HomeMy WebLinkAboutCouncil Actions 10-06-03 HARRIS
36502-100603
ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 2003
9:00 A.M.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM
AGENDA
Call to Order--Roll Call.
A communication from Mayor Ralph K. Smith requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
File #110-132
Approved (4-0) Council Members Wyatt, Dowe and Fitzpatrick were out
of the Conference Room when the vote was recorded.)
e
A communication from the City Attorney requesting that Council convene in
a Closed Meeting for consultation with legal counsel on a specific legal matter
requiring provision of legal advice by counsel, pursuant to Section 2.2-3711
(A)(7), Code of Virginia (1950), as amended.
File #83-132
Approved (4-0) Council Members Wyatt, Dowe and Fitzpatrick were out
of the Conference Room when the vote was recorded.)
Joint meeting of Council and the Roanoke Redevelopment and Housing
Authority: (90 minutes)
Call to Order and Roll Call by the Roanoke Redevelopment and
Housing Authority.
· Opening remarks. Mayor Smith/Chairman Fink.
· Discussion with regard to draft Statement of Purpose and Expectations.
° Closing Comments.
File #132-178
(The Council will convene in Closed Session for interviews for appointments
to the Architectural Review Board and the Industrial Development Authority.)
Items listed on the 2:00 p.m. Council docket requiring
discussion/clarification; and additions/deletions to the 2:00 p.m. docket.
Topics for discussion by the Mayor and Members of Council.
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE
RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER.
2
ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call. (CouncilMember Fitzpatrick was absent.)
The Invocation was delivered by The Reverend Ken Atkins, Pastor,
West End Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, October 9, 2003,
at 7:00 p.m., and Saturday, October 11, 2003, at 4:00 p.m. Council meetings
are now being offered with closed captioning for the hearing impaired.
3
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE
CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND
RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO
THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, CLICK
ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS
AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT
SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV. COM, TO OBTAIN AN APPLICATION.
4
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
Proclamation declaring the month of October 2003 as National Arts and
Humanities Month.
File #3-348
Proclamation declaring the month of October 2003, as Crime Prevention
Month.
File #3-5
Proclamation declaring the month of October 2003, as Family History Month,
and Saturday, October 18, 2003, as Family History Celebration Day.
File #3-323
Proclamation declaring October 5 - 11, 2003, as Fire Prevention Week.
File #3-70
Proclamation declaring October 5 - 11, 2003, as Mental Illness Awareness
Week.
File #3-22
Joint Proclamation declaring October 19 - 25, 2003, as Building Character
Week.
File #3
e
CONSENT AGENDA
APPROVED (6-0)
Item C-4 was removed from the Consent Agenda for separate discussion.
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
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C-1
C-2
Minutes of the regular meetings of Council held on Monday, August 4,
2003; Monday August 18, 2003, and recessed tmtil Friday, August 22, 2003.
RECOMMENDED ACTION:
Dispense with the reading of the
minutes and approve as recorded.
A communication from the City Manager requesting that Council
schedule a public hearing for Thursday, October 23, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to conveyance of an
easement on City-owned property at Jackson Park.
RECOMMENDED ACTION:
File #28-67-166
Concur in the request.
C-3
A communication from the City Manager requesting that Council
schedule a public hearing for Thursday, October 23, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to leasing 7.05 acres of
City-owned property located near Back Creek in Roanoke County.
RECOMMENDED ACTION:
File #166
Concur in the request.
C-4
A communication from the Honorable David C. Anderson,
Treasurer, advising of his retirement, effective December 31, 2003.
RECOMMENDED ACTION:
File #34
Receive and file.
City
C-5
A communication from Steven C. Buschor, Director, Parks and
Recreation, advising of the resignation of The Reverend David Walton as a
member of the Parks and Recreation Advisory Board.
RECOMMENDED ACTION:
File #67-110
Receive and file the communication
and accept the resignation.
6
C-6
A communication from Steven C. Buschor, Director, Parks and
Recreation, advising of the resignation of Onzlee Ware as a member of the
Parks and Recreation Advisory Board.
RECOMMENDED ACTION:
File g67-110
Receive and file the communication
and accept the resignation.
C-7
Qualification of the following persons:
Edward C. Bradley as a member of the Personnel and
Employment Practices Commission, for a term ending
June 30, 2006;
File gl 10-202
Michael F. Urbanski and Joseph B. Wright as members of the
Virginia Western Community College, Board of Directors, for
terms ending June 30, 2007; and
File gl 10-467
Cheryl D. Evans as a member of the Youth Services Citizen
Board, for a term ending March 31, 2006.
File gl 10-304
C-4
RECOMMENDED ACTION:
Receive and file.
A communication from the Honorable David C. Anderson, City
Treasurer, advising of his retirement, effective December 31, 2003.
The notice of retirement was accepted with regret.
File g34
7
REGULAR AGENDA
4. PUBLIC HEARINGS:
Approval of the City's issuance of general obligation bond, or bonds, in
an amount estimated not to exceed $5,000,000.00, for the purpose of
financing replacement of the existing school building at the Roanoke
Academy for Mathematics and Science. Richard L. Kelley, Assistant
Superintendent of Operations, Spokesperson.
Adopted Resolution No. 36502-100603 (6-0)
File #53-467
bo
Adoption of a revised Cable Television Franchise Ordinance and an
ordinance approving and authorizing execution ofa 15-year renewal of
the Cable Television Franchise Agreement held by CoxCom, Inc., d/b/a/
Cox Communications Roanoke. Alfred T. Dowe, Jr., Council Liaison,
Roanoke Valley Cable Television Committee; and Darlene L. Burcham,
City Manager, Spokesperson.
Adopted Ordinance Nos. 36503-100603 and 36504-100603 (6-0)
File #448-117
5. PETITIONS AND COMMUNICATIONS:
A communication from the General Registrar requesting that Council
approve an emergency change in the polling place from the Jefferson
Hall Gym, to the Jefferson Center, 541 Luck Avenue, S. W.,
temporarily; and a communication from the City Manager concurring in
the request.
Adopted Ordinance No. 36505-100603 (6-0)
File #40
8
A communication from the Market Building Tenants Association with
regard to national chains leasing space in the City Market Building.
Eugene Full, Spokesperson. (Sponsored by Mayor Smith and Council
Member Cutler)
Deferred until Thursday, October 23, 2003, at 2:00 p.m.
File #122
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
Execution of the 2003 Regional Wastewater Collection and
Treatment Contract with four area jurisdictions.
Adopted Ordinance No. 36506-100603 (6-0)
File #468
o
Execution of a Memorandum of Understanding with the U. S.
Marshal's Service Joint Fugitive Task Force of the Western
District of Virginia for the Blue Ridge Fugitive Apprehension
Strike Team.
Adopted Resolution No. 36507-100603 (6-0)
File #5
Acceptance of Office of Domestic Preparedness State Homeland
Security grant funds, in the amount of $246,434.00; and
execution of an agreement with the Virginia Department of
Emergency Management.
Adopted Budget Ordinance No. 36508-100603 and Resolution
No. 36509-100603 (6-0)
File #5-236-188
9
Acceptance of Virginia Department of Emergency Management
"pass-through" grant funds, in the amount of $15,000.00; and
appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 36510-100603 and Resolution
No. 36511-100603 (6-0)
File #188-236
Approval of acquisition of properties identified as Official Tax
Nos. 4470101 and 4480101, contingent upon return of an
acceptable title search and environmental assessment, in
connection with preservation and protection of the viewshed of
the Blue Ridge Parkway.
Adopted Budget Ordinance No. 36512-100603 and Ordinance
No. 36516-100603 (6-0)
File #2-67-216-529
Approval of continuation of the position of Restricted Eligibility
Worker; and appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 36513-100603 and Resolution
No. 36514-100603 (6-0)
File #60-72
BRIEFINGS:
Virginia Department
(30 minutes)
File #77
of Transportation
Long-Range Plan.
Police Training Facilities. (30 minutes)
File #5
10
b. Director of Finance:
Financial report for the month of August 2003.
Received and filed
File #1-10
7. REPORTS OF COMMITTEES:
A report of the Architectural Review Board recommending adoption of
a resolution endorsing amendments to Architectural Review Guidelines
pertaining to the installation of replacement or substitute siding.
R. Brian Townsend, Director, Planning, Building and Development,
Spokesperson.
Adopted Resolution No. 36515-100603 (6-0)
File #249
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Wyatt inquired about recent changes, if any, to the
City's grievance procedure; i.e.: A grievance filed by a City
employee proceeds through the chain of command to the City
Manager and if the grievance is deemed grievable by the City
Manager, it is heard by a grievance panel and the decision of the
panel is binding on both parties. She also inquired about the
number of grievances that are rendered non-grievable by the City
11
Manager. The City Manager advised that a written response will be
forwarded to the Members of Council.
File #66-104-184-202
Council Member Bestpitch expressed appreciation to Michael
Ramsey, Chair, Roanoke Public Library Board, for his service to
the City and for a recent Commentary which appeared in The
Roanoke Times, to direct attention to the library process. He
encouraged citizens of Roanoke to participate in a discussion during
the next several months on what library services of the future will
be like, since the library system is changing from the concept of a
building containing books to a system that provides a variety of
resources in a variety of ways. He called attention to the need to
hear from citizens with regard to those resources that are the most
beneficial and how services can best be delivered.
File # 110-323
Council Member Cutler referred to a proclamation that was
previously issued by the Mayor proclaiming the month of October,
2003 as Family History Month, and advised that fellow members of
the Fincastle Chapter of the Sons of the American Revolution were
invited to attend the Council meeting inasmuch as the organization
views the Virginia Room of the Roanoke City Public Library as a
priceless resource and has expressed an interest in the planning
process to improve the City's library system, including access to and
support/protection of genealogical and historical collections in the
Virginia Room.
Council Member Cutler commended the City's Department of
Neighborhood Services upon publication of the newsletter, "Around
the Blockwith Roanoke's Neighborhoods" which includes an article
describing initial appointees to the Roanoke Neighborhood
Advocates (RNA) and advises that the RNA will accept applications
from neighborhood leaders to serve on its policy body.
Council Member Cutler encouraged Roanoke Valley residents to
attend the Annual Virginia Environmental Assembly to be held in
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the City of Roanoke on Saturday, October 26, 2003, 10:00 a.m. -
5:00 p.m., at Center in the Square, Mill Mountain Theater, which
will provide an opportunity to learn about and contribute to
discussions on a variety of environmental issues from water
management to transportation.
File #3-227-323-468-529-549
Council Member Dowe commended the Roanoke Symphony
Orchestra on the success of the Polo Cup activity which was held in
Green Hill Park in the City of Salem on Saturday, October 4, 2003;
and This Valley Works, under the auspices of Total Action Against
Poverty, for hosting the Western Virginia Classic football game
between St. Augustine College and Virginia Union which was also
held on Saturday, October 4, at Victory Stadium. He congratulated
both organizations on their efforts to bring these types of events to
the Roanoke Valley.
File #122-226-261-467
be
Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Mr. Chris Craft, 1501 East Gate Avenue, N. E.: expressed concern that
as a result of State budget cuts, the Virginia Department of
Transportation has eliminated plans for a bridge over the Hollins Road
railroad tracks; advised that promises made by the City of Roanoke to
residents of the Gainsboro community should be honored; spoke against
the median on Williamson Road which adversely impacts some
Williamson Road businesses; called attention to the traffic congestion at
Masons Mill Road and Hollins Road, N. E.; and asked that Council review
the hiring practices of the City of Roanoke.
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File #20-77-102-202-316
Mr. John Kepley, 2909 Morrison Street, S. E., requested that Council
reconsider its vote to demolish Victory Stadium in view of thousands of
signatures of Roanoke residents on a petition in support of saving this
historic landmark. (No motion has been adopted by City Council to
demolish Victory Stadium.)
File #122-132
Mr. Robert Gravely, 729 Loudon Avenue, N. W., advised that: Victory
Stadium should be creatively marketed in lieu of constructing a new
stadium; the average citizen of the City of Roanoke cannot afford the price
of a ticket to an event at the Roanoke Civic Center; more jobs are needed
to attract young people to the Roanoke Valley; and the need for improved
maintenance of the City of Roanoke and its infrastructure.
File #122-192
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke in support of
renovating Victory Stadium. She expressed appreciation to those
Members of Council who voted to support Victory Stadium's renovation
and disappointment in those Council Members who did not support
renovation of the stadium.
File #122-132
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that over 7000
persons signed petitions in support of saving Victory Stadium, all of whom
consider Victory Stadium to be a part of their home and their heritage;
however, the majority of Council saw fit not to honor their wishes. She
inquired if Roanoke City is becoming a dictatorship where a few people
rule to the detriment of the majority of the citizenry.
File #122-132
Mr. Robert Craig, 701 12th Street, S. E., expressed concern with regard
to the City's utility tax on cellular telephone service; an increase in his
real property assessment by 33 per cent; wasteful spending of taxpayers'
money; and the lack of dissemination of appropriate information by
Council and the City Administration to the citizens of Roanoke. He
14
referred specifically to certain unknowns regarding the Farmer's Market
and the Subway restaurant and the perception by some persons that the
"mom and pop" types of operation in the City Market Building will be
replaced by national chain restaurants. He called attention to poor
maintenance of the City Market building.
File #66-42-79
12. CITY MANAGER COMMENTS: NONE.
The meeting was declared in recess for two briefings and continuation of
a closed session on boards and commissions.
CERTIFICATION OF CLOSED SESSION. (6-0)
The following persons were appointed/reappointed to various City Council
appointed Committees:
Architectural Review Board
File #15-110-249
Donald C. Harwood
for a term ending
October 1, 2007
Roanoke Civic Center
Commission
File #15-110-192
Calvin H. Johnson and
Thomas G. Powers for terms
ending September 30, 2006
Industrial Development
Authority
File #15-110-207
F. Gordon Hancock
for a full term commencing
October 21, 2003
Joint Council/Housing
Authority Ad Hoc Committee
to Study the Role of the
Roanoke Redevelopment
and Housing Authority
C. Nelson Harris
Beverly T. Fitzpatrick, Jr.
15
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
FRIDAY, OCTOBER 17, 2003, AT 9:00 A.M., AT THE ROANOKE
COUNTY ADMINISTRATION CENTER, FOURTH FLOOR TRAINING
ROOM, 5204 BERNARD DRIVE, S. W., FOR A JOINT MEETING OF
CITY COUNCIL AND THE ROANOKE COUNTY BOARD OF
SUPERVISORS WITH REGARD TO FORMATION OF A WATER AND
WASTE WATER AUTHORITY.
16
RALPH ~ SM~H
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011 - 1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
October 6, 2003
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
RKS:snh
Ralph K. Smith
Mayor
WILLIAM M. HACI~VORTH
CITY ATTORNEy
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: ¢iWat~y~ci.roanoke vaus
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
October 6, 2003
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting for consultation with
legal counsel on a specific legal matter requiring provision of legal advice by counsel, pursuant
to §2.2-3711.A.7, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
WMH:f
cc: Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
William M. Hackworth
City Attorney
OCT O1 2003 2:~3PM RORMOKE REDEVELOPMEMT 5~0 883-9200 p.2
AND HOUSING
Au'mo
AGENDA
JOINT MEETING CiTY OF ROANOKE COUNCIL AND
THE ROANOKE REDEVELOMENT AND HOUSING AUTHORITY
· CALL TO ORDER OF RRHA MEETING
· OPENING REMARKS-CHAIRMAN
· DISCUSSION OF DRAFT STATEMENT OF PURPOSE &
EXPECTATION8
· WRAP-UPAND CLOSING COMMENTS
P.C~ B~x 6559 * R~eok~, l~rgl~i~ 24017-035P
Telep&one [.~4#) ~&~.92#1 · TJ)J) (540) 985.9217
ROANOKE
REDEVELOPMENT
,~D Hoes~c
Partners in Progress
Project and Activity Report to City Council
October 6, 2003
REAL ESTATE
1200 Melrose Housing Construction - This project will result in construction
of nine single-family homes on a previously vacant site in the 1200 Block of
Melrose Avenue. Two homes have been constructed and sold. Seven homes
will be constructed over the next eighteen months. Sale of these homes will
increase the property values and income levels in this neighborhood.
732 13th Street -This project is to renovate a vacant historic structure
located next to the Mountain View Center, Plans for renovation of this
structure are underway. A decision remains to be made concerning the re-use
of the structure as residential or commercial. RRHA is pursuing alternative
uses, ownership, and financing.
Lincoln 2000 Off-site Housing Construction - This project will develop
twelve new single-family homes in the Washington Park and Loudon-Melrose
neighborhoods. RRHA has completed construction of one home and the
home is occupied by a family on a lease-purchase agreement. Three homes
are under construction and will be completed in the next ten months. RRHA
also has an agreement with the Blue Ridge Housing Development
Corporation (BRHDC) to construct eight homes. One of these has been
completed and sold. Seven more will be completed within the next ten
months. Sale of these homes will increase the property values and income
levels in these neighborhoods.
Lincoln 2000 On-site Housing Construction - This project includes
construction of ten single-family homes and six town home units on-site at the
Villages at Lincoln. RRHA has begun construction of five single-family homes
and six town homes. RRHA will contract for construction of five additional
single-family homes in the next ten months.
Stepping Stone Town Homes - This project is to construct thirty town home
units on site at the Villages at Lincoln. A private non-profit company will
contract for construction of these units over the next eighteen months. These
will be privately operated rental units for Iow and moderate-income families.
Washington Park Rehabilitation - This project is to rehabilitate single-family
homes in the Washington Park neighborhood. Two single-family homes have
been purchased, rehabilitated and sold. Two homes have been purchased
and will be rehabilitated and sold in the next six months. Two homes are
being appraised and RRHA anticipates making purchase offers on these
homes in the next month. An additional eleven owner-occupied homes have
received financing for rehabilitation.
Southeast By Design - RRHA is partnering with the City of Roanoke and
BRHDC to concentrate housing assistance in the Bullitt and Jamison Avenue
corridor in Southeast Roanoke. RRHA's rote is to provide home rehabilitation
services for existing owner-occupied and rental housing. To date, six owner-
occupied projects have been undertaken with three homes completed and
three currently under construction.
Capital Improvements at Public Housing Sites ~ RRHA has contracted for
major improvements at the Lansdowne site and is replacing roofs and siding
at Jamestown Place, Indian Rock Village and Bluestone Park. Other smaller
capital improvement projects are ingoing at all sites.
South Jefferson Redevelopment Project - Acquisition of all properties to be
acquired for Phases 1 and lA except the Mennel Mill property is complete
and most businesses have relocated from the acquired sites. Eligibility of the
site under the Voluntary Remediation Program is nearly complete. Demolition
and site clearance of the initial project phases has begun and the new
Carillon parking deck and Honeytree daycara center are currently under
construction. Significant additional development activities have occurred on
the northern end of the project area on Albemarle Ave. SW. Carillon is
developing a new outpatient surgical clinic, and Excel Presthetics completed
substantial rehabilitation to an existing property. Property disposition
appraisals ara being prepared to establish the fair market value of property to
be conveyed to Carillon for redevelopment.
Eight Jefferson Place - The renovation of the historic Norfolk & Western
office building is complete and 70 of the 87 units are rented. Eight Jefferson
Place is a significant addition to downtown living and will be featured on the
Downtown Living Tour to be held October 18 & 19.
Homeownership - RRHA is continuing a program of increasing
homeownership in the City. As described above, RRHA is constructing a
variety of units for homeownership. In the next several months RRHA will also
begin implementation of a plan for providing homeownership opportunities to
residents in the Housing Choice Voucher (Section 8) program.
HUMAN SERVICES
With the end of the Drug Elimination Program and the conclusion of HOPE VI
and the 2001 ROSS Grant funding in June and September 2004 respectively,
RRHA, through its Human Services Division, is identifying potential partnerships
and collaborations and working to expand existing associations that enhance our
self-sufficiency philosophy. Our vision is to provide an integrated system of
service delivery that provides opportunities for Iow-income families to become
self-sufficient and/or improve their quality of life. It is important for families to
recognize that assisted housing is a place of opportunities and that RRHA staff,
area agencies and surrounding neighborhoods are working together to achieve
common goals.
Case management services are currently being offered to residents at the
Villages at Lincoln and Lansdowne Park through the aforementioned grants. The
case managers refer residents to agencies that provide education, skills and job
training, employment, childcare and transportation services. Additionally, any
family living in public housing or receiving a Housing Choice Voucher may enroll
in the Family Self-Sufficiency Program (FSS) where they have an opportunity to
save money as their earned income increases. The FSS program matches
housing assisted families with existing community services to achieve economic
self-sufficiency. Since our orientation sessions began in late July, ten housing
choice voucher participants have signed contracts of participation. Additional
orientation sessions are being scheduled for public housing residents.
One hundred two families of the newly renovated Villages at Lincoln are working
to fulfill their self-sufficiency goals. Sixty-three residents are employed full-time,
eight are obtaining certifications and/or college degrees, three have started
businesses, six have purchased homes and six are enrolled in RRHA's lease
purchase program. In 2003, five students graduated from high school and one
resident earned a GED. Eighty of the self-sufficiency bound residents have a
high school diploma or a GED.
The Conflict Resolution Center is the recipient of two HUD ROSS (Resident
Opportunities and Self Sufficiency Program) Grants that assist public housing
residents and resident organizations. One grant funds training in the areas of
communication, mediation, negotiation and facilitation. Also, this grant helps
residents set goals and make choices that carry them toward those goals. The
Capacity Building grant helps residents of public housing increase their
leadership and management capacity and ultimately their self-sufficiency
opportunities. The resident organizations, individual residents and RRHA reap
the benefits from the training, mediation and facilitation services provided by
these grants.
Two Neighborhood Coordinators are serving as liaisons to our public housing
communities and Roanoke City neighborhoods and are responsible for project
and program planning, assisting with neighborhood revitalization, identifying
needs and securing appropriate solutions through coordinated efforts with other
agencies and city government,
The challenge for the Human Services Division is to assist agencies, accustomed
to contracting with RRHA to provide services to public housing residents and
communities, in locating alternative funding to continue their invaluable work.
Securing resources through partnerships and collaborative efforts will help the
City of Roanoke meet the needs of its citizens living in assisted housing.
Youth Services and Programming attached
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CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: wv~v.roanokegov.com
August 29, 2003
John Baker
Executive Director
Roanoke Redevelopment and
Housing Authority
P.O. Box 6359
Roanoke, Virginia 24017-0359
Dear John:
In response to the draft outline of the purpose and expectations for the City of
Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) sent
to the Honorable M. Rupert Cutler on June 24, 2003, I would like to offer the
following:
First, the City recognizes the ongoing work and accomplishments of RRHA. We
look forward to seeing this same impact for our citizens in the future.
Additionally, we wish to continue to build on our relationship with RRHA. Without
multiple partners, processes can be prolonged and discontent can spread
throughout. It is the City's vision, with the creation of the Department of Housing
and Neighborhood Services, to take a stronger position on housing and code
enforcement internally, and to work with the related agencies, including RRHA, to
demonstrate visible results throughout our City. We desire to expedite these
results by stronger partnering, which could include bringing in other community
development corporations (CDCs) and private developers to help with these
endeavors.
This is what we envision as both roles, which will maximize what is best for our
community:
City's role:
Expand housing choices through public and private partners
Initiate action to de-concentrate poverty and Iow-income housing
Facilitate the building of strong neighborhoods
Removal of substandard housing, enforce codes
Provide Community Development Block Grant (CDBG) funds to assist
in neighborhOod revitalization
Focus on leveraging outside funding sources to maximize benefits to
our citizens
RRHA's role:
Provide public housing
Administer Section 8
Enforce housing quality standards
Partner with other housing providers to provide housing rehab loans
Commercial and residential land acquisition
Padner in neighborhood revitalization
We do understand the unique relationship between the City and RRHA that sets
you apart from other housing agencies by law. We will strive to build upon this
relationship and to continue positive dialogue as to how we can improve the
overall quality of life for our citizens.
Darlene L. Burcham
City Manager
DLB/dm
C;
City Council Members
Rolanda Russell
Mike Etienne
DRAFT
Statement of Purpose & Expectations
for
The City of Roanoke
and
The Roanoke Redevelopment & Housing Authority
Uniquely empowered by the Code of Virginia, the Roanoke Redevelopment and Housing
Authority (RRHA) is charged with three primary responsibilities:
Maintenance of 1,328 units of public housing in 9 developments to serve economically
disadvantaged citizens in the City of Roanoke.
· Administration of 1,321 Section 8 rental housing vouchers to assist economically
disadvantaged citizens in the City of Roanoke.
· Utilization of redevelopment and rehabilitation powers to assist the City of Roanoke
(City) in major economic development and neighborhood revitalization initiatives.
As constituted by state law, the relationship between the City and RRJ-IA is unique among all
other organizations in the community. City Council created RRHA and appoints the Board of
Commissioners for 4-year terms. For redevelopment and revitalization projects, the City sets
policy and direction and RRHA implements the programs and projects of the City. For public
housing and Section 8, RRHA is heavily regulated by HUD policies and guidelines in the
fulfillment of its responsibilities.
A strong partnership between the City and RRHA is essential to the success of the overall
mission of both. The unique powers and roles, when combined in a working partnership, provide
the greatest opportunity for addressing the challenging issues facing Roanoke today.
Recognizing the importance of meaningful partnerships, RRHA has founded Case Management
Roanoke Valley Consortium (CMRV Consortium) with the mission to coordinate case
management functions among all community organizations, and to create an integrated system
for intake, referral, and assessment to be used by all service providers. In addition, RRHA is in
the process of founding a Consortium to coordinate all housing-related initiatives in the City in
order to minimize duplication and maximize efficiency.
In order to keep purposes and activities of each aligned, City Council will establish policy that
can be used as guidelines by the Board of Commissioners. Recognizing a responsibility to its
appointing entity, the Board of Commissioners will keep City Council fully informed on issues
of mutual interest. The Executive Director of RRHA works closely with the City Manager, and
the respective staffs of the City and RRHA form an effective team in carrying out the day-to-day
operations that make the partnership effective.
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254l
Fax: (540) 853-1145
September 26, 2003
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, .Ir.
Beverly T. Fitzpatrick, Jr.
C. Nelson Harris
Linda F. Wyatt
The Honorable Ralph K. Smith, Mayor
Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
As Council's liaison to the Roanoke Redevelopment and Housing Authority, I wish to call
your attention to some earlier correspondence from Chairman Ben Fink. While Mr. Fink's
letter is in response to a question raised by Councilman Rupert Cutler, I believe the content
concerns a matter that has been before the Council for some time. Namely, what future
role do we wish the Housing Authority to have in our community beyond the one they have
traditionally played? At each of the monthly breakfast meetings with Housing Authority
representatives, this issue has been raised. Consequently, I would like for this matter to
receive substantive attention at our upcoming joint meeting. To refresh your thinking on the
matter, I am providing the abovementioned correspondence.
If you should have any questions of me as your Council Liaison prior to the joint meeting,
please do not hesitate to contact me. I thank you for your attention to this matter and look
forward to our discussions with the Housing Authority Board.
Respectfully,
C. Nelson Harris
Vice-Mayor
CNH:ew
Attachment
pc~
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Ben F. Fink, Chair, Roanoke Redevelopment and Housing Authority, 2624 Salem
Turnpike, N. W., Roanoke, Virginia 24017
June 24,2003
The Honorable M. Rupert Cutler
Roanoke City Council
2865 Jefferson Street, SE
Roanoke, VA 24014
Dear Rupee:
During our breakfast meeting some months ago you made the suggestion that the Board of
Commissioners and staff of the Roanoke Redevelopment and Housing Authority develop a draft
of a document outlining what we believed were the roles of the City and RRHA.
John Baker, working with input from staffand the Board, has drafted a statement of purpose and
expectations for the City and RRHA, a copy of which is attached for review. We hope that this
draft will provide for continuing dialogue about the various roles of both.
I think that John has done an excellent job in outlining the unique capabilities of RRHA, and the
roles that the staff and Board believe RRI-IA can fill. I look forward to continued discussions
with you and other members of Council, as well as the City's administration, about the roles that
each of us can play in bringing renewed vitality to the neighborhoods of the City of Roanoke,
and continued economic growth to the City and surrounding region.
Sincerely,
Ben J. Fink, Chairman
Board of Commissioners
Enclosure
Copy to: C. Nelson Harris, Council Liaison
John P. Baker, Executive Director, RRHA
Office of the Mayor
CITY OF ROANOKE
WHEREAS,
the month of October has been recognized as National Arts and
Humanities Month by thousands o farts and cultural organizations,
communities and states across the nation, as well as by the V~hite
House and the Congress; and
WHEREAS,
the arts and humanities embody much of the accumulated wisdom,
intellect and imagination of humankind and enhance and enrich
the lives of every American; and
WHEREAS,
education research findings suggest that the arts help to close the
achievement gap, especially among disadvantaged youth; the arts
improve academic skills essential for reading and language
development, build strong mathematical skills, and advance a
motivation to learn and to promote positive social development;
and the cultural industry of the Roanoke region serves 50 school
districts and 300,000 children annually; and
WHEREAS,
the Roanoke region nonprofit arts and cultural industry
strengthens the City's economy by generating $26 million in
economic activity annually; and
WHEREAS, the month of October, 2003, has been designated as National Arts
and Humanities Month.
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
do hereby proclaim the month of October, 2003, throughout this great All-
America City, as
NATIONAL AR TS AND HUMANITIES MONTH.
Given under our hands and the Seal of the City of Roanoke this sixth day of
October in the year two thousand and three.
ATTESI~'
Mary F Parker
City Clerk
Ralph E Smith
Mayor
WHEREAS,
the vitality of the City pf Roanoke depends on how safe we keep
our homes, neighborhoods, schools, workplaces and communities;
and
WHEREA&
crime and fear of crime destroy our trust in others and in
institutions, threatening the community's health, prosperity and
quality of life; and
WHEREA&
people of all ages must be made aware of what can be done to
prevent themselves, their families, neighbors and co-workers from
being harmed by crime, violence and drugs; and
WHEREA&
personal injury, financial loss and community deterioration
resulting from crime are intolerable; effective prevention requires
an investment by the whole community; and
WHEREA&
crime prevention initiatives must include self-protection and
security, including collaborative efforts to make neighborhoods
safer for all ages and to develop positive opportunities for young
people; and
WHEREA&
adults must invest time, resources and policy support in effective
prevention and intervention strategies for youth, and teens must be
actively engaged in driving crime from communities; and
WHEREA&
effective crime prevention programs excel through partnerships
among law enforcement, other government agencies, civic groups,
schools, faith communities, businesses and individuals as they help
to nurture communal responsibility and instill pride.
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
urge all citizens, government agencies, public and private institutions and
businesses to invest in the power of prevention and to work together for
the common good, and do hereby proclaim the month of October, 2003,
throughout this great AlbAmerica City, as
CRIME PREVENTION MONTH.
Given under our hands and the Seal of the City of Roanoke this sixth day of
October in the year two thousand and three.
ATTEST?
Mary F. .Parker
City Clerk
Mayor
Office of the Mayor
CITY OF ROANOKE
WHEREAS,
the month of October has been designated Family History Month
by the Congress of the United States; Family History gives
individuals a sense of heritage and a sense of responsibility to
carry out the legacy of their ancestors; and
WHEREA&
within the Nation's libraries and archives lie the treasured records
that detail the history of the Nation, states, communities and
citizens; it is important to celebrate the role of history in our lives
and the contributions made by dedicated individuals in helping to
preserve the heritage that has shaped us as a people; and
F/ttEREAS,
the Virginia Room of the Roanoke Public Library is dedicated to
the history of the Commonwealth of Virginia and its citizens, and
in partnership with the Southwestern Virginia Genealogical
Society, Ina, encourages family history research, education and
the sharing of knowledge to renew the commitment to the concept
of home and family; and
WHEREAS,
"Family History" is the theme of the Family History Celebration
co.sponsored by the Southwestern Virginia Genealogical Society,
Inc., the Roanoke Public Library Foundation, the Virginia Room-
City of Roanoke Public Libraries, in association with the History
Museum and Historical Society of Western Virginia,
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
do hereby proclaim October 2003, throughout this great.4ll-.4merica City, as
FAMILY HIS TORY MONTH;
and do hereby.further proclaim, Saturday, October 18, 2003 as
FAMILY HIS TORY CEL EBRA TION DA Y.
Given under our hands and the Seal of the City of Roanoke this sixth day of
October in the year two thousand and three.
,~TTEST:
Mary ~ Parker
City Clerk
Mayor
Office of the Mayor
CITY OF ROANOKE
marion
WHEREAS, public safety is a top priority in the City of Roanoke; and
WHEREAS, safety fbom fire is important, both to citizens and local firefighters,
who put their lives on the line with every response to afire; and
I, VHEREAS, residents of Roanoke must take action to prevent fires and to
protect themselves if fire strikes; and
WHEREAS,
awareness of simple safety practices can help to lower the City's
local fire death and injury rates; working smoke alarms on every
level and a home fire escape plan, with regular drills, are essential
for every household; and
WIIEREAS,
the City of Roanoke is joining with the National Fire Protection
Association (NFPA) in teaching lifesaving messages in conjunction
with Fire Prevention Week; and
WHEREAS, Fire Prevention Week 2003 theme, "When Fire Strikes: Get out/
Stay out!" is an important reminder for all citizens.
NOt'F, THEREFORE, L Ralph It Smith, Mayor of the City of Roanoke, Vii'ginia,
encourage all citizens to remember Fire Prevention Week 2003, and urge
all citizens to install smoke alarms and to plan and to practice fire drills,
and do hereby proclaim the week of October 5- 11, 2003, throughout this
great All-America City, as
FIRE PREVENTION WEEK.
Mary F. Parker
City Clerk
Given under our hands and the Seal of the City of Roanoke this sixth day of
October in the year two thousand and three.
Mayor
Office of the Mayor
CITY OF ROANOKE
ma on
WHEREAS every individual, family and community should understand that
mental health is an essential part of overall health, and suicide prevention
can be reduced by removing the stigma of seeking care; and
WHEREAS, it is essential to eliminate disparities in mental health by
promoting well-being for all citizens, regardless of race, ethnicity,
language, place of residence or age, and ensure equity of access, delivery
of services, culturally competent care to all and improvement of outcomes,
through public and private partnerships; and
WHEREAS, consumers and families need the necessary information and the
opportunity to exercise choice over care decisions, including
individualized plans of care, expanded supported employment, enhanced
rights protection, better criminal and juvenile justice diversion, re-entry
programs and improved access to housing,, and
WHEREAS, every individual should have the opportunity for early and
appropriate mental health screening, assessment and referral to
treatment; and
WHEREAS, adults and children with mental illness deserve ready access to
evidence-based best treatments, services and supports leading to
recovery; and
WHEREAS, the mental health system is responsible for providing consumers,
providers and the public with quality, accessible and accountable
information, supporting improved care and information dissemination,
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
in order to increase public awareness, of severe mental illness and to promote
greater understanding for those who suffer from the potentially disabling
symptoms of these disorders, do hereby proclaim October 5 - 11, 2003,
throughout this great All-~4merica City, as
MENTAL ILLNESS AWARENESS WEEK.
Given under our hands and the Seal of the City of Roanoke this sixth day of
October in the year two thousand and three.
Mary E Parker Ralph K. Smith
City Clerk Mayor
o' nt Proclamatioo
DECLARING OCTOBER 19 THROUGH OCTOBER 25, 2003,
AS BUILDING CHARACTER WEEK
IN THE ROANOKE VALLEY
WHEREAS,
WHEREAS,
WHEREAS,
the parents, citizens and leaders of the Roanoke Valley realize our next
generation can create a community with an ever-improving quality of living and
set an example for the region and the wodd as we head into a crucial time for
humankind; and
the extraordinary nature and demands of these times will challenge members of
our community to be extraordinary citizens with strong moral character and a
clear understanding of what it means to be an involved and compassionate
human being; and
our schools in the Roanoke Valley are working to instill these~character traits,
also cited by Virginia Law, into the young persons of our community:
RESPONSIBILITY, RESPECT, CARING, TRUSTWORTHINESS, FAIRNESS,
CITIZENSHIP, and CARING; and
WHEREAS,
WHEREAS,
these six traits of character are fundamental to all human beings regardless of
cultural, religious, or socio-economic differences; and
it is the duty of all parents and families and also of all responsible community
members to set good examples and to provide young persons with opportunities
of service and to develop high moral standards and create value systems that will
serve them well in living their lives and reaching their full potential; and
WHEREAS,
the Greater Roanoke Valley Character Coalition (Valley Character. org) is working
to improve life in our community by supporting the building of character and
supporting those working for improvement of our neighborhoods and to ease
suffering and injustice for our citizens.
NOW THEREFORE, WE, the undersigned, do hereby proclaim October 19 through October 25,
2003, as BUILDING CHARACTER WEEK in the Roanoke Valley, coinciding with
National CHARACTER COUNTS! Week; and
FURTHER,
We call upon parents, families, leaders, citizens, schools, youth organizations,
faith-based groups, businesses, community groups, government agencies and all
others to model good practices; engage in discussions about people of
extraordinary character; acknowledge local individuals who exemplify such
character; encourage young persons to be active in serving their community
through volunteerism and provide opportunities for young persons to cultivate
their character and their futures through education, public-service, and
community involvement
Joseph McNamara, Chair
Roanoke County Board of
Supervisors
Alexander H. Brown
Vice-Mayor, City of Salem
W. Wayne Angell, Chair
Franklin County Board of
Supervisors
Ralph K. Smith, Mayor
City of Roanoke
Donald L Davis, Mayor
Town of Vinton
MINUTES
Please refer to Official Minutes File.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Conveyance of Easement to Roanoke Gas
Company at Jackson Park
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public
hearing on the proposed conveyance of property rights. This is to request that a public hearing be
advertised on the above matter for Council's regular meeting to be held on Monday, October 20,
2003. A full report will be included in the October 20, 2003, agenda material for your consideration.
Res~ectfu ,([1~ .mitted,
Darle~
City Manager
DLB/SEF
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Lease of City Property- Back Creek
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a
public hearing on the proposed conveyance or lease of property rights. This is to request
that a public hearing be scheduled and advertised for October 23, 2003, to consider leasing
7.05 acres of City owned land in Roanoke County to a County resident for pasturage of
horses. A full report will be included in the October 23, 2003, agenda material for your
consideration.
DLB:slm
O;
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Rackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Michael T. McEvoy, Director of Utilities
Dana Long, Manager of Billings and Collections
Scott L. Motley, Economic Development Specialist
CM03-00201
CITY OF R ?..ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
October 10, 2003
File #34-184
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable David C. Anderson
City Treasurer
Roanoke, Virginia
Dear Mr. Anderson:
Your communication advising of your retirement as Treasurer for the City of Roanoke,
effective December 31,2003, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 6, 2003.
On motion, duly seconded and adopted, the communication was received and filed and
your notice of retirement was accepted with regret.
Sincerely,~/~.~ ¢
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Kenneth S. Cronin, Director of Human Resources
P.O. Box 1451
Roanoke, Virginia 24007-1451
Telephone: (540) 853-2561
FAX: (540) 853-1019
DAVID C. ANDERSON
Treasurer
R. RICHARD HALE, JR.
Chief Deputy
September 30, 2003
Ms. Mary Parker, City Clerk
City of Roanoke
215 Church Avenue Room 456
Roanoke VA 24011
Dear Mary;
Re: Retirement - David C. Anderson, City Treasurer
Please include on the City Council's October 6, 2003 Council meeting
Consent Agenda:
David C. Anderson, City Treasurer, plans to retire, effective December 31,
2003.
Thank you for your assistance.
Sincerely yours,
David C. Anderson
City Treasurer
DCA/Id
MARY F. pARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: ¢lerk~ci.roanoke.va. us
October 31,2003
File #67-110
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
The Reverend David Walton
1101 Jamison Avenue, S. E.
Roanoke, Virginia 24013
Dear Rev. Walton:
Your resignation as a member of the Parks and Recreation Advisory Board, was before
the Council of the City of Roanoke at a regular meeting which was held on Monday,
October 6, 2003.
On motion, duly seconded and adopted, the resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Parks and Recreation
Advisory Board from April 1,2002 to October 6, 2003. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which
was issued by the Mayor on behalf of the Members of the Roanoke City Council.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc:
Steven C. Buschor, Director, Parks and Recreation
Stephanie M. Moon, Deputy City Clerk
Carl Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin
Lane, S. W., Roanoke 24015
September 4, 2003
Rev. David Walton
1101 Jamison Avenue, SE
Roanoke, VA 24013
Dear Rev. Walton:
Over the past year, the Parks and Recreation Advisory Board has made
recommendations and set priorities in order for the Department to meet long-term goals
and make continued improvements for the benefit of its community.
Without your interest in the community and passion towards improving the quality of life
for Roanoke's citizens, we would have been unable to make such progress.
We truly regret that you will no longer serve as a Board member. You will be missed by
the entire Board and we wish you much continued success.
Sincerely,
~hor
Director '
KJ
I~aw F. Parker, City Clerk
Cad Kopitzke, Vice-Chair of Parks and Recreation Advisory Board
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk~ci.roanoke.va.us
October 31,2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #67-110
Mr. Onzlee Ware
P. O. Box 1745
Roanoke, Virginia 24008
Dear Mr. Ware:
Your resignation as a member of the Parks and Recreation Advisory Board was before
the Council of the City of Roanoke at a regular meeting which was held on Monday,
October 6, 2003.
On motion, duly seconded and adopted, the resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Parks and Recreation
Advisory Board from April 1,2002 to October 6, 2003 Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which
was issued by the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc:
Steven C. Buschor, Director, Parks and Recreation
Stephanie M. Moon, Deputy City Clerk
Carl Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin
Lane, S. W., Roanoke 24015
R 0 A N O i( E
~"h ($~ ~' qE ~RE.~,Ti~'w:'~':
210 Peser"e Avenue? Root-eke, \/irginta 249s,5 640/8,53-2236 FAX 540/85,3-1287
September 4, 2003
Mr. Onzlee Ware
P. O. Box 1745
Roanoke, VA 24008
Dear Onzlee:
Over the past year, the Parks and Recreation Advisory Board has made
recommendations and set priorities in order for the Department to meet long-term goals
and make continued improvements for the benefit of its community.
Without your leadership, interest in the community and passion towards improving the
quality of life for Roanoke's citizens, we would have been unable to make such
progress.
We truly regret that you will no longer serve as a Board member. You will be missed by
the entire Board and we wish you much continued success.
Sincerely,
~uschor
Director
KJ
caa~d~KFo. Parker, City Clerk
pitzke, Vice-Chair of Parks and Recreation Advisory Board
CITy.. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 8, 2003
File #110-202
Kenneth S. Cronin, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Mr. Cronin:
This is to advise you that Edward C. Bradley has qualified as a member of the Personnel
and Employment Practices Commission, for a term ending June 30, 2006.
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Edward C. Bradley, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Personnel and Employment Practices Commission
for a term ending June 30, 2006, according to the best of my ability (So help me God).
Subscribed and sworn to before me this l r~%day of~ 200/~3.
ARTHUR B. CRUSH, III, CLERK
BY
DEPUTYCLERK
N:\CKEWl~agenda 03',sept 2 03,wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: ($40) 853-1145
E-mail: clerk~ci.roanoke.va.us
October 8, 2003
File #110-467
STEPHANIE M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Dr. Robert H. Sandel, Secretary,
Virginia Western Community College
Board of Directors
P. O. Box 14007
Roanoke, Virginia 24038-4007
Dear Dr. Sandel:
This is to advise you that Michael F. Urbanski and Joseph B. Wright have qualified as
members of the Virginia Western Community College, Board of Directors, for a term ending
June 30, 2007.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Michael F. Urbanski, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Virginia Western Community College, Board of
Directors, for a term ending June 30, 2007, according to the best of my ability (So help me
God).
Subscribed and sworn to before me this ~ day of 3~,?~ 2003.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
N:\CKMHl~Agenda.03~June 161 2003 Oaths.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Joseph B. Wright, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Virginia Western Community College, Board of Directors, for a term
ending June 30, 2007, according to the best of my ability (So help me God).
Subscribed and sworn to before me this Io~hL~day of,~"
2003.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
N:~CKEWl~agenda 03~sept 2 03.wpd
cir[ OF R ANOKE
Off, ce of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 8, 2003
File #15-110-304
Marion Vaughn-Howard, Secretary
Youth Services Citizen Board
Roanoke, Virginia
Dear Ms. Vaughn-Howard:
This is to advise you that Cheryl D. Evans has qualified as a member of the Youth Services
Citizen Board, for a term ending March 31,2006.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Cheryl D. Evans, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Youth Services Citizen Board, for a term ending March 31, 2006,
according to the best of my ability (So help me God).
Subscribed and sworn to before me this / ~ day of ~ ~,,~ 2003.
ARTHUR B. CRUSH,
III,..~CLERK
, DEPUTY CLERK
N:\CKMHl~Agenda.O3\May 19, 2003 Oath.wpd
MARY F. PARKER, CMC
City Cl~rk
· CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk~ci.roanok¢.va.us
October 8, 2003
File #53-467-472
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
George J. A. Clemo, Attorney
Woods, Rogers and Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Clemo:
t am enclosing copy of Resolution No. 36502-100603 authorizing issuance of not to exceed
$5,000,000 General Obligation School Bonds, Series 2003-A, of the City of Roanoke
Virginia, to be sold to the Virginia Public School Authority and providing for the form and
details thereof.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc:
Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Cindy H. Lee, Clerk, Roanoke City School Board
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36502-100603.
A Resolution authorizing the issuance of not to exceed $5,000,000 General Obligation
School Bonds, Series 2003-A, of the City Of Roanoke Virginia, to be sold to the Virginia Public
School Authority and providing for the form and details thereof.
