HomeMy WebLinkAboutCouncil Actions 06-21-10
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CUTLER
38840-062110
REVISED
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 21, 2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by Dr. Maurita Wiggins, Valley Community
Divine Science Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, June 24 at 7:00 p.m., and Saturday, June 26 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 ACOPYOF
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.
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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.CLlCK ON THE SERVICE ICON,
CLICK 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
QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE
ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S
OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL
MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE 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 AT WWW.ROANOKEVA.GOV, TO OBTAIN
AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Resolution memorializing Judith Miller St.Clair, a former Deputy City Clerk for the
City of Roanoke. Adopted Resolution No. 38840-062110. (7-0) Presented
ceremonial copy of Resolution to the family of Ms. St.Clair.
A Resolution paying tribute to the Honorable M. Rupert Cutler, Council Member.
Adopted Resolution No. 38841-062110. (7-0) Presented ceremonial copy of
Resolution and Gift Basket to Council Member Cutler.
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A Resolution paying tribute to the Honorable Gwendolyn W. Mason, Council
Member. Adopted Resolution No. 38842-062110. (6-0) Presented ceremonial
copy of Resolution and Key to the City/Gift Basket to Council Member Mason.
A Resolution paying tribute to Police Chief A. L. "Joe" Gaskins. Adopted
Resolution No. 38843-062110. (7-0) Presented ceremonial copy of Resolution
and Key to the City to Chief Gaskins.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
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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.
4.
CONSENT AGENDA
(APPROVED 7-0)
A(L 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-1 A communication from Council Member Gwendolyn W. Mason, Chair, City
Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss annual performance evaluations of certain Council-Appointed
Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concurred in the request.
C-2 A communication from the City Manager requesting that Council schedule a
public hearing for Tuesday, July 6,2010 at 2:00 p.m., or as soon thereafter as the
matter may be heard, to consider a proposed deed of reservation for a public storm
drain easement in connection with the development of the Riverside Corporate
Centre.
RECOMMENDED ACTION:
Concurred in the request.
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C-3 Reports of qualification of the following individuals:
Tim Jones as a City representative to the Court Community
Corrections Program, Community Criminal Justice Policy Board, for a
three-year term ending June 30, 2013;
Marc K. Davis as a member of the Fair Housing, Board for a three-
yearterm'ofoffice ending March 31, 2013; and
Warner N. Dalhouse as a member of the Architectural Review Board
to fill the unexpired term of William D. Bestpitch ending October 1,
2010.
Richard F. Walters and Betty field as members of the Mill Mountain
Advisory Committee for three-year terms of office, each, ending
June 30, 2013;
Jeffrey E. Rakes as a City representative of the City of Roanoke
Pension Plan, Board of Trustees, to fill the unexpired term of
~eorge F. Taylor ending June 30, 2013;
Douglas C. Waters as a member of the Virginia Western Community
College Board of Directors for a four-year term of office ending
June 30,2014;
Susan L. Reese as a member of the Human Services Advisory Board
to fill the unexpired term of Dale Edmonston ending November 30,
2010; and
Marcus E. Huffman as a member of the Youth Services Citizen Board
to fill the unexpired term of Francine Craven ending May 31,2012.
RECOMMENDED ACTION:
Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
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7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
~ . City Market Building Historic Rehabilitation Project
ITEMS RECOMMENDED fOR ACTION:
1. Execution of Amendment No. 1 to the Redevelopment Plan for the
South Jefferson Redevelopment Area. Adopted Resolution No.
38844-062110. (7-0)
2. Acceptance and appropriation of 2010-2011 Community Development
and Block Grant, HOME Investment Partnerships Program and
Emergency Shelter Grant Program funds. Adopted Resolution No.
38845-062110 and Budget Ordinance No. 38846-062110. (7-0)
3. Acceptance and appropriation of additional funds for library
technology updates. Adopted Resolution No. 38847-062110 and
Budget Ordinance No. 38848-062110. (7-0)
4. Acceptance and appropriation of additional funds for the Western
Virginia Workforce Development Board Workforce Investment Act
Youth Programs for Program Year 2009. Adopted Resolution No.
38849-062110 and Budget Ordinance No. 38850-062110. (7-0)
5. Appropriation of funds for ongoing support of the City's Geographical
Information Systems (GIS) and online electronic transactions (e-Gov).
Adopted Budget Ordinance No. 38851-062110. (7-0)
6. Approval of an encroachment into the public right-of-way located at
1127 9th Street, S. E. Adopted Ordinance No. 38852-062110. (7-0)
7. Approval of a revised daily fare for Roanoke City Public School
students. Adopted Resolution No. 38853-062110. (7-0)
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8. Authorization to modify the loan agreement with Roanoke At Home,
LP, in connection with remaining debt of five Single Room Occupancy
properties acquired with a 1991 CDBG loan. Adopted Resolution
No. 38854-062110. (7-0)
9. Execution of Amendment NO.1 to the contract for purchase and sale
of real property with 220 Church, LLC. Adopted Ordinance No.
38855-062110. (6-1, Mayor Bowers voted no)
10. Execution of an agreement with EventZone for continuation of quality
festivals in downtown Roanoke for a period of one year, with the
option to renew for two additional one-year periods. Adopted
Ordinance No. 38856-062110. (7-0)
11. Transfer of funds in connection with additional upgrades to the
Roanoke Police Academy. Adopted Budget Ordinance No. 38857-
062110. (7-0)
12. Transfer of funds in connection with the City's E-911 Division.
Adopted Budget Ordinance No. 38858-062110. (7-0)
COMMENTS BY CITY MANAGER.
b. DIRECTOR Of fiNANCE:
1. ' Appropriation of funds in connection with the School's General fund
balance; and creation of contra revenue/expenditure accounts.
Adopted Budget Ordinance No. 38859-062110. (7-0)
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation
of funds for various educational programs; and a report of the Director
of finance recommending that Council concur in the request. Vivian
Penn-Timity, Director of Accounting, Spokesperson. Adopted
Budget Ordinance No. 38860-062110. (7-0)
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9. UNFINISHED BUSINESS:
a. Proposal of the City of Roanoke to convey City-owned property to Rebuilding
Together, Roanoke, Inc., located at 216 1ih Street, N. W., known as "the
former fire Station #5." (Matter was tabled from May 17, 2010 Council
Meeting.) (Matter was continued until July 6,2010 at 2:00 p.m.)
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. . A resolution naming the Norfolk and Western Class J611 "The Spirit of
Roanoke". Adopted Resolution No. 38861-062110. (7-0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
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AT 5:13 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450,
NOEL C. TAYLOR MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 21, 2010
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, June 24 at 7:00 p.m., and Saturday, June 26 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGMENTS:
Recognition of the 2010 Neighborhoods USA Conference Award Recipients.
The Mayor recognized the Old Southwest neighborhood and Estelle
McCadden.
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B. PUBLIC HEARINGS:
1. Proposal of the City of Roanoke to grant a conservation easement to the
Virginia Outdoors Foundation and the Western Virginia Land Trust on a
portion of the approximately 568-acre City-owned Mill Mountain Property.
Christopher P. Morrill, City Manager. Adopted Alternative Proposal
Ordinance No. 38862-062110. (6-1, Mayor Bowers voted no)
2. Proposal of the City of Roanoke to convey a 3.0-acre portion of City-owned
property, otherwise known as the Buena Vista Recreation Center, along with
an easement across the property to Scott and Ascension Horchler.
Christopher P. Morrill, City Manager. Adopted Ordinance No. 38863-
062110. (7-0)
3. Proposal of the City of Roanoke to renew a lease agreement with The Hertz
Corporation for a period of one-year, commencing July 1, 2010.
Christopher P. Morrill, City Manager. Adopted Ordinance No. 38864-
062110. (7-0)
4. Consideration to approve issuance by the City of Roanoke to contract a debt
and issue General Obligation Public Improvement Bonds, in the principal
amount of $14.8 million, to provide funds for a digital radio project ($6.108
million); Market Building Renovation Project ($5.561 million); and Public
Bridge Renovation Project ($1.125 million). Ann H. Shawver, Director of
Finance. Adopted Resolution No. 38865-062110 and Budget Ordinance
No. 38866-062110. (7-0)
C. OTHER BUSINESS:
1. A communication from the City Manager recommending amendment of the
City Code and Fee Compendium to establish an '8pplication fee to permit
street vending on City rights-of-way and City-owned properties. Adopted
Option 1 Ordinance No. 38867-062110 (5-2, Mayor Bowers and Vice-
Mayor Lea voted no) and Resolution No. 38868-062110. (6-1, Mayor
Bowers voted no)
2. A communication from the City Manager recommending authorization to
revise requirements for the Tax Exemption Program for the rehabilitation of
real property. Adopted Ordinance No. 38869-062110. (7-0)
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D. 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.
CERTIFICATION OF CLOSED MEETING. (7-0)
ADJOURNMENT -10:02 P.M.
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In/
Judith Gaynell Miller St. Clair
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The,21st day of June, 2010.
No. 38840-062110.
A RESOLUTION memorializing and paying tribute to Judith,
Gaynell Miller St.Clair for approximately forty-five years of dedicated
service to the City of Roanoke.
WHEREAS, the members of City Council learned with sorrow of the
passing of Ms. St. Clair on Friday, May 14,2010;
WHEREAS, prior to graduating from Jefferson High School in
1960, Ms. StClair joined the City "family" as a part-time Clerk-
Stenographer in the City Clerk's Office and thereafter worked full time
until August 1965, when she resigned to join her husband, who had served
In the armed forces, and to give birth to her first child;
WHEREAS, in 1967 returned to the City Clerk's Office as, a Clerk-
Stenographer for almost seven years, and was promoted as Deputy City
Clerk, a position she held until her retirement in February 1987; after
nearly four years, she returned to the City's employment and provided
administrative assistance to the Economic Development and Engineering
Departments, as well as the City Manager's Office, prior to being rehired
in the City Clerk's Office in 1991;
WHEREAS, having been employed with the City Clerk's Office for
almost thirty-five years, Ms. St. Clair was fortunate to have wo,:ked under
the leadership of three City Clerks -- the late J. Robert Thomas, the late
Virginia L Shaw, and Mary F. Parker (Chocklett), and also had the
privilege to work closely with four Mayors - the late Reverend Dr. Noel C.
Taylor (1977-1992), the Honorable Ralph K. Smith (2000-2004), the
Honorable Reverend C. Nelson Harris (2004-2008), and the current
Mayor, t~e Hon~rable David A. Bowers (1992-2000 and 2008 - present);
WHEREAS, Ms. St.Clair united in holy matrimony with Michael
Loving St.Clair on February 22, 1964, and was blessed with two children;
, David and Angela a daughter-in-law, Kelly, and two grandchildren; Noah
and Lauren;
)
WHEREAS, Ms. St.Clair was a devoted and committed member of
Beaverdam Baptist Church for over thirty-two years; she served in many
capacities within the church, such as Church Clerk, Sunday School
Teacher, Women on Mission, and the Beaverdam Choir; and
WHEREAS, Ms. St.Clair was' a devoted wife and mother, a loving
grandmother (affectionately known as "Nana"), a faithful sister and
thoughtful friend; she was always willing to listen, slow to speak q,nd quick
to forgive, as well as the ,epitome of grace and an inspiration to everyone
who knew her.
THEREFORE, BE IT RESOLVED by Council of the 'City of
Roanoke that:
1. Council adopts this Resolution as a means of recording its
deepest regret and sorrow at the passing of Judith Gaynell Miller St.Clair,
and extends to her family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
Resolution to Michael Loving St. Clair, husband, of Good view, Virginia.
APPROVED
ATTEST:
~~:~MC
City Clerk
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of June, 2010.
No. 38841-060710.
A RESOLUTION paying tribute to the Honorable M. Rupert Cutler, and
expressing to him the appreciation of the City and its people for his exemplary public
service.
WHEREAS, Dr. Cutler was born in Detroit, Michigan, and educated at the
University of Michigan, where he received a bachelor's degree in Wildlife
Management, and at Michigan State University, where he received a master's degree
and doctorate in Resource Development;
WHEREAS, Dr. Cutler retired in 1999 following a 45-year career in
journalism, education, environmental policy, and natural resources public
administration, and from 1991 to 1997 was executive director of Virginia's Explore
Park;
WHEREAS, Dr. Cutler served on City Cou/tcil from 2002 to 2006; and was
later appointed by the City Council to fill the unexpired term of Alvin L Nash
beginning March 2009;
WHEREAS, during his recent term on City Council, Dr. Cutler worked
diligently as Vice-Chair of the Personnel Committee; a member of the Roanoke City
Audit Committee; on the Board of Directors of the Greater Roanoke Transit Company;
as a member of the Legislative Committee; as a City Representative for the Roanoke
Valley Area Metropolitan Planning Organization's Policy Board; and as a City
Representative for the Virginia Municipal League Environmental Quality Policy
Committee; and
WHEREAS, Dr. Cutler has been actively involved in the community, serving as
a member and former president of the Kiwanis Club of Roanoke; chair of the Western
Virginia Water Authority; a member of the Board of Directors of the Western Virginia
Land Trust;,and a Trustee for the Virginia Outdoors Foundation; and has been active
with Sons of the American Revolution, Roanoke Valley Bird Club, the Roanoke
Appalachian Trail Club, the Virginia Gentlemen Barbershop Harmony Chorus, Blue
Ridge Public Television, the League of Older Americans, and the Harrison Museum of
African America Culture.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
I. Council adopts this Resolution as a means of recognizing and commending
the many services rendered to the City of Roanoke and its people by the Honorable M.
Rupert Cutler. .
2. The City Clerk is directed to forward an attested copy of this Resolution to the
Honorable M. Rupert Cutler.
ATTEST:
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City Clerk
APPROVED
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David A. Bowers
Mayor
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ATTEST:
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~~nie M. M~on/ CMC
City Clerk
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IN THE COUNCIL OF THE CITY OF ROANOKE, ViRGINIA,
The 21st day of June, 2010.
No. 38842-060710.
A RESOLUTION paying tribute to the Honorable Gwendolyn W. Mason, and
expressing to her the appreciation of the City and its people for her exemplary public
service.
WHER1iAS, Ms. Mason is a native of Richmond, Virginia, and was educated at
Smith College in Northampton, Massachusetts, where she received a B.A. in American
Government, and at the University of Virginia, Charlottesville, Virginia, where she
received an M. A. in Public Administration;
WHEREAS, Ms. Mason has worked as a grant writer for non-profit
organizations and as a consultant to Orchard House School, a research-based girls'
middle school in Richmond founded by her sister, Nancy W. Davies;
WHEREAS, Ms. Mason worked for 15 years for the Federal government in
Washington, D.C., including thirteen years at the Department of the Interior;
WHEREAS, Ms. Mason served on the staff of Interior Secretary Bruce Babbitt
for two years, and in 2001, was granted the Meritorious Service Award by the Secretary
of the Interior for her contributions to the Department;
WHEREAS, having been elected to City Council in May 2006, Ms. Mason has
served as a member of City Council since July 1, 2006;
WHEREAS, during her time on City Council, Ms. Mason has worked diligently
as Chair of the Personnel Committee, as Council Liaison to the Mayor's Committee for
People with Disabilities, as a member of the Roanoke City Audit Committee, on the
Board of Directors for the Greater Roanoke Transit Company, as Vice~Chair of the
Legislative Committee, as Council representative on the Virginia's First Cities
Coalition, and as City Representative on the Virginia Municipal League Community
and Economic Development Policy Committee; and
WHEREAS, Ms. Mason 'has been actively involved in the community, serving
as a Trustee for the Virginia Intermont College in Bristol, Virginia; a member of the
State Board on Conservation and Recreation; the Nature Conservancy, Virginia
Chapter; and the Governmental Relations Committee; has been active with the
Western Virginia Land Trust, and previously served on the Roanoke Parks and
Recreation Advisory Board and the Roanoke Stadium Study Committee.
THEREFORE, BE IT RESOLVED by the Council of the City 0/ Roanoke as
follows:
1. Council adopts this Resolution as a means of recognizing and commending
the many services rendered to the City of Roanoke and its people by the Honorable
Gwendolyn W. Mason. '
2. The City Clerk is directed to forward an attested copy of this Resolution to the
Honorai!le Gwendolyn W. Mason.
~.~~
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of June, 2010.
No. 38843-062110.
A RESOLUTION paying tribute to Chief A.L. "Joe" Gaskins on the occasion of his
retirement upon twelve years of service with the City of Roanoke Police Department.
WHEREAS, Chief Gaskins, a native of Bertie County, North Carolina, came to
Roanoke in 1998, after twenty-six years with the Newport News Police Department;
WHEREAS, Chief Gaskins has made community policing a priority since his arrival in
Roanoke, expanding the force's Community Oriented Policing Effort to improve citizen-police
interactions in the City's neighborhoods, resulting in the innovative Geographic Policing
Initiative, which has become a model for police departments across the nation;
WHEREAS, over the years Chief Gaskins has launched the Citizen Police Academy,
the Advanced Citizen Police Academy, the Senior Police Academy, and the Business Police
Academy, as initiatives aimed at enhancing community relations, and he set up the Chief's
Challenge Camp to teach rising ninth graders about police work, as well as the Police Cadet
Program for college students interested in a career in law enforcement;
WHEREAS, Chief Gaskins has implemented the. Disciplinary Review Board, a board
comprised of civilians and sworn supervisors from the Roanoke Police Department, to hear
the results of investigations into complaints against officers and recommend disciplinary
actions for officers;
WHEREAS, Chief Gaskins has implemented a number of staff and personnel changes
to improve police service to Roanoke's citizens, including forming the K-9 Unit; the Organized
Crime Squad, which targets organized drug operations; the Street Crimes Unit and Southside
Enforcement Team, which focus on street-level criminal activity; he has created a civilian
Crime Prevention Specialist position to facilitate citizen and media relations; expanded the
Crime Analysis Unit; added a special Cold Case Detective to work on unsolved homicides;
increased staff to address domestic violence and sexual assault; expanded Victim/Witness
services; targeted programs to reach out to the Hispanic population by adding a Hispanic
Outreach Specialist; and increased cooperation with various law enforcement agencies such
as ATF, ICE, DEA, FBI, and the Marshal Service;
WHEREAS, Chief Gaskins' exemplary efforts to decrease crime earned the City of
Roanoke the distinction of being named a Certified Crime Prevention Community in 2001 - a
one-of-a-kind program of recognition created by a 1998 directive from the Governor's New
Partnership Commission for Community Safety;
WHEREAS, Chief Gaskins has facilitated a number of advances in the department's
physical facilities, including the transition to a new police headquarters building in 2001, the
design of a mobile command vehicle which is used in high-crime areas to coordinate
operations and acts as a mobile substation to help bring a strong police presence into the
community, and, most recently, the new state-of-the-art Roanoke Police TrainingAcademy;
WHEREAS, Chief Gaskins has promoted the use of advanced departmental
technology, such as the ongoing project to implement the Roanoke Area Criminal Justice
Information Network, high-tech informational dashboard systems for police cruisers,
automated tag readers to improve recovery of stolen vehicles, "Panoscan" technology to
enhance forensic documentation of crime scenes or critical incidents, and he designed a new
color scheme for the police cruisers that makes the cruisers more visible in the community and
acts as a deterrent to crime;
WHEREAS, Chief Gaskins lead the department, first accredited in 1994, through four
consecutive re-accreditations by the Commission on Accreditation for Law Enforcement
Agencies (CALEA), including a perfect on-site assessment in 2008, and has been the driving
force behind the development of departmental policies intended to get the new Training
Academy CALEA accredited; and
WHEREAS, the Virginia Association of Chiefs of Police honored Chief Gaskins in
2008 with the President's A ward for his many years of service to Virginia law enforcement; he
was also awarded by the International Association of Chiefs of Police Environmental Crimes
Committee the Chief Dave Cameron Award for the department's participation in the Blue
Ridge Environmental Crimes Task Force, and he has also served as a representative for the
Virginia Association of Chiefs of Police on the' Virginia Criminal Justice Services Board, as
Vice-President of the Blue Ridge Association of Chiefs of Police, and as a member of the
Board of Directors for the Virginia Police Chiefs Foundation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke:
1. That it expresses a sincere appreciation to Chief A. L "Joe" Gaskins for his
dedicated service to the citizens of the City of Roanoke, Virginia.
2. That it recognizes the exemplary dedication shown by A. L "Joe" Gaskins to the
highest standards of professional performance and service.
3. That an attested copy of this Resolution shall be forwarded to Chief A. L. "Joe"
Gaskins.
ATTEST:
~~.~~
City Clerk
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APPROVED
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David A. Bowers
Mayor
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CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVID A. BOWERS
Mayor
June 21, 2010
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
M, Rupert Cutler
Sherman P. Lea
Gwen W, Mason
Anita 1. Price
Court G. Rosen
David B, Trinkle
I wish to request a Closed Meeting to discuss annual performance evaluations of certain
Council-Appointed Officers, pursuant to Section 2.2-3711, Code of Virginia as amended.
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dolyn W. Mason, Chair
City Council Personnel Committee
GWM:ctw
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request Public Hearing on a
Proposed Deed of
Reservation on Tax Map Numbter
1040202 for a Public Storm Drain
Easement to Serve Riverside
Corporate Centre
Background:
Development of the Riverside Corporate Centre requires the construction of a
new storm drain pipe from the intersection of Reserve Avenue and Jefferson
Street to the Roanoke River. the proposed pipe is being constructed as part of
the development by private entities. The storm drain pipe will be publicly
owned and maintained. The pipeline crosses City owned property identified by
Tax" Map Number 1040202, formerly the site of the National Guard Armory.
Since the pipeline will be maintained by the City, it is necessary to reserve a 40'
wide by 919.24; long public storm drain easement. A public hearing is required
before the Deed of Reservation may be placed.
Considerations:
The Deed of Reservation will allow the placement. of one public storm drain
easement on the above referenced parcel in connection with the development
of the Riverside Corporate Centre.
Honorable Mayor and Members of City Council
June21,2010
Page 2
Recommended Action:
Schedule a public hearing to be held on Tuesday, July 6, 2010, at 2:00 p.m. on
the above matter. A full report will be included in the July 6, 2010, agenda
material for your consideration.
CPM/PCS/lmb
Attachment
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Ann H. Shawver, Director of Finance
Robert K. Bengtson, PE, Director of Public Works
Thomas N. Carr, Director of Planning Building and Development
Susan S. Lower, Director of Real Estate Valuation
Philip C. Schirmer, PE, LS, City Engineer
CM10-00113
Exemption claimed: Grantee is exempted from recordation taxes
and fees pursuant to '58.1-11A(3), Code of Virginia.
Prepared by the Office of the City Attorney
Official Tax No. 1040202
Property Owner City of Roanoke, Virginia
THIS DEED OF RESERVATION, is entered into this _ day of
,2010, by the
CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws ofthe
Commonwealth of Virginia ("City"), as Grantor, on behalf of itself
WIT N E SSE T H:
WHEREAS, the City is currently the owner of certain property located in the City of Roanoke and
shown on the easement plat referenced below;
WHEREAS, the City desires to reserve a storm drain easement unto itself across the property in
)
connection with the development and construction of the Riverside Corporate Center; and
WHEREAS, a public hearing was held on
2010, pursuant to Sections 15.2-1800 and
15.2-1821 of the Code of Virginia (1950) as amended, whereby City Council for the City of Roanoke,
Virginia authorized the placement ofthis Deed of Reservation.
NOW, THEREFORE, the City does hereby reserve unto itselfits successors and assigns, the
following described storm dr;lin easement, for the purpose of supporting a drain pipe, . and for the
purpose of constructing and installing and thereafter maintaining, operating, relaying and, ifnecessary,
replacing, a public storm drain system, said easement being over, through and across real estate lying
in the City of Roanoke, Virginia, bearing Official Tax Map No.1 040202, and being more particularly
described as follows:
C:IDOCUME-l ICMJBl ILOCALS-l lTEMPINOTESFFF6921A ITACHMENT CI1YSlDRMDRAINEASMNT.DOC
1
Tax Map No. 1040202
A permanent 40' wide by919.24' long, public storm drain easement containing 36,583.835
sq.ft., more or less, extending in length from north to south across the entirety of the
property, the centerline of which easement is approximately 50' westward from the edge of
Jefferson Street, as more particularly shown on the attached plat entitled "Plat Showing a
40' Public Storm Drainage Easement on the Property of the City of Roanoke, Virginia"
dated May 26,2010, prepared by AECOM, on file in the Clerk of Circuit Court's Office for
the City of Roanoke, Virginia, in Deed Book Page , which is hereby
incorporated by reference herein.
The grant and provisions ofthis Deed of Reservation shall constitute a covenant running with the land
for the benefit of the Grantor, its successors and assigns forever.
Approval of this instrument as to form by the Office ofthe Roanoke City Attorney, along with the
recordation ofthis instrument constitutes Grantors=s acceptance ofthe real estate conveyed herein.
WITNESS the following signatures and seals:
CITY OF ROANOKE VIRGINIA
ATTEST:
By:
(SEAL)
Christopher P. Morrill, City Manager
Stephanie Moon, City Clerk
COMMONWEALTH OF VIRGINIA
, To-wit:
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this _day of
Christopher P. Morrill, City Manager ofthe City of Roanoke, for and on behalf ofthe City.
, 2010,
My Commission expires:
Notary Public
C:\DOCUME- J\CMJBl\LOCALS-I\lEMPINOlESFFF6921A TIACHMENT CITYSTORMDRAINEASMNTDOC
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~ATH/RLENAME: M:\ PROJECTS\ WATER\60 142961 \OOOl\CAOO\OWG\SW- EASEMENT. DWG
LAST UPDATE: Wednesday, ~y 26, 20iO 10:59:09 AltA PLOT DATE: Wednesday. Idoy 26. 2010 10:59:44 Aid
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1031' FAANKIM RCMO
ItClftNOI(!, VIRGINIA 24Q18
PHONE (!40) 857-3100
n
STEPHANIE M. MOON, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
J u n e 24, 20 1 0
Kathryn Van Patten, Director
Court and Community Corrections
1627 East Main Street
Salem, Virginia 24153
Dear Ms. Van Patten:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This isto advise you that Tim Jones has qualified as a City representative to the
Court Community Corrections Program, Regional Community Criminal Justice
Policy Board, for a three-year term of office ending June 30, 2013.
Sincerely,
K:\Oaths-Qualifjcation\Court Community Corrections Program\Tim Jones Qualifjcation.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-Wit:
I, Tim Jones, do solemnly affirm that I will support the Constitution of the United
States of America and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
City representative to the Court Community Corrections Program, Community Criminal
Justice Policy Board for a three-year term of office ending June 30, 2013, according to
the best of my ability (So help me God).
/J '~.
~~dT'P ~. 7h?~
Subscribed and sworn to before me this B day of ~U.rJL-201 O.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
U /J <v,,, / ~ ) 'J)~!1"''?s-
BY~ '7v(J/fi<.)IV' , CLERK
L\CLERK\DA TA \CKSMl \Oaths\Court-Community Corrections Program\Deputy Police Chief Tim Jones oath,doc
STEPHANIE M. MOON, CMC
City Clerk
Karl Kleinhenz, Secretary
Fair Housing Board
Roanoke, Virginia
Dear Mr. Kleinhenz:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254]
Fax: (540) 853-] ]45
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
o Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 24, 2010
This is to advise you that Marc K. Davis has qualified as a member of the Court
Fair Housing Board, for a three-year term of office ending March 31, 2013.
Sincerely,
Jonathan E. Craft
Deputy City Clerk
K:\Oaths-Qualification\Fair Housing Board\Marc Davis Qualification,doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Marc K. Davis, do solemnly affirm that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and- perform all the
duties incumbent upon me as a member of the Fair Housing Board for a three-
year term of office ending March 31, 2013, according to the best of my ability (So
help me God).
/Ii-Y(29J
. Y'1 nhdJ ~
Subscribed and sworn to before me this~ day 0~L01 O.
K OF THE CIRCUIT COURT
,c~
L:\CLERK\DA T A \CKSM 1 \Oaths\FairHousing Board\Marc K Davis oath.doc
STEPHANIE M. MOON, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
June 24, 2010
Barbara A. Botkin, Secretary
Architectural Review Board
616 Marshall Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Botkin:
JONATHAN E.CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Warner N. Dalhouse has qualified as a member of the
Architectural Review Board to fill the unexpired term of William D. Bestpitch, ending
October 1,2010.
Jonathan E. Cra
Deputy City Clerk
".1.)'; I))
Oath -or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Warner' N. Dalhouse, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a member of the Architectural
Review Board to fill the unexpired term of William D. Bestpitch ending October 1,
2010, according to the best of my ability (So help me God).
~~,,-
Subscribed and sworn to before me this ~ day of -::ruNt.- 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
n/), ])~f4'tir
BY ~i-11.trf71JJt\/ . ,CLERK r
L:\CLERK\DA T A\CKSM 1 \Oaths\Aichitectural Review Board\Wamer Dalhouse oath, doc '-,.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
Nicole Ashby, Secretary
Mill Mountain Advisory Committee
Roanoke, Virginia
Dear Ms. Ashby:
June 24,2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This !s to advise you that Richard F. Walters has qualified as a member of the Mill
Mountain Advisory Committee for a three-year term of office, ending June 30, 2013.
Sincerely,
-,
Oath or Affirmation of Office
Commonwealth'ofVirginia, City of Roanoke, to-wit:
I, Richard F. Walters, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform" all the duties incu mbent upon me as a member of the Mill
Mountain Advisory Committee for a three-year term of office commencing
July1, 2010 and ending June 30, 2013, according to the best of my ability (So
help me God).
WE~
Subscribed and sworn to before me this /tfi""day of JU{}~ 2010.
. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
CLERK
L:ICLERKIDAT A ICKSM I IOathsIMill Mountain Advisory CommitteelRichard Walters oath.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
June 24, 2010
Nicole Ashby, Secretary
Mill Mountain Advisory Committee
Roanoke, Virginia
Dear Ms. Ashby:
This is to advise you that Betty Field has qualified as a member of the Mill Mountain
Advisory Committee for a three-year term of office, ending June 30, 2013.
Sincerely,
Jonathan E. Cr
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Betty Field, do solemnly affirm that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the Mill Mountain Advisory
Committee for a three-year term of office ending June 30, 2013, according to
the best of my ability (So help me God).
~f~
Subsc;ibed and sworn to before me this \ ~ay oUkl\.-e 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
. ~ :g;;nJu. _
BY . ,CLERK a
::-'.<J..:O. :',':
L:\CLERK\DAT A \CKSMl \Oaths\Mill Mountain Advisory Committee\Betty Field oath,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
June 24, 2010
Ann H. Shawver, Secretary
City of Roanoke Pension Plan, Board of Trustees
Roanoke, Virginia
Dear Ms. Shawver:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Jeffrey E. Rakes has qualified as a City representative ofthe City
of Roanoke Pension Plan, Board of Trustees to fill the unexpired term of George F. Taylor,
ending June 30, 2013.
SinCerelY~
Jonathan E. Craft
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jeffrey E. Rakes, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a City representative of the City of Roanoke
Pension Plan, Board of Trustees, to fill the unexpired term of George F. Taylor
ending June 30, 2013, according to the best of my ability (So help me God).
~2
Subscribed and sworn to before me this ~ay of 1.tYle.. 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
,~
L:\CLERK\DA T A \CKSM 1 \Oaths\Board of Trustees, City of Roanoke Pension PlanVeffrey Rakes oath,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
June 24, 2010
Dr. Robert Sandel, President
Virginia Western Community College
P. O. Box 14007
Roanoke, Virginia 24038-4007
Dear Dr. Sandel:
This is to advise you that Douglas C. Waters has qualified as a member of the Virginia
Western Community College Board of Directors for a four-year term of office commencing
July 1, 2010 and ending June 30, 2014.
Jonathan E. ft
Deputy City Clerk
-, " .r ~
:__1 ; ! 1 "_'
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Douglas C. Waters, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Virginia
Western Community College Board of Directors for a four-year term of office
commencing July 1, 2010 and ending June 30, 2014, according to the best of
my ability (So help me God).
Subscribed and sworn to before me thisLi~ Of~Ol 0..
BRENDA S. HAMILTON, CL
B~
OF THE CIRCUIT COURT
,~
L: \CLERK \D AT A \CKSM I \Oaths\ Virginia Western Community College Board\Douglas W ate~s oath. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC .
City Clerk .
Teresa McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
June 24,2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Susan L. Reese has qualified as a member of the Human
Services Advisory Board to fill the unexpired term of Dale Edmonston ending
November 30, 2010.
Sincerely,
Jonathan E. ~
Deputy City Clerk
(
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Susan L. Reese do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the Human Services Advisory Board
to fill the unexpired term of Dale Edmonston ending November 30, 2010,
according to the best of my ability (So help me God).
~.~/
Subscribed and sworn to before me thiS~ay Of~ 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
, CLERK
BY
,
.~. ,...
K:\Oaths\Human Services Advisory Board\Suan L. Reese oath.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 24, 2010
Michael Clark, Secretary
Youth Services Citizen Board
Roanoke, Virginia
Dear Mr. Clark:
This is to advise you that Marcus E. Huffman has qualified as a member of the Youth
Services Citizen Board to fill the unexpired term of Francine Craven ending May 31,2012.
Sincerely,
Jonathan E. Cra
Deputy City Cler
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Marcus E. Huffman, do solemnly affirm that I. will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Youth
Services Citizen Board t,o fill the unexpired term of office of Francine Craven
ending May 31, 2012, according to the best of my ability (So help me God).
L [.11/)
Subscribed and sworn to before me this!~ay Of~201 O.
BREN~A7HAMILTON,CL
BY~C
ER~
L:\CLERK\DA T A \CKSM I \Oaths\ Youth Services Citizen Board\Marcu Huffman oath,doc
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
JONATHAN E, CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 28, 2010
Glenda Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Edwards:
I am enclosing a certified copy of Resolution No. 38844-062110 approving.
Amendment No. 1 to the Redevelopment Plan for the South Jefferson
Redevelopment Area; effective July 1, 2010; and providing for the City Clerk to
take certain actions.
The abovereferenced measure was adopted by the Council of, the City of
Roanoke at a regular meeting held on Monday, June 21, 2010.
Sincerely,
Jonathan E. Cr
Deputy City Clerk
Enclosure
K:\Agenda COlTespondence\June 21, 2010\June 21,20 10,doc
p1.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
-No. 38844-062110.
A RESOLUTION approving Amendment No.1 to the Redevelopment Plan for the South
Jefferson Redevelopment Area; providing for an effective date for such Amendment No.1; and
providing for the City Clerk to take certain actions.
, WHEREAS, by Resolution of the Board of Commissioners of the City of Roanoke
Redevelopment and Housing Authority ("RRHA") dated March 12,2001, RRHA approved the
Redevelopment Plan for the South Jefferson Redevelopment Area (the "Redevelopment Plan");
WHEREAS, the Council of the City of Roanoke by Resolution No. 35248-031901,
adopted March 19,2001, approved the Redevelopment Plan;
WHEREAS, RRHA has pursued the Goals and Objectives of the Redevelopment Plan by
acquiring and clearing properties in the South Jefferson Redevelopment Area and making those
properties available for redevelopment in accordance with the terms of the Redevelopment Plan,
and by pursuing other activities consistent with the Goals and Objectives of the Redevelopment
Plan;
WHEREAS, RRHA continues to pursue the Goals and Objective of the Redevelopment
Plan;
WHEREAS, RRHAhas disposed of certain property m the South Jefferson
Redevelopment Area under agreements obligating the purchaser to redevelop the property in
, accordance with the terms of the Redevelopment Plan, but such redevelopment has not yet been
completed;
R-Amendment I to SJRP,doc
1
WHEREAS, RRHA has acquired and holds title to properties in the South Jefferson
Redevelopment Area which are in need of redevelopment as a part of the Redevelopment Plan,
but which have not yet been redeveloped;
WHEREAS, RRHA is currently engaged in condemnation proceedings for the
acquisition of property in the South Jefferson Redevelopment Area, which property is in need of
redevelopment as a part of the Redevelopment Plan;
WHEREAS, efforts undertaken by RRHA under the terms of the Redevelopment Plan,
combined with private activities in the South Jefferson Redevelopment Area, have resulted in
substantial progress toward achieving the Goals and Objectives of the Redevelopment Plan, but
there remains a need for targeted attention to those properties which RRHA has acquired, or is in
the process of acquiring, but which have not yet been redeveloped, as well as to other properties
located in the South Jefferson Redevelopment Area;
WHEREAS, it is necessary and appropriate that the Redevelopment Plan remain in place,
and that redevelopment activities continue in the South Jefferson Redevelopment Area;
WHEREAS, The City of Roanoke and RRHA are parties to an "Amended and
Supplemented South Jefferson Cooperation Agreement 2," as amended, which, among other
things, provides for the RRHA to accomplish the Goals and Objectives set forth in the [South
. Jefferson Redevelopment] Plan," and in March 2009 such Agreement was extended for a period
of five (5) years, to and including March 18, 2014, so as to permit RRHA to continue pursuing
the Goals and Objectives of the Redevelopment Plan;
WHEREAS, it is necessary to amend the Redevelopment Plan in order to reflect changes
in State law, including (but not limited to) restrictions on the use of eminent domain which will
become applicable to the Redevelopment Plan effective July 1, 2010;
J
R-Amendment 1 to SJRP,doc
2
WHEREAS, the proposed "Amendment No.1 to Redevelopment Plan - South Jefferson
Redevelopment Area," a copy of which is attached to the City Manager's letter dated June 21,
2010, to this Council, describes in more detail the activities that have been undertaken to date
under the Redevelopment Plan, describes the current conditions in the South Jefferson
Redevelopment Area, and would amend the Redevelopment Plan in order to reflect the
referenced changes in State law;
WHEREAS, the City has gIVen written notice of the City's intent to consider the
proposed "Amendment No.1 to Redevelopment Plan - South Jefferson Redevelopment Area" to
all current owners of property in the South Jefferson Redevelopment Area previously disposed of
by RRHA for use in accordance with the Redevelopment Plan, as required by the terms of the
Redevelopment Plan, in order for such Amendment to become effective;
WHEREAS, it does not appear that approval of the proposed "Amendment No. 1 to
Redevelopment Plan - South Jefferson Redevelopment Area" will have a material adverse
impact on any such owners;
WHEREAS, the continued operation of the Redevelopment Plan, as amended in
accordance with the proposed "Amendment No. 1 to Redevelopment Plan - South Jefferson
Redevelopment Area" will in fact benefit the property owners in the South Jefferson
Redevelopment Area; and
WHEREAS, the RRHA Board of Commissioners, at its meeting on May 24, 2010,
unanimously approved and adopted "Amendment No. 1 to Redevelopment Plan - South
Jefferson Redevelopment Area," provided that if such Amendment No. 1 is approved by the
Council of the City of Roanoke such Amendment shall become effective June 30, 2010.
R-Amendment 1 to SJRP.doc
3
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That "Amendment No. 1 to Redevelopment Plan - South Jefferson
Redevelopment Area" is hereby approved by the Council of the City of Roanoke.
2. That such "Amendment No. 1 to Redevelopment Plan - South Jefferson
Redevelopment Area" as attached to the above mentioned City Manager's letter"having been
approved and adopted by the Board of Commissioners of the RRHA at its meeting on May 24,
2010, and hereby being approved by the Council of the City of Roanoke, shall and does become
effective June 30, 2010.
3. The City Clerk is hereby directed to file a copy of the "Amendment No.1 to
Redevelopment Plan - South Jefferson Redevelopment Area" with the minutes of this meeting in
the Clerk's Office, attach a copy to this Resolution, and to send a certified copy of this
Resolution to the Executive Director of the RRHA.
Ara,.~
(
R-Amendment 1 to SJRP,doc
4
.\
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
June 21, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Amendment No: 1 - South
Jefferson Area Redevelopment Plan
Background:
On March 12, 2001, the Board of Commissioners of the City of Roanoke
Redevelopment and Housing Authority (RRHA) approved the Redevelopment Plan
for the South Jefferson Redevelopment Area (Redevelopment Plan) which
designated the scope and extent of a Redevelopment Project. The City Council
subsequently approved the Redevelopment Plan on March 19,2001.
At its meeting of May 24, 2010, the RRHA Board of Commissioners unanimously
approved Amendment No. 1 to the Redevelopment Plan for the South Jefferson
Redevelopment Area, a copy of which is attached. The RRHA Board Resolution
provided that, if approved by the City Council" such Amendment No. 1 would
become effective on June 30, 2010. The amendment proposes substantive
amendments to certain parts of the Redevelopment Plan which have been
necessitated by changes in State law including, but not limited to, restrictions on
the use of eminent domain, which become effective as it pertains to the
Redevelopment Plan on July 1, 2010. In the future, any acquisition of property by
eminent domain within the Redevelopment Area would be conducted only as
permitted under current State Code, and/or other applicable laws, and would be
conditioned on further action of the RRHA Board of Commissioners approving the
use of eminent domain and setting out other findings required by law.
The proposed amendment would remove the ''To be acquired" designation from
remaining properties not currently included in a condemnation proceeding in the
South Jefferson Redevelopment Area, and replace it with a designation of "To be
considered for acquisition." Under the amendment, RRHA would not actively seek
Honorable Mayor and Members of City Council
June 21,2010
Pag e 2
to acquire any additional properties in the South Jefferson Redevelopment Area,
but would only consider acquisition of any property so designated through
voluntary transactions with landowners or acquisitions at the request of
landowners, subject to availability of funding from the City of Roanoke.
The amendment also describes activities that have been undertaken to date under
the Redevelopment Plan, and describes current conditions in the redevelopment
area and ongoing revitalization and redevelopment activities undertaken by private
property owners. It is desirable and appropriate that certain aspects of the
Redevelopment Plan remain operative in order to control, direct, and assist the
ongoing and future development of remaining parcels still in need of
redevelopment. Therefore, as indicated in Amendment No.1, other provisions of
the original plan, as adopted, remain in effect.
Pursuant to the terms of the Redevelopment Plan, owners of property in the
Redevelopment Area previously disposed of by the RRHA received a written notice,
including the time and place of the City Council. meeting, regarding the proposed
amendment at least thirty days prior to consideration and adoption by the City
Council. Such notice was included with the notice sent by the RRHA to the owners
described above. The City Council received a briefing on Amendment No.1 from
RRHA's legal counsel at its June 7, 2010 meeting.
Recommendation:
Adopt a Resolution approving "Amendment No. 1 to Redevelopment Plan - South
Jefferson Redevelopment Area."
Provide that such Amendment No.1 shall become effective June 30, 2010.
Provide for the City Clerk to file a copy of such Amendment No.1 with the minutes
of the City Council meeting, attach a copy to the Resolution adopted by Council,
and send a certified copy of such Resolution to the Executive Director of the RRHA.
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance .
R. Brian Townsend, Assistant City Manager for Community Development
GlendaJ. Edwards, Executive Director, RRHA
CM 1 0-0011 6
AMENDMENT NO.1 TO REDEVELOPMENT PLAN
SOUTH JEFFERSQN REDEVELOPMENT AREA
Roanoke Redevelopment and Housing Authority
This Amendment No. I to the Redevelopment Plan for the South Jefferson Redevelopment Area
(hereinafter referred to as the "Amended Redevelopment Plan" or the "Amended South Jefferson
Redevelopment Plan) amends and supplements, but does not replace, the Redevelopment Plan for the area
that was approved by the Board of Commissioners of the City of Roanoke Redevelopment and Housing
Authority on March 12,2001, and approved by the Roanoke City Council on March 19,2001. This
Amended Redevelopment Plan constitutes the Revitalization Plan for the area for the next five (5) years.
This Amended Redevelopment Plan has an effective date of June 30,2010. It consists of eighteen (18)
pages, two (2) maps and one (1) appendix.
In the event there is any conflict between the provisions of the original South Jefferson Redevelopment
Plan and this Amended Redevelopment Plan, then the provisions of the two Plans shall be construed
insofar as possible to be consistent, but if this is not possible then the provisions of this Amended
Redevelopment Plan shall govern.
;
TABLE OF CONTENTS
Pal!e
A. INTRODUCTION 3
B. DESCRIPTION OF PROJECT AREA 3
C. CONDITIONS REQUIRING REDEVELOPMENT AT TIME OF APPROVAL
OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN 6
D. REDEVELOPMENT ACTIVITY SINCE APPROVAL OF THE ORIGINAL
SOUTH JEFFERSON REDEVELOPMENT PLAN 7
E. OTHER PRIVATE ACTIVITY IN THE REDEVELOPMENT AREA SINCE
APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT
PLAN 8
F. OTHER ACTIVITIES IN THE REDEVELOPMENT AREA SINCE APPROV AL
OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN 8
G. PROGRESS TOWARD ACHIEVING GOALS AND OBJECTIVES SINCE
APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT
PLAN 9
H. REDEVELOPMENT AREA TO REMAIN IN EFFECT AS DELINEATED
IN ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN 10
I. GOALS AND OBJECTIVES TO REMAIN IN EFFECT AS TO
UNDEVELOPED PARCELS 10
J. GENERAL LAND USE PLAN TO REMAIN IN EFFECT 10
K. REDEVELOPMENT TECHNIQUES TO BE USED TO ACHIEVE PLAN
OBJECTIVES 10
L. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL LAW 13
M. CONTINUING OBLIGATIONS OF PURCHASERS AS TO PROPERTY
ACQUIRED PRIOR TO EFFECTIVE DATE OF THIS AMENDED
REDEVELOPMENT PLAN 17
N. PROCEDURES FOR AMENDMENTS 18
2
AMENDED SOUTH JEFFERSON REDEVELOPMENT PLAN
Effective as of June 30,2010
CITY OF ROANOKE, VIRGINIA
A. INTRODUCTION
On March 12, 2001, the Board of Commissioners of the City of Roanoke Redevelopment and Housing
Authority ("RRHA") approved the original South Jefferson Redevelopment Plan, in which the South
Jefferson Redevelopment Area was designated as a REDEVELOPMENT PROJECT under Chapter 1,
Article 7, Title 36, Code of Virginia (as in effect in March 2001) because it was found to be a "blighted
or deteriorated area" in need of concentrated public action in order to remove blight and blighting
influences and permitproper redevelopment so as to strengthen the economic base of the City of
Roanoke, Virginia. The Roanoke City Council subsequently approved the South Jefferson
Redevelopment Plan on March 19,2001.
The problems identified in the South Jefferson Redevelopment AreaincIuded: deteriorated and
dilapidated structures, deficient streets, sidewalks, and drainage, deleterious land uses, obsolete
layout/faulty arrangement of design, obsolescence, flood hazards, abandoned structures, abandoned
vehicles, an accumulation of debris and overgrown lots, depressed economic business activity, and a
decline in the economic impacts for the City of Roanoke. Studies determined that 74.4% of the total land
area, comprising 77.8% of the tax parcels, in the South Jefferson Redevelopment Area was, for one or
more of the reasons set forth in the applicable statutes, either blighted and deteriorated or improperly
developed, Or both. The remaining parcels were adversely affected by these conditions. The target area
was designated as a Redevelopment Area for the purpose of removing blight and blighting influences and
with a goal of providing for the physical and economic revitalization of the area.
As explained in more detail below, efforts undertaken by RRHA under the terms of the original South
Jefferson Redevelopment Plan, combined with private activities in the South Jefferson Redevelopment
. Area, have resulted in substantial progress toward achieving the goals and objectives of the original South
Jefferson Redevelopment Plan. RRHA is still engaged in redevelopment activities on parcels within the
South Jefferson Redevelopment Area, and there remains a need for targeted attention to those properties
as well as to properties located in Phase 4 of the South Jefferson Redevelopment Area.
B. DESCRIPTION OF PROJECT AREA
The boundary of the South Jefferson Redevelopment Area is delineated on the Boundary and
Acquisition Map (Exhibit ]a). South Jefferson Redevelopment Area, Roanoke Redevelopment and
Housing Authority (RRHA), dated January 5, 2001, and is further described as follows:
BOUNDARY DESCRIPTION
SOUTH JEFFERSON REDEVELOPMENT AREA
BEGINNING at the southwestern point of Parcel1040] 02, City Tax Map, on the eastern right-of-way
line of Route 220, Roy Webber Expressway;
Thence, northeasterly approximately 32.5 feet along the right-of-way of Route 220 to a point, said point
being the northwestern corner of Parcel 1040102, City Tax Map;
3
Thence, easterly approximately 994.4 feet along the northern property line of Parcel 1040102, City Tax
Map, to its intersection with the western right-of-way line of Franklin Road.
Thence, continuing easterly approximately 62 feet across Franklin Road to a point on the eastern right-of-
way line of Franklin Road;
Thence, northerly approximately 229.5 feet along the eastern right-of-way line of Franklin Road to a
point approximately 37.5 feet west of Parcel 1032205, City Tax Map;
Thence, easterly approximately I] 73.38 feet to a point approximately 30 feet north of the northernmost
boundary point of Parcel 1032207 Tract A, City Tax Map;
Thence, northeasterly approximately 762.51 feet to a point on the western right-of-way line of Jefferson
Street; ,
Thence, northerly approximately ]409.5 feet along the western right-of-way line' of Jefferson Street to the
intersection of said line with the northern right-of-way line of Albermarle Avenue;
Thence, easterly approximately 372.5 feet along the northern right-of-way line of Albermarle Avenue to
the intersection of said line with the western right-of-way of the alley closed by ordinance 22087-3375;
Thence, northerly 136.2 feet along said alley right-of-way line to its intersection with the northern
property line of Parcel 4021503, City Tax Map; Thence, westerly approximately 193.6 feet along the
northern property lines of Parcels 4021503, 4021508 and 402]507, City Tax Map, to the intersection of
said line with the western property line of Parcel 4021505, City Tax Map;
Thence, northerly approximately 270.0 feet along the western property line of Parcel 4021505 to the
intersection of said line with the southern right-of-way line of Highland Avenue;
Thence, continuing northerly approximately 50 feet along the western right-of-way line of Highland
Avenue to the north right-of-way line of said Avenue;
Thence, easterly approximately 246.5 feet along the northern right-of-way line of Highland Avenue to the
intersection of the said right-of-way line with the western right-of-way line of 3'd Street;
Thence, continuing easterly across 3rd Street approximately 50 feet to a point, said point being on the
eastern right-of-way-of 3rd Street;
Thence, southerly approximately 1340.6 feet along the eastern right-of-way line of 3'd Street to the
intersection of said line with the northern right-of-way line extended of the Norfolk Southern Corporation
Railway eastern tracks;
Thence, continuing easterly across the northern right-of-way line extended of the Norfolk Southern
Corporation Railway to the intersection of said line with the southern most property boundary point of
Parcel 4030307 , City Tax Map, on the eastern right-of-way line of the Norfolk Southern Corporation
Railway;
Thence, northerly approximately 1152 feet along the eastern right-of-way line of the Norfolk Southern
Corporation Railway to the intersection of said line with the southern right-of-way line of Albermarle
Avenue;
4
Thence, continuing northerly approximately 50 feet across Albermarle Avenue to a point at the
intersection ofthe northern right~of-way line of Albermarle Avenue with the western most property
boundary point of Parcel 4020920, City Tax Map;
Thence, northerly approximately 211.0 feet along said western property line of Parcel 4020920, City Tax
Map, to its intersection with the southwestern right-of-way line of 4\h Street;
Thence, continuing north approximately 427.7 feet to a point along the northern right-of-way line of 41h
Street;
Thence, southeasterly approximately 50 feet across 4th Street to a point at the intersection of the southern
right-of-way line of 4th Street and the northern property line of Parcel 4021914, City Tax Map;
Thence, southeasterly approximately 110 feet along the northern property line of Parcel 4021914, City
Tax Map, to the intersection with the eastern property line of said Parcel;
Thence, southerly approximately 440.3 feet along the eastern property lines of Parcels 4021914,4021934,
and 4021915, City Tax Map, to the intersection of said line with the northern right-of-way line of
Albermarle Avenue;
Thence, easterly approximately 94.9 feet along the northern right-of way line of Albermarle Avenue to
the intersection of said line with the eastern property line of Parcel 4021925, City Tax Map;
Thence, southerly approximately 50 feet across Albermarle A venue to point at the intersection of the
southern right-of-way line of Albermarle Avenue and the western property boundary line of Parcel
4022211, City Tax Map;
Thence, southerly approximately 282 feet along the western property lines of Parcels 4022211 and
402223, City Tax Map, to the intersection of said western property line with the northern right-of-way
line of the N orrolk Southern Corporation Railway;
Thence, southerly approximately 87 feet across the Norfolk Southern Corporation Railway to a point
along the southern right-of-way line of the Norfolk Southern Corporation Railway;
Thence, northeasterly approximately 217.6 feet along the southern right-of-way line of the Norfolk
Southern Corporation Railway:
Thence, southeasterly approximately 19.6 feet along the southern right-of-way line of the Norfolk
Southern Corporation Railway to the intersection of said line with the northern property line of Parcel
4030301, City Tax Map;
Thence, southerly approximately 40 feet along the northern property line of Parcel 403030 I, City Tax
Map;
Thence, easterly approximately 100 feet along said northern property line to the eastern most
property line of Parcel 4030301 , City Tax Map;
Thence, southwesterly approximately 428 feet along the eastern property line of Parcel 4030301, City Tax
Map, to its intersection with the eastern right-of-way line of the Walnut Bridge On-R~mp Access Road;
5
Thence, southwesterly approximately 12 feet along the eastern right-of-way line of the Walnut Bridge
On-Ramp Access Road to its intersection with the most southeasterly property boundary of Parcel
4030304, City Tax Map;
Thence, continuing southwesterly approximately 320 feet along the southeasterly property line of Parcel
4030304, City Tax Map', to said lines intersection with the northern right-of-way line of Walnut Avenue.
