HomeMy WebLinkAboutCouncil Actions 03-19-07
Wishneff
37704-031907
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 19, 2007
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. (Mayor Harris and Council Members
Dowe and Fitzpatrick arrived late.)
The Invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor David B. Trinkle.
Welcome. Vice-Mayor Trinkle.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's Council meeting will be replayed on Channel 3 on Thursday,
March 22, 2007, at 7:00 p.m., and Saturday, March 24, 2007, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
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.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING.
IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO
DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES
ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS
ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE
ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF
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ADVANCE NOTIFICATION HAS BEEN RECEIVED BYTHE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL
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REGISTER WITH THE STAFF ASSISTANT ATTHE ENTRANCE TO THE COUNCIL
CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE
THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER
REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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 ATWWW.ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
,
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Presentation of a Certificate of Recognition to Environmental Erosion
Control, LLC, for environmental protection through use of best management
practices for Erosion and Sediment Control.
Presented Certificate of Recognition to Brent Willis.
File #529
Council Member Dowe arrived at this point.
A Proclamation declaring Saturday, March 31, 2007, as Roanoke Fire-EMS
Department 1 OOth Anniversary.
Presented Proclamation to Fire Chief David Hoback.
File #70
3. CONSENT AGENDA
(APPROVED 5-0, Mayor Harris and Council Member
Fitzpatrick were not present when vote was recorded.)
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.
C-l A communication from Mayor C. Nelson Harris 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)(I), Code of Virginia (l950), as amended.
RECOMMENDED ACTION: Concurred in the request.
File #110-132
C-2 Minutes of the Audit Committee meeting held on Tuesday, January 2,
2007.
RECOMMENDED ACTION: Received and filed.
File #300
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
3
5. PETITIONS AND COMMUNICATIONS:
a. Request of the Honorable Octavia L. Johnson, Sheriff, to address
Council with regard to the contract entered into between the Sheriff
and the City of Roanoke dated December 20, 2005.
Matter was referred to the FY2007-08 Budget Study to discuss the
birthday benefit and to the City Attorney for drafting of an
amendment to the contract to provide birthday benefits for the
current fiscal year, retroactive to July 1, 2006, to all employees in
the Sheriff's Office.
File #121
b. Presentation of the 2006 Report of Economic Development Activity by
the Roanoke Valley Economic Development Partnership. Phillip F.
Sparks, Executive Director, Spokesperson. (Sponsored by the City
Manager.)
No Action.
File #450
Council Member Fitzpatrick arrived during the discussion of 5.b.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Shelter Plus Care Renewal Grant funds from
the U. S. Department of Housing and Urban Development; and
appropriation of funds.
Adopted Resolution No. 37704-031907 and Budget Ordinance
No. 37705-031907. (6-0, Mayor Harris was not present when
vote was recorded.)
File #60-178-236
-I
2. Acceptance of Roanoke Homeless Assistance Team Renewal
Grant funds from the U. S. Department of Housing and Urban
Development; and appropriation of funds.
Adopted Resolution No.3 7706-031907 and Budget Ordinance
No. 37707-031907. (6-0, Mayor Harris was not present when
vote was recorded.)
File #60-1 78-236
3. Amendment of Section 24-97, Possession or consumPtion of
alcoholic beveraqes, of the City Code to provide that no City
alcohol permit shall be issued that would allow possession or
consumption of alcoholic beverages within designated park
facilities after 12:00 a.m. (midnight), or distribution or sale of
alcoholic beverages 45 minutes prior to the required cessation
of the event for which the alcohol permit is issued.
Tabled and acted on later in the meeting. Adopted Ordinance
No. 37715-031907. (5-2, Council Members Dowe and Lea
voting no.)
File #24-67
4. Amendment of Section 33-23, Notice to owner of hearinq on
abatement costs: post-abatement hearinq, of the City Code to
address blight issues within the City.
Adopted Ordinance No. 37708-031907. (6-0, Mayor Harris
was not present when vote was recorded.)
File #24
5. Execution of Amendment No.6 to the contract with Hayes,
Seay, Mattern & Mattern, Inc., for additional design services in
connection with the Dr. Martin Luther King, Jr. Memorial Bridge
Project.
Adopted Resolution No. 37709-031907. (6-0, Mayor Harris
was not present when vote was recorded.)
File #102
6. Execution of an amendment to the City's contract with
Cederquist Rodriquez Ripley, P.c., d/b/a Rodriquez Ripley
Maddux Motley (Architect), for additional professional services
in connection with the Police Building, Phase II Project.
Adopted Resolution No. 37710-031907. (6-0, Mayor Harris
was not present when vote was recorded.)
File #5-32-60
:;
b. CITY CLERK:
1. A report requesting the concurrence of Council in the
appointment of Sheila N. Hartman, as Deputy City Clerk.
Adopted Resolution No. 37711-031907. (6-0, Mayor Harris
was not present when vote was recorded.)
File #38-60
7. REPORTS OF COMMITTEES:
a. A request of the Roanoke City School Board to authorize issuance of
not to exceed $3.68 million General Obligation School Bonds to
finance construction of certain capital improvements and acquisition
and installation of certain capital equipment for Patrick Henry High
School; and a report of the Director of Finance recommending that
Council concur in the request. (Public hearing was held on Monday,
November 20, 2006.) Kenneth F. Mundy, Executive Director of Fiscal
Services, Spokesperson.
Adopted Resolution No.3 7712-031907 and Budget Ordinance No.
37713-031907. (6-0, Mayor Harris was not present when vote was
recorded.)
File #467
b. Request of the Roanoke City School Board for appropriation of funds
to various programs; and a report of the Director of Finance
recommending that Council concur in the request. Kenneth F. Mundy,
Executive Director of Fiscal Services, Spokesperson.
Adopted Budget Ordinance No.3 7714-031907. (6-0, Mayor Harris
was not present when vote was recorded.)
File #467
8. UNFINISHED BUSINESS: NONE.
(i
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. An Ordinance amending Article II, Civic Center, Chapter 24, Public
Buildinqs and Propertv Generallv, of the City Code, in connection with
the Civic Center Commission.
Action on the measure was tabled in order to allow further
discussion with the Roanoke Civic Center Commission members.
File #24-110-192
Mayor Harris arrived during the discussion on 9.a.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Dowe congratulated the William Fleming High
School Boys Basketball team on their State Championship win
against Waynesboro on Friday, March 9, 2007, at Virginia
Commonwealth University Siegel Center in Richmond.
File #80-132-467
Council Member Fitzpatrick congratulated the Fire - EMS Department
in recognition of its 1 OOth Year Anniversary.
File #70-80
b. 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.
7
The following individuals appeared before Council:
Mr. Neil Hauenstein, 315 Williams Hall, Blacksburg
Mr. Scott B. Atlizer 743 Ridgecrest Lane, N.W.
Mr. George Gunther, P. O. Box 12353
Ms. Dorothy S. Maxie, 6019 Williamson Road, N. W.
Mr. Robert Gravely, 727 29th Street, N. W.
12. CITY MANAGER COMMENTS:
The City Manager stated that the current issue of the "Citizens Magazine"
will be mailed to City residents this week. She also announced that the
City of Roanoke's 12 5TH Anniversary and the Ribbon cutting Ceremony of
the City's Special Events Center will be celebrated on March 31 at 12:00
p.m., at the Roanoke Civic Center Special Events Center.
File #80-192-247
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 4:00 P.M., FOR A CLOSED
SESSION.
THE COUNCIL MEETING RECONVENED AT 4:35 P.M., WITH ALL MEMBERS OF
COUNCIL IN ATTENDANCE, MAYOR HARRIS PRESIDING.
CERTIFICATION OF CLOSED SESSION. (7-0)
The Council extended the deadline for receipt of applications for
appointment as Trustees on the Roanoke City School Board, effective
July 1,2007. The deadline for receipt of applications is Friday, March 30,
2007 at 5:00 p.m.
File #467
Appointments to various authorities, boards, commissions and
committees:
Nicole Ashby was appointed as the City's representative to the League of
Older Americans for a term ending February 28, 2008.
File #1 5-110-243
Anthony M. Reed was reappointed as a member of the Fair Housing Board
for a three year term ending March 31, 2010.
File #1 5-110
~
Robert H. McAden was reappointed as a member of the Parks and
Recreation Advisory Board for a three year term ending March 31, 2010.
File #1 5-67-110
James M. Turner, Jr., was reappointed as a City representative to the
Roanoke Regional Airport Commission for a four year term ending
March 9, 2011.
File #9-1 5-110
9
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 19, 2007
7:00 P.M.
CITY COUNCIL CHAMBER
AGEN DA
Call to Order -- Roll Call.
(All Present.)
The Invocation was delivered by Council Member Beverly T. Fitzpatrick,
Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Tonight's Council meeting will be replayed on Channel 3 on Thursday,
March 22, 2007, at 7:00 p.m., and Saturday, March 24, 2007, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
10
A. PUBLIC HEARINGS:
1. Request of Pro-Line Performance, Inc., that two tracts of land located
at 3922 and 3942 Thirlane Road, N. W., be rezoned from RA,
Residential-Agricultural District, to 1-1, Light Industrial District,
subject to certain conditions proffered by the petitioner.
(Reconsideration of the matter was granted by the Council on
February 5, 2007.) Maryellen F. Goodlatte, Attorney.
Denied.
File #51
2. Proposal of the City of Roanoke to grant a 15 foot by 20 foot
easement to Towers Associates Limited Partnership across City-
owned property located at the intersection of Brandon Avenue and
23rd Street, S. W., for maintenance of an existing sign. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 37716-031907. (7-0)
File #28
3. Request of Trustees of New Hope Christian Church and Appalachian
Power Company that a 40 foot by 280 foot portion of property located
at 4229 Welcome Valley Road, S. W., be rezoned from INPUD,
Institutional Planned Unit Development District, to ROS, Recreational
Open Space District, subject to a proffered condition by the petitioner.
Michael L. Lively, representative of Appalachian Power Company,
Spokesperson.
Adopted Ordinance No. 37717-031907. (7-0)
File #28
B. 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.
The following individuals appeared before Council:
Ms. Carol L. Brash, 2259 Westover Avenue, S. W.
Mr. F. Butch Johnstone, 3743 Roundhill Avenue, N. W.
Mr. Chris Craft, 1501 East Gate Avenue, N. E.
Ms. Trisha Edwards, 3045 Poplar Lane, S. W.
II
THERE BEING NO FURTHER BUSINESS, THE COUNCIL MEETING WAS DECLARED IN
RECESS UNTIL SATURDAY, MARCH 3 I, 2007, WHEREBY THE CITY OF ROANOKE
WILL CELEBRATE TWO SIGNIFICANT MILESTONES: THE CITY OF ROANOKE'S
125TH ANNIVERSARY AND THE GRAND OPENING CEREMONY OF THE CITY'S
SPECIAL EVENTS CENTER AT THE ROANOKE CIVIC CENTER. THE FESTIVITIES WILL
BEGIN AT 11:00 A.M., WITH A PROCESSION FROM THE HOTEL ROANOKE &
CONFERENCE CENTER TO THE ROANOKE CIVIC CENTER, FOLLOWED BY A RIBBON-
CUTTING CEREMONY FOR THE ROANOKE CIVIC CENTER'S SPECIAL EVENTS CENTER
IN THE PRE-FUNCTION AREA AT 11 :45 A.M., IMMEDIATELY FOLLOWED BY A
125TH ANNIVERSARY CEREMONY IN THE SPECIAL EVENTS CENTER.
12
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Offi ce of the Mayor
CITY OF
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ROANOKE
WHI::R£4S. Oil January 8. /881, l~Jlrn Counâ/ allncatêd $/00.00 tv purchase
a ./ire .fìgluing apparulus and on NOl'l!mht!r 20. J 88l. the Roanoke Fire Company
#J was organi::ed hy co} ('ernl!d citizells; the: jìr,Ç( Fire Slation in Roanoke was
located at (. 'amphell Awnue and 1st ,<,'trl!l!l. S. JL: ¡his SlLltion /¡UllSl:d lilt' ROQllllke
Fire Company #! and used J¡()rSe-drlll1'1l equipmt:nt: and
fVHERl:......tS, l'ulwZleer lire companies sw..'h as the VigilwltS. Juniors.
Friendship, and A/ats were formed tv protect the citi:cms oJ Roanokl!: on
lfafch]. 1903, ¡he Roanoke Fire Deptlrtml!nt hegan with:::: paid men; I:! f~rrhl!
men \rert:' constantly on duty and ten oflJu.'m were on ('all: and
WHERt"f1S. ¡he V{)!ullteer F'ircJ Ser\'ice in the ('ity (!f Roanoke! Wl1S ended on
¡\farc..h 31. 1907. when ull (?lthe volunœas wert.' resigned and Rounoke nllisted a
full)' paid and un!/i)rmedj(¡rn: under the: leadership of thejìrst F'ire Chief, Jamt:s
l\1cFul/s: the firefi"glu(!rs, working six day,y u ~1;eek. were housed at the current
Fir~ Swtion #-J which is loctlted at 13 CJmrch'Al'emœ and at Fire Station if]
toeated at Fourth LInd East ,..f'n:nue: they were allowed to alternate going home
for lunch or dinner; and
J ·'IIEREAS. the Fire f)c:pùrtm(~m doubled in sb.: in 1 Y 11 b,v lldding tllrct' nl'W
,)ïlltions; by 1918, all horse drawn eJppllralus \1'eTe replaced with mntori:ed
equipment: and by 1t)29. .the Department consisted of /(]" .fire staIÙms and
I..'olllimœd to grow ùnd expand throughollllllt~ Y~cJr,\'; and
JVllEREAS, the Roanoke Fire Depurlmènt merged with till.' Roanoke E\fS
Department t%rm Roanoke FiN-/~JfS in 19<)5: today the I.>t::pl.lrtnzent sta.l1.\· 266
IUl!(ormed and Se!\'('ll civilian pasonnd and has since het'(lmc Ilational(v
at'credited with un ISO rating a/two: and
WHEHh.AS. Roalloke fìre-EMS continlles 10 sen" ulld protect the <"itioens fir
Roanoke.
NOW, THEREFORE, I. C, Nelson Harris, Alay( r (l.the City t"!f'Roanoke,
nrginia. do hereby proclaim Saturday, March 31, 200.7, througholll lhis great
AIl-Amaic..'û Ci(\'. us
ROANOJΠFIRE-E:\lS DEPARTI\1E!'>"T 100'h A:\'lVERSARY.
(iÙ'e!n under our hands and the Sèùll.~ll/¡e C'Ü:v (~/RoÙI1( ke {his sixteenth ",~r (!(
Jfarl.:h ill the yt:cJr tlm thoustlHd and se~'en,
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CITY OF ROANOKE
OFFICE OF THE MAYOR
21> CHLI(('jL\\'E'oILlL S,II'.. ROO\14<2
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C. ~ELSOi\ HAIUUS
M¡I~or
March 19, 2007
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,
C!..1(cÑM.. ~.~
C, Nelson Harris
Mayor
CNH:snh
MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE
I. CALL TO ORDER:
January 2, 2007
¡"'¡TV r:i ¡:¡jf~ lO'? (jÇiF.; (;,q Ht1(!:q:J8
The meeting of the Audit Committee of R6'añoke-city Cõun-cil was called to order
in the City Council Conference Room at I :09 p.m. with Vice-Chair, David B. Trinkle,
presiding.
. The roll was called by Mrs. England
Audit Committee
Members Present:
Audit Committee
Members Absent:
Others Present:
David B. Trinkle, Vice-Chair
Mayor C. Nelson Harris
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Gwendolyn W. Mason
Sherman P. Lea, Chair
Brian j. Wishneff
Drew Harmon, Municipal Auditor
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Asst. City Manager for Operations
Brian Townsend, Acting Asst. City Manager for Community
Development
Ann Shawver, Deputy Director of Finance
Dawn Hope, Accounting Supervisor
R. Timothy Conner, Partner, KPMG LLP
Robert Churchman, Senior Manager, KPMG LLP
Melinda Mayo, Public Information Officer
Faye Tardy, Assistant to the City Manager
Pamela Mosdell, Information Systems Auditor
Cheryl Ramsey, Senior Auditor
Brian Quam, Senior Auditor
Doris England, Administrative Assistant
2. APPROVAL OF MINUTES FROM NOVEMBER 6, 2006, MEETING
Vice-Chair Trinkle asked if there were any corrections or amendments to the
minutes of the November 6, 2006, Audit Committee meeting. There were none.
Mayor Nelson moved and Mr. Dowe seconded that the minutes be approved as
distributed. A vote was taken and the motion carried. The minutes will be
placed on the Consent Agenda for the next City Council meeting.
Audit Committee Minutes - January 2, 2007
Page 2
3. FINANCIAL KPMG AUDIT REPORTS - JUNE 30,2006:
A. Report to the Audit Committee of City Council
B. Comprehensive Annual Financial Report and Auditor's Opinion
C. Management Letter
. Management Response
D. Examination Report on the Schedule of Communication Service Taxes and
Fees
E. Report on Applying Agreed-upon Procedures for Enhanced E-9 I I Service
Taxes
Vice-Chair Trinkle recognized Mr. Harmon for comments. Mr. Harmon briefly
showed each of the reports to committee members to help familiarize them
with the audit reports. He then asked Mr. Conner of KPMG to address the
committee. Mr. Conner reviewed the following reports included in the city's
Comprehensive Annual Financial Report or CAFR.
· Independent Auditors' Report - KPMG issued an unqualified opinion.
· Report on Internal Control Over Financial Reporting, Compliance and
Other Matters - Mr. Conner stated this was a clean report.
· Report on Compliance with Requirements Applicable to Major
Programs in Accordance with OMB Circular A-l 33 - This report deals
with a carry-over item from last year regarding the schools for time
certification of time spent working on federal programs. This item is
referred to as a material weakness with regard to internal control over
compliance.
· Report on Compliance with Virginia Laws, Regulations. Contracts and
Grant Agreements - KPMG had no findings to report.
· Schedule of Findings and Questioned Costs - This report includes a
repeat comment from last year dealing with time certifications.
· Management Response - Mr. Conner stated that KPMG was satisfied
with the Management Response.
Mr. Conner continued his comments on the following reports:
· Report to the Audit Committee of City Council
. Examination Report on the Schedule of Communication Service Taxes
and Fees
. Report on Applying Agreed-upon Procedures for Enhanced E-911
Service Taxes
· Agreed-upon Procedures Report for the Commonwealth - a
comparative report transmittal form for agreed-upon procedures.
Mr. Conner asked Mr. Churchman to address the Audit Committee members on
the Management Letter. Mr. Churchman stated the Management Letter was a
tool by which KPMG could let the City of Roanoke know of three upcoming
pronouncements that effect governments. The largest is GASB Statement No.
45, which is the requirement for governments to record liabilities on their
books that are not currently there for post employment benefits other than
Audit Committee Minutes - January 2, 2007
Page 3
pensions (OPEB). This will be required in the fiscal year ending June 30, 2008,
financial statements. The second pronouncement is GASB Statement No. 47,
Accounting for Termination Benefits. Mr. Churchman stated this could occur if
the City had a material termination/reduction in its work force. The last GASB
Statement is No. 48, Sales and Pledges of Receivables and Future Revenues and
Intra-Entity Transfers of Assets and Future Revenues. Mr. Churchman stated he
is not aware of any of his clients in Virginia who are contemplating
selling/pledging their receivables, but it could be underway in other states.
GASB No. 48 will provide the guidance and consistency for accounting and
reporting requirements.
Mr. Fitzpatrick asked if GASB Statement No. 45 could affect the City's bond
rating. Mr. Churchman replied that the bond rating agencies have not indicated
anything definitive, but he is hearing that they will take it into account and view
it for comparability purposes. Mr. Hall stated the City does have a reasonable
liability in this area, and it is not overfunded. He said the rating agencies are
looking at how governments develop a plan to deal with this liability, whether it
is funded or reduced in some way. Mr. Hall stated he would be briefing City
Council on this issue at its first meeting in February.
Mr. Harmon asked Ann Shawver to address the committee regarding the City's
response to the Management Letter. Ms. Shawver stated the City was aware of
the upcoming GASB Statements and their impact upon the next fiscal year. She
reiterated that GASB Statement No. 45 would have the biggest impact, and
Finance would be briefing City Council next month and seeking Council's
direction on some alternative choices. The GASB 48 Statement on the pledges
or sales of receivables is not expected to impact the City. Finance will examine
that further in the future. Ms. Shawver stated the final comment in the
Management Letter concerns Single Audit Findings. There was a repeat finding
pertaining to the sign-off of hours worked by employees at the Schools on
federal programs funded by grants. Ms. Shawver stated she felt the response
from the Schools should be adequate and that they would all be working
together to ensure that fiscal year 2007 does not include a repeat of this
finding.
Ms. Shawver distributed an Overview of the Comprehensive Annual Financial
Report and reviewed the following:
. Letter of Transmittal
· Management's Discussion and Analysis
· Financial Statements on pages 37 - 39 of the CAFR; these give a global
view of the organization; revealed growth in total net assets of
approximately $14 million
· Fund Financial Statements, beginning on page 40 of the CAFR
· Footnotes, beginning on page 53 of the CAFR
· Required Supplementary Information
· Statistical Section, beginning on page I 11 of the CAFR
· Compliance Section
Audit Committee Minutes - January 2, 2007
Page 4
Vice-Chair Trinkle ordered items A through E be received and filed. There were
no objections to the order.
Vice-Chair Trinkle asked Mr. Harmon if he would like to make any comments.
Mr. Harmon expressed his gratitude to those in the Department of Finance for
their hard work in the preparation of the CAFR.
4. INTERNAL AUDIT REPORTS:
A. Audit Findings Follow Up
B. Police Department Cash Funds
Vice-Chair Trinkle recognized Mr. Harmon for comments on the audits. Mr.
Harmon stated that findings from audits are placed in a database, and these are
pulled up each year to determine what is due to be implemented. Departments
are checked to determine what they have done and to verify it is working. Mr.
Harmon stated this was a relatively good year and many findings had been
cleared. Those findings that are left outstanding, which will be checked on
next year, are waiting on system implementations. The outstanding findings
will be reported on next year.
Mr. Harmon stated the Police Department Cash Funds audit is done annually
and is required by accreditation. The cash funds are examined as well as the
property in the Police Property Room. There were no findings in the audit. Mr.
Harmon state that false alarm fees were pulled out of this audit and will be
done separately.
Vice-Chair Trinkle asked if there were any further questions regarding the
internal audits. There were none. Vice-Chair Trinkle ordered items A and B to
be received and filed. There were no objections to the order.
5. UNFINISHED BUSINESS:
There was no unfinished business to come before the committee.
6. NEW BUSINESS:
Vice-Chair Trinkle asked if there was any new business. Mr. Hall replied that he
was prepared to give the committee members a review of the City's Pension
CAFR, but he realized there was not enough time. He stated he would be glad
to give that review at some time in the future. Vice-Chair Trinkle stated it
would be put on the schedule for a future meeting.
Audit Committee Minutes - January 2, 2007
Page 5
7. ADJOURNMENT:
There being no further business, the meeting was adjourned at 2:00 p.m.
,
J)l I I"-~'-J-
.... "I'·
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f . ;#. )'4t~
David B. Trinkle, Vice-Chair
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21:'l Chun.:h .-\.\"Cllur. S. W.. Room ··l:=ló
Roanoke. Virginia 2-tO 1-'536
Teleph0I1l': 15..l-fll X5:l 2541
Fax: ¡54tll X5J-II-l-5
E·mail: l"krkcf,·[l'¡lIll.kt'\õ"l.go\'
5I1FII..\ ~.II.'\RT\I.-\r-;
Dq)l1ty Cily Ckrk
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f£.~ Ilo, ""-'
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'~ll^ '
STEPH,,;\IE ~'I MOO;>;, c"le
Cit~ Clerk
March 22, 2007
File #121
The Honorable Octavia L. Johnson
Sheriff
Roanoke, Virginia
Dear Sheriff Johnson:
Your request for an amendment to the contract dated December 5, 2005,
between the City of Roanoke and the Sheriff in order to provide paid holidays in
recognition of the office staff's birthdays was before the Council of the City of
Roanoke on March 19, 2007.
Following discussion, it was the consensus of the Council that the matter be
referred to the City Attorney for preparation of the proper measure amending
the contract to grant the Sheriff's Office the paid holiday for birthdays for fiscal
year 2006-07, only; and to Budget Study for discussion of an across the board
birthday benefit.
Sincerely,
~_rn,~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
ROANOKE SHERIFF'S OFFICE
(Jclau.ja JeJtvwm, S/¡.e,u1!
March 12, 2007
Honorable C. Nelson Harris, Mayor
Honorable David R. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr. Council Member
Honorable Beverly T. Fitzpatrick, Jr. Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwen W. Mason. Council Memher
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
December 20. 2005, as Sheriff of Roanoke City I entered into a contract with the City of
Roanoke. I wish to address City Council with regard to that contract.
Sincerdy,
~tavia LJo~ns
Sheri ff
~
P.O. Box 494 Roanoke, VA 24003. 540.853.2941, fax 540.853.5353
-. "-...
. ;'<:'.'~·',~"))':I{¡;·, ~ \
(_:~+i1 ~i)
\...;... . ~
, ". : '~~:.:: ;",l \~ '~::'.: ". ....
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Nlll~l C. T<lyhlr Municip<il BlIildiTl~
213 Churd, ,\\'L'IlUL', S.\V., RlHml .164-
Rnannke, Virginia 2..Wll-15~.Il
" t'],'l'h"llV: 1:;·Hlj "5'> ::::~.~>
rõl\: ("'·ll! ,,,:., ~-llY'"
("iL\" \\'l'¡" \\'\\"\\" r".lIh,k""\",l..e."\'
March 19, 2007
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Phillip F. Sparks, Executive
. Director of the Roanoke Valley Economic Development Partnership, to
present to City Council the 2006 Report of Economic Development
Activity.
Respectfully submitted,
;æ J. '¡¿~J
Darlen~~m
City Manager
DLB:jb
c: City Attorney
Director of Finance
City Clerk
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church i\veI1Ul~. S. \V.. Rt1t1lll..J.56
Rpannke. Virginia 2.tOll-153ó
Tcleph¡'lll': (5~()) ~5.l-25.. .1
Fax: 154{ 1 85:~-ll·15
E-maIl: çkrk(ð.~r(lanllkt"\;l.gll\"
SHEILA~. IL\Rn1.~~
DqHlty Cily Clelk
STEPH.\~IE \1. MOO~. CMC
("itv Ckrk
March 21, 2007
File #60-178-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7704-031907 authorizing acceptance of
the Shelter Plus Care Renewal Grant Award from the U. S. Department of
Housing and Urban Development, in the amount of $143,232.00, for a one year
period to provide rental assistance and supportive services to disabled
homeless individuals; and authorizing the execution of the necessary
documents.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2007.
Sincerely,
- !n. h1~
Stephanie M. Moon, CMC l
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Jane Conlin, Director of Human/Social Services
Carol Tuning, Human Services Coordinator
~{c
IN THE COU:--JCIL FOR THE CITY OF ROA!\'OKE, VIRGl1\ilA,
The 19th day of March, 2007.
No. 37704-031907.
1\ RESOLUTlO:\" authorizing acceptance of the Shelter Plus Carc Renewal Grant Award
¡¡-om the C.S. Department ofllousing and Urb,UJ Dcvelopmcnt, in thc amount of$1-13,232 for a onc
Yèar Pèriod, to provi(!è rcntal assistance and supportive services to disabled homeless individuals:
and authori7ing the execution of the neeessarv dOCllmcnts.
- "
BE IT RESOLVED by the Council of the City of Roanokc that:
1. The City of Roanoke hcrcby aeccpts the Shelter Plus Care Rcnewal Grant Award
f¡-om the U. S. Department oJ"Housing and Urhan Developmcnt, in thc amount 01"5143.232 for a one
ycar period, to provide rental assistance and supportive serviecs to disahled homeless individuals, as
more paI1icularly set forth in the March 19,2007, Iettcr of the City M¡mager to this Council.
.,
The City Managcr is hcrcby authorized to execute any aIld all requisite documents,
upon form approved by the City AttomèY, and to furnish such additional information as may he
required ill cOI1l1ection with the City's acceptance of this grant.
ATTEST:
~~~~:Ø" rr,. ~
Stephanie M. .Moon, CJ\'¡C
City Clerk.
K \RrSOi.CT](l;-J\Ji:_SHELTF.R P:.l IS GRANT A\\,.o,PD O~]9r}7 DOC
it
.-
.~.:. "¡ri:
<1.iI@Ìà
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chul:L'h A\'L'lllll'. S. \V., ROlll11-l5ó
Ruanok;.:, Virginia ~:1O 11-1536
' 'L'leplwllt': 1.5":'Ui l:ì)3-~:'·:1
r3X: ().:("I) ':\5:; 1 1.. .5
E-Ill.lil· .:k'rktii"fllanl1k'::\":l.g()\'
SHEILA i\. II.\RT~1.-\K
Deputy City Ckrk
STEPHAi\Ir: \"1. r...fOOt\. Ct\1C
CilyCkrk
March 21, 2007
File #60- 178-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37705-031907 appropriating
funds from the United States Department of Housing and Urban Development
for the Shelter Plus Care Grant, and amending and reordaining certain sections
of the 2006-2007 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
Sincerely,
l¢1J.'1_:....r". ~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Jane Conlin, Director of Human/Social Services
Carol Tuning, Human Services Coordinator
~"':J..')
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19rh day of March, 2007.
No. 37705-031907.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Development for the Shelter Plus Care Grant, amending and
reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby,
amended and reordained 10 read and provide as follows:
Appropriations
Shelter Plus Care 2007
35-630-5293-2159
$ 143,232
Revenues
Shelter Plus Care 2007
35-630-5293-5293
S 143,232
Pursuant 10 the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ (J~;"~ M I Moorv
City Clerk. . \....
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
'ot'l C. "1'.1\'101" Municipal Building
21:1 Church -¡\\'L'IlUe, S. \V., R(l(llll 3(~"¡'
Roanoh', Virginl., 2-+011-1341
1"1'II'J'h"1h'. L-:;·~ll) ....:~.;-~ \.n
1"<1 \: (:; In :-:."i.~ I J :~~
("11\" \\",,:, W\\\\ [",),111";""\,1 ~1I\
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Shelter Plus Care Grant
Renewal from the U. S.
Department of Housing
and Urban Development
(HUD)
Background:
The U.S. Department of Housing and Urban Development (HUD) and the City
of Roanoke entered into the Shelter Plus Care (SPC) agreement in 2006 for a
one year period. In February 2007, the City received a renewal grant for an
additional one year period.
Permanent supportive housing continues to be identified as a top priority for
the Blue Ridge Continuum of Care and the Roanoke Regional Task Force on
Homelessness. This program provides rental assistance and supportive
services to 23 disabled, homeless individuals and their families. Disabilities
are defined as serious mental illness, chronic substance abuse, AIDS or
related diseases and physical disabilities.
The City of Roanoke and the Roanoke Redevelopment and Housing Authority
worked cooperatively with local community agencies to develop and submit a
proposal for funding.
Honorable Mayor and Members of City Council
March 19, 2007
Page 2
Considerations:
A Shelter Plus Care grant allocation of $ 143,232 was awarded to the City of
Roanoke for a one year period beginning July 1, 2007 through June 30, 2008.
A local in-kind match of supportive services is required and has been
committed by the following agencies: Salem Department of Veterans Affairs
Medical Center, City of Roanoke Department of Social Services, Total Action
Against Poverty, Blue Ridge Independent Living Center, Blue Ridge Behavioral
Healthcare, City of Roanoke Health Department, East-Hornback Services (EHS)
and the Roanoke Aids Project.
Recommended Action:
Authorize the City Manager to accept the Shelter Plus Care Renewal Grant
Award in the amount of $143,232 from the U. S. Department of Housing and
Urban Development and execute the required grant documents on behalf of
the City: such documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $143,232 and appropriate funding in the same amount to an
account to be established by the Director of Finance in the Grant Fund.
Respectfully submitted,
(, ~/'n () J
1U/~
Darlene L. Burcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Acting Asst. City Manager for Community Dev.
Jane R. Conlin, Director of Human/Social Services
Carol Tuning, Human Services Coordinator
CM07-00032
oIf~
iI'
;;.t :-lM
~:.\" . --i:
'œ
CITY OF ROANOKE
OFHCE OF THE CITY CLERK
.2 15 Church AvenUl'. S. \V.. Rllom -1-5()
Roanoke. Virginia 24011-1536
Tclephom': (5·101 S5L~:'i~]
F,\.x: 1:i-l(J) RS.~ 1145
E m¡lil: clelk(~··1"lIantlke\·.\.gl)\·
SHEILA 1\. IL\RTt\P.N
I)C[1111)" CilY Ckrk
STI:PHA.:\IE M. .\,1001'. C\:IC
City ('h~rk
March 21, 2007·
File #60-1 78-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37706-03 I 907 authorizing the
acceptance of the Roanoke Homeless Assistance Team Grant Renewal Award
from the United States Department of Housing and Urban Development to
provide outreach and limited case management services to the homeless; and
authorizing the execution of the necessary documents.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2007.
Sincerely,
M'N·..~M.~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Jane Conlin, Director of Human/Social Services
Carol Tuning, Human Services Coordinator
j)~C
Il\' THE COU\lCIL OF THE CITY OF ROAl\'OKE, VIRGINIA,
The 19th day of March, 2007.
No. 37706-031907.
/\ RESOLL'TJOì\ authorizing the acceptance of the Roanoke Homeless Assistancc
Team (ìrant Renewal Award from the United States Department of Housing and Crban
Development to provide outreach and limited case management services to the homeless; and
authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City of Roanoke hereby accepts the Roanoke Homeless Assistance Team
Renewal Grant Award from the L'nited States DepUl1ment of Housing and Urban
Development, in the amount ofS137,669.00, with a match by the City of 536,927.00. for a
total program budget of $174,596.00, to provide outreach and limited case management
services to the homeless. and as more particularly set forth in the March 19,2007, letter of
the City Manager to this Council.
.,
The City \1anager is hereby authorized to execute :my and all requisite
documcnts as are required for the City's acceptance of this grant, upon fonn approved by t]w
City Attorney, and to furnish such additional inforn1ation as may be required in eonneciion
with the City's acceptance of this grant.
ATTEST:
. Y'v>. fY\þ~
Stephanie M. :'v1oon, CMC "-
City Clerk.
f: \fœ':;'"'l.l; !"InN\¡I..IK1~IELr:S.süRA~:0:Yl(t'31"'Jïl [IUe
,,<'!~
tI
.,.~. '. "-~~
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á2 ..
2liiØu
CITY OF ROANOKE
OFFICE OF THE CfTY CLERK
215 ChurL'll ^n'l1u('. S. \V.. Koom45ó
Rl.li"lThlke. Virginia ';4011-1.:'36
T..:kplll'n..:: ().\I)l ~5.~ .":5-11
Fax: Is·;n) S:'.ì.] 1-1-5
E-nl:lil: c]~lk(!rnl;IllOkl'\·;¡.~:l'\
Sill'll." 'i.I·IARnIA'i
Dl'puty CilY C1..'rk
STI-.I'II.-\NIE M. ~IOO'\!. CvlC
Cit~ C1t'rk
March 22, 2007
File #60- 178-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37707-031907 appropriating
funds from the United States Department of Housing and Urban Development
for the Homeless Assistance Team Grant, and amending and reordaining certain
sections of the 2006-2007 General and Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
Sincerely,
~~~~~o.v
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Jane Conlin, Director of Human/Social Services
Carol Tuning, Human Services Coordinator
~'>
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2007.
No. 37707-031907.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Development for the Homeless Assistance Team Grant, amending and
reordaining certélin sections of the 2006-2007 General and Grant Funds 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 2006-2007 General and Grant Funds Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Grant Fund
Fees for Professional Services -
Human Services Support
Grant Fund
Appropriations
Regular Employee Salary
Temporary Employee Wages
City Retirement
ICMA Match
FSA Match
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Telephone-Cellular
Administrative Supplies
Expendable Equipment <$5000
Motor Fuel and Lubricants
Fleet Management Daily Vehicle
Rental
Program Activities
Postage
01-250-9310-9535
01-630-1270-2010
35-630-5342-1002
35-630-5342-1004
35-630-5342-1105
35-630-5342-1116
35-630-5342-1118
35-630-5342-1120
35-630-5342-1125
35-630-5342-1126
35-630-5342-1130
35-630-5342-1131
35-630-5342-2020
35-630-5342-2021
35-630-5342-2030
35-630-5342-2035
35-630-5342-2038
35-630-5342-2054
35~630-5342-2066
35-630-5342-2160
S 2,510
(2,510)
100.893
13,334
15,870
1,950
390
8,888
12,420
777
1,140
26
2,667
1,667
500
500
1,200
800
11,274
300
Revenues
Homeless Assislance Team -
Federal 2007
Homeless Assistance Team -
Local Match 2007
35-630-5342-5342
137,669
35-630-5342-5343
36,927
Pursuant to the provisions of Section 12 of the Cily Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ fJ",.,..:. ..1M, ~e~
~~ City Clerk." ~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Nod C. 1.1\'I"f 'vll1ni,il'_,lllllilding
21~ Church AYt'I1Ut', S.\V., Rloh)n1 364-
Rn.-mnke, Virginia 2.J.ll.ll-15~11
Iv1t.ï'I1I':1I': (':'.. .Ilj "-:;.\-2 \ ì.....
F,l~.: (:,.. .I)) :-.:.,.~- J ] :-:.'"
("11\" \\'L,l,: \~'\\"\\ .rll.lIhlk"\.l..\:ll\"
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Roanoke Homeless
Assistance Team (HAT)
Grant Renewal from the
U. S. Department of
Housing and Urban
Development (HUD)
Background:
The plight of homeless individuals and families has been at the forefront of the
community's attention for more than a decade. The number of homeless
persons relying on local services has indicated some increase from 301 in 2000
to 408 in 2006. The 2006 winter survey conducted by the Roanoke Valley Task
Force on Homelessness indicated that the nightly average of homeless persons
during the survey period was 427.
Based on Roanoke's 2006 Continuum of Care application, the Roanoke
Homeless Assistance Team ("HAr) Renewal was awarded a supportive services
only grant from the U. S. Department of Housing and Urban Development
totaling $137,669 for a one year period beginning February 1, 2007. A local
cash match of $36,927 is required for a total program budget of $1 74,596.
Honorable Mayor and Members of City Council
March 19, 2007
Page 2
Considerations:
The HAT office is currently located at 339 Salem Avenue. This location provides
for convenient access to our program by our clients. HAT staff maintains office
hours from 8:00 a.m. until noon after which time street outreach is conducted
to shelters and other places not designed for human habitation. Staff provides
limited case management services including agency referrals, security deposits,
food, transportation and prescription assistance. The grant award needs to be
accepted and funding appropriated to continue the program.
Recommended Action:
Accept the HUD grant award described above and authorize the City Manager to
take such actions and execute such documents as may be necessary to obtain,
accept, implement, administer, and use such grant funds, including execution
of any required grant agreement, such documents to be in a form approved by
the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $137,669 to an account in the Grant Fund to be established by
the Director of Finance. Transfer funding in the amount of $34,4 17 from the
Local Cash Match Funding for Grants account (35-300-9700-5415), and $2,5 10
from Human Services Support - Fees for Professional Services (01-630- 1270-
2010. Appropriate funding in the amount of $ 174,596 to expenditure accounts
to be established in the Grant Fund as outlined in Attachment "A".
. Respectfully submitted,
Darlene L. Bur ham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
Brian Townsend, Acting Asst. City Manager for Community Development
Jane R. Conlin, Director of Human/Social Services
Carol Tuning, Human Services Coordinator
CM07-0003 I
Attachment "A"
SUPPORTIVE HOUSING PROGRAM (SHP)
BUDGET ITEMS
Object Code DescriPtion Budqet Amount
1002 Employee Wages 100,893.00
1004 Temporary Employee Wages 13,334.00
1105 City Retirement 15,870.00
1116 ICMA 1,950.00
1118 Flexible Spending (SSA Match) 390.00
1120 FICA 8,888.00
1125 Medical Insurance 12,420.00
1126 Dental Insurance 777.00
1130 Life Insurance 1, 140.00
I 131 Disability 26.00
2020 Telephone 2,667.00
2021 Telephone - Cellular 1,667.00
2030 Administrative Supplies 500.00
2035 Expendable Equipment <$5,000 500.00
2038 Motor Fuels and Lubricants 1,2()0.00
Fleet Management Daily Vehicle
7025 Reoairs 800.00
2066 Program Activities 11,274.00
2160 Postage 300.00
Total Budqet 174,596.00
SHP Reauest 137,669.00
Local Cash Match 36,927.00
tP~
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. \V.. Ruom 456
RoaIlLlke. Virginia 24011-15.16
Tdcphonc' lS40) 853·2541
Fax: (540; ~53-ll.. .S
F.-mall: clerk@"roanok('va.gllV
SHEILA N. HARHIAN
Deputy City Cll-rk
STFPHAI'IE ~1. ~100N. Oil'
. City ('Jelk
March 22, 2007
File #24
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37708-03 I 907 amending and reordaining
§33-23, Notice to owner of hearinq on abatement costs: post-abatement
hearinq, of Article II, Weed and Trash Abatement, of Chapter 33, Veqetation and
Trash, Code of the City of Roanoke (1979), as amended.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
Sincerely,
~~:~:~~~
City Clerk
SMM:ew
Attachment
pc: The Honorable James R. Swanson, Chief Judge, Twenty-Third Judicial
Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
Darlene L. Burcham
March 22, 2007
Page 2
pc: The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable M. Frederick King, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable Joseph P. Bounds, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic
Relations District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail
to Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 323 16
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Kozuo Webb, Office of the Magistrate
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Acting Assistant City Manager for Community
Development
W. Dan Webb, Codes Compliance Coordinator, Neighborhood and
Housing and Neighborhood Service
<S~N'\
IN THE COl.;NClL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March. 2007.