WHEREAS, on April 24, 2002, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City of
Roanoke, Virginia (the "School Board"), for a loan of $5,000,000 (the "Literary Fund Loan") from
the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary
Fund"), for the construction, renovation and/or expansion of school buildings (the "Project") in the
City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board (the
"Commitment") within one (1) year of placement of the Application on the First Priority Waiting
List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the
amount of the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of the
Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of
the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the
obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%)
per annum and mature in annual installments for a period of twenty (20) years;
WHEREAS, in connection with the 2003 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to pumhase general obligation
school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum
cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference,
determined on the date on which the VPSA sells its bonds, between the weighted average interest
rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the
interest rote that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs
of issuing such bonds of the City (the "Issuance Expense Allowance");
{RKE# 0826755.DOC-1, 077826-00045-01 }
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the
"City"), has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and
to issue its general obligation school bonds for the purpose of financing certain capital projects for
school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 6, 2003, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board has, by resolution, requested the City Council to authorize
the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes described in Exhibit B. The Council hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to
the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor
and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as
either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated
as of October 1, 2003, with the VPSA providing for the sale of the Bonds to the VPSA in
substantially the form submitted to the Council at this meeting, which form is hereby approved (the
"Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 2003-A; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 beginning July 15, 2004 (each an "Interest Payment
Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on
July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I
to Exhibit A attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of
this Resolution.
4. Interest Rates and Principal Installments. The City Manager is hereby authorized and
directed to accept the interest rates on the Bonds established by the VPSA, provided that each
/RKE# 0826755.DOC-1. 077826-00045-01 } 2
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by
the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and
provided further, that the tree interest cost of the Bonds does not exceed five and sixty one-
hundredths percent (5.60 %) per annum. The Interest Payment Dates and the Principal Installments
are subject to change at the request of the VPSA. The City Manager is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed
the amount authorized by this Resolution. The execution and delivery of the Bonds as described in
Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and
Interest Payment Dates and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. PaymenB Paying Agent and Bond Registrar. The following provisions shall apply to
the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available funds
to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment
Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or
Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be
subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City,
not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the
registered owner of the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor and the City Clerk or any Deputy
City Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the
seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
{RKE# 0826755.DOC-1, 077826-00045-01 } 3
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be
outstanding there shall be levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the City subject to local taxation sufficient in amount to provide for the
payment of the principal of and premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the City to the extent other funds
of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor,, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth
the expected use and investment of the proceeds of the Bonds and containing such covenants as
may be necessary in order to show compliance with the provisions of the internal Revenue Code of
1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross
income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council
covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be
invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds
Certificate and that the City shall comply with the other covenants and representations contained
therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds
and on the VPSA Bonds will remain excludable from gross income for Federal income tax
purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds,
the VPSA, the investment manager and the depository, substantially in the form submitted to the
Council at this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or
officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale
Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing
Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the City.
{RKE# 0826755.DOC-1, 077826-00045-01 } 4
14. Further Actions. The members of the Council and all officers, employees and agents
of the City are hereby authorized to take such action as they or any one of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing
constitutes a tree and correct extract from the minutes of a meeting of the City Council held on
October 6, 2003, and of the whole thereof so far as applicable to the matters referred to in such
extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present, and (b) that the
attendance of the members and voting on the foregoing resolution was as follows:
Present Absent Aye Nay Abstain
Ralph K. Smith, Mayor X X
C. Nelson Harris, Vice Mayor X x
William D. Bestpitch X x
M. Rupert Cutler X x
Alfred T. Dowe, Jr. x x
Beverly T. Fitzpatrick, Jr. x
Linda F. Wyatt x X
WITNESS MY HAND and the seal of the City of Roanoke,
October, 2003
Virginia, this ~day of
Clerk, City of Roanoke, Virginia
[SEAL]
{RKE#0826755.DOC-I,077826-00045-01} 5
[Subsidy]
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2003 [- A]
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2004 and
annually on July 15 thereafter to and including July 15, 2023 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 2004 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in
lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
SunTrust Bank as bond registrar (the "Bond Registrar"), shall make all payments of principal,
H:me~u~XVPS^ I o6o3.~oc A- 1
premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the
Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond
to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the
Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that them shall be levied and collected an annual tax upon all taxable property in
the City subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without limitation as
to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
Tiffs Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991,
H:hMeasures\VPSA 10603,DOC m-2
Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the
City Council and the School Board of the City to provide funds for capital projects for school
purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
two or more temporary bonds or definitive bonds in fully registered form in denominations of
$5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount
having maturities and bearing interest at rates corresponding to the maturities of and the interest
rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name
of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and
the transfer of this Bond may be effected by the registered owner of this Bond only upon due
execution of an assignment by such registered owner. Upon receipt of such assignment and the
surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as
hereinabove provided, such definitive Bonds to be registered on such registration books in the name
of the assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance oft/tis Bond have hap-
pened, exist and have been performed in due time, form and manner as so required, and this Bond,
together with all other indebtedness of the City, is within every debt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia.
H:~vleasures\VPSA I0603.DOC A-3
IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused
this Bond to be issued in the name of the City of Roanoke Virginia, to be signed by its Mayor or
Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated ., 2003.
CITY OF ROANOKE,
VIRGINIA
(SEAL)
ATTEST:
City Clerk, City of
Roanoke, Virginia
Mayor, City
of Roanoke, Virginia
H:~Vleasures\VPSA 10603.DOC A-4
/'5
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
DENT1FYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attomey to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
HAMeasumsWPSA 10603.DOC A-5
VP~
principal Rat~ Intere,~t
1~2~5 0.00~ ~,377.35
7]!~2~8 2~,913.00 3.1~% ~,371.69
7/1~ 2~,375.00 4.t~% 82,715.~
711~0T4 ~,~7.00 4.~% 57,5~.87
111~0~5 0~0% 52,~5.69
7~016 2~,~9.~ 4.550% 47.209.~
711~19 239,~0,~ 4.8~ 30,6~.24
711~2~ 241,247.~ 4~975% 24~76.82
T~
VPSA
To~t Fisca! Total Savings
$ 4,78,L759.00 .... $ 2.258,291.72r'' '~
$388,674.8g 0.00 (341.56)
96~377.35 485,052.24 (1.377.34)
341,193.35 0.00 3,806.66
93,806.78 435,000,12 {3,806,77)
334,~.~'0.T8 0.0(3 5.069~23
90,069~36 425,000.13 (5,069,35)
328,628~36 0.00 6,37t .65
86,371,69 415,000.05 (6,371,69)
322,284.69 0.00 7,715.31
82,715.04 404,999,73 (7,715.~4)
317~090.04 0.0,8 7,909.96
77,910.35 395,000.39 (7,910.35)
311,886.35 0.00 I~113.E.5
73,113.84 385,000.19 (6.113.84)
306,673.84 D.O0 8,326.16
68,325.86 374.999.70 (8~325.66)
302,049.86 0.00 7,950.14
62,950,21 365,000.07 (7,950.21)
297~443:2'1 0.00 7,556.79
87,556.87 355,000.08 (7,556.87)
292,553.87 0.00 7,446.13
52,445.69 344,999~56 (7,445.69)
287,790~69 0.00 7,209.32
47.209.26
283,15a.26 O.oo 6~841.74
41j~1.1.42 324,999.68 {6,841.42)
278,664.42 8.00 6,335.58
36,335.29 314,999.71 (6,335.29)
274,316.28 0.00 5,683.71
30,683.24 304,999.52 (5,683.24)
270,123.2.4 0.00 4,876:77
24,676.82 295.000.05 (4,876.a2)
268,123.82 0~00 3,876.19
18,875.80 284,~99.6! (3,875.80)
282.269.80 0.00 2,730.21
12,730,10 274,999.89 (2.730.10)
258,538.10 0.00 1,461.91
6,461.99 265,000.89 (1,461.99)
254,999.99 0.~0 0.01
0.00 2,54,999.99 0,00
0.00
' {~1,711.37~
H:~Measures\VPSA 10603.DOC A-6
EXHIBIT B
The proceeds of the Bond will be used to finance the replacement of the existing school building at
Roanoke Academy for Mathematics and Science (RAMS). Any Bond proceeds remaining upon
completion of the replacement of RAMS will be spent on other capital projects for school purposes.
H:~Measures\VPSA 10603.DOC
G£ORGE J. A. CLEMO
540 983-7728
l~rmR~ET: clemo@ woodsrogers.com
WOODS, ROGERS
& HAZLEGROVE
Attorneys at Law
October 2, 2003
VIA HAND DELIVERY
Elizabeth K. Dillon
Assistant City Attorney
464 Municipal Building
215 Chumh Avenue, SW
Roanoke, VA 24011-1595
InRe: VPSA lnterest Rate Subsidy Bond Financing for:
Roanoke Academy for Mathematics and Science
Dear Elizabeth:
I have sent you earlier today via e-mail the Bond Resolution and related documentation
necessary for approval of issuance of an interest rate subsidy school bond to finance part of the cost of
replacement of the existing school building at Roanoke Academy for Mathematics and Science
(RAMS). The Bond Resolution should be considered for adoption by City Council at its October 6
meeting following completion of the public hearing on the issuance of the bonds.
This financing for RAMS was previously approved by Council as a Literary Fund loan
(approved on July 1, 2001 pursuant to Resolutions No. 35439-070201 and No. 35440-070201). That
Literary Fund loan application was approved by the Department of Education and placed on the Literary
Fund waiting list. Council subsequently approved the filing of an application to the Virginia Public
School Authority (VPSA) for interest rate subsidy bond financing to replace the Literary Fund loan on
September 15, 2003, pursuant to Resolution No. 36486-091503. The VPSA interest rate subsidy bond
program allows the financing for RAMS to be funded sooner than the Literary Fund loan, but with the
same maturity and debt service requirements.
The Bond Resolution provides for final approval by Council of the interest rate subsidy bond
and related documents. A public hearing on the bond issuances will be held before Council at the
October 6 meeting before consideration of the Bond Resolution.
The documentation necessary for the October 6 Council meeting includes:
1. The Bond Resolution.
RKE# 0829743.WPD-1, 077826-00045-01
P.O. Box 14125 / Roanoke, Virginia 24038-4125
10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011
540 983-7600 / Fax 540 983-77I 1 / mail @ woodsrogers.corn
Offices also in Danville, Charlottesville, Richmond and Blacksburg, Virginia.
October 2, 2003
Page 2
The Bond Sale Agreement and Appendices.
Draft Proceeds Agreement.
As you know, the Bond Sale Agreement and Appendices constitute the agreement by the VPSA
to purchase the City' s local bond and include the various terms, conditions and requirements applicable
to YPSA's obligation to purchase the bond. The Proceeds Agreement is also required by VPSA and
provides for the proceeds of the bond to be held in an account under the State Non-Arbitrage Program
(SNAP) until needed to pay costs of the project. This is to insure that the proceeds of the bond are
properly invested in compliance with applicable state law on permissible investments and with
applicable federal tax law restrictions on earning arbitrage. Avoiding any violation of the federal
restrictions on arbitrage is critical to maintaining the tax exemption of the bond.
As always, I appreciate very much all of your assistance. Please do not hesitate to call if there
are any questions. Best regards.
Encl.
1 Sincerely,_
Richard Kelley (via telefax)
RKE# 0829743.WPD-1, 077826-00045-01
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Roanoke.com
.................................................. + ...........................
GEORGE J.A. CLEMO, ATTY.
10 S. JEFFERSON STREET
WOODS, ROGERS & NAZL
ROANOKE VA 24011
REFERENCE: 80074127
02214762 Oct. 6 Nearing
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~i~nia. Sworn and subscribed before me this
~ day of October 2003. Witness my hand and
official seal.
~~~' ~. Notary Public
My commlssio~ ~~ ~. ~.0_~_~..
PUBLISHED ON: 09/18 09/25
TOTAL COST: 0.00
FILED ON: 10/03/03
Authorized
NOTICE OF PUBLIC HEARING ON
PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council")
will hold a public heating, which may be continued or adjourned, as required under applicable
law, at 2:00 P.M. on October 6, 2003, at the Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, in connection with the intention of the Council to consider approving the
issuance by the City of its general obligation bond or bonds in an amount estimated not to
exceed $5,000,000 for the purpose of financing the replacement of the existing school building at
Roanoke Academy for Mathematics and Science in the City of Roanoke (the foregoing bonds,
the "Bonds"). Any citizen interested in the issuance of the Bonds may appear and be heard. If
you are a person with a disability who needs accommodations for this heating, please contact the
City Clerk's Office (853-2541), before 12:00 noon on Thursday, October 2, 2003.
Cdven under my hand this 16 th day of September, 2003.
Mary F. Parker, City Clerk
Roanoke, Virginia
RKE# 0826042.WPD-1, 077826-00033-01
Notice to Publisher:
Publish in The Roanoke Tribune once on Thursday, September 25, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE: October 2, 2003
TO:
Mary F. Parker, City Clerk
FROM:
Elizabeth K. Dillon, Assistant City Attorney ,¢~/.~
SUBJECT: Bond Resolution - Roanoke Academy of Mathematics and Science
Mary,
Attached for City Council's consideration at its October 6, 2003 meeting,
following the public hearing, please find a letter from George Clemo, Bond Counsel for
the School Board, transmitting the Bond Resolution and documents. The documents
consist of:
1. Bond Resolution (includes Exhibit A (the form of Bond) and Schedule 1 to
Exhibit A (the debt service schedule for the Bond) and Exhibit B (Proceeds of Bond)).
2. Bond Sale Agreement (the Bond Resolution provides for approval of this
document "in substantially the form submitted to the Council at this meeting"), together
with 5 Appendices to the Bond Sale Agreement, consisting of:
Appendix A-Standard Terms and Conditions.
Appendix B-Bond Resolution; the same thing listed in 1 above,
just labeled Appendix B.
Appendix C-Use of Proceeds Certificate
Appendix D-Tax Questionnaire
Appendix E-Continuing Disclosure Agreement
3. Draft of Proceeds Agreement (the Bond Resolution provides for approval of
this document "substantially in the form submitted to the Council at this meeting").
Thank you for your assistance.
GEORGE J. A. CLEM()
540 983-7728
INTERNET: clemo @ woodsrogers.com
WOODS, ROGERS
& HAZLEGROVE [
Attorneys at Law
October 2, 2003
VIA HAND DELIVERY
Elizabeth K. Dillon
Assistant City Attorney
464 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011-1595
InRe: VPSA lnterest Rate Subsidy Bond Financing for:
Roanoke Academy for Mathematics and Science
Dear Elizabeth:
I have sent you earlier today via e-mail the Bond Resolution and related documentation
necessary for approval of issuance of an interest rate subsidy school bond to finance part of the cost of
replacement of the existing school building at Roanoke Academy for Mathematics and Science
(RAMS). The Bond Resolution should be considered for adoption by City Council at its October 6
meeting following completion of the public hearing on the issuance of the bonds.
This financing for RAMS was previously approved by Council as a Literary Fund loan
(approved on July 1, 2001 pursuant to Resolutions No. 35439-070201 and No. 35440-070201). That
Literary Fund loan application was approved by the Department of Education and placed on the Literary
Fund waiting list. Council subsequently approved the filing of an application to the Virginia Public
School Authority (VPSA) for interest rate subsidy bond financing to replace the Literary Fund loan on
September 15, 2003, pursuant to Resolution No. 36486-091503. The VPSA interest rate subsidy bond
program allows the financing for RAMS to be funded sooner than the Literary Fund loan, but with the
same maturity and debt service requirements.
The Bond Resolution provides for final approval by Council of the interest rate subsidy bond
and related documents. A public hearing on the bond issuances will be held before Council at the
October 6 meeting before consideration of the Bond Resolution.
The documentation necessary for the October 6 Council meeting includes:
1. The Bond Resolution.
RKE# 0829743.WPD-1,077826-00045-01
P.O. Box 14125 / Roanoke, Virginia 24038-4125
10 South Jefferson Street, Suite 1400/Roanoke, Virginia 24011
540 983-7600 / Fax 540 983-7711 / mail@woodsrogers.com
Offices also in Danville, Charlottesville, Richmond and Blacksburg, Virginia.
October 2, 2003
Page 2
The Bond Sale Agreement and Appendices.
Draft Proceeds Agreement.
As you know, the Bond Sale Agreement and Appendices constitute the agreement by the VPSA
to purchase the City's local bond an,4 ;~--~- ,~-- ' ·
~ u ln,4uu~ m~ various terms, conditions and requirements applicable
to VPSA's obligation to purchase the bond. The Proceeds Agreement is also required by VPSA and
provides for the proceeds of the bond to be held in an account under the State Non-Arbitrage Program
(SNAP) until needed to pay costs of the project. This is to insure that the proceeds of the bond are
properly invested in compliance with applicable state law on permissible investments and with
applicable federal tax law restrictions on earning arbitrage. Avoiding any violation of the federal
restrictions on arbitrage is critical to maintaining the tax exemption of the bond.
As always, I appreciate very much all of your assistance. Please do not hesitate to call if there
are any questions. Best regards.
Encl.
Sincerel?/r)
Richard Kelley (via telefax)
RKE# 0829743,WPD-1,077826-00045-01
[Subsidy]
Resolution No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$5,000,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 2003-A,
OF THE CITY OF ROANOKE VIRGINIA,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on April 24, 2002, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City of
Roanoke, Virginia (the "School Board"), for a loan of $5,000,000 (the "Literary Fund Loan") from
the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary
Fund"), for the construction, renovation and/or expansion of school buildings (the "Project") in the
City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board (the
"Commitment") within one (1) year of placement of the Application on the First Priority Waiting
List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the
amount of the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of the
Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of
the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the
obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%)
per annum and mature in annual installments for a period of twenty (20) years;
WHEREAS, in connection with the 2003 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum
cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference,
{RKE# 0826755.DOC- 1, 077826-0~45 01 }
determined on the date on which the VPSA sells its bonds, between the weighted average interest
rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the
interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs
of issuing such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the
"City"), has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and
to issue its general obligation school bonds for the purpose of financing certain capital projects for
school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 6, 2003, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board has, by resolution, requested the City Council to authorize
the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes described in Exhibit B. The Council hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to pumhase from the City, and to sell to
the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor
and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as
either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated
as of October 1, 2003, with the VPSA providing for the sale of the Bonds to the VPSA in
substantially the form submitted to the Council at this meeting, which form is hereby approved (the
"Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 2003-A; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 beginning July 15, 2004 (each an "Interest Payment
Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on
July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I
{RKE# 0826755.DOC- 1, 077826-00~45 01 } 2
to Exhibit A attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of
this Resolution.
4. Interest Rates and Principal Installments. The City Manager is hereby authorized and
directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by
the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and
provided further, that the tree interest cost of the Bonds does not exceed five and sixty one-
hundredths percent (5.60 %) per annum. The Interest Payment Dates and the Principal Installments
are subject to change at the request of the VPSA. The City Manager is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed
the amount authorized by this Resolution. The execution and delivery of the Bonds as described in
Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and
Interest Payment Dates and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to
the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available funds
to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment
Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or
Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be
subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City,
not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the
registered owner of the Bonds.
{ RKE# 0826755.DOC- I, 077826-0(/045-01 } 3
8. Execution of the Bonds. The Mayor or Vice Mayor and the City Clerk or any Deputy
City Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the
seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be
outstanding there shall be levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the City subject to local taxation sufficient in amount to provide for the
payment of the principal of and premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the City to the extent other funds
of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor,, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth
the expected use and investment of the proceeds of the Bonds and containing such covenants as
may be necessary in order to show compliance with the provisions of the Internal Revenue Code of
1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross
income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council
covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be
invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds
Certificate and that the City shall comply with the other covenants and representations contained
therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds
and on the VPSA Bonds will remain excludable from gross income for Federal income tax
purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds,
the VPSA, the investment manager and the depository, substantially in the form submitted to the
Council at this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or
officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale
{RKE# 0826755.DOC-I, 077826 00045-01 } 4
Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing
Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the City.
14. Further Actions. The members of the Council and all officers, employees and agents
of the City are hereby authorized to take such action as they or any one of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect irnmediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a tree and correct extract from the minutes of a meeting of the City Council
held on October 6, 2003, and of the whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and
that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the
attendance of the members and voting on the foregoing resolution was as follows:
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Linda F. Wyatt
Present Absent Aye Nay Abstain
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 2003
day of
[SEAL]
Clerk, City of Roanoke, Virginia
{RKE# 0826755.DOC- 1, 077826-00045-01 } 5
[Subsidy]
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS- 1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2003 [- A]
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ 3. in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2004 and
annually on July 15 thereafter to and including July 15, 2023 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 2004 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in
lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
SunTrust Bank as bond registrar (the "Bond Registrar"), shall make all payments of principal,
H:~Vleasures\VPSA 10603.DOC A- 1
premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the
Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond
to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the
Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property in
the City subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without limitation as
to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991,
H:~vleasures\VPSA 10603.DOC m-2
Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the
City Council and the School Board of the City to provide funds for capital projects for school
purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or mom occasions for
two or mom temporary bonds or definitive bonds in fully registered form in denominations of
$5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount
having maturities and bearing interest at rates corresponding to the maturities of and the interest
rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name
of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and
the transfer of this Bond may be effected by the registered owner of this Bond only upon due
execution of an assignment by such registered owner. Upon receipt of such assignment and the
surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as
hereinabove provided, such definitive Bonds to be registered on such registration books in the name
of the assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap-
pened, exist and have been performed in due time, form and manner as so required, and this Bond,
together with all other indebtedness of the City, is within every debt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia.
H:~leasures\V PSA 10603.DOC A-3
IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused
this Bond to be issued in the name of the City of Roanoke Virginia, to be signed by its Mayor or
Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated ,2003.
CITY OF ROANOKE,
VIRGINIA
(SEAL)
ATTEST:
City Clerk, City of
Roanoke, Virginia
Mayor, City
of Roanoke, Virginia
H:~Measuies\VPSA 10fi03.DOC A-4
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PR1NT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attomey to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the promises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
H:~vleasures\VPSA 10603.DOC A-5
Pzlnclpml R3te interest
VPSA
~=calTot~ Sav~=
7/15/2004 251,697~00 2.100% 136,977J~9 $388,67¢~S9 0.00
1/15/2005 0,000% 96,$7L35 g6.3?L35 485,0§2.24 (1,377.34)
7/15/2005 244,816~00 2,100% 96,377.35 341.193~35 0.00 3,80666
1/t5/2006 0.000% 93.8136:78 93,80&78 435,000.12 (3,806.77)
7115/2006 241,124,00 3.100% 93,8~6.78 334,930_78 0.00 5,069~23
1J1~)07 0.000% 90,069.36 90,069.36 425,000.13 (5,069.35)
7115/2007 238,559.00 3.100% 90,069.36 328,628,36 0.00 6,371.65
1/15/2008 O~ 8~,371,69 86,371.69 415,000.05 (6,371.69)
7;15/2008 235.913,00 3.100% 86,371.69 322,284.69 0.00 7,715.31
1/15/2009 0.000% 82,715.04 82,715.04 404,999,73 (7,715.D4)
7115/'Z009 234,375.00 4.100% 82,715.04 317~090_04 0.00 7.909.96
1/15/2010 0.000~ 77.~(}~35 77,910.35 395,000,39 (7,910.35)
7115/2010 233,g76.00 4,100~ 77,~10,35 311,886.35 0.00 8+113.65
1/15F2011 0.000% 73,113.84 73,113,84 385,000.19 (8, t 13.84J
7/15r2011 233,560.00 4.100% 73,113~84 306,673.84 0.00 8,326.16
1115z2012 0.000% 68,325.86 68,325.86 374,999.70 (8,325,863
7/15,.'2012 233,724.00 4.600% 68.325.86 302.049.86 0,00 7,950.14
1/15/2013 0.000% 62,950.21 62,g50.21 365,~00.07 (7,950.21)
71t5/2013 ~,493~)0 4.600% 62,950.21 297,443~21 0.00 7,556.79
1/15/2014 0.000% 57.5~6.87 57,556,87 355,000.08 (7,556.87)
7/15/2014 234,997.00 4.350% 57,556.87 292,553~87 0.00 7,446.13
1115/2015 o~{x)0% 52/t45.69 82,445;69 344,999.56 (7,445.69)
7/15/2015 235.345.00 4.450~ 82,445.69 287.790.69 0.00 7,209.32
1/15/2016 0.000% 47,209.:26 47.209.26 :~34.~.~5
7/15/20~ 6 235,~9.00 4,550% 47.209.26 283,158.26 0.~;) 6,8~t1.74
1/15/2017 o.uoo% 41.841A2 41,~41.42 324,999~68 (6,841.42)
7/15/2017 236.823,0~ 4,850% 41,841.42 278.664A2 0.00 6,335.58
1/15/2018 0.000% 36,335~9 36,335.29 314,999.71 (6.335.29)
7115/2018 237,981,00 4.750% 36,3352g 274,316.29 0.00 5,~3.71
1/15/2019 0~000% 30,6~3.24 3~.683.24 304,999.52 (5,683.24)
7/15/2019 239,440.00 4.850% 30,683.24 270.123.24 0.00 4,876.77
1/15/2020 0~000% 24.876.82 24,876.82 295,000.05 (4~876.82)
7/15/2020 241.247.00 4.975% 24,~7&82 266,123.82 0.00 3,676.19
1/15/2021 0.000% 18,875~80 18.875.80 284~g99.61 (3,875.80)
7/15/2021 243,394.00 5.050% 18,875.80 262,269.80 0.00 2,730.2t
1/15/2022 0.000% 12,730.10 12,730.10 274,999.89
7/15/2022 245.808,00 5.100% t2,730.10 258,538,10 0~00 1,46!.91
1/15/2G23 0~00% 6,461.99 6,461,99 265,000.09 (t ,461.99)
7/15/2023 248,53&00 5.200% 6.461,99 254,999.99 OJ)O 0.01
1/15F2024 0~000% 0,00 0.00 254,99g.99
Totals $ 4~781,759.00 $ 2,258,291.72 : $7,~t0,050.72
H:\Measures\VPSA 10603.DOC A-6
EXHIBIT B
The proceeds of the Bond will be used to finance the replacement of the existing school building at
Roanoke Academy for Mathematics and Science (RAMS). Any Bond proceeds remaining upon
completion of the replacement of RAMS will be spent on other capital projects for school purposes.
H:~vleasures\VPSA 10603.DOC
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October i, 2003
Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia
Sale Date: Not earlier than October 6, 2003, nor later than October 23, 2003
Closing Date: On or about November 6, 2003
Proceeds Requested: $5,000,000.00
Maximum Authorized Par Amount: $5,000,000
Amortization Period: Up to twenty (20) years
1. The Virginia Public School Authority CVPSA") hereby offers to purchase your general
obligation school bonds at a price, determined by the VPSA to be fair and accepted by you,
that, subject to VPSA's purchase price objective and market conditions described below, is
substantially equal to Proceeds Requested set forth above (as authorized by your bond
resolution) from the proceeds of the VPSA's bonds. The sale of VPSA's bonds is tentatively
scheduled for October 16, 2003 but may occur at any time during the period described above as
the Sale Date. You acknowledge that VPSA has advised you that its objective is to pay you a
purchase price for your bonds which in VPSA's judgment reflects their market value
("purchase price objective") taking into consideration such factors as the amortization
schedule you have requested for your bonds relative to the amortization schedules requested by
the other localities for their respective bonds, the purchase price received by VPSA for its
bonds and other market conditions relating to the sale of the VPSA's bonds. You further
acknowledge that VPSA has advised you that such factors may result in your bonds having a
value other than par and that in order to receive an amount of proceeds that is substantially
equal to the Proceeds Requested you may need to issue a par amount of bonds that is greater
than or lower than the Proceeds Requested. You at the request of VPSA, will issue an amount
of the local school bonds not in excess of the Maximum Authorized Par Amount to provide, to
the fullest extent practicable given VPSA's purchase price objective and market conditions, a
purchase price for your bonds and a proceeds amount that is substantially equal to the Proceeds
Requested. You acknowledge that the purchase price for your bonds will be less than the
Proceeds Requested should the Maximum Authorized Par Amount be insufficient, based upon
VPSA's purchase price objective and market conditions, to generate an amount of proceeds
substantially equal to the Proceeds Requested.
You represent that on or before October 6, 2003, your local governing body will have duly
authorized the issuance of your bonds by adopting a resolution in the form attached hereto as
Appendix B (the "local resolution") and that your bonds will be in the forn~ set forth in the
local resolution. Any changes that you or your counsel wish to make to the form of the local
resolution and/or your bonds must be approved by the VPSA prior to adoption of the local
resolution by your local governing body.
You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix E, which
agreement is hereby incorporated by reference herein and expressly made a part hereof for all
purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of the
Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local
school bonds pledged under VPSA's 1997 Resolution compromises more than 10% of the total
principal amount of all outstanding 1997 Resolution bonds. MOP status will be determined by
adding the principal amount of your local school bonds to be sold to the VPSA and the
principal amount of your local bonds previously sold to the VPSA and currently pledged under
VPSA's 1997 Resolution and measuring the total against 10% of the face value of all bonds
outstanding as of the Closing Date under VPSA's 1997 Resolution. If you are or may be a
MOP, the VPSA will require that you file all the information described in the following
paragraph prior to VPSA's distributing its Preliminary Official Statement, currently scheduled
for October 3, 2003.
You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP following
the issuance of your local school bonds that are the subject of this Bond Sale Agreement, the
VPSA will include by specific reference in its Preliminary Official Statements and final
Official Statements (for this sale and, if you remain a MOP or become a MOP again after
ceasing to be a MOP, for applicable futura sales) the information respecting you ("Your
Information") that is on file with the Nationally Recognized Municipal Securities Information
Repositories or their respective successors ("NRMSIRs") and the Municipal Securities
Rulemaking Board or its successors ("MSRB"). Accordingly, if it appears that you will be a
MOP (I) following the delivery of your local school bonds to the VPSA in connection with this
sale, or (ID during the course of any future sale, whether or not you are a participant in such
sale, you hereby represent and covenant to the VPSA that you will file such additional
information, if any, as is requked so that Your Information, as of each of (I) the date of the
VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be
October 3, 2003), (ID the date of the VPSA's applicable final Official Statement (in the case of
this sale, expected to be October 16, 2003) and (l~ the date of delivery of the applicable
VPSA bonds (in the case of this sale, expected to be November 6, 2003), will be true and
correct and will not contain any untrue statement of a material fact or omit to state a material
fact which should be included in Your Information for the purpose for which it is included by
specific reference in VPSA's official statement or which is necessary to make the statements
contained in such information, in light of the circumstances under which they were made, not
misleading. You further agree to furnish to the VPSA a copy of all filings you make with
NRMSIRs and the MSRB subsequent to the date of this Agreement. Such copy will be
furnished to the VPSA on or before the day that any such filing is made.
The VPSA will advise you within 60 days of the end of each fiscal year if you were a MOP as
of the end of such fiscal year. Upon written request, the VPSA will also advise you of your
status as a MOP as of any other date. You hereby covenant that you will provide the certificate
described in clause (e) of Section 4 below if VPSA includes Your Information by specific
reference in its disclosure documents in connection with this sale or any future sale, whether or
2
not you are a participant in such sale.
VPSA's commitment to purchase your bonds is contingent upon (1) VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms
and Conditions contained in Appendix A hereto, (b) a certified copy of the local resolution
(see Appendix B attached hereto),, (c) an executed agreement, among VPSA, you and the
other local units simultaneously selling their bonds to VPSA, the depository and the investment
manager for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment
and disbursement of the proceeds of your bonds and the other general obligation school bonds,
and the payment by you and the other local units of the allocable, associated costs of
compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in
connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy
of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if the YPSA
has included by specific reference Your Information into the VPSA Preliminary and final
Official Statement, your certificate dated the date of the delivery of the VPSA's bonds to the
effect that (i) Your Information was as of the date of the VPSA's Preliminary and final Official
Statements, and is as of the date of the certificate, tree and correct and did not and does not
contain an untrue statement of a material fact or omit to state a material fact which should be
included in Your Information for the purpose for which it is included by specific reference in
VPSA's official statement or which is necessary to make the statements contained in such
information, in light of the circumstances under which they were made, not misleading, and (ii)
you have complied with your undertakings regarding the amendments adopted on November
10, 1994 to Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, (f) an
approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity
of the bonds and the exclusion from gross income for federal and Virginia income tax purposes
of the interest on your bonds, the conformity of the terms and provisions of your bonds to the
requirements of this Bond Sale Agreement including the appendices attached hereto, and the
due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure
Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure
Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing
documents not listed above, and (h) the proceeds of VPSA's bonds, (11) if you will be using the
proceeds of your bonds to retire a bond anticipation note, certificate of participation or other
form of interim financing (the "interim Security"), receipt by VPSA of (a) an opinion of your
bond counsel that, as of the Closing Date, the Interim Security will be paid in full or
defeased according to the provisions of the instrument authorizing the Interim Security (in
rendering such opinion bond counsel may rely on a letter or certificate of an accounting or
financial professional as to any mathematical computations necessary for the basis for such
opinion) and (b) an executed copy of the escrow deposit agreement/letter of instruction
providing for the retirement of the Interim Security and (m) your compliance with the terms
of this agreement. Two complete transcripts (one original) of the documents listed above shall
be provided by your counsel to the VPSA on the Closing Date or, with VPSA's permission, as
soon as practicable thereafter but in no event more than thirty (30) business days after the
Closing Date.
5. This Bond Sale Agreement shall take effect on October 1, 2003.
3
Virginia Public School Authority
By:_
Authorized VPSA Representative
City of Roanoke, Virginian:
By:.
Name: Darlene L. Burcham
Title: City Manager
(For information only; not part of the Bond Sale Agreement.)
Please have the presiding officer, or other specifically designated agent, of your governing body
execute 2 (two) copies of this Bond Sale Agreement and return them, along with the tax
questionnaire attached hereto as Appendix D, no later than close of business on October 8, 2003
to, Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box
1879, Richmond, Virginia 23218-1879 or by hand or courier service, James Monroe Building-
3rd Floor, 101 lq. 14th Street, Richmond, Virginia 23219. The VPSA ~recommends the use of an
overnight delivery service to ensure timely arrival of your documents. If your governing body or
bond counsel requires mom than one originally signed Bond Sale Agreement, please send the
appropriate number; all but one will be returned at closing.
4
APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
Described below are terms of the local school bonds which must be embodied in your bond
resolution and bond form and other conditions which must be met in order for VPSA to purchase
your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless
and until such terms are present in the related bond resolution and bond form adopted by your
governing body and such conditions are met.
Interest and Principal Payments
Your bonds will bear interest from the Closing Date~ set forth in the Bond Sale Agreement and
will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will
bear interest payable in installments due semiannually on January 15 and July 15. The first
principal and interest installment will be payable on July 15, 2004. Your bonds will bear interest
at rates 10 basis points (0.10%) above the actual rates on VPSA's bonds with corresponding
principal payment dates.
Payment
For so long as the VPSA is the registered owner of your bonds,
(i)
(ii)
the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
all payments of principal, premium, if any, and interest shall be made in funds that
If VPSA does not purchase your local school bonds on the Closing Date due to your
fault, VPSA will invest, in demand or overnight investments, the amount of its
bond proceeds to be used to purchase your local school bonds. If you cure your
failure to deliver your local school bonds within the sixty (60) day period
following the Closing Date, the VPSA will purchase your local school bonds and
your bonds will bear interest from the date of delivery and payment or other date
satisfactory to the VPSA. You will, however, be required to pay to VPSA at your
actual closing an amount equal to the positive difference, if any, between the
amount of interest that wouM have accrued on your local school bonds from the
Closing Date to your actual closing date and the lesser of the amount of interest
income VPSA was able to earn, during such period, from the investment of its
bond proceeds pending their use to purchase your bonds and the arbitrage yield
on the VPSA 's bonds.
C:\TestTMP~C.Lotus. Notes. Data\-3233947.DOC
A-1
shall be immediately available to the VPSA on or before 11:00 A.M. on the
applicable interest or principal payment date, or date fixed for prepayment or
redemption, or if such date is not a business day for banks in Virginia or for the
Commonwealth, then on or before i 1:00 A.M. on the business day preceding such
scheduled due date. Overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rates on your bonds.
Prepayment or Redemption
Note: Local School Bonds purchased by VPSA as part of the 2003 Interest Rate Subsidy
Program are not subject to redemption or prepayment. The following section applies to
non-subsidized applicants only.
Bonds will be subject to redemption at the option of your governing body, subject to the consent
of the VPSA or other registered owner. Your bond resolution shall provide for prepayment or
redemption as follows:
The bonds maturing after July 15, 2013 are subject to optional prepayment or redemption
prior to maturity by [the issuer], from any available moneys, in whole or in part, on any date
on or after July 15, 2013, at the following prepayment or redemption prices on the following
prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or
redemption:
Dates
Price
July 15, 2013 through July 14, 2014
July 15, 2014 through July 14, 2015
July 15, 2015 and thereafter
101%
100V2
100
Provided, however, that the bonds shall not be subject to prepayment or redemption
prior to their respective maturities except with the prior written consent of the
registered owner.
Notice of any such prepayment or redemption shall be given to the registered owner by
registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment
or redemption.
Security
Your bonds must constitute valid and binding general obligations for the payment of which the
full faith and credit of the local unit are irrevocably pledged, and ail taxable property within the
boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all
other taxes and without limitation as to rate or amount, for the payment of the principal of, and
premium, if any, and interest on the bonds to the extent other funds of the local unit are not
C:\Tes~TM P\C.Lotus. Notes. Data\-3233947.DOC
A-2
lawfully available and appropriated for such purpose.
Tax Matters
You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale
Agreement and send along with the Bond Sale Agreement for receipt no later than the
close of business on October 1, 2003 to Richard A. Davis, Public Finance Manager,
Virginia Public School Authority, either at P.O. Box 1879, Richmond, Virginia 23218-1879
or if delivered by hand to the James Monroe Building- 3rd Floor, 101 N. 14th Street,
Richmond, Virginia 23219. You shall execute the Use of Proceeds Certificate in the form
provided in Appendix C attached to the Bond Sale Agreement for receipt by the VPSA at least
three business days prior to the Closing Date.2
No Composite Issue
You will covenant not to sell, without VPSA's consent, any general obligation bonds which are
part of the same common plan of financing (and payable from the same source of funds) as your
local school bonds, during the period beginning 15 days in advance of and ending 15 days after
VPSA's Sale Date.
Request and Consent of County School Board3
Before the governing body of a County adopts the bond resolution, the County School Board
must first request, by resolution, the governing body to take such action. The County School
Board must also consent to the issuance of bonds by the County. (See form of resolution in
Appendix E attached hereto.)
Public Hearing and Notice
Before the final authorization of your issuance of the bonds by the governing body, the
governing body must hold a public hearing on the proposed issue unless the issuance of such
bonds has been approved at referendum. The notice of the hearing, meeting the requirements of
Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for 2
successive weeks (notices at least 7 days apart) in a newspaper published or having general
VPSA requires that the Use of Proceeds Certificate be executed separately from the tax
certificates prepared by your bond counsel. Your bond counsel may also prepare one or
more tax certificates that contain some information found in the Use of Proceeds
Certificate in addition to information such as your reasonable expectations as to meeting
the requirements to any of the rebate exceptions.
Not applicable to cities and towns. (Section 15.2-2640, Code of Virginia)
C:\TestTMPXC.Lotus. Notes. Data\-3233947.DOC
Aq3
circulation in your locality. The public hearing may not be held less than 6 nor mom than 21
days after the date the second notice appears in the newspaper.
Delivery
VPSA will accept delivery of your bonds only in the form of a single, typewritten, temporary
bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A to the
resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from VPSA,
you agree to deliver, at your expense, in exchange for the typewritten bond, on one or more
occasions, one or more temporary bonds or definitive bonds in marketable form and, in any case,
in fully registered form, in denominations of $5,000 and whole multiples thereof, and having the
same aggregate principal amount and accruing interest at the same rates as the bonds surrendered
in exchange, as requested by VPSA.
Comprehensive Annual Financial Report
Annually for the life of your bonds, you will be required to submit a copy of your locality's
Comprehensive Annual Financial Report ("CAFR") or annual audited financial statements to the
rating agencies referenced below:
Moody's Investors Service, Inc.
Public Finance Department
Attention: Caroline Cruise
99 Church Street
New York, New York 10007
Fitch Ratings
Governmental Finance
Attention: Claire G. Cohen
One State Street Plaza
New York, New York 10004
C:\TestTMP~C.Loms. Notes. Data\-3233947.DOC
A-4
APPENDIX B
[Subsidy]
Resolution No.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$5,000,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 2003-A,
OF THE CITY OF ROANOKE VIRGINIA,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on April 24, 2002, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City of
Roanoke, Virginia (the "School Board"), for a loan of $5,000,000 (the "Literary Fund Loan") from
the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary
Fund"), for the construction, renovation and/or expansion of school buildings (the "Project") in the
City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board (the
"Commitment") within one (1) year of placement of the Application on the First Priority Waiting
List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the
amount of the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of the
Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of
the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the
obligation of the School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%)
per annum and mature in annual installments for a period of twenty (20) years;
WHEREAS, in connection with the 2003 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum
H:LMeasures\VPSA 10603 Apx B.DOC
cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference,
determined on the date on which the VPSA sells its bonds, between the weighted average interest
rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the
interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs
of issuing such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the
"City"), has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and
to issue its general obligation school bonds for the purpose of financing certain capital projects for
school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on October 6, 2003, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board has, by resolution, requested the City Council to authorize
the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceedn. The Council hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes described in Exhibit B. The Council hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to
the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor
and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as
either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated
as of October 1, 2003, with the VPSA providing for the sale of the Bonds to the VPSA in
substantially the form submitted to the Council at this meeting, which form is hereby approved (the
"Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 2003-A; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 beginning July 15, 2004 (each an "Interest Payment
Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on
July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I
{RKE# 0829708.DOC 1, 077826 00045 01 }
to Exhibit A attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of
this Resolution.
4. Interest Rates and Principal Installments. The City Manager is hereby authorized and
directed to accept the interest rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one pement (0.10%) over the interest rate to be paid by
the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the
"VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and
provided further, that the tree interest cost of the Bonds does not exceed five and sixty one~
hundredths percent (5.60 %) per annum. The Interest Payment Dates and the Principal Installments
are subject to change at the request of the VPSA. The City Manager is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed
the amount authorized by this Resolution. The execution and delivery of the Bonds as described in
Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and
Interest Payment Dates and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to
the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of
principal, premium, if any, and interest on the Bonds shall be made in immediately available funds
to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment
Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or
Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be
subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City,
not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the
registered owner of the Bonds.
{RKE# 0829708.DOC-1 , 077826-0(1045-01 } 3
8. Execution of the Bonds. The Mayor or Vice Mayor and the City Clerk or any Deputy
City Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the
seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and
credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be
outstanding them shall be levied and collected in accordance with law an annual ad valorem tax
upon all taxable property in the City subject to local taxation sufficient in amount to provide for the
payment of the principal of and premium, if any, and the interest on the Bonds as such principal,
premium, if any, and interest shall become due, which tax shall be without limitation as to rate or
amount and in addition to all other taxes authorized to be levied in the City to the extent other funds
of the City are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor,, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth
the expected use and investment of the proceeds of the Bonds and containing such covenants as
may be necessary in order to show compliance with the provisions of the Internal Revenue Code of
1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross
income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council
covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be
invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds
Certificate and that the City shall comply with the other covenants and representations contained
therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds
and on the VPSA Bonds will remain excludable from gross income for Federal income tax
purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds,
the VPSA, the investment manager and the depository, substantially in the form submitted to the
Council at this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or
officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale
{RKE# 0829708.DOC-1. 077826-00045-01 }
4
Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing
Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Cimuit Court
of the City.
14. Further Actions. The members of the Council and all officers, employees and agents
of the City are hereby authorized to take such action as they or any one of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a tree and correct extract from the minutes of a meeting of the City Council
held on October 6, 2003, and of the whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and
that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the
attendance of the members and voting on the foregoing resolution was as follows:
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Linda F. Wyatt
Present Absent Aye Nay Abstain
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 2003
day of
[SEAL]
Clerk, City of Roanoke, Virginia
{RKE#0829708.DOC-I, 077826-00045-01} 5
[Subsidy]
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2003 [- A]
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2004 and
annually on July 15 thereafter to and including July 15, 2023 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 2004 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in
lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
SunTrust Bank as bond registrar (the "Bond Registrar"), shall make all payments of principal,
{ RKE# 0829708.DOC 1, 077826 00045-01 } A- 1
premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the
Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond
to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the
Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property in
the City subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without limitation as
to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991,
{RKE# 0829708.DOCq, 077826-00045-01 } A-2
Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the
City Council and the School Board of the City to provide funds for capital projects for school
purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
two or more temporary bonds or definitive bonds in fully registered form in denominations of
$5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount
having maturities and bearing interest at rates corresponding to the maturities of and the interest
rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name
of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and
the transfer of this Bond may be effected by the registered owner of this Bond only upon due
execution of an assignment by such registered owner. Upon receipt of such assignment and the
surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as
hereinabove provided, such definitive Bonds to be registered on such registration books in the name
of the assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap-
pened, exist and have been performed in due time, form and manner as so required, and this Bond,
together with all other indebtedness of the City, is within every debt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia.
{RKE# 0829708.DOC- 1, 077826-00045-01 } A-3
IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused
this Bond to be issued in the name of the City of Roanoke Virginia, to be signed by its Mayor or
Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated ., 2003.
