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HomeMy WebLinkAboutCouncil Actions 05-15-17ROANOKE CITY COUNCIL REGULAR SESSION MAY 15, 2017 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All present. The Invocation was delivered by The Reverend Anthony L. Holmes, Pastor, Loudon Avenue Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 18 at 7:00 p.m., and Saturday, May 27 at 4:00 p.m.; and video streamed by Internet through CivicPlus at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: City Planning Commission — one vacancy Unexpired term of office ending December 31, 2020 Mill Mountain Advisory Board — one vacancy Three -year term of office ending June 30, 2020 Parks and Recreation Advisory Board — two vacancies Terms of office ending March 31, 2020 Roanoke Arts Commission — three vacancies Three -year term of office ending June 30, 2020 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2018 Roanoke Valley - Alleghany Regional Commission — one vacancy Three -year term of office ending June 30, 2020 Roanoke Valley Greenway Commission — one vacancy Three -year term of office ending June 30, 2020 Visit Virginia's Blue Ridge, Board of Directors — one vacancy One -year term of office ending June 30, 2018 Western Virginia Regional Industrial Facility Authority — one vacancy Unexpired term of office ending February 3, 2018 Youth Services Citizen Board — one vacancy Three -year term of office ending June 30, 2020 Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring May 2017 as Mental Health Month. Presented a ceremonial copy of the proclamation to Ashley Reynolds Marshall, Executive Director, Mental Health America of Roanoke Valley. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Chris Craft, 1501 East Gate Avenue, N.E., appeared before the Council regarding neighborhood issues, and requested temporary sign permits for citizens. Robert Gravely, 3360 Hershberger Road, N.W., appeared before the Council regarding the essence of time. Estelle McCadden, 2128 Mercer Avenue, N.W., appeared before the Council regarding conditions of neighborhoods, and in opposition of taxation on the elderly. Freeda Cathcart, 2516 Sweetbrier Avenue, S.W., appeared before the Council about the preservation and maintenance of the caretaker's cabin in Fishburn Park. Benjamin Bristoll, 1115 Howbert Avenue, S.W., appeared before the Council in opposition of the proposed Solid Waste fee; and the decrease in funding for the arts and culture endowment. 4. CONSENT AGENDA: (APPROVED 7 -0, with the withdrawal of C -2 and C -3) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meetings of City Council held on Tuesday, January 3, 2017 and Tuesday, January 17, 2017. RECOMMENDED ACTION: Dispensed with the reading thereof and approved as recorded. C -2 A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performances of the Council- Appointed Officers, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. Withdrawn C -3 A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection of a City Manager, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Withdrawn C -4 A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 19, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the Acting City Manager shall determine, on the issuance of General Obligation Bonds not to exceed $33.5 million for qualifying capital improvement projects. RECOMMENDED ACTION: Concurred in the request. C -5 Reports of qualification of John Lewis as a member of the Youth Services Citizen Board to fill the unexpired term of office of Paula Page Williams ending June 30, 2018; and Stephen D. Poff as a City representative (Chief Magistrate) of the Court Community Corrections Program Regional Community Criminal Justice Board ending June 30, 2020. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF ACTING CITY MANAGER: a. ACTING CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Appropriation of funds in connection with fleet vehicle surplus sales and insurance recoveries. Adopted Budget Ordinance No. 40809 - 051517. (7 -0) 2. Acquisition of real property rights for the Blair Road Stormwater Drainage Improvement Project. Adopted Ordinance No. 40810-051517. (7 -0) Execution of a Temporary Nonexclusive Revocable License Agreement with Shentel Communications, LLC, to allow construction, maintenance and operation of telecommunications facilities in the City's public right -of -way. Adopted Ordinance No. 40811- 051517. (7 -0) COMMENTS OF ACTING CITY MANAGER. The Acting City Manager shared the following comments: Commonwealth Awards Honor City Event • At the Annual Virginia Public Relations Awards Ceremony on May 10, the Office of Communications' entry -- "Bringing George Takei to Roanoke" -- received the 2017 Commonwealth Award of Excellence, for the Crisis Communication category. • This is the highest award an entry can receive in a category. • The entry was based on the city's efforts to reinforce its reputation as a welcoming community by inviting to Mr. Takei to come and share his life experiences supporting the importance of inclusion. Mavor's Summit to Address Starting a Business • Wednesday, May 24, 9:00 a.m. to noon • Goodwill Industries of the Valley Support Center, 2502 Melrose Avenue, N.W. • The event will be focused on new and prospective business owners, and will introduce them to the best practices for streamlining the opening and operation of a business in the City of Roanoke. Upcoming Events Local Colors Festival • May 20 • Elmwood Park, 11:00 a.m. to 5:00 p.m. Festival in the Park • Friday- Sunday, May 26 -28 • Elmwood Park Lebanese Festival • Friday- Sunday, June 2 -4 • St. Elias Social Hall, Church and grounds 2017 Budweiser Summer Series is Coming to Elmwood Park The lineup features: • Flo Rida - July 16 • George Thorogood and The Destroyers — July 29 • Third Eye Blind — September 15 Tickets can be purchased through Berglund Center (online, at the box office, or by phone). b. DIRECTOR OF FINANCE: Authorization to issue General Obligation Public Improvement Refunding Bonds, not to exceed $45 million principal amount in refunding bonds on or before June 30, 2018. Adopted Resolution No. 40812 - 051517. (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. Kathleen Jackson, Chief Financial Officer, Spokesperson. Adopted Budget Ordinance No. 40813- 051517. (7 -0) b. A report of the Roanoke City School Board requesting amendment to the 2016 — 2017 Categorical Budget to increase revenues and expenditures of the School Board Food Service Fund; and a report of the Director of Finance recommending that Council concur in the request. Kathleen Jackson, Chief Financial Officer, Spokesperson. Adopted Budget Ordinance No. 40814 - 051517. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and /or comments by the Mayor and Members of City Council. Mayor Lea invited new and prospective business owners to a Business Summit to introduce best practices for streamlining the opening and operation of a business in the City of Roanoke. The FREE event to be held on Wednesday, May 24 from 9:00 a.m. - 12:00 noon. Register at: goo.gl /8AM6No or contact Lisa Soltis at (540) 853 -1695 if you have questions. Mayor also announced the Lea Youth Outdoor Basketball season will begin on May 30 at Melrose Park and June 1 at Fallon Park. Girls and Boys 11 - 18 years of age invited. Cost is $10.00 and uniforms provided. Contact James Lynch for early registration at (540) 627- 0675. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. OTHER BUSINESS: a. Consideration to adopt Recommended FY2017 — 2018 Budget and other related items: Mayor Lea stated the City Council would be adopting measures in connection with the City's Recommended 2017 -2018 Fiscal Year Budget, which takes effect July 1, 2017. A Certificate of the Director of Finance advising that funds required for the 2017 - 2018 General Fund, Stormwater Utility Fund, Civic Facilities Fund, Parking Fund, Risk Management Fund, School Fund, School Food Fund and Grant Fund budgets will be available for appropriation, subject to the adoption of the revenue measures proposed by the Acting City Manager in the May 15, 2017 City Council Agenda. Received and filed. 2. Adoption and reaffirmation of real estate tax rates. Adopted Ordinance No. 40815- 051517. (7 -0) 3. Amendment of the City Code in connection with the implementation of a Solid Waste fee, effective January 1, 2018. Adopted Ordinance Nos. 40816-051517 and 40817 - 051517; and Resolution No. 40818. 051517. (7 -0) 4. Amendment of the City's Fee Compendium for parking fee rate adjustments. Adopted Ordinance No. 40819- 051517 and Resolution No. 40820. 051517. (7 -0) 5. Adoption of Annual General, Stormwater Utility, Civic Facilities Fund, Parking Fund, Risk Management Fund, School Fund, School Food Fund and Grant Fund budgets appropriations for the fiscal year beginning July 1, 2017 and ending June 30, 2018. Adopted Budget Ordinance No. 40821- 051517. (6 -1, with Council Member Garland voting no.) 6. Endorsement of a certain update to the Five -year Capital Improvement Program for Fiscal Years 2018 - 2022; and appropriation of funds in connection therewith. Adopted Resolution No. 40822- 051517 and Budget Ordinance No. 40823-051517.(7-0) 7. Appropriation of FY2018 funds for Enterprise Zone. Adopted Budget Ordinance No. 40824-051517. (7 -0) 8. Approval of the 2017 - 2018 HUD Consolidated Plan and 2018 Annual Plan; and authorization to submit documentation to HUD for final review. Adopted Resolution No. 40825- 051517. (7 -0) 9. Adoption of a Pay Plan for officers, employees, Council appointed officers and Constitutional Officers of the City; and authorization for certain salary adjustments and merit increases and monthly stipends for certain board and commission members, effective July 1, 2017. Adopted Ordinance No. 40826-051517. (7 -0) The City Attorney submitted a written communication requesting that City Council authorize a public hearing to be held on Monday, June 19 at 7:00 p.m., or as soon thereafter as the matter may be reached, or such other date and time as deemed appropriate by the Acting City Manager, regarding an Amendment to Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended. Council concurred in the request. (7 -0) 13. RECESSED - 3:43 P.M. 14. RECONVENED - 4:00 P.M. City Council conducted the four remaining interviews in the Council Chamber, to consider two School Board Trustee vacancies for three -year terms of office, effective July 1, 2017. The four candidates were Ruth Elizabeth (Beth) Deal, Jeanne Puckett Fishwick, Keyshia Guthrie McNeil and William B. Hopkins, Jr. AT 5:51 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION MAY 15, 2017 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by The Reverend Randy L. Martin, Pastor, Preston Oaks Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 18 at 7:00 p.m., and Saturday, May 20 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the City of Roanoke 2017 Leadership College Graduates. Mayor Lea presented Certificates of Appreciation to the City of Roanoke 2017 Leadership College Graduates. Mayor Lea recognized Boy Scout Troop No. 8, sponsored by Raleigh Court Baptist Church who were in attendance. B. PUBLIC HEARINGS: Proposal of the City of Roanoke to authorize condemnation proceedings in connection with the Cove Road /Dansbury Drive Stormwater Drainage Improvements Project. R. Brian Townsend, Acting City Manager. Adopted Ordinance No. 40827-051517. (6 -0) 2. Proposal of the City of Roanoke to consider an agreement regarding the development of a proposed joint communications center for (i) an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc.; and (ii) an E -911 Center to be owned and operated by the City. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 40828- 051517. (6 -0) 3. Proposal of the City of Roanoke to amend the City Code in connection with the definition of "hotel" to include "bed and breakfast' and "homestay" establishments, and "short-term rental', and to reduce the occupancy from five to one. Daniel J. Callaghan, City Attorney. The matter was postponed until the June 19, 2017 Council meeting at 2:00 p.m., in the Council Chamber. C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the Acting City Manager for response, recommendation or report to Council, as he may deem appropriate. Terry Huxhold, 1125 16`" Street, S.E., appeared before the Council to request assistance in arranging a meeting with Congressman Bob Goodlatte to discuss matters of mutual interest. Mayor Lea announced that Friday, June 2 was National Gun Violence Awareness Day and encouraged everyone to wear orange --a color that demands to be seen —to send a message that more can be done to end gun violence. D. ADJOURNED - 8:23 P.M. 10 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A,enw, S. N'., Suite456 "=au• - :.r._te Roanoke, \'irginia 24011 -1536 TelepLOne: (540)853-241 1.,: (540) "3 -1145 Email: dcrk(n raanokeca.poc SFEPIL(SIE NJ. MOON REMOLDS, Nn1(' (it, Clerk May 17, 2017 The Reverend Anthony L. Holmes, Sr., Pastor Loudon Avenue Christian Church 730 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Pastor Holmes: C FA ELIA F. 61C Col Denut, (u> Clerk ( LC FLIA T. NPEBB, ('.NC whtant Dcyutp City CJut, On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, May 15, 2017. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Cecelia F. Mccoy o Deputy City Clerk CFM:aa Office of the Mayor CITY OF �' ROANOKE rotiandion MENTAL HEALTH MONTH 2017 WHEREAS, mental health is essential to evervnre's overall health and veh- hetng; WHEREAS, mental i /bnerses are real mrd prevalent in our nation, mrd hap fus a id have a mental health dingairas at some point m our lives; WHEREAS, allAmertcaa, experience time, feirdimlry mr./,aii s in their lives, mad should feel comfnh ble br seeking help nn 1, pport to manage draw nines; WHEREAS, engnging in prevention, early iden(ifimlion, and early intervention are as effective ways to reduce the burden f mca ml illnesses as they are to reduce fire burden of other chrmac earth vm,: WHEREAS, there is a strong body ofresearch that identifcs behavioral health risks and sapporre, specific tools that all Americans can use to protect that, health and well -being WHEREAS, with eJ/ccttve treaanunit before Stage 4. all individuals with mental ilhievs,v every secants mental illnesses — can make progress toward recovery and leadfull, p sidnetive lives: WHEREAS, jade mrd prisons (rave often become the default places of custodial care for even nonviolent people with .serious mental illnesses; and WHEREAS, each bu......, school, government agency, healthcare provider, organization and citizen has a responsibiliry to promote mental health and vsdl -being jorall. NOW, THEREFORE, 1,, S /nervrmn P Len, Sr., Mayor of the City f Ronnoke do hereby call apon the Gdzens, got ant agencies, public and private to ainainn,, bas .. s and schools- to recommit increasing a mess and understanding of ire ve war anal health and, do prmilaimnMar 2017 throughout this great six -tune All - America City, as MenmllLealth Month Given under our hands and the Seal fdne City (Roanoke this fifteenth day of tin the yens two thousand and seventeen. Shermmr P. Len, to Meryor A77/T�EST' Cecelia F. McCoy U•( Depaty Cin Clerk May 15, 2017 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Tinkle I wish to request a Closed Meeting to discuss the annual performances of the Council - Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sinc rely, David B. Trinkle, Chair City Council Personnel Committee DBT:ctw <Fiq CITY OF ROANOKE o CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building Suite 456 •nRtcreit Roanoke, Virginia 24011 -1536 -- Telephone: (540) 853 -2541 SHERMAN R LEA, SR. Fax: (540) 853 -1145 Mayor Email: clerkgroarokevagov May 15, 2017 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Tinkle I wish to request a Closed Meeting to discuss the annual performances of the Council - Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sinc rely, David B. Trinkle, Chair City Council Personnel Committee DBT:ctw May 15, 2017 The Honorable Mayor Sherman P. Lea and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Trinkle I wish to request a Closed Meeting to discuss a personnel matter, being the selection of a City Manager, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, avid B. Trinkle, Chair City Council Personnel Committee DBT:ctw CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W, _ Noel C. Taylor Municipal Building, Suite 456 Virginia 24011 -1536 Roanoke, - Telephone (540) 853 -2541 Fax: (540) 853 -1145 SHERMAN R LEA, SR. Email: clerk@roanokeva.gov Meyar May 15, 2017 The Honorable Mayor Sherman P. Lea and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Trinkle I wish to request a Closed Meeting to discuss a personnel matter, being the selection of a City Manager, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, avid B. Trinkle, Chair City Council Personnel Committee DBT:ctw Meeting: May 15, 2017 Subject: Public Hearing for Authorization of the Issuance of Debt for FY 2018 Capital Improvement Projects Background: On May 15, 2017, City Council is scheduled to adopt the Capital Improvement Program (CIP) Update for FY 2018 -2022. The CIP includes bond issuance in FY 2018 in the amount of $32.2 million for the following projects: • School Facility Maintenance and Improvements - $14,1056 • Library Master Plan - 000 • Parks and Recreation Master Plan - 2,500,000 • Civic Center- 1,000,000 2,000,000 • Stormwater Management- 1,500,000 • Curb, Gutter and Sidewalk Program - 375,000 • Fire Facilities - 1 • Fire /EMS Airpacks ,400,000 700,000 • Street improvements - 600,000 • RCIT Improvements- 3,500,000 • Fleet Capital Replacements - 1,775,000 • Technology Capital - Total: $32,206,000 Considerations: Council authorization of a public hearing on the issuance of debt is required to ensure that the public hearing notices are published in accordance with code requirements. The public hearing is to be scheduled for June 19, 2017 at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on June 19, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine, on the issuance of general obligation bonds not to exceed $33.5 for qualifying Capital Improvement Projects. This authorization includes authorization to provide proper notification and publication of such public hearing in accordance with code requirements on or about June 5, 2017 and Ju e 12, 2017. !L `- , arbar A.-Ka meron ie Director of Finance Distribution: Council Appointed Officers fit' a S'I 11'II,\N I k'. M. MOON REVNOLUS, MM(' City ('Icrk CITY OF ROANOKE OFFICE OFTHE CITY CLERK 215 chinch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1576 nlvph)ne: (541)) x53 -2541 (5411) 853 -1145 4: mail: olcrkpr ivanokcvn.Rnv May 17, 2017 Aisha Johnson Assistant to the City Manager Roanoke, Virginia Dear Ms. Johnson: CM 1.1.IA K NI('('(A 1),,p ('it, ('Irvk ('4:('1:1.1 A'1. W ER11, ('MC A,,kW l Ik,,j, ('it, Cki It This is to advise you that John Lewis has qualified as a member of the Youth Services Citizen Board to fill the unexpired term of office of Paula Page Williams ending June 30, 2015. Sincerely, Cecelia F. McCoy Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, John Lewis, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board to fill the unexpired term of office of Paula Page Williams ending June 30, 2018, according to the best of my ability. (So help me God.) The foregoing oath of office was taken, cwt John Lewis this Oday of I I FLl 1 2017. to, and subscribed before me by Brenda S. Hamilton, Clerk of the Circuit Court ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fez: (540) 853 -1145 E -n nil: elerk(e,onnokevn.gov CECELIA F. MCCOY STEPHANIE M. MOON REYNOLDS, MMC Deputy City Clerk City Clerk CECELIA T. W EBB, CMC AsslsLmt Deputy Ch, Clerk May 17, 2017 Krystal Hullette, Director Court and Community Services 1717 Peters Creek Road, N. W. Roanoke, Virginia 24017 Dear Ms. Hullette: This is to advise you that Stephen D. Poff (Chief Magistrate) has qualified as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three -year term of office ending June 30, 2020. Sincerely, Ce -u �"- -!Mc17 Cecelia F. McCoy Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Stephen D. Poff, do solemnly swear (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 (Chief Magistrate) of the Court Community Corrections Program Regional Community Criminal Justice Board for a three -year term of office ending June 30, 2020, according to the best of ability. (So help me God.) STEPHEN D. POFF The foregoing oath of office_ we ttayke sworn to, and subscribed before me by Stephen D. Poff this day of �[[ 2017. Brenda S.HHamiltonn,,%%Cle�rk of the Circuit Court p„ ( ref 7l 1��/'ApICGy lerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of May, 2017. No. 40809- 051517. AN ORDINANCE to appropriate funding from Sale of Surplus Property Revenue and Insurance Recoveries, amending and reordaining certain sections of the 2016 -2017 Fleet 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 2016 -2017 Fleet Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Reserve — Future Capital Outlay Revenues Sale of Surplus Property Insurance Recoveries 17- 440 - 2642 -3028 $168,812 17- 110 - 1234 -0867 135,195 17- 110 - 1234 -0992 33,617 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C�04J City Clerk eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2015 Subject: Appropriation of Vehicle Surplus Revenue and Insurance Recoveries (CM 17-00039) Background: The Fleet Management Division regularly disposes of surplus vehicles on an online auction site. These sales supplement funding budgeted for vehicle replacement. The FY 2016 -2017 Fleet Management budget included anticipated revenue of $100,000 associated with surplus sales. Additionally, when a fleet vehicle is involved in an accident, Risk Management begins the process of recovering damages from the liable party. These recoveries help to offset the repair or replacement of those vehicles. There is no established budget associated with insurance recoveries. Considerations: It is anticipated that Fleet Management will generate an additional $135,195 in revenue above the adopted budget for surplus sales and will also receive $33,617 in insurance recoveries from liable parties for accidents. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding in the amount of $135,195 from vehicle surplus sales and $33,617 in insurance recoveries to Fleet Reserve- Future Capital Outlay (Account 17-440-2642-3028). R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations 4t ! CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tolcpha,c (540)853 -2541 Fu.: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC GmNi: rlerkQtlrounukevu'K0° CECELIA F. MCCOY City flak Deputy City Clerk May 17,2017 CECELIA T. WERR, CMC y Assistant Deputy City Clerk James M. and Eleanor M. Spiggle Daniel J. Fisher and Kaitlin K. Hertling Carl C. Gates and Nancy M. Smith Frank R. Rogan and Ilsa Saavedra James R. and Cynthia L. Eaton John David Sheretz and Vickie Nichols Carilion Clinic Properties, LLC Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40810- 051517 providing for the acquisition of real property rights needed by the City in connection with the Blair Road Stormwater Drainage Improvements Project, located along Blair Road, S. W., in the vicinity of the intersection of Blair Road and Hunters Road, S. W., and surrounding streets; authorizing City staff to acquire such property rights by negotiation for the City; subject to approval as to form by the City Attorney; and authorizing the Acting City Manager to execute appropriate acquisition documents. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, ^ eet4 ' J-- Cecelia F. McCoy Deputy City Clerk Enclosure R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, GCM, PWM, Stormwater Manager Jack Ellinwood, Civil Engineer I, L.A. ENV SP Cassandra L. Turner, Economic Development Specialist �)" IN'I11P. COUNCIL Op "1'I Ili CITY OF ROANOKE, VIRGINIA 'I'hc 150h day of P41y, 2017. N, 40810 - 051517. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Blair Road Stormwater Drainage Improvements Pnrjec( ( "Project "); authorizing City staff to acquire such pngrefty rights by negotiation for the City: authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. 131: 1'f ORDAINIJ) by the Council of the City of Roanoke as follows: 'I he City wants arid, needs certain real property rights, to include permanent easements of variable length and width, temporary casements, right of way interests in fee simple, and such other - real property interests as needed, as set forth in the City Council Agenda Report dated May 15, 2017, for the Project, located along Blair Road, S.W., Roanoke, Virginia, in the vicinity of the intca-seetion of Blair Road, S.W., Roanoke, Virginia and Ilunters Road, S.W., Roanoke, Virginia and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Repot, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned pareel(s), and such other real property interests needed for the Project, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the O- Amhoriw awry¢ of prep rights -Blair Road S'tomnveter Dreinaoe Impmvemems Pr,lo (5- 15 -17) Project's aceulmt till such pulposeS. without further uuthorir.'diun of Council. ))poll the aeecptance ill any ollcr mill upon (1eliver) to the City, ill applolMotc tleyuisiti(In CIOCUillell Ss appnrvcd as to form by the City' Aftorney, the Director of I inunce IS authorized to pay the respective considcrtltion to the owners of the rid property interest conveyed, ceitilicd by the City A(lorncy to be entitled to the same. 3. Pursutmt to the provisions of Section 13 of the City Charter, the second reading ol, this Ordinance by title is hereby dispensed with. AI FIGS I : 1)1,dJ City Clerk. O -Alilh llze eequ6 of,, nights -Blair Road Smmnramv Drainage Impmvo iiws Prolem (5- 15 -17) ECITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Acquisition of Real Property Rights for Blair Road Stormwater Drainage Improvement Project (CM 17-00035) Background As part of the FY 2017 Capital Improvement Program, City Council appropriated $1.62 million for storm drain improvement projects. These appropriated funds will be matched with $1.61 million in Virginia Department of Transportation Revenue Sharing funds plus an additional $1,000,000 in Stormwater Utility operating funds. One of the projects to be funded by this combined FY 2017 funding appropriation is the Blair Road Stormwater Drainage Improvement project. This project is located along Blair Road, S.W., on the east side of the Hunters Road intersection. This neighborhood lacks stormwater conveyance systems in some areas evidenced by flooding affecting private properties primarily along the North side of Blair Road. Stormwater runoff from the public right of way contributes to flooding of private properties. Construction of the proposed stormwater conveyance system for this project would alleviate the effects of certain storm events by redirecting runoff within the proposed conveyances along Blair Road to a stabilized outfall at the end of the right -of -way. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from various private property owners. Considerations City Council action is necessary to authorize the acquisition of real property rights needed for the Blair Road Stormwater Drainage Improvements Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in project account 03 -530- 3010 -8357 Stormwater Utility. Along with rights of access, permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect seven properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified to date are as follows: Tax Map Parcel Address Owner Required Property Rights Number James M. & Eleanor 10' Temporary Construction Easement 1370801 1619 BLAIR RD SW M. Spiggle Daniel J. Fisher& 10' Temporary Construction Easement 1370802 1611 BLAIR RD SW Kaitlin K. Hertling Carl C. Gates & 10' Temporary Construction Easement 1370803 1609 BLAIR RD SW Nancy M. Smith Frank R. Rogan & Ilsa 10 Temporary Construction Easement 1370805 1601 BLAIR RD SW Saavedra lames R. Eaton Jr. & 10' Temporary Construction Easement 1370908 1616 BLAIR RD SW Cynthia L. Eaton John David Sheretz & 10' Temporary Construction Easement 1370909 1602 BLAIR RD SW Vickie Nichols John David Sheretz & 10' Temporary Construction Easement 1370910 0 BLAIR RD SW Vickie Nichols 2301 BRAMBLETON AVE CARILION CLINIC 50' X 50' Temporary Drainage & 1370102 sw PROPERTIES LLC Construction Easement and 30' Permanent Drainage Easement Recommended Action: Authorize the acquisition of any and all real property rights needed to construct the proposed Blair Road Storm Drainage Improvement Project, including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the Acting City Manager, such documents to be approved as to form by the City Attorney. TnOnTownsend Acting City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager Jack Ellinwood, Civil Engineer I L.A. ENV SP Cassandra L. Turner, Economic Development Specialist gt CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Clmrch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephoto (541))853 -2541 Fnx: (540)853 -1145 STEPHANIE M. MOON R4: \'N(11.DP, MM(' F. moil: ckrk(m,nnnokevn.gov CECELIA F. MCCOY City ('lerk Deputy City Clerk May 17,2017 CECELIAT. WEBB, CC y A,,i,ttnl Deputy City Clerk Christopher Kyle, Vice President Industry Affairs & Regulatory Shentel Communications, Inc. P. O. Box 459 Edinburg, Virginia 22824 -0459 Dear Mr. Kyle: I am enclosing copy of Ordinance No. 40811- 051517 authorizing the Acting City Manager to execute, on behalf of the City, a Temporary Nonexclusive Revocable License Agreement with Shentel Communications, LLC, that allows the construction, maintenance, and operation of a telecommunications facility in, over, under, and across the City's rights -of -ways in order to provide telecommunications services within the City for four years, and continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise and /or Agreement, whichever occurs first, subject to being revoked without cause upon one year notice from the City to the Shentel, subject to approval as to form by the City Attorney; and authorizing the City Manager to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Mark D. Jamison, P.E., Manager of Transportation Roy Mentkow, Director of Technology IN'I11F COUNCIL OI''fl Ili ('I I Y OI: ROANOKI :. VIRGINIA The 15th day of May, 2017. N, 40811- 051517. AN ORDINAN(T. authorizing the City Manager to execute on behalf Of the City a lcmporary Noncxclusi vc I2cvocablc I,iccnsc Agn:cmenl with Shcntcl ('onununications, LL(', that allows the construction, maintenance, and operation of it 1ldCCmn1nnnlCLdi011S facility imovcr, under, and across the City's rights -ol =ways in order to provide teICCOmn1r1111Catlon5 services within the City: authorizing the City Managerto implement. administer, and enforce such Temporary Nonexclusive Revocablc License Agreement; and dispensing with the second reading of this ordinance by title. 131; 1 ORDAINED by the Council of the City of Roanoke as follows: I. The City Manager is hereby authorized on behalf-of the City to execute a Temporary Nonexclusive Revocable License Agreement with Shentel Communications, LLC (Licensee), that allows the construction, maintenance, and operation of telecommunications facility in, over, under, and across the City's rights- of-ways in order to provide telecommunications services within the City, all as is more particularly set forth in the City Council Agenda Report to this Council dated May 15, 2017. 2. The temr for the Temporary Nonexclusive Revocable license Agreement shall be for four (4) years, and continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise and /or Agreement, whichever occurs first, and shall be subject to being revoked without cause upon one year notice from the City to the Licensee. 3. The Temporary Nonexclusive Revocable license Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the City Council Agenda Report to this Council dated May 15, 2017. a,woionze Iemporzry liccnm n6�emenl— Y,,t.1l o- 15-17) 1 -a. 'Ihe ('iI) M;wagcr is IIIItIICI authuriicd lu wkc such aetl oil S and cxCCLite such documents as Tom he ncccsvarp to implcntCnt, adnuni,vtcr, and cnforCC such 'fcmporary Noncacl Lis INC Revocahlc License AgrcemenL mth any such documents hcing approved as to form by the City Attorney. 5. Pursuant to the provisions of See on 13 of the City Charter. I csecond reading ofthis ordinance by title is herchy dispensed mih. A I T] IS I Dr�ai+� City Clcrk. O- Antboriu temporary lisnse aercen,rnl - Shanel (5- IS -19) 2 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Temporary Nonexclusive Revocable License Agreement for Shentel Communications, LLC (CM17- 00040) Background: In April 2017, Shentel Communications, LLC (Shentel) made a request to the City of Roanoke for a Temporary Nonexclusive Revocable License Agreement (License Agreement). This request asked for the right for Shentel to install approximately 37 miles of fiber optic cable in the City's public right -of -way to provide network telecommunication services to Roanoke City Public Schools. Approximately 90 percent of this distance will be overhead lines utilizing existing utility poles, with the remaining 10 percent placed underground. Considerations: Shentel and City staffs have negotiated a Temporary Nonexclusive Revocable License Agreement that will allow Shentel to use the City's public right -of -way to install and operate a telecommunication system or facilities to provide telecommunications services within the City. Such License Agreement is substantially similar to other license agreements that have been granted by the City to other telecommunications providers operating in the City. Such License Agreement provides that Shentel will be granted a License Agreement for the term of four years and month to month thereafter until the adoption of a telecommunications regulatory ordinance, franchise and /or agreement that the City may adopt in the future, and that Shentel will comply with any such future telecommunications regulatory ordinance, license, and /or franchise that the City may adopt, in accordance with the law that may be applicable to such matter. The License Agreement provides that Shentel will owe the City and /or allowed and are due in accordance with the law to the City and the Commonwealth of Virginia under applicable federal, state, and local laws, ordinances, and regulations. The License Agreement also provides that Shentel will comply with the City's Right of Way Excavation and Restoration Standards with regard to any work that it does in the City's public ways. A copy of the proposed License Agreement is attached to this letter together with a map showing the general fiber route that Shentel intends to install within the City's public ways. The Department of Technology and other City departments have reviewed Shentel's request for the License Agreement and the proposed route for installation of fiber and other facilities within the public ways. The Department of Technology, in consultation with the Transportation Division and the Director of Public Works, has no objections to the request of Shentel for the License Agreement, and believes that the License Agreement will protect the City's interest in being able to manage the City's public right -of -way. In 1996, Congress passed the Telecommunications Act of 1996. The Act was designed to remove regulatory barriers and create competition among all types of telecommunications companies. The Act preempts all state and local laws that prohibit or have the effect of prohibiting a business from providing telecommunications services within a locality's public ways. However, the Act does allow the locality to take reasonable steps to protect or to manage such locality's public ways. Therefore, granting the requested License Agreement to Shentel will be consistent with the purposes and provisions of the Telecommunications Act of 1996. There is no funding requirement on behalf of the City. Recommended Action: Authorize the Acting City Manager to execute a Temporary Nonexclusive Revocable License Agreement with Shentel Communications, LLC that allows Shentel to construct, maintain, and operate telecommunications facilities in the City's public right -of -way, as set forth above and in the License Agreement. The term of such License Agreement will be for four years and continue month to month thereafter or until the adoption of a telecommunications regulatory ordinance, franchise and /or agreement by the City, whichever occurs first, subject to being revoked by the City upon one year notice to Shentel. The Temporary Nonexclusive Revocable License Agreement shall be in a form 2 Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to this letter. Authorize the Acting City Manager and /or City Manager to take such action and execute such documents as necessary to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement. All such other documents shall be in a form approved by the City Attorney. R. Brian Townsend Acting City Manager Distribution: Stephanie Moon Reynolds, City Clerk Daniel Callaghan, City Attorney Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Roy Mentkow, Director of Technology Mark D. Jamison. P.E., Manager of Transportation 3 TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT This Temporary Nonexclusive Revocable License Agreement (hereafter— License or Agreement) is made and entered into this 15th day of May, 2017 between the City of Roanoke, Virginia, a Virginia municipal corporation (hereafter- City or Grantor) and Shentel Communications, LLC (hereafter Shentel or Grantee), a Virginia Limited Liability Company, having an office at 500 Shentel Way, Edinburg, VA 22824. WHEREAS, Shentel has requested the right to install, construct, maintain, and operate a telecommunications facility in, over, under, and across the City's rights -of -way in order to provide telecommunications services within the City; and WHEREAS, Shentel desires to enter the City rights -of- -way under a temporary nonexclusive revocable license to use the rights -of -way at its own risk; and WHEREAS, the City is agreeable to allowing Shentel to use the City rights -of -way subject to certain terms and conditions hereinafter set out and subject to any Telecommunications Regulatory Ordinance and License/Franchise Agreement that may be adopted by the City in the future. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City and Shentel agree as follows: Section l: Grant of Authority. Shentel will provide a detailed route diagram and detailed description of all facilities, appliances, their location, and construction requirements which it anticipates will be used for its telecommunications facility within the City of Roanoke. A route diagram dated April 7th, showing the current and anticipated route is attached to this License Agreement as Exhibit 1. Shentel is hereby granted a temporary nonexclusive revocable license to construct, maintain, and operate a telecommunications facility in, over, under, and across those portions of the public ways within the City as described in Exhibit 1, which sets forth the current anticipated route of Shentel's telecommunications facilities to be installed within the City's public ways, and to such other public ways within the City as Shentel may request and which requests are approved by the City Manager or the City Manager's designee in his /her reasonable discretion and which are in compliance with the provisions of this License Agreement ( "future facilities "), all for the sole purpose of providing telecommunication services. It is understood and agreed that this Agreement does not authorize any provision of any cable television services of any type or any wireless services or other types- of services other than telecommunications services as defined in the definition section of this License Agreement. The City specifically reserves the right to grant other licenses, franchises, or other rights as it deems appropriate for other telecommunications systems or facilities or any other purposes in accordance with the law. Section 2: Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence to which they are used shall indicate otherwise: Ten poms N,nexchuive Rccaable Liceine Agreemnn- 5.10.1 Wclewp I "Affiliate" means a person that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person. "Cable Act" shall mean the Cable Communications Policy Act of 1984,47 U.S.C. § 531 et seq., as now and hereafter amended. "Cable operator" means a person providing or offering to provide "cable service" within the City as that tern is defined in the Cable Act. "Cable television service" for the purpose of this Agreement shall have the same meaning provided by the Cable Act. "City" means the City of Roanoke, Virginia, and where appropriate, its officers, agents, employees and volunteers. "City Manager" means the City Manager of the City of Roanoke or his designee. "City property" means and includes all real property owned by the City, other than public streets and utility easements, as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right -of -way licensing and franchising as provided in this Agreement. "Communications Act" means the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104 -104, 110 Stat. 56, and as may be amended from time to time. "Conduit" means any materials such as the metal or plastic pipe that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunication service. "Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, ftberoptic cable, or other technology for the provision of telecommunications service. "Excess capacity" means the volume or capacity in any existing or future duct, innerduct, conduit, manhole, handhole or other utility facility within the public way that is, or will be, available for use for additional telecommunications facilities. "FCC" or "Federal Communications Commission " means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. "Grantee" means Shentel or any successor -in- interest to Shentel permitted by this Agreement. "Grantor" means the City of Roanoke, Virginia. "Gross revenue" means any and all cash, credit, property of any kind or nature, or other Temporary FonexcIkvI a Re%(cahle Licel— A,eeme"t 5.10.17(6ea11) consideration received directly or indirectly by a telecommunications carrier in any way derived from its provision of telecommunications service in the City or from its telecommunications facilities in the City. "Maintenance" means any effort or expenditure taken or made by a Grantee to pres erve, repair, or improve existing telecommunications facilities or infrastructure in accordance with generally accepted industry standards. "other ways" means the highways, streets, alleys, utility easements or other rights -of -way within the City, but under the jurisdiction and control of a governmental entity other than the City. "Overhead facilities" means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means any natural person, corporation, company, association, joint stock company or association, firm, partnership, limited liability company, joint venture, trust, individual and any other legally recognized entity, private or public, whether for profit or not -for -profit and includes the officers, agents, employees or representatives of such entity where appropriate. "Public street" means the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right -of -way, including non -paved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, or similar public use. "Public way" means and includes all public streets and utility easements, as those terms are defined herein. now or hereafter held or controlled by the City, but only to the extent of the City's right, title, interest or authority to grant a License or Franchise to occupy and use such streets and easements for telecommunications facilities. "State" or "Commonwealth" means the Commonwealth of Virginia. "State Corporation Commission" means the State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the Commonwealth of Virginia. "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, circuits, equipment or property within the City, used or to be used for the purpose of offering telecommunications service. " Telecommunica tionsfacilities " means the plant, equipment and property, including but not limited to, fiber optic cables, cables, lines, wires, conduits, ducts, circuits, pedestals, antennae, electronics and other appurtenances or technology used or to be used to transmit. receive, distribute, provide or offer telecommunications services. Ta,—ryNon 1111i1 c Rcvuable Littnu Apmemem -5.10 17(clea11) "Telecommunications service(s)" has the meaning set forth in the Communications Act "Telecommunications system" See "Telecommunications facilities ". "Underground facilities "means utility or telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. "Utility" or "Public Utility" shall be defined in accordance with applicable state laws regarding public utilities. "Utility easement" or "Public Utility easement' means any easement held by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. "Utility facilities" means the plant, equipment and property, including but not limited to, the poles, pipes, mains, conduits, ducts, cables, fiber optic cables, circuits, wires, lines, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services. Section 3: Compliance With Applicable Law. City and Grantee shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to the Communications Act. Section 4: Permits. Grantee, including its contractors and consultants, prior to any construction or work will obtain all appropriate permits therefor, including any application and permit for right -of -way excavation if any streets will be disturbed. Section 5: Grantee's Authority. Grantee warrants and represents that it has obtained all necessary and appropriate authority and approvals from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City and upon request by the City will provide evidence of such authority. Section 6: License Only. Grantee acknowledges and agrees that all Grantee is granted by this Agreement is a temporary nonexclusive revocable license and that no franchise or any other rights of any kind are granted by this Agreement, including but not limited to any right to provide any type of cable television services or wireless services. Section 7: Application Of Telecommunications Regulatory Ordinance. Grantee acknowledges and agrees that the City may develop a Telecommunications Regulatory Ordinance and /or License /Franchise Agreement in the future (a "Future Ordinance "). Any such Future Ordinance shall apply as may be required by law to all telecommunications carriers or providers having telecommunications facilities in the public ways within the City on a competitively 4 Temporvy 5ommlusiwRCmc�blc Lkemc Ay�eemnrt -SI0.1 �Icleni0 neutral and non - discriminatory basis. Grantee acknowledges and agrees it will be subject to any such future Telecommunications Regulatory Ordinance, and/or License/Franchise Agreement that the City may adopt in accordance with the law and that Grantee will comply with all the terms and conditions of any such Ordinance or Agreement, including but not limited to any terms for compensation due to the City. Section 8: Compensation. Grantee acknowledges and agrees that the compensation Grantee will owe the City and /or the Commonwealth of Virginia for the use of the City's public ways shall be any fees that may be allowed to and /or due in accordance with the law to the City and /or the Commonwealth of Virginia under any applicable federal, state, and local laws, ordinances, and regulations. This specifically includes the Public Rights -of -Way Use Fee adopted by the City in Ordinance No. 34196 - 030199, adopted by