Thence, continuing southwesterly approximately 55 feet across Walnut A venue to the intersection of said
Avenue and the southeast comer of Parcel 4030306, City Tax Map;
Thence, southwesterly approximately 482 feet along the eastern property line of Parcel 4030306 to the
intersection of said line with the eastern right-of-way line of the Norfolk Southern Corporation Railway;
Thence, southerly approximately 258.5 feet along the eastern right-of-way line of the Norfolk Southern
Corporation Railway to its intersection with the northern property line of Parcel 4040501, City Tax Map;
Thence, southerly approximately 1453.5 feet along the east property lines of Parcels 4040501,4040503,
4040506, 4040502,4040508 and 4040507, City Tax Map, to the intersection of said line with the
southwest comer of Parcel 4040507, City Tax Map and the eastern right-of-way line of South Jefferson
Street; .
Thence, westerly approximately 93 feet across South Jefferson Street to a point at the intersection of the
eastern right-of-way line of the Norfolk Southern Corporation Railway and the eastern right-of-way of
South Jefferson Street;
Thence, northerly approximately 875 feet along the eastern right-of-way line of Jefferson Street to a point
at the intersection of said eastern right-of-way line and the southern right-of-way line extended of Reserve
Avenue;
Thence, westerly approximately 1970.4 feet along the southern right-of way line of Reserve Avenue to its
intersection with the eastern right-of-way line of Franklin Road;
Thence, southwesterly approximately 134.9 feet along the eastern right-of-way line of Franklin Road to a
point at the intersection of said eastern right -of-way and the southern property line of Parcel 1040102,
City Tax Map, extended;
Thence, westerly approximately 56 feet across Franklin Road to a point at the intersection of the western
right-of~way line of Franklin Road and the southern property line of Parcell 040 102, City Tax Map;
Thence, westerly approximately 850.8 feet along the southern property line of Parcel 1040102, City Tax
Map, to the POINT OF BEGlNNING..
This area is hereinafter referred to as the "Redevelopment Area,"
c. CONDITIONS REQUIRING REDEVELOPMENT AT TIME OF APPROVAL OF THE
ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN
The original South Jefferson Redevelopment Plan that was approved by the Board of Commissioners of
RRHA onMarch 12,2001, and approved by the Roanoke City Council on March 19,2001, sets out the
conditions that were deemed to require redevelopment as of the date of the approval of the
Redevelopment Plan. Section C of the original South Jefferson Redevelopment Plan ("Conditions
6
Requiring Redevelopment") details the conditions and factors that were found to be present in the
Redevelopment Area and that supported the determination that the area qualified as a "blighted or
deteriorated area" eligible for redevelopment under the law in effect at the time the original South
Jefferson Redevelopment Plan was approved.
D. .REDEVELOPMENT ACTIVITY SINCE APPROVAL OF THE ORIGINAL SOUTH
JEFFERSON REDEVELOPMENT PLAN
The attached graphic titled "Property Transactions - South Jefferson Redevelopment Area" shows the
properties acquired by RRHA and conveyed for redevelopment since the adoption of the original South
Jefferson Redevelopment Plan.
RRHA acquired thirty-four tax parcels located in the Redevelopment Area, comprising approximately 25
acres, more or less, through eleven (11) voluntary transactions.! These acquisitions included three of the
largest parcels in the Redevelopment Area. A portion of one of these eleven parcels was deeded to the
City of Roanoke for use iil connection with the Roanoke River flood reduction project. 2 All of the parcels
acquired by RRHA through voluntary transactions in Phase 1 and Phase lA of the Redevelopment Area
were cleared by RRHA and made available for redevelopment by private enterprise. All ofthese parcels
have either been redeveloped or are currently in the process of being redeveloped by private enterprise, in
conformance with the terms of the South Jefferson Redevelopment Plan. Properties acquired by RRHA
in Phase 3 of the Redevelopment Area have been sold to a private entity which, under an agreement with
RRHA, has demolished the existing structures and cleared the property.3 RRHA still owns another
property in Phase 3 of the Redevelopment Area, but has an agreement in place to sell that property to the
same private entity once environmental remediation of the property is completed.4 Once that property is
transferred to the purchaser, the purchaser will be obligated to submit a site development plan for the
properties to RRHA within eighteen months of the completion of site preparation worle
The acquisition, clearance and redevelopment of these properties has had a significant impact in
addressing the blight conditions described above.
RRHA is in the process of acquiring three parcels in the Redevelopment Area through the condemnation
process.5 Condemnation of these parcels was pursued because the current owners of such parcels have
I Tax Map Nos. 4040507,4040503,1031903,1032203,1031902,1032001,1031901, 1032207,
4040301 (includes tax map numbers 1032002, 1032005, 1032006, 1032101,1032102,1032103,
1032104, 1032105,1032106,4040207,4040202,4040203,4040204,4040206,4040303&4040306),
4040401 (includes tax map numbers 4030501,4040401,4040102,4040103,4040104,4040105,
4040106,4040201). RRHA also acquired a 2:645 acre tract of former railroad right of way through a
transaction with Norfolk Southern Railway Co.
2 Current Roanoke City Tax Map No. 4040503R, comprising 0.3517 acres.
3 Tax Map No. 4040301 (includes tax map numbers 1032002, 1032005, 1032006, 1032101,
1032102,1032103,1032104, 1032105, 1032106,4040207,4040202,4040203,4040204,4040206,
4040303 & 4040306).
4 Tax Map No. 4040401 (includes tax map numbers 4030501,4040401,4040102,4040103,
4040104,4040105,4040106,4040201).
5 Tax Map Nos. 1032208 & 1032209 (located in Phase I of the Redevelopment Area); Tax Map
No. 4030212 (located in Phase 2 of the Redevelopment Area).
7
failed to redevelop them as called for by the South Jefferson Redevelopment Plan. RRHA has acquired
title to two of these parcels following a trial on the issue of the amount of just compensation owed, entry
of a Court Order confirming the Jury Report establishing the amount of just compensation owed, and
payment by RRHA of this amount into Court.6 However, post-trial and appellate proceedings have not
b~en completed. Trial on the issue of just compensation owed for the third parcel is currently scheduled
for September, 2010.7 The just compensation trial in that case was continued from an earlier date with a
stipulation by the landowners to waive any defenses that might be asserted to the taking of the property.
E. OTHER PRIVATE ACTIVITY IN THE REDEVELOPMENT AREA SINCE APPROVAL
OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN
The attached graphic titled ''Property Transactions - South Jefferson Redevelopment Area" also shows
the parcels in the Redevelopment Area that have been acquired in private transactions since the date of
approval of the Redevelopment Plan. Since the date of the approval of the Redevelopment Plan, roughly
sixty (60) percent of the real estate transactions in the Redevelopment Area, by parcel, have been
transactions between private owners in which RRHA was not involved. Much of the private owner
activity has occurred in the northern portion of the Redevelopment Area, in Phase 2 and Phase 4. Several
of these parcels have already been redeveloped in a manner consistent with the Redevelopment Plan (e.g.,
current Roanoke City Tax Map Nos. 4022001 and 4022012, which combined some fifteen tax parcels
located in the Redevelopment Area into two large parcels that have been redeveloped into an ambulatory
surgery center), while others have been substantially improved. In all, 26 parcels totaling approximately
13 acres, more or less, within the boundaries of the Redevelopment Area have been acquired by private
entities, with no involvement by RRHA, since the original South Jefferson Redevelopment Plan was
adopted.
Additionally, two parcels in the Redevelopment Area have been redeveloped by the original Owner in
conformance with the South Jefferson Redevelopment Plan.s
F. OTHER ACTIVITIES IN THE REDEVELOPMENT AREA SINCE APPROVAL OF THE
ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN
Other significant activities in or adjacent to the Redeve~opment Area include:
I. The restoration of the Virginian Railway Passenger Station (located within the
South Jefferson Redevelopment Area) is being undertaken by the Roanoke
Chapter of the National Railway Historical Society, in partnership with the
Roanoke Valley Preservation Foundation. The historic structure is to be restored
and returned to a combination of public and private use. Federal and State grants
totaling more than $500,000 have been obtained to begin the restoration.
6 City of Roanoke Redevelopment and Housing Authority v. B&B Holdings LLC, et aI., Case No.
770CL07001348-QO, in the Circuit Court for the City of Roanoke.
7 City of Roanoke Redevelopment and Housing Authority v. William D. Stegall, et al., Case No.
77CL08oo2454-00, in the Circuit Court for the City of Roanoke.
8 Tax Map Nos. 1032212 & 4040501.
8
2. Demolition of the former Victory Stadium site, adjacent to the Redevelopment
Area, and its conversion to recreational space.
3. The scheduled demolition of the National Guard Armory and the former Parks
and Recreation Department building located on property adjacent to the
Redevelopment Area, as a part of the Roanoke City Parks & Recreation Master
Plan.
4. The development of the Roanoke River Greenway and attendant features.
G. PROGRESS TOWARD ACHIEVING GOALS AND OBJECTIVES SINCE APPROVAL
OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN
Substantial progress has been made toward achieving the goals and objectives set out in the original
South Jefferson Redevelopment Plan. A substantial portion of the Redevelopment Area has been
redeveloped so as to eliminate blight, blighting influences, deteriorating structures and deleterious land
uses. Appendix A (attached and made a part of this Amended Redevelopment Plan) contains
photographs showing the condition of properties in the Redevelopment Area prior to the commencement
of redevelopment activities along with photographs showing the current condition of the properties after
redevelopment activities. The redevelopment has proceeded in an orderly manner so as to tie the
Redevelopment Area more closely to the central downtown area of the City, thereby strengthening both
areas. Redevelopment focused on medicallbiomedicallbiotechnology and related uses has produced a
stable mix of appropriate business which generate substantial economic value for the City of Roanoke.
However, there remain some portions of the Redevelopment Area, primarily located between Williamson
Road and the Roanoke River in Phase 4 of the Redevelopment Area, which continue to be in need of
redevelopment, and the redevelopment of these parcels would provide additional benefits to the City of
Roanoke. A number of these parcels remain in distressed condition. Purchasers of some of these parcels
have approached RRHA and/or the City of Roanoke to discuss potential redevelopment of those parcels.
Additionally, the existence and enforcement of the General Umd Use Plan set forth in the original South
Jefferson Redevelopment Plan, and the use and enforcement of the Design Guidelines for the South
Jefferson Redevelopment Area, have resulted in an orderly, uniform redevelopment with substantial
positive benefits for the City of Roanoke. Accordingly, is it desirable and appropriate that certain aspects
of the South Jefferson Redevelopment Plan remain operative in order to control, direct and assist
development of those parcels still in need of redevelopment.
Additionally, it is desirable and necessary that certain provisions of the South Jefferson Redevelopment
Plan remain in effect in order to govern ongoing and planned redevelopment of parcels which have
already been acquired by RRHA, or which RRHA is in'the process of acquiring, so that these properties
will be redeveloped in an appropriate manner consistent with the intent of the South Jefferson
Redevelopment Plan and the provisions of the Design Guidelines for the South Jefferson Redevelopment
Area. This includes redevelopment of the remaining property in Phase I of the Redevelopment Area
which has been acquired by RRHA, but not yet redeveloped9, which is necessary in order to complete that
phase of the redevelopment project, as well as redevelopment of the property to be acquired by
condemnation in Phase 2 of the Redevelopment Area 10, which is a highly visible property and is in a
9 Tax Map Nos. 1032208 & 1032209.
10
Tax Map No. 4030212.
9
location that will help to tie together redevelopment activities undertaken by RRHA with development
activities undertaken through private transactions.
H. REDEVELOPMENT AREA TO REMAIN IN EFFECT AS DELINEATED IN ORIGINAL
SOUTH JEFFERSON REDEVELOPMENT PLAN
The boundaries of the Redevelopment Area as established in the original South Jefferson Redevelopment
Plan shall remain unchanged.
I. GOALS AND OBJECTIVES TO REMAIN IN EFFECT AS TO UNDEVELOPED
PARCELS
The Goals and Obj ectives set forth in Section D of the original South Jefferson Redevelopment Plan
("Statement of Goals and Objectives") are hereby reaffinned. Particularly, there is a need for continued
redevelopment of the remaining undeveloped parcels in the Redevelopment Area, particularly those
parcels in Phase I, Phase 2, Phase 3 (which are in the process of redevelopment), and parcels in Phase 4
which have not yet been redeveloped, in order to provide for appropriate land uses, to have such parcels
redeveloped in accordance with the Redevelopment Plan, to provide for an orderly development
framework in order to connect the Redevelopment Area more closely to the central downtown area, and
to permit improved public access to and enjoyment of the Roanoke River.
J. GENERAL LAND USE PLAN TO REMAIN IN EFFECT
The General Land Use Plan set forth in the original South Jefferson Redevelopment Plan (Section E,
including subsections a. though g.) shall remain in effect, and is hereby incorporated by reference as
though fully set forth.
K; REDEVELOPMENT TECHNIQUES TO BE USED TO ACHIEVE PLAN OBJECTIVES
Based on the substantial progress that has been made toward achieving the goals and objectives of the
South Jefferson Redevelopment Plan since its approval, the need for continued aggressive acquisition,
clearance and redevelopment of additional land within the Redevelopment Area utilizing public funds has
greatly diminished. Accordingly, as of the date of the approval of this Amended Redevelopment Plan
RRHA will focus on redevelopment through private transactions with owners of properties in the
Redevelopment Area (either through voluntary acquisition of properties if requested or agreed to by the
property owner(s) or through partnerships to support owner redevelopment of the properties). With the
exception of the properties it is currently in the process of acquiring through the condemnation process,
RRHA has no present plans to acquire any additional properties in the Redevelopment Area unless the
acquisition is at the request of, or with the agreement of, the owner(s) of the property. With the exception
of the properties it is currently in the process of acquiring through the condemnation process, RRHA does
not intend at this time to use the power of eminent domain to acquire additional properties in the
Redevelopment Area. However, eminent domain will be considered in very narrow circumstances as
permitted under Virginia Code ~ 1-219.1, or other applicable laws, but only based on additional future
action by the Board of Commissioners of RRHA.
From and' after the date of approval of this Amended Redevelopment Plan, RRHA will no longer actively
seek to acquire additional properties in the Redevelopment Area. However, RRHA intends to complete
the acquisition of the three parcels which it is currently seeking to acquire through condemnation
proceedings. The attached "Boundary & Acquisition Map" delineates the remaining properties in the
Redevelopment Area which RRHA will consider for acquisition if requested or agreed to by the property
10
owner(s). RRHA will consider acquisition of additional properties in the Redevelopment Area only on
the bases set forth below. .
1. Acquisition of Real Prooertv bv Use of Eminent Domain
From and after the date of approval of this Amended Redevelopment Plan, property designated as
property "to be considered for acquisition" on the attached Boundary & Acquisition Map will not be
acquired by RRHA through the use of eminent domain except in the following limited circumstances:
a. Subject to the availability of funds, RRHA may utilize eminent domain to acquire
property within the Redevelopment Area, and designated as property "to be
considered for acquisition," if the property is abandoned. Before eminent domain
may be utilized in any such case, RRHA's Board of Commissioners must pass a
resolution (i) detennining that the property is abandoned; (ii) identifying the source
of the funds to be used for acquisition of the property; and (iii) authorizing the use of
eminent domain.
b. 'Subject to the availability of funds, RRHA may utilize eminent domain to acquire
property within the Redevelopment Area, and designated as property "to be
considered for acquisition," if the acquisition is needed to clear title where one of the
owners agrees to such acquisition; Before eminent domain may be utilized in any
such case, RRHA's Board of Commissioners must pass a resolution (i) identifying
the source of the funds to be used for acquisition of the property; and (ii) authorizing
the use of eminent domain.
c. Subject to the availability of funds, RRHA may utilize eminent domain to acquire
property within the Redevelopment Area, and designated as property "to be
considered for acquisition," if the acquisition is by agreement of all the owners.
Before eminent domain may be utilized in any such case, RRHA' s Board of
Commissioners must pass a resolution (i) identifying the source of the funds to be
used for acquisition of the property; and (ll) authorizing the use of eminent domain.
d. Subject to the availability of funds, RRHA may utilize eminent domain to acquire
property within the Redevelopment Area, and designated as property "to be
considered for acquisition," if the property is itself a blighted property. Any such
acquisition shall be conducted under, and in accordance with, the applicable
provisions of Virginia Code ~ 36-49. I: 1 andlor other applicable laws.
2. Voluntary Acquisition of Real ProoerlY.
With the exception of the properties it is in the process of acquiring through the condemnation process,
RRHA currently does not intend to acquire additional properties in the Redevelopment Area, but if
approached by the owner or owners of properties in the Redevelopment Area RRHA will consider
purchases of property within the Redevelopment Area, and designated as property "to be considered for
acquisition," through a voluntary transaction with the owner(s) and subject to the availability of funds as
appropriated by the City of Roanoke. RRHA reserves the right to initiate a request for such voluntary
acquisition if RRHA's Board of Commissioners approves and authorizes such a request.
11
3. Adaptive ReuselRehabilitation.
RRHA will seek to provide assistance in the adaptive reuse and renovation andlor rehabilitation of
buildings (abandoned commercial/residential structures) to expand housing opportunities andlor provide
for commercial reuse. Adaptive reuse and rehabilitation will only be accomplished in partnership with
private investors, and if the property can be brought up to building codes and local minimum
rehabilitation standards.
4. Public Facilities and Improvements.
New street and drainage improvements will be constructed in accordance with specific improvements
identified in the City of Roanoke's Capital Improvement Program. These improvements involve the,
reconstruction of deteriorating sidewalks, streets, curbs and gutters, water and sewer improvements, new
street construction, flood reduction measures, provision of landscaped open space and general aesthetic
improvements in the area. Where there are street deficiencies, they will be resurfaced andlor widened.
Curb and gutter and sidewalks and storm drainage ditches and piping will be provided to improve
circulation and correct drainage problems and erosion. Utilities will be improved as needed throughout
the Redevelopment Area.
5. Private Redevelopment of Parcels.
RRHA will seek to encourage owner redevelopment of remaining properties within the Redevelopment
Area that have not yet been redeveloped. RRHA will consider a plan of development by an existing
property owner for the owners' properties if the proposed development plan complies with the provisions
and intent ofthe Amended South Jefferson Redevelopment Area Plan. RRHA may choose to proceed in a
contractual relationship with the owner to ensure a sound and wholesome development in accordance
. with the Redevelopment Plan. Subject to the, availability of funds as appropriated by the City of
Roanoke, RRHA will consider providing assistance to owners, in the form of loans or grants of funds, to .
facilitate the construction, reconstruction or rehabilitation of properties. .
6. Making Land Acquired Available for Redevelopment.
IfRRHA acquires additional property in the Redevelopment Area utilizing any of the techniques set forth
in this Amended Redevelopment Plan, RRHA will make that property available to private enterprise/non-
government persons or entities or to public-private partnerships/joint ventures for the purposes of
redevelopment.
7. Redevelooer's Obligations.
The redeveloper will be subject to the following conditions which shall be implemented by appropriate
covenants running with the land or other provisions in disposition instruments or loan documents.
a. The redeveloper shall begin and complete the development or rehabilitation of
Redevelopment Area property within the time specified in the disposition instruments or
rehabilitation loan documents.
b. The redeveloper shall retain all interest acquired in the property until the completion of
improvements, construction and development of the property so acquired or property to be
rehabilitated, pursuant to the Redevelopment Plan and shall not sell, lease or transfer the
12
interest acquired or any part thereof prior to such completion of improvements, construction
and development without the consent of RRHA.
c. Should the redeveloper sell or transfer the property after completion of the improvements,
construction and development of the property so acquired, the redeveloper shall, prior to the
closing of such transaction, provide RRHA with a written commitment from the purchaser or
transferee, in a form acceptable to RRHA, confirming that the purchaser/transferee is aware
of the covenants running with the land and/or other conditions set forth in the disposition
instruments or loan documents referenced in subsection a, and agreeing to comply with those
provisions and with all other applicable provisiOIls of the Redevelopment Plan.
8. Ofllwinl! Redevelooment.
Purchasers who acquired property in the Redevelopment Area prior to the date of approval of this
Amended Redevelopment Plan shall remain subject to all of the provisions of the original South Jefferson
Redevelopment Plan and this Amended Redevelopment Plan.
9. Acauisition of EasementslRight-of-Way in the Redevelopment Area.
Nothing in this Amended Redevelopment Plan shall be construed to affect any rights the City of Roanoke
may have to acquire easements andlor public right-of-way in the Redevelopment Area, nor shall it be
construed to affect the rights of the City of Roanoke or any public service or utility company to acquire
such easements or right-of-way as may be needed in order to provide necessary utility services.
L. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL LAW
I. Portions of the South Jefferson Redevelopment Area, particularly the area located between
Williamson Road and the Roanoke River in the northeast portion of the. Redevelopment Area, remain
substandard by reason of commercial or industrial structures and improvements that are dilapidated or
deteriorated, and due to obsolescence, deterioration of structures, flood hazards and other conditions
detrimental to public health, safety or welfare of the citizens of Roanoke. This portion of the
Redevelopment Area continues to contain "blighted property" (as that term is defined in Virginia
Code ~ 36-3) and continues to be a "blighted area" (as that term is defined in Virginia Code ~ 36-3).
2. The South Jefferson Redevelopment Area is appropriate for clearance, redevelopment and
rehabilitation treatment by the necessity to remove, prevent and reduce the remaining blight, blighting
influences and other causes of blight.
3. Proposed land uses within the Redevelopment Area have a definite relationship with local Objectives
as to the appropriate land uses and transportation, public utilities, recreation, and community facilities
and other improvements.
4. The Amended Redevelopment Plan indicates the remaining properties that RRHA will consider
acquiring within the Redevelopment Area. However, RRHA does' not intend to acquire any of these
properties at this time, but instead will focus on redevelopment through private transactions with
owners of properties in the Redevelopment Area (either through voluntary acquisition of properties if
requested by the owner(s), or through partnerships to support owner redevelopment of the properties).
Because RRHA does not intend to take active steps to acquire additional properties at this time,
funding sources are not being identified at this time.
13
5. Funding for the acquisitions of those properties which RRHA is currently in the process of acquiring
through the condemnation process has already been allocated by the City of Roanoke as a part of the
budget for the South Jefferson Redevelopment Plan, or is to be allocated from funds appropriated by
the City of Roanoke for development purposes, which amounts are sufficient to cover all anticipated
costs of these acquisitions. The City of Roanoke and RRHA are parties to an "Amended and
Supplemented South Jefferson Cooperation Agreement 2" which, among other things, obligates the
City of Roanoke to provide "all necessary and appropriate funding to enable RRHA to fulfill its
obligations hereunder and to accomplish the goals and objectives set forth in the [South Jefferson
Redevelopment] Plan." In March 2009, that "Amended and Supplemented South Jefferson
Cooperation Agreement 2" was extended for a period of five (5) years, to and including March 18,
2014.
6. The use of eminent domain for acquisition of additional property in the Redevelopment Area will be
considered only in very narrow circumstances as permitted under Virginia Code ~ 1-219.1, or other
applicable laws, and only after funding sources for the acquisition have been identified and only after
further action by RRHA's Board of Commissioners.
7. From and after the date of approval of this Amended Redevelopment Plan, ifRRHA acquires any
additional property/properties within the Redevelopment Area, and designated as property "to be
considered for acquisition," such property shall be made available to private enterprise/non-
government persons or entities or to public-private partnerships/joint ventures for the purposes of
redevelopment in accordance with the tenus of this Amended Redevelopment Plan. This Amended
Redevelopment Plan indicates to the maximum extent possible the real property to be made available
to private enterprise/non-government persons or entities, or to public-private partnerships/joint .
ventures, for the purposes of redevelopment, if acquired by RRHA.
8. The Amended Redevelopment Plan clearly indicates the proposed land uses, building and
rehabilitation requirements in the Redevelopment Area.
9. The Redevelopment Area was detennined to be eligible for clearance and redevelopment under
Virginia Code ~~ 36-48 & 36-49. as in effect in March 2001, because the area as a whole (interpreted
to mean at least 51 percent of the total area) was "blighted or deteriorated" and the remaining
property either suffered from factors causing blight or from conditions which prevented property
development to implement the South Jefferson Redevelopment Plan. Virginia Code ~ 36-3, as
currently in effect, specifically provides that the term "blighted area" includes "areas previously
designated as blighted areas pursuant to the provisions of Chapter 1 (~ 36-1 et seq.) of this title." The
South Jefferson Redevelopment Plan provided for the realization of local objectives with respect to
the health, safety and welfare of the City of Roanoke as specifically set forth in the original South
Jefferson Redevelopment Plan. This Amended Redevelopment Plan provides for the realization of '
local objectives with respect to health, safety and welfare of the City of Roanoke, including:
a. To remove, r~duce or prevent remaining blight or blighting factors. The
Redevelopment area was determined to meet the Virginia eligibility requirements (as
in effect in March 2001) because 74.4 percent of the land found in the
Redevelopment Area was blighted or deteriorated by reason of dilapidation and
significant environmental deficiencies (lack of ventilation, light, sanitary facilities,
overcrowding, flooding, deleterious land use and faulty arrangement or design) and
was detrimental to public health, safety or welfare. Studies showed that at the time
the original South Jefferson Redevelopment Plan was approved, 77.8% percent of tbe
parcels in the redevelopment area were blighted by virtue of dilapidation or
environmental deficiencies, and that the remaining areas were adversely affected by
14
factors causing blight and prevented the proper development of property. Properties
in the Redevelopment Area which have been acquired by RRHA, but which have not
yet been fully redeveloped, include parcels deemed to be blighted or deteriorated at
the time the original South Jefferson Redevelopment Plan was approved.
Additionally, the remaining parcels in Phase 4 of the Redevelopment Area which
have not yet been redeveloped include parcels that were deemed to be "blighted or
deteriorated" at the time the original South Jefferson Redevelopment Plan was
approved. Observations and inspections by RRHA's staff indicate that virtually all of
these properties remain "blighted or deteriorated," with many having deteriorated
further since March 2001.
b. To protect economic values and tax revenue by the upgrading of a blighted and
economically depressed area of the City of Roanoke, Virginia. The Redevelopment
Area was considered depressed because of declining employment and depressed
wages in comparison to City business overall. The area also suffered from an
inability to generate economic growth and value output demonstrated with declining
revenues and declining labor income and employment over the previous years. The
effects contributed to business closings, relocations from the area and/or lower gross
revenues over an extended period. The elimination of blighted properties and
provision of both direct and indirect public incentives for private reinvestment in the
Redevelopment Area has promoted economic and employment growth and enhanced
tax revenues for the City of Roanoke for the overall benefit of the community.
However, further benefits could be realized through the completion of redevelopment
activities currently underway in the Redevelopment Area (including the
redevelopment of property acquired by RRHA, but not yet,redeveloped, and the
redevelopment of property which RRHA is in the process of acquiring), and there is
potential for additional benefits from appropriate, directed redevelopment of
undeveloped properties in Phase 4 of the Redevelopment Area in accordance with the
terms of this Amended Redevelopment Plan.
c. To facilitate the development of land inhibited by diverse ownership. Small
individual property ownership and railroad property that transverses the area made it
difficult for private enterprise to assemble sufficient parcels for redevelopment and to
overcome basic problems of blight and deterioration in the area. Although
substantial progress has been made in eliminating these conditions, the effects of
diverse ownership of small parcels can still be seen, particularly in Phase 4 of the
Redevelopment Area.
d. To make land available for sound wholesome development by private enterprise, or
by public/private partnerships or joint ventures, in accordance with' the Amended
Redevelopment Plan and consistent with:
1) Definite Local Objectives As To:
a) Appropriate Land Uses
The Amended Redevelopment Plan has a definite relationship with
local objectives as to appropriate land uses and transportation, public
utilities, recreation, and community facilities and other
improvements.
15
. b) Improved Streets and Internal Circulation
Improved bridges, road alignments, property access, widths and
roadway surfaces throughout the area will eliminate street
deficiencies still existing in parts of the Redevelopment Area and
improve circulation, ingress and egress for the area and, connectivity
with adjoining neighborhoods such as Old Southwest, Downtown
Roanoke and Belmont.
c) Public Utilities
Improved utilities will assure that the area will be provided with
adequate sewers and water service, storm drainage, power and
advanced technology-telecommunication systems.
d) F]ood Impact Reduction
Application of the City of Roanoke's floodplain regulations for new
developments, adaptive reuses, and rehabilitation will reduce flood
damage and mitigate flood problems within existing buildings on
parcels that have not yet been redeveloped.
e) Community Facilities and Other Public Improvements
Aesthetic and functional improvements will include public open
space and parks, improved sidewalks, bicycle and jogging paths and
related enhancements such as street trees, lighting and landscaping.
Landscaping and lighting requirements are also directly associated
with private redevelopment efforts to improve the overall aesthetic
nature and character of area properties.
2) Conditions and Limitations on Property Acquisition
Conditions and limitations on future acquisitions of property within the
Redevelopment Area, if any, including limitations on the use of eminent
domain, are set forth above in Section K of this Amended Redevelopment
Plan (and are reiterated in Section L.6 of this Amended Redevelopment
Plan). An agreement shall be executed between RRHA and the owner(s) of
any property desiring assistance from, or participation by, RRHA in pursuing
owner redevelopment to ensure compliance of development proposals with
this Amended Redevelopment Plan.
3) Proposed Land Uses for Acquired Property:
Land uses proposed for property to be acquired are set forth in Section E.2.
Land Use Provisions and Building Requirements of the original South
Jefferson Redevelopment Plan and shown on the Proposed Land Use Map,
dated January 5,2001, included in the original South Jefferson
Redevelopment Plan, all of which is incorporated by reference into this
Amended Redevelopment Plan.
16
4) Conditions and Limitation Including Time, Under Which Additional Property
Acquired by RRHA, if Any, Shall be Made Available:
At the time property is made available for rehabilitation or redevelopment by
public or private enterprise and/or public/private partnerships or joint
ventures, RRHA shall stipulate in disposition instruments that such
rehabilitation or redevelopment treatment shall be completed within a
reasonable time. (Reasonable time is under normal circumstances construed
to mean not more than eighteen months from the date of conveyance of
property, but RRHA reserves the right to utilize different or longer time
periods based on the characteristics of the property, the nature of the
proposed redevelopment, and/or other relevant factors.) Other conditions and
limitations are set forth in Section E.2 of the original South Jefferson
Redevelopment Plan, which is incorporated by reference into this Amended
South Jefferson Redevelopment Plan.
5) Standards of Design, Construction, Maintenance, Use and Other Measures to
Eliminate and Prevent Blight:
Such standards are embodied in Section E and F of the of the original South
Jefferson Redevelopment Plan and the Design Guidelines for the South
Jefferson Redevelopment Area, all of which are incorporated by reference.
Where adaptive reuse is not appropriate or feasible, clearance is proposed in
order to assure removal of existing physical and environmental causes of
blight and to provide for the public improvements required to serve the area.
and prevent the recurrence of blighting conditions resulting from adverse
environmental factors.
6) Relocation Assistance Plan for Displaced Businesses and Non-Profit
Organizations:
RRHA will offer relocation assistance and services as required under
Virginia's Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1972, as amended (hereafter referred to as "the Act"), and the
related sections of the Virginia Administrative Code. (hereafter referred to as
"the Code") to businesses and nonprofit organizations that are to be displaced
as a result of approved redevelopment activities. The Act and the Code are
the basis for this relocation plan and where this Amended Redevelopment
Plan is in conflict with the Act or the Code, the Act or the Code shall govern.
M. CONTINUING OBLIGATIONS OF PURCHASERS AS TO PROPERTY ACQUIRED
PRIOR TO EFFECTIVE DATE OF THIS AMENDED REDEVELOPMENT PLAN
Nothing in this Amended Redevelopment Plan shall be construed to alter, amend or modify in any way
the obligations of purchasers of any property in the Redevelopment Area acquired from RRHA prior to
the effective date of this Amended Redevelopment Plan. All such obligations, including all contractual
obligations set forth in any agreement for purchase of the property and all obligations set forth in any
deed or other disposition documents, shall remain in full force and effect.
Additionally, nothing in this Amended Redevelopment Plan shall be construed to alter, amend, modify or
impair any rights or remedies which RRHA has, whether contractual or otherwise, with regard to any
17
property in the Redevelopment Area acquired by RRHA and conveyed to a third party for use in
accordance with the South Jefferson RedevelopmentPlan.
In the event there is any conflict between the provisions of the original Redevelopment Plan for the South
Jefferson Redevelopment Area and this Amended Redevelopment Plan, then they shall be construed
insofar as possible to be consistent, but if this is not possible then the provisions of this Amended
Redevelopment Plan shall govern.
N. PROCEDURES FOR AMENDMENTS
This Amended Redevelopment Plan may be amended from time to time upon compliance with the
requirements of law and outstanding covenant rights, provided that prior to the passage of any resolution
amending the Amended Redevelopment Plan the owner of any land in the Redevelopment Area
previously disposed of by RRHA for use in accordance with the South Jefferson Redevelopment Plan
andlor the Amended Redevelopment Plan shall be sent written notice stating when and where the
Roanoke City Council will consider any resolution enacting such amendment(s), and shall further advise
where a copy of the proposed amendment(s) and a precise description of the proposed change(s) may be
inspected. Such written notice shall be mailed at least thirty (30) days prior to the consideration of any
such resolution by the Roanoke City Council.
[Remainder of this page intentionally left blank]s
18
MAPS
PROPERTY
:~A~~:/R~~=ERS~~Ett~fJJMONS .
VELOPMENT & H ENT AREA
OUSING AUTHORITY
LEGEHD
--- PROPOSED REDEllEl.OPt.I
ENT AReA eou
FROPE NOARY
. . RTY ACQUlSmON . RED
o ROANOXE RetlE\'aO EVELOl'MENT AREA
. PflOPeRTleS i'MENT & llOUSlN S (SINCE MARCH
. PROPamI! "COUlIlI,O&SOLO GAUrnoRITY 2001)
o NORFOU< ~ -'COUIRED BUT NO;:" RElJEVELOl'MENT
O ERN ROW... SOLD
.' PRIVATE OWNER COUlSnlON
~ DEMOu ACQUISITIONS
nONlCLEARANC
.. .RE_ E-PRIYATEOWNERS
GJ HISTORIC PRO
O PERTY RENOVATION
OEEcm TO CllY
. FLOOD REDUCTION AREA
.!
i
_JL
I
!
,
i
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7
..J
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L J. rf
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~.i'il"''':~~
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BOUNDARY & ACQUISITION
SOUTH JEFFERSON REDEVELOPMENT AREA
ROANOKE REDEVELOPMENT & HOUSING AUTHORITY
I
I /
I j ii, .
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= _I _ _ ___J ,~--_~:.::...:(-- ~.----- --i " :i i! /7" \,j/ // / ' I i <:::? } ~ _ /~ ~"
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'/ .---- ----------- /~ _/~.,. f/,! //~~ . ~~
----- / /' ,,/-- - :::~'~""-"l" lli/ /; il f/,< -;/
--...................... // ,/ /;, ., j -. ~;, ..:-. t: ,.! i / ( / I' ~ .... '"
)/ - (0' /.f. "'~',:~:t.E7~~~,.,'" ~'Rij' " Iif iL! II :1 /,!/
/ ~ "-.. . '.1 !. :_~.,...''Oi~:. ' if. J. I!t ~1(-! I L..-'L-.:: '
.: /~>~ J0' , 'f '^',' '. r; /', { II Ii ff II 7 r----..
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~\ \~ \ / // ' -------1 i --I : f.{1(J'~~1' ~ .Ii }// /:
'/ ,..,;; \/Z::;! (, ROANOKESP ~SF^eILmI$PA~ if/; '.:, 0/11 !;'
~...'/) \/ /^-"'-.,'" ' ". U ! III /I, ! / /1
,,,,/ 1',\ / ........, '-. "-, . , f 't, If,-' /!
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. "'--....-; /
I
LEGEND
-- PROPOS eo FlEO"vaoPMeHT AREA BOUNOARY
PROPERTY ACQUISmON . REOEVaOPMENT AREAS (SINCE MARCil 2001)
D ACQ\I1RiO BY ROAHOI<Ii RotlEIIELOPMEHT & ~NGAlJTHORITY
rmJ TOBECONSlDEREDFORACQUISI1'ION
",."
@
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_"'ad!.:Moll....~1.....'
..............~I~lG.
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""'00
APPENDIX
SAMPLE PHOTOGRAPHS SHOWING EFFECT OF REDEVELOPMENT IN THE
SOUTH .JEFFERSON REDEVELOPMENT AREAll
Virginia Tech-Carillon
School of Medicine
1 Riverside Center
Aerial view of Riverside Center complex. Structures on the former Roanoke City Mills
property (foreground) have been demolished, and that property is to be redeveloped in
conjunction with the adjacent former Virginia Scrap Iron & Metal Company property
which is currently undergoing environmental remediation.
J
II The photographs included in this Appendix are intended to be representative of what has occurred in the
South Jefferson Redevelopment Area. They are not intended to document the entire project area or to show all of
the impacts of redevelopment throughout the project area. .
1 Riverside Center (corner of JeffersonStr~et & Reserve Avenue)
Riverside Center Parking Facility
.-----..,.....---"'-,..-- .. iJ:i/{'--
___=::--~.~:~.~~,~" n~.~...a......__.....
Virginia Tech-Carillon School of Medicine (under construction)
View North up Jefferson Street from just beY9nd intersection with Reserve Avenue.
Riverside Center complex buildings and Virginia Tech-Carilion School of Medicine shown
on west side of Jefferson Street. The east side of Jefferson Street was formerly the site of
Roanoke City Mills and Virginia Scrap Iron & Metal Company, both of which were
acquired by RRHA and are in the process of redevelopment. Most structures on those
properties have been demolished, and environmental remediation is underway on the
former Virginia Scrap Iron & Metal Company property.
Honey tree Learning Center with Carilion Hospital Parking Deck in background
Ambulatory Surgery Center (private redevelopment).
Cambria Suites Hotel (under construction; near corner of Reserve Avenue & Franklin
Road)
SAMPLEPHOTOGRAPHSSHO~GSOUTH.mFFERSONREDEVELOPMENT
AREA BEFORE REDEVELOPMENT ACTIVITIES
Former Pitzer Transfer & Storage facility - Reserve Avenue looking west toward Franklin
Road. (Cambria Suites Hotel now located on this site.)
Former Pitzer Transfer & Storage facility - Rear of facility looking east toward Jefferson
StreeL (Cambria Suites Hotel now located on this site.)
Former Pitzer Transfer & Storage facility - Rear of facility looking west toward Franklin
Road. (Cambria Suites Hotel now located on this site.)
c~."
\
Former Roanoke Concrete Supply facility. (Riverside Center parking facility now located
on this site)
Former Roanoke City Mills property (background). Structures have been demolished and
property is to be redeveloped.
Entrance to former Virginia Scrap Iron & Metal Co. facility (east side of Jefferson Street).
Property is currently undergoing environmental remediation and is to be redeveloped.
r.:
Former Carillon Health Systems property (Riverside Center complex buildings now
located on site)
~-
-------"
i
Jefferson Street looking north, photograph taken from former Roanoke City Mills
property. (Riverside Center complex buildings now on site.)
~'I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38845-062110.
A RESOLUTION accepting the Fiscal Year 2010-2011 funds for the Community
Development Block Grant Program, HOME Investment Partnerships Program, and the
Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite
Grant Agreements with the United States Department of Housing and Urban Development
(HUD).
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The Fiscal Year 2010-2011 funds for the Community Development Block Grant
Program, HOME Investment Partnerships Program, and the Emergency Shelter Grant Program
are hereby ACCEPTED, upon receipt of an approval letter from HUD.
2. The City Manager is authorized to execute, and the City Clerk is authorized to
attest, the requisite Grant Agreements, Funding Approval, and any and all understandings,
assurances and documents relating thereto required by HUD to accept such funds, all of such
documents to be in such form as is approved by the City Attorney, as more particularly set out in
the City Manager's report dated June 21, 2010, to this Council.
ATTEST:
. City Clerk.
>.
R-CDBG-2010-2011 funds.doc .
~
The 21st day of June, 2010.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
No. 38846-062110.
AN ORDINANCE to appropriate funding from the Department of Housing and Urban
Development (HUD) for the Community Development Block Grant Program, HOME Investment
Partnerships Program and Emergency Shelter Grant Program, amending and reordaining
certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropria'tions be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Down Payment Assistance Program
Unprogrammed Funds
Down Payment Assistance Program
Unprogrammed Funds
Down Payment Assistance Program
Down Payment Assistance Program
HOME Program - Regular Employee Wages
HOME Program - City Retirement
HOME Program - FICA
HOME Program - Medical Insurance
HOME Program - Dental Insurance
HOME Program - Life Insurance
HOME Program - Disability Insurance
Rehabilitation Reserve (Project Funds)
Unprogrammed Funds
Hurt Park TAP Homeownership (Project Funds)
Hurt Park Habitat Homeownership (Project Funds)
Hurt Park TAP Homeownership (CHDO Proj Funds)
ESG - YWCA
ESG - TRUST
ESG - TAP Transitional Living Center
ESG - Roanoke Valley Interfaith Hospitality Network
Hotel Roanoke 108
UnprogrammedCDBG Carryover
35-090-5312-5399
35-090-5312-5482
35-090-5364-5399
35-090-5364-5482
35-090-5368-5399
35.,.090-5370-5399
35-090-5375-1902
35-090-'5375-1105
35-090-5375-1120
35-090-5375-1125
35-090-5375-1126
35-090-5375-1130
35-090-5375-1131
35-090-5375-5399
35-090-5375-5482
35-090-5375-5530
35-090-5375-5532
35-090-5375-5548
35-E 11-5281-5250
35-E11-5281-5251
35-E11-5281::5253
35-E 11-5281-5254
35-G07 -0730-5135
35-G07 -07 40-5184
$ 2,900
(2,900)
50
(50)
476
29,933
38,176
6,024
2,920
4,104
257
313
107
243,949
24,959
74,669
261,373
124,857
20,800
15,226
25,000
20,500
26,285
(26,285)
Hotel Roanoke 108
Unprogrammed CDBG Carryover
Hotel Roanoke 108
Unprogrammed CDBG Carryover
Hotel Roanoke 108
Unprogrammed CDBG Carryover
Empowering Individuals with Disabilities
Demolition
Emergency Home Repair - TAP - Project
Emergency Home Repair - TAP - Delivery
World Changers 2010 - Project
World Changers 2010- Delivery
Hurt Park TAP Homeownership (Project)
Hurt Park Habitat Homeownership (Project)
Hurt Park TAP Re.hab (Project)
Hurt Park TAP Rehab (Delivery)
Hurt Park TAP Rebuilding Rehab (Project)
Hurt Park TAP Rebuilding Rehab (Delivery)
Greening Liberty Pines
Fair Housing
Historic Review Services
Environmental Review Services
Fair Housing Analysis of Impediments
HUD Admin - Regular Employee Wages
HUD Admin - City Retirement
HUD Admin - FICA
HUD Admin - Medical Insurance
HUD Admin - Dental Insurance
HUD Admin - Life Insurance /
HUD Admin - Disability Insurance
HUD Admin - Professional Services
HUD Admin - Advertising
HUD Admin - Telephone
HUD Admin - Administrative Supplies
HUD Admin - Expendable Equipment
HUD Admin - Training & Development
HUD Admin - Printing
HUD Admirl - Records Management
HUD Admin - Postage
HUD Admin - Internal Printing
HUD Admin - Xerox Lease
Code Enforcement - Regular Employee Wages
Code Enforcement - City Retirement
Code Enforcement - FICA
Code Enforcement - Medical Insurance
35-G08-0830-5135
35-G08-0840-5184
35-G09-0930-5135
35-G09-0940-5184
35-G 10-1030-5135
35-G 1 0-1 040-5184
35-G11-1119-5057
35-G 11-1119-51 08
35-G11-1119-5470
35-G11-1119-5483
35-G11-1119-5486
35-G11-1119-5498
35-G11-1119-5530
35-G11-1119-5532
35-G11-1119-5534
35-G11-1119-5535
35-G11-1119-5538
35-G 11.J 119-5539
/
35-G11-1119-5564
35-G11-1121-5284
35-G11-1121-5403
35-G11-1121-5565
35-G11-1121-5566
35-G11-1122-1002
35-G11-1122-1105
35-G11-1122-1120
35-G11-1122-1125
35-G11-1122-1126
35-G11-1122-1130
35-G11-1122-1131
35-G11-1122-2010
35-G11-1122-2015
35-G11-1122-2020
35-G11-1122-2030
35-G11-1122-2035
35-G11-1122-2044
35-G11-1122-2075
. 35-G 11-1122-2082
35-G11-1122-2160
35-G11-1122-2375
35-G11-1122-3045
35~G11-1123-1002
35-G11-1123..:J 105
35-G11-1123-1120
35-G11-1123-1125
21,303
(21,303)
167,463
(166,822)
97,359
5,931
81 ,250
85,000
95,000
30,000
60,000
15,000
25,000
25,000
134,626
39,529
59,000
16,000
95,396.
5,000
5,000
25,000
50,000
100,253
15,819
7,669
9,576
601
822
280
5,000
3,500
1,415
2,432
1,000
2,500
1,200
240
1,500
200
1,013
70,376
11 ,105
5,383
9,092
Code Enforcement - Dental Insurance
Code Enforcement - Life Insurance
Code Enforcement - Disability Insurance
Code Enforcement - Administrative Supplies
EEA Home Rehab - Regular Employee Wages
EEA Home Rehab - City Retirement
EEA Home Rehab - FICA
EEA Home Rehab - Medical Insurance
EEA Home Rehab - Dental Insurance
EEA Home Rehab - Life Insurance
Down Pymt Assist Prog - Regular Employee Wages
Down Pymt Assist Prog - City Retirement
Down Pymt Assist Prog - FICA
Down Pymt Assist Prog - Medical Insurance
Down Pymt Assist Prog - Dental Insurance
Down Pymt Assist Prog - Life Insurance
Down Pymt Assist Prog - Disability Insurance
Down Pymt Assist Prog - Costs
Hotel Roanoke 108
Hurt Park Bike Patrol - Overtime
Hurt Park Bike Patrol - FICA
Community Based Prevention Svcs - Reg Salaries
Community Based Prevention Svcs - Retirement
Community Based Prevention Svcs - FICA
Community Based Prevention Svcs - Medical Ins
Community Based Prevention Svcs - Dental Ins
Community Based Prevention Svcs - Life Ins
Community Based Prevention Svcs - Disability Ins
Community Based Prevention Svcs - Local Mileage
Community Based Prevention Svcs - Rent
OSW - NDG ~
Melrose/Rugby Neighborhood Forum - NDG
I nfrastructure Improvements
Wasena Neighborhood Forum - NDG
Southeast Action Forum - NDG
Wildwood Civic League - NDG
Mt View Neighborhood Association - NDG
SVYM - Solar Compactors
Apple Ridge Farms
BISSWV A Case Management
TAP Project Discovery at WFHS
Children's Trust
CSA Program Services - Reg Employee Salaries
CSA Program Services - City Retirement
CSA Program Services - FICA
35-G11-1123-1126
35-G11-1123-1130
35-G11-1123-1131
35-G 11-1123-2030
35-G11-1124-1002
35-G11-1124-1105
35-G11-1124-1120
35-G11-1124-1125
35-G11-1124-1126
35-G11-1124-1130
35-G11-1125-1002
35-G 11-1125-11 05
35-G11-1,125-1120
35.,.G11-11-25-1125
35-G11-1125-1126
35-G11-1125-1130
35-G 11-1125-1131
35-G 11-1125-5399
35-G11-1130-5135.
35-G11-1135-1003.