No. 37708-031907.
AN ORDINANCE amending and reordaining §33-23, Notice to owner of hearin~ on
&nltclllent costs: post-abatement heari1}g, of A.nicJe IT, Weed and Tra~h.AþaJement, of Chapter
33, Vegetation and Trash, Code of the City of Roanoke (1979), as amended; provilling for an
effective date; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by (he Council of the City of Roanoke as follows:
1. Section 33-23, Notice to owner of hcaring OD aþ_aJement costs: post-abatement
hearing, of Articlc II, Weed and 'frat'h Abatement, of Chapter 33, V e~etation and Trasl]. Code of
the City of Roanoke (1979), as amended, is hereby amended and reordained to read and providc
as follows:
§33-23. :\otiee to owner ofheariHl: on abatement eosts~t-aàatemeflt hell:l:lli&
(a) Upon completion of the reports ¡md assessmcnt lists, the
city manager shall seRa by eertified mail by United Slates
POó'wl Service to each owncr at his address as detennined from
puhlic re-cords a notice including a statement to the owner of the
abatement cost and thc administrative fce. :¡':Ae-£¡otice shall ûlse
adyise the o'/;Hff-ef his ri;;}¡t to object to, be hear~
oontest-4he affiollflt of the-'ûootcfficnt costs. The notice shall
fllrtÀer provide that upon confirmation by thc city manager of
the abatement cost and administrative fee, they shall constitutc
special assessments against the owner and the parcel, a personal
obligation of the owner, and a lien upon the owner's parcel trom
the date and time of the recordation of the notice of licn, and
from the date of such eonfinnation, until paid, bear interest at.
the legal rate, and that any fces, charges or costs tor the
abatement of a nuisance thereof shall be collected in any
manner provided by thc Code of Virginia for the collection of
state and local taxes.
O-St:¡,;lion 33-23 - Weed ahatC:'Tncnt costs amendment 031907
~-£e-OWilèf-shall ha,;~ fOHrt~¿R (11) days ¡rom the date of
receipt of the Ilotiee of assessment-to-appeal-thfHlmount·-of-tke
assessment to-the---€i-!ÿ-lRallll-'Jer-,-The eity mærager ~;llall set a
hearing-aml-not-ify---tfle- o_-ef -Ihe---t-irne-anù I oeat ion ---ef--a
hearing for tBe pHr¡¡OSe ofheariRg tAe OVd'ler'~; ohjeetion:; [0 and
comments llflon the report and proposed aGsessment, of
rorree-ting-ally-tH-isf¡¡ke~'1iK'f.'lolfa€-ies----ifl-ltleSf-'--tleeHffleffis-æ'l(i
ef-efJnfinnin¡; the same. If tAe owner ùoes Rot a¡¡peal tAe
assessment as stated in tAe notice, the assessment shall be
(1eemeù (0 be eonÍÏnned.
(e b) WitJ~ respect to all assessmeHts remainiHg llnpaid fOHrteen
(11) days afier eORlinnution, t TIle city numager shall cause a
notice of the lien of the special assessment prepared by the city
attorney to be recorded in the clerk's of1Ïcc of the circuit court
of the City of Roanoke, Virginia. The city attorney may take
appropriate ste.ps including a personal or in rem suit or action in
the appropriate court to enforce the lien to satisfy the special
assessment.
(d c) The director of finance, when in his discretion it is just and
proper to do so, may waive liens imposed pursuant to this
section whenever doing so will facilitate the sale ofihe property
and encourage its productive reuse.. Such liens may be waived
only as to a purchaser who is wlfelateù by blood or marriage to
the owner and who has no business association with the owner.
All such liens shall remain a personal obligation of the owner of
thc property at the timc the liens wcre imposed.
) This ordinance shall be in full force and effect immediately upon passage of this
ordinance.
3. Pursuant to Section 12. Roanoke City Charter, the second reading by titlc of this
ordinance is hereby dispensed with.
ATTEST:
/fiIÞ.~Io" ~,j IYJ. Y¥'\()~
City Clerk. . C
O-Sl~c[ion 33-23 - \V":'O('d ø.b.a1Cm~1l1 ..:.US[S ame11dmcnl 031 907
)
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CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
\JLlel c... 'Llylor \l11l1kip<lI Building
213 Chur(h A\'t'nlll~, S.\V., RLl¡)m 364
I{ll<lIlnkc, Virgini<l 24{111-] :=;l) I
Tt' ¡'phl '!l'.'. I-:;.. .Il,; '-';::;.-:-.:.1."'\."':
I· .1'.: \ :;.~( 11 :-: :;:1- 11.1.....
lll\"\\"l'l': \\"\\\\".I",lIll'''''''\·'1.¡':''\
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: City Code Changes
Regarding Code
Enforcement of Weeds
and Nuisance Trash
Background:
The City Manager, with the support of City Council, has asked staff to
evaluate how the City abates blight issues. In an effort to better address the
blight issues within the City, the City Manager has established a code
enforcement review team comprised of members from several City
departments_ The code enforcement review team has worked together to
find more efficient and effective ways to aggressively address blight issues
within the City.
In an effort to streamline the billing process, the code enforcement review
team has worked with the City Attorney's Office to evaluate whether or not a
more efficient and cost effective method of billing the owner of a property
can be utilized under state law. Currently the owner is billed by certified mail
for work done by the City's contractor(s) on a weed or trash nuisance.
Sending the bills by regular U. S. mail rather than certified mail would save
the City $3,000 per year in postage costs.
Honorable Mayor and Members of City Council
March 19, 2007
Page 2
Also, no "Post Abatement Hearing" is needed as there is generally ample
opportunity prior to billing for the property owner to abate a nuisance. The
code enforcement inspectors already have the flexibility within the system to
work with the property owner toward an agreeable solution.
The code enforcement review team has held several neighborhood meetings
to receive input from the public on neighborhood concerns related code
enforcement issues. The proposed code amendments are a first step by the
City to address some of the neighborhood concerns voiced at the public
meetings. The City has also worked with the Commonwealth Attorney's
Office to have a prosecutor dedicated to the prosecution of code
enforcement violations. The City is also cross training its employees to
improve the City's enforcement efforts. The code enforcement review team
will continue to work with various City departments, the City Attorney's
Office, and our neighborhoods to find and implement efficiencies in the
City's code enforcement efforts.
Recommended Action:
Adopt the attached ordinance amending Section 33-23, Notice to owner of
hearing on abatement costs; post-abatement hearing, to eliminate the
requirement that notices and billings be sent by certified mail, and to
eliminate the requirement that post-abatement hearings be provided for
those who wish to contest the amount of the proposed assessment.
---ror-/'
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Acting Asst. City Manager for Community Dev.
CM07-00035
""~
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 ChurL'll Avenue. S. \V., Room 456
Roanoke. Virginia 24(111-1536
Tl'kphone: 15401 S5~-254]
['ax: (5..:.0) l:i53-1 ]45
E-mail: c1e¡k@roanúkt'\'agov
SHEILA N. HARTMAI'
Deputy Ci )' Clel k
STEP/JAI'IE ~1. MOOI\. CMC
City Clerk
March 22, 2007
File #102
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37709-03 1907 authorizing the City
Manager to execute Amendment No.6 to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc., for additional engineering services for the Dr. Martin
Luther King, Jr. Memorial Bridge (formerly called First Street Bridge).
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19, 2007.
Sincerely,
~'V~JÌY). rr.ev
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Robert K. Bengtson, P.E., Director, Public Works
Mark D. Jamison, P.E., Manager of Transportation
Philip C. Schirmer, P.E., L.S., City Engineer
Luke E. Pugh, P.E., Civil Engineer II
fJf
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2007.
No. 37709-031907.
A RESOI.UTION authorizing the City Manager to execute Amendment No. 6 to the
City's contract with Hayes, Seay, Mallem & Mallem, Inc., for additional engineering services for
the Dr. Martin Luther King, Jr. Memorial Bridge (fomlerly called First Street Bridge).
BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City Manager is authorized to execute: for and on hehalf of the City, in a
form approved by the City Allomey, Amendmcnt No.6 to the City's contract with Hayes, Seay,
Mattem & Mallem, Inc., for additional engineering services tilr the Dr. Marlin Luther King, Jr.
:'v1emorial Bridge (Connerly called First Street Bridgc), all as morc fully sct forth in the City
Manager's letter to Council dated March 19,2007.
2. Thc Amendmcnt NO.6 will provide authorization for additions in thc work, with an
increase in the amount of thc contract of an additional $48,500.00, all as set forth in thc above
refercnced letter, bringing the total amount of the contract, including all Amcndments, to
$1,015,057.00.
ATTEST:
~
ÞJ. ~d>V
City Clerk.
R-Amcnd #6 HSYlM - Dr. King Ir. Memorial Bridge
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
)J(lcl C. TclY}Ol" Municipdl BuiJding
21:1 Church A\'l'l1Ul', ~.\V., Rnom 36-1-
RO.lnIJkt·, Vìrhini., ::!-J.llll-1:;9J
T\'ll'ì~lll'n...: (:;·ll!¡ .....:;.....-21~-;
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March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council;
Subject: Dr. Martin Luther King Jr. Memorial
Bridge - HSMM Contract
Amendment NO.6
Background:
Council awarded a contract on December 6, 1999, to Hayes, Seay, Mattern &
Mattern, Inc. (HSMM) for the design of the Downtown North Parking Garage
(Gainsboro) and the First Street Bridge (since renamed the Dr. Martin Luther
King, Jr. Memorial Bridge). Five (5) amendments to the contract have been
executed for additional design services. The original contract was for
$560,000.00 and the five (5) amendments total an additional $406,557 with
the appropriate portions of such amount being previously approved by Council.
City staff has negotiated a contract amendment for HSMM to do the
construction inspection services required by the building code for the
reconstruction of the Dr. Martin Luther King, Jr. Memorial Bridge in the amount
of $48,500. The contract term will run concurrent with the contract for
construction. City Council approval of the contract amendment is necessary
because prior amendments have exceeded 25% of the initial contract value.
Funding is available in account number 08-530-9574 "First Street Pedestrian
Bridge" for the proposed amendment.
Honorable Mayor and Members of City Council
March 19. 2007
Page 2
Recommended Action:
Authorize the City Manager to execute an Amendment No. 6 for the above
additional services with Hayes, Seay, Mattern & Mattern, Inc., in the amount of
$48,500.
Respectfully submitted,
~~~~
Darlene L. BU-¡;~~
City Manager
DLB:LEP:dps
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Robert K. Bengtson, PE, Director of Public Works
Mark D. Jamison, PE, Manager of Transportation
Philip C. Schirmer, PE, LS, City Engineer
Luke E. Pugh, PE, Civil Engineer II
CM07-00028
..
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A\'enue. S. \V.. Room 45ó
Rll<.lllllkc. Virginia 24011-1536
TdephLlnl': /540) gS:';-254I
Fa,,: (54U"lS53-1145
E·mail: clelk@roanoke\,3.gov
SHEILA N. HARnlAN
Deptil}' City Clerk
STEPHANIE ~I MOOt>. eM,
City C1elk
March 22, 2007
File #5-32-60
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37710-031907 authorizing the City
Manager's issuance and execution of an additional Amendment to the City's
contract with Cederquist Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley
Maddux Motley for additional professional services for the Police Building,
Phase II Project.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19,2007.
Sincerely,
, fY? "1fJfrv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
R. Brian Townsend, Acting Assistant City Manager for. Community
. Development
Sherman M. Stovall, Director, Office of Management and Budget
Philip C. Schirmer, P.E., L.S., City Engineer
Brenda D. Landes, Architect
A. L. Gaskins, Chief of Police
þ ,---(
IN THE COUNCIL OF THE CITY OF ROM"¡OKE, VIRGINIA,
The 19th day of March, 2007.
No. 37710-031907.
A RESOLUTION authorizing the City Manager's issuance and execution of an additional
Amendment to the City's contract with Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez
Ripley Maddux Motley for additional professional services for the Police Building, Phase II
Project.
BE IT RESOLVED by the COlmcil of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to issue and
execute an additional Amendment to the City's contract with Cederquist Rodriguez Ripley, P.C.,
d/b/a Rodriguez Ripley Maddux Motley, for additional professional services for the Police
Building, Phase II Project, all as more fully set forth in the City Manager',s letter to this Council
dated March 19,2007.
2. The forn1 of such Amendment shall be approved by the City Attorney.
3. Such Amendment will provide authorization for additions to the work, with an
increase in the amount of SI0,347.02 to the contract, and which amount is in addition to the
$40,000.00 previously approved by Council by Resolution 1\'0,37235-110705, all as set Ii:>rth in
the above Jetter.
ATTEST:
.. (n, ty¡~
City Clerk. . ('
K:\~easures\PoliC' Building: PhaselI Amendment 3 OÎ.doc
CITY OF ROANOKE
OFFICE OF THE CITY MAN AGER
\!l)L' C. Taylor MuniclPcll Building
215 Church AvC'nue, S.\V., Room 364
Rllal1oke, Virginia 24011-15~)"
Tt.·J..:phnIW: (;-10) :-;53-2:n.'
Ln I::;·lln H:'iJ-IIY.¡
(il.'" \\',>h: \\ i\ \\".rI1<lIlI,kt·\".I.¡:,.\"
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Amendment to Architect's
Contract for the Police Building,
Phase II
Proposal No. 02-0 1-16
On February 13, 2003, the City of Roanoke signed a Contract with Cederquist
Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley Maddux Motley (Architect) for the
design,'and construction administration for the Police Building. A construction
contract was awarded to J.M. Turner & Company, Incorporated (Contractor), on
June 29, 2004, with a Notice to Proceed date of August 16, 2004, and a
completion date of October 10,2005, which was extended to November 6,2005.
The actual completion date was October 5, 2006.
In November of 2005, Council approved, by Resolution No. 37235-110705,
additional architectural and engineering construction administration services by
the Architect and amendments to its contract, up to $40,000, due to the extended
project duration. The Architect has worked in good faith to assist with multiple
additional inspections and items requiring additional time and effort beyond the
$40,000 approved.
An amendment to the Architect's contract is needed to pay for such additional
services. The cost for the additional services is $ I 0,347.02, based on hourly rates
in the base Contract. Council authorization is needed to pay for the above
additional services because the additional services, when combined with prior
amendments, exceed 25% of the original contract amount.
Honorable Mayor and Members of City Council
March 19, 2007
Page 2
Project funds being withheld from the Contractor for liquidated damages will be
sufficient to pay the cost of such additional services.
Funding is available in account number 08-530-9567, "Police Building Design -
Phase II" to fund the proposed amendments.
Recommended Action:
Authorize the City Manager to execute an additional amendment to the City's
contract with Cederquist Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley Maddux
Motley (Architect) in the amount of $ 10,347.02 for additional professional services
rendered to complete the project.
Respectfully submitted,
~
City Manager
DLB:BDL:dps
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
Philip C. Schirmer, PE, LS, City Engineer
Brenda D. Landes, Architect
CM07-00027
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chun.:h A \·l·nll~. S. \V.. Room ....56
Roanoke. Virginia 2..:1.011-153ó
Td~'rhlmL': l:'l·tO) :'i5J 25.. .1
P".\: c5·lfll:':531].. .5
E-mail: .:krk ((. 1"t1;}]}(\kc\ a.~ll\·
SHEILA~. !!.\RnlA:'-/
DepulY Cily Ckrk
STEPII,.\~IE:-'1. \-IOON. ("\Ie
City Ch'rk
March 21, 2007
File #38-60
Ms. Sheila N. Hartman
5027 Harvest Ridge Road
Roanoke, Virginia 240 19
Dear Ms. Hartman:
I am enclosing copy of Resolution No. 3771 I -031907 confirming your
appointment as the Deputy City Clerk of the City of Roanoke, effective
March 19, 2007.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19, 2007.
Sincerely,
#t1 ~ Îr). '0()h1.1
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Drew Harman, Municipal Auditor
Keli M. Greer, Director of Human Resources
\f'~
V
IN THE COU~CLL OF THE crry OF ROA,"!OKE, VIRGINIA,
The 1.9th day of March, 2007.
No. 3771.1.-031.907.
A RESOLUTION confirming the appointment of Sheila I\. Hartman as the Deputy City
Clerk effective March 19,2007.
WHEREAS, the City Clerk desires to appoint Sheila N. Hartman as Deputy City Clerk of
the City of Roanoke effective March 19, 2007. to which appointment this Council desires to
express its consent as required by *24 of the Roanoke City Charter of 1952.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
appointment effective March 19, 2007, by the City Clerk of Sheila N, Hartman as Deputy City
Clerk of the City of Roanoke is hereby approved, ratified and confirmed.
ATTEST:
~~",Yn, ~I>V
(§iS~-O
.
... I '
.-
- .-
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church ",-enue. S. Woo Room 456
RU:1II0kl'. Yir~inia 241111-15.'6
Tdl"phunt': 1:'-111) 1":;.\-25."
fo":IX: (S'¡OIK5.\-II' ':;
E-nmil: dtrk(t¡ rUaI1Ukl'\II. .:O\
SIIFII..\~. HARTì\lA"
.\!'>..¡..lllnf Ot) Clerk
STU'II'-\.\"II: .\1. 'f()()~. ("\1('
<.ït~· ('h:rk
March 14, 2007
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
On February 5, 2007, Council elected me as City Clerk, which left the
Deputy City Clerk position vacant.
Section 24 of the Roanoke City Charter provides for the concurrence of
Council in the appointment of a Deputy City Clerk. Therefore, it is
requested that Council concur in the appointment of Sheila N. Hartman as
Deputy City Clerk, effective March 19,2007. Ms. Hartman was hired as the
Assistant City Clerk in August 2001, and she has over 37 years of service
with the City of Roanoke.
Adoption of the attached resolution by Council is respectfully requested.
Sincerely,
1;r::¡i.~ ~ )Y), ~
Stephanie M. Moon, CMC
City Clerk
Attachment
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CITY OF ROANOKE
OFFICE OF TIlE CITY CLERK
215 Church Avenue. S. W.. Room 456
RO"nlIKe. Virginia 24011-15.16
T¡'kphone. 15-1-(}) 853-25.11
b.\: (54(1) ~5:~-1 ]-t5
[" mail: clcrk(r!'n.:ml1kc\'1l..!,:ll\'
SJ/Hl.A N. HART;\1AK
Dl'plllY CI1~ Clerk
STEPHA"IE ~1. ~10m~. CMC
Cityc.:tcrk
March 13, 2007
File #467
George J. A. Clemo, Attorney
Woods Rogers PLC
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Clemo:
I am enclosing two copies of Resolution No. 37712-03 1907 authorizing
issuance of not to exceed $3,680,000.00 General Obligation School Bonds of
the City of Roanoke, Virginia, Series 2007-A, to be sold to the Virginia Public
School Authority and providing for the form and details thereof; and for
appropriate filing with the Circuit Court of the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19,2007.
Sincerely,
#,v·L.J m.lYJðWv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: The Honorable Brenda L. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Marvin T. Thompson, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
\~~~
The 19th day of March, 2007.
Resolution No. 31712-031907.
RESOLlJTIO~ AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$3,680,000 GE]\"EI.0\L OBLIGATION SCHOOL BONDS
01<' T1JF: CITY OF ROANOKE, V1RGINIA, SJ<~RIES 2007-A,
TO BE SOLD TO THE V1RGINIA PlJBLlC SCHOOL AUTHORITY
Al\D PROVIDING FOR THE FORM A.c'llD DETAILS THEREOF.
"'lŒIŒAS, the City Council (the "Colll1cil") of the City of Roanoke, Virginia (the
"City"), has dctennined that it is nccessary and expedicnt to borrow an amount not to exceed
$3,680,000 and to issue its general obligation school bonds for the purpose Df financing certain
capital projects for school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on November 20, 2006, on the
issuance of the ßonds (as detined helow) in accordance with the requirements of Section
15.2-2606. C."ode of Virginia 1950, as amendcd (the "Virginia Code"); and
\\'lfEREAS, the School Board of the City ha$, hy resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter defined); and
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that S3,502,-I29 is
the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School
Authority (the "VPSA") in connection with the sale oftl1e Bonds: and
'''lI''REAS, VPSA's objective is to pay the City a purchase price for the Bonds which, in
VPSA's judgment, reflccts the Bonds' market value (the "VPSA Purchase Price Objective"), taking
consideration of such tàctors as the amortization schedule the City has requested for the Bonds
relative to the amortization schedules reqnested by other localities, the purchase price to be received
by \iPSA tor its bonds and other market conditions relating to the sale of the VPSA's honds: and
\VI1ERRAS, such factors may result in the BOJl(1s having a purchase price other than par
and consequently <)) the City may have to issue a principal amount of ßonds that is greater than or
less Than the Proceeds Requested in order to receive an amount of proceeds that is subst,mtially
equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds
,et forth in section I below does not exceed the Proceeds Requested by at least the amount of any
discount, the purchase price to be paid to the City, given the VPSA Purchase Price Objective and
market conditions, will be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY TH" CITY COeNClL OF THE
CITY OF ROAl"lOKE, \TRGINIA:
:#10: I ~26-1. 07ïl::2ti-r)('058-0lj
I. AuthoJ"Ízation of Bonds and ['se of Pr·oceells. 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 $3,680,000 (the "Bonds".) tèx the pUlpose of financing certain
capital prc~ects for school purposcs as described in Exhibit ß. The Council hcreby authOlizes the
issuance and sale of the Bonds in the form and upon the tcnns established purswmt to this
Resolution.
2. Sale of the Bonds. It is dctcnnined to be in the bcst interest of the City to accept the
offer of VPSA to purchase from the City. and to scll to VPSA, the Bonds at a price, determined
by VPSA to be fair and accepted by lheMayor and the City Manager, or eithcr of them that is
substantially equal 10 the Pmcecds Requested, cxcept that the Bonds may be sold for a purchase
price not lower than c)5"..~ of the Proceeds Requcsted if issuing the Bonds in the maximum
princiral amount authOlized by Section 1 of this Rcsolution is insufficient. givcn the VPSA
Purchase Price Objective and market conditions. to gencrate an amount of proceeds substantially
equal to the Proceeds Requcsted. The Mayor, the City Manager, or either ofthcm and such other
officer or officers of the City as either may designate are hcreby authorized and directed to enter
into a Bond Sale Agrcemem dated the sale date of VI' SA 's bonds, with VPSA providing for the
sale of the Bonds to VPSA. The af,'Teement shall be in substantially the form submitted to the
CO¡l11cil at Ihis meeting, wbieh fonn is hereby approved (the "Bond Sale Agreemelll").
3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the
Bonds; shall be dcsignatcd "General Obligation School Bonds, Series 2007-A"; shall hear interest
Irom the date of delivery thereof payable semi-annually on each January.l5 and July 15 heginning
January 15, 2008 (eaeh an "Interest Payment Date"), at the rates estahlished in accordance with
Sccti()n -t of this Resolution; and shall mature on July 15 in ùle years (each a "Principal Payment
Date") ilIld in the amollnts set forth on Schedule I attached hereto (the "Principal Installments"),
subject to the provisions of Section -t of this Resolution.
4. Interest Rates and Principal Installments. The C'ity Manager is hereby aUùlOri7ed and
directed to aeeept the interest rates on the Bonds established by VPSA. provided that each interest
rate shall be ten one-hundredths of one percent (0.1 O~,o) over thc interest rate to be paid by VPSA
tor the cOlTesponding principal payment date of thc bonds to be issued by VPSA (ùle "VPSA
Bonds"), a pOliion of the proceeds of which \vill be used to purchase the Bonds, and provided
further that the true interest cost of the Bonds does not exceed five and tifty one-hundredths percent
(5.50'Yo) per annum. The Interest Paynlent Dates and the Principal Installmcnts are subject to
change at the request of VPSA The City Manager is hereby authorized and directed to accept
changes in the Intcrest PaYlnent Datcs and the Principal Installments at the requcst of VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authori7ed
by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by VPSA and Interest Payment Dales and the
Principal InstClllments requested by VPSA as having been so accepted as authorized by this
Resolution.
(# I (;: I : 26-1. ú7ìfi26-00058-0 J ;
,
~
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
l)'[lc\vritten bond substantially in the fonn attached hereto as Exhibit A.
6 l'aHncnl: Paying Agent and Bond Registrar. The following: provisions shall apply to
the Bonds:
(a) For as long a;: VPSA i;: rhe registered owner of the Bonds, all payments of principal,
premium, ifany, and interest on the Bonds shall be made in immediately available funds to VPSA
at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date
fixtd for prepayment or redemption, or if such date is not a business day for Virginia banks or for
the Commonwealth of Virginia. thell at (lr bdore 11 :00 ,un. on the busincss day next preceding
such Interest Payment Date. Principal Payment Date or date fixed for prepayment or redemption.
(b:) All overdue paYlllents c>f principal and. to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on tbe Bonds.
(e) Regions Bank, Richmond, Virginia, is designated as Bond Re¡,<istrar and Paying Agent
for the Bonds.
7. Prepayment or Redenllltion. The Principal Installments of the Bonds held by VPSA
coming due on or before July 15,2017, and the detinitive Bonds for which the Bonds held by
VPSA may be exehanged that mature on or before July 15, 2017, are not subject to prepaYlllent or
redemption prior to their stated matmlties. The Principal Installments of the Bonds held by VPS..\
coming due after July 1S, 2017, and the definitive bonds for which the Bonds h<.:ld by VPSA may
be exchanged that manrre after July 15, 2017, are subjcct to prepayment or redemption at the option
of the City prior to their staled maturities in whole or in part, on any date on or after July 15, 2017,
upon payment of the prepayment or redemption prices (expressed as percentages of Principal
Installments to be prepaid or ¡he principal ëJllOUIlt of the Bonds to be redeemed) sct tè>rth below
plus aec.med interest to the date set tor prepayment or redemption:
DaJ;?~
Prices
July 15,2017 through July 14, 2018
July 15, 2018 through July 1-1, 2019
July IS. 2019 and thereafter
101"'0
I OOI/;~O
100%,
provided, .however, that rhe Bonds shall not be subject to prepayment pr redemption pliO!"
to their ;tated maturities as described above without first obtaining the wTitten consent of VPSJ\ or
the registered owner of the Bonds. '\'oric.e of any such prepayment or redemption shall be given by
the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less
than sixty (60) days before the date fixed jor prepayment or redemption.
[1nO] : 126-1. (J77826-û()(j5S-(l;)
,
.,
S. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk
of the City are authorized and ,lirected to execute and deliver the Bonds and to affix the seal of the
City thercto.
9. Pled!!e of }i'ull Faith and Credit, For thc prompt payment of the principal of, premium,
if any, and the interest on the Bonds as the same shall become due, the fnll faith and credit of the
City arc 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 tmc 'upon alllaxable
property inlhe City subject 10 local laxation sufficient in mnount 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 inlèrest shall becomc 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 ofihe City are
not lawfully avail:1ble and appropriated for such purpose,
10, Use of Proceeds Cer·tificate and Certificate as to Arbitra!!e. The Mayor. the City
Managcr and such other oÎficcr or officers of the City as either may designate me hereby authorized
and directed to cxecute a Ce¡tifieate as to Arbitrage and a l:se of Proceeds Cenificate each setting
lònh the expected use and investment of the proceeds of the Bonds and containing such covcnants
as may be necessary in ordcr to show compliance ~.'ilh ¡he provisions of the Internal Revcnue C..)de
of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion fi'om gross
income of interest on ¡he Bonds and on the VPSA Bonds, The Council covenants on behalf of the
City that (i) the proceeds from the if;suance and sale of the Bonds will be invested and expended as
set forth in such Ccrti1ïcate as to Arbitrage and such Use of Proceeds Certificate and that the City
shall comply with thc 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,
II, State Non-Arbitra!!e Pro!!rarn; Proceeds A!!reernent The Council hereby
detennines that it is in the best interests of the City to auù10riz.: and dire.:t the City Treasureno
participate in the State ~on-Arbitrage Program in connection with the Bonds, The Mayor, the City
Manager and such oflìcer or officers of the City as either may designate are hereby authorized and
directcd 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,
VPSA, the investment manager and the depository, substantially in Ùle fonn submitted to the
Council at tllis meeting, which fì.1n11 is hereby approved,
] 2. Cnntilluin!! Disclosure Agreement The Mayor, the City '\'tanager and such other
officer or officers of the City as either may designate are hereby authorized and directed to execute
a Continuing Disclosure Agreement, as set Ic)lth in Appendix E to ¡he Bond Sale Agreement,
setting fOlth the rcpons and notices to be filed by the City and containing such covenants as may be
neccssary in order to show compliance with the provisions of the Securities and Exchange
:#]U] ]126-], ;)j7:),2fj-OW58-ÜI)
.:¡
Commi;;sion Rule 15c2-12, undcr the Securities Exchange Act of 193-1, as amended, and direc.led
to make all filings required by Section 3 of the Bond Sale Agreement should the City be
determined hy the VPSA to be a ;\lOP (as defined in the Continuing Di,c/osltrc Agreement),
13, Filin!! of Resolution, 'fhe appropriate officers or agcnts of the City are hereby
autll(lrized and directed to cause a ccrti1ì",d copy of this Resolution to be tiled with the Cirwit Court
of the City,
14, Further Actions, Thc members of the Council and all otticc.rs, employees and agents
of the City are heft' by authùrized to lake such action as they or any (lne of Thcm may consider
necessary or desirable in conncction with the issuance and sale of the I3L>nlb and any Sitch action
pr~viously taken is hereby ratified and c.ontimlecL
15 Effective Hale, This Resolution shall take eflèet immediakly,
* * *
The undersigned Clerk of the City of Roanoke. Virginia, hen::by celtifies that the foregoing
constitutes a true and correct extract li'llm ¡he minutes of a meeting of the City Council held on
'vlareh 19. 2007, and (If the whole thereof so tàr as applicable to the matters refen'ed to in such
extract. I hereby flllthcr eenify that slleh me~ting was a re);,'1llarly scheduled meeting and that,
during lite c:onsideration '01' The foregoing resolution, a quorum was present and that the attendmlcc:
and voting of the members in attendance on The !l1t"Cgoing resolutiC'n were as fC'lIows:
Present ,\ bsenr Aye N'lY r\ bsta.in
C. Nelson HalTis. Mayor ---- x_ _n ----.
David R. Trinkle, Vice Mayor X X
---- --- ..
AItì'ed T Dowe, Jr. X X
-_.
Bewrly T. Fitzpatrick, .If. X __x_ -"----
Shennan P. Lea X X
___no
Gwc:ndolyn W. 'vlason X . x.
.. ...- ..-
Brian-'. Wishndf X X
n___
\\Tl"NESS MY HA..'\'H and the seal of the City of Ruanoke, Virginia, this 1.9thday of
March. 2007.
· In. trJnYv
C erk. City of l~oanok-¡:Vtjllia
. . -
[SEAL
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EXHmTT A
(FORM OF TE;o"IPORARY ß01\D)
:\'0. TR-I
$
UNITED STATES OF A:\1ERICA
C0;\1'\10N\VEALTH OF VIRGINIA
CITY OF ROAì\OKE
General Obligation School Bond
Series 2007-'\
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIHCINIA PUBLIC SCHOOL
AUTHORITY th" principal alllount of _____ DOLLARS ($____ __J, in annnal
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2008 and
annually on July 15 thereafter to and including July 15, 2027 (each a "Principal Payment Date"),
togetha with interest from the date ofthi, Bond onlhe wlpaiJ installments, payable semi-annually
on January 15 and July 15 of each year, commencing on January 15, 2008 (each an "l.nteœsi
Payment Dat,,"; tpgether with any Principal PaY111ent Date, a "Payment Date"), at the rates per
annum set forth on Schedule I attached hereto, subject to prepayment or redemption os hereinafter
provided. Both plincipaI of and interest on this Bond are payable in lawful mouey of the United
States of America_
For as long as the Virginia Public School Authority is the registered owner of this Bond,
:.# ¡ 0 1 : 12é·- I: (l77S::Ö· (lorJ5~; .(11 )
/-\-1
Regions Bank, as bond registrar (the "Bond Registrar"), shall make all paymcnts of principal,
premium, if any, and interest on this Bond, without the pl~csentation or surrender hereof, to (he
Virginia Public School ..\uthority, in immediately available funds at or bcj()re ]LOO a.m. on the
applicable PaymenT Date or dale fixed for prepayment or redo:mption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the. Comlllonwealth of
Virginia or ,[;,r the Commonwe.alth of Virginia, thcn the payment of principal, premium. if any, or
interest Oll this Bond shall be madc in immediately available funds at or bo:fìx~ 11 :(10 a.Ill. on Thc
business day next preceding the sehedukd Payment Date or datc fixed for prepaymcnt or
redemption. Cpon receIpt by the regist.ered o""ncr of this Bond of said payments of principal,
premium, if any, and imerest, written acknowledgment of the receipt thereof shall be given
promptly to the 80nd Regist.rar, and the City shall be fhlly discharged of its obligaTion on T¡ÜS Bond
to the extent of the paymcnt so made. Upon final payment this Bond shall be surrendered to the
Bond RegistTar fr>r cancellation.
The full faith and credit of the City are irrevocably pledged for the paYl11ent of the principal
of and tho: premium. if any, and interest elll this Bond. The resolution adopted by t.he City Council
authorizing the issuance of the Bonds provides. and Section 15.2-2624, Code of VirgiJÜa 1950, as
:¡mended, [('quires, that there shall he levied and collected an annual tax upon all taxable property in
the City subject to local laxation sut1ieient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the s¡¡¡ne shall become due which tax shall be without Iimitat.ion as
to rate or amount and shall he in addit.ion to all OTher Taxes authorized to be levied in the City to the
ext.eI1l other funds oftbe City are not lawfully avai/able and appropJialed for such purpose.
This Bond is duly authorized and issued in compliance with ami pursuant to tlle
lillOl11~6- .0778:?6-0005R-OI;
A-2
Constitution and laws of the COlIullonwealth of Virginia. including ¡he Public Finance Act of 1991,
Chapter 26, Titk 15.2, Code of Virginia 1950. as amended, and resolutions duly adoptèd by the
City Council of ¡he City a.nd the School Board of the City to provide funlls for capital projects for
sc hool pUll1oses.
TIlls Bond may be exchanged without cosl, (\n twenty (20) days written notice from the
Virfoinia Public School c\ut.hmity, at the (\ffice of the Bond Registrar on one or n1Pre occasions for
one or more tell1poralY bonds or detìnitive bonds in marketable t,)ml and, in any case, in fully
reloistered forn], in denominations of 55,OUO and whole multiples thereof: and having an equal
aggregate plincipal amount, having plincipal installments or mahllities and be31ing interest at rates
eOlTesponding to the matulities of and ¡he interest rates on the illstallments of principal of this Bond
then unpaid. Th.is Bond is registered in the name of the Virginia Public School Authority on the
b.X)KS of the City kept by the Bond Registrar, and the transfer ofthi.> Bond may be effected by the
registered owner of this Bom! only upon due executi.-)n of an assiglmlent by such registered owner.
Upon receipt of such assignment iUld the surrender of this Bond, the Bond Registrar ,hall èxehange
this Bond for definitive Bonds as hereinabove provided, such detinitive Bonds to be registered on
such registration books in the name of the assignee (lr assignees named in such assignment.
The plincipal installments of this 130nd coming due on or bclore July 15, 2017 and the
cktìnitive Bonds for which this Bond may be exchanged that mahrre on or before July 15, 2017. arc
not subject to prepayment or redemption prior to their stated matuliiies. The plincipal installments
of this Bond coming due after Julv 15. 2U 17, and the definitive Bonds for which this Bond may be
...- ." ..
exchanged that mature after July] 5,2017, are subject to prepay111ent or redemption at t.he option of
the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2017,
i.# J(il : I 2c)-], 0 7 78:!6-0(Jf.lS~-(l].:
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upon pa)~nent of the prcpaymeIlt or redemption prices (expressed as percentages of principal
installments to be prepaid or the prineipal amount of the Bonds to bc redeemed) set forth below
plus accmed interest to the date set for prepayment or redemption:
nate~
Pri ces
July 15, 2017 through July 14,2018
July 15, 2018 through July 14, 2019
July J 5,2019 ilnd thereafter
I 01 '.~"ó
100\·'~·ó
JOO%
Provided, howe\·". that the Bonds shall not he subject to prepayment or redemption plior to
their stakd maturities as described above without thc plior wlitten cunsent of the registered owner
ofthc Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to
the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days
before the date fixed for prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
ofVir¡,rinia to happen, exist or be pellüllned precedcnt to and ill the issuanee of this Bond havc hap-
pened, exist and have been perfÖmled in due time, fOI1Il and maImer as so required, and this Bond,
together with all other indebtedness of the City, is wiù1in every debt and other limit presclibed by
the Constitution and laws of the Commonwealth of Virginia.
IN W1TNESS WHEREO}', the City Council ùfthe City of Roanoke, Virglllia has caused
this Bond to he 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 attestell by the signatuæ of its Clerk or any of its
Deputy Clerks. and this Bond to be dated _.
,2007.
CITY OF ROANOKE,
VTRGJSIA
'1/;01: ;:6-1. 077826-00058-01:
.-\-4
(SL\L)
ATTEST:
Clerk. City of Roanoke, Virginia
:'Þ.-I 01 : I ~6-1. 0T78.!6-0C05f·O ¡ }
/\.-5
Mayor. City of Roanoke, Virginia
ASSIGNl\JE:'JT
FOR VALUE RECEIVED, the un(lcrsigncd sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRlTE N/I.~\1E AND ADDRESS, r~CU.;DL'JG ZIP CODE, OF
ASSIGNEE)
PLEASE ¡"SERT SOCL\L SECURITY OR OTHER
TDENnFYI~G NU\ŒER OF ASSIGNEE:
the within BOlln and irrevocably constitutes and appoints
__... _. ....___ attomey to exchange said Bond for
detinitive bonds in lieu of which this Bond is issued and to register the transkr of such definitive
bonds on thc books kept f,'r registration thereof with full power of substitution in the premiscs.
Date:
Registered Owner
(i\OTICE: The signature above
must correspond with the name
oftbe Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
Signamre Guaranteed:
(?-JOTICE: Siguaturc(s) must he
guaranteed by an "eIih>iblc guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in ST/I..:\1P or such other "signamre
&'lIarantee program" as may be dctclmined by
the Bond Registrar in addiiion to, or ill substinJtion for,
STA.J\1P, all ill accordance with the Securities Exchange
Act pf 1934, as amcndcd.
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BOè\n DEBT SERVICE
Virgilìia ?nbHc ScuC"d A.Uihot"ity
C9ì P.es.)lutj(lJl) Se':'le!> ]CO/A
R.oalloke City
P~:.nc!pùl
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175.000
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¡75,OOO
175,OCO
1 75,u(}O
175,OoJ(1
175000
Jnt:::fe.c,.("
119.l!.J .00
S9.37: 50
S-t915.00
34,915.00
SO}:::) .00
80.32.5.00
75.361.50
; 5,.S6.?50
"71 A.OO. ':11)
71,~OO 00
66.93 7 .~O
55.9.37.)0
61.4- 75 Or)
52"'+75.00
5.s,Ü12.S0
5S.G C.50
)3.5')rJGO
5355G.00
·~9,037 .5lj
,)9,087.50
·t.~.ó25.'JO
-1-..!.615.00
~O.: 62.50
,)0, t 62.50
35.700.00
35.'700.00
31.237.50
31.237.50
26.,?75.00
:26;;:) 01)
2:2,312.50
?2.311.5ù
1 .ï.S5G 0')
17,850.00
1.3}8t.50
13.387.50
8.925.00
8,925.00
;A·6.~.:'()
"';'.';'62.5(;
Debt Se:1vic.e
11SU'(l.OO
~643 7"7.50
84.9L5.00
264,915.00
S0,325.00
1:'55.325.00
!"5,S62.50
]':;O.~6] 50
il,4ÜO.OÜ
246AO·}.00
65.937.50
]·H,9.if.50
62,4,5ûi)
:3 fA 75.GÜ
5S,0 12.50
233.011.50
53.550".00
12.&550.00
"+9,0$7.50
:24.08ï.SO
44,é?S 00
219.625.0(1
,)û,162.50
215.162..50
3),700.00
~1().700.0Ü
3! 237.50
106.237.50
16,775.00
201,775..00
22,312..50
19731250
1'.850.00
192,8)0.00
13,387.50
1 S8.387.50
8.915.'}0
19~:92:S.00
·l~62.50
j -;:9.:f.62 50
.\nrmal
Debt SE'n'ice
383.547.50
-'~<;.S30.00
335.650.00
326,725.':>Ü
317.S00.C·r)
3Ü8,S'i5.0Q
~99.9S0.00
291.0.~5.01}
~&2.1 CIO.OO
~73,1 "75.00
26~.250.CJr)
2~:ï)15.GO
':-:46:4QO.GO
13f,4ï5.00
i'~ 8,550.0-0
219,62500
210.700.00
20i,775.00
191,S5,'1.·:'O
1 S3.9 2 5 .00
3.)05.000
, .90~552.50
5,.W9, )2.50
~,~09.j~'2.~O
A-7
SCHEDULE]
EXHIBIT B
The proeeeds of thc Bonds will be used to finance the cOl:stl1letion of certain eapital
improvements and the aequisition and installation of certain capital cquipment for Pat¡ic.k Tlemy
High Sehool.