Council on March 1, 1999, as allowed by law. Section 9: Term. The term of this Agreement shall be for four (4) years, from May 16, 2017, through May 15, 2021, and shall continue month -to -month thereafter until the rights conferred to Shentel hereunder are set forth in a Telecommunications Ordinance or other Ordinance, and entry by City and Shentel into a Franchise Agreement reasonably acceptable to each of the Parties, at which time this Agreement shall terminate, and such ordinance or agreement shall govem. The City and Shentel agree to begin, immediately after execution of this License Agreement, negotiating a Telecommunications Ordinance or other Ordinance and a Franchise Agreement, If Grantee fails or refuses to perform any of the terms of this Agreement, including poor services, work, or materials and fails to cure such defect within sixty (60) days of written notice from the City of the same, the City shall have the right to revoke the Grantee's rights under this Agreement, and terminate this Agreement, such notice to be sent to the Grantee at the below address. Furthermore, the City shall have the right to revoke the Grantee's rights under this Agreement, and terminate this Agreement, without cause, at any time upon giving the Grantee one (I ) year written notice, such notice to be sent to the Grantee at the following address by certified return receipt mail or overnight delivery service. Shentel Communications, LLC 500 Shentel Way Edinburg, VA 22824 Ann: Vice President— Regulatory and Industry Affairs Facsimile: 540-984-5281 With a copy to the attention of the General Counsel at the same address. Section 10: Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or Grantee may have, at law or in equity, for enforcement of this Agreement. Section 11: Severability. Temporary Nm, xcIoslrc Recocablc lice- -Agreem -T 510.17(clem0 If any provision of this License, 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 the License shall not be affected and all other tents and conditions of the License shall be valid and enforceable to the fullest extent permitted by law. Section 12: Transfer of ownership. Grantee shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either voluntarily or by force or involuntary sale, or ordinary sale, consolidation, or otherwise (an "Assignment ") any of the rights or privileges granted by this Agreement without the prior consent of the City Council, except that an Assignment to an Affiliate, or to any entity that is acquiring all or substantially all of Grantee's telecommunications facilities located in the City will only require written notice to City Council at least thirty (30) days prior to any such Assignment. Section 13: Costs. Grantee will pay to the City the reasonable and documented costs and expenses incurred by the City related to the grant of this License Agreement. The total amount of costs and expenses Grantee will owe the City in connection with the grant of this License Agreement shall not exceed $5,000. Grantee will also pay the City all reasonable and documented costs and expenses incurred by the City in connection with any enforcement or defense of this License Agreement. All such costs and expenses are to be paid within thirty (30) days after submission of any statements to the Grantee by the City for such costs and expenses. Section 14: Conditions of License Section 14.1: Location of Facilities: All telecommunications facilities shall be constructed, installed, relocated, and located in accordance with the following terns and conditions, unless otherwise specified: 14.1.1: To the extent feasible, Grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. If not feasible, Grantee, upon approval from the City, may construct or install its own conduits or ducts. 14.1.2: Grantee, with permission to install overhead facilities, shall install its telecommunications facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available 14.1.3 Whenever any existing electric utilities, cable facilities, or telecommunications facilities are located underground within a public way of the City, Grantee, with permission to occupy the same public way, must also locate its telecommunications facilities underground. Tu.,—, Nonexclusive R—.ble I i-- A11 --il 5 10.1)(c—) 14.1.4: Whenever any new or existing overhead electric utilities, cable facilities, or telecommunications facilities are located or relocated underground within a public way of the City, if Grantee currently occupies the same public way Grantee shall relocate its facilities underground, at Grantee's sole cost, within a reasonable period of time. Absent extraordinary circumstances or undue hardship as determined by the City, such relocation shall be made coneurrentlyto minimize the disruption of the public ways. 14.1.5 For all overhead facilities located within the City's public ways, Shentel shall obtain necessary authority from the applicable Public Utilities to attach Shentcl's telecommunications facilities to their utility facilities. Section 14.2: Compliance with Laws: Grantee shall, before commencing any construction in the public ways, comply with all local, state and federal laws and regulations and continue to comply with them throughout the License or Franchise. Section 14.3: Permits: Grantee is required to obtain all applicable permits for telecommunications facilities as required in this Agreement. However, nothing shall prohibit the City and a Grantee from agreeing to an alternative plan to review permit and construction procedures in an agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Section 14.4: Public Works: The rights and privileges granted by this Agreement shall not be in preference or hindrance to the rights of the City and any other lawful governmental authorities having jurisdiction to perform or carry out any public works or public improvements. Section 14.5: Use of Public Ways 14.5.1: Grantee, in any opening it shall make in the public ways of the City, shall be subject to the provisions of this Agreement and to all applicable ordinances, codes and regulations of the City. The telecommunications system of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the public ways. 14.5.2: The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of the telecommunications system of Grantee with reference to municipal facilities, such as sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar Temporary N, —W.,— Ra1-1,1c D-11 Agreeman - 5 J IIJ )!dean) services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property and to facilitate the creation of a convenient, attractive and harmonious community. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Agreement. Grantee shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location, operation, and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 14.53: Except in the cases of emergencies, Grantee shall at all times comply with Section 30 -60 et seq. of the Code of the City of Roanoke, 1979, as amended, with respect to any opening it shall make in the public ways of the City. Grantee shall not extend beyond the locations specified in Exhibit I its telecommunications system in any public way unless prior written notice of its intention to do so is given to the Permit Center within the Department of planning. Building and Development. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other temts and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways of the public, the City or by any public utility or any public service corporation for their respective purposes and functions. Such work by Grantee shall also be coordinated with the City's annual paving program through the City Transportation Division Manager, or other designated City Department. This includes the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1, 2013, and as they may be amended. 14.5.4: The City does require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the public ways in order to install, construct, maintain or extend the telecommunications system. Such permits are applicable to any and all types of excavations in the public ways, and City Council may, by resolution, establish a fee for each excavation made in a public way. Such permits may require (l) the exact location of work where construction or excavation is to be conducted, (2) the length of time in which such permit shall authorize such work to be done and (3) the hours of each day during which such work shall be undertaken. A single permit may be issued for multiple excavations to be made in public ways; provided, however, any public way opening fee established by City Council shall apply to each Tempamr} Snnexdusive RI—hII I -- A,,-111 - 5 .I0 17ldmi0 excavation made in public ways of the City. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service . In the case of emergency excavations made in the public ways of the City without permit, Licensee shall apply for an emergency permit within four hours after the City of Roanoke, Virginia's Transportation Division's offices are first opened. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay the Grantee in discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's costs of administering the program of issuing permits and conducting inspections. 14.5.5: Immediately after installation, repair or extension of the telecommunications system or any portion thereof or any pavement cut by Grantee in any public way of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner consistent with the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1, 2013, and as they may be amended. Grantee shall maintain, repair and keep in good condition for a period of two (2) years following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. 14.5.6: Grantee shall promptly remove or correct any obstruction, damage, or defect in any public way which was caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by Grantee after proper notice to do so, given by the City to Grantee, may be removed or coaected by the City, and the cost thereof shall be charged against Grantee and may be enforced as a lien upon any of Grantee's properties or assets subject to any prior existing liens. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, communication facilities or other property resulting from construction, operation, maintenance or extension of Grantee's telecommunications system shall be home by Grantee and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Grantee to the City. (a) If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall TemporaryKonexduslce Hemcuble h -- -Ayr —,.e 510.191d,oO temporarily restore the affected public ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (b) A Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Department of Transportation flagging requirements. 14.5.7: Grantee shall not open, disturb or obstruct, at any one time, any more of the public ways than reasonably may be necessary to enable it to proceed in laying or repairing its telecommunications system. Neither shall Grantee permit any public ways so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its telecommunications system to remain open or the public way disturbed or obstructed for a longer period of time than reasonably shall be necessary. In all cases where any public ways shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 14.5.8: Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on any public ways, or shall change the grade or line of any public ways, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the City, or if the telecommunications system interferes with the construction, maintenance, repair, or operation of such public works or improvements, it shall be the duty of Grantee to move, alter or relocate its telecommunications system or any part thereof as requested by the City at Grantee's cost and expense and as may be provided by applicable law. Upon written notice by the City Manager of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the r.m. ... . a .... nsm r',--- .weer. 1 s.10. rmi-.l 10 telecommunications system or any part thereof may be removed, altered or relocated by the City, the cost of which shall be paid by Grantee, and the City shall not be liable to Grantee for any damages resulting from such removal, alteration or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the City's facilities would be feasible, the City and Grantee may jointly evaluate whether Grantee could reasonably pay any additional costs to the City of the alternative City facility location in lieu of relocating Grantee's facilities. Section 14.6: Damage to Property: No Grantee nor any person acting on a Grantee's behalf shall take any action or permit any action to be done which may impair or damage any City Property, public ways, or other areas of the City, or other property located in, on or adjacent thereto. Section 14.7: Repair and Emergency Work: In the event of an unexpected repair or emergency, Grantee may commence such repair and emergency response work as required under the circumstances, provided the Grantee shall apply for an emergency permit within four hours after the City of Roanoke, Virginia's Transportation Division's offices are first opened. Section 14.8: Maintenance of Facilities: Grantee shall maintain its facilities in a good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. Section 14.9: Safety Standards. Grantee shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. Section 14.10: Police Power. All rights and privileges granted hereby are subject to the lawful exercise of the police power of the City to adopt and enforce local laws, rates and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement, any License or Franchise and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public. Section 14.11: Relocation or Removal of Facilities: Within thirty (30) days following written notice from the City, a Grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the City shall have determined that such removal, relocation, change, or alteration is reasonably necessary for: Ta,ponry NoirexcWsi,c Rvv'o AL [.11— Aermmrn1 - 5.10.1]fc —) 14.11.1: The construction, repair, maintenance or installation of any City facilities or other public improvement in or upon the public ways. 14.11.2: The operations of the City or other governmental entity in or upon the public ways. Section 14.12: Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the City, Grantee, shall, at its own expense, remove any unauthorized telecommunications system, facilities or appurtenances from the public ways or other areas of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: 14.121: Upon expiration or termination of this Agreement (unless this Agreement has been replaced by a Future Ordinance). 14.12.2: Upon abandonment of a facility within the public ways of the City. 14.12.3: If the system or facility was constructed or installed without the prior grant of a telecommunications License or Franchise. 14.12.4: If the system or facility was constructed or installed without the prior issuance of a required construction permit. 14.12.5: If the system or facility was constructed or installed at a location not permitted by this Agreement. 14.12.6 Such other circumstances as the City may determine that shows telecommunications system or facility is unauthorized. Section 14.13: Emergency Removal or Relocation of Facilities: The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City will endeavor to notify Grantee prior to such removal. Nothing herein shall create any duties or obligations on the City to so notify said telecommunications carriers nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify said telecommunications carriers or notification center. Section 14.14: Damage to Grantee's Facilities: The City, its officers, agents, employees, or volunteers shall not be liable for any damage to or loss of any telecommunications services or any telecommunications facility within the public ways or any other areas of the City as a result of or in connection with any action authorized by this agreement or with any public works, public improvements, construction, excavation, grading, filling, or work or activity or lack of any activity of any kind by or on behalf of the City. l'nnvora, R....aMi Lm,­ A,­,,.,1 5 10 17(6­1) 12 Section 14.15: Facilities Maps: Grantee shall provide the City with `as built' drawings and an accurate map or maps in an electronic form agreed to by City and Grantee with Grantee certifying the location of all of Grantee's telecommunications facilities within the City. Grantee shall, upon request, provide updated maps in accordance with this Section on an annual basis. Section 14.16: Duty to Provide Information: Within ten (10) days of a written request from the City, each Grantee shall furnish the City with information sufficient to demonstrate: 14.16.1: That Grantee has complied with all requirements of this Agreement. 14.16.2: That all municipal sales, telecommunications taxes, utility taxes or any other taxes or charges due the City in connection with the telecommunications services or facilities provided by the Grantee have been properly collected and/or paid by the Grantee. Section 14.17: Leased Capacity: Grantee shall have the right, without prior City approval, to offer or provide capacity or bandwidth or other services through its telecommunications facilities to any persons, whether located within or outside the City: provided, Grantee shall provide City an annual written statement, upon request, of any leases with another telecommunications carrier or telecommunications provider. Names of the private telecommunications carrier or telecommunications provider with confidentially /proprietary agreements may be redacted. Section 14.18: Insurance and Bond Requirements: (a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain during the life of any License or Franchise the insurance and bonds required by this Agreement. Any required insurance and bonds shall be effective prior to the beginning of any work by Grantee within the City. All such insurance shall be primary and noncontributory to any insurance or self- insurance the City may have. (b) Commercial General Liability. Grantee shall maintain during the life of its License or Franchise Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of its License /Franchise or arising out of the License/Franchise. The minimum limits of liability for this coverage shall be $10,000,000 combined single limit for any one occurrence. (c) Contractual Liability. Grantee shall maintain during the life of its Tempumry N--[—, License Ag,,.e., 5 J0 17(el 1) 13 License /Franchise broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement. (d) Workers' Compensation. Grantee shall maintain during the life of its License /Franchise Workers' Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its License/Franchise. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by disease (policy limit): and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the City, its officers, agents, employees and volunteers. (e) Automobile Liabilitv. Grantee shall maintain during the life of its License/Franchise Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its License/Franchise. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of SI0,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the City. (g) Pollution Liability Insurance. $1,000,000 each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Also the insurance will provide coverage for cleanup costs. (h) Evidence of Insurance. All insurance, shall be written on an occurrence basis. In addition, the following requirements shall be met: (1) The Grantee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. (2) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, employees and volunteers as additional insureds with regard to general liability, auto, and pollution TemPOrary Fo�nclmi,e Ri usable Lic<roe Aprcm,an- 5.10.17Wd ,l 14 coverages and the certificate of insurance shall show if the policies provide such coverage. Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Additional insured and waiver endorsements shall be submitted with applicable certificates of insurance to the Risk Manager prior to the beginning of this contract. The City's Risk Manager may approve other documentation of such insurance coverages as required. (3) Insurance coverage shall be in a forth and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement or any License /Franchise granted under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (4) The Grantee shall notify the City in writing within five (5) calendar days if any of the insurance coverages or policies are cancelled, changed, or modified and Grantee shall immediately replace such policies and provide documentation of such to the City. Section 14.19: Indemnification: Grantee agrees and binds itself to indemnify, keep and hold the City, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, damages or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Grantee, including but not limited to: (a) Grantee's use of the public ways or other areas of the City; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's telecommunications facilities; (c) the exercise of any right or privilege granted by or under this Agreement or any Licensc/Franchise; or (d) the failure, refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this Agreement or any License/Franchise. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Grantee on account of anything set forth above, Grantee, upon notice given to it by City, will defend the City in any such action or other proceeding, at the cost of the Grantee; and in the event of any settlement or final judgment being awarded against the City, either independently or jointly with Grantee, then Grantee will pay any such settlement or judgment or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City, its officers, agents, employees and volunteers harmless therefrom. Section 14.20: Hazardous Materials: 14.20.1 While on ornear City's property, publieway of the City, oreasement or in its performance pursuant to this Agreement Grantee shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Temp Nei—clulive ae,eenre< i enle Agrcel„eni -5.10. nmi—m 15 Agreement and in any event Grantee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of City's acquiescence, Grantee shall indemnify and hold City, its officers, agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, tines or penalties, including reasonable attorney's fees, resulting from Grantee's violation of this paragraph and agrees to reimburse City for all costs and expenses incurred by City in eliminating or remedying such violations. Grantee also agrees to reimburse City and hold City, its officers, agents, employees and volunteers harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against any of them as a result of Grantee's use or release of any hazardous material, substance or waste onto the ground or otherwise, or into the water or air from, near or upon City's premises. 1420.2 The Grantee shall protect, indemnify, and hold harmless the City from any and all demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any telecommunication facilities or the provision of telecommunications service. Section 14.21: Performance Surety: Before a License or Franchise or this Agreement is effective, and as necessary thereafter, the Grantee shall provide and deposit such monies, bonds, letters ofcredit or other instruments in form and substance acceptable to the City as may be required by this License or Franchise Agreement. Section 14.22: Bonds: Grantee shall post and maintain for the life of its License /Franchise a performance bond in favor of the City in the amount of $50,000. The Performance Bond is to guarantee that the project will be free of defective workmanship and materials discovered after completion and that thework is done in a proper manner without damage to the public ways or other areas of the City. The bonds shall be written by a corporate surety acceptable to the City and authorized to do business in the Commonwealth of Virginia. 