35-G 11-1135-1120
35-G11-1136~1002
35-G11-1136-1105
35-G11-1136-1120
35-G11-1136-1125
35-G 11-1136-1126
35-G 11-1136-1130
35-G11-1136-1131
35-G11-1136-2046
35-G11-1136-3075
35-G11-1137-5028
35-G11-1137-5410
35-811-1137-5442
35-G11-1137-5476
35-G11-1137-5515
35-G11-1137-5516
35-G11-1137-5567
35""G11-1137-5568
. 35-G 11-1138-5084
35-G 11-1138-5508
35-G 11-1138-5547
35-G 11-1138-5569
35-G11-1139-1002
35-G11-1139-1105
35-G11-1139-1120
570
578
197
864
23,409
3,694
1,791
2,565
161
'192
7,587
1,197
580
1,140
72
62
21
65,000
179,217
39,046
2,987
64,628
7,475
3,708
9,600
548
531
180
1,330
6,000
24,500
4,868
650,277
3,000
4,282
260
7,250
25,308
37,498
10,000
24,120
26,614
65,173
9,295
4,611
CSA Program Services - Medical Insurance
CSA Program Services - Dental Insurance
CSA Program Services - Life Insurance
CSA Program Services - Disability Insurance
CSA Program Services - Fees for Professional Svcs
CSA Program Services - Cellular Telephone
CSA Program Services - Administrative Supplies
CSA Program Services - Expendable Equipment
CSA Program Services - Training & Development
CSA Program Services - Local Mileage
CSA Program Services - Program Activities
CSA Program Services - Business Meals & Travel
Revenues
HOME Program Income 08 - 09
HOME Program Income 09 ..; 10- SEBD
HOME Program Income 09 - 10 - TAP
HOME Entitlement 10 -11
HOME Program Income 10.,.11
ESG Entitlement 10 -11
Rental Rehab
Hotel Roanoke Section 108 Repayment
Other Program Income - RRHA
CDBG Entitlement
Other Program Income - RRHA
Lease Payment - Cooper Industries
Home Ownership Assistance
Hotel Roanoke Section 108 Repayment
Rental Rehab Repayment
35-G11-1139-1125
35-G11-1139-1126
35-G11-1139-1130
35-G11-1139-1131
35-G11-1139-2010
35-G 11-1139-2021
35-G 11-1139-2030
35~G 11-1139-2035
35-G11-1139-2044
35-G 11-1139-2046
35-G 11.,.1139-2066
35-G11-1139-2144
35-090-5368-5369 .
35-090-5370-5372
35-090-5370-5373
35-090-5375-5375\
35-090-5375-5376
35-E 11-5281-5281
35-G09-0900-2940
35-G 10-1000-3034
35-G 10-1000-3003
35-G11-11 00-31 01
35-G11-1100-3103
35-G11-1100-3106
35-G11-1100-3122
35-G11-1100-3134
35-G11-1100-3140
7,420
440
456
111
2,000
744
200
1,350
6,500
1,000
300
400
476
7,168
.22,765
756,708
25,000
81,526
641 -
96,756
6,534
2,015,851
5,000
13,333
5,000
400,000
500
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
../#
()E:P~:,.y ~i~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Acceptance and Appropriation
of 201 0-2011 Community
Development Block Grant
(CDBG), HOME Investment
Partnerships Program (HOME)
and Emergency Shelter Grant
(ESG) Program Funds
Background:
CDBG, HOME and ESG funds received from the U. S. Department of Housing and
Urban Development (HUD) provide for a variety of activities ranging from housing
and community development to homelessness prevention and economic
development. The City has received these entitlement grant funds for over thirty
years and must reapply annually to HUD to receive such funding. On May 10,
2010, by Resolution No. 38808-051010, City Council authorized filing the three
funding applications as part of approving the submission of the 2010-2015
Consolidated Plan to HUD.
Considerations:
,'.
The funding release process is underway, and HUD's letter of approval is
forthcoming, granting the City access to its 2010-2011 CDBG, HOME and ESG
entitlements. The 2010-2015 Consolidated Plan, including the Fiscal Year 2010-
2011 Action Plan, approved by City Council provides for activities totaling
$3,623,728. The funding for these activities included new entitlement funds,
anticipated program income, and funds unexpended from prior year accounts.
Honorable Mayor and Members of City Council
June 21,2010
Page 2
The actions recommended in this report also include appropriation of additional
program income funds totaling $30,890 ($5,931 CDBG and $24,959 HOME) into
unprogrammed accounts to be available for eligible activities in the future. Total
appropriations being considered include the $3,623,728 for activities proposed in
the Fiscal Year 2010-2011 Action Plan and the $30,890 of additional program
income funds for a total appropriation of $3,654,618.
Acceptance of the funds and appropriation ortransfer to the accounts indicated in
Attachments 1, 2 and 3 are needed to permit the 2010-2011 activities to proceed.
Acceptance of the 2010-2011 HOME entitlement requires $88,101 in local match.
This requirement will be satisfied by excess matching funds banked in previous
years and additional in-kind contributions from projects
Recommended Actions:
1. Adopt a resolution accepting the 2010-2011 CDBG, HOME and ESG
entitlement funds as detailed below, contingent upon receipt of the
approval letter from HUD;
CDBG 2010-11 Entitlement
HOME 2010-11 Entitlement
ESG 2010-11 Entitlement
TOTAL
$2,015,851
756,708
81.526
$2,854,085
2. Authorize the City Manager to execute the required Grant Agreements,
Funding Approval, and other documents required by HUD in order to
accept the funds, all of such documents to be approved as to form by
the City Attorney;
3. Appropriate $2,854,085 entitlement and $448,833 in anticipated
program income to revenue and expenditure accounts to be.established
in the Grant Fund by the Director of Finance, as detailed in Attachments
1,2, and 3;
4. Transfer $217,360 in CDBG and HOME accounts from prior years to
projects included in the 2010-2011 CDBG and HOME programs, as
detailed in Attachments 1 and 2;
5. Increase the revenue estimate in CDBG revenue accounts by a total of
$103,931 and appropriate the funds into project expenditure accounts
as detailed in Attachment 1; and
Honorable Mayor and Members of City Council
June 21, 2010
Pag e 3
6. Increase the revenue estimate in HOME revenue accounts by a total of
$30,409 and appropriate the funds into project expenditure accounts as
detailed in Attachment 2.
CPM:mm
Attachments
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
CM 1 0-00094
Attachment 1
ITEMIZED EXPENDITURES FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FISCAL YEAR 2010-2011
Account No. Item Description Amount
EXPENDITURES
35-G11-1119- Housing
5057 Empowering Individuals with Disabilities $81,250
5108 Demolition $85,000
5470 Emergency Home Repair - TAP - Project $95,000
5483 Emergency Home Repair - TAP - Delivery $30,000
5486 World Changers 2010 - Project $60,000
5498 World Changers 2010 - Delivery $15,000
5530 TAP - HP Homeownership Project $25,000
5532 Habitat - HP Homeownership Delivery $25,000
5534 TAP - HP Rehab Project $134,626
5535 TAP - HP Rehab Delivery , $39,529
5538 Rebuilding - HP Rehab Project $59,000
5539 Rebuilding - HP Rehab Delivery $16,000
5564 Greening Liberty Pines $95,396
Subtotal - Housing $760,801
35-G 11-1121- Planning I Admin
5284 Fair Housing $5,000
5403 Historic Review Services . $5,000
5565 Environmental Review Services $25,000
5566 Fair Housing Analysis of Impediments $50,000
Subtotal - Planning/Admin $85,000
35-G11-1122- HUD Administration
1002 Regular Employee Salaries $100,253
1105 City Retirement $15,819
1120 FICA $7,669
1125 Medical Insurance $9,576
1126 Dental Insurance $601
1130 Life Insurance $822
1131 Disability Insurance $280
2010 Fees for Professional Services $5,000
2015 Advertising $3,500
2020 Telephone $1,415
2030 Administrative Supplies $2,432
2035 Expendable Equipment (<$5,000) $1 ,000
2044 Training and Development $2,500
2075 Printing $1,200
. 2082 Records Management . $240
2160 Postage $1,500
2375 Internal Printing $200
3045 Xerox Lease $1,013
Subtotal - HUD Admin $155,020
1 of 4
Account No. Item Description Amount
35-G11-1123- Code Enforcement
1002 Regular Employee Salaries $70,376
1105 City Retirement $11 , 1 05
1120 FICA $5,383
1125 Medical Insurance $9,092
1126 Dental Insurance $570
1130 Life Insurance $578
1131 Disability Insurance $197
2030 Administrative Supplies $864
Subtotal - Code Enforcement $98,165
35-G11-1124- Energy Efficient Affordable Home Rehabilitation
1002 Regular Employee Salaries $23,409
1105 City Retirement $3,694
1120 FICA $1,791
1125 Medical Insurance $2,565
1126 Dental Insurance $161
1130 Life Insurance $192
Subtotal - EEAHR $31,812
35-G11-1125- Down Payment Assistance Program
1002 Regular Employee Salaries $7,587
1105 City Retirement $1,197
1120 FICA $580
1125 Medical Insurance $1 , 140
1126 Dental Insurance $72
1130 Life Insurance $62
1131 Disability Insurance $21
5399 Down Payment Assistance Program Costs $65,000
Subtotal - Down Payment Assistance $75,659
35-G11-1130- Economic Development Projects
5135 Hotel Roanoke 108 (Total Payment $491,627) $179,217
Subtotal - Economic Development $179,217
35-G11-1135- Hurt Park Bike Patrol
1003 Overtime $39,046
1120 FICA $2,987
Subtotal - Hurt Park Bike Patrol $42,033
35-G11-1136- Community Based Prevention Services
1002 Regular Employee Salaries $64,628
1105 City Retirement $7,475
1120 FICA $3,708
1125 Medical Insurance $9,600
1126 Dental Insurance $548
1130 Life Insurance $531
1131 Disability Insurance $180
2of4
Account No. Item Description Amount
2046 Local Mileage $1,330
3075 Rent (including utilities) $6,000
Subtotal - Community Based Prevention Services $94,000
35-G11-1137- Neighborhood Projects . .
5028 OSW - NDG $24,500
5410 Melrose/Rugby Neighborhood Forum - NDG $4,868
5442 Infrastructure Improvements $650,277
5476 Wasena Neighborhood Forum - NDG $3,000
5515 Southeast Action Forum - NDG $4,282
5516 Wildwood Civic League - NDG $260
5567 Mt. View Neighborhood Association- NDG $7,250
5568 SWM - Solar Compactors $25,308
Subtotal - Neighborhood $719,745
35-G 11-1138- Human Development Programs
5084 Apple Ridge Farms $37,498
5508 BISSWVA-Case Management $10,000
5547 TAP - African American Male Studies at WFHS $24,120
5569 Children's Trust $26,614
Subtotal - Human Development $98,232
35-G11-1139- CSA Program Services
1002 Regular Employee Salaries $65,173
1105 City Retirement $9,295
1120 FICA $4,611
1125 Medical Insurance $7,420
1126 Dental Insurance $440
1130 Life Insurance $456
1131 Disability Insurance $111
2010 Fees for Professional Services $2,000
2021 Telephone-cellular $744
2030 Administrative Supplies $200
2035 Expendable Equipment (<$5,000) $1 ,350
2044 Training and Development $6,500
2046 Local Mileage $1,000
2066 Program Activities $300
2144 Business Meals and Travel $400
Subtotal - CSA Program Services $100,000
TOTAL EXPENDITURES $2,439,684
3of4
Account No. Item Description Amount
35-G11-1100- REVENUE
3101 CDBG Entitlement $2,015,851
3103 Other Program Income - RRHA $5,000
3106 Cooper Industries (UDAG) $13,333
3122 Homeownership Assistance $5,000
3134 Hotel Roanoke Loan Repayment . $400,000
3140 Rental Rehab Repay $500
TOTAL REVENUE $2,439,684
,
CDSG ACCOUNT TRANSFERS
INCREASE
35-G07 -0730-5135 Hotel Roanoke 108 $26,285
35-G08-0830-5135 Hotel Roanoke 108 $21,303
35-G09-0930-5135 Hotel Roanoke 108 $166,822
Total Increase $214,410
.
DECREASE
35-G07 -0740-5184 Unprogrammed CDBG - Carryover $26,285
35-G08-0840-5184 Unprogrammed CDBG - Carryover $21,303
35-G09-0940-5184 Unprogrammed CDBG -Section 108 Loan $166,822
Total Decrease $214,410
INCREASE REVENUE ESTIMATE
35-G09-0900-2940 Rental Rehab $641
35-G 10-1000-2934 108 Repay $96,756
35..:G 10-1000-3003 Other Program Income - RRHA $6,534
Total Revenue Increase $103,931
APPROPRIATE TO
35-G09-0930-5135 Hotel Roanoke 108 $641
35-G 10-1030-5135 Hotel Roanoke 108 $97,359
35-G1 0-1 040-5184 Unprogrammed CDBG - Carryover Funds $5,931
Total Appropriation to Accounts $103,931
L:lHOUSING/HUD/10/11 Annual Update/Appropriations Report/10-11 CDBG Approp
4of4
Attachment 1
ITEMIZED EXPENDITURES FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FISCAL YEAR 2010-2011
Account No. Item Description Amount
EXPENDITURES
HUD Administration - $155,020 (includes $20,000 prog costs)
II InnIIJiIIiiI
1002 Regular Employee Salaries $100,253
1105 City Retirement $15,819
1120 FICA $7,669
1125 Medical Insurance $9,576
1126 Dental Insurance $601
1130 Life Insurance $822
1131 Disability Insurance $280
2010 Fees for Professional Services $5,000
2015 Advertising $3,500
2020 Telephone $1,415
2030 Administrative Supplies . $2,432
2035 Expendable Equipment (<$5,000) $1 ,000
2044 Training and Development $2,500
2075 Printing $1,200
2082 Records Management $240
2160 Postage $1 ,500
2375 Internal Printing $200
3045 Xerox Lease $1,013
Subtotal - HUD Admin $155,020
Code Enforcment
-
1002 Regular Employee Salaries $70,376
1105 City Retirement . $11,105
1120 FICA $5,383
1125 Medical Insurance $9,092
1126 Dental Insurance $570
1130 Life Insurance $578
1131 Disability Insurance $197
2030 Administrative Supplies $864
Subtotal - Code Enforcement $98,165
-- Energy Efficient Affordble Home Rehabilitation
$31,812
1002 Regular Employee Salaries
1105 City Retirement
1120 FICA
1125 Medical Insurance
1126 Dental Insurance
1130 Life Insurance
1131 Disability Insurance
Subtotal - EEAHR $31,812
- Down Pay"ment Assistance Program
. 1002 Regular Employee Salaries $7,587
1105 City Retirement $1,197
1120 FICA $580
1125 Medical Insurance $1 , 140
1126 Dental Insurance $72
1130 Life Insurance $62
1131 Disability Insurance $21
5399 Down Payment Assistance Program Costs $65,000
Subtotal - Down Payment Assistance $75,659
Housing
35-G 11-1119-
5057 Empowering Individuals with Disabilities $81,250
.5108 Demolition $85,000
5470 Emergency Home Repair - TAP - Project $95,000
5483 Emergency Home Repair - TAP - Delivery $30,000
5486 World Changers 2010 - Project $60,000
5498 World Changers 2010 - Delivery $15,000
5530 TAP - HP Homeownership Project $25,000
5532 Habitat - HP Homeownership Delivery $25,000
5534 TAP - HP Rehab Project $134,626
5535 TAP - HP Rehab Delivery $39,529
5538 Rebuilding - HP Rehab Project $59,000
5539 Rebuilding - HP Rehab Delivery $16,000
_Greening Liberty Pines $95,396
Subtotal - Housing $760,801
Planning / Admin
35-G11-1121-
5284 Fair Housing
5403 Historic Review Services
Environmental Review Services
Fair Housing Analysis of Impediments
Subtotal - Planning/Admin
$5,000
$5,000
$25,000
$50,000
$85,000
Economic Development Projects
35-G11-1130-
5135 Hotel Roanoke 108 (Total Payment $491,627)
Subtotal - Economic Development
$179,217
$179,217
Account No. Item Description Amount
.
Hurt Park Bike Patrol
35-G11-1135-
1003 Overtime $39,046
1120 FICA $2,987
Subtotal - Hurt Park Bike Patrol $42,033
Community Based Prevention Services
35-G 11-1136
1002 Regular Employee Salaries $94,000
1105 City Retirement
1120 FICA
1125 Medical Insurance
1126 Dental Insurance
1130 Life Insurance
1131 Disability Insurance
2020 Telephone (including Internet Access)
2021 Telephone - Cellular
2030 Administrative Supplies
2035 Equipment <$5,000
2046 Local Mileage
2144 Business Meals and Travel
3075 Rent (including utilities) ,
Subtotal - Community Based Prevention Services $94,000
Neighborhood Projects
35-G11-1137-
5028 OSW - NDG
5410 Melrose/Rugby Neighborhood Forum - NDG
5442 Infrastructure Improvements
5476 Wasena Neighborhood Forum - NDG
5515 Southeast Action Forum - NDG
5516 Wildwood Civic League - NDG
Mt. View Neighborhood Association- NDG
SWM - Solar Compactors
Subtotal - Neighborhood
Account No.
Item Description
Human Development Programs
35-G11-1138-
5084 Apple Ridge Farms
5508 BISSWV A-Case Management
5547 TAP - African Amerian Male Studies at WFHS
Children's Trust
Subtotal - Human Development
CSA Program Services ($100,000)
35-G11-1139-
1002 Regular Employeee Salaries
1105 City Retirement
1118 FSA Match
1120 FICA
1125 Medical Insurance
1126 Dental Insurance
1130 Life Insurance
1131 Disability Insurance
2010 Fees for Professional Services
Subtotal - CSA Program Services
TOTAL EXPENDITURES
REVENUE
CDBG Entitlement
Other progam Income - RRHA
Cooper Industries (UDAG)
Homeownership Assistance
Hotel Roanoke Loan Repayment
Rental Rehab Repay
TOTAL REVENUE
$24,500
$4,868
$650,277
$3,000
$4,282
$260
$7,250
$25,308
$719,745
Amount
$37,498
$10,000
$24,120
$26,614
$98,232
$100,000
$100,000
$2,439,684
$2,015,851
$5,000
$13,333
$5,000
$400,000
$500
$2,439,684
CDBG ACCOUNT TRANSFERS
INCREASE
35-G07 -0730-5135 Hotel Roanoke 108 $26,285
35-G08-0830-5135 Hotel Roanoke 108 $21,303
35-G09-0930-5135 Hotel Roanoke 108 $166,822
Total Increase $214,410
DECREASE
35-G07 -07 40-5184 Unprogrammed CDBG - Carryover $26,285
35-G08-0840-5184 Unprogrammed CDBG - Carryover $21,303
35-G09-0940-5184 Unprogrammed CDBG -Section 108 Loan $166,822
Total Decrease $214,410
Account No. Item Description Amount
INCREASE REVENUE ESTIMATE
35-G09-0900-2940 Rental Rehab $641
35-G 10-1000-2934 108 Repay $96,756
35-G 10-1000-3003 Other Program Income - RRHA $6,534
$103,931
APPROPRIATE TO
35-G09-0930-5135 Hotel Roanoke 108 $641
35:G10-1030-5135 Hotel Roanoke 108 $97,359
35-G1 0-1 040-5184 Unprogrammed CDBG - Carryover Funds $5,931
$103,931
L:lHOUSING/HUD/10/11 Annual Update/Appropriations Report/10-11 CDBG Approp
Attachment 2
ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2010-2011
Account No. Item Description Amount
EXPENDITURES
35-090-5375-1002 Regular Employee Salaries $38,176
35-090-5375-1105 City Retirement $6,024
35-090-5375-1120 FICA $2,920
35-090-5375-1125 Medical Insurance $4,104
35-090-5375-1126 Dental Insurance $257
35-090-5375-1130 Life Insurance $313
35-090-5375-1131 Disability Insurance $107
35-090-5375-5399 Down Payment Assistance Program $243,949
35-090-5375-5532 Habitat Hurt Park Homeownership (Project Funds) $261,373
35-090-5375-5548 TAP Hurt Park Homeownership (CHDO Project Funds) $124,857
35-090-5375-5530 TAP Hurt Park Homeownership (Project Funds) $74,669
35-090-5375-5482 Unprogrammed $24.959
TOTAL EXPENDITURES $781,708
REVENUE
35-090-5375-5375 HOME Entitlement - FY11 $756,708
35-090-5376-5376 HOME Program Income - FY11 $25,000
TOTAL REVENUE $781,708
HOME ACCOUNT TRANSFERS
INCREASE
. 35-090-5312 -5399 Down Payment Assistance Program $2,900
35-090-5364-5399 Down Payment Assistance Program $50
Total Transfer Increase $2,950
DECREASE
35-090-5312-5482 Unprogrammed Funds $2,900
35-090-5364-5482 Unprogrammed Funds $50
Total Transfer Decrease $2,950
INCREASE REVENUE ESTIMATES
35-090-5368-5369 HOME Program Income - FY09 $476
35-090-5370-5372 HOME Program Income - FY10-SEBD $7,168
35-090-5370-5373 HOME Program Income - FY10-TAP $22,765
Total Revenue Increase $30,409
APPROPRIATE TO:
35-090-5368-5399 Down Payment Assistance Program $476
35-090-5370-5399 Down Payment Assistance Program $29,933
Total Appropriation $30,409
Attachment 3
ITEMIZED EXPENDITURES FOR EMERGENCY SHELTER GRANT FUNDS
FISCAL YEAR 2010-2011
Account No. Item Description Amount
Expenditures
35-E11-5281-
5250 YWCA $20,800
5251 TRUST House $15,226
5253 TAP/Transitional Living Center $25,000
5254 Roanoke Valley Interfaith Hospitality Network $20,500
TOTAL EXPENDITURES . $81,526
Revenue
35-E11-5281-5281 ESG Entitlement $81,526
'"
7f!/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
. The 21st day of June, 2010.
No. 38847-062110.
A RESOLUTION authorizing acceptance of Phase II ofthe Bill & Melinda Gates Foundation
Opportunity Hardware Grant to the City of Roanoke Library System by the Bill & Melinda Gates
Foundation, and authorizing execution by the City Manager of any required documentation on behalf
of the City.
BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. Phase II ofthe Bill & Melinda Gates Foundation Opportunity Hardware Grant to the
City of Roanoke Library System in the amount of $16,900, with a cash match of$16,900 from the
City, for the purpose of providing for the addition of laptop training labs to increase computer
training for the community and additional new computers at four of the City of Roanoke's public
library branches, Gainsboro, Jackson Park, Roanoke Law Library, and Melrose, as more particularly
set forth in the letter of the City Manager to Council dated June 21,2010, is hereby ACCEPTED.
.2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any
documents required to accept such grant. All documents shall be upon form approved by the City
Attorney.
(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38848-062110.
AN ORDINANCE to appropriate additional funding from the Sill and Melinda
Gates Foundation Opportunity Hardware Grant for library technology updates, amending
and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the CouOcil of the City of Roanoke that the following
sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
\
Appropriations
Other Equipment
Revenues
Gates Foundation FY09Additional
Gates Foundation FY09 Additional - Local
35-650-8301-9015
$ 33,800
35-650-8301-8301
35-650-8301-8302
16,900
16,900
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Bill & Melinda Gates Foundation
Opportunity Hardware Gra.nt,
Phase II Funds
Background:
the City of Roanoke Library System is the recipient of a Phase II Bill & Melinda
Gates Foundation Opportunity Hardware Grant. This national grant is to assist
selected public libraries in providing up-to-date technology to their
communities. this grant allows the Library system to continue to replace older
computers and significantly increase the number of available computers at four
branches: Gainsboro, Jackson Park, Roanoke Law Library, and Melrose.
The Gates Foundation has awarded $16,900 that needs to be appropriated. The
Phase II. grant requires a 1: 1 cash match of $16,900 which is available in
account 35-300-9700-541 5 Local Match Funding for Grants. This award will
provide for the addition of a laptop training lab to increase computer training
for the community and additional new computers at these four locations.
Recommended Action:
Accept Phase II of the Bill & Melinda Gates Foundation Opportunity Hardware
Grant and authorize the City Manager to execute the grant agreements and any
related documents, subject to them being approved as to form by the City
Attorney.
Honorable Mayor and Members of City Council
June 21,2010
Page 2
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $16,900, transfer local cash matching funding of $16,900 from
Local Match Funding for Grants (35-300-9700-5415), and to appropriate total
funding of $33,800 in accounts established previously in the Grant Fund by the
Director of Finance.
IstopFier P. Morrill
City Manager
CPM:su
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sheila S. Umberger, Director of Libraries
Sherman M. Stovall, Director of Management and Budget
CM1 0-001 08
,. J.i, i, f ; {j,. . . ~ i' . r ~ 1
(}JG
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st daY,/of June, 2010.
No. 38849~062110.
A RESOLUTION accepting the Western Virginia Workforce Development Board
Workforce Investment Act grant in the amount of $39,809, and authorizing the City Manager
to execute the requisite documents necessary to accept the fundin:g. .
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce Investment
Act grant in the amount of$39,809, with no local match, for certain WIA client populations,
for Youth Program Summer Employment for PY2009, as more particularly set out in the
City Manager's letter dated June 21, 2010, to City Council, is hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City, any
documents required to accept such grant, in a form approved by the City Atto'rney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the acceptance of the foregoing grant.
ATT:gST:
(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38850-062110.
AN ORDINANCE to appropriate additional funding from the Federal government's
American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia
for the Workforce Investment Act (WIA), amending and reordaining certain sections of the
2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA WIA FY09 Youth In School- Contract Svcs
ARRA WIA FY09 Youth Out of School- Contr Svcs
Revenues
ARRA WIA Grant FY09
35-R09-0946-8057 $ 27,866
35-R09-0947-8057 11,943
35-R09-0943-2914
39,809
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
~1C-
',;,\
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Funding for Western Virginia
Workforce Development Board
Work-Force Investment Act (WIA)
Programs-American Reinvestment
and Recovery Act Grant
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Board administers the federally funded
WIA for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig,
Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
. Dislocated workers who have been laid off from employment through no
fault of their own;
. Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
. Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
. Businesses in need of employment and job training services.
Honorable Mayor and Members of City Council
June 21,2010
Page 2
The Board has received a Notice of Obligation (NOO), from the Virginia
Community College System, allocating $39,809 for Youth Programs to be used
for Youth Program Summer Employment for PY2009 (February 17, 2009 - June
30, 2011) American Recovery and Reinvestment Act funds.
Considerations:
. Program Operations - Existing activities in Youth Program Summer
Employment will continue and planned programs will be implemented.
. Funding - Funds are available from the Grantor agency and othe"r sources
as indicated, at no additional cost to the City.
Recommendations:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $39,809 for Youth Programs Summer Employment
for Program Year 2009. Establish revenue estimates in the Grant Fund in
accounts established by the Director of Finance and appropriate funding in the
Contract Services accounts 3 5-R09-0946-805 7 and 3 5-R09-0947-80S 7 in the
amounts of $27,866 and $11,943 respectively.
submitted,
stopfier P. Morrill
City Manager
CPM:tem
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services
CM10-00115
Cr%
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38851-062110.
AN ORDINANCE to appropriate funding from the Department of Technology
Retained Earnings to various Department of Technology projects, amending and re-
ordaining certain sections of the 2009-2010 Department of Technology Fund
. Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2009-2010 Department of Technology Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Retained Earnings - Available
13-430-9804-9003
1.3-430-9842-9003
$ 30,000
30,000
13-3348
( 60,000 )
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Department of Technology
Retained Earnings for
Technology Projects
Background:
The Information Technology Committee (lITC'), the Department of
Technology's steering committee, is comprised of members representing
twelve (12) City departments. On May12th, the ITC heard a request by
the Department of Technology regarding the ongoing support and
funding for the City's Geographical Information Systems (GIS) and e-Gov
(online electronic transactions) The continuing support for these
systems, at a cost of $60,000 annually, was determined to be vital to the
City's efficiency and effective operations.
Considerations:
Funding for these projects is available in the Department of Technology
Fund Retained Earnings (13-3348).
Honorable Mayor and Members of City Council
June 21,2010
Page 2
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding to the
Enterprise GIS project. account (13-430-9804-9003) in the amount of
$30,000 and to the E-gov Applications project account (13-430-9842-
9003) in the amount of $30,000 from the Department of Technology
Fund Retained Earnings.
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Drew Harmon, City Auditor
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager, Community Development
James Grigsby, Assistant City Manager, Operations
Sherman M. Stovall, Director, Management and Budget
Debbie J. Moses, Director, HRCC Commission, ITC Chair
Greg W. Staples. Police Department, ITC Co-Chair
Roy M. Mentkow, Director, Technology
CM10-00105
, , . I .' ': ~;~:~, ,~ ,t"O '1 'V- : ~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 24, 2010
Cadova, Inc.
C/o Gary R. Fitzsimmons
1214 Eagleview Road
Goodview, Virginia 24095
Dear Mr. Fitzsimmons:
I am enclosing copy of Ordinance No. 38852-062110 authorizing the continuance
of an existing encroachment caused by the property located at 1127 9th
Street,S. E., extending into a portion of the City's right-of-way of Buena Vista
Boulevard, S. E., upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21,2010, and is in full force
and effect at such time as a copy, duly signed, sealed, and acknowledged by
Cadova, Inc., has been admitted to record, at the cost of Cadova, Inc., in the
Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in
effect only so long as a valid, ~current certificate evidencing the insurance
required in Paragraph 3 above is on file in the Office of the City Clerk.
Sincerely,
Jonathan era
Deputy City Clerk
K:\Agenda CorrespondencelJune 21, 20 I OIJune 21, 2010.doc
Cadova, Inc.
June 24, 2010
Page 2
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Robert B. Ledger, Economic Development Manager
Risk Management Officer
K\Agenda Correspondence\lune 21, 20 I O\lune 21, 2010.doc
ROANOKE TAX MAP NO. 4140250
]1.0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38852-062110.
AN ORDINANCE authorizing the continuance of an existing encroachment caused by the
property located at 1127 - 9th Street, S.E., extending into a portion ofthe City's right-of-way of
Buena Vista Blvd., S.E., upon certain terms and conditions, and dispensing with the second reading
of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Authorization is hereby granted to Cadova, Inc., to permit the continuance of the
existing encroachment from the property located at 1127 - 9th Street, S.E., designated as Roanoke
T ax Map No. 4140250, caused by the front stoop 0 f the property that extends into a portion 0 f the
City's right-of-way of Buena Vista Blvd., S.E.' The front ofthe encroachment extends 4'8" into the
City's right-of-way, the rear extends 4'0" into the City's right-of-way, and the length of the
encroachment is 15'5", as more particularly set forth in the City Manager's letter to this Council
dated June 21,2010.
2. It shall be agreed by the undersigned property owner that, in maintaining such
encroachment, the property owner and its grantees, assignees, or successors in interest shall agree to
indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and
all claims for injuries or damages to persons or property that may arise by reason of .the above-
described encroachment.
3. The property owner, its grantees, assigns or successors in interest, shall, for the
duration of this permit, maintain on file with the Office of the City Clerk evidence of insurance
coverage in an amount not less than one million dollars of general liability insurance. The certificate
of insurance must list the City of Roanoke, its officers, agents and employees 8$ additional insureds,
and an endorsement by the insurance company naming these parties as. additional insureds must be
received within thirty (30) days ofpassage of this ordinance. The certificate ofinsurance shall.state
that such insurance may not be canceled or materially altered without thirty (30) days written advarice
notice of such cancellation or alteration being provided to the Risk Management Officer for the City
of Roanoke.
4. The City Clerk shall transmit an attested copy ofthis ordinance to the owner ofthe
property, Cadova, Inc., c/o GaryR. Fitzsimmons, 1214 Eagleview Road, Goodview, Virginia 24095.
5. This ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by the property owner, has been admitted to record, at the cost of the
property owner, in the Clerk's Office ofthe Circuit Court for the City of Roanoke, and shall remain in
/
effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3
above is on file in the Office of the City Clerk. If the property owner does not meet the complete
requirements stated herein within ninety days from the date of this ordinance, the authorization
granted by this ordinance shall be of no further force and effect.
6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
9
City Clerk.
The undersigned, the owner/~f 1127 - 9th Street, S.E.., Roanoke, Virginia, and designated as
Roanoke Tax Map No. 4140250, hereby acknowledge that it has read and understand the terms
and conditions stated above and agree to comply with those provisions.
CADOV A, INC., a Virginia Corporation
By
Gary Fitzsimmons, Director/Registered Agent
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this
day of
, 201 0, by Gary
Fitzsimmons, Director and Registered Agent of Cad ova, Inc., a Virginia corporation.
My Commission expires:
Notary Public
Registration No.
K:\David\Council Work\O-Encroachment Gary Fitzsnmnons.1127-9th St,SE. 6-2-201 O.doc
/
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request for Encroachment
In Public Right-of-Way,
Tax Map # 4140250,
1127 9th St., SE
Mr. Gary Fitzsimmons recently purchased property located at 1127 9th St., SE.
As the property was being sub-divided from a single family dwelling, it was
noted that the front stoop of the property encroached into the City right-of-way.
The front of the encroachment extends 4'8" into right-of-way, the rear extends
4'0" into right-of-way, and the length is 15'5". Please see attached plat labeled
"An.
Mr. Fitzsimmons plans to rehabilitate the dwelling arid lease as a potential retail
location.
Recommended Action:
Adopt the attached ordinance authorizing the continuance of the existing
Encroachment described above, subject to the terms and conditions set out in
the ordinance.
Honorable Mayor and Members of City Council
June21,2010
Page 2
CPM/c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director of Real Estate Valuation
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
CM10-00120
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Teleph~ne: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
JUr;1e 24, 2010
Carl L. Palmer, General Manager
Valley Metro
P. O. Box 13247
Roanoke, Virginia 24032
Dear Mr. Palmer:
I am attaching copy of Resolution No. 38853-062110 establishing a revised daily
one way fare of $0.75 for Roanoke City Public School students, grades 6 through
12, with a valid Valley Metro issued Student 10, which will replace the current
free daily one way student fare, for Greater Roanoke Transit Company, dba
Valley Metro (GRTC); establishing an effective date; and authorizing the City
Manager to take any necessary action to accomplish the implementation,
administration, and enforcement of such fare increase.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21,2010.
Sincerely,
Jonathan E. Cr ft
Deputy City Clerk
Attachment
pc: Christopher P. Morrill, City Manager
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
Gary E. Tegenkamp, Assistant General Counsel, GRTC
K:\Agenda CorrespondencelJune 21,20 I OlJune 21, 20 I O.doc
.p;{
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No~ 38853-062110.
A RESOLUTION approving and establishing a revised daily one way fare of $0.75 for
Roanoke City Public School students, grades 6 through 12, with a valid Valley Metro issued
Student ID, which will replace the current free daily one way student fare, for the Greater
Roanoke Transit Company, dba Valley Metro (GRTC); establishing an effective date; and
. .
authorizing the City Manager to take any necessary action to accomplish the implementation,
administration, and enforcement of such fare increase.
, WHEREAS, the GRTC Board of Directors has approved and adopted a revised daily one
way fare of $0.75 for Roanoke City Public School students, grades 6 through 12, with a valid
Valley Metro issued Student ID; which will replace the current free daily one way student fare,
for GRTC, all as set forth in the City Manager's letter dated June 21,2010, to this Council; and
WHEREAS, GRTC has requested that City Council approve and establish such fare
increase as mentioned above pursuant to Section 34-22 (a) of the Code ofthe City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. City Council hereby approves and establishes a revised daily one way fare of
$0.75 for Roanoke City Public School students, grades 6 through 12, with a valid Valley Metro
issued Student ID, which will replace the current free daily one way student fare. Such revised
student fare was approved and adopted by the GRTC Board of Directors, all as set forth in the
above City Manager's letter dated June 21, 2010. Such revised student fare is to be effective
July 1, 2010.
R-GRTC Student Fare Increase.doc
1
2. The City Manager is hereby authorized to take any necessary action to accomplish
the implementation, administration, and enforcement of such fare increase as set forth'above.
3. The City Clerk is directed to certify a copy of this Resolution to the General
Manager ofGRTC.
\
R-GRTC Student Fare Increase.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, COl-lncil Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Proposed GRTC Revised
Student Fare Change
. Background:
As required by Section 34-22(a) of the Code of the City of Roanoke, the
Greater Roanoke Transit Company, dba Valley Metro, (GRTC) has requested
that City Council approve and establish a revised daily one way fare of $0.75
for Roanoke City Public School students, grades 6 through 12, with a valid
Valley Metro issued student ID. Such revised student fare is to be effective
July 1 , 20 1 O.
In June 2007, as a means to encourage Roanoke City Public School student
participation in year-round school sponsored programs, the City of Roanoke
agreed to eliminate the one way trip fare for Roanoke City Public School
students in grades 6 through 12.
During 2010 budget considerations a revised student fare of $0.75 was
recommended to help increase revenues and maintain the current level of the
City's subsidy to GRTC. A proper 30 day public notice has been made, and
on June 9, 2010 a public hearing on such fare increase was held in the City.
No citizens attended the public hearing. A total of sixteen (16) written
comments were received during the thirty (30) day notice period: Thirteen
(13) were in support of the revised student fare, three (3) were not in favor of
Honorable Mayor and Members of City Council
June 21,2010
Page 2
the proposed fare. Based on a review of comments, staff continues to
recommend the increase in the fare for the reasons outlined previously.
Recommended Action:
City Council approve and establish a revised daily one way fare of $0.75 per
one way trip for Roanoke City Public School students, grades 6 through 12,
with a valid Valley Metro issued student ID, effective July 1, 2010.
./
Authorize the City Manager to take any necessary action to accomplish the
implementation, administration, and enforcement of such fee increase as set
forth above.
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager
Carl Palmer, General Manager, GRTC
CM10-00126
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINiA
The 21st day of June, 2010.
No. 38854-062110.
A RESOLUTION authorizing the City Manager to execute a Second Modification Agreement dated
June 22,2010, and to secure associated Second Amended Notes with a Second Purchase Money Deed of
Trust and Second Corrected Purchase Money Deeds of Trust in order to reschedule the balance of a 1991
loan of Community Development Block Grant (CDBG) funds originally provided to Total Action Against
Poverty in Roanoke Valley, for the acquisition and rehabilitation of certain properties in the City of Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke that
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, a Second Modification Agreement dated June 22, 2010, between Total Action
Against Poverty in Roanoke Valley, Roanoke At Home Limited Partnership, and the City of Roanoke.
2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to
secure associated Second Amended Notes from Total Action Against Poverty in Roanoke Valley and Roanoke
At Home Limited Partnership with a Second Purchase Money Deed of Trust and Second Corrected Purchase
Money Deeds of Trust for the rescheduling of debt remaining on a 1991 loan of CDBG funds, such Second
,
Modification Agreement, Second Amended Notes, Second Purchase Money Deed of Trust and Second
Corrected Purchase Money Deeds of Trust to be approved as to form by the City Attorney, as is more
particularly set forth in the City Manager's report dated June 21, 201'0, to City Council.
R-SRO-TAP Loan Extension-2010.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Single-Room Occupancy (SRO)
Loan Extension for Roanoke At
Home Limited Partnership
Background:
In 1991, City Council approved loaning $145,000 in Community Development
Block Grant (CDBG) funding to assist Total Action Against Poverty (TAP) in
purchasing and rehabilitating properties to provide Single Room Occupancy (SRO)
housing for homeless individuals. The loan was amortized over 30 years at an
interest rate of one percent (1.0%), with sixteen (16) annual payments of
$5,618.47', followed by a final balloon payment of $73,791.75.
Roanoke At Home Limited Partnership (the LP) was formed to rehabilitate the five
structures, including obtaining federal low-income housing tax credits to assist
with development financing. TAP Housing Corporation, which became Blue Ridge
Housing Development Corporation (BRH), was the general partner. The LP assumed
the obligations of the Notes and Deeds of Trust securing the loan, while TAP has
remained liable on the notes, and has been making the annual payments.
In December 2008, the City billed the LP for the final balloon payment. On
February 6, 2009, BRH requested an extension of the balloon payment. BRH
explained that it lacked sufficient funds at that time for the entire balloon payment
and offered to make a 17th payment at the annual rate of $ 5,618.47, with the
$68,173.31 balance to be paid in January 2010, when it reached the end of the 15-
year tax credit compliance period and intended to sell the properties. At its
meeting on May 18, 2009, City Council approved modifying the loan agreement to
provide the requested extension.
Honorable Mayor and Members of City CounGil
JUl1e 21, 2010
Page 2
On December 31, 2009, the City billed for the balloon payment. On January 28,
2010, BRH responded that its board was meeting on February 11 th to discuss the
matter and asked that it be allowed to hold that meeting and to respond further or
remit payment on February 15th. On February 26, 2010, BRH requested forgiveness
of the loan, including a request that TAP be released as loan guarantor, indicating
that BRH would continue operating the units as affordable housing for the very low
income population for the next 15 years. BRH explained that its review of the tax
credit partnership agreements had disclosed this additional 15-year period
following the 15-year compliance period, during which the properties were
required to continue' providing housing for persons at or below 50% of medium
income. BRH indicated that this restriction precluded its ability to sell the
properties as had been intended.
Considerations:
The Administration declined the BRH request for forgiveness of the loan and asked
that BRH and TAP present other options. On April 6th, City staff met with BRH and
TAP to discuss the additional options. Based on these discussions, the City, BRH
and TAP achieved a mutually agreeable tentative resolution, subject to Council
. approval, to reschedule the remaining debt of the. five property notes, totaling
$68,173.31, to be amortized over fifteen (15) years beginning December 15, 2010.
Interest at the rate of one percent (1 %) per annum will apply to the unpaid
principle.
,
Recommended Action:
Authorize the execution of necessary and appropriate documents, including, but
not limited to, a Second Modification Agreement between the City, TAP and the LP,
and associated Second Amended Notes and amortization schedules, such Second
Amended Notes to be secured by recorded Deeds of Trust, similar in form and
content to the attached documents, in order to reschedule the funds due. All of
the documents to be executed by the parties shall be approved as to form by the
City Attorney.
C ristopher P. Morrill
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
CM1 0-001 06
SECOND MODIFICATION AGREEMENT
THIS SECOND MODIFICATION AGREEMENT, made this 22nd day of June, 2010,
by and between TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY,
("TAP"), and ROANOKE AT HOME LIMITED PARTNERSHIP ("Partnership"),
hereinafter referred to as "Grantors," the CITY OF ROANOKE ("City"), and David L.
Collins and William M. Hackworth, Trustees.
WIT N E SSE T H:
WHEREAS, by Agreement dated November 13, 1991, and executed by Total Action
Against Poverty in Roanoke Valley ("TAP") and the City of Roanoke, Virginia ("City"), the
City agreed to loan $145,000.00 of Community Development Block Grant funds to TAP for
the purchase of the following five (5) properties in the amounts stated in parentheses:
1301 Rorer Avenue, S.W.
1321 Rorer Avenue, S.W.
1415 Chapman Avenue, S.W.
1529 Patterson Avenue, S.W.
609 Twelfth Street, N.W.
($23,085.00);
($13,850.00);
($15,705.00);
($50,800.00);
($41,560.00);
WHEREAS, by a deed dated November 15, 1991, TAP became the owner of the
property located at 609 Twelfth Street, N.W.;
WHEREAS, by a Note dated November 15, 1991, from TAP to the City for the funds
to purchase the property located at 609 Twelfth Street, N.W. ("Note"), TAP agreed to pay the
City $41,560.00, plus interest, over the course of fifteen (15) years, such debt being payable
in full no later than November 15,2006;
WHEREAS, the Note was secured by a Purchase Money Deed of Trust dated
November 15, 1991, and recorded February 19, 1992, in Roanoke City Deed Book 1653, at
page 326 ("Purchase Money Deed of Trust");
WHEREAS, by four (4) deeds dated December 13, 1991, TAP became the owner of
the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W., 1415
Chapman Avenue, S.W., and 1529 Patterson Avenue, S.W.;
WHEREAS, by four (4) Corrected Notes dated December 13, 1991, from TAP to the
City for the funds to purchase the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer
Avenue, S.W., 1415 Chapman Avenue, S.W., and 1529 Patterson Avenue, S.W. ("Corrected
Notes"), TAP agreed to pay the City $23,085.00, $13,850.00, $15,705.00 and $50,800.00,
plus interest, for each of the properties, respectively, such Corrected Notes being due and
payable on December 13, 2006;
WHEREAS, the Corrected Notes were secured by four (4) Corrected Purchase Money
Deeds of Trust dated December 13, 1991, and recorded July 1, 1992, in Roanoke City Deed
Book 1662, at pages 902,906,910, and 914 ("Corrected Purchase Money Deeds of Trust");
SRO Second Modification Agreement.doc
1
WHEREAS, by Agreement dated December 22, 1992 ("Assignment Agreement"),
and signed by TAP, the City, and Roanoke At Home Limited Partnership ("Partnership"), the
City permitted TAP to transfer the five (5) subject properties to the Partnership in exchange
for the Partnership's agreement to assume the obligations ofthe Note, the Corrected Notes, the
Purchase Money Deed of Trust and the Corrected Purchase Money Deeds of Trust, and upon
several conditions, including the condition that TAP remain liable on the Note, the Corrected
Notes, and Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust;
WHEREAS, by five additional notes (erroneously dated December 13, 1991, but
intended by the parties to be dated December 15, 1992) from the Partnership to the City for the
funds to purchase the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W.,
1415 Chapman Avenue, S.W., 1529 Patterson Avenue, S.W. and 609 Twelfth Street, N.W.
("Partnership Notes"), the Partnership agreed to pay the City $23,085.00, $13,850.00,
$15,705.00, $50,800.00, and $41,560.00, plus interest, for each of the properties, respectively,
such Partnership Notes further extending the maturity dates of the Note and Corrected Notes to
be due and payable on December 13, 2008;
WHEREAS, there were no Deeds of Trust executed between the parties to secure the
Partnership Notes;
WHEREAS, by five (5) deeds dated December 28,1992, TAP transferred ownership of
the five (5) subject properties to the Partnership;
WHEREAS, by Amendment No. 1 dated October 5, 1993, to the Assignment
Agreement, the City, TAP and the Partnership amended Paragraph Nos. 2(c) and 3 of the
Assignment Agreement to provide that the Note, the Corrected Notes, the Purchase Money
Deed of Trust, and the Corrected Purchase Money Deeds of Trust, would be no less than the
second position in priority to a deed of trust executed in favor of Nations bank in the amount of
$867,000.00 during the period of rehabilitation of the structures on the subject parcels, and no
less than the third position in priority to a deed of trust executed in favor ofthe Commonwealth
of Virginia for permanent financing for up to $350,000.00, and a deed of trust executed in
favor of TAP for up to $48,000.00 relating to an Energy Grant from the Commonwealth of
Virginia, as more particularly set forth in Amendment No.1;
WHEREAS, by a Modification Agreement dated April 1, 2009, between the City, TAP
and the Partnership, the parties agreed to extend the maturity dates of the above referenced
Note and Corrected Notes from December 13, 2008, until January 28, 2010, on which date,
TAP and the Partnership would pay to the City all the remaining principal amounts
outstanding;
WHEREAS, pursuant to the Modification Agreement dated April 1, 2009, by five (5)
Amended Notes dated April 1,2009, for the properties located at 1301 Rorer Avenue, S.W.,
1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., 1529 Patterson Avenue, S.W., and
609 Twelfth Street, N.W. (collectively, "Amended Notes"), TAP and the Partnership agreed
to pay the City $10,853.63, $6,511.76, $7,383.86, $23,884.20, and $19,539.86 and,
respectively in full by January 28, 2010, such Amended Notes considered by the parties to
the Modification Agreement to be secured by the Purchase Money Deed of Trust and the
Corrected Purchase Money Deeds of Trust;
SRO Second Modification Agreement.doc
2
WHEREAS, TAP and the Partnership subsequently requested that in lieu of paying the
full balloon amount due the City by TAP and the Partnership by January 28,2010, per the terms
of the Amended Notes and Modification Agreement, the debts secured by the Purchase Money
Deed of Trust and the four (4) Corrected Purchase Money Deeds of Trust be further amortized
and extended over an additional fifteen (15) years at the interest rate of one percent (1.0%) per
annum, beginning December 15, 2010, on the amount of the unpaid principal, such debt due and
payable to the City by TAP and the Partnership, jointly and severally;
WHEREAS, TAP and the Partnership have further requested that they not be required to
make any payments on the outstanding amount owed the City during the time between January
28,2010, and December 15, 2010, and that the first payment from TAP and the Partnership be
due to the City on December 15, 2010;
WHEREAS, the City has agreed to grant the request of TAP and the Partnership, and the
parties have entered into this Second Modification Agreement dated June 22, 2010, to
memorialize such agreement;
WHEREAS, pursuant to this Second Modification Agreement, and by five (5) Second
Amended Notes dated June 22, 2010, for the properties located at 1301 Rorer Avenue, S.W.,
1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., 1529 Patterson Avenue, S.W., and 609
Twelfth Street, N.W. (collectively, "Second Amended Notes"), TAP and the Partnership agree to
pay the City $10,853.63, $6,511.76, $7,383.86, $23,884.20 and $19,539.86, respectively;
WHEREAS, the Second Amended Notes provide that annual principal and interest
payments will be due and payable commencing on December 15, 2010, and on each 15th day of
December each year until December 15, 2024, when the entire aggregate principal and interest
shall be paid in full, as more particularly set forth in the Amortization Schedules attached as
Exhibit A to each of five (5) Second Amended Notes; and
WHEREAS, TAP and the Partnership desire that the Partnership grant the City a Second
Purchase Money Deed of Trust and four (4) Second Corrected Purchase Money Deeds of Trust
on the properties described above, to secure the Second Amended Notes.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants
herein contained and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree as follows:
1. The maturity date of such indebtedness shall be and is hereby extended to
December 15, 2024. TAP and the Partnership are jointly and severally responsible for the
repayment ofthe amounts loaned.
2. TAP and the Partnership will pay to the City the stated amount for each of the
properties as indicated below amortized over fifteen (15) years at the interest rate of one
percent (1.0%) per annum beginning December 15, 2010, on the amount of the unpaid
principal:
1301 Rorer Avenue, S.W.
$10,853.63
SRO Second Modification Agreement.doc
3
1321 Rorer Avenue, S.W.
1415 Chapman Avenue, S.W.
1529 Patterson Avenue, S.W.
609 Twe~fth Street, N.W.
$6,511. 76
$7,383.86
$23,884.20
$19,539.86
Annual principal and interest payments will be due and payable commencing on December 15,
2010, and on each 15th day of December until December 15, 2024, when the entire aggregate
principal and interest shall be paid in full, as more particularly set forth in the Amortization
Schedules attached as Exhibit A to each of five (5) Second Amended Notes.
3. The Purchase Money Deed of Trust, the Corrected Purchase Money Deeds of
Trust, and the Modification Agreement are hereby modified to reflect the extension of the
maturity date of the Note, the Corrected Notes, the Amended Notes, and the Modification
Agreement, as set forth in the Second Amended Notes, are hereby modified to reflect the
change in amount of the payment and terms of payment. By way of confirmation of the
foregoing, the Partnership hereby regrants and reconveys to the City the real estate, fixtures,
personal property, and other collateral described in the Purchase Money Deed of Trust and
Corrected Purchase Money Deeds of Trust, IN TRUST to secure the Note, Corrected Notes,
and Amended Notes, as extended and amended in the Modification Agreement and this Second
Modification Agreement and the other indebtedness and obligations heretofore secured by the
Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust.
4. To the extent that any other documents executed by TAP or the Partnership in
connection with the loans secured by the Purchase Money Deed of Trust and the Corrected
Purchase Money Deeds of Trust in accordance with the terms of the Modification Agreement
require repayment terms other than those in this Second Modification Agreement, such
documents are hereby modified to be consistent with the terms set forth above.
5. All of the other provisions of the Note, the Corrected Notes, and the Amended
Notes, the Purchase Money Deed of Trust, the Corrected Purchase Money Deeds of Trust, and
the other documents executed by TAP and the Partnership in connection with the aforesaid
loans, including the Modification Agreement, shall remain unchanged, and such documents as
modified by. this Second Modification Agreement, are hereby ratified and reaffirmed as of the
date hereof and shall remain in full force and effect.