CITY OF ROANOKE,
VIRGINIA
(SEAL)
ATTEST:
City Clerk, City of
Roanoke, Virginia
Mayor, City
of Roanoke, Virginia
{RKE#0829708.DOC 1, 077826-001M5-01} A-4
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING Z1P CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
{RKE# 0829708.DOC-1, 077826-00045-01} A-5
VPSA Loan
1/1~10 0.~
1/1~12
7/1~ 241,247.~ 4.975%
1/1 ~3 0.~%
$CiLT~[3U'[.Z I
......... VPSA
Pate intere~ To, t~l Fi, sca! Total Sav~la,
136,977.89 $388.674.8g 0.00 (3~.1.56)
96,37A35 96,377.35 485,052`24 (1,377~34)
96,377.35 341.1~3,.35 0.00 3,80666
93.606.78 93,806.78 435,000.12 (3,~06.77)
93,806.78 334,930.78 O.O0 5,069.23
90,1D69.:36 90,069.36 425,000.13
g0,1)69.36 328,628J;~ 0.00 6,371.65
IF8,371,69 86,37'!..69 415,000.05 (6,371,69)
86,371.69 322,2~4.69 0.00 7.715.31
82.715.D4 82,715.04 464.999.73 [7,715.C,4)
82,715.04 317,090.04 0.00 7,909.96
77.9,10.35 77.910.35 395,000,39 (7.910.35)
77,9,10.35 311.886.35 0.00 8,,113,65
73,113.84 73,113.84 385,000.19 (8,113,84)
73.113~84 306,673,~4 0.00 8,32§,16
68,3,2~L86 68,325.86 374,999.70
68,3,25~6 302,049.86 0.00 7,950. t4
62,950,21 62,950,21 36,5,000.07 (7,950.21)
62,950.21 297.443.21 0.00 7,55~.79
57,556.87 57,556.87 355.000.08 (7,556.87)
57~56.87 292.553~87 0.00 7,446.13
52,4.45.69 52.445.69 344,999,56 (7,445.69)
52,445.69 287.790.69 0.00 7,299.32
47.209.26 47.209~26 3..~4,999.§5
47.209.26 283,156.26 0.00 6.841.74
41.841.42 41,~41A2 324,999.68
41,841.42 278,664.42 0.00 6,335.58
36,335.29 36.335.29 314,999.71 (6,335.29)
36,335.29 274,316.29 0.00 5.683_71
30,683.24 30.683`24 304,999.52 (5,683.24)
30,683.24 270.123.24 0.00 4,876.77
24,876.82 24,878.82 295,000.05 (4.576.82)
24,876,82 266.123.82 0.00 3,876_19
18,875.80 18,875.80 264,999.61 (3,875.80)
18,675.80 262,269.80 0.00 2,730.2:t
12,730A0 12.730.10 274.999.89 (2.730.10)
12,730.10 258,53~.10 0.00 1,461.91
6,461 .gg 6,461.99 265,000,09 (1.461
6,46t99 254,999.99 0.00 0,01
0.00 0.00 254,999.99 0.00
0.00
....... ~"2,258,291.72' - $7,040,050.72
{RKE# 0529708.DOC- 1, 077826-00045~01 } A-6
EXHIBIT B
The proceeds of the Bond will be used to finance the replacement of the existing school building at
Roanoke Academy for Mathematics and Science (RAMS). Any Bond proceeds remaining upon
completion of the replacement of RAMS will be spent on other capital projects for school purposes.
{RKE# 0829708.DOC-I, 077826-00045-01 }
APPENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTIFICATE
The $ General Obligation School Bonds, Series 2003-A (the
"Bonds") issued by the City of Roanoke, Virginia (the "Issuer") will be pumhased by the
Virginia Public School Authority ("VPSA") from the proceeds of the VPSA's $
School Financing Bonds (1997 Resolution), Series 2003 C (the "VPSA's Bonds"), pursuant to a
Bond Sale Agreement dated as of October 1, 2003. The proceeds of the Bonds will be used to
acquire, construct and equip public school facilities owned and/or operated by the school board
for the Issuer (the "School Board"). The Issuer and the School Board each recognize that certain
facts, estimates and representations set forth in the Certificate as to Arbitrage executed by VPSA
in connection with the issuance of the VPSA's Bonds must be based on the representations and
certifications of the Issuer and the School Board, upon which VPSA and Sidley Austin Brown &
Wood LLP, its bond counsel ("Bond Counsel") rely, and that the exclusion from gross income
for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of
proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer and the School Board
hereby covenant that:
Section 1. Description of Project. The proceeds of the Bonds, including investment
income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping
of public school facilities of the Issuer (the "Project").
Section 2. Governmental Use of Proceeds. The Issuer and the School Board
covenant the following with respect to the use of proceeds of the Bonds and the facilities
financed therewith:
(a) In General.
(i) Private Business Use. No more than ten percent (10%) of the
proceeds of the Bonds or the Project (based on the greatest of: (A) the cost
allocated on the basis of space occupied, (B) the fair market value, or (C) the
actual cost of construction) has been or, so long as the Bonds are outstanding, will
be, used in the aggregate for any activities that constitute a "Private Use" (as such
term is defined below in subsection (d) of this Section 2).
(ii) Private Security or Payment. No more than ten percent (10%) of
the principal of or interest on the Bonds, under the terms thereof or any
underlying arrangement, has been, or, so long as the Bonds are outstanding, will
be, directly or indirectly, (A) secured by any interest in (I) property used for a
Private Use or (II) payments in respect of such property or (B) derived from
payments in respect of property used or to be used for a Private Use, whether or
not such property is a part of the Project.
(b) No Disproportionate or Unrelated Use. With respect to private business use
disproportionate to or not related to governmental use financed or refinanced with the proceeds
H:WleasuresWPSA 10603 Apx C.DOC C~ 1
of the Bonds, no more than five percent (5%) of the principal of or interest on such Bonds, under
the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are
outstanding, will be, directly or indirectly, (x) secured by any interest in (I) property used for a
Private Use or (II) payments in respect of such property or (y) derived from payments in respect
of property used or to be used for a Private Use, whether or not such property is a part of the
Project.
(c) No Private Loan Financing. No proceeds of the Bonds will be used to make
or finance loans to any person other than to a state or local governmental unit.
(d) Definition of Private Use. For purposes of this Certificate, the term "Private
Use" means any activity that constitutes a trade or business that is carried on by persons or
entities other than state or local governmental entities. Any activity carried on by a person other
than a natural person is treated as a trade or business. The leasing of property financed or
refinanced with the proceeds of the Bonds or the access of a person other than a state or local
governmental unit to property or services on a basis other than as a member of the general public
shall constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary.
Use of property financed or refinanced with proceeds of the Bonds by any person, other than a
state or local governmental unit, in its trade or business constitutes general public use only if the
property is intended to be available and is in fact reasonably available for use on the same basis
by natural persons not engaged in a trade or business ("General Public Use").
In most cases Private Use will occur only if a nongovernmental person has a special legal
entitlement to use the financed or refinanced property under an arrangement with the Issuer or
the School Board. Such a special legal entitlement would include ownership or actual or
beneficial use of the Project pursuant to a lease, management or incentive payment contract,
output contract, research agreement or similar arrangement. In the case of property that is not
available for General Public Use, Private Use may be established solely on the basis of a special
economic benefit to one or more nongovernmental persons. In determining whether special
economic benefit gives rise to Private Use, it is necessary to consider all of the facts and
cimumstances, including one or more of the following factors:
(i) whether the financed or refinanced property is functionally related
or physically proximate to property used in the trade or business of a
nongovernmental person;
(ii) whether only a small number of nongovernmental persons receive
the economic benefit; and
(iii) whether the cost of the financed or refinanced property is treated as
depreciable by the nongovernmental person.
As of the date hereof, no portion of the Project is leased (or will be so leased) by the
Issuer or the School Board (or a related party or agent) to a person or entity other than a state or
local governmental unit or to members of the general public for General Public Use.
(e) Management and Service Contracts. With respect to management and service
contracts, the determination of whether a particular use constitutes Private Use under this
H:\Measures\VPSA 10603 Apx C.DOC C-2
Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-1 C. B.
632, as modified by Revenue Procedure 2001-39, 2001-28 I.R.B. 38 (collectively, "Revenue
Procedure 97-13"). As of the date hereof, no portion of the proceeds derived from the sale of the
Bonds is being used to finance or refinance property subject to contracts or other arrangements
with persons or entities engaged in a trade or business (other than governmental units) that
involve the management of property or the provision of services with respect to property
financed or refinanced with proceeds of the Bonds that does not comply with the standards of
Revenue Procedure 97-13.
For purposes of determining the nature of a Private Use, any arrangement that is properly
characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an
arrangement that is referred to as a management or service contract may nevertheless be treated
as a lease. In determining whether a management contract is properly characterized as a lease, it
is necessary to consider all of the facts and circumstances, including the following factors:
(i) the degree of control over the property that is exercised by a
nongovernmental person; and
(ii) whether a nongovernmental person bears risk of loss of the
financed or refinanced property.
Section 3. Time Test and Due Diligence Test. The Issuer or the School Board have
incurred or will incur within 6 months of the date hereof substantial binding obligations, which
are not subject to contingencies within the control of the Issuer or the School Board or a related
party, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project.
The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of
the Bonds within three years of the date hereof.
Section 4. Dispositions and Change in Use.
(a) No Sale or Disposition. The Issuer and the School Board expect to own and
operate and do not expect to sell or otherwise dispose of the Project, or any component
thereof, prior to the final maturity date of the VPSA's Bonds (August 1, 2023).
(b) No Change in Use. The Issuer and the School Board represent, warrant and
covenant that the facilities financed or refinanced with proceeds of the Bonds will be
used for the governmental purpose of the Issuer and the School Board during the period
of time the Bonds are outstanding, unless an opinion of Bond Counsel is received with
respect to any proposed change in use of the Project.
Section 5. No Sinking or Pledged Funds. The Issuer and the School Board have not
established and will not establish any funds or accounts that are reasonably expected to be used
to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for
the Bonds for which there is a reasonable assurance that amounts on deposit therein will be
available to pay debt service on the Bonds if the Issuer or the School Board encounters financial
difficulty.
Section 6. No Replacement Proceeds.
H:~VleasuresWPSA 10603 Apx C.DOC C-3
(a) In General. No portion of the proceeds of the Bonds will be used as a
substitute for other funds that prior to the Issuer's resolving to proceed with the issuance
of the Bonds was used or is to be used to pay any cost of the Project.
(b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury
Regulations regarding the safe harbor against the creation of "replacement proceeds", as
of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of
the reasonably expected economic life of the Project financed thereby.
Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the
payment of any principal of or interest on any obligations of the Issuer, other than the Bonds,
incurred in the exercise of its borrowing power.
Section 8. Composite Issue. There are no other obligations of the Issuer that have been,
or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of financing
together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds.
Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or
permit any action that would cause (a) the payment of principal of or interest on the Bonds to be
guaranteed, directly or indirectly, in whole or in part by the United States or any agency or
instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in
making loans the payment of principal of or interest on which is guaranteed in whole or in part
by the United States or any agency or instrumentality thereof or (ii) invested directly or
indirectly in federally insured deposits or accounts (except as permitted under Section 149(b) of
the Internal Revenue Code of 1986, as amended (the "Code"), or the regulations promulgated
thereunder). The Issuer and the School Board have not, and will not enter into, any (i) long-term
service contract with any federal governmental agency, (ii) service contract with any federal
governmental agency under terms that are materially different from the terms of any contracts
with any persons other than federal government agencies, and (iii) lease of property to any
federal government agency that would cause the Bonds to be considered "federally guaranteed"
within the meaning of Section 149(b) of the Code.
Section 10. No Hedge Bonds. The Issuer and the School each reasonably expects that
all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three
years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds
will be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of
the Code) having a substantially guaranteed yield for four years or more.
Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale
of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts
necessary to finance the Project.
Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be
applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred
thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer and
the School Board represent the following with respect to the costs of the Project to be reimbursed
from the proceeds of the Bonds.
H:Wieasures\VPSA 10603 Apx C.DOC C-4
(a) Official Intent. The total amount of reimbursed costs incurred by the Issuer
with respect to the Project is not expected to exceed $ . Such expenditures
were paid prior to the date hereof but no earlier than sixty (60) days prior to July 2, 2001,
which is the date the Issuer or the School Board adopted its "official intent" declaration
(the "Official Intent Declaration") in accordance with Section 1.150-2 of the Treasury
Regulations. The Official Intent Declaration:
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that states that the Issuer reasonably
expected to reimburse itself for such expenditures with the proceeds of a taxable
or tax-exempt borrowing,
(ii) set forth a general description of the Project, and
(iii) stated the maximum principal amount of debt expected to be issued
for the Project.
Neither the Issuer nor the School Board has taken any action subsequent to the
expression of such intent that would contradict or otherwise be inconsistent with such
intent.
(b) Reasonable Official Intent. As of the date of the Official Intent Declaration,
the Issuer reasonably expected to reimburse such expenditures with the proceeds of a
borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for
which an intention to reimburse such expenditures was declared and which were actually
paid by the Issuer other than in circumstances that were unexpected and beyond the
control of the Issuer.
(c) Reimbursement Period Requirement. The proceeds derived from the sale of
the Bonds to be applied to reimburse the above-described expenditures will be so applied
no later than the later of the date that is (i) eighteen (18) months after the date on which
the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on
which the portion of the Project to which such expenditure relates was placed in service
(within the meaning of Section 1.150-2 of the Treasury Regulations) or abandoned. The
Issuer shall not, however, use Bond proceeds to reimburse the above-described
expenditures later than three (3) years after the date the original expenditure was paid.
(d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i)
capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury
Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for
extraordinary, nonrecurring items that are not customarily payable from current revenues
(within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv)
grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v)
qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans
(within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the
expenditures to be reimbursed were incurred for day-to-day operating costs or similar
working capital items.
H:\MeasuresWPSA 10603 Apx C.DOC C-5
No portion of the proceeds of the Bonds being used to reimburse the Issuer for
prior expenditures will be used, directly or indirectly, within one year of the date of a
reimbursement allocation, in a manner that results in the creation of replacement
proceeds (within the meaning of Section 1.148-1 of the Treasury Regulations), other than
amounts deposited in a bona fide debt service fund.
(e) Anti-Abuse Rules. None of the proceeds of the Bonds is being used in a
manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury
Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections
142 through 147 of the Code.
Section 13. Private Activity Covenants. The Issuer and the School Board each
represents, warrants and covenants that it will take no action that would cause either the Bonds
or the VPSA's Bonds to be private activity bonds within the meaning of Section 141(a) of the
Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the
Bonds from being private activity bonds, within the meaning of Section 141(a) of the Code.
Furthermore, the Issuer and the School Board have established reasonable procedures to ensure
compliance with this covenant.
Section 14. Covenant as to Arbitrage. The Issuer and the School Board each
represents, warrants and covenants that whether or not any of the Bonds remain outstanding, the
money on deposit in any fund or account maintained in connection with the Bonds, whether or
not such money was derived from the proceeds of the sale of the Bonds or from any other
sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Code and the applicable regulations
thereunder.
Section 15. Tax Covenant. The Issuer and the School Board each represents, warrants
and covenants that it will not take any action which will, or fail to take any action which failure
will, cause the interest on the Bonds or the VPSA's Bonds to become includable in the gross
income of the owners of the Bonds or the VPSA's Bonds for federal income tax purposes
pursuant to the provisions of the Code and the regulations promulgated thereunder in effect on
the date of original issuance of the Bonds and the VPSA's Bonds.
Date:
CITY OF ROANOKE, VIRGINIA
By:.
Name: Darlene L. Burcham
Title: City Manager
HSMeasures\VPSA 10603 Apx C.DOC C-6
SCHOOL BOARD OF THE CITY OF
ROANOKE, VIRGINIA
By:.
Name: Gloria P. Manns
Title: Chairman
H:~vleasures\VPSA 10603 Apx C.DOC C-7
APPENDIX D
to the Bond Sale Agreement
CONSTRUCTION EXCEPTION AND
EIGHTEEN-MONTH EXCEPTION
TO THE REBATE REQUIREMENT
QUESTIONNAIRE
The purpose of this questionnaire is to elicit facts concerning the expenditure of the
proceeds of the City of Roanoke, Virginia (the "Issuer") general obligation school bonds (the
"Bonds") in order to make an initial determination that the construction exception from the rebate
requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended,
or the eighteen month exception from the rebate requirement provided by Section 1.148-7(d) of the
Treasury Regulations is available.
Please supply the information requested below and send this questionnaire to Richard A.
Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond,
Virginia 23218-1879, for receipt no later October 1, 2003, with a copy to your bond counsel.
Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds
including the useful life of the project(s) being financed.
2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive from the investment of the
Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2 (a).
(c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect to
use to finance the issuance costs of the Bonds. (e.g. your legal fees)
(d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b)
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reduced by the amount set forth in Question 2(c) equals $ . This
amount is hereinafter referred to as "Available Construction Proceeds". Any bond
premium derived from sale of the bonds and any investment earnings thereon will be
treated as Available Construction Proceeds.
Indicate the amount of money, other than the Available Construction Proceeds of the
Bonds, that will be applied toward the cost of the Project and the expected source of such
money. Indicate what such money will be used for.
Indicate, by principal components, your current estimates of the cost for the acquisition and
construction of the Project that will be financed with the Available Construction Proceeds
of the Bonds, including:
(a) Acquisition of Interest in
Land
(b) Acquisition of Interest in
Real Property~
(c) Acquisition and/or Installation
of Tangible Personal Property2
(d) Site Preparation
(e) Construction of Real Property3
(f) Reconstruction of Real Property4
(g) Rehabilitation of Real Property5
(h) Construction of Tangible
Personal Property6
(i) Specially developed computer
software7
(j) Interest on the Bonds during
Construction
(k) Other (please specify)
(1) Total $
(Note: The sum of the amounts described in (a) through (k) must equal the amount of
Available Construction Proceeds of the Bonds set forth in Question 2(d).)
I-7 See the Endnotes on pages D-7 and D-8.
D-2
(a)
(b)
(c)
Have you borrowed, directly or indirectly, (such as through an industrial
development authority) any money, either through a tax-exempt bank loan, a bond
anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to
pay for the Project costs?
Yes No
Do you intend to use the proceeds of the Bonds to refinance or repay any loan used
to finance the Project costs?
Yes No
If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP, or
other evidence of the loan and any tax certificate executed with such loan and
indicate the following:
(i) Amount of loan:
(ii) Date of loan:
(iii) Maturity date of loan:
(iv) Interest rate of loan:
(v) Name of lender:
(vi) Refinance or repayment date:
(vii) Amount of unspent proceeds, if any:
(viii) Where unspent proceeds are being held (e.g. SNAP):
(d)
If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan to
reimburse yourself for expenses paid with respect to the Project before the loan was
obtained?
(e)
(a)
Yes No
If the answer to question 5(b) is "Yes", do you expect to qualify for the small issuer
exception for the loan.
Do you intend to reimburse yourself from the proceeds of the Bonds for Project
costs advanced from your General Fund or other available sources?
Yes No
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(b)
If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such
expenditures, please indicate the amount of such expenditure, when such
expenditure was paid and the purpose of the expenditure (i.e., architectural fees,
engineering fees, other construction costs):
(i) Amount expended $
(ii) Date of expenditure:
(iii) Purpose of expenditure:
(Note: if you intend to reimburse yourself for more than one expenditure, please
attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii)
purpose of expenditure)
If the answer to Question 5(d) or 6(a) is "Yes" please attach a copy of any other evidence of
your intention to reimburse yourself with the proceeds of a borrowing such as the earliest
possible resolution, declaration or minutes of a meeting. Include the date such resolution
was adopted, meeting was held or declaration made.
[The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for the
Construction Exception from the Rebate Requirement.]
Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least
75% of the amount of Available Construction Proceeds (i.e., 75% of the amount in 4(i).
Yes No
If the answer to Question 8 is "Yes", answer Question 9 and skip Question 10.
If the answer to Question 8 is "No", skip Question 9 and answer Question 10.
(a)
Assuming the Bonds are delivered on November 6, 2003 and funds are made
available to you on that date, please complete the following schedule indicating the
amount of Available Construction Proceeds that the City/County expects to expend
and disburse during the following time periods:
From November 6, 2003 to May 6, 2004 $. 8
From May 7, 2004 to November 6, 2004
From November 7, 2004 to May 6, 2005
From May 7, 2005 to November 6, 2005
Total9 $
8 and 9 See the Endnotes on page D~8.
D-4
I0.
(b)
If you do not expect to spend 100% of Available Construction Proceeds by
November 6, 2005, do you expect to spend 100% of Available Construction
Proceeds by November 6, 2006?
Yes No
For purposes of this Question 10, assume that the Bonds are delivered on November 6,
2003 and funds are made available to you on that date.
(a)
Does the City/County expect to expend and disburse the amount shown in Question
4(a) for the acquisition of land by May 6, 2004?
Yes No
(b)
Does the City/County expect to expend and disburse the amount shown in Question
4(b) for the acquisition of interests in real property by May 6, 2004?
Yes No
(c)
Does the City/County expect to expend and disburse the amount shown in Question
4(c) for the acquisition and/or installation of tangible personal Property by May 6,
2004?
(d)
Yes No
(i) Does the City/County expect to expend and disburse the amount shown in
question 4(1) by November 6, 2006?
Yes No
(ii) Assuming that the Bonds are delivered on November 6, 2003, and funds are
made available to you on that date, please complete the following schedule
indicating the amount of Available Construction Proceeds that the City/County
expects to expend and disburse during the following time periods:
From November 6, 2003 to May 6, 2004
From May 7, 2004 to November 6, 2004
From November 7, 2004 to May 6, 2005
From May 7, 2005 to November 6, 2005
Total $
10 See the Endnotes on page D-8.
D-5
[The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen
Month Exception from the Rebate Requirement.]
11. The sum of the amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross
proceeds"). Assuming that the Bonds are delivered on November 6, 2003 and funds are made available
to you on that date, please complete the following schedule indicating the amount of gross proceeds
that the City/County expects to expend and disburse during the following time periods:
From November 6, 2003 to May 6, 2004
From May 7, 2004 to November 6, 2004
From November 7, 2004 to May 6, 2005
Total $
12. (a) Will this issue qualify for the Small Issuer Exception?
Yes No
(b)
List any general obligation bond financings the City/County has undertaken or is
planning to undertake in the calendar year 2003.
I understand that the foregoing information will be relied upon by the Virginia Public School
Authority (the "Authority") in determining the applicability of the construction exception to the
Authority's School Financing Bonds (1997 Resolution), Series 2003 C. I hereby certify that I am familiar
with the Project or have made due inquiry in order to complete this Questionnaire with respect to the
Project and am authorized by the City/County to provide the foregoing information with respect to it,
which information is tree, correct, and complete, to the best of my knowledge.
~ Include amounts expended prior to November 6, 2003 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or
repay any loan.
D-6
Name of Person Completing
Questionnaire
Title
Signature
Date
Df7
ENDNOTES
For purposes of this questionnaire, "real property" means improvements to land, such as buildings
or other inherently permanent structures, including items that are structural components of such
buildings or structures. For example, real property includes wiring in a building, plumbing
systems, central heating or central air conditioning systems, pipes or ducts, elevators or escalators
installed in a building, paved parking areas, road, wharves and docks, bridges and sewage lines.
For purposes of this questionnaire, tangible personal property means any tangible property except
real property. For example, tangible personal property includes machinery that is not a structural
component of a building, fire trucks, automobiles, office equipment, testing equipment and
furnishings.
See description of real property in endnote 1. This includes all capital expenditures that are
properly chargeable to or may be capitalized as part of the basis of the real property prior to the
date the property is placed in service. For purposes of this questionnaire, expenditures are
considered paid in connection with the construction, reconstruction or rehabilitation of real
property if the contract between the Issuer and the seller requires the seller to build or install the
property (such as under a "turnkey contract") but only to the extent the property has not been built
or installed at the time the parties enter into the contract. If the property has been partially built or
installed at the time the parties enter into the contract, the expenditures that are allocable to the
portion of the property built or installed before that time are expenditures for the acquisition of
real property.
See endnote 3.
See endnote 3.
For purposes of this questionnaire, expenditures are in connection with the construction of
tangible personal property, as defined in endnote 2, if:
(a) A substantial portion of the property or properties is completed more than 6 months
after the earlier of the date construction or rehabilitation commenced and the date the Issuer
entered into an acquisition contract;
(b) Based on the reasonable expectations of the Issuer, if any, or representations of the
person constructing the property, with the exercise of due diligence, completion of construction or
rehabilitation (and delivery to the Issuer) could not have occurred within that 6-month period; and
(c) If the Issuer itself builds or rehabilitates the property, not more than 75% of the
capitalizable cost is attributable to property acquired by the Issuer (e.g., components, raw
materials and other supplies).
Specially developed computer software means any programs or routines used to cause a computer
D-8
to perform a desired task or set of tasks, and the documentation required to describe and maintain
those programs, provided that the software is specially developed and is functionally related and
subordinate to real property or other constructed personal property.
Include amounts expended prior to November 6, 2003 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or
repay any loan.
Total should equal the amount in 4(1).
Include amounts expended prior to November 6, 2003 and approved by your bond counsel for
reimbursement from your bond proceeds. This does not include any amount used to refinance or
repay any loan.
D-9
APPENDIX E
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the
Virginia Public School Authority (the "Authority") of $ aggregate principal amount of
its School Financing Bonds (1997 Resolution) Series 2003 C (the "Series 2003 C Bonds") pursuant
to the provisions of a bond resolution (the "1997 Resolution") adopted on October 23, 1997, as
amended and restated. The Series 2003 C Bonds and all other parity bonds heretofore and hereafter
issued under the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of
the 2003 Series C Bonds are being used by the Authority to purchase certain general obligation
school bonds ("Local School Bonds") of the Local Issuer pursuant to a bond sale agreement
between the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3
of the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Local Issuer for the benefit of the holders of the Series 2003 C Bonds
and in order to assist the Participating Underwriters (defined below) in complying with the Rule
(defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for
any reports, notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in
this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to,
and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination
Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer
and which has filed with such Local Issuer a written acceptance of such designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
"Fiscal Year" shall mean the twelve-month period at the end of which financial position and
results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 and
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continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record
owner or beneficial owner of a Series 2003 C Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds of the
Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school
bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal
amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the Authority's
Series 2003 C Bonds required to comply with the Rule in connection with the offering of such
Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by the
State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no
State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to
each Repository an Annual Report which is consistent with the requirements of Section 4 of this
Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not
later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ended June
30, 2004) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the
Local Issuer is no longer a MOP.~ Not later than ten (10) days prior to the Filing Date, the Local
Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide
copies to the Authority. In each case, the Annual Report (i) may be submitted as a single document
or as separate documents comprising a package, (ii) may cross-reference other information as
The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within
60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated
Person as of the end of such Fiscal Year. Upon written request, the Authority will
also advise the Local Issuer as to its status as a MOP as of any other date.
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provided in Section 4 of this Disclosure Agreement and (iii) shall include the Local Issuer's audited
financial statements prepared in accordance with applicable State law or, if audited financial
statements are not available, such unaudited financial statements as may be required by the Rule. In
any event, audited financial statements of such Local Issuer must be submitted, if and when
available, together with or separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the Repositories
by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal
Securities Rulemaking Board and any State Repository in substantially the form attached hereto as
Exhibit A.
SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual Report
required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual
financial information relating to the Local Issuer, including operating data,
(i)
updating such information relating to the Local Issuer as shall have been included or
cross-referenced in the final Official Statement of the Authority describing the
Authority's Series 2003 C Bonds or
(ii)
if there is no such information described in clause (i), updating such information
relating to the Local Issuer as shall have been included or cross-referenced in any
comparable disclosure document of the Local Issuer relating to its tax-supported
obligations or
(iii)
if there is no such information described in clause (i) or (ii) above, initially setting
forth and then updating the information referred to in Exhibit B as it relates to the
Local Issuer, all with a view toward assisting Participating Underwriters in
complying with the Rule.
Any or all of such information may be incorporated by reference from other documents, including
official statements of securities issues with respect to which the Local Issuer is an "obligated
person" (within the meaning of the Rule), which have been filed with each of the Repositories or
the Securities and Exchange Commission. If the document incorporated by reference is a final
official statement, it must be available from the Municipal Securities Rulemaking Board. The
Local Issuer shall clearly identify each such other document so incorporated by reference.
SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with a
copy to the Authority.
SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under
this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final
{ RKE# 0826765.DOC- 1, 077826-00045-01 }
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retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement and may discharge any such Agent, with or without appointing a successor
Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or
discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer
shall be the Dissemination Agent.
SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal securities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the means of
dissemination set forda in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Report or notice of occurrence of a Listed Event, in
addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to
include any information in any Annual Report or notice of occurrence of a Listed Event, in addition
to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no
obligation under this Agreement to update such information or include it in any future Annual
Report or notice of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local Issuer)
may take such action as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of a
Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal
amount of Bonds outstanding may, take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to challenge the adequacy of any
information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of
the Local Issuer hereunder. A default under this Disclosure Agreement shall not be deemed an
event of default under the applicable resolution or bonds of the Local Issuer, and the sole remedy
under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith
shall be an action to compel performance. Nothing in this provision shall be deemed to restrict the
rights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the roles and
regulations promulgated thereunder, or other applicable laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of
the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time of the
Authority's Bonds, and shall create no rights in any other person or entity.
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SECTION 12. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Date:
CITY OF ROANOKE, VIRGINIA
B3~
Darlene L. Burcham, City Manager
[ RKEdt 0826765.DOC- 1,077826-00045 01 }
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NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATEMENTS]
EXHIBIT A
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
SERIES 2003 C
CUSIP Numbers.
Dated: November 1, 2003
Name of Local Issuer: City of Roanoke, Virginia
NOTICE IS HEREBY GiVEN that the Local Issuer has not provided an Annual Report as required
by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection
with the above-named bonds issued pursuant to that certain Series Resolution adopted on
September 24, 2003, by the Board of Commissioners of the Virginia Public School Authority, the
proceeds of which were used to pumhase $ General Obligation School Bonds, Series
2003-A of the Local Issuer. [The Local Issuer anticipates that the Annual Report will be filed by
.] The Local Issuer is a material "obligated person" within the meaning of Rule
15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above-named
bonds of the Authority.
Dated:
CITY OF ROANOKE, VIRGINIA
By_
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EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and
a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding
fiscal year. The Annual Report should also include (to the extent not shown in the latest audited
financial statements) a description of contingent obligations as well as pension plans administered
by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
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CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 8, 2003
File #117-448
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36504-100603 approving and authorizing execution
of a Cable Television Franchise Agreement by and between the City of Roanoke and
CoxCom, Inc., d/b/a/Cox Communications Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 6, 2003
Page 2
pc:
Roy M. Mentkow, Acting Director of Technology
Mike Pedelty, Director, Public Relations, Cox Communications, P. O. Box 13726,
Roanoke, Virginia 24036
Diane S. Childers, Clerk to the Roanoke County Board of Supervisors, P. O. Box
29800, Roanoke, Virginia 24018-0798
Carolyn S. Ross, Town Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Jesse A. Hall, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36504-100603.
AN ORDINANCE approving and authorizing the execution of a Cable Television Franchise
Agreement by and between the City of Roanoke, Virginia and CoxCom, Inc., d/b/a Cox
Communications Roanoke; and dispensing with the second reading by title of this ordinance.
WHEREAS, by Agreement dated May l, 1991, the City entered into a Cable Television
Franchise Agreement for a term of 12 years with Cox Cable Roanoke, Inc., predecessor in interest to
CoxCom, Inc., d/b/a Cox Communications Roanoke (Cox), which was authorized by OrdinanceNo.
30479-42291 ~
WHEREAS, representatives of the City, along with representatives of Roanoke County and
the Town of Vinton, have been negotiating a renewal agreement with Cox;
WHEREAS, on April 21, 2003, by Ordinance No. 36290-042103, City Council ex-tended the
1991 Cable Television Franchise Agreement for six months, until October 31, 2003, to allow the
renewal negotiations to be completed;
WHEREAS, such negotiations have been completed and a Cable Television Franchise
Agreement acceptable to the City of Roanoke, and also to Roanoke County and the Town of
Vinton, has been reached, subject to approval by City Council;
WHEREAS, a public hearing was held on this matter and on the City's adoption of a revised
Cable Television Franchise Ordinance on October 6, 2003, at which public hearing citizens and
parties in interest were afforded an opportunity to be heard on such matters; and
WHEREAS, City Council has previously adopted a revised Cable Television Franchise
Ordinance that becomes effective on October 31, 2003.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of the Cable Television Franchise Agreement
attached to the City Manager's letter to Council dated October 6, 2003.
2. The City Manager is authorized to execute, on behalf of the City, a Cable Television
Franchise Agreement by and between the City and CoxCom, Inc., d/b/a Cox Communications
Roanoke in a form substantially similar to the one attached to the above mentioned City Manager's
letter, and in a form approved by the City Attorney. Such Agreement will provide for a term of 15
years, from November l, 2003 through October 3 l, 2018, a Franchise Fee Payment to the City of 5%
of Cox's gross revenues, a capital grant for educational and/or governmental access equipment and
facilities for allocation among the City, Roanoke County and the Town of Vinton in the total amount
of $1,150,000.00 to be paid in accordance with the schedule set forth in the Agreement mentioned
above, and such other terms and conditions as are deemed to be in the best interest of the City of
Roanoke.
3.
The City Manager is further authorized to take such further actions and execute such
additional documents as may be necessary to implement and administer such Cable Television
Franchise Agreement.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:~vleasures~,003 Cable TV Franchise Ordinance.doe
2
CITY OF R ANOKE
Office of the C,ty Clerk
Mary F. Parker, CMC
City Clerk
October 8, 2003
File #117-448
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36503-100603 providing for one or more non-
exclusive franchises to construct, operate, and maintain one or more cable television
systems within the City of Roanoke, Virginia, effective October 31,2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 8, 2003
Page 2
pc:
Roy M. Mentkow, Acting Director of Technology
Mike Pedelty, Director, Public Relations, Cox Communications, P. O. Box 13726,
Roanoke, Virginia 24036
Diane S. Childers, Clerk to the Roanoke County Board of Supervisors, P. O. Box
29800, Roanoke, Virginia 24018-0798
Carolyn S. Ross, Town Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Jesse A. Hall, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 2003.
No. 36503-100603.
AN ORDINANCE providing for one or more non-exclusive franchises to construct, operate,
and maintain one or more cable television systems within the City of Roanoke, Virginia, and
dispensing with the second reading by title paragraph of this Ordinance.
WHEREAS, pursuant to applicable law, policies and procedures are established in this
Ordinance whereby the City of Roanoke, Virginia ("City"), may grant certain entities, their successors
and assigns, a non-exclusive franchise, or may renew or extend an existing franchise, to erect,
operate and maintain poles, cables and all other electrical equipment, structures, or fixtures
necessary to the construction, operation and maintenance of a Cable Television System under,
over, upon and across the streets, alleys, sidewalks, and rights-of-way of the City to provide Cable
Service to the residents and citizens of the City, and to the persons, firms, and corporations doing
business therein, and to use the property of other entities in furtherance and support of the
objectives of this Ordinance and any franchise granted hereunder upon such arrangements and
under such conditions as to which the entities may agree. For the purposes of this Ordinance, the
term "Franchise" shall apply, unless otherwise distinguished, to an initial franchise, an extended
franchise or a renewed franchise; and
WHEREAS, the provisions of this Ordinance shall apply to all cable television Franchises
granted, extended or renewed after the effective date of this Ordinance, and shall also apply to all
Cable Television Franchisees existing as of the effective date in the event and as of the date of any
extension or renewal of an existing Franchise requested by such Franchisee.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
TABLE OF CONTENTS
Page
(f)
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 1. Short Title ................................................................................................................................... 3
Section 2. Definitions .................................................................................................................................. 3
Section 3. Grant of Authority ....................................................................................................................... 8
Section 4. Applications for Grant, Renewal, Transfer, or Modification of Franchises .................................. 9
(a) Written Application ..................................................................................................................... 9
(b) Application for Grant of a Franchise other than a Cable Act Renewal Franchise .................... 10
(c) Application for Grant of a Renewal Franchise ......................................................................... 12
(d) Contents of Applications .......................................................................................................... 12
(e) Application for Modification of a Franchise .............................................................................. 15
Application for Consent to Transfer of a Franchise .................................................................. 16
Roanoke Valley Regional Cable Television Committee ........................................................... 17
Rates ........................................................................................................................................ 20
PEG Access ............................................................................................................................. 20
System Operation .................................................................................................................... 20
Indemnification and Insurance ................................................................................................. 21
Maintenance and Service Complaint Procedures .................................................................. 22
Filings with City ...................................................................................................................... 30
Construction and Installation of the System ........................................................................... 31
Emergency Alert System ........................................................................................................ 34
Limits on Rights of Way ......................................................................................................... 35
Approval Required for Franchise Transfer ............................................................................. 35
City Right in Franchise ........................................................................................................... 36
Franchise Fee ........................................................................................................................ 38
Records and Reports ............................................................................................................. 39
Franchise Revocation ............................................................................................................ 40
Hearing Requirements for Matters Affecting Franchises ........................................................ 42
Costs ...................................................................................................................................... 42
2
TABLE OF CONTENTS
(continued)
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Page
Open Video System Operation .............................................................................................. 43
Severability ............................................................................................................................ 43
Acceptance of Franchise.
Franchisee to Abide by Applicable Laws ............................................................................... 44
Repeal of Prior Inconsistent Ordinances and Resolutions ..................................................... 44
Second Reading Dispensed With .......................................................................................... 45
Effective Date ......................................................................................................................... 45
Appendix A. FCC Customer Service Standards
CABLE TELEVISION FRANCHISE ORDINANCF
Section 1. Short Title.
This Ordinance shall be known and may be cited as the "CABLE TELEVISION FRANCHISE
ORDINANCE."
Section 2. Definitions.
For the purpose of this Ordinance the following terms, phrases, words, and their derivations
shall have the meanings given herein. Terms of art not otherwise defined herein, whether
capitalized or not, shall have the meanings ascribed to them in Title VI (Cable Communications) of
the Communications Act of 1934, as amended, 47 U.S.C. §§521, et seq. (hereinafter the "Cable
Act"). When not inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely directory.
(a) "Board" shall mean the Board of Supervisors of the County of Roanoke, Virginia.
3
(b) "Cable," whether capitalized or not, shall mean the closed transmission paths by
which video programming and other Cable Services are transmitted through and along a
Franchisee's Cable System, and shall include coaxial cable, optical fiber and any other closed
transmission path utilized therefor.
(c) "Cable Service" shall have the same meaning as ascribed to the term "cable service"
in the Cable Act.
(d) "Cable Television System" (or "CATV", or "Cable System", sometimes hereinafter
referred to as "System") shall have the same meaning as ascribed to the term "cable system" in the
Cable Act.
(e) "Chief Executive" shall mean the administrator of a county, manager of a city, or
manager of a town, as the context may require.
(f) "City" shall mean the City of Roanoke, Virginia.
(g) "Council" shall mean the City Council of the City of Roanoke or the Town Council of
the Town of Vinton, as the context may require.
(h) "County" shall mean the County of Roanoke, Virginia.
(i) "EG" shall mean the educational and governmental access component of PEG
Access as defined in Section 2(w) hereof.
(j) "Elementary and Secondary Schools", whether capitalized or not, shall mean all
public institutions operated for the purposes of teaching students enrolled in the elementary
(including kindergarten), middle and high school grades.
(k) "FCC" shall mean the Federal Communications Commission or its successor.
(I) "Franchise" shall mean the grant of authority, embodied in a franchise agreement
between the City and a particular Franchisee, authorizing that Franchisee to construct, own, operate
and maintain a cable system and provide cable service in the Service Area defined by that
agreement.
(m) "Franchise Area," for the purposes of establishing any entitlement to regulate rates
charged by a Franchisee pursuant to the Cable Act, or any subsequently adopted counterpart
thereof or governing regulatory provision relating thereto, shall mean and be deemed as being co-
terminous with a Franchisee's Service Area; provided, however, that until a Franchisee offers Cable
Service throughout such Service Area, a Franchisee's Franchise Area shall be such lesser portion
of its Service Area to which it offers Cable Service.
(n) "Franchisee" shall mean the grantee of rights under a Franchise granted pumuant to
this Ordinance.
(o) "Governing Body" shall mean the Board or a Council, as the context may require.
(p) "Gross Revenues" shall mean all revenues derived from the operation of a
Franchisee's System to provide Cable Service within its Service Area. This definition shall be
construed as broadly as permitted by the Cable Act or any other applicable law. By way of example
and not limitation, and unless otherwise defined in a Franchise, "Gross Revenues" shall include
charges for basic service, cable programming services, per-channel or per-event services, other
charges for video programming, installation and reconnection fees, leased channel fees, converter
rental fees, advertising and home shopping revenues, late fees, and revenues for carriage of
programming on the System, to the extent such items are considered "revenue" under generally
accepted accounting principles ("GAAP"). "Gross Revenues" shall not include (1) any tax or fee
imposed on cable Subscribers (but not on Franchisee) by the City or any governmental authority and
collected by the Franchisee on behalf of such governmental entity (provided, however, that the fee
imposed by Section 17 of this Ordinance shall not be construed to be such a tax or fee); (2) the
revenues of any parent or affiliate of Franchisee to the extent, and only to the extent, the revenues
of such parent or affiliate are costs of the Franchisee and recovered by Franchisee through charges
to Subscribers that are included in Gross Revenues on which franchise fees are paid; and (3) actual
bad debt, refunds or credits, provided any such bad debt subsequently collected shall be considered
"Gross Revenues" in the period collected. In the event any revenues derived by Franchisee or its
parent or affiliates relate to the System in conjunction with other cable systems outside the Service
Area owned or operated by Franchisee, its parent or its affiliate, then such revenues shall be fairly
pro-rated among the various systems, and the portion of such revenues attributable to the
Franchisee's System in the City based on such a pro-ration shall be considered "Gross Revenues".
(q) "Higher Education Center" or "Roanoke Higher Education Center" shall mean the
Higher Education Center providing extension services and located in the City.
(r) "Home" shall mean any single family dwelling unit, whether a house, apartment,
trailer or mobile home, rented room or otherwise.
(s) "Local Government" shall mean, as the context may require, the City, the County, or
the Town, or all of them collectively.
(t) "Local Government Occupied Buildings" shall mean those buildings owned in whole
or in part by the County, the City, or the Town, as the context may require, or occupied in whole or in
part by Local Government officials or other persons in furtherance of Local Government objectives,
and shall include, without limiting the generality of the foregoing, all volunteer and paid fire and/or
rescue companies located within the County, City or Town.
(u) "Non-Subscriber Services" shall mean services provided to persons other than a
Subscriber or User of the services provided by or carried on a Franchisee's Cable System.
(v) "Person" shall mean any individual, firm, partnership, association, corporation,
company, trust, or entity of any kind, but shall not include the County, the City, or the Town.
(w) "PEG Access" shall mean public, educational and/or governmental use as provided
in the Cable Act (47 U.S.C. §531).
"PEG Access annels shall refer to the channel capacity on a System devoted to
Ch "
(x)
PEG Access.
(y)
"Public Schools", whether capitalized or not, shall mean all buildings operated by the
School Board or School Division of the County, City or Town for the purposes of teaching and
learning.
(z) "Residential Subscriber" shall mean a purchaser in good standing of any service that
the Franchisee delivers to any Home, provided that service is not utilized in connection with a
business, trade, or profession.
(aa) "Roanoke Valley Regional Cable Television Committee" (or "CATV Committee" or
"Committee") shall mean the committee comprised of individuals from the County, the City and the
Town, having responsibilities as set forth in this Ordinance concerning any cable television system
which provides service within or to any portion of all of the aforesaid three jurisdictions.
(bb) "Senior Citizen" shall mean any Residential Subscriber who is sixty-five (65) years of
age or older.
(cc)
"Service Area" shall mean the geographical area in the County, City or Town, as the
context may require, in which a Franchisee is authorized by a Franchise to construct its System and
to provide Cable Service.
(dd) "Signals" shall mean and refer to all frequencies, and the modulating intelligence
(including digital modulation) imposed or carried thereon, provided by or permitted to be inserted by
a Franchisee on the Cable System operated by such Franchisee.
7
(ee) "Streets" shall mean all public streets, roads, avenues, highways, boulevards,
concourses, driveways, bridges, tunnels, parkways, alleys, and all other public rights-of-way within
or belonging to the County, City or Town, as the context may require.
(fi) "Subscriber" or "User" shall mean any person or entity lawfully receiving any service
provided by or carried on a Franchisee's Cable System.
(gg) "Town" shall mean the Town of Vinton, Virginia.
(hh) "VDOT" shall mean the Virginia Department of Transportation.
Section 3. Grant of Authority.
(a) The City shall have the authority, subject to compliance with the relevant provisions of
{}15.2-2108 of the Code of Virginia and the Cable Act, to grant to such applicant, who shall
thereafter be a Franchisee hereunder, a nonexclusive initial, extended or renewed Franchise upon
such terms as the City and such applicant may agree. The Franchise shall authorize such
Franchisee, within its Service Area, to construct, erect, operate and maintain, in, upon, along,
across, above, over and under the Streets of the City, poles, wires, cable, underground conduits,
manholes, and such other conductors and fixtures for the maintenance and operation of a Cable
Television System to provide Cable Service, subject to such applicant's agreement and obligation to
provide Cable Service within the Franchisee's Service Area and to otherwise comply with all
provisions of this Ordinance and the terms of any agreement relating to the initial grant, extension or
renewal of the Franchise. Any Franchise granted hereunder shall authorize the Franchisee to use
the Streets to construct, erect, operate, and maintain a Cable System to provide Cable Service and
for no other purpose.