14.22.1: The bond shall guarantee, to the satisfaction of the City: (a) timely completion of construction; (b) construction in compliance with applicable plans, permits, r��npotin N..—d,, Re ... uW 1 --A,11 510 17M—) 16 technical codes and standards; (c) proper location of the facilities as specified by the City; (d) restoration of the public ways and other property affected by the construction; (e) the submission of "as-built" drawings after completion of the work as required by this Agreement. (f) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. (g) removal of the telecommunications facilities, if required by the terms of this Agreement Section 14.23: Coordination of Construction Activities: Shentel will coordinate construction activities with the City to minimize public inconvenience, disruption, or damages. When appropriate. Shentel will communicate with the regular utility coordination committee meetings the City organizes with all utility providers. Section 14.24: Transactions Affecting Control of Grant: Shentel will communicate any change of control with the City 90 days prior. All terms and conditions of this agreement will continue, and transfer to a new owner. Section 14.25: Leasing of Facilities: If requested by the City, Shentel will provide a list of any leases or licenses for it telecommunications facilities. Names of the private telecommunications carrier or telecommunications provider with confidentially /proprietary agreements may be redacted. Section 14.26: Nonenforcement by City: Grantee shall not be excused from complying with any of the terms and conditions of this Agreement or any License or Franchise by any failure of the City, upon any one or more occasions, to insist upon Grantee's performance or to seek Grantee's compliance with any one or more of such terns or conditions of this Agreement or the terms and conditions of any License or Franchise. Section 15: Construction Standards Section 15.1. General: Grantee shall not commence or continue with the construction, installation or operation of telecommunications facilities within the City except as provided in this Agreement. T.vnpore2 Nonexdmive Ra'oreble License Aeaemnv- 5 101 ]!clean) 17 Section 15.2: Construction Codes: Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local laws, codes, rules and regulations including the National Electrical Safety Code. Section 15.3: Permits: No person shall construct or install any telecommunications facilities within the City without first obtaining all appropriate permits therefor, provided, however: 15.31: All construction shall be coordinated with the City Transportation Division Manager, or other designated City Department, and the City's annual paving program. Section 15.4: Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: 15.4.1: That the facilities will be constructed in accordance with all applicable laws, codes, rules and regulations. 15.4.2: The location and route of all facilities to be installed on existing or replacement utility poles. 15.4.3: The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways or other areas of the City. 15.4.4: The location of all existing underground utilities, conduits, ducts, pipes, mains, manholes, hndholes, junction points and installations which are within the public ways along the underground route proposed by the applicant. 15.4.5: The location of all other facilities to be constructed within the City, but not within the public ways. 15.4.6: The specific construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways. 15.4.7: The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction. Temporary Nonexdusia- Resncable U-1,1 Agracmnv - 5.10.17(111 -) is Section 15.5: Engineer's Certification: All permit applications shall be certified by the Grantee that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. Section 15.6: Traffic Control Plan: All permit applications which involve work on, in, under, across or along any public ways or other areas of the City shall be accompanied by a traffic control plan conforming to the Virginia Work Area Protection Manual and demonstrating the protective measures and devices that will be employed, consistent with applicable local, state and federal laws and regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. Section 15.7: Issuance of Permit: Within ten (10) business days afler submission of all plans and documents required of the applicant and payment of the fees required by this Agreement, and compliance with the provisions of the Virginia Code, the City, if satisfied that the applications, plans and documents comply with all requirements of this Agreement, will issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as may be deemed necessary or appropriate. Section 15.8: Construction Schedule: The Grantee shall submit a written construction schedule to the City Transportation Division Manager ten (10) working days before commencing any work in or about the public ways. The Grantee shall further notify the City Transportation Division Manager not less than ten (10) working days in advance of any excavation or work in the public ways and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Virginia Code § 56- 265.14 ct. seq. Section 15.9: Compliance with Permit: All construction practices and activities pursuant to this License shall be in accordance with the permit and approved final plans and specifications for the facilities. The City and its representatives shall be provided access to the work by Grantee and its agents, contractors and assigns, and such further information as it may require to ensure compliance with such requirements. Section 15.10: Display of Permit: The Grantee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City at all times when construction work is occurring. Section 15.11: Survey of Underground Facilities: RmpomryN..— ,W,,,, aemcuble claps A111 -111 510.17(dcon) 19 The Grantee shall supply and specify the location of all facilities by depth, line, grade, proximity to other facilities or other standard, the Grantee shall cause the location of such facilities to be verified, to the extent required, by a registered state surveyor. The Grantee shall relocate, at its expense, any facilities which are not located in compliance with permit requirements. Section 15.12: Noncomplying Work: Upon direction of the City, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this License or Franchise, shall be modified by the Grantee to be compliant. If after inspection by the City, the Grantee's modifications do not resolve the noncompliant work, and the Grantee is unable to satisfy the City, the Grantee may be required to remove the work, and pay all related expenses. Section 15.13: Completion of Construction: The Grantee shall promptly complete all construction activities so as to minimize disruption of the City public ways and other public and private property. All construction work authorized by a permit within City, including restoration, must be completed within of the time frame stipulated in the permit, unless otherwise approved. Section 15.14: As -Built Drawings: Within sixty (60) days after completion of construction, the Grantee shall famish the City with two (2) complete sets of as built plans, drawn to scale and certified to the City as accurately depicting the actual location of all telecommunications facilities constructed pursuant to the Agreement or permit and shall include a map(s) in electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system. Section 15.15: Restoration of Public Ways, Other Ways and City Property: Immediately after installation, repair or extension of the telecommunications facilities orally portion thereof or any pavement cut by telecommunications carriers in any public way or other areas of the City, the incidental trenches for excavation shall be refilled by telecommunications carriers in a manner consistent with the City of Roanoke Right of Way Excavation and Restoration Standards, Revised July 1, 2013, and as they may be amended. Telecommunications carriers shall maintain, repair and keep in good condition for a period of two (2) years following such disturbance all portions of public ways or other areas disturbed by telecommunications carriers. 15.15.1: If weather or other conditions do not permit the complete restoration required by this Section, the Grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 15.15.2: A Grantee or other person acting in its behalf shall use suitable r<mro.,n nog.- sems�.e xr.o�me u�r�,< aae�mai 10 n W...) 20 barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of-such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including the Virginia Department of Transportation Work Area Protection Manual. latest edition. Section 15.16: Landscape Restoration: 15.16.1: All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a Franchise, License, or permit must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. 15.16.2: All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City Transportation Division Manager. Section 15.17: Performance surety: Prior to issuance of any permits, the Grantee shall provide a performance bond, as required in this Agreement. Grantee is liable for any damage created by construction activities, and will cover any damages in the City from the Grantee's construction activities. Section 15.18: Responsibility of Owner: The owner of the facilities to be constructed and, if different, the License or Franchise Grantee, are responsible for performance of and compliance with all provisions of this Agreement. Section 15.19: Controlling Law: This Agreement shall be construed and enforced in accordance with the substantive law of the Commonwealth of Virginia and any applicable federal laws. Section 15.20: Captions: The paragraph Captions and Headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Section 15.21: Construction of Terms: The terms and provisions of this Agreement and the Exhibits to the Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared such documents. T—,—, £nee- I....c R,—ble L-.— Ap,- -a,I 5 .10. 17W—I) 21 Section 15.22: Nondiscrimination: A Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. B. The City represents and warrants that all telecommunications carriers or providers having facilities in the public ways within the City are being treated on a competitively neutral and non - discriminatory basis and have either (i) executed agreements with the City containing substantially similar terms as contained herein, or (ii) are using the City's public ways under preexisting franchises that continue to be in effect. Section 16: Commencement of Work: Shentel will follow the City's permitting process, and will not commence work until receiving approval from the City's Permit Center within the Department of Planning, Building and Development. Shentel will follow all notification requirements in this agreement. Section 17: City of Roanoke Right of Way Excavation and Restoration Standards - Revised July 1, 2013, and as they may be amended. The City has adopted the City of Roanoke Right of Way Excavation and Restoration Standards - Revised July 1, 20t3, and as they may be amended. Should there be any conflict between the provisions of this Agreement and such Standards, the more stringent provisions shall apply. Section 18: Installation of Additional Conduit for the City: At the time any trench, or other opening, is opened for installation or maintenance of conduit or underground cable or other device, Grantee shall give the City's Director of Public Works, with a copy to the City's Director of Technology, at least ten (10) days advance written notice of such work with the locations of such work and endeavor to work with the City to support "dig once" practices. Grantee agrees to cooperate with the City's Director of Technology in pursuing the option for Grantee, at the time of opening, to install one additional conduit for the exclusive use of the City at certain locations identified by the City. If Grantee and City agree that installing an additional conduit at a location is feasible, City shall pay to Grantee a charge equal to the actual incremental cost of labor and materials for such additional conduit. Section 19: Forum Selection and Choice of Law: This License shall be governed by, and construed in accordance with, the laws ofthe Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue and any actions for any litigation, suits, and claims arising from or connected with this License shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within thejurisdictional limit of such court, and all parties to this License voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. T—p—, tionextlusim Ro sc hle Lice,nt A ..... .nl - 5.10.17Md an) 22 Section 20: Effective Date: The effective date of this License shall be May 16, 2017. Section 21: Removal of Grantee's Facilities: If the City adopts a Telecommunications Regulatory Ordinance and/or Telecommunications License /Franchise Agreement and if Grantee is awarded a license or franchise or otherwise granted authority pursuant thereto, then on the effective dale of any such award, the terns and conditions of that Telecommunications Regulatory Ordinance and/or License/Franchise Agreement shall supersede all the terms and conditions of this Agreement and this Agreement shall be automatically and immediately terminated. however, if Grantee is not awarded a license /franchise or otherwise granted rights by any future Telecommunications Ordinance or Agreement adopted by the City, or if the term of this Agreement expires or the rights granted to Grantee by this Agreement are revoked by the City, after one (1) year written notice, Grantee shall immediately cease operations within the City and shall not be permitted to operate, maintain or repair its existing encroachments or facilities. In either of such cases where this Agreement is cancelled, terminated, or revoked, Grantee agrees to promptly remove any and all of Grantee's facilities and equipment within the City, all at the solecost of Grantee, and Grantee shall restore the public ways to the same condition in which such area and property existed prior to installation of such facilities by Grantee, normal wear and tear excepted. Section 22: Compliance With State Law, Foreign And Domestic Businesses Authorized To Transact Business In The Commonwealth Of Virginia: Grantee shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a business entity organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Grantee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the tern of the License. The City may void the License if the Grantee fails to remain in compliance with the provisions of this section. Section 23: Entire Contract: This License Agreement, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This License may be amended only by written instrument property executed by the parties. SIGNATURE PAGE TO FOLLOW. TanporaryN —n tie 1111 K— ,oleLL-- Ag1eemam- 5.10.17(111 -) 23 IN WITNESS WHEREOF, the parties hereto have signed this License Agreement by their authorized representatives. Attest /Witness: CITY OF ROANOKE, VIRGINIA R. Brian Townsend, Acting City Manager Name and Title Attest /Witness: SHENTEL COMMUNICATIONS, LLC Printed Name and Title Authorized Agent CORPORATESEAL Approved as to Form: Approved as to Execution: Attomey City Attorney Authorized by Ordinance No. TemporaryNon, -1—e R,,—bb L,,,— A,--n, 510.171,1-0 24 Attachment of Shentel Communications, LLC EXHIBIT #1 TO THE TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT BETWEEN CITY OF ROANOKE AND SHENTEL COMMUNICATIONS, LLC Attached is the route of the Shentel Communications, LLC fiber optic network for the City of Roanoke. The Shentel Communications, LLC fiber optic network is approximately 37 fiber route miles in the City of Roanoke. Reference is made to the specific plans and specifications to be provided to the Office of the Roanoke City Transportation Division Manager or other designated City Department for greater detail. SHENTEL COMMUNICATIONS, LLC By Typed Title: Tempumq'N --I SrvcR-- blcL. -... Asieen,.n,- 5.10.15(1 ... ) 25 > � � _ _�� � � z� n� wrd[ .� x ' ':,/ s 1� 5, �\ t�� \ [ - e F - � ms's � j.GS � ,f ,:�� .� RwT \� � �A -u5 '��i ^N �'Y ..JOY � nN K - 4; J L 4 ' 'f �w �J R a s � i- c �(II)O;�.W: IN itr pa I —cl _xj 05 Rw T j i ..' �. '..r' _9 xp as "W, '... x The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 40812 - 051517 authorizing issuance and sale of not to exceed $45,000,000.00 aggregate principal amount of City of Roanoke, Virginia General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; and otherwise providing with respect to issuance, sale and delivery of such bonds and the refunding of the refunded bonds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017. Sincerely, � �J- Cecelia F. McCoy Deputy City Clerk Enclosure c: Kristine L. Flynn, Hawkins, Delafield & Wood, LLP, 28 Liberty Street, 42nd Floor, New York, New York 10015 Kevin Rotty, Managing Director, Public Financial Management, Inc., 4350 North Fairfax Drive, Suite 580, Arlington, Virginia 22203 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget _� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'rckpoone: (540)9S-1-2541 Pox: 1540) 953-1145 STEPHANIE M. MOON REYNOLDS, MMC E -moil: cla'k(ntronnokevn ' k °" CF( ELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CM(' Assismot mainly City Clerk May 17, 2017 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 40812 - 051517 authorizing issuance and sale of not to exceed $45,000,000.00 aggregate principal amount of City of Roanoke, Virginia General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; and otherwise providing with respect to issuance, sale and delivery of such bonds and the refunding of the refunded bonds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017. Sincerely, � �J- Cecelia F. McCoy Deputy City Clerk Enclosure c: Kristine L. Flynn, Hawkins, Delafield & Wood, LLP, 28 Liberty Street, 42nd Floor, New York, New York 10015 Kevin Rotty, Managing Director, Public Financial Management, Inc., 4350 North Fairfax Drive, Suite 580, Arlington, Virginia 22203 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget IN1 11E, COUNCIL OF TIIF CITY OF ROANOKI?, VIRGINIA Thu 15th day of May, 2017. No. 40812 - 051517. A RESOLUTION AUTHOIR1ZINC "r[IE ISSUANCE AND SALE OF NOT TO EXCEED FORTY -FIVE MILLION DOLLARS ($45,1100,0110) AGGREGATE, PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, CBNERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; AUTHORIZINC rjlE SALE OF SUCH BONDS AT COMPETITIVE OR NEGOTIATED SALE; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO 'rim. ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF TILL REFUNDED BONDS BE 11' ABSOLVED BY Till; COUNCIL OF THE CITY OF ROANOKE' VIRGINIA, AS FOLLOWS: SECTION 1. 'The Council (the "Council ") of the City of Roanoke, Virginia (the hereby finds and determines as follows : (a) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,500,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 (the "Series 2006B Bonds "). (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,925,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 (the "Series 2010A Bonds "). (c) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued_ sold and delivered the City's $4,820,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010C, dated August 11, 2010 (the "Series 2010C Bonds"). (d) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,470,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax - Exempt- Recovery Zone Facility Bonds), dated August 11, 2010 (the "Series 2010D Bonds ") and the $5,665,000 General Obligation Public Improvement Bonds, Series 2010E (Taxable- Recovery Zone Economic Development Bonds) (the "Series 2010E Bonds "), (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,610,000 2826489 1 041375 RSIND aggregate principal amount of (Ienerul Obligation Public I1111)ruvenhent Bonds, Series 2012A, dated March 14, 2012 (thc °Scrics'012A Bonds"). (1) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council. there vcore authorized to be issued, sold and delivclvd the City's $15,385.000 aggregate principal amount of General Obligation public Improvement Refunding Bonds, Series 2(112(', doled March 14,'_012 tthc "Series 2012(' Bonds" 1. (g) Pursuant to the Public Finance Act of 199E and resolutions adopted by this Council, there Xecre authorized to be issued, sold and delivered by the City's $24,580,000 aggregate principal amount of Gcncral Obligation Public Improvement and Refunding Bonds, Series 2013A, dated February 27, 2013 (the "Series 2013A Bonds "). (h) Pursuant to the public Finance Act of 1991, and resolutions adopted by this Council, there wrre authorized to he issued, sold and delivered by the City's $12,010,000 aggregate principal amount of Gcncral Obligation Public Improvement and Refunding Bonds, Series 2014A, dated March 4. 2014 (the "Scrics 2014A Bonds'). (it Pursuant to the Public Finance Act of 1991, and resolutions adopted by this C'ollnCll, there were authorized to be issued, sold and dcliVCI'Cd by the City's $25,850,000 aggregate principal amormt of Gcncral Obligation Public Improvement and Refunding Bonds, Series 2015, dated March 25, 2015 (the 'Series 2015 Bonds "). 0) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $37,135,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2016, dated March 8, 2016 (the "Series 2016 Bonds "). (k) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maim ities oi' all or a portion of the outstanding Series 2006B Bonds, Series 2010A Bonds, Series 20100 Bonds, Series 2010D Bonds, Series 2010E Bonds. Series 2012A Bonds, Series 2012C Bonds, Series 2013A Bonds, Series 2014A Bonds, Series 2015 Bonds, Series 2016 Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structure - (1) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 2006B Bonds, Series 2010A Bonds, Series 2010C Bonds, Series 2010D Bonds. Series 2010E Bonds, Series 2012A Bonds, Series 20I2C Bonds, Series 2013A Bonds, Series 2014A Bonds, Series 2015 Bonds, Series 2016 Bonds and cerium maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds'). _2_ 29264891 041375 RSIND (m) PafSUant to Article 5 01 the Public finance net of 1991, the City is authorized to issue refunding hoods to refund Lill or a portion of its outstanding bonds in advance of their stated maturities. (n) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Forty -Five Million Dollars ($45.000,000) aggregate principal amount of Gcneral Obligation Public Improvement Refunding Bonds lot the purpose of refunding all or a portion ofthe Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. SR'I ]ON 2. (a) Pursuant to the Public Finance Act of 1991, including in particular 'title 152 Chapter 26, Article 5, Section 15.2 -2643 el eay., of the Code of Virginia, 1950, as amended, tin the purpose of providing funds to rcf and the Refunded Bonds in advance of their stated maturities and to pay the costs of-issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered in one or more series foom time to tinmc not to exceed Forty -five Million Dollars ($45,000,000) aggregate principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds' (referred to herein as the "Bonds'). (h) the Bonds shall be issued in their entirety at one time, or horn time to time in part in series, as shall be determined by the Director of Finance. '['here shall be added to the designation of the 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 integral multiple thereof. The Bonds of a given series shall be numbered loom No. R -I upwards in order of issuance. 