6. TAP and the Partnership hereby waive any and all setoffs, claims and defenses
of any kind or nature that they may have against the City with respect to TAP's and the
Partnership's obligation to repay the loans in accordance with the Note, Corrected Notes and
Amended Notes as modified hereby, or the Second Amended Notes, including presentment of
the original Note, Corrected Notes, Amended Notes, or the Second Amended Notes, or with
respect to TAP's and the Partnership's other obligations under the Note, Corrected Notes,
Amended Notes, Second Amended Notes, Purchase Money Deed of Trust, Corrected Purchase
Money Deeds of Trust, Second Purchase Money Deed of Trust, and Second Corrected
Purchase Money Deeds of Trust.
7. The Trustees join in this Second Modification Agreement for the sole purpose of
acknowledging and agreeing to the foregoing modification of the Note, Corrected Notes,
Amended Notes, Purchase Money Deed of Trust, Corrected Purchase Money Deeds of Trust,
and the Modification Agreement. The City certifies that it is the sole holder of the Notes,
SRO Second Modification Agreement.doc
4
Corrected Notes, Amended Notes and the Second Amended Notes, and authorizes and directs
the Trustees to execute this Second Modification Agreement.
8. The parties to this Second Modification Agreement acknowledge that any
reference to "Total Action Against Poverty in Roanoke Valley, Inc.," and "Total Action
Against Poverty in the Roanoke Valley, Inc.," in any document identified in this Second
Modification Agreement is a reference to "Total Action Against Poverty in Roanoke Valley,"
such entity first incorporated on April 28, 1965, as a non-profit corporation.
WITNESS the following signatures and seals:
ATTEST:
TOT AL ACTION AGAINST POVERTY
IN ROANOKE V ALLEY
Secretary
By
Theodore J. Edlich, Executive Director
ATTEST:
ROANOKE AT HOME LIMITED
PARTNERSHIP, by Blue Ridge Housing
Development Corporation, General Partner
Secretary
By
Alvin L. Nash, Executive Director
Attest
CITY OF ROANOKE
Stephanie M. Moon, City Clerk
By
Christopher P. Morrill, City Manager
(SEAL)
David L. Collins, Trustee
(SEAL)
William M. Hackworth, Trustee
COMMONWEALTH OF VIRGINIA
s
SRO Second Modification Agreement.doc
5
CITY OF ROANOKE
s To-Wit:
S
The foregoing instrument was acknowledged before me this day of day of
, 2010, by Theodore 1. Edlich, the Executive Director of Total Action
Against Poverty in Roanoke Valley, for and on behalf of said corporation.
My Commission expires:
Notary Public
Registration No.
COMMONWEALTH OF VIRGINIA
s
S To-Wit:
S
CITY OF ROANOKE
The foregoing il1strument was acknowledged before me this day of day of
,2010, by Alvin L. Nash, the Executive Director of Blue Ridge Housing
Development Corporation the Corporate General Partner of Roanoke at Home Limited
Partnership, for and on behalf of said corporation.
My Commission expires:
Notary Public
Registration No.
COMMONWEALTH OF VIRGINIA
s
s To-Wit:
S
CITY OF ROANOKE .
The foregoing instrument was acknowledged before me this day of day of
, 2010, by Christopher P. Morrill, City Manager, for and on behalf of
the City of Roanoke, Virginia.
My Commission expires:
Notary Public
Registration No.
COMMONWEALTH OF VIRGINIA
s
SRO Second Modification Agreement.doc
6
CITY OF ROANOKE
s To-Wit:
S
The foregoing instrument was acknowledged before me this day of
,2010, by David L. Collins, Trustee.
day of
My Commission expires:
Notary Public
Registration No.
COMMONWEAL TH OF VIRGINIA
s
S To-Wit:
S
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of
, 2010, by William M. Hackworth, Trustee.
day of
My Commission expires:
Notary Public
Registration No.
SRO Second Modification Agreement.doc
7
SECOND AMENDED NOTE
ROANOKE AT HOME LIMITED PARTNERSHIP AND
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY
a Virginia non-profit corporation
Property Address: 1301 Rorer Avenue, S.W.
Amount:
$10,853.63
Date: June 22, 2010
For valuable consideration, the sufficiency, and receipt of which is acknowledged, Roanoke At Home
Limited Partnership, a Virginia limited partnership ("Partnership"), and Total Action Against Poverty in
Roanoke Valley, a Virginia non-profit corporation ("TAP"), jointly and severally promise to pay to the City of
Roanoke, a Virginia municipal corporation ("City"), the principal sum of TEN THOUSAND EIGHT HUNDRED
FIFTY-THREE DOLLARS AND SIXTY-THREE CENTS ($10,853.63). The total stated amount shall be
amortized over fifteen (15) years at the interest rate of one percent (1.0%) per annum beginning December 15,2010,
on the amount of the unpaid principal. Annual principal and interest payments in the amount of SEVEN
HUNDRED EIGHTY-TWO DOLLARS AND EIGHTY-ONE CENTS ($782.81) will be due and payable
commencing on December 15, 2010, and on each 15th day of December until December 15, 2024, when the entire
aggregate principal and interest shall be paid in full, all as more particularly set forth on the attached Amortization
Schedule noted as Exhibit A for reference, and which is made a part hereof.
Each payment shall be applied first to interest then accrued, and the balance shall be credited to principal.
Payment shall be made in legal tender at the. offices of the City Treasurer, Room 254, Municipal Building,
215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the
City as the holder shall have designated in writing to the Partnership and TAP.
This Second Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between
the City and TAP, the Agreement dated December 22, 1992, Amendment No.1 dated October 5, 1993, to the
Agreement dated December 22, 1992, the Modification Agreement dated April 1, 2009, and the Second
Modification Agreement dated June 22, 2010 (collectively the "Agreements"), by and between the City, the
Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as
if set forth herein.
ATTEST:
ROANOKE AT HOME LIMITED PARTNERSHIP, by
Blue Ridge Housing Development Corporation, General
Partner
Secretary
By
Alvin L. Nash, Executive Director
ATTEST:
TOTAL ACTION AGAINST POVERTY
IN ROANOKE VALLEY
Secretary
By
Theodore J. Edlich, Executive Director
Second Amended Note - 130 I Rorer Avenue, SW
EXHIBIT A
1301 Rorer Avenue, SW
Principal
Payment Pd Rate Interest Balance
$10,853.63
12/15/2010 $782.81 $674.27 1% $108.54 $10,179.36
12/15/2011 $782.81 $681.02 1% $101.79 $9,498.34
12/15/2012 $782.81 $687.83 1% $94.98 $8,810.51
12/15/2013 $782.81 $694.70 1% $88.11 $8,115.81
12/15/2014 $782.81 $701.65 1% $81 . 16 $7,414.16
12/15/2015 $782.81 $708.67 1% $74.14 $6,705.49
12/15/2016 $782.81 $715.76 1% $67.05 $5,989.73
12/15/2017 $782.81 $722.91 1% $59.90 $5,266.82
12/15/2018 $782.81 $730.14 1% $52.67 $4,536.68
12/15/2019 $782.81 $737.44 1% $45.37 $3,799.24
12/15/2020 $782.81 $744.82 1% $37.99 $3,054.42
12/15/2021 $782.81 $752.27 1% $30.54 $2,302.15
12/15/2022 $782.81 $759.79 1% $23.02 $1,542.36
12/15/2023 $782.81 $767.39 1% $15.42 $774.98
12/15/2024 $782.73 $774.98 1% $7.75 $0.00
Totals $11 ;742.07 $10,853.63 $888.44
Second Amended Note - 1301 Rorer Avenue, SW
SECOND AMENDED NOTE
ROANOKE AT HOME LIMITED PARTNERSHIP AND
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY
a Virginia non-profit corporation
Property Address: 1321 Rorer Avenue, S.W.
Amount:
$6,511.76
Date: June 22,2010
For valuable consideration, the sufficiency, and receipt of which is acknowledged, Roanoke At Home
Limited Partnership, a Virginia limited partnership ("Partnership"), and Total Action Against Poverty in
Roanoke Valley, a Virginia non-profit corporation ("TAP"), jointly and severally promise to pay to the City of
Roanoke, a Virginia municipal corporation ("City"), the principal sum of SIX THOUSAND FIVE HUNDRED
ELEVEN DOLLARS AND SEVENTY-SIX CENTS ($6,511.76). The total stated amount shall be amortized over
fifteen (15) years at the interest rate of one percent (1.0%) per annum beginning December 15, 2010, on the amount
of the unpaid principal. Annual principal and interest payments in the amount of FOUR HUNDRED SIXTY-NINE
DOLLARS AND SIXTY-SIX CENTS ($469.66)'will be due and payable commencing on December 15, 2010, and
on each 15th day of December until December 15, 2024, when the entire aggregate principal and interest shall be
paid in full, all as more particularly set forth on the attached Amortization Schedule noted as Exhibit A for
reference, and which is made a part hereof.
Each payment shall be applied first to interest then accrued, and the balance shall be credited to principal.
Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building,
215 Church A venue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the
City as the holder shall have designated in writing to the Partnership and TAP.
This Second Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between
the City and TAP, the Agreement dated December 22, 1992, Amendment No.1 dated October 5, 1993, to the
Agreement dated December 22, 1992, the Modification Agreement dated April 1, 2009, and the Second
Modification Agreement dated June 22, 2010 (collectively the "Agreements"), by and between the City, the
Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as
if set forth herein. .
ATTEST:
ROANOKE AT HOME LIMITED PARTNERSHIP, by
Blue Ridge Housing Development Corporation, General
Partner
Secretary
By
Alvin L. Nash, Executive Director.
ATTEST:
TOTAL ACTION AGAINST POVERTY
IN ROANOKE VALLEY
Secretary
By
Theodore J. Edlich, Executive Director
Second Amended Note - 1321 Rorer Avenue, SW
EXHIBIT A
1321 Rorer Avenue, SW
Principal
Payment Pd Rate Interest Balance
$6,511.76
12/15/2010 $469.66 $404.54 1% $65.12 $6,107.22
12/15/2011 $469.66 $408.59 1% $61.07 $5,698.63
12/15/2012 $469.66 $412.67 1% $56.99 $5,285.96
12/15/2013 $469.66 $416.80 1% $52.86 $4,869.16
12/15/2014 $469.66 $420.97 1% $48.69 $4,448.19
12/15/2015 $469.66 $425.18 1% $44.48 $4,023.01
12/15/2016 $469.66 $429.43 1% $40.23 $3,593.58
12/15/2017 $469.66 $433.72 1% $35.94 $3,159.85
12/15/2018 $469.66 $438.06 1% $31.60 $2,721.79
12/15/2019 $469.66 $442.44 1% $27.22 $2,279.35
12/15/2020 $469.66 $446.87 1% $22.79 $1,832.48
12/15/2021 $469.66 $451.34 . 1% $18.32 $1,381.15
12/15/2022 $469.66 $455.85 1% $13.81 $925.30
12/15/2023 $469.66 $460.41 1% $9.25 $464.89
12/15/2024 $469.54 $464.89 1% $4.65 $0.00
Totals $7,044.78 $6,511.76 $533.02
Second Amended Note - 1321 Rorer Avenue, SW
SECOND AMENDED NOTE
ROANOKE AT HOME LIMITED PARTNERSHIP AND
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY
a Virginia non-profit corporation
Property Address: 1415 Chapman Avenue, S.W.
Amount:
$7,383.86
Date: June 22,2010
For valuable consideration, the sufficiency, and receipt of which is acknowledged, Roanoke At Home
Limited Partnership, a Virginia limited partnership ("Partnership"), and Total Action Against Poverty. in
Roanoke Valley, a Virginia non-profit corporation ("TAP"), jointly and severally promise to pay to the City of
Roanoke, a Virginia municipal corporation ("City"), the principal sum of SEVEN' THOUSAND THREE
HUNDRED EIGHTY-THREE DOLLARS AND EIGHTY-SIX CENTS ($7,383.86). The total stated amount shall
be amortized over fifteen (15) years at the interest rate of one percent (1.0%) per annum beginning December 15,
2010, on the amount of the unpaid principal. Annual principal and interest payments in the amount of FIVE
HUNDRED THIRTY-TWO DOLLARS AND FIFTY-SIX CENTS ($532.56) will be due and payable commencing
on December 15, 2010, and on each 15th day of December until December 15, 2024, when the entire aggregate
principal and interest shall be paid in full, all as more particularly set forth on the attached Amortization Schedule
noted as Exhibit A for reference, and which is made a part hereof.
. ~\
Each payment shall.be applied first to interest then accrued, and the balance shall be credited to principal.
Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building,
215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the
City as the holder shall have designated in writing to the Partnership and TAP.
This Second Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between
the City and TAP, the Agreement dated December 22, 1992, Amendment No.1 dated October 5, 1993, to the
Agreement dated December 22, 1992, the Modification Agreement dated April 1, 2009, and the Second
Modification Agreement dated June 22, 2010 (collectively the "Agreements"), by and between the City, the
Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as
if set forth herein~
ATTEST:
ROANOKE AT HOME LIMITED PARTNERSHIP, by
Blue Ridge Housing Development Corporation, General
Partner
Secretary
By
Alvin L. Nash, Executive Director
ATTEST:
TOTAL ACTION AGAINST POVERTY
IN ROANOKE V ALLEY
Secretary
By
Theodore J. Edlich, Executive Director
Second Amended Note- 1415 Chapman Avenue, SW
EXHIBIT A
1415 Chapman Avenue, SW
Principal
Payment Pd Rate Interest Balance
$7,383.86
12/15/2010 $532.56 $458.72 1% $73.84 $6,925.14
12/15/2011 $532.56 $463.31 1% $69.25 $6,461.83
12/15/2012 $532.56 $467.94 1% $64.62 $5,993.89
12/15/2013 $532.56 $472.62 1% $59:94 $5,521.27
12/15/2014 $532.56 $477.35 1% $55.21 $5,043.92
12/15/2015 $532.56 $482.12 1% $50.44 $4,561.80
12/15/2016 $532.56 $486.94 1% $45.62 $4,074.86
12/15/2017 $532.56 $491.81 1% $40.75 $3,583.05
12/15/2018 $532.56 $496.73 1% $35.83 $3,086.32
12/15/2019 $532.56 $501.70 1% $30.86 $2,584.62
12/15/2020 $532.56 $506.71 1% $25.85 $2,077.91
12/15/2021 $532.56 $511.78 1% $20.78 $1,566.12
12/15/2022 $532.56 $516.90 1% $15.66 $1,049.23
12/15/2023 $532.56 $522.07 1% $10.49 $527.16
12/15/2024 $532.43 $527.16 1% $5.27 $0.00
Totals $7,988.27 $7,383.86 $604.41
Second AmendedNote-1415 Chapman Avenue, SW
SECOND AMENDED NOTE
ROANOKE AT HOME LIMITED PARTNERSHIP AND
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY
a Virginia non-profit corporation
Property Address: 1529 Patterson Avenue, S.W.
Amount:
$23,884.20
Date: June 22, 2010
For valuable consideration, the sufficiency, and receipt of which is acknowledged, Roanoke At Home
Limited Partnership, a Virginia limited partnership ("Partnership"), and Total Action Against Poverty in
Roanoke Valley, a Virginia non-profit corporation ("TAP"), jointly and severally promise to pay to the City of
Roanoke, a Virginia municipal corporation ("City"), the principal sum of TWENTY-THREE THOUSAND EIGHT
HUNDRED EIGHTY-FOUR DOLLARS AND TWENTY CENTS ($23,884.20 The total stated amount shall be
amortized over fifteen (15) years at the interest rate of one percent (1.0%) per annum beginning December 15,2010,
on the amount of the unpaid principal. Annual principal and interest payments in the amount of ONE THOUSAND
SEVEN HUNDRED TWENTY-TWO DOLLARS AND EIGHTY-ONE CENTS ($1,722.81) will be due and
payable commencing on December 15, 2010, and on each 15th, day of December until December 15,2024, when the
entire aggregate principal and interest shall be paid in full, all as more particularly set forth on the attached
Amortization Schedule noted as Exhibit A for reference, and which is made a part hereof.
Each payment shall be applied first to interest then accrued, and the balance shall be credited to principal.
Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building,
215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the
City as the holder shall have designated in writing to the Partnership and TAP.
This Second Amended Note is issued pursuant to an Agreement elated November 13, 1991, by and between
the City and TAP, the Agreement dated December 22, 1992, Amendment No.1 dated October 5, 1993, to the
Agreement elated December 22, 1992, the Modification Agreement elated April 1, 2009, and. the Second
Modification Agreement elated June 22, 2010 (collectively the "Agreements"), by and between the City, the
Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as
if set forth herein.
ATTEST:
ROANOKE AT HOME LIMITED PARTNERSHIP, by
Blue Ridge Housing Development Corporation, General
Partner
Secretary
By
Alvin L. Nash, Executive Director
ATTEST:
TOTAL ACTION AGAINST POVERTY
IN ROANOKE VALLEY
Secretary
By
Theodore J. Edlich, Executive Director
Second Amended Note - 1529 Patterson Avenue, SW
EXHIBIT A
1529 Patterson Avenue, SW
Principal
Payment Pd Rate Interest Balance
$23,884.20
12/15/2010 $1,722.81 $1,483.97 1% . $238.84 $22,400.23
12/15/2011 $1,722.81 $1,498.81 1% $224.00 $20,901.42
12/15/2012 $1,722.81 $1,513.80 1% $209.01 $19,387.63
12/15/2013 $1,722.81 $1,528.93 1% $193.88 $17,858.69
12/15/2014 . $1,722.81 $1,544.22 1% $178.59 $16,314.47
12/15/2015 $1,722.81 $1,559.67 1% $163.14 $14,754.81
12/15/2016 $1,722.81 $1,575.26 1% $147.55 $13,179.54
12/15/2017 $1,722.81 $1,591.01 1% $131.80 $11,588.53
12/15/2018 $1,722.81 $1,606.92 1% $115.89 $9,981.61
12/15/2019 $1,722.81 $1,622.99 1% $99.82 $8,358.61
12/15/2020 $1,722.81 $1,639.22 1% $83.59 $6,719.39
12/15/2021 $1,722.81 $1,655.62 1% $67.19 $5,063.77
12/15/2022 $1,722.81 $1,672.17 1% $50.64 $3,391.60
12/15/2023 $1,722.81 $1,688.89 1% $33.92 $1,702.71
12/15/2024 $1,719.73 $1,702.70 1% $17.03 $0.00
Totals $25,839.07 $23,884.20 $1,954.87
Second Amended Note - 1529 Patterson Avenue, SW
SECOND AMENDED NOTE
ROANOKE AT HOME LIMITED PARTNERSHIP AND
TOTAL ACTION AGAINST POVERTY IN ROANOKE V ALLEY
a Virginia non-profit corporation
Property Address: 609 Twelfth Street, N.W.
Amount:
$19,539.86
Date: June 22,2010
For valuable consideration, the sufficiency, and receipt of which is acknowledged, Roanoke At Home
Limited Partnership, a Virginia limited partnership ("Partnership"), and Total Action Against Poverty in
Roanoke Valley, a Virginia non-profit corporation ("TAP"), jointly and severally promise to pay to the City of
Roanoke, a Virginia municipal corporation ("City"), the principal sum of NINETEEN THOUSAND FIVE
HUNDRED THIRTY-NINE DOLLARS AND EIGHTY-SIX CENTS ($19,539.86). The total stated amount shall
be amortized over fifteen (15) years at the interest rate of one percent (1.0%) per annum beginning December 15,
2010, on the amount of the unpaid principal. Annual principal and interest payments in the amount of ONE
THOUSAND FOUR HUNDRED NINE DOLLARS AND TWENTY-NINE CENTS ($1,409.29) will be due and
payable commencing on December 15, 2010, and on each 15th day of December until December 15,2024, when the
entire aggregate principal and interest shall be paid in full, all as more particularly set forth on the attached
Amortization Schedule noted as Exhibit A for reference, and which is made a part hereof.
Each payment shall be applied first to interest then accrued, and the balance shall be credited to principal.
Payment shall be made in legal tender at the offices of the City Treasurer, Room 254, Municipal Building,
215 Church Avenue, Roanoke, Virginia, or at the option of the holder, in such manner and at such other place in the
City as the holder shall have designated in writing to the Partnership and TAP.
This Second Amended Note is issued pursuant to an Agreement dated November 13, 1991, by and between
the City and TAP, the Agreement dated December 22, 1992, Amendment No.1 dated October 5, 1993, to the
Agreement dated December 22, 1992, the Modification Agreement dated April 1, 2009, and the Second
Modification Agreement dated June 22, 2010 (collectively the "Agreements"), by and between the City, the
Partnership, and TAP, and the terms of the loan granted pursuant to the Agreements are incorporated by reference as
if set forth herein.
ATTEST:
ROANOKE AT HOME LIMITED PARTNERSHIP, by
Blue Ridge Housing Development Corporation, General
Partner
Secretary
By
Alvin L. Nash, Executive Director
ATTEST:
TOTAL ACTION AGAINST POVERTY
IN ROANOKE VALLEY
Secretary
By
Theodore J. Edlich, Executive Director
Second Amended Note - 609 Twelfth Street, NW
EXHIBIT A
609 12th Street, SW
Principal
Payment Pd Rate Interest Balance
$19,539.86
12/15/2010 $1,409.29 $1,213.89 1% $195.40 $18,325.97
12/15/2011 $1,409.29 $1,226.03 1% $183.26 $17,099.94
12/15/2012 $1,409.29 $1,238.29 1% $171.00 $15,861.65
12/15/2013 $1,409.29 $1,250.67 1% $158.62 $14,610.97
12/15/2014 $1,409.29 $1,263.18 1% $146.11 $13,347.79
12/15/2015 $1,409.29 $1,275.81 1% $133.48 $12,071.98
12/15/2016 $1,409.29 $1,288.57 1% $120.72 $10,783.41
12/15/2017 $1,409.29 $1,301.46 1% $107.83 $9,481.96
12/15/2018 $1,409.29 $1,314.47 1% $94.82 $8,167.49
12/15/2019 $1,409.29 $1,327.62 1% $81.67 $6,839.87
12/15/2020 $1,409.29 $1,340.89 1% $68.40 $5,498.98
12/15/2021 $1,409.29 $1,354.30 1% $54.99 $4,144.68
12/15/2022 $1,409.29 $1,367.84 1% $41 .45 $2,776.84
12/15/2023 $1,409.29 $1,381.52 1% $27.77 $1,395.31
I
12/15/2024 $1,409.27 $1,395.32 1% $13.95 $0.00
Totals $21,139.33 $19,539.86 $1,599.47
Second Amended Note - 609 Twelfth Street, NW
Prepared by the Office of the City Attorney
Official Tax Map No. 2222907
Property Owner: Roanoke At Home Limited Partnership
THIS SECOND PURCHASE MONEY DEED OF TRUST made this day of
,2010, by and between ROANOKE AT HOME LIMITED PARTNERSHIP
("Partnership"), a Virginia limited partnership, hereinafter collectively called "Grantors" and
Richard R. Sayers and Richard E. B. Foster, both of Roanoke, Virginia, Trustees, hereinafter
called "Trustees",
WITNESSETH:
WHEREAS, by Agreement dated November 13, 1991, and executed by Total Action
Against Poverty in Roanoke Valley ("TAP") and the City of Roanoke, Virginia ("City"), the
City agreed to loan $145,000.00 of Community Development Block Grant funds to TAP for
the purchase of the following five (5) properties in the amounts stated in parentheses:
1301 Rorer Avenue, S.W.
1321 Rorer Avenue, S.W.
1415 Chapman Avenue, S.W.
1529 Patterson Avenue, S.W.
609 Twelfth Street, N.W.
($23,085.00);
($13,850~00);
($15,705.00);
($50,800.00);
($41,560.00);
WHEREAS, by a deed dated November 15, 1991, TAP became the owner of the
property located at 609 Twelfth Street, N.W.;
WHEREAS, by a Note dated November 15, 1991, from TAP to the City for the funds
to purchase the property located at 609 Twelfth Street, N. W. ("Note"), TAP agreed to pay the
City $41,560.00, plus interest, over the course of fifteen (15) years, such debt being payable
in full no later than November 15, 2006;
WHEREAS, the Note was secured by a Purchase Money Deed of Trust dated
November 15, 1991, and recorded February 19, 1992, in Roanoke City Deed Book 1653, at
page 326 ("Purchase Money Deed of Trust");
WHEREAS, by four (4) deeds dated December 13, 1991, TAP became the owner of
the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W., 1415
Chapman Avenue, S.W., and 1529 Patterson Avenue, S.W.;
WHEREAS, by four (4) Corrected Notes dated December 13, 1991, from TAP to the
City for the funds to purchase the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer
Avenue, S.W., 1415 Chapman Avenue, S.W., and 1529 Patterson Avenue, S.W. ("Corrected
Notes"), TAP agreed to pay the City $23,085.00, $13,850.00, $15,705.00 and $50,800.00,
plus interest, for each of the properties, respectively, such Corrected Notes being due and
payable on December 13,2006;
1
WHEREAS, the Corrected Notes were secured by four (4) Corrected Purchase Money
Deeds of Trust dated December 13, 1991, and recorded July 1, 1992, in Roanoke City Deed
Book 1662, at pages 902,906,910, and 914 ("Corrected Purchase Money Deeds of Trust");
WHEREAS, by Agreement dated December 22, 1992 ("Assignment Agreement"),
and signed by TAP, the City, and Roanoke At Home Limited Partnership ("Partnership"), the
City permitted TAP to transfer the five (5) subject properties to the Partnership in exchange
for the Partnership's agreement to assume the obligations ofthe Note, the Corrected Notes, the
Purchase Money Deed of Trust and the Corrected Purchase Money Deeds of Trust, and upon
several conditions, including the condition that TAP remain liable on the Note, the Corrected
Notes, and Purchase Money Deed of Trust and Corrected Purchase Money Deeds of Trust;
WHEREAS, by five additional notes (erroneously dated December 13, 1991, but
intended by the parties to be dated December 15, 1992) from the Partnership to the City for the
funds to purchase the properties located at 1301 Rorer Avenue, S.W., 1321 Rorer Avenue, S.W.,
1415 Chapman Avenue, S.W., 1529 Patterson Avenue, S.W. and 609 Twelfth Street, N.W.
("Partnership Notes"), the Partnership agreed to pay the City $23,085.00, $13,850.00,
$15,705.00, $50,800.00, and $41,560.00, plus interest, for each of the properties, respectively,
such Partnership Notes further extending the maturity dates of the Note and Corrected Notes to
be due and payable on December 13, 2008;
WHEREAS, there were no Deeds of Trust executed between the parties to secure the
Partnership Notes;
WHEREAS, by five (5) deeds dated December 28,1992, TAP transferred ownership of
the five (5) subject properties to the Partnership;
WHEREAS, by Amendment No. 1 dated October 5, 1993, to the Assignment
Agreement, the City, TAP and the Partnership amended Paragraph Nos. 2(c) and 3 of the
Assignment Agreement to provide that the Note, the Corrected Notes, the Purchase Money
Deed of Trust, and the Corrected Purchase Money Deeds of Trust, would be no less than the
second position in priority to a deed of trust executed in favor of Nations bank in the amount of
$867,000.00 during the period of rehabilitation of the structures on the subject parcels, and no
less than the third position in priority to a deed of trust executed in favor ofthe Commonwealth
of Virginia for permanent financing for up to $350,000.00, and a deed of trust executed in
favor of TAP for up to $48,000.00 relating to an Energy Grant from the Commonwealth of
Virginia, as more particularly set forth in Amendment No.1;
WHEREAS, by a Modification Agreement dated April 1, 2009, between the City, TAP
and the Partnership, the parties agreed to extend the maturity dates of the above referenced
Note and Corrected Notes from December 13, 2008, until January 28,2010, on which date,
TAP and the Partnership would pay to the City all the remaining principal amounts
outstanding;
WHEREAS, pursuant to the Modification Agreement dated April 1, 2009, by five (5)
Amended Notes dated April 1, 2009, for the properties located at 1301 Rorer Avenue, S.W.,
1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., 1529 Patterson Avenue, S.W., and
609 Twelfth Street, N.W. (collectively, "Amended Notes"), TAP and the Partnership agreed
to pay the City $10,853.63, $6,511.76, $7,383.86, $23,884.20, and $19,539.86 and,
2
respectively in full by January 28, 2010, such Amended Notes considered by the parties to
the Modification Agreement to be secured by the Purchase Money Deed of Trust and the
Corrected Purchase Money Deeds of Trust;
WHEREAS, TAP and the Partnership subsequently requested that in lieu of paying the
full balloon amount due the City by TAP and the Partnership by January 28, 2010, per the terms
of the Amended Notes and Modification Agreement, the debts secured by the Purchase Money
Deed of Trust and the four (4) Corrected Purchase Money Deeds of Trust be further amortized
and extended over an additional fifteen (15) years at the interest rate of one percent (1.0%) per
annum, beginning December 15, 2010, on the amount of the unpaid principal, such debt due and
payable to the City by TAP and the Partnership, jointly and severally;
WHEREAS, TAP and the Partnership have further requested that they not be required to
make any payments on the outstanding amount owed the City during the time between January
28, 2010, and December 15, 2010, and that the first payment from TAP and the Partnership be
due to the City on December 15, 2010;
WHEREAS, the City has agreed to grant the request ofT AP and the Partnership, and the
parties have entered into a Second Modification Agreement dated June 22, 2010, to memorialize
such agreement;
WHEREAS, pursuant to the Second Modification Agreement, and by five (5) Second
Amended Notes dated June 22, 2010, for the properties located at 1301 Rorer Avenue, S.W.,
1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., 1529 Patterson Avenue, S.W., and 609
Twelfth Street, N.W. (collectively, "Second Amended Notes"), TAP and the Partnership agree to
pay the City $10,853.63, $6,511.76, $7,383.86, $23,884.20 and $19,539.86, respectively;
WHEREAS, the Second Amended Notes provide that annual principal and interest
payments will be due and payable commencing on December 15, 2010, and on each 15th day of
December each year until December 15, 2024, when the entire aggregate principal and iI?-terest
shall be paid in full, as more particularly set forth in the Amortization Schedules attached as
Exhibit A to each of five (5) Second Amended Notes; and
WHEREAS, TAP and the Partnership desire that the Partnership grant the City a Second
Purchase Money Deed of Trust and four (4) Second Corrected Purchase Money Deeds of Trust
on the properties described above, to secure the Second Amended Notes.
NOW THEREFORE, AND IN CONSIDERATION of the above recitals and promises
and covenants contained herein, Grantors hereby grant and convey unto the Trustees, with
covenants of General Warranty of Title and English Covenants of Title, the following
described real estate, with all appurtenances thereunto belonging, lying and being in the City
of Roanoke, State of Virginia, and more particularly described as follows:
BEING Lots 8 and 9, Block 6, Melrose Land Company, said property being
situated on the northeast corner of Moorman Avenue, N.W. and 12th Street,
N.W., fronting 100 feet on Moorman Avenue and 150 feet on 12th Street; and
BEING the same property conveyed to Roanoke At Horne Limited.
Partnership, by deed from Total Action Against Poverty in the Roanoke
3
Valley, Inc., by deed dated December 29, 1992, and recorded in the Clerk's
Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book
1673, page 1641, such property originally conveyed to Total Action Against
Poverty In The Roanoke Valley, Inc., a Virginia non-profit corporation, by
deed from Walter L. Wheaton and Audrey M. Wheaton, husband and wife,
dated November 15, 1991, recorded in the Clerk's Office of the Circuit Court
of the City of Roanoke, Virginia in Deed Book 1648, page 1039.
TOGETHER WITH all the improvements now or hereafter erected on the property,
and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and
profits, water rights and stock and all fixtures now or hereafter a part of the property. All
replacements and additions shall also be covered by this Deed of Trust. All of the foregoing
is referred to in this Deed of Trust as the "Property".
IN TRUST TO.SECURE to the Noteholder, as in this paragraph defined, the payment
of an indebtedness evidenced by one certain negotiable promissory note titled Second
Amended Note of even date herewith ("Note") made by TAP and the Partnership payableto
the order of the City of Roanoke, Virginia, in the original principal amount of Nineteen
Thousand Five Hundred Thirty Nine and 86/100 Dollars ($19,539.86), with interest thereon
as in the Note provided and with the balance of the indebtedness, if not sooner paid, due and
payable on December 15, 2024. The term "Noteholder" shall mean the payee of the
indebtedness hereby secured 9r the transferee or assignee thereof or any other person entitled
to receive payment of the Note, as the case may be, whether by operation of law or
otherwise.
And further to secure the payment of the Note and to assume the observance and
performance of all other covenants, conditions and obligations hereof, the Grantors hereby
assign and transfer to the Trustees all rents from time to time due and payable under leases
nor or hereafter existing with respect to the Property or any part thereof, including any
guarantees of such leases, and Grantors will upon request execute and cause to' be recorded
supplemental assignments of any specific leases on the Property. Notwithstanding the
foregoing, Grantors shall have the right to collect and receive all such rents for so long as
Grantors are not in default under the terms of the Note or this Deed of Trust. In the event of
default hereunder the Trustees are fully authorized and empowered in the discretion of the
Noteholder to apply for and collect and receive all such rents and enforce such guarantee or
guarantees; and all money so collected shall be applied to the indebtedness and obligations
hereby secured, after first deducting therefrom such reasonable costs and expenses as may be
incurred in the collection of said rents. In the event of default hereunder, the Trustees are
authorized and empowered to enter upon the Property and to lease it in whole or in part to
such person or persons for such purposes and upon such terms as the Trustees may in their
sole discretion decide upon.
Neither any course of dealing by the Trustees or the Noteholder nor any failure or
delay by them to exercise any right, power or privilege hereunder shall operate as a waiver of
such fight, power or privilege; nor shall any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the exercise of any other right,
power or privilege.
4
The covenants herein contained shall bind, and the benefits and advantages shall
insure to, the respective heirs, executors, administrators, successors and assigns of the parties
hereto, including the Noteholder. Whenever used, the singular number shall include the
plural, the plural the singular, and the use of any gender shall include all other genders.
This Deed of Trust shall be construed to impose and confer upon the parties all duties,
rights, and obligations prescribed in Section 55-59 of the Code of Virginia of 1950, as
amended to date, except to the extent that contrary provisions are herein provided; and the
provisions of Section 55-59 of said Code that correspond with the short-form expressions
hereinbelow set forth are incorporated in and made a part of this Deed of Trust, namely:
(a) "Deferred Purchase Money"
(b) "Exemptions waived"
(c) "Subject to all upon default"
(d) "Renewal, extension or reinstatement permitted"
(e) "Insurance required" An amount equal to the principal sum herein secured,
plus the sum secured by all liens, if any, senior in priority to the Deed of Trust.
(f) "Advertisement required" Once a week for four successive weeks in some
newspaper having general circulation in the county or city in which the property lies, and the
Trustees may sell the Property or part thereof on the fifteenth day after the first
advertisement or any day thereafter.
(g) "Any Trustee may act"
The right is reserved to prepay the Note, in whole or in part, at any time and from
time to time without penalty.
Grantors grant to the Noteholder, in their sole discretion and without cause or reason,
the right and power to appoint from time to time one or more substitute Trustees, any or all
of whom may act.
The Grantors expressly covenant to keep the Property in tenantable condition and in
as good condition and repair as at the time of execution hereof, and the Trustees are hereby
constituted the sole and exclusive judges of the provisions of this covenant to keep said
property in tenantable condition and in good condition and repair, and their decision shall be
final and binding.
The Grantors hereby assign to the Trustees the proceeds of any award or claim for
damages, direct or consequential, in connection with any condemnation or other taking of the
Property or part thereof, or for conveyance in lieu of condemnation, and at the option of the
Noteholder the proceeds shall be paid to the Noteholder for application to the indebtedness
and obligations hereby secured after first deducting from the proceeds such reasonable costs
and expenses as may be incurred in the collection of the proceeds.
5
WITNESS the following signature and seal:
ROANOKE AT HOME LIMITED
PARTNERSHIP, by Blue Ridge Housing
Development Corporation, General Partner
By
Alvin L. Nash, Executive Director
COMMONWEALTH OF VIRGINIA
~
~ To-Wit:
~
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of day of
, 2010, by Alvin L.Nash, the Executive Director of Blue Ridge Housing
Development Corporation the Corporate General Partner of Roanoke at Home Limited
Partnership, for and on behalf of said corporation.
My Commission expires:
Notary Public
Registration No.
(SEAL)
Richard R. Sayers., Trustee
(SEAL)
Richard E. B. Foster, Trustee
COMMONWEALTH OF VIRGINIA
~
~ To-Wit:
~
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of
, 20_, by Richard R. Sayers, Trustee.
day of
My Commission expires:
Notary Public
Registration No.
6
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
s
s To-Wit:
S
The foregoing instrument was acknowledged before me this day of
,2010, by Richard E. B. Foster, Trustee.
My Commission expires:
day of
Notary Public
Registration No.
7
J.
\flG
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA
The 21st day of June, 2Q10.
No. 38855-062110.
AN ORDINANCE approving certain changes and modifications to the purchase
and sales contract dated March 4, 2010, by and between the City of Roanoke, Virginia,
and 220 Church, LLC, to extend the closing date for the purchase of City-owned property
)
located at 220 Church Avenue, by 220 Church, LLC, an additional sixty (60) days;
authorizing the City Man,ager to execute Amendment No.1 to such contract to provide
~
for such changes and modifications; and dispensing with the second reading by title of
this Ordinance.
WHEREAS, the City and 220 Church, LLC, entered into a purchase and sales
contract dated March 4,2010, for the sale of City-owned property located at 220 Church
Avenue, S.W., Roanoke, Virginia, ,commonly known as the Commonwealth Building, as
authorized by Ordinance No. 38737-030110, which contract provided that closing of the
property would occur no later than one hundred twenty (120) days after the date of the
contract;
~EREAS, 220 Church, LLC, has requested that the purchase and sales contract
be amended to provide that closing ofthe property occur no later than one hundred eighty
days (180) after thedate of the contract; and
WHEREAS, City staff recommends that City Council authorize such Amendment
No.1.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves the changes and modifications to the
purchase and sales contract between the City of Roanoke and 220 Church, LLC, dated
March 4, 2010, to extend the closing date on purchase of the property located at 220
Church Avenue, by 220 Church, LLC, for an additional sixty days, such that 220 Church,
LLC, will have one hundred eighty days from the date of the purchase and sales contract
to close on the property, and upon such other terms as more fully described in the above
mentioned City Manager's letter dated June 21, 2010, to this Council, and proposed
Amendment No.1, which is an attachment to such letter.
2. The City Manager is.hereby authorized to execute Amendment No.1 and
to take such additional actions as may be necessary to provide for the implementation,
administration, and enforcement of Amendment No.1. All documents shall be upon
form approved by the City Attorney.
3 Pursuant to the provisions of Section 12 of the City Charter, the second
reading by title of this Ordinance is hereby dispensed with.
ATTEST:
K:\David\Councij W ork\O-Amendment j to Commonwealth Building Contract.6-2 j -20 j O.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Amendment NO.1 to Contract for
Purchase and Sale of Real
Property with 220 Church, LLC
Background:
The City and 220 Church, LLC, LP (Buyer) entered into a Contract for Purchase
and Sale of Real Property (Contract), dated March 4, 2010, regarding the City-
owned Commonwealth Building located at 220 Church Avenue, S.W. (tax map
no. 1012103). The Contract was authorized by City Council on March 1, 2010,
upon adoption of Ordinance No. 38737-030110. The Contract requires
completion of Buyer's due diligence obligations, and closing on the real estate
transaction within 120 days after the date of the Contract. The sale price of the
property is $3,650,000.00.
During the preceding four months, the Buyer has accomplished many of the
due diligence obligations outlined in the Contract, including, inspection of the
property, development of proposed renovation plans, and initiation of the lease
negotiation process with the Federal General Services Administration (GSA) as it
pertains to the retention of the United States Bankruptcy Court in the building.
However, due to the complex and comprehensive procurement process involved
in the securing of a proposed new lease with the GSA, the Buyers have
requested that the timeframe for the real estate closing established in the
Contract be amended so as to enable substantial completion of the lease
development with the GSA prior to the closing date.
Honorable Mayor and Members of City Council
June 21, 2010
Pag e 2
The attached proposed Amendment No. 1 provides modified language to the
Contract which extends the time period during which the real estate closing
may occur up to an additional sixty (60) days from the date of the contract,
bringing the total time between the date of the contract and closing to 180
days.
All other terms and conditions of the Contract dated March 4, 2010, between
the parties will remain in full force and effect.
Recommended Action:
Approve the changes and modifications to the Contract as set forth in the
proposed Amendment NO.1.
Authorize the City Manager to execute an Amendment No. 1 to the Contract
between the City and 220 Church LLC, in a form substantially similar to the one
attached, with the form of such Amendment No.1 to be approved by the City
Attorney.
Authorize the City Manager to take such actions and execute such documents
as necessary to implement, administer, and enforce such Amendment No. 1 to
the Contract.
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Economic Development Manager
CM 1 0-0011 2,
/-
AMENDMENT NO. ONE
This Amendment No. One to "Contract for PurchC)se and Sale of Real
Property" dated March 4, 2010("Contract") between the CITY OF ROANOKE,
VIRGINIA, a Virginia municipal corporation (" Seller or City") and 220 CHURCH:
LLC, a Virginia limited liability company. ("Buyer"), is dated this
, 2010,
WITNESSETH:
WHEREAS, by Contract dated March 4,2010, the City and Buyer entered
into a purchase and sales contract for the purchase of City owned property
designated as the Commonwealth Building;
WHEREAS, the Contract provided that closing of the property would occur
no later than one hundred twenty (120) days from the date of March 4, 2010; and
WHEREAS, the parties desire to amend the Contract to allow closing to
occur no later than one hundred eighty (180) eighty days from March 4, 2010.
NOW I THEREFORE, in consideration of the agreements and mutual
promises contained in the Contract, the parties agree as follows:
1. Section 1, Definitions. Closing Date, is hereby amended to read
and provides as follows:
Closing Date: The date provided for in Section 10 hereof for the Closing.
The Closing Date shall be a date no later than one hundred eighty (180)
days after the date of execution of this' Contract, unless otherwise
extended by the parties as provided herein.
2. Section 1, Definitions, Property, is hereby amended by the addition
of the following language to be added at the end of the definition:
The Property shall not include the public sidewalks surrounding the
Commonwealth Building.
3. Section 3 (0), Conditions for Completion of Contract, is hereby
amended to read and provide as follows:
D. Buyer shall have until ninety (90) days after the date of this
Contract to complete its due diligence review of the Property (Due
Diligence Period) and determine if there are any environmental,
geotechnical, title problems, or engineering issues with the Property that
would prevent its use of the Property. Should Buyer reasonably determine
during such Due Diligence Period that the Property cannot be used by the
Buyer due to environmental, geotechnical, engineering, or title problems,
the Buyer shall notify the Seller in writing as soon as possible, but in no
event not later than five (5) calendar days after the end of such Due
Diligence Period, of Buyer's decision to terminate the Contract for such
reason. In such case, this Contract shall thereupon be terminated and
of no further force and effect, unless Seller and Buyer mutually agree to
modify this Contract to address any such issues. After such due diligence
period has expired, Buyer shall have no more than ninety days to arrange
and schedule the Closing Date with Buyer to occur during that ninety day
period. The time periods stated in this Section may only be extended by
consent of the Seller in writing. -
4. Subsections Band C of Section 10, Title andClosinQ, shall be
amended to read and provides as follows:
B. Buyer and Seller shall consummate this transaction on or before a
date which is within one hundred eighty (180) days following the date of
this Contract, with the specific Closing being designated by Buyer in
writing to Seller at least ten (10) days in advance thereof (the "Closing.
Date").
\
C. The purchase and sale of the Property shall be closed (the
"Closing") at 10:00 A.M. on the Closing Date in the Office of the City
Attomey, or at such other location, date, and time as shall be approved by
Buyer and Seller. The Closing Date shall be a date no later than one
hundred eighty (180) days past the date the Contract is executed.
(1) On the Closing Date, Seller shall deliver or cause to be delivered to
Buyer the following documents:
a) Its duly executed and acknowledged Special Warranty Deed
conveying to Buyer the Property in accordance with the
provisions of this Contract;
b) A mechanic's lien affidavit executed by a representative of
Seller, satisfactory to the Buyer, and to the effect that no
work has been performed on the Property by Seller in the
2
one hundred twenty-five (125) days immediately preceding
the Closing Date that could result in a mechanic's lien claim,
or, if such work has been performed, it has been paid for in
full;
c) Such evidence and documents including, without limitation, a
certified copy of the ordinance adopted by the Seller, as may
reasonably be required by the Title Company evidencing the
authority 9f the person(s) executing the various documents
on behalf of Seller in connection with its sale of the Property;
d) A duly executed counterpart of a Closing Statement; and
e) Any other items required to be delivered pursuant to this
Contract.
5. Except as changed or modified herein, the conditions, terms and
obligations of the Contract shall remain in full force and effect as if fully stated
herein.
IN WITNESS WHEREOF, Buyer and Seller have executed this
Amendment No. One by their authorized representatives
SELLER:
CITY OF ROANOKE, VIRGINIA
By (SEAL)
Christopher P. Morrill, City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this _day of
,,2010, by Christopher P. Morrill, City Manager for the
City of Roanoke, for and on behalf of said municipal corporation.
My commission expires:
Notary Public
Registration No.
3
BUYER:
220 Church, LLC, a Virginia limited liability
company
By
(SEAL)
Printed Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this ~day of
, 2010, by the
. for and on behalf of such company. '
My commission expires:
Notary Public
Registration No.
Approved as to Form:
Approved as to Execution:
Assistant City Attorney
Assistant City Attorney
4
~\O
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38856-062110.
AN ORDINANCE authorizing the City Manager to enter into an Agreement, and to execute
any other documents necessary to implement the terms of the Agreement, between the City of
Roanoke and eventzone.org (EventZone), pertaining to the conducting of special events and festivals
by EventZone in the City of Roanoke, and dispensing with the second reading ofthis ordinance by
title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf ofthe City of Roanoke, in form approved by the City Attorney, an Agreement
with EventZone, and to execute any other documents necessary to implement the terms of the
Agreement, for EventZone to conduct special events and festivals in the City of Roanoke, such
Agreement to be upon such terms and conditions as are more particularly described in the City
Manager's letter dated June 21, 2010, and similar in form to the Agreement attached to the City
Manager's letter dated June 21,2010, to this Council.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
O-EventZone-2010.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: EventZone Contract
Background:
EventZone was treated in 2003, when the Festival in the Park and the City of
Roanoke's Special Events Committee joined forces to form an organization that
would ensure continuation of quality festivals for downtown Roanoke and would
provide a corporate umbrella that could assist in growing these events. The
present Agreement between the City of Roanoke and EventZone expires on June
30, 2010. A new Agreement has been negotiated with EventZone and is
attached.
The proposed Agreement between the City and EventZone offers $148,932.00
that is distributed on a quarterly basis. Included in this funding is the amount
of $12,000.00 which has been set aside specifically to support the Henry Street
Heritage Festival in 2010, with certain criteria to be met more fully described in
the attached Agreement. The term of the Agreement will be for one (1) year
with the City having the option to renew for two (2) additional one (1) year
terms. Events to be conducted by EventZone have been updated to reflect the
new and/or modified events. In addition, EventZone is expected to assist
citizens in scheduling and planning events outside of the scope of the
agreement. The Agreement further stipulates that EventZone will retain the
rights for all food and beverage sales (including alcoholic beverages) for events
held within City parks. EventZone will work directly with Global Spectrum in
scheduling any events not held in City parks and all logistics and rights to
concession profits will be agreed upon on an event-by-event basis.
Honorable Mayor and Members of City Council
June 21,2010
Page 2
Recommended Action(s):
Authorize the City Manager to execute the attached Agreement with EventZone,
with an effective date of July 1, 2010; such contract to be approved as to form
by the City Attorney.
Christop er P. Morrill
City Manager
CPMjSCBjld
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steven C. Buschor, Director of Parks and Recreation
CM10-00111
CITY OF ROANOKE. VIRGINIA
CONTRACT
This Contract is dated -.J....~ ~ ,~, 2010, between the City of Roanoke, Virginia, a
Virginia municipal corporation, hereinafter referred to as the "City" or "Owner", and
eventzone.org, c;! non-stock corporation organized under the laws of the
Commonwealth of Virginia, hereinafter referred to as "EventZone" or "Contractor, "
WITNESSETH:
WHEREAS, Contractor has been awarded this Contract by the City for furnishing all
equipment, . materials, goods, labor, and services necessary for conducting and
supporting events for the City of Roanoke, and associated work in accordance with this
Contract and the documents referred to herein, all such items or services a(so being
referred to hereinafter as the Work or Project.
NOW, THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOllOWS:
SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS.
For and in consideration of the money hereinafter specified to be paid by the City to the
Contactor for the Work provided for in this Contract to be performed by the Contractor,
the Contractor hereby covenants and agrees with the City to fully perform the services,
provide any materials called for, construct, and complete the Work called for by this
Contract in a good and workmanlike manner in accordance with this Contract and the
documents referred to herein in order to fully and properly complete this Contract within
the time stipulated, time being made of the essence for this Contract. It is also agreed
by the parties hereto that the documents to this Contract consist of this Contract and the
following documents listed below (Contract Documents), all of which are and constitute
a part of this Contract as if attached hereto or set out in full herein, viz:
1. Insurance Requirements (Exhibit 1)
2. Events to be conducted and supported by Eventzone.
. Cabin Fever Series
. Festival in the Park
. Party in the Park
· St. Patrick Day Celebration
. AEP 5/10K Run
· Big Lick Blues Festival
· Henry Street Heritage Festival
3. Events scheduled in City parks shall be scheduled to conclude promptly by 10:00
p.m. In case of exigent circumstances, EventZone may extend the event to 10:30
J
p.m. after which time the City Manager, after consultation with EventZone, may
permit the event to continue beyond 10:30 p.m. to a time designated by the City
Manager.
The parties agree that if there are any differences between the provisions of the above
referenced documents, the provisions of the City documents and this Contract will
control over any Contractor supplied documents or information.
SECTION 2. SERVICE TO CITIZENS.
Eventzone shall provide assistar:lce and guidance to patrons interested in conducting
events similar to those events identified in Section 1 of this Contract Such guidance
and assistance shall include, but not be limited to, providing information about obtaining
necessary permits from the City, reserving needed space for such events, providing
technical assistance and advice for such events, and assisting in the scheduling of such
events. Such services shall be provided for only events sought to be held, in part or in
whole, within the area identified in Exhibit 2, attached.
SECTION 3. CONTRACT AMOUNT.
(a) The City agrees to pay the Contractor for the Contractor's complete and satisfactory
performance of the Work, in the manner and at the time set out in this Contract, the
Contract amount of $148,932.00, as provided for in this Contract and that this Contract
amount may be increased or decreased by additions and/or reductions in the Work as
may be authorized and approved by the City, and the Contract amount may be
decreased by the City's assessment of any damages against the Contractor, as may be
provided for in this Contract or by law, and the City retains the right of setoff as to any
amounts of money the Contractor may owe the City.