(b) No Franchisee shall, as to rates, charges, service, facilities, rules, regulations or in
any other respect, make or grant any preference or advantage to any person, nor subject any
person to any prejudice or disadvantage, provided that nothing in any Franchise granted hereunder
shall be deemed to prohibit the establishment of a graduated scale of charges (i) to "Senior Citizen"
Subscribers, (ii) for multiple installations at the same Home or building, or (iii) to prohibit
Franchisee's provision of free or discounted service to its own employees or to governmental or
school facilities.
(c) Any Franchise granted hereunder as an initial authorization and any renewal or
extension thereof shall be governed by the provisions of the Cable Act, any amendments or
superseding legislation and other applicable law, and shall be for a term as defined in the franchise
agreement between the City and the Franchisee, such term not to exceed fifteen (15) years.
(d) No person shall construct, install, maintain or operate a Cable System within, along,
over or under any Street or otherwise use the City's Streets to provide Cable Service unless
pursuant to (i) a Franchise existing as of the date of adoption of this Ordinance, or (ii) a Franchise
granted by the City pursuant to the provisions of this Ordinance.
Section 4. Applications for Grant, Renewal1 Transfer, or Modification of Franchises.
(a) Written Application.
(1) A written application shall be filed with the City for (A) grant of an initial
Franchise; (B) renewal of a Franchise; (C) modification of a franchise agreement pursuant to this
Ordinance or the Cable Act; and (D) consent to a transfer of a Franchise. An applicant shall
demonstrate in its application compliance with all requirements of this Ordinance and all applicable
laws.
(2) To be acceptable for filing, a signed original of the application shall be
submitted together with five (5) copies. The application must be accompanied by any required
application filing fee, conform to any applicable request for proposals or invitation for bid, and
contain all required information. All applications shall include the names and addresses of persons
authorized to act on behalf of the applicant with respect to the application.
9
(3) An applicant for an initial or a renewal Franchise or transfer of a Franchise
hereunder shall include in its application all information requested by the City or its designated
representative, subject to the provisions of governing law or regulations, as the City deems
reasonably appropriate to allow it to evaluate such applicant's application.
(4) All applications accepted for filing shall be made available by the City for
public inspection.
(b) Application for Grant of a Franchise other than a Cable Act Renewal Franchis,.
(1) An application for the grant of a new Franchise may be filed pursuant to a
request for proposals ("RFP") or invitation for bid ("IFB") issued by the City or on an unsolicited
basis. The City, upon receipt of an unsolicited application, may issue an RFP or IFB. If the City
elects to issue an RFP or IFB upon receipt of an unsolicited application, the applicant maysubmit an
amended application in response to the RFP or IFB, or may inform the City that its unsolicited
application should be considered in response to the RFP or IFB, or may withdraw its unsolicited
application. An application which does not conform to the requirements of an RFP or IFB may be
considered non-responsive and denied on that basis. The applicant shall respond within the time
directed by the City, providing the information and material set forth in subsection 4(d). The
procedures, instructions, and requirements set forth in the RFP or IFB shall be followed by each
applicant as if set forth and required herein. The City or its designee may seek additional
information from any applicant and establish deadlines for the submission of such information.
(2) In evaluating an application for a Franchise, the City may consider, among
other things, the following factors:
(A) The extent to which the applicant has substantially complied with
applicable law and the material terms of any existing cable Franchise in the City, County or Town.
10
(B) Whether the quality of the applicant's service under any existing
Franchise in the City, County, or Town including signal quality, responsiveness to customer
complaints, billing practices, and the like, has been reasonable in light of the needs and interests of
the communities served.
(C) Whether the applicant has the financial, technical, and legal
qualifications to build, operate and maintain the System and provide the Cable Service it proposes.
(D) Whether the application satisfies any minimum requirements
established by the City and is otherwise reasonable to meet the future cable-related needs and
interests of the community, taking into account the cost of meeting such needs and interests.
(E) Whether the applicant proposes to provide adequate PEG Access
channel capacity, facilities, or financial support.
(F) Whether issuance of a Franchise is warranted in the public interest
considering the immediate and future effect on the Streets and private and public property that
would be used by the Cable System, including the extent to which installation or maintenance as
planned would require replacement of Streets or property or involve disruption of property, public
services, or use of the Streets and the comparative superiority or inferiority of competing
applications.
(G) Whether the applicant or an affiliate of the applicant owns or controls
any other Cable System in the City, or whether the granting of the application may eliminate or
reduce competition in the delivery of Cable Service in the City.
(3) If the City finds that it is in the public interest to issue a Franchise considering
the factors set forth above, and subject to the applicant's entry into an appropriate franchise
agreement with City, it shall grant a Franchise to the applicant. If the City denies a Franchise, it will
issue a written decision explaining why the Franchise was denied. Prior to deciding whether or not
11
to issue a Franchise, the City may hold one or more public hearings or implement other procedures
under which comments from the public on an application may be received. The City also may grant
or deny a request for a Franchise based on its review of an application without further proceedings
and may reject any application that is incomplete or fails to respond to an RFP or I FB. The City also
reserves the right to reject all responses to an RFP or IFB. This Ordinance is not intended and shall
not be interpreted to grant any applicant or existing Franchisee standing to challenge the issuance
of a franchise to another.
(c) Application for Grant of a Renewal Franchise.
The Cable Act (47 U.S.C. §546) shall apply to applications for renewal of an existing
Franchise. If neither a Franchisee nor the City initiates the renewal process of the Cable Act in a
timely manner, or is unable to initiate the renewal process set forth in 47 U.S.C. § 546(a)-(g)
(including, for example, if the provisions are repealed), and except as to applications submitted
pursuant to 47 U.S.C. § 546(h), the provisions of subsection (b) of this Section shall apply, and a
renewal request shall be evaluated using the same criteria as any other request for a Franchise.
(d) Contents of Applications.
Unless otherwise specified by the City, an RFP or IFB for the grant of a Franchise,
including for a renewal franchise under 47 U.S.C. § 546(c), shall require, and any application
submitted (other than an application submitted pursuant to 47 U.S.C. § 546(h)) shall contain, at a
minimum, the following information:
(1) Name and address of the applicant and identification of the ownership and
control of the applicant, including: the names and addresses of the ten (10) largest holders of an
ownership interest in the applicant and affiliates of the applicant, and all persons with five (5) percent
or more ownership interest in the applicant and its affiliates; the persons who control the applicant
12
and its affiliates; all officers and directors of the applicant and its affiliates; and any other business
affiliation and cable system ownership interest of each named person.
(2) A demonstration of the applicant's technical ability to construct and/or operate
the proposed cable system, including identification of key personnel.
(3) A demonstration of the applicant's legal qualifications to construct and/or
operate the proposed cable system, including but not limited to a demonstration that the applicant
meets the following criteria:
(A) That the applicant has not submitted an application for an initial or
renewal Franchise to the City, which was denied, or as to which any challenges to such franchising
decision were finally resolved adversely to the applicant, within three (3) years preceding the
submission of the application.
(B) That the applicant has not had any cable television franchise validly
revoked by any franchising authority within three (3) years preceding the submission of the
application.
(C) That the applicant has the necessary authority under Virginia law to
operate a cable system.
(D) That the applicant holds or is qualified to obtain, any necessary federal
licenses or waivers required to operate the System proposed in the application, and that the
applicant is otherwise qualified to own and operate the System under federal law.
(E) That the applicant, or any of its officers, directors, partners, or
shareholders holding greater than a ten (10) percent interest have not, during the ten (10) years
preceding the submission of the application, been convicted of any act or omission of such
character that the applicant cannot reasonably be relied upon to deal truthfully with the City or
Subscribers or to substantially comply with obligations under applicable law, including obligations
13
under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or
other similar conduct.
(F) That the applicant certifies that the information contained on its
application is truthful and complete.
(G) That no elected official of the City holds a controlling interest in the
applicant or in any affiliate of the applicant.
(4) Notwithstanding the foregoing, the City shall provide an opportunity to an
applicant to show that it would be inappropriate to deny it a Franchise under subsection (d)(3)(B) or
(E) above by virtue of the particular circumstances surrounding the matter in question, and to
demonstrate the steps taken by the applicant to cure the harms flowing therefrom and prevent their
recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter
from the operation of cable television systems.
(5) A statement prepared by a certified public accountant regarding the
applicant's financial ability to complete the construction and operation of the Cable System proposed
in the application.
(6) A description of the applicant's prior experience in owning or operating Cable
Systems, and the identification of communities in which the applicant or any of its principals have, or
have had, a cable franchise or franchise or any material interest therein; provided, however_, that an
applicant that holds an existing Franchise with the City and is seeking renewal of that Franchise
need not provide such information.
(7) Identification of the area of the City to be served by the proposed Cable
System, including a description of the proposed Service Area's boundaries.
(8) A description of the physical facilities proposed, including channel capacity,
technical design, performance characteristics, headend location, and PEG Access facilities.
14
(9) Where applicable, a description of the construction of the proposed System,
including an estimate of plant mileage and its location; the proposed construction schedule; and
general information on the availability of space in existing conduits and poles to accommodate the
proposed System.
(10) A demonstration of how the applicant will reasonably meet the future cable-
related needs and interests of the community, including descriptions of how the applicant will meet
the needs described in any recent community needs assessment conducted by or for the City, and
how the applicant will provide adequate PEG Access channel capacity, facilities, or financial support
to meet the community's needs and interests, and how such capacity, facilities, and financial support
will be funded.
(11) Any other information as may be lawful and reasonably necessary to
demonstrate an applicant's ability to comply with the requirements of this Ordinance.
(12) Information that the City may lawfully request of the applicant that is relevant
to the City's consideration of the application.
(13) An affidavit or declaration of the applicant or authorized officer certifying the
truth and accuracy of the information in the application, acknowledging the enforceability of
application commitments to the extent they are incorporated into a Franchise, and certifying that the
applicant meets all federal and state law requirements to construct, erect, operate, and maintain a
Cable System.
(e) Application for Modification of a Franchise.
An application for modification of a Franchise shall include, at minimum, the following
information:
(1) The specific modification of the Franchise requested;
15
(2) The justification for the requested modification, including the impact, if any, of
the requested modification on Subscribers and others, and the financial impact on the applicant if
the modification is approved or disapproved, demonstrated through, among other things, submission
of financial pro formas;
(3) A statement whether the modification is sought pursuant to the Cable Act~
(47 U.S.C. § 545), and, if so, a demonstration that the requested modification meets the standards
set forth in the Act;
(4) Any other information that the applicant believes is necessary for the City to
make an informed determination on the application for modification; and
(5) An affidavit or declaration of the applicant or authorized officer certifying the
truth and accuracy of the information in the application.
{f) Application for Consent to Transfer of a Franchis~
(1) An appJication for the City's consent to the transfer of a Franchise or the
transfer of control of a Franchisee shall include, at a minimum, the following information:
(A) A completed FCC Form 394, or any successor form; and
(B) With respect to the proposed transferee, the information set forth in
the following subsections of Section 4(d) of this section, "Contents of Applications": (1), (2), (3), (6),
(11 ), (12), and (13), and where any changes in such information are contemplated, the information
set forth in subsections 4(d) (7), (8), (9), and (10).
(2) In determining whether a transfer application should be granted, denied, or
granted subject to conditions, the City may consider the legal, financial, and technical qualifications
of the transferee to operate the Cable System; any potential impact of the transfer on Subscriber
rates or services; whether the incumbent Franchisee is in substantial compliance with its Franchise
and, if not, whether the incumbent or the transferee furnishes adequate cure or assurance of cure;
16
whether the transferee owns or controls any other Cable System in the City; and whether transfer of
the System or control of the Franchisee to the transferee or approval of the transfer would otherwise
adversely affect Subscribers, the public, or the City's interests under this Ordinance, the Franchise,
or other applicable law. No transfer application shall be granted unless the transferee agrees in
writing that it will abide by and accept all terms of this Ordinance and the Franchise, and that it will
assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown,
of the previous Franchisee for all purposes.
Section 5. Roanoke Valley Reqional Cable Television Committee.
As of the date of adoption of this Ordinance, the County, the City and the Town have,
pursuant to ordinances duly adopted by each of them, jointly established a committee known as the
Roanoke Valley Regional Cable Television Committee (the "CATV Committee"). By adoption of this
Ordinance, the City does hereby affirm its continued participation in and support of the CATV
Committee, which shall comprise eleven (1 1 ) members and have the duties and responsibilities as
set forth below:
(a) Members. One member shall be provided from each of the Governing Bodies of the
County, the City and the Town; three members shall be the Chief Executives (or their designees)
from each of the County, the City and the Town; one member shall be appointed by each of the
Roanoke County and Roanoke City School Boards; and one member-at-large shall be appointed by
each of the Governing Bodies of the County, the City and the Town.
(b) Chairperson. The CATV Committee shall select a chairperson from its membership,
who shall serve for a period of one year or such other term as the CATV Committee may deem
appropriate.
(c) Terms of Office. The terms of office of the three at-large members shall be for three
years each, provided that such terms shall be staggered, with a continuation of the staggered
17
sequence established by the CATV Committee prior to the adoption of this Ordinance; members
from the Governing Bodies of each of the jurisdictions and those appointed by their respective
School Boards shall serve for such terms as are determined by their respective appointing
authorities.
(d) Meetinqs. Meetings of the CATV Committee shall be held not less than once per
year, and at such more frequent times as the Chairperson or the Committee shall determine; a
quorum shall consist of five members. The Committee may adopt such procedures and bylaws as it
deems necessary for the proper exercise of its responsibilities.
(e) Scope. The CATV Committee shall fulfill its responsibilities with respect to any
Franchisee or applicant for a Franchise as to which the Cable Service provided or proposed shall
extend within or to any portion of all of the three jurisdictions addressed herein.
(f) Franchisee Attendance. The General Manager (or his or her designee) of each
Franchisee within the scope of the CATV Committee's responsibilities shall be afforded the
opportunity to attend each meeting of the CATV Committee, with at least ten (10) days advance
notice to be provided whenever reasonably possible, except when the CATV Committee holds a
closed meeting.
(g) Powers and Duties. The CATV Committee shall:
(i) Advise the affected Governing Bodies concerning any applications for
Franchises.
(ii) Provide for the development, administration, and operation of EG access
facilities and programming for the City, County and Town as provided for in this Ordinance and any
franchise agreements. The administration of all such EG activities shall be undertaken by the
Committee.
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(iii) Monitor each Franchisee's compliance with the provisions of this Ordinance
and any Franchise granted hereunder, and advise affected Governing Bodies of matters that may
constitute grounds for a monetary forfeiture or Franchise revocation.
(iv) Advise the affected Governing Bodies concerning the regulations of Cable
rates.
(v) Receive, record and consider Subscriber complaints that have not been
resolved by a Franchisee; attempt to resolve and respond to all such complaints, maintaining a
record of all resolutions; and report annually to each Governing Body the results of its actions with
respect to such complaints.
(vi) Review any proposed transfer of a Franchise and recommend whether such
transfer should be approved.
(vii) Coordinate review of each Franchisee's records as may be required by this
Ordinance.
(viii) Encourage the use of such EG access channels and facilities as are required
under this Ordinance or any Franchise by the widest range of institutions, groups and individuals
within the Service Areas of the respective Franchisees, consistent with applicable law.
(ix) Review budgets prepared by departments within affected jurisdictions for EG
channel usage, and coordinate the expenditure of any capital grant funds provided by any
Franchisee to maximize the potential and provide for the full development of EG channel usage.
(x) Advise the Governing Bodies of the jurisdictions addressed herein as to
proposed rules and procedures under which a Franchisee may use unused EG channel capacity for
the provision of other services, and under which such Franchisee use shall cease.
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(xi) Coordinate programming and activities on EG channels, develop appropriate
policies and procedures therefor, and assist in preparation and review of budgets for all cablecasting
activities on EG channels.
(xii) Maintain records in accordance with statutory requirements.
Section 6. Rates.
The City specifically retains all rights to regulate rates for Cable Service charged by any
Franchisee, subject to the provisions of relevant federal and state laws and the rules and regulations
of administrative agencies with authority.
Section 7. PEG Access.
PEG Access channel capacity, facilities and support requirements shall be specified
in the Franchise between the City and the Franchisee, and shall be sufficient to satisfy the City's
cable-related community needs and interests.
Section 8. System Operation.
(a) Every Franchisee shall operate its Cable System as required by the FCC's rules and
regulations, including, without limitation, ensuring compliance with al~ applicable provisions of 47
C.F.R. §76.601, et seq. (FCC Technical Standards), and any amendments thereto, throughout the
entire Service Area. Upon request, every Franchisee shall submit to the City copies of all
performance test data required pursuant to 47 C.F.R. §76.601 and any other performance tests that
may be required by subsequent amendment of the FCC's rules and regulations.
(b) Unless otherwise provided for in a Franchise, within six months after receipt of written
request from the City, a Franchisee shall interconnect its System with the Cable System of any
overlapping or adjacent cable operator in the City, County or Town. Such interconnection, including
bidirectional capability, shall be performed on terms mutually and reasonably acceptable to the
Franchisee and the other operator, including arrangements to share equitably the cost of design,
2O
installation, and all necessary equipment, hardware, and accessories to accomplish the
interconnection.
Section 9. Indemnification and Insurance.
(a) Every Franchisee, as a condition to its entitlement to hold or continue to hold a
Franchise hereunder, shall save the City, the CATV Committee, and their officers, representatives,
employees, agents and volunteers harmless from all loss or damages of any kind, including
reasonable attorney's fees, sustained by the City, the CATV Committee, and their officers,
representatives, employees, agents and volunteers on account of any suit, judgment, execution,
claim, or demand whatsoever, resulting from any acts or omissions on the part of the Franchisee, its
contractors, subcontractors or agents in the construction, maintenance or operation of its Cable
Television System or the provision of Cable Service in the City; provided, however, that the City shall
give to an indemnifying Franchisee written notice of any such suit, judgment, execution, claim or
demand made to which the immediately foregoing indemnification provisions apply.
(b) Each Franchisee shall take out and maintain throughout the term of its Franchise
commercial general liability insurance against personal injury with coverage of not less than
$5,000,000 for injury to any person and $5,000,000 for any one accident, and insurance against
property damage, including damage to City property, in an amount not less than $5,000,000, and
shall maintain comprehensive automobile liability insurance, including non-owned and hired car as
well as owned vehicles coverage, with minimum bodily injury coverage for each occurrence of
$2,000,000 and property damage coverage of not less than $1,000,000 per occurrence. X, C, and
U general liability insurance exclusions must be deleted. The above limits may be satisfied by a
combination of primary and umbrella insurance following the form of the primary insurance. The
above policies shall be written by a company licensed to do business in the Commonwealth of
Virginia, which shall be rated not less than "A" by Best's rating service, and the City, the CATV
21
Committee, and their officers, representatives, employees, agents and volunteers shall be named as
additional insu reds thereunder, and an endorsement to that effect from the insurer must be received
by the City within thirty (30) days of commencement of a Franchise. A certificate of these policies
shall be furnished to the City as a condition to the grant of any Franchise hereunder. The City
reserves the right, no more frequently than once every three years, and upon six months advance
notice to a Franchisee, to require an increase in the immediately foregoing minimum basic
coverages by an amount not to exceed the amount necessary to compensate for the City's
increased general liability insurance coverage, or the City's increased self-insured exposure, for the
three years immediately preceding the date of such notice from the City.
(c) Every Franchisee shall obtain workers' compensation insurance as required by the
laws of the Commonwealth of Virginia, with such insurance to be written by a company licensed to
do business in the Commonwealth of Virginia, which company shall be rated not less than "A" by
Best's rating service. Such policy shall contain a waiver of subrogation in favor of the City, the
CATV Committee, and their officers, representatives, employees, agents and volunteers.
(d) Each Franchisee shall ensure that its contractors, subcontractors and agents
maintain commercial general liability insurance coverage sufficient to protect the City, the CATV
Committee, and their officers, representatives, employees, agents and volunteers from any loss
arising from work performed on such Franchisee's behalf.
(e) No insurance policy shall be cancelable or non-renewable until thirty (30) days after
receipt by the City of notice of intention to cancel or non-renew.
Section 10. Maintenance and Service Complaint Procedures.
(a) System Maintenance. Throughout the term of its Franchise, every Franchisee shall
maintain all parts of its Cable System in good working condition.
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(b) FCC Standards. Each Franchisee shall, at minimum, comply with the customer
service standards established by the FCC at 47 C.F.R. §76.309(c), or any subsequently adopted
amendments thereto. These rules are hereby adopted as if incorporated herein (see Appendix A).
No Franchisee shall adopt standards less stringent than those imposed by the FCC, and nothing
herein shall prevent a Franchisee, or the City, from adopting standards that are more stringent than
those imposed by the FCC. The City may, at its sole discretion, and upon ninety (90) days written
notice to a Franchisee, inform a Franchisee of its intent to enforce, and may enforce against such
Franchisee, the additional customer service standards contained in subsections (b)(1) through (9)
below, or any other customer service standard deemed reasonably necessary by the City at its sole
discretion.
(1) Installation Time. Within all areas served by the System, and meeting the
density requirements of Section 12(c), service to all requesting potential Subscribers
requiring an aerial installation shall be provided within five (5) business days after receipt of
the request for service, and service to requesting potential Subscribers requiring an
underground installation shall be provided within ten (10) business days after such request,
unless Franchisee is prevented by reasons beyond its control or later installation is
requested by the Subscriber.
(2) Repair Procedure. Franchisee shall have a local listed telephone number for
receipt of requests for repairs at any time, twenty four (24) hours per day, seven (7) days per
week. Franchisee responses to such requests shall occur within twenty four (24) hours after
Franchisee's receipt of such a request, oral or written, excluding Sundays and holidays.
Verification of the problem and Franchisee's best efforts to resolve the problem shall occur
within forty eight (48) hours. In any event, resolution should occur within five (5) business
days. Those matters requiring additional maintenance, repair, or technical adjustments that
23
require more than five (5) business days to complete shall be reported in writing to the
Subscriber and, if requested, to the City. The City may require reasonable documentation to
be provided by Franchisee to substantiate a request for additional time to resolve any such
complaint.
(3) Responsiveness. Franchisee shall respond seven (7) days a week within two
hours to any outage affecting five (5) or more subscribers due to the same event or
occurrence ("Area Outage") which occurs between the hours of 7:00 a.m. and 9:00 p.m., and
by not later than 11:00 am the following day to any Area Outage which occurs between 9:00
p.m., and 7:00 a.m., the following day. Such response shall mean actual commencement of
trouble shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably
possible under the circumstances.
(4) Mean time between failures. The average time between Area Outages shall
not exceed twenty four (24) hours in any twelve (12) month period. It shall be computed by
dividing the operating time by the number of Area Outages.
(5) Mean time to repair. The average time to complete repair to System outages
shall not exceed two (2) hours in any twelve (12) month period, it shall be computed by
dividing the total time for repairs by the number of repair orders.
(6) Subscriber Down Time. Annual subscriber down time shall not exceed an
average of four (4) hours per Subscriber.
(7) Mean Time to Install. Mean time to install shall be eight (8) business days for
underground installations and four (4) business days for aerial installations.
(8) Service Call (Repairs). Seventy percent (70%) of all repair requests shall be
acted upon within twenty four (24) hours; ninety percent (90%) within ninety six (96) hours.
All requests shall be resolved within five (5) business days unless good and sufficient cause
24
exists. Any service call not resolved within five (5) business days shall be reported in writing
to the CATV Committee by Franchisee within two (2) business days thereafter.
(9) Telephone Waitinq Time. During normal business hours, ninety percent
(90%) of all telephone calls shall be picked up on or before the fourth ring and no caller shall
be allowed to wait for more than ten (10) rings. Waiting time shall not exceed an average of
thirty (30) seconds total for any caller, and no caller shall be transferred except for
specialized services.
(c) Complaint Policy and Records.
(1) Complaint Policy. Franchisee shall promulgate written policy statements
and procedures for reporting and resolving Subscriber complaints. Franchisee shall
furnish a copy of the policy to each new Subscriber upon installation and thereafter to all
Subscribers at least annually, and to the City and all Subscribers at such time as there is
any change in such policy.
(2) Complaint Records. Franchisee shall maintain records showing the date of
receipt of all written complaints received (including those received via electronic mail) and
identifying the Subscriber, the nature of the complaint, and the date action was taken by
Franchisee in response thereto, together with a description of such action. Such records
shall be kept available at Franchisee's local office for at least two (2) years from date of
receipt, for inspection by the City as it may at any time and from time to time reasonably
request, during business hours and upon reasonable notice. A periodic log ofall complaints
and resolutions, by category, shall be provided to the City and the CATV Committee or its
designee upon request. Complaints that remain unresolved for a period of ten (10) working
days or more shall be reduced to writing by the Franchisee and submitted to the City or its
designee for appropriate action.
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(3) Complaint Notice. Franchisee shall provide written notice detailing all actions
taken to resolve complaints submitted to the City within five (5) business days from written or
telephone notification by the City of the complaint. Franchisee shall provide service-call and
outage reports to the City or the CATV Committee upon request.
(d) Free Basic Service. Franchisee shall provide basic tier service and the most widely
subscribed-to tier of cable programming service without charge to each Local Government Occupied
Building, fire station, police station, any other City-owned or City-occupied buildings (excluding
housing units and buildings owned by the City but not used for governmental or educational
purposes), the Roanoke Higher Education Center, all Elementary and Secondary Schools, public
library, state-accredited private schools with at least fifty (50) students, and public, private or
community college academic buildings within its Service Area, as requested by City. One standard
drop into such building and into a room or office designated by the recipient, one converter (if
needed) per building, and continued delivery of the required service throughout the term of the
Franchise shall constitute compliance. Any attached identified structures shall be treated as
separate buildings. This subsection shall apply to any building meeting the classifications listed,
regardless whether such building existed as of the effective date of this Ordinance or was
constructed or occupied after the effective date hereof. The Service recipient shall be responsible
for securing Franchisee's right of access to the building(s) at no cost to the Franchisee.
(e) Emerqency Communications. At least one person in responsible charge of
Franchisee's operations in the Service Area shall be available by local telephone during such hours
as Franchisee's business office is closed, and the telephone number of such person shall be
supplied in advance to the City's chief executive official, the presiding officer of Council, the City's
Police and Fire Departments, and the Emergency 911 Center.
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(f) Subscriber Antennas. Notwithstanding any disconnection of Subscribers' existing
antennas and downleads to receivers connected to the Cable System, the Cable System shall be
designed so that physical removal of antennas and downleads will not be required to receive
Service, and so that the Subscriber may utilize such antennas at any time in place of the Cable
System service.
(g) Parental Guidance Control. Consistent with the Cable Act (47 U.S.C. §544(d)(2)(A)),
Franchisee shall make available to any Subscriber so requesting, at reasonable cost, a "parental
guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and
video reception of any or all of the premium service channels. Franchisee shall notify all
Subscribers of the availability of such parental-control devices.
(h) Call Recordinq Service for Current Known Outaqes. Franchisee shall provide a
telephone number which provides a recorded message or access to an employee or agent of
Franchisee, on a twenty four (24) hour basis. The recorded message shall describe current known
System deficiencies and outages and thereafter accept recorded messages from Subscribers, who
may leave their names; request service; report outages; and request credit for down time.
(i) Preventative Maintenance. Franchisee shall establish and adhere to a preventive
maintenance policy directed toward maximizing the reliability and maintainability of the Cable
System with respect to its delivery of Cable Service to Subscribers at or above the technical
standards established by the FCC. When it is necessary to interrupt Cable Service for the purpose
of making repairs, adjustments, installations or other maintenance activities, Franchisee shall do so
at such times as will cause the least inconvenience to its Subscribers, generally between the hours
of 11:30 p.m. and 6:30 a.m. the next morning.
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(j) Repair Capability. Franchisee shall maintain sufficient qualified technicians, service
vehicles, and test and repair equipment to provide repair service within the parameters set forth
below.
(k) Notice. Except in an emergency, or when System maintenance or repair occurs
between the hours of 11:30 p.m. and 6:30 a.m., Franchisee shall give Subscribers at least twenty-
four (24) hours' notice of any interruption of Cable Service for purposes of maintenance or repair. In
an emergency, Franchisee shall give such notice as is reasonable in the circumstances. Notice
given on the Alphanumeric Channels shall be considered sufficient. When Subscriber channels will
be interrupted, normal scheduled service and repair shall be performed between the hours of 11:30
p.m. and 6:30 a.m. the next morning.
(I) Refund for Outage. For any continuous service interruption or loss of service in
excess of twenty-four (24) hours, Franchisee shall make a pro-rated refund of such Subscriber's
regular monthly charge for the service to each Subscriber so affected, upon request of such
Subscriber. The twenty-four (24) hour period shall commence when Franchisee learns of such
outage whether through Subscriber notification or notification by Franchisee's maintenance
personnel. Such refunds shall be prorated by multiplying the applicable monthly service rate by a
fraction whose numerator equals the number of days of the outage and whose denominator equals
the number of days in the month of the outage. For purposes of this paragraph, an outage shall be
defined as a Subscriber's receipt of less than two thirds (2/3) of the authorized basic service and
most widely subscribed to tier of cable programming service channels, or loss of any premium
channel loss. Franchisee shall not be required to grant a refund in the event that an outage is
caused by any Subscriber.
(m) Billinq Practices. Franchisee shall maintain written billing practices and policies and
shall furnish a copy thereof to the City, the CATV Committee, and all Subscribers, and to each new
28
Subscriber. The City and all Subscribers shall be notified in writing thirty (30) days in advance of
any changes. Franchisee shall comply with all relevant state and federal laws and regulations with
respect to its billing practices.
(n) Pro-rated Service. In the event a Subscriber's service is terminated for any reason,
monthly charges for service shall be pro-rated on a daily basis. Where advance payment has been
made by a Subscriber, the appropriate refund shall be made by Franchisee to the Subscriber within
thirty (30) days of such termination, unless the amount is less than $5.00, which amount shall be
refunded only upon the Subscriber's request.
(o) Disconnection for Non-Payment. Franchisee shall have the right to disconnect a
Subscriber for failure to pay an overdue account provided that:
(1) Franchisee's billing practices and policy statements have set forth in writing
the conditions under which an account will be considered overdue; and
(2) Franchisee provides written notice of its intent to disconnect at least fifteen
(15) days prior to the proposed disconnection; and
(3) The Subscriber's account is at least thirty (30) days delinquent computed from
the first day of service for which payment has not been made.
(p) Installation of,Equipment. Unless otherwise provided by law, Franchisee shall not
install its System on private property without first securing written permission of the owner or tenant
in possession of such property or the written permission of the holder of any easement for utility
lines or similar purposes, and in accordance with law. Upon request, Franchisee shall inform
owners and tenants of the functions of all equipment installed on private property.
(q) Monitorinq and Privacy. Unless otherwise provided by law, neither Franchisee nor
any of its officers, employees, agents or contractors shall, without prior written consent of all affected
parties, tap, monitor or arrange for the tapping or monitoring of any drop, outlet or receiver for any
29
purpose whatsoever other than legitimate technical performance testing of the Cable System or the
monitoring of subscriber cable service, or where such tapping or monitoring is required by law.
Franchisee shall comply with relevant federal and state statutes regarding the monitoring of Service
and providing Subscriber information to government entities. Franchisee shall at all times comply
with the Cable Act (47 U.S.C. §551 ) with regard to the protection of Subscriber privacy.
(r) Subscriber Lists or Information. Unless otherwise provided by law, Franchisee shall
not sell, disclose, or otherwise make available, or permit the use of, lists of the names or addresses
of its Subscribers, or any list or other information which identifies individual Subscriber viewing
habits, to any person or entity for any purpose whatsoever without the consent of such Subscriber,
all in accordance with and subject to the provisions of the Cable Act and applicable law. This
provision shall not prevent Franchisee from performing such acts as may be necessary for the
purpose of service related activities, including surveys.
Section 11. Filinqs with City.
(a) In addition to other filings that may be set forth herein, every Franchisee shall
maintain, and file with the City Manager upon request, true and accurate strand maps (in either
electronic or, if the Franchisee and City otherwise agree, in hard copy) of all existing and proposed
installations in the Streets. The City hereby reserves the right to reject any proposed installation
that does not conform to its ordinances, regulations or practices concerning construction in the
Streets. The City may order and direct the Franchisee, at Franchisee's sole cost, to move the
location or alter the construction of any existing installation to facilitate or accommodate the
installation, alteration, repair or changing of the grade or location of a streei, or the construction,
alteration, repair or installation of any other public works or the construction of public improvements
in, on, or under the Streets. Every Franchisee shall also maintain and, upon request, make
30
available at its local office, for review and copying by the City, true and accurate as built maps of all
existing installations.
(b) Every Franchisee shall file annually with the City Manager a statement setting forth
the names and addresses of all its directors and officers and the position that each holds, which
statement may consist of the Franchisee's annual report.
(c) Upon request, a Franchisee shall file with the City Manager copies of rules,
regulations, terms and conditions adopted by the Franchisee for the conduct of its business.
Section 12. Construction and Installation of the System.
(a) The City shall have the right to inspect all construction or installation work performed
by a Franchisee within the Service Area, and to make such inspections as the City deems necessary
to ensure compliance with the terms of this Ordinance, other pertinent provisions of law and any
Franchise granted hereunder. No poles, underground conduits, or other wire or cable-holding
structures shall be erected by a Franchisee without prior approval of the City or its duly authorized
personnel, or, unless such consent is not required by applicable law, by abutting property owners
where the City does not own, or hold some other right of way property interests in, the area in which
such structures are to be erected. To the extent possible, a Franchisee shall use existing poles
and underground conduits throughout the City. Any poles, underground conduits or other fixtures
that a Franchisee is authorized by the City to install must be placed in a manner so that they do not
interfere with or obstruct the usual travel on the public Streets or interfere with any existing utility
services. At the time any trench is opened for installation or maintenance of conduit or underground
cable, a Franchisee shall give the City at least ten (10) days advance written notice of such work
and inform the City of the incremental cost of installing one additional conduit for the exclusive use
of the City of such dimension as specified by the City, and unless the City otherwise directs
Franchisee in writing, Franchisee shall install such conduit at a charge no greater than the actual
31
incremental cost of labor and materials for such additional conduit. All construction activities of a
Franchisee shall be conducted in a workmanlike manner that will cause minimum interference with
the rights and reasonable convenience of the public's and other utilities' use of the Streets and of
the property owners directly affected thereby. Every Franchisee shall maintain all structures, cable
and related Cable System equipment that are located in, over, under, and upon the Streets in a
safe, suitable, substantial condition and in good order and repair at all times.
(b) All construction, installation and repair by a Franchisee shall be effectuated in a
manner that is consistent with the FCC's rules, relevant local building codes, zoning ordinances and
laws, all City and other governmental laws, codes or ordinances relating to public works or the
Streets, and other regulatory requirements, the National Electrical Safety Code, and other standards
of general applicability to Cable Systems. No Franchisee shall commence any construction without
obtaining all local zoning and other approvals, permits and other licenses generally applicable to
other entities performing such construction, and paying all costs and fees normally imposed or
charged therefor.
(c) A Franchisee shall be required to extend energized trunk cable and make Cable
Service available to any and all portions of the City within the limits of its defined Service Area with a
density of at least twenty (20) Homes per linear mile for aerial installations and thirty (30) Homes per
linear mile for underground installations. For purposes of calculating this density requirement, all
Homes within one hundred fifty (150) feet of any Street or other right-of-way suitable for cable trunk
installation shall be counted in density determinations, and shall be considered as satisfying the 20
or 30 Homes- per-mile density requirement, as appropriate. In the event that the owner of any
Home or other structure within a Franchisee's Service Area not meeting the density requirement is
willing to agree in writing to pay the excess cost of extending Cable Service to that location, then a
Franchisee so requested by such owner shall provide Cable Service to such Home or other
32
structure, provided that such owner's payment obligation shall only apply to the actual costs
incurred, without markup, in extending cable more than 150 feet from any trunk line.
(d) In case of any disturbance of pavement, sidewalk, driveway or other surface, a
Franchisee Shall, at its sole cost and expense and in a manner approved by the City or as required
by any applicable City policy or standards generally applicable to similar construction in the Streets,
replace and restore all paving, sidewalk, driveway or surface disturbed in as good condition a~
before such work was commenced.
(e) In the event that at any time during the period of a Franchise, the City or VDOT shall
elect to alter or change the grade, width, or other characteristic of any Street, alley or other public
way, the affected Franchisee, upon reasonable notice by the City or VDOT, at Franchisee's sole
cost, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and
other fixtures or equipment as directed by the City or VDOT.
(f) No Franchisee shall place any poles or other fixtures where the same will interfere
with any gas, electric or telephone fixture, water hydrant, main, or sewer, and all such poles or other
fixtures placed in any Street shall be placed in accordance with the City's requirements or as
established by any applicable City policy or standards.
(g) A Franchisee shall, on the request of any person holding a building moving permit
issued by the City, temporarily raise or lower its wires or Cable to permit the moving of buildings.
The expense of such temporary removal, raising or lowering of wires or cable shall be paid by the
person requesting the same, and the Franchisee shall have the authority to require such payment in
advance. The Franchisee shall be given not less than seven (7) days advance notice to arrange for
such temporary wire or cable changes.
(h) Every Franchisee shall have the authority to trim trees upon and overhanging
Streets, alleys, sidewalks and public rights-of-way of the City so as to prevent the branches of such
33
trees from coming in contact with the wires and cables of the Franchisee, provided that all trimming
shall be done in accordance with the ANSI 300, American National Standard for Tree Care
Operation (or any such successor standard), and under the supervision and direction of the City or
VDO'r' and at the sole expense of the Franchisee. The City or VDOT specifically reserves the right
to prohibit the trimming of any tree where the City or VDOT deems that such trimming would be
inappropriate. An explanation for the denial shall be provided in writing.
(i) No Franchisee shall install above-ground facilities in any portion of its Service Area
where ail public utility lines are underground, or in any area of the City designated as an
underground utility area, and every Franchisee shall be obligated to relocate its existing facilities
underground in any portion of its Service Area within ninety (90) days after all public utility lines in
that portion of its Service Area have been placed underground, provided, however, that Franchisee
may request a partial waiver of this requirement with respect to certain ground-mounted
appurtenances, such as Subscriber taps, line extenders, System passive devices (splitters,
directional couplers, etc.), amplifiers, power supplies, network reliability units, pedestals, or other
related equipment.
(j) Vehicles owned or leased by a Franchisee and used in the installation, construction
or repair of the Franchisee's System or installation or repair on Subscribers' premises shall be
marked with the Franchisee's identity, and all employees, contractors and subcontractors of a
Franchisee shall carry identification, to be produced upon request, which shall provide the
employee, contractor, or subcontractor's name, local business address and local business
telephone number.
Section 13. Emer.qency Alert System.
Every Franchisee shall comply with the federal Emergency Alert System ("EAS") standards
established by Part 11 of the FCC's Rules (47 C.F.R. §11 ) and any state or local EAS plan approved
34
thereunder. In addition, and to the extent not preempted by federal law or regulation, each
Franchisee shall provide for use by such authorized persons as are designated by the City, an
emergency override capability whereby the audio or video portion of programming carried on all
channels may be interrupted for the insertion of emergency information. The City may grant relief
from the requirements of the foregoing sentence if the City determines in its sole discretion that a
Franchisee's compliance with the federal EAS standards and/or any state or local EAS plan
approved thereunder will provide the same functional capability to disseminate emergency
information to Subscribers.
Section 14. Limits on Rights of Way.
This Ordinance shall not be construed to mean that the City, by granting any Franchise
hereunder, provides any Franchisee the right to use any Street, right-of-way or property controlled by
VDOT or by any person other than the City. Every Franchisee hereunder shall be required to
comply with any and all VDOT regulations and requirements set forth for the use of such Streets or
rights-of-way controlled by VDOT and may be required to separateiy obtain from private parties and
others necessary consents, not otherwise preempted by federal or state statute or regulation, to use
any other rights-of-way not controlled by or vested in the City prior to the installation of any Cable on,
under or over the property so affected.
Section 15. Approval Required for Franchise Transfer.
No Franchisee shall sell, assign, transfer or Pease its plant or Cable System to another
person, nor transfer any rights under a Franchise to another person, nor may control of a Franchisee
be transferred, without the Franchisee having first made written application pursuant to Section 4(f),
above, for Council's consent to such transfer and without prior Council approval of such transfer on
such reasonable terms and conditions as the Council may impose. No sale, transfer, assignment or
lease shall thereafter be effective until the vendee, assignee, transferee or lessee has filed in the
35
office of the City Manager an instrument, duly executed, reciting the fact of such sale, assignment,
transfer or lease, accepting and agreeing to be bound by the provisions of this Ordinance and a
Franchise granted pursuant hereto, and agreeing to perform all the conditions that may be imposed
by the Council pursuant to its consent. Consent for the transfer, sale, assignment or lease shall not
unreasonably be withheld; provided, however, that any costs incurred by the City in evaluating
and/or approving such transfer, sale, assignment or lease, not to exceed $5,000.00, shall be paid
within 30 days after the submission of an invoice therefor by the City, and no such transfer, sale,
assignment or lease shall become effective until such payment is made.
Section 16. City Right in Franchise.
(a) The right is hereby reserved by the City to adopt, in addition to the provisions herein
contained and in existing applicable ordinances, such additional regulations as it shall find
necessary and that are a lawful exercise of its police power.
(b) The City shall have the right to supervise, inspect and approve or disapprove all
construction or installation work performed by a Franchisee in the Streets, subject to the provisions
of this Ordinance and other City laws, ordinances, resolutions, rules and regulations, and to make
such inspections as it shall find necessary to ensure compliance with applicable City laws,
ordinances, resolutions or regulations.
(c) All Streets, rights-of-way, and easements that a Franchisee is permitted to use
hereunder shall remain the property of the City or VDOT, as appropriate. Until such time as poles or
other equipment are actually installed by a Franchisee, and in the event of future removal of such
poles or other equipment, such rights shall remain vested in or immediately revert to the City or
VDOT and, in the event of removal, a Franchisee's rights therein shall automatically be canceled.
(d) At the time a Franchise becomes effective, the City may require the Franchisee to
furnish to the City a City-approved security, in such form and with such sureties as shall be
36
acceptable to the City, guaranteeing the payment of all sums which may at any time become due
from the Franchisee to the City under the terms of this Ordinance and any Franchise granted, and
further guaranteeing the faithful performance of all obligations of the Franchisee under the terms of
this Ordinance and the agreement reflecting the grant of the Franchise. The amount of the security
shall be $300,000 unless a franchise agreement otherwise provides. In the event of default under
this Ordinance or a Franchise granted pursuant to this Ordinance, the City shall not assume any
liability, obligation or responsibility, but shall instead be entitled, without prejudice to any other
remedy available to the City, to levy on and collect from such security all amounts necessary to
render the City whole.
(e) If at any time after the date a Franchisee's Cable System is activated to provide
Cable Service, the Franchisee shall fail materially to comply with the terms of this Ordinance or any
Franchise granted, and shall continue to fail to comply or fail to commence taking steps reasonably
calculated to cause such compliance for a period of thirty (30) days after receiving notice in writing
of non-compliance from the City, the Franchisee shall be assessed a monetary forfeiture by the
Office of the City Manager of not less than $100.00 nor more than $1,000.00 for each day's failure
to comply from the date of the first non-compliance, with each day's failure to comply being a
separate and distinct offense. The provisions of this sub-section shall not apply if non-compliance is
occasioned by events beyond the control of the Franchisee, provided that such events were not
proximately caused by the Franchisee's acts or failure to act. In the event the Franchisee shall in
good faith contest its liability or the amount of any forfeiture imposed under this Section, no further
forfeiture need be paid until such liability is established by the City Council, and should such liability
be established by the City Council, such determination shall be final, and the Franchisee shall have
thirty (30) days within which to comply and within which to pay all forfeitures assessed. In the event
the Franchisee does not then comply and pay all forfeitures assessed, the City shall have the option
37
(i) to initiate judicial collection proceedings; (ii) to collect upon any security posted; and/or (iii)
implement procedures to revoke the Franchise and declare the security forfeited.
Section 17. Franchise Fee,
(a) Unless a lesser amount is specified in a Franchise, each Franchisee shall pay the
City on a quarterly basis a fee (a "Franchise Fee") equal to five percent (5%) of its Gross Revenues
derived from the immediately preceding calendar quarter. The Franchise Fee for each calendar
quarter shall be paid to the City no later than thirty (30) days after the end of the calendar quarter on
which such fee is based. Such payment shall be accompanied by a report, in a form acceptable to
the City, itemizing the revenue sources on which the fee payment was calculated and showing how
the payment amount was calculated. Any payment made after the date on which it is due shall be
subject to a five percent (5%) late payment fee plus interest at the rate that the City is then currently
charging for late payments owed to the City. Each Franchise Fee payment shall be accompanied by
a summary report showing G ross Revenues received by the franchisee from its operations within the
City during the preceding quarter and such other information as the City shall reasonably request
with respect to the Franchisee's service within the City.
(b) 'The City shall have the right to verify by an audit conducted by an independent
auditor of its own choosing, that a Franchisee has paid the correct amount of Franchise Fee, and if
such audit discloses that a Franchisee's reporting of its Gross Revenues for the audit period has
been understated by three percent (3%) or more, said Franchisee shall compensate the City for its
reasonable audit expenses. The Franchisee shall grant the City or its auditors access to all relevant
documents, records and information relevant to determining whether the Franchisee has paid the
correct Franchise Fee. Consistent and material under-reporting of a Franchisee's Gross Revenues
over two or more consecutive calendar quarters shall be grounds for revocation of a Franchise.