'I lie 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 shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal ammount specified in Section 2(a) hereon; 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, 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 and sixty (360) day year comprised oftwelve (12) thirty (30) day months. (c) 1 he Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated mat unties, 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 such redemption prices (expressed as a percentage of time principal amount of the Bonds to be redeemed), together with the interest ace. Lied thereon to the date fixed for the redemption thereof, as shall he determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof' 3- 2826489.10413]5 RSIND (d) fit If any Bond (or any portion (11 the principal amount thereof in i n.sutl l nsnts of ,$5,000) shall be culled for redemption, notice of the redemption thereof: specil_s ing the cla(e, number and maturity of such Rood, the date and place m places fixed for its redemption, and it less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the plincipal amount (hereof la be redeemed and a new Bond of Bonds issued equalling in principal annnml Iha( portion of the principal amount (hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date lixcd lily redemption, by first class mail, postage prepaid. to (he regisleled owner Ihereol at his address as it appears on the books of regi,atry kept by the Registrar as of the close of business on the forty -fifth (45th) clay next preceding file (talc fixed for rcdcmption. If notice of (he redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal 11111 L1111 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 thin and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of' the Bonds may slate that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay file redemption price of such Bonds, logcther with the interest accl'lled thereon to the date fixed for the rcdcmption thereof and any conditional notice so given may 6c rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable it-any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of rcdcmption shall he deemed to be revoked. (iii) 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, New York (`DTC" ), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. 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, this Council is 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 taxable properly 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 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of file City Clerk of the City. _4_ 1826489.1 041375 16M) (h) The Director of Finance is hereby authorized to appoint a Registru and Paying Apcnt for the Bonds (the Registrar). (c) I he Director of Finance shall direct the Registrar to a al)caticale the Bonds and no Bond shall be valid or obligalorY fin' any pan lose unless and until the certificate of authentication enthused on each Bond shall have been manually executed by an authorized signalor of the Registrar, Upon the authentication of any Bonds the Regislita shall insert in du certificate of authentication the date asollchich Stich Bonds we authenticated as follows: (i) if a Bond is authenticated prior to the bust interest payment dale the certificate shall be dated as of the dale of the initial issuance an(I delivery of the Bonds of the series of Bonds of which such Band is une, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment (late, (iii) if a Bond is authenticated after the fifteenth (15th) clay of the calendar month next preceding an interest payment elate and pilot' to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances file ccitilicalc shall be dated as of file interest payment date next preceding the date upon which the Bond is authenticated. III the event the dates un which interest is payable on the Bonds of any series are lifer than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) 'I lie execution and authentication of file Bonds in the manner above set 1'01'111 is adopted as a due and sufficient authentication oi'the Bonds. SI?C IION 5. (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 thereof is legal tender for public and private debts 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 5: prodded hon eve, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such Whet nominee of DTC by wire transfer. (b) At all times daring which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at 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 of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City orally duly authorized officer thereof. -5- 26264891041325 NSINn (d) Any Bond may be exchanged al the olfice of the Registrar fill such series of Bonds Gtr a like aggregate principal amount of such Bonds in other authorized principal sums of the same sel ies. interest rate and maturity. (e) Any Bond of any series may, in accordance with its terns, be transferred upon the hooks of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon Surrender of such Bond to the Registrar lox cancellation, accompanied by a written instrunncnl oitransfer duly executed by the registered owner in person or by his duly authorized attorney, in term satisfactory to the Registrar. (1) All transfers or exchanges pursuant to this Section 5 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 uansicr or exchange. All Bonds surrendered pursuant to this Section 5 shall he cancelled. (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Ccdc &. Co_ as nominee of DTC or such other nominee of DTC as may be requested by an authorized representative of D7'C, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC DTC will act as secw-ities depository for the Bonds. Individual purchases will be made in book -enoy form only, in the principal amount of $5.000 or any integral 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., or such other nominee of DTC as may be requested by all authorized representative of DTC 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 of DTC 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 or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6, (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 m any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including -6- 28264991 041395 R.SIND Ialy use Thereof made by the lily, ally such officer or any such agenp (a , In , reason of ;rot. inueellracy. en. or or omission with ICS13t l fherclo or in .such use: and any inaccuracy. error or omission with respect to such number Shull not consliflne Cause Ihr failure of refusal by if purchaser of ally Bonds to accept ddiacfy of and pup for such Bands. All expenses in connection with the assignment and pri sling of C USHI nulnhcrs on the Bonds Shull be paid fo the initial purchasers of the Rands. (b) A copy of the final legal opinion with respect la the Bonds, with the name of the auorncy of attorneys rendering the some. logdher with a ca tificdion of the City Clerk. executed by a facsimile signature of that officer, to the cllcct [flat such copy is a Lille and complete copy (except for lettencCud and date) of the legal opinion which was cluled as of the date of delivery ofand payment fix the Bonds, may be printed on the Bonds. SFCI (ON 7. In the extent it shall he contemplated at the lime of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income fur purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141 -150 of the Intenml RCVCuUe Code of 1986, as amended, and the applicable 57easury Regulations promulgated thereunder throughout the term ()('tile Bonds. SFC'"IION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council herchy authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before ,Tune 30, 2018. at if price not less than ninety -seven percent (97 %) of the aggregate principal amount of the Bonds, plus accrued interest, if any, hem the date of the Bonds to the date of delivery thereof and payment therefor; provided hon ever. that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if-the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3 %), based on the principal amount of the related Refunded Bonds, prowdd( /ivlher that no net present value savings shall be required in connection with the sale of a series of the Bonds to he issued for the propose of modifying the City`s existing annual debt service structure. the Bonds may be issued as taxable or tax - exempt Bonds and shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided hoverer, in no event shall the true interest rate for the Bonds of any series exceed five percent (5.00 %); and provided �udrer in no even[ shall the premiwn payable by the City upon the redemption of the Bonds of any Series exceed two percent (2 %) of the principal amount thereof, except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make - whole premium, as may be determined by the City Manager and the Director of Finance at the time of sale of any such taxable Bonds. The Bonds may be issued and sold contemporaneously with other general obligation bonds of the City as a separate series or as a combined single series with such other general obligation bonds of the City. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Official Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and disseminated (via electronic means or otherwise) an Official Notice of Sale of the -7- 2N2G1F9.1 041375 RStx'D Refunding bonds in such form and coutainiog such terms and conditions as the Director of Finance play deem adcisahle, subject to the provisions hrneol: (c) If the Bonds are sold at negotiated sale, the ('ity Manager and the Director (d are hereby authorized to select the underwritet:s for the Bonds of each series (the "I Inderwrilers ") and to sell the bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director (d and either or both of the City Manager and the Director of Finance are audna zed to esccutc and deliver to the Underwriters one or more Bond Purchase ('outsets relating to the sale of the Bonds by the City to such Undcnvriters. (d) 'I he ('fly Manager and the Director of Finance are hereby authorized to cause to be prcparcd and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating to the Bonds on or before the dates specified in the Bond Fm'ChaSe (Lnuacl. 'fhe City Manager and the Director of Finance are hereby further authorized in certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule I5c2 -I2 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ('Rule 15c2'-12"). 'I lie Mayor of the City is hereby authorized to execute the f final Official Statement o behalf of the City. (e) The ('fly 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 underlal<ing to comply with the continuing disclosure requirements of Paragiaph (b)(5) of Rule I5c2 -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 or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof: (1) All actions and proceedings 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 of the Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement ") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so Purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement, The City Manager and the Director of Finance, or either of them, 28264991041375 RSIND me herchy authorized to sell ally securilies held by the hscrow Agcnl under and in acc'urdancc with the provisions of the 11scrom Deposit Agrcensnl and lu purchase securities in lieu of and in suhstitulion Iharfol. (c) Suhjecl to the sine :uul receipt of the proceeds of the Bonds, the Crl Manager and the Director of Finance fire hereby authurizal to designsle the Rclundcd Bonds for redemption nn ouch dale of dates us they shall delermine and arc hereby furlher authorized to direct the kscrow Agent to cause notices of the redemption ul the Rclundcd Bonds fin such dale or dales to be given in accordance with the pro�isiona of the proceedings fiuthorizing the issufincc of the Rcfmided Bonds. SFC" I ]ON 10. "Ilse Bonds, the certilicale of nuthentication of the Registrar, and the assignment endorsed on the Bonds, shall he substantially in the forms set ILrlh in Fxhibit A allached hereto. SECT ]ON I I. The City C'Icrk is belehy directed to file a copy of this Resolution, certified by such City Clerk to be it true copy heleoC with file Circuit ('ourt of the City of Roanoke. Virginia, all in accordance with Scclion l5? -o607 of lire Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991. as eaten(Icd). SF,CTION 12. All ordinances, resolutions and proceedings in conflict herewith arc, to the extent of such conflict. repealed. A TFS I e. l-. m� bepo.%N City Clerk. -9- 2826489.I041395 RS IN I INITU.D S I A'I'FS OF AMFMICA COMMONWEAI:PII OF VIRGINIA CITV OF ROANOKE GENERAL OBLIGATION PUBLIC' IMPI2oVl ,'MI?N'l' RI?FIINDING BOND SERI E's No. R-- EXIIIBITA ,S MA'I URITV DATE= INIF,RRST 12ATL: DATE OF BOND: CUSIP NO: R EGISTFAIED OWNER: PRINCIPAL SLIM: DOLLARS KNOW AU. MFN BY 'IIIkSH PRF,SBNTS, that the City of Roanoke, in the Conunomcnrllh of Virginia (the "City'), for value receive<f, acknowledges itself indebted and hereby promises to pay to the Registered Owncr (named above), or registered assigns, on the Maturity [)ate (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 Sure (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter refenvd 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 ofauthentication is an interest payment date, in which case floor 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 D'IC, 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 three hundred and sixty (360) clay year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on 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 A- I 2H26489. 1 04137 RSND coin or currcnq' of the United Stales of America which, on the respective dates of p;,nsnt thereof: shall be Icgal tender lurpublic and private debts. This Bond is one of it series of Bonds of like date, denomination and Icnor except its to number_ interest ]life and Minority, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improccment bonds hcrctofbrc issued by the City to pay file costs of public improventcnt projects of and for fire Cite. Phis Bond is issued under and pursuant to and in lull compliance with the Constitution and .statutes of the Commonwealth of Virginia- including Chapter 26 of I'itic 15.2 of the Code of Virginia. 1950, its amended ((Ile sale being lire public Finance Act of 1991, as amended), and it resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. 'lire Bonds of the series of which this Bond is one (or portions thereof in installments 01'$5,000) nuwWring on and after _ are subject to redemption at the option of the City prior to their stated maturities, on or after _ _ _ 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 he 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 tha-am to the date fixed for the redemption thereof. lire Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking find redemption on and on each _ 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 Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed fm 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. If this Bond is redeemable and this Braid (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A -2 282648910413]$ R$11Vp Bond or Bonds issued equalling in principal amounl that portion of the principal amount hcrcuf not to be redeemed, shall be nniilcd not Icss than Ihinp (30) days prior to the dale fixed for redcluption, by first class mail, postage prepaid. lo the Registered 0111111 hcrcuf at his address as it appears on the books of renislry keel hr the Registrar as of the close of hL[Siness on the fixty- fifth (451h) day next preceding the date fixed lin rcdemplion. If notice of the redemption of [his Bond (or the portion of the principul wntlunl hereof to he redeemed) shall have been given as 'dolesuid, laid paymmnt of the principal amounl of this Band (no the portion of the principal amount hcrcuf to be redeemed) and of the accrued interest puyahle upon such redemption shall have been (ui) mud( or provided liir, interest ]let coll shall (case to accrue front and after the dale so specified fill[ the rcdcmption hereof. Any notice of the optional rcdcmption of this Bond ntay stale that it is conditioned upon there being on deposit frith the City on the duce fixed Ibr the redemption hereof',,,, amount of money sufficient to pap the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof; and any conditional notice so given may be rescinded at any (title before the paynsnt of the redemption price of this Bond, together with the interest accrued thereon, is due and payable 'f'oul I such condition so specified is not satisfied. If it rcdcmption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hercof, the conesponding notice of redemption shut[ be deemed to be revoked. 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, 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 of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof f, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose of the office of the Registrar hilt 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 hercof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. ']'his Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually sighed by the Registrar. the full faith and credit of the City are in-evocably 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 is 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_ A -3 1836189.1 04137i RSND It is ccrlifled, recitcd and declared that all acts, conditions nail (hingS rcquiral (o exist, happen or he performed prccedcnl to and in the iscuanee of this Bond do exist, have happened and hate hecn performed in duo lime, (brm and manner as myuilnd by Izma and that the amount of this Bond, together with all other indebtedness of the City does not exceed amp limi fit (ioII of indcI) (cd mess prese1'bal by the ('onsti(11 tion or statutes of the Coto Iaonwea l(h of Vilginia ur the ('barter of the IN W1 NI:SS WI II;RI?MI ;. the City lies caused this Bond to be executed Jr the manual or LICSIm11C Signature of its Mayor: it facsimile of the corporate seal of the ('it,, to be imprinted hereon attested by the manual or fucsimile signature of the City Clcrk ol'Ihe Cite; and this Bond to he dated its oI the clale lust above written. JSBALJ Attest City Clerk C'I'fY OF RMANOKF, VIRGINIA Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned proceedings. By: as Registrar Authorized Signator Date of Authentication A -4 28264991041375 RSIND ... _.. _ .. . (Please print or type name Ind address, including postal All code, of I runsleIcc) -...._ PLEAS]? INSI' IZ'I SOCIA L S I?Ct IRI IN' OR O'll HER fAX IDEN I'll YINO N(IMBI:R OF 'I RANSF1IR IF the within Bond and all rights thcrcunder, hereby inc%ocably constituting and appointing Attorney, to transla such Bond on the books kept for the registration thereof, with lull power of substitution in the premises. Dated: Signature Guaranteed: NO11CI Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (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. A -5 2X26489.1041395 RSJND ASSIGNMFN'l FOR VAI.tIF RF(TIATI) the undersigned hcrcbc sclI(,I), assign(s) and If unslcr(s) unlo ... _.. _ .. . (Please print or type name Ind address, including postal All code, of I runsleIcc) -...._ PLEAS]? INSI' IZ'I SOCIA L S I?Ct IRI IN' OR O'll HER fAX IDEN I'll YINO N(IMBI:R OF 'I RANSF1IR IF the within Bond and all rights thcrcunder, hereby inc%ocably constituting and appointing Attorney, to transla such Bond on the books kept for the registration thereof, with lull power of substitution in the premises. Dated: Signature Guaranteed: NO11CI Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (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. A -5 2X26489.1041395 RSJND Meeting: May 15, 2017 Subject: Authorization to Refund Bonds Background: The City's Debt Policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding the purposes for which debt may be issued, types and amounts of permissible debt and methods of sale that may be utilized. The City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or respond to financial emergencies or hardships. The City's goal will be to obtain net present value savings, net of issuance costs, at a minimum of three percent of the principal amount of the refunded bonds, and to remain compliant with the City's Debt Policies. Refunding Candidates: In order to achieve the best possible net present value savings outcome, the City, along with Public Financial Management, Inc. (PFM), the City's financial management advisors, will review all outstanding issues of general obligation public improvement and refunding bonds to select appropriate candidates for refunding from both a legal and savings opportunity perspective. Accordingly, each of the outstanding issues listed will continue to be evaluated for inclusion or exclusion of refunding bond issues according to the City's policy of a minimum of three percent net present value savings. The City issued $5.5 million of Series 20068 bonds dated February 8, 2006, to fund the South Jefferson Redevelopment Project. Series 20068 bonds mature in equal amounts on February 1 in each of the years 2007 through 2026. The City issued $44.93 million of Series 2010A Public Improvement and Refunding bonds dated March 11, 2010, to fund the Market Garage renovation and to refund portions of the Series 2002A, 20046, 2006A and 2008 Public Improvement Bonds. Series 2010A bonds mature in varying amounts on October 1 in each of the years 2010 through 2029. The City issued $4.82 million of Series 2010C Public Improvement and Refunding bonds dated August 11, 2010, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2002A Public Improvement Bonds. Series 2010C bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, 2027 and 2030. The City issued $5.47 million of Series 2010D bonds dated August 11, 2010, to fund the Market Building renovations. Series 2010D bonds mature in varying amounts on July IS in each of the years 2011 through 2025, 2027 and 2030. The City issued $7.61 million of Series 2012A bonds dated March 14, 2012, to fund various projects including school, buildings, infrastructure and Civic Center improvements. Series 2012A bonds mature in varying amounts on February 1 in each of the years 2013 through 2032. The City issued $15.39 million of Series 2012C Refunding bonds dated March 14, 2012, to refund portions of the Series 2004B and 2006A Public Improvement Bonds. Series 2012C refunding bonds mature in varying amounts on February 1 in each of the years 2020 through 2025. The City issued $24.58 million of Series 2013A Public Improvement and Refunding bonds dated February 27, 2013, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2006A and 2008 Public Improvement Bonds. Series 2013A bonds mature in varying amounts on July 1 5 in each of the years 201 5 through 2033. The City issued 512.01 million of Series 2014A Public Improvement bonds dated March 5, 2014, to fund various projects including schools, a police academy expansion and infrastructure. Series 2014A bonds mature in varying amounts on April 1 in each of the years 2015 through 2034. The City issued $25.85 million of Series 2015 Public Improvement and Refunding bonds dated March 25, 2015, to fund various projects including schools and infrastructure and to refund portions of the Series 2008, Series 2008A and Series 2012A Public Improvement Bonds. Series 2015 bonds mature in varying amounts on April 1 in each of the years 2016 through 2035. The City issued $5.66 million of Series 2010E Public Improvement dated August 11, 2010 to fund various projects promoting the development in a recovery zone including capital expenditures, infrastructure and public facilities. Series 2010E bonds mature in varying amounts on July 15 in each of the years 2016 through 2030. The City issued $37.14 million of Series 2016 Public Improvement and Refunding Bonds dated March 8, 2016, to fund various projects including schools, libraries, parks and infrastructure and to refund portions of the Series 2008 and Series 2012A Public Improvement Bonds. Series 2016 bonds mature in varying amounts on April 1 in each of the years 2017 through 2036. Considerations: Based upon discussions with the City's financial advisor, Public Financial Management, Inc., the City is currently in the position to generate moderate savings from issuing refunding bonds. As interest rates fluctuate daily, it is important to the success of a refunding that the City be able to act quickly once interest rates savings achieve an acceptable level. Advance authorization is 2 necessary to proactively manage and pursue additional refunding opportunities in a volatile market where conditions can rapidly change from favorable to unfavorable. Refunding bonds will be considered additional debt in the context of the City's Debt Policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, should a refunding take place, to the extent that debt service on bonds is being provided by the Western Virginia Water Authority (WVWA) or the Roanoke City Public Schools (RCPS), funding for the new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City. Recommended Action: Adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed $45 million principal amount in refunding bonds on or before June 30, 2018. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Amelia C. Merchant, Director of Management and Budget Kristine L. Flynn, Hawkins Delafield & Wood LLP Kevin Rotty, Managing Director, Public Financial Management, Inc. May 17, 2017 Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40813- 051517 appropriating funding from the Commonwealth for various educational programs, and amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, CerbOLI � Cecelia F. McCoy Deputy City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget d� CITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 `?3" Roanoke, Virginia 24011 -1536 Telephone: (540)X53-2541 Fax: (540)X53 -1145 E -mall: alerN(traanokeva8ov CECELIA F. MCCOV STEPHANIE M. MOON REVNOEDS, MMC Deputy City Clerk City Clerk CECELIA T. WEBB, CHIC Assistant Deputy City Clerk May 17, 2017 Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40813- 051517 appropriating funding from the Commonwealth for various educational programs, and amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, CerbOLI � Cecelia F. McCoy Deputy City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director, Management and Budget / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of Muy, 2017. No. /,0813 - 051511. AN ORDINANCE to appropriate funding from the Commonwealth for various educational programs, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Paym ent e Joint Operations 302- 191 -0000- 0553 -325L- 61100- 47701 -9 -02 $ 45,968 Instruction Teacher 302- 191 - 1302 - 0553 -325L- 61100- 41121 -3 -02 ( 3.221) social Security 302 -191 -1302- 0553 -325L- 61100- 42201 -3 02 ( 267) Revenues State Grant Receipts 302000 -0000- 0553 -325L- 00000- 32272 -0 -00 42,480 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: vxeeA�- 0,fu }y City Clerk. ROANOKE CITY PUBLIC SCHOOLS May 15, 2017 school Board Annette Lewis The Honorable Sherman P. Lea, Sr., Mayor Chairman and Members of Roanoke City Council Lori E. Vaught Roanoke, VA 24011 Vice Chairman Dear Members of Council: Mark K. Cothey William B. Hopkins, Jr. School Board action on Tuesday, May 9, 2017, Laura D. Rottenborn As a result of official requests that City Council approve the Lutkeri Smith the Board respectfully Willis following revised appropriation request: Dr. Rita D. Bishop Revised Appropriation Additional Award Superintendent Regional Alternative Education 2016 -17 $42,480.00 Cindy H. Poulton k On behalf of the School Board, thank you for your consideration. Sincerely, � .t-Y . P"- Cindy H_. (Plolulton, Clerk pc Dan Callaghan Rita D. Bishop Brian Townsend Kathleen Jackson Barbara Dameron Holli Salyers (w /details) Annette Lewis Meeting: May 15, 2017 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its May 9, 2017 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2016 -17 Regional Alternative Education Program grant award of $42,480 from the Commonwealth of Virginia is for the participation in an accelerated academic program for students who are academically delayed. The program will be reimbursed by State funds and will end June 30, 2017. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40814- 051517 adopting an amendment to the 2016 -2017 School Board Categorical Budget; and amending and reordaining certain sections of the School Food Service Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, cxu'&, y Q Cecelia F. McCoy Deputy City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Amelia Merchant, Director, Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 - Roanoke, Virginia 24011 -1536 Telephone: (540)85 3-2541 Fax: (540)853 -1145 STF.PBANIE M. MOON REYNOLDS, MMC E -mail clerk(draanokevx ' guv CE('F.IAA F. MCCOV Cil)' Clerk BcpuO ('ity Clerk C ECEIAA T. WEBB, CM(' May 17, 2017 Asililnet DeWIO Cqv Clerk Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40814- 051517 adopting an amendment to the 2016 -2017 School Board Categorical Budget; and amending and reordaining certain sections of the School Food Service Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, cxu'&, y Q Cecelia F. McCoy Deputy City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day ,I May, 2017. Na. 40814- 051517. AN ORDINANCE to adopt an amendment to the 2016 -2017 School Board Categorical Budget, amending and reordaining certain sections of the School Food Service 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 2016 -2017 School Food Service Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Food Services Fund Appropriations Revenues Fund Balance $ 1,100,000 1,000,000 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r'ky.47 City Clerk. May 15, 2017 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, May 9, 2017, the Board respectfully requests that City Council approve the amendment to the Schools 2016 -17 Budget for the Food Services Fund as outlined on the enclosed. On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk Enclosure pc Dan Callaghan Rita D. Bishop Brian Townsend Kathleen Jackson Barbara Dameron Annette Lewis IJU ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Lori E. Vaught Vice Chairman Mark K. Cothey William B. Hopkins, Jr. Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board R Px ROANOKE CITY Amending the 2016 -17 Budget PUBLIC SCHOOLS Ma 9, 2017 Proposed Changes to the 2016 -17 Budget for the Food Services Fund: Current Adopted Budget Change Requested Proposed Amended Budget State Revenue Federal Revenue $ 152,201 $ 7,336,251 $ 50,00 $ 170,00 $ 202,201 $ 7,506,251 afeteria Sales $804,036 $ 780,00 $1,584,036 Use of Food Services Fund Balance Food Services Revenue $ $ 8,292,W81 $ 100,00cl $1,100,001 $100,000 $9,392,484 Personnel Fringe Benefits $ 138,10 $ 54,68 $ 89 $ 14,82 $ 139,00 $ 69,50 ontracted Services Internal Printing $ 7,708 70 $ c $ 891,78 $2,50 $ 8,600,48 $ 2,50 3uilding or Equipment Leases /Rentals Postage $ 50 $ 1,00 $ 24,50 $3,0 $ 25,00 $4.00( ravel $ 1,00q $ 1,00 $2,001 Materials and Supplies $ 38,50 $ 36,50 $75,00 a ital Machine and E ui ment ransfer to General Fund - Indirect Costs Food Services Expenditures $ 50,00 $ 300 00 $ 8 292 48 $ 125,00 $ $1".0,001 $ 175,00 $ 300,00 $ 9392,484 Meeting: May 15, 2017 Subject: Amendment to the Roanoke City Public Schools (RCPS) FY2016 -2017 Categorical Budget Background: On May 9, 2017, the School Board approved an amendment to the RCPS FY 2016 -2017 Categorical Budget for the Food Service Fund. The amendments are as follows: Considerations Revenues and expenditures within the Food Services Fund are expected to be higher than originally budgeted based on increased numbers of meals served. Recommended Action: We recommend that you concur with this report of the School Board and adopt the amendment to the 2016 -17 Categorical Budget. Adopt the accompanying budget ordinance to increase revenues and expenditures of the School Board Food Service Fund. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS ADOPTED AMENDED DIFFERENCE CATEGORICAL BUDGET CATEGORICAL ADOPTIAMENDED BUDGET FOOD SERVICE FUND REVENUES $ 8,292,488 $ 9,292,488 $ 1,000,000 EXPENDITURES $ 8,292,488 $ 9,392,488 $ 1,100,000 FUND BALANCE - ($ 100,000) ($ 100.000) Considerations Revenues and expenditures within the Food Services Fund are expected to be higher than originally budgeted based on increased numbers of meals served. Recommended Action: We recommend that you concur with this report of the School Board and adopt the amendment to the 2016 -17 Categorical Budget. Adopt the accompanying budget ordinance to increase revenues and expenditures of the School Board Food Service Fund. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Join Mayor Sherman Lea as he welcomes new and prospective business owners and introduces them to the best practices for streamlining the opening and operation of a business in the City of Roanoke. This FREE event features a Panel Discussion of Minority Business Owners successfully operating a business in Roanoke. Panel members include: Mike Hamlar of Hamlar -Curtis Funeral Home and Hamlar Enterprises, Diane Speaks of She's International and Anthony Smith of Blue Ridge Towers. Register at: 900.9118AMISNo Learn about: Join us: MAY 24th from 9 am -12pm Registration is required through Eventbrite. Contact Lisa Soltis at 540.853.1694 if you have questions. ".4 Sponsored by: *FreedomFirst Goodwill Industries of the Valleys Support Center Training Room 2502 Melrose Avenue I Roanoke, VA AllVIRGINIMVIRGINIM ROANOKE ' , °' IO u tdo oir Lea Youth LyBatslke tb,ati t LEA YOUTH OUTDOOR BASKETBALL "A\ C unninnnuinl LY( Hoste '7['ro�,�r�eltlkn�elr" Roanoke City Mayor Sherman Lea Partnered With: Roanoke Police Department SIGN UP TODAY Games will be at Fallon and Melrose Park Girls & Boys 11- 18 years of ages $10 to Enter (uniforms provided), Full Team Entry Available Season Starts: Melrose May 30u', 2017 Fallon Starts: June 1", 2017 Contact James Lynch for Early Registration 540 - 627 -0675 BARBARA A. DAMERON, CPA Director of Finanre DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011 -1220 Telphone: (540)853 -2821 Fa,: (540) 853 -6142 May 15, 2017 TO: Honorable Mayor and Members of Council FROM: Barbara A. Dameron, Director of Finance SUBJECT: Certification of Funding ANDREA F. TRENT Aselstaut Dirertar of Fiaanfe I, Barbara A. Dameron, Director of Finance of the City of Roanoke, in accordance with paragraph (a) of Section 25.1 of the Charter of the City of Roanoke, as amended, and Sections 2 -235 (e) and (f), Code of the City of Roanoke (1979), as amended, do hereby certify that funds required for the 2017 -2018 General Fund, Stormwater Utility Fund, Civic Facilities Fund, Parking Fund, Risk Management Fund, School Fund, School Food Fund, and Grant Fund budgets will be available for appropriation, subject to the adoption of the revenue measures proposed by the Acting City Manager in the May 15, 2017 City Council Agenda. Director of Finance Susan Lower Director of Real Estate Valuation Roanoke, Virginia Dear Ms. Lower: I am attaching copy of Ordinance No. 40815- 051517 adopting and reaffirming the real estate tax rate of $1.22 for every $100 of fair market value of such property, as more particularly set forth in Section 32 -16, Code of the City of Roanoke (1979), as amended, together with all other real estate tax rates as set forth in Article II, Chapter 32, Code of the City of Roanoke (1979), as amended. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, 0-z° 4 m Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance The Honorable Evelyn Powers, City Treasurer Amelia Merchant, Director, Management and Budget Robert Clement, Neighborhood Services Coordinator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avemle, S. W., Boom 456 Roanoke, Virginia 24011 -1536 Telcykonv (540)853 -2541 Fax: (541) 853 -1145 STITHANIF M. MOON REYNOLDS, MMC E -mail: cicrh(nr.antkeva.... Cltp' Clerk CU( ELIA F. MC('Oy Deyuly City Clerk ('E('ELIA'1'. WEDD, ('M(' May 17, 2017 Assktam ne)i,i> Cip CEjk Susan Lower Director of Real Estate Valuation Roanoke, Virginia Dear Ms. Lower: I am attaching copy of Ordinance No. 40815- 051517 adopting and reaffirming the real estate tax rate of $1.22 for every $100 of fair market value of such property, as more particularly set forth in Section 32 -16, Code of the City of Roanoke (1979), as amended, together with all other real estate tax rates as set forth in Article II, Chapter 32, Code of the City of Roanoke (1979), as amended. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, 0-z° 4 m Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance The Honorable Evelyn Powers, City Treasurer Amelia Merchant, Director, Management and Budget Robert Clement, Neighborhood Services Coordinator �Vll' IN TIIF CO(1NCIL OI 'I'IIP. CI'Il' Op ROANOM . VIRGINIA 'Phe I"th d:iy of Mny, 2017. No. 40815- 051517. AN ORDINANCE adopting and reafll rm ing the rctll pmperty lax rate as set ILrth in At 11CIc 11 01 Chapter 32 of the Code of the Cu, of Roanoke and dispensing with the second reading by title of this ordinance. BF IT ORDAINED by the Council of the City of Roanoke as follows: I, pursuant Io Section 58.1 -3321, Code of Virginia "S amended, City Council he](] if public hearing on April 27, 2017, regarding the proposed real estate tax rate of $1.22 for every $100 of fair market value of such properly. City Council deems it necessary to adopt and Leal lIof the proposed real estate property lax Tale of $1.22 for every $100 of I a i r market value of such property and City Council hereby adopts and reaffirms the real estate tax rate of $1.22 for every $100 of fish market value of such property. as more particularly set forth in Section 32 -16, Code of the City of Roanoke (1979), as amended, together with all other real estate tax rates as set forth in Article 11 of Chapter 32. COde Of tile City of Roanoke (1979), as amended. As provided for in Article 11 of Chapter 32, Code of the City of Roanoke (1979), as amended, the real estate tax rates shall be effective for the tax year commencing July 1, 2017, and for each tax year thereafter. 2. pmsuanl to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C2� V7 �P y City Clerk. Og RA- - WO °~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Reaffirmation of Real Estate Tax Rate (CM 17-00045) Background: During the development of the FY2018 budget, City staff advised Council that real estate revenue is performing at a level slightly above projections in the current fiscal year. Pursuant to Section 58.1 -3321 of State Code, the City was required to provide notice to the public and hold a public hearing in order to adopt and reaffirm the current tax rate of $1.22 per $100 of fair market value of such real property. Pursuant to State Code, Council must deem it necessary to adopt and reaffirm such tax rate. As such, it is necessary to adopt and reaffirm the proposed real estate tax rate of $1.22 for every $100 of fair market value. Considerations: On April 27, 2017, City Council held a public hearing regarding the proposed real estate property tax rate of $1.22 per $100 of real property value. Council will consider adopting an ordinance to reaffirm the proposed real estate property tax rate of $1.22 for every $100 of fair market value as set forth in Article II of Chapter 32 of the Code of the City of Roanoke. The real estate tax rate will be effective July 1, 2017, and for subsequent fiscal years, as provided in Article II, Chapter 32, of City Code. Recommended Action: Adopt the attached ordinance effective July 1, 2017, wherein Council deems it necessary to adopt and reaffirm the real estate tax rate of $1.22 for every $100 of fair market value of such property, as set forth in Article 11 of Chapter 32 of the Code of the City of Roanoke, and adopts and reaffirms the real estate tax rate of $1.22 for every $100 of fair market value of such property, as set forth in Article II of Chapter 32 of the Code of the City of Roanoke. I - ?v I- -- 6 --- 4 R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Sherman Holland, Commissioner of the Revenue Evelyn Powers, City Treasurer Susan Lower, Director of Real Estate Valuation Amelia C. Merchant, Director of Management and Budget lgtrM:—n CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnne, S. W., Roma 456 Roanoke, Virginia 24011 -1536 1.,:(540)853-1145 : (5415 - 1 S'(P:I'IIANIE N1. MOON Iik\NOLDS, Nlal(' 4 ?mail: alark(n ronnokeva.4�° ('ISCI!LIA P. M(((11' (',,% ('lock Dcpmr ('ily ('le)k May 17,2017 (1,031A r. WEBB, cMc Y A,,i.vl xnl 0,-h r'ih' ('ICrk REVISED Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copies of Ordinance No. 40816 - 051517 amending and reordaining Section 14.1 -5, Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, effective May 15, 2017; and Ordinance No. 40817 - 051517 establishing the fees for solid waste collection, pursuant to Section 14.1 -5(a), Fees for collection, Article I, In General, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979), as amended, effective on and after January 1, 2018. The abovementioned measures were adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage, as abovestated. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure The Honorable Brenda Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Skip Decker, Solid Waste Manager Robert Clement, Neighborhood Services Coordinator IN rue COUNCII of HIL U11) of ROANOICE. vuuaNIA The 15th day of May, 2017. No. 40816- 051517. AN ORDINANCE amending and rcordnining Section 14.1 -5, Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Munugennent, of the Code of the City of Roanoke (1979), as amended: providing for elfccIi%e dates; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 14.1 -5, Fees for collection, of Article I, In General_ of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: See. 14.1 -5. Fees for Collection. fee! for solid and amended by the :�iif)n\- tiTtic- �crrrm�. (a) Fees for solid waste collection shall be adopted by ordinance and shall be set forth in the fee compendium as approved and amended by the city council from time to time. Different fees may be charged based upon the use of the —parcel as Of single family dwelling unit on one parcel; (ii) multiple dwelling units on one parcel; or iii) business, commercial establishment, institution or other location uses, other than dwelling unit purposes The city may exempt defer, or provide discounts to parcel owners who receive an exemption pursuant to Section 32 -84 of the city code with respect to the payment of real estate taxes by certain elderly or disabled persons. For condominium developments where the owner of each condominium unit receives solid waste services directly from the city, each condominium unit shall be assessed the solid waste collection fee as a single family dwelling unit For condominium developments where the city provides solid waste services solely to the condominium association the condominium development shall be considered a multiple dwelling unit and the condominium association shall be assessed one solid waste collection fee as a multiple dwelling unit (b) I hepwcel owner (if uy parcel, in enntiCUOUS p.0 eels all under ownership by the unncparceI uerncr and Whu.h contiguous p ircO.S arc berm; used I upfhc.d pw pOSC shall be responsible fprpaymmi ofall fees pertaird to the renurval . and disposal of solid waste. for friul>oses of this section 14.1 -5, (i) the parcel owner shall be the person or persons identified in the real estate lax rccotds of the city as owner of the parcel or contiguous parcels as of.luly I in each fiscal car and ri parcel shall mean it parcel ollcal estate identified by the city with an Official :I ax Map Number. (c) (1) For_ the July_ 1 .2017 to June 30), 2018 fiscal year, thgfecs pertaining to removal and disposal of solid _waste for parcel owners eligible [or any 01' such services, and not exempted by the city froin the reeei t Of' ill of such services by vlrtuc of usinga trash compactor in the CenMd Ciusinosg District or using it private solid waste removal company, shall uammcncc as of Januur v I, 2018, and shall be billed for the period of .Ianu I 2018 thfemgh June 30, 2018, by the city treasurer in one (1) installment due On February 15, 2018_ Such solid waste fees may be billed separately or may he combined with other billings, and, when combined payment will be applied fiat to the solid waste collection fees then due and payable then to other amounts identified and due in such billing. -- -_ -- (2) Commencing with. the July L 2018 to June 30 2019 fiscal year and for each fiscal year thereafter, the fees pertaining to removal and disposal of solid waste for parcel owners eligible for any such services, and not exempted by the cif from the receipt of such services by virtue of using it trash compactor in the Central Business District or using a private solid waste removal company, shall be billed and payable on the same schedule as prescribed in Section 32 -18, When due and payable, of Article 11, Real Estate Taxes Generally, of Chapter 32 Taxation of the City Code. Such solid waste collection fees shall be combined with the real estate tax billings and other billines included thereon, and, when combined, pavinent will be applied first to the solid waste collection fees then to any applicable stormwater utility fee, and then to all other taxes and fees, as determined by the city treasurer. Ldh Pursuant to Section 15.2 -105, Code of Virginia (1950) as amended, the failure to pay_[he full amount of fire solid waste collection fec when due will be assessed a penalty of ten percent, _(10 %) and incur interest at the rate of ten percent (10 %) per annum. 2. The city manager is hereby authorized to take all steps necessary and /or advisable, in the city manager's - discretion, to implement Section 14.1 -5 of the Code of the City of Roanoke (1979), as amended, prior to the effective dale of Section 14.1 -5, including, bill not limited to, developing and implementation of policies and procedures to invoice, bill, and collect Ices for solid waste collation. All tees and expenses that the city manager may incur shall be incurred in the -tisud year 2018 Budget. This Ordinance shall be in full force and effect upon passage. 4. Pursuant to the provisions of Section 12 of the Cily Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ( Rxe .j. `MO-d�j— Depw +y City Clerk �., IN "I111 :1000NC'II.OI; II Ilk Cl fYOI' ROANOKk, VIRGINIA Thv, lsu, d.y of May, 2017. N, 40817 - 051517. AN ORDINANCE establishing the fees lim solid waste collection pursuant to Section 14.1 -s(a), Fees for collection, of Article 1. In General, of Chapter 14.1, Solid Waste Men ncnL of the Code of the Oily of Rounol:c (1979), as amended; pruciding Ihr an clTeCOVe date; and dispensing with the second reading of this Ordinance by title. WHEIWAS, Cit} Council has adopted amendments to Section 14.1 -5, Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Manage_m„enl, of the Code D ihe City of Roanokc (1979), as amended, to allow for the assessment of fccs for the collection of solid waste; and WHEREAS, pursuant to Section 14.1 -5(a) of the Code of the City of Roanoke (1979), as amended, and Section 15.2 -936, Code of Virginia (1950), as amended, the City may provide discounts from such fees to persons who receive an exemption from real property taxes pursuant to Section 32 -94 of the City Code for elderly or disabled persons. BE IT ORDAINED by the Council of the City of Roanoke as follows: "File fees for solid waste collection shall be as follows: (a) $96.00 per fiscal year, per parcel used as single- family dwelling unit and receiving any solid waste services from the City. If such single family dwelling unit use is shared by two or more contiguous parcels owned by the same parcel owner, the fee shall remain $96.00 per fiscal year. (b) $192.00 per fiscal year, per parcel used as multiple dwelling units on one parcel, or any group of contiguous parcels owned by the same parcel owner and where such multiple contiguous parcels are used for the one unified purpose for more than one dwelling unit, when such parcel or contiguous parcels are receiving any solid waste services from the City. M .