(b) $12,000.00 of the Contract amount has been set aside specifically for the Henry
Street Heritage Festival ("HSHF"). If the HSHF is not held in September, in a manner
and of a scale similar to that which has been held in the past three (3) years in Elmwood
Park, or should the HSHF not meet the expectations of the City Manager for the City of
Roanoke, the City may reduce Contractor's next draw of funding by $12,000.00. With
respect to the City Manager's expectations, the HSHF shall consist of an all-day event,
on a Saturday in September, and shall include numerous vendor booths, the
presentation of visual and performing arts, ethnic cuisine and merchandise, as well as
health and services displays and information dissemination, during the entire event.
Such vendors and performers shall include artists and craftsmen of African descent,
ch.urches and vendors selling baked goods and specialty ethnic and southern foods,
and performers of national celebrity for night performances as well as local dancers and
other stage performers entertaining with a variety of acts and children's activities.
throughout the day.
2
SECTION 4. TERM OF CONTRACT.
The term of this Contract will be for one (1) year, from July 1, 2010, through June 30,
2011 at which time it will terminate. unless sooner terminated pursuant to th.e terms of
the Contract or by law. At the City's option, the Contract may be extended for up to two
(2) additional one (1) year periods or any combination thereof. The City may exercise its
option by giving written notice of such to the Contractor at least sixty (60) days before
the expiration of any subsequent extension term.
SECTION 5. CONCESSION RIGHTS.
Eventzone retains the rights to all food and beverage sales (including alcoholic
beverages) for events directly administered by EventZone held within official City parks
during the term of this Contract. EventZone shall obtain all necessary state and City
permits to undertake such actions and must abide by all provisions set forth in such
permits.
Eventzone will work directly with Civic Facilities in scheduling any events not held in
City parks. Logistics and rights to profits shall be agreed upon based on each individual
event.
SECTION 6. FIELD DAMAGE.
EventZone shall protect the fields at River's Edge Sports Complex and Reserve Avenue
from damage in either of the two following ways: .
1. EventZone shall provide a guarantee of $50,000.00 each year this Contract is in
force to cover possible damage to the fields at either location. This guarantee
can be in .the form of an insurance policy, bond, or irrevocable letter of credit, the
form of which shall be reasonably acceptable to the City Manager. Evidence of
such guarantee shall be provided to the City at least 30 days prior to
commencement of any event held at Rivers Edge Sports Complex Field(s) or
Reserve Avenue Field(s), and shall be effective at least through fourteen (14)
days after the conclusion of the event; or
2. Provide, install and remove an appropriate protective portable turf covering
system, as approved by the City Manager, to prevent damage to the turf at either
location.
The determination of which option shall be used for an event will be within the sole
discretion of the City Manager.
In the event of inclement weather, the City may deem both locations. or any other venue
of an event, unusable and advise EventZone of that determination. The determination of
whether the field or other venue is useable shall be that of the City. EventZone shall be
3
prohibited from using the area until such time that, in the City's opinion, the area is
again fit for use. If the City determines that the area is unusable, the City shall use its
best efforts to assist EventZone in relocating to a suitable alternate site, location and
layout for any event planned to occur on the Rivers Edge Complex field(s) or Reserve
Avenue Field(s). Eventzone shall be responsible for keeping patrons off the field before,
during and after any event if the fields are deemed unusable by the City.
SECTION 7. ACCOUNTING.
Within sixty (60) days after each event for which admission is charged in any manner,
Eventzone shall file with the City Clerk for the City of Roanoke, a statement setting forth
all gross receipts, program expenses, and net revenues from each event, and a
statement that all net revenues from each event will be expended in accordance with
Resolution 24982, adopted by City Council on January 28, 1980. Eventzone shall
provide a copy, as confirmation, to the Director of Parks & Recreation.
Eventzone shall provide the following information to the City Clerk no later than April
15th. of each year this Contract is in force and effect:
1. A complete and signed Federal Tax return covering all events conducted in
whole or in part by EventZone during the year.
2. A total for expenses and revenues for any events conducted in whole or in
part by Eventzone during the year.
SECTION 8. ALCOHOLIC BEVERAGES.
EventZone shall take reasonable measures to ensure that no alcoholic beverages or
glass containers are brought onto City property under EventZone's control and that no
coolers are brought into any venue. Alcoholic beverages may be sold by EventZone in
accordance with Section 24-97 of the Code of the City of Roanoke (1979), as amended,
and in accordance with applicable Alcoholic Beverage Control laws and regulations.
The restrictions contained in this paragraph shall be included in the press packet
prepared by EventZone.
SECTION 9. PAYMENT OF TAXES AND FEES.
EventZone shall pay promptly all applicable taxes and fees.
SECTION 10. LICENSES AND PERMITS.
EventZone shall obtain all licenses or permits as required by federal. state of local laws
and ordinances, inclUding any required assembly permits, temporary street closure
permits, and permits for temporary structures such as tents, and EventZone shall
provide evidence of compliance with such federal, state and local laws and ordinances
4
upon demand by the City. Execution of this Contract shall not obviate the need for
Eventzone to obtain any permit or license required by the City, and EventZone shall be
response for all application or filing fees in connection therewith.
SECTION 11. INSPECTION.
The City's Fire Marshall shall be permitted to inspect the operations of EventZone and
of each vendor who contracts with EventZone to sell any product during any event
conducted in whole or in part by EventZone.
The City's Health Department Director, or the Health Department Director's
representatives, shall be permitted to inspect the operations of EventZone and each
vendor who contracts with EventZone to sell any products during any activity or event
conducted by EventZone. EventZone agrees to abide by all Health Department
regulations and assist in the implementation of any recommendation made by the
Health Department concerning but not limited to, solid waste disposal, liquid waste
disposal, rodent control, insect control, and recreational use of the Roanoke River.
EventZone shall provide parking passes for two Environmental Health Specialist (EHS)
for events taking place in Smith Park. EventZone shall also provide a work space in
each area where events are being held for the EHS to utilize.
SECTION 12. SECURITY.
At any event conducted by EventZone, EventZone shall hire off-duty City police officers
and security guards employed by a private security service business licensed by the
Department of Commerce of the Sate of Virginia to provide security and crowd control.
At least thirty (30) days prior to the commencement of each activity or event conducted
by EventZone. EventZone shall meet and/or communicate with the City of Roanoke
Police department and representatives of other City departments as appropriate to
discuss and provide the City with a written security plan which shall indicate the number
and employment category of all security personnel to be used at the activity or event.
Advance notice of this meeting of at least 15 days must be given to the Chief of Police
for the City of Roanoke Police Department and the City Manager. The plan shall be
SUbject to approval of the City, which approval, after consultation with EventZone; shall
not be unreasonably withheld. At such time, EventZone shall present proof, satisfactory
to the City, of the employment of required police officers and security guards. Private
security guards shall have no authority to engage in law enforcement activities or
perform security services off the areas occupied by the event. Approval of the security
plan by the City shall constitute concurrence in the minimum number of personnel to be
employed, but such concurrence will not relieve EventZone of its primary responsibility
for determining and providing adequate security forces.
SECTION 13. AGREEMENT TO QUIT PREMISES. DAMAGE TO PREMISES.
5
EventZone agrees to quit all City property at the conclusion of any event conducted by
EventZone and to leave all City property in the same condition as at the
commencement of the event, ordinary wear and tear expected. The original condition of.
all properties and facilities to be utilized will. be determined by a "walk through"
inspection conducted prior to the commencement of the event. Such inspection shall be
conducted by representatives of both the City and EventZone at a time convenient to
both. After discussing the matter with the City Manager, EventZone shall pay on
demand to the City in cash the full cost of repairing to good condition or restoring to
good condition any City property reasonable deemed by the City to have been damaged
as a result of or arising out of Eventlone's use of the property.
SECTION 14. PAYMENT OF TAXES BY EVENTZONE.
EventZone agrees to collect and pay the City, in accordance with the requirements of
the City's Director of Finance or other official charged with the responsibility of
administering such taxes, all taxes owing to the City that result from EventZone's
activities related to the any event conducted by EventZone under this Contract,
including but not limited to admissions tax pursuant to Article IX of Title 32, Code of the
City of Roanoke (1979), as amended, and the prepared food and beverage tax pursuant
to Article XIV of Title 32, Code of the City of Roanoke (1979), as amended.
SECTION 15. ACTION IN PUBLIC INTEREST.
EventZone agrees that it is the policy of the City to serve the public In the best possible
manner, and Eventzone agrees that it, its employees and its agents, shall at all times
cooperate with the City in effecting this policy and maintaining the public faith.
SECTION 16. EMERGENCY MEDICAL SERVICES (EMS).
EventZone shall provide adequate emergency medical services for any activity or event
conducted in whole or in part by Eventzone.
SECTION 17. PAYMENT.
The Contractor may submit a request for payment as agreed upon by both parties and
may receive a payment of not more than one fourth (1/4) of One Hundred Forty Eight
Thousand, Nine Hundred Thirty Two dollars and no cents ($148,932.00) on the fifteenth
(15th) day of July, October, December and March of each year this contract is in effect.
At no time shall the City provide funding of any type or amount or services for any event
conducted in part or in whole by EventZone. The payment requested shall be for the
services required by this Contract and approved by the City. If there are any objections
or problems with the payment request, the City will notify the Contractor of such
matters. If the payment request is approved and accepted by the City, payment will be
made by the City to the Contractor not more than 30 days after such request has been
approved.
6
SECTION 18. PAYMENTS TO OTHERS BY CONTRACTOR.
The Contractor agrees that Contractor will comply with the requirements of Section 2.2-
4354 of the Virginia Code regarding Contractor's payment to other entities and the
Contractor will take one of the two actions permitted therein within 7 days after receipt
of amounts paid to Contractor by the City. Contractor further agrees that the Contractor
shall indemnify and hold the City harmless for any lawful claims resulting from the
failure of the Contractor to make prompt payments to all persons supplying the
Contractor equipment, labor, tools, or material in connection with the work provided for
in the Contract. In the event of such claims, the City may, in the City's sole discretion,
after providing written notice to the Contractor, withhold from any payment request or
final payment the unpaid sum of money deemed sufficient to pay all appropriate claims
and associated costs in connection with the Contract and make such payment, if the
City determines it to be appropriate to do so. .
SECTION 19. HOLD HARMLESS AND INDEMNITY.
Contractor shall indemnify and hold harmless the City and its officers, agents, and
employees against any and all liability, losses, damages, claims, causes of action, suits
of any nature, costs, and expenses, including reasonable attorney's fees, resulting from
or arising out of Contractor's or its employees, agents, or subcontractors actions,
activities, or omissions, negligent or otherwise, on or near City's property or arising in
any way out of or resulting from any of the work or items to be provided under this
Contract, and this includes, without limitation, any fines or penalties, violations of
federal, state, or local laws or regulations, personal injury, wrongful death, or property
damage claims or suits. Contractor agrees to and shall protect, indemnify, and hold
harmless all the parties referred to above from any and all demands for fees, claims,
suits, actions, causes of action, settlement or judgments based on the alleged or actual
infringement or violation of any copyright, trademark, patent, invention, article,
arrangement, or other apparatus that may be used in the performance of this Contract.
SECTION 20. NO THIRD PARTY BENEFICIARY.
The provisions of this Contract are for the exclusive benefit of the parties hereto and not
for the benefit of any third person, nor shall this Contract be deemed to have conferred
any rights, express or implied, upon any third person unless otherwise expressly
provided herein.
SECTION 21. COMPLIANCE WITH LAWS AND REGULATIONS.
Contractor agrees to and will comply with all applicable federal, state, and local laws,
ordinances, and regulations, including all applicable licensing requirements. Contractor
agrees that Contractor does not, and shall not during the performance of this
7
Agreement, knowingly employ an unauthorized alien as defined in the federal
Immigration Reform and Control Act of 1986.
SECTION 22. INDEPENDENT CONTRACTOR.
The relationship between Contractor and the City is a contractual relationship. It is not
intended in any way to create a legal agency or employment relationship. Contractor
shall, at all times, maintain its status as an independent contractor and both parties
acknowledge that neither is an agent, partner or employee of the other for any purpose.
Contractor shall be responsible for causing all required insurance, workers'
compensation (regardless of number of employees) and unemployment insurance to be
provided for all of its employees and subcontractors. Contractor will be responsible for
all actions of any of its subcontractors, and that they are properly licensed.
SECTION 23. 'REPORTS. RECORDS. AND AUDIT.
Contractor agrees to maintain all books, records and other documents relating to this
Contract for a period of five (5) years after the end of each fiscal year included. in this
Contract. The City, its authorized employees, agents, representatives, and/or state
auditors shall have full access to and the right to examine, copy, and/or audit any of
such materials during such period, upon prior written notice to Contractor.
SECTION 24. INSURANCE REQUIREMENTS.
Contractor and any of its subcontractors involved in this Contract shall maintain the
insurance coverages set forth in Exhibit 1 to this Contract and provide the proof of such
insurance coverage as called for in Exhibit 1, including workers' compensation coverage
regardless of the number of Contractor's employees. Such insurance coverage shall be
obtained at the Contractor's sole expense and maintained during the life of the Contract
and shall be effective prior to the beginning. of any work or other performance by the
Contractor under this Contract. Additional insured endorsements, if required, must be
received by the City within 30 days of the execution of this Contract or as othelWise
required by the City's Risk Manager.
SECTION 25. DEFAULT.
If Contractor refuses or fails to perform any of the terms of this Contract, including poor
services, work or materials, the City may, by written notice to Contractor, terminate this
Contract in whole or in part. In addition to any right to terminate, the City may enforce
any remedy available at law or in equity in connection with such default, and Contractor
shall be liable for any damages to the City resulting from Contractor's default. The City
further reserves the right to immediately obtain such work or services from other entities
in the event of Contractor's default.
SECTION 26. NONWAIVER.
8
Contractor agrees that the City's waiver or failure to enforce or require performance of
any term or condition of this Contract or the City's waiver of any particular breach of this
Contract by the Contractor extends to that instance only. Such waiver or failure is not
and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of
any other breaches of the Contract by the Contractor and does not bar the City from
requiring the Contractor to comply with all the terms and conditions of the Contract and
does not bar the City from asserting any and all rights and/or remedies it has or might
have against the Contractor under this Contract or by law.
SECTION 27. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Contractor submits itself to a court of competent
jurisdiction in the City of. Roanoke, Virginia, and further agrees that this Contract is
controlled by the laws of the Commonwealth of Virginia and that all claims, disputes,
and other matters shall only be decided by such court according to the laws of the
Commonwealth of Virginia.
SECTION 28. SEVERABILITY.
If any provision of this Contract, or the application of any provision hereof to a particular
entity or circumstance, shall be held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of this Contract shall not be affected
and all other terms and conditions of this Contract shall be valid and enforceable to the
fullest extent permitted by law.
SECTION 29. REFERENCE TO OFFICERS OF THE CITY.
Any reference to the City Manager, the Director of Parks and Recreation, Director of
Civic Facilities for the City of Roanoke shall be intended to include that person's
designee.
SECTION 30. ASSIGNMENT.
EventZone shall not assign or transfer any right or interest under this Contract,
including, without limitation, the right to receive any payment, without the City's prior
written approval of satisfactory evidence of such assignment, and EventZone agrees
that any such assignment without prior written approval of the City shall be null and
void.
SECTION 31. COPYRIGHTED MATERIALS. ETC.
Contractor warrants that all copyrighted materials performed by Contractor under this
Agree~ent, or performed or used by any person appearing or performing in an event or
9
activity covered by this Agreement, have been duly licensed or authorized by the
copyright owners or their representatives, and the Contractor agrees to be responsible
for all license and royalty fees incurred by reason of the performance, and to defend,
indemnify and hold harmless the City of Roanoke, its officers, employees, agents or
representatives, from any and all claims, losses, or expenses incurred with regard
thereto.
SECTION 32. NONDISCRIMINATION.
A. During the performance of this Contract, Contractor agrees as follows:
i. Contractor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of
the Contractor. Contractor agrees to postin conspicuous places, available
to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
ii. Contractor in all solicitations or advertisements for employees placed by or
on behalf of Contractor will state that Contractor is an equal opportunity
employer.
III. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation sha'lI be deemed sufficient for the purpose of
meeting the requirements of this section.
B. Contractor will include the provisions of the foregoing Section A (i, ii, and iii) in
every subcontract or purchase order of over $1 0,000, so that the provisions will be
binding upon each subcontractor or vendor.
SECTION 33. DRUG-FREE WORKPLACE.
A. During the performance of this Contract, Contractor agrees to (i) provide a
drug-free workplace for Contractor's employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (Hi) state in all solicitations or advertisements for
employees placed by or on behalf of Contractor that Contractor maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses in
every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
B. For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
to
contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
SECTION 34.
FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343.1. be advised that the City does not
discriminate aaainst faith-based oraanizations.
SECTION 35. ASSIGNMENT.
Contractor may not assign or transfer this Contract in whole or in part except with the
prior written consent of the City, which consent shall not be unreasonably withheld. If
consent to assign is given, no such assignment shall in any way release or relieve the
Contractor from any of the covenants or undertakings contained in this Contract and the
Contractor shall remain liable for the Contract during the entire term thereof.
SECTION 36. CONTRACTUAL DISPUTES.
Contractual claims, whether for money or for other relief, shall be submitted, in writing,
no later than sixty (60) days after the earlier of the final payment or termination of the
Contract or notice from the City to the Contractor that the City disputes the amount of
Contractor's request for final payment. However, written notice of the Contractor's
intention to file such claim must be given at the time of the occurrence or beginning of
the work upon which the claim is based. Such notice is a condition precedent to the
assertion of any such claim by the Contractor. A written decision upon any such claims
will be made by the City Manager or the City Manager's designee (hereafter City
Manager) within thirty (30) days after submittal of the claim and any practically available
additional supporting evidence required by the City Manager. The Contractor may not
institute legal action prior to receipt of the City's decision on the claim unless the City
Manager fails to render such decision within 120 days from submittal of Contractor's
claim. The decision of the City Manager shall be final and conclusive unless the
Contractor within six (6) months of the date of the final decision on a claim or from
expiration of the 120 day time limit, whichever occurs first, initiates legal action as
provided in Section 2.2 - 4364, of the Va. Code. Failure of the City to render a decision
within said 120 days shall not result in the Contractor being awarded the relief claimed
nor shall it result in any other relief or penalty. The sole result of the City's failure to
render a decision within said 120 days shall be Contractor's right to immediately institute
legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the
Va. Code has been established for contractual claims under this Contract.
SECTION 37. SUCCESSORS AND ASSIGNS.
11
The terms, conditions, provisions, and undertakings of this Contract shall be binding
upon and inure to the benefit of each of the parties hereto and their respective
successors and assigns.
SECTION 38. HEADINGS.
The captions and headings in this Contract are for convenience and reference purposes
only and shall not affect in any way the meaning and interpretation of this Contract.
SECTION 39. COUNTERPART COPIES.
This Contract may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single
instrument.
SECTION 40. AUTHORITY TO SIGN.
The persons who have executed this Contract represent and warrant that they are duly
authorized to execute this Contract on behalf of the party for whom they are signing.
SECTION 41. NOTICES.
All notices must be given in writing and shall be validly given if sent by certified mail,
return receipt requested, or by a nationally recognized overnight courier, with a receipt,
addressed as follows (or any other address that the party to be notified may have
designated to the sender by like notice):
To City:
Facsimile:
City of Roanoke
Parks & Recreation Division
Attn: Steven Buschor, Director of Parks & Recreation
215 Church Avenue, S.W., Room 303
Roanoke, Virginia 24011
(540) 853-1287
Copy to:
City of Roanoke
Purchasing Division
Attn: Purchasing Manager
Noer C. Taylor Municipal Building Room 353
Roanoke, Virginia 24011
(540) 853.1513
Facsimile:
If to Contractor:
Lawrence A. Landolt, Executive Director
EventZone.org
12
Telephone:
Facsimile:
P.O. Box 8276
Roanoke, Virginia 24014
540-342-2640
540-342-7981
SECTION 42. PROTECTING PERSONS AND PROPERTY.
The Contractor expressly undertakes, both directly and through its subcontractors, to
take every reasonable precaution at all times for the protection of all persons and
property at the location of the Work or in the vicinity of the Work or that may be affected
by the Contractor's operation in connection with the Work. The Contractor will maintain
adequate protection of all Contractor's Work to prevent damage to it and shall protect
the City's property from any injury or loss arising in connection with this Contract and to
protect adjacent property to prevent any damage to it or loss of use and enjoyment by
its owners. Contractor agrees to be responsible for the entire Work and will be liable for
all damages to the Work, including, but not limited to, damages to any property of the
City or to any property in the vicinity or adjacent to the Work. All damage with respect
to the Work caused by vandalism, weather, or any other cause, other than resulting
from the sole negligence of the City, shall be the responsibility of the Contractor.
Furthermore, any damage to concrete curbs, gutters, sidewalks, or any existing facility,
. whether owned by the City or others that may occur during the Work shall be repaired
or replaced by the Contractor, at Contractor's sole expense, as directed by and to the
satisfaction of the City.
SECTION 43. CONSIDERATION SUBJECT TO FUNDING.
All funds for payments by the City under this Contract are subject to availability of an
annual appropriation for this purpose by the City Council of the City of Roanoke. In the
event of non-appropriation of funds for cause or no cause by the City Council of the
City of RoanQke, this Contract shall be considered terminated by the parties, without
termination charge or other liability of the City, on the last day of the then current fiscal
year or when the appropriation made for the then current year covered by this Contract
is spent, whichever event occurs first. If funds are not appropriated at any time for the
continuance of this Contract, cancellation will be accepted by EventZone or on thirty
(30) days prior written notice, but failure to give such notice shall be of no effect, and the
City Council of the City of Roanoke shall not be obligated under this Contract beyond
the date of termination.
SECTION 44. COMPLIANCE WITH ENVIRONMENTAL P~OTECTION LAWS.
Eventzone covenants and agrees to perform under this Contract strictly in accordance
with all applicable federal, state and local environmental protection laws, regulations,
rules and orders, including but not limited to those laws relating to storage, disposal and
presence of Hazardous Substances (the term "Hazardous Substances" in 42 U.S.C.
99601), disposal of solid waster, release or emission of pollutants or Hazardous
13
Substances into the air or soil or into groundwater or other waters, applicable water and
sere regulations, and erosion and sedimentation control (collectively, "Environmental
Law"). EventZone covenants that it has either acquired hereto or shall acquire, prior to
or at the time required by applicable law, all environmental permits and licenses
required any Environmental Law in connection with any of its activities under this
Contract.
EventZone covenants that it shall indemnify, defend and hold the City, its successors,
assigns, directors, officers, employees, volunteers, agents and lenders harmless from
all response cost, damages, expenses, claims, fines and penalties incurred as a result
of any violation by EventZone, or any predecessor in interest to or any person acting
with permission of EventZone of any Environmental Law or as the result of any
necessary repair, cleanup, closure or detoxification of the property upon which
EventZone performs under this Contract, if due to conditions caused by EventZone,
predecessor in interest to or any person acting with permission of the EventZone, or as
a result of a misrepresentation made by the City based upon information supplied
EventZone to the City. These provisions in this section shall survive the termination of
this Contract.
EventZone shall immediately notrty and advise the City of any and all enforcement,
cleanup, removal, investigation or other governmental or regulatory actions instituted or
threatened against EventZone with respect to any Environmental Law applicable to its
performance under this Contract, and any and all claims made or threatened by any
third person against the City, or EventZone relating to any Environmental Law
applicable to the City or EventZone, or to injury to any person or prClperty because of a
Hazardous Substance.
SECTION 45.
SUSPENSION OR TERMINATION OF CONTRACT BY CITY.
The City, at any time, may order Contractor to immediately stop work on this Contract,
and/or by one hundred eighty (180) days written notice may terminate this Contract,
with or without cause, in whole or in part, at any time. The City shall not be obligated to
reimburse EventZone for any cost incurred after the effective date of such termination
notice. The rights and remedies of the City provided in this Section are in addition to
any other rights and remedies provided by law or under this Contract and City may
pursue any and all such rights and remedies against Contractor as it deems
appropriate.
SECTION 46.
ETHICS IN PUBLIC CONTRACTING.
The provisions, requirements, and prohibitions as contained in Sections 2.2-4367
through 2.2-4377, of the Va. Code, pertaining to bidders, offerors, contractors, and
subcontractors are applicable to this Contract.
SECTION 47.
ENTIRE CONTRACT.
14
This Contract constitutes the complete understanding between the parties. This
Contract may be modified only by written agreement properly executed by the parties.
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF, the parties hereto have signed this Contract by their
authorized representatives.
WITNESS:
M.. a VI 0101
Printed Name and Title
EVENTZONE.ORG
B~M.jAu .
o ta.L<J re..,c € A-. &(\Jol f- &. 'i)~ r-- .
6Ve vrJ- . Printed Name and Title
Co 0 R-d { Ylli-to K.
(SEAL)
CITY OF ROANOKE, VIRGINIA
WITNESS:
NamefTitle.
By
Christopher P. Morrill, City Manager
Printed Name and Title
Printed Name and Title
Approved as to form:
Appropriation and Funds Required
for this Contract Certified:
Assistant City Attorney
Director of Finance
15
Account #
Approved as to Execution:
Assistant City Attorney
EXHIBIT 1
CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE
Neither the Contractor nor any subcontractor shall commence work under this Contract
until the Contractor has obtained all the insurance policies required under this Section
and such insurance has been approved by the City.
1. The following minimum insurance requirements apply:
a. Workers' Compensation and Emplovers' Liabilitv:
The Contractor shall obtain and maintain the following limits:
Workers' Compensation: Statutory
Employers' Liability: $100,000 bodily injury by accident each
occurrence
$500,000 bodily injury by disease (policy
limit)
$100,000 bodily injury by disease each
employee
b. Commercial General Liability:
Coverage is to be written on an "occurrence" basis,
$1,000,000 minimum limit, and such coverage shall include:
. Products/Completed Operations
. Personal Injury and Advertising Injury
. Bodilylnjury
c. Automobile Liabilitv:
Limits for vehicles owned, non-owned or hired shall not be
less than:
16
· $1,000,000 Bodily Injury and Property
Damage combined single limit
2. Proof of Insurance Coverage: The policies of insurance shall be
purchased from a reputable insurer licensed to do business in Virginia and
maintained for the life of the Contract by the Contractor. Other insurance
requirements include the following: .
a. The Contractor shall furnish the City with the required
certificates of insurance showing the insurer, type of
insurance, policy number, policy term, and limits.
b. The required certificates of insurance shall contain
substantially the following statement: "The insurance
covered by this certificate shall not be canceled or materially
altered except after a thirty (30) day written notice has been
received by the Risk Management Officer for the City of
Roanoke. "
c. The required certificates of insurance shall name the City of
Roanoke, its officers, agents, volunteers, and employees as
additional insureds except with regard to the workers'
compensation and employers' liability coverages which shall
contain a waiver of subrogation in favor of the City.
Additional insured and waiver endorsements. shall be
received by Roanoke Risk Management from the insurer
within 30 days of beginning of this contract.
17
.
Event Zone Boundary
f
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38857-062110.
AN ORDINANCE to transfer funds from the Police Asset Forfeiture Grant to the
Police Academy Building project, amending and reordaining certain sections of the 2009-
2010 Capital Projects 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 2009-2010 Capital Projects and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Capital Proiects Fund
Appropriations
Appropriated from Federal Grant Funds
Revenues
Transfer from Grant Fund
Grant Fund
Appropriations
Other Equipment
Transfer to Capital Projects Fund
08-530-9823-9002
$ 129,625
129,625
08"'110-1234-1362
35-640-3304-9015
35-640-3304-9508
( 129,625 )
129,625
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
,
j
City Cler .
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Anita J. Price, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Roanoke Police Academy
Background:
In 1986, Congress authorized the transfer of certain federally forfeited property
to state and local law enforcement agencies that participated in the
investigation and seizure of the property. This Federal Asset Sharing Program
regularly provides the Police Department with funding that must be used for
approved expenditures that enhance the department's ability to provide for the
public safety. One such approved expense type is construction costs for law
enforcement training facilities. The recently completed Roanoke Police Academy
was partially funded with $1.3 million of funding received through the Federal
Asset Forfeiture Program.
During the construction process for the new Police Academy, it was realized
that a significant upgrade to the standard teacher/student learning technology
was desirable and necessary. The advanced technologies selected to address
these needs allow for increased interaction between student and instructor and
allow the academy staff to provide off site learning opportunities that will
enhance the ability of the department to attract outside agencies to participate
in training events and virtual training experiences. The acquisition of these
advanced technologies along with modifications to construction needed to
accommodate these technologies caused an increase in the original
construction budget beyond the appropriated contingency funding and the
appropriated Federal Asset Forfeiture funding. To balance the construction
Honorable Mayor and Members of City Council
June 21,2010
Page 2
budget and complete the purchase of the advanced technologies, an additional
appropriation from the Federal Asset Forfeiture accounts is required.
Recommended Action:
Adopt the accompanying budget ordinance that transfers $129,625 from
Federal Asset Forfeiture account number 35-640-3304-9015 to Police Academy
Building account number 08-530-9823-9002 to provide the required funding.
ristopher P. Morrill
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
CM10-00117
! . ~ :-. {', ,.. f'
"_I. '._" '~."':'1~ I.,l~~/':L,:t"
2
f
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38858-062110.
AN ORDINANCE to transfer funds from E911 Wireless to the E911 Upgrades
project account, amending and reordaining certain sections of the 2009-2010 General
Fund and Department of Technology 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 2009-2010 General Fund and Department of Technology Funds
Appropriations be, and the same are hereby, amended and reordained to read and provide
as follows:
General Fund
Appropriations
Telephone .
Expendable Equipment
Training and Development
Transfer to Department of Technology
Department of Technology Fund
Appropriations
Appropriation from General Revenue
Revenues
Transfer from General Fund
01-430-4131-2020
01-430-4131-2035
01-430,.4131-2044
01-250-9310-9513
13-430-9870-9003
13-110-1234-0951
$( 15,000)
( 66,614)
( 68,486)
150,1 00
150,100
150,100
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Su bject:
Transfer of $1 50,100 into
the City 911 Wireless Account
Background:
The Department of Technology's E-911 Division receives funding from 911
Wireless tax revenue through the Commonwealth of Virginia E-911 Wireless
Services Board. This revenue is distributed monthly based on tax receipts and a
distribution formula established in Code of Virginia 9 56-484.12-17. This
formula distributes revenue based on costs to provide wireless 911 service and
call volume and is recalculated annually. The adopted FY 2009-2010 City's
Wireless E-911 revenue budget is $600,000.
Considerations:
This funding can be used to support operating and capital expenses. City
Council action is needed to approve the transfer of $150,100 of this funding
from the Wireless E-911 budget to support the 911 System Upgrades and
replacement of 911 wireless equipment.
Honorable Mayor and Members of City Council
June21, 2010
Page 2
Recommended Action:
Approve the transfer request of 911 Wireless funds from the following
operating budget accounts; 01-430-4131-2020 (Telephone), $1 5,000, 01-430-
4131-2035 (Expendable Equipment), $66,614 and 01-430-4131-2044 (Training
and Development), $68,486, totaling $150,100 to account 13-430-9870-9067
E-911 System Upgrades.
submitted,
CPM:MKC
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman Stovall, Director of Management and Budget
James Grigsby, Assistant City Manager for Operations
Roy M. Mentkow, Director of Technology
CM10-123
(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38859-062110.
AN ORDINANCE to appropriate fund balance and transfer from School General Fund to
the School Athletics Fund, amending and reordaining certain sections of the 2009-2010 School
General and Athletics 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 2009-2010 School General and School Athletics Funds Appro'priations be, and the same
are hereby, amended and reordained to read and provide as follows:
, ,(
Appropriations
Contra Revenue - Transfer to Athletics Fund
Undesignated Fund Balance
$ 100,000
(1,000,000)
(1,100,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
\ '
,~
/
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JOHN W. BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
June 21, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
School General Fund Budget Revisions
On May 11, 2009, City Council adopted the annual budget for School General, Food
Service and Athletics Funds for the fiscal year beginning July 1, 2009 and ending June
30, 2010. On June 9, 2009, School Board also adopted the 2009-2010 Line Item
Budget for the School General, Food Service and Athletics Funds.
Two items were included within the School Board FY10 adopted budget that have not
been adopted by City Council. Because the legal level of budget adoption is made by
City Council, it is necessary to incorporate these items now.
Roanoke City Schools Administration respectfully requests City Council take the
following actions to approve items included within the FY1 0 budget:
· Appropriate $1.1 million from undesignated fund balance to support the FY10
School General Fund budget. This amount supports various functions and
activities of RCPS in FY10.
· Record a contra-revenue (negative revenue) of $1 million to reflect Roanoke City
Public School's preferred means of presenting its General Fund support of the
School Athletics Fund. Rather than present a transfer to other funds in its
expenditure accounts, RCPS chooses to present a contra-revenue account to
reflect the level of support.
· Increase School General Fund appropriations by $100,000. This amount is the
net effect of the two aforementioned items: the use of fund balance to support
the FY10 General Fund is an increase in appropriations by $1.1 million, and
similar as reported within its revenues, Roanoke City Public Schools elects to
Honorable Mayor and Members of Council
June21,2010
Page 2
present the General Fund support of its Athletic Fund as a contra-expenditure of
$1 million. This reduction in expenditure effectively removes the Athletic Fund
support from the School General Fund.
. For external finanCial reporting purposes, Roanoke City Public Schools will
report Athletics as part of its General Fund. Therefore, while this treatment is
not in accordance with GAAP (Generally Accepted Accounting Principles), it is
not expected to have audit ramifications.
. The action requested in this report will align the Roanoke City Public Schools
General Fund budget previously adopted by City Council with the School Board
adopted General Fund budget of $143,033,454 including the appropriation of
Undesignated Fund Balance.
Recommended Action:
Adopt the accompanying budget ordinance to reflect the appropriation of School
General Fund fund balance and to create contra revenue and contra expenditure
accounts as previously described.
Sincerely,
~W
Ann H. Shawver ~-
Director of Finance
c: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management & Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk .
Cindy H. Poulton, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
June 24, 2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 38859-062110 appropriating
funding from the Federal government for various educational programs, and
amending and reordaining certain sections of the 2009-2010 School 'Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21,2010, and is in full force
and effect upon its passage.
Enclosure
Sincerely,
Jonathan E. cr:~
Deputy City Clerk
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
K:\Agenda CorrespondencelJune 21,20 I OlJune 21,201 O.doc
f
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38860-062110.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments for various educational programs, amending and reordainjng certain sections of
the 2009-2010 School 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 2009-2010 School. Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Technology
Retiree Health Credit
Virginia Retirement System
Health/Oentallnsurance
Group Life Insurance
Payment of Joint Operation - Salem City
Payment of Joint Operation - Roanoke County
Noel C. Taylor Instructional Technology-Series VI
Noel C. Taylor Instructional Technology - Series VII
Noel C. Taylor Instructional Technology - Series IX
Revenues
Federal Grant Receipts
State Grant Receipts
State Grant Funds
State Grant Funds
State Grant Funds
302-110-0000-1070-1670-61100-46650-3-09
302-191-0000-0553-3250-61100-42200-2-01
302-191-0000-0553-3250-61100-42202-2-01
302-191-0000-0553-3250-61100-42204-2-01
302-191 ~0000-0553-3250-611 00-42205-9-01
302-191-0000-0553-3250-61100-47701-9-01
302-191-0000-0553-3250-61100-47701-9-01
302 -280-0000-0553-329A-68400-46650-9-00
302-280-0000-0553-3298-68400-46650-9-00
302-280-0000-0553-3290-68400-46650-9-00
302-000-0000-0000-1670-00000-38027-0-00
302-000-0000-0000-3250-00000-32272-0-00
302-000-0000-0000-329A-00000-321 04-0-00
302-000-0000-0000-3298-00000-32104-0-00
302-000-0000-0000-3290-00000-321 04-0-00
$ 25,000
(327)
(3,539)
(1,335)
(248)
(700)
39,820
26,000
26,000
26,000
25,000
33,671
26,000
26,000
26,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:.
4
City CI
June 21, 2010
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
/'
As a result of official School Board action on June 8, 2010, the Board
respectfully requests City Council approve the following appropriations:
New:
State Operated Programs Staff Development 2009-10
(Juvenile Detention Home)
Revised:
Regional Alternative Education 2009-10
School Instructional Technology Series VI
School Instructional Technology Series VII
School Instructional Technology Series IX
Total New Award
$25,000.00
Additional Award
$33,671.00
$26,000.00
$26,000.00
$26,000.00
The School Board thanks you for your approval of the appropriation
requests as submitted.
Sincerely,
c~~:~
pc: William M. Hackworth
Chris Morrill
Ann Shawver
David B. Carson
Rita D. Bishop
Curt Baker
Margaret Lindsey
Yen Ha (w/qetails)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
r1~
~1L1
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JOHN W, BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
School Board Appropriation Requests
As the result of official School Board action at its June 8th meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this report.
The 2009-10 State Operated Programs Staff Development Uuvenile Detention Home)
grant of $25,000 provides funding for technology items. The equipment includes
laptops and smart boards necessary to provide staff training to instructors at the
Roanoke Valley Juvenile Detention Center. The equipment enables teachers to meet
their instructional goals within the unique environment of the Juvenile Detention
Center. This program will be 100% reimbursed by Federal funds. This is a new
program.
The 2009-10 Regional Alternative Education program grant of $33,671 proVides an
alternative curriculum and training for regional high risk students at the Noel C. Taylor
Learning Academy. The focus of the program is to improve the total self concept of
the student. The additional funding represents the final award allocation and includes
an allotment for Roanoke County Public Schools which joined with Roanoke City's
Regional Program in 2009-10. The program will be reimbursed by State funds. This is
a continuing program.
School Instructional Technology Series VI, VII, and IX grant of $78,000 is provided by
the Virginia Department of Education through the Virginia Public School Authority's
. . r .
sale of equipment notes. These funds are prOVided to support school divisions in
developing and implementing the Standards of Learning (SOL) Web-based Technology
Honorable Mayor and Members of Council
June21,2010
Page 2
Initiative. The increase reflected above appropriates a separate allocation under Series
VI, VII, and IX to support the SOL Technology Initiative at Noel C. Taylor Learning
Academy. The program outlays will be 100% reimbursed by State funds. This is a
continuing program.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
Sincerely,
~~
Ann H. Shawver
Director of Finance
c: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853.1145
E-mail: clerk@roanokeva.gov
JONATHAN E, CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 22, 2010
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
The matter regarding a proposed conveyance of City-owned property to
Rebuilding Together, Roanoke, Inc., designated as Roanoke City Tax Map No.
2212317, being 216- 12th Street, N: W., otherwise known as "the former Fire
Station #5", was continued for further discussion until the regular meeting of
Council on Tuesday, July 6, 2010 at 2:00 p.m.
Sincerely,
Jonathan r:~
Deputy City Clerk
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan S. Lower, Director of Real Estate Valuation
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
{
K:\Agenda CorrespondencelJune 21, 2010IJune 21, 2010.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591.
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
June21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Sale of City-Owned Property
Tax Map#2212317
Former Fire Station #5
Background:
On May 17, 2010, the City Council held a public hearing regarding the disposition
of City Fire Station #5 located at 2161ih Street, Tax Map #2212317 to
Rebuilding Together Roanoke. This station will close with .the opening of the new
fire station at 20th Street, N.W. and Melrose Avenue, N.W.. During the public
hearing the City Council received comment on three proposals received by the
City administration regarding the purchase of the property, as outlined below:
,.
o Mr. Jamie Brads, owner, Blue Ridge Rescue Supply - Initially Mr. Brads
had proposed to acquire the fire station in order to provide a location to
renovate and restore fire equipment and apparatus, and offered
$15,000.00. During the public hearing, Mr. Brads amended his offer to
$25,000.00, and stated that his intentions were to move his .fire gear
cleaning business into the City to be located at the former station.
o Rebuilding Together Roanoke (RTR) - RTR is a non-profitlnon-sectarian
organization which provides support to low-income families and
elderly/disabled homeowners to renovate and repair their homes. RTR
has been a long-time partner with the City and the Roanoke
The Honorable Mayor and City Council
June 21,2010
Page 2
Redevelopment and Housing Authority in community development and
neighborhood improvement projects, and is currently active in the Hurt
Park neighborhood revitalization project. RTR has no current central
location of operation and administration, using multiple locations for
administrative, storage, and operational support. During the public
hearing, seven speakers spoke in support of the RTR proposal to
purchase the former fire station from the City to provide headquarters /
office space for the organization and storage of building materials and
supplies. The RTR offer was initially, and remains, $12,768.00.
o Que House, Inc. / Gamma Alpha Chapter of Omega Psi Phi, Inc. - Que
House, Inc.'s origin,al proposal to the City was to purchase the property in
order to establish a meeting place and office space to plan, implement and
carry out many of its existing philanthropic and community based
programs. Que House has no current permanent location of operations.
The original offer for the property was $10.00. During the public hearing,
three speakers spoke in support of the proposal, and at which time, the
Chapter amended is original offerto $15,000.00.
At the end of public comment, given the absence of one City Council member
and receipt of new information at the public hearing, the Council continued action
on this matter until its June 21,2010 meeting.
Considerations:
As previously discussed with City Council, the disposition of public property is not
an act governed by the Code of Virginia as it pertains to public procurement.
Therefore, while the City Council is not bound to accept the highest financial
offer/proposal, when considering multiple offers, it should weigh the overall
components of the offers received as to which offer is comprehensively in the
City's best interest as referenced by:
o the proposal's relationship to supporting a City initiative or program;
o the proposal's advancement or support of a community
development service or objective;
o the proposal's impact on the City's jobs and/or tax base;
o the proposal's impact on the surrounding neighborhood or its
citizens; and
o the proposal's impact on future City operational costs
Under the Constitution of Virginia, the disposition of public property requires a
public hearing, and an affirmative vote of three-fourths of the Council members.
In this case, with the Mayor abstaining from participation in this matter given his
affiliation with RTR, the fire station property can only be disposed of with the
c
The Honorable Mayor and City Council
June 21,2010
Page 3
unanimous vote of the six remaining City Council members. The public hearing
that was held, and the motion which was tabled, pertained to the sale of the
property to RTR. Should the City Council determine its intent to dispose of the
property to another entity, the City Attorney has advised the administration that
the City Council would need to hold a subsequent public hearing on the proposed
disposition to that potential purchaser.
Respectfully submitted,
{!,b;-~ p ~
Christopher P. Morrill
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community
Development
Rob Ledger, Economic Development Manager
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia. 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
"
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 22, 2010
Beverly T. Fitzpatrick, Jr.
Executive Director
Virginia Museum of Transportation
303 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Dear Bev:
I am enclosing copy of Resolution No. 38861-062110 naming the City owned
Norfolk and Western Class J 611 locomotive the "Spirit of Roanoke."
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21, 2010.
Sincerely,
. //~.
Jonathan E.'~
Deputy City Clerk
Enclosure.
K:\Agenda COlTespondencelJune 21, 20 I OlJune 21, 2010.doc
A\.,
j)'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 71st day of June, 2010.
No. 388&1-062110.
A RESOLUTION naming the City owned Norfolk and Western Class J 611 locomotive
the "Spirit of Roanoke."
WHEREAS, in the 1940's and 50's the motive power section of the Norfolk and Western
Railway Company designed special locomotives of the J Class to power the railroad's passenger
trains, with names like the Cavalier, Pocahontas, Birmingham Special, Tennessean, and the most
famous, the Powhatan Arrow;
WHEREAS, employees in the Roanoke shop's foundry, machine and erecting shops
constructed, assembled, and maintained all fourteen of these locomotives in Roanoke;
WHEREAS, after WWII these locomotives were shrouded with a streamlined design that
distinguished them from all other locomotives around the world, and carried hundreds of
thousands of travelers across the state of Virginia and beyond;
WHEREAS, these locomotives over time, with improvements made by the local Norfolk
and Western Railway Company employees, became the most powerful in the world oftheir class
and are still noted as the most modern stearn locomotives ever constructed;
WHEREAS, the most famous and last remaining example of these locomotives, Class J
611, is owned by the City of Roanoke and resides at the Virginia Museum of Transportation, the
Commonwealth's official transportation museum;
WHEREAS, the Class J 611, the "Mona Lisa" of American steam locomotives, was
completed on May 29, 1950, making this the 60th anniversary of the birth of this legend of
steam;
R-Rename 611 Steam Engine,doc
1
WHEREAS, this locomotive is the finest example of the talents and accomplishments of
thousands of Norfolk and Western employees, whose many years of dedicated work enabled this
icon of Roanoke to run and be restored as an example of our rich railroad heritage in Virginia's
rail heritage region; and
WHEREAS, this locomotive in its travels and while on display in the Virginia Museum
of Transportation is the fmest representative of what Roanoke has contributed to American
transportation as a significant center of rail transportation in the United States.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City
owned Norfolk and Western Class J 611 locomotive is hereby named the "Spirit of Roanoke," in
grateful recognition of its significance to this City, this valley and all of the Commonwealth of
Virginia.
ATTEST:
CiIY{~
I
R-Rename,611 Steam Engine.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
April 20, 2010
Beverly T. Fitzpatrick, Jr.
Executive Director
Virginia Museum of Transportation
303 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Dear Bev:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This will acknowledge receipt of your communication dated
March 16, 2010 addressed to the, Mayor and Members of Roanoke
City Council requesting that the Council name the Class J611, "The
Pride of Roanoke", and to defer formal action on the matter until
after its official birthday celebration.
I am pleased to advise that the Council unanimously concurred in
your request to announce the naming of the Class J611 during the
birthday celebration on May 29, 2010; and to take official action on
the naming of the steam locomotive at a future Council meeting.
let me know if you should have questions, or need additional
information.
Sincerely,
~
Stephanie M. Moon, CMC
City Clerk
rn~2q~
Virginia MuseurTl ofT ransportation, inc.
The Official Transportation Museum for the Commonwealth of Virginia
Mar;cba.~6~<;b€L
RECEIVED
APR 8 ~ 2010
MAYORS OFFICE
The Honorable David A. Bowers and
Members of Roanoke City Council
215 W. Church Ave.
Roanoke, VA 24011
-- --8ear,.".Mayor-,B0wers-and~Membersof Council,
The Virginia Museum of Transportation, Virginia:s, OfficiaL Transportation, Museum,
would like"to request your help. This year, Class J steam locomotive 611, designed and built
in the 'Roanoke Shops of the Norfolk and Western Railway Company, will turn 60 years old.
Its official Birthday is May 29th.
In the realm of steam locomotives it is considered by many to be the Mona Lisa, one
of a kind and the very best ever produced in the United States. Since you are the proud
owners of this classic and this is a very special occasion, the Board of Directors of the
Virginia Museum of Transportation would like ,t~)Jequest that City Council name the Class J
--"._<:r..
611"The Pride dfRoanoke". It embodies so much of what we are as a community and was
a byproduct of thousands of railroad craftsmen who literally designed it, manufactured its
parts, and assembled it right here in the Star City. This naming would be celebrated during
several events planned for this year and would be an incredible help to our tourism efforts.
,..
We would like to keep this confidential until the actual Birthday and would appreciate
your working with us on that detail. Perhaps you could bring this up at a meeting as ou do
the certification with no media present! That way it would be a gra.nd surprise on t e 29th s
we all share in some Birthday cake here at the museum.
...
Ken Lanford, our President; our Board and staff would be so very grateful for your
help in making this happen.
~ ~incetl
t '
Beverly T. Fitzpatrick, Jr. ,,',_,
~xecutive'Director/)j' ..... iJl}' 'IrL' r1) a-~ JZ 7t; 'fJ~-~:~':_--
. '....Aj<<J' Ucr~r..tL iJVVf r -
.' .~ '. '.;- V>1,j'J '/.~<>( . ~~J
t:]&~J t&~. {:"'1/:,,- r~ ~ ~ P
/ ~-
303 NaidkAverue - Roarcke, VA 24016 - 540,342,5670 - 540,342,6898 Ex- \/V\NVV,VrTlt,org
Roanoke's Old Southwest Neiahborhood Receives Two National
Neiahborhood Awards
The Old Southwest neighborhood recently received the Neighborhoods USA
(NUSA) highest national award recognition, "Best Neighborhood Award" at the
recent Neighborhoods USA Conference held on May 27-29 in Little Rock, AR.
The neighborhood also received the First Place award in the Social Revitalization
category for their annual Holiday Parlor Event. In addition to recognition for the
two awards, the organization was presented a cash prize of $1500 by NUSA
President Elton Gatewood. This is the second occasion that Old Southwest, Inc
has been recognized on a national level. In 2008, Old Southwest was awarded a
Second Place award in the Social Revitalization category for their monthly Food
with Friends gatherings.
Melrose-Ruabv Neiahborhood President Receives National "Who's Who in
America" Neiahborhood Award
Ms. Estelle H. McCadden, President of the Melrose Rugby Neighborhood was
honored with the "Who's Who in America" award at the recent Neighborhoods
USA (NUSA) Conference held on May 27-29 in Little Rock, AR. Ms. McCadden
served on the NUSA Board for 13 years and started the Virginia Statewide
Neighborhood Conference 10 years ago. Virginia and Florida are the only two
states in the nation who host their own neighborhood conferences. This year's
Virginia Statewide Neighborhood Conference will be hosted by Roanoke on
September 23-25, 2010 at the Hotel Roanoke & Conference Center.
~'l'~
Alternative Proposal
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st dayof June, 2010.
No. 38862-062110.
AN ORDINANCE authorizing the proper City officials to execute a Deed of Gift of Easement
from the City of Roanoke to t4e Virginia Outdoors Foundation and the Western Virginia Land Trust,
granting to the Foundation and the Trust a conservation easement covering approximately 537.2798
acres on Mill Mountain: and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held June 21,2010, pursuant to ~15.2-1800(B) andg15.2-
1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citiZens were
afforded an opportunity to be heard on the above referenced matter.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of
Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust conveying
approximately 537.2798 acres on Mill Mountain, upon certain terms and conditions, as more
particularly set forth in the June 21,2010, letter of the City Manager to Council.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST: ~.
City Clerk.
\ "
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
June 21, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Mill Mountain
Conservation Easement
The City of Roanoke proposes to grant a conservation easement to the
Virginia Outdoors Foundation and the Western Virginia Land Trust on a
portion of the approximately 568 acre City-owned Mill Mountain property.
Two alternative deeds of gift of easement have been drafted that contain
the same provisions as to restrictions, terms, and conditions related to
the content of the deed and differ only in relationship to the total acreage
of Mill Mountain that is covered by such deed.
The initially proposed deed would cover approximately 539.13 acres of
the mountain. The alternative deed would cover approximately 537.27
acres. The difference in acreage between the two deeds relates to an
approximately two acre portion of the northwest facing summit of Mill
Mountain. The alternative deed would not include this portion of the
mountain summit within the conservation easement area, resulting in a
total of approximately 30.72 acres at the top of Mill Mountain excluded
from the conservation easement. The excluded area in both deeds
generally cOvers the location of the Mill Mountain Zoo, Discovery Center,
the Mill Mountain Star and associated overlooks, and other accessory
functions and uses such as surface parking lots, picnic shelters and the
like located on the mountain summit.