38
(c) In addition to the audit process of Section 17(b), each Franchisee shall, not less than
annually, submit a report from an independent cedified public accounting firm reasonably acceptable
to the City, certifying to the accuracy of all Franchise Fee payments made for the immediately
foregoing four quarters and the compliance of those payments with the requirements of this
Ordinance and any Franchise granted hereunder. This annual report shall be in a form consistent
with the form specified to accompany quarterly payments under section 17(a).
(d) In the event that federal, state, or other regulatory agencies permit a greater or lesser
Franchise Fee than set forth in this Ordinance, such payment obligation may be increased or
decreased to the maximum amount permissible, upon approval of such increase or decrease by the
City Council and not less than ninety (90) days advance notice to each affected Franchisee.
(e) Consistent with applicable law, no fee, tax or other payment required to be made by a
Cable System operator to the City, including payment of a Business, Professional or Occupational
License fee or tax, shall be deemed as part of the Franchise Fee payable to the City hereunder, so
long as such fee, tax or other payment obligation is imposed on a non-discriminatory basis on other
similarly situated entities doing business within the City.
Section 18. Record~orts.
The City and its representatives shall have access during normal business hours to a
Franchisee's plans, maps, electronic data, documents, contracts, and engineering, accounting,
financial, and statistical data, and, subject to the Subscriber privacy provisions of Section 631 of the
Cable Act (47 U.S.C. § 551 ), customer and service records relating to the Cable System and its
operation within the City by the Franchisee and to all other records required to be kept hereunder.
The City may review, copy, and audit any such records, documents or electronic data.
39
Section 19. Franchise Revocation.
(a) Whenever any Franchisee shall refuse, neglect or willfully fail to construct, operate or
maintain its Cable System or to provide Cable Service to its Subscribers in substantial accordance
with the terms of this Ordinance or any applicable rule or regulation, or materially breaches its
Franchise Agreement, or materially violates this Ordinance or other law, ordinance, resolution, rule,
or regulation, or practices any fraud or deceit upon the City or its Subscribers within the City, or fails
to pay Franchise Fees, or if such Franchisee becomes insolvent, as adjudged by a court of
competent jurisdiction, or is unwilling or unable to pay its uncontested debts, or is adjudged
bankrupt, or seeks relief under the bankruptcy laws of the United States or any state, then the
Franchise may be revoked.
(b) In the event the City believes that grounds for revocation exist or have existed, it may
notify the affected Franchisee in writing, setting forth the facts on which such belief is grounded. If,
within thirty (30) days following such written notification, the Franchisee has not furnished
reasonably satisfactory evidence to the City that corrective action has been taken or is being actively
and expeditiously pursued to completion, or that the alleged violations did not occur, or that the
alleged violations were beyond the Franchisee's control, the City may call and give notice of a
hearing, pursuant to the hearing requirements set forth in Section 20 of this Ordinance to consider
revocation of the Franchisee's Franchise. If the City, following such hearing, finds that grounds for
revocation exist, the Council may by resolution or ordinance duly adopted revoke for cause the
Franchise granted to such Franchisee.
(c) In the event that the Franchise has been revoked, the City shall, to the extent then
permitted by existing law, have the option to:
(i) acquire, at fair market value excluding any value attributable to the
Franchise itself, all the assets of the Franchisee's System located within the City; or
40
(ii) require the sale, at fair market value excluding any value attributable to the
Franchise itself, of all such assets of the Franchisee's System to another person; or
(iii) require the removal of all such assets from the City, at Franchisee's sole
expense (or, if Franchisee fails to do so, the City may remove those assets at Franchise's sole
expense); or
(iv) if such assets are abandoned or deemed abandoned under applicable law,
succeed to ownership or title thereof.
Unless some later date is agreed to by the Franchisee, such option must be exercised by the
City within one (1) year from the date of the revocation of the Franchise, or the entry of the final
judgment by a court reviewing the question of the revocation, or the entry of a final order upon
appeal of same, whichever is later. In any Franchise revocation proceeding, if the City and a
Franchisee cannot agree upon the fair market value excluding any value attributable to the
Franchise itself of the Franchisee's assets located within the City then the City and the Franchisee
shall each at their own cost select a different independent appraiser (each of whom shall be an
active member of and be certified by the Appraisal Institute or its successor) who shall each provide
an appraisal of the value at issue. If the greater appraised value does not exceed the lesser
appraised value by more than ten percent (10%) of such lesser value, then the two appraised values
shall be averaged and the resultant value shall be binding upon the City and the Franchisee; if the
greater appraised value exceeds the lesser appraised value by more than ten percent (10%), then
the two previously chosen appraisers shall together choose a third independent appraiser, who shall
have no knowledge of the prior appraised values, and who shall provide an appraisal of the value,
which shall be binding upon the City and the Franchisee. Any valuation determined in accordance
with the immediately foregoing procedures shall conclusively be deemed as an equitable price, as
specified at 47 U.S.C. § 547.
41
(d) The revocation of a Franchisee's rights as set forth herein shall in no way affect any
other rights the City may have under the Franchise with such Franchisee or under this Ordinance or
any other provision of law or ordinance. Notwithstanding the pendency or culmination of any
proceedings terminating a Franchise, the City may nonetheless by Council action extend for a period
of not more than two (2) years beyond the proposed or actual date of termination the entitlement of
the affected Franchisee to operate the Cable System, during which period all provisions of this
Ordinance and the applicable Franchise Agreement shall govern such operations.
Section 20. Hearinq Requirements for Matters Affectinq Franchises.
Whenever a requirement is set forth herein for a public hearing or meeting to be called
concerning any matter related to the evaluation, modification, renewal, revocation or termination of
any Franchise issued pursuant to this Ordinance, such hearing or meeting shall not be held unless,
in addition to any applicable notice requirements of Virginia law, the City shall have advised the
Franchisee in writing, at least thirty (30) days prior to such hearing or meeting, and provided notice
to the public as required by Jaw. In addition, the City may require the affected Franchisee to, and
when so required the Franchisee shall, give notice of such hearing, and any continuation thereof, by
announcement on its Cable System in such manner, on such channels and at such times as both
parties shall find to be reasonable under the cimumstances. Any such hearing may be adjourned
from time to time as legally permitted without further notice other than the announcement, at the time
of adjournment, of the time and place of the continued hearing and such announcement, if any, as
the City may require the Franchisee to make on its Cable System.
Section 21. Costs.
The City may require that each applicant for an initial, renewal, modification or transfer of a
Franchise compensate the City for its direct, out of pocket costs incurred in the award of a Franchise
hereunder, including the City's expenses incurred for special counsel or consultants retained to
42
assist it in such award. A bill for such costs as are then determinable may be presented to the
Franchisee by the City upon the franchisee's filing of its acceptance of a Franchise hereunder, and if
so presented shall be paid at that time, and such additional costs as are determined as payable by
the City shall thereafter be paid within fourteen (14) days of presentment to the Franchisee.
Section 22. Open Video System Operation.
In the event that any person shall obtain certification from the FCC as an Open Video
System ("OVS") operator and thereafter offer or continue to provide service within the City as an
OVS operator, then all portions of this Ordinance which are, or may lawfully be, applicable under
governing statute or regulation to OVS operators, including payment of required fees, which may
otherwise be imposed upon cable television operators (including, without limitation, franchise fees),
shall apply without interruption or abatement to such person except to the extent expressly
prohibited by law or regulation.
Section 23. Severability.
(a) All terms and conditions of this Ordinance and any Franchise are subject to the rules
and regulations of, and to any required approval of, federal and state agencies. If any provision of
this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of
competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now
or hereafter to become in effect, or is held by such court or agency to be modified in any way in
order to conform to the requirement of any such law, rule or regulation, such provision shall be
considered a separate, distinct and independent part of this Ordinance or the Franchise, and such
holding shall not affect the validity and enforceability of any other provisions of this Ordinance orthe
Franchise.
43
(b) Notwithstanding the foregoing, if any part of this Ordinance or any Franchise is found
to be invalid by the FCC or any court of competent jurisdiction, then the parties shall renegotiate
such part to preserve, to the extent permitted by law, the benefit of the parties' original bargain. In
the event that such law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed, so that the provision hereof which had been held invalid or modified is no longer
in conflict with the law, rules, and regulations then in effect, said provision shall thereupon return
immediately to full force and effect, at the option of the City.
Section 24 Acceptance of Franchise.
No Franchise shall be deemed as granted or renewed pursuant to this Ordinance unless
such grant or renewal be approved by the Council and, within fourteen (14) days after its receipt of a
Franchise provided by the City, the applicant therefor acknowledges its acceptance of the provisions
of this Ordinance and accepts and executes the Franchise, files such acknowledgement,
acceptance and agreement with the City, and provides payment of all sums due hereunder and
submits all documentation required hereunder.
Section 25. Franchisee to Abide by Applicable Laws.
By accepting a Franchise and executing a Franchise Agreement, a Franchisee agrees that it
will abide by all applicable federal, state and local laws, rules and regulations.
Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions.
All prior ordinances or resolutions or parts thereof concerning cable television that are
inconsistent with or contravene this Ordinance or any Franchise granted thereunder are hereby
repealed as of the effective date of this Ordinance.
44
Section 27. Second Reading Dispensed With.
Pursuant to Section 12 of the Roanoke City Charter, the second reading of this Ordinance by
title paragraph is hereby dispensed with.
Section 28. Effective Date.
The effective date of this Ordinance shall be October 31,2003.
Appendix A: FCC Customer Service Standards 47 C.F.R. § 76.309.
ATTEST:
CITY CLERK.
45
APPENDIX A
FCC CUSTOMER SERVICE STANDARDS
47 C.F.R. §76.309
76.309 Customer service obligations
(a) A cable franchise authority may enforce the customer service standards set forth in section
(c) of this rule against cable operators. The franchise authority must provide affected cable
operators ninety (90) days written notice of its intent to enfome the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1) A franchising authority and a cable operator from agreeing to customer service
requirements that exceed the standards set forth in section (c) of this rule;
(2) A franchising authority from enforcing, through the end of the franchise term, pre-existing
customer service requirements that exceed the standards set forth in section (c) of this rule and
are contained in current franchise agreements;
(3) Any State or any franchising authority from enacting or enforcing any consumer
protection law, to the extent not specifically preempted herein; or
(4) The establishment or enfomement of any State or municipal law or regulation concerning
customer service that imposes customer service requirements that exceed, or address matters
not addressed by, the standards set forth in section (c) of this rule.
(c) Effective July 1, 1993, a cable operator shall be subject to the following customer service
standards:
(1) Cable system office hours and telephone availability.
(i) The cable operator will maintain a local, toll-free or collect call telephone access line
which will be available to its subscribers 24 hours a day, seven days a week.
(A) Trained company representatives will be available to respond to customer telephone
inquiries during normal business hours.
(B) After normal business hours, the access line may be answered by a service or an
automated response system, including an answering machine. Inquiries received after normal
business hours must be responded to by a trained company representative on the next business
day.
(ii) Under normal operating conditions, telephone answer time by a customer representative,
including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call
needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards
(ii) Credits. Credits for service will be issued no later than the customer's next billing cycle
following the determination that a credit is warranted.
(4) Definitions.
(i) Normal Business Hours. The term "normal business hours" means those hours during
which most similar businesses in the community are open to serve customers. In all cases,
"normal business hours" must include some evening hours at least one night per week and/or
some weekend hours.
(ii) Normal Operating Conditions. The term "normal operating conditions" means those
service conditions which are within the control of the cable operator. Those conditions which are
not within the control of the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within the control of the cable operator include,
but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or
seasonal demand periods, and maintenance or upgrade of the cable system.
(iii) Service Interruption. The term "service interruption" means the loss of picture or sound
on one or more cable channels.
3
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telophone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Subject: Adoption of a revised Cable Television
Franchise Ordinance and Approval of a
Renewal Cable Television Franchise
Agreement
Dear Mayor Smith and Members of City Council:
Pursuant to Ordinance No. 30479-42291, the City entered into a Cable Television
Franchise Agreement, dated as of May 1, 1991, for a term of 12 years with Cox Cable
Roanoke, Inc., predecessor in interest to CoxCom, inc., d/b/a Cox Communications
Roanoke. At about the same time, Roanoke County and the Town of Vinton also
entered into very similar Franchise Agreements. Such agreements arose out of the
three jurisdictions negotiating jointly with Cox Cable Roanoke, inc.
CoxCom, inc., d/b/a Cox Communications Roanoke (Cox), has requested a renewal
franchise with the City, Roanoke County, and the Town of Vinton. Representatives of
the three jurisdictions have been negotiating with Cox for such a renewal agreement.
On April 21, 2003, by Ordinance No. 36290-042103, City Council extended the 1991
Cable Television Franchise Agreement for six months, until October 31, 2003, to allow
renewal negotiations to be completed. Such negotiations have been completed, and a
Cable Television Franchise Agreement acceptable to the City of Roanoke, Roanoke
County, the Town of Vinton and Cox has been reached among the parties, subject to
approval by City Council, and the governing bodies of the other two jurisdictions for their
respective agreements. In connection with the negotiations, the City retained an
outside consultant familiar with cable television franchising matters. During the
Mayor Smith and Members of City Council
October 6, 2003
Page 2
negotiation process, it was also recommended that the City's prior Cable Television
Franchise Ordinance adopted on April 22, 1991, Ordinance No. 30478-42291, be
replaced with a revised Cable Television Franchise Ordinance. Such a revised Cable
Television Franchise Ordinance has been drafted by the consultant and reviewed by
representatives of the three jurisdictions and by Cox and is attached to this letter as
Attachment 1. The representatives of the City and the consultant for the City
recommend the adoption of such revised Cable Television Franchise Ordinance, and
Cox has no objections to that ordinance. The purpose of such action is to update the
prior ordinance and incorporate current legal requirements.
The renewal Cable Television Franchise Agreement arrived at among the parties is
attached as Attachment 2 to this letter. Some of the terms of the Agreement include the
following:
The Agreement will be for a term of 15 years, from November 1, 2003
through October 31,2018.
Cox will provide a capital grant for educational and governmental access
capital equipment and facilities in the total amount of $1,150,000.00 to be
paid as follows:
a. $575,000 to be paid on or before May 1,2004;
b. $345,000 to be paid on or before November 1,2006; and
c. $230,000 to be paid on or before November 1,2008.
Payment of the above funds will be made to the fiscal agent for the
Roanoke Valley Regional Cable Television Committee, as it has been in
the past. This Committee consists of representatives of the three
jurisdictions that cooperatively operate Roanoke Valley Television,
Channel 3 ("RVTV"), for governmental and educational access channel
purposes. The funds will be used to provide capital funding for such
governmental and educational access purposes by the Committee, but
operational funding will still need to be provided by the three jurisdictions.
Cox will continue to carry RVTV on channel 3 on Cox's system, and will
also continue to provide a public access channel. Cox also will provide up
to five additional governmental or educational access channels based on
a showing of need for such channels.
Cox will pay to the City a franchise fee in the amount of 5% of gross
revenues, in accordance with Section 17 of the revised Cable Television
Franchise Ordinance. (The amount of franchisee fee payments that the
City received from Cox in FY03 was approximately $984,000. The
amount budgeted to be received in FY04 is approximately $1,049,000.)
Mayor Smith and Members of City Council
October 6, 2003
Page 3
There are various other items set forth in the Agreement which are set forth in
Attachment 2. Furthermore, although the City can regulate rates within limits for the
cable operator's basic tier under current federal law, the City cannot regulate any rates
for any tiers above the basic tier, nor can the City regulate the programming that Cox
carries on its system (other than the access channels). Those are matters left to the
discretion of the cable television operator under current federal law.
A public hearing on both the revised Cable Television Franchise Ordinance and the
Cable Television Franchise Agreement will be held at Council's meeting today, October
6, 2003. After the public hearing, Council will be asked to take the action noted below.
Recommended Action:
Council adopt the revised Cable Television Franchise Ordinance referred to above and
provide for an effective date of such Ordinance to be October 31,2003.
Approve the terms of the Cable Television Franchise Agreement referred to above and
authorize the City Manager to execute such Agreement between the City and CoxCom,
Inc., d/b/a Cox Communications Roanoke, in a form substantially similar to the one
attached as Attachment 2 to this letter, in a form approved by the City Attorney. The
Agreement will provide for the items mentioned above and such other terms and
conditions as are deemed to be in the best interest of the City.
Authorize the City Manager to take such further actions and execute such additional
documents as may be necessary to implement and administer the Cable Television
Franchise Agreement.
Respectfully submitted,
Darlene L. B~
City Manager
DLB:rm
C:
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Roy Mentkow, Acting Director of Technology
CM03-00202
CABLE TELEVISION FRANCHISE
AGREEMENT
by and between
THE CITY OF ROANOKE,
VIRGINIA,
and
COXCOM, INC. d/b/a/COX
COMMUNICATIONS
ROANOKE,
as of
NOVEMBER 1, 2003
TABLE OF CONTENTS
Section 1. DEFINITIONS ............................................................................................................. 2
Section 2. GRANT ........................................................................................................................ 2
Section 3. TERM.
Section 4. INTERCONNECT ....................................................................................................... 2
Section 5. SYSTEM CAPABILITY ............................................................................................. 2
5.1 Channel Capacity ........................................................................................................ 2
5.2 State of the Art ............................................................................................................ 3
Section 6. PUBLIC SERVICE AND INSTITUTIONAL FACILITIES ...................................... 4
6.1 Institutional Network .................................................................................................. 4
6.1.1 Insertion Points ................................................................................................. 4
6.1.2 Scramblers/Descramblers .................................................................................. 4
6.1.3 Dedicated Bi-Directional Links ........................................................................ 4
6.1.4 Signal Quality ................................................................................................... 5
6.2 Access Channels ......................................................................................................... 5
6.2.1 EG Access ......................................................................................................... 5
6.2.1.1 EG Access Channel Location.
6.2.1.2 Use ................................................................................................................. 6
6.2.2 Public Access .................................................................................................... 7
6.2.2.1 Use ................................................................................................................. 7
6.2.2.2 Availability .................................................................................................... 7
6.3 Program Content; Control ........................................................................................... 7
6.4 Alternate Use .............................................................................................................. 8
6.5 Schools ........................................................................................................................ 8
6.5.1 Service to Schools ............................................................................................. 8
6.6 Plant Extension ........................................................................................................... 8
Section 7. LOCAL GOVERNMENT SERVICE .......................................................................... 9
7.1 Service to Local Government.
....................................................................................
7.2 Service to Government Housing ................................................................................. 9
Section 8. EG ACCESS CAPITAL GRANT; COSTS ................................................................. 9
8.1 EG Access Capital Grant ............................................................................................ 9
8.1.1 First Payment .................................................................................................... 9
8.1.2 Second Payment ................................................................................................ 9
8.1.3 Final Payment ................................................................................................. 10
8.2 Costs Incidental To The Award Of The Franchise ................................................... 10
8.3 Additional Assurances .............................................................................................. 10
Section 9. FRANCHISE FEE PAYMENTS ............................................................................... 10
9.1 Amounts .................................................................................................................... 10
9.2 Reporting ................................................................................................................... 10
Section 10. NON-DISCRIMINATION ...................................................................................... 10
10.1 No Discrimination in Employment ......................................................................... 10
10.1.1 ......................................................................................................................... 10
10.1.2 ......................................................................................................................... 11
10.1.3 ......................................................................................................................... 11
10.2 Subcontractors ......................................................................................................... 11
Section 11. COUNTERPART COPIES ...................................................................................... 11
Section 12. NONWAIVER ......................................................................................................... 11
Section 13. FORUM SELECTION AND CHOICE OF LAW ................................................... 12
Section 14. CAPTIONS AND HEADINGS ............................................................................... 12
Section 15. FAITH BASED ORGANIZATION ........................................................................ 12
Section 16. NOTICE ................................................................................................................... 12
Section 17. ENTIRE AGREEMENT AND AMENDMENTS ................................................... 13
Section 18. EFFECTIVE DATE ................................................................................................. 13
EXHIBIT A
EXHIBIT B
EXHIBIT C
Insitutional Network Insertion Points
Government Housing Drops
Franchise Fee Reporting Form
ii
CABLE TELEVISION FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into as of this 1s~ day of November, 2003, by
and between the City of Roanoke, a Virginia municipal corporation ("City" or "Grantor"), and
CoxCom, Inc. d/b/a Cox Communications Roanoke, a Delaware corporation ("Grantee"):
WHEREAS the Grantee currently holds a cable television franchise granted by the City
pursuant to a Cable TV Franchise Agreement by and between the City and Grantee's
predecessor in name and interest, dated May 1, 1991 ("Current Franchise"); and
WHEREAS the Grantee has requested that the City renew or extend the cable television
franchise Grantee currently holds; and
WHEREAS, on October __, 2003, the Council adopted Ordinance No.
effective October 31, 2003, an ordinance repealing and supereeding City Ordinance No.
30478-42291, adopted April 2, 1991; and
WHEREAS the City and Grantee have negotiated the terms of a renewal franchise
pursuant to 47 U.S.C. §546(h); and
WHEREAS the City Council, after holding a public hearing on the terms of the renewal
franchise of which the public was afforded notice and at which the public was afforded
opportunity to comment, did vote to grant a renewal of Grantee's television franchise at a duly
authorized and regular meeting, pursuant to the provisions of the Cable Act, City Charter, City
ordinances, and the Virginia Code.
NOW THEREFORE in consideration of such grant of renewal of the cable franchise to
Grantee, the parties agree as follows:
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Section 1. DEFINITIONS.
Unless otherwise defined in this Agreement, terms in this Agreement shall have the
meaning given to them in the City's Cable Television Ordinance, City Ordinance No.
effective October 31, 2003 ("Ordinance"). Terms not defined in this Agreement or the
Ordinance shall have their common and ordinary meaning.
Section 2. GRANT
The City hereby grants to Grantee a franchise to operate a cable system to provide cable
service within the territorial limits of the City in accordance with the terms and conditions set
forth below and in the Ordinance. Grantee's Service Ama shall be the incorporated limits of
the City. This Franchise is granted pursuant to the Ordinance, which, with any amendments
thereto and including applicable definitions, is incorporated by reference herein.
Section 3. TERM.
The term of the Franchise shall be fifteen (15) years, commencing on November 1,
2003, and expiring at midnight on October 31, 2018, unless sooner terminated in accordance
with Section 19 of the Ordinance or by other applicable law.
Section 4. INTERCONNECT.
Grantee shall provide for the interconnection of its system for the purposes of sharing
PEG access programming with the cable system of any other cooperating, adjacent or
overlapping cable operator, in accordance with Section 8(b) of the Ordinance and on terms
and conditions mutually and reasonably acceptable to Grantee and such other cable operator.
Section 5. SYSTEM CAPABILITY.
5.1 Channel Capacity. On the effective date of this Franchise and throughout the term
of this Franchise, the Grantee's System shall be activated to provide at least eighty (80) channels
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of programming to subscribers, shall be capable of carrying at least four (4) channels upstream,
and shall have a total bandwidth capacity of at least 750 MHz. The System shall meet or exceed
the standards set forth in the Ordinance and/or any superseding and applicable codes and all
applicable FCC standards. At least eighty (80) channels shall provide broad categories of video
programming during normal viewing hours, including broadcast network programming, an all-
news channel, a sports channel, children's programming, a weather channel and movie services.
5.2 State of the Art. Throughout the term of this Franchise, Grantee shall maintain
and upgrade the System and the technical performance of the System so as to keep pace with the
developments in the State-of-the-Art as defined herein. Grantee may on its own initiative
participate in or undertake experiments, tests, and other activities to determine the State-of-the-
Art of cable system technology currently in use. The City may require that Grantee undertake
such tests, at Grantee's cost, to the extent that the City determines that it is economically viable
and feasible to do so and provided that such experiments, tests and other activities are technically
sound and undertaken in response to a mutually defined market demand. Grantee shall provide
the City with written reports of the results of all significant tests conducted by Grantee at the
request of the City as described in this subsection. For purposes of this subsection, "State-of-the-
Art" means that level of technical performance or capacity, service or cable system plant, for
which there is a reasonable demonstrated market demand and which has been demonstrated by
existing cable system operators and reputable equipment suppliers to be workable in the field,
but not exceeding that level of technical performance or capacity which has been installed and is
operating at the time in at least two (2) other cable systems of comparable or smaller size owned
and operated by Grantee or an affiliate of Grantee.
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Section 6.
6.1
6.1.1
PUBLIC SERVICE AND INSTITUTIONAL FACILITIES.
Institutional Network.
Insertion Points. During the term of this Franchise, Grantee shall provide and
maintain active, designated insertion points of the institutional network at each of the locations
set forth in Exhibit A, attached hereto and incorporated heroin by reference. In addition, upon
request and without charge to the City, Grantee shall, during the term of this Franchise (a)
move any of the insertion points from any location set forth in Exhibit A to another local
government occupied building, elementary or secondary school, or public college or
community college academic building designated by the Roanoke Valley Regional Cable
Television Committee ("Committee"); and (b) provide up to a maximum of five (5) additional
insertion points at locations designated by the Committee if (i) the Committee shows a need
for such additional insertion point, (ii) the then-current insertion points are being significantly
used, and (iii) the new insertion point(s) are located in an area that Grantee is required to
service pursuant to Section 6.6 of this Agreement or Section 12(c) of the Ordinance.
6.1.2 Scramblers/Descramblers. Upon request, Grantee shall provide and maintain
scrambling devices and equipment at the head-end and a converter/descrambler at each of the
insertion points required by Section 6.1.1 for the purpose of encoding or scrambling material
of a sensitive nature which is to be transmitted downstream. At the City's option, downstream
transmissions on the Educational and/or Governmental Access ("EG Access") channels
required by Section 6.2.1 below may be encoded and/or scrambled.
6.1.3 Dedicated Bi-Directional Links. Grantee shall provide dedicated, bi-directional
links and associated equipment between Grantee's head-end and each insertion point location
designated in accordance with Section 6.1.1. The dedicated, bi-directional links and associated
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equipment shall be capable of delivering audio and video signal input from each of the
locations designated in Section 6.1.1 for transmission of programming originating at such
locations upstream to Grantee's head-end for processing and switching to any of the EG Access
channels required by Section 6.2.1 below. The head-end shall have the ability to convert and
switch such upstream transmission to designated downstream EG Access channels on the
subscriber distribution network, and shall have the capability to scramble signals on such
channels.
6.1.4 Signal Quality. Each insertion point and the dedicated link between that
insertion point and Grantee's head-end shall be installed and maintained by Grantee in a
manner so that it is capable of delivering programming over that link and downstream to
subscribers with an audio and video signal quality at least equal to that of other channels on
Grantee's system.
6.2 Access Channels.
6.2.1 EG Access. Grantee shall initially provide one (1) downstream EG Access
channel ("Initial EG Access Channel"). Upon request by the Committee, Grantee shall
provide a second EG Access channel ("Second EG Access Channel") within one hundred
twenty (120) days after the Committee's request. During the term of this Franchise
Agreement, the City shall have the right to request additional EG Access channels beyond the
Initial EG Access Channel and the Second EG Access Channel ("Additional EG Access
Channel(s)"), up to a maximum of four (4) Additional EG Access Channels. If the Committee
so requests, and upon a showing by the Committee that the then-existing EG Access channels
are being used to air at least forty (40) hours of original, locally-produced programming per
week (not including bulletin board-style progrmnming), Grantee shall provide such Additional
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EG Access Channel(s) within one hundred twenty (120) days after written request by the
Committee.
6.2.1.1 EG Access Channel Location. The Initial EG Access Channel provided by
Grantee shall continue to be designated as and assigned to Channel 3 on Grantee's channel
line-up, unless the City agrees in writing to permit that EG Access channel's channel location
to be changed, or unless Grantee is preempted by federal law from locating the Initial EG
Access Channel on Channel 3. (If carriage of the Initial EG Access Channel on Channel 3 is
preempted by federal law, Grantee shall locate that channel on the lowest channel number
available on its system, which shall be lower than Channel 11.) The Second EG Access
Channel shall always be located on Grantee's basic tier, unless the Committee agrees in
writing to permit that channel to be located elsewhere in Grantee's channel line-up. Grantee
may place any third EG Access channel provided by Grantee pursuant to Section 6.2.1 either
on Grantee's basic service tier or on the Grantee's most widely subscribed-to tier of cable
programming service. Subject to mutual agreement of the parties, the fourth and any
succeeding Additional EG Access Channel(s) provided by Grantee pursuant to Section 6.2.1
may be placed on Grantee's basic service tier or on any of Grantee's cable programming
service tiers, provided that, if the parties cannot reach mutual agreement as to such an
Additional EG Access Channel's location, Grantee shall place such Additional EG Access
Channel on either its basic service tier or Grantee's most widely subscribed-to tier of cable
programming service.
6.2.1.2 Use. Use of the EG Access channels shall be for non-commercial, nonprofit
purposes only. Grantee shall not charge the City, County, Town or any other authorized user
of the EG Access channels for the use of such channels.
6.2.2
6.2.2.1
purposes only.
Public Access. Grantee shall provide one (1) channel for public access use.
Use. Use of the public access channel shall be for non-commercial, nonprofit
Use of the public access channel for any non-commercial, non-profit access
purpose shall be subject to such reasonable and lawful roles as Grantee may establish,
consistent with the purpose of public access.
6.2.2.2 Availability. During normal business hours, Grantee shall accept and cablecast
on the public access channel the following types of material that are delivered to Grantee's
local office at the address set forth in Section 16 hereof (or, provided Grantee gives written
notice to subscribers and to the City of such relocation, to such other new location in the City
or County where Grantee relocates its office or studio during the term of this Agreement): (a)
video programming on videotape or other suitable hard-copy video transmission medium, and
(b) textual material for insertion on a community bulletin board that Grantee will cablecast on
the public access channel when video programming is not being cablecast on that channel.
Grantee shall inform members of the public about what types of format and video transmission
media are most suitable for delivery over the public access channel and how far in advance of
cablecast material should be submitted to Grantee for cablecast on the public access channel.
Grantee shall perform the foregoing public access functions at no charge to public access
users.
6.3 Program Content; Control. No control over PEG access program content shall
be exercised by Grantee except to enforce the limitations on commercial use described herein
or as otherwise permitted by the FCC and other federal, state, and local laws.
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6.4 Alternate Use. Grantee may use the PEG Access channels for any lawful
purpose during such periods as they are not being used for PEG Access purposes, provided that
EG Access use shall have priority at all times.
6.5 Schools.
6.5.1 Service to Schools. Pursuant to Section 10(d) of the Ordinance, Grantee shall
provide, without charge, basic tier service, the most widely subscribed-to tier of cable
programming service, free installation, and one converter/decoder to each elementary and
secondary school academic and administrative building, both public and private, to the
Roanoke Higher Education Center, and to each public college and community college
academic and main administrative building, passed by the Cable System, within thirty (30)
days of a written request from such entity. Grantee shall make additional outlets and
converters/decoders available to free service recipients at Grantee's cost. In addition, Grantee
shall provide, without charge, one connection for high speed data services ("HSD Services"),
one cable modem and one installation to (i) each of the Roanoke Public Libraries, (ii) each
public elementary and secondary school passed by the Cable System, and (iii) each private
elementary and secondary school passed by the Cable System that has at least 50 students.
Grantee shall make additional HSD services and cable modems available at each such location
at a discount at least equal to those that Grantee offers comparable customers.
6.6 Plant Extension. As soon as reasonably practicable, Grantee shall extend its
cable distribution system to enable it to provide Cable Service to the Higher Education Center,
the Riverside Centre for Research and Technology, a/k/a the South Jefferson Redevelopment
Area, and the new Vinton Business Center. With the exception of the three locations set forth
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above, nothing in this Section 6.6 shall deemed to amend or otherwise expand Grantee's
obligations pursuant to Section 12(c) of the Ordinance.
Section 7. LOCAL GOVERNMENT SERVICE.
7.1 Service to Local Government. Pursuant to Section 10(d) of the Ordinance,
Grantee shall provide, without charge, basic service and the most widely subscribed-to tier of
cable programming service, free installation, and one converter/decoder to all Local
Government Occupied Buildings in Grantee's Service Area, including any such building built
or occupied during the term of this Agreement.
7.2 Service to Government Housing. Grantee shall make service available, at
standard rates, to the housing units of the Roanoke Redevelopment and Housing Authority
("RRHA") as provided in Exhibit B.
Section 8. EG ACCESS CAPITAL GRANT; COSTS.
Section 8.1 EG Access Capital Grant. Grantee shall provide a capital grant for EG
Access to the fiscal agent for the Committee for allocation among the City, the Town and the
County, for acquisition of EG access equipment and facilities, in the amount of One Million
One Hundred Fifty Thousand Dollars ($1,150,000.00). The capital grant is to be used for EG
access capital purposes only and shall not be considered to be part of the Franchise Fee
consistent with 47 U.S.C. §542(g)(2)(C). Grantee shall provide such funding in the following
manner:
8.1.1
First Payment. On or before May 1, 2004: Five Hundred Seventy-Five
Thousand Dollars ($575,000.00);
8.1.2 Second Payment. On or before November 1, 2006: an additional Three
Hundred Forty-Five Thousand Dollars ($345,000.00); and
-9-
8.1.3 Final Payment. On or before November 1, 2008: an additional Two Hundred
Thirty Thousand Dollars ($230,000.00).
8.2 Costs Incidental To The Award Of The Franchise. Grantee shall reimburse the
City for advertising expenses incurred in the franchising process.
8.3 Additional Assurances. Grantee agrees not to itemize on subscribers' bills
amounts intended to represent the costs imposed by Sections 6, 7 or 8 of this Agreement.
Section 9. FRANCHISE FEE PAYMENTS.
9.1 Amounts. Grantee shall pay to the City a Franchise Fee in the amount of five
percent (5%) of Gross Revenues, in accordance with Section 17 of the Ordinance.
9.2 Reporting. In accordance with Section 17(a) of the Ordinance, Grantee shall
submit, with each of its quarterly franchise fee payments, a quarterly report substantially in the
form attached hereto as Exhibit C. In addition, no later than seventy-five (75) days after the end
of each Grantee fiscal year, Grantee shall present to the City an annual report of system
revenues, substantially in the form attached hereto as Exhibit C or in such other form as the
parties may mutually agree. The form shall include allocation of Gross Revenues by category,
including, without limitation, basic service, cable programming service, installation,
advertising, premium channels, etc. The reports required by this Section shall be sent to the
City's Director of Finance, with copies to the City Treasurer.
Section 10. NON-DISCRIMINATION.
10.1 No Discrimination in Employment. During the performance of this Agreement,
Grantee agrees as follows:
10.1.1 Grantee will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited
by state law relating to discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of Grantee. Grantee
agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
10.1.2 Grantee in all solicitations or advertisements for employees placed by or on
behalf of Grantee will state that it is an equal opportunity employer.
i0.1.3 Notices, advertisements and solicitations placed in accordance with federal law,
role or regulation shall be deemed sufficient for the purpose of meeting the requirements of this
Section.
10.2 Subcontractors. Grantee will include the provisions of the foregoing subsections
10.1.1, 10.1.2, and 10.1.3 in every subcontract or purchase order of over Ten Thousand Dollars
($10,000), so that the provisions will be binding upon each subcontractor or vendor doing work
in the City.
Section 11. COUNTERPART COPIES.
This Agreement may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
Section 12. NONWAIVER.
Grantee agrees that the City's waiver or failure to enforce or require performance of any
term or condition of this Agreement or the City's waiver of any particular breach of this
Agreement by Grantee extends to that instance only. Such waiver or failure is not and shall not
be a waiver of any of the terms or conditions of this Agreement except as set forth herein, or a
waiver of any other breaches of this Agreement by Grantee, and does not bar the City from
requiring Grantee to comply with all the terms and conditions of this Agreement and does not
bar the City from asserting any and all rights and/or remedies the City has or might have against
Grantee under this Agreement or by law.
Section 13. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Agreement, Grantee submits itself to a court of competent
jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is
controlled by the laws of the Commonwealth of Virginia (and, where applicable, federal law),
and that all claims, disputes, and other matters shall only be decided by such court according to
the laws of the Commonwealth of Virginia (and, where applicable, federal law).
Section 14. CAPTIONS AND HEADINGS.
The section captions and headings of this Agreement are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Section 15. FAITH BASED ORGANIZATION.
Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not
discriminate a~ainst faith based organizations.
Section 16. NOTICE.
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested or by a nationally recognized overnight courier,
addressed as follows (or any other address or facsimile number that the party to be notified may
have designated in writing to the sender by like notice) or if sent by facsimile to the facsimile
number set forth below:
If to City, to:
City of Roanoke
City Manager
364 Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No.: 540-853-1138
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With a copy to:
City Attorney
City of Roanoke
464 Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No.: 540-853-1221
If to Grantee, to:
CoxCom, Inc.,
d/b/a/Cox Communications Roanoke
5400 Fallowater Lane, SW
Roanoke, VA 24014
Fax No.: 540-776-3847
With a copy to:
Cox Communications, Inc.
1400 Lake Hearn Drive
Atlanta, GA 30319
ATTN: Legal Dept.
Fax No.: 404-843-5845
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United States mail, the day after delivery to a nationally recognized overnight courier, or upon
the date of confirmation of a facsimile transmission.
Section 17. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement, together with the Ordinance, constitutes the entire agreement of the
parties hereto and supersedes all prior offers, negotiations, and agreements among the parties.
No amendment to this Agreement shall be valid unless made in writing and signed by the parties
hereto.
Section 18. EFFECTIVE DATE.
The effective date of this Franchise Agreement shall be November 1, 2003.
EXHIBITS:
EXHIBIT A:
Institutional Network Insertion Points
EXHIBIT B:
Government Housing Drops
-13-
EXHIBIT C: Franchise Fee Reporting Form
IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized
representatives.
ATTEST
CITY OF ROANOKE
Mary Parker, City Clerk
Darlene L. Burcham, City Manager
ATTEST
Name:
Title:
Approved as to Form:
City Attorney
Appropriation and Funds Not Required
For this Contract:
Director of Finance
Date
COXCOM, INC.
dPo/a Cox Communications Roanoke
By:
Printed Name and Title
Approved as to Execution:
City Attorney
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EXHIBIT A
INSTITUTIONAL NETWORK INSERTION POINTS
Virginia Western Community College
3095 Colonial Avenue, SW, Roanoke, VA 24015
(540)857-8922
10.
Cox Roanoke Office
5400 Fallowater Lane, SW, Roanoke, VA 24014
(540)776-3845
Roanoke County Administration Building
5204 Bernard Drive, Roanoke, VA 24018
(540)772-2006
Governor's School
2104 Grandin Road, SW, Roanoke, VA 24015
(540)853-2116
Patrick Henry High School
2102 Grandin Road, SW, Roanoke, VA 24015
(540)853-2255
Hidden Valley Junior High
4902 Hidden Valley School Road, SW, Roanoke, VA 24018
(540)772-7570
Cave Spring Fire Department
4212 Old Cave Spring Road, SW, Roanoke, VA 24018
(540)561-8100
Roanoke County Main Library
3131 Electric Road, Roanoke, VA 24018
(540)772-7507
Cave Spring Junior High
4880 Brambleton Avenue, SW, Roanoke, VA 24018
(540)772-7560
Roanoke Municipal Building
215 Church Avenue, SW, Roanoke, VA 24011
(540)853-2333
-1-
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Old Jefferson High School Building/RVTV
541 Luck Avenue, SW, Suite 145, Roanoke, VA 24016
(540)857-5021
Roanoke City Main Library
706 S. Jefferson Street, SE, Roanoke, VA 24016
(540)853-2473
Vinton Police Department
311 South Pollard Street, Vinton, VA 24179
(540)342-8135
Vinton War Memorial
814 E. Washington Avenue, Vinton, VA 24179
(540)983-0645
William Byrd Middle School
2910 Washington Avenue, Vinton, VA 24179
(540)890-1035
Roanoke City School Administration Building
40 Douglass Avenue, NW, Roanoke, VA 24012
(540)853-2381
Roanoke Civic Center
710 Williamson Road, NE, Roanoke, VA 24016
(540)853 -2241
Roanoke Airpo~
5202 Aviation Drive, Roanoke, VA 24012
(540)362-1999
Ruffner Middle School
3601 Ferncliff Avenue, NW, Roanoke, VA 24017
(540)853-2605
Roanoke County Public Safety/South View
3568 Peters Creek Road, NW, Roanoke, VA 24019
(540)561-8100
Roanoke County Career Center
100 Highland Road, Vinton, VA 24179
(540)857-5004
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22.
23.
24.
Old Roanoke County Administration Building - Brambleton Center
3738 Brambleton Avenue, SW, Roanoke, VA 24018
(540)772-7529
Higher Education Center
108 N. Jefferson Street, NW, Roanoke, VA 24012
(540)767-6000
WBRA-TV
1215 McNeil Drive, SW, Roanoke, VA 24015
(540)344-0991
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EXHIBIT B
GOVERNMENT HOUSING DROPS
Subject to the consent and approval of the Roanoke Redevelopment and Housing Authority
CRRHA") and to Section 6.6 of this Agreement and Section 12(c) of the Ordinance, Grantee
shall provide cable service to RRHA dwelling units if the underground facilities serving the
governmental housing units can be accurately located by the owner of such facilities. Cable
service shall be installed consistent with the terms and conditions, and on the same time
schedule, as Grantee offers to other residential customers, provided that the necessary
conditions for installation have been met.
EXHIBIT C
CITY OF ROANOKE, VIRGINIA
CABLE TELEVISION FRANCHISE QUARTERLY GROSS REVENUE AND
FRANCHISE FEE REMITTANCE REPORT
Cable Operator Name:
Item:
Cable Subscription (Basic and CPS tiers)
Other Video Subscription Services
Pay-Per-View
Commercial and Bulk Residential
Additional Outlet or "Whole House" Fees
Equipment Rental
Converters
Remote Controls
Other
Total
Installations
Service Calls and other Fees for Service
Service Contracts
Cable Modem Installations
Internet Access Subscriptions
Leased Access
Advertising- Cable
Advertising - Leased Access
Advertising- Internet
Commissions- Cable
Commissions - Leased Access
Commissions- Internet
Late Charges
Itemized Franchise Fees
Miscellaneous
Total Gross Revenue:
Adjustments:
Bad Debt Expense
Bad Debt Recoveries
Refunds
Other (Explain: )
Total
Franchise Fee Rate
Franchise Fee Due
For the Quarter Ended:
Revenue:
5%
I certify that this Quarterly Gross Revenue and Franchise Fee Report is true and correct.
By:
Name (printed):
Title:
WALIB:93508.2\116251 00001
10/01/03 10:15 AM
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE, TECHNOLOGY
215 CHURCH #408/NORTH
ATTN: ROY MENTKOW
ROANOKE VA 24011
REFERENCE: 80100588
02216321 CoxCom
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virqinia. Sworn and subscribed before me this
_~__~__day of September 2003. Witness my hand and
official seal.
PIYBLISHED ON: 09/21 09/28
TOTAL COST: 439.02
FILED ON: 09/29/03
Authorized ~
Si g n a t u r e: _/~..z_~_~~.~/~.~ ....
Billing Services Representative
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of Sections 15.2o1800 et seq. and 15.2-2100, et seq., Code of
Virginia (1950), as amended, and the federal Cable Communications Policy Act of 1984, as
amended, 47 U.S.C. §546(h), the City of Roanoke proposes to grant a fifteen year renewal of the
cable television franchise held by CoxCom, Inc., d/b/a/Cox Communications Roanoke ("Cox").
The renewal franchise will succeed and replace the franchise currently held by Cox, which will
expire on October 31, 2003. The City of Roanoke also proposes to adopt a revised Cable
Television Ordinance prior to granting the above renewal franchise.
A copy of the proposed revised Cable Television Ordinance, the proposed renewal
franchise agreement between the City of Roanoke and Cox, and the proposed ordinance
authorizing the City to enter into the renewal franchise agreement with Cox may be reviewed by
the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., Roanoke, Virginia 24011.
Notice is hereby given that the Council of the City of Roanoke will hold a public hearing
on the above matters at its regular meeting to be held on October 6, 2003, commencing at 2:00
p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chambers 4th
Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia.
Further information is available in the Office of the City Clerk, (540)853-2541, or from Roy M.
Mentkow, Department of Technology, (540)853-2105.
All parties and interested citizens may appear on the above date and be heard and give
comment on the matter. If you are a person who needs accommodations for this heating, please
contact the City Clerk's Office at (540)853-2541 before 12:00 noon on the Thursday before the
date of the hearing listed above.
GIVEN under my hand this 17th day of September 2003.
Mary F. Parker, City Clerk
Note to Publisher:
Please publish twice in The Roanoke Times, once on Sunday, September 21, 2003, and once on
Sunday, September 28, 2003.
Send Publisher's Affidavit
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Send Bill to:
Roy M. Mentkow, Acting Director
Department of Technology
Room 408 Municipal North
215 Church Avenue, SW
Roanoke, VA 24011
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of Sections 15.2-1800 et seq. and 15.2-2100, et seq., Code of
Virginia (1950), as amended, and the federal Cable Communications Policy Act of 1984, as
amended, 47 U.S.C. §546(h), the City of Roanoke proposes to grant a fifteen year renewal of the
cable television franchise held by CoxCom, Inc., d/b/a/Cox Communications Roanoke ("Cox").
The renewal franchise will succeed and replace the franchise currently held by Cox, which will
expire on October 31, 2003. The City of Roanoke also proposes to adopt a revised Cable
Television Ordinance prior to granting the above renewal franchise.
A copy of the proposed revised Cable Television Ordinance, the proposed renewal
franchise agreement between the City of Roanoke and Cox, and the proposed ordinance
authorizing the City to enter into the renewal franchise agreement with Cox may be reviewed by
the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., Roanoke, Virginia 24011.
Notice is hereby given that the Council of the City of Roanoke will hold a public hearing
on the above matters at its regular meeting to be held on October 6, 2003, commencing at 2:00
p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, 4th
Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia.