/\-8
VIRGI~L\ 1'l!HLlC SCIIOOL AliTIIOIHTY
RO~)) SAU: AGRF:EME~T
:-J~mle ofJurisdidion (¡he "Local Unit"): City of Roanoke. Virginia
Sale Date: The VPSA Sale Dale (expected to he on or about April II. 20(7)
Closing Date: On or about May 10. 2007
Proceeds Requested: ~3.502.-129
\laxilllulll Authorized Par Amount: $3.6S0.000
Amortization Period: 20 years
*********************************************************************************
I. The Virginia Public School Authority ("VPSA") hereby otTers to purchase. soldy ¡rom the
pwceeds of the VI'SA"s Series 2007 A l30nds ("VPS¡\"s Bonds'"). your general obligation
school bonds at a pricc. detel1nined by ¡he VPSA to he '¿lir and accepted hy you. that. subject
to VPSA's purchase price ohjeclil'c and market conditions describcd below. is suhstantially
equal to your Proceeds Requested Sd ¡(mh above (as authorized by your bond rl'solution). The
sale of VPSA's bonds is tentatively scheduled for April 11,2007 but may l)ceur. subject to
market conditions. at any time betwccn April 4. 2007 and April 1<), 2007 (the "VPSA Sale
Date') You acknowledge that VPSA has advised you that its objective is to pay you a
purchase price ¡,'r your bonds which in VPSA's judgmcnt rellects their market value
("pure/illsI' price ohjcc/iw':J taking into consideration such ¡ùctors as the amortization
schedule vou have req' uestcd (Ir vour bonds relative to tbe .unortization schedules requested bv
-. -
the lllher k)calities J(lr their rl'spective bonds. the purchase price received by VPSA tor its
bonds .md lIther markct conditions rdating to the sale of the VI'SA's bonds. You further
acknowledge that VPSA has advised you that such ¡ùctors Illay result in your bonds having a
valuc other than par and (hat in order to receive an amount of proceeds that is substantially
equal to your Procee'ds Requested. you may need to issue a par amount of bonds Ihat is greater
or less than your Proceeds Requested, You, at the request of VPSA. agree to issue ~Ul amount
of the ¡ocal school honds not in excess of the \1aximulll Authorized Par AmOLUIl to provide'. to
, the fullest exkIlt practicable given VPSA's purchase price on;ectire. a purchase price t(,r your
bonds and a proceeds anlOlInt that is substantially equal to your Proceeds Requested. You
acknowledge that the purchase price Illr your bonds will be less th.m the Proceeds Requested
should the Maximum AuÙtorized Par Amount he insutììeient, based upon VPSA's purchase
price ohjet'/il'e, to generatc an lUnL)unt of proceeds subsl,mtially equal to your Proceeds
Requested,
J
You represent Ihal on or bcl(lre l\,larch 27, 2007. your local governing hody will have duly
authorized the issuance of your bonds by adopting a resolution in the t(mn attached hereto as
Appcndix R (thc "local resolution") and that your bonds will be in the lillln set I()rth in the
local resolution. Any ch¡Ulges that you or your counsel wish to make to the t()rm of Ihe local
resolution lUtd/or your bonds must be approved by VPSt\ pril)r to adoption l)l' the local
~
;#10111.25-1. ( 77X2h.O()(I.'i~.nl:
resolUlion by your local gowrning body.
3. You hereby covcnant that you \\ill comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form allached hcrclo as Appendix E, which
agreement is hereby ineorpllralcd by rclerenec herein and expressly made a part hereof t(X all
purposcs. VpSA has defined a Material Obligated Person ("Mal''") Illr purposes of the
Continuing Disclosurc Agrccmcnt as any Local Issuer the principal amount of whose local
school bonds pledged undcr VPSA's 1997 Resolution compriscs morc than 10~'ó of thc total
principal amount of all outstanding 1997 Resc'lution bonds. Mal' status will be determined by
adding the principal amount of your local sclwol bonds to be sold to the VpSA and the
principal anwunt of your local bonds previllusly sold to the VpSA and currently pkllgcd undcr
VpSA's 1997 Resolution and mcasuring the total against 10% of the tàcc valuc of all bonds
outstanding as of the Closing Datc under VpSA's I c)97 Resolution. If you arc or may bc a
MOP. VpSA will require that you file all the information described in the following paragraph
prior to VI'SA's distributing its Preliminary Otlieial Statement. currently scheduled tor April 3,
2007.
Y lHI ackllll\vledge that if you are. or in the sole judgment of VpSA may be, a \101' ¡()lIowing
the issuance of your local school bonds that arc the subject of this Bond Sale Agreement,
VpSA will include by speeitic reference in its Preliminary Official Statements and linal
Otììeial Statements (t()r this sale :U1d. if you remain a Mal' or become a MOP again alìcr
ceasing to be a r\'10p, I()r applicable tùture sales) the inll)mKltion respecting you ("Your
Inl()rmation") that is on tile with the Nationally Recognized \lunieipal Securities Intllrrnation
Repositories or their respeetive successors ("NRl\lS1Rs") :md the \1unieipal Securities
Rulemaking Board or its successors ("\1SRB"). Accordingly, if VI'SA h:ls delernlÎned that
you are at any time a MOP (I) 1()lIowing the delivery oj" your local school honds to VpSA in
connection with this sale. or (II) during the course of any future sale, whether or not you arc a
participant in such salc, you hereby represent and covenant to VpSA that you will filc such
additional inlimnation. if any, a' is required so that Your Information, as of each of tl)(A) the
date of VpSA's applicable Preliminary Otlieial Statement (in thc casc of this salc, cxpeeted to
be April 3. 20(7). (B) the date ofthc vpS^,s applicable linal Ol1icial Statcment (in thl' case of
this sale. cxpected to be April II. 2007) and (C) thc date of delivery of VPS^,s Bonds (in the
case of this sak. expected to be May 10,2007) :md (II) such other dates associated with lùture
sales as VI'S¡\ may speeily to you. will bc truc and correct and will not contain ,my untme
statement of a material fact or omit to state a material tilet which should be included in Your
Inli,rmation I(,r the purpose lix which it is includcd by speeitic refercncc in VPSA's otlicial
statemcnt or which is necessary to make the statements containcd in such inlilrmation. in light
of thc circumstances undcr which they werc made, not misleading. You further auree to
. --
furnish to VpSA a copy of all tilings you make with f\RMSIRs ¡md Ihe MSRB subsequent to
the date oflhis Agreement. Such copy will be tì1l11ished to VpSA on or bctore the day thaI :my
such liling is made.
VpSA will advise you within (,0 days alter the end of each fiscal ycar if you were a \10[> as of
the cnd oCsuch fi~cal year. Upon writlc:n requcst. VpSA will also advise you of your status as
a MOP as of any other date. You hereby covenanl that you will provide thc certificate
described in clause (e) of Section -I below if VI'SA includes Your Inl(,rmation by specilic
retèrenœ in its disclosure documents in connection with this sale or any funlre sale. whether or
:;:10] I ] 2.'\-1. tl7ìR2(i·(loO.'if<.( :
FcÞruary 16. 2007
not you arc a participant in such sale.
-I. VPSi\'s commitment to purchase your bonds is contingent up0n (I) VPSA's reccipt on the
Closing Date of (a) your bonds which shall include and oÙlerwise meet the Standard Terms
and Conditions contained in Appendix ,\ hereto. (b) a ccrtified copy of the local resolution (see
Appendix B attached hercto). (el an exeeuted agrcmlcnt, among VPSA, you and the other
local units simultaneously selling their bonds to VPSA. the depository and the investment
manager 1<:lr the State I\on-Arbitragc Program ("S:--¡AP"l. providing tor the custody, investment
and disbursemcnt of the proeecds of your bonds and the other general obligation school bonds,
and thc payment by you and the other local units of the allocable, assoeiatcd wsts of
wmplj¡mce with the Intemal Revenue Code of 1986, as mnended. and any costs incurred in
connection with your p:mieipation in SNAP (the "Proceeds Agreement"). (d) an exeeutcd copy
of the Use of Proceeds Certitieate in the ttmn attached hereto as Appendix C, (e) if VPSA has
included by spccifie rclèrencc Your Information into VPSA's Preliminary and tinal Ollieial
Statement: your eertilicate dated the date of the delivery of VPSA's Bonds to the elfeet that (i)
Your Intormation was as of the date ofVPSA's Prcliminary and tinal Ot1icial Statements. and
is as of the date of the ccrtiticate. true and correct and did not :md docs not contain ¡m untmc
statement of a material fact or omit to state a material tact which should be included in Your
Inltmnation It)r the purpose Il)r which it is included by spccitic relèrence in or which is
necessary to make thc statcmcnts contained in such intormation. in light of the circumstances
undcr which they were made. not misleading. and (ii.) you havc complied with your
undertakings regarding the amendmcnts adopted on November 10.1994 to Rule 15c2-12 under
thc Securities Exchange Act of 1934, as amcnded. (I) an approving legal opinion Irom your
bllJ1d counsel in Illrm satistaetory to VPSA as to the validity llf the bonds and the exclusion
from gross income tor tèdcral and Virginia income ta.x purposes of the interest on your bonds,
the wnltmnity of the temlS mld provisions of your honds to the requirements ofthis Bond Sale
Agrccment including the appendices attached hereto, and the due authorinllion, execution and
delivery of this Bond Sale Agrccment, Continuing Disclosure Agreement :md the Proceeds
Agreement, and the validity of the Continuing Disclosure ,\greement and the Proceeds
Agreement. (g) a tnUlseript of the other customary closing documents not listed above. and (h)
the proceeds ofVI'SA's bonds. <II) if you will be using the proceeds of your bonds to retire a
bond anticipation note. certiticate of participation or other Il)rm of interim linam:ing (the
"Interim Security"), receipt by VI'SA of (a) an opinion of your blllld counsel thaI. as of the
Closing Date. the Interim Security will havc been paid in full or dc/cased according to the
provisions of the instrument authorizing the Interim Security (in rendering such opinion
bond counsel may rely on a letter or certiticate of an accounting or tinaneial prolcssional as
to any mathematical eompuiations necessary lor the basis Il)r such opinioll) and (b) an
executed copy of the escrow deposit agrccml'ntllcttcr of instruction providing tor the
retirement of the Interim Sl'writy :Uld (ill) your compliance with the terms of this agrccment.
One complete original transcript of the c!oeUI11l,nts listcd aoove shall be provided by your
counsel to Sidley Austin L1.P. bond counse!tll VPSA, on the Closing Date or, with VI'SA's
permission. as soon as practicable therealìer but in no e\"Cnt more than thirty (30) busincss days
alìer the Closing Date.
5. Subject to the conditions described in Section -I hereto. this Bond Sale Agreement shall
become binding as of the later l,f the VPSA Sale Date and the date you execute this Kond Sale
Agreement.
:,i I Ii 111.~~-I. 07ì8::!b-!If.l(1:i8-0 I :
h:hnmry t 6. ~uo7
Dated as of March 27. 2007.
Virginia Public Sehoul Authority
City of Roanoke. Virginia
By:
Authorized VPSA Representative
By:
Darlene L. Bureham
Citv Manar:er
::f 10 111.:!:'i-1. o77X26-UO(l:,X-() 11
F~brutu)· If). :2(}(l7
(For infOlmation unly: not pm1 of the Bond Sale Agrecmcnt.)
Please have the presiding oftìccr. or other speeilically designated al!ent. of your govcrning body
execute two (2) copies of this Blllld Sale AgrœmCllt and return them, along with the tax
questionnaire attached hereto as Appendix 0, no later than close of business on March 27,2007
to, Richard A. Davis, Public Jo'inance Manager, Virginia Public School Authority, I'. O. Box
1879, Richmond, Viq~inia 23218-1879 or b}' hand or courier service, .James Monroe Building-
3rd Floor, 101 ~. I-Ith Street, Richmond, Virginia 23219. The VPS:4 recommends the IIse of an
overnight delil'ef")' sen'ice to ensure time{~' arril'Ol l?f your documents. If your governing body or
blllld wunsel requires more than one originally signcd Bond Sale Agreement, please send the
appropriate number: all hut one will he retumed at closing.
[#1(111125-]. /i7iS2(1-()(HI5S-011
Ft'hru~ry 16. :!(I07
APPENDIX A
to the Bond Sale A!:reement
STANI>ARD TERMS A:'-iD CONDITIONS
Dcscribcd hclow arc tenns of the local school bonds which must be Lmbodied in your bond resolution
and bond form and other conditions which must be mct in ordcr for VPSA to purchase your local
school bonds on the Closing Date. VPSA will not purchase local school bonds unless and until such
terms arc prcscnt in thc relatcd bond rcsolution ~md bond fonn adoptcd by your governing body ~md
such conditions are mct.
Intcrcst and Princinal PavmenL~
Your honds will bear intercst li'om thc Closing Datel sct forth in the ßond Sale A!,'fCCmLTlt and will
mature on July 15 of the years and in thc amounts as cstablished by VPSA. Your honds will hcar
interest payable in installments duc scmi.mnually on January 15 ~U1d July 15. Thc first intcrest
installmcnt will be payable on J¡muary 15.2008 and the first principal installmcnt will be payable on
July 15.2008. Your bonds will hcar interest at ratcs 10 hasis points (0.10""';,) above thc actual ratcs
on VPSA's bonds with cmresponding principal paylncnt dalL's.
Pavmcnt
For so long as VPSA is the registcrcd owncr of your Ix>nds,
(il ùle paying agent and bond reb~strar therefor shall be a bank or trust eomp~my qualified
to servc as such. and
(ii) all paymcnts of principal. premium. if any. ~md intcrest shall be made in lilll(l~ tbat shall
{j" VPS:· do,'s not purchase rour local school ¡'ond~ VII the Closing /)"te due to your
/;11"1, VPSA will ÙU't'sf. in demand or ol-'l>rnighl inve.'·;lments. the amount (41!s
hOlld procccd\' 10 be llsf!d TO purchase your local school honds. (l."oll cure
your!ailure 10 de/in:'/' your /(1<',,1 sdlOol ¡'(l/uA within the sixtv (60i cia\' period
.fijI/owing the Closillg Dale, VPS:~ wil/ purch<lsl! Yoltr lund school bondl' alld
yuur bo//(lI' will bear interest ji-Oll/ the dall! of delil'er\' and pal'lI/ent VI' other
date satis!àctorv to VI'S..!. You will, hOIl'ewr, be required to pa)' t() VI'SA at
your l1C/Ul1{ clo.'.¡ing an amount l:.'lJual to the posith-'e diflerence, (f any. bet....t..een
the amount of interest thar 1I'0uld hlll'e acc/'lled 011 your local schoo/ bonds
ji'oll/ the Closing Date to y()ur aCllIal closing dale alldthe lesser of the all/ount
oj" illterest ill,'oll/e VPS:, was "ble to earn, durillg such perioej, ji-Oll/ tile
inn.'Slmt'1l1 (?/ ils hOlld proct.'ü/\" pending their lIse /0 purchase J'our hond\' ami
the ar¡'itrage yield Oil VI'S..J '.I' BOlICh
lì:'l)EHT·\VI'S!USSllb~tJ07 A\H.."iA'Fin:II'.APX,\:O( 7:\ dt.c
January ~.1. .~Otl7
be inullediatdy availahle tll VPSA on or hctÖre II :00 1\.\-1. on the applicable interest
or principal payment date, or date fixed tÖr prepayment or redemption, or if su;h date is
not a business day for b:mks in Virginia or lÖr the Commonwealth, then on or betÖre
II :00 A.M. on the business day preceding such scheduled due date. Overdue
payments of principal and. to the extcnt pennitted by law, interest shall bcar intercst at
the applicable intercst ratcs on your bonds.
Prenavmcnt or Rcdemntion
Bonds will be subject to redemption at the option of your governing body, subject to the consent of
VPSA or other registered owner. Your bond resolution shall provide tÖr prepayment or redemption
'LS 1,¡lIows:
The bonds maturing alier July 15,2017 arc subject to optional prepayment or redemption prior
III maturity by dIe issuet, from any available moneys. in whole or in part, on any date on or aller
July 15, 2017, at the IÖllowing ¡repayment or redemption prices on dIe IÖllowing prepayment
or redemption dates, plus acnued interest to the dale ¡¡xed Illr prepa}1nent or redemption:
Dates
Price
July 15,2017 through July 1-1, 201X
July 15, 20 I S through July 1-1, 2019
July 15,2019 and therealler
101%
100~',
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
rc ?;istered owner.
Notice of any such prepa}1l1ent or redemption shall be given to the registered omIer by
n:gistercd mail at least 60, but not more thall 90, days prior to dll; date fixed tÖr prepayment or
redemption.
(i \[)[BT\VPSA'.!SSl.IE,20l)7 A'·B.sA\Fina1\:\PXA21I(l71\.d~l¡':
J;muary 2·1. 20(J7
,
Security
Your bonds must constitute valid and binding genenù obligations for the payml'l1t of which the full
I¡¡ith and credit of the local unit arc inevocably pledged, and all taxable property within the
boundaries of the local unit must be subject to the levy of an ad valorem lax, over and above all
other taxes :md without limitation a; to rate or amOlml, for the payment of the principal 01: and
premiulll, if ,my, and interest on the bonds to the extent other funds of the local unit ,rrc not lawfully
availahle and appropriated tÖr such putpose.
Tax l'vlaners
You shall complete the Questionnaire altached 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 :\-larch 27, 2007 to Richard A. Davis, Public Finance "bnager,
Virginia Public School Authority, either at P.O. Box 1879, Richmond. Virginia 23218-1879
or if dclivcrcd by hand to the .James Monroe Building- 3rd Floor, 101 :'II. 14th Street,
Richmond, Virginia 23219. You shall exewte thc Use of Procc'c'(!s CL-nitieate in the ti:lllll
provided in Appendix C attached to the Bond Sale Agreement tÖr reec'ipt by the VPSA at least
three business days prior to thc Closing DaIL..'
No Composik Issue
Y l'U will covenant not to sell. without VPSA's eonsc'nt, ,lilY gl'l1cral obligation bonds which arc part
of the sallle common plan (X tinaneing (:md payable from the srunc source of ti.mds) as your local
sehool bonds. during thc period beginning 15 (bys in adv,lIlcc of and ending 15 days aner the VPSA
Sale Date. ,\s noted in the Bond Sale Agreement, thc VPSA Sale Date is expected to be on or
about April II, 2007 but, subject to market conditions, may occur ,lilY time hctween April 4, 2007
.md April 19, 2007.
Binding Coml1libncnt
Subject to ¡he satistaction of ¡he conditious in Section 4 of the Bond Sale Agreement, the Bond Sale
Agreement shall constitute a binding commiblleI1l of thc Local Issuer to sell its Local School !londs
to VPSA as of the later of the VPSA Sale Date allllthe date the [.oeal Issuer exeeutes the Rond
Sale Agreement.
2
VPSA reqllires that Ihe UI'C oj"Proccedl' Cerlijìcate he exe('lIIed separalelyfrom Ihe lax
Ct'rf!{ìcatl's prcpmwl by YOllr /Jol1d cOlll1sel. YOllr bond collnsel m(~1' al\"O prepare one or
more fur l.:i'r/~li('ales that contain some Ù~f()rmaljoll.lòllnd in/he Use (?lPro('('ed~'
CertUÌl'ate in LldtiitioNto ¡'~/h"'"( li(J/1 such as your rcasul1ahle expectations as /0 meeting
llzt.' r('(juiremcllls to any (!(the rchalt.: exceptiolls.
(i"".PE IT '\'PSI\ '.JSSlT,.~nU7 ,\ '.HoS,\ \¡:H1<l;·.'\PXA~(Jf)71\ t:\>r
Janu,uy :!.1. 2007
3
Relluest and Consent of Count V Sehool Board'
Before the gowming hody of a County adopts the bond resolntion. the County School Roard must
first request. by resolution. the governing body to take such action. The COWlty Sehool Board nllL~1
also consent to the issuance of bonds by the County. (See lìmn of resolution in Appendix E
attachcd hereto.)
Public lIearing and Notice
Relore the tinal authoriYl¡tion 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 b011(b has been
appro\"ed 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 tor 2 successive weeks
(notices at lea<;t 7 days apart) in a newspaper published or having general eireulation in your locality.
"nle public hearing may not be held less th,m 6 nor more than 21 days after the date the second
notice appears in the newspaper.
Deliverv
VPS¡\ will aceept delivery of your bonds onlv in the fonn of a single, typewritten. temporary bond.
in registered I¡)nn. payable to VPSA. The lìlrm of the bond is included a<; Exhibit !\ to the resolution
in /\ppt'ndix H to the BOIlll Sale Agreement. On 20 days written notice from VI'S^, you agree to
deliver, m your (,xI)(:ns~~ in l.:XCh~U1ge for thl: typl.:writt~n honù, on one or more occasiuns, one or
more temporary bonds or definitive bontLs in marketable limn ,md. in any ease. in tìllly registered
IÌlrm. in denominations of 55,000 ,md whole multiples thereof. ,md having the smne aggregate
prineipal amoulll emd aecruiug interest at the same rates as the bomb surrendered in exeh¡mge, as
requested by VPSA.
Comprehensive Annual Finaneial Report
Annually lìlr the lire or your bonds. you will he r('<Juired to submit a copy or your locality's
Comprehensive Annual Financial Report ("CAFR".1 or ¡mnual auditè<1 lirumeial statements to the
rating agencies referenced below:
\1oody's Investors Service. rne.
I'ulllic Finance Department
Attention: Robert Kurtkr
l)l) Church Street
¡";elV York. ¡";ew York 10007
Fitch Ratings
Uüvc.;mmcntal Finance
Attention: Richard 1. Raphael
One State Street Plaza
New York, New York 1000-1
Not al'plicahle 10 cilies and IO\l."s. (Sectian /5.::-2640. Code of Virginia)
(j'DEf·n \\'PSA'.lSSU:"\2(l(l7 /d3.SA\~1Il..1l'.·\rXt\2t1{ ?!\ dl'l"
J:m\l;uy 24. ~Ot17
'I
APPENDIX B
to the Bond Sale Agreement
Resolution \/0.
RESOLUTION AUTHORIZING THE ISSUANCE Of' NOT TO EXCEED
$3,680,000 GEI'ìERAL OBLlGATIO:'ol SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2007-A,
TO B.: SOLD TO THE VIRGII'ìIA PUBLIC SCHOOL AUTHORITY
Arm PROVIDING FOR THE 10'0&'\'1 AND DETAILS THEREOF.
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the
'.'City"), has detemIined that it is necessary mI(l expedient to borrow an amount not to exceed
53.680,000 and to issue its general obligation school bonds for the purpose of financing certain
capital projects lor school purposes; and
WIIF.RE,\.S, the City held a public hearing, duly noticed, on November 20, 2006, on the
issuance of the Bonds (as dcfined· below) in acc.ordmlc.c with the requirements of Section
15.2-2606, Code orVirginia 1950, as amendcd (the "Virginia Code"); and
. WHEREAS, thc School Board or the City has; by resolution, rcqucstcd the Council to
authorize the issuancc of the Bonds (as hereinaflerdefined); and
WHEREAS, the Bond Sale Agreement (as defined below) shall indicatc that $3,502,429 is
the amount of proceeds rcquested (the "Proceeds Requested") from the Virginia Public School
Authority (the "VPSA") in connection with the sale of the Bonds; and
WHEREAS, VPSA's objective is to pay the City a purchase pricc for the Bonds which, in
VI'SA'sjudgment, reflects thè' Bonds' markd value (the "VPSA Purchase I'Iice Objective"), taking
consideration of such factors as the amortization schedule the City h[L'i requested for the Bonds
relative to the amortization schedules requested by other localities, the purchase price to be received
by VPSA ror its bonds and other market conditions relating to the sale of the VPSA's bonds; and
WHEREAS, such factors may result in the Bonds having a purchase price other than par
and consequently (i) the City may have to issue a principal amount of Bonds that is greater than or
less than the Proceeds Ret¡ueslCd in onkr to receive an amount of proceeds thm is substantially
equal to the Proceeds Rè'què'sted, or (iil if the maximum authorized pIineipal anlOunt of the Bonds
set forth in section I helow docs not exceed the Proceeds Requested by at least the amount or any
discount, the purchase price to be paid to the City, given the VPSA Purchase PIice Objective and
market conditions, will be less than the Proceeds Requestl,d.
l;:!(llll11>-1, 07ì:-i2h-(IC !J:':-<·ui:
B-1
NOW, THEREFORE. BE IT R~:SOLVED BY TH~: CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGI;'I/IA:
I Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is
advisable to contract a debt ¡md issue amI sell its general obligation school bonds in an aggregate
principal amount not to exceed $3,680,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes as described in Exhibit B. The Council hereby authorizcs the
issuance and sale of thc Bonds in the form and upon thc terms established pursuant to this
Resolution.
2 Sale of the Bonds. It is dctermined to be in the best interest of the City to accept the
offer of VPSA to purchase from the City, and to sell to VPSA, the Bonds at a price, determined
by \IPSA to be fair and accepted by the Mayor and the City Manager, or either of them that is
substantially equal to the Proc.ceds Requested. except that the Bonds lTlay be sold for a purchasc
price not lower than 95~,,';' of the Proceeds Requested if issuing the Bonds in the maximum
prineipal amount autborized by Section 1 of this Resolution is insufficient, given the \IPSA
Purchase PriLC Objective and market conditions. to gcnerate an amount of proceeds substantially
equal 10 the Proceeds Requested. The Mayor, thc City Manager. or either of them and SUGh other
ortieer or officers of thc City as either may designate arc hereby authorized and directed to enter
into a Bond Sale Agreement dated the sale date of VPSA 's bonds, with VPSA providing for the
sale of the Bonds to VPSi\. The agreement shall be in substantially the fonn submitted to the
.. Council at .this meeting, which 101111 is hereby approved (the "Bond Sale Agreement").
3 Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the
Bonds; shall be designated "General Obligation School Bonds, Series 2007-A"; shall bear interest
Ii-om the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning
January 15, 20(J~ (each an "Interest PaY111ent Date"), at the rates established in accordance with
Section 4 of this Resolution; and shallmalure on July 15 in the years (each a "Principal Payment
Date") ami in the amounts set forth on Schedule ¡ attach cd hereto (thc "Principal Installments"),
subject to the provisions of Section 4 of this Resolution.
-I Interest Rates and Principal Installments. The City Manager is hereby authorized and
directed to accept the interest rates on the Bonds established by V PSA, provided that each interest
rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA
for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA
Bonds"), a portion of the proceeds of whic.h will be used to purchase the Bonds, and provided
further that the true interest cost of the Bonds docs not exceed live and tifly one-hundredths perc.ent
(5.5U%) per annum. The Interest Payment Dates and the Princ.ipal Installments arc subject to
change at the request of VPSA. The City Manager is hereby authorized and directed to aec.ept
changes in the Interest Payment Dates and the Principal Installments at the request of VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized
1i1\fH! l~(! \, ()77,s:!/j-ù¡"lû58-011
I
I
,
I
I,
~
B-2
by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the
Principal Installments rcquested by 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
typewrillen bond substantially in the ¡Örm attaehcd hereto as Exhibit A.
(, Payment; Paving Agent and Bond Registrar. The following provisions shall apply to
the Bonds:
(a) For as long as 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 VPSA
at, or be!ìxe 11 :00 a.l11. on the applieahle Interest Payment Date, Principal Payment Date or date
fixed for prepayment or rcdemption, or if such date is not a husincss day IÖr Virginia hanks or for
the Commonwealth of Virginia, then at or he lore II :00 a.m. on the husiness day next preceding
such Intercst Payment Date, Principal Payment Date or date fixed fÖr prepayment or redemption.
(h) All overdue payments of principal and, to the extent permilled by law. interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
lor thc Bonds.
7 Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA
coming due on or before July 15, 2017, amI the ddinitive Bonds for which the Bonds hcld by
VPSA may be exchanged that mature on or before July IS, 2017, arc not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA
coming due atler July 15, 2017, and the definitive bonds tÖr which the Bonds held by VPSA may
he exchanged that mature after July 15,2017, arc subject to prepayment or redemption at (he option
of the City prior to their staled maturities in whole or in part, on omy date on or aner July 15, 2017,
upon payment of the prepayment or redemption prices (expressed as percentages of Principal
Installments to he prepaid or the principal amount of the Bonds to 'he redeemed) set forth below
plus accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15, 2017 through July 14,2018
July 15, 201~ through July 14, 2019
July 15,2019 and lhen:after
101%
100~~%
100%
Provided, howevcr, that the Bonds shall not be subject to prepayment or redemption prior
~;=!ill] I:!h-l. Clr~.!(I.cH.}(i.iX-nll
B-3
to their stated maturities 'L~ described above without first obtaining the written consent of VPSA or
the regislered owner of the Bonds. Notice of any such prepa.l'mcnt or redemption shall he given by
the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less
th.m sixty ((iO) days before the date fixed for prepayment or redemption.
8 ~:xecution of the Bonds. The \.1ayor or Vicc Mayor and the Clerk or any Deputy Clerk
of the City arc authorized and directed to execute and deliver the Bonds and to affix the seal of the
City thereto.
<) Ph'dl!c of Full Faith and Credit. I'or the prompt payment of the principal of, premium,
if any, and the intcrest on the Bonds 'L<; the san1e shall become due, the full faith and credit of the
City arc hereby irrevocably pledged, and in each year while any of the Bonds shall he outstanding
there shall be levied and collected in aceonlance 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, <lIll! the interest on the Bonds as such principal, prcmium, if any,
and interest shall become due, which tax shall bc without limitation as to rate or amount and in
addition to all other taxes authorizcd to he levied in thc City to the cxtent other funds of thc City arc
notlawliilly available and appwpriated for such purpose.
] Ù Use of I'roceeds Certificatc and Certificate as to Arbitral!e. The Mayor, thc City
Manager and such othcr officer or offit'Crs of the City as either may designate arc hereby authorized
and directed to exccute a Certi tÌcale as to Arbitrage and a Use of Proceeds Certi licate each setting
forth the expected use and investment of till' 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"), .md applicable regulations relating to the exelnsion Irom gross
income of interest on the Bonds and on the VPSA Bonds. The Conncil COVen<ll1ts on behalf of the
City that (i) thc proceeds from the issuance and sale of the Bonds will he invested and expended as
set forth in such Certificatc as to Arbitrage and such Use ofProcccds Certificate and that the City
shall comply with the othcr covenants and representations containcd therein and (ii) the City shall
comply with the provisil>ns of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable 1rom gross income lor Federal income tax purposes.
. II State Non-Arbitral!e Prol!ram; Proceeds Al!reement. The Council hereby
determines that it is in thc bcst interests of the City to authorize lmd direct the City Treasurerto
participate in the State 01on-Arhitrage Progran1 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
dirccted to execute and deliver a 'Proceeds Agreement with respect to the dcposit <lIld investment of
procceds of the ßonds by <lIld .u110ng the City, the other partieip.mts in the sale ofthc VPSA Bonds,
VPSA, the investmçnt manager and the depository, substantially in the f()rm submitted to the
Council at this meeting, which fom1 is hereby approvcd.
12 Continuinl! Disclosure Al!reemt'nt. The Mayor, the City \1anager and such other
{;: ¡(ll ] 1 ~"-:. l.l77R~t;-(I(I():'~-O I \
B-4
officcr or officers of the City as either lIlay designate arc hereby authorized and direeted 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 tiled by the City .md containing such covenants as may be
necessary in order to show compliance with the provisions of the Seeurities and Exchange
Commission Rule l5e2-12, under the Securities Exchange Act of 1934, as amended, and directed
to make all filings required by Section 3 of the Bond Sale Agreement should the City be
detem1ined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
13 FiJin!! of Resolution. The appropriate officers or agents of the City arc 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 .md agents
of the City arc hereby authorized to take such action as they or anyone of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and ;LIlY such action
previously taken is herehy ratified and eonlinned.
15 Effective Date. This Resolution shall take effect immediately.
* * *
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing
eonstitutes a true and correct extract lrom the minutes ofa meeting of the Board of Supervisors held
on March ,2007. and of the whole thereof so far as applicable to the matters referred to in such
extract. I hereby fitrther certify that such meeting was a regularly scheduled meeting .md that,
during the consideration of the foregoing resolution, a quorum was present and that the attendance
and voting ofthe members in attendance on the foregoing resolution were as tallows:
Present Absent Aye Nay Abstain
C. :--¡e1son llarris, Mayor ..--- --.
David B. Trinkle. Vice Mayor -~.._. -..---.-
Alfred T. Dowe, Jr. -._---
Beverly T. Fitzpatrick, Jr. .-.-- ---
Shennan P. Lea ---.-
-..- --- --
Gwendolyn W. Mason -- --
Brian J. WishnelT
---- -- ....
WITNESS ¡"'IV HAI\ ) and the seal of the City of Roanoke, Virginia, this __ day of
: /I] 0 11\ ~(¡-1, n77:-Cll-( OO;'\:-)-U II
B-5
March. 2007.
Clerk. City of Roanoke, Virginia
¡SEAL]
:~.q{J] I :.~ll-l. Uïìö2o-0UO.:'il:l-UI ~
8-6
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-I
$
L:NITED STATES 01<' AMERICA
COMMONWEAL TII OF VIRGINIA
CITY OF ROANOKE
(;eneral Obligation School Bond
Series 2007-A
The CITY OF ROA~OKE, VIRGINIA (the "("ity"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCIIOOL
AIJTIIORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set lortb on Schedule I attached hereto payable on July 15, 200g and
annually on July 15 thereafter to ¡md including July 15,20_ (each a "Principal Payment Date"),
together with interest ¡rom the datè of this Bond on the unpaid installments, payable semi-¡mnually
on January 15 and July 15 of each year, commencing on January 15,2008 (each an "Interest
Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per
annum set tonh on Schedule I attached hereto, subject to prepayment or redemption as hereinafter
provided. Both principal of and interest on this Bond arc payable in lawful money of the United
States 0 f America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
~t;l 0 ~ 1126-1. U77fCt,-ùOü.'iX .I} I :
A-I
Regions Bank, as bond registrar (tbe "Bond Registrar"), shall make all payments of principal,
premium, if any, and interest on this Bond, without the presentation or surrender hereof. to the
Virginia Public School Authority, in immediately available funds at or before II :00 a.m. on the
applicable Payment Date or date lixed lor prepayment or redemption. If a Payment Date or date
tìxed for prepayment or redemption is not a business day l()r banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premiwn, if any, or
interest on this Bond shall b.: made in immediately available funds at or b.:fore II :00 a.m. on the
business day n.:xt preceding tbe scheduled Payment DalC or date tìxed for prepayment or
redemption. Lpon receipt by the registered owner of this Bond of said payments of principal,
prcmium, if any, and intere.st. writtcn acknowledgment of the receipt thereof shall be given
promptly to the Bond Rcgistrar. 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 sball be surrendered to the
Bond Registrar for canc.cllation.
The full faith and credit of the City are·irrcvocably pledg.:d tor the payment of the principal
of and the prl'lllium, if any, and intercst on this Bond. The resolution adopted hy 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 he levied and c.olleeted an annualt,Lx upon all taxahle property in
the City subject to local taxation sufticient to provid.: 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 tbe City to the
extc'nt other lilllds of the City arc not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
:;1\0]! 1:!6-1. (l77¡':2C,-Ollli5S·lIll
A-2
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991,
Chapter 26, Title 15.2, Code of Virginia 1950, as mncndcd, ,md resolutions duly adopted hy thc
City Council of ¡he City .md the School Board of thc City to provide funds for capital projects for
school purposcs.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the officc of the Bond Registrar on one or more occasions for
one or marc temporary bonds or dclinitive bonds in marketable form and, in any case, in fully
registered IÖnll, in dcnominations of 55,000 and whole multiples thcreof, and having an equal
aggregate principal amount, having principal installmcnts or maturities and bearing interest at ratcs
COtTesponding to the maturities ofandthc interest rates on the installments of principal of this Bond
then unpaid. This Bond is registercd in thc n<lIne of the Virginia Public School Authority on thc
books of [he City kept by the Bond Registrar, and thc transfer of this Bond may be cffectcd by thc
registered owner of this Bond only upon due execution of ml assignment by such registered owner.
Upon receipt of such assignment and the surrender of this Bond, the Bond Rcgistrar shall exchange
this Bond tor dctÌnitivc Bonds as hereinabove provided, such delinitivc Bonds to be registcrcd on
such registration books in thc nm11e of the assignee or assignccs namcd in such assi¡"'11mcnt.
The principal installmcnts of this Bond coming duc on or belore July 15, 2017 and the
dclinitive Bonds for which this Bond may be exchanged that mature on or beforc July 15,2017, are
not subject to prepayment or redemption prior to their stated maturitics. The principal installmcnts
of this Bond comin" due aller July 15,2017. and [he definitivc Bonds IÖr which this Bond mav bc
- -
cxehauged that mature aller July 15, 20] 7, arc subject to prepayment or redemption at the option of
the City prior to their stated maturitics in whole or in part, on any date on or alier July 15,2017,
~:;'11l1112t ].(l77X2h·l)()O¿;~·CllJ
A-3
upon payment of the prepayment or redemption pnces (expressed as perccntages of principal
installments to be prepaid or the principal amount of the Bonds to be redcemed) set forth below
plus acemed interest to the date set for prepayment or redemption:
Dates
Prices
July 15, 2017 through July 14,2018
July 15, 2018 through July 1-1.2019
July 15,2019 and thereafter
101%.
I OO~/iOiÓ
100%
Provide(j, however, that the Bonds shall not be subject to prepayment or redemption prior to
thcir statcd maturities as dcseribed above without the prior written consent of the registered owncr
of the Bonds. l'\otice of any such prepayment or redemption shall be given by the Bond Registrar to
the registered owner by registered mail not more than ninety (90) and notlcss than sixty (60) days
before the date ¡¡xed for prepa)1TIent or redemption.
All acts, conditions and things required by the Constitution :md laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap-
pencd, exist ¡md have been perfonned in due time, form and manner as so re<Juired, and this Bond,
together with all other indebtedness of the City. is within i::Vi::ry di::bt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia.
Il\ WITl\ESS WHEREOF, thi:: 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 allixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated
,2007.
CITY OF ROANOKE,
VIRGINIA
{;/j{n ¡ J2{¡-1, ù}7:-:~{,-(In(l":;~-tll:
A-4
(SEAL)
ATTEST:
Clerk, City of Ro;moke, Virginia
l#lOIII~{I-l. U77~~f)- I(lc):'iX-t)11
Mayor, City of Roanoke, Virginia
A-5
ASSIGNMEYf
FOR Y ALliE RECEfYED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEAsE INSERT SOCl.AI. SECURITY OR OTHER
lDEì\TIFYNG NUMBER OF ASSIGNEE:
the within Bond and irrevneahly constitutes and appoints
._ ..__ a!tomey to exchange said Bond for
definitive honds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the hooks kept for registration thereof, \vith full power of substitution in the premises.
Date:
Signature Guaranteed:
Registered Owner
(NOTICE: The signature ahove
must c.oITespond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular.
without alteration or change.)
(NOTICE: Sigllature(s) must be
guaranteed by ¡m "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 he detennined hy
the Bond Registrar in addition to, or in substitution for.
STAMP, all in accordance with the Sccurities Exchange
Act of 193-1, as amended.