$1 -4-1.00 per fiscal lour, per parcel used fur huciuess. conpuercinl estuhll.shment, institution, m olhcr loc:;uon uses, other than dwelling unit purposes, on one p;uzel or a group of contiguous pullets where such coNigoou,a parcels mr Owned by the same parcel owner and used Ibr one such unified purpuac, when such parcel or parcels are receiving any solid y;aste service" burr the City. (d) Any parcel owner eligible fill exemption of tax on real property pursuant to Section 32 -84 of the Code of Ilse City of Roanoke (1979), as amended, shall pay $60.00 per fiscal year with respect to the parcel on which such ptuccl owner receives Lill exemption pursuant to said Section 32 -84. A single -I ttmily chyclling unit jointly held by a husband and wife may yualily Jul the reduced fee provided herein if either spouse is eligible for the exemption of tax on real property. (e) Por condominium devdOpments whore the owner of each Condominium unit receives solid waste services directly from the city, each condominium unit shall be assessed the solid waste collection fee as a single fhmily dwclling unit_ Por condominium dcvclopmcnts where the city provides solid waste services solely to the condominium association, the condominium (development shall he considered a multiple dwelling unit and the condominium association shall be assessed one solid waste collection fee as a multiple dwelling unit. For the .July I, 2017 to June 30, 2018 fiscal year, the solid waste collection fees shall be one -half of the amount identified heroin and shall be payable on February 15, 2018. The invoice for such fees shall be sent by the City Treasurer to the person or persons identified as the parcel owner or parcel owners of the parcel or the contiguous parcels as of Judy 1, 2017. 3 Commencing with the Judy 1, 2018 to June 30, 2019 fiscal year, and for each fiscal year thereafter, the solid waste collection fees identified herein, shall be billed and payable on the same schedule as proscribed in Section 32 -18, When due and payable, of Article 11, Real Estate Taxes, Generally, of Chapter 32, Taxation, of the City Code, Such solid waste collection fees shall be combined with the real estate tax billings and other billings included thereon, and, when combined, payment will be applied first to the solid waste collection fees, then to any upplicnhle s(ormwo(cr u(Ilha fee, and Ihcn on all olhcr Ines and Ices, as dcicrinined by (he Cily I nv su rcr. �. 'I'hc fees plodded lie ICIII shall not he upplicuhIt liar pmccI owners fur parcccIs .angled in the ('entral Business Dish it using a (I ush compac(or in the CCot IitI Rosiness I)ISH iC(. 5. 'I he tel "parcel owncl- and °parcel° used in this ordinance shall have the meanings ascribed to such terms in Section 14.1 -5(h), Code oh the City of Roanoke (1979), as amended. G. This 0rdinalice shall he eflcctivc on and LIIICI .Isnuarp 1, 2018. 7. POISnalll to the provisions of Section 12 of (lie City Chin let. the second reacting of this ordinance by title is hereby dispensed with. A FITS r: �♦•y ('fly Clerk. a L tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenne, S. W., Room 456 Roanoke, Virginia 24011 -1536 '10,1 .one: (540) $53 -2541 F.,: (540)$53 -1145 S iPI IANIE M. MOON REVNOLDS, MMC E -nmil: 0erk(n,ro,um kevn.... CFCEI.IA F. MCCOV Citl Clerk Dep„tp ('ity Clerk CECELIA T. W EBB, CMC A,,hNnt Deputy City Clerk May 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Resolution No. 40818 - 051517 amending the Fee Compendium to include fees for solid waste collection as set out in this Resolution, effective on and after January 1, 2018. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attaching c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Skip Decker, Solid Waste Manager IN "I 1I1l ('UUNC'IL 01: 1111, 0 f1Y 01 ROANOKP, VIRGINIA The 151h day of May, 2017. N, 40818- 051517. A RFSOL1111ON amending the I'cc ('umpcndium to include Ices for solid waste collection u.e set out hclow; and e.cluhlishing en elTeclive dale. 131: If It D:SOI,VI?D by the Council of the City of Roanol:c lhae fhe Pee Compendium of the City_ maintained by the Director of Finance and authorized and approved by ('try ('ouncil by Resolution No. 32412- 032795, adopted March 27, 1995, eflective as of that date, as since amended, shall be amended to reflect the following fees: Pees for the removal and disposal of solid waste. U IRRFNl AMOUNT $0.00 per month._ $0.00 per fiscal ycar Create Solid wm't, Rate rcc Compendium 4 2017 doc - NPAi AMOUN F $96.00 pet fiscal year, pei parcel used as single- family dwelling unit and receiving any solid waste services from the City. If such single family dwelling unit use is shared by two or more contiguous parcels owned by the same parcel owner, the fee shall remain $96.00 per fiscal year. $192.00 per fiscal ycar. per parcel used as multiple dwelling units on one parcel, or any group of contiguous parcels owned by the same parcel owner and where such multiple contiguous parcels are used for the one unified purpose for more than one dwelling unit, when such parcel or contiguous parcels are receiving any solid waste services from the City. $144.00 per fiscal year, per parcel used for business, commercial establishment, institution, or other location uses, other than dwelliug unit purposes, on one parcel or a group of contiguous parcels where such :' ontiguous parcels are owned by the saute parcel owner and used for one such unified aurpose, when such parcel or parcels are receiving any solid waste services hum the ity. Am pureel owner eligible lilt exemption of tax on real pIOperl)' pursuanl to Section 32 84 of the Code of the CiK of Roanoke (1979). as amCilded, shall pup $00,00 per fiscal year with rasped to the parcel on which such parcel owner ICCCi %CS an exemption pursuant to said Section 32 -84. A single- liunily dwelling unit jointly held by a husband and �ailc may qualify I'm the reduced Ice provided herl'In if cithcr spouse is eligible for the exemption of la.x on real III operty, Pot condominium developments where the owner of each condominium unit receives solid waste selvices dilmly Baal the city, each condominium unit shall be assessed the solid waste collection fee as a single family dwelling uniL For condominium developments where the city provides solid waste services solely to the condominium association, the condominium development shall be considered a multiple dwelling unit and the condominium association shall be assessed one solid waste collection fee as a multiple dwelling unit. For purposes of these fees, (i) the parcel owner shall be the person or persons identified in the real estate tax records of the city as owner of the parcel or contiguous parcels as of July 1 in each fiscal year; and (ii) a parcel shall be any real estate identified by a City of Roanoke official tax map number. For the .July 1, 2017 to June 30, 2018 fiscal year, the solid waste collection fees shall be one -half of the amount identified herein and shall be payable on February 15, 2018. ]'he invoice for such fees shall be sent by the City 'frcasum to the person or persons identified as the owner or owners of the parcel or the contiguous parcels as of July 1, 1 2017, Chain Solid l a x Ratc I, C Ipendinm 4 2017 doe CumnsnciIIg with the ,tiny I, 2018 to .lone 3,O, 2019 f fiscal veal, and for each fiscal VCar Ihcre;dIVI. the solid waste collection Ices ,ehmll be hilled and payable on the same schedule as prescribed in Section 32 -18, When dud and payable, of Article II, 12ca1 kswlc Tuxes (mncfally, of' Chapter 32, '1axatiun, A the Cim Cock. Such .solid waste collection fees shall be combined oilh the real estate tax hillings and other billings included thereon, and, when combined, payment will be applied First to the solid waste collection Ices, then to any applicahle stormwatcr utility fee end then to all other taxes and Ices, as determined by file City'I reaSLIM. 3. Resolution No. 32413- 033795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. the Ices established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shell be eflcctive on and it lie I January 1. 2018. AI -IESI C"�" J IIeGesy- Dep�)y CityC'Icrk. Creea Snlia W aae Net, red 4 2017 dnc 3 °nz+x CITY COUNCIL AGENDA REPORT - To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Adoption of Solid Waste Collection Fees (CM17- 00042) Background: The Code of Virginia authorizes localities to provide for the collection of solid waste within their communities. The Code of Virginia also permits localities to charge a fee for such services. Localities throughout Virginia have enacted such fees. During the budget development process for the FY2018 budget, City staff provided Council with a schedule of the fees charged by localities for solid waste collection During the development of the FY 2018 budget, City staff advised Council that several local revenue sources are performing at levels below projections and, in some circumstances, below performance in prior fiscal years. Considerations: Chapter 14.1 of City Code provides for the collection of solid waste within the City. Under Chapter 14.1, solid waste includes trash, recyclable materials, brush, and bulk materials. Presently, solid waste collection services, outside of the downtown compactor districts, are provided to residents and businesses without a separate charge. Presently Section 14.1 -5 allows for the establishment of fees generally. In order to implement solid waste collection fees based on use of properties, Council must adopt certain additional measures. On April 27, 2017, City Council held a public hearing regarding a proposal to establish solid waste collection fees within the City. Citizens and other interested parties were given the opportunity to express their views with respect to the creation of such fees. City staff recommends the adoption of solid waste collections fees to recover a portion of the cost to provide solid waste collection services. The incremental revenue from the fees will be utilized to protect against further potential revenue decline. The proposal will implement the fees as of January 1, 2018. The proposal is to establish solid waste collection fees at the following rates: Single family dwelling unit $96 per fiscal year Multiple dwelling units $192 per fiscal year Businesses, commercial, industrial constitutional, and other uses $144 per fiscal year (other than dwellings) Elderly and disabled property owners who receive a partial exemption from real estate taxes under Section 32 -84 of the City Code will be assessed a solid waste collection fee of $60 per fiscal year For FY 2018, property owners will be assessed one -half of the applicable fee. The fees will be due by February 1 5, 2018. The City Treasurer will send those invoices to property owners. For FY 2019, and thereafter, property owners will receive two bills for the applicable fee. The solid waste collection fee will be included in the real estate tax bill. Recommended Action Adopt the attached ordinance to amend Section 14.1 -5 of City Code to authorize the implementation of solid waste collection fees at rates based upon the particular use of the property. Adopt the attached ordinance that sets the rates for the solid waste collection fees as more particularly described in this report. Adopt the attached resolution to include these solid waste collection fees in the Fee Compendium. 41 -e- R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Sherman Holland, Commissioner of the Revenue Evelyn Powers, City Treasurer Robert K. Bengtson, Director of Public Works Skip Decker, Solid Waste Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE establishing the fees for solid waste collection pursuant to Section 14.1 -5(a), Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, City Council has adopted amendments to Section 14.1 -5, Fees for collection, of Article I, In General, of Chapter 14. 1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to allow for the assessment of fees for the collection of solid waste; and WHEREAS, pursuant to Section 14.1 -5(a) of the Code of the City of Roanoke (1979), as amended, and Section 15.2 -936, Code of Virginia (1950), as amended, the City may provide discounts from such fees to persons who receive an exemption from real property taxes pursuant to Section 32 -84 of the City Code for elderly or disabled persons. BE IT ORDAINED by the Council of the City of Roanoke as follows: The fees for solid waste collection shall be as follows: (a) $96.00 per fiscal year, per parcel used as single- family dwelling unit and receiving any solid waste services from the City. If such single family dwelling unit use is shared by two or more contiguous parcels owned by the same parcel owner, the fee shall remain $96.00 per fiscal year. (b) $192.00 per fiscal year, per parcel used as multiple dwelling units on one parcel, or any group of contiguous parcels owned by the same parcel owner and where such multiple contiguous parcels are used for the one unified purpose for more than one dwelling unit, when such parcel or contiguous parcels are receiving any solid waste services from the City. (c) $144.00 per fiscal year, per parcel used for business, commercial establishment, institution, or other location uses, other than dwelling unit purposes, on one parcel or a group of contiguous parcels where such contiguous parcels are owned by the same parcel owner and used for one such unified purpose, when such parcel or parcels are receiving any solid waste services from the City. (d) Any parcel owner eligible for exemption of tax on real property pursuant to Section 32 -84 of the Code of the City of Roanoke (1979), as amended, shall pay $60.00 per fiscal year with respect to the parcel on which such parcel owner receives an exemption pursuant to said Section 32 -84. A single- family dwelling unit jointly held by a husband and wife may qualify for the reduced fee provided herein if either spouse is eligible for the exemption of tax on real property. (e) For condominium developments where the owner of each condominium unit receives solid waste services directly from the city, each condominium unit shall be assessed the solid waste collection fee as a single family dwelling unit. For condominium developments where the city provides solid waste services solely to the condominium association, the condominium development shall be considered a multiple dwelling unit and the condominium association shall be assessed one solid waste collection fee as a multiple dwelling unit. 2. For the July 1, 2017 to June 30, 2018 fiscal year, the solid waste collection fees shall be one -half of the amount identified herein and shall be payable on February 15, 2018. The invoice for such fees shall be sent by the City Treasurer to the person or persons identified as the parcel owner or parcel owners of the parcel or the contiguous parcels as of July 1, 2017. Commencing with the July 1, 2018 to June 30, 2019 fiscal year, and for each fiscal year thereafter, the solid waste collection fees identified herein, shall be billed and payable on the same schedule as prescribed in Section 32 -18, When due and payable, of Article II, Real Estate Taxes, Generally, of Chapter 32, Taxation, of the City Code. Such solid waste collection fees shall be combined with the real estate tax billings and other billings included thereon, and, when combined, payment will be applied first to the solid waste collection fees, then to any applicable stormwatcr utility fee, and then to all other taxes and fees, as determined by the City Treasurer. 4. The fees provided herein shall not be applicable for parcel owners for parcels situated in the Central Business District using a trash compactor in the Central Business District. 5. The terms "parcel owner" and "parcel' used in this ordinance shall have the meanings ascribed to such terns in Section 14.1 -5(b), Code of the City of Roanoke (1979), as amended. 6. This Ordinance shall be effective on and after January I, 2018. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Section 14.1 -5, Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; providing for effective dates; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 14.1 -5, Fees for collection, of Article 1, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: See. 14.1 -5. Fees for Collection. ,,,, 6,' "lid I" 1-0111. '0011 be aS,Set luf1h in tile aee compendium as approN ed and amended b� the cit� �meil From lime to time, (a) Fees for solid waste collection shall be adopted by ordinance and shall be set forth in the fee compendium as approved and amended by the city council from time to time. Different fees may be charged based upon the use of the parcel as (i) single fanny _dwelline_unit_on or! areel, ii multiple dwelling units on one parcel or (iii) business commercial establishment, institution or other location uses other than dwelling unit purposes. "the city may exempt defer, or provide discounts to parcel owners who receive an exemption pursuant to Section 32 -84 of the city code with respect to the payment of real estate taxes by certain elderly or disabled persons. For condominium developments where the owner of each condominium unit receives solid waste services directly from the city each condominium unit shall be assessed the solid waste collection fee as a single family dwelling unit. For condominium developments where the city provides solid waste services solely to the condominium association, the condominium development shall be considered a multiple dwelling unit and the condominium association shall be assessed one solid waste collection fee as a multiple dwelling unit. (b) 'the parcel owner of any parcel or contiguous parcels all under ownership by the same parcel owner and which contiguous parcels are being used for one unified purpose, shall be responsible for payment of all fees pertaining to the removal and disposal of solid waste. For purposes of this section 14.1 -5 (i) the parcel owner shall be the person or persons identified in the real estate tax records of the city as owner of the parcel or contiguous parcels as of July I in each fiscal year: and (ii) parcel shall mean a parcel of real estate identified by the city with an Official Fax Map Number. (B) (1) Fw_the Judy I, 2017 to June 30, 3018 fiscal year, the fees pertaining to removal and disposal_ of solid waste for parcel owners cheible for any of such scrvices and not exempted by the city from the receipt of all of such scrvices by virtue of using a trash compactor in the Central Business District or using a private solid waste removal company, shall commence as of January 1.2018, and shall be billed for the period of January I 2018 through June 30 2018, by the city treasurer in one (1) installment due on February 15, 2018. Such solid waste fees may be billed separately or may be combined with other billings and, when combined. payment will be applied first to the solid waste collection fees then due and. payable then to other amounts identified and due in such billing. (2) Commencing with the Julv I, 2018 to June 30 2019 tscal Near, and for each fiscal year thereafter, the fees pertaining to removal and disposal of solid waste for parcel owners eligible for any such services and not exempted by the city from the receipt of such Services by virtue of using a trash compactor in the Central Business District or using a private solid waste removal company. shall be billed and payable on the same schedule as prescribed in Section 32 -18 When due and payable, of Article 11, Real Estate Taxes. Generally, of Chapter 32, Taxation of the City Code. Such solid waste collection fees shall be combined with the real estate _tax _billlllgs and other billings included thereon and when combined, payment will be applied first to the solid waste collection fees, then to any applicable stormwater utilitv fee, and then to all other taxes and toes, as detennined by the city treasurer. (dL Pursuant to Section 15.2 -105, Code of Virginia (1950) as amended, the failure to pay the full amount of the solid waste collection fee when due will be assessed a pcnahv of ten percent (10 %) and incur interest at the rate of ten percent ( I W /o) per annum. The city manager is hereby authorized to take all steps necessary and /or advisable, in the city manager's discretion, to implement Section 14.1 -5 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Section 14.1 -5, including, but not limited to, developing and implementation of policies and procedures to invoice, bill, and collect fees for solid waste collection. All fees and expenses that the city manager may incur shall be incurred in the - fiscal year 2018 Budget. 3. This Ordinance shall be in full force and effect upon passage. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION amending the Fee Compendium to include fees for solid waste collection as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 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 fees: FEE CURRENTT AMOUNT NEW AMOUNT Fees for the removal and $0.00 per month $96.00 per fiscal year, per parcel used as disposal of solid waste. $0.00 per fiscal single - family dwelling unit and receiving year any solid waste services from the City. If such single family dwelling unit use is shared by two or more contiguous parcels owned by the same parcel owner, the fee shall remain $96.00 per fiscal year. $192.00 per fiscal year, per parcel used as multiple dwelling units on one parcel, or any group of contiguous parcels owned by the same parcel owner and where such multiple contiguous parcels are used for the one unified purpose for more than one dwelling unit, when such parcel or contiguous parcels are receiving any solid waste services from the City. $144.00 per fiscal year, per parcel used for business, commercial establishment, institution, or other location uses, other than dwelling unit purposes, on one parcel or a group of contiguous parcels where such contiguous parcels are owned by the same parcel owner and used for one such unified purpose, when such parcel or parcels are receiving any solid waste services from the City. Create Solid Waste 0e c Fee Compeadfum 4 2017 Any parcel owner eligible for exemption of tax on real property pursuant to Section 32- 84 of the Code of the City of Roanoke (1979), as amended, shall pay $60.00 per fiscal year with respect to the parcel on which such parcel owner receives an exemption pursuant to said Section 32 -84. A single- family dwelling unit jointly held by a husband and wife may qualify for the reduced fee provided herein if either spouse is eligible for the exemption of tax on real property. For condominium developments where the owner of each condominium unit receives solid waste services directly from the city, each condominium unit shall be assessed the solid waste collection fee as a single family dwelling unit. For condominium developments where the city provides solid waste services solely to the condominium association, the condominium development shall be considered a multiple dwelling unit and the condominium association shall be assessed one solid waste collection fee as a multiple dwelling unit. For purposes of these fees, (i) the parcel owner shall be the person or persons identified in the real estate tax records of the city as owner of the parcel or contiguous parcels as of July I in each fiscal year, and (it) a parcel shall be any real estate identified by a City of Roanoke official tax snap number. For the July 1, 2017 to June 30, 2018 fiscal year, the solid waste collection fees shall be one -half of the amount identified herein and shall be payable on February 15, 2018. The invoice for such fees shall be sent by the City Treasurer to the person or persons identified as the owner or owners of the parcel or the contiguous parcels as of July 1, 2017. ( Solid Whsle Rnte Fee Compendium 42017 Commencing with the July 1, 2018 to June 30, 2019 fiscal year, and for each fiscal year thereafter, the solid waste collection fees shall be billed and payable on the same schedule as prescribed in Section 32 -18, When due and Payable, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the City Code. Such solid waste collection fees shall be combined With the real estate tax billings and other billings included thereon, and, when combined, payment will be applied first to the solid waste collection fees, then to any applicable stormwater utility fee, and then to all other taxes and fees, as determined by the City Treasurer. Resolution No. 32412- 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. this Council. The fees established by this Resolution shall remain in effect until amended by This Resolution shall be effective on and after January 1, 2018. ATTEST: City Clerk. C.IeS.hd Wxsm Rem Fvc ComPrndium 42017 May 17, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of Ordinance No. 40819- 051517 providing for an amendment of the fees and violations charged at the City -owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot; providing for an amendment of certain fees for late payment or nonpayment of such parking fees;; establishing an effective date of such fees and violations charged at the City owned and /or controlled parking facilities, effective on and after July 1, 2017; and authorizing the Acting City Manager to issue guidelines to implement, administer, and enforce such fees. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect on and after July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attachment c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Debbie Moses, Hotel Roanoke Conference Center Director CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roon1456 _ Roanoke, Virginia 24011 -1536 '1'eleylmne: (5411)8534.541 F.x: (541)853 -1145 L -nmil: vlerk(ntr..... u.RUV (EC ELIA F. MCCOY 8'I'EI'l1ANIE M. MOON REYNOLDS, MMC Dcy11) 01y Clerk ('11y ('lerk CECF.LIA T. W EBB, CMC Assisbml Demiry City Clerk May 17, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of Ordinance No. 40819- 051517 providing for an amendment of the fees and violations charged at the City -owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot; providing for an amendment of certain fees for late payment or nonpayment of such parking fees;; establishing an effective date of such fees and violations charged at the City owned and /or controlled parking facilities, effective on and after July 1, 2017; and authorizing the Acting City Manager to issue guidelines to implement, administer, and enforce such fees. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect on and after July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attachment c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Debbie Moses, Hotel Roanoke Conference Center Director �v 5 IN " I I W Cot INCH, OP Il 11f CI YO1 ROANOKV. VIRGINIA '19m 15Hr day at Muy, 2017. No. 40819- 051517. AN OR DINANCI'I providing for an amendment ofthe fees and violations charged at the City owned and/or controlled perking Ihcilitics, nansly: Campbell (iaragc, Center in the Square Garage, Church Avenue ( lantgc, LlmIsv,d Park (iaragc. Gainsboro Garage, Market Garage, Tower Ciaragc, Flnmood Lot. I lighcr P,d Center Lot, Market Lot, and Warehouse Row Lot; providing for an amendment of certain fees fur late payment or nonpayment of such parking fees; establishing an d7ective date of such fees and violations charged at the City owned and /or controlled parking lacilitics: uuthori/ing the City Manager to issue guidelines to implement, administer, and enforce such ices; and dispensing with the second reading of-this Ordinance by title. 131: IT ORDAINFD by the Council of the City of Roanokc as follows: I . The current parking Ices for the ('ampbcl l (hinge as set out below Shel l he amended in accordance kith the lollowing new fee schedule. ('amphell (7arage Fee Schedule Monthly unrcscrvcd Short term NsCckda_vs 9amto4pin Per .5 In Daily Maslmum short term weeknights 4 pro _to 9 pin -- Saturday Sunda)' Dailv Early Bird Special for weekdays Monthl)LIkcsidential Monthly IAC Pee irking Violations tilure to Display Valid Hangtag skiff Reserved Space _ ouble Parking__ ,ora re of Vehicle tilure to pay for Parkin CURRENT FEE __. $40 /mo_. NEW FED; S4i mo $I.00 $I.00 $8.00 (after 3.5 hours)_ _ __. __ $8.00 (after 3.5 hours) - $3.00 $3.00 I RLIi Plilili I REF I RFF Enter befma 9 am. as shown Gnler before 9 (1m, as b) ' the ticket for that day, and shown b1i the ticket for that the parka pays the lesser of i dqr, and the parker pups tire egular puking fees or the lcisu 01lhe tegedar $3.00 for that clay. parking lees or Sd 00 for drat clad'. -$20 00 /mo l25 (NJ1nm $5.00 per card S10.00 per Cord $ 10.00 ,n20,Uu $ 10.00 - _ S20.(10 $ 10.00 520.00 $ 10.00 520.00 Handmapped Parkm Violation $125.00 Imp ep r Disabled Placard Dis la $25.00 Underpaid for Tim e Parked $10.00 $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in hull within a 1 calendar days of the violation. :An.Admini >n aticc Collet non__I_� cc X% ll l be i,suej pn all accognis set %ice chaffff cs tmd citations in the amount of S30,00 it the Igi it uall oI Ill I clue iS COIICCled vilIxgtieot to thirIV (?41 or 11 l01 e Otis S after 2 2. 1 he eurrenl parking lees li'r the ('clue, in (lie Syuure Gor=ge shall be amended in sccordence kith the Billowing new lie schedule. ('enter in the Square Garage Fee Schedule Monthly resmed Monthly wu-cscrvcd _ Short term weekdays 8amto4pro Pei .5 hr Daily Maxinmm Short lean Monday 'I hursday _ 4 pro to9pill _ Short term Friday 4 pm to 12 am (midnight)_ _ Saturdav (except 4 pill to 12 am- __ m_idllq Sh t) _ - ortterm Saturday _ 4 pm to 12 am midn>�hl),. S widay - _ _ Monthly Residential Monthly Late Pee Parking Violations Failure to Display Valid I Ian'nl_ Double Parkin_ _ Storage of Vehicle Monthly -parked on daily le_ Failure to pay for Parking CURRFNT FEE $105/hno $85 /nui $1.00 $8.00 (after 3.5 hours) $4.00 flat rate $4.00 flat late PI21'.I i $4.00 flat rate FRIT $20.00 /mo $5.00 net card $ 10.00 $ 10.00 $ 10.00 $ 10.00 $125.00 NFW FFF, $1115 /mo $85 /mo $1.00 $8.00 (after 3.5 hours) $4.00 flat iate $4.00 flat rate FRFE $4.00 flat rate S 10 00 per card S2(L00 520.00_ 520.00 S20.00 520.00 $20.00 $125.00 Underpaid for Time Parked $10.00 1 $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in full within I calendar days of the violation. Ali - _Wmim ill al.iNe COIlecuon. Pce IN dl be illued_oi.111 eccomius. sci \ ice Chat swti . citations in the amount 1f tile lotul =moon! due is 1ullecled aubseuuent to thirtc (30) nr more dins 3 the current parking Ices tin the Church Avenue Garage shall be unlcnded in oenmlanee will the Iblluwing new Ice schedule: Church AN enue Garage Fee Schedule CURRENT FEE NEW FEE I Monthly unreserved $70 /mo l $70 /mo Short tel \\eekdays 8amlo4pro Pet .5 In $1.00 $1.00 Daily Maximum - $8_.00 (alter 3.5 hours) $8.00 (aftei3.5 hours)_ Short term weeknights $3.U0 11at rate $3.00 (la[ late 4pmlo9pm - -_ Saturday [ RI I:- FREI3 - -_ -- Stmday_ I RI C FRIT M'olIthlv Residential $201mo S25.00Umo Monthly Late Fee $5.00 per card S10.00 per corer Parking Violations Failure to Dismay Valid I langlai�� $ 10.00 _ $ 10 00 __ _ _S20.00 520.00 _. Parking i i Reserved _ 520.00 _ S20, 00 520.00 $20.00 _Space _ Double Per kutF - Stora�eol Vehicle_ _� Monthly eked on daily levels _ $ 1000 $ 1000 ) $ 10.0() $20.00 - Failure to pay for Parking $125.00 $25.00 -- $10.00 $125.00 _ handicapped ParkinSViolation $15.00 _ $10.00 Im roneer Disabled Placard Display Underpaid for Mime Parked Additional late payment fee of $15.00 will be charged for each violation not paid in full within ? I calendar days of the violation. .ill Admilo SnatiN C CUl leclloll l ".CC AA Ill be ladled 011 all occouillS 1CI'N ice Cllr LOs, dI1d Citation, ill the il1C total amount (IaC Is Collected 416SegllClll to thll'IA 30) of I oic d IA5 alter 1110E t1 1 (l (1t) Il _ notice Of d II IC Neill ._ not 1 ch a •5 but prior u13udnnrul jC ilN ( odc Section 'I 78,41 d. The currant parking Ices lix the lilmwood fall: (iiu'age Shull he amenulccl in occorduncc mill the following neu Icc schedule 11" hm ncuud Prink Ga rage Fee Sehedule I CURRFNT FEE, NUN' FE", Monthly unreserved $70 /no $70 /ruo Short tern rccekdays 8 out to5pin Per .5 hr M tvimum $8 00 (alua 1 5 hours) $8.00 (rltu 9.5 how s) _Duly _ Fillet Mondry -Friday after 5pm PRI li I RI I_ S iturday IT EE I: I? FREE Sunday FREE I RL1: Monthly Residential $201mo _ _ S».00hno lnurl/nikin hl'fh _ }3001'cl nt - Monthly Late I ce -� $5.00 per card 510 UO per card Parking Violations Failure to Disla Valid Ilangtat $10.00 $1000 _.. — — $ 10.00 -- _ $ 10.00 _ S20.00 _ - _ _S20.0(1__ S20.00 'Park�in Reserved S Ran c_ Double Parking_ —... _— - -- _ _ S2000 Storage of Vehicle Failure to ry for Parkin .__$20.00 _ $20.00 _ _ -� Ilandicapped Parking Violation _ _ _ $125.00 $125.00 hn roper Disabled Placard _D_i_splay _ $25.00 _ _ _ _ $25.00 Underpaid fm- Time Parked $10.00 $10.00 Additional laic payment fee of $15.00 will becharged for each violation not paid in fill within ? I5 calendar days of the violation. All I ecxrill be Issued ('11"11[ accotnn ticrr icc_clnujls audguwongin the amount o(S '(L00 it the Iola) amount due is collcrtcd ,uhscAucnt to lhirtl 111 or room dais aflcr notice of dclinr ucnl claw ec+ but 11jor to judwnenl L( irn_Codc Scclion 2-17SA) 5. the current parking Ibex lirrthc Idmwoud Lot .shall be amended in accordance Iv Ill the following new (ec schedule. F,Inravoud Eo( Fec Schedule ('11IMFMF FFF. Monthly unreserved $55 /mo -. Short terns sccckdays 8amlo5pro Pei S hr $1.00 Daily Maximum _ $8-00 taller 3.5 hours) Entu Monday - Friday FRIT Alter 5par _ - S turdav f121,h. Sundn�. _PRE F Monthly Residenh d _ _ $2(1/mo - Monthly Late Ice _ 'S_5_.00feri cdrd__ _ [,of Rental $150 00 Parking Violations Failure to Display Valid I langtak _ $ 10.00 ParkinP, in Reserved Space �- $ I Q00___ _ $ 10.00 NFW FEE $55 /mo _.. $1.00 $8.00 (alter 3.5 hops). _ FRFF1 RI F SI0.00rd $150.00 520.00 S20 -00 — I-- - - - -- -- _- Failure to pay fo_r P1rkm $20.00__ $20.00 Handicapped Parking Violation _ $125.00 _ _ $125.00 Imp roper Disabled Placard Display __$25.00 _ _ $25.00 Underpaid for'fimc Parked $10.00 $10.00 Additional Late payment fee of $15.00 will be charged for each violation not paid in full within 5 I calendar days of the violation. \o A ill-im trathr Collection I'ce N% ill [e sued on LIJI accuunr ra ice cirr .. aid dtutigns in the amount of S;( 00 it the total anHnmt due Is collected silh,e(Iucnt to thud t70) ur more t)_l\.S alter_ notice nl dclirucnt c.h ups bul_pIior tojud nlent. t( ity Code Section 2- 178..1) 6 6. The cwrent pt, kine lies for the Gainsbom Uarage shall be amended in accordance IN th the lullowing new foe schedule. Cainsburo Garage Fee Schedule Monthly unreserved Monthly student uneeserved Short term weekdays 8 am to 4 pill Per .5 In Daily Masimum Short term weeknights 4 pill to9pill Saturdal _ Sunday Monthly Residential CURRENT FEE, NEW FEE $45 /mo SJ(l nm $22.50 /mo $.50 $_6.00 (afte+ 5.5 hours)_ $3.00 Flat rate Note: A $1 discount offof the cvcniit rate will he made availahle for Roanoke Higher Education Center students with appropriate student documentation when presented to the attendant on _ duty' .- FREE S25, 00'mo $.50 $6.00 (alto 5.5 hours) $3.00 0a1 rate Note A $1 discount off oftile evening rate will he made available for Roanoke I hither Education Center students with appropriate student documentation when presented to the attendant on chap. FREE r Monthly I sae Fee i $5.00 per card I 510.00 )per card J Failure to Dis lap y ValjdHan6tag 10.00 320.00 Parking in Reserved Space $ 10.00 _ ,520.00 Double Parking _ $ 10.00 _ _ S2_0.00 _ _ Storage of Vehicle $ 10.00 _ S20.00 Failure to ay for Parkin _ $20.00 _ $20.00 _ Handicapped ParkinlViolanon _ $125.00 $125.00 Improper Disabled Placard Dis la • _ $25.00 $25.00 _ Underpaid for Time Parked $10.0o $10,00 Additional late payment fee of $15.00 will be charged for each violation not paid in fldl within> 15 calendar days of the violation. \n .-Administrtn c Collection Fcc oil h Isnedor ell .tccoalnls lcn ice chu cs and citations in the amount of S_ 09() if the total amount dale is collected subsctuenl lu fhinf GO) or more daNs titter notice of felicut ch frees hULj1rior to_judEm nt, Gin ( o Ic Section ? -1784) 7 7. The current parkin"; Ices Ibr the I ligher lid Center Lot sholl he amended in accordance with the Jobowing new fee schedule. Ilikher Ed Center Lot Fee Schedule CURRENT FEE Monlhh urneerrred $45tmo Monthly student untesci-cd $22,50 /mo Short term wcekdays 8 am to 4pm NEW FEE 50 nun 525.00 wo Per .5 hr 10.00_ $.Sp $.50 Duly Masinwm _ -- - $6.00 (Lille] S.5 hours) - _ - $6.0_(1 (aflc_r_5.5 hours) Short term weeknights Storage of Vehicle. $3.00 Put rate. U.00 flat rate 4 pm to 9pm $20.00 _ $20.00 Satwda F12I;1{ I Rb:F. Sunday _ PRLF 1RCE - - -- Mmrthl2 Residential $20/no. _. _ S2o.00 /mo _ Monthly Late Pee $5.00 per card SJ0.00Per cmd Failure to I isso,y Valid Itangta�__ 10.00_ _ 520.00 _ Parking in Reserved Space $ 10.00 - - _ 520.00 _ - Double Parkit_ _. -- - —_- $ 10.00 —-- 520,011 Storage of Vehicle. $ 10.00 _ S?1��� Failure to pay for Parking $20.00 _ $20.00 Handicapped Parkin Vioation _$125.00 _ $125.00 Improper Disabled Placard Display $25.00 $25.00 Underpaid for Time Parked $10.00 $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in fall within 5 1 j calendar days of the violation. ,, -An :Admini,trarice C ill leclion I -ec I he issnnl on all accounts. scn ice ch,irges,;ind citation in the amount or 510.00 it the total anrounl_doc is Collected suh a t_�o thats.L3(0) or n¢n_daNN due ncxicc of delinquent Chat'IeS hUt prior mLd lnent. (('iU ( odc Scclion 2 178.'.4) - -_ 0 I'he current parking Ices lot the Market Garage shall he amended in accordance with the following neca fee schedule .._.�.,.. i�........., c,.,, c.d... !ule CURRENT FEF? NLW FEE Monthly unrescn ed $70 /mo $70 /mo Monthly reserved $90 /1110 Short tern weekdays 8amto4pill Per .5 hr $1.00 $1.00 _ Daily Maximum $8.00 (after 3.5 hours) (after 3.5 hours) _$8.00 Short term weeknights 4 pill to 9 pill . o flat late caning Rate (4 pm to 2 am) FRFF, 53.00J1al rate Ovcrni �ht Rte (_ am to 8 am) F 53.00 flat rate _ Saturday (except 4 pm to 9 pm) FRk k_ 4 pm to e) pro 00 IFit l llc 8 am lo2am 53.00 jlal rate 2 am to 8 am_ __S3 00 /la[ rWe _ Sunday _ 8 am to 2 am FREE 53,00, lat rate 2 am to 8 a _ 53.00 flat rate Monthly Reside ual _ $20 /mo _ 525.00 /mo Monthly Late Fee $5.00 per card SI0.00 per card Parking Violations Failure to Display Valid Han ta'. $ 10.00 520.00 _ ig nReservcd Space $ 10.00 52000 _Parkin Double Parkin $ 10.00 _ 520.00 Storageof Vehicle _ $ 10.00 520.00 Monthly parked on daily leve_Is $ 10.00 _ 52000 Failure to pay for Parking — �. $20.00 _ $20.00 andica cd Parking Violation $125.00 $125.00 _ lm ropes Disabled Placard Display $25.00 _ _$25.00 Underpaid for Time Parked $I(wo $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in full within I S calendar days of the violation. An Adminno,mle ('ollcetion 1-ec will he ro> =ued on all account;, +ill icc ch u e and citauons in the amount of 5311.110 ifthe total amount due is collac[ed subsequent to thitc (301 or more dos alter notice nL delinquent drarecs buf prior to iudamcnt. Cil1 C'odc Section _' - 178.1) 9. The current parking fees for the Market Lot shall he amended in accordance mill the lidloveiup new fee xchalulc: Market Lol Fee Schedule CURRENT FEE NI?W FFF. i I Monthly unrescrved $75 /mo $75 /nro Short term weekdays- 8 am to 4 pm Per S In $1.00 $1.00 Daily _Maximum $8.00 (tifter 3.5 hours) $8.00 (iflei_3.5 hours) Short term weeknights $3.00 flat rate $ r 00 flat rate 4 pm to 9 pm _ _I Saturday (except 4 pm to 9 pm) FREE FREE Short term Saturday 4 p11 to 9 j1m - $3.00 flat rate $3.90 flat rate -_ -_ - Sunda)i FREF 1 RI k: Lunch Rate Monday Friday - -$1.00 $1.00 _11:30 a.in, to 1:301).n).__ _ Monthly Residential _ _ $20hno S25.001mo Mnnrhh Late Fee $5.00 per card 570.00 pef card Failure to Display Valid _Parkin° in Reserved Spr Double Parkin Storage of Vehicle Failure to pay for Parkir Violation Disabled 10.00 $ 10.00 S20.00 $ 10.00 S20.00 $2000 _ $20.00 _ $125.00 $125.00 day $25.00 _ _ _ $25.00 $10.00 $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in fall within> I calendar days of the violation_ All . 1d_ministratis e Collection I ce.\o_II he rsucd ou rP account mice chm s and citations _n the.unount of S10.00 if the total anfount due is collected sghsequert to thine (30) of m e lass dtu uotiae uI (fel_mr r3 rent ch n._c, hnir i it) j ld(Mellt_ WiIN ( ode Section' 175.E 10 10 fhe current par kinc fees loo tile,) Cl Uarage shall he amended in accordance ce ill the Iblloming new fee schedule: Tower Garage Fee Sehednle Momhly reserved Monthly anre'sCl%Vd - Short term wcekda}'s 8 am to 4 pm Pe[ .5 hr Daily Maximum Short term weeknights _ _4pmto9pill Saturday (except 4 pm to 9 pm Short term Saturday -- 4 pro to9pi_ -- -_ Sunday— —_ -- Monthl} 12csidential to for levels ('ORRENT FFF $9lVmo $70 /mo $1.00 $8.00 (after 3.5 hours) $1.00 flat late 1921'Y $1.00 flat rate $20 /nu) __ $ 10.00 ___ _ $ 10.00 HO I (1 00 $ 0 _ $20.00 $125.00 NEW FEF $90!mo $70 /nut $1.00 $8.00 (after 3.5 hours) $3.00 flat rate FREE $3.00 flat rate FRIT -. - - _ S25.00,'mo S 10, 00 per c al d 520.00 S20.00 520.00 -- 520.00 125.00 Impro ep r Disabled Placard Uispla $25.00 _ 1 32,.uo Underpaid for Time Parked $10.00 $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in full within g I_ calendar days of the violation. .An Willim'u'liix c Collection Ice ,�.il' he Ia1LlCd ON all acc9miB- IeFN 1cc ch u_c,_puid cit.11_on,¢ in the amount of 1;0.(10 if the fetal �mroun( duc is collected 'uh,equent to Olim (30) or mole daN s dm notice of dclul ucnt charecs hLtt I, me n_(Cm ( ode Section 2 -178.4j 1 I. The cul -r ell t parking fees for the Warehouse Row I_ol shnll be amended in accordance LciIll the foli(ming new I" schedule Warehouse Row Lot Fee Schedule 12 CURRENT FFF i NEW FFIC Monthly unreserved $65 /mo -- $65/1110 Short term weckda)'s 8 can to5Pill Pet .5 $1.00 $1.00 Duly Maximum 58.00 (after 3.5 hours) $8.00 (atei 3.5 hours)_ _.. _ Enter Monday -I Ilday - -I RI h. 7 RFF after 5 pill Saturday (RI P. 1 RFF FREE Sunday _ Monthly Residential Monthly Late Fee I RI F $20 /m ! $5.00 per card S25.001mo 510.00 per carcl Parking Violations [ nlurc to DIspLr�alici I Ian tb ag $ 1000 S20.00 _ Parkmg in Reserved Spaec $ 10 00 S20 -00 Double Parkin Storage of Vehicle Failure to pay for Pa rig 1lmdicapped Parking Violation hnproper Disabled Placard Dis slay $ 10.00 $10.00 _ $20.00 _ _$12500 _ $25 00 520.00 S20,00 _ $20,00 $125.00 $25.00 Underpaid for Time Parked _ $10.00 $10.00 Additional late Payment fee of $15.00 will he charged for each violation not paid in Coll within? 15 calendar clays of the violation. All _Adlllim lratRe Collection 1_ee \% ill be IS,ued Oil all JCCoulltti set Ice c1l n 'S, and cl afioll9111 the alllourt or Sjtf_00 If the total all1011ltt doe IS collected ]LlbseL ucin to rhlllA'_ LO) or illole daNS after notice ocdelingucnt charges t)qU, nr nJudgment. Ott ('ode Section 2 -1 78.4) 12 I 7. The parking fees set forth herein will not be applicable to parking uIrccmenls that provide for a specific parking fee or other mclhod of payment fir a specified pe iod to lime unless otherwise provided for is such agreements or until such agreements expire ur arc Icrminuted, Not will such parking fees be applicable to Cm parking programs cscept as set firth In such programs. 13. The above mentioned New Pee Schedules for the indicated parking faci l dies .charges. and related matters shall be in full force and effect on and alter.luly I. 2017. 14, The City Malinger IS hereby authorised to issue such guidelines us the City Manager deems appropriate in order to implement_ administer, and enforce the fees and matters provided for in this Ordinance, including the establishment of eligibility requirements for obtaining a monthly Residential Parking Permit. 15, The Pee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27. 1995, effective as of that date, shall be amended by separate resolution to reflect the new fees to be charged at Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage. Market Garage, lower Garage, Flin"'ood Lot, higher Ed Center Lot. Market Lot, and Warehouse Row Lot. t6. Pursuantto the provisions of Section l2ofthe City Charter, thesecond readingofthis ordinance by title is dispensed with. AlTEST: Df-- y City Clerk. 13 May 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Resolution No. 40820- 051517 directing amendments of the fees and violations charged at the City -owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot, and amended certain fees for late payment or nonpayment of such parking fees, effective July 1, 2017. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017. Sincerely, 0,u< e`a''J- / Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J" Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget Debbie Moses, Hotel Roanoke Conference Center Director CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 S "I EPIIANIF M. MOON REYNOLDS, MMC jL 0' 140)853-n45 &mail : (54 rUO3 -1145 .Fav flll ('lerk CECELIA F. MCCOV DePmr City Clerk CECELIA T. WERB, CMC Assistant D,,,, CE, Clerk May 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Resolution No. 40820- 051517 directing amendments of the fees and violations charged at the City -owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot, and amended certain fees for late payment or nonpayment of such parking fees, effective July 1, 2017. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017. Sincerely, 0,u< e`a''J- / Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J" Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget Debbie Moses, Hotel Roanoke Conference Center Director ,l IN I I IF ('Of INC11. OF I I IL ('11 )'OF ROANORIi, VIRGINIA 'I'hc IS[h dny of Moy, 2017. No. 40820 - 051517. A RIiSOI,I I IION directing amendment of the ['cc Cumpend iunL and eslablishmgan cllecGec date. WI II?RIAS, Council of Ilie City of Roanoke adopted by Ordinance on May 15, 2017, amendments o the Ices and violations dmrged if the City owned and /or controlled parking facilities, namely: Campbell (iurage, Caller in the Squarc Uaragc. ('hutch AVenne Garage, Elmwood Park Ciaragc. Gainshoro Garage. Markel Garage. 'foyer Garage, Flmwood [,of, Higher lid Center Lot, Markel Lot. and Warehouse Row Lot and amended certain fees lin' late payment or nrnipaymenl of such parking ICCS; and WI FRFAS, the Ordinance established an elective dale ofsuchamendmentsas July 1 ,2017. 11 IFRGFORL, BF If RFSOI,VI'D by the Council of the City of Roanoke that: 1. The Pee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, eflective as of that date, shall be amended to reflect the new fees to be charged at Campbell Ciaragc, Center in the Square Garage, Church Avenue Garage, P.Imwood Park Garage, (iainsboro Garage, Market Garage, Towcr Garage, Flmwood Lot, Higher f?d Center Lot. Markel Lot. and Warehouse Row Lot, as described below. 2. '1 he current parking lies fill thc('amphcP forage as set ou l below shall he amended in accordance with the (ellowing new Icc schedule; Campbell Carage Nee Schedule MonthlY unrescrved Short tarn \ccckda)s _ 8amto4pill Per .5 hr D uIV Maximum Short tom weeknights _ 4Pmlo9Pill Saturday -_ Sunday Daily Farly Bird Special for weekdays Late Fee CURRENT FEE $40 /mo NEW FLEE s1s ma _ $L00 $1.00 $8.00 (after 3.5. hours). $8.00 (alter 3.5 hours) _ $ 00 $31.00 1 RL C [ Rlil IRI;J-- Enter before 9 am, as shown P'nler hell', e r 1111