Further information is available in the Office of the City Clerk, (540)853-2541, or from Roy M.
Mentkow, Department of Technology, (540)853-2105.
All parties and interested citizens may appear on the above date and be heard and give
comment on the matter. If you are a person who needs accommodations for this hearing, please
contact the City Clerk's Office at (540)853-2541 before 12:00 noon on the Thursday before the
date of the hearing listed above.
GIVEN under my hand this 17th day of September 2003.
Mary F. Parker, City Clerk
Note to Publisher:
Please publish once in The Roanoke Tribune on Thursday, September 25, 2003.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
N:\cksml \Public Hearings.03\PH Notice Cable TV Ordinance. Tribune. DOC
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clerk~cLroanoke.va.us
October 8, 2003
File #40-337
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Joseph D. Rich, Esquire, Chief
Voting Section, Civil Rights Division
Department of Justice, Room 7254 - NWB
950 Pennsylvania Avenue, N. W.
Washington, D.C. 20530
Dear Mr. Rich:
I am enclosing copy of Ordinance No. 36505-100603 temporarily changing the polling
place for Highland Precinct No. 1 from the Jefferson Hall Gym, at 540 Ch~ch
Avenue, S. W., to Room 105, Jefferson Center, 541 Luck Avenue, S. W.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 8, 2003
File #40-337
Beryl Y. Brooks, General Registrar
Roanoke
Virginia
Dear Ms. Brooks:
I am attaching two copies of Ordinance No. 36505-100603 temporarily changing the polling
place for Highland Precinct No. 1 from the Jefferson Hall Gym, at 540 Church
Avenue, S. W., to Room 105, Jefferson Center, 541 Luck Avenue, S. W.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc:
Carl T. Tinsley, Sr., Secretary, Roanoke City Electoral Board
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 2003.
No. 36505-100603.
AN ORDINANCE temporarily changing the polling place for Highland Precinct No. 1
from the Jefferson Hall Gym, at 540 Church Avenue, S. W., to Room 105, Jefferson Center,
at 541 Luck Avenue, S. W.; and dispensing with the second reading by title paragraph of this
ordinance.
WHEREAS, the Jefferson Hall Gym, at 540 Church Avenue, S. W., the present
location of the polling place for Highland Precinct No. I, is undergoing extensive
renovation;
WHEREAS, by Resolution adopted October 1, 2003, the Roanoke City Electoral
Board has recommended the establishment of a temporary polling place for Highland
Precinct No. 1 at Room 105, Jefferson Center, at 541 Luck Avenue, S. W., and such
temporary polling place is located within such precinct as required by {}24.2-310, Code of
Virginia (1950), as amended; and
WHEREAS, the Electoral Board has given notice of such emergency relocation of
this polling place to the State Board of Elections and has obtained approval of such change
from the Board pursuant to {}24.2-31 O.D., Code of Virginia (1950), as amended, and the
Electoral Board will give notice of this change in polling place by mail to all registered
voters in the Highland Precinct No. 1 at least fifteen (15) days prior to the November 4, 2003,
General Election, and public notice of such change, pursuant to {}24.2-306, Code of Virginia
(1950), as amended;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Notwithstanding {}10-18, Code of the City of Roanoke (1979), as amended, the
polling place for Highland Precinct No. 1 shall be relocated temporarily from the Jefferson
Hall Gym, at 540 Church Avenue, S. W., to Room 105, Jefferson Center, at 541 Luck
Avenue, S. W., for the November 4, 2003, General Election.
2. The City Clerk is directed to forward attested copies of this ordinance to Beryl
Y. Brooks, General Registrar, so that notice of this change in polling place can be mailed to
all registered voters of Highland Precinct No. 1, and to the Chief, Voting Section, Civil
Rights Division, United States Department of Justice.
3. Pursuant to § 12 of the Roanoke Charter, the second reading of this ordinance
by title paragraph is hereby dispensed with.
City Clerk.
H:\MEASURES\O-POLCHAHIGHLANDNO1.8.doc
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
TO: Mary F. Parker, City Clerk
FROM: Beryl Y. Brooks, General Registrar
DATE: September 29, 2003
SUBJCT: Emergency Change of Polling Place
Due to construction]renovations, it has become necessary to move our Highland # 1
precinct, located at the Jefferson Hall Gym, to the Jefferson Center.
Normally Section 24.2-306, which prohibits us from moving a polling place 60 days
before an election and without prior approval of the Justice Department, would be in
affect. Due to the reason for the change the time constraints cannot be met and it is
necessary to handle this temporary change as an emergency change of polling place.
Under Section 24.2-31 OD in the event of an emergency situation, the Electoral Board is
required to find a new location with prior approval of the State Board of Elections.
We are requesting that this matter be brought before City Council at the October 6, 2003
meeting. The law requires that I notify the public of any change, no later than 15 days
prior to election. Although I am still required to submit for expedited approval from the
Justice Department, I have to proceed with the move as approved by State Board.
Thank you, for your cooperation and if you have questions or suggestions, please call me
at X1037.
BYB:
cc: Carl T. Tinsley, Sr., Secretary
Roanoke City Electoral Board
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Beryl Brooks, General Registrar, in which
she will be requesting City Council to approve the emergency change of a polling
place for the November elections at the regular meeting of City Council on
Monday, October 6, 2003.
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Respectfully submitted,
City Manager
10/02/03 10:36 'l~5409772407 BOTETOURT CO LIB ~001/001
DEFERRED UNTIL OCTOBER 23, 2003
COUNCIL MEETING
/
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 6, 2003
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T Dowe, Jr.
Beverly T Fitzpatrick, Jr
C. Nelson Harris
Linda F. Wyatt
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
We jointly sponsor a request of Eugene Full, representing the Market Building Tenants
Association, with regard to national chains leasing space in the City Market Building at
the regular meeting of City Council on Monday, October 6, 2003, at 2:00 p.m.
Ralph K. Smith
Mayor
M. Rupert Cutler
Council Member
RKS:LFW:sm
pc: Darlene L. Burcham, City Manager
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 8, 2003
File #468
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36506-100603 endorsing the 2003 Regional
Wastewater Collection and Treatment Contract among the City of Roanoke, Roanoke
County, the City of Salem, the Town of Vinton, and Botetourt County.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 8, 2003
Page 2
pc:
Diane S. Childers, Clerk to the Roanoke County Board of Supervisors, P. O. Box
29800, Roanoke, Virginia 24018-0798
Carolyn S. Ross, Town Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
James E. Taliaferro, Clerk, City of Salem, II, P. O. Box 869, Salem, Virginia 24153
Gerald A. Burgess, Administrator, Botetourt County, 1 W. Main St., #1, Fincastle,
Virginia 24090
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Scott Shirley, Water Pollution Control Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
lqo. 36506-100603.
AN ORDINANCE endorsing the 2003 Regional Wastewater Collection and Treatment
Contract among the City of Roanoke, Roanoke County, the City of Salem, the Town of Vinton, and
Botetourt County and authorizing the Mayor to execute such Contract on behalf of the City;
authorizing the City Manager to take such further actions and to execute such documents as may be
necessary to implement and administer such Contract; and dispensing with the second reading by title
of this ordinance.
WHEREAS, the City of Roanoke, Roanoke County, the City of Salem, the Town of Vinton,
and Botetourt County have worked together to provide a Contract concemin4g the 2003 Wet Weather
Improvements to the Water Pollution Control Plant which serves these jurisdictions, as well as other
matters concerning the collection and treatment of wastewater, the terms of such Contract being
contained in the Contract attached to the City Manager's letter to Council dated October 6, 2003.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council hereby endorses the terms of the 2003 Regional Wastewater Collection and
Treatment Contract as contained in the Contract attached to the above mentioned City Manager's
letter.
2.
The Mayor is hereby authorized, on behalf of the Cityl to execute the 2003 Regional
Wastewater Collection and Treatment Contract in a form substantially similar to the one attached to
the above mentioned City Manager's letter, in a form approved by the City Attorney.
3. The City Manager is hereby authorized to take such further actions and execute such
documents as may be necessary to implement and administer such Contract, such documents to be in
a form approved by the City Attorney.
H:Xlvieasure~\Waate Water Agreement 2003.dcc I
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: 2003 Regional Wastewater
Collection and Treatment Contract
The existing 1994 Wastewater Agreement among the City of Roanoke and four
area jurisdictions, Roanoke County, City of Salem, Town of Vinton, and Botetourt
County has been substantially updated and revised to reflect an agreed upon
cost sharing formula for the 2003 Wet Weather Improvements at the Water
Pollution Control Plant. This revision was necessary in that the existing contract
terms require separate negotiation of cost sharing of each major capital
improvement. After some discussion, costs for the project were determined
based upon existing capacity allocations.
A number of other changes were desired by all parties including a different
method of metering the City's flow contribution to the WPC Plant and revised rate
calculations for monthly flow charges To address ongoing maintenance needs,
all parties will make payments, based upon flow allocation, into a capital fund.
This fund will allow plant staff to plan improvements over multiple years while
relieving budget uncertainty for the partner jurisdictions.
The proposed Contract is attached as Attachment 1. The remaining term of the
original contract, approximately 30 years, is being preserved.
Recommended Action:
Authorize the Mayor to execute the 2003 Regional Wastewater Collection and
Treatment Contract on behalf of the City in a form substantially similar to
Attachment 1, and authorize the City Manager to take such further action and
The Honorable Mayor and Members of Council
2003 Regional Wastewater Collection and Treatment Contract
October 6, 2003
Page 2
execute such other documents as may be necessary to implement and
administer such Contract; all such documents to be approved as to form by the
City Attorney.
City Manager
DLB/mtm
C~
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Ann H. Shawver, Deputy Director of Finance
Scott Shirley, WPC Manager
CM03-00186
2003 REGIONAL WASTEWATER
COLLECTION AND TREATMENT CONTRACT
THIS CONTRACT, made and entered into this 1st day of November, 2003, by
and between the CITY OF ROANOKE, hereinafter referred to as the "City"; the
COUNTY OF BOTETOURT, the COUNTY OF ROANOKE, the CITY OF SALEM, and
the TOWN OF VINTON, hereafter collectively referred to as the "Other Parties" (all
parties being political subdivisions of the Commonwealth of Virginia);
WITNESSETH:
WHEREAS, the City of Roanoke operates within and without its boundaries a
wastewater treatment plant (the Plant) with a system of joint use interceptors (JUIs) and
intemeptors other than JUIs (the System) leading therefrom providing service within the
City's corporate limits and to certain points beyond said corporate limits which Plant,
JUIs and System are capable of collecting and treating wastewater which otherwise
would be discharged into the waters of the Roanoke River and its tributaries; and
WHEREAS, it is the desire of the parties to protect the health and well-being of
their citizens, the community and its environment, and to dispose of the wastewater of
the community in a safe and efficient manner sharing costs and benefits fairly; and
WHEREAS, the parties entered into an agreement dated November 1, 1994, and
an amendment to the agreement dated January 31, 1997 (collectively "the 1994
Agreement") for use of the Plant and Joint Use Intemeptors as a regional facility to
accept, transport and treat certain of the wastewater originating in areas outside the
City's corporate limits; and
WHEREAS, it is now necessary to upgrade and expand the present Plant by
completing the 2003 Wet Weather Improvements Project (2003 WWIP); and
WHEREAS, the parties believe that the continuation of the transportation to and
the treatment of such wastewater originating in the areas provided for in this Agreement
at the Plant are to the advantage of ali parties; and
WHEREAS, the parties wish to supplant and replace the 1994 Agreement and to
incorporate herein all of their mutual obligations for the capital funding, operation,
maintenance, capacity allocation, and other needs of the Plant, JUIs, and System
(insofar as the System serves the needs of one or more of the Other Parties);
THEREFORE, FOR AND IN CONSIDERATION of the premises and of the
covenants and obligations herein contained, the parties hereto covenant and agree, one
with the other, as follows:
I. DEFINITIONS:
The parties agree that the following words, items and abbreviations as used in
this Agreement shall have the following defined meanings:
A. Agreement: This agreement, which is designated as the 2003
Regional Wastewater ColJection and Treatment Contract.
B. Area of Botetourt County: All of the area or territory of Botetourt
County, Virginia, situate within the natural drainage basin of the Roanoke River and its
tributaries and incJuding the territory of the Town of Troutville, and its environs along
with the associated regions of the County whose drainage may be pumped into the
Roanoke River basin as determined in the judgment of Botetourt County;
Area of City of Roanoke: All of the incorporated area or territory of
the City of Roanoke, Virginia.
Area of Roanoke County: All of the unincorporated area or
territory of Roanoke County, Virginia not assigned as the service area of the Town of
Vinton; and not served by the Montgomery County Public Service Authority.
Area of City of Salem: All of the incorporated area or territory of
the City of Salem, Virginia.
Area of the Town of Vinton: All of the incorporated area or
territory of the Town of Vinton and those portions of eastern Roanoke County that are
served by the Town of Vinton, pursuant to an agreement between Roanoke County and
the Town of Vinton dated May 25, 1979.
Areas: All of the above-defined individual Areas, taken collectively.
C. City: The City of Roanoke, Virginia, or its assigns.
D. b.o.d, or b.o.d, content: the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five
days at 20° C., expressed in parts per million by weight.
E. Fiscal Year: July 1 of each year to June 30 of each succeeding
year.
F.
Flow Contribution from Unmetered Areas: Estimated flows from
unmetered areas of a party will be established by multiplying the party's total gallons of
monthly metered water sales in unmetered areas by the ratio of the City of Salem's
metered wastewater flow to the City of Salem's metered water sales as established
annually by taking the average of the ratios for the immediately preceding three fiscal
years, and as further illustrated in Appendix A.
G. Industrial Wastewater: wastewater delivered through the sanitary
sewer system, other than Normal Wastewater, which exceeds, at the point of discharge
to the sanitary sewer, 300 p.p.m.b.o.d, or 300 mg/L suspended solids, or 30 mg/L
nitrogen as total nitrogen, or 3 mg/L phosphorous, or as otherwise defined by State and
Federal agencies with regulatory authority over the Plant and JUIs.
H. Infiltration/Inflow (I/I) Allowance: In order to allocate I/I in the
JUIs, an estimated quantity of I/I as shown in the following table shall be added to each
party's Metered Flow based on the pementage of its total capacity in each segment of
the JUIs, as shown and illustrated in Appendix B:
November 1,2003 100 gpd/in-mile
until June 30, 2008
July 1,2008 until 125 gpd/in-mile
June 30, 2013
July 1,2013 until 150 gpd/in-mile
June 30, 2018
July 1,2018 until 175 gpd/in-mile
June 30, 2023
July 1,2023 until 200 gpd/in-mile
June 30, 2028
July 1,2028 until 225 gpd/in-mile
June 30, 2033
Any additional years 250 gpd/in-mile
The City shall receive a deduction, calculated as above, from its Metered
Flow for any JUl segment upstream from a City-installed flow meter, as illustrated in
Appendix C.
I. Joint Use Interceptors (JUIs): the portion of the Roanoke River
Interceptor which is located within the City's corporate limits, and the Tinker Creek
Interceptor downstream from U.S. Route 460 used jointly by the City and all or some of
the Other Parties in connection with the transmission or treatment of wastes subject to
this Agreement.
J. Metered Flow: The flow recorded on the flow meters of a party plus
that party's Flow Contribution from Unmetered Areas.
K:. rog/L: milligrams per liter.
L, Normal Wastewater: wastewater delivered through the sanitary
sewer system, with a strength content not exceeding 300 p.p.m.b.o.d, nor 300 mg/L
suspended solids, nor 30 mg/L nitrogen as total nitrogen, nor 3 mg/L phosphorous and
not containing those materials expressly excluded in Subsection Ill(A) of the
Agreement.
M. Objectionable Material: any substance in Wastewater which may
damage, obstruct or create a maintenance problem within the System, Plant or dUIs
which could reasonably be expected to upset or create an unusual cost in the treatment
process, or which is in violation of the Code of the City of Roanoke (1979), as amended
(the "City Code").
N. Other Parties: County of Botetourt, County of Roanoke, City of
Salem, and Town of Vinton, collectively, or their assigns.
O. Person: any individual, firm, company, association, corporation, or
entity, including public agencies.
P. pH: the logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution; a stabilized pH will be considered as one which does not
change beyond the specified limits when the waste is subjected to aeration.
treatment facilities owned and operated by the City.
Re
relevant Area.
U.
Plant: the water pollution control plant and immediately related
Plant Capacity: the plant capacity as permitted by DEQ.
p.p.m.: part(s) per million.
Responsible Party: the governing body responsible for
the
Suspended Solids: solids measured in mg/L that either float on
the surface of, or are in suspension in water, sewage, wastewater or other liquids, and
which are removable largely by a laboratory filtration device.
V. System: the system of interceptors, other than the JUIs, within the
corporate limits of the City.
W. Total Plant Flow: The sum of the Metered Flows plus the I/I
Allowances for all parties for a given reporting period, as illustrated in Appendix D.
X. Wastewater: any effluent delivered to the JUIs or the System.
II. SCOPE:
A. This Agreement may apply to the area or territory of any
incorporated town or unincorporated town in a defined Area.
It is agreed and understood by the parties that the City has and reserves
the right to enter into separate contracts or agreements with persons, firms or
corporations, private or governmental, in any of the Areas for the purpose of collecting
and receiving Wastewater for treatment, should the Responsible Party be unwilling or
unable to provide such service and so indicate by duly adopted resolution of its
governing body requesting extension of City service.
B. The Other Parties agree to deliver all of the Normal Wastewater
and acceptable Industrial Wastewater originating within the Areas to an existing or
subsequently installed Joint Use Interceptor with adequate capacity. Each Responsible
Party shall provide the City with data and information sufficient to enable the City to
evaluate the circumstances and requirements of every flow proposed for delivery to the
City at any point. The data and information shall be complete, accurate and projected
for future conditions. Should'the Responsible Party's data and information subsequently
be found inaccurate or should the characteristics, extent or circumstance of flow be
found at variance with such representations, the City may require the Responsible Party
to limit or control such delivery to conform with the data and information provided. The
City shall be obligated to receive flow from each of the Other Parties in quantity only to
the allocated design capacity of the System or JUIs receiving such flow and the
allocated design capacity of its Plant. Each of the Other Parties shall have the right to
evaluate the capacities of the System or JUIs receiving such flow. In cases of dispute
over line capacity, an engineer representing the City and one engineer representing the
party or parties disputing the capacity, together with a third engineer selected by the
other two engineers shall resolve the capacity in dispute by a majority vote. The fees of
the third engineer shall be divided equally between the parties involved in the dispute.
The delivery points to the City shall be determined by the City based upon
reasonable criteria established by the City, and any disputes shall be resolved as
above.
The City agrees to accept, at such point or points, all of the Normal
Wastewater and acceptable Industrial Wastewater from the Areas and to transport the
same therefrom, through its System or JUIs, to the Plant, and to accept and treat all
such wastewater in the Plant to the same extent and degree that it shall accept and
treat wastewater originating within the City. Such treatment shall be the exclusive
responsibility of the City. No Normal Wastewater or acceptable Industrial Wastewater
shall be discharged from within the Areas directly or indirectly to a stream except as
may be permitted from time to time by the Virginia Department of Environmental Quality
(DEQ), or its successor. All Normal Wastewater and acceptable Industrial Wastewater
treated at the Plant, including Wastewater originating in the Areas, shall be the property
of the City.
C. All facilities necessary for the collection of Wastewater within the
Areas and the transport to the delivery points shall be provided and maintained by the
Responsible Party without cost to the City, except as otherwise expressly provided in
this Agreement.
All Wastewater from the Areas which are delivered or transmitted to the
System or JUIs and/or the Plant shall be continuously metered by recording flow meters
for the purpose of accurate measurement and recordation of volume discharges. Such
meter or meters are to be installed by the Responsible Party at reasonable locations at
or immediately near their boundaries as follows:
1. Should the Responsible Party connect, by its interceptor or
interceptors, directly to an interceptor or interceptors of the City at or near
the Responsible Party's boundaries, then a meter shall be installed at
each point of connection for determination of flows received by the City.
8
2. Should the Responsible Party extend by interceptor or interceptors
from its boundaries directly to connect with the City's sewer lines at the
City's boundaries, then the meter or meters shall be installed at the other
Responsible Party's boundaries and a determination as to the requirement
of a meter or meters at the connections to the lines within the City's
boundaries shall be made at a later time dependent upon the progress of
connections.
3. Should the Responsible Party transmit Wastewater from its Area by
transmission lines or facilities external to this Agreement by arrangement
satisfactorily made between all parties concerned and consistent with
existing related contractual agreements of the City, then the metering,
sampling and other installations at the boundaries of the Responsible
Party shall be provided by the other party for measurement of Wastewater
transmitted from its Area.
Where meters are determined by the party receiving the Wastewater to be
inadequate in operation, performance or in size, the party making the determination
may replace or direct the owner of the meter to replace such meters with satisfactory
meters. Upon being billed by the party making the determination, the owner shall
reimburse the replacing party for any expense incurred by the replacing party in
purchasing, providing, installing and maintaining each meter and necessary related
equipment. Upon termination of this Agreement or upon discontinuance of the use of a
metered sewer line, any meter or meters installed or maintained pursuant to this Section
will be the property of the party within whose Area the meter is located. Disputes arising
9
under this paragraph shall be resolved in accordance with the process established in
Subsection II(B).
The City and Roanoke County shall install adequate recording flow meters
for ail unmetered areas within their respective Areas by no later than July 1, 2005. By
July 1, 2004, the City and Roanoke County shall provide the Other Parties with a flow
meter implementation plan for approval by the Other Parties, which approval shall not
be unreasonably withheld. The plan shall include, at a minimum, the proposed location
of each flow meter necessary to record flow for all currently existing unmetered areas,
the proposed installation date for each such flow meter, and the brand, type and
relevant specifications for each such flow meter proposed to be installed.
Should one or more parties fail to approve the City's and Roanoke
County's flow meter implementation plan, the disputed portions of the plan shall be
resolved in accordance with the process established in Subsection II(B). The reasons
supporting a party's objection to the plan shall be specified in writing. If no objection has
been filed in writing within 90 days of the submission of the plan, the plan shall be
deemed approved.
It is recognized that in order to meter Wastewater flow in a line there must
be a sufficient quantity consistently in the line for the metering device to register
accurately and that there may be locations where the number of connections to the line
and subsequent wastewater flows would render metering impractical. If the service area
of any line is of such characteristic that the operation and functioning of metering
equipment would be impractical, flow quantities in such line shall be determined in such
other manner as may be agreed upon between the appropriate Responsible Parties.
10
Determination of flow quantities shall include but not be limited to Infiltration/Inflow and
other factors known or reasonably expected to exist. Notwithstanding the foregoing,
should the Area served by such line also have metered water service, the Wastewater
flow shall be considered Flow Contributions from Unmetered Areas and shall be
estimated in accordance with Subsection I(E) of this Agreement. If the service area
characteristics change for any such line so as to render metering practical, a meter shall
be installed in accordance with the provisions of the preceding paragraph.
As of the first working day of the month, or as close thereto as practical,
immediately following the commencement of transmission of Wastewater from an Area
to the City, and monthly thereafter, the City shall read the Metered Flow from the Area
to the City. The Metered Flow, plus the I/I Allowance, shall be the basis of charges
made to the Responsible Parties under Section IV of this Agreement. Should weather
conditions, malfunctioning of a meter or other circumstances beyond immediate remedy
by the City (or other Responsible Party) reasonably prohibit the City from a regular
reading of a meter, then the Wastewater flow through such line for the month shall be
the average of the Wastewater flow for the three immediately preceding months with
similar rainfall patterns, as determined by the City, wherein actual Wastewater flows
were recorded. Records of Metered Flow, obtained and maintained by the City shall be
reported to the Responsible Party and such records shall be available for inspection by
the Other Parties during all normal business hours. Any dispute over such a
Wastewater flow determined by the City shall be resolved as provided for disputes in
Subsection II(B).
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The City may provide, install and maintain, or at the City's written request
to a Responsible Party, the Responsible Party shall provide, install and maintain a by-
pass connection around each such meter, for emergency use only, by the City. The City
may install and maintain, or at the City's written request to the Responsible Party, the
Responsible Party shall provide, install and maintain manually or automatically operated
facilities for taking samples at each metering place or at any point of delivery of that
party's Wastewater. The Responsible Party shall reimburse the City for any and all
expenses incurred by the City in installing any by-pass connections and sampling
facilities, upon being billed therefor by the City.
All charges or expenses billed by the City to the Other Parties under this
Subsection C shall be based on then current reasonable costs of standard equipment,
and installation and maintenance thereof. Any dispute concerning equipment
requirements or costs thereof, shall be resolved as provided for disputes in Subsection
Il(B). All such charges and expenses billed by the City shall be paid by the Responsible
Party within 30 days.
D. It is expressly understood and agreed between the parties hereto
that the City, by this Agreement, undertakes and obligates itself to treat Normal
Wastewater and acceptable Industrial Wastewater originating only within the Areas, and
that the charges hereinafter provided for are charges to the Other Parties for services
arising under this Agreement. Accordingly, the Other Parties agree that they will not,
without prior approval of the City expressed in the form of a resolution or ordinance of
its governing body, deliver to the City under the terms and at the charges provided for in
this Agreement any Wastewater originating outside the limits of the Areas.
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IlL CHARACTER OF WASTEWATER:
A. Except as provided in Subsection Ill(B), the Other Parties agree to
take whatever measures are necessary to deliver only Normal Wastewater to the Plant,
JUIs and, when applicable, the System. The Other Parties agree that the Wastewater
as so delivered, shall comply with all requirements and limitations as set forth in the City
Code current at the time and shall not contain any elements or concentrations in
violation of any local, State or Federal statute, law, regulation, ordinance, or other legal
requirement. The Other Parties expressly agree that the definition of Normal
Wastewater may be amended should the City, as the owner and operator of the Plant,
be required to upgrade the Wastewater treatment process or be ordered or compelled
by State or federal regulatory authorities to modify the quality of effluent discharged by
the Plant into the waters of the Roanoke River, provided that the City applies and
enforces the same definition of Wastewater permitted to be introduced into its Plant or
System within the corporate limits of the City. The City agrees that the above limitations
or restrictions on character of Wastewater shall also be applicable to Wastewater
collected by the City and delivered to the Plant. The City agrees to notify the Other
Parties of any changes in the City Code relating to the Plant, the JUIs or the System.
Should the City determine that one or more of the Other Parties are
delivering Objectionable Materials to the Plant, JUIs and/or System, the City, through its
City Manager, shall notify the Responsible Party by certified mail with return receipt,
through its chief administrative officer, of such fact. Upon being so notified, the
Responsible Party agrees to immediately eliminate delivery of such Objectionable
Material to the Plant, JUIs and/or System. If the City determines that the Responsible
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Party has been notified of such fact and has not immediately eliminated delivery of such
Objectionable Materials, then the City shall have the right to take whatever action it
deems necessary to secure compliance with the Agreement. The Responsible Party
shall be liable to the City for any damage resulting to the Plant, JUIs and/or System
arising out of or resulting from the Responsible Party's delivery to the Plant, JUIs and/or
the System of any such Objectionable Material.
The parties agree that they will use reasonable efforts to prohibit and
terminate any and all connections for rain or foundation drains or for storm or surface
water disposal made to the sanitary sewer system, or any other connection to the
sanitary sewer system which allows rain, storm or surface waters to be introduced into
the sanitary sewer system, within their service Areas or to their sewer lines. The parties
further agree that they will make every reasonable effort to ensure that Wastewater
does not contain introduced storm or surface waters.
B. The City shall accept at any point of delivery for transmission and
treatment at the Plant certain Industrial Wastewater, not containing Objectionable
Materials (hereinafter "acceptable Industrial Wastewater"), pursuant to the provisions of
the City's Sewer Use Ordinance and any industrial pre-treatment agreements made by
the City or any of the Other Parties. Such acceptable Industrial Wastewater shall in no
event exceed a maximum of 1,000 p.p.m.b.o.d, or 1,000 mg/L Suspended Solids or
containing such other concentrations of constituents in violation of the then prevailing
City Sewer Use Ordinance. The Responsible Party shall pay the City a surcharge for
the treatment of other than Normal Wastewater, beyond the Base Monthly Rate as
provided in Section IV.
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C. Each Other Party expressly agrees to adopt, maintain and enforce
within its respective Area compulsory ordinances, no less regulatory or restrictive than
ordinances effective within the City, regulating, limiting or prohibiting the introduction of
substances, matter or materials which are objectionable, either as to quality or quantity,
into such Other Party's system, the System, JUIs, and Plant.
IV. CHARGES FOR WASTEWATER TRANSMISSION AND TREATMENT
SERVICE:
The Other Parties agree to pay the City the following charges for
transmitting and treating their Normal Wastewater and acceptable Industrial
Wastewater. Wastewater is to be measured at each point of delivery from the Areas. No
part of such charges shall constitute or create an equity or ownership interest of the
Other Parties in the value of the Plant, JUIs, or System.
A. The annual rates for transmission and treatment of Normal
Wastewater and acceptable Industrial Wastewater from the Areas shall be set for each
Fiscal Year based on the external annual audit. The Base Monthly Rate for Normal
Wastewater and acceptable Industrial Wastewater per one million gallons of such
Wastewater accepted for transmission and treatment shall be determined by the
method set out in Subsections B, C, D, and E below.
B. On July 1, 2003 and on July 1st of each Fiscal Year thereafter, the
Base MonthJy Rate shall be determined for such Fiscal Year for accepting, transporting
and treating Wastewater. The Base Monthly Rate shall be the amount of the "total cost
to the City" for ail Wastewater transmission and treatment for the previous Fiscal Year
divided by the average Total Plant Flow over the three previous Fiscal Years. The Base
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Monthly Rate shall be multiplied by the monthly Metered Flow plus the I/I Allowance of
the Other Parties to determine the Other Parties' unadjusted monthly charge.
The phrase "total cost to the City" for purposes of this Agreement is
defined to be the sum of:
1. All expenses of the City for its ownership, operation and
maintenance (as defined below) of the Joint Use Interceptors and Plant and all other
jointly used sewers, including payment of Capital Expenditures Which Exceed Balance
of Capital Reserve Fund (as defined below); and
2. An annual increment equal to the average percentage
increase or decrease, respectively, of the items enumerated in Subsection IV(B)(1) for
the two years immediately preceding.
3. For the purpose of determining the "total cost to the City",
the following definitions shall apply:
a. Operation and Maintenance: Actual cost of operation and
maintenance of the Plant and JUIs, excluding the cost of the City's
enfomement of the industrial pretreatment program within the City,
and including, but not limited to the following items of cost: personal
services, stationery and office supplies and equipment, postage,
teJephone, other communications, insurance and bond premiums,
automotive, travel, supplies, fuel, electricity, water, repairs, workers'
compensation costs, management, engineering, legal, treasury,
accounting, employees' retirement, hospitalization and social
security as paid by the City and miscellaneous expense. The above
expenses shall be reduced by revenues received by the City during
the year from (1) the sale of waste products of the Plant, and (2)
the surcharge fees collected by the City and those provided the City
by the Other Parties and (3) expenses for maintenance and
construction costs of sewer lines solely owned and used by the
City, to determine expenses of operation and maintenance.
b. Capital Expenditures Which Exceed Balance of Capital
Reserve Fund: Capital Expenditures on the Plant shall be
determined and communicated to the Other Parties annually for
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each Fiscal Year by the City. To the extent that such expenditures
exceed the fund balance of the Capital Reserve Fund established
herein, and are funded from retained earnings, they shall be
considered a component of "total cost to the City." If such excess
expenditures exceed $500,000 in 2003 dollars adjusted annually by
the Engineering News Record Construction Cost Index, the City
may elect to make an adjustment to the then prevailing rate by
recalculating the current Fiscal Year rate as if the excess
expenditure had occurred the preceding Fiscal Year with the
adjusted rate calculated to recover the necessary expenditure
during the remaining months of the Fiscal Year. If the costs exceed
$1,000,000 for a single excess expenditure or exceeds $2,000,000
for cumulative excess expenditures (in 2003 dollars) adjusted by
the Engineering News Record Construction Cost Index in any one
year, these costs shall be capitalized over ten (10) years at the
prevailing "20 year-Bond" Municipal General Obligation Index as
published weekly by The Bond Buyer in effect at the end of the
previous Fiscal Year, plus 1%, said rate to remain fixed over the
10-year term, with the cost expressed as debt principal and interest
added to the cost calculation formula.
The foregoing notwithstanding, the Other Parties, at their option,
may elect to pay their portion of such excess capital expenditures
without interest, within 30 days of being billed therefor.
4. The City will provide the Other Parties with an annual
audited report of its costs incurred pursuant to Subsection IV(B)(3). The City will also
provide quarterly an unaudited report of such costs.
C. The parties agree to apply all treatment surcharge costs collected
within their respective Areas and surcharges collected as set forth in Subsections Ill(C)
and IV(E) to the cost of treatment at the Plant. The surcharge costs shall be excluded
from the "total cost to the City" and shall be a separate monthly payment to the City
made as applicable by each of the Other Parties according to such Other Parties' own
billings and collections records.
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As an adjustment to the cost-sharing of the 1994 Plant Improvement
Project, the City agrees to reimburse the Other Parties by paying or crediting (as
provided herein) $1,516,000 apportioned as follows:
Roanoke County
City of Salem
Town of Vinton
Botetourt County
$706,456
504,828
134,924
169,792
The indicated amounts shall be paid or credited, without interest, by the
City to each of the Other Parties in five equal monthly installments, beginning the month
following the month that construction begins on the 2003 Wet Weather Improvement
Project. The City may make such payments by crediting the same against each of the
Other Parties' monthly bill for cost-sharing on the 2003 WWIP. If the amount owed by
the City to one or more of the Other Parties hereunder exceeds a jurisdiction's monthly
bill for cost-sharing, then the excess credit may be carried over to the next month, and
so on, until the fifth month when each of the Other Parties share of the $1,516,000 shall
be paid or credited in full.
Non-routine maintenance expenses for the JUIs will be apportioned to the
benefiting parties according to their allocated capacities in the JUls. Such expenses
shall include all repairs necessitating the use of heavy construction equipment or the
employment of a private contractor.
D. In any month during any Fiscal Year during which additional
treatment costs are incurred by the City due to the need for or requirement of additional
treatment or handling, either due to quality or quantity of Wastewater, the charge to the
Other Parties per million gallons for that month shall be adjusted by addition of such
additional cost to the City based on actual monthly flow.
E. Should the strength of the Wastewater at any point of delivery to
the City, or at the point of delivery to another party for delivery to the City, exceed a
b.o.d, of 300 p.p.m, or Suspended Solids of 300 mg/L, as determined by the City
through metering and sampling, then the Responsible Party agrees to pay to the City a
surcharge in addition to the Base Monthly Rate for Normal Wastewater. Such surcharge
shall be the actual cost, but not less than two percent (2%) of the Base Monthly Rate for
each ten (10), p.p.m, of b.o.d, or 10 mg/L of Suspended Solids, or each fraction thereof,
for the transportation and treatment of such Wastewater, within the limits set forth in
Subsection Ill(C). The Responsible Party shall continue to pay the surcharge until such
Wastewater is determined by sampling to have been reduced to the limits of Normal
Wastewater. The frequency of sampling to be required for determination of the above
such reduction shall be set by the City on a reasonable basis. Persistent excesses may
be subject to a regular schedule of sampling. Intermittent excesses may be subjected to
special and frequent sampling. The minimum period of time to which the surcharge shall
be applicable shall be fifteen (15) days. The cost of the sampling shall be paid by the
Responsible Party.
F. The Other Parties recognize that it would be unfair that the City be
required to transport and treat such Wastewater for any period during the term of this
Agreement at a rate that would enable any user within the Areas to pay less for such
service than paid by City users for similar services. Therefore, the Other Parties agree
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that the periodic base rate charge collected from individual users in the Areas shall at
no time be less than that paid by residents of the City for similar services.
G. The City agrees to render each Other Party a monthly bill for the
proper amount owed by each of them, respectively, to the City for the City's Wastewater
treatment service. Each Other Party agrees to pay the bill within 30 calendar days from
the receipt thereof. Payments in arrears shall be subject to the legal rate of interest as
then currently provided in §6.1-330.53 of the Code of Virginia (1950), as amended, or
the prime rate as published in the Wall Street Journal plus one percent, whichever is
less.
The Other Parties agree that the full amounts of any and all taxes and
assessments that may be lawfully assessed or imposed upon the City during the term of
this Agreement by the Other Parties resulting in any manner whatsoever because of the
City's providing the services required by this Agreement shall, prior to the payment
dates, be added to such monthly bill and paid by each of the Other Parties as billed.
H. Should any issues or disputes arise between the City and one or
more of the Other Parties relating to the accuracy or the computation of the charges,
resolution of such issues or disputes shall be determined by a majority vote of a
committee of three, composed of one representative of the City, one representative of
the other party or parties, and an independent certified public accountant, to be chosen
by the foregoing two. Any expenses incurred in hiring the independent certified public
accountant shall be borne equally by the City and each of the disputing party(s).
I. Nothing in this Section IV and in Section VII shall be deemed or
construed to constitute an assumption by the Other Parties of any indebtedness of the
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City, bonded or otherwise, or any agreement to pay any part of the principal thereof or
interest thereon to the holder of any such debt, provided, however, that nothing herein
shall relieve any party of its obligations under Subsection IV(B).
V. 2003 WWIP UPGRADE AND EXPANSION:
A. The parties to this Agreement agree to share the costs of and
complete all of the 2003 WWIP. The parties expressly agree to share the Total Project
Cost for the 2003 WWIP as follows:
City of Roanoke 45.7%
Roanoke County 24.5%
City of Salem 17.8%
Town of Vinton 5.5%
Botetourt County 6.5%
The Total Project Cost shall include all costs necessary to cover design,
acquisition of all necessary property interests, inspection, permit fees, construction and
preparation and any and all claims arising out of the project and the legal defense or
prosecution thereof.
1. Each party agrees to provide its own financing in order to
provide the funds required to pay its percentage of costs for the 2003 WWlP.
2. During the design and construction of the 2003 WWlP the
City of Roanoke will invoice each Other Party upon receipt of the contractor's invoice for
its pro rata share of the invoice. The invoice for each of the Other Parties will show
additionally a credit, if appropriate, calculated in accordance with Section IV(C) hereof.
Each Other Party shall pay the City the net amount invoiced within thirty (30) calendar
21
permitted by DEQ, will be
percentages:
days of receipt of each invoice. Invoices not paid within thirty (30) calendar days of
receipt of each invoice shall accrue daily interest at the then current legal rate of
interest, or the prime rate as published in the Wall Street Journal plus one percent,
whichever is less.
B. The flow capacity achieved as a result of the 2003 WWlP, as
allocated among the parties based on the following
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
Botetourt County
45.7%
24.5%
17.8%
5.5%
6.5%
O. Should the capacity of the Joint Use Interceptors and the permitted
capacity of the Plant be expanded beyond the pending anticipated upgrade capacity
during the term of the Agreement, or, having once been so expanded be later further
expanded, allocation to the Other Parties of a portion of the resultant Joint Use
Interceptors and Plant capacities shall again be mutually agreed upon, but such new
total allocation to the Other Parties shall not be less than that quantity hereby allocated
to them, expressed in MGD, of the total Joint Use Interceptors and permitted Plant
capacities as designated above, unless specifically agreed to by that party. Any new
allocation shall be negotiated by the parties based on any requested additional capacity.
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VI. SAMPLING OF AREA'S WASTEWATER:
A. The City may, at such times as it elects, sample, by any approved
method, the Wastewater delivered to it by the Other Parties through the aforementioned
recording meters. If it is determined that unacceptable Industrial Wastewater or
Objectional Materials are being so delivered to the City for transportation and treatment,
the City at its option, may:
1. Cause the Responsible Party to immediately discontinue the
delivery of any such Industrial Wastewater or Objectionable Materials and/or to reduce
the b.o.d, and Suspended Solids content of such Wastewater so that the b.o.d, and
Suspended Solids content thereof will conform with the provisions of Subsection Ill(B),
and
2. Require the Responsible Party to pay such additional charge
for the treatment and sampling of such Wastewater, as are provided in Section IV.
Imposition of a surcharge may be retroactive over a determined period during which the
violation occurred. Payment by the Responsible Party shall not constitute a basis for
continuation of the delivery of Wastewater in violation of this Agreement. The
acceptance by the City of such surcharge shall not be construed as an agreement or
waiver by the City to vary from the terms of this Agreement.
B. The City, in the presence of the Responsible Party, shall have the
right to sample and/or measure the quantity or quality of the Wastewater delivered into
the sewer lines of the Responsible Party by any individual, firm or corporation and, on
request, the Responsible Party shall arrange for and accompany any authorized
representative of the City desiring to take such sample or measure. Alternatively, upon
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written request of the City, the Responsible Party will sample or measure the
Wastewater of any such individual, firm or corporation designated or requested by the
City and deliver such sample or the certified analysis thereof to the City.
VII. SEWER LINES:
A. PREAMBLE:
1. The intent and purpose of this Section is to establish an
equitable and functional basis for the provision of sewer lines necessary for the
transportation of Wastewater from and through the Areas of the Other Parties to the
point or points of treatment. The parties recognize the difficulty of establishing a basis in
such detail as would be precisely applicable to each and every cimumstance as may
occur during the term of this Agreement. Therefore, in all instances wherein the
provisions of this Section can apply, it is agreed that they shall apply, but, where
cimumstances beyond the anticipation or detail of these provisions are encountered,
then the provisions contained herein shall control to the greatest extent practical and
such further conditions as may be necessary to be employed shall be determined by the
parties.
2. It is the further intent of this Section that none of the padies
shall act in an unreasonable manner so as to deter a recognizable need of the other to
obtain orderly means of transporting Wastewater to the point of treatment. Each party
has, and is anticipated to continue to have, a schedule or program of major sewer line
requirements and financing capabilities or projections pertaining thereto. Such
schedules or programs shall be coordinated to the greatest extent possible between the
parties, for the purposes of assuring mutual abilities to perform under this Section and
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for avoiding the need of the transportation requirements of one party constituting an
unexpected demand upon the other.
3. An overall objective of the provisions of this section is that
the design, construction and location of sewer lines shall be such as to anticipate, to the
extent that can be reasonably determined, the maximum or ultimate volume, based on
existing and potential development, of Wastewater that will be required to be
transported from or through the Areas of the Other Parties.
B. SEWER LINE CONSTRUCTION:
1. All parties agree that all sanitary sewer system interceptors,
mains, lines, pump stations, force mains, and other facilities and all additions thereto
and extensions thereof within each respective Area shall conform to the standards of
the State Health Department, the Virginia Department of Environmental Quality, or other
applicable regulatory agency.
2. Construction by City:
(a) The City shall design, construct, operate and maintain
all sewer lines within the City, except as hereinafter set forth. The City may, at its
discretion, design, construct, own, operate and maintain Wastewater transportation
facilities within the Areas of the Other Parties if the location of such facilities in those
Areas is deemed necessary or practical for proper extension or connection between two
nearby points within the City. Such lines may be joint-use with the Responsible Party
consistent with other provisions of this Agreement. Prior to construction of such facilities
in the Area of the Responsible Party, plans of design and location shall be submitted by
the City to the Responsible Party for approval, which approval shall not be
25
unreasonably withheld. The City shall cause to be obtained such interests in land as are
necessary for the construction, operation and maintenance of any such facilities.
(b) The City may construct sewer lines for transporting
and treating Wastewater from property owned by the City predominantly for public use
beyond its corporate boundaries.
However, the City shall not construct duplicating or competitive lines in
any portion of another party's Area then actively supplied with Wastewater transmission
service by that party, unless such Other Party consents to such construction, or unless
such construction is otherwise permitted by law.
(c) Should the City enter into a separate agreement with
another governmental subdivision, or other governmental agency for providing the City
allocated capacity, for the transportation and treatment of Wastewater, then any sewer
lines constructed by any party to this Agreement under this Section which may be used
or of use in the City's transportation of Wastewater from that other governmental
subdivision or agency shall be designed, constructed and located as to permit the use
of such line by all appropriate parties to this Agreement, should the other(s) so desire,
and a proportionate division of the costs of designing and constructing such line shall
reflect all such parties' designed use of such line.
3. Construction by the Other Parties:
(a) Each Other Party shall construct or cause to be
constructed without cost to the City all sewer lines within such Other Party's own Area
which are designed for the sole use of its Area and which are deemed necessary to be
26
constructed for the purpose of collecting and transmitting Wastewater in its own Area for
delivery to the City for treatment.
(b) The Other Parties may, singly or jointly, in their
discretion and at their sole expense, construct, own, operate and maintain sewer lines
within the City wherein the location of such lines within the City is deemed necessary or
practical for the proper extension to or connection between two nearby points within the
Area or Areas to be served. Prior to such construction, plans of design and location
shall be submitted for approval to the City Manager, which approval shall not be
unreasonably withheld. For such sewer lines, the constructing party or parties agree
that they will cause to be obtained all interests in land necessary for the construction,
operation and maintenance of any such facilities.
(c) In the event the other Parties shall, within their
respective programs of major sewer line requirements, seek the construction or
enlargement of a sewer line within the City to extend to the Plant or to a point of
connection with another line of the City, and the City shall decline to construct or
participate in said line upon and after reasonable written notice from the party(s)
desiring to construct, then the constructing party(s) may proceed with the construction
of said line within the City, assuming the constructing party has acquired all necessary
property interests including easements and rights-of-way and shall bear all costs of said
line and all maintenance thereof. Notwithstanding the above, no such main or
interceptor line shall be used to serve property located within the City except upon
approval of the governing body of the City expressed by resolution. The City shall not
act to unduly restrict the ability of the constructing party(s) to proceed hereunder.