Honorable Mayor and Members of City Council
June 21,2010
Pag e 2
The Deed of Gift of Easement, copies of the two alternatives which are
attached, outlines' the purpose and intent of the easement, and also
contains provisions related to forest management, public and private
roads and utilities, use of property for permitted activities, grading,
blasting and mining, riparian buffers, size of future buildings, structures
and signs, and maintenance of existing structures and features within the
easement area. The deed also outlines the roles and responsibilities of
the City as grantor, and of the Virginia Outdoors Foundation and Western
Virginia Land Trust as grantees. The easement is perpetual as to its
duration. The City Council received a detailed briefing on the content of
the proposed deed of easement during its June 7, 2010, meeting.
Recommendation:
Upon Closing of the public hearing and consideration of comments
received, authorize the City Manager and the City Clerk to execute and
attest, respectively, in a form approved by the City Attorney, a Deed of
Gift of Easement (either the initially proposed or alternative) from .the City ,
of Roanoke to the Virginia Outdoors Foundation and the Western Virginia
Land Trust.
Christopher P. Morrill
City Manager
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steven C. Buschor, Director of Parks and Recreation
CM10-00121
Prepared by: Virginia Outdoors Foundation
1108 E. Main St., Suite 700, Richmond, VA 23219, as revised by the City of Roanoke
TAX MAP NOs.:4050306, 4060505, 4070507, 4070521, 4081201, 4160106, 4160107, 4170203, 4180102,
4180103,4470101,4480101, and 4360101
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Sections 58.1-811 (A) (3),58.1-811 (D) and 10.1-1803
and from Circuit Court Clerk's fee under Section 17.1-266
THIS DEED OF GIFT OF EASEMENT (this "Easement"), made this _ day of
,2010, by and among the CITY OF ROANOKE, VIRGINIA ("Grantor") the
VIRGINIA OUTDOORS FOUNDATION (VOF), an agency of the
COMMONWEALTH OF VIRGINIA, and the WESTERN VIRGINIA LAND TRUST, a
Virginia non-profit non-stock corporation (WVL T), ("Grantees") (the designations
"Grantor" and "Grantees" refer to the Grantor and Grantees and their respective
successors and assigns),
RECITALS:
R-l Grantor is the owner in fee simple of real property situated in the City of
Roanoke, Virginia, containing in the aggregate 568.0058 acres as further described below
and desires to give and convey to Grantees a perpetual conservation and open-space
easement over approximately 537.2798 acres of this property (the "Property") as herein
set forth; and
R-2 VOF is a governmental agency of the Commonwealth of Virginia and a "qualified
organization" and "eligible donee" under Section l70(h)(3) ofthe Internal Revenue Code
of 1986, as amended (and corresponding provisions of any subsequent tax laws) (IRC)
and Treasury Regulation S1.l70A-14(c)(1), and is willing to accept a perpetual
conservation and open-space easement over the Property; and
R-3 WVL T is a charitable corporation exempt from taxation pursuant to IRC S
501(c)(3) and a "qualified organization" and "eligible donee" under IRC S170 (h)(3), as
amended, (and corresponding provisions of any subsequent tax laws) (IRC) and Treasury
Regulation S 1.170A-14( c )(1) and is willing to accept a perpetual conservation and open-
space easement over the Property; and
R-4 The Virginia Conservation Easement Act, Chapter 10.2 of Title 10.1, SSlO.1-1009
through 10.1-1016 of the Code of Virginia, authorizes a charitable corporation,
association or trust exempt from taxation, pursuant to 26 U.S.c.A. 501 (c)(3) to hold a
non-possessory interest in real property for the purposes of retaining or protecting natural
or open-space values of real property and WVL T qualifies. as such a charitable
corporation; and
R-5 Chapter 461 of the Acts of1966, codified in Chapter 17, Title 10.1, Sections 10.1-
1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open-Space Land
Act"), provides "that the provision and preservation of permanent open-space land are
necessary to help curb urban sprawl, to prevent the spread of urban blight and
deterioration, to encourage and assist more economic and desirable urban development,
to help provide or preserve necessary park, recreational, historic arid scenic areas, and to
conserve land and other natural resources" and authorizes the acquisition of interests in
real property, including easements in gross, as a means of preserving open-space land;
and
R-6 Pursuant to Sections 10.1-1700 and 10.1-1703 of the Open-Space Land Act,. the
purposes of this Easement include retaining and protecting open-space and natural
resource values of the Property, and the limitation on division, residential construction
and commercial and industrial uses contained in Section II ensures that the Property will
remain perpetually available for forest or open-space use, all as more particularly set
forth below; and
R-7 Chapter 525 of the Acts of 1966, Chapter 18, Title 10.1, Sections 10.1-1800
through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the
Commonwealth to encourage preservation of open-space land and authorizes the Virginia
Outdoors Foundation to hold real property or any estate or interest therein for the purpose
of preserving the natural, scenic, historic, scientific, open-space and recreational lands of
the Commonwealth; and
R-8 As required under Section 10.1-1701 of the Open-Space Land Act, the use of the
Property for open-space land conforms to the City of Roanoke Comprehensive Plan
adopted on August 20, 2001, and the Property is zoned "Recreation and Open Space" and
is designated a Recreation and Open Space District on the city's future land use map; and
R-9 This open-space easement in gross constitutes a restriction granted in perpetuity
on the use which may be made of the Property, and is in furtherance of and pursuant to
the clearly delineated governmental conservation policies set forth below:
(i) Land conservation policies of the Commonwealth of Virginia as set forth in:
a. Section 1 of Article XI of the Constitution of Virginia, which
states that it is the Commonwealth's policy to protect its atmosphere, lands and waters
from pollution, impairment, or destruction, for the benefit, enjoyment, and general
welfare of the people of the Commonwealth;
b. The Open-Space Land Act cited above;
c. Chapter 18, of Title 10.1" Sections 10.1-1800 through 10.1-1804
of the Code of Virginia cited above;
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d. The Virginia Land Conservation Incentives Act, Chapter 3 of
Title 58.1, Sections 58.1-510 through 58.1-513 of the Code of Virginia cited above,
which supplements existing land conservation programs to further encourage the
preservation and sustainability of the Commonwealth's unique natural resources, wildlife
habitats, open spaces and forest resources;
e. Grantees' formal practices in reviewing and accepting this
Easement. Grantees have engaged in a rigorous review, considered and evaluated the
benefits provided by this Easement to the general public as set forth in these recitals, and
concluded that the protection afforded the open-space character of the Property by this
Easement will yield a significant public benefit and further the open-space conservation
objectives of Grantees and the Commonwealth of Virginia. Grantor believes that such
review and acceptance of this Easement by Grantees tends to establish a clearly
delineated governmental conservation policy as required under IRC Section
170(h)( 4)(A)(iii);
(ii) Land use policies of the City of Roanoke as delineated in:
a. The Vision 2001-2020 Comprehensive Plan, adopted by City
Council on August 20, 2001 to which plan the restrictions set forth in this Easement
conform and which contains the following:
EC Pl. Parks and recreation. Roanoke will develop, maintain, and
manage parks and recreation facilities that enhance the City's and
the region's quality of life.
EC P3. View sheds. Roanoke will protect steep slopes, ridgetops, and
view sheds within the City as important environmental and scenic
resources and will cooperate regionally to protect such resources
located outside of the City.
P6. Cultural and historic resources. Roanoke will support, develop;
and promote its cultural resources. Roanoke will identify, preserve,
and protect its historic districts, landmark features, historic
structures, and archaeological sites.
EC P7. Blue Ridge Parkway. Roanoke will protect the Blue Ridge
Parkway and the spur within the City from development.
b. The vision set forth in the Mill Mountain Park Management
Plan, adopted by City Council as a component of the comprehensive plan on February 1,
2006, to which plan the restrictions set forth in this Easement conform and which
contains the following objectives:
Mill Mountain will continue to enrich the quality of life for those who live in,
work in, and visit the Roanoke Valley. It is an integral component of the green
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infrastructure ofthe region, of our urban fabric, and of the evolution ofthe City, that
shall be honored and preserved. Through sound stewardship, Mill Mountain will offer
environmentally sensitive educational, recreational, and civic opportunities while
preserving its natural character and resources.
R-IO The Property is comprised of approximately 537.2798 acres of mostly forested
mountain land with significant topographic variation in Virginia's Blue Ridge
physiographic province, and is adjacent to the summit of Mill Mount~in at 1,740 feet
above sea level; and
R-ll The Property comprises a large portion of Mill Mountain Park, a publicly-
accessible park located in the City of Roanoke and owned and managed by the City of
Roanoke; and
R-12 The Property and Mill Mountain Park dominate much of Roanoke's southern
horizon as seen from numerous places in the Roanoke metropolitan area, including highly
travelled public roads, neighborhoods, and dowiltown Roanoke; and
R-13 The Property and Mill Mountain Park provide substantial outdoor recreation
opportunities to citizens of both Roanoke and the Commonwealth, with approximately
ten (10) miles ofrunning, hiking, and mountain biking trails open to the public; and
R-14 The Property is adjacent to the Mill Mountain Star (an illuminated, 100 foot-tall
neon star built in 1949 listed on both the National Register of Historic Places and the
Virginia Landmarks Register), Mill Mountain Star Overlook, Mill Mountain Discovery,
Center, and Mill Mountain Zoo, which are all important tourist attractions to the Roanoke
Valley; the Easement protects the viewshed of the mountainsides for the scenic
enjoyment of travelers to these destinations; and,
R-15 The Property lies in close proximity to the Roanoke River, which according to the
Virginia Department of Conservation and Recreation Division of Natural Heritage,
sustains rare natural communities and animals, and the provisions set forth in this deed,
including the protection of ridges, steep slopes and feeder streams, and limits on new
roads and construction will serve to protect these elements from degradation; and
R-16 The Property is visible from the Appalachian National Scenic Trail and the Blue
Ridge Parkway and significantly contributes to the scenic views enjoyed by the public
therefrom; and
R-17 Portions of the Property are significantly visible from Interstates 81 and 581,
numerous state and US highways, and other heavily-travelled roads within the City of
Roanoke and Roanoke County; and
R-18 This Easement will yield significant public benefit to the citizens of the
Commonwealth as set forth in these recitals and in Section I below; and
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R-19 Grantor and Grantees desire to protect in perpetuity the conservation values of the
Property as specified in Section I by restricting the use of the Property as set forth in
Section II; and
R-20 Grantees have determined that the restrictions set forth in Section II (the
Restrictions) will preserve and protect in perpetuity the conservation values of the
Property and will limit use of the Property to those uses consistent with, and not
adversely affecting, the conservation values of the Property and the governmental
conservation policies furthered by the Easement; and
I
R-21 VOF, by acceptance of this Easement, designates the Property as property to be
retained and used in perpetuity for the preservation and provision of open-space land
pursuant to the Open-Space Land Act.
NOW, THE~FORE, in consideration of the foregoing recitals incorporated
herein and made a part hereof and in consideration of the mutual covenants herein and
their acceptance by Grantees, Grantor does hereby give, grant and convey to Grantees a
conservation and open-space easement in gross (Easement) over, and the right in
perpetuity to restrict the use of, the Property, which is described below and consists of
537.2798 acres located in the City of Roanoke, Virginia, to-wit:
All those certain parcels of real property located in the City of Roanoke, Virginia
known as a portion of Mill Mountain Park and designated as Tax Parcel Numbers
4050306,4060505,4070507,4070521,4081201, 4160106, 4160107, 4170203, 4180102,
4180103, 4470101, 4480101, and 4360101, comprising a total of 537.2798 acres, as
shown on the "Plat Showing Property of the City of Roanoke, Virginia, #4050306,
#4060505, #4070507,#4070521,#4081201,#4160106,#4160107,#4170203,#4180102,
#4180103, #4470101, and #448010,24,715,292 S.F. (567.3850 AC.) and Tax #4360101,
27,041 S. F. (0.6208 AC.) Situated on Mill Mountain, City of Roanoke, Virginia," dated
May 10, 2010, consisting of 8 sheets, prepared by Lumsden Associates, P. C., and
recorded simultaneously herewith in Map Book _, Pages ----, not including Tax
Parcel Numbers 4050308 and 4050309 and the 1,338,425 square feet (30.7260 acres)
identified on the aforedescribed plat as the "Property of the City of Roanoke Not
Included in Conservation Easement," this plat being herein referred to as Exhibit A, and
to be recorded simultaneously herewith.
As the Property consists of more than one parcel for real estate tax or any other
purpose, it shall be considered one parcel for purposes of this Easement, and the
restrictions and covenants of this Easement shall apply to the Property as a whole.
SECTION I -PURPOSE
The purpose of this Easement is to preserve and protect the conservation values
of the Property in perpetuity by imposing the restrictions on the use of the Property set
forth in Section II and providing for their enforcement in Section III. The conservation
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values of the Property are described in the above recitals, are documented in the
Documentation Report described in Section IV below and include the Property's open-
space, scenic, natural, historic, educational and recreational values and its value as land
preserved for rural uses such as forestry and open space. Pursuant to the Virginia Land
Conservation Foundation's (VLCF's) Conservation Value Review Criteria the further
purpose of this Easement is preservation of land for forestal use, historic preservation,
natural resource-based outdoor recreation or education, and preservation of scenic open
space.
SECTION II - RESTRICTIONS
Restrictions are hereby imposed on the use ofthe Property pursuant to the public policies
set forth above. The acts that Grantor covenants to do and not to do upon the Property,
and the restrictions that Grantees are hereby entitled to enforce, are and shall be as
follows:
1. DIVISION. The Property (which currently consists ofthirteen (13) separate tax
parcels, which are considered one Property for purposes of this Easement) shall
not be separately conveyed (in combinations or further subdivisions of the current
parcels) as more than five new (5) parcels. Grantor shall give Grantees written
notice prior to making any division of the Property. In the event of a division of
the Property as provided in this Paragraph 1, the grantor making the conveyance
retains the right to make any further permitted divisions of the Property, unless
any permitted divisions are allocated likewise by that grantor in the instrument
creating the division or other recorded instrument.
Boundary line adjustments with adjoining parcels of land are permitted and shall
not be considered separate conveyanceS ofportions ofthe Property or divisions or
subdivisions of the Property, provided that Grantees approve such adjustments
and they are made party to any deed creating a boundary line adjustment, and at
least one of the following conditions is met:
(i) The entire adjacent parcel is subject to a recorded open-space easement held
by either Grantee; or
(ii) The entire adjacent property is owned by the Western Virginia Water
Authority, National Park Service, or successor organizations; or
(iii) The proposed boundary line adjustment shall have been reviewed and
approved in advance by the Board of Trustees of VOF and the Board of Trustees
ofWVLT.
In the event that a permitted division of the Property requires a road or street
dedication, such dedication shall not be considered a separate conveyance of a
portion of the Property or a division or subdivision of the Property.
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2. BUILDINGS, STRUCTURES, ROADS, AND UTILITIES.
(i) No buildings, structures, roads or, utilities, other than the following, are
permitted on the Property:
(a) Buildings and Structures. Buildings and structures that serve the
purposes listed in Section II Paragraph 3 below, which buildings and structures
shall not exceed an aggregate of 20,000 square feet of above-ground enclosed
area without Grantees' prior review and written approval which approval shall
take into consideration the impact of the proposed increase in permitted square
footage on the scenic and other conservation values of the Property. Such
buildings and structures shall not individually exceed 1,500 square feet of above-
ground enclosed area without Grantees' prior review and written approval which
approval shall take into consideration the impact of the size, height and siting of
the proposed building or structure on the scenic and other conservation values of
the Property. Buildings and structures currently existing on the Property shall be
counted in the permitted aggregate square feet bf above-ground enclosed area.
Grantor shall give Grantees thirty (30) days' written notice before beginning
construction or enlargement of any buildings or structure on the Property larger
than 1,500 square feet of above-ground enclosed area. In the event of division of
the Property as provided in Section II, Paragraph 1, permitted above-ground
enclosed square footage shall be allocated among the parcels in the instrument
creating the division or other recorded instrument. For the purposes of this
easement~ "above-ground enclosed area" refers to a building's enclosed interior
square footage, including the individual enclosed building's footprint as well as
the sum of any other above-ground enclosed floor areas, and does not include
associated parking or road areas;
(b) Roads. Private roads to serve permitted buildings , private roads to
parcels created by permitted divisions of the Property, public roads required to be
constructed in conjunction with permitted divisions or subdivisions of the
Property, . and roads with permeable surfaces for other permitted uses, such as
outdoor recreation or forestry, provided that Grantees determine that the
construction of such roads will not impair the conservation values of the Property
and give prior written approval of such construction, which approval shall not be
withheld unreasonably;
(c) Utilities. Public or private utilities to serve permitted buildings or
structures and public or private utilities to serve parcels created by permitted
divisions of the Property. Public or private utilities to be constructed in whole or
in part to serve other properties shall not cross the Property unless Grantees
determine that the construction and maintenance of such utilities will not impair
the conservation values of the Property and give their prior written approval for
such construction and maintenance, which approval shall take into consideration
the visibility and other impact of such utilities on the conservation values of the
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Property. Grantor reserves its separate rights to approve such public or private
utilities.
(ii) Grantor shall have the right to construct new buildings, structures, roads, and
utilities permitted in Section II, Paragraph 2 (i) above and to repair, maintain,
renovate and replace all new and existing permitted buildings, structures, roads,
and utilities on the Property, within the limitations set forth in this Easement.
(iii) To protect the scenic values of the Property, no building or structure larger
than 500 sq~are feet in above-ground enclosed area and no structure larger than
500 square feet of ground surface area shall be constructed within the "Scenic
Protection Area" without Grantees' approval, which approval shall take into
account the impact of the scenic conservation values of the Property. The "Scenic
Protection Area" is defmed as the portions of Tax Map Parcels 4050306,
4060505, and 4160107 which fall within the boundaries of the Property as
described on Exhibit A.
(iv) No building or structure shall exceed twenty-five (25) feet in height, provided
that in the Scenic Protection Area, no building or structure shall exceed fifteen
(15) feet in height, unless permitted in writing by Grantees, which permission
shall not be withheld unreasonably.
3. PERMITTED USES OF THE PROPERTY. The following activities are the
only activities permitted on the Property:
(i) nature education and related activities of nonprofit organizations and.
educational institutions, public recreation (including, but not limited to, horseback
riding, camping, hiking, and bicycling) and facilities aQd uses accessory thereto,
and trails for the same;
(ii) forestry;
(iii) small-scale incidental commercial operations related to activities set forth in
(i) and (ii) above that Grantees approve in writing as being consistent with the
conservation purpose of this Easement;
(iv) processing and sale of products produced on the Property as long as no
additional buildings are required;
(v) temporary or seasonal outdoor activities that do not permanently alter the
physical appearance of the Property and that do not diminish the conservation
values of the Property herein protected; and
(vi) activities that can be and in fact are conducted within permitted buildings
without material alteration to their external appearance.
4. MANAGEMENT OF FOREST. Best Management Practices, as defmed by the
Virginia Department of Forestry, shall be used to control erosion and protect
water quality when any timber harvest (other than those in the following
paragraph) or land-clearing activity is undertaken. All material timber harvest
activities on the Property shall be guided by a Forest Stewardship Management
Plan approved by Grantees. A pre-harvest plan consistent with the Forest
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Stewardship Management Plan shall be submitted to Grantees for approval thirty
(30) days before beginning any material timber harvest, which approval shall be
limited to determination of whether or not the pre-harvest plan is in compliance
with the Forest Stewardship Management Plan and is consistent with the purpose
of this Easement. Without limiting the foregoing requirement regarding
submission of pre-harvest plans, Grantees shall be notified thirty (30) days prior
to the clearing of over ten (10) acres of forestland for conversion into grassland or
open space or in association with the construction of permitted buildings.
In order to protect scenic conservation values of the Property, no commercial
timbering shall occur within the "Scenic Protection Area" described above
without Grantees' prior review and written approval which approval shall take
into consideration the impact of the proposed timbering on the conservation
values listed in Section 1.
Neither a Forest Stewardship Management Plan nor a pre-harvest plan shall be
required for the following permitted non-commercial activities: (i) cutting of trees
for the construction of permitted roads, utilities, buildings and structures, (ii)
cutting of trees for trail clearing, creation and maintenance, (iii) cutting of trees
for firewood, or for other similar small scale uses of Grantor, (iv) removal of trees
posing an imminent hazard to the health or safety of persons or livestock, (v)
removal of invasive species, or (vi) the removal of trees for the purpose of
maintaining scenic views to and from the Property and adjacent public lands and
structures, including; but not limited to, s,cenic overlooks on Mill Mountain and
the Mill Mountain Star.
5. RIPARIAN BUFFER. To protect water quality, riparian buffer strips shall be
maintained as follows:
A 35-foot buffer strip shall be maintained along each edge of all intermittent
streams as measured from the tops of the banks and as shown on the Garden City
and Roanoke USGS Topographic Quadrangle Maps.
(i) Within the buffer strips there shall be (a) no buildings or other substantial
structures constructed, (b) no storage of compost, manure, fertilizers, chemicals,
machinery or equipment, (c) no removal of trees except removal of invasive
species or removal of dead, diseased or dying trees, or trees posing a threat to
human or livestock health or safety, and (d) no plowing, cultivation, filling, or
other earth-disturbing activity, except as may be reasonably necessary for the
activities set forth in Section II, Paragraph 5(ii) below.
(ii) Notwithstanding the foregoing, permitted within the buffer strips are (a)
wetland or stream bank restoration, or erosion control, pursuant to a government
permit, (b) fencmg along or within the buffer strips, (c) construction and
maintenance of stream crossings for pedestrians, livestock and vehicles that
minimize obstruction of water flow, (d) creation and maintenance of trails with
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unimproved surfaces, (e) planting of non-mvaSlVe speCIes, and (f) dam
construction to create ponds.
(iii) Should the streams meander or change course naturally, the buffer strips shall
remain the same width, but move relative to the movement of the streams. In such
event, any buildings or structures that were outside of the original buffer strips
and are determined to be within the new buffer strips shall not be considered in
violation of these restrictions and may be maintained at such locations.
6. GRADING, BLASTING, FILLING AND MINING. Grading, blasting, filling,
or earth removal shall not materially alter the topography of the Property except
for (i) darn construction to create ponds, (ii) wetlands or stream bank restoration
pursuant to a government permit, (iii) erosion and sediment control pursuant to an
erosion and sediment control plan, (iv) as required in the construction of
permitted buildings, structures, roads, and utilities or (v) as required in the
maintenance of overlooks and other structures on adjacent public land with
Grantees' approval. Best Management Practices, in accordance with the Virginia
Erosion and Sediment Control Law, shall be used to control erosion and protect
water quality in such construction. Grading, blasting, filling, or earth removal in
excess of one acre for the purposes set forth in subparagraphs (i) through (iv)
above require thirty (30) days' prior notice to Grantees. Generally accepted
agricultural activities shall not constitute a material alteration. Surface mining,
subsurface mining, dredging on or from the Property, or drilling for oil or gas on
the Property is prohibited.
7. SIGNAGE. Display ofbillboards, signs, or other advertisements is not permitted
on or over the Property except to: 0) state the name and/or address of the owners
of the Property, (ii) advertise the sale or lease 0 f the Property, (iii) advertise the
sale of goods or services produced incidentally to a permitted use of the, Property,
(iv) provide notice necessary for the protection ofthe Property, (v) give directions
to visitors, (vi) recognize historic status or participation in a conservation
program, or (vii) provide interpretive or wayfmding information. Signs visible
from outside the Property shall not individually exceed thirty-six (36) square feet
m SIze.
SECTION III "- ENFORCEMENT
1. RIGHT OF INSPECTION. Representatives of Grantees may enter the Property
from time to time for purposes of inspection (including photographic
documentation of the condition of the Property) and enforcement of the terms of
this Easement after permission from or reasonable notice to Grantor or Grantor's
representative, provided, however, that in the event of an emergency, entrance
may be made to prevent, terminate or mitigate a potential violation of these
restrictions with notice to Grantor or Grantor's representative being given at the
earliest practicable time. .
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2. ENFORCEMENT. Grantees have the right to bring an action at law or in equity
to enforce the Restrictions contained herein. This right specifically includes the
right (i) to require restoration of the Property to its condition at the time of the
donation or to its condition prior to the violation, provided that such prior
condition was in compliance with the Restrictions set forth herein; (ii) to recover
any damages arising from non-compliance; and (iii) to enjoin non-compliance by
ex parte temporary or permanent injunction. If the court determines that Grantor
failed to comply with this Easement, Grantor shall reimburse Grantees for any
reasonable costs of enforcement, including costs of restoration, court costs and
attorney's fees, in addition to any other payments ordered by the court. Grantees'
delay shall not waive or forfeit its right to take such action as may be necessary to
ensure compliance with this Easement, and Grantor hereby waives any defenses
of waiver, estoppel or laches with respect to any failure to act by Grantees.
Notwithstanding any other provision of this Easement, Grantor shall not be
responsible or liable for any damage to the Property or change in the condition of
the Property (i) caused by fIfe, flood, storm, Act of God, governmental act or
other cause outside of Grantor's control or (ii) resulting from prudent action taken
by Grantor to avoid, abate, prevent or mitigate such damage to or changes in the
condition of the Property from such causes.
SECTION.JV -DOCUMENTATION
Documentation retained in the office of Grantees including, but not limited to, the
Baseline Documentation Report ("Documentation Report"), describes the condition and
character ofthe Property at the time of the gift. The Documentation Report may be used
to determine compliance with and enforcement of the terms of this Easement; however,
the parties are not precluded from using other relevant evidence or information to assist
in that determination. Grantor has made available to Grantees, prior to donating this
Easement, documentation sufficient to establish the condition of the Property at the time
ofthe gift. The parties hereby acknowledge that the Documentation Report contained in
the file,S of Grantees is an accurate representation of the Property.
SECTION V - GENERAL PROVISIONS
1. DURATION. This Easement shall be perpetual. It is an easement in gross that
runs with the land as an incorporeal interest in the Property. The covenants,
terms, conditions and restrictions contained in this Easement are binding upon,
and inure to the benefit 0 f, the parties hereto and their successors and assigns, and
shall continue as a servitude running in perpetuity with the Property. The rights
and obligations of an owner of the Property under this Easement terminate upon
proper transfer of such owner's interest in the Property, except that liability for
acts or omissions occurring prior to transfer shall survive transfer.
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2. PUBLIC ACCESS. Although this Easement will benefit the public as described
above, nothing herein shall be construed to convey to the public a right of access
to, or use of the Property. Grantor retains the exclusive right to control such
access and use, subject to the terms hereof.
3. TITLE. Grantor covenants and warrants that Grantor has good title to the
Property, that Grantor has all right and authority to grant and convey this
Easement and that the Property is free and clear of all encumbrances (other than
restrictions, covenants, conditions, and utility and access easements of record or
shown on the survey plat (Exhibit A) described herein) including, but not limited
to, any mortgages or deeds oftrust not subordinated to this Easement.
4. ACCEPTANCE. Acceptance of this conveyance by Grantees is authorized by
Yirginia Code Sections 10.1-1801 and 10.1-1010 and is evidenced by the
signature of a Deputy Director of YOF, by authority granted by its Board of
Trustees and by the signature of the Executive Director of WVLT, by authority
granted by its Board of Trustees.
5. INTERACTION WITH OTHER LAWS. This Easement does not permit any
use of the Property which is otherwise prohibited by federal, state, or local law or
regulation. Neither the Property, nor any portion of it, shall be included as part of
the gross area of other property not subject to this Easement for the purposes of
determining density, lot coverage or open-space requirements under otherwise
applicable laws,. regulations or ordinances controlling land use and building
density. No development rights that have been encumbered or extinguished by
this Easement shall be transferred to any other property pursuant to a transferable
development rights scheme, cluster development arrangement or otherwise.
6. CONSTRUCTION. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor ofthe grant to
effect the purposes of the Easement and the policy and purposes of Grantees. If
any provision of this Easement is found to be ambiguous, an interprefation
consistent with the purpose of this Easement that would render the provision valid
shall be favored over any interpretation that would render it invalid.
Notwithstanding the foregoing, lawful acts or uses consistent with the purpose of
and not expressly prohibited by this Easement are permitted on the Property.
7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. This Easement
Shall be referenced by deed book and page number, instrument number or other
appropriate reference in any deed or other instrument conveying any interest in
the Property. Failure of Grantor to comply with this requirement shall not impair
the validity of the Easement or limit its enforceability in any way.
8. NOTICE TO GRANTEES AND GRANTOR. For the purpose of giving notices
hereunder the current address ofYOF is Capitol Place Building, 1108 East Main
12
Street, Suite 700, Richmond, Virginia 23219, and the address of WVLT is 722
First St. SW, Suite L, Roanoke, VA 24016 and any notice to Grantor shall be
given to the Roanoke City Manager, R~)Om 364 Municipal Building, 215 Church
Avenue, Roanoke VA, 24011. Failure to comply with this requirement shall not
impair the validity ofthe Easement or limit its enforceability in any way.
Grantor agrees to notify Grantees in writing (i) before exercising any
reserved right that Grantor believes may have an adverse effect on the
conservation or open-space values or interests associated with the Property (the
purpose of requiring such notice is to afford Grantees an adequate opportunity to
monitor such activities to ensure that they are carried out in a manner consistent
with the purpose ofthis Easement; such notice shall describe the proposed activity
in sufficient detail to allow Grantees to judge the consistency of the proposed
activity with the purpose of this Easement); and (ii) at or prior to closing on any
inter vivos transfer, other than a deed of trust or mortgage, of all or any part of the
Property.
9. _ MERGER. Grantor and Grantees agree that in the event that Grantees, or either
of them, acquire a fee interest in the Property, this Easement shall not merge into
the fee interest, but shall survive the deed and continue to encumber the Property.
10. ASSIGNMENT BY GRANTEES. Grantees may not transfer or convey this
Easement unless Grantees condition such transfer or conveyance on the
requirement that (1) all restrictions and conservation purposes set forth in this
Easement are to be continued in perpetuity and (2) the transferee then qualifies as
an eligible donee as defmed in Section 170(h)(3) of the IRC as amended and the
applicable Treasury Regulations.
12. GRANTEES PROPERTY RIGHT. Grantor agrees that the donation of this
Easement gives rise to a property right, immediately vested in Grantees, with a
fair market value that is equal to the proportionate value that the perpetual
conservation restriction at the time of the gift bears to the value of the Property as
a whole at that time.
13. EXTINGUISHMENT, CONVERSION, DIVERSION. Grantor and Grantees
intend that this Easement be perpetual and acknowledge that no part of the
Property may be converted or diverted from its open-space use except in
compliance with the provisions of Section 10.1-1704 of the Open-Space Land Act
which does not permit extinguishment of open-space easements or loss of open
space. Nevertheless, should an attempt be made to extinguish this Easement, such-
extinguishment can be made only by judicial proceedings and only if in
compliance with Section 10.1-1704.
14. AMENDMENT. Grantees and Grantor may amend this Easement to enhance the
Property's conservation values or add to the restricted property, provided that no
amendment shall (i) affect this Easement's perpetual duration, (ii) conflict with or
13
~-- -- --_.~.._--,.;- .--..----..----. -.-.- -----_.- -.- - --- -.'- --,- .~.'--- -,,-~- .. -'- -----_.~. ---,-~.- -
be contrary to or inconsistent with the conservation purpose of this Easement, (iii)
reduce the protection of the conservation values. No amendment shall be
effective unless documented in a notarized writing executed by Grantees and
Grantor and recorded among the land records ofthe City of Roanoke, Virginia.
15. SEVERABILITY. If any provision of this Easement or its application to any
person or circumstance is determined by a court of competent jurisdiction to be
invalid, the remaining provisions of this Easement shall not be affected thereby.
16. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the
parties with respect to this Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the easement.
17. CONTROLLING LAW. The interpretation and performance of this Easement
shall be governed by the laws of the Commonwealth of Virginia, resolving any
ambiguities or questions of the validity of specific provisions in order to give
maximum effect to its conservation purpose.
18. RECORDING. This Easement shall be recorded in the land records in the
Circuit Court Clerk's Office of the City of Roanoke, Virginia, and Grantees may
re-record it any time as may be required to preserve their rights under this
Easement.
19. COUNTERPARTS. This Easement may be executed in one or more counterpart
copies, each ofwhich, when executed and delivered shall be an original, but all of
which shall constitute one and the same Easement. Execution of this Easement at
different times and in different places by the parties hereto shall not affect the
validity 0 f the Easement.
WITNESS the following signatures and seals:
[Counterpart signature pages follow]
14
[Counterpart signature page 1 of3]
Grantor
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
The foregoing instrument was acknowledged before me this _ day of
,2010 by
Notary Public
(SEAL)
My commission expires:
Registration No.
15
[Counterpart signature page 2 of3]
Accepted:
VIRGINIA OUTDOORS FOUNDATION,
By:
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
The foregoing instrument was acknowledged before me this day of
, 2010 by , a Deputy Director of the
Virginia Outdoors Foundation.
Notary Public
(SEAL)
My commission expires:
Registration No.
16
[Counterpart signature page 3 of3]
Accepted:
WESTERN VIRGINIA LAND TRUST,
By:
Executive Director, Western Virginia Land Trust
COMMONWEAL TH OF VIRGINIA,
CITY ICOUNTY OF
, TO WIT:
The foregoing instrument was acknowledged before me this day of
, 2010 by , Executive Director, Western
Virginia Land Trust.
Notary Public
(SEAL)
My commission expires:
Registration No.
17
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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1
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
12195879
NPH-Mill Mountain Co
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~~pia. Sworn and subscribed before me this
_~D~_day of JUNE 2010. Witness my hand and
official seal.
~-A-
--r/T
Notary Public
PUBLISHED ON:
06/11
TOTAL COST:
FILED ON:
287.04
06/11/10
----------------------------~~--------------------+---------~--------------
(12195879)
Authorized
Signature:
-Q..
NOTICE OF PUBLIC
HEARING
The City of Roanoke
Iproposes to grant a
conservation easement to
the Virginia Outdoors
(FOundation and the
rWestern Virginia Land Trust
; covering approximately 539
,acres situated on Mill
:Mountain in the City of
IRoanoke. The easement
Iconsists of,Tax Parcel Nos.
,4050306, 4060505,
;4070507, 4070521,
,4081201, 4160106,
14160107, 4170203,
4180102, 4180103,
4470101, 4480101, and
4360101, but not including
an area consisting of
1,257,497 square feet
(28.8682 acres) on the top
of Mill Mountain, as shown
on plats dated May 10,
2010, prepared by
Lumsden Associates, P.C,
Ci,ty Council will also
consider an easement of an ..
alternative size, consisting
r-- ,
of approximately 537 acres,
not including an areal
consisting of 1,338,425'
square feet (30.7260 acres)-
on the top of Mill Mountain,
as shown on plats dated
May 10, 2010, prepared by
I' Lumsden Associates, P.C,
Copies of these,plats are
II available f, or inspection in
the Office of the City Clerk,
Room 456; Noel C, Taylor
Municipal Building, 215
Church Avenue, S.W"
Roanoke, Virginia,
Pursuant to the
requirements off
~~15,2-1800 and
15,2-1813, Code of Virginia
(1950) as amended, notice
is hereby given that the City
Council of the City of
Roanoke will hold a public
hearing on the above
matter at its regular
meeting to be held on
Monday, June 21, 2010,
commencing at 7:00 p,m.,
in the Council Chambers,
4th Floor, Noel C, Taylor
Municipal Building, 215
Church Avenue, S,W"
Roanoke, Virginia, Further
information, including the
proposed deed of
easement, is available from
the Office of the City Clerk
for the City of Roanoke at
(540) 853-2541.
Citizens shall have the
opportunity to be heard and
- express their opinions on
this matter. I
If you are a person with ai
disability who needs'
accommodations for this
hearing, please contact the I
City Clerk's Office at (540)
853-2541, before 12:00
noon on Thursday, June 17"
2010. ' ,
GIVEN under my hand this i
8th day of June,,2010.
, 'Steph'anle M. Moon
City Clerk
'lling Services Representative
~~~
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to grant a conservation easement to the Virginia Outdoors
Foundation and the Western Virginia Land Trust covering approximately 539 acres situated on Mill
Mountain in the City of Roanoke. The easement consists of Tax Parcel Nos. 4050306, 4060505,
4070507,4070521,4081201,4160106,4160107,4170203,4180102,4180103,4470101,4480101,
and 4360101, but not including an area consisting ofl,257,497 square feet (28.8682 acres) on the top
of Mill Mountain, as shown on plats dated May 10, 2010, prepared by Lumsden Associates, P.e.
City Council will also consider an easement of an alternative size, consisting of approximately 537
acres, not including an area consisting of 1,338,425 square feet (30.7260 acres) on the top of Mill
Mountain, as shown on plats dated May 10, 2010, prepared by Lumsden Associates, P. e. Copies of
these plats are available for inspection in the Office of the City Clerk, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
Pursuant to the requirements of ~~15.2-1800 and 15.2-1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, June 21, 2010,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., Roanoke, Virginia. Further information, including the proposed deed of
easement, is available from the Office ofthe City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, June 17,2010.
GIVEN under my hand this ~th day of June
,2010.
Stephanie M. Moon
City Clerk
K:\Mitt Mountain Conservation ~asement 20 1 O\public hearing notice for conversation easement. doc
Notice to Publisher:
Publish once in the Roanoke Times on, Friday, June 11,2010.
K:\Nolices\2010VuneVune 21st\NPH-Mill Mountain Conservation Easemenl.doc
Send bill and affidavit to:
Stephanie M. Moon, CMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
.'
6,1.
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 21, 2010
7:00 P.M.
B. PUBLIC HEARINGS
1 . Proposal of the City of Roanoke to grant a conservation easement to
the Virginia Outdoors Foundation and the Western Virginia Land Trust on
a portion of the approximately 56B-acre City-owned Mill Mountain
Property.
Statement of Council Member Rupert Cutler
Mayor and colleagues:
As you know, I am a professional wildlife biologist. I have devoted my life
to saving wilderness and protecting wildlife habitat. In years past I have led
campaigns to pass the national Wild Rivers Act, add millions of acres of federal
land to the National Wilderness Preservation System, and win the return of the
gray wolf to the Yellowstone ecosystem. More recently, I was the founding
executive director of the Roanoke-based Western Virginia Land Trust. I have
served for eight years as a trustee of the Virginia Outdoors Foundation, a state
agency that holds over 3,000 easements on 600,000 acres of now-protected
open space in our Commonwealth including our own municipal watershed at
Carvins Cove.
I say this to put my position on the proposed Mill Mountain conserVation
easement into context. No one can say in truth that I do not love nature or that I
wish to harm the Mill Mountain ecosystem.
I strongly support our adoption of the Mill Mountain conservation
easement identified as the "Alternative Proposal" which provides for a deed of gift
of easement to the Virginia Outdoors Foundation and the Western Virginia Land
Trust to protect the undeveloped 537-acre majority portion of our 56B-acre Mill
Mountain Park from adverse development in the future.
There is a difference of less than two acres between the "Alternative
Proposal" and the "Original Proposal." Those two acres-an attractive grassy
swale with some trees, adjacent to the paved walkway from the Discovery Center
to the secondary overlook on the summit-has become the focal point of a
disagreement because an informal group called Valley Forward identified that
location as a possible site for a restaurant. The plan was "run up the flagpole,"
very few people saluted, and the proposal has no official standing. Yet, the
concern remains that something may be built there.
Those who oppose the restaurant idea are urging us to adopt the so-
called "Original Proposal" boundary that includes the two-acre site because they
are convinced that our doing so will prevent future construction there. Let me
address that notion.
Under the terms of either easement, buildings and structures individually
exceeding 1,500 square feet in size can be built within the land under
conservation easement with the prior review and written approval of the boards
of trustees of the Virginia Outdoors Foundation and the Western Virginia Land
Trust. Those two bodies would have to conclude that such construction would
not impair the conservation value of the property. They could do that.
A conservation easement is not a wilderness designation. Conservation
easements are designed to have some flexibility to allow for unforeseen future
needs. Conservation easements are written specifically to exclude known plans
to widen nearby roads, railroads, and utility rights of way. The proposal to build
on this two-acre tract, though it has no official standing, is the same kind of issue.
The land trusts are not interested in being parties to a controversy that should be
resolved by the local elected officials on Roanoke City Council.
With respect to the incline-reconstruction right of way issue, it is my
opinion that neither land trust board would be enthusiastic about including a
provision allowing for such construction. In my view, we should be able to learn
from experience and not build another "white elephant" public works project that
the City would end up footing the bill for. I see no reason to make a change in
the easement to allow for an incline. I recommend that public transit access to
the Mill Mountain summit be provided by buses or rubber-tired trolleys from
parking lots on Reserve Avenue on days when high attendance at the zoo or
other summit event is anticipated, just as we provide shuttle service to the Civic
Center for sell-out events.
I urge my colleagues to vote for the "Alternative Proposal" without
amendment.
Thank you.
Final 8:38 a.m. 21 June 2010
MA VOR BOWERS and Members of Roanoke City Council:
My name is: Whitney Feldmann and I live at 2932 Lockridge Road.
!
:1' am here this evening representing Mill Mountain Garden Club which has a
oniqu~ interest in the conservation of Mill Mountain Park. In 1971, at the behest
-"- - - \
of Roanoke City MMGC established and continues to maintain the Wildflower
Garden that sits between the Discovery Center and the Zoo. More than 50,000
club member hours of work have cultivated, nurtured and expanded this treasure.
Therefore, our Club has adopted a resolution in support of the conservation
easement.
A copy of the following letter dated June 15, 2010 was mailed to each of you. It
states as follows:
. ,'. '"
June 15,2010
Dear Members of the Roanoke City Council:
The membership of the Mill Mountain Garden Club recently adopted a resolution in
support of a Conservation Easement on the slopes and sides of Mill Mountain Park.
The Resolution states as follows:
BE IT RESOL VED:
MILL MOUNTAIN GARDEN CLUB URGES ROANOKE CITY COUNCIL TO APPROVE A
CONSERVATION EASEMENT ON THE SLOPES AND SIDES OF MILL MOUNAIN PARK
EXCLUDING THOSE AREAS OF THE MOUNTAIN TOP THAT ARE CURRENTLY'
DEVELOPED.
MMGC was founded in 1927 and currently has 90 members. It is affiliated with the
state-wide Garden Club of Virginia and the national Garden Club of America. Our
Club's stated purpose is "to restore, improve and protect the quality of the
environment...in t~e fields of conservation, civic improvement and horticulture." In
addition, MMGC, at the behest of the City of Roanoke, established and maintains the
Wildflower Garden on the summit of Mill Mountain. The Wildflower Garden has
received The Founder's Fund Award, a national award from the Garden Club of
America, in recognition of its educational and conservation value. The garden has
walking paths and is open free to the public throughout the year. It clearly coincides
with the Mill Mountain Park Management Plan that cites the prevailing sentiment of
our citizens to preserve the natural park land of the mountain as well as the original
intent of the Fishburn Family when they transferred the property to the City, as
expressed in the deeds that the land was to be:
"forever preserved, improved and maintained for the use and pleasure of the people
of the City of Roanoke, Virginia and vicinity as a public park".
Therefore, we urge City Council to support the grant of a Conservation Easement as
proposed in our resolution.
Thank You.
Respectively,
Anne Jennings
President, MMGC
Whitney Feldmann
Conservation Co Chair
Janet Frantz
Conservation Co Chair
~ ~WJLLlS~ ..,.L r1
. ~uA ff-' I
Good evening, Mayor Bowers and other distinguished members of
this Council. First, thank you for the consideration of, and
hopefully approval of, the conservation easement on most of the
acreage of Mill Mountain Park. Secondly, I want to advocate for
inclusion in the easement the approximately 3 steeply sloped acres
on the summit, the boundary known as the blue line.
Everyone who has opinions about this easement and its boundaries
wants the same thing for Roanoke - a thriving, progressive city of
the new economy, a place widely known for our quality of life.
The question of the hour is whether the possibility of commercial
development - ever - on the summit of Mill Mountain Park can be
a tool in support of this shared vision. I join many other citizens
who support the blue line in saying NO, that commercial
development in our flagship city park will never support that
VISIon.
Mill Mountain Park is our best public green space, and the summit
is the best of the best, a remarkable amenity for any city to have. It
is our responsibility not to squander it through magical thinking
It is magical thinking that tries to convince you and other citizens
that allowing for commercializing a public park's mountain
summit is reflective of a bold vision or a progressive identity.
It is magical thinking that speculative development in city park
space can ever benefit our citizens or define our city in a positive
manner. There have been over 40 commercial development
proposals for Mill Mountain's summit over the past 100 years or
so. Only one ever came to fruition, the romanticized Rockledge
Inn, which was an abysmal business failure. Trying to re- frame
that failure into something worthy of replication is a product of the
worst kind of magical thinking.
There are those who will support their magical thinking, and try to
engage you to join them in magical thinking, by telling a tired old
story designed to induce fear. That story is that those who want
the blue line boundary are just opposed to change, or that we
should be dismissed as an odd, dated, and aging minority who are '
out of touch with demographic and fiscal reality.. Wrong! We've
done our homework. We know that progressive cities of the new
economy place the highest value on their green space, and they
expand it whenever possible, and they protect their green space
because they recognize it as an attracting amenity, a resource that
is not to be squandered. A commercial presence can happen
anywhere, but a mountain summit cannot be re-created.
After over 100 attempts, and one collossal failure, it's time to
accept that commercial development simply is not viable or right
for the summit of Mill Mountain Park. I encourage you to take the
bold action, the forward-thinking ac;tion, the change-oriented
action in a world that gobbles and de-values green space. I ask you
to refuse to be seduced by magical thinking. I ask you to approve
the blue line easement boundary.
~-
<'
Mayor Bowers and Members of Council,
I appear before you now as a citizen with 17 years of continuous active involvement
with the development and conservation of Mill Mountain, and as an attorney with 27
years' experience in real estate and land use. I oppose the use of an easement to
manage the public lands on Mill Mountain.
First, the easement affects only the slopes of Mill Mountain, which have almost never
been the subject of proposed development, but offers no protection at all for the
summit, which has been and will continue to be a magnet for the latest and greatest
new idea. The easement will therefore do nothing to stop future controversy
surrounding development of the mountain. Instead, it will simply add another layer of
arguments.
In future decades and centuries, in addition to arguing about the meaning of the
restrictions of the Fishburn grant, the Mill Mourltain Park Management Plan, and the
City's zoning ordinance, we will add controversy over the meaning of undefined terms
used in the proposed easement, such_ as: "small-scale incidental commercial
operations," "processing and sale of products produced on the Property/' "temporary or
seasonal outdoor activities/' and "material timber harvest."
Second, in my opinion, it is fundamentally poor management of public lands for one
government to give land to another government agency to protect ourselves from
ourselves. In perpetuity; we will spend state tax dollars to pay the Virginia Outdoor
Foundation and the Western Virginia Land Trust to police our use of Mill Mountain, just
to be sure that we're not cheating on ourselves.
Finally, This is one of the few actions this Council can take that is simply irreversible. If
the community unanimously agreed that it was a perfect idea to install an incline, or to
remediate the non-sanitary landfill on the northeast slope of Mill Mountain, or to place
some improvement that hasn't yet been invented, too bad. If we didn't think about it,
or imagine it,and include it in this document, it can't ever be done.
I urge you not, to support this easement, at least not in its current form. More
information, thought and public input needs to be brought into this process to avoid an
outcome that we will regret. Perhaps not 50 or 75 years from now, but 100 years or 500
years from now.
"
.'
Mayor Bowers and Members of Council}
It is my privilege to appear before you now one final time as Chair of the Mill
Mountain Development Committee. As I have previously communicated to you}
the members of the Committee voted} 6-2} to support generally the concept ofa
conservation easement 'on the slopes of Mill Mountain. The memb~rs of the
Committee also voted} 5-3} in favor of the UOriginalJl easement} the larger area
that would include the approximately 2.8 acres that has been recently proposed
for development.
ffiOvvj O'Sh~
Statement for City Council about Mill Mountain
June 21,2010
Mary Bishop, 2311 Kipling St. SW, Roanoke 24018/540/343-5080
I have a footnote to add to the discussion about Mill Mountain.
Roanoke was blessed in 1907 and again in 1928 when pioneering
American urban planner John Nolen visited our city. He drew up
elaborate designs for how Roanoke could capitalize on its natural
beauty.
Nolen, of Cambridge, Massachusetts, was a visionary, a national treasure
who advised many of our nation's great cities. He urged Roanoke to
preserve the banks of the Roanoke River and to create a riverside park
system very much like today's greenways. In all the cities evaluated by
Nolen, he urged the Uadequate control of private development"
Here in Roanoke, he said it was "urgent" that we protect Mill Mountain.
He called it Uthe sentinel that overshadows the city."
"It is imperative," Nolen wrote in 1907, "that the people possess this
mountain, both for recreation purposes and because of its direct
relation to the Crystal Spring and the city's water supply.
uThere is an opportunity," he went on, "to make of it a public park that
will rival in beauty, charm and value tMt. Royal' in Montreal, known as
one of the best works of Frederick Law Olmsted." (Olmsted, the father of
landscape architecture, had been one of Nolen's teachers at Harvard.)
Roanoke was a very young city in 1907. But Nolen assured our leaders
that it was not an ordinary place. "Because of the rich gifts of nature it
may possess a system of parks and pleasure grounds that will raise it
permanently and securely beyond most cities of its class."
And so here we are today. We can't know this, of course, but if he were
back among us, I'll bet John Nolen would be here rallying for the blue
line. As am I.
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of June, 2010.
No. 38863-062110.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of a 3.0 acre portion of City-owned property, otherwise know as
Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, upon
certain terms and conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on June 21, 2010, pursuant to 9915.2-1800(B)
and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, the necessary documents, providing for the
conveyance of a 3.0 acre portion of City-owned property; otherwise know as Buena Vista
Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, for the purchase
price of $75,000.00, upon certain terms and conditions, and as more particularly stated in the
City Manager's letter to this CoUncil dated June 21, 2010.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
, //~
. tJNtHJI City c1er'::7'O
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Sale of a 3 Acre City-Owned
Property ~ Former Buena
Vista Center
Background:
Scott and Ascension Horchler have submitted a proposal to purchase a
three-acre parcel of City-owned property fronting approximately 373 feet
along the southern line of Morningside Street, S.E., which contains the
former Buena Vista Recreation Center. The offer is $75,000, which is less
than its appraised value of $250,000, which was based on the property's
former use as a recreation center. However, this does not take in to
account a projected cost to restore the building which was performed in
2003 by Spectrum Design. Estimated cost of repairs was over $285,000.
In present 2010 dollar value, based on the Consumer Price Index, the
total cost for the same repairs would be over $335,000. Given the
proposed change in use of the property and the fact that it has been
marketed for sale for some period of time, staff recommends acceptance
of this offer.
A sales contract has been developed which would convey the property to
the Horchlers under certain terms and conditions, as well as authorize
conveyance of an easement to the Horchlers across City~owned property
for ingress and egress between the three-aCre parcel to be conveyed and
Penmar Avenue.
Honorable Mayor and Members of CitY Council
June21,2010
Pag e 2
Purchaser agrees to develop and use the Property in conformance with
the following restrictions;
· The Property shall be used primarily as a single-family residence,
but may be used for other uses as permitted by the zoning of the
property
· Any renovations to the Property shall be undertaken in
conformance with standards appropriate to its status as a National
and Virginia Historic Landmark.
· The building on the property known as Buena Vista shall not be
demolished or removed, in whole or in part, without the prior
approval of Seller.
· The Property shall not be subdivided or sold in fee other than as a
single parcel, without the prior approval of Seller.