:;:IO[ ~ 12(,-1. \)77S~()-IJOl)¿;:-:-(l1 ~
A-6
Petiod
Ending
BO]\;D DEBT SER\"KE
\ï1"gini.l Public School :\nthotity
('97 Resolution) Sene'" 2007A
Roanoke Citv
Plincipal
Iutet"e:-.t
Anllual
Debt S.,yice
Debt Sen'ice
0715"1007
Ol:15:~OOS
07.15 '2008
01.-15'"009
07/15"1009
01.-15-1010
Oï....15.::~Ol 0
01/15..'1011
07/1"2011
01.:15...201~
O~·:!:. ·~O 1 ~
0115'1013
07.1::'·'2013
01 15'10 1 ~
01:15::2014
OL'i5.:2015
07,'15."1015
0]..'1 ~,'1016
07"1~.-1016
01/15.'201"
Oi...15:~017
011~'10IS
07'15"1018
0115-2019
07151019
0],,152020
07-15"1010
01.'15..1011
07:·1.:':]O~1
Ol....15·'~022
07.:1)·~022
0]"15"1023
0-;·15....2023
0]"'15'101~
07,15.,'201~
01,15.,1015
07·15/2015
01·15/2016
0715,1016
01:15.:~O~Î
07.,15 '2017
119.1 70.00 119.170.00
175,000 893ì7.50 26~.3ìï.jO 383.5~7 50
8~.91 5 .00 8~.915.00
180,000 8H15.00 164.915.00 3~9,830 00
80325.00 80315.00
175.000 80.315 00 ~:').3:!5 00 335.650.00
:5.86~ 50 75.861.50
175.000 75.861.50 250.861.50 3::!6.7:!5 00
71.~00 00 71AOO 00
175.000 71AOO.OO 1~6AOO.00 .11 ".800.00
66.937.50 66.93".50
175.0GÜ 66.93750 141.93750 308.87500
61,47500 61A 75 00
175:ù00 62A7500 ~37A 7500 299,950.00
58.011.50 58.011.50
1'5,000 58.012.50 :!33.012.50 291.015.00
:'3.550.00 53.550.00
175.000 53.550.00 2]&,550.00 281.10000
49.087.50 49.087 50
175.000 49,087 50 214.087 50 273,175.00
4~,625 .00 -14,625.00
. 175.000 -J~.6~5 00 119.61500 26~.150.00
40,162.50 40.161.50
175.000 40-161.50 215.161.50 255.3~5.00
35.70000 35.70000
175.000 35,700.00 110.70000 146.400 00
31.237 50 31.137.50
1 ì),OOO .3 !.~.P.50 206,237.50 237"+ì5.00
~6.775 00 26.775.00
1 ¡ 5,000 16.77500 201.775.00 l~B.5:'O 00
]~.31~_50 ~~31~ 50
175.000 ~2312.50 197.312.50 219.615.00
17.850.00 17.850.00
175,000 17.850.00 191.85000 210.700.00
13387.50 13,387.50
175.000 1.1387.50 188.387 50 201,775.00
8.925.00 8,925.00
175.000 8.915 00 183.925.00 191,85000
~,461.50 ~.~62.50
175,000 ~A61.50 179.'161.50 183.915.00
3.505,000 1,90.t55.:!.50 5.409.552.50 5A09.551 50
.-...¥"" ---- "
A-7
SCIIUJULE I
EXHIBIT B
The proceeds of the Bonds will be used to finance the constmction of certain capital
improvements and the acquisition and installation of certain capital equipment for Patrick Henry
Iligh School.
A-8
API)ENDIX C
to the Bond Sale Agreement
USE OF PROCEEDS CERTlFICA IE FOR l'iEW Mü:'ŒY
The $ __._ General Obligation School Bonds, Series 2007-A (the
"Bonds") issued by the City of Roanoke, Virginia (the "Issuer") will be purchased by the
Virginia Public School Authority ("VPSA") from the proceeds of the VPSA's $. .. .
School Financing Bonds (1997 Resolution), Series 2007 A (the "VPSA's Bonds"), pursuant to a
Bond Sale Agreement dated as of the sale date of the VPS¡\'s Bonds. The proceeds of the Bonds
will be used to finance the costs of acquiring, constructing and equipping public school facilities
owned and/or operakd by the school board for the Issuer (the "School Board') The Issuer and
the Schoof Board each recognize that certain facts, estimates and representations set forth ill 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 certilications of the Issuer and the Schooll3oard,
upon which VPSA and Sidley Austin LLP. its bond counsel ("Bond Counsel") rely, and that the
exclusion from gross income for federal income tax purposes of the intercst on the VPS¡\'s
Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the
Issuer and the Sehool Board hereby covcnalllthat:
Section I. Descrintion of Proiect. The proceeds of the Bonds. including investment
income thereon ("proceeds"). will be used to linance the acquisition, construction. and equipping
of public school facilities of the Issuer (the "Project").
Section 2. Governmelllal Use of Proceeds. The Issuer and the School Board
co\,enant the following with respect to the use of proeecds of the Bonds and the facilities
linanced therewith:
(a) [n General.
(i) Pri\'ate Business Use. No more than ten percent (I O~'Í» of the
proceeds of the Bonds or the Project (based on the greatest of: (A) the cost
allocated on the basis of space occupied, (8) the ¡¡lir market value, or (e) the
actual cost of eonstmetion) has been or. so long as the Bonds arc outstanding, will
be, used in the aggregate for any activities that constitute a "Private Use" (as such
tenn is delined below in subsection (d) of this Seclion 2).
(ii) Private Seeuritv or Payment. ]\;0 more than ten percent (I O'~'Í» 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, (Al secured by any interest in (I) property used IÖr a
Private Use or (II) payments in respect of such property or (8) derived Ii-om
payments in respect of property used or to be used fÖr a Private Use, whether or
not such property is a part of the Project.
(b) !\io Dispronortionate or Unrelated Use. With respect to private business use
disproportionate to or not related to governmental use linanceJ or relinanced with the proceeds
{µ I U II ] ·~9-1, 077R26..0005S-0\ f
C-I
of the Bonds. no more than five percent (5~¡') of the principal of or interest on such Bonds, under
the terms thereof or ,lilY underlying arrangemcnt. has heen, or, so long as the Bonds arc
outstanding, will he, directly or indirectly, (x) secured by any interest in (J) 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 memher of the general public
shall constitute Private lise unless the Issller ohtains an opinion of Bond Counsel to the contrary.
Use of property linaneed or rctinanced 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 availahle and is in fact reasonably available for use on the same basis
hy natural persons nol engaged in a trade or business ("'General Public Use").
Inmost cases Private Use will occur only if a nongovernmental person has a special legal
entitlement to use the financcd 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 lor General Public Use, Private Use may be established solely on the basis of a special
economic benefit to one or more nongovernmental persons. In detennining whether special
economic benefit gives rise to Private Use, it is necessary to consider all of the facts and
circumstances, including one or more of the following factors:
(i) whether the financcd or refinanccd property is functionally related
or physically proximate to property used in the trade or business of a
nongovernlllental person;
(ii) whether only a small number of nongovernmental persons receive
the economic benefit; and
(111) 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 he so leased) hy the
Issuer or the School Board (or a related patty or agent) to a person or entity other than a state or
local govemmentalunit or to members of the general public for General Public Use.
le) Management and Service Contracts. With respect to management and service
contracts. the detennination of whether a particular use constitutes Private Use under this
:~ I 0 11] .. lJ-1. C)77l:l2ó-OO(l:'i~.nll
C-'
Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-1 C. 8.
632, as modified by Revenue Procedure 2001-39, 2001-2 c.B. 38 (collectively, "Revenue
Procedure <)7-13"). 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 docs 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 c.ontraet 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
financ.:d or refinanced property.
Section 3. Time Test and Du.: Dili~enee Test. The Issuer or the School Board have
ineurr.:d or will incur within (; months of the date hereof substantial binding ohligations, which
arc nol 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"ó 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 -I. Dispositions and Chan~e 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 ofth.: VPSA's Bonds (Au.b'llst 1, 20.J.
(h) J\o Chan~e in ese. The ]ssu.:r and the School Board represent, warrant and
covenant that [he Project will be us.:d 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 rœeived 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
estahlished and will not establish any funds or accounts that arc reasonably expected to be used
to pay debt service on the Bonds or that arc 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 G. No Replacement Proceeds.
:#10111"'9-1. 077S:!6-0u05S-01 f
C' ,
--'
(a) In General. ;\10 portion of the procecds of the Bonds will bc used as a
substitutc lor othcr funds that prior to thc Issuer's rcsolving to procced 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 "replacemcnt proceeds". as
of the date hereof, the weighted average maturity of the Bonds docs not exceed 120% of
the reasonably expected economic Ii fe of the Project linaneed thereby.
Section 7. No Refunding. The proceeds of the Bonds will not be used to provide lor the
payment of any principal of or intercst on any obligations of the Issuer. other than thc Bonds.
incurrcd in thc cxcreise of its borrowing powcr.
Scction 8. Composite Issuc. Thcre arc no other obligations of the Issucr that havc bel'n,
or will bc (a) sold within 15 days of the VPSA's Bonds or the Bonds. (b) sold pursuant to the
same plan of linancing together with the Bonds, and (c) paid out of substantially the same source
of lllllds as thc Bonds.
Section 9. No Federal Guarantee. Tbe Issuer and the School Board shall not take or
pernlit any action that would cause (a) the payment of principal of or intcrcst on the Rands to be
guarantccd, directly or indirectly. in whole or in part by thc L:nited States or any agency or
instrumentality thercof or (b) 5 pcrcent or more of thc procceds of the Bonds to bc (i) used in
making loans the payment of principal of or intercst on which is guaranteed in whole or in part
hy the united States or any agency or instrumentality thereof or (ii) invcsted dircctly or
indircctly in fcderally insurcd deposits or accounts (except as pernlitted under Section 1-I9(b) of
thl' Internal Rcvenue Code of 1986. as amended (the "Code"), or the regulations promulgated
thereunder). The Issucr and thc School Board have not. and will not enter into. any (i) long-tenn
servicc contract with any federal governmental agency. (ii) service contract with any federal
go\'emmental agency under temlS that arc matcrially different from the terms of any contracts
with any persons other than federal govenunent agencies. and (iii) lease of property to any
federal government agency that would cause the Bonds to be considered "federally guaranteed"
within the mcaning of Section 1-I9(b) of the Code.
Section II). No I Ied!!e Bonds. The Issuer and the School each reasonably expects that
all of the net sale proceeds of the Bonds will bc used to pay the cost of the Project within threc
years "I' thc date hcreof. Furthermore, not more than 50 percent of the proceeds of the Bonds
will be invested in Nonpurpose Investments (as such ternl is detincd in Section 14S(t)(6)(A) of
the Coele) having a substantially guarantecd yield for lour years or more.
Section 11. "10 Overissuanec. The total proceeds derived by the Issuer from the sale
of the Bonds and anticipated investment earnings thereon do not exceed the total orthe amounts
necessary to financc the Projcct.
ScctiLHl 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to bc
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 Ronds. The Issuer and
{ltl OIII-tY-l. !)/7f;::!I.-û()(J5f(-IJ! I
(-4
the School Hoard represent the following with respect to the costs of the Project to be reimbursed
from the proceeds of the Bonds.
(a) Orticial Intent. The total amount of reimbursed costs incurred by the Issuer
with respect to the Project is not expected to exceed $3,502,429. Such expenditures were
paid prior to the date hereof but no earlier than sixty (60) days prior to November 20,
2006, which is the date the Issuer or the School Board adopted its "ortieial intent"
declaration (the "Oflìeiallntent Declaration") in accordance with Section 1.150-2 of the
Treasury Regulations. The Oflìcial Intent Declaration:
(i) was, on the date of its adoption, intended to constitute a written
documentation on behalf of the Issuer that slates that the Issuer reasonahly
expected to reimhurse 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 deht expected to be issued
for the Project.
\/either the Issuer nor the School Board has taken any action suhsequent to the
expression of such intent that would contradict or otherwise he inconsistent with such
intent.
(h) Reasonable Official Intcnt. As of thc date of the Official Intent Declaration,
the Issuer reasonahly expected to reimburse such expenditures with the proceeds of a
horrowing. The Issuer docs not have a pattern of failing to reimburse expenditures tor
·whieh an intention to reimhurse such expenditures was declared and which were actually
paid hy the Issuer other than in circumstances that were unexpectcd and beyond the
control of the Issuer.
(c) Reimbursement Period Requirement. The proceeds derived ¡rom the sale of
the Bonds to be applied to reimburse the ahovc-deserihed expenditures will be so applied
no latcr than the later of the date that is (i) eighteen (18) months aller the dalc on which
the expenditure bcing reimhursed was paid, or (ii) eighteen (18) months after the date on
which the portion of the Projcct to which such expenditure relates was placed in servicc
(within the meaning of Scction 1.150-2 of the Trcasury Regulations) or ahandoned. The
Issuer shall not. howcver, use Bond procccds to reimburse the above-described
expenditures later than three (3) years alier the date the original expenditure was paid.
(d) Reimbursahle Exnenditures. The expenditures to be reimbursed arc 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 li·om current revenues
(within the meaning ofScction 1.148-6 (d) (3) Iii) (Bl of the Treasury Regulations), (iv)
grants (within the meaning of Section 1.1-18-(; (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-I(h) of the Treasury Regulations). l\ione of the
.:!¡ \(J II !~IJ· i, )77S~ó-Oú058-(¡1 }
C-5
expenditures to be reimbursed were incurrcd for day-to-day opcrating costs or similar
working capital items.
(c) Anti-Abuse Rules. No portion of the proceeds of the Bonds being used to
reimburse the Issuer for prior expendÜures 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 deposite:d in a bona fide debt service fund.
Section 13. Private Activitv Covenants. The Issuer and the School Board each
reprcsents, 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 Codc.
Furthcrmore, the Issuer and the School Board have established reasonable procedures to cnsure
compliance with this covenant.
Section 14. :-Jo Artifice or Dcvice: None of (he procccds of thc Bonds will bc uscd in
a manner that cmploys an abusive arbitrage devicc ul1(kr Section I.] -18- I 0 of the Treasury
Rcgulations to avoid the arbitrage restrictions or to avoid the restrictions undcr Sections 1-12
through 1-17 of the Code and the Issuer has not e:ngaged and will not engage in a transaction or
series of transactions enabling it to exploit the difference between tax-excmpt and taxable
interest rates to gain a material financial advantage and which increases the burden on the market
for lax-exempt obligations, including selling obligations that would not otherwisc be neccssary
or issuing obligations s()oner or allowing them to rcmain outstanding longer than would
otherwise be necessary.
Section 15. Covcnant as to Arbitra«e. Thc Issuer and the School Board each
reprcsents, warrants and covenants that whether or not any of the Bonds remain outstanding, the
money on de:posit in any fund or account maintained in connection with the Bonds, whethcr or
not such money was dcrived from the proceeds of the sale of the Bonds or from any other
sources, will not be used in a manncr that would cause the Bonds or the VPSA's Bonds to be
"arbitragc bonds" within the meaning of Se:clion 1-18 of thc Code and the applicable regulations
then:undcr.
Section 16. Tax Covcnant. The Issucr and the School Board each reprcsents, warrants
and covenan(s 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 !,'1"OSS
income of the owners of the Bonds or the VPSA's Bonds for fedcral incomc tax purposes
pursuant (0 the provisions of the Code and the regulations promulgated thcrcunder in effect on
the date of original issuance of the Bonds and the VPSA's Bonds.
li;.llll] ].. .ll_l. ( 77~.:!tj·( ÜOSg-fJll
C-6
D~te: May 10.2007
CITY Of' RO¡\I\OKE, VIRGINIA
ßy:
Darlene I... Burcham
City Manager
SCHOOL BOARD OF THE CITY OF
ROANOKE, VIRGI:'tIIA
By:
David. ß. Carson
Chairm:Ul
il
,
!:
!I
w
:~]CJ~ J [..W·l, (177~26-(I()(J:,,¡qll J
C-7
APPE:'IIDlX D
to the Bond Sale Agreement
CONSTRUCTION EXCEI'T10:'ll AND
EIGHTEEN-MONTH EXCEPTION
TO THE REBATE REQt:IIŒMENT
Q(JESTIOl\NAIRE
The purpose of this questionnaire IS to c1iÒt facts eoncerning the expenditure of the
proceeds of the City/County of . (the "Issuer") general obligation school bonds (the
"ßonds") in order to make an initial detemlÍnation that the constnIetion exception from the rebate
requirement provided by Section 1-I8(t)(-I)(C) of the Internal Revenue Code of 1986. as amended.
or the eighteen month exception lÌ"<lßl the rebate requirement provided by Section 1.1-I8-7(d) llf the
Treasury Regulati(lns is available.
Please supply the inl(lnnation requested helow and send this questionnaire to Richard A.
Davis. Public Finance 'vtanager. Virginia Public School Authority. P. O. Box 1879. Richmond.
Virginia 23218-1 879. I(lr receipt no later March n. 2007. with a copy to your bond counsel.
I. Brielly describe the project (the "Project") to bc tinanced with the proceeds of the Bonds
ineluding the uscfullile of the project(S) being linanced.
~
(a) Indicate the total amountl,fproceeds to be derived Iromthe sale of the Bonds.
(b) Indicate the amount that you reasonably expect to receive ¡rom the investment of the
Bond proceeds prior to spending all of the Bond proceeds set ¡(lrth above in Question 2 (a).
(e) 1ndic:lle the amount (If proceeds derived from the sale of thc Bonds that you expect to
use wlinance the issuance costs of the Bonds. (e.g. your legal ICes)
(d) The amount set 1(>rIh in QuestilltlS 2(a) plus the amount set I()rlh in Question 2(b)
:'1'11 1213-1. i177X2,,-I)Oil;S·III: 1::DOCS'.Cl.EMO\077826'.00058·UI\corp'.IO 11213.1)OC
n:duœd hy the amount set lorth in Question 2(e) equals $ _ _____ _ This
mnount is hereinalìer rdáred to as "Availahle Construction Proceeds"_ Any bond
premium derived from sale of the bonds and lln)' investment earnings thereon will be
treated as Available Construction 'roceeds.
3_ Indicate the amount of money. other than the Available Construction Procceds of the
Bonds_ that will he applied toward the cost of the Project mKI the expected sourcc of such
money_ Indicate what such money will he used for.
-I. Indieat(\ hy principal components. your eurrc11I estimates ofthc cost for the acquisition and
eonstmction of the Pwjcet that vvill he tìuanccd with the Available Construction Proceeds
of the' Ilonds. induding:
(a) Acquisition orIntcrcst in
I.and
(b) ACLJuisition of Intercst in
Real Property I
(c) Acquisition and/or Installation
of Tangihle Personal Pwperty2
(d) Site Preparat ion
(c) Construction of Real Property'
(I) Reeonstmcti()n of Real Propel1y"
(g) Rchahilitation of Real Property'
(h) Construction of Tangible
Personal Prop",';;,b
(i) Sp,'cially dev-e1oped computer
so Ii ware7
(j) Interest on the Bllllds during
Construction
(k) Other (please speci fy)
s
(I) Total
s
(Note: The sum of the amounts descrihed in (a) through (k) must equal the amount of
Available (\'nstll.lction Procceds of the ßonds set I'Jrth iu Question 2(d)_)
I· 7 Sl.\.' lho: I.:ndn"h::i I'll page..; 11-7 ,uld D-S.
!~-.~'l:".~· ~~ .~, :.;1".'.':1.":,:, I:~II~:;::·.' .';.l/
¡:ehruary 16.2007
D-2
5.
(al
Have YllU Þorrowed. directly or indirectly. (such as through an industrial
development authority) any money. L'Ìther through a tm(-exempt lxmk loan. a hond
antieipation notc. any tax-exempt or taxahle ohligation or otherwise (a "loan"). to
pay tl)r the Project costs'.'
Yes
No
(b) Do you intend to use the proœeds of the Bonds to refinance or repay any loan used
to linance the Project costs'!
Yes
No
(c) If the answer to Question 5(h) is "'Yes", please attaeh a copy of the BAN. COP. or
other evidence l)f the loan and any tax certificate exeeutl'd with such loan and
indicate the tllllowing:
(i) Alllllunt ol"loan:
(ii) Date ol"loall:
(iii) Vlaturity dak ol"loan:
(iv) Interest rate ofloan:
(v) \lame of lender:
(vi) RcJinance 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 "'Ú:s". did you use the proœeds ofÙle loan to
rcÏmburse yourself Il)r expenses paid with respect to the Project hctl)re the loan was
ontaincd'?
Yes
No
(c) If the answer to question5(b) is "Yes", do you expect to quality !l)r the small issuer
exception tor the loan.
ó.
(a)
Do you intend to reimhurse yourself from the procœds of the Bonds Il)r Project
costs advanced IÌ"Clm your Cienerall'und or other available sources'?
'Yes
No
i~';'(ill:;::l>l, :1"; :--:<:-!,.~I·~:,-·JlI
February I h. ~007
D-3
(b) [rlhe answer 10 ()uestion 5(c1) or ()ueslion ó (a) is "Yes", with respect to all sneh
expendilures, please indicate the amounl or such expendilure, when such
expendilure was paid and thc purpose of Ihe expenditure (i.e., arehiteetura[ I<:es.
cngineering fees. other construction costs):
(i) ,\mount expended $__
(ii) Date orexpendilure:
(iii) Purpose of ex pendi lure:
(Note: if you ¡nlend to reimburse yourself ror more than one expenditure, please
attach a rider setting I(lrlh: (i) amount expended. (ii) dale of expenditure. and (iii)
purpose or expenditure)
7. [flhe answer 10 Qnestion5(d) or 6(a) is ")'es" please attach a <:npy or any other evidence or
your intenlion to reimburse yourself with the proceeds of a borrowing such as the ear[iesl
Jllssible resolution. declaration or minutes of a meeting. [nclude the date such resolution
was adopted. meeting was held or deciarationmade.
(The purpose of questions 8, 9 and 10 is to determine if the Bunds may qualify for the
Cunstructiun Exceptiun from the Rebate Requirement.
S. Indicate whelher the total or the amounts shown in -I(d) through (i) on page [)-2 is al least
751~·Ó or the amount of Available Construction Proceeds (i.e.. 75% of the mnount in -I(i).
Yes
No
[f thc answer to Question 8 is "Yes". answer Question 9 and skip Question 10.
Ifthe answer to Qucstion 8 is "t\o". skip Question <) and answer Question 10.
9.
(a)
Assuming the Bonds an: delivered on May [0.2007 and funds are made avai[able to
you on thaI dale, ple¡Lse complete the (lllowing schedule indicaling thc amount of
Available Construction Proceeds that the CilyiCounty expeds to expcnd and
disburse during the following lime periods:
From May 10.2007 to November 10. 2007
From t\o\"Cmbcr II. 20m to May 10. 2008
From May 11. 2008 to \ (l\'ember 10. 20(J8
From November II. 2008 10 \-lav 10.2009
- . '1' II'
Ola
s
&
$
S and I) \~'I.: th..: t::ndnlltt:s ,'n ra~l' i)-X
!~l~ll:"J-·, ~7702¿-0G0~O C_
Fr.:hruary Hi. 20lJi
D-4
(b) If you do not expect to spend I 00%, of Available Construction Proceeds by May 10.
2009. do YOII expect to spend 1000.'0 of Available Construction Proeceds by May 10.
2010?
Yes
No
10. For purposes of this Question 10. assume that the ßonds are delivered on May IO. 2007 ;md
runds arc made available to you on that date.
(a) Does the City/County expect to cxpend and disburse the amount shown in Question
-I(a) tì:lr the acquisition oflal1ll by November 10. 2007?
Yes
No
(b) Does the City/County expect to expl'nd and disburse the anlllUIH shown in Question
-1(0) for the acquisitilll] olÏnterests in real pfllperty by November 10.2007':'
Yes
"lo
(C) Does the City/County expect to expcnd and disburse the amount shown in Question
-I(e) f,'r the acquisition and/llr installation or tangible personal Propeny by
November 10. 200T!
Yes
No
(d) (i) Docs the City/County expect to cxpend and disburse the amount shown It1
questilll]-I(I) by May 10, 20IO'!
Ycs
N'u
(ii) Assuming that the Bonds arc dclivcred on May 10, 2007. and funds arc made
available to you on that date. please complete the tì:)lIowing schedule indicating the
amount of Available Construction Proceeds that the City/County expects to expend
and disburse during the tì:lllowing time periods:
From May 10.2007 to "lovember I 0,2007
From Novcmber I L 2007 to May 10, 2008
From May II, 2008 to ;\ovember IO. 2008
From November 1 I, 2008 to May 10. 20(l9
$
10
Total S
III St't' th¡; l:ndnoLl·... {In pag!: D-~.
~ II ~ i.. 1':: 13<, II' i8:>:-')~~I.,~·,:i-:lll
Ft:hruary 16. :!( (J7
D-5
[The purpose of question II is to determine if the Bonds may qualify for the Ei~hteen
\lollth Exception from the Rehate Requirement.1
II, The sum of the amounts set l,-,rth in Questions ~(a) and 2(b¡ equals:$ (the "gross
proceeds"), Assuming that the Bonds arc dclivercd on May 10.2007 ,md funds are made available to
you on that date, please complete the following schcdule indicating the amount of gross proceeds that
the City/County CXPl'cts to ðpend and disbursc during the following time periods:
I'rom May 10. 20()7 to \/ovcmbcr I 0, ~0()7 $
From ¡";o\'ember I L 2007 to May 10, 2008
From May I L 2008 to "'ovember In, 2008
Total $
12,
(a)
Will this issue qualit~ for thc Smalllssucr Exception'.'
Yes
~()
(b) List any gl'llCral obligation bond linalll.:ings the City/County has undertaken or is
planning to undertake in the calendar year 2007.
[ unde'rstand that the foregoing inli.rmation will bc relicd upon by thc Virginia Public School
Authority (the "Authllrity"') in determining the applieability of the constnlction exception to the
Authority's SehOllll'inaneing Bonds (1997 Resolution). Series 2007 A I hereby certitY that I am t[Ltniliar
with the Projcet or have made duc inquiry in ordcr to complete this Questionnaire with respect to the
Project and am aUlhori/.ùl by the City/County to provide the forcgoing inlill1llation with respect tll it.
whieh inlilrmation is true, correct. ,md complete. tllthe best of my knowledge,
I Include amounts expen(kd prillr to ¡o.· ay I O. ~007 ,md approwd by your bond counsc!lllr
reimburscmcnt Crom your blInd procl'cds. This does nol include any amount used to relÏmUlee or
repay any loan.
~ ~ l~: : : ; 1. 3 - i. : :"! . .~. 'J (; ,i I : I, I; ; 1 1 J
h.:hruary 16. ~007
])-6
.,.
~ !:.;<; '::1>-1, .:1;"7:-.....-. ';":'. ....; .111
D-7
Kun.: ofP.:rSOll Compkting
Qu.:stiollnair.:
Titk
Signatur.:
Date
h.:hruar: IÚ, ~O( 7
F:ND;\OTF:S
I. For purposes of this questionnaire. "real property" means improvements to land, such as buildings
or l)ther inherently permanent structures. including items that arc structural components of such
buildings or structures. For example. real property includes wiring in a building, plumbing
systems, central heating lIr central air eonditil)ning systems. pipes or duds. devators or cscalators
installed in a building, paved parking areas. road. wharves ,md docks. bridges and sewage lines.
2. For purposes of this questionnaire. t:mgiblc personal propcrty me¡ms any tangible property except
real property. For example. tangible personal property includes machinery that is not a structural
component of a building. school busl's, autl)mobiles, ollice equipmenl. testing equipment and
Illrnishings.
3. See description of real property in endnote I. This includes all capital expenditures that arc
properly ehargeahk to or may he capitalized as part of the hasis of the real proPl'rty prior to the
date the propelty is placed in service. For purpllses of this ques¡jonnaire. expenditures arc
considered paid in eLlnneelilln with the constructi(ln. reconstruction or rehabilitation of real
property if the contract het\\een the Issuer ¡md 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 heen huilt
nr instalkd at the time the parties entL'r into the contract. Jftile property has hcen partially built or
installed al [he time the parties enter into the wntrac!. the expenditures that arc all,.eable to the
portion of thc property built or installed before that time are expenditures ¡¡)r the acquisition of
real pn.>perty.
-I. See endn()te 3.
5. See endnote .ì.
(i. For PurPOSL'S of this questionnaire. expenditures are III connection with the construction of
tangible personal pn.>perty, as defined in endnote 2. if:
(a) 1\ suhstantial portion of the property or properties is completed more than 6 months
afler 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 nf the
person constructing thc property. with the cxercise of due diligence, completion of construction or
rehabilitatillll (and delivery to the Issuer) wuld not have occurred within that 6-month period: and
(c) If the Issuer itself builds or rehahilitates the property. not more th¡m 75'!¡' of the
capitalizablc cost is attributahle to propelty acquired by the Issucr k.g.. cOlllpllOents, raw
materials and other supplies).
1~:I.i!~¿:'3-1, ,-:'-;7",(.":-' IJ(j"";.;-\ll\
ft'hruary 16.2007
D-8
7. Specially developed computer solìware means any programs or routines used to cause a computer
to perform a desired task or set of tasks. ~md the documentation required to dcserioe and maintain
those programs, provided that the software is specially developed and is functionally related ~U1d
suoordinate to real property or other eonstmcted personal property.
S. Inelude amolUlts expended prillr to ]\'Iay 10, 2007 and apprm;ed by your bond counsel Illr
reimoursement from your bond proceeds. This docs not inelude ¡my amount used to relimmcc or
repay any loan.
<) Total should equal the amount in -It ] ).
10. Include amounts expmded prior to ~Iay Ill, 2007 and approved by ~'our bond counsel I()f
reimbursement trom your lx'nd proceeds. This docs not include any amount used to refinance or
repay any loan.
i!; ;,;. :l·;-~, 111F<::.r "..I(.".l'": ."11,
h.:hmary 16.2007
D-9
APPENDIX E
to the ßond Sale Agreement
CONTINUING DISCLOSlJRE AGREEMEl';"T
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if amI only if the Local Issuer is or has hecome and
remains a "Material Ohligated Person", as defined below]
This Continuing Disclosure Agrecment (lhe "Disclosure Agreement") is executed and
delivered hy the undersigned local issuer (the "Local Issuer") in connection with the issuance by
the Virginia Puhlie School Authority (the "Authority") of $_..._____ aggregate principal
amounl of its School Financing Bonds (1997 Resolution) Series 2007 1\ (the "Series 2007 A
ßonds") pursuant to the provisions of a hond resolution (the" 1997 Resolution") adopted on
October 23, 1997, as amended and restated. The Series 2007 A Bonds and all other parity bonds
heretofore and hereatler issued under the 1997 Resolution arc collectively called [he "Bonds". A
portion of the proceeds of the Series 2007 A Bonds are hcing used hy the Authority to purchase
certain general obligation school honds ("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 10 paragraph 3 of the Homl Sale Agreement, the Local Issuer hereby covenants and
agrees as follows:
SECTION I. Purpose of.tJ.¡e Disclosure Agreement. This Disclosure Agreement is heing
execured and delivered by the Local Issuer for the benetìt of the holders of the Series 2007 A
Bonds and in order to assist the Participating Underwriters (detìned below) in complying with
the Rule (defined helow). TIle Local Issuer acknowledges that it is undertaking primary
responsibility tilr any reports. notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the delÏnitions set forth in the 1997 Resolution.
which apply 10 any capitalized term used in this Disclosure Agreement unless otherwise defined
in this Section. the liJllowing capitaliœd terms shall have the following meanings:
"Annual Report" shallmcan any Annual Report provided by lhe Local Issuer pursuant to.
and as descrihed in, Sections 3 and 4 of this Disclosure Agrœment.
"hond sale agreement" shall mean the Bond Sale Agreement and any other comparahle
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 lïled with such Local Issuer a written acceplance of such
designation.
"foiling Dalc" shall have the meaning given to such term in Section 3(a) hereof.
\:;10] ]~l-I-l, 07ïS21t-I)Ü(I:,8-(l11
E-1
"Fiscal Year" shall mean the twelve-month period at the end of which financial position
and rcsults of operations are detemlined. Currently, lhe Local Issuer's Fiscal Year begins July I
and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
r(:Cord owner or bencticial owner of a Series 2007 A Bond.
"Listed Events" shall mean any of the events listed 1Il subsection 5(b)(5)(i)(C) of the
Rule.
"local school bonds" shall mean any of thc Local School Bonds and any other honds of
the Local Issuer pledged as sccurily fill' Bonds issued under thc Authority's 1997 Resolution.
"Matcrial Ohligated 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 ¡Ill outstanding Bonds of the AUlhority.
"National Rcpository" shall mean any ]\;ationally Recognized Municipal Securities
Information Repository f(¡r purposes of the Rule.
"Parlicipaling Underwriter" shall mean any of the original underwriters of [he
Authority's Series 2007 A Honds 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 hy the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may he amended from time {() 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 rhe date of this Agreement, there is
no Srate Reposilory.
SECTION 3. Pr~2vision 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 atìer the end of any Fiscal Year (commencing wilh its Fiscal Year
ended June 30, 2007) as of the end of which such Local Issuer was a MOP, unless as of the
filing DatL' the LOL'allssuer is no longer a MOP' NOllarer than ten (10) days prior to the Filing
, The Authority will covenant in the Bond Sale AgreL'lIlent to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Material
Obligaled Person as of the end of such fiscal Year. Upon written request, the
Authority will also advise the Local Issuer as 10 its status as a MOP as of any
{!flOll.~ I·a-¡. u77X2t,-(l\J(l:'iX-(l i ~
E-2
Date. the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applieahle)
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-reterence
other infi.lrmation as 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 availahle, such unaudited financial statements as may
be required hy the Rule. [n any event, audited linancial statements of such Loca[ Issuer must be
suhmilled, if and when available, together with or separately from the Annual Report.
(h) If the Local Issuer is unahle to provide an Annual Report to the
Repositories hy the date required in suhsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Roard and any State Repository in substantially the form
attached hereto as Exhihit A.
SECTION 4. Content gf Annual Reports. Except as otherwise agreed, any Annual
Report required to be tiled 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 rclating to thc Local Issuer as shall have been included
or cross-refcrenced in the linal Official Statement of the Authority descrihing the
Authority's Series 2007 A Bonds or
(ii) if there is no such intilflllation described in clause (i), updating such infimllation
relating to the Local Issuer as shall have been included or cross-referenced in any
comparahle disclosure document of the Local Issuer relating 10 its tax-supported
ohligations or
(iii) if there is no such information descriht:d in clause (i) or (ii) ahove. initially setting
forth and then updating the infi)fmation referred to in Exhibit B as it relatcs 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 n::ference from other documcnts,
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 heen filed wilh each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
reference is a final official statement. it must he available from the Municipal Securities
Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECT[O:\ 5. ß,epo,Üng of Listed E~~l\t~. Whenever the Local Issuer is a Material
Obligated Person required to tile 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 occurrcncc of a Listed Event with respect to its local school bonds would he
olher date.
{;, 1l1l121·}-1. 1)77:~2t,·O(ln5X-f) II
E-J
material. such Local Issuer shall promptly tile 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. AlterI}ativc Filjng. The Local Issuer may, in lieu of tiling with the
Repositories and each State Repository the Annual Reports and other notices referred to in
Sections 3(a). 3(b) and 5 hereof. make such /ilings with DisclosureUSA. the central post oflïce
of the Municipal Advisory Council of Texas.
SECTION 7. Terminlltion of Reoorting Ohligation. The Local Issuer's ohligations under
this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or
tinal retirement of all the Local School Bonds.
SECTION 8. Dissemination Age!ll. The Local Issuer may. from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its ohligations under this Disclosure
Agrcement and may discharge any such Agent, with or without appointing a suceessor
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, thc Local Issuer
shall be the Dissemination Agent.
SECTlO~ 9. Amel1l:lrnent. 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 hy an opinion of independent eounsel,
acceptable to the Authority. with expertise in tederal securities laws, to the effect that such
amendment is permitted or required hy the Rulc.
SECTION 10. ð.dditional Information. Nothing in this Disclosure Agreement shall he
dccmed to prevent the Local Issuer from disseminating any other information, using the means
of disscmination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Report or notice of occurrence of a Listed Event,
in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses
to include any information in any Annual Report or notice of occurrencc of a Listed Event, in
addition to that which is specifically required hy this Disclosure Agreement. such Local Issuer
shall have no obligation under this Agreement to update such information or include it in any
future A nnual Report or notice of oeeurrenee of a Listed Event.
SECTION I I. De.f,IUIt. Any person referred to in Section 12 (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 fïle 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 prindpal amount of Bonds outstanding may. take such actions as may he 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 he deemed an event of default under the applicable resolution or honds of the Local Issuer,
and the sule remedy under this Disclosure Agreement in lhe event of any failure of the Local
{Ii 1(1] 12! 4·1 . 077H211-l)UO.':;~-OII
E-4
Issuer to comply herewith shall be an action to compel performance. NOlhing in this provision
shall be deemed to reslrict the rights or remedies of any holder pursuant to the Securities
Exchange Act of 1934, the rules and regulations promulgaltxl thereunder. or other applicable
laws.
SECTION 12. Bellç;ficiaries. This Disclosure Agreement shall inure solely to thc benetit
of the Authority, the Loeal Issuer, the Participating Underwriters, and holders from time to time
of the Authority's Bonds. and shall create no rights in any other person or entity.
SECTION 13. Count~!p.ªr.t~. This Disclosure Agreement may be executed in several
counterparts, each of whkh shall be an original and all of which shall constitute bul one and lhe
same instrument.
Date: May 10. 2007
CITY 01' ROANOKE, VIRGINIA
By_.....
Darlene L. Burcham
City Manager
:;:.10112[4-1. 07ilCI,-f.l005i';-!J[ j
E·5
EXHIBIT A
NOTICE Of fAILURE TO HLE ANNUAL REPORT
IAUDITED HNANCIAL STATEMENTS]
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCIIOOL FINANCING BONDS (1997 Resolution)
SERIES 2007 A
CUSIP Numbers:
Dated: May 1,2007
!\ame of I,ocal Issuer City of Roanoke, Virginia
!\OTICE IS HEREBY GIVEN that the Local Issuer has not provided an Annual Report as
re4uired by Section 3(a) of the Continuing Disclosure Agreement. whkh was entered into in
connection with the ahove-named bonds issueJ pursuant to that certain Scries Resolution adopted
on [March 23, 20071, by the Board of Commissioners of the Virginia Public School Authority,
the proceeds of which were USL-d to purchase $ _, General Obligation School Bonds,
Series 20m-A of the Local Issuer. The Local Issuer anticipates that the Annual Report will be
tiled by .' The Local Issuer is a material "ohligated person" within the meaning
of Rule 15c2-12 under the Securities Exchange Act of 1934, as amendL-d. with respect to the
above-named honds of the Authority,
Dated:
CITY OF ROANOKE, VIRGINIA
By
1 ii I III ]:! j 4·1. 077ftY,-O( ()5~-(11 ~
E-6
EXHIBIT B
CONTEl'iT OF AN1\lJAL REPORT
DL'Scription of the Local Issuer. A description of the Local Issuer including a summary of its
tÜrm nf governmcnt, budgctary processes and its managcment and otliccrs.
Debt. ^ dcscription of the tcrms nf the Loeallssuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorizcd 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 cnd of the.
preceding tiscal year. The Annual Report should also includc (to the extent not shown in the
latest audited financial statcments) a description of contingent obligations as well as pension plans
administered hy the Loeallssuer and any unfunded pension liahilities.
Financial Data. financial information respecting the Llll;al Issuer including a description of
rcvenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the prL'Ccding tiscal year.
Capital Improvement Plan. ¡\ summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Infonnation. A summary of the Local Issucr's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding tiseal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer .
: # I (J II:!] .~-l. 077l(!(,·noos~·o II
E-7
NYI 5836030\'.3
Sidley Draft
February 16,2007
PROCEEDS A(;REE'1E~T
Resp.:cting the Custody, Investment, and
Disbursement of Proceeds of Local School
flonds Purchas.:d hy the Virginia Public School
Authority with the Proceeds orrts $12007 ^ PARI
School Financing Bonds (1997 Resolution)
Series 20( 7 A
Dated :VIa\' , 2007
"-
Anlong
Yir~inia I'ublic Scbool Autbority
Wacho~'ill Blmk, N.A.
PFM Assct Mana~cment LLC
and
[participating LOCllllssuers
.\
Section 2-1, Severabi lit y. .......................................................... ..................................................... .~3
Section 25, No Personal [.iabil ¡ty... ............................................................................................. ..23
Section 26, Applicable Law. ........................................................................................................ .24
Section 27. COllntcrparts. ....................................... ...................................................................... .2-1
Section 28. Eftectivc Dale; Tenn. .................................................................................................25
-11-
~.JYI :;~~')O~O\·..1
-\
I'ROC~:El)S AGREEMENT
Respecting the Custody,lnwstment, and
Disbursement of Proceeds of Local School
ßonds Purchased by the Vi~inia Public School
Authority with the Proceeds of Its $12007 A PARI
School Financing ßonds (1997 Resolution)
Series 21107 A
This PROCEEDS AGREEMENT. dated May . 2007 (this "Agreement"). is mnong
the Virginia I'ublie School Authority. a public hody corporate and instrumentality of the
Commonwcalth of Virginia ("VPSA ""). the _ counties and _ cities that arc signatories to
this ,\~n::cmcnt (wllectivelv. the "Local linits"". and each a "Local Unif'). Wachovia Bank,
~ .
1\.A., a Ixmkin~ institutionl)rtmnized undcr the laws of the t:nited States of America and havin~
~ , ,
an olliee in Richmond. Virginia. and PF:\-l Assct Management LtC, a corporation organized
under the laws of Delaware and having an ollic..: in Harrisburg. Pennsylvania. All capitalized
tc'1111S used herein shall have the meaning given to them in Section :2 hereoL
Thc parties hen:t<) agree and covenant as follows:
Scction I. Recitals.
1\. On or bcl()re April .2007, VPSA and each of the Local Unils entered into a
Bond Sale l\grccmclll. pursuant to which VPSA agreed to purchase. and the Local Unit agreed to
sell its Local School Bonds.
B. On April. 20tH. VPSA's Bonds werc awarded at competitive bidding to the
Purchaser. Thc Purchaser is obligated hy the terms of its bid to pay the purchase price !,)r the
VPSA's Bonds on the Closing Date. VPSA will apply ce11ain of the proceeds of the sale of
VI'SA's Bonds to the purchase of the Local School Bonds on May ._._. 2007. the 1.0",11 School
Bonds Closing Date. VPSA will also apply certain of the proceeds 01" the sale ofVPSA's Bonds
to pay accrued interest on and certain costs of issuance of the VPSA Bonds.
-1-
:-.1\'1 )SV·l,~ih.]
C. The Code imposes requirements on V PSA and the Local Units selling their
Local School Bonds to VPSA that must be met if intcrest on VPSA's Bonds and interest on the
Local School Ronds are tll be excludable from gfllSS income liJr federal income ta'( purposes.
induding a requirement that in certain circumstances, certain investment income with respect to
[he Local School Bllllds. which income is deemed tor federal inellme I,L,( purposes to be
investment income of VPSA's ßonds. be subject to payment, or in lieu thereof certain payments
be madc'. to the United States Treasury.
D. VPSA has determined that in order to fuIlill its representations respecting the
maintenancc of the exclusion of the interest on VPSA's Bonds from gross income Illr lèderal
income tax purposes. VI'S!\ must establish a ml'ehanism to provide accountability li'r the
eusll1dy, investment and disbursement of the proceeds of VPSA 's Bonds and the proceeds of (he
Loenl School Homls.
E. It is the PurpOSl' of this Agreement to enable VPSA (i) to fulfill the
representations mentioned in. the preceding subsectinn: (ii) subject to the constraints of the Code
alìèeting the investment of the proceeds of tax-exempt obligntions. to achieve the optimum.
practicable income by the professional management of the investment and reinvestment of the
proceeds of the I.oenl School Bonds: (iii) to provide li,r the custody. investment and
disbursement of the proceeds of the Local School Bonds. and li)r the maintennnee of appropriate
records thercof: (iv) to meet the rebate requirement imposed by Section 1-18(1) of the Code. in
part through the payment of either the l.ocalUnÏt Rebate Requirement by each of the Local Units
or the Penally if the Penalty Election has beellll1nde on behalfofa Lneal [Init: and Iv) to provide
Illr the allocation and payment of the costs associated with the establishment and maintenance of
this Agreement.
-2-
I\YI 'ili1hll:'~h·..l
F. Thc purposes set forth in lh.: prœeding subscction E shall be accomplishcd
through SNAP. The proceeds of the Local School Bonds shall be in\".:sted in accordance with
lh.: JnllHmation Statement.
Any statements of bcts contained in these recitals pertaining to the sale of th.:
VPSA's Bonds and the application llf such procecds. othcr than thc purchase of the Local School
Bonds. will not be decm.:d to hc made by the Local Units except to th.: cxtcnt they han:
knowkdgc of such làcts.
Section 2. Definitions.
In addition to the words and t.:rms elsewher.: delined in this Proe<:eds Agreem.:nt
including th.: Exhibits attached hereto. the following words and t.:nns shall have the Il'lIowing
nll~~lnings:
"Aggregate Local t.:nits Rehate Requirement'" shall h.: th.: anll>unt calculated
pursuant to the [.eHer Agreement.
'" Agreement"' or '"Pwce.:ds ^gree:ment"' shall mean the I'wcecds Agreement.
dated :vlay _, 2007. among the Authority. the Local Units. the Depository and the Investment
\1~ll1agcr.
"Authorized Repres.:ntativc" shall mean. as applied to VPSi\. the: De:pository. the:
Investment T\lanage:r and thc Local Units, th.: person or each of the persons th.:rehy designat.:d.
Irom time to time. in accordance with and as lisled on the pagc of this Agreement executed by
such party.
"Available Construction Proceeds'" shall mcan. as applied to cach Local Unit. the
sum of (i) the amount initially deposite:d tt> the: Principal Accnunt of such l.llcalUnit pursuant to
Section 5 hereot: and (ii) th.: investment earnings thereon. reduced by the amount of issuance
costs linanœd by such Local Unit's Local School ßonds. In lhl: event that the Local Unit has
-3-
NYI 5Xkr ~o.... ~
made the ßi furcation EJcctil>n on its signature page. .'¡\ vailabJc COllstmction Procecds" shall
mean the sum Ilf the amount set forth on the signature page as the portion of the issue used for
construction and the investment eamings thereon. reduced hy the amount set forth on the
signature page as alloeahlc to issuance expenses.
"Bifureation Election". with rcspcct to each issuc of Loeal School Bonds. shall
mean ¡he election made by the Local L1nit to treat a portion of its Local School Bonds uSl'd for
constmction as a separatc issue pursuant III Seetion I-lS( 1)(-1 )(C)(v) of the Code.
"Bond Sale Agreements" shall rclCr to thc respcctive Bond Sale Agreements.
datl,d as of March ,2007. between V I'SA and each Local Issuer.
"Capital Expenditure" shall me;m any <:ost of a type that is properly chargeable to
a capital account (or would be so chargeable with a proper e1cction) under general kdl'ral
income tax principles as determined at the time the expenditure is paid with respeet to the
property.
"Capital Projcet"" shall mean all Capital J-:xpenditures, plus related working capital
expcnditures to which the de minimis exception provided hy Section 1. I 48-6(dl(3 )(ii)(Al of the
Treasury Regulations to the proceeds-spent-Iast rule applies, that carry out the go\,ertullental
purpose "flh" Local SellOol Bond issue.
"Closin!! Date" shall mean. with respect to the VI'SA Bonds. the date of deliverv
- .
by VI'SA of such Bonds to the Purehaser. The Closing Date is scheduled III be May., 2007.
"Code" shall mean the Internal Revenue Code of 1986. as amended.
"Computation Date" shall mean each of the Installment Computation Dates, I.ocal
Unit Computation Date. and the Final Cllmputation Date.
--1-
:-..1\"1 <K~(,tl~O\'.~
"Contract" shall mean the Contract respecting the Virginia Stale Non-Arbitrage
Program. between the Treasury Board of the Commonwealth of Virginia and the Invcstment
Manager. induding the lkpository Agreement appearing as Appendix A thereto.
"Dcpository" shall mean Waehovia Bank. N.A.. a banking institution organizcd
under thc laws of the United States of Ameriea and having an otlïcc in Richmond. Virginia ~md
its future successors :md assigns under the lkpository Agreement.
··Depository Agreement" shall mean the Depository Agreement appeUfmg as
,xhibit A to the Contract.
"Eighteen-Month Exccption" shall mean the exception to the Rebate Requirement
provilkd by Treasury Regulation Section 1.I-l8-7( d).
"Final Computation Date" shall mean the date the last bond that is part of the
issuc of VPSA's Bunds is discharged.
"Gross Proceeds" shall have the meanmg given III sllch term In the Letter
l\grccIllCllt.
"Income Subaccount" shall mcan the Income Su¡"account esta¡"lished pursuant to
Section -I of this Proceeds Agreemcntlllr eaeh Local Unit.
"Income Subaccount Set Aside" shall have the meaning given to such term by
Section Cl(b) of ¡his Agreement.
"Individual Portfolio" shall have the meanmg gl\·en to such term 111 the
InlÙrmation Statement.
"lnlllrlnation Statement" shall mean the current Information Statement describing
St\AP. as ¡he same may be supplemented and amended.
··Installment Computation Dates' shall mean May.. 2012. ~lI1d each lilih (5th)
anniversary date therealier.
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"Investment Manager"' shall mean the inv.:stnu:nt m,mager of SNAP and its
sue¡;essors and assigns, on the Cll'sing Date being PFM Asset Management LLC, a corporation
organized under the laws of Ddaware and having an otlicc in Harrisburg, Pennsylvania.
"Investment Report" shall have the m.:aning given to such term in Part A of the
Letter Agreement.
"Letter Agrel'ment"' shall mean the Letter Agreement, dated the date hereoC
attached to this Agreement as Exhibit C.
"Loeal School Bonds" shall mean general obligation school honds of a Loeal L1nit
having the terms and provisions required by the Rond Sale Agr.:ement.
"Lo.:al S.:hool ßonds Closing Date"" shall mean th.: Closing Date. exc.:pt as
othen\ ise provided l'n thc page of this Agreement cxeeuted by a Ln.:al Unit; provided, howcver.
the Loeal Sehnol Bonds Closing I)aw with respect to an issue of Local School Bonds shall not he
deemed to have o.:curred until the related Loeal Cnit shall havc delivered the Local Sehllol
Bnnds to VPSA ,md otherwise complied with the terms of ils Bond Sa'" Agreement.
""Local Unit" nr "Ll)eal Units" shall have the meaning accorded to such term hy
the lirst paragraph of this Agreement.
""Lll\:al Unit Computatinn Date" shall llIe,Ul the date seketed by a Local Unit as
the date as of whi.:h th.: Rehaw Requirement with respect to ils issue of LOŒI School ßoncls
shall he computed. Such dat.: shall not be earlier than the date on which such Local Unit
anticipates that all of the proceeds of such issue of I,oeal School ßonds, including any amounts
si.'l asidc in the Income Suhaccount for the payment of the Rebate Requirement. shall he
.:xpendcd.
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NY I ~K:I,0.:n\,.~
"Local Unit Rebate Computation", with respect to each issue of Local School
Bonds, shall mean a Rebate Computation for each Local Unit made on cach Computation Datc
pursuant to Section II of this Proceeds Agrecmcnt.
"Local Unit"s Rebate Rl'quircment", with respect to cach issue l)f Local School
Ikltlds, shall mean the anlllunt payable to the United States Treasury calculated pursuant to the
Letter Agreeml'nl.
"Penalty" shall mean the amount that must be paid to the United Statcs Treasury
pursumll to thc Penalty Election,
"Penalty Electiou". with res plOd to each issue of Local School Bonds, shall mean
the election made by the Local Unit to pay a penalty in lil'u of rebate pursuant to Section
1-I8(f)(-I)(C)(\ii) of the Code,
"Principal Subaccount"" shall mean the Principal Subaccount estahlishcd pursuant
to Section -Il)f this Proceeds Agrccmcnt ll)r each Local Unit.
"Proceeds Acwunt" shall mean, with respect to each Local Unit, its account
established under Section -I of this Procceds Agreement.
"Purchaser" shall mean
.... the bidder ofrering to pay the lowest
true interest cost of the VPSA's Bonds and to which VPS¡\ awarded the VPSA's Bonds Ul a
cl)mpetitiw sale.
"Rebate Calculation Agent" shall have the ml'anmg glvcn to such term 111 the
Letter Agreement.
"Rebate Computation" shall mean the computation, as of a Computation Dall', of
the Local Cnit Rebate: Requirement to sllch Computation Date. The amount so computed may be
a positi\c or a negative number.
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"Rebate Exceptions" shall mcan the Spending Exceptions and tht;: Small-Issut;:r
Exccption. collectively.
"Rebate Repurt" shall mean the Local Unit Rebatc Computations.
"Rcbate Rcquirement" shall me'ill the rebatc rl'quiremcnt imposed by Sections
I-I~(J)( 2) ;LIld (3) of the Codc.
'"Six-Month Exception" shall mcan the exception to the Rebate Requiremcnt
provided by Scction 1-18(1)(-1)(8) ofthc Code.
"Small-Issuer Exeeptil1n'" shall mean tht;: execption to tht;: RCbate Rcquirement
provided by Section 1-18(1)(4)(D) of the Code.
"SNAP" shall mean the State "Ion-Arbitrage Program established pursuant to
Article 7.1. Chapter 1-1. Title 2.1. Code of Virginia, as amended.
"SNAP Documents" shall mean the Information Statement and the Contract.
"Spending Exceptions" shallmcan thl' Six-Month Exc.:ption. the Eighteen-Month
I::xception and thc Two- )'car Exception. collectively.
"Tax Exempt Rond" shall mean a bond the interest on which is cxcludablc 1Ì'l1l11
gross income under Seetion 103(a) of the (\lde and is not a spccified private activity bonds as
detined in Sectinn 57(a)(5)«(") of the Codc.
"Two- Year r:xeeplion" shall mean the exception to the Rebate Requirement
provided by Section 1-I8(f)(4)(C) nfthe Code.
"VPSA" shall mean the Virginia Public School Authority, a public body corporalc
and instrumentality of the Commonwealth o{"Virginia.
'"VPSA's Bund Yield" shallmcan the Yield on VI'SA's Bonds as set {"orth in the
I.etter Agreement. As provilkd in Treasury Rcgulation Seetillll I.I-I~--I(a). the vield on each
-~-
~~y I ~S.lfI:)\{I\, :;
issue of Local Sehool Bonds of a Local Unillhe interest on which is cxcludcd from gross income
shall equal the VI'S^'s ßond Yield.
"VPSA's Bonds" shall me.ill the $l~007 A PARI aggregatc principal amount of
VPSA's School Financing ßonds (1997 Resolution) Sl,rjCS 2007 A.
"Withdrawal Date" shall mean the date as of which an interim Renate Calculation
is made pursuant III Section 9 of this Proceeds Agreement.
"'1'ield" shall have' the meaning aecorded to sueh tenn hy the Letter Agreemcnt.
"Yield Reduction Payment'· shall have the same meaning given to such term by
Section 13 of this Proceeds Agreement.
"Yield Restrietion Requirement"" shall havc the same meaning given to such term
by Section 13 0 f the Proeeeds Agreement.
Seetion 3. Disposition of VPSA Bond Proceeds.
,\, Prior to the Closing Dale, eaeh Loeal Unit will complete and submit. to Ihe
InVi.'stment ¡"tanager. the program regislration f(¡rm and the SNAP account registration Illrm
annexed to the Inflmnation Statement.
B. On the Closing Dale. VPSA will transfer 10 the Deposilory lor deposit in
Sl'iAP. in immeùiately available tilllùs. an amount equal to the aggregate purchase priee of all of
the I.ocal Sehool Bonds ($
-----).
C. !'aeh Loeal Unit hereby agrecs III adhere strictly to thc prescrihed and
recommended procedures deseribed in the Information Statement. Eaeh Local Unit herl'by
tÌlrther agrees Ihal it will not deviate Irom or request an exception 10 such procedurcs without
tìrst obtaining the prior written approval of VPSA. In the evetll of a conilid betwcen the
provisions of this Agreement and the Inllmnation Statemclll. the provisions (If this Agreemcnt
shall control.
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Section 4. Establishment of Accounts.
The Inv.:stment Manager willestahlish on its books liJr .:ach Local Unit one (I)
aeëOunt and lwo (2) subaceounts therein as t"llows:
VPS^-(;"¡anl': of Local Unit) Proceeds Account - Series 2007 ^ Issuc
Principal Suhaccount
Income Suhaccount
If a Local Cnit has clectcd to trcat a portion of its [,llcal School Bonds issuc uscd
li)r construction as a separate isslle as set forth on its signaturc pagc, the Investment \1anager
shall maintain such records as n.:œssary to dell:fmine the portion of the Principal Suhaccount
and Incom.: Suhaccount of such Local l.lnit alltlCable t(, the construction issue and the nllI1-
construction issu.:,
Section 5. Disposition of Local School Bond Procceds.
ThL' Investment \1anager shall allocate the proce.:ds ofthc Local SChOll1 Bonds on
th.: Local School Bonds Closing Datc(s) to th.: Local Unit(s), dollar for dollar, in accordanœ
with the respective purchase prices of their Local School Bonds set limh in Exhibit ,\ to this
Agr.:cmL'nt. "l'h.:r.: is no accru.:d inl.:rcst on th.: Lo.:al School Bonds. Th.: proc.:cds of VI'S^ 's
Bonds allocated to each Local Unit shall be credited tll the Principal Subaccount (,f thc Local
Unit in th.: mnollnts set ¡¡,rth in Exhibit A.
Section 6. Investmcnt of I>rincipal Subaccount.
Thc Invcstment Manager shall invcst and reinvcst moneys to the credit of the
Principal SlIbaeenunt of each Local Unit lilr the benelit of slleh Local ¡;nit in accordance with
the provisions nf the InliJrmalil'n Stat.:ment and Section 18 of this Agreem.:nt. The Inv<?stmenl
!'vlanagcr shall crcdit to the Local Unit's Income SubacëOlInt all income and prolìts I¡-llm the
investment and reinvestm.:nt of mon.:)'s to the cr.:dit of its r.:spectiv.: Principal Subaccount.
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Section 7. l>isbursements from Principal Subaccount.
Beginning on its Local School Bonds Closing Date. each Local Unit may at any
time withdraw all or any portion of the proceeds of its Local School Bonds credited to its
Principal Subaccount (including amounts transferred to the credit of the Principal Subaccount
tÌ"0m the Inn'me Subaccount pursuant to Section 9), in accordance with the Information
Statement and. in the case of a reimbursement to the Local Unit. by filing with the Investment
Manager a requisition or requisitions therefor in the form or Exhibit 13 to this Agreement signed
by an Authorized Representative of the Loeall;nit. Notwithstanding anything It> the contrary in
the Information Statement. the Investment Manager agrees that. in the ease of a rL'imbursement
to the Local Unit. it shall not disbursc any money Irom the Principal Subaccount unless and until
it has received such requisition frnm the Loeal Cnit.
Section 8. Innstment of Income Subaccount.
The Im·estment :Yfanager shall invest and reim'cst moneys to the credit of the
Income Subaccount .of cach Local Unit tllf the benefit of suc.h Local Unit in accordance with the
prnvisions of the Infonnation Statcment and Section 18 of this Agreement. The Investment
\tlanager shall credit to the Local Unit's Income Subaccount all incoml' and profits trom the
ill\"estlllt:nt and n.::investnlcnt of 1110llèYS Ì(l thè credit thcn:o[
Section 9. Income Subaccount.
A. Thc Investment Manager will notify a LocallJnit and VPSA whcn the balance
to the crcdit of the Principal Subaccount of suc.h I.ocal Unit shall have been reduced to zero ($0).
Such Local Unit may then withdraw from its Income Subaccount an amount not in excess of the
amount thcn to thc credit of its Income Subacc,'unt if the Local Unit qualities tÖr anyone of the
Rebate Exceptions or if such withdraw·al is necessary to quality tl)r one of the Spcnding
Exceptions.
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"'..,.1 .<'.~.;:,o \(1\" ~
1. In order to qualitY for the Small-[ssuer Exception, thc Local Unit must deliver
to VI'SA and the Investment Manager no later th'lIl the end of calendar year 2007 (a) a
lettcr Irom, or opinion of. nationally r('Cognizcd bond counsel that the [.ocal School
Bonds of such L(lea[ Unit purchased by VPSA with the proceeds of the VPSA's Bonds
will he treated as meeting the requirements of ('ode Sections 1-I8(t)(2) and (n. pursuant
to Code Section 148(t)(4)(D); and (b) the Local Unit's covenant that it shall provide for
the payment or reimburse VPSA lur its payment of the f .oeal Unit's Rebate Requirement
in the event that the Local Sehoo[ Bonds of such Local linit 1¡lil to meet all of the
requirements of the Small Issuer Fxœption.
2. In order tll determine if a l.oeal Unit qualities for either the Six-Month
Exception or [hc Fighleen-J\!lonlh I'xception. the Inwsrment :Vfanager shall advise eaeh
l.oeal Unit and VI'SA of the amount that has been disbursed ¡rom the Principal
Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the
Lneal School Bonds Closing Date. (h) t\vclw ([2) months Irom the Local School Bonds
Closing Date. and (c) eighteen (18) months from the Loea[ School Bonds ('[osing Date.
To tàeilitate such determination. each Local Unit shall set [<)[Ih on the signature page tilr
such Local Unit the amount of investment proœ"ds that such Local Unit reasonahly
cxpects as of the l.ocal School Bonds Closing Date to earn.
3. [n order to determine if a Local Unit qualities tur the Two- .....ear Exception. the
Investment Manager shall advise "ach I.oea[ Unit and VI'SA. of the amount of A vailahlc
Construction Proceeds that has hecn dishursed [rom the Principal Suhaccount and the
Income Subaccount of such Local Unit (a) six (6) months from the Local School Bonds
Closing: Date. (b) twelve (12) months from the Local School Bonds Closing: Datc. (e)
eil.!htccn (18) months Irom the Lowl School Bonds Closing Date. and (d) twentv-It)ur
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NYl ~S~('U_;lhJ
.,
(2-1) months from the Local School Bonds Closing Datc.
To Jhcilitate such
determination, each Local Unit shall set forth on the signaturc pagc I(Jr such Local Unit
the amount of invcstment proceeds that such Local l.'nit rcasonably cxpccts as of the
Local School Bonds Closing Date to cam and the elections that it rcqucsts VPSA to make
on its hehalf. Furthcrmorc. such Local Unit shall set forth in a ccrtilìcate delivcrcd to
VI'S,\ on thc I.ocal School Bonds Closing Date such lilcts and circumstances as
nccessary to show that it rcasonably cxpccts to qualify for the Two- Year Exception.
ß. Except to the extent that a I'cnalty Elcction has hem made on behalf of a
Local Lnit. if the I.ocal Unit Ihils to qualify for one of the Spending Exœptions. or is otherwise
subjcct to the Rebate Requirement. then prior to a withdrawal trom its Income Suhaceount and
upon rcceipt of snch notitieatÌl'n. the Local Unit shall promptly request. pursuant to the terms of
thc Int(lflnation StatC1l1en\. an interim Rehatc Computation for the next Computation Date with
respect to such L(lcallJnit or an estimatc of such Local Unit's Rebate Requircment lelr purposes
of determining what amoun\. if any. to the credit t\f the Incomc Suhaccount may bc suhject to
rehate. Any estimate of the Local Unit's Rebate Requircment made by the Investment Manager
shall also he provi(lcd to VPSA in writing. Notwithstanding anything to the ClIntrary in thc
Intelflnation Statement. no disbursement will he madc Ih\lTI the Income Subaccount until thc
:¡IÖrementj()ned calculation shall have been made. Thc amount to thc credit of the InCllmc
Sub<lecount that may be sut:.iect to rebate is the Income Subaccount Set Aside. On the
Withdrawal Date. the Investment :>kmagcr shall (i) rcscrH'. in the Income Subaccount. the
amount of the "Income Subaccount Set Aside" until the next Rehate Computatil\ll required by
Scetion II shall have bcen made and (ii) credit the remainitH! balance to the credit ofthc Income
Subaccount to the crcdit ofthc l.oeal Lnit's Principal Subaccount.
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Section 10. I nvestment Losses.
The Invcstmcnt Manager shall charge any loss realized from the invcstmcnt or
reinvestment of moncys to the credit or the Income Subaccount and the Principal Subaccount of
a Local Unit as follows:
I. losses on moneys to thc crcdit of thc Principal Subaccount sball be charged
thereto; and
2. losscs on moncys to the crcditor the Incomc Subaccount shall bc charged first
to tbe Principal Suhaccount and then to thc Income Suhaecount.
Section 1 I. Rebate Computations.
On or be!l)re eacb Computation Dale. VPSA will prepare. or causc to be prcpared.
in accordancc with the provisillllS 01" lhe i.eller Agreement the Local L1nit Rehate Computations.
The L(leal t;nit Rebatc Computation 1l1r cach I.ocal Unit shall be made llll tbc basis 01" thc
Ill\'('stmcnt Reports maintained by the Investment Manager Illr each Procceds Account.
As set r(mh in the Letter Agreement. the Local LI nit Rcbate Requirement shall be
calculated separately I(>r each Local Unit. II" it is determined. however. that the I,ocal Unit
Rebate Requiremcnt is required to be calculated in the aggregate, the Local Unit Rebatc
Requirement for each Local Unit shall be equal to a pcrcentagc 01" the Aggregate Local Units
Rebate Requirement detennined by lIlultiplying the Aggregate Local t:nits Rebate Requiren1l'llt
by a traction. the numerator of which is the positi\'e Local Unit Rebate Requiremcnt calculated
sl'parately and the dcnominator 01" which is the. StUll 01" all of thc positive Local Unit Rcbate
Requirl'ments calculated scparately.
I I" any provision 01" this Agrcement shall bccollle inconsisknt with any regulation
or regulations promulgated under Section 1-18(1) of the Code subscquent to the date hereoC
VPSA hereby agrees and covenants to prepare. or cause to be prepared. as soon as practicable. a
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NY] ==R.ì(,l;.~(I\·.l
Local Unit Rebate Cl1mputation fix ('ach Local Unit. in compliance with such regulation or
rcgulations. and VPSA. th~ Inv~stm~nt Manager and each llf the Local Units hereby furthc'r
agree and covcnant immcdiately to make any and all transfers and payments relJuired by Sections
12 and 1-1 of this Agreement from any mon~ys on deposit in the Income SuhacCllunt and any
othcr moneys of the I.ocal Unit legally available for such purpose.
Section 12. Transfers to Income Subaccount.
Upon rcccipt hy a LocallJnit of the Rebate Rcport fwm VPSA. ifthc amount on
deposit in the Local Unit's Income Subaccount (including the Incomc Subaccount Set Aside) is
less than the sum of the I.oeal Lnit Rcbate Requir~ment and Yield I<eductjon Pa~"lIlcnt of such
Local Unit. thc Invcstmcnt :'vlanager shall promptly charge the Principal Suhaccllunt of such
Local ¡:nit an amount cqual to thc dctickney and credit its Inwme Subaccount such amount.
To the extent that thc amount on deposit in the Principal Subaccount IS
insul1icicnt to rcmcdy the dclieiency. the Investmcnt Manager shall advise VPSA and such Local
Unit of thc amount or thc rcmaining deiieiel1l:Y. and. to the extcnt permitted by law. thc Local
Unit agrecs to transfcr pfllmptly to the Depository. Irom any funds that are or may he made
legally availahle lì'r such purpose, thc amount equal the rcmaining dcticiency.
To th~ ex [Cot that the amount on depl'sit in th" Income Subaccount ~xceeds the
sum of the Local Unit Rebat~ R~quirement and Yield I<eduction Payment for thc Local Unit.
such exeess shall bc transferred to the Principal Subaccount of the Local Unit.
Section 13. Disposition of Exccss Procccds, Yield Rcstriction and Yield Rcduction
Payments.
1\. When a Local Lnit shall l:Crtily to VpSA and the Investmcnt Manager that
lhcr~ arc balanecs 10 the crcdit of ¡he I.ocal L:nit's Principal Subaccount or Income Subaccount
tlwt will not be used for Capital Pflljects. such amount shall be.: retained in the Proceeds Account
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'l Yl ~·X.;~,fl \1.:"_1
and, to the extent such amount is not required to he deposited to thc Incomc Suhaccount pursuant
to Scetion 12. VPSA wilL exccpt as providcd in the last sentence of this Scction 13A. direct the
Dcpository to apply such amount to redeem such Local Unit's Local School Bonds on thc
earlicst IXlssihle date that such Ronds may bc called without a penalty or prcmium.
\Iotwithstandin~ thc I<'lregoim:, when a Local Unit shall certifv to VPSA and the Investment
... ..... ~ '"
Manager that it has made an election under Section l-lR(I)(-I)(C)(viii) or (ixl of the Code to
terminatl' the Penalty Election, and that, pursuant to Code Section 14S(t)(4)(Cl(viii)(lH) of such
termination election. such Local Unit indicates the amount of Availahle Constmction Proceeds to
he applied to the redemption of its Local School Bonds and the date of such redemption, VPSA
will din:et the Investment \t1anager and the Depository to apply such amount toward the
rl',kmption <.>f such I.oeal Unit's Local Scholll Bonds on the date indicated.
B. If a l.ocal Unit has any balance remaining in either its Principal Subaccount or
Income Subaccount on today . 2010. such ,Ullount shall not he invested at a Yield in excess of
the VPSA', Bond Yield (the "Yield Rcstriction RequiremenC). Except as providcd in Section
13C helow. any halances remaining on deposit in either the Principal Subaccount llr Income
Subaccount of any Local Unit on :'vlay _,2010 will be invcstcd hy the Investment Managcr in
either an Individual Portfolio at a Yield not in excess ofthc VPSA's Rond Yield or Tax-Exempt
Bonds in order to comply with the Yield Restriction Rcquirement.
c:. If amounts on deposit in thc Principal Subaccount or Incomc SuhacCllunt of a
Local Unit qualitied I<')r thc temporary periods set forth undcr Treasury Regulation Sl'Ction
1.1-I8-2(c)(2) or Trcasurv Re~ulation Sectillt) 1.1-18-2(e)(6). such Local Unit mav continue to
. - .
invest such ,¡mounts in the Sì\:AP Fund in accordance with the provisions of the Inl(lrmation
Statement and may wmply with the Yield Restriction Requiretm:nt hy making yield reduction
payments pursuant to Treasury Regulatilln Section 1.1-I8-5(c) ("Yield Rcduction Payments"") to
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>l'r' -s.:¡,o\ll......\
reducc the yield earned alier May _,1010 on any inwstments in either its Principal Subaccount
or Income Suhaecount. On or beJixe each Computation Date. VPSA will prepare, or cause to be
prepared, the Yield Reduction Payment required to be made with respect to each I,ocal Unit in
order to comply with the Yield Restriction Requirement on the hasis of the Investment Reports
maintained hy the Investment Manager for each Proceeds Account. Such Yield Reduction
Payments must he made hy the l.oeal Cnit at the same time and in the same manner as Ihe
Rehate Requirement is required to be paid.
Section 1·40 Rebate Pa~'ments and Penalty Payments, Yield Reduction Payments.
A. The l.oeal Unit Rebate Requirement and Yield Reduction Payment of each
L,)eall.:nit shall be paid to the Lnited States Treasury at the direction of VPSA on hehalf of and
ti,r the accounts of the l.oeal Unit and VPSA in aecord.mcc with the l.etter Agreement.
II. The payment (If the Local Unit Rehate Requirement of each L(leal Unit shall
be in partial satist~lctinn with respect to the VPSA's Bonds, and tntal satisfaction with respect to
the prnceeds of the Local School H(lnds lH1 dep(lsit in .rhe Proceeds Account. of the requirements
ofScetion I-IR(t) of the Code except to the extent that such issue of Local School Ronds may be
treated as a composite issue under Trl'asury Regulation §1.150-I(e) with another issue of
obligations.
C. Nl1lwithstanding anything to the enntrary herein, if VPSi\ has made the
Penalty Uection nn behalf of a Local Unit and if such 1..0ealUnit fails to qualify for one of the
Spending Exceptinns, then, prior to any further disbursements from the Principal Subaccount nr
Income Subaccount. the Local Unit shall promptly request. pursuant to the terms of the
Intimnation Statement. a computation of the amOUIl\ of the Pcnalty that must be paid to the
United States Treasury pursuant to the Penalty Election.
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If the amount on deposit in the l.llcal t:nifs lnclllnc Subaccount and Principal
Subaccount is less than the amount of the Penally due by such Local Cnit. thc Investment
Manager shall advise VI'S¡\ and such Local Unit llf the amount of the deficiency, and to the
extent permitted by law, the Local Unit agrees to translá promptly to the Depository, lÌ"om any
funds that arc or may bc made legally available Illr such purposc, the amount of the deficicncy.
The Penalty of each Local Unit shall be paid to the United States Treasury at the direction of
VPSA on behal!" of and lor the accounts of the l.ocal Units no latcr than ninety (90) days alier
the end ofthc spending period to which the Penalty rclates.
Section 15, )uties of VPSA.
VPSA shall carry out its duties and responsibilities under this Agreement and may
retain agents, independent contractors and others that it deems qualified to carry out any or all of
such duties and rcsponsibilities.
VI'SA shall carry out, or cause to be carried out. all of its responsibilities under
the l.elter Agreement.
VPSA shall retain a copy of all Rebate Computations I()r at kast six (ó) vears
alìer the retirement of the last of VPSA's Bonds.
VPSA agn;:es that. cxc"pt as provided in this Agreemelll, any rebat.:: liability that
VPS¡\ may have on account of the investment and reinvestment of the Gross Proceeds of
VPSA's bonds, including. by way l)f example and not of limitation. any rehat.:: liability as a
result of the investment of money credited to lùnds and accounts created under its bond
resolutions or as a result of the advancc refunding of its bonds. shall be the sole rcsponsibility of
VI'S¡\ and not any Local Unit.
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Section 16. l>uties of the Depository.
Th~ Depository shall carry out its duties and responsibilities under the SNAP
Documents and this Agreement.
Section 17. Duties of Local ([nits.
;\. The Local Units will cooperate with VPSA. the Investment Manager and the
Depository in order to ensure that the purposes of this Agreeml'nt are fulfilled. To that end, each
Local Unit covenants and agrecs that it will take any and all action and rdrain Irom taking any
and all action, as recommended ny its nond counsel, to maintain the exclusion from gross income
I()r federal income tax purposes of intercst on its Local School Bonds to the S1mle extent slll:h
intcre;,t was so excludahle on th~ lÎl1sing Date.
B. I fa I.lleal Unit is re4llired to restrict the Yield on its investments in ordn to
comply with such covenant or to maintain the exclusion from gross incomc for f~dcral income
tax pUf)JLISCS of thc intcrcst (In VI'SA's ßnnds. it shalltimcly notilY thc Invcstmcnt Manager to
rcstrict such Yield to the VI'SA"s Bond Yicid. To the extcnt permitted hy law. each l.ocal Unit
agrees to providc for the payment of any Yield Rcduction Payment required to comply with the
Yicid Rcstriction Re4uirement, lrOln any funds that arc or may bc legally available for such
purposc. Each Ll")(:al I :nit acknowledges that the paymcnt of its Yicld Reduction Paymcnt is
necessary to maintain the exclusion Jrom gross incomc I(lr t~dcral income tax purposes of
intcrest on its I.ocal School Bonds as well as the VI'S/\ 's Bonds. Each Loeal Unit agrees to
complete and to provide to VI'SA such limns as VPS/\ may request I(lr lìling in connection with
the payment ofthc Loeall.~nit"s Yicid Reduction Payment.
C. Each Local Unit agrœs not to charge its general fund or otherwise set aside (Ir
eannark funds with which to pay dent service on its Loeal School Bonds (other than as a buded
item) prior to the date of payment thereof to VI'SA.
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r,;Y I 51¡.~l>tl.;r v.:
D. I'ach Local Unit agrees to provide for the payment of its Local l:nit Rebate
Rcquirement and/or Penalty and aekno\\ledges that the payment of its Local Unit Rebate
Rcquirement and/or Penalty is neccssary to maintain the exclusion from gross inellme fl·)r tèderal
income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each
Local Unit agrees to complete and to provide tb VPSA such forms as VPSA may request lÖr
filing in conncction with the payment oCthe Local Unit Rcbate Requirement and/or Penalty.
E. Each Local Unit hereby covenants and represents that neither the Local Unit
nor any related party. as ddined in Section 1.150-1(11) ofthc Trcasury Rcgulations, tll such Local
Unit. pursuant to any arrangement. IOflllal or inJ,mllaL will purchase the VPSA's Bonds in an
amllunt related to the amount of Local School Bonds to bc acquired from such Local Unit by
VPSA.
Section 18. I~esponsibilitjes fifthI.' Investment Manager.
The Investment Manager shall he the agent oL and serve at the expense oL the
I.oeal l.:nits. to manage and direct the tl'mporary investment and reinvestment llf all moneys to
thc erc'dit of the Procceds Accounts pending thcir disbursement to the Local linits and to makc
such computations as required by this Agreement.
In general. the dutics of the InH'stment Manager shall include those described in
the S~AP D,'cuments.
In particular, the Investment ~.fanager will direct the investment and reinvestment
of moneys to the erc'dit of the Subaeeounts "f each Local Unit in accordance with thc
Inl,mnation Statement. the Contract and this Agreement.
Section 19. Costs.
Costs of SNAP are payable as provided in the In!ilflnation Statement. The
dilkrencc In th.:: intercst rates between VPSA's Bonds and the Local School Bonds shall be
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collected and retained by VPSA as partial payment of the administrative costs incurred by VI'SA
in connection with issuing. carrying. and repaying VPS¡\'s Bonds. and the underwriting
discount, if any. and the cost of purchasing. carrying. and sclling (lr rcdeeming the I.ocal School
Bonds. VPSA will not char(!e anv other ti:e to the Local Units for its services or seek
' - .
reimbursement for its fees .md expenses. including counsel ICes. incurred in connection with the
discharge of its duties and responsibilities under this Agreement.
Section 20. Opinions of Counsel.
On the Closing Date. VPSA and each Local Unit shall furnish an opmlOn of
counsel addressed. in the case of eounscl to VPSA, to all the Local Units. and in the case llf
counsel to the Local Units. to VPSA. to thc dli:ct that the obligations of its client under this
A(!rccmcnt arc \'alid. bindilll! and enl()rceable al!ainst such client in accordance with its terms,
- - -
Seetion 21. Amendment.
This Agn:cmC11l may he allll'ndcd only with thi.' consent of all the atli:-ctcd parties:
provided. howcver. that Ihis Agreement shall bc amended whenever. in the judgment of VPSA,
based on an opinion of its counsel. such amendment is required in order to insure that interest llll
VPSA's Bonds shall remain excludable Irom gross income for federal income tax purpose's to thc
Samc cxlent it was. in the opinion of such counsel. so excludable nn thc Closing Date. VPSA
shall olTer to amend this Agreement whenever it shall in good ¡¡lith detcrminc. hased on an
opinion of its counsel. that anyone or more of the restrictions or rcquirements, imposed by this
Agreement upon the Local Units. or any of them. may be removed or modi tied without advcrsely
affecting thc exclusion of interest on VPSA's Bonds trom gross income Illr Ièderal income tax
purposes,
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1'\'"1 ~¡¡:W.IOv ;
Section 22. Notices.
Whenever notiœ is to be: given pursuant to the: provisions of this Agn:emenL such
notice shall be deemed to have been satisfactorily given lln thL' same day if hand delivL'red or
tckeopicd during regular business hours or three (3) days ancr the date of postmark if mailed.
tirst class mail. postage prepaid. as follows:
[1'10 VPSA. to
Virginia Public School Authority
c/o Stall' Treasurer
by hand
3rd Floor. James \Ionroe Building
101 :-.forth I-Ith Street
Richmond. Virginia 2321 q
by mail
Post Oflice Box 1879
Richmond. Virginia 23218-187'1
by tcleeopier
(80-1)225-3187
in any case
Attention: Public Finance \-fanagcr
If tll the Depository. 10
Waehovia Bank. N.!\.
By hand
1021 East Cary Street
Richmond. Virginia 23219
By mail
Post Ollie.: Box 27602
Richmond, Virginia 23261
By tdecopier
(80-1) 697-7370
In any caSl:
J\ttmtion: Richard H. Grattan
Scnior V ice Presidcnt
[f to the Investment Manager. to
['I'M Asset Manage:ment L1.C
ß Y hand
One [(c'ystone Plaza, Suite 300
N. Front & Market Streets
Harrisburg. P A 1710 1
By mail
One [(eystone Plaza. Suite 300
N. front & \-larket StrL'ets
[[arrisburg. PA 171 () 1
ßy telccopil'r
(717) 233-6073
"
~ n ~¡Ot,n.1~1\, .ì
I n any casc
Attcntion:
Barbara Fava
Managing Dircctor
If to a Local Unit. to the address or tclecopier numbcr indicatcd on the page of
this Agreement executed by such Local Unit.
Anv such addrcss or numhcr mav he chan!lcd bv writtcn noticc !liven to all thc
- . .,...... '" ......
othcr partics to this Agrccmcnt and the Invcstment Manager, cxcept that a Local l.init need givc
such notice only to VPSA, the Depository and the Investmcnt Manager.
Section 23. No Third Party Beneficiaries.
Except as herein otherwise expressly provided, nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person, lim1 or
corporation other than thl' parties hereto any right, remedy or claim, legal or i.'quitahle, unch~r or
by reason of this Agrœment or any pmvision hereoC this Agreement and all its provisions heing
imended to be and being I,)r the sole and exclusive benefit of the parties hereto.
Section 2-1, Severahility.
In ease anyone or more of the provisions of this Agreement shall t,)[ any reason
be held to be illegal or invalid. such illegality or invalidity shall not affect any other provision of
this Agreement and this Agreement shall he construed and enforced as if such illegal or invalid
provision had not been containcd hcrcin. In casc any covenant, stipulation, obligation or
agrecmcnt contained in this Agrcement shall !,)r any reason be hcld to be in violation of law.
then such covcnant. stipulation. ohligation or agrcement shall be deemed to be the covenant.
stipulmion, l)bligation or agreement of the alfccted party to the full extent permitted hy taw.
Section 25. :'110 Personal Liability.
All covenants. stipulations. obligations and agrecments of VI'S¡\ contained in this
Agreement shall be deemed to be covenants, stipulations, obligations ¡U\d agreemcnts of VPSA
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'ly I ~~::¡,rJJu\'.J
to the full extent authoriz<:d ny the laws and p<:rmitled by th<: Constitution of Virginia. 1\'0
<:ov<:nant. stipulation. onligati(>n or agre<:Ill<:nt <:ontained h<:r.:in shall b<: d<:<:med to nc a covenant.
stipulation. obligatil1n or agre<:Illcnt of any present or future membcr. <:mployee or agent of
VI'S:\ or any Local Unit in his individual capacity. No commissioner. ot1iœr. employee llr
ag<:nt of VPSA llr any Local Unit shall in<:ur any personal liability in acting or procceding or in
not acting or not pro<:eeding. in good tilith. reasonanly and in aecordancc with the tenns or this
Agreement and thc applicable laws of the Commonwealth of Virginia.
Section 26. Applicable Law.
This Agreement is executed with th<: intent that the laws of the Commonwealth of
Virginia shall gowrn its Cllnstruetion.
Section 27. Counterparts.
This Agrl'<:Illent may n<: c'xeeuted in one or nlllre counterparts.
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S~~tion 28. F:ff~~tiH Dat~; Term.
This Agreement shall take elTeet on the Closing Date and shall expire on the date
on which VPSA shall make the tinal rl'bate payment n:LJuired by Part D of the I.etter Agreement.
Virginia Public School Authority
By:
Name:
Title:
Richard 1\. Davis
Assistant Secretary and
Assistant Treasurer
Wachovia Hank, :'i.A.
Hy:
Name:
Title:
Richard H. Grattan
Senior Vice President
PF\l Ass~t Managcm~nt LLC
B~':
Name:
Title:
ßarbara I'ava
Managing Director
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NA:\<1E 01-' ISSl:ER:
l'ageloi"2
A. Address for notices, b~' hand, by mail and by tcIeeopier. if any, as referred to in Section
22 aboyc:
n. Authorized Representative(s):
!'lamc
Title
Spceimen Signaturt;
C. Local School Bonds C1osin~ Date (if not :\1:t~. _, 211116 enter Date of Issue of Local
School Bonds):
n. Is the Small Issuer Exception applicable to this Issuer'! (If yes. an opinion of Bond
Counsel and Issucr's covcnant is required as per Section 9 herein).
Yes
No
E. Eighteen Month Exception:
hlimaled Investment Earnings for purposes of the Eighteen-;,\1ol1th Exception: $___
I f any proceeds arc used to refund prior de!:>t. please indicate:
proceeds used to rcìùnd prior debt: $
issuance expense allocahle to thc reti.mding portion oi" thc issuc: S
-1-
SYI .:iXJf>O.1U\"..~
:"/AM~ OF ISSUER:
Page 2 0 f 2
}'. Elections with respect to Two-Year Exception:
I. Election to llse actual làcts in licu of reasllllablc expectations for purposcs of the Two- Y l'ar
Exception:
Yes
1\0
2. Estimated Investment Earnings: $
3. If any procc~ds are used to refund prior debt. please indicate:
(a) proceeds used to rdtmd prior debt: S__
(b) issuance expenses allocable to the refunding portion of the issue:
S
-I. Bitllreation Flection to treat the portion of the issue used for construction as a separate issue:
Yes
No
(fyes. state the portion of the isslle used for construction and non-construction. respectively: (the
SUIll of the 1()lIowing amounts Illust equal the issue price of$
reduced by any pl1rtion used for rcìtmding purposes):
(a) portion of the issue used for eonstmetion: $
(bJ issuance expenses allocable to the C(lnstruction portion of the issm:: $
(el portion of the issue used ¡(or non-construction: $
(d) issuance expenses allocable to the non-ellnstruction portion of the issuc: S
5. Penalty Election to pay One and One-I-Ialf Percent Penalty in lieu of rebate:
Yes
1\;0
City/County
By:
Nalllc:
Title:
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~YI ~S.:H \(\\'.:
LOCAL SCIIOOL ßO;-.lDS
Local Unit
Botetourt County
Principal Amount of Ronds
S
Cily ot"Chesapeake
City of Falls Church
r rederick County
Goochland Counly
HaliElx Counly
Loudoun Counly
Prince Edward County
Prince William Counly
Slamml County
TOTAL:
}[lQ07 A P1\ßl
A-I
S"Yl :'ll.~I,O.~OV';
Exhibit A
Paul'I of I·
e
Purchase Price
s
~
Exhibit B
[No n:quisition is rl'quircd in conjunction with a check payable
to a vcndor in respcct O[¡Ul invoice due and payable.]
FORM OF REQUISITION FOR REIMBURSEMENT BY
PRE-AUTHORIZED ELECTRONIC FUNDS TRANSFER
[To be used for RElMßURSEMENT to a Local Unit from Local
School Bond proceeds for an invoice or obligation that ha~ been
paid and is eligiblc fÒr payment from Local School Bond
proceeds. ]
PI'M Assct Management I.LC
One Keystone Plaza, Suite 300
N. Front & Market Strects
Harrisburg, Pcnnsylvani:\ 1710]
VIRGINIA I)UBLIC SCHOOL AUTHORITY [Namc of Local Unit]
BOND I)ROCEEDS ACCOUNT - SEIUES 2007 A ISSlJE
Requisition from the Principal Subaccount
Requisition No.
("'item numbcr")
This requisition for payment from the Principal Subaccount of the Procceds Account is
submitted in accordance with the provisions of the Proceeds Agrccment dated May _ ' 2007,
among the Virginia Public School Authority ("VPSA ""), the undersigned (the "Loca] UniC) and
the other units of local government signatory therelo, PFM Asset Management I,Le. as
Investment Managcr and Wachovia l3ank. ;\I.A.. as Depository. You are hercby notilied that you
are authorized and dirccted by the Local Unit to pay the ltlllowing obligation from the Principal
Subaccount:
I. The itcm number of such payment:
'} Thc amount[s] to be paid: $_
3. Purpose by general ciassi I¡cation for whieh such obligation was incurrcd:
B-1
NY! 5.Õ<:;('ll::lh'.3
Dated
'\JYI ~ll~(,( .:lh·.1
-I. The date(s) the expenditure(sl was/were made:
To reimburse the Local Unit for costs ofthe
__ School paid by the Local Unit
thruugh _,20_ as follows:
5_ A copy of each supporting finvoice. work order, statement] for which
reimbursement is to be made is attached hereto.
(,. The obligatiunfsl in the stated amountls have been paid, and each item
th<:reof is a proper <:harge against the proceeds or the LocallJnit's Proceeds Accuunt
and has not been the subject ora previous withdrawal from the Proceeds Account_
7. All of which is h<:reby c<:rtitìed_
:'-Jame of Local Unit]
By:
Authorized Local Unit
Representative
B-2
Exhihit C
Virginia I>ublie School Authority
101 North 14th Street
Richmond, Virginia 23219
LETTER A(;RF.EMENT
May _, 2007
Re: Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds oflts Sl2007 A PARI
School Financing Bonds (1997 Resolution)
Series 2007 A
This LETTER AGREEMENT, dated the date shown above (this "Leiter AgreemcnC),
is betwcen the Authority and the Investmcnt Manager. All capitalized terms used hercin shall
have the m,'aning giwn to them in Part E of this Letter Agreement or in Section :2 of the
Proceeds Agreement to which this Lettcr Agreement is attached as Exhibit C.
With respcet to the VPSA's ßonds, the Code requires that an amount equal to thl'
VI'SA's Rehate Requirement be paid to the United States Treasury. With respect to each issue
or Local School Bonds. the Code requires that an amount equal to the Local Unit's Rebate
Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs lhe
Investment Manager. as provided below, to assist VPSA and each Local Unit to comply with the
VPSA"s Rehate Rcquirement and the respective Local Unit's Rebate Requirement.
To enable VPSA and the Local Units to fullill their respeetivc obligations under the
Proceeds Agreemcnt and to make such paymcnts, and to enable the Investment Manager to fultìll
its ohligations lUldcr this Letter Agreement. the Investment Manager will prepare, on or hefore
June I, 2007 and each Junc I thereafìer, the Investment Reports for VPSA as or thc preccding
May _ and each Local Unit as of the preeeding May _. In addition, if a Local Unit has
select,'d a I.ocal Linit Computation Date othcr than an Installmcnt Computation Date or the Final
Computation Date. the Investment \-tanager will prepare the Investment Report It)!" sueh Local
Unit within (7) days after the Local Unit Computation Date. On the basis of such Investment
Reports, VPSA shall cause the Rebate Calculation Agent to prepare (a) the Local Linit Rebate
Computation setting forth the Local Unit Rebate Requirement as of each Computation Date tt)r
each Local Unit with respect to its issue of Local School Bonds as described in paragraph 3 of
Part B hereto ¡md (b) a calculation of the 'Yield Reduction Payment as of each Computation Date
that must be paid by the Local Unit to comply with the Yield Restriction Requirement as
descrihed in Part D hereto. In addition, the Investment Manager wilL based on thc Rehate
Report, transter. within thirty (30) days after the Computation Date of each Local Unit, trom its
Principal Subaccount. if necessary. to its Inwme Subaccount. the amount required su that the
amount to the credit or the lnconle Subaecllllnt of each Local Unit shall equal its Local Unit
Rebate Requirement.
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A. Investment Report
With respect to all Nonpurpose Investments acquired during the term of this Letter
Agreement with Gross Proceeds of each issue of Local School Bonds. the Investment Manager
shall maintain separate Investment Reports for each issue of Local School Bonds.
The Investment Report for each Local Unit shall renect the investments made with
respect to its Proceeds Account.
ß. Re¡'ateJ~omDutation on Local SchooL~smds
VPSA shall compute each Local Unit's Rcbate Requircment with respect to its issue of
Local School Bonds in accordance with the procedure dcscribed below:
I. As of each Computation Date. Vl'SA shall cause the Rebate Calculation Agent to
determine thc Fnture Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds. as
well as any rebate payments made. to such Computation Date in aeeordanec with the
requirements ofthl' Treasnry Regulations. Unless VPSA shall othl'rwise dircct. transaction costs
incurred in acquiring. carrying. sclling or redeeming such obligations, shall be accounted for as
provided in the Information Statement.
2. As of each Computation Date. VPSA shall cause the Rebate Calculation Agent to
determine the future Valuc of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or alklcaled to the Gross Proceeds of thc Local School Honds. as
well as any rebate payments recovered. to such Computation Date in accordance with the
requirements l)fthe Tre~sury Regul~tions.
3. As of each Computation Date, VPSA shall subtract the ~mount computed
pursuant to paragraph 1 from the amount computed pursuant to paragraph 2. Such amonnt shall
bc the '"Local Unit Rebatc Requircmcnt"" as oflhe Comput~tion Date.
-I. Each of the LocallJnits has wvenanted in Section 17 of the Proceeds Agreement
not to chargc its general fund or otherwise set aside or cmmark funds with which to pay debt
service on its Llleal School ßonds (other than as a budget item) prior to the date of payment
thereof to VPSA.
5. The Local Unit Rebate Requirement may he treated as being met and no rebate
computation shall be required with respeet to the proceeds of the VPSA's l30nds applied to
purchase such Local Unit's Local School Bonds if the VPSA receives the opinions and
covenants or eertiliclllion described in Section 9A of the Proceeds Agreement that a Local Unit
meets the rl'quirements of the (a) Six-Month Exceptiun, (11) Eighteen-Month Exception. (c)
Small Issuer Exception. or (d) 1"wo- Year Exception. subject to the provisions deseribecl below.
(a) ~ix-Month Exception. Notwithstanding the t:1et that all of the Gross Proceeds
of the Local School ßoncls are spent within six (6) months of the clate of issue ancl no
other Gross Proceeds of the Local School Bonds arc ,mtieipated fi.lr the remainder uf the
term of the issue. if Gruss Proceeds of the Local School Bonds become available aller the
C-2
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end of the initial six-month period. the Local Unit Rebate Rcquircment shall be computed
with respcct to such (ìwss Proceeds in accordance with the procedure described ahove.
(b) Eighteen-Month Exception. Notwithstanding the tàet that all of the Gross
Proceeds of the l.ocal School Bonds are spent within eighteen (18) months of the date of
issue and no other Gross Proceeds of the Local School Bonds are anticipated for the
remainder of the term of the issue. if Gross Proceeds of the Local School Bonds heeome
available aller the end of the initial eighteen-month period, the Local Unit Rehate
Requirement shall be computed with respect to such Gross Proceeds in accordance with
the procedure deserihed above.
(e) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the
end of calendar year 2007 (i) the opinion of nationally recognized bond counsel that the
Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the
VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (t)(2)
and (3) pursuant to Code Section 1-18 (1)(-1)(1) and (ii) the LoealUnifs covenant that it
shall provide f()r the payment of or reimburse VPSA for its payment of the I,oeal Unit
Rehate Requirement in the event that thl' Local School Bonds of such Local Unit fail to
med all the requirements of the Small Issuer Exception. then no rebate computation shall
he made with respect to the proceeds of VPSA's Bonds applied to purchase such Local
Sclwol Bcmds. Although the Local School Bonds of a Loeal L~nit may qualify lilr the
Small Issuer EXCl'ption, custody, investment and disbursement of the proceeds of the
VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall
continue under the Procecds Agrl'Cment, ruld the Investment M¡mager shall continue to
provide an Investment Report for such Local Unit.
(i. In addition to the foregoing. no rebate computation shall be required with respect
to the proceeds of the VPSA's Bonds applied to purchase a Local Unit's I,oeal School Bonds if a
Penalty Election has been made on behalf of the Local Unit with respect to such Local School
Bonds.
C. ¡\gurel!ate Rebate Computation on l.ocaJ.5ehool Bonds
In the event that the Treasury Regulations require that the Local Units' Rebate
Requircments he calculated in the aggregate. VPS^ shall compute the Aggregate Local Units'
Rebate Requirement in accordance with the procedure set forth below.
I. As of each Computation Date, VPSA shall cause the Rehate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rehate Exceptions or those that have
made the Penalty Election), as well as any rebate payments made. to such Computation Datc in
accordance with the requirements (>f the Treasury Rcgulations.
, As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determinc the Future Value of all nonpurpose receipts reccived with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
C', ,
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in the aggregate (except those qualifying 1llr one of thc Rchate Exceptions or those ihat have
made the Penalty Election), as well as any rehaie rcceipts rccovered, to such Computation Date
in m:cordance with the requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed
pursuant to paragraph I from the amount computed pursuant to paragraph 2. Such amount shall
bc the "Aggregate Local Units' Rebate Requirement" as orthe Computation Date.
D. Yield Reduction Paymcnt
With respect 10 each Local Unit thaI has amounts on deposit in its Proceeds Accounts on
and alier May _, 20 I 0, VPSA shall cause the Rebate Calculation Agent to compute, as or each
Computation Date. the amount that such Local Unit must pay as a Yield Reduction Payment
pursuant to Treas. Reg. Section 1.1-I8-5(c) in order to cause the Yield on the investment of any
mnounts in the Proceeds Account on and aner May _' 2010 to be less than or equal to the
VPSA's Bond Yield. The calculation or such Yield Reduction Payment shall not take into
account any investment activity prior to May ___,2010. Such amount shall be the "Local Unit
Yield Reduction Payment" as or the Computation Date.
E. Rehate Payment
1. Upon the calculation of the Local Unit Rehate Requirement and Yield Reduction
Paymcnt for each Local Unit. VPSA shall notify the Investment Manager thereof. The
Investmeni \1anager shall promptly charge the Principal Subaccount or a Local Unit to the extent
the amount on deposit to the credit or its Income Subaccount is less than the sum of its Local
t;nit Rebate Requirement and Local Unit Yield Reduction Paymcnt and credit its Income
Suhaccount \\ith an amount such that the balmlce to the credit or the Income Suhaccount is equal
to [he SUI]] of its Local Unit Rchate Requirement and Local Unit Yicld Reduction Payment
(taking into account prior amounts crcdited to the Income Subaccount including investment
income thereon). To the extent that the amount on deposit in the Principal Suhaccount is
insuflicil,nt to provide for a deposit to the Income Subaccount such that the halance in the
Incomc Suhaccount is equal to the sum of the Local Unit Rebate Requircmcnt and Local Unit
Yield Reduction Payment for thc Local Unit, thc Investment Managcr shall advisc VPSA and
such Local Unit of the amount or the dctìciency so that the Local Cnit may promptly translÚ to
the Depository the amount required pursuant to Section 12 of the Proceeds Agreement.
2. In addition to the computation of the Local Units' Rehate Requirement, VPSA
shall calculate its Rcbate Rcquirement with respect to Nonpurpose Investments that were
acquin~d with the Gross Proceeds of thc VPSi\'s Bonds in accordance with the proccdures set
forth in the Tax Certificate executed by VPSA in connection with the issuance of the VI'SA's
Bonds.
3. The Local Unit Rcbate Requircment tilr each Local Unit, ir a positive numher.
shall he paid at the direction or VPSA to the United States in installments. Each payment must
he in an alllount not less than the total or ninety percent (90%) of thc Local Unit Rebate
Requircment for each Local Unit as of each Installment Computation Datc. All of the Local Unit
Rehate Requirement must he paid to thc United States within sixty (60) days alìer the Final
C-4
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Computation Date. All of the Local Unit Yicld Reduction Payment as ofeach Computation Date
must bc paid to the United States within sixty (60) days of each Computation Date. Each
payment shall be made not later than sixty (60) days after each Computation Date. Paymcnt
shall be made to the Intcrnal Revenue Service Center, Ogden. Utah 8-120 I and be accompanied
by Form 8038-T. VPSA shall make such payment as rcquired. Investmcnt Reports and records
of thc determinations made hereunder shall be retained by the Investment Manager and by
VPSA. respectively, until six (6) ycars alter the retirement of the last ofVPSA's Bonds.
F. Dctinitious
In addition to the words and terms dc1incd in the Proceeds Agreement to which this
Letter Agreement is attached as Exhibit C. the J(lllowing words and temlS shall have the
/tlllowing meanings:
"Bond Resolution" shall mean the resolution of the Authority adopted on October 23,
1997, as amended and restated on October 5. 1998, and as supplemented.
''Fair Market Price" shall mean the purchase pricc and disposition price of a Nonpurpose
Investment. Any \Ion purpose Investmcnt purchased must be purchased at the Fair Market Price.
An invcstment that is not of a type traded on :ill cstablished market, within the meaning of
Section 1273 of the Code, is rebtlltably presumed to be acquired or disposed of at a price that is
not l'qual to its fair market value. Accordingly, a pn::mium may not be paid to adjust the yield on
:1I1 investment. a lower interest rate than is usually paid may not adjust the yield on an inwstment
and no transaction may result in a smaller pro/it or larger loss th¡m would have rcsulted if the
transaction had been at arm's-length and had the yield with respect to the Bonds not been
relevant 1O either party. Pursuant to Trcasury Regulation Section 1.1-I8-5(d), the /i:lllowing are
safe harbors /ilr establishing the Fair Market Price of ccrtiticates of deposit and guaranteed
invcstment contracts:
(i) Cenilicate of Deposit. A ccrtificate of deposit with a Ii xed interest rate.
tixed payment schcdule and a substantial penalty for early withdrawal will bc dcemed
purchased ttlr fair market value if the yield on the ccrtiticate of deposit is not less than (i)
the yield on reasonably comparable din::et obligations of the (inited States and (ii) the
highest yield published or posted by the provider to be currently available from the
providcr on reasonably comparable certiticatL:s offercd to the public. See Section 1.1-18-
5(d)(6l(ii) of the Treasury Regulations.
(ii) Inve~tment Agreement. Investments pursuant to a guaranteed invcstment
contract will be regardcd as being made at tàir market value if
(a) A bona tide solicitation for a guaranteed investment contract is
made that satisties all of thc tòllowing requircments: (A) the bid specifications
are in writing and arc timely forwarded to potential providcrs, (B) thc bid
speeilications include all material terms that may directly or indirectly affccttlle
yield or the cost of the guaranteed investment contract, (C) the bid spccitications
include a statcmcnt notifying potenlial providcrs that submission of a bid is a
reprcsentation that the potential provider did not consult with any other potcntial
C-5
I\Yl 5lP(,UJ~I\".l
f\,;Yl ~~\tl(,.;rh 3
provider about its bid. that the hid was detennined without regard to any other
li)rmal or inli)rmal agreement that the potential provider has with the Issuer or any
other person (whether or not in connection with the issuance of the Bonds). .md
that the hid is not heing suhmitted solely as a courtesy to the Issuer or any other
pcrson for purposes of satis(ying the requirements contained in Section 1.148-
5(d)(6)(iii)(B)(I) or en of the Treasury Regulations. (D) the terms of the hid
speei lieations are eom~lercially reasonable in that there is a legitimate busincss
purpose for each term other than to increase the purchase price or reduce the yield
of the guaranteed investment contracts. (E) the temlS of the solicitation take into
account the reasonably expected deposit and drawdown schedule for the amounts
to be invested. (F) all poll'ntiaI providers have an equal opportunity to bid and no
potential providcr is givcn the opportunity to revicw other hids (i.e., a "last look")
hef()re providing a hid. ((1) in thClse cases where the Issuer engages a bidding
agent to conduct the hidding. such agent did nClt hid to provide the investment.
and (H) at least threc rcasonahly competitivc providers are solicitcd for bids. A
"rea~onably competitive provider" is a provider that has an estahlished industry
reputation as a compctitive provider of investments of the same type as such
guaranteed invcstlllcnt cl)nlract;
(b) At least three hona tide bids on the guanmteed investment contract
arc received from providers that have no material Iinaneial interest in the Bonds.
The Ii:lllowing arc deemed to have a material linaneial interest in the Bonds: (A)
tbe kad purchaser in a negotiated underwriting transaction until 15 days aner the
issue date of the issue, (Il) .my entity acting as a financial advism with respect to
the purchase of the guaranteed investment contract at the time the hid
speeitications arc forwarded to potential providers. and (C) a provider that is a
related party to a provider that has a material financial interest in the execution
and delivery of the Bonds:
(e) At least one of (he tbree bids received is from a reasonahly
competitive provider, as described above;
(d) The winning bidder provides a certificate that (A) lists the
recipients. amounts and purposes of any brokerage fee. placement fce.
commission or administrative costs that it is paying (or expects to pay) to third
parties in connection with supplying the guaranteed invcstment contract. (H)
states that the yield on thc guaranteed investment contract is not less tban the
yield available from the provider on reasonably comparable guaranteed
investment contracts orti:red to otber persons from sources of funds other than
gross proceeds of tax-exempt obligations, and (C) in those agreements wherein
the Issuer deposits amounts (other than amounts deposited in debt service fìmds or
reasonahly required reserve or replacement funds) stales that the Issucr's draw-
down schcdule was a signiticant bctor in determining the terms of the guarantœd
investment conlraCl:
(e) Tbe highest yielding guaranteed investmcnt contract For which a
bona lide hid was madc is purchascd (determined net of brokcr"s f<:es. if any); and
C-6
(I) The fè¡llowing reellrds arc retained with the bond documents until
three years aticr thc last outstanding Bond is redeemed: (A) a copy of the
guaranteed investment contract. (B) the receipt or othcr record amount actually
paid lor the guaranteed invcstment contract, including a record of any
administrative costs paid and thc ccrtilication under subsection (d) hcreof, (el for
each bid that is submitted, the name of the person and entity submitting the bid,
the time and date of the bid. and the bid results. and (D) the bid solicitation form
and, if the terms of the guaranteed investment contract deviated from the bid
solicitation lorm or a submitted bid is modified, a hrief statement eXplaining thc
dcviation and stating the purpose lè,r the deviation.
"Future Value" of a payment or receipt at thc end of any period is determined using the
economic accmal method and equals the valuc of that payment or receipt when it is paid or
received (or trcatcd as paid or received). plus interest assumed to be earned and compounded
over the pcriod at a rate equal to the Yield on the VPSA's Bonds. using the same compounding
interval and financial conventions used to compute that yield.
"Gross Proccl'ds" shall have the meaning ascribed to such term III Section 1-18 of the
Code and shallmcan:
(a) amounts actually received llr constructively receivcd by VPSA
from thc sale of thc VPSA's Bonds and the amounts actually or constructively
reeeived hy the Local Units Irom the sale of the Local School Bonds. other than
any intcrest accming on thc VPSA's Bonds from the datcd dak to the issue date
of sue h bonds:
(b) amounts treated as Transl"erred Proceeds (as dclìned in Treasury
Regulations Section 1.I-IR-9) of the VPSA's Bonds or the I.ocal School Bonds. if
any:
(c) amounts that are rcasonably expeetcd to be or arc in tilct used to
pay debt service on the Bonds including amounts in thc sinking fund portion of
thc 1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund
under the Bond Resolution:
(d) securitics or obligations pledged by the VI'SA or Local Unit as
security for payment 01" debt service with respect to the VPSA's Bonds or the
Local School Bonds:
(e) anlounts received with respect to any invcstments acquircd with
Gross Proceeds for the purpose of carrying out the governmental purpose lor
which the VPSA's Bonds or the Local School Bonds were issued. including the
Local School Bonds. except that such amounts shall nllt include amounts. if any,
that are properly allocable to qualilied administrative costs recoverable under
Treasury Regulation Secti,)n I.l-lR-5(e) or to the higher yicld permitted under
Treasury Regulation Section 1.148-2(d) or Section l-l.ì(g) of the Code:
C-7
~Yl 5R.:(,().;()\"..~
(t) amounts treated as "replacement proceeds" 01" the VPSA's Bonds
or the Local School Bonds within the meaning of section 1.148-I(e) of the
Treasury Regulations;
(g) any I"unds that are part of a reserve or replacement fund for the
VI'S.^. Bonds or Local School Bonds; and
h)
(
amounts received as a result of investing any (¡ross Proceeds.
Gross Proceeds shall include mnounts that arc on deposit in the Income Subaccount to the
extent that such amounts are derived from (¡ross Proceeds of the VPSA's Bonds or the Local
School Bonds. The determination of whether an amount is ineluded within this delinition shall
be made without regard to whether the amount is credited to any I"und or account established
under the Bond Resolution, or whether the amount is subject to the pkdge of the Bond
Resolution.
For purposes of suhseetion (d) above. an amount is pledged to pay principal or interest
with respeet to VI'SA' s Bonds or Local School Bonds if there is a reasonable assurance that the
amount will he available for such purposes in the event that the VPSA or L(l(;al L:nit encounters
tinaneial diJlïeulties. An amount can be indirectly pledged to pay principal or interest with
respect to VPSA's Bonds or Local School Bonds il"it is pledged to a guarantor of either or hoth
sueb bonds. An amount may bt- "negatively" pkdged to pay principal or interest with respect to
VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at
a particular level for the dirL'et or indirect benctit ofthe holders of the bonds or a guarantor of the
honds. An amount is not negatively pledged however ¡f(i) VPSA or the l.oeal Units may grant
rights in thL' amount that are superior to the rights 01" the holders 01" the bonds or a guarantor of
the bonds. or (ii) the amount does not exceed reasonable needs Illr which it is maintained, the
required level is tested no more frequently than every 6 months. and the amount may be spent
without any suhstantial restriction other than a requirement to replenish the amount by the next
testing date.
II" a decision is made to apply any insurance or condemnation proceeds to the redemption
of VPSA's Bonds or Local School Bonds instead of using such proee('ds for repair or
replacement. any such proceeds become Gross Proceeds on the date of such a decision.
The dclinition of Gross Proceeds has been set out in full for the sake of completeness.
With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local
Unit's Proceeds Account except to the extelit that the Local School Bonds may he part of a
composite issue under TreiLsury Regulation * 1.150-1(e), or the Local Unit may have retained
Transferred Proceeds. With respeet to the VPSA's Bonds, all of its Gross Proceeds are the total
of the amounts on deposit in the Proceeds AeL'ounts of the Local Units, except as provided
ahove, and the amounts on deposit in the sinking I"und portion of its 1997 Income Fund under the
Bond Resolution and the 1997 Sinking Fund under the Bond ({L'solution.
"Investment Report" shall me¡m the record of investment activity mainlainL'd by the
Investment \1anager with respect to the investment property and the Local Units. as described in
the Contract.
C-8
NYl58.\(,(j.H)\"j
"Local Unit's Rebate Requirement" shall mean the sum of (i) the excess of (A) the
aggregate amount earned on alll'onpurpose Investments acquired with the Gross Proceeds of the
Local School Bonds over (B) the amount that would havc been earned if the Nonpurpose
Investments had a Yield equal 10 the VPSA's Bond plus (ii) any income attributable to the excess
described in clause (i).
"Nonpurpose Investments" shall mean any security, obligations, mlnuity contract or any
other investment-type property (as such ternl is de tined in Section 1.14&-1 (b) of the Treasury
Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or
the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments.
Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase
price of the Nonpurpose Investment is the rair Market Price.
"Rebate Calculation Agent" shall mean that accounting tinn with a f:'lVorable national
reputation in the field of the calculation of amounts subject to rebate to the United States under
Section 148(1) of the Code and the Temporary Regulations that has been appointed under Section
7.2 of the Contract or by VPSA.
"Tax-Excmpt Investments" shall include:
(i) l,bligations the intcrest on which is excludable Irom gross income Iflr
lèderal income tax purposes. and not treated as an item of tax prelerence undcr
Section 57(a)(5)(C) of the Code.
(ii) stock in a regulated investment compmlY to the extcntthat at lcast 95%
of thc income to thc holder of the inten:st is excludable from gross income under
Section 103 of the Code. and
(iii) cerlilicates of indebtedness issued by the Vnited Slales Treasury
pursuant to Delmmd Deposit State and Local Government Series program
described in 31 erR part 34-1 ("SLGs").
"Treasury Regulations" shall mean the Trcasury Regulations Sections 1.148-0 through
1.1-18-11, 1.149(b)-1. 1.1-I9(d)-1. 1.1-19(e)-I, 1.1-l9(g)-I, Scction 1.150-1 and Scction 1.150-2, as
amend.:d from tim.: to time h.:reafter, and other regulations promulgated und.:r Section 1-18 of
the Cod.:.
"VPSA's Rebate Rcquircment" shall mean the sum of (i) the excess of (A) the aggregate
amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's
Bonds over (8) the amount that would have been earned if the Nonpurpose Investments had a
Yicld equal to VPSA's Bond Yield plus (ii) any income attributable to thc excess described in
clause (i).
"Yield", for purpos.:s of this Letter Agreement, shall be calculated pursuant to the
Treasury Regulations by means of an actuarial method of yield calculation whereby "yield"
means that discount ratc which, when used in computing thc present value of all the
unconditionally payable payments of principal and intercst and all the payments fill a qualitied
guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue
C-9
NYI 5KW:~llv.J
,
price of the bond. For purposes of this Letter Agreement. the Yield on VPSA's Bonds is
_._____~·ó. The Yield on investments must be computcd by the use of the same frequency
interval of compounding interest as is used in computing the Yield on the VPSA's Ronds and the
Local School Ronds.
('-10
!\lYI ~IP{'ll:(I\"
'.
G. Amendments
In order to comply with the covenants hy VPSA and each of the Local Units regarding
compliance with the requirements of the Code and the exclusion trom lederal income taxation of
the interest paid and to he paid on the Local School Bonds and VPS^,s Bonds, the procedures
described in this l.etter Agreement may he modified as necessary, based on the advice of
counsel. to comply with rulings, regulations. legislation or judicial decisions as may be
applieahle to such honds.
Very tmly yours,
VIRGINIA PUBLIC SCHOOL AlJTHORITY
By:
Name:
Title:
- - -
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Accepted: PFM Asset :Vlanllgcment LLC
By:
:--¡amc: l3arbara Fava
Title: Managing Director
C-II
SYI 5R3t>OJOv.l
..
Exhibit J)
AUTHORIZEJ) REPRESENTATIVES
The liJllowing are the Authorized Representatives of Virginia Public School Authority,
Wachovia Bank, N.A. and PfoM Asset Management LLC:
VIRGINIA PUBLIC SCHOOL AlJTHORITY:
Name
Title
,Specimen Signature
Richard A. Davis
Assistant Sceretary
and Assistant Treasurer
Evelyn R. Whitley
Assistant Secretary
and Assistant Treasurer
WACIIOVIA BANK, :"I.A.:
Narn~
Title
1ill-.;citm'n Sigllature
Richard II. (¡rattan
Senior Vicc President
PI<'M ASSET MANAGEMENT LLC:
Name
Jltle
Snecimen Signature
Barbara I" Fa\'a
l'vlanaging Director
D-I
SYI5lDóO)Ov.'
<fl~
-
.....,.
.~ ~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church AVl'llue. S. \\'.. Ruom456
RU~L11tJke, Virginia 14011-1536
Tckphom': (5'¡0) S53-2541
Fa:1( (5-1.0) S53-11..t5
E-mail: ('leI k@roanokc\'a.gov
SIII'I!." r<.IIARnlA:-.I
D~puly City Clt'rk
STEPHAJ,IE M. ~100r<. CMe
CltyClt'rk
March 22, 2007
File #467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37713-03 I 907 appropnatlng
funds from the Qualified Zone Academy Bonds and to decrease funding from
VPSA Bonds for the Patrick Henry High School Project, and amending and
reordaining certain sections of the 2006-2007 School Capital Projects Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
Sincerely,
# M,~~
ephanie M. Moon, CMC c..-'-
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Marvin T. Thompson, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
-x-7
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2007.
No. 37713-031907.
AN ORDINANCE to appropriate funding from the Qualified Zone Academy Bonds
and to decrease funding from VPSA Bonds for the Patrick Henry High School Project,
amending and reordaining certain sections of the 2006-2007 School 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 2006-2007 School Capital Projects Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from QZAB
Appropriated from Literary
LoanNPSA Bond
Revenues
QZAB - Patrick Henry High School
VPSA Bond - Patrick Henry High
School
31-065-6066-9109
$ 1,097,571
(1,097,571 )
1,097,571
31-065-6066-9006
31-065-6066-1464
31-065-6066-1368
(1,097,571 )
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
. rn MW
City Clerk~
WOODS ROGERS ~
l.iI'PHI;!: J. i\. ('1 F.\1(1
¿;.. { '.I:-:.L77~X
l·lt:mlli.~ W~l('l1. .;r\\gt:ISX{lm
ATTORNEYS
A T
LAW
March 2, 2007
City Council
City of Roanoke, Virginia
Roanoke, Virginia
Re: Resolution Authorizing the Issuancc of Not to Exceed 53,680,000 Gencral
Obligation School Bond of the City of Roanokc, Virginia, Serics 2007-A
Gentlemen and :VIs. Mason:
Our finn serves as bond GOunsel to the City and thc School Board in conncc.tion with
ccrtain school hond financings. On October 10, 20()6, the School Board of the City adopted a
resolution authorizing the tiling of an application to the Virginia Public School Authority
(VPSA) for bond financing of up to 5-1,R30,000 to finance a portion of the cost of rebuilding
Patrick I Ienry High School (thc ·'Projcct"). On Novcmber 20,2006, fòllowing a public hearing
pursuant to thc Public Finance Act, Council adoptcd Rcsolution No. 37(i31-112006 indicating its
intcntion to issue debt obligations in an amount not to excecd $-I,830,()()0 to finance a portion of
the cost of the Project.
The VPSA application \Vas liled on January 26, 2007, seeking bond financing in an
aIllount not to exceeù $3,680,000, and was approved by the VPSA on January 26, 2007. The
reduction in the amount of VI' SA financing sought in the VPSA application from the amount
contemplated by the School Board and City Council resolutions mentioned above reflects the
successful issuance by the City on December 27, 2006, of its interest-free S 1,097,571 Qualified
Zone Academy Bond, the proceeds of which were used for the Project.
I have prepared and attach for your consideration a final bond resolution approving the
VPSA school bond tinancing in an amount not to exceed $3,680,000. The resolution approves
the details of the bond, including an estimated debt service schedule and related documents. and
authorizes and directs the Mayor or the Vice Mayor and thc Clerk or any Deputy Clerk ofthc
City to execute and deliver the bond to the Virginia Public School Authority. Following
adoption of the resolution, the linancing is expectcd to be finalized and proceeds available to the
City on or around May 10.2007.
_~-~Sincerell'?
- U
___.h _ '-:-__:'=. ~
George J. A. Clemo
PO. B1.1X ]~L!5.' Ro.:mokc. Virginia ~·IOJS--l-l25
,'#/CJ/ f::'5~ I. {J778:!6-00D58·¡)j J lfJ South kflt-T....UTl Slrccl. SUite I.. .OO
~·Il %3-7600! Fax 5-10 9gJ-ì711;' mail~i/wrl()(lsmgl·rs.l·()m
()ffi.:es :11...0 In BI::1l:k.,;;olJrg. Danvilk. Lym:hhurg and RIchmond. Virgmia
City Council
Page .;
cc: William Hackworth, City Attorney
William Wingficld, Associate Supcrintcmlcl1l, Roanokc City Schools
{!IIOll·:.;~ I. (}?ï<\~()·Of}058-0!.'
lõ,;8r.,'i\'i_!
f¡77,':(./l{j!l. JVI
CITY OF ROANOKE
DEPARTMENT OF FINANCE
.JESSE A. IIALL
Director 01' Finance
~1II.UI. Jl·';SO:_]HlII;~((i roanoke.va.lIs
"15 Church A venue. S. W.. Room 461
P.O. ßl)X 1220
Ruanoke. Virginia 24006-1220
Telephone: (540) 85.1-"8" I
Fax: (540) 85.1-614"
A:'oIN H. SHAWVER
))cput~· Direclor
C1T1:1i1. ;In.n_sh;¡wn:[·ii'':l.r,'all'''~{'.\"alJs
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian j. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Resolution Authorizing Issuance of Not to Exceed $3,680,000 Virginia
Public School Authority (VPSA) Bonds - Patrick Henry High School
Background and Current Situation:
In July 2006, City Council was informed of the additional cost of approximately
$6. I million to finalize the Patrick Henry High School construction project. To
fund these costs, the City agreed to support debt issuance adequate to fund
construction costs of approximately $4.6 million. The Schools will provide annual
funding of debt service on these bonds.
In November 2006, authorization was made by City Council to issue VPSA general
obligation bonds of up to $4.83 million in order that bond proceeds of $4.6
million may be obtained. At that time, funding of $4.6 million was appropriated
for the Patrick Henry High School project in the School Capital Projects Fund in
advance of issuance of the sale of VPSA Bonds.
In December 2006, Qualified Zone Academy Bonds (QZAB) of $1,097,571 were
issued to fund a portion of the final construction costs. The QZAB initiative is a
federal program that provides interest-free financing for qualifying schools based
on their ability to secure private contributions and to work with private businesses
to increase graduation and employment rates. It is available for schools with at
least 35 percent of students in the free lunch program. Since the QZAB funding
became available to the City, it was determined to be the most financially
advantageous due to the lower borrowing costs associated with it.
Honorable Mayor and Members of Council
March 19, 2007
Page 2
Based upon the amount of QZAB funding secured, the VPSA funding may now be
reduced. While construction proceeds of $3,502,429 are needed for the project,
issuance of up to $3.68 million is recommended for approval to ensure that
adequate funds are received in the event that the bonds are issued at a discount.
Recommendation:
Adopt the accompanying resolution to authorize the issuance of Virginia Public
School Authority (VPSA) Bonds in an aggregate principal amount not to exceed
$3,680,000 for construction of Patrick Henry High School.
Adopt the accompanying budget ordinance to decrease funding provided by the
VPSA bonds and increase funding provided by the QZAB in the amount of
$1,097,571.
Sincerely,
Qh¥- A tWJ
Jesse A. Hall
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Marvin T. Thompson, Superintendent of City Schools
Richard Layman, Chief Academic Officer, Roanoke City Public Schools
I)
.~~. '.
. .
. .
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church AVl'nue. S. W.. Room 45~
Roanoke. Virginia 24()11-153~
Tt'lepll(1ne: (5-101 S5.l-2541
Fa.': 154(1) ~5:ì·11" '5
E-mail: cler .;@roallukc\'a.go\'
SHEILA N. HAR"IU·\~
Depuly Cily Clerk
STEPHANIE ~f. MOO~. Ole
CilyClcrk
March 22, 2007
File #467
Cindy H. Poulton, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 2403 I
Dear Ms. Poulton:
i
I am enclosing copy of Budget Ordinance No. 37714-03 I 907 appropriating
funds from the Commonwealth government to support various school grants
and programs, as well as to appropriate funding from the 2006-07 Capital
Maintenance and Equipment Replacement Program for the Patrick Henry High
School Project, and amending and reordaining certain sections of the 2006-
2007 General, School and School Capital Projects Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
~ereX
~~~·~m.~D'IIJ
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Marvin T. Thompson, Superintendent, Roanoke City Public Schools,
P. O. Box 13145. Roanoke, Virginia 24031
~*'')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
lbe 19th day of March, 2007.
No. 37714-031907.
AN ORDINANCE to appropriate funding from the Commonwealth government to
support various school grants and programs, as well as to appropriate funding from the
2006-07 Capital Maintenance and Equipment Replacement Program for the Patrick Henry
High School Project, amending and reordaining certain sections of the 2006-2007 General,
School and School Capital Projects Funds 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 2006-2007 General, School and School Projects Funds Appropriations be,
and the same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to School Fund
Transfer to School Capital Project Fund
Fund Balance
Undesignated Fund Balance-Schools
School Fund
Appropriations
Testing Fee Tuition
Stipends for Extra Duty
Social Security
Student Incentives
Transportation Services
Food
Instructional Resources
Materials and Supplies
Other Supplies
Teacher Stipends
Social Security
Facility Equipment
Furniture
Transfer to School Capital Projects
Fund
Revenues
01-250-9310-9530
01-250-9310-9531
$913,745
138,513
01-3324
(1,052,258)
30-062-6705-0382-6138
30-062-6909-0129-6100
30-062-6909-0201-6100
30-062-6909-0313-6100
30-062-6909-0583-6100
30-062-6909-0602-6100
30-062-6909-0613-6100
30-062-6909-0614-6100
30-062-6909-0615-6100
30-062-6910-0129-6100
30-062-6910-0201-6100
30-065-7600-0821-6681
30-065-7600-0822-6681
30-066-7700-9531
$7,048
7,139
546
1,773
355
355
710
710
234
4,645
355
461,223
430,000
(138,513)
· State Grant Receipts
State Grant Receipts
State Grant Receipts
Transfer from General Fund-CMERP
Fund Balance
Undesignated Fund Balance-Schools
30-062-6705-1100
30-062-6909-1100
30-062-6910-1100
30-060-6000-1356
30-3324
School Capital Proiects Fund
Revenues
Transfer from General Fund-CMERP
Transfer from School Fund
31-110-1234-1356
31-110-1234-1127
7,048
11,822
5,000
891,223
138,513
$138,513
(138,513)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
4+-:-~;,.;: .J rn. ~
I~ú.f"j City Clerk. . r·
City of Roanoke
School Board
P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951
David B. Carson,
Chair
Alvin L. Nash,
~·'lCC Chair
Jason E. Bmgham
~1oe G. Huff
William H. Lindsey
Courtney A. Penn
Todd A. Putney
Marvin T. Thompson,
5l.lpe,rÍ/J!¿>f.ldell!
Cindy H. Poulton,
Clerk of the BOð/d
March 19,2007
The Honorable C. Nelson Harris, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its meeting on March 6, the
Board respectfully requests City Council to appropriate monies to the following
programs:
· $891,223.00 from the Capital Maintenance and Equipment Replacement
Fund. The funds will be used to purchase facilities and maintenance
equipment and furniture for Patrick Henry High School.
· $7,048.00 for the Industry Certification, Licensure Testing, and Occupational
Assessments program to provide for the reimbursement of costs associated
with student credentialing. This new program will be reimbursed one
hundred percent by State funds.
· $11,822.00 for the Project Graduation Academy grant to provide remedial
instruction for seniors who are at risk of not graduating. This continuing
program will be reimbursed one hundred percent by State funds.
· $5,000.00 for the William Fleming High School Honor Schools Project
Graduation Expansion grant to provide funds for middle and high school
instruction to students requiring remediation in English/Reading/Writing and
Algebra I. This continuing program will be reimbursed one hundred percent
by State funds.
The Board thanks you for your approval of the above requests.
Sincerely,
~.P~
Cindy H. Poulton, Clerk
re
cc:
Mr. David B. Carson
Mr. Marvin T. Thompson
Mr. William C. Wingfield
Mr. Kenneth F. Mundy
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mrs. Ann H. Shawver
Ms. Lori Van Curen (with
accounting details)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
.JESSE A. HALL
215 Church Avenue, S,W.. Room 461
1',0, Box 1220
Roanoke. Virginia 24006-1220
T dephone: (540) 853-2821
Fax: (540) 853-6142
ANN II. SHAWVER
llt'(luty Dirrrtor
l'1T1:Jil' :JJln_sha\\\"l'ni..:i lll:Ul,lk..:\'a.1J~
J)Înol' t1r of Finance
crnail:jessC'_haI101i'ci.Tt.;¡n'lkc.\"a 1I.~
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: School Board Appropriation Request
As a result of official School Board action at its meeting on March 6, 2007, the Board
has respectfully requested that City Council appropriate the following funds:
· $891,223 from undesignated fund balance for the Capital Maintenance and
Equipment Replacement Program. The funds will be used to purchase
facilities and maintenance equipment and furniture for Patrick Henry High
School.
· $7,048 for the Industry Certification, Licensure Testing, and Occupational
Assessments program to provide for the reimbursement of costs associated
with student credentialing. This new program will be reimbursed one
hundred percent by State funds.
· S 11,822 for the Project Graduation Academy grant to provide remedial
instruction for seniors who are at risk of not graduating. This continuing
program will be reimbursed one hundred percent by State funds.
· $5,000 for the William Fleming High School Honor Schools Project Graduation
Expansion grant to provide funds for middle and high school instruction to
students requiring remediation in English/Reading/Writing and Algebra I.
This continuing program will be reimbursed one hundred percent by State
funds.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined above. The budget
ordinance will both appropriate the CMERP funding requested and also correct the
fact that too much funding was previously appropriated from the School Fund. This
occurred when funding was appropriated based on unaudited results, and the final
Honorable Mayor and Members of Council
March 19, 2007
Page 2
audited amount of School Fund balance was lower due to some final adjustments to
expenditure accruals. The correction of $138,513 in the School Fund will be offset
by an adjustment of the same amount of the schools share of the City's General
Fund balance.
Sincerely,
t)~4#d!
Jesse A. Hall
Director of Finance
JAH:ca
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Marvin T. Thompson, Superintendent of City Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. \V.. Rllt)ITI 456
Roanoke. Virginia 24011-1536
Telephone: 15·1()¡85J-25"¡¡
Fax: 15'10) R53-1145
E·mail: ~krk@roanokc\'a.!;o\'
SHEILA N. HARnlAN
Deputy City Clt-rk
STEPHANIE M. MOON. CMC
Cil)' Clerk
March 22, 2007
File #24-67
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No.3 77 15-031907 amending and reordaining
§24-97, Possession or consumPtion of alcoholic beveraqes, of Article IV, Parks,
of Chapter 24, Public Buildinqs and Propertv Generally, Code of the City of
Roanoke (l979), as amended.
The above referenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
Sincerely,
AAJÞ-; In. ~11t>v
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: The Honorable James R. Swanson, Chief Judge, Twenty-Third Judicial
Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
Darlene L. Burcham
March 22, 2007
Page 2
pc: The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable M. Frederick King, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable Joseph P. Bounds, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic
Relations District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail
to Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Kozuo Webb, Office of the Magistrate
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Steven C. Buschor, Director of Parks and Recreation
~\o1
J:-.I THE COUNCJL OF THE CITY OF ROA!\OKE, VIRCiTNJA
The 19th day of March, 2007.
No. 37715~031907.
AN ORDL'\!At"JCE amending and rcordaining §2-1-97, J~ossession or conslln)JJtio!1 .Qf
ßI,_o_holic beycral:cs, of Article IV, Parks, of Chaptcr 24, public BuildinQs and Pf\)perI}'
Generally, Codc of the City of Roanokc (1979), as amended; and dispensing with the second
reading by titlc of this ordinance_
BE JT ORDAINlm by the Council of the City of Roanoke as follows:
] - Scction 2-1-97, I'Qss_cssion or consumption of alcoholic bcveqge~, of Article IV,
Parks, of Chapter 24, PuhEç Buildings and Propcrtv Ci:e!lerally, Code of the City of Roanoke
(1979), as amended, is hereby amcnded and reordained to read and provide as f,)lIo\\'s:
§24-97_ Possession or consumPtion ofalcºlli~Fc;J2".y,rages_
* * *
(b) Subsection (a) of this section notwithstanding, the city manager is hereby
autll0rized to allow alcoholic beverages to be consumed on the premises
of Elmwood Park, Century Square at Church Avenue, S.E., across from
Fire Station No_ 1 ("Century Square"), Mill ]'vlolllltain Park (ineluding the
Discovery Center), Mountain View and First Union Plaza at Market
Stœct, S.E., adjacent to the Market Square Walkway ('"First Union
Plaza"), hereinafter collectively referred to as the "designated park
facilities," under the following conditions:
* * *
(5) No city alcohol pemlit shall be issued which shall allow thc
possession, or consumption, distrillHtioB or sale of alcoholic
beyerages Øf-aftcr IO:()() fl.nr.- 12:00 a.m. (midnight)ef--aft'y'-day, or
the distribution or sale oj alcoholic beverages )(!I"/l'~fìl'e (-15)
mil/utes prior to the required cessation oj the event for ¡"hieh ¡he
permit is issued_
* * *
(8) Each applicant, other tflaB the city sflecial é)Ye!ltS-£6I1uni-ttee; shall
obtain insurance. oj' a type and for an amouni acceptable io the
offic.c of risk managcmcnt for thc city. The issuance ofIhe city's
alcohol pem1it shall bc conditioned upon the applic.ani providing a
0-24-97 A1<.:ohol bcverages
copy of a certificate of insurance, evidencing appfL\priate and
acceptable insuranc.e, at thd time of application;
* * *
2. Pursuant to Section ] 2, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
jp:¡l .,y ¡..J fh, n;~
Stephanie M. [,v100ll, CMC
City Clerk.
(l-2·1-~ 7 Ak(\hol bcvcra.gcs
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
\i\\l.'! C. T.ly'lllr f'v1unicipal Building
21::; Churçh A\'L'nue', S.\V.. RO\llll 36-l
Rnano\..:e, Virginii.1 :!-!In 1-1591
T(· (T17"I1I.': ,:-;.)II¡ ·":·~.\-~.l~.""
¡:, \: (:,\-ll) i ,,:; ~- J 1.....:-;
("11\" \\"vl" \\"W\\' r",m'I"t·\.L.\~P\·
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Mayor
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Amendment of Section 24-97 of
the Code of the City of Roanoke
(1979), as amended
City Code Section 24-97 currently allows for the possession or consumption of
alcoholic beverages within designated park facilities until 10:00 p.m. with the
approval of the City Manager. Recently, groups desiring to utilize the
Mountain View Center, one of the designated park facilities, requested
permission to serve alcohol at this facility for an event beyond 10:00 p.m.
Upon review of the applications received, the types of events for which alcohol
consumption is approved and the timeframe currently provided for in the
Code, it is recommended that the time period for the possession or
consumption of alcoholic beverages be extended to 12:00 a.m. (midnight) of
the day for all of the designated facilities, upon approval by the City Manager.
It is further recommended that the distribution or sale of alcoholic beverages
cease no less than forty-five minutes prior to the time limitation for
consumption and possession of such beverages as indicated on each permit,
but no longer than midnight, regardless of the event's conclusion.
The ability to extend the hours by which groups would be allowed to serve and
consume alcohol allows the city to better serve our customers and to increase
utilization of such facilities by various civic groups and organizations desiring
HonOrdbi( i',,"'(ly(,;r ancll'v1C'll:iwrs of City C~)L1ncil
March 1 '\ ~OOi
Pa~1e 2
to hold events such as receptions, fundraisers, etc., that run later into the
evening. The cessation of sale and distribution forty-five (45) minutes prior to
the time limits on possession and consumption will also provide for sufficient
time for the event-goers to complete any consumption prior to the end of the
event.
All alcohol permit applications will continue to be reviewed and approved by
the City Manager on an individual basis to ensure compliance with all
regulations and procedures contained in Section 24-97.
Recommended Action:
Adopt the ordinance amending Section 24-97, Code of the City of Roanoke
(l979), as amended, attached to this report.
Darlene L. Bu cham
City Manager
DLB:SCB:na
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Acting Asst. City Manager for Community Dev.
Steven C. Buschor, Director of Parks and Recreation
CM07-00033
..
it
-,' ...
'IJ;;" ,.
~e,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church ;\\'l'I1Ul:'. S. \V.. R(lOm 45fl
R(l~moke. Virginia 2·iO 11-15~6
Tt'lt'phone: CS" () H5.1 ~5-H
¡';ax: (5·1U) :-iSJ 1145
E-mail: .:k-rkl!:'rnan\)kl'\·a.~Ll\'
SHElI.A ~, II.\R1U,\~
Dl:puty ('lty Ckrk
STEPHA~IE,\I, \IOO~, C,\fC
C:il~ ClI'rk
March 22, 2007
File #24- I 10
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
A measure amending Article II, Civic Center, Chapter 24, Public Buildinos and
Propertv Generallv, of the City Code, in connection with the Civic Center
Commission was before the Council of the City of Roanoke on Monday,
March 19, 2007. By consensus, the measure was tabled in order to allow
further discussion between the City and members of the Roanoke Civic Center
Commission.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
Wilhemina Y. Boyd, Director of Civic Facilities
Paul P. Anderson, Chair, Roanoke Civic Center Commission, 1335 Ivy
Street, S. E., Roanoke, Virginia 24014
v
ø:;~
I A,
"
.~~ ..
. .
i(S
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A,·clIl". S. W., Room '¡56
RO:llloke, Virginia 24011-1536
Tt'lt'phon~: ('~40) 8S]·25~1
FIIX: 1541118::;.1-1145
E-mail: dl·rk@ro:mokeHl.gO\"
SHEILA~. HARTMAN'
f)cpuly Citf Clt'rk
STEPH^~n: 1\.1. MOON. CMC
Cil""C'lerk
March 22, 2007
File #1 5- I 10-243
Ms. Nicole Ashby
210 Bailey's Cabin Lane
Boones Mill, Virginia 24065
Dear Ms. Ashby:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 19, 2007, you were appointed as the City of Roanoke's
representative to the League of Older Americans Advisory Board, for a term ending
February 28, 2008.
Pursuant to Section 2.2-3702, Code of Virginia (J 950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be
provided with a copy within two weeks of your appointment and each member is
required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as its representative
to the League of Older Americans Advisory Board.
Sincerely,
f/¡;¡:j~ tn. Mo~
Stephanie M. Moon, C~C C
City Clerk
SMM:ew
Enclosures
pc: Susan Williams, Director, League of Older Americans, P. O. Box 14205,
Roanoke, Virginia 24038
Sheila N. Hartman, Deputy City Clerk
,,/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
115 Chllrch A"cnlle. S. W., Room 456
Roanoke. Virginia 241111-1536
Tdl'pluJlu': (5~O) 85~\·2::;-tI
Fax: 15.¡OI S5.\·Jl45
E-nmil: dl'rk(~'r(tlmokl'\ 11.1.:°\'
SHEILA 1'. IIARTMA:'\l
Depllt)" City CIl'rk
STEI'IIA:-riIE:\1. MOO:'\'. G\.IC
('it)' Clerk
March 22, 2007
File #1 5-110-178
. Mr. Anthony M. Reed
4 123 Guernsey Lane, N. W.
Roanoke, Virginia 24017
Dear Mr. Reed:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 19, 2007, you were reappointed as a member of the Fair Housing
Board for a term ending March 31, 2010.
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, 3 15 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 2 15 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (J 950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be
provided with a copy within two weeks of your reappointment and each appointee
is required "to read and become familiar with provisions of the Act."
Mr. Anthony M. Reed
March 22, 2007
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 Fair Housing Board.
Sincerely,
~~m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosures
pc: Angie Williamson, Secretary, Fair Housing Board
Sheila N. Hartman, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, 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 nineteenth day of March 2007,
ANTHONY M. REED was reappointed as a member of the Fair Housing Board for a
term ending March 31, 2010.
Given under my hand and the Seal of the City of Roanoke this twenty-second
day of March 2007.
, fn.~
City Clerk
......
oll~
~
..
. '. III,;
~;;.;;;" .
"'''''"'
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church ,hellu,', S. W., Room 456
Roalloke, Vir~illia 24011-153(;
Tl'IE' Jhonc: (54018=-.\·25-11
F:IX: 15-101 HS3-] 1-15
[-mail: c1crk(~ rOUn()kl·":I.~O\·
SIIElLA ". liARD!""
Ilcput) Cil~' Clerk
STEPHA"IE .\1. 'I!)().'l, ole
Cit) C1~rk
March 22, 2007
File #15-67-110
Mr. Robert H. McAden
2302 Carter Road, S. W.
Roanoke, Virginia 24015
Dear Mr. McAden:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 19, 2007, you were reappointed as a member of the Parks and
Recreation Advisory Board for a term ending March 31, 2010.
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, 21 5 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
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each appointee is required "to read and become familiar with provisions of the
Act."
l\:\oalh and k.\\'in¡.: :,,~·r\·kL'\P:l. "k~ and Rl.:c\Rllb~:rt II t\kAden (xllh :!IJ07.d"c:
Mr. Robert H. McAden
March 22, 2007
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 as a member of the
Parks and Recreation Advisory Board.
Sincerely,
~ - ~,~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosures
pc: Nicole R. Ashby, Secretary, Parks and Recreation Advisory Board
Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board,
23 14 Martin Lane, S. W., Roanoke, Virginia 24015
Sheila N. Hartman, Deputy City Clerk
K:\l,¡¡th anJ It'a\illg .~cl\'icc\Parks and Rcç\Rn¡'l"n II J\1,,;,-\r..kn l1alh 2uU7 ÚIll.'
COMMONWEALTH OF VIRGINIA)
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, 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 nineteenth day of March 2007,
ROBERT H. MCADEN was reappointed as a member of the Parks and Recreation
Advisory Board for a term ending March 3 I, 20 10.
Given under my hand and the Seal of the City of Roanoke twenty-second
day of March 2007.
City Clerk
!Y1,~
K:\(l;¡th and h..'a\'Lng ~e "\'icc\P<lIk!\ and Kec\Roben H r-.kAd~·n l);llh 2007.ùoc
....---
<P~
-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A\'fnue, S. W.. Room 456
Roanoke, Virginia 24011-1536
Tt~lephfJnE': (540) 85.'-254.
Fax: ¡S40) 85.'-11-15
E-mail: c1crk@rollnokt'\"u.gO\"
SIIEILA K IIAIlT~IA I;
lJeput)" CU}" CI('rk
STEPHANIE M. :\100N. C1\1C
Cit}' Clerk
March 22, 2007
File #9-1 5-1 10
James M. Turner, Jr.
J. M. Turner & Co., Inc.
Chief Executive Officer
130 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Turner:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 19, 2007, you were reappointed as a City representative to the
Roanoke Regional Airport Commission for a term ending March 9, 2011.
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, 3 15 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 2 15 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
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each appointee is required "to read and become familiar with provisions of the
Act."
Mr. James M. Turner, Jr.
March 22, 2007
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 City representative to the Roanoke Regional Airport Commission.
Sincerely,
J;f¥.~fY, .~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosures
pc: Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors
P. O. Box 29800, Roanoke, Virginia 24018-0798
Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission
Sheila N. Hartman, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, 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 nineteenth day of March 2007,
JAMES M. TURNER, JR., was reappointed as a City representative to the
Roanoke Regional Airport Commission for a term ending March 9, 201 I.
Given under my hand and the Seal of the City of Roanoke this twenty-
second day of March 2007.
JRJ.w;" , In. ~<M.J
City Clerk
.,p~
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. W.. Room 456
Roanoke, Virginia 24011·1536
Telephone: 15.:0} »53-~5·11
bx: (5"¡O) 85J-ll.. 5
!i-mail: ctt=rk@roanokcva.gO\'
SHEILA N. HARTMAN
Deputy Cily Clerk
STEPHANIE M. MOOK CMC
AClmg City Clerk
March 22, 2007
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 19, 2007, a public hearing was held on the request of Pro-Line
Performance, Inc., that two tracts of land located at 3922 and 3942 Thirlane
Road, N. W., be rezoned from RA, Residential-Agricultural District, to 1-1, Light
Industrial District, subject to certain conditions proffered by the petitioner.
The abovereferenced request was denied.
Sincerely,
- t'v), Yv\~
Stephanie M. Moon, CMC "-
City Clerk
SMM:ew
Maryellen F. Goodlatte
March 22, 2007
Page 2.
pc: BT Property LLC, P. O. Box 28606, Atlanta, Georgia 30358
Clive and Betty Rice, 3906 Thirlane Road, Roanoke, Virginia 24019
Calvin and Mary Powers, P. O. Box 12068, Roanoke, Virginia 24022
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
CITY OF ROA:"iOlŒ
PLA:"i:"il:"iG Bl'ILDl:"iG
& ECONO:\llC DEVELOP:\1E:"iT
21=, Church An'mlc. S.''".. Roum 1()6
Rmll1okt:'. 'ïr~il1ia 2"¡Oll
Telephnll": (S~O) NS]-1730 Fa" (S~II) NS3-IBO
[-Ill ail: phlllning(u rOilllukc\"iI.f.!;O\'
\rchitl'l'llIr:11 Rl'\il'wHuõlnl
Bm....¡ (lf/.hllin~ \1'111';11\
l'I"lInin;: (·"II1T11i,~inll
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr.. Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Mayor
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from Pro-Line Performance, Inc., represented by
Maryellen F. Goodlatte, attorney, to rezone 3922 Thirlane Road,
N.w., bearing Official Tax No. 6520103 and 3942 Thirlane Road,
N.w., bearing Official Tax No. 6520102, from RA. Residential
Agricultural District, to 1-1, Light Industrial District, such rezoning
subject to the condition that the property will be developed in
substantial conformity with a site plan prepared by Hughes
Associates Architects, for the purpose of moving its trailer sales
business to the subject properties
Planning Commission Action
Planning Commission public hearing was held on Thursday, December 21,2006.
During the public hearing, public comment was received and is summarized in the
background section of this report. Bya vote of 0-7, the motion failed.
Background
The petitioner, Pro-Line Performance Inc., has contracted to purchase two properties
located in the Airport neighborhood at 3922 Thirlane Road N.w. (Official Tax No.
6520103) and 3942 Thirlane Road, N.w. (Official Tax No. 6520102), which are zoned
RA, Residential-Agricultural District. The petitioner wishes to rezone the property to 1-1.
Light Industrial District with proffered conditions, to permit the construction of a
commercial motor vehicle sales and services establishment.
The site development plan calls for the demolition of the frame house located at 3942
Thirlane Road. N.w., while retaining the brick rancher and garage at 3922 Thirlane
Road, N.W.. for use as the sales office and storage. The development plan also calls
1
for the construction of a 2,400 square foot trailer storage building, an eleven space
paved parking lot accessed by two driveways, and a 26,250 square foot trailer display
area. The site would be buffered from adjacent properties by evergreen trees and
shrubs.
The Petition to Rezone was filed on November 2, 2006. This petition was amended and
filed on December 7, 2006, to address specific staff comments.
Considerations
Surroundina Zonina Districts and Land Uses
The subject properties are currently zoned RA, Residential-Agricultural District, with
each containing a single-family residence. Immediately surrounding zoning and land
use is as follows:
. AD, Airport District, extends to the north and east of the subject properties across
Thirlane Road, N.W. This district contains developments such as the Roanoke
Regional Airport, United Parcel Service distribution center and the Federal
Express distribution center.
. RA, Residential-Agricultural District, extends to the south and west of the subject
properties. The property to the south contains a single-family residence. The
property to the west is vacant and abuts Interstate 581.
Condition Proffered bv the Petitioner
The petitioner proffers the following cond ition:
1. That the properties shall be developed in substantial conformity with the Site
Development Plan prepared by Hughes Associates Architects dated November
21,2006, subject to such changes as may be required by the City of Roanoke
during comprehensive site plan review.
Compliance with the Zonina Ordinance
During the City's comprehensive rezoning in 2005, these properties were identified as
AD, Airport District, on a draft zoning map along with numerous other properties within
the vicinity of the Roanoke Regional Airport. The subject property's owners, along with
others in the area, contested the rezoning to AD, stating that 1-1, Light Industrial District,
was more appropriate for the area. They argued that their properties were not
contiguous with the airport and would lie in better with nearby property that had been
rezoned to LM, Light Manufacturing District with proffered conditions, in October of 2000
to permit the construction of an office/industrial park. Most of the properties were
rezoned to AD, however, the subject properties retained their RA zoning designation
due to their residential uses.
2
The site development plan as proposed on Exhibit 2 of the First Amended Petition to
Rezone meets the use and dimensional standards of the 1-1 District.
Comoatibilitv with the Citv's Comorehensive and Neiqhborhood Plans
Due to the limited amount of developable land near the airport, both Vision 2001-2020
and the Williamson Road Area Plan stress the need to designate land near the airport
for uses that relate to or benefit from the airport. The Williamson Road Area Plan
specifically identified Thirlane Road as the appropriate location for airport-related uses
with the future land use map showing the subject properties as 'airport development'.
The proposed use of the property as commercial motor vehicle sale and services
establishment does not have an apparent need for close proximity to the airport. .
The following policies from the Vision 2001-2020 Comprehensive Plan and the
Williamson Road Area Plan are relevant in the consideration of the current petition.
. Vision 2001-2020:
o IN P5 Airporl. Land use adjacent to the airport should be reserved for
commercial and industrial development related to air transportation or those
businesses needing easy access to airport facilities. Airport-related uses will
be encouraged in the areas near the airport.
. Williamson Road Area Plan Strategic Initiatives:
o Airport. Land around the airport should be reserved for land uses that are
dependent upon and complement the airport.
Planninq Commission Discussion
The petition to rezone was discussed, primarily in regards to the proposed use in
relation to the airport and the interstate as follows:
· The Planning Commission asked staff if the only appropriate zoning for this
property was AD, Airport District. Staff responded that it was not an issue of
appropriate zoning but appropriate use.
· A member of the Planning Commission asked how it was determined that a use
was airport supportive. Another member of the Planning Commission responded
that airport supportive could mean (1) something that supports plane flights; (2)
businesses that strongly rely on the airport, such as UPS; (3) businesses or non-
profits that need to be close to the airport for travel purposes.
· The Planning Commission asked why the petitioner wished to locate his business
on this particular piece of property. The petitioner responded that access, not
visibility, to the interstate was the main draw to this property.
Four members of the public commented on this petition, two of which were in favor and
two of which were in opposition. Their comments included the following:
· Two adjoining property owners were in favor of the rezoning; stating that they felt
the petitioner would be a good neighbor.
3
· The owner of a neighboring office park felt that the use of this property as a retail
sales and maintenance business for trailers would hurt the value of his existing
project and discourage his future plans. A tenant of the office park stated that he
would not have invested in the area if he had known that a trailer type use would
be located on Thirlane.
Recommendation
Bya vote of 0-7, the Planning Commission recommends denial of the request to rezone
the subject property to 1-1 (c), Light Industrial District with proffered conditions, for the
construction of a commercial vehicle sales establishment. The petition is not consistent
with, nor furthers the intent of, the City's Comprehensive and Neighborhood Plans as
both specifically identify this property for airport related uses.
Respectfully submitted,
~' ""'\ ,
hdL(l..l û·~.
Richard A. Rife, Chairman
Roanoke City Planning Commission
cc: Darlene L. Burcham. City Manager
William M. Hackworth, City Attorney
Maryellen F. Goodlatte, Esq., Attorney for the Petitioner
4
Thirlane Road, N.W.
Official Tax No·s. 6520102 and 6520103
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IN THE COUNCIL OF THE CITY OF .ROANOKE. V]RG]NIA
INRE:
Rezoning of two (2) tracts of land lying and being in the City of Roanoke, Virginia,
and briefly descrihed as:
Tax Map No. 6520103, 1.7855 acres, 3922 Thirlanc Road, N,W.
Tax Map No, 6510102, 2.3639 acres, 3942 Tl1irJane Road, N.W.
from RA, Residential-Agricultural District, to 1-], Light Industrial District, such rezoning
to be subject to certain conditions,
A:>1ENDED PETITIO:"l
TO THE HONORABLE MAYOR .<\ND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
Petitioner, Pro-Line Performance, Inc., a Virginia corporation, has conttacted to purchase
omcial Tax Map :-;'os. 6520]03 ë.:lå 6520102 from Sylv:a J. Ails. Tnis property was jointly held
by Jesse C. Ails and Sylvia J. AlIs. Jessc C. AJ:s ¡, deceace,; 2nd ¡ilk is vcstcd in Sylvia 1. Al]s,
as the survivor. The property is elITently zoned RA, Reside11lial·Ag¡icultural District. A map of
the propcJ1y 10 be rezoned is attached as Exhibit A.
Pursuant to Section 36.2-541, Code of the City of Roanoke (1979), as amended,
Petitioner request, that the said property be rezoned from RA, Residential-Agricultural District.
to I-I, Light Indust";a] District, subject to certain conditions set forth below, for the purpO'C of
moving its trailer sales business now located at 302] Fleming Avenue, Roanoke, Virginia 24012.
The site development plan prepareå by Hughes i\ssociales Arcbtects, dated November 21,2006,
is attached hereto as Exhibit B ("Site Development Plan").
Your petitioner believes the rezoning of the property will further the intent and purposes
of the City's Zoning Ordir:ance and its Comprehensive DeveJopmc:1t Plan.
Your petitioner hereby proffers and agrees that if the said tracts are rezoned as requested,
that the rezoni:1g wi11 be subject to, and that it will abide by, the following conditions:
That the properties shall be dcvc:oped in substantial confonnity with the Site
Development Plan prepared by Hughes Associates Arch;!ec!, daled November 21,2006, subject
to such changes as may be required by the City of ROallOke during comprehensive site plan
revIew.
Attached as Ex!1.ibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to be
rezoned.
WHEREfORE, your Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
This Petition is respectfully submiTted thi, 2 -r1- day of December, 2006.
PRO-LINE PERFORMA~CE, INC.
By:
~~r'~~
Of Co~nscJ
Maryelien F. Goodìane. Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st STreet. S.W., Suite 200
p, O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsim.ile
l1J QOoqJ;:!tte(Q;cfd Q.eom
2
Sylvia J. ,1.115, owner of the ]1ropel1y subject to t!lis ¡Jetition, hereby con,ents to this amended
petition, including the voluntary proffers contained herein.
~J~,,~~~.,_~~
Sylv;air AlIs ~<J
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ADJOINING PROPERTY OWNERS
FOR
TAX PARCELS 6520102 AND 6520]03 (RA)
(Sy]via J. AlIs)
TAX MAP NUMBER OWNER(S) I ADDRESS
6510108 BT Property LLC
P. O. Box 28606
Atlanta, Georgia 30358
'6520107 B1' Property LLC
P. O. Box 28606
Atlanta, Georgia 30358
6520104 Clive E. and Betty Ann Rice
3906 Thirlane Road, N.W.
ROatlOke, Virginia 24019
6520101 Calvin W. and Mary C. Powers
P. O. Box 12068
ROaIloke, Virginia 24022
ZoNING
AD(e)
AD
RA
RA
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CLIVE E. AND BETTY ANN RICE
3906 Tbirlane Road, N.W.
Roanoke, Virginia 24019
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November 6, 2006
Roanoke City Planning Commission
Municipal Building, First Floor
215 Church Avenue, S.W., Room 162
Roanoke, Virginia 24011
Attention: Ms. Martha Franklin
Re: 3922 and 3942 Thirlane Road, NW., Roanoke, Virginia 24019
Dear Members of the, Planning Commission:
We live next door to Mrs. Sylvia Ails. We recently met with Kenny Ayers of .
Pro-Line Performance, Tnc., and we looked at the plan for the property that Mr. Ayers has
[¡led with you.
We told Mr. Ayers that we are in support of his proposal. We would like the City to
know that as well. After meeting with Mr. Ayers and seeing his plans for the site, we give
him and his plans our full support. We ask that you approve his rezoning request.
Thank you for your consideration of our letter. . n' ,
~L_\~.
Clive E. Rice
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1:'-1 THI: COlJ:'-ICIL OF THE CITY OF ROAì\OKE. VIR(jl!\IA
A"i ORDI"JA!\CE to amend ~36,2-1 (II), Code oj" the City oj" Roanoke (I ')7'!). as
amended. and the Onìeial ZI.H1ing Map, City of Roanoke. Virginia, dakd DeccmhL'r 5,
2(1)5, as amended, to rezone certain property within the City, subject to a cL'rtain
condition proffered hy thc applicant; and dispensing with thc sl'cond reading oj"' this
l.lrllinanee by titk,
WHERI:AS, Pro-Linc PerJ"ormance, Inc., representcd by \larycllen F, (j'hxllatte,
attorncy, has made application to thL' ('ouneil oj" the City oj" I{l.lanoke. Virgini~( ¡"Cily
C\luncil"). tll ha"e the hereinalier described property rezoned li'om RA, Residelllial
.\gricultural District, to I-I. Light Industrial District, suhjcet to a certain condition
pro Ili:rcd by the applicant;
WIIEREAS, thc City Planning Commission, aikr gmng proper nolicL' 10 all
wnccrnl'd as required by ~-'(Í,2-5-10, Code oj" thc City or Roanoke (19ì'J), as amendc'd,
and alier conducting a public hearing on thc maller, has made its reeommenl.lation to City
C\IlIllCil;
WHEREAS, thc initial puhlie hcaring heJ"orc City Council was wnduelcd on
January 16, 2()()7, at which time applicant did (1\)t appear due to a misconllnllnicati,'n
,,'hieh was notthc rault orthc applicant, and thc application was dellied;
WHEREAS, by letter datcd January 2'i. 2007, the applicant requeskd that this
mailer he placed on City C\luncj]"s February 5, 200ì, agenda lor reconsideration:
( l-l'rl1-l.i:;l' 1\·;·I~'nll"lh.:L'. In.:. - :\:.~Ilnl'\\ ill;prnfri.:r:,;i2.d01.:
WHEREAS. at its publir meeting held on February 5. 2007. City C\luneil agreed
10 rcronsider this matter Marrh 19.2007;
\VII ERL\S. on March 19. 21.11)7. a second public hearing \\as held by City
Council on surh application. alier due and timely notil'e thereof as required hy ~3li.2-5-1(J.
COlk nr the City of Roanoke (1 97LJ). as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard. both for and against the proposl'd
r~i'.ollil1g~ and
WI-IERb\S. Citv Council. aner L:Onsidcring the all)resaid appliratilln. the
recommendation made to City Council by the Planning Commissilln. the City's
Comprehensive Plan. and the matters presented at the public hearing. finds that the public
necessity. convenience. gencral welfare and good zoning practice. require the rezoning llf
the subjert property. and I,'r those reasons. is orihe opinion that the hereinatkr described
property should be rezoned as herein provided.
TI [EREFORE. HE IT ORDAINED hv the Council orthe Citv of R'JanllKe that:
- -
I. ~3(Í.2-1 (1). Code of the City of RoanllKe (1'179). as amended. and the
Ol1ieial Zoning Map. City of RoanOKe. Virginia. dakd Deeemher 5. 2005. as arncnded.
be amended to rellect that 3LJ22 Thirlane Rllad. I\.W., bearing Onïcial Tax '\0. (l521.111.13
and 39-12 Thirlane Road, )tW.. bearing Ol1icial Tax 1\0. Ci5211l02. be. and arc hereby
reLoned from RA. Rcsidcntial Agricultural District. to I-I. Light Industrial District.
subject to thc proffer contained in the Amended Petition filed by Pro-Line· Performance.
Inc.. represented by Maryellcn F. Goodlattc. attorney. in the Olìice of thc City Ckrk on
December 7. 2(){)6.
( I ]'r,l [.iiì~ 1>~rr'ln~l:Jn;':l·. In;.:. - :\:,~\lnl'\\·ithpr"r[i.'r~!'2.JI't'
,
~
Pursuant tll the pfll\'isillns of ~ 12 of thè City Chalkr. the second I"èadin);
of lhis ordilwncl' by title is hereby dispensed wilh.
ATTEST:
Stephanie ~1. MOl)n. ClldC
City Clerk.
l)-I'[",,-[ i::l: 1\::lì':1:1WI':l'. Inc. Ic/\'nt:,^ithpnlnì:r~:f2.\~Ul'
,
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it
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room .tS6
Roanoke, Virginia 2.tOll-1536
Tt'lcphonc: 15401 H5]·2S41
Fax: (5-10) R5~'-ll"5
I~.m:lil: c1crk0.'ro3nok('\ ,1.1;:0\'
SUEll.\ ~. IL\R1MAN
Assistant City <:h~l"k
STEPU,\ME M. MOOr>. ole
City (' crk
March 6, 2007
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte .
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of Pro-Line Performance, Inc.,
that two tracts of land located at 3922 and 3942 Thirlane Road, N. W., identified
as Official Tax Nos. 6520103 and 6520102, respectively, be rezoned from RA,
Residential-Agricultural District, to 1- I, Light Industrial District, subject to certain
conditions proffered by the petitioner.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 540-853-243 I.
It will be necessary for you, or your representative, to be present at the
March 19 public hearing, Failure to appear could result in a deferral of the
matter until a later date.
Sincerely,
~'rf\.~
Stephanie M. Moon, CMC
City Clerk
SMM:snh
Enclosure
.ø~
-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
115 Church ,\ \"elllle, S. W.. Room .t56
Roanoke, Virginia 1.tOll-15-'6
Tch.'phollt': (540) H53-!:"..U
Fux: IS-I')) H53-U4S
E-mail: c1t'rklnrmlllokt·\"a.gfJ\"
SHEILA N. HARTMA:'ol
Assistllnl(:ity (:Jerk
STEl'lIANlE ~1. ~IO()¡';. ole
("it)" Clerk
March 6, 2007
File #51
BT Property LLC
P. O. Box 28606
Atlanta, Georgia 30358
Calvin and Mary Powers
P. O. Box 12068
Roanoke, Virginia 24022
Clive and Betty Rice
3906 Thirlane Road
Roanoke, Virginia 24019
Ladies and Gentlemen:
Pursuant to provisions of Resolution NO.2 5 523 adopted by the Council of the City
of Roanoke on Monday, April 6, 198 I, I have advertised a public hearing for
Monday, March 19,2007, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., on the request of Pro-Line Performance, Inc., that two
tracts of land located at 3922 and 3942 Thirlane Road, N. W., identified as Official
Tax Nos. 6520103 and 6520102, respectively, be rezoned from RA, Residential-
Agricultural District, to 1-1, Light Industrial District, subject to certain conditions
proffered by the petitioner.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
call the Department of Planning, Building and Economic Development at
540-853- 1730.
The City Planning Commission is recommending that Council deny the rezoning.
If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
, fn'lY1.ð~
Stephanie M. Moon, CMC
City Clerk
SMM:snh
,
"
.~ .
. . .
. .
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
"'5 Church A \·ellUL'. S. W.. Room 456
Roanoke, Virginia 24oll·15J6
Tclcph(1I1e: (.5401 S53-~:'i II
Fa:\: (5-10) 853-114.';
E-mail: ckrkli..brt~anl)ke\"a.gO\·
SHEIL\ N. HART\I.~~
A~sl:;lanl City Clerk
STEPII¡\r\IE \1. '-IOOi\'. Cfl.1C
City Ckrk
February 7, 2007
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 2400 1-2887
Dear Ms. Goodlatte:
The request of Pro-Line Performance, Inc., for reconsideration of the Council's
action taken on Tuesday, January 16, 2007, with regard to the rezoning of two
tracts of land located at 3922 and 3942 Thirlane Road, N. W., subject to certain
conditions, was before the Council of the City of Roanoke at its regular meeting
held on Monday, February 5, 2007.
On motion, duly seconded and unanimously adopted, the Council concurred in
the request and instructed the City Clerk to schedule a public hearing to be
held regarding the rezoning request for Monday, March 19, 2007, at 7:00 p.m.,
or as soon thereafter as the matter may be heard.
Sincerely,
fl1:t.t.~O'r), ~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
r..
Maryellen F. Goodlatte
February 7, 2007
Page 2
pc: BT Property LLC, P. O. Box 28606, Atlanta, Georgia 30358
Mr. and Mrs. Clive Rice, 3906 Thirlane Road, N. W., Roanoke, Virginia
24019
Mr. and Mrs. Calvin Powers, P. O. Box 12068, Roanoke, Virginia 24022
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
The Roanoke Times
Roanoke. Virginia
Affidavit of Publication
The Rou~oke Times
~ . - - - - - - - - - - - - - - - .- - + - - ..
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
10107572
NOTICE OF PUBLIC HEA
State of Virginia
City of Roanoke
I, (the undersig:1ed) an authorized representative
of the 'rimes-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the Stat~ of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_J~_day of March 2007. Witness my hand
a~fiCial seal.
M~-t;di-¿;n
Notary Public
~3-1._2.J.~D_,]___ .
,
PUB~IS1li';i:J ON: 03/02 03/09
\
TOTAL. COST:
FILED ON:
386.76
03/14/07
NOTICE OF PUBLIC
HEARING
The Council ot the City
of Roanoke Will hold a lJublic
he¡lringon MondDy. March
19.2007. at 7:00 p.m., or
as soon thereafter as the
mDtter may be heard. In
the Council Chamber. fourth
floor. in the Noel C. Taylor
MunlclpDI Building. 215
Church Avenue. S.W..
Roanoke, Virginia, to
considerthefollowin~
Request from Pro-line
Performance, Inc..
represenled by Maryellen F.
Goodlatte attorney, to'
relone 3922 Th:rlane RODd.;
N.W.. bearing Official Ta~ I
No. 6520103 and 3942
Thirtane Road, NW.. bearing
Official Ta~ No. 6520102,.
rrom RA. ResidentiD i
Agricultural Dlstric.t. to 1-1.:
ligtltlndustrielOistrict.such
rezoning subJecl to the
condition that the properly
will be developed In
substantIDI conformity with a
sile plan prepared by
Hugh es Associ D tes
Architects, forth£' purpose of
moving Its trailer sales
business to the subject
properties.
A copy 01 the petition Is
available for review in the
Office of the City Clerk,;
Room 456, Noel C. Télylor;
Municipal Building. 215
Church Avenue. S.W..
RO<lnoke, Virginia.
All parties In interestanCl
citizens may appear on the
above date and be heard
.on themalter. If you ¡lre <I
,person with a disahlhty WhO
. needs accommod<ltions for
Ihis hearing, please contact
Ihe Cily Clerk·s Office, at
853-2541, before noon on
the ThurSl1ay before the date
of the heanng listed above.
GIVEN under my hand thIs
1st dDyof March. 2007.
Stephanie M. Moon. CMC
City Clerk.
1(10107572)
- - ------- - -- - -------- - - ------- - - - ----- - -+---- -------------- ------
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ReP:f~sentative
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NOTICE OF I'UUJC HEARING
Thl' Council oCthe City oCRoanokl' will hold a publië he;¡ring on :\Ionday. \'Iareh I '). ~()I)ì.
at 7:00 P,Ill" or as soon therealìer as the malleI' may be heard. in the Counëil Challlber. Courth Illll)r.
in the ,Noel C, Taylor !\Junieipal Building. ~ 15 Church A venue. S, W.. Hoanoke. Virginia. to consider
the I<.lllowing:
Rel ul'SI Ji'olll I'ro-I.ine Performance. Ine.. reprcsented by 'Vlaryellcn F.
GoodlallC. attorncy. to rewne 3<)2~ Thirlan~ Road, \l,W.. b~aring Oilicial
Tax :\0. 1;520103 and 39-12 Thirlanc Road. N.W.. bearing Ollicial Tax '\0.
65~1) I 112. li'OIll R;\, Residelllial Agricultural District. to I-I. I.ight Industrial
District. such r~zùnjng subject to Ihe condition Ihal lh~ properly \I'ill 1)('
dcveloped in substantial eonl'1I11lity with a site plan prepared by Hughes
Assoëiatcs Architects. Il)r thl' purpose oCmoving its trailer saks business to
lhe subjcet propertiö.
;\ copy oCthe petition is a\'ailablc 1<)1' review in the Ortì('e <,Cthe City Clerk. Roolll-l5(). \,Ioel
C. Taylor Municipal Building. 215 Church Avenue. S.W.. Roanoke, Virginia.
All parties in interest and eitiLens Illay appear on the abovc dale and bc heard onlhe maner.
I Cyou are a person wilh a disability who needs <l('comlllodations for this hearing. pkase eontael the
City Clerk's Ollice. at 853-~5-11. belore noon on the Thursday bel{)re the dale oCthe hearing listed
~Ibl..l\·c.
GIVE!\ under my hand this lst_ day oC March
.200ì.
Stephanie 'V1. Mo()n. CMC
City Clerk.
:;..i'-L.:.:-
~er:'"::.¡-rr.,"1.nce,
::'-,
_::C. I¡~
Notice to Publisher:
Publish in the Roanoke Times once on Friday. March 2.2007 and Friday. March 9. 2007.
Send bill and aftidavit to:
Stephanie M. Moon. City Clerk
215 Church A \'cnue. S. W.
Roanokc. Virginia 24011
(540) X53-2541
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church AVC'llue. S. \V.. R\)(ln1 .~)(Í
Rp:illOKc-. Virginia 2:l(1l1~153(i
TelcrIH'I1C: \5-HJì S53-~5·: I
¡':ax: !5" '( ) :-;5.~-11.. .5
Email ;krkcr,)w;¡nokt\"a.gCl\
SHEIL.-\. ~ I L\RT\L-\N
Dq1lHY Cit)" Ckrk
~~~
-
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. . No.;
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STEPHA"I!' ~L \lOO'l. C~IC
ell)" Ckrk
March 22, 2007
File #51
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37716-031907 authorizing the
conveyance of a 15' x 20' easement for a private sign on a dedicated 15,401
square foot right-of-way of City-owned property, identified as Official Tax No.
1250928, located at the intersection of Brandon Avenue, S. W. and
23'0 Street, S. W., to Towers Associates Limited Partnership (Towers Associates),
owners of property commonly known as Towers Mall, upon certain terms and
conditions.
The above referenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19,2007, and
is in full force and effect upon its passage.
Sincerely,
~~N~\e-
City Clerk
SMM:ew
Attachment
Darlene L. Burcham
March 22, 2007
Page 2
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
William M. Hackworth, City Attorney
Mark D. Jamison, P.E., Manager of Transportation
Sarah E. Fitton, Real Estate Acquisition Specialist
Gte
N THE CO\.;NCTL OF THE CITY OF ROANOKE, VŒGTNTA
The 19th day of March, 2007.
No. 37716-031907.
AN ORDNANCE authorizing thc conveyance of a 15' x 20' easement l(¡r a
private sign on a dedicated J 5,401 square foot right-of-way of City-owned propcrty
identilied as Official Tax No. 1250928, located at the intersection of Brandon Avenue,
S.W. and 23'0 Street, S.W., to Towcrs Associates Limited Partnership (Towers
Associates), owners of" property conunonly known as Towers Mall, upon certain temlS
and conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on March 19, 2007, pursuant to Section
15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all
pm1ics in interest mId citizens were afforded an opportunity to be heard on such
conveyance.
THEREFORE, BE rr ORDAINED by tIIC COlUlcil ofthc City of Roanoke that:
I. Thc City Managcr mId City Clerk are hereby autIlOrized to exccute and
attcst, rcspectively, upon approved by the City Attomcy, the necessary documcnts
donating <uul conveying a 15' x 20' easement for a private sign on a dedicated 15,40 I
square foot righl-of-way of City-owned property identified as Official Tax No. 1250n8,
locatcd at the intersection of Brandon Av('nue, S.W. and 23,d Street, S.W.. to To\\'Cfs
Assoeiates Limited Partncrship (Towers Associates), owners of prop('rty commonly
known as Towers Mall, as 1110re particularly set forth in thc March 19, 2007, letter of the
City Manager to this Council.
O-Cjrar.t easem,.."t to Towtrs Mall for sign - 3-19-07
')
~.
Pursuant to the provisions of Section 12 of the City Chartcr, the second
rcading of this ordinance by title is hereby dispensed with.
ATTEST:
U-G::Hlt ~asC'ment to Tow¡,:r,;¡ M:111 for sign - 3-19-07
-"-,
/;;'.:~t';'I~~.:;."
("~iI" ~~,.\)
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·'A,h".\l:':'."
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
\."0(,1 C. T.lylor \Iunicipal Build ins
215 Church !\\'l~llllL', S.\V., Rnom ,)64
R'h111llkt', \'irf~ini,1 24111 1-1';')]
Tt-:vl,il\llll': (::;" '(lj :-':;.-;-21.-:.-;
Fa\: (:;" 'il :':.'."':·1 1.1:-;
<." i I Y \\.~,¡,: \,'\\ \\" [". \.IIl":-L" ,1.).:.1 '\
March 19, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Easement for Towers Sign
Brandon Avenue, SW
Tax Map #1250928
Towers Associates Limited Partnership (Towers Associates), owners of property
commonly known as Towers Mall, has requested permission to maintain an
existing sign on property they recently donated to the City for public right-of-
way on Brandon Avenue, S.W.
Towers Associates has dedicated 15,40 I s.f. of their property as right-of-way to
provide for the improvements being constructed as part of the VDOT Project on
Wonju Street, Colonial Avenue, and Brandon Avenue in the vicinity of Towers
Mall. An easement for the area where the sign is located is required. The area
for the sign easement is 15' X 20' located at the corner of Brandon Avenue, SW
and 23" Street, SW, as shown on Attachment I.
Recommended Action(s):
Following a public hearing, adopt the accompanying ordinance authorizing the
City Manager to execute the appropriate documents granting a sign easement
as described above to Towers Associates Limited Partnership, approved as to
form by the City Attorney, to allow the sign to remain in the right-of-way of
Brandon Avenue, SW.
Honorable Mayor and Members of City Council
March 19. 2007
Page 2
Respectfully submitted,
ck~ ~'tLuj~
Darlene L. But~'m
City Manager
DLB/SEF
Attachment
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Jesse A. Hall, Director of Finance
Mark D. Jamison, P.E., Manager of Transportation
Sarah E. Fitton, Real Estate Acquisition Specialist
CM07-00030
CURVE
C/
THE INTENT OF THIS EXHIBIT IS TO SHOW THE LOCATION OF A PROPOSED PRIVATE
SIGN EASEMENT AND IS NOT INTENDED TO REPRESENT A CURRENT FIELD SURVEY.
CURVE TABLE
RADIUS TANGENT CHORD BEARING
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EASEMENT EXHIBIT FROM RECORDS FOR
CITY OF ROANOKE,
V/RGININA
SHOWIN A PROPOSED PRIVATE
SIGN EASEMENT WITHIN THE
PUBLIC RIGHT -OF-WAY OF 23RD STREET
FOR THE BENEFIT OF
TOWERS ASSOCIATES LIMITED PARTNERSHIP
TAX fJAP # 1250928
ROANOKF C TY, VIRGINIA
JANUARY 16, 2007
JOB #R0500210.00
SCALE: 1" ~ 20'
TEL: 540-772-9580 FAX: 540-772-8050 DRN:
PLANNERS ARCHITECTS ENGINEERS SURVEYORS CHK:
Balzer & Associates, Inc. 1208 Corporate Circle Roanoke Va. 24018
NOON AVENUE,
BRA ;'I'~i."'t.GE !NLET
-u ~.~\.i~,
OHU
o U
OHU
C7
LlN£
-
PARCEL B-1 A
5.821 ACRES
TAX MAP #1250928
s.w.
CHORD O£LTA
/45_1/' 754 '3/"
VARIABLE RjW
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TOWER SIGN
PROPOSED
/5'x20' PRIVATE
SIGN EASEMENT
FOR THE B£NEAT
OF TOWERS
ASSOCIATES LIMITED
PARTNERSHIP
~.
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Ó M~NH"I F
/
NOTES:
1. OWNER OF PARCELL B-1 A: TOWERS
ASSOCIATES LIMITED PARTNERSHIP
2. L::GAL REFERENCE: DEED BOOK 1547,
PAGE 1389 & PLAT BOOK 1, PAGE 30' 1
3. TAX MAP NUMBER: 1250928
4. UNDERGROUND UTILITY SERVICE LINES.
JLN
BJC
o='lNfGS oNlDoITECTS
oENliII£ER'S oSll!V['l'IIlS
i
The Roanok~ Times
Roanoke, Vilginia
Affidavit o! PublicaLion
The ROilI10k~ Tllnes
.. +
GLENN, FELDMANN, DARBY & GOODL
PO BOX 2887
210 FIRST ST
ROANOKE VA 24001
--.--.
NonCE OF
PUBLIC HEARING
TO WHOM IT MAY COHCERN:
City/County of k03noke, Commonwealth/State of
V\1~.~:il2-a" SWOI:r.. and. subscribed before T:1C this
_l~~day of March 2007. Witness my hand
an~icial seal
M~¡~io -
Notary ,~l.\9-ìi~
rW.iLt-
The Cllv of Roanoke
proposes'lo grant an
easement 15' x 20' for a
privale sign on a dedicated
15.401 square fool
right·ot·way of City-owned
propertyldenllfied as Official
Tax No. 1250928. located at
lhe intersection of Bmndon
Avenue. S.W.·and 23rd
Strl:'cl. S.W., to Towers
Associates Limited
Partnership (Towers
Assotiates). owners ot
properly commonly known
as Towors MaU.
Pu rsu a n I lot h e
req u ire me n Is 0 r
§§15.2·1800IBI and 1813,
Code of Virginia (1950), as
!amended, notice is hereby'
I,given Ihatthe City Council of
Ihe Cilyof Roanoke will hold
a public hearing on the
abo..e m<llterat Its regular'
meelingon Monday. March
19.2007, at 7:00 p.m.. or
as soon thereafter as the
matter may be heard in the
Council Chambers. Noel C.
Taylor Municipal Building,
,'. -
i 215 Churc¡'-A..enuë. s.w..
rRoanoke, Virginia. al which
lime tltizens otthe City shüll I
: be given an opportunitv to
I appear.3nd be heard-by .
Council on the subject. I
, All parties in interest and
. citizens may appear on the
above date and be heard on
Ihe matter. If you are a
person wilh a disability who
needs accommodalions for
, this heMing. please cont<lct
the City Clerk's Oltice, at
853-2541. bl:'forl:' noon on
the Thursday before the d<lte
of the hearlngllsled above.
GIVE'I,I under my h<lnd this
6th day of March. 2007.
Stephanie M. Moon, CMC
City Clerk.
REFERENCE, 800780"9
101.52519
NOTICEOFPUBLICHEARIN
State of Virginia
Cit~/ of Roanoke
~, (the u~dersig~ed! an ð\lthorized representative
of the TimeG·Wo~ld l~orporation, which corporatlon
is publisher of the Roanoke Times, a'dailv
newspaper publislled in Roanoke, in the State of
Virginia, de certify tr.at the annexed notice was
published in said newspapers on the following
dates:
PUBLISHED ON, 03/1Ö
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(10152519)
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FILED ON,
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03/10/07
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I'iOTlCE OF PUBLIC HL\RIì\G
TO WHOM IT MA Y C01\CERN:
The City of Roanoke proposes to grant an easement I:'ï x 2(r I'llI' a pri\'ate signllll a
(kdieated 15.401 square loot right-ot~way ol"City-owned property identi lied as Ol1icial Tax
"Jo. 1250928. located at the intersection of Brandon A venue, S.W. and nod Street, S.W.. to
Towers Associates Limited Partnership (Towers Associates), owners of prnperty Cllmmonly
klHm n as Towers Mall.
Pursuant to the requirements of§§15.2-1800(B) and 1813, Code orVirginia (I ()50I, as
~lmL'nded. notice is hereby gi\'en that the City Council of the City or Roanoke will hold a
public hearing on the above matter at its regular meeting on \-londay. March I'). 2( (¡7. at
7:()() p.l11.. or as soon thereafter as the matter may be heard in thL' Council Chambers. "JllL'l C.
Taylor Municipal l3uilding, 215 Church Avenue, S. W.. RLlanoke, Virginia. at \\hich time
citi/ens of the City shall be given an opportunity to appear and be heard by Council ün the
subject.
All panics in inl<:rest and eiti/ens may appear on the above date and be heard on the'
malleI'. If you arc a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Olììce. at 853-25-11. before noon onlhe Thursday be!()rc the dale or
the' hearing listed abovc.
('lVF."J under my hand this 6th day of March. 2007.
Sl<:phanie M. Moon. C\-IC
City Clerk.
".:~(;"( I"."'~' :()WI.R:-'''II;·~ HR:\'~rl\I'\; ·\\·I:ì';I"l:~W.' I' .,"1 1'1)(
Notice to Publisher:
Publish in the Roanoke Times once on [<riday. March 9. 2007.
Send affidavit to:
Stephanie M. Moon, City Clerk
215 Church A venue. S. W.
Roanoke. Virginia 2-1011
().In) ~53-2541
Send bill to:
\1aryellen F. Goodlatte. Attorney.
Glenn, Feldmann. Darby and Goodlattc.
P.O. Box 2887
Roanoke. V A 2-1001-2887
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church ¡\ \'CIlUC. S. \V.. Rf.ll'nl 4)ó
Rn~lIloke. Virg.inia 2....011-15~(1
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SIIEILA~. HARnL\~
[kpUIY ClIy Clerk
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STEPH.A..i'\U:: \1. ~fOnì\. CiviC
City Ckrk
March 22, 2007
File #51
Appalachian Power Company
Attention: Michael F. Lively
P. O. Box 2021
Roanoke, Virginia 24022
Trustees of New Hope Christian
Church
4229 Welcome Valley Road, S. W.
Roanoke, Virginia 240 14
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 37717-031907 amending §36.2- 100,
Code of the City of Roanoke (1979), as amended, and the Official Zoning Map,
City of Roanoke, Virginia, dated December 5, 2005, as amended, reflecting a
40' x 280'· portion of property located at 4229 Welcome Valley Road, S. W.,
Official Tax No. 53901 13, and rezoning from INPUD, Institutional Planned Unit
Development District, to ROS, Recreation and Open Space District, subject to a
certain condition proffered by the applicant.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 19, 2007, and
is in full force and effect upon its passage.
Sincerely,
.. ìr1.~
Stephanie M. Moon, CMC "-
City Clerk
SMM:ew
Enclosure
Appalachian Power Company
Trustees of New Hope Christian Church
March 22, 2007
Page 2
pc: Mr. and Mrs. Russell Etter, 4542 Old Rocky Mount Road, S W., Roanoke,
Virginia 24014
Rockydale Quarries Corporation, P. O. Box 8425, Roanoke, Virginia
24014
Bowman Associates, P. O. Box 2180 I, Roanoke, Virginia 240 18
Mr. John M. Begley, Jr., 1026 Morehead Avenue, S. E., Roanoke, Virginia
24013
Downtown Car Company, LLC, 2875 Summit Ridge Road, N. E.., Roanoke,
Virginia 240 12
E. S. Pickeral, 215 Church Avenue, S. W., Roanoke, Virginia 2401 I
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
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IN THE COUNCIL OF THE CITY OF ROANOKE ViRGINIA
The 19th day of March, 2007.
No. 37717-031907.
AN ORDINANCE to amend §36.2-IOO, Code of the City of Ro¡moke (I9ì9), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated Deccmber 5,
2005, as amcnded, to rezone a certain portion of property within the City, subject to a
certain condition proffcred by the applicant; and dispensing with the second reading of
this ordinance by title.
WHEREAS, Trustees of New Hope Christian Church and Appalac]¡j¡m Powcr
Company, have lll<lde application to the Council of the City of Roanoke, Virginia ("'City
Council"), to have a portion of the hereinafter described property reloned ìÌ"om INPlJD,
Institutional PlaIUlcd Gnit Development District, to ROS, Recreation and Open Space
District subject to a certain condition proffcrcd by the applicants;
WHEREAS, the City Planning Commission, after giving proper noticc to all
conccrned as required by §36.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
\VI-lEREAS, a public hearing was held by City Council on such application at its
mecting on March 19, 2007, after due and timely notice thcreof as rec.¡uired by §36.2-5-10,
Codc of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning: and
\VHEREAS, City COlllleil. after considering the aforesaid application, the
recommendation made to City Cowlcil by the Planning Commission, the City's
Ü-!\'cw Hope Chm:lian Church 3-] 9-07
Comprdlensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare, and good zoning practice require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
properly should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City ofRoanokc that:
I. §36.2-100, Code of the City of Roanoke (1979), as amended, and thc
Official Zoning Map. City of Roanoke, Virginia, dated Dceember 5, 2005, as amended,
he amended to reHect that a 40' x 280' portion of property located at 422<) Welcome
Valley Road. S. W., bearing Official Tax \fo. 5390113, bc, and is hereby rczoned from
I!\:'PLJD, Institutional Planned L'nit Development District, to ROS, Recreation and Open
Space District, subject to a certain condition proffered by the applicants, as requested in
the Application Conditional Rezoning -- Amended Application No. I filcd by ¡be
Tmstees of New Hope Christian Church and Appalachian Power Company in ¡he Officc
of Pla¡ming, Building and Economic Development on January 24, 2007.
2. Pursuant to the provisions of § 12 of the City Charier, the second reading
of this ordinance by titlc is hereby dispensed with.
ATTEST:
w't.:ù rn.m~
Stephanie M. Moon, ~~:\;C ~
City Clerk.
O-'\!cw Hope Christian Chun;h 3-19·0ì
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CITY OF ROA:'>IOKE
PLA"I"IING BUILDING
& ECONOl\HC DEVELOPI\1ENT
2\5 Church Awnue. S.W.. ({oom \66
({o,,"oke. \)rgini" HOll
Tclepholll': (540) 853-17311 Fax: (540185.1-12311
E-mail: plannillg'iì·ro:ltlOke\'a.go\ March 19, 2007
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Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from Trustees of New Hope Christian Church and
Appalachian Power Company, to rezone a 40'x280' portion of
property located at 4229 Welcome Valley Road, S.w., bearing
Official Tax No. 5390113, from INPUD, Institutional Planned Unit
Development District, to ROS, Recreation and Open Space
District, with the condition that the subject property be developed in
conformity with a proffered concept plan for the purpose of
expanding an existing electrical power substation.
Planning Commission Action
Planning Commission public hearing was held on Thursday, February 15. 2007. Bya
vote of 6-0 (Mr. Rife absent), the Commission recommended the rezoning of the subject
parcel.
Background
The applicant, Appalachian Power Company, has applied to rezone a 0.26 acre portion
of 4229 Welcome Valley Road SW (Official Tax No. 5390113) which is zoned INPUD,
Institutional Planned Unit Development District. The applicant wishes to rezone the
property to ROS, Recreation and Open Space District with a proffered condition, to
permit the expansion of an existing electrical power substation.
The concept plan calls for the existing substation to be expanded from 9,900 square
feet to 30,794 square feet for the purpose of enhancing electrical power distribution in
the area. While all construction will be contained on the applicant's existing property
which is zoned ROS, the creation of the substation's pad requires a substantial fill
slope. The applicant wishes to keep the slope at a grade no greater than 3H:1V to
allow proper vegetation coverage for erosion control, slope stabilization and safe
operation of mowing equipment. In order to do this, the applicant needs to acquire a
0.26 acre portion of TRS New Hope Christian Church's property and consolidate it with
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Official Tax No. 5390116. The applicant is requesting the rezoning to prevent a split-
zoned parcel.
The application to conditionally rezone was filed on January 3,2007. This application
was amended and filed on January 24,2007, to address specific staff comments.
Considerations
Surroundinq Zoninq Districts and Land Uses
The subject property is currently zoned INPUD, Institutional Planned Unit Development
District, and contains a place of worship. Immediately surrounding zoning and land use
is as follows:
· ROS, Recreation and Open Space District, extends to the northeast of the
subject property. This district contains the APCO substation as well as the Mill
Mountain Parkway Spur.
· R-7, Residential Single-Family District, extends to the north of the subject
property and is vacant.
· R-5, Residential Single-Family District, extends to the east of the subject property
and contains a single-family detached dwelling.
· 1-2, Heavy Industrial District, extends to the west and south of the subject
property and is largely vacant with the exception of a few single-family dwellings.
Also adjacent is the Rockydale Quarry property.
Conditions Proffered bv the Applicant
The Applicant proffers the following condition:
1. The applicant hereby proffers that the property shall be developed in substantial
conformity with the Concept Plan prepared by Hurt and Proffitt, Inc. dated
January 3, 2007, subject to changes as may be required by the City of Roanoke
during the Comprehensive Development Plan review.
Compliance with the Zoninq Ordinance
A 'Utility Distribution or Collection, Transitional' station is a use permitted by-right or by
special exception in all zoning districts. The rezoning and future subdivision of this
0.26 acre portion will not adversely affect the church property in terms of its zoning
designation. Official Tax No. 5390113 will be reduced to 4.775 acres, which is well over
the two (2) acre minimum for an INPUD.
The proffered concept plan as illustrated on Attachment C of the First Amended
Application to Rezone meets the use and dimensional standards of the ROS District.
No buffer yard is required between ROS and INPUD zoning districts, however, the
2
applicant has proffered two rows of Leyland Cypress ten (10) feet on center in areas of
insufficient natural vegetation.
Compatibilitv with the Citv's Comprehensive and Neiahborhood Plans
Both Vision 2001-2020 and the Southern Hills Neighborhood Plan recognize the need to
protect the Blue Ridge Parkway and the Mill Mountain Parkway from development
pressure and inappropriate visual intrusions in addition to addressing erosion issues.
The proposed expansion of the applicant's substation will be in the opposite direction of
the Mill Mountain Parkway Spur, retaining the existing vegetative buffer between the
two uses. Additionally, the applicant is proposing to reduce the grade of the slope that
currently exists between the substation and the church property to allow for effective
erosion control and slope stabilization measures.
The following policies from the Vision 2001-2020 Comprehensive Plan and the
Southern Hills Neighborhood Plan are relevant in the consideration of the current
petition.
. Vision 2001-2020:
o EC P7. Blue Ridge Parkway. Roanoke will protect the Blue Ridge Parkway
and the spur within the City from development.
. Southern Hills Neighborhood Plan:
o Preserve City-owned parcels as open space, and avoid development near
Mill Mountain Parkway Spur.
o Avoid development on steep slopes or near parkway land. New development
should design excess capacity in erosion control and storm water
management measures.
Plannina Commission Discussion
The Planning Commission had no discussion regarding the applicant's request. There
were no comments from the audience during the public hearing.
Recommendation
By a vote of 6-0, the Commission recommends approval of the requested rezoning. The
Commission finds the application to rezone the subject property to ROS, Recreation
and Open Space District, with a proffered condition, for the expansion of an electrical
power substation to be consistent with the City's Comprehensive Plan and the Southern
Hills Neighborhood Plan.
Respectfully submitted,
I¡'J <:.: ì~'
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Henry Scholz, Chairma' f-f)\
Roanoke City Planning Commission
3
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Applicant
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"'C()N[)JTIONALI:U=ZO't~ING ......
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Date: 01/03/07
To: The Honorable Mayor a~d Me~b~rs of City coun~il'Wi:;g~~\~~¡;%'~!'~~i~f~~¡
c/o Department of Planning BUilding and Economic Development ,0,:>,:~?;{,,:tA'~';S'.)M'~';,·:
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Room 166, Noel C. Taylor Municipal BUilding ,.,'l",."..""..",l'P'.e,·,·v
215 Ch h A S W ·à<l'.No!!;l:1r::'·:>'i··(';-··,;·tr..::'
Roanok~~VA ~~~~~' . . ?1t:'~l'::~';)¡""'¡{; ":;tb!;~·¡;
Phone: (540) 853-1730 Fax: (540) 853-1230
A,Ii subm.iffä'~ .1iIiistÌ!~ tyPe,CJ;ifldÚde.allreqlfireÇJ. dOClf tiJe.ilta#onanda che.i;k· (orthe ,fiiiiJg' (fiiil.:
Application is hereby submitted for conditional rezoning for the property located at:
Property Address(es): 4229 Welcome Valley Rd. SW: Roanoke. Virainia 24011
Official Tax No(s): 5390113
Existing Zoning: INPUD
Requested Conditional Zoning: ROS
Proposed Land Use: A 40' X 280' wide tract of the land is in negotiations to be purchased by AEP to enlarge
the Sub Station, 'The 40' tract of land is zoned INPUD and the AEP property is zoned ROS.
. .. . .... . - .
Namë of Applicant/Contact Person: MikR I iV"Iy' ,
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, Måiling Add~~sS:·Appala~hi~iiPowe;C~mpany.
" PO Box2021'RoannkeVA 24022
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Applicant's signature: 912)2) .
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: Property Owner's NarTu~: TRSNewHope Christl,an Church.
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M¡¡i1ingAddress:4229Wei¿bmeyalleV Road SW
.. .' Roanoke: Virainiä24011:
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PrOperty o~~er'~signature:
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TelephOne: ,(540) 774-75Ei7
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Date: 01/03/07
To: Department of Planning Building and Economic Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, s.w.
Roanoke, VA 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
. Original: í
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Amended: -1<_ (must attach a copy of existing proffers)
Name of Applicant/Contact Person: Mike Lively,
Applicant's signature: 1/Ì('£i</'./!~/
Property Owner's Name:
TRS New Hope Christian !CfÍurch
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Property Owner's signature:
Pursuant to the Section 36.2-541 (c)(1), the owner(s) or duly authorized agent hereby
voluntarily proffers the following conditions which shall be applicable to the property, if
rezoned: .
The applicant hereby proffers that the property shall be developed in substantial conformity with the Concept Plan
prepared by Hurt and Proffitt, Inc. dated January 3, 2007 subject to changes as may be required by the City of
Roanoke during the Comprehensive Development Plan review.
(attach additional sheets as necessary)
.
.
REZONING APPLICATION ATTACH'fENT A
REPORT
FOR API' ALACIDAN POWER COMP A.,-;Y
CLEARBROOK STATION EXPAI\"SION
CITY OF ROANOKE, VIRGINIA
JANUARY 3, 2007
Appalachian Powcr Company (APCO) plans to expand an existing elcctrical power substation in
Roanoke, Virginia. The existing substation property consists of City Tax Map #5390116, Parcels 3
(1.002 acres) and 4 (1.020) acres. Both tracts are zoned Recreational apcn Space (RaS), for which an
elcctrical power substation is a use "by right". The existing ninety feet (90') wide by one hundred ten feet
(110') deep substation will be enlarged to tìnished dimensions of one hundred seventy three feet (173')
wide hy one hundred seventy eight feet (178') deep, for the purpose of enhancing electrical power
distribution in the area.
The project will include consolidation of the two APca parcels into a single tract, placement of
soil "fill" material to extend the existing station pad, installation of equipment, structures, and a sixteen
feet by twenty feet (16' x 20') control building for distribution of electricity, placement of an aggregate
surface, and relocation of the existing security fence around the expanded substation. The work will be
performed in two phases. Phase 1 will create the pad and make other site improvements necessary to the
project. such as relocating existing power lines in the area, re-routing an existing gravel driveway around
the project area, consolidation of the two tracts, and processing this rezoning. Phase 2 will be the actual
substation construction, the completion of which will ineludc relocating the security fence. The fence
around the existing suhstation will remain in plaee until this relocation takes place.
All construction will be entirely within the existing APCa propcrty, except for removal of items
constructed by the neighboring property owner, TRS New Hope Christian Church, across the common
property line and partially on the APCa property, and creation of the new slope down from the southwest
side of the builtup pad extension to tic back in to the existing ground surface at the limits of construction.
The substation construction will extend near enough to the common property line that keeping all work
within the AI'Ca property would require a "fill" slope from the pad back down to existing ground that
would be too steep to meet APCa rcquirements. The slope would also be sufficiently steep to make it
difficult to establish a proper vegetative cover (grass) for erosion control and stabilization of the final
grades, and would also be very difficult to maintain.
For this reason, APca approached TRS New 1I0pe Christian Church with an offer to purchase a
two hundred seventy six feet (276') wide by forty feel (40') deep portion of their property adjacent to the
APCa tract. Such a purchase would aceommodate the removal of the building and appurtenant structures
plaC<'d by the church on ArCa property, as well as enable ArCa to keep the tie-in grading and slope no
steeper than three horizontal to one vertical (3H: I V). A 311: I V slope will meet APCa requirements,
facilitate establishment of a turf cover for erosion control and slope stabilization, and allow safe and
efficient operation of equipment for mowing.
The church property is City Tax Map #5390113. It consists of 5.035 acres zoned Institutional
Planned Unit Development (INPUD), for which zoning an electrical power substation is also a use "by
right". Purchase of the 0.26 acre portion requcsted hy APCa will reduce the church tract to slightly less
than five acres.
APCa plans to complete the purchase of the 0.255 acre area, rezone it to RaS, consolidate it with
the two other Al'Ca tracts into one parcel of 2.277 acrcs, and proceed with the station expansion. The
schcdule for the rczoning consists of submittal of thc rezoning application January 4, 2007, prescntation
of the request at the February 15,2007 City Planning Commission session, and presentation of the request
at the March 19,2007 Roanoke City Council scssion, for a desired approval of the rezoning on March 20.
A slightly complicating factor is an existing "gap" in the survey information concerning the
various APCa and surrounding properties. Immediately southwest of the west common property corner
for the APCa substation and church properties is a triangular area of land extending to the southwest,
between the church property and another APca property to the west of it. It appears that there should be
a cummon property line for these two properties, hut in fact the available survey information shows an
area that is apparently not owned by anyone.
.
.
It is our understanding from City staff that Phase I of the project, consisting solely of grading and
appurtenant site work within the existing AI'CD property, can proceed during the rezoning process, upon
approval by the City of the Comprehensive Development Plan to be submitted for the project. APCD
tentatively plans to begin the Phase I work in January. It is hoped that approval of the rezoning
application by the Planning Commission in February will allow the City to issue a permit for the Phase 2
substation expansion construction, which would facilitate the APCD schedule of activating the expanded
substation by the end of April, 2007.
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REZONING APPLICATION ATTACHMENT B
LOCATION MAP
fOR APPALACHIAN POWER COMPANY
CLEARBROOK STATION EXPANSION
CITY OF ROANOKE. VIRGINIA
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REZONING APPLICATION ATTACHMENT 02
PLAT SHOWING
RECOMBINATION SURVEY FOR
APPALACHIAN ELECTRIC POWER COMPANY
CITY OF ROANOKE, YIRGINIA
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REZONING APPLICATION ATTACHMENT E
METES AND BOUNDS DESCRIPTION
FOR APPALACHIAN POWER COMPANY
CLEARBROOK STATION EXPANSION
CITY OF ROANOKE, VIRGINIA
01/03/07
Beginning at an iron pin marking the northeasterly most corner of the property of The
Trustees of New Hope Christian Church common with the southeasterly most comer of a
parcel conveyed to Appalachian Power Company in Deed Book 733 Page 61 in the
Circuit Court Clerk's Office of Roanoke County, Virginia; Thence along a line in the
boundary· of the aforementioned Trustees of New Hope Christian Church, having a
bearing ofS 56° 18' 38" W, passing through an iron pin set at 156.00 feet, a total
distance of 196.01 feet to an iron pin set in the common corner of the aforementioned
Trustees of New Bope Christian Church.; Thence along a new boundary line common
with the aforementioned Trustees of New Hope Christian Church a bearing ofN 35° 15'
22" W a distance of 280.00 feet to an iron pin set in the boundary line of a parcel
conveyed to the aforementioned Appalachian Power Company in Deed Book 733 Page
55 in the Circuit Court Clerk's Office of Roanoke County, Virginia; Thence with said
boundary line a bearing ofN 56° 18' 38" E, passing through an iron pin found at 40.01
feet a total distance of 196.01 feet to an iron pin set in the aforementioned boundary line;
Thence along a boundary line of a parcel conveyed to the aforementioned Appalachian
Power Company in Deed Book 733 Page 59 in the Circuit Court Clerk's Office of
Roanoke County, Virginia a bearing ofS 35° 15' 22" E a distance of280.00 feet to the
point and place of be ginning. Said Parcel containing a total of 1.259 Acres.
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The Roanoke Tj.m~s
Roanoke, Vj~ginia
Affidavit of Publicatio~
The RC)aI~oke rl;¡tes
.-------------+-. - --------
APPALACHIAN POWER COMPANY
POBOX 2021
ROANOKE VA 24022
NonCE OF PUBLIC
HEARING
REFERENCE, 80148430
10138922
NOTICE OF PUBLIC REA
The Council of the City of
Roanoke will hold a public
hearing on Monday, Mtlrch
19,2007, at 7:00 p.m.. or;
as soon thereafter as the,
matterma~ be heard, in the:
Council Chamber. fourth'
floor. in the Noel C. Taylor;
,Municipal Building, 215'
Church Avenue. S.W..'
Roanoke, Virginia. to
consider the following: . . !
Request from Trustees 01
New Hope Christian Church'
and Appalachian power¡
Company. to rezone a 40' II
1280' ~ortion of property'
located at 4229 Welcome
Valley Road, S.W.. bearing
Official Tall No. 5390113.
. from INPUD. Institutional
Planned Unit De....elopment
District. to ROS. Recreation
ílnd Open Space District.l
'with the cOl)ditlon [hat the'
Subject properly be:
developed in conformity wllh\
a proffered concept plan for
the purpose of ellpandlngan
eXi!ó;ting electrical pl)wer
substation. I
A copy of the application isl
íl~altable for re~ ew in the¡
,Office of the City Clerk.
Room 456, !lioel C. Taylor
[Municipal Building. 215,
Church Avenue. S.W.,·
Roanoke. Virginia. ,
All parties in Interest and I
citizens may appear on the
above dale and be heard on
¡the matter. If you Qre a
person with a disabilllywho
needs accommodations for
·thishearing. ph:!clsC contact
lhe City Clerk's Office. atl
1853.2541, before noon on
the Thursday before the date
of the hearing listed abQve.
. GIVE~ under my hand this
,2nd day of Marth, 2007.
I Stephanie M. Moon, CMC
, . City Clerk.
,
f ~~~.138922l
State of Virginia
City of Roanoke
.'., (the undersigned) an authorized representative
of the Times-World Corporation, ~hiçh c:orporatlon
is publisher of the Roanoke Times, a daily
newsp~per published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the followi~g
aa::.e¡:;:
City/County of Roanoke, Commonwealth/State of
V:"roltfÅ.a. Sworn and sübscribed before ~e tl:i.s
____JJ,Q__day of t4arch 2007. Nitness my hand
aI~fi~i.l seal.
--"!au-- --
Ny7~ommi s'on
4(µ..3J-:-26.Q~~~ (~
PUBLr3H£D ON, 03/05 03/12
TOTAL COST:
PILED ON,
369.18
03/H/Oï
..----------------------+---------..
¡\uthorized
Signature:
Billing Services
(-)
~
.-.:....
(""')
¡"'-.
ro:.
::0.0"
Represe:-lta t::' ve
0:"2'
.-..:1
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\.
~OTleE: OF 1'l/BUe IŒARI~G
The Council of the City of Roanoke will hold a puhlic hearing on Monday. \1arch 19. 21)()7.
at 7:00 IJ.ln.. l) " 3S soonlherealier as the maller may be heard. in the Council Ch:lJnhL'r. It)urlh 1100r.
inlh,' I\ocl C. Taylor Municipal Building. 215 Church i\\"L'nue. S. W.. Roanoke. Virginia. ILl C(lnsidL'r
Ilk- It)lIowing:
Requesl from Trustces of New lIope Christian Church and Appalachian
Power Company. to rez,lllL' a -It " ~ 2llO' portion of properl~ locatl'd al -122<)
Weleome Valley Road. S.W., bearing Ollïeial Tax NLl. 53')l) I 13. li'olll
1~I'CD.lnstitutional Planned Lnit DevclopmentDistrict.IO ROS. Recreation
and Open Space District, with the condition Ihat the subject property he
developed in conforl11ity wilh a proflered concept plan lor the pUrpL)Se of
cxpanding an existing elcctrical power subs(¡¡tion.
A copy of the application is available lor review in the Ortiel' orthe City Clerk. Room-l5(l.
N'lel C. Taylor \1unicipal Building. 215 Church Avcnue. S.W.. Roanoke. Virginia.
All parlies in interest and citizens may appear onlhe ahove date and he hl'ard on the malter.
I f you an: a person w'ith a disability who nceds accommodations lor tbis hearing. plcase contact the
City Clerk's Otììl'e. at 853-25-11, belt)t"e noon on thl' Thursday bclore the dall' orthc hearing lisled
ah~)\·L'.
GIVEN under my hand this 2nd day of. March
.2007.
Stephanie 'vI. 1\100n. CIVIC
City Clerk.
:;-l!':".·; ~':F'~ ':::::~:i,;~:ian C;~:.:n:,h .1 l~-.)·.'
Notice to Publisher:
Publish in thc Roanoke Times oncc on Monday, March 5. 2007 and Monday, March 12,2007.
Scnd affidavit to:
Stephanie M. Moon, City Clerk
215 Church Avcnue, S. W.
Roanokc, Virginia 2-1011
(540) 853-2541
Send bill to:
Appalachian Powcr Company
Attention: Mikc Lively
P. O. Box 2021
Roanoke, Virginia 24022
(5-10) 562-7064
CITY OF ROANOKE
OFFICE 01" THE CITY CLERK
215 Church Avenue, S. W.. Room .t56
Roanoke. Virginia 2.tOIl-1536
Tl' l'phone: 1540) 85.1-15·11
Fax: (5-10) 8.!'J·l1-1S
E-mail: c1erk(I!'roanoke'·;I.~O\·
SIU:II,A K lJ,\H.' ' \.(AN
,\ssistallt C'itJ (1erk
STEI'H.-\I\lE :\1. :\lOON. Cl\IC
t:ity Clerk
March 6, 2007
File #51
Appalachian Power Company
Attention: Michael F. Lively
P. O. Box 2021
Roanoke, Virginia 24022
Trustees of New Hope Christian Church
4229 Welcome Valley Road, S. W.
Roanoke, Virginia 24014
Dear Sir or Madame:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
March 19,2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., on the request of the Trustees of New Hope Christian Church and Appalachian
Power Company that a 40 foot by 280 foot portion of property located at 4229 Welcome
Valley Road, S. W., be rezoned from INPUD, Institutional Planned Unit Development
District, to ROS, Recreational Open Space District, subject to a proffered condition by the
petitioner.
For your information, I am enclosing copy of a report of the City Planning Commission and
a notice of public hearing. Please review the documents and if you have questions, you
may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with
regard to the City Planning Commission report should be directed to the Department of
Planning, Building and Economic Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the March 19
public hearing. Failure to appear could result in a deferral of the matter until a later
date,
Sincerely,
/iM.ofUi~h1. M;yv
Stephanie M. Moon, CMC r
City Clerk
SMM:snh
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA K HARTMA:-I
.-\ssistunl City <"::Il'rk
STEPHA:-IIE ~I. MOON. ole
Cit) Clerk
March 6, 2007
File #51
Russell & Patsy Etter
Rockydale Quarries Corporation
Bowman Associates
John M. Begley, Jr.
Downtown Car Company, LLC
E. S. Pickeral
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
March 19,2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., on the request of the Trustees of New Hope Christian Church and Appalachian
Power Company that a 40 foot by 280 foot portion of property located at 4229 Welcome
Valley Road, S. W., be rezoned from INPUD, Institutional Planned Unit Development
District, to ROS, Recreational Open Space District, subject to a proffered condition by the
petitioner.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Economic Development at 540-853-1730.
The City Planning Commission is recommending that Council approve the rezoning. If you
would like to receive a copy of the report of the City Planning Commission, please call the
City Clerk's Office at 540-853-2541.
Sincerely,
.. trJ .lY}ðlYV
Stephanie M. Moon, CMC
City Clerk
SMM:snh
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REQUEST FOR COMMEN'T
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STREET/ALLEY CLOSUI,E
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