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Should the City, subsequent to construction, desire to use any portion of the line, such
request shall be handled pursuant to subsection VlI(B)(4)(f).
4. Construction - Generally:
(a) When any party anticipates construction of any new
or relief sewer lines which could potentially be useable by another party, the
constructing party shall advise the other and invite participation in the design and
construction. The constructing party shall apply for any applicable State or Federal grant
monies, with concurrence and support from the other party. The local share of all capital
costs of design, construction, reconstruction, enlargement or replacement shall be
borne by both parties on a ratio equal to the percentage of design flow allocated to each
party in the new facilities, as shall be mutually agreed upon.
(b) Construction of sewer lines by any or all parties shall
conform at least to the requirements and standard specifications of the Virginia
Department of Health, and DEQ, applicable at the time of construction.
(c) It is agreed by the parties that each shall have
established and shall maintain in effect adequate land development regulations,
including zoning control and subdivision regulations, to assure the reliability and viability
of determinations made under this Section for the design, location and allocation of
capacity of its sewer lines.
(d) Consistent with the intent of the Preamble to this
Section, in the course of planning and/or prior to the construction by any party hereto of
interceptor or outfall sewer lines, coordination shall be effected between the parties to
determine the extent to which joint use is practical, feasible and/or necessary, based
28
upon then existing or future requirements. Where practical, feasible and/or necessary,
joint-use sewer lines shall be constructed. Design criteria shall anticipate fully the
projected requirements of the Area or Areas which would be served by the construction,
as defined in this Section. Such joint-use lines and related facilities shall be financed as
provided in this Section.
(e) The design and construction costs and the costs of
the maintenance and operation of interceptors, other than the JUls, used to connect the
collection systems of the parties to the Agreement shall be negotiated as separate
agreements between the applicable parties, and such separate agreements shall be
attached as Appendices to the Agreement at the time of their execution.
(f} For the purpose of determining design of joint-use
sewer lines to be constructed by any of the parties to this Agreement, the party
interested in joint use shall submit to the constructing party data and information to
support the requested design capacity or to provide a sound evaluation of the capacity
requirements projected for the Area to be, or which might ultimately, be served by such
sewer line. The City shall make available to the constructing party, data and information
pertinent to the City in planning and design of joint-use sewer lines within the City.
(g) After the date of this Agreement, if one party
constructs an interceptor or outfall line not designed for joint use, either because joint
use was not anticipated or because the other party failed or declined to participate in the
cost of construction as provided above, the other party may be allowed temporary use
of excess or unused capacity of such line. Each party agrees and covenants that such
permission shall be granted until such time as the excess or unused capacity is required
29
for use by the party financing the cost of construction. Prior to terminating joint use of an
interceptor or outfall line not designed for joint use, notice of not less than eighteen
months shall be given to the party using the excess capacity during which time this
party will make the necessary arrangements for discontinuing use of such line and shall
provide for other methods consistent with the intent and provisions of this Agreement for
transportation and disposal of its wastewater. During the period of such temporary
usage, the party using the excess capacity shall pay to the other party, based on the
ratio of its usage to total actual usage, an amount being a pro rata share of the total of
the annual cost of operation and maintenance of the line plus a pro rata share of the
initial construction cost of the line, adjusted to the then current date by standard
engineering indexes and amortized over a period of twenty (20) years.
After the date of this Agreement, if two parties jointly construct an
interceptor or outfall line and after construction, a third party requests use of such line, if
the third party has a contract for treatment with the City, then the parties to this
Agreement may permit use under the provisions of this Section. After the date of this
Agreement, if the City and another party construct or shall have constructed an
interceptor or outfall line, and any of the Other Parties to this Agreement request use of
such line but have not participated in its cost, then the parties to the construction of the
line may permit access to the requesting party under the provisions of this subsection
and by mutual agreement thereof.
(h) Every effort shall be made by all parties to avoid
unnecessary capital expenditures. The parties agree, where feasible, to alter direction
of flows to make use of existing sewer lines with available capacity or to provide
30
temporary facilities, in some instances, to avoid or defer expenditures. In this manner,
undue burdens on any other involved party can be deferred until the need arises for
major construction which would fully benefit all involved parties.
(i) In the event of any party's termination of the use of
any sewer line, there shall not be an obligation, unless otherwise mutually agreed upon,
for the non-terminating party to refund or repay to the terminating party or parties
sharing such line, any portion of funds theretofore supplied by such terminating party for
construction of such line or for operation and maintenance expenses of such line under
this Agreement.
(j) The City and Other Parties establish hereby a Capital
Reserve Fund (CRF) to be used for capital expenditures for the Plant. The parties will
collectively contribute $1,200,000 annually to the CRF. The annual contribution of each
Responsible Party will be percentages of the collective annual contribution equal to the
percentages for the flow capacity allocation in the Plant established in Section V(B). The
City shall invoice the Other Parties monthly for 1/12 of their annual contribution to the
CRF, beginning on July 1, 2004, and continuing monthly thereafter. For so long as the
fund balance of the CRF is $12,000,000 or more, the Responsible Parties shall make no
contributions hereunder. The City will include the CRF fund balance in its monthly
invoice to the Other Parties. Each Fiscal Year, the City will provide the Other Parties
with a list of anticipated projects which will be paid from the CRF during such Fiscal
Year. Quarterly, the City will also provide the Other Parties with a project list showing
the unaudited amounts withdrawn from the CRF for each project. The CRF shall be
31
used for improvements to the Plant that are required to meet permit conditions or for
improvements that are agreed to by the City and the Other Parties.
VIII. ALLOCATION OF CAPACITY:
A. The parties agree that the Plant shall serve as a regional facility in
order to be of beneficial use to those political subdivisions, or to portions thereof within
the Roanoke Valley area and its environs, which contract with the City for such use. As
assurance of such fact, the City agrees that it allocates portions of the capacity of the
Plant and Joint Use Interceptors to each of the governmental entities participating in the
use and funding of such facilities. Such portions of capacity and costs allocated to the
parties are specified in Subsection V(B) and Appendix B, respectively.
After July 1, 2005, should any party to this Agreement meet or exceed
100% of its allocated capacity in any Joint Use Interceptor or the Plant for three months
in each Fiscal Year for two consecutive Fiscal Years, it shall negotiate with any of the
Other Parties, of its choosing, who shares the use of the Joint Use Interceptors and/or
Plant, to acquire additional temporary capacity for the next Fiscal Year, or for such
longer period as to which they may agree. If additional capacity is unavailable from any
of the Other Parties, the Joint Use Interceptor and/or the Plant, as applicable, shall be
expanded with the additional capacity gained by the expansion being allocated to the
party who has exceeded its allocated capacity, or to such parties as the party who has
exceeded its allocated capacity designates. The cost of the expansion shall be borne by
the party who has exceeded its allocated capacity, or by those parties who have agreed
in writing to share such costs.
32
If two or more parties agree on a temporary lease of additional capacity,
the reimbursement for this temporary additional capacity shall be computed as agreed
to by the parties. The City shall keep records to the extent practical of Joint Use
Interceptors and Plant use on a monthly basis and provide a summary to the Other
Parties on an annual basis.
For purposes of this Section, the phrase "exceed 100% of its allocated
capacity" shall mean that a party has exceeded its pementage allocation of the capacity
of the Plant as then permitted by DEQ for a given month, whether or not the Plant has in
fact operated at its permitted capacity for that month.
Nothing contained herein shall be construed to mean that a party to this
Agreement cannot sell excess capacity on a permanent basis to another party to this
Agreement, upon such terms and conditions as the two parties may agree. In the event
of such sale, the two agreeing parties shall give notice of the sale and its terms to the
remaining parties.
C. In the event there should be added or annexed to the boundary of a
party to this Agreement any portion of the territory of the Other Parties within which are
located sewer lines transmitting to the Plant, the annexing party shall have the right to
acquire such lines, together with all appurtenant rights of way and easements. The
terms of the acquisition shall be as stipulated by the Court ordering the annexation.
IX. ASSIGNMENT:
It is agreed by the parties that their rights and obligations under this
Agreement may be assigned and transferred to a public agency or entity organized or
created by some or all of the parties under the laws of the Commonwealth of Virginia,
33
but no such assignment shall be construed as relieving the parties or their governing
bodies of any of their responsibilities and lawful undertakings herein lawfully agreed to
be undertaken.
X. TERM OF CONTRACT:
Unless terminated as herein provided for, the Agreement shall be for thirty
(30) years from the date hereof.
XI. TERMINATION:
No termination of the Agreement shall occur except after notice in writing
of such intent to terminate, perfected by declaratory judgment action or by other
appropriate legal proceeding brought and conducted by any party in a court of
competent jurisdiction in the Commonwealth of Virginia.
XlI. SEVERABILITY:
If any part or parts, section or subsection, sentence, clause or phrase of
this Agreement is for any reason declared to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portions of this Agreement.
XlII. ENTIRE AGREEMENT:
The Agreement constitutes the entire agreement of the parties hereto and
supersedes all prior offers and negotiations among the parties. The Agreement further
supersedes the following Agreements between the City and the respective parties: the
Agreement dated November 1, 1994 and the amendment thereto dated January 31,
1997, and to the extent of any inconsistency, any and all other previous agreements
between the City and any of the Other Parties. No revision or amendment of the
Agreement shall be valid unless made in writing and signed by the parties hereto.
34
XIV. COPIES:
The Agreement may be executed in quintuplicate, any one of which shall
be deemed the original.
XV, REPRESENTATIONS:
Each party represents for itself and warrants to the Other Parties hereto
that it has all requisite power and authority to enter into the Agreement which is legally
binding upon it and that it has all requisite power and authority to perform its obligations
under the Agreement and incidental hereto.
XVl, EFFECTIVE DATE:
The Agreement shall become effective on November 1,2003.
WITNESS the following signatures and seals:
ATTEST: CITY OF ROANOKE
By
Mary F. Parker, City Clerk Ralph K. Smith, Mayor
APPROVED AS TO FORM:
APPROVED AS TO EXECUTION:
Roanoke City Attorney
ATTEST:
Gerald A. Burgess, Clerk
Board of Supervisors
APPROVED AS TO FORM:
COUNTY OF BOTETOURT
By
Stephen P. Clinton, Board Chairman
Board of Supervisors
APPROVED AS TO EXECUTION:
Botetourt County Attorney
35
ATTEST: COUNTY OF ROANOKE
Diane Childers, Clerk
Board of Supervisors
By
Joseph McNamara, Chairman
Board of Supervisors
APPROVED AS TO FORM:
APPROVED AS TO EXECUTION:
Roanoke County Attorney
ATTEST:
CITY OF SALEM
James E. Taliaferro, II, City Clerk
By
Carl E. Tarpley, Jr., Mayor
APPROVED AS TO FORM:
APPROVED AS TO EXECUTION:
Salem City Attorney
ATTEST:
TOWN OF VINTON
Carolyn S. Ross, Town Clerk
By
Donald L. Davis, Mayor
APPROVED AS TO FORM:
APPROVED AS TO EXECUTION:
Vinton Town Attorney
36
APPENDIX A
Example Calculations of Wastewater Flow Contribution from Unmetered Areas
For Areas that are unmetered, the volume of wastewater shall be determined by
multiplying the metered water sales (WS) in the unmetered areas by the ratio (RS) of
the City of Salem's annual metered wastewater to water sales, averaged for the
preceding three fiscal years.
Example: Determination of RS ratio
City of Salem's annual metered water sales for fiscal year just ended = 3.5 mgd
Salem's annual metered wastewater sales for fiscal year just ended = 7 mgd
Previous two fiscal years' ratios, 1.6 and 1.4
Ratio for fiscal year just ended = 7/3.5 = 2.0
Ratio (RS) for billing purposes for current fiscal year = (2.0+1.6+1.4) / 3 = 1.67
Example: Unmetered Flow Determination
To calculate unmetered wastewater flow from a 10 unit area each with 1000 gallons per
month metered water sales, sum the water sales from each of the ten units. Multiply by
the City of Salem ratio.
Unmetered wastewater flow = sum of WS x RS
Unmetered wastewater flow
= sum of (10 x 1000 gallons/month) x 1.67
= 16,700 gallons per month
37
Z
'"6
o o~
E
LO 0
cq
E
0
0
o
APPENDIX C
JUl I/I Deduction From Metered Flow
Example:
Joint Use Interceptor
F = City of Roanoke Flow Meter = 100,000 gpd
1,2, 3 = Manholes
A = 200 in-mile of JUl @ 100 gpd/in-mile
B = 300 in-mile of JUl @ 100 gpd/in-mile
Deduction from Metered Flow -- F - A(I/I) - B(I/I)
-- 100,000 gpd - (200 in-mile x 100 gpd ) + (300 in-mile x 100 gpd )
in-mile in-mile
= 100,000 gpd - 20,000 gpd - 30,000 gpd
Deduction from Metered Flow = 50,000 gpd
41
LO
0
II
0
0 +
OJ +
II
+~
II + +
OCO
Ii Ii
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 8, 2003
File #5
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36507-100603 authorizing execution of the
Memorandum of Understanding with the U. S. Marshal's Service and other law
enforcement agencies regarding the Blue Ridge Fugitive Apprehension Strike Team Joint
Fugitive Task Force of the Western District of Virginia.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003.
MFP:sm
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
Darlene L. Burcham
October 9, 2003
Page 2
pc~
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Glenn Asher, Risk Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Th~~- 6th day of October, 2003.
No. 36507-100603.
A RESOLUTION authorizing the execution of a Memorandum of Understanding with
the U.S. Marshal's Service and other law enforcement agencies regarding the Blue Ridge
Fugitive Apprehension Strike Team Joint Fugitive Task Force of the Western District of
Virginia.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the
City Clerk, are hereby authorized to execute, seal and attest, respectively, the Memorandum of
Understanding with the U.S. Marshal's Service and other law enforcement agencies, upon the
terms and conditions described in the letter of the City Manager dated October 6, 2003, including
provisions for assumption of liability and indemnifying the United States, in a form approved by
the City Attorney.
ATTEST:
City Clerk.
H:Wleasures\Blue Ridge Fugitive Task Force. doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.coin
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr. Council Member
Honorable Beverly T. Fitzpatrick, Jr. Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Joint Fugitive Task Force
Back.qround
The U.S. Marshals Service (USMS) has proposed the formation of a "Joint Fugitive
Task Force" (JFTF) to improve cooperative efforts among local jurisdictions in locating
wanted persons. The mission of the JFTF will be to conduct, in a coordinated manner,
investigations and to arrest local, state and federal fugitives with outstanding warrants
for crimes of violence. Members of the JFTF will include: United States Attorney's
Office, United States Marshals Service, Virginia Department of Game and Inland
Fisheries, Franklin County Sheriff's Office, Roanoke Police, Bedford County Sheriff's
Office, and Wytheville Police Department. The membership of the JFTF will be limited to
one (1) investigator and one (1) alternate from each agency, with the exception of the
state agencies which may assign additional investigators due to their large geographical
coverage areas. All local and state law enforcement officers will be required to be
deputized as Special Deputy U.S. Marshals. These deputations will remain in effect
throughout the tenure of the officer's assignment on JFTF. Supervision of the personnel
assigned to the JFTF will be the mutual responsibility of the participating agencies,
however, the day-to-day operations and administrative control of the JFTF will be the
responsibility of the USMS JFTF Coordinator. The USMS JFTF Coordinator will oversee
the prioritization and assignment of targeted cases and related investigative activities in
accordance with the stated objectives of the JFTF. A copy of the "Memorandum of
Understanding" proposed by the USMS for this Joint Fugitive Task Fome is attached.
The Memorandum of Understanding provides that the City will hold harmless the United
States from any claim, cause of action or judgment resulting solely from the negligent
acts of its employees, and that the City will assume liability for the negligence of its
The Honorable Mayor and Members of City Council
October 6, 2003
Page 2
employees and for any property damage to Federal vehicles resulting from the use of
such vehicles by City police officers. This assumption of liability, by agreement, is not a
waiver of sovereign immunity.
The Roanoke Police Department currently has a similar function with the Drug
Enforcement Administration (DEA) and with the Bureau of Alcohol, Tobacco and
Firearms (ATF). Participating in the JFTF will allow police officers to access the USMS'
on-line search mechanisms in an attempt to locate fugitives. Participating officers will
learn new skills from their interaction with officers from other agencies.
Recommended Action:
Authorize the City Manager to execute the Memorandum of Understanding (attachment)
for the USMS Blue Ridge Fugitive Apprehension Strike Team Joint Fugitive Task Force
of the Western District of Virginia.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:fjd
Attachment
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager
A. L. Gaskins, Chief of Police
Glenn Asher, Risk Management
CM03-00194
U.S. MARSHALS SERVICE
BLUE RIDGE FUGITIVE APPREHENSION STRIKE TEAM
JOINT FUGITIVE TASK FORCE
OF THE WESTERN DISTRICT OF VIRGINIA
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is being executed by the below
listed agencies in connection with the U.S. Marshal Federal and State Joint Fugitive
Task Force (JFTF).
United States Attorney's Office
United States Marshals Service (USMS)
Franklin County Sheriff's Office
Roanoke Police
Virginia Department of Game and Inland Fisheries
Bedford County Sheriff's Office
Wytheville Police Department
The agencies listed above agree, jointly and severally, to abide by the terms and
provisions of this MOU throughout the duration of the JFTF Operations. Nothing in this
MOU should be considered as limiting or impeding the basic spirit of cooperation which
exists between the participating agencies listed above.
I. MISSION
The mission of the JFTF is to conduct investigations and arrest state, local and
federal fugitives with outstanding warrants for crimes of violence, in a jointly coordinated
manner.
II. CRITERIA
Fugitives will include those individuals who are wanted for and have been
charged with crimes of violence such as: murder, attempted murder, kidnapping,
assault, sex crimes, robbery, extortion, drug crimes (including methamphetamine and
other dangerous drugs), and weapons offenses. Aisc included will be escapees from
penal institutions, parole/probation violators, subjects who have failed to appear and
who are wanted for or have a history of violent criminal offenses. Other cases not fitting
the criteria will be examined on a case-by-case basis.
III. DEPUTATION
All local and state law enforcement officers will be required to be deputized as
Special Deputy U.S. Marshals. These deputations will remain in effect throughout the
tenure of the officer's assignment on JFTF. These special deputations are in effect only
when the state and local law enforcement officers are performing Task Force duties.
IV. SUPERVISION
Supervision of the personnel assigned to the JFTF will be the mutual
responsibility of the participating agencies, however, the day-to-day operations and
administrative control of the JFTF will be the responsibility of the USMS JFTF
Coordinator. The Supervisory Deputy U.S. Marshal will provide operational oversight.
The U.S. Marshal and/or the Chief Deputy United States Marshal for the Western
district of Virginia will have overall supervisory authority over JFTF operations.
Membership to the JFTF will be limited to one (1) investigator and one (1)
alternate from each agency, with the exception of the state agencies who may assign
additional investigators due to their large geographical coverage areas. These
additional investigators will be mutually agreed upon by the United States Marshal and
the director of the state agency in question.
V. ADMINISTRATION
The USMS JFTF Coordinator will oversee the prioritization and assignment of
targeted cases and related investigative activities in accordance with the stated
objectives of the JFTF. Cases will be assigned to investigative teams based on
experience, training, performance, expertise, existing caseload and the discretion of the
JFTF Coordinator.
All investigative reports and statistical data will be prepared in accordance with
USMS policy. Subject to pertinent legal and/or policy restrictions, copies of documents
created by task force members will be made available to their respective agencies, as
appropriate. All investigative files generated by the JFTF will be maintained at the U.S.
Marshals Service, Western District of Virginia Office.
VI. MEDIA
All media releases pertaining to JFTF investigations and/or arrests will be
coordinated and made jointly by all agencies participating in this MOU in conjunction
with the United States Attorney's Office and United States Marshals Service, Office of
Public Affairs. No unilateral press releases will be made by any participating agency
without the prior approval of the other participants. No information pertaining to the
JFTF itself, or its members will be released to the media without the mutual approval of
all participants.
VII. USE OF USMS VEHICLES
Subject to funding availability, the USMS hereby agrees and authorizes members
of the participating agencies of the JFTF to use vehicles leased and owned by the
USMS for the furtherance of the mission of the JFTF, in compliance with existing USMS
policy for the operation of U.S. Government vehicles. To the extent provided, imposed
or allowed by law, each Agency aforementioned agrees to assume liability for any
willful, wanton or negligent act or omission of any of its employees resulting from the
use of said vehicles and each agency aforementioned also agrees to assume liability for
property damage to said vehicles caused by any acts or omissions of its employees in
the use of the vehicles. The USMS will supply mobile and/or portable radios for
communication during JFTF operations if needed. Nothing herein waives or limits the
sovereign immunity of any agency under federal or state statutory, common or
constitutional law.
VIII. OFFICE SPACE AND MISCELLANEOUS ITEMS
The USMS agrees to provide office spaces at the Federal Buildings in Roanoke,
Virginia. The USMS will provide equipment and supplies necessary to carry out the
administrative operations of the JFTF.
The JFTF will be able to request assistance from the USMS Electronic
Surveillance Unit (ESU) and other resources through the USMS warrant coordinator
and the United States Marshals Service, Investigative Services Division.
IX. LIABILITY
To the extent required or imposed by law, each agency shall be responsible for
the acts or omissions of its personnel. Participating agencies or their employees shall
not be considered as agents of any other participating agency. Nothing herein waives
or limits the sovereign immunity of any agency under federal or state statutory, common
or constitutional law. The participating agencies agree to hold harmless the United
States from any claim, cause of action, or judgment resulting solely from the negligent
acts of their employees. Legal representation by the United States is determined on a
case by case basis. The USMS cannot guarantee that the United States will ~rovide
legal representation to any federal, state or local law enforcement officer.
X. DURATION
This MOU shall remain in effect until terminated as specified below. This
agreement may be modified at any time by written consent of all involved agencies. A
participating agency may withdraw from this agreement at any time by providing a 30
day written notice of its intent to withdraw to all other participating agencies. Upon the
termination of the JFTF and the MOU, all equipment will be returned to the supplying
agencies.
New agencies may join the JFTF at the discretion of the United States Marshal
and the Investigative Services Division but must agree to all provisions of the MOU.
Xi. MODIFICATIONS
This agreement may be modified at any time by written consent of all agencies.
Modifications to this MOU shall have no force and effect unless such modifications are
reduced to writing and signed by an authorized representative of each participating
agency.
PROSECUTION
An arrest based on a warrant will be prosecuted in the State or Federal Court
that issued the warrant. A determination will be made by the United States Attorney on
a case-by-case basis when thera is an arrest of a fugitive on whom there is an
outstanding warrant in both the State and Federal systems as to where the prosecution
venue lies.
SCHEDULE OF WORK HOURS
Work hours will be decided at the monthly coordinators meeting. Each agency
will be responsible for its own members' overtime pay or compensation.
INFORMANTS
It is agreed that funds for informants for state, local or federal warrants will be
supplied by the agency with warrant jurisdiction according to that agency's standard
procedures.
USE OFFIREARMS
It is agreed that all members of the JFTF shall comply with their agency's
guidelines relative to the use of firearms and deadly force. In the event of a shooting
incident, it will be investigated by the appropriate agency or both agencies as the case
may be.
ARREST ATTEMPTS
When an attempt is being made to arrest a subject within a city or county, a
request for a marked car and uniformed officer will be made to assist in the arrest, when
feasible, at the discretion of the arrest team leader.
HOSTAGE AND BARRICADE SITUATIONR
Upon the first indication of a hostage or barricade situation, the Supervisory
Deputy U.S. Marshal (SDUSM) will be notified and a request for a USMS tactical unit or
a tactical unit from the nearest available agency will be made for assistance. Upon
arrival of the tactical unit, the tactical unit commander will assume command of the
situation and will make all operational decisions. The SDUSM will also advise JFTF
headquarters of the hostage or barricade situation.
John Brownlee
United States Attorney
Date
G. Wayne Pike
United States Marshal
Date
W. Q. Overton
Sheriff
Franklin County Sheriff's Office
Date
Darlene L. Burcham
City Manager
City of Roanoke
Date
William L. Woodfin, Jr.
Director
Department of Game and Inland Fisheries
Date
Mike Brown
Sheriff
Bedford County Sheriff's Office
Date
Harry Ayers
Chief of Police
Wytheviile Police Department
Date
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 9, 2003
File #5-188-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36509-100603 authorizing the City Manager to
accept the 2003-11 Office of Domestic Preparedness State Homeland Security Grant from
the Virginia Department of Emergency Management to obtain federal funds under the
Federal Office of Justice Programs, National Domestic Preparedness Office Grant
Programs, in the amount of $246,434.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 9, 2003
Page 2
pc~
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Fire/EMS
Paul Truntich, Administrator, Environmental and Emergency Management
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36509-100603.
A RESOLUTION authorizing the application to and acceptance of the
2003-11 Office of Domestic Preparedness State Homeland Security Grant from
the Virginia Department of Emergency Management to obtain federal funds
under the federal Office of Justice Programs (OJP), National Domestic
Preparedness Office Grant Programs and authorizing the execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute an application, on behalf
of the City of Roanoke, a public entity established under the laws of the
Commonwealth of Virginia, and file it in the appropriate state office for the
purpose of obtaining certain federal financial assistance under the OJP, National
Domestic Preparedness Office Grant Programs, administered by the
Commonwealth of Virginia, such grant being more particularly described in the
letter of the City Manager dated October 6, 2003, upon all the terms, provisions
and conditions relating to such application.
2. Following application and award of the grant, the City Manager is
authorized to accept the grant from the Virginia Department of Emergency
Management in the amount of $246,434, upon all the terms, provisions and
conditions relating to the receipt of such funds.
3. The City Manager and the City Clerk are hereby authorized to
execute, seal and attest, respectively, any necessary documents with regard to
H:WIeasures~Fire~Homeland Security Grant.doc
the grant and to provide all documents or information to the Commonwealth and
to the Office of Justice Programs with regard to all matters pertaining to such
Federal financial assistance and any and all information pertaining to this grant
as may be requested. All such documents to be approved by the City Attorney.
A'I-rEST:
City Clerk
H:WIeasures~FirehHomeland Security Grant.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 9, 2003
File #5-60-236-188
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36508-100603 appropriating $246,434.00 in
connection with the Office of Domestic Preparedness State Homeland Security Grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F.
City Clerk
CMC
MFP:ew
Enclosure
Jesse A. Hall
October 9, 2003
Page 2
pc:
Dadene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Fire/EMS
Paul Truntich, Administrator, Environmental and Emergency Management
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36508-100603.
AN ORDINANCE appropriating funds for the Office of Domestic
Preparedness State Homeland Security Grant, amending and reordaining certain
sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2003-2004 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Project Supplies
Other Equipment
Revenues
State Homeland Security
035-520-3525-3005
035-520-3525-9015
$ 102,934
143,500
035-520~3525-3525
246,434
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Ruped Cutler, Council Member
Honorable Alfred T. Dowe, Jr. Council Member
Honorable Beverly T. Fitzpatrick, Jr. Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Office of Domestic
Preparedness State
Homeland Security Grant
Background:
The Virginia Department of Emergency Management has announced the
allocation of the 2003-11, Office of Domestic Preparedness State Homeland
Security Grant Program. This grant is designed to allow local governments in
Virginia to supplement funding received from the 2003-1 Equipment Grant
Program. The 2003-11 Grant is for first responders to have better preparedness to
combat and deal with terrorist acts involving weapons of mass destruction and to
mitigate the costs of enhanced security at critical infrastructure facilities during
periods of hostilities with Iraq and if enough funding remains, to help with costs in
future periods of heightened threat.
The City of Roanoke has been allocated a total of $246,434 under this grant. This
amount is based upon a formula that provided $50,000 plus $2.07 per capita to
our locality. Funding will be made available upon review of the budget detail listing
and approval by the Virginia Department of Emergency Management and the
Office of Domestic Preparedness.
Considerations:
This funding, which requires no local match, must be used according to the
requirements specified by the Office of Domestic Preparedness. The 2003-11
Grant allows localities to spend funds in 4 areas of need in First Responder
Preparedness, including specialized emergency response equipment and
The Honorable Mayor and Members of Council
October 6, 2003
Page 2
terrorism incident prevention equipment; the design, development, conduct and
evaluation of exercises for the combating of terrorism; institutionalizing awareness
and performance level training; and for the planning and administrative costs
associated with the updating and implementing of the State's Homeland security
strategy. The Grant requires that the City participate in and complete an
assessment of its abilities to handle a terrorist attack. It is anticipated that the
assessment will take a sizeable amount of time on the part of key responders and
management personnel.
Recommended Action:
Authorize the City Manager and the City Clerk to execute and attest, respectively,
on behalf of the City of Roanoke, any agreements or documentation required in
connection with obtaining and accepting the above allocation in the amount
indicated and to furnish such additional information and take such additional action
as may be needed to implement and administer such funds and agreements, such
documents to be approved as to form by the City Attorney.
Appropriate funding of $246,434 and establish a corresponding revenue estimate
in accounts established by the Director of Finance in the Grant Fund.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB/jsf
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Fire-EMS Chief
Paul Truntich, Administrator, Environmental and Emergency Management
#CM03-00195
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 9, 2003
File #60-188-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36511-100603 authorizing the City Manager to
accept, on behalf of the City of Roanoke, "pass-through" funding from a two-year contract
with the Commonwealth of Virginia, Department of Emergency Management, to participate
in a Regional Hazardous Materials Response Team, in the amount of $15,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 9, 2003
Page 2
pc:
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Fire/EMS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 2003.
lqo. 36511-100603.
A RESOLUTION authorizing the City Manager to accept, on behalf of the City of
Roanoke, "pass-through" funding from a two-year contract with the Commonwealth of Virginia,
Department of Emergency Management to participate in a Regional Hazardous Materials
Response Team.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is
hereby authorized, on behalf of the City, to accept $15,000.00 in "pass-through" funding
pursuant on a two-year contract commenced July 1, 2002 with the Commonwealth of Virginia,
Department of Emergency Management, to participate in a Regional Hazardous Materials
Response Team, as is more particularly set forth in the letter of the City Manager dated October
6, 2003.
ATTEST:
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 9, 2003
File #60-188-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36510-100603 appropriating $15,000.00 in
connection with the Regional Hazardous Materials Response Team Grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Jesse A. Hall
October 9, 2003
Page 2
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Fire/EMS
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36510-100603.
AN ORDINANCE appropriating funds for the FY04 Hazardous Materials
Response Team Grant, amending and reordaining certain sections of the 2003-
2004 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2003-2004 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment (<$5,000)
Training and Development
Revenues
Hazardous Materials Response
Team FY04
035-520-3226-2035 $ 10,000
035-520-3226-2044 5,000
035-520-3226-3226
15,000
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CilyWeb: www.roanokegov.corn
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr. Council Member
Honorable Beverly T. Fitzpatrick, Jr. Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Regional Hazardous
Materials Response Team
Grant
Background:
Since July 1, 1986, the city has been under contract with the Virginia Department
of Emergency Management (VDEM) to respond to Level Iii hazardous materials
incidents in a regional concept involving firefighters/EMTs from the cities of
Roanoke and Salem. On November 18, 2002, City Council authorized the City
Manager to renew its agreement to participate in a Level III Regional Response
Team. This agreement is renegotiated bi-annually in order to keep funding and
reimbursement needs current.
Roanoke benefits in several ways from this contract. The city receives
reimbursement for training, team member physical examinations and purchase of
related equipment. Without this state contract, the city would still have a need for
a hazardous materials response team but would not have the corresponding
benefit of being a reimbursed regional provider.
Considerations:
The present VDEM hazardous materials team contract expires June 30, 2004.
VDEM agreed to furnish $15,000.00 per year in "pass-through" funds in order to
assist with the purchase of equipment, physicals, and to attend training programs
needed to comply with Federal and State response criteria mandates.
"Pass-through" funding totaling $15,000.00 has been received from VDEM as of
The Honorable Mayor and Members of Council
October 6, 2003
Page 2
this report and deposited in revenue account 035-520-3226-3226.
Recommended Action:
City Council accept the "pass-through" funding which honors the two-year VDEM
hazardous materials team contract for the period July 1, 2002 until June 30, 2004.
City Council appropriate funding of $15,000 as follows: $10,000 to Expendable
Equipment and $5,000 to Training and Development under the Hazardous
Materials Response Team Grant (035-520-3226-2035 and 035-520-3226-2043).
Establish a revenue estimate of $15,000 in account 035-520-3226-3226.
City Manager
DLB/jsf
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Qperations
James Grigsby, Fire-EMS Chief
#CM03-00197
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 9, 2003
File #2-67-216-529
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36516-100603 providing for acquisition of property
located contiguous to the Blue Ridge Parkway and Mill Mountain Park, in order to protect
the viewshed of the Blue Ridge Parkway.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 9, 2003
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The: 6th day of October, 2003.
No. 36516-100603.
AN ORDINANCE providing for the acquisition of property located contiguous to
the Blue Ridge Parkway and Mill Mountain Park in order to preserve the viewshed of the
Blue Ridge Parkway; authorizing the proper City officials to execute and attest any
necessary documents for this acquisition; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the preservation and protection of the viewshed of the Blue
Ridge Parkway as required by the Virginia Outdoors Plan and in keeping with the multi-
regional Blue Ridge Parkway viewshed planning process, the City wants and needs fee
simple title to property located contiguous to the Blue Ridge Parkway and Mill Mountain
Park and identified as Roanoke City Tax Map Nos. 4470101 and 4480101, and as further
stated in the City Manager's letter to City Council dated October 6, 2003, and attachment
thereto. The proper City officials are authorized to execute and attest the necessary
documents, in form approved by the City Attorney, to acquire for the City from the
respective owner fee simple title to the parcels, for a consideration not to exceed
$140,000.00.
2. The City's purchase of the above-referenced property is subject to the City
being able to obtain a satisfactory environmental assessment of the property and an
acceptable title report.
3. Upon delivery to the City of a deed, approved as to form and execution by
the City Attorney, the Director of Finance is directed to pay the consideration to the
owner, certified by the City Attorney to be entitled to the same.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 10, 2003
File #2-60-67-216-529
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36512-100603 amending and reordaining certain
sections of the 2003-2004 Capital Projects Fund Appropriations, in connection with
appropriation of funds for land acquisition at Mill Mountain.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
October 10, 2003
Page 2
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36512-100603.
AN ORDINANCE appropriating funds for land acquisition at Mill Mountain,
amending and reordaining certain sections of the 2003-2004 Capital Projects Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE iT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Mill Mountain Land Acquisition
Fund Balance
Capital Fund Interest Earnings
Other Fund Balance Available
008-620-3525-9050 $ 146,550
008-3325 ( 89,365)
008-3349 ( 57,185)
Pursuant to the provisions of Section 12 of the City Char~er, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Mill Mountain Land Acquisition
Background:
As a part of the multi-regional Parkway viewshed planning process, the most recent
Virginia Outdoors Plan states the necessity for local governments to acquire private
land in order to preserve and protect the viewshed of the Blue Ridge Parkway.
Furthermore, the City's Vision Plan articulates the benefit to the entire community of
preserving trees in the Valley.
Currently, there are approximately 55 acres of heavily forested land identified as Tax
Map #4470101 and #4480101 (Attachment 1) that lay contiguous to the B~ue Ridge
Parkway and Mill Mountain Park, which are privately owned. The property owner is
interested in preserving this land as a pristine open public space rather than seeing the
land developed.
Considerations;
In order to keep this property a natural reserve, the property owner has agreed to sell
both parcels to the City for $140,000, which is slightly under the property's assessed
value. Before purchase can be made, a Phase I Environmental Site Assessment and a
metes and bounds survey will be conducted for both parcels. Partial funding of $57,185
is available in an undesignated capital fund balance (008-3349) and the remaining
funds of $89,365 are available in capital fund interest earnings (008-3325). The total
cost of $146,550 includes the cost for the assessment, survey, and property purchase.
The Honorable Mayor and Members of Council
October 6, 2003
Page 2
Recommended Action:
City Council approve the purchase of properties identified as Tax Map #4470101 and
#4480101, contingent upon the return of an acceptable title search and environmental
assessment. Appropriate funding, as outlined above, in an account to be established by
the Director of Finance in the Capital Projects Fund.
City Manager
DLB/SCB:kaj
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director of Parks and Recreation
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00196
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 9, 2003
File #60-72
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36514-100603 authorizing continuation of the
services of the Eligibility Worker stationed at the Health Department, in accordance with
the original Agreement between the Roanoke City Department of Social Services, the State
Health Department and the Virginia Department of Social Services, upon certain terms and
conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 9, 2003
Page 2
pc~
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Vickie L. Price, Acting Director of Human Services
Molly O'Dell, M. D., Director, Health Department
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of October, 2003.
No. 36514-100603.
A RESOLUTION authorizing the City Manager to continue the services of the
Eligibility Worker stationed at the Health Department in accordance with the original
Agreement between the Roanoke City Department of Social Services, the State Health
Department and the Virginia Department of Social Services, upon certain terms and
conditions.
WHEREAS, Roanoke City Department of Social Services, the State Health
Department, and the Virginia Department of Social Services entered into an agreement in
1994 to establish an Eligibility Worker position through the Department of Social Services to
be placed at the Roanoke City Health Department to ensure that all citizens have an
opportunity to apply for Medicaid;
WHERAS, the services of the Eligibility Worker are beneficial to both citizens and
the Health Department in that it respectively allows citizens requesting services from the
Health Department to apply for Medicaid at the same time, thereby making the application
process more accessible and efficient, while enabling the Health Department to maximize
Medicaid revenue; and
WHEREAS, this program is also beneficial to the Department of Social Services in
that it is provided an eligibility worker at no cost for salary and benefits.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager is authorized to continue the services of the Eligibility Worker stationed at the
Health Department in accordance with the original agreement between Roanoke City
Department of Social Services, the State Health Department, and the Virginia Department of
Social Services, upon such terms and conditions as more fully set forth in the City Manager's
letter dated October 6, 2003, to Council.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 10, 2003
File #60-72
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36513-100603 amending and reordaining certain
sections of the 2003-2004 Grant Fund Appropriations in connection with continuation of
the Eligibility Worker stationed at the Health Department.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003.
Sincerely,
Mary F. Parker,
City Clerk
CMC
MFP:ew
Attachment
Jesse A. Hall
September 22, 2003
Page 2
pc;
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Vickie L. Price, Acting Director of Human Services
Molly O'Dell, M. D. Director, Health Department
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of October, 2003.
No. 36513-100603.
AN ORDINANCE appropriating funds for the Restricted Eligibility
Worker, amending and reordaining certain sections of the 2003-2004 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
ICMA Match
FICA
Medical Insurance
Dental Insurance
Disability Insurance
035-630-5180-1002 $ 28,033
035-630-5180-1105 2,179
035-630-5180-1116 650
035-630-5180-1120 2,196
035-630-5180-1125 3,024
035-630-5180-1126 211
035-630-5180-1131 76
Revenues
Medicaid Worker State FY04
Medicaid Worker Federal FY04
035-630-5180-5181
035-630-5180-5182
18,185
18,184
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Funding for Restricted Eligibility
Worker
Background:
The City of Roanoke Department of Social Services and the State Health Department
entered into an agreement in 1994 to establish an Eligibility Worker position through the
Department of Social Services to be placed at the Roanoke Health Department to
assure that all citizens have an opportunity to apply for Medicaid. The Agreement
remains in effect until modified by mutual consent or operation of law. (See Attachment
A).
There is no local cost for this position. Approximately 50% of the cost is reimbursed
from federal Medicaid administrative funds, and the Health Department reimburses the
remaining cost.
Considerations:
The City of Roanoke Health Department is satisfied with the results of having this
position on location and wishes to continue the services.
Honorable Mayor and Members of City Council
October 6, 2003
Page 2
Recommended Action:
Authorize the City Manager to continue the services of the Eligibility Worker stationed at
the Health Department in accordance with the original agreement. Adopt revenues of
$36,369 from state and federal sources and appropriate expenditures as outlined below
in accounts to be established by the Director of Finance.
· Salary $28,033
· City Retirement 2,179
· ICMA Match 650
· FICA 2,196
,, Health Ins. 3,024
· Dental Ins. 211
· Disability Ins. 76
$36,369
Respectfully submitted,
City Manager
DLB:rji
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Vickie L. Price, Acting Director of Human Services
Molly O'Dell, M.D. Director of Health Department
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00199
MEDICAID
ELIGIBILITY DETERMINATIONS
PLACEMENT OF ELIGIBILITY DETERMINATION STAFF
AT DESIGNATED HEALTH DEPARTMENTS
AGREEMENT
Between
The State Health Department
The Virginia Department of Social Services
Department of Social Services
ARTICLE I
PURPOSE
This Agreement is entered into as of the date specified below by and between ~
C..i~ Depm tment of Social Services hereafter referred to as the Local DSS, The State Health
Depaxtment hereafter referred to as Health Depa~ lanent, and the Virginia Department of Social
Services, hereafter referred to as VDSS to locate a Medicaid worker, hereafter referred to as
Health Department Eligibility Worker (HDEW), on-site at the Health Department.
The Loc~ DSS and the Health Department agree to use the HDEW exclusively for the
purpose outlined in this Agreement. The Local DSS is specifically prohibited from using the
HDEW for any purpose other than completing cases originating through the Health
Department.
ARTICLE II
FUNCTIONS TO BE PERFORMED BY HDEW
A. Application Acceptance and Processing
Medicaid Applications - Health Department patients referred to the HDEW shall have
all the rights and privileges of any other applicant for assistance. Health Department
personnel will refer for Medicaid eligibility determination all potentially eligible
medically indigent patients.
~ - Eligibility for Medicaid will be determined using all
applicable rules, regulations, and policies governing the general population
applying for Medicaid.
Each HDEW shall be supplied a copy of the Medicaid Manual by the
Local DSS. It shall be the responsibility of each HDEW to keep the
Medicaid Manual current with all revising tran~xittals.
All forms necessary to proce~ Medicaid applications shall be ordered by
the appropriate local DSS through the usual procedures and made
available to the HDEW.
~- The HDEW shall process all Medicaid applications taken
at the Local Health Development for adults and children who are residents of
the HDEW's locality. Completed cases shall be forwarded daily to the local
DSS for immediate enrollment.
ao
Applications for patients from other jurisdictions will 1~ forwarded by
the HDEW, unprocessed, to the city or county of residence.
Medicaid eligibility must be determined ia conformity with processing
standards contained at Part II, Chapter A, of the Medicaid Manual.
Therefore, no local DSS processing procedures shall encumber or delay
certifying and enrolling eligible cases.
2
B. Confidentiality of File InformatiQll
Confidentially of client information contained in existing files (both paper and
electronic) is to be protected, and access to Medicaid eligibility files shall be
limited to the HDEWs and Local Departments of Social Services.
Information released to Health DeparUncnt personnel shall be limited to
information authorized for dissemination in accordance with the applicant
Release of Information. It shall be released in a manner consistent with
efficiency and non-duplication of effort among the Medicaid, WIC, and medical
services program~.
Information maintained by or which can be secured by the local DSS shall be
shared with the HDEW when necessary to determine eligibility for Medicaid
under this Agxeement. This includes diagnosis information and local public
records.
C. Health Department Eli~bility Workers - Organi:,atiorl
Caseload Standards - The HDEW shall be an employee of the local DSS but
shall not count in the determinations of local stalTmg needs.
StalTmg level will be one full time position. This stalTmg level will be re-
evaluated by re_nr~entativ~q of the parti~q to thi~ A~eement after one year of
operation using the following criteria to determine its applicability and the need
to mal~o, adjustment.
Increased reimbursement by Medicaid due to increased Medicaid
enrollment then compared to the one year period immediately prior to
the effective date of the contract.
b. Increased numbers of medically indigent eligibles enrolled in Medicaid.
Training - The HDEWs shall be treated as other eligibility workers as regards
provision of Medicaid program training and technical assistance. HDEW will
be under the supervision on local Department of Social Services Supervisor who
will be responsible for instruction, accountability, payroll information, and job
p~l-fornlaJlce.
3
C, overage- HDEW shall be available to take applications at the Local Health
Department during Local Health Department's clinics and at other times
available to take applications for Health Department Home Health, CHIP and
MICC patients not attending scheduled clinics and at other times agreed to by
the Local DSS and Health Department.
Performance Standards - Performance Standards applicable to other Medicaid
workers shall be the performance standards applicable to the HDEW.
Job Classification - The HDEW shall be employed in the same personnel
classification and be afforded the same benefits as any other local Medicaid
worker in the Local DSS, except that their employment is restricted to the life of
this project.
Relationships - The Health Department, the HDEW, and their employing
agencies shall cooperate to the mutual benefit of both by sharing informational
materials, conducting joint staff meetings, and providing each worker with
periodic reports of work performed such as: ref~Ltals made, application
approvals and costs of services paid, subject to the confidentiality requirements
in Article II, B.
Liaison - Each of the parties to this Agreement shall designate a contact person
for dissemination of information about job functions, operating procedures, and
problem resolution.
The Health Depa~ tment will provide, at no cost to this project, necessary secure
space and equipment for the eligibility worker, such as desk, chair~ reasonable
office supplies, and othe* furniture and equipment neceq~ry for performance of
the contract.
The Local DSS will prov/de support for purposes o£ tracking referred patients
and compiling statistical reports in MAPPER.
4
ARTICLE III
This project, wherebylocal workers will be physically located at the Health Depa, tment
will use funds appropriated to the State Health Depal'tihent to fund the non-feds-ally
matched portion of the costs of maintaining the HDEW.
i.
The Local DSS shall submit monthly to the VDSS individual claims for 100
percent reimbursement of personnel costs for the HDEW;
Each c]Mm for reimbursement shall be submitted on form DA-20-250,
Accounting Voucher.
Each monthly claim shall be reimbursed by the VDSS at 100 percent of
costs.
The VDSS ~h~l! submit monthly to DMAS, separately identifiable from other
federal cl~im~ for Medicaid adrnlni~tration reimbursement, all clMrn~ of
atlmlni~trative expenditures associated with operation of this Agreement.
The Health Depadment agrees to reimburse the VDSS through an Interagency
Transfer of funds for any costs for which federal reimbursement does not equal
100 percent of such State agency reimbursement made for the month. Funds
used by the Health Depa~ tment to reimburse VDSS must not come from federal
sources. The Interagency Transfer Invoice will be forwarded by the tenth
working day of the month following the covered period.
ARTICLE IV
MAINTENANCE OF RECORDS
Administrative Records - Records of administrative costs shall, be maintained
separate from other local DSS and Health Depa~ tment records for evaluation
and determination of the ultimate effectiveness of the project.
5
Applications - Separate identification shall be maintained of all referrals made
by Health Department personnel to the HDEW. Referrals will be tracked and
the outcome recorded as either approved, denied, or failure/refusal to follow
through.
Approved cases will be tracked and total expenditures under Medicaid to the
Health Department and other providers will be periodically gathered into
reports by Central Office staff.
ARTICLE V
TERM OF AGREEMENT
This Agreement shall begin after all parties have signed this Agreement nnd when personnel
have been employed and/or reassigned to the Health Department sim. An effectiveness
evaluation shall be conducted by representatives of this Agreement after the site has been fully
operational for twelvemonths. Aftercompletion of the twelvemonth effectiveness evaluation,
any party to this .Agreement may terminate its participation in this project with or without
cause upon sixty days notice in writing to the other parties. In lieu of such action, this
Agreement nha l! rm~ain in effect ulltil modified by mutual consent or operation of law. Interim
evaluations, problem identification and r~olution sessions will he held quarterly after the fu'st
six-month review, on an as needed basis throughout the life of this Agreement.
6
SIGNATURE SHEET
Agreement for placement o£eligibility workers at the R0annke City Health Department
between:
The State Health Department
The Virginia Department of Social Services
~-qOanoke City Department of Social Services
I hereby agree to the terms of this agreement:
W. Robert Herbert, City Manager
Roanoke City
(Signed)
fledge, M.D.
Acting Health Director
oQ .- / _ ~ cf (Dated)
/,~-..~, (Signed)
State Department of Social'eoe..wices
(Signed)
. (Dated)
(Signed)
Robert B. Stroube, M.D., M.P.H.
State Health Commissioner ~
State Health Department
.fi- ¥ - ~'.r' . (Da~ed)
7
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Virginia Department of
Transportation Long-range
Plan
This is to request space on Council's regular agenda for a 30-minute briefing on
the above referenced subject.
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Roanoke Valley Area Metropolitan Planning Organization (MPO)
2025 Long Range Transportation Plan Recommendations
The City of Roanoke is pleased to submit recommendations for consideration
and inclusion in the Roanoke Valley Area 2025 Long-Range Transportation Plan.
The City of Roanoke values and recognizes the planning process as being the
primary building block for effective transportation improvements. To be effective
these plans must be based upon projections of the transportation system's future
conditions, needs and opportunities, to effectively guide decision making today
and in the future. Through intergovernmental cooperation, coordination, and
public involvement, these plans should shape local, regional, and state strategies
for addressing economic growth, safety, congestion, air quality, and public
mobility. We encourage all parties involved in the transportation planning and
improvement process to be proactive in integrating and utilizing all modes of
transportation. The City's recently completed Comprehensive Plan emphasizes
the need for sustainability; therefore, local and regional plans should support
compact urban development, discourage sprawl and emphasize multi-modal
forms of transportation that prioritize facilities for bicycles, pedestrians, rail and
transit as well as accommodate automobiles.
The attached pages contain both the financially constrained and future vision list
of urban projects for the City of Roanoke. One notable project is the 1-581 and
Elm Avenue improvement project. This is one of the most congested areas
within the regional transportation system and has been a known problem for
many years. The urban, primary, and interstate systems converge on this single
interchange and improvements may require funding from each of these systems
to solve this complex problem. Traditionally an interchange project of this type
would be funded solely from interstate funding sources; however, because of the
major importance of this project, the City of Roanoke is prepared to have $8
million dollars of the City's urban allocation dedicated for this purpose. The
willingness to have these urban funds dedicated demonstrates the City's
commitment to this improvement. The MPO and VDOT should likewise make
this project a high priority by allocating the needed funds from all available
sources (primary and/or interstate systems) to support this improvement.
Together with Interstate 81, the 1-581 & Elm Avenue interchange is a top
interstate need that must be addressed in this Long Range Transportation Plan.
The transportation system is dynamic in nature and these plans should be
continuously revised and officially updated every 3 to 5 years to provide a
comprehensive and accurate strategy for addressing the ever changing needs of
Virginia's citizens and businesses. The City of Roanoke is committed to being a
proactive leader and partner in these very important endeavors.
(D
rr
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www. roanokegov.com
October 6, 2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject: Police Training Facilities
This is to request space on Council's regular agenda for a 30-minute briefing on
the above referenced subject.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
TRAINING
INITIATIVES
[ Bockground
· :o Comprehensive, cost effective training
for law enforcement personnel is
necessity that impacts employees and
citizens
· :. City and County have history of
collaboration for mutual benefit
,~ We combined resources in August 1998, to
build regional firearms training range on
14.9 acre tract of property owned by County
1
Currently working together to develop a regional
driver training facility on same tract of land
Facility would be under joint direction/supervision of
driver training facility-governing committee
Working together to determine cost parameters
Development costs would be shared equally by
localities
Also in discussion stage with County concerning their
participation in development of new Police Academy
to be located within city
[Bockground (continued)
· :. Roanoke Police Academy
Currently housed at Jefferson Center
Certified by the Virginia Department of Criminal
Justice Services as Independent Criminal Justice
Academy
Charged with providing training for
240+ sworn personnel from City of Roanoke
114 from Roanoke County; and
Dispatcher Personnel
Also provide fee-based training for other
jurisdictions/agencies and co-host regional
training with ISS International
2
[Bockground (continued) ]
· :. Limited available space, inability to expand,
and having only two classrooms
Makes it necessary to conduct some classes off campus
Booker T. Washington Gym - Defensive Tactics for Basic
Training
Roanoke County EOC - Background Investigator Training
Jefferson Center Training Theatre - OSHA/VPCI In-service
Training
PD Community Room and Patrol Conference Room -
Chemical Suite/Gas Mask Training
Calvary Baptist Church - Reed School for Youth
Investigatom and School Personnel
B kg ( d)
,,ac round continue
Due to limited space, areas within the facility have been
converted to accommodate multiple functions
¢onsiderotions ]
Relocation to more suitable space is
essential for continued success in
providing necessary training in a timely
manner
~ PD staff continue to work with Economic
Development to explore alternatives
¢ Roanoke County has expressed continued
interest in participating in City's program
Actual site/funding source will need to be
identified
[¢onsidcnations (continued) ]
Possible source of funding
v/ Relates to Section 9.1-106 of the Code of
Virginia
Amended and reenacted on April 2, 2003 (HB 2511, SB
1345)
Concerns fees for criminal justice training academies
Provides that upon conviction for certain traffic and criminal
charges, certain fees will be assessed as court costs
Provides for an effective date of July 1,2003
~ State set its current fee at $1.00
4
[¢onsid rotions (continued) I
· .'. Section 9.1-106
v Provides that a locality can charge a similar
in nature fee if:
The locality does not participate in a regional
criminal justice training academy, and
The locality was operating a certified independent
criminal justice academy as of January 1, 2003
¢ Stipulates any and all funds from such local
fee shall support local criminal justice
academy; existing funds shall not be
reduced as a result of enacting fee
· :. Other localities surveyed
,/ Of those qualifying localities which have
enacted a fee:
Chesapeake, Chesterfield County, and
Richmond have set fee at $1.00
Virginia Beach enacted a $5.00 fee
5
Proposed Next Step ]
· :o PD staff will continue to explore available
alternatives for a suitable site
· :. City Administration to submit report /
ordinance for City Council's review and
action
Recommend amendment of the Code of the City of
Roanoke
Provide for court assessment fee of $3.00 as allowed under
Section 9.106 of the Code of Virginia
Effective November 1,2003
Funds collected to be used solely to support relocation /
additional operating expenses of City's Police Academy
Court System
Clerks of General and Circuit Courts
Would charge and collect assessment as part of fees taxed as
court costs
Funds collected submitted to City Treasurer
Funds posted as General Fund revenue and
held subject to appropriation by City Council
Projected revenue from $3.00 assessment is estimated at
approximately $54,000 annually
Used solely to support City's criminal justice academy as
mandated
Provide for the relocation/additional operating expenses of the
Police Academy
6
[(~uestions ]
7
JESSE A. HALL
Director of Finance
ernail: jeue_h~ll~i,r(~noke,va.us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone~ (540) 853-282 l
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
cmaiI: ann_sh~wve~ci.rcancke.va.us
October 6, 2003
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Beverly T. Fitzpatrick, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
SUBJECT: August Financial Report
This financial report covers the first two months of the 2003-2004 fiscal year. The following narrative discusses revenues
and expenditures.
The first couple of months in the fiscal year are difficult to compare to the prior year. Due to period of availability changes
made during the implementation of GASB 34, certain revenues related to the prior year but received in July and August of
2003 were accrued and included in the June Financial Report. Reversal of these accruals without adequate offsetting
collections in the current year cause certain revenue balances to be low at August 31st. Although we anticipate revenue
growth of approximately 3.5% for fiscal year 2004, many of the large taxes, such as real estate and personal property, are
not due until later in the fiscal year, and most other taxes are received at least one month in arrears.
One notable item relating to revenue was the performance of the retail sales tax. The September collection for the month of
July was $1,516,822 and decreased by 0.23% from the FY 2003 collection for the same month, indicative that retail sales
still haven't gained momentum from a year ago. Sales tax has been flat for the past two fiscal years.
In total, General Fund revenues are up 23.3% compared to the same period last year. A majority of this increase relates to
two factors. The first factor is a timing difference in the collections of real estate taxes due October 5th. Current year
receipts are $745,443 ahead of the same time period last year. The second factor is a change in the accounting fbr
recovered costs. Effective with the 2003-2004 fiscal year, recovered costs are being reported as revenues rather than as
reductions of department expenditures as in prior years. This change in reporting has the impact of increasing both
revenues and expenditures as compared to the prior year. As of the end of August, approximately $635,000 in recovered
costs had been received.
Honorable Mayor and Members of Council
October 6, 2003
Page 2
Revenue increases were partially offset by decreases in interest income and grants-in-aid from the Commonwealth. We just
became aware of another reduction in state reimbursements. The State Compensation Board reimburses the City on a per
diem basis for local and state responsible prisoners kept in our jail. Due to state budget shortfalls, the Compensation Board
began reducing their reimbursement by an amount of "overhead cost recovery" based on the number of federal prisoners
kept in our jail. Due to this procedure, the amount of per diem reimbursements from the state will most likely fall short of
the estimate provided by the Compensation Board by approximately $700,000 for fiscal year 2004. We are discussing this
issue with representatives of the Compensation Board to determine if they can provide any additional funds, since the
amount we are realizing is significantly less than the estimate they provided. We will continue to monitor this revenue
source, along with all others, as we progress through the fiscal year.
Historically low interest rates continue to contribute to decreases in interest income, and no significant increases are
foreseen at this time. Program cuts implemented by the Commonwealth of Virginia to balance its FY 2004 budget will
likely result in the City receiving no revenue growth in state funding compared to the prior year. Additionally, a timing
difference in the receipt of Comprehensive Services Act funds has contributed to the shortfall in this area, compared to the
previous year.
EXPENDITURES AND ENCUMBRANCES
Similar to revenues, it is difficult to analyze expenditure trend information over short time periods. Expenditure
comparison will have more meaning after obtaining several months of data.
A couple of key changes will impact the obligations of the City in the 2003-2004 fiscal year. First, the City granted an
average raise of 2.25% to its active employees effective July 1, 2003. Secondly, the City's purchasing division has created
an initiative to assure that contractual commitments such as rents are encumbered via purchase order for the annual amount.
This has resulted in higher obligations in the current fiscal year compared to the prior fiscal year, but it represents a mom
realistic assessment of departmental obligations. Also, the changes to recording of recovered costs, discussed above, will
result in affected departmental obligations being greater than the prior year since the recovered costs are no longer deducted
from obligations.
I would be pleased to answer questions City Council may have regarding the monthly financial statements.
JAH/AHS
Attachments
d/· irector of Finance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENTOFREVENUE
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Period
July l-Aug 31 July 1-Aug 31
2002-2003 2003-2004
$ 418,939 $ 1,457,252
Percentage
of Change
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
247.84 % $ 83,500,217 1.75%
2,044,492 2,632,070 28.74 %
137,715 199,578 44.92 %
222,486 196,200 -11.81%
173,828 107,014 -38.44%
2,177,734 1,252,902 -42.47 %
0.00%
541,583 1,161,674 114,50 %
19,632 73,795 275.89%
63~399 72~445 14.27%
5r7991808 $ 711521930 23.33 % $
60,866,657 4.32%
907,302 22.00%
1,296,130 15.14%
1,093,091 9.79%
45,711,128 2.74%
34,300 0.00%
8,472,862 13.71%
416,874 17.70%
2~529,153 2.86%
204~827~714 3.49%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
July I -Aug 31
Expenditures 2002-2003
General Government $ 2,047,806
Judicial Administration 1,069,039
Public Safety 8,291,334
Public Works 6,402,789
Health and Welfare 3,432,265
Parks, Recreation and
Cultural 954,277
Community Development 988,654
Transfer to Debt Service
Fund 5,827,993
Transfer to School Fund 7,786,124
Nondepartmental 834~454
Total $ 37r634~735
Current Fiscal Year
1,205,259 26.30 % 4,267,568 5,472,827 22.02%
1,298,978 31.39 % 4,441,486 5,740,464 22.63%
5,534,818 -5.03 % 9,808,014 15,342,832 36.07%
9,173,871 17.82 % 40,741,205 49,915,076 18,38%
831~099 -0.40 % 8~854,156 9~685~255 8.58%
43r628r680 - 15.93 % $ 1641322~656 ..$ 207~961r336 20.98%
Percent of
July t - Aug 3'1 Percentage Unencumbered Revised Budget
2003-2004 of Change Balance Appropriations Obli~lated
2,151,519 5,06 % $ 9,715,403 $ 11,866,922 18.13%
1,034,233 -3.26 % 5,535,375 6,569,608 15.74%
11,491,030 38.59 % 38,465,449 49,956,479 23.00%
5,547,951 -13.35 % 19,335,103 24,883,054 22.30%
5,359,922 56.16 % 23,158,897 28,518,819 18.79%
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE TWO MONTHS ENDING AUGUST 31, 2003
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
City of Salem
County of Botetourt
County of Bedford
Customer Services
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Main Extension Agreements
Miscellaneous Revenue
Interest and Fiscal Charges
Net Nonoperating Expenses
Net Loss
FY 2004
$ 647,777
193,745
91,521
2,089
2,256
26,553
2,034
87,381
170,817
1,224,173
799,735
756,279
298,314
1,854,328
~30,155)
10,336
31,380
104,490
10,601
(188,139)
(31,332)
$ (661,487)
FY 2003
$ 586,343
174,780
67,620
2,444
3,270
24,541
(4,144)
60,783
438,565
1,354,202
773,070
878,448
309,714
1,961,232
(607,030)
23,655
21,500
10,740
(159,659)
(103,764)
$ (710,794)
2
CITY OF ROANOKE, VIRGINIA
WATER POLLUTION CONTROL FUND
COMPARATIVE INCOME STATEMENT
FOR THE TWO MONTHS ENDING AUGUST 31, 2003
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue
Capital Contributions - Other Jurisdictions
Interest and Fiscal Charges
Net Nonoperating Expenses
Net Loss
FY 2004
$ 656,996
162,484
29,866
145,516
18,422
99,315
1,112,599
431,031
707,218
306,790
1,445,039
(332,440)
13,286
8,765
(121,214)
(99,163)
$ (431,603)
FY 2003
$ 636,493
73,173
20,192
20,888
15,238
92,365
45,348
903,697
380,241
620,062
310,214
1,310,517
(406,820)
27,547
302
, (123,982)
(96,133)
$ (502,953)
3
CITY OF ROANOKE, VIRGINIA
CiViC FACILITIES FUND
COMPARATIVE INCOME STATEMENT
FOR THE TWO MONTHS ENDING AUGUST 31, 2003
Operating Revenues
Rentals
Event Expenses
Display Advertising
Admissions Tax
Electrical Fees
Facility Surcharge
Charge Card Fees
Commissions
Catering/Concessions
Other
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues
Interest on Investments
Miscellaneous Revenue (Expense)
Transfer from General Fund
Total Nonoperating Revenues
Net Loss
FY 2004
$ (113,866)
(36,813)
2,500
(94,036)
(60)
(132,355)
8,178
129
(56,865)
(13,309)
(436,497)
331,575
3,037
87,938
422,550
(859,047)
4,612
349
35,000
39,961
$ (819,086)
FY 2003
$ 5,788
(10,218)
(7,016)
310
3,236
323
92
32,329
(4,936)
19,907
273,180
314,779
85,646
673,605
(653,698)
8,257
(242)
8,015
$ (645,683)
Note: Reversal of year end accruals with no offsetting activity in the current year
caused certain revenues to have negative balances at August 31 st.
As events are closed from the Civic Center revolving account to the City,
these revenue balances will become positive.
4
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE MONTH ENDING AUGUST 31, 2003
Operating Revenues
Century Station Garage
Williamson Road Garage
Gainsboro Surface
Norfolk Ave Surface
Market Square Garage
Church Ave Garage
Tower Garage
Williamson Road Surface Lot
Gainsbom Garage
Other Surface Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperafing Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Miscellaneous
Net Nonoperating Expenses
Net Income
FY2004
$ 66,955
81,388
6,934
10,404
40,805
83,418
69,693
12,141
8,921
21,238
401,897
155,611
90,608
246,219
155,678
(75,358)
(75,358)
$ 80,320
FY 2003
$ 63,819
59,737
38,290
97,083
68,574
13,422
5,746
9,995
5,419
362,085
132,015
90,848
222,863
139,222
2,203
(93,375)
140
(91,032)
$ 48,190
5
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED AUGUST 31, 2003
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAiD CITY FOR THE MONTH ENDED AUGUST 31, 2003.
BALANCE AT
BALANCE AT BALANCE AT ~
FUND
~ JULY 31, 2003 RECEIPTS DISBURSEMENTS AUG 31, 2003 AUG 31, 2002
WATER 2,816,309.17 524,066.07 259,418.65 3,080,956.59 7,812,436.37
WATER POLLUTION CONTROL 8,277,240.12 1,869,232.87 1,648,853.77 8,497,619.22 8,674,812.18
CIVIC FACILITIES 1,949,459.32 105,019.20 275,996.42 1,778,482.10 3,644,955.19
PARKING (2,710,895.26) 222,844.34 85,154.92 (2,573,205.84) 103,308.37
CAPITAL PROJECTS 52,196,378.27 215,124.87 279,016.00 52,132,487.14 61,493,880.96
MARKET BUILDING OPERATIONS 295,632.64 16,749.27 12,862.06 299,519.85 0.00
CONFERENCE CENTER 3,903,415.28 28,683.25 6,685.21 3,925,413.32 4,221,663.68
RKE VALLEY DETENTION COMM 0.00 0.00 0.00 0.00 2,606.00
DEBT SERVICE 8,761,911.09 6,089,090.92 89,601.63 14,761,400.38 14,256,133.25
DEPT OF TECHNOLOGY 4,005,584.94 191,497.84 346,648.29 3,850,434.49 5,208,867.00
FLEET MANAGEMENT 1,360,611.29 504,755.46 575,612.52 1,289,754.23 299,589.56
PAYROLL (12,259,141.59) 13,542,233.46 11,107,185.07 (9,824,093.20) (8,877,379.3;
R SK MANAGEMENT 11,990,326.32 1,053,170.87 1,187,276.54 11,856,220.65 11,502,853.14
PENSION 938,659.42 1,419,594.53 1,263,820.15 1,094,433.80 (197,428.20',
SCHOOL FUND 7,697,764.01 6,100,073.79 2,822,858.66 10,974,979.14 10,255,952.94
SCHOOL CAPITAL PROJECTS 8,437,379.96 144,172.28 976,414.08 7,605,138.16 7,134,462.03
SCHOOL FOOD SERVICE 462,541.84 5,941.42 124,209.17 344,274.09 191,811.77
FDETC 41,982.72 31,763.45 77,765.80 (4,019.63) 20,513.83I
(307,642.58~
$121,969,7621~5
GRANT 85,917.80 1,031,612.31 332,296.30 785,233.81
TOTAL ~106,086,655.61 $42,858,330.22 $45,507,137.01 $103~437~8848.82
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED AUGUST 31, 2003.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
LOCAL GOVERNMENT iNVESTMENT POOL
MONEY MANAGEMENT ACCOUNT
REPURCHASE AGREEMENTS
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$9,886.00
3,312,860.32
7,263,381.50
20,377,494.21
10,411,031.76
10,000,000.00
15,524,375.00
36,538,820.03
$103~437 848.82
DATE: SEPTEMBER 15, 2003
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE TVVO MONTHS ENDED AUGUST 31, 2003
Additions:
FY 2004
FY 2003
Employer Contributions
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments
Interest and Dividend Income
Total investment Income (Loss)
Less Investment Expense
Net Investment Income (Loss)
Total Additions (Deductions)
$ 523,067 $ 439,977
4,816,601
24,097
4,840,698
(74,590)
4,915,288
$ 5,438,355
(13,503,767)
74,603
(13,429,164)
(81,353)
(13,347,811)
$ (12,907,834)
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance August 31
$ 2,948,410
(9,521)
2,938,889
2,499,466
283,983,057
$286,482,523
2,721,218
10,560
2,731,778
(15,639,612)
289,534,315
$273,894,703
Note: Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end
financial reporting purposes.
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AUGUST 31, 2003
Assets
FY 2004
FY 2003
Cash
Investments, at Fair Value
Due from Other Funds
Other Assets
Total Assets
$ 1,094,429
286,858,545
1,590
6,150
$ 287,960,714
$ (197,428)
275,447,848
1,590
5,785
$ 275,257,795
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
$ 1,478,093
98
1,478,191
283,983,057
2,499,466
286,482,523
$ 287,960,714
$ 1,354,879
8,213
1,363,092
289,534,315
(15,639,612)
273,894,703
$_~_ 275,257,795
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanok¢.v~us
October 9, 2003
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #249
Mr. Robert Richert, Chair
Architectural Review Board
415 Allison Avenue, S. W.
Roanoke, Virginia 24016
Dear Chairman Richert:
I am enclosing copy of Resolution No. 36515-100603 endorsing an amendment to the
Architectural Design Guidelines for the H-2, Neighborhood Preservation District.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 6, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Robert N. Richert
October 9, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
Martha P. Franklin, Secretary, Architectural Review Board
IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA,
The 6th day of October, 2003.
No. 36515-100603.
A RESOLUTION endorsing an amendment to the Architectural Design
Guidelines for the H-2, Neighborhood Preservation District.
WHEREAS, on August 10, 1995, the Architectural Review Board for the City of
Roanoke ("ARB") adopted the Architectural Design Guidelines for the H-2,
Neighborhood Preservation District.
WHEREAS, subsequent to that date, the ARB amended the H-2 Guidelines to
incorporate certain guidelines for retaining walls;
WHEREAS, by Resolution No. 35705-010702, City Council endorsed the
Architectural Design Guidelines for the H-2, Neighborhood Preservation District, as
amended by the ARB;
WHEREAS, the H-2 Guidelines, as amended, are guidelines and are not
mandatory; and
WHEREAS, the ARB has requested that City Council endorse an amendment to
the H-2 Guidelines, as amended, to address issues relating to the application of siding in
the H-2, Neighborhood Preservation District.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that this Council hereby endorses the amendment to the Architectural Design Guidelines
for the H-2, Neighborhood Preservation District, as amended, as recommended by the
H:\RESOLUTIONS\R-H2Distfict 100603.doc
Architectural Review Board in its letter dated October 6, 2003, to this Council, to the
extent that the H-2 Guidelines, as amended, are not inconsistent with either the authority
granted to the City of Roanoke by the General Assembly, any law of the Commonwealth
of Virginia, or any provision in the Code of the City of Roanoke (1979), as amended.
ATTEST:
City Clerk.
H :\RESO LUTIONS\R-H2District 100603.doc
Architectural Review Board
Baard of Zoning Appeals
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
October 6, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Resolution Endorsing Amendment to H-2 Neighborhood
Preservation Overlay District Design Architectural Review
Guidelines Pertaining to Installation of Replacement and
Substitute Siding
Background:
At its meeting on September 11, 2003, the Architectural Review Board (ARB)
reviewed and approved amendments to the H-2 Neighborhood Preservation
Oveday District Architectural Design Guidelines pertaining to the installation of
replacement and substitute siding on buildings in the historic district. A copy of
those revisions is attached. Attachment A illustrates, by use of strike-through
and italics, the revisions to specific guidelines sections. Attachment B reflects
the entire Siding Guideline, including proposed revised sections.
The guidelines are instrumental in guiding the review, consideration, and
decisions made by the Architectural Review Board for requests that are brought
before it. The guidelines, unlike provisions of the City Code, such as the Zoning
Ordinance, provide both the ARB and the City Council, upon appeal, flexibility to
consider any situation or context that warrants special consideration.
The revised sections of the guidelines focus on replacing the terms "vinyl or
aluminum" and "substitute" as they pedain to siding with the word "synthetic."
The word "synthetic" encompasses a growing number of replacement materials
that are now available in the marketplace, and also includes various stucco
and/or EFIS (Exterior Finish and Insulation and System) materials.
The revisions also make the installation of synthetic siding as a replacement
material 'inappropriate' in the District unless the Board finds that the use of a
synthetic material is necessary to save a building due to the condition of the
structure and its original exterior cladding. A reference to color of the material
has been removed since color is not under the purview of the Board in the H-2
District. The Board has purview over color only in the H-1 District which covers
portions of downtown.
Considerations:
The Architectural Review Board requests that the City Council endorse these
guideline amendments. City Council's endorsement of the overall guidelines in
January, 2001, demonstrated Council's support of the guidelines. Therefore, it is
appropriate that any amendments to these same guidelines also receive City
Council endorsement. Furthermore, because the decisions of the ARB may be
appealed to City Council, it is important that City Council use these guidelines in
its decision-making process.
Recommendation:
The Architectural Review Board recommends that City Council adopt a resolution
endorsing the amendments to the Architectural Review Guidelines as they
pertain to the installation of replacement or substitute siding.
Respectfully submitted,
Robert N. Richert, Chairman 'I;~1~
City of Roanoke Architectural Review Board
Attachments
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Brian Townsend, Director of Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
ATTACHMENT 1
Architectural Design Guidelines forthe H-2 District
SIDING
Replacement and Substitute Siding
The application of "~"'" --- "" "~;"' '
.... ~ ............ um synthetic siding is '~ ......... '~
inappropriate because it can trap moisture and hide damage that needs to be
repaired It is ..... *"~"" ~' ......... if ............. ~ ..... .. ..... .~ ;~ .....
~';'~;"'~ ~' ~'~ *~' ..... s;zc and charterer ......... ~ ..... appficable only in the
most severe cases where the Board finds it necessary to save a building.
Realize, however, that no material is completely maintenance free. Even ,,;",,~
.............. m synthetic sidings are subject to damage and fading and will be
difficult to repair when dented, torn, or discolored. ~""'v,,,~ *-'-'~;*;'-'---'.,__,.,..,,~, "'-'~..,,.. v .... v, ,...~,d~'"'"
Maintain the architectural characteristics of a building when applying ,,;"..'
.... .. or
*.~ ~1 i ~;~..i i i~ · . .
............. synthetic s~d~ng by:
· installing the siding without damaging historic materials
· limiting the o, ,~.o*~*, ,+--'
use of .......... synthetic sidings to wall surfaces, not
architectural elements, such as.~, '~ ..... ..,,-'~ '";"'~..,,,.v.. .... ~., ~,,,.... ..... or porch fascia
and trim, dormers, eaves, gable-ends, returns, etc.
· matching the historic material in dimension, profile, ~nd texture, and
refiefs.
· installing the siding in the same direction as the existing siding
· installing cornerboards that match the width of the original cornerboards.
When installing o,,~..-*;* '
....... utc synthetic siding, maintain the original clapboard and
cornerboard widths and keep window frames, door frames, and other details.
When applying v!nyl synthetic siding under eaves and overhangs, do not install it
with seams perpendicular to the building. Use siding that runs parallel to the
building.
Remember to repair problems, such as water penetration or insect infestation,
· ' °~' "~; .... v ..... ~, synthetic siding·
before ~nstalhng ............. ---,.....,
Do not install gubctltuto synthetic siding so that it obscures or requires the
removal of decorative features, such as cornices, entablatures, brackets, vents
or louvers.
Do not use o..~'~*;*, .*
......... o synthetic siding with artificial wood-graining.
Siding
ATTACHMENT 2
ARCHITECTURAL DESIGN GUIDELINES FOR THE R-2 DISTRICT W CITY OF
ROANOKE
German siding was popular in the H-2 District during the late
nineteenth century.
Residences of the H-2 Historic District demon-
strate the diversity of siding materials available
in the late nineteenth and early twentieth
centuries. Novelty siding (also known as German
or drop siding), popular during the late nine-
teenth century, appears frequently as an exterior
material. Many district bungalows and American
Foursquares exhibit the wide, sawn clapboards
characteristic of the Mid-Atlantic and Southern
states, while many Queen Anne styles possess
geometrically patterned wood shingles. These
types of sidings help to define the visual charac-
ter of a building.
Historic wood siding is a distinctive feature of
many Roanoke residences.
Changing or covering siding can often alter or
destroy the authentic character of a building.
Both. new and historic siding require periodic
ma/ntenance to give a building proper weather
protection.
· Recommended actions or treatments are
indicated by ¢~'~.
· Actions or treatments not recommended and
other warnings are indicated by ~.
*/Identify and keep the original exterior siding
materials as well as any unique siding. Important
character-defining features include:
decorative shingles
texture
pediments
cornices and friezeboards
beaded or novelty boards
architrave ]nouldings
examples of quality craftsmanship
texture
decorative shingles architrave moulding
The H-2 District has a variety of siding and wood features and
decorative details.
~., Do not replace sound historic siding with new
materials to achieve an "improved" appearance.
P~e~enti~ l~et~ri~rc~tio~
¢~ Protect siding from water damage by:
· repairing leaking roofs, gutters, and
downspouts
· securing loose flashing around chimneys and
other roof openings
· grading the ground to slope away from the
building
· protecting against insect or fungus infestation
· replacing deteriorated caulking in joints
· replacing missing
downspouts
· unclogging gutters
· using splash blocks
~' Select good-quality, quarter-sawn siding free
from knots, checks, or wild grain to prevent
warping of replacement materials.
',; Do not use chemical preservatives that change
the appearance of exterior siding and wood
features.
DEFINITIONS
Architrave. An ornamental
molding used around doors
and windows.
Caulking. A rubber-like
compound used to seal cracks
and joints and provide
waterproofing.
Checks. Shallow, irregular
cracks.
Clapboards. A type ofwood
siding, thicker along the lower
edge than along the upper
edge.
Cornice. Decorated trim-work
placed along the top of a wall.
Entablature. The beam carried
by columns, commonly
decorated with trim molding.
Flashing. Pieces of sheet metal
or flexible membrane used to
protect joints from water
penetration.
Pediment. A decorative
molding, typically triangular
shaped, used over doors and
windows.
Shingles. Siding or roofing units
typically made of wood, tile,
concrete, or slate, used as a
covering and applied in an
overlapping pattern.
Weatherface exposure. The part
of overlapping wood siding
boards that is visible.
Siding
BEFORE
AFTER
RECOMMENOEO
Removing cover-up siding may
restore the original character of
a building.
Consider usin9 epoxy to repair a
damaged feature such as a
window sill.
The Architectural Design
Guidelines for the H-2 District
were prepared for the
City of Roanoke by Land and
Community Associates of
Charlottesville, Virginia.
For additional information,
please contact:
City Department of
Community Planning and
Development, Room 162,
Municipal Building
215 Church Avenue, S.W.
981-2344.
FOR ADDITIONAL
INFORMATION...
Refer to other brochures in this
series on the following related
subjects:
Basic Design Principles ·
Masonry Features and Walls ·
Windows and ODors · Roofs ·
Additions and Auxiliary
Structures · New Construction ·
Paintin9
Some owners may wish to remove inappropriate
treatments and restore the property to a more
historic appearance. Examples of such treatments
include:
· plywood or wood paneling
· simulated stucco
· exposed aggmgate board
· simulated brick, asphalt, and asbestos shingles
that cover originai wood clapboards or shingles
~:/Assess the impact of removing any cover-up
materials by first removing a small area of the
material in an inconspicuous location.
Repairil~ Damage
~/Repair cracks and splits by gently opening
them, removing debris, and sealing with a
waterproof glue.
t/Consider using epoxy consolidants to rebuild
deteriorated elements.
~/Repair any deteriorated siding that is exposed
following the removal of inappropriate treat-
ments. Rot and insect infestation may have
occurred.
~:/Remove deteriorated wood by cutting out
damaged areas or removing affected elements,
such as individual clapboards. Retain as much of
the sound original material as possible and repair
it by splicing in new marerials of the same species.
~ Do not replace a deteriorated feature if it can
be repaired.
g Do not caulk the gap between overlapping
clapboards when painting or making repairs.
This traps interior water vapor within the wall
and can lead to deterioration.
Replacing Missin~ $idin9
~,/Replace missing siding using established
preservation techniques, such as patching or
piecing-in. Materials should conform exactly to
the original in:
· size and shape
· color and texture
· joint and weatherface exposure
~/Replace missing wood elements by using
identical ones taken from an inconspicuous
location, such as the rear or side of a building.
Replace the borrowed elements with newly
fabricated ones of the same design.
X Do not replace missing siding with new siding
that is incompatible with the remaining materials.
?he application of synthetic siding is
Inappropriate because it can trap moisture and
hide damage that needs to be repaired. It is
applicable only in the most severe cases where
the Board finds it necessary to save a building.
Realize, however, that no material is
completely maintenance free. Even synthetic
sidings are subject to damage and fading and
will be difficult to repair when dented, torn, or
discolored.
~ Maintain the architectural characteristics of
a building when applying synthetic siding by:
installing the siding without damaging
historic materials
· limiting the use of synthetic sidings to wall
surfaces, not architectural elements, such as
porch fascia and trim, dormers, eaves,
gable-ends, returns, etc.
matching the historic material in dimension,
profile, texture, and reliefs.
installing the siding in the same direction as
[he existing siding
tnstalling cornerboards that match the
width of the original comerboards
e/originalwidths ~ incorrectwidths
and details and details
When installing synthetic siding, maintain the odginal
clapboard and comerboard widths and keep window
frames, door frames, and other details.
X'When applying synthetic siding under eaves and
overhangs, do not install it with seams
perpendicular to the building. Use siding that
runs parallel to the building.
*/Remember to repair problems, such as water
penetration or insect infestation, before installing
synthetic siding.
gDo not install synthetic siding so that it
obscures or requires the removal of decorative
features, such as cornices, entablatures, brackets,
vents or louvers.
gDo not use synthetic siding with artificial wood-
graining.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
October 13, 2003
File #104-132-184-202
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke held on Monday, October 6,
2003, Council Member Wyatt inquired about recent changes, if any, to the City s gr'evance
procedure; i.e.: A grievance filed by a City employee proceeds through the chain of
command to the City Manager and if the grievance is deemed grievable by the City
Manager, it is heard by a grievance panel and the decision of the panel is binding on both
parties. She also inquired about the number ofgrievances that are rendered non-grievable
by the City Manager.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Kenneth S. Cronin, Director of Human Resources
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
October 13, 2003
File #104-132-184-202
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke held on Monday, October 6,
2003, Council Member Wyatt inquired about recent changes, if any, to the City's grievance
procedure; i.e.: A grievance filed by a City employee proceeds through the chain of
command to the City Manager and if the grievance is deemed grievable by the City
Manager, it is heard by a grievance panel and the decision of the panel is binding on both
padies. She also inquired about the number of grievances that are rendered non-grievable
by the City Manager.
Sincerely, '~4~.~-u{.,,~.~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Kenneth S. Cronin, Director of Human Resources
MARY F. PARKER, CMC
City
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
October 13, 2003
File #15-110-249
STEPHANIE M, MOON
Deputy City Clerk
SHEII~ N. HARTMAN
Assistant City Clerk
Mr. Donald C. Harwood
442 Washington Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Harwood:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 6, 2003, you were reappointed as a member of the Architectural Review Board,
for a term ending October 1,2007.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Donald C. Harwood
O~ober13,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Architectural Review Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: Martha P. Franklin, Secretary, Architectural Review Board
Stephanie M Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the sixth day of October, 2003, DONALD C. HARWOOD was reappointed as
a member of the Architectural Review Board, for a term ending October 1,2007.
Given under my hand and the Seal of the City of Roanoke this thirteenth day of
October, 2003.
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
October 13, 2003
File #15-110-192
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Calvin H. Johnson
3530 Windsor Road, S. W.
Roanoke, Virginia 24016
Dear Mr. Johnson:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 6, 2003, you were reappointed as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Calvin H. Johnson
October 13, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Roanoke Civic Center Commission.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pcz
Susan Bryant-Owens, Secretary, Roanoke Civic Center Commission
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the sixth day of October, 2003, Calvin H. Johnson was reappointed as a
member of the Roanoke Civic Center Commission, for a term ending September 30, 2006.
Given under my hand and the Seal of the City of Roanoke this thirteenth day of
October, 2003.
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.v~_us
October 13, 2003
File #15-110-192
STEPHANIE M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Thomas G. Powers, Jr.
329 Darwin Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Powers:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 6, 2003, you were reappointed as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Thomas G. Powers, Jr.
October 13, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Roanoke Civic Center Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc~
Susan Bryant-Owens, Secretary, Roanoke Civic Center Commission
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the sixth day of October, 2003, Thomas G. Powers, Jr., was reappointed as a
member of the Roanoke Civic Center Commission, for a term ending September 30, 2006.
Given under my hand and the Seal of the City of Roanoke this thirteenth day of
October, 2003.
City Clerk
MARY F. PARKER, CMC
City
CITY OF ROANOKE,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 1153-2541
Fax: (540) 853-1145
E-mail: clcrk(~ ci.roanokc.va.us
October 13, 2003
File #110-132-178
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Sue Marie Worline, Secretary
Roanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Dear Ms. Worline:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 6, 2003, Vice-Mayor C. Nelson Harris and Council Member Beverly T. Fitzpatrick,
Jr. were appointed as members of the Joint Council/Housing Authority Ad Hoc Committee
to Study the Role of the Roanoke Redevelopment and Housing Authority.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
Vice-Mayor C. Nelson Harris
Council Member Bevedy T. Fitzpatrick, Jr.
Darlene L. Burcham, City Manager
Stephanie M. Moon, Deputy City Clerk
AGENDA
County of Roanoke
and
City of Roanoke
Joint Meeting
October 17, 2003
9:30 a.m.
This is a joint meeting of the City of Roanoke and the County of Roanoke for the
purpose of discussing the articles of incorporation of the proposed regional water and
wastewater authority. The meeting is being held at the Roanoke County Administration
Center, 4th Floor Conference Room, 5204 Bernard Drive, Roanoke, Virginia.
A. CALL TO ORDER AND OPENING REMARKS:
Joseph P. McNamara, Chairman - Roanoke County Board of Supervisors
Ralph K. Smith, Mayor - City of Roanoke
INVOCATION: John M. Chambliss, Jr.
Assistant County Administrator - Roanoke County
COMMENTS ON JOINT EFFORTS:
Darlene Burcham, City Manager - City of Roanoke
Elmer C. Hodge, County Administrator - County of Roanoke
DISCUSSION OF ARTICLES OF INCORPORATION:
Paul M. Mahoney, County Attorney - County of Roanoke
William M. Hackworth, City Attorney - City of Roanoke
· Authority Board Composition
· Term of Office of Board Members
· Name of the Authority
· Special Provisions
BOARD AND COUNCIL MEMBER COMMENTS AND QUESTIONS
CLOSING REMARKS: Elmer Hodge and Darlene Burcham
ADJOURNMENT
Names for the Regional Authority Submitted by employees of the city of
Roanoke and Roanoke County Utilities departments for the brainstorm
challenge:
1. AUTHORITY OF ROANOKE REGIONAL WATER & WASTEWATER
2. BIG LICK REGIONAL WATER & WASTEWATER AUTHORITY
3. BLUE RIDGE PUBLIC UTILITY AUTHORITY
4. BLUE RIDGE UTILITY AUTHORITY
5. BLUE RIDGE WATER & SEWER AUTHORITY
6. BLUE RIDGE WATER & SEWER RESOURCE AUTHORITY
7. CRYSTAL SPRING WATER & SEWER AUTHORITY
8. DEEP SPRING WATER & SEWER AUTHORITY
9. GREATER VALLEY WATER USE & REUSE AUTHORITY
10. PUBLIC SERVICE AUTHORITY
11. QUALITY WATER & SEWER AUTHORITY OF ROANOKE
12. R2 W2 AUTHORITY
13. RC WATER ASSOCIATION
14. RC WATER AUTHORITY
15. RC WATER WORKS
16. REGIONAL CLEAN & CLEARWATER AUTHORITY OF ROANOKE
17. REGIONAL STAR AUTHORITY
18. REGIONAL VALLEY UTILITY AUTHORITY
19. ROANOKE AREA WATER & SEWER AUTHORITY
20. ROANOKE AREA WATER AUTHORITY
21. ROANOKE CITY/COUNTY WATER & SEWER
22. ROANOKE CLEAN WATER AUTHORITY
23. ROANOKE REGIONAL WATER AUTHORITY
24. ROANOKE REGIONAL WATER WORLD AUTHORITY
25. ROANOKE SPRINGS WATER AUTHORITY
26. ROANOKE VALLEY AUTHORITY ON WATER USE & REUSE
27. ROANOKE VALLEY PUBLIC SERVICE AUTHORITY
28. ROANOKE VALLEY PUBLIC WATER & SEWER AUTHORITY
29. ROANOKE VALLEY SEWAGE TREATMENT & RAINWATER SERVICE
30. ROANOKE VALLEY WATER AUTHORITY
31. ROANOKE VALLEY WATER & SEWER
32. ROANOKE VALLEY WATER AUTHORITY OF THE STAR CITY
33. ROANOKE VALLEY WATER WORKS
34. ROANOKE VALLEY'S CLEAR & CLEAN WATER AUTHORITY
35. ROANOKE WATER & SEWER AUTHORITY
36. ROANOKE WATER AUTHORITY
37. ROANOKE WATER WORLD AUTHORITY
38. RV STARS
39. SOUTHWESTERN UTILITY AUTHORITY OF VIRGINIA
40. SOUTHWESTERN WATER AUTHORITY OF VIRGINIA
41. STAR CITY OF THE SOUTH
42. STAR CITY REGIONAL AUTHORITY
43. STAR VALLEY RESOURCE AUTHORITY
44.THE ROANOKE VALLEY SOURCE AUTHORITY
45.THE UNIFIED AUTHORITY
46. THE VALLEY STAR AUTHORITY
47. THE VALLEY'S AUTHORITY ON WATER
48. THE VALLEY'S LEADING WATER AUTHORITY
49. USE INDIAN WORDS FOR WATER
50. USE SPANISH WORDS FOR WATER & AUTHORITY
51. UTILITY SERVICE AUTHORITY
52. VALLEY REGIONAL UTILITY AUTHORITY
53.VALLEY SERVICE AUTHORITY
54.VALLEY STAR AUTHORITY
55.VALLEY WATER & SEWER AUTHORITY
56. VALLEY WATER TREATMENT AUTHORITY
57. WATER AUTHORITY OF ROANOKE
58. WATER WASTE & TREATMENT ENVIRONMENTALLY IN ROANOKE
59. WATER/WASTE WATER OF ROANOKE
60. WESTERN VIRGINIA WATER & SEWER AUTHORITY
61. YOUR WATER ADMINISTRATON (y H20 A)
Of these, the top four choices of the Authority Public Education Team were:
1. VALLEY SERVICE AUTHORITY
2. R2 W2 AUTHORITY
3. REGIONAL VALLEY UTILITY AUTHORITY
4. VALLEY STAR AUTHORITY
Names submitted by other staff:
GRAMA (Greater Roanoke Aqua Management Authority)
HyDRRA (Hydrology Division of the Roanoke Regional Authority).
Roanoke Water
Regional Water and Wastewater Authority
Regional Springs
Regional Water and Wastewater Authority
Natural Springs
Regional Water and Wastewater Authority
Western Springs
Regional Water and Wastewater Authority
The Regional Water and Wastewater Authority
The Water Company
Regional Water and Wastewater Authority
Blue Ridge Water
Regional Water and Wastewater Authority
The Water Source
Regional Water and Wastewater Authority
WaterLink
Regional Water and Wastewater Authority
AquaSource
Regional Water and Wastewater Authority
Waterways
Regional Water and Wastewater Authority
Water Supply
Regional Water and Wastewater Authority
WaterWorks
Regional Water and Wastewater Authority
The Water Source
Regional Water and Wastewater Authority
The Water Authority
Regional Water and Wastewater Authority
Western Water
Regional Water and Wastewater Authority
Water Management
Regional Water and Wastewater Authority
RWA
Regional Water and Wastewater Authority
TWA
The Water and Wastewater Authority
H2