· In the event that Purchaser has not commenced renovations to the
Property in an amount of at least $75,000.00, within twelve (12)
months of Closing, Seller shall have the right to demand that the
Purchaser convey the Property back to Seller. In such event,
Purchaser shall deed the Property back to Seller free and clear of all
liens and seller shall return the Purchase Price to Purchaser. In such
event, Seller shall be entitled to a deduction for reasonable rent for
the time that Purchaser owned the property, and a deduction for
any damages that may have been caused the Property. Utilities and
taxes shall be prorated as of the date of the reconveyance of the
Property to Seller.
The purchasers having prior experience in historic restorations and
having undertaken some initial due diligence regarding the condition of
the property, met with the Southeast Action Forum on Wednesday, June 2,
2010, to introduce themselves, outline their plans for the property and to
answer questions from the community. In addition, the purchasers have
extensively researched the history of the property with the assistance of
Virginia Departments of Historic Resources and other local sources of
historic information.
The Property is zoned Recreation and Open Space (ROS) as defined by the
City of Roanoke Zoning Ordinance. As such, use of the property
contemplated by Purchaser, such as using the property for single family
\'
Honorable Mayor and Members of Gity Council
June 21,2010
Pag e 3
residential use, or such as hosting wedding receptions, and other such
events, will require an amendment to the Zoning Ordinance and the
Zoning Map. Closing is contingent upon Purchaser successfully having
the property rezoned.
Disposition of this property at the offered value to the' Horchlers will
relieve the City of current and future cost of maintenance to this
structure, and result in the rehabilitation of the property and placement
in a taxable status. Proceeds from the sale will be deposited into the
Economic and Community Development Reserve.
Recommended Action:
Authorize the City Manager to execute a sales contract, substantially
similar in form to the one attached, and any other appropriate
documents, approved as to form by the City Attorney, necessary to
transfer three acres and the former Buena Vista Center to Scott and
Ascension Horchler for $75,000, and conveyance of an easement to the
Horchlers across City-owned property for ingress and egress between the
three-acre parcel to be conveyed and Pen mar Avenue.
fully submitted,
1Z
Christopher P. Morrill
City Manager
CPM/c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director of Real Estate Valuation
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
CM10-00118
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This Agreement for Purchase and Sale of Real Property ("Aareement") is made
this _day of , 2010, by and between the CITY OF ROANOKE, a
Virginia municipal corporation ("Seller") and Scott and Ascension Horchler, husband
and wife, 2911 Winterfield Road, Midlothian, Virginia 23113,j"Purchaser").
WHEREAS, Seller is the owner in fee simple of certain real property and
improvements thereon located in the City of Roanoke, Virginia, described on the
attached Exhibit 1 (the "Property").
WHEREAS, Seller is desirous of selling the Property and Purchaser is desirous
of purchasing the Property.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) cash in
hand paid by Purchaser to Seller, receipt of which is hereby acknowledged, and the
mutual promises hereafter set forth and other good and valuable consideration, the
receipt and sufficiency of which is also hereby acknowledged, the parties hereto,
intending to be fully and legally bound, hereby agree as follows:
1. DEFINITIONS. As used in this Agreement unless the context otherwise
requires or it is otherwise herein expressly provided, the following terms shall
have the following meanings:
A. "Effective Date" shall mean the date of the last signature of a party hereto.
B. "Prooertv" shall mean the lot or parcel of land consisting of approximately
3.0 acres and improvements thereon, as the same is described as Lot "A"
on Exhibit 1 attached hereto, ("Property"), together with a twenty (20) foot
wide easement for ingress and egress to the Property across City of
Roanoke Tax Parcel No. 4130501 to Penmar Avenue; as shown on the
plat of subdivision described and referenced in Exhibit 1.
C. "Purchaser" shall mean Scott and Ascension Horchler, husband and wife,
2911 Winterfield Road, Midlothian, Virginia 23113.
D. "Purchase Price" shall mean $75,000.00.
E. "Seller" shall mean the City of Roanoke, Virginia with an address at: 364
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011,
with a copy of any notices sent to Seller sent to William Hackworth, City'
Attorney, 464 Municipal Building, 215 Church Avenue, SW, Roanoke,
Virginia 24011. .
F.' "Settlement" and/or "Closina" shall mean the consummation of the sale
and purchase provided for in this Agreement to occur as provided in
Paragraph 9 hereof.
2. PURCHASE AND SALE. The Seller agrees to sell and convey and the
Purchaser agrees to purchase the Property upon the terms set forth
hereinafter.
3. PURCHASE PRICE AND PAYMENT.
The Purchaser shall pay Seventy-five Thousand and 00/100 Dollars
($75,000.00) in cash at Settlement, in addition to other closing costs
attributable to Purchaser.
4. DEFAUL T/TERMINATION
Purchaser shall have the right, until all contingencies set forth in Paragraph 7
below have been satisfied, to notify Seller of its election to terminate this
Agreement and neither party shall have any further rights against the other
arising out of this Agreement.
5.
REPRESENTATIONS AND WARRANTIES OF SELLER.
represents and warrants to the Purchaser as follows:
The Seller
A. The title to the Property is, and at Settlement will be, marketable and good
of record and in fact, free and clear of all liens, encumbrances or leases,
except those (i) to be removed at or prior to Settlement; and (ii) agreed to
prior to Settlement and which shall be permitted exceptions ("Permitted I
Exceptions"). Title will otherwise be free of covenants, conditions,
restrictions and will be insurable at standard title insurance company rates
at the title company chosen by Purchaser. To the best of the knowledge
of Seller, there are no title conditions adversely affecting title insurability.
The Property is also sold "subject to" such state of facts as an accurate '
survey of the Property would disclose.
B. The Seller is the fee simple owner of the Property and has all necessary
authority to sell the Property. There are no other contracts for sale or
options involving the Property. There are no leases affecting the Property.
The Property is being sold in its lias is" condition at the time of sale. There
are no eminent domain or condemnation proceedings pending against the
Property, and Seller has no knowledge of such proceedings or of any
intentions or plans definite or tentative that such proceedings might be
instituted. There are no actions or suits in law or equity or proceedings by
any governmental agency now or pending or, to the knowledge of Seller,
threatened against Seller in connection with the Property. There is no
outstanding order, writ, injunction or decree of any court or governmental
agency affecting the Property.
C. The Property is zoned Recreation and Open Space (ROS) as defined by
the City of Roanoke Zoning Ordinance. As such, some of the uses of the
Property contemplated by Purchaser, such as using the property for
residential uses and any commercial use, such as hosting wedding
receptions, parties, and other such events, will require an amendment to
the Zoning Ordinance and the Zoning Map. Closing is contingent upon
Purchaser successfully having the property rezoned.
D. In the event any of the representations, warranties, additional
undertakings of Seller in this Agreement and/or other responsibilities of
the Seller, as set forth in this Agreement, are not accurate and cannot be
or are not ratified or fulfilled prior to Settlement, then the Purchaser shall
have the right at its sole option, to take any or none of the following
actions: (i) waive the inaccurate, unratified or unfulfilled representation,
warranty', additional undertakings and/or responsibility of Seller, and
proceed with Settlement hereunder, provided, however, that such waiver
shall be in writing, or (ii) terminate this Agreement, whereupon all rights
and responsibilities hereunder shall be null and void, and neither party
shall have any further obligation hereunder.
E. Under penalty of law, Seller is not a "foreign person" as contemplated in
Section 1445 of the IntemaJ Revenue Code, as amended. Seller agrees
to execute at Settlement an affidavit in the form required by the Internal
Revenue Service to exempt Purchaser from any withholding requirements
under Section 1445.
6. REPRESENTATIONS AND WARRANTIES OF PURCHASER. The Purchaser
represents and warrants to Seller that the Purchaser has the financial ability to
purchase the Property.
7. ADDITIONAL UNDERTAKINGS OF THE PARTIES.
A. The Seller shall give to the Purchaser and their designated agents' and
representatives full access to the Property during normal business hours
throughout the Study Period as defined in paragraph 7. B, including the
right, at the Purchaser's own risk,cost and expense, to cause its agents or
representatives to enter upon the Property for the purpose of making
surveys or soil boring, engineering, water, sanitary and storm sewer,
utilities, topographic and other similar tests, investigations or studies and
to perform such other studies as the Purchaser may desire, provided that
the Purchaser, at its expense, restores the Property to its prior condition to
the extent of any changes made by its agents or representatives in the
event it does not purchase the Property. The Seller shall furnish to the
Purchaser during such periods .all information conceming the Property,
which the Purchaser may reasonably, request and which is in the
possession of Seller. Purchaser indemnifies and agrees to hold Seller
harmless and defend the Seller from claims for damages to Seller or its
agents caused by the actions of Purchaser or its agents in the course of
conducting the studies described under this paragraph.
B. At Settlement, the Seller agrees to execute, acknowledge and deliver to
the Purchaser a special warranty deed ("Deed") in proper form for
recording, conveying the Property to the Purchaser free and clear of all
conditions, restrictions, liens, encumbrances or agreements except for the
Permitted Exceptions.
C. The Seller agrees to give possession and occupancy of the Property on
the date of Settlement, free and clear of any and all leases or other rights.
D. Seller agrees to deliver the following to the Purchaser at Settlement:
1) The fully executed Deed.
2) Any other documents reasonably required by title insurance company
or Purchaser.
E. Purchaser agrees to develop and use the Property in conformance with
the following restrictions, which restrictions shall be set forth in the Deed
and survive closing:
1) The Property shall be used primarily as a single-family residence, but
may be used for other uses as permitted by the zoning of the property.
2) Any renovations to the Property shall be undertaken in conformance
with standards appropriate to its status as a National and Virginia Historic
Landmark.
3) The building on the property known as Buena Vista shall not be
demolished or removed, in whole or in part, without the prior approval of
Seller.
4) The Property shall not be subdivided or sold in fee other than as a
single parcel, without the prior approval of Seller.
5) In the event that Purchaser has not commenced renovations to the
Property in an amount of at least $75,000.00, within twelve (12) months of
Closing, Seller shall have the right to demand that the Purchaser convey
the Property back to Seller. In such event, Purchaser shall deed the
Property back to Seller free and clear of all liens and seller shall return the
Purchase Price to Purchaser. In such event,. Seller shall be entitled to a
deduction for reasonable rent for the time that Purchaser owned the
property, and a deduction for any damages that may have been caused
the Property. Utilities and taxes shall be prorated as of the date of the
reconveyance of the Property to Seller.
8. CONDITIONS PRECEDENT (CONTINGENCIES) TO THE OBLIGATIONS
OF PURCHASER TO SETTLE. The obligations of the Purchaser to settle
upon the Property pursuant to the provisions of this Agreement shall be
subject to all of the following conditions:
A. The representations and warranties of the Seller set forth in this
Agreement shall be true and correct on and as of the Settlement as
though such representations and warranties were made on and as of such
date.
B. Purchaser shall have sixty (60) days from the Effective Date, or the date
that all information and data and the copies of all documents to be
provided hereunder are in fact provided to Purchaser by Seller, whichever
occurs last, ("Studv Period") to complete the studies described in
Paragraph 6 and to determine in its sole discretion that the condition of the .
Property is satisfactory for the intended use of Purchaser. In the event
that the Purchaser is not so satisfied for any reason whatsoever, at any
time prior to the expiration. of the Study Period, and Purchaser has
advised the Seller in writing of its inteAtion not to proceed to Settlement
under the terms of this Agreement, then, in such event, this Agreement
shall automatically be deemed to be terminated.
9. SETTLEMENT. The Settlement shall be held at the offices of the Roanoke
City Attorney on a date which is no later than thirty (30) days after the
contingencies contained in this Agreement are met or satisfied in their
entirety, or at an earlier date at the option of Purchaser. Time is of the
essence in this Agreement.
10. TENDER OF SETTLEMENT. The delivery to the Seller by the Purchaser of
the Purchase Price, and by Seller to the Purchaser of, the executed Deed
together with all other documents and instruments required to be delivered by
either party to the other by the terms of this Agreement shall be deemed to. be
a good and sufficient tender of performance of the terms hereof.
11. SETTLEMENT OBLIGATIONS OF THE PARTIES. The cost of title
examination and recording taxes payable in connection with the recording of
the deed shall be paid by Purchaser. Other settlement costs shall be charged
as is customary in Virginia. Each shall pay fees charged to them and as
agreed upon by them with their attorney. Utilities will be prorated as of
Settlement.
12. RISK OF LOSS AND CONDEMNATION. Risk of loss shall be born by Seller
prior to Settlement. However, in the event of any damage to the Property
prior to Settlement, the Purchaser shall have the election to close as required
hereunder without diminution in the Purchase Price and with the assignment
by Seller of all its interest in payments for damage to the Property.
13. ENTIRE AGREEMENT. The Recitals and Exhibit and documents referred to
therein are hereby incorporated into this Agreement. No change or
modification of this Agreement shall be valid unless the same is in writing and
signed by the parties hereto. No waiver of any of the provisions of this
Agreement or other agreements referred to herein shall be valid unless in
writing and signed by the party against whom it is sought to be enforced. This
Agreement contains the entire agreement between the parties relating to the
purchase and sale of the Property, and all prior negotiations between the
parties are merged in this Agreement, and there are no promises,
agreerTIents, conditions, undertakings, warranties, or representations, oral or
written, expressed or implied, between them other than as herein set forth.
14. GOVERNING LAW. Notwithstanding the place where this Agreement may be
executed by any of the parties hereto, the parties expressly agree that all
terms and provisions hereof shall be construed and enforced in accordance
with the laws of the Commonwealth of Virginia as now adopted or as may be
hereafter amended. .
15. SURVIVAL. The representations, warranties, covenants, agreements,
development restrictions and indemnities set forth in this Agreement shall
survive the Settlement under this Agreement and the execution and delivery
of any deed shall. not be merged therein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed this _ day of , 2010.
PURCHASER:
Scott and Ascension Horchler
Scott Horchler
Ascension Horchler
Commonwealth of Virginia
City/County of
Subscribed and sworn before me this _ day of
,2010, by Scott
Horchler.
(Sea/)
Notary Public
My Commission Expires:
Commonwealth of Virginia
City/County of
Subscribed and sworn before me this _ day of
,2010, by Ascension
Horchler.
(Seal)
Notary Public
My Commission Expires:
Commonwealth of Virginia
City/County of
SELLER:
CITY O'F ROANOKE
BY:
City Manager
Subscribed and sworn before me this _ day of
P. Morrill, City Manager.
(Seal)
, 2010, by Christopher
Notary Public
My Commission Expires:
EXHIBIT 1
DESCRIPTION OF REAL PROPERTY
That parcel identified as "Lot 'A' 3.0000 ACRES" on the Plat of Survey Showing the
Resubdivision of the "Rogers Reservation" Property Owned by the City of Roanoke and
Creating Hereon Lot "A" (3.0000 Acres) and Lot "B" (9.9425 acres) Located on Penmar
Ave., S. E., and in the City of Roanoke, Virginia, which Lot "A" will have the street
address of 1325 Morningside Street, S. E., together with a 20-foot wide ingress and
egress easement across Lot "B'," providing access to Lot "A" from Pen mar Avenue, S.
E., as shown on the aforedescribed plat, which plat is to recorded simultaneously with
the deed in the office of the Clerk of the Circuit Court for the City of Roanoke.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
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OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
DEVELOPMENT
REFERENCE:
80084300
12187180
Property
NPH-Sale of
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publi~her of the Roanoke Times, a daily
newspaper published in Roanoke, in the. SLate of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~inia. Sworn and subscribed before me this
__11~day of JUNE 2010. Witness my hand and
official seal.
otary Public
PUBLISHED ON:
06/11
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FILED ON:
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signature:_f~_~__
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NOTICE OF PUBLIC "
HEARING
The City of Roanoke'
proposes to convey a 3,0
acre portion of City-owned
pfoperty bearing Tax Map
No. 4130501 along with a
20 foot wide ingress and
egress across the remaining
portion of Roanoke City Tax
Map No. 4130501, being a
portion of the former Buena
Vista Center, to Scott and
Ascension Horchler,
Pursuant to the
requirements of
~~15.2-1800(B) and 1813,
Code of Virginia (1950), as
amended, notice is hereby
given that the City Council
of the City of Roanoke will
hold ,a public hearing on the '
above matter at its regular
meeting to be held on
Monday, June 21,2010,
commencing at 7:00 p,m"
or.as soon thereafter as the
mattef niay be heard, in the
Council Chambers, 4th
Floor, Noel C, Taylor
Municipal Building, 215 '
Church Avenue, S.W"
Roanoke, Virginia, 24011.
Further information is
available from the Office of
, the City Clerk for the City of
Roanoke at (540)
'I' 853-2541,
Citizens shall have the
I opportunity to be heard and
express their opinions on
said matter,
If you are a person with a
disability who needs,
accommodations for this i
hearing, please contact the
: City Clerk's Office at (540)
,853-2541, before 12:00
inoon on Thursday, June 17,
,2010.
: GIVEN under my hand this
~5th day of May, 2010,
StephanieM, Moon
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" ...../~,'.:,',,' '.~':-~~"'-"'''''
'2.-2187180) . ;
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Billing Services
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NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey a 3.0 acre portion of City-owned property bearing
Tax Map No. 4130501 along with a20 foot wide ingress and egress across the remaining portion of
Roanoke City Tax Map No. 4130501, being a portion ofthe former Buena Vista Center, to Scott and
. Asc.ension Horchler.
Pursuant to the requirements of SS15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, June 21, 2010,
commencing at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers,
4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011.
Further information is available from the Office ofthe City Clerk for the City of Roanoke at (540)
853-2541.
Citizens shall.have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, June 17,2010.
GIVEN under my hand this '2.5tldayof May
,2010.
Stephanie M. Moon
City Clerk
Notice to Publisher:
Publish once in the Roanoke Times on, Friday, June 11,2010.
Se'nd affidavit to:
Stephanie M. Moon, CMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill and affidavit to:
Economic Development Administrator
J 17 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
\ \
The Place Beneath The Star
l S.L... Roo..noK~')
As I gaze upon that mountain with its star so beauty bright.
You can see its shining colors of red blue & white.
Beneath this mount of grandeur is a place that so austere.
When you look around its streets forlorn it may even bring a
tear.
Houses from times gone by that were uniquely made, having
stood the test of time throughout the years have stayed.
A place time has forgotten with some homes that once were
fair but through the years have fallen to a state of disrepair.
When you walk along it's byways you can travel back in time
with its homogeneous people living there of different kinds.
In our park there is the Big House with its special stately frame
but when you look upon its countenance it brings a sense of
shame.
But an era of revival have begun to reemerge, our
neighborhood is changing for the better than for the worse.
A little band of people that are of one accord, have purposed in
their hearts and minds to make a dream go forward.
Changes are a coming to our home beneath the star; things are
looking brighter with what's been done thus far.
May our star forever brightly burn throughout the evening sky
and may it lift our spirits to the place that is on high; a shining
light that all can see a light of hope for you and me, for our home
beneath the star.
~
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CM
"~.'''-"-' ACT ION FOR U M
~~-"~;">;-~~<;;"::':.~_ ;~<f-<", ,''-:, .
._;;:~, ~....~
1015 Jamisonjlvenue srE (j@anok.!, 'Va. 24013
June 21, 2010
City Manager, Chris Morrill
City Mayor, David Bowers
City Council Members
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building
Roanoke, VA 24011
Dear Mr. Morrill, Mr. Bowers and City Council,
As the President of the South East Action Forum, I am writing to give our groups official
comments on the sale of the Buena Vista Mansion. I appreciate that you rescheduled the public
hearing so that residents that work would be able to attend.
First, after meeting the Horchlers and getting a chance to ask their plans for the Buena Vista
Mansion, the SEAF members would like to support their effort to purchase the mansion. Our
hope is that they will be good stewards and good neighbors for the SE community. We also
would like to be kept in the loop of information in regards to whether the Horchlers are
following through with the conditions of the sales contract. We believe it is important to
monitor the progress of the renovations to insure that this community asset is restored and not
let to continue to deteriorate.
Next, our members would like express how sad we are to see a community asset that has been
utilized by the public for decades pass into the private sector, largely due to neglect. We
understand that today we are faced with major budget constraints, however Buena Vista has
been neglected for many years not just the last few. We feel that before taking on multiple new
projects that the city should be better stewards of the properties it already owns.
Finally, our members would like to show our disappointment that the city has not kept the
community involved in decisions that directly affect our neighborhoods. We believe we should
not find out about city decisions from the press. The RNA was established for the purpose of
keeping our neighborhoods informed of problems and events that will directly affect us. The
Roanoke Neighborhood Advocates Committee is requesting that the city change its process in -
how it collaborates with our neighborhoods. At times it seems like the city is more concerned
about.disruption in its plans and therefore gives the public a chance to input last, rather than be
a part of the process from the beginning. The RNA thinks that allowing neighborhoods to be a
part of the process from the beginning will allow changes to be easier. The SEAF agrees and ask
that you work with the RNA to better serve our community groups.
In conclusion, the SEAF is optimist that the sale of Buena Vista will be a pivotal turning point
for the SE community. If the Horchlers are successful with the restoration of the mansion, it
could bring about renewed interest in home ownership, community pride and beautification of
the South East area. We hope that the Horchlers will join our efforts to continue making SE a
better place to live.
Thank you for your time.
Sincerely,
Laura Padgett
President of SouthEastActionF orum
)
we
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of June, 2010.
No. 38864-062110.
AN ORDINANCE authorizing the City Manager to execute an amendment extending the
lease agreement between the City and The Hertz Corporation for use ofan 87,120 square foot parcel
of City-owned land at 1302 Municipal Road, N.W., for the operation of an automobile rental
establishment, for an additional twelve (12) months, upon certain terms and conditions, and
dispensing with the second reading by title ofthis ordinance.
WHEREAS, a public hearing was held on June 21,2010, pursuant to ~~15.2-1800 and 15.2-
1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on the proposed extension.
THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an amendment
extending the lease agreement with The Hertz Corporation for use of an 87,120 square foot parcel of
City-owned land at 1302 Municipal Road, N.W., designated as Tax Map No. 6640123, for such
corporation's operation of an automobile rental establishment, for an additional twelve (12) months,
beginning July 1,2010, and ending June 30,2011, at a rental rate of$2,545.67 per month, all as
more particularly described in the City Manager's letter to this Council dated June 21, 2010.
I
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
\
title is hereby dispensed with.
~
K\David\Council Work\O-Hertz Lease 6-21-201 O_doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Renew Lease for Hertz Car
Rental, Tax Map No.
6640123, located at 1302
Municipal Road, N.W.,
Background:
The Hertz Corporation currently leases approximately 87,120 square feet of
City-owned property identified as tax map number 6640123, commonly
known as 1302 Municipal Road, N.W., Roanoke, Virginia, for the purpose of
operating an automobile rental establishment. Hertz began leasing this
parcel from the City in 1968. rhe current lease was originally entered into in
1993 for a five-year term. That lease has been amended three additional
times since then to extend the original term of the lease. The current lease
agreement expires June 30, 2010. Hertz has expressed the desire to
continue to lease this space for another year commencing July 1, 2010 and
expiring June 30, 2011. A copy of the proposed amendment extending the
lease an additional year is attached. The proposed amendment to the lease
establishes a yearly rental rate of $30,548 or $2,545.67 per month as
follows:
I July 1, 2010 - June 30, 2011
I $30,548 I $2,545.67- per month
Honorable Mayor and Members of City Council
June 21,2010
Page 2
Recommended Action:
Authorize the City Manager to execute an amendment to the lease
extending the term of the lease in accordance with the terms and
conditions shown in the table above, with The Hertz Corporation for
approximately'8?, 120 square feet of City-owned property located at 1302
Municipal Road, N.W., Roanoke, Virginia, for a period of twelve months,
commencing July 1, 2010; such amendment to the lease to be approved
as to form by the City Attorney.
Respectfully submitted,
.~p.~
Christopher P. Morrill
City Manager
CPM/c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director of Real Estate Valuation
Robert B. Ledger, Manager,'Economic Development
Cassandra L. Turner, Economic Development Specialist
Joshua L. Mabrey, Tax Compliance Supervisor
CM10-00119
/
FOURTH LEASE EXTENSION AGREEMENT
THIS FOURTH EXTENSION AGREEMENT is entered into as of the
day of , 2010, by and between the CITY OF ROANOKE,
VIRGINIA ("City") and THE HERTZ CORPORATION ("HERTZ"),
WITNESSETH:
WHEREAS, by Lease Agreement dated December 1, 1993 ("Lease Agreement")
between the City and Hertz, the City agreed to lease to Hertz and Hertz agreed to lease
from the City, a 2.0-acre parcel of City-owned land located at 1302 Municipal Road,
N.W., for Hertz's maintenance, servicing and storage facilities;
WHEREAS, the Lease Agreement was subsequently extended for an additional
five year term pursuant to a First Extension Agreement entered into on June 25, 1999;
WHEREAS, the Lease Agreement was subsequently amended to delete 800
square feet of area from the Lease Agreement's coverage, pursuant to a Lease
Amendment entered into on May 8, 2003; and
WHEREAS, at the end of the term of the First Extension Agreement, the Lease
Agreement was subsequently extended for an additional five year term pursuant to a
Second Extension Agreement entered into on December 1,2003; and
WHEREAS, the Second Extension Agreement of the Lease Agreement expired
on November 30, 2008, and Hertz and the City extended the Lease Agreement an
additional nineteen months, pursuant to a Third Extension Agreement commencing
December 1,2008, through June 30, 2010; and
WHEREAS, Hertz and the City desire to extend the lease an additional twelve
months commencing July 1,2010, through June 30, 2011.
THEREFORE, IN CONSIDERATION of the above premIses, and mutual
covenants and promises 'hereinafter contained, City and Hertz hereby mutually agree as
follows:
1. The Lease Agreement is hereby extended for an additional twelve month
term commencing July 1,2010, through June 30, 2011.
2. The Lease Agreement shall be amended to provide t):lat following annual
rental, payable monthly in advance, shall be as follows:
I July 1, 2010-June 30, 2011 I $30,548 I ($2,545.67per month)
3. Except as changed or modified herein, and by the previous amendments
and extensions referenced above, the conditions, terms and obligations of the Lease
Agreement remain in full force and effect as if fully stated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth
Extension Agreement as of the day and year hereinabove written,
Remainder of Page Intentionally Left Blank
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Clerk
Christopher P. Morrill, City Manager
WITNESS:
THE HERTZ CORPORATION
Name
Name:
Title:
CITY OF ROANOKE
s
S to-wit:
~
COMMONWEALTH OF VIRGINIA
The foregoing instrument was acknowledged before me this day of
, 2010, by Christopher P. Morrill, City Manager of the City of
Roanoke, for and on behalf of said Municipal Corporation.
My commission expires:
Notary Public
STATE OF NEW JERSEY
~
S to-wit:
S
COUNTY OF BERGEN
The foregoing instrument was acknowledged before me this day of
2010, >by ,
of The Hertz Corporation, for and on behalf of said
corporation.
My commission expires:
Notary Public
Approved as to Form
Approved as to Execution
Assistant City Attorney
Assistant City Attorney
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
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OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
DEVELOPMENT
REFERENCE:
80084300
12195508
NPH-Hertz
Corporatio
State of Virginia
City of Roanoke
I, (the ~ndersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanbke Times, a daily
newspaper published in Roanoke, in the ~tate of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~nja. Sworn and subscribed before me this
___~~day of JUNE ~010~ Witness my hand and
~cial seal. \ \ \ ;
_~~ Notary Public
\\\11\1"11/111
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PUBLISHED ON:
06/11
TOTAL COST:
FILED ON:
202.80
06/11/10
A~thOriZe~,. J-
S2gnature:7~;Ilr-
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NOTICE OF PUBLIC :
HEARING i'l I
The City of Roanoke
I proposes to extend an
existing lease of
: approximately 8r,120
square feet of City'owned
I property identified as Tax
,Map No. 6640123,
: commonly known as 1302,
'I Municipal Road, N.W"
. Roanoke, Virginia. to The.
; Hertz Corporation, to be'
! used as an' automobile'
I rental establishment,
I ~~t~nt~~'; ~~\Yt;'e~~;~d
one year, for an annual
: rental amount of $30,548-
Pursuant to the
~requirements of
! ~ ~ 1 5., 2 - 1 8 0 0 and
: 15.2-1813, Code of Virginia
, (1950) as amended, notice
: is hereby given that the City
: Council of the City of
I Roanoke will hold a publifl'
: hearing on .the above]
I matter at its regular
: meeting t'6 be held on"
Monday, June 21, 2010, ~
I commencing at 7:00 p_m"
I in the Council Chambers,
4th Floor, Noel C. Taylor
. Municipal Building, 215
: Church Avenue, S.W.,
Roanoke, Virginia, 24011,
: Further information is
i available from the Office of
the City Clerk for the City of
'I R 0 a n,o k eat (540)
853-2541.
, Citizens shall have the
I opportunity to be heard and
I express their opinions on
, said matter.
If you are a person with a
disability who needs
accommodations for this J
hearing, please contact the I
City Clerk's Office at (540) !
853-2541, before 12:00 r
noon on Thursday, June 17, (
2010, - f
GIVEN under my hand this ,
8th day of June, 2010. '
I Stephanie M. Moon ;
. City Clerk 1
r
(
I
(12195508)
(iJJL
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to extend an existing lease of approximately
87,120 square feet of City-owned property identified as Tax Map No. 6640123,
commonly known as 1302 Municipal Road, N.W., Roanoke, Virginia, to The Hertz
Corporation, to be used as an automobile rental establishment, beginning July 1, 2010,
such term not to exceed one year, for an annual rental amount of$30,548.
Pursuant to the requirements of ~~15.2-1800 and 15.2-1813, Code of Virginia
(1950) as amended, notice is hereby given that the City Council of the City of Roanoke
will hold a public hearing on the above matter at its regular meeting to -be held on
Monday, June 21, 2010, commencing at 7:00 p.m., in the Council Chambers, 4th Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. Further information is available from the Office of the City Clerk for the City of
Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
If you are a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,
June 17, 2010.
GIVEN under my hand this ~ day of June
,2010.
STEPHANIE M. MOON
CLERK
Notice to Publisher:
Publish once in the Roanoke Times on, Friday, June 11,2010.
Send affidavit to:
.Stephanie M. Moon, CMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill and affidavit to:
Economic Development Administrator,
117 Church Avenue, S. W. '
Roanoke, Virginia 24011
(540) 853-2715
l -
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
, Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
June 22,2010
Donald G. Gurney, Esquire
Hawkins, Delafield & Wood, LLP
One Chase Manhattan Plaza
New York, New York 10005
Dear Mr. Gurney:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T WEBB
Assistant Deputy City Clerk
I am enclosing a copy of Resolution No. 38865-062110 authorizing the issuance
of fourteen million eight hundred thousand dollars ($14,800,000) principal
amount of general obligations of the City of Roanoke, Virginia, in the form of
General Obligation Public Improvement Bonds for the purpose of providing funds
to pay the costs of the acquisition, construction, reconstruction, improvement,
extension, enlargement and equipping of various public improvement projects.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21, 2010.
Jonathan E. raft
Deputy City Clerk
Enclosure
K:\Agenda Correspondence\June 21,20 J()\June 21,20 lO_doc
Donald G. Gurney
June 22, 2010
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court .
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
K\Agenda Correspondence\June 21, 2010\June 21, 2010,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853.2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 24, 2010 "
The Honorable, Brenda S. Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
I am enclosing a certified copy of Resolution No. 38865-062110 authorizing the
issuance of fourteen million eight hundred thousand dollars ($14,800,000)
principal amount of general obligations of the City of Roanoke, Virginia, in the
form of General Obligation Public Improvement Bonds for the purpose of
providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public
improvement projects.
The abovereferenced measure was adopted, by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21, 2010.
Enclosure
"
K:\Agenda Correspondence\June 21, 20lO\June 21, 20lO.doc
,/
,.
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CIRCUIT COURT
Received & Filed
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RESOLUTION NO. 38865 -062110
A RESOLUTION AUTHORIZING THE ISSUANCE OF FOURTEEN MILLION EIGHT
HUNDRED THOUSAND DOLLARS ($14,800,000) PRINCIPAL AMOUNT OF
GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY,
FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION,.. ENJ,ARGJ:MENT.. AND EQUIPPING OF. VARIOUS. PUBLIC
IMPROVEMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM,
DENOMINATION ~D CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING
FOR THE SALE OF SUCH BONDS, TOGETHER WITH OTHER GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY; AUTHORIZING
THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN
OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION
THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH
OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A
CONTINUING DISCLOSURE CERTIFICATE RELA TING TO SUCH BONDS;
AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE
PRINCIPAL' AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE
OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR
OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND
DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND
OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS AND NOTES
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable (i) to authorize the City to contract a debt and to
authorize the issuance of$14,800,000 principal amount of general obligations of the City, in the
form of General Obligation Public Improvement Bonds of the City, for the purpose of providing
funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City, (ii) to
authorize the issuance of a like principal amount of General Obligation Public Improvement
Bond Anticipation Notes in anticipation of the issuance of such Bonds and (iii) to authorize the
sale of such Bonds, together with other previously authorized general obligation public
improvement bonds of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
761499.2034251 RSIND
(
SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 ofthe Code of Virginia,
\1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991 "), for the
purpose of providing net proceeds of sale (after taking into account costs of issuance,
underwriting compensation and original issue discount) to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City set forth in Section 7, the City is authorized to
contract a debt and to issue $14,800,000 principal amount of general obligation bonds of the City
to be designated and known as the "City of Roanoke, Virginia, General Obligation Public
Improvement Bonds, Series 2010" (referred to herein as the "Series 2010 Bonds").
,
(b) (i) On September 8, 2009, the Council adopted Resolution No. 38582-
090809 authorizing the City to contract a debt and to issue general obligation public
improvement bonds of the City in the principal amount of $13,945,000 for the purpose of
providing funds to pay the costs of the acquisition, construction, reconstruction, improvement,
extension, enlargement and equipping ofvarious public improvement projects of and for the City
forthe purposes and in the. amounts. sef forth below; provided that, if any purpose set forth -below
shall require less than the entire respective amount so set forth, the difference may be applied to
any of the other purposes so set forth:
Purpose
Amount
Public Schools
Roanoke River Flood Reduction Project
Parks and Recreation
Amphitheater
Public Bridges
Curbs, Gutter and Sidewalk Improvements
$ 2,500,000
1,455,000
6,740,000
1,200,000
1,050,000
1.000.000
$13,945,000
(ii) On January 4, 2010, the Council adopted Resolution No. 38682-010410
reallocating to the payment of the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of the Roanoke River Flood Reduction
Project $2,190,000 of the amount set forth in Resolution No. 38582-090809 for Parks and
Recreation, such that, after such reallocation, the purposes and the amounts of the general
obligatiQn public improvement bonds of the City in the prmcipal amount of $13,945,000
authorized for issuance under Resolution No. 38582-090809, as supplemented by Resolution No.
38682-010410, were to be applied to the payment of the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various public
improvement projects of and for the City for the purposes and in the amounts set forth below;
provided that, if any purpose set forth below shall require less than the entire respective amount
so set forth, the difference may be applied to any of the other purposes so set forth:
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761499.2034251 RSIND
Purpose
Amount
Public Schools
Roanoke River Flood Reduction Project
Parks and Recreation
Amphitheater
Public Bridges
Curbs, Gutter and Sidewalk Improvements
$ 2,500,000
3,645,000
4,550,000
1,200,000
1,050,000
1.000.000
$13,945,000
(iii) (A) Subsequent to the adoption of Resolution No. 38682-010410, the
Council has determined that (i) the amount of$55,000 authorized for Parks and Recreation is no
longer needed for such purpose and (ii) it would be desirable and in the best interest of the City
to reallocate such amount of $55,000 heretofore authorized for Parks and Recreation to the
Roanoke River Flood ReductionProject, the!eby in~crea~ing the amo~t~ authorized by_Re~olution
No~. 38582-090809, as supplemented by Resolution 38682-010410, for such purpose to
$3,700,000.
(B) The Council hereby reallocates to the payment of the costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of
the Roanoke River Flood Reduction Project $55,000 of the amount set forth in Resolution No.
38582-090809, as supplemented by Resolution No. 38682-010410, for Parks and Recreation.
(C) After the reallocation effected pursuant to Section 1(b)(iii)(B)
hereof, the purPoses and the amounts ofthe general obligation public improvement bonds of the
City in the principal amount of $13,945,000 authorized for issuance under Resolution No.
38582-090809 shall be applied to the payment of the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various public
improvement projects of and for the City for the purposes and in the amounts set forth below;
provided that, if any purpose set forth below shall require less than the entire respective amount
so set forth, the difference may be applied to any of the other purposes so set forth:
Purpose
Amount
Public Schools
Roanoke River Flood Reduction Project
Parks and Recreation
Amphitheater
Public Bridges
Curbs, Gutter and Sidewalk Improvements
$ 2,500,000
3,700,000
4,495,000
1,200,000
1,050,000
1. 000. 000
$13,945,000
(iv) In addition to authorizing the issuance and sale of the Series 2010 Bonds
authorized fot issuance in Section lea) hereof, the Council hereby authorizes the sale of the
general obligation public improvement bonds of the City (referred to herein as the "Additional
Bonds") heretofore authorized for issuance under Resolution No. 38582-090809, as
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761499.2034251 RSIND
!
supplemented by Resolution 38682-010410 and this Resolution, for the purposes and in the
amounts set forth below: '
Purpose
Amount
Public Schools
Roanoke River Flood Reduction Project
Parks and Recreation
Public Bridges
$ 2,500,000
1,020,000
350,000
650.000
$4,520,000
(v) The Series 2010 Bonds and the Additional Bonds are referred to herein
collectively as the "Bonds".
(c) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in partin~series, as shall be determined by the DirectorofFihartce. There shall~be ~
added to the designation ofthe Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any
whole multiple thereof The Bonds ofa given series shall be numbered from No. R-l upwards in
order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director of Finance
in accordance with the provisions of Section 8 hereof The Bonds of each series shall be issued
in such aggregate principal amounts (not exceeding the aggregate principal amounts specified in
Section lea) and (b)); and shall mature on such dates and in such years (but in no event
exceeding forty (40) years from their date or dates), and in the principal amount in each such
year, as shall be determined by the City Manager and the Director of Finance in accordance with
the provisions of Section 8 hereof Interest on the Bonds shall be calculated on the basis of a
three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months.
(d) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all ofthe Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of$5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof.
(e) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of such Bond is to be redeemed, that
such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and
a new Bond or Bonds issued equalling in principal amount that portion 0 f the principal amount
thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed
for redemption, by frrst class mail, postage prepaid, to the registered owner thereofat his address
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761499.2034251 RSIND
.'
as it appears on the books of registry kept by the Registrar as of the close of business on the
forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption
of any Bond shall have been given as aforesaid, and payment of the principal amount of such
Bond (or the portion ofthe principal amount thereof to be redeemed) and of the accrued interest
payable upon such redemption shall have been duly made or provided for, interest thereon shall
cease to accrue from and after the date so specified for the redemption thereof
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, N ew York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice ofredemption.
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and interest on the Bonds as the same
become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the
Council shall be- authorized- and required to levy- aildeo llecf afiriilally, at the s-anie tiirie-aildin die --
same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and interest on the
Bonds to the extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of
the City imprinted thereon, attested by the manual or facsimile signature ofthe City Clerk.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of
authentication endorsed on each Bond shall have been manually executed by an authorized
signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as ofwhich such Bonds are authenticated as follows: (i) if a
Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of
the date of the initial issuance and delivery 0 f the Bonds 0 f the series 0 f Bonds 0 f which such
Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be
dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th)
day of the calendar month next preceding an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date and (iv) in all other
instances the certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a
date other than the first day of a calendar month or the dates on which interest is payable on such
series are other than the first days of calendar months, the provisions of this Section 3(c) with
regard to the authentication of such Bonds and of Section 9 with regard to the form of such
Bonds shall be modified as the Director of Finance shall determine to be necessary or
appropriate.
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761499.2034251 RSlND
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication ofthe Bonds.
SECTION 4. (a) The principal of and interest on the Bonds shall be payable in
such coin or currency of the United States of America as at the respective dates of payment
thereofis legal tender for public and private debts. The principal of the Bonds shall be payable
upon presentation and surrender hereof at the office of the Registrar. Interest on the Bonds shall
be payable by check mailed by the Registrar to the registered owners of such Bonds at their
respective addresses as such addresses appear on the books of registry kept pursuant to this
Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in
the name of Cede & Co., as nominee ofDTC, or in the name of such other nominee ofDTC as
may be requested by an authorized representative of DTC, interest on the Bonds shall be paid
directly to Cede & Co. or such other nominee ofDTC by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be keptat its office- books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall
register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books
ofregistry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof
(d) Any Bond may be exchanged at the office ofthe Registrar for such series
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied
by a written instrument of transfer duly executed by the registered owner in person or by his duly
authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series of Bonds shall require the payment by the registered owner of
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this
Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds ,will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTe. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the principal amount of$5,000 or
- 6-
761499.2034251 RSIND
,
I
any whole multiple thereof Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal and interest payments on the Bonds will be made by the
Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in
turn remit such payments to the DTC participants for subsequent disbursal to the beneficial
owners of the Bonds. Transfers of principal and interest payments to DTC participants will be
the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by
DTC participants will be the responsibility of such participants and other nominees of such
beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book
entries made by DTC and, in turn, by the DTC participants who act on. behalf of the indirect
participants ofDTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants. - of persons- acting tfubugh- - such paitiCipants. or" for tiariSmittmg paYments to,
communicating with, notifying, or otherwise dealing with any beneficial owner ofthe Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing ofCUSIP numbers
on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau
charge for the assignment of such numbers shall be the responsibility of the successful bidder for
or purchaser ofthe Bonds.
(b) A copy 0 f the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 6. (a) To the extent it shall be contemplated at the time of their
issuance that the interest on any Bonds issued hereunder shall be excludable from gross income
for purposes of federal income taxation, the City covenants and agrees that it shall comply with
the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 (the "Code")
and the applicable Treasury Regulations promulgated under such Sections 103 and 141-150 so
long as any such Bonds are outstanding.
(b) In the event the City shall determine to issue all or a portion of the Bonds
as taxable "Build America Bonds", the City Manager is hereby authorized to irrevocably elect to
have the provisions of the Code relating to "Build America Bonds" apply to such Bonds and the
- 7 -
761499.2034251 RSIND
City Manager, the Director of Finance and other City officials are hereby authorized to take all
such actions as shall be necessary in order for such Bonds to meet the requirements of the
provisions of the Code and the applicable Treasury Regulations promulgated thereunder relating
to "Build America Bonds".
(c) In the event the City shall determine to issue all or a portion of the Bonds
as taxable "Recovery Zone Economic Development Bonds", the City Manager is hereby
authorized to irrevocably elect to have the provisions of the Code relating to "Recovery Zone
Economic Development Bonds" apply to such Bonds and the City Manager, the Director of
Finance and other City officials are hereby authorized to take all such actions shall be necessary
in order for such Bonds to meet the requirements of the provisions of the Code and the
applicable Treasury Regulations promulgated thereunder relating to "Recovery Zone Economic
Development Bonds".
(d) In the event the City shall determine to issue all or a portion of the Bonds
- as "Recovery Zone Facility Bonds", the City Manager is hereby authorized to irrevocably elect
to have the provisions of the Code relating to "Recovery Zone Facility Bonds" apply to such
Bonds and the City Manager, the Director of Finance and other City officials are hereby
authorized to take all such actions shall be necessary in order for such Bonds to meet the
requirements ofthe provisions of the Code and the applicable Treasury Regulations promulgated
thereunder relating to "Recovery Zone Facility Bonds".
(e) The Council confirms the resolution heretofore adopted by the Council
designating the entire City as a "recovery zone" for purposes of Section 1400U-l(b) of the Code.
(f) In accordance with provisions of Section 147(f) of the Code, the Council
as an "applicable elected representative" of the City hereby approves the issuance of the Bonds
to be issued to finance the Market Building Renovation Project.
SECTION 7. The net proceeds of the sale of the Series 2010 Bonds authorized
for issuance in the principal amount of $14,800,000 in Section l(a) hereof (after taking into
account costs of issuance, underwriting compensation and original issue discount) shall be
applied to the payment of the cost of the following public improvement projects of and for the
City in substantially the following respective amounts:
Purpose
Principal
Amount
Project Fund
Amount
Digital Radio Project
Market Building Renovation Project
Public Bridge Renovation Project
$ 6,845,000
6,340,000
1.615.000
$14,800,000
$ 6,108,000
5,561,925
1.250.000
$12,919,925
If any project set forth above shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other projects so set forth.
- 8 -
761499.2034251 RSIND
SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance.
(b) If the Bonds are sold at competitive sale, the Director of Finance is hereby
authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to
cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal
published in the City of New York, New York, and to prepare or cause to be prepared and
distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds.
In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby
authorized to provide that bids for the purchase of the Bonds may be received by electronic
bidding.
(c) If the Bonds are sold at competitive sale, the City Manager and the
Director of Finance, without further action by the Council, (i) are hereby authorized to determine
- the dated date of the Bonds of each series, theda:tes the-Bonds of each series-shall inature~ the
dates on which interest on the Bonds shall be payable, the aggregate principal amount of the
Bonds of each series and the principal amount of the Bonds of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase ofthe Bonds of each series
- and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost
to the City; provided, however, in no event shall the true interest cost to the City with respect to
the Bonds of any series exceed six percent (6.00%) (provided, however, that in calculating the
true interest cost to the City for any series of Build America Bonds, Recovery Zone Economic
Development Bonds or Recovery Zone Facility Bonds the City may take into account any
interest rate subsidy payable to the City by the United States). The City Manager and the
Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of
each maturity of each series as specified'in the bid accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds upon the advice
of the City's financial advisor; provided, however, in no event shall any redemption premium
payable by the City exceed two percent (2.00%). .
(d) If the Bonds are sold at negotiated sale, the City Manager and the Director
of Finance, without further action of the Council, (i) are hereby authorized to determine the dated
date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on
which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of
each series and the principal amount of the Bonds of each series maturing in each year and (ii)
are hereby authorized to select the underwriters of the Bonds (the "Underwriters") and to sell the
Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are sold at
negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved by the
City Manager and the Director of Finance; provided, however, in no event shall the true interest
rate for the Bonds of any series exceed six percent (6%) (provided, however, that in calculating
the true interest cost to the City for any series of Build America Bonds, Recovery Zone
Economic Development Bonds or Recovery Zone Facility Bonds the City may take into account
any interest rate subsidy payable to the City by the United States). The City Manager and the
Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of
each maturity 0 f each series as negotiated with the Underwriters in accordance with the
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761499,2034251 RSIND
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds upon the advice
of the City's financial advisor; provided, however, in no event shall any redemption premium
payable by the City exceed two percent (2.00%). Either or both of the City Manager and the
Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond
Purchase Contracts relating to the sale of the Bonds by the City to the Underwriters.
(e) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details ofthe Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisor and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein!o _b~ us~~by th~pur~has~!s i!1 co~e9:iol1_",ith th~ sal~ oJth~_
Bonds. The Prellmmary O-fficial Statement is "deemed final" for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby
authorized and directed to execute on behalf ofthe City and deliver to the purchasers a certificate
in substantially the form to be included in the Official Statement under the caption "Certificate
Concerning Official Statement":
(f) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(g) All actions and proceedmgs heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale 0 f the Bonds are hereby ratified and
conf'irtTIed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar, and
the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A
attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
- 10-
761499.2034251 RSIND
f
i
~~
v
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of the Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided,
however, in no event shall the true interest cost to the City with respect to the Notes of any series
exceed six percent (6.00%). The City Manager and the Director of Finance are further
authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as
specified in the bid or proposal accepted by them in accordance with the immediately preceding
sentence. The City Manager and the Director of Finance are hereby authorized to determine the
provisions relating to the redemption ofthe Notes upon the advice of the City's financial advisor;
provided, however, in no event shall any redemption premium payable by the City exceed two
percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or
Summary Notice of Sale shall be prepared, published and distributed in accordance with the
requirements of Section 8. If such Notes are publicly offered, there may also be prepared and
distributed a Preliminary Official Statement ami ;;l. finaL Oflicial S1atellJ.~n(relating to such Notes.
in such form as sliaiIbeapproved by-the Director of Finance. The issuance and details of such
Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26,
Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such
Notes to the same extent the same apply to the Bonds except, in the case of the provisions of
Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any
other available funds. Bonds in anticipation of which such Notes are issued pursuant to this
Section 10 may be issued and sold in accordance with the provisions of this Resolution at any
time within five (5) years ofthe date of issuance of the first Notes issued in anticipation of such
Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within the meaning of
Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 12. The City Clerk is hereby directed to file a copy ofthis Resolution,
certified by such City Clerk to be a true copy hereof: with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950.
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
- 11 -
76'1499.2034251 RSIND
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
REGISTERED
$
No. R-
MATURITY
DATE:
INTEREST
RATE:
DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or
from the interest payment date next preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is an interest payment date, in which case
from such interest payment date, or unless such date of authentication is within the period from
the sixteenth (16th) day to the last day of the calendar month next preceding the following
interest payment date, in which case from such following interest payment date, such interest to
be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum,
by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose
name this Bond is registered upon the books of registry, as of the close of business on the
fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each
interest payment date; provided, however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust Company
("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other
nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a
A-I
761499.2034251 RSlND
three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The
principal of this Bond is payable upon presentation and surrender hereof, at the office of
, as the Registrar and Paying Agent, in the City of
, . Principal of and interest on this Bond are payable in any coin or
currency ofthe United States of America which, on the respective dates of payment thereof, shall
be legal tender for public and private debts.
This Bond is one ofanissue of Bonds oflike date, denomination and tenor except
as to number, interest rate and maturity, which is issued for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction,. improvement, extension,
enlargement and equipping of various public improvement projects of and for the City, under
and pursuant to and in full compliance with the Constitution and statutes ofthe Commonwealth
of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), an~r~s~lution~ ll!l<Lotl1er pr()ceedings of the COllllCil oI the City_
duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after 1, 20_ are subject to redemption at the
option of the City prior to their stated maturities, on or after 1, 20_, in whole or in
part from time to time on any date, in such order as may be determined by the City (except that if
at any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds
to be redeemed, together with the interest accrued thereon to the date fixed for the redemption
thereo f.
The Bonds ofthe issue of which this Bond is one maturing on _ -' _ are
subject to mandatory sinking fund redemption on _ _, _ and on _ _ of each year
thereafter and to payment at maturity on -' _ in the principal amounts in each year set
.forth below, in the case of redemption with the particular Bond or Bonds maturing on _-'
_or portions thereof to be redeemed to be selected by lot, upon payment of the principal
amount of the Bonds maturing on _, _ to be redeemed, together with the interest
accrued on the principal amount to be redeemed to the date fixed for the redemption thereof:
Year
Principal Amount
The City, at its option, may credit against such mandatory sinking fund redemption requirement
the principal amount of any Bonds maturing on _ _, _which have been purchased and
cancelled by the City or which have been redeemed and not theretofore applied as a credit
against such mandatory sinking fund redemption requirement.
A-2
761499,2034251 RSIND
.
.
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of$5,000) shall be called for redemption, notice of the redemption hereof:
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this
Bond must be surrendered in exchange for the principal amount hereofto be redeemed and a new
Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for
redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as
it appears on the books of registry kept by the Registrar as of the close of business on the forty-
fifth (45th) day next preceding the date fixed for redemption. Ifnotice of the redemption ofthis
Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as
aforesaid, and payment of the principal amount of this Bond (or the portion of the principal
amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall
have been duly made or provided for, interest hereon shall cease to accrue from and aftet: the d(lte.
- so specified fot-the redemption hereof U - - - - - . Uu _u - - - - - - --
Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and 0 f the same issue, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof: in person or by his attorney duly authorized in
writing, on the books of registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon payment of the charges, if
any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one,
and upon the surrender hereof for cancellation. Upon such transfer a new Bond or 'Bonds of
authorized denominations and of the same aggregate principal amount, issue, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and interest on this Bond as the same become due. In each year
while this Bond is outstanding and unpaid, the Council of the City shall be authorized and
required to levy and collect annually, at the same time and in the same manner as other taxes of
the City are assessed, levied and collected, a tax upon all property within the City, over and
above all other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
the amount of this Bond, together with all o~her indebtedness of the City does not exceed any
A-3
761499.2034251 RSIND
(
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
... -- Attest:
~.
I
~~.
CERTIFICATE OF AUTHENTICATION
This Bond IS one of the Bonds delivered pursuant to the within-mentioned
proceedings.
[
1, as Registrar
By:
Authorized Signatory
Date of Authentication:
A-4
761499.2034251 RSIND
f
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appomtmg
, Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
NOTICE: Signature(s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
'- ,I.
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TON, CLERK
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761499,2034251 RSIND
\X~ c;
IN THE COUNCIL OF.THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38866-062110.
AN ORDINANCE to appropriate funding to be provided by Series 2010 Bonds to
the Old Mountain Road Bridge Renovation, Market Building Renovation and Digital Radio ,
Upgrade projects, amending and reordaining certain sections of the 2009-2010 Capital
~ .
Projects, Market Building, and Department of Technology 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 2009-2010 Capital Projects, Market Building, and Department of
Technology Funds Appropriations be, and the same are hereby, amended and reordained
to read and provide as follows:
Capital Proiects Fund
Appropriations
Appropriated from 2010 Bond Funds
Old Mountain Road Bridge Renovation
08-530-9529-9330
08-530-9541-9331
$ 1,250,000
( 1,250,000 )
Market Buildin~ Fund
Appropriations
Appropriated from 2010 Bond Funds
Market Building Renovation
09-300-8137-9330
09-300-8145-9332
5,561,925
( 5,561,925 )
Department of Technoloav Fund
Appropriations
Appropriated from 2010 Bond Funds
Digital Radio Upgrade
13-430-9950-9330
13-430-9951-9333
6,108,000
(6,108,000 )
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
.AT~U~
llil't/1)I . City Cle~
:',
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
, JOHN W, BINGHAM, CPA
Assistant Director of Finance
ANN H. SHAWVER, CPA
Director of Finance
ANDREA F. TRENT
Assistant Director of Finance
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Authorization of FY11 Bond Issuance and Appropriation of Funds for Capital
Projects
Background:
On July 20, 2009, City Council approved the Capital Improvement Program (C1P) Update
for FY 2010-2014 and, subsequently, modified the update on August 3, 2009. On
January 19, 2010, City Council revised the timing of debt issuance to support planned
capital projects. The revised planned debt issuance for FY 2011 includes:
Roanoke River Flood Reduction
Parks and Recreation Master Plan
National Guard Armory Demolition
Bridge Repair/Renovation
Digital Radio Upgrade
Market Building Renovation
School Roof Repairs
School Energy Projects
Total
$1,000,000
350,000
1,900,000
1 ,308,000
5,561,925
2,500,000
1.110.000
$13,729,925
Council previously authorized the issuance and appropriated funding in advance of
issuance for Roanoke River Flood Reduction ($1,000,000), Parks and Recreation Master
Plan - National Guard Armory Demolition ($350,000), Bridge Repair/Renovation
($650,000) and School Roofs ($2,500,000). No lurtherCity'Council action is required
to authorize issuance of debt for these projects.
Honorable Mayor and Members of Council
June 21,2010
Page 2
Total project funding in the amount of $5,945,000 is necessary for the Digital Radio
Upgrade. The C1P includes planned issuance of $1,308,000 in FY2011 and $4,800,000
in FY2012. In order to contract the project, authorization of the entire project amount
is required.
Considerations:
Council action is required to authorize issuance of debt and appropriate funding from
the issuance of general obligation bonds, in advance of issuance, in the amount of
$12,919,925 for the following projects:
Bridge Renovation
Digital Radio Upgrade
Market Building Renovation
Total
$1,250,000
6,108,000
5.561.925
$12,919,925
Recommended Action:
Hold a public hearing on the issuance of general obligation public improvement bonds.
Following the public hearing, adopt the accompanying resolution authorizing the
issuance of bonds up to $14,800,000 for the projects previously referenced. In order
to ensure receipt of the $12,919,925 in bond proceeds and provide flexibility to sell
the bonds at a discount if market conditions indicate, the City's financial advisor,
Public Financial Management, Inc. (PFM) recommends authorization for issuance of up
to $14,800,000. This resolutio.n shall include language declaring the City's intent to
reimburse itself from the proceeds of these bonds.
Adopt the accompanying budget ordinance to appropriate, in advance of issuance, in
the amount of $12,919,925 to an account to be established by the Director of Finance
in the Capital Projects, Market Building, and Department of Technology Funds.
~\;O .
~_....-
Ann H. Shawver
Director of Finance
c: Christopher P. Morrill, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
George J. A. Clemo, Bond Counsel, Woods Rogers PLC
Donald G. Gurney, Bond Counsel, Hawkins Delafield & Wood LLP
JoAnne Carter, Managing Director, Public Financial Management Inc.
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
--------------------------------------------------~
DEPARTMENT
ROOM 461
215 CHURCH
ROANOKE VA
OF FINANCE
AVENUE, W
24011
REFERENCE: 80163338
12187190
NPH-G.O. Bonds-Marke
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanok~, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__i:;~_day of JUNE 2010. Witness my hand and
official seal. ~\~~
~_~=____ Notary Public
PUBLISHED ON:
06/07 06/14
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FILED ON:
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06/14/10
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, NOnCE OF PUBLIC
HEARING .
NOTICE.lS HEREBY GIVEN, '
pursu'ant to Section
15,2-2606.A of the Code of
Virginia, 1950, and Section
147(f) of the Internal
Revenue Code of 1986, that
the Council of the City of
Roanoke, Virginia (the
"City"), will hold a public
hearing on Monday, June
21,2010, at 7:00 P,M., or
as soon thereafter as the
matter may be heard, local
time, In th'e Council
Chamber, Noel C. Taylor
Municipal Building, 215
Chu'rch Avenue, S.W"
Roanoke, Virginia 24011,
with respect to the
proposed adoption by the
'Council of a resolution
authorizing the City tOil
contract a debt and Issue
general obligation public
improvement bonds of the
City (and In anticipation of
the ,Issuance of any such \
bonds to issue general
o b II gat ion pu b'l i c
Improvement bondl
anticipation notes of the
City) in the principal
amount of $14,800,000 forll
the purpose of providing net
proceeds of sale (after
taking Into account costs of
issuance, underwrltlngl
compensation and qriglnal
issue discount) to pay the
costs of the acquisition,!
construction, reconstruction,:
Impiovement, extension,!
enlargement, equ,ipplng,1
rehabilitation and repair of,l
v a r i, 0 u s cap ita ,I
Improvement projects and
the ac'qulsltlon and
Installation of various'
capital equipment projects
of and ror the City for the
purposes and in .the
amounts set forth below;
provided that, If any
purpose set forth below
shall require less than the
entire respective amount so
sel forth, the difference
may be applied to' any of
the other purposes so set
forth:, ' .
purpose Amount
Digital Radio Project,
. ,$6,108,000
Market Building Renovation
Project
5,561,925
Public 8rldge Renovation
Project
1,250,000
,-----'--~;~~~~5
-In'tne-caseofthe-Market I
Building renovation project, I
the public hearing is'beingl
held in connection with the I
, approval of the issuance ofl
I the bonds therefor 'by the,
"Council as applicable,
elected representative Of\
the City pursuant to sect, Ion
147(1) of the Internal
Revenue Code of 1986.
The Market Building is a>,
historic three-story, 38,297:
square.foot structure, bUlltl
in 1922 and located at 32
'Market Square In the City's
downtown area, The City,
as owner of the Market
Building, leases spacedn
the"Market Bullillng'to
vendors of food and other
merchandise. The Market
Building renovation project
Includes the reconfiguratlon
of the building's Interior to
'allow greater efficiency, the
expansion and
Improvement of vendor's
stalls, the 'addition of
restrooms on the first floor
and on ,the third floor'
adjacent to the assembly
hall, the Installation of a
second elevator to facilitate
catering and service access'
to .the building, thel
replacement of aging utility,
I infrastructure, Including
replacement of the current
, plumbing,system'and the
Ilnst~lIatlon of a new grease,
I removal system, and the:
Ii m provem en:t of th e:
, streetscape,surroundlngthe'
building, .
All 'members of the public'
and Interested individuals
are Invited to attend such,
hearing and to appear and'
present their view on thei
proposed resqlution and the"
proposed bond Issuance,1
both orally and 'in writing"
Should written comments I
be presented, three 'copies!
should be made available to I
the underslgn,ed at or
before the public hearing.
If you are a person with a
disability who need~
accommodations for this
public, hearing, please
contact the City Clerk's
Office at (540) 853-2541,
by Thursday, J~ne 17, 2010:
The full text of the
proposed resolution Is on
file In the office of the City
Clerk, Noe~. C, Taylor
Municipal Building, Room
456, 215 Church Avenue,
S,W., Roanoke, Virginia
24011.
Dated: June 7, 2010
Stephanie M, Moon
C,ity Clerk I
1
(12187190)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized ~ ~
Signature'__~~lr'
Billing Services Representative
I
:F
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GlVEN, pursuant to Section 15.2-2606.A of the Code of
Virginia, 1950, and Section 147(f) of the Internal Revenue Code of 1986, that the Council of the
City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, June 21, 2010, at
7:00 P.M., or as soon thel,"eafter as the matter may be heard, local time, in the Council Chamber,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with
respect to the proposed adoption by the Council of a resolution authorizing the City to contract a
debt and issue general obligation public improvement bonds of the City (and in anticipation of
the issuance of any such bonds to issue general obligation public improvement bond anticipation
notes of the City) in the principal amount of $14,800,000 for the purpose of providing net
proceeds of sale (after taking into account costs of issuance, underwriting compensation and
original issue discount) to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement, equipping, rehabilitation and repair of various capital
improvement projects and the acquisition and installation of various capital equipment projects
of and for the City for the purposes and in the amounts set forth below; provided that, if any
purpose set forth below shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other purposes so set forth:
Purpose
Amount
Digital Radio Project
Market Building Renovation Project
Public Bridge Renovation Project
$ 6,108,000
5,561,925
1.250,000
$12,919,925
In the case of the Market Building renovation project, the public hearing is being
held in connection with the approval of the issuance of the bonds therefor by the Council as
applicable elected representative of the City pursuant to Section 147(f) of the Internal Revenue
Code of 1986.
The Market Building is a historic three-story, 38,297 square-foot structure, built
in 1922 and located at 32 Market Square in the City's downtown area. The City, as owner ofthe
Market Building, leases space in the Market Building to vendors of food and other merchandise.
The Market Building renovation project includes the reconfiguration of the building's interior to
allow greater efficiency, the expansion and improvement of vendor's stalls, the addition of
restrooms on the first floor and on the third floor adjacent to the assembly hall, the installation of
a second elevator to facilitate catering and service access to the building, the replacement of
aging utility infrastructure, including replacement of the current plumbing system and the
installation of a new grease removal system, and the improvement of the streetscape surrounding
the building.
All members of the public and interested individuals are invited to attend such
hearing and to appear and present their view on the proposed resolution and the proposed bond
issuance, both orally and in writing. Should written comments be presented, three copies should
be made available to the undersigned at or before the public hearing.
760427.2 034251 FRMS
-2-
If you are a person with a disability who needs accommodations for this public
hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, June 17,2010.
The full text of the proposed resolution is on file in the office of the City Clerk,
Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia
24011.
Dated: June 7, 2010
STEPHANIE M. MOON
City Clerk
[TO BE PUBLISHED ON MONDAY, JUNE 7,2010,
AND MONDAY, JUNE 14,2010]
760427.2034251 FRMS
-3-
Notice to Publisher:
Publish in the Roanoke Times on, Monday, June 7, 2010 and Monday, June 14, 2010.
Send affidavit to:
Stephanie M. Moon, CMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill and affidavit to:
Ann H. Shawver,
Director of Finance
215 Church Avenue, S. W., Room 465
Roanoke, Virginia 24011
(540) 853-2821
760427.2034251 FRMS
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIEM, MOON, CMC
City Clerk
CECELIA T" WEBB
Assistant Deputy City Clerk
June 22, 2010
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38867-062110 amending Section 30-4,
Placinq qoods, boxes, etc., on sidewalks in front of stores and buildinQs, adding a
new Section 30-9.2, Street vendinq, and amending Section 30-13.1, Use of
wheelbarrows, handcarts, bicvcles, skates, etc., on sidewalks, of Chapter 30,
Streets a"nd Sidewalks, of the Code of the City of Roanoke (1979), as amended;
effective July 1,2010.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21,2010; and is in full force
and effect upon its passage.
Sincerely,
Enclosure
K:\Agenda Correspondence\June 21, 2010\June 21, 2010,doc
Municipal Code Corporation
June 22, 2010
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Lora A. Wilson, Law Librarian
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Roy M. Mentkow, Director of Technology
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
K\Agenda Correspondence\June 21, 2010\June 21, 20l0.doc
~
OPTION 1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38867-062110.
AN ORDINANCE amending Section 30-4, Placing goods, boxes, etc., on sidewalks in
front of stores and buildings, adding a new Section 30-9.2, Street vending, and amending Section
30-13.1, Use of wheelbarrows, handcarts, bicycles, skates, etc., on sidewalks, of Chapter 30,
Streets and Sidewalks, of the Code ofthe City of Roanoke (1979), as amended; providing for an
effective date; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained, to read and provide as follows:
Sec. 30-4.
Placing goods, boxes, etc., on sidewalks in front of stores and
buildings.
(a) It shall be unlawful for any person to exhibit any goods or wares or to
place any boxes, barrels, crates, frames or any other vessel or article on the
sidewalk in front of any store or building.
(b) The provisions of this section shall not be construed to prohibit the
exhibition of goods or wares on the sidewalk In front of the buildings on
the market square for no greater distance than two (2) feet from the
building line;, and shall not prohibit street vending authorized under
. Section 30-9.2 of this Code.
(c) This section shall not prevent merchants and others who receive goods
from depositing the same upon the sidewalks after removing the same
from delivery trucks or vehicles, but the same shall not be allowed to
remain thereon more than one (1) hour.
* * *
Sec. 30-9.2. Street vending.
The City Manager is authorized to issue street vending permits to authorize
placementof carts which are not self-propelled for vending food or beverages, or
O-New section 30-9.2-Street Vending-Option 1 ,doc
1
both, either within City rights-oj-way where pedestrian or vehicular circulation is
not impeded or on City-owned properties, including, but not limited to, public
parks and greenways, where the access to and enjoyment of public amenities are
not impeded.
(1) The sale of food or beverages from a cart which is not self propelled,
within the public right-ofway, or on property owned by the City of
Roanoke, shall require a street vending permit issued by the City
Manager.
(2) A street vending permit pursuant to this section is not required for vending
in public market spaces designated by the City Manager pursuant to
Section 24-63 of this Code, vending associated with a special event
authorized by an assembly permit issued under Article VI of this Chapter,
or vending conducted entirely on private property.
(3) A street vending permit shall be revocable with or without cause in the
discretion of the City Manager. Upon revocation of a permit and notice to
the permittee, the City Manager shall be authorized to remove any items
previously permitted to be placed in the City right-oj-way or on City-
owned property and dispose of same.
(4) Application for a street vending permit shall be made on forms provided
by the City Manager. Permits shall be issued for a period of no less than
one (1) month and no more than twelve (I2) months. The application
shall include the following information:
(a) A vending site plan, showing the boundary of the vending site
depicted as a shape with dimensions and the location from which
the vending will take place ("vending site '), including serving and
queuing areas, with measurements referencing a fixed landmark,'
(b) The name of any adjacent street, public park, or public property;
(c) The width of the sidewalk from an adjacent building or property
line, if applicable;
(d) Measurements from any fixtures or equipment such as benches,
trash receptacles, fire hydrants, utility poles, etc., within twenty
(20) feet of the vending site, if any;
(e) Measurements from building entrances, crosswalks, intersections,
or outdoor dining areas within twenty (20) feet of the vending site,
if any,' and i
(f) Dimensions and a photograph of the cart.
a-New section 30-9.2-Street Vending-Option I.doc
2
Any amendments to an approved vending site plan shall be submitted for
review and approval by the City Manager prior to making any changejo
the vending site.
(5) The application fee and permit fee for any vending permit issued pursuant
to this section shall be in such amounts as are prescribed from time to
time by City Council in the City's Fee Compendium. Such fees shall be in
addition to any other applicable fees required by this Code or other
applicable law, ordinance, rule, or regulation and shall be due and
payable at the time of issuance of the permit.
(6) The issuance of such permits shall be conditioned upon the permittee's
agreem.ent to indemnify and hold harmless the City, its officers,
employees, and agents, from all claims, demands, damages, actions,
causes of action, or any fine or penalty, or suits of any kind whatsoever,
either at law or in equity, including any claim for court costs or attorney
fees, for damage to property, injury to person, or death, arising out of the
maintenance, use, operation or removal, of any items permittedpursuant
to this section, or the conduct of any activity pursuant to this section.
(7) The issuance of such permits shall be conditioned upon the permittee's
maintaining general public liability insurance, naming the City, its
officers, employees and agents, as additional insureds with respect to the
construction, maintenance, use, operation, or removal of any items
permitted pursuant to this section, or the conduct of any activity pursuant
to this section, in an amount of not less than one million dollars
($1,000,000). A current certificate of insurance, demonstrating
compliance with this subsection for the entire term of such permit, shall be
attached to the application for the street vending permit, and such
insurance shall not be cancelled without thirty (30) days prior written
notice to the City.
(8) When the City receives an application, it may give no'tice to the owner of
record of any adjoining property within three (3) days of receipt of the
applicatio,!- via first class mail. For the purposes of this section,
(( acijoining" shall mean within fifty (50) feet of the proposed vending site.
The terms of this subsection shall not be construed as requiring
permission or approval from such owner.
(9) The City Manager may place conditions on the issuance of a street
vending permit as warranted for public safety and welfare.
(10) The issuance of any permit pursuant to this section shall be conditioned on
compliance with all other applicable regulations and permitting
requirements and is valid only when a permit fr01~1. the Virginia
Department of Health and an itinerant merchant license jfom the City are
also obtained and maintained throughout the term of the street vending
permit.
O-New section 30-9.2-Street Vending-Option I.doc
3
(11) Nothing contained in this section shall be construed to relieve any
permittee from liability for any negligence or recklessness with respect to
the placement, maintenance, or operation of a street vending cart or any
other exercise of the privileges authorized by such permit.
(I 2) The street vendor permzt shall be issued for, and limited to, the specific
location shown on the vending site plan. A single person or entity may be
issued multiple permits for multiple sites so long as a separate application
is completed and approved for each site and permit fees are paid for each
site. No street vendor permit shall be transferable.
(13) Any vending site shall meet the following minimum requirements:
(e)
(f)
(g)
(a)
Vending shall be permitted only within the Commercial-General,
Commercial-Neighborhood, Recreation and Open Space, and
Institutional Planned Unit Development zoning districts, unless
otherwise prohibited by this section.
(b)
A vending site shall be located no closer than one hundred (100)
feet from any public entrance to an eating establishment, where
such eating establishment is designated as the sole principal use.
(c)
The vending site shall be configured to maintain sight distance and
visibility of traffic signs and signals as required by the City Traffic
Engineer.
(d)
Where the vending site is on a sidewalk, a minimum of forty-two
(42) inches of sidewalk clearance shall be maintained. Service
and queuing areas shall be oriented so such clearance is
maintained.
No vending site, or portion of one, may be located in an on-street
parking space.
..J
A vending site shall not contain or block a cellar door, manhole,
transformer vault or any device for access or ventilation, nor any
fire hydrant or standpipe connection on a building.
The vending site shall be located on a durable surface-such as
asphalt or concrete.
(14) Vending shall be subject to the following operational requirements:
(a) The cart shall be placed as shown on the approved vending site
plan.
O-New section 30-9.2-Street Vending-Option I.doc
4
(b) The cart shall not touch, lean against, or be affixed to. any
building, structure, or fixture.
(c) The vendor shall comply with any request of a police officer or
other public safety personnel to move or cease winding in the case
of an emergency.
(d) Vending shall be limited to hours between 1:00 p.m. and 10:00
p.m. on Sunday, 7:00 a.m. and 10:00 p.m. Monday through
Thursday, and between 7:00 a.m. and 12:00 midnight Friday and
Saturday. The cart shall be removed from the vending site when
vending has ceased.
(e) Vending shall not be permitted when an area is designated for a
special event with a valid assembly permit or during an event in a
public park or facility where vendors have been authorized by the
City to operate concessions, even when the assembly permit is
issued subsequent to the vending permit. Notice of an approved
assembly permit shall be given by the City Manager to any vending
permit holder affected by such event at least five (5) calendar days
prior to the event.
(f) The permittee is responsible for ensuring that the vending site and
any area within twenty (20) feet of the vending site is maintained
free of trash during vending and is free of trash at the conclusion
of vending regardless of the source of the trash. If a public trash
receptacle is not located within twenty (20) feet of the vending site,
or ifrequired as a condition of the permit, the vendor shallprovide
a trash receptacle and shall remove trash from such receptacle
daily and dispose of it properly.
(g) The cart shall be not be unattended by the permittee for a period of
more than ten (10) minutes.
(h) No cart shall have an open fire or flame.
(i) No public equipment, facilities, or utilities shall be used in the
operation of the vending activity or for storage of a cart.
(j) Vending transactions shall be limited to pedestrians,' vending to
any person in a motor vehicle is prohibited.
(I 5) The City Manager shall be authorized to promulgate additional rules to
apply to all street vending permits and to require special terms and
conditions applicable to certain permits, provided that any such rule,
term, or condition shall be consistent with this section. Violation of any
additional rule, term, or condition of a permit shall be a violation of this
section.
a-New section 30-9.2-Street Vending-Option I.doc
5
(16) The decision of whether to grant a street vending permit shall be
exclusively that of the City Manager. In deciding whether to issue a street
vending permit, the City Manager shall consider whether the permittee
has complied with all of the requirements of this section and any
regulations promulgated by the City Manager, and whether the activity
will unreasonably interfere with the flow of pedestrians or motor vehicles
or otherwise present a hazard or threat to the general public health, safety
and welfare.
(17) Any person aggrieved by a decision of the City Manager not to issue, or to
revoke, a street vending permit pursuant to this section may appeal such
decision by filing a written notice of appeal with the City Manager within
seven (7) calendar days of such decision. Any such notice of appeal shall
state the order, requirement, decision or determination which is the
subject of the appeal, the date of the decision, and the reason(s) for the
appeal. Upon receipt of an appeal, the City Manager shall designate a
person who did not participate in the review of the application for a street
vending permit review to conduct an informal hearing to consider. the
appeal. The appeal shall be heard as soon as possible after the filing of
the appeal, but in no event more than ten (10) business days after the
filing of the appeal, unless the appeal officer and the aggrieved person
agree to an extension of the ten-day deadline. The appeal officer shall
announce any decision within five (5). business days after the hearing,
unless the appeal officer and the aggrieved person agree to an extension
of the five-day deadline. The appeal officer shall have authority to affirm,
modify or reverse the City Manager's decision. Extension of deadlines
pursuant to this section shall extend any other deadline within this section
by an equal number of days. Any appeal filed under the provisions of this
section shall stay enforcement of the order until such appeal has been
reviewed and decided.
* * *
Sec. 30-13.1. Use of wheelbarrows, handcarts, bicycles, skates, etc., on
sidewalks.
(a) No person shall operate, on any sidewalk, any wheelbarrow, handbarrow,
handcart, handcarriage or other carriage or vehicle, whatever, except in
passing directly across such sidewalk for the purpose of delivering goods
or other articles. This subsection shall not prohibit the use of carriages or
wheelchairs used to carry infants or invalids on the sidewalks:-, nor shall
this subsection prohibit the placement of a street vending cart permitted
pursuant to Sec. 30-9.2 of this Cod~ or maneuvering of such cart to an
authorized street vending site.
* * *
a-New section 30-9.2-Street Vending-Option I.doc
6
2. This ordinance shall be effective on July 1, 2010.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
(
this ordinance by title is hereby dispensed with.
n6P~Y' .
City Clerk
O-New section 30-9.2-Street Vending-Option I.doc
7
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38868-062110.
A RESOLUTION amending the Fee Compendium to establish new fees for street vending
applications and permits, as set out below; and establishing an effective date.
BE IT RESOLVED by the Council of the City of Roanoke that:
,
1. The Fee Compendium of the City, maintained by the Director of Finance and authorized
and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of
that date, as since .amended, shall be amended to reflect the following changes in descriptions and fees:
DESCRIPTION TYPE AMOUNT
Fee charged for street :vending Street Vending $75.00
pursuant to Section 30-9.2 of the Application Fee (The application fee is waived for renewals if
City Code, allowing the the content of a prior application is unaltered.)
establishment of a vending site to Street Vending $3.25 per square foot annual permit fee. For permits
conduct food and beverage Permit Fee issued for fewer than twelve (12) months, the permit
vending fee shall be prorated.
2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of
any inconsistency with this Resolution.
3. The fees established by this Resolution shall remam m effect until amended by this
Council.
4. This Resolution shall be in full force and effect on July 1, 2010.
R-Amend Fee Compendium-street vending.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21,2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Adoption of an Ordinance to Permit
Vending on City Rights-of-Way and
City-owned Properties
Background:
In fall 2009, City Council directed City staff to develop a food and beverage vending
program. Planning staff researched various ordinances from other cities, explored
issues associated with such programs, and developed a proposal based on the best
practices found. At a project status briefing on February 1, 2010, City Council asked
staff to make some modifications to the proposed regulations and involve stakeholders
in the review of the proposal.
The Planning Division held a forum on March 23rd, and received feedback from
approximately 25 attendees. In addition to the forum, staff received comments via e-
mail, phone, Facebook discussion board, and individual meetings. On May 1st, Council
was briefed on the public comments and how the proposal was modified in response.
During the May 1st briefing, Council directed staff to further modify the proposal to
increase the separation of vendors from restaurants, permit vending only in parks in
downtown, and align the fees with those of the outdoor dining program. Planning staff
held a second public review session and provided a summary of the public comments
to City Council by memo dated June 4, 2010.
The proposed ordinance features provisions for the permitting process, eligible
locations, standards for cart placement and operation, and hours of operation.
Considerations:
Food and beverage vending from a cart is currently permitted on any private property
located within any zoning district which permits an eating establishment. The proposed
r
Honorable Mayor and Members of City Council
June 21,2010
Page 2
ordinance would not affect vending on private property, but would add the ability for
the City to permit such activity on City-owned properties and public rights-of-way.
During the public review process, comments from stakeholders centered on concerns
from restaurateurs in the downtown area who feel the program would harm their
businesses with unfair competition, such competition being unfair because street
vendors do not incur the same level of expense in terms of building rental and
investment in equipment.
In response to such comments, Planning staff worked with the City Attorney's Office to
develop two alternative ordinances for City Council's consideration. Option 1 would
permit vending in rights-of-way and on City-owned property within the Commercial-
General, Commercial-Neighborhood, Recreation and Open Space, and Institutional
Planned Unit Development zoning districts; such vending would not be allowed in the
Downtown zoning district. Option 2 would permit street vending in the zoning
districts listed above, as well as the Downtown zoning district. .
Both options include amendments to other sections of the City Code that require
modification to avoid potential conflict with street vending activities. A separate
resolution provides for amendment of the Fee Compendium to add application and
permit fees for street vending.
An effective date of July 1, 2010, is specified to provide time to establish the
procedural items needed to review and issue permits.
Recommended Actions:
Upon receipt of further public input during the City Council meeting, staff recommends
Council adopt one of the alternative ordinances (Option No.1 or Option No.2) adding
Section 30-9.2 to the City Code (1979), as amended, and further recommends that if
Council adopts either Option 1 or Option 2, Council should approve the resolution
amending the fee compendium to establish an application fee and a permit fee for such
vending.
Christopher P. Morrill
City Manager
Attachments
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney -: I ! r:}} .. '; . f.i :-, t-H.r:;.:.::
Ann H. Shawver, Director of Finance .... ,. ,
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director o(Planning, Building and Development
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
June 22, 2010
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen: .
I am enclosing copy of Ordinance No. 38869-062110 amending and reordaining
Chapter 32, Taxation, Article 11, Real Estate Taxes Generally, Division 5.
Exemption of Certain Rehabilitated Real Property, and Division 5C. Partial Tax
Exemption in Redevelopment and Conservation Areas. and Rehabilitation
Districts, and Division 6. Downtown Service District, Section 32-102.1, Additional
Tax Imposed, and Division 7. Willison Road Area Service District, Section
32-103.1, Additional Tax Imposed, Code of the City of Roanoke which provide for
certain real estate tax exemptions for rehabilitating property in the City; effective
July 1, 2010.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, June 21,2010; and is in full force
and effect upon its passage. .
Sincerely,
Jonathan E. Craft
Deputy City Clerk
Enclosure
K: \Agenda Correspondence\J une 21, 20 I O\June 21, 20 I O.doc
Municipal Code Corporation
June 22,2010
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
The Honorable Sherman P. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Lora A.'Wilson, Law Librarian
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Roy M. Mentkow, Director of Technology
Susan S. Lower, Director of Real Estate V~luation
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
'---
K:\Agenda Correspondence\June 21, 20 1 O\June 21, 2010.doc
~'6
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of June, 2010.
No. 38869-062110.
AN ORDINANCE amending and reordaining Chapter 32, Taxation, Article II, Real Estate
Taxes Generally, Division 5. Exemption Of Certain Rehabilitated. Real Property, and Division 5C.
Partial Tax Exemption In Redevelopment and Conservation Areas, and Rehabilitation Districts, and
Division 6. Downtown Service District, Section 32-102.1, Additional Tax Imposed, and Division 7.
Willison Road Area Service District, Section 32-103.1, Additional Tax Imposed, Code of the City of
Roanoke which provide for certain real estate tax exemptions for rehabilitating property in the City;
providing for an effective date; and dispensing with the second reading by title of this ordinance.
BE lT ORDAINED by the Council ofthe City of Roanoke that:
1. Chapter 32, Taxation, Article II, Real Estate Taxes Generally, Code of the City of
Roanoke, is amended to read and provide as follows:
DIVISION 5. EXEMPTION OF CERTAIN REHABILITATED REAL PROPERTY
Sec. 32-93. Generally; termination of exemption program.
(a) The director of real estate valuation shall, upon application made and within the
limits as hereinafter provided, order exemption of real property tax on real property
substantially rehabilitated for residential use and on real property substantially
rehabilitated for commercial or industrial use.
(b) This division shall terminate and no new applications for exemption shall be
accepted on and after July 1, 20105, unless reenacted. This provision shall not affect
applications filed before that date, or the continued eligibility for exemption of
properties approved before that date.
(c) As used in this Division, the term "substantial rehabilitation" shall include the
substantial rehabilitation, renovation, or replacement of real property.
Sec. 32-94. Rules and regulations for administration of division.
The director of real estate valuation, with the advice and comment of the city manager,
director of finance and commissioner, shall adopt and promulgate such rules and
regulations not inconsistent with the provisions of this division as are deemed necessary
for the effective administration of this division.
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Sec. 32-95. Eligibilitv of residential real property.
(a) In order to qualify for the exemption from real property taxation for real
property substantially rehabilitated for residential use, a structure shall meet all of the
following criteria:
(1) Be no less than twenty fh'8 (25)jorty (40) years of age;
(2) Be improved so as to increase the assessed value of the structure by no less than
forty (40) percent;
(3) Be designed for and suitable for residential use, at least in part, after completion
of such improvement; and
(4)--Be-impffived-without increasing tl~umbcr of dV/elling units.
(b) Residential use shall include single-family dwellings, duplexes, multifamily
dwelling units, and town houses. Any property, the use of which is partially residential
and partially commercial or industrial must meet the eligibility standards for each such
applicable use. The director of real estate valuation shall determine the respective value
of each such use prior to commencement of the substantial renovation.
(c) For any residential structure which is assessed, prior to rehabilitation, at three
hundred thousand dollars ($300,000.00) or more, the exemption shall commence July 1
of the tax year following completion of the rehabilitation, renovation, or replacement of
the structure, and shall be limited to three (3) years regardless of any other provision in
this division.
Sec. 32-96. Eligibility of commercial or industrial real property.
(a) In order to qualify for the exemption from real property taxation for real
property substantially rehabilitated for commercial or industrial use, a structure shall
meet all of the following criteria:
(1) Be no less than twenty-five (25) years of age;
(2) Be improved so as to increase the assessed value of the structure by no less than
sixty (60) percent; and
(3) Be improved without increasing the total square footage of such structure by
more than one hundred (100) percent; and
(4) Be designed for and suitable for commercial or industrial use after completion of
such improvement.
(b) If an exemption is granted for commercial or industrial properties pursuant to
this Division, no other exemption, including one pursuant to Divi,sion 5A and 5B,
pertaining to enterprise zones, will be granted, even if the use of the property changes.
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Sec. 32-97. Amount of exemption.
The amount of the exemption from real property taxation provided for by this division
shall be an amount equal to the difference in the appraised value of the qualifying
structure immediately before substantial rehabilitation and immediately after substantial
rehabilitation, as determined by the director of real estate valuation. This amount only,
on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment
or reassessment. The exemption resulting from substantial rehabilitation of a qualifying
structure shall commence on July 1st of the tax year following completion of the
rehabilitation and shall run with the real estate for a period of five (5) years, and only
one (1) exemption under this division may be applicable to any structure at any point in
time. If the qualifying structure has been designated with either H-I, Historic District, or
H-2, Neighborhood Preservation District, zoning overlay designations, or is located
within an area designated as a conservation area or a rehabilitation district by the city,
then the exemption shall run with real.estate for a period of ten (10) years. An additional
f.i.vefour-year period shall apply to any residential structure that will have at least a fifty
(50) percent net reduction in the number of dwelling units after rehabilitation. Ho.wever,
during the additional four-year period, the abatement amount will be decreased tvventy
percent, (20%) in each year, such that after the completion of the fourth year, the
property shall be taxed at one hundred percent (l 009--6)of its fair market value.
Sec. 32-98. Application.
(a) Application for exemption of substantially rehabilitated real property from
taxation under this division shall be filed by the owner of such property with the director
of real estate valuation prior to commencement of any rehabilitation work for which
exemption is sought. Each application for such exemption shall be accompanied by a
processing fee in the amount of fifty dollars ($50.00). If a property is being converted,
and new and additional tax parcels will be created, the application fee shall be fifty
dollars ($50.00) for each tax parcel. No property shall be eligible for such exemption
unless all appropriate building permits have been acquired and the director of real estate
valuation has verified that the rehabilitation indicated on the application has been
completed. Furthermore, no property shall be eligible for such exemption if the director
of real estate valuation has been denied access to the entire premises either before or
after the rehabilitation work for which exemption has been applied, for purposes of
determining whether the required rehabilitation has been completed and for appraising
the property. .
(b) The burden of proof shall be on the applicant to show that the property for which
exemption has been filed complies with all the eligibility criteria established by this
division. The director of real estate valuation may require documentary proof of
eligibility, and, in such cases, documentation satisfactory to the director shall be
presented.
Sec. 32-98.1. Eligibility.
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(a) , In: order for the exemption for a property to continue in effect, such property
shall be maintained in compliance with the eity'sbuilding code, including the BOCA
National Property Maintenance Code, and, if applicable, the requirements of the City's
Rental Certificate of Compliance Program, section 7 34, et seq., of tins Code. provisions
of Chapter 7, Building Regulations, Article VI, Inoperable Motor Vehicles. of Chapter
20, iWotor vehicles and traffic, j'21-25, Willful damage to or defacement of public or
private facilities. of Chapter 21, Offences Miscellaneous, Chapter 33, VeJ!etation and
Trash. and Chapter 36.2, Zoning. of this Code. If, after receiving notice of a violation
of this sectionany of these provisions, the owner of the property fails or refuses to
complete the necessary corrections within the time required for such action, or refuses
city inspectors access to such property for the purpose of determining continued
eligibility under this section, then such eligibility shall terminate.
(b) The rehabilitation or renovation improvements must be completed within two (2)
years after the date ofthe filing of the application for exemption.
(c) In order for the exemption for a property to continue in effect, or for an owner to
app(v for such exemption, the owner thereof shall not be delinquent in any real estate
tax owed the City, and such exemption shall be void and of no effect ~f such delinquency
occurs.
(d) If a property which has qualified jor exemption is damaged byfire or Act of God
such that the remaining value of the property is less than it original assessment before
being rehabilitated, then the exemption shall cease.
Sec. 32-99. Land book.
Nothing in this division shall be construed as to permit the commissioner of revenue to
list upon the land book any reduced value due to th~ exemption provided by this
division.
Sec. 32-100. Demolition.
The exemption provided in this division shall not apply when any existing structure is
demolished or razed and a replacement structure is constructed, unless the assessed
value of the existing structure is less than ten thousand dollars ($10,000.00). The
replacement structure must be in a single-family residence, and it must have an assessed
value of at least one hundred twenty (120) percent of the median value of other dwelling
units in the neighborhood, as determined by the director of real estate valuation. Such
exemption shall not apply when the structure to be demolished is a Virginia registered
landmark, or is determined by the Division of Historic Resources to contribute to the
significance of a registered historic district.
Sec. 32-101. False statements.
The making of any false statement in any application, affidavit or other information
supplied for the purpose of eligibility determination under this division shall constitute a
Class 2 misdemeanor. 0
***
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DNISION 5C. PARTIAL TAX EXEMPTION IN REDEVELOPMENT AND
CONSERVATION AREAS, AND REHABILITATION DISTRICTS
Sec. 32-101.20. Generally; termination of exemption program.
(a) The director of real estate valuation shall, upon application made and within the
limits as hereinafter provided, order the partial exemption from real property tax of real
property upon which new structures or other improvements have been constructed
within a redevelopment or conservation area, or a rehabilitation district established in
the city.
(b) This division shall terminate and no new applications for exemption shall be
accepted on and after July 1, 201G5, .unless reenacted. This provision shall not affect
applications filed before that date, or the continued eligibility for exemption of
properties approved before that date.
Sec. 32-101.21. Rules and regulations for administration of division. .
The director of real estate valuation, with the advice and comment of the city manager,
director of finance, and commissioner, shall adopt and promulgate such rules and
regulations not inconsistent with the provisions of this division as are deemed necessary
for the effective administration of this division.
Sec. 32-101.22. Eligibility of residential real property.
In order to qualify for the exemption . from real property taxation for real property
constructed for residential use, the new structure or other improvements. must be
designed for and used as a principal single-family residential structure, and uses
accessory thereto. The structure must have an assessed value of at least one hundred
twenty (120) percent of the median value of other residential structures in the
neighborhood, as determined by the director of real estate valuation.
Sec. 32-101.23. Eli~ibi1ity of commercial real property.
Other than real property constructed for residential use, the only property eligible for the
exemption provided by this division shall be commercial property in districts zoned CN-
Neighborhood Commercial.. In order for such property to qualify, the new structure or
other improvements must be designed for and used for purposes permitted in a CN
district.
Sec. 32-101.24. Amount of exemption.
The amount of the exemption from real property taxation provided for by this division
shall be an amount equal to the increase in assessed value resulting from the
construction of the new structure or other improvement to the real estate, as determined
by the director of real estate valuation. This amount only, on a fixed basis, shall
constitute the exemption, notwithstanding subsequent assessment or reassessment. The
exemption shall commence on January'l of the year following completion of the new
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construction or improvements and shall run with the real estate for a period of (i) ten
(10) years for residential structures initially assessed at under three hundred thousand
dollars ($300,000.00), and three (3) years for residential structures assessed over that
amount, and (ii) ten (10) years for structures in CN districts initially assessed at under
eight hundred thousand dollars ($800,000.00), and five (5) years for such structures
initially assessed at over this amount and only one (1) exemption under this division
may be applicable to any real estate at any point in time.
Sec. 32-101.25. Application.
(a) Application for exemption of real property from taxation under this division
shall be filed by the owner of such property with the director of real estate valuation
after all required building permits are obtained and prior to any work being started on
the subject property. Each application for such exemption shall be accompanied by a
processing fee in the amount of fifty dollars ($50.00). No property shall be eligible for
such exemption unless all appropriate building permits have been acquired and the
director of real estate valuation has verified that the new structure or other
improvements indicated on the application has been completed and a certificate of
occupancy has been issued. Furthermore, no property shall be eligible for such
exemption if the commissioner or director of real estate valuation has been denied
access to the entire premises either before or after the work for which exemption has
been applied, for purposes of determining whether the new structure or other
improvements have been completed and for appraising the property.
(b) The burden of proof shall be on the applicant to show that the property for which
exemption has been filed complies with all the eligibility criteria established by this
division. The director of real estate valuation may require documentary proof of
eligibility, and, in such cases, documentation satisfactory to the director shall be
presented.
Sec. 32-101.26. Eligibility.
I
(a) In order for the exemption for a property to continue in effect, such property
shall be maintained in compliance with the city's building code, including the BOCA
National Property Maintenance Code, and, if applicable, the requirements of the city's
rental certificate of compliance program, section 7-34 et seq., of this Code. If, after
receiving notice of a violation of this section, the owner of the property fails or refuses
to complete the necessary corrections within the time reql.lired for such action, or refuses
city inspectors access to such property for the purpose of determining continued
eligibility under this section, then such eligibility shall terminate.
(b) The improvements must be completed within two (2) years. after the date of the
filing of the application for exemption.
(c) In order for the exemption/or a property to continue in effect, or for an owner to
apply for such exemption, the owner thereof shall not be delinquent in any real estate
tax owed the Cit),~ and such exemption shall be void and of no effect ifsuch delinquenc.y
occurs.
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(d) If a property l-vhich has qualified for exemption is damaged by fire or Act of God
such that the remaining value of the property is less than it original assessment b€Jjore
being rehabilitated, then the exemption shall cease.
Sec. 32-101.27. Land book.
Nothing in this division shall be construed as to permit the commissioner of revenue to
list upon the land book any reduced value due to the exemption provided by this
division.
Sec. 32-101.28. Demolition.
The exemption provided in this division shall not apply when any existing structure is
demolished or razed and a replacement structure is constructed, unless the assessed
value of the existing structure is less than ten thousand dollars ($10,000.00). If the
replacement structure is a single-family residence, it must have an assessed value of at
least one hundred twenty (120) percent of the median value of other dwelling units in
the neighborhood, as determined by the director of real estate valuation. Such exemption
shall not apply when the structure to be demolished is a Virginia registered landmark, or
is determined by the Division of Historic Resources to contribute to the significance of a
registered historic district.
Sec. 32-101.29. False statements.
The making of any false statement in any application, affidavit or other information
supplied for the purpose of eligibility determination under this division shall constitute a
class 2 misdemeanor.
DIVISION 6. DOWNTOWN SERVICE DISTRICT
***
Sec. 32-102.1. Additional tax imposed.
To provide for additional governmental services not being offered uniformly throughout
the city, there is hereby levied a tax of ten cents ($0.10) for everyone hundred dollars
($100.00) of assessed value of real property and improvements assessed value, less any
exemption for l,vhich the real property has qualffied pursuant to Divisions 5. 5A, 5B, or
5 C of this Chapter. of real property and improvements located in the downtown service
district as defined by section 32-102.2. Valuation and assessment of real property,
timing with respect to valuation, assessment and payment, penalties and interest on
delinquencies, abatement in the event a building is razed, destroyed or damaged or in
the case of a natural disaster, assessment of new construction and all other procedures
for and details of administration and collection of the tax imposed by this division shall
be the same as provided for by this Code for real estate taxes generally.
-,
***
DIVISION 7. WILLIAMSON ROAD AREA SERVICE DISTRICT
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7
Sec. 32-103.1. Additional tax imposed.
To provide for additional governmental services not being offered uniformly throughout
the city, there is hereby levied a tax of ten cents ($0.10) for everyone hundred dollars
($100.00) of assessed value ofn~al property and impro'.'ements assessed value, less any
exemption for which the real pro'per~y has qualified pursuant to Divisions 5, 5A, 5B, or
5 C of this Chapter, of real property and improvements located in the Williamson Road
Area Service District as defined by section 32-103.2. Valuation and assessment of real
property, timing with respect. to valuation, assessment and payment, penalties and
interest on delinquencies, abatement in the event a building is razed, destroyed or
damaged or in the case of a natural disaster, assessment of new construction and all
other procedures for and details of administration and collection of the tax imposed by
this division shall be the same as provided for by this Code for real estate taxes
generally.
***
2. This ordinance shall be in full force and effect on and after July 1, 2010.
3. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this
ordinance by title is dispensed with.
ATTEST:
~.~
fa>ury City Clerk. .
K:\Measures\Code Amendment Chapter 32 Division 5 Rehab Real Property 6 2010.doc
8
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
June 21, 2010
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Revisions to the Requirements
for the Tax Exemption
Program for the Rehabilitation
of Real Property
Background:
On June 30, 2010, the City's program that allows partial tax exemptions for the
rehabilitation of residential, commercial, and industrial real property will expire.
On June 7th, City Council was briefed by the Director of Real Estate Valuation,
Susan Lower, on proposed changes for continuing this program. A public
meeting was held on June 8th to solicit citizen input on the revisions.
The recommended changes to the program are as follows:
. A qualifying residential structure must be no less than 40 years of age; the
current requirement is 25 years of age.
. If the qualifying structure has been designated with either H-1, Historic
District, or H-2, Neighborhood Preservation District, zoning overlay
designations, or is located within an area designated as a conservation area
or a rehabilitation district by the City, the partial exemption will continue to
run for a period of ten years. Staff had originally recommended to Council
to change the period to eight years; however, feedback received from
Council Members, as well as that from the attendees at the public meeting,
supports maintaining the partial exemption timeframe in these areas at ten
years.
Honorable Mayor and Members of City Council
June21,2010
Page 2
. For residential structures, there will continue to be an additional exemption
period if there is at least a fifty percent reduction in the number of units.
Staff had originally recommended to Council to eliminate the additional five
year exemption period as it potentially allows a rehabilitated property to be
in the abatement program for up to fifteen years. Council Members were
initially in agreement with this recommendation; however, attendees at the
public meeting strongly supported the retention of this additional period.
Following the public meeting, staff further researched and discussed this
recommendation. It now recommends to Council to have an additional four
year abatement period if there is at least a fifty percent reduction in the
number of units. However, during that additional four year period, the
abatement amount will be decreased twenty percent in each year, such that
after the completion of the fourth year, the property will be taxed at one
hundred percent of its fair market value.
. For residential structures, density resulting from rehabilitation will be
allowed to conform to the current zoning ordinance; currently, no increase is
allowed in the number of dwelling units in order to participate in the
program.
. In order for the tax abatement for a. property to continue in effect, the
property must be maintained in compliance with Chapter 7 (Building
Regulations), Chapter 20, Article VI (Inoperable Motor Vehicles), Chapter 21,
Article I (Graffiti), Chapter 33 (Vegetation and Trash), and Chapter 36.2
(Zoning) of the City Code.
. In order for an owner to apply to the program, and for the property to
continue in the program, the owner cannot be delinquent in any real estate
tax owed the City.
· If a property which has qualified for the program is damaged by fire or act of
(God such that the remaining value of the property is less than its original
assessment before being rehabilitated, then the property will be removed
from the program.
· For those properties subject to the Downtown Service District tax or the
Williamson Road Area Service District tax, that tax will be applied to the
same dollar value that the base real estate tax is applied, which will be the
rehab value not the assessed value.
· Extend the termination date of the rehabilitation program from June 30,
2010 to June 30, 2015. The proposal to extend this date five years will
allow the City the opportunity to monitor and assess whether the program's
goals continue to be met as a result of these changes.
Honorable Mayor and Members of City Council
June21,2010
Page 3
Recommended Action:
Adopt the attached ordinance amending and re-ordaining Chapter 32, Taxation.
Article II, Real Estate Taxes Generally, Division 5. Exemption of Certain
Rehabilitated Real Property, and Division 5C. Partial Tax Exemption in
Redevelopment and Conservation Areas. and Rehabilitation Districts, and
Division 6. Downtown Service District, Section 32-102.1, Additional Tax
Imposed. and Division 7. Williamson Road Area Service District, Section 32-
103.1, Additional Tax Imposed, Code of the City of Roanoke (1979), as
amended, by amending the eligibility requirements for tax exemption based on
the recommendations noted above. .
Christopher . Morrill
City Manager
Ann H. Shawver
Director of Finance
CPM:rbl
c: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer .
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Tom N. Carr, Director of Planning Building and Development
Susan S. Lower, Director of Real Estate Valuation
Sherman M. Stovall, Director of Management and Budget
CM10-00124
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 1,2010
c-
Ms. TanishaJ. Nash
2739 Kirkland Drive, N. W.
Roanoke, Virginia 24017
Dear Ms. Nash:
Your term of office as a member of the Parks and Recreation Advisory Board
expired on June 30, 2010.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the Parks and Recreation
Advisory Board from July 16, 2007 to June 30, 2010. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley
in recognition of your years of service.
\
Sincerely,
~h}. ~00r0
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Enclosu re
pc: Linda Bedasaul, Secretary, Parks and Recreation Advisory Board
Jonathan E. Craft, Deputy City Clerk
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.CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
July 1,2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Mr. Michael E. Smith
1831 Syracuse Avenue, N.W.
Roanoke, Virginia 24017
Dear Mr. Smith:
Your term of office as a member of the Parks and Recreation Advisory Board
expired on June 30, 2010.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the Parks and Recreation
Advisory Board from August 7, 2006 to June 30, 2010. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley
in recognition of your years of service.
Sincerely,
~'n-).mllW
Stephanie M. Moon, CMC I
City Clerk
S M M: ew
Enclosu re
pc: Linda Bedasaul, Secretary, Parks and Recreation AdvisQry Board
Jonathan E. Craft, Deputy City Clerk
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 1 , 20 1 0
Mr. Robert H. McAden
2302 Carter Road, S. W.
Roanoke, Virginia 2401 5
Dear Mr. McAden:
Your term of office as a member of the Parks and Recreation Advisory Board
expired on June 30, 2010.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the Parks and Recreation
Advisory Board from Ju ly 17, 2006 to June 30, 2010. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley
in recognition of your years of service. .
Sincerely,
~m.hJow
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Enclosu re
/
pc: Linda Bedasaul, Secretary, Parks and Recreation Advisory Board
Jonathan E. Craft, Deputy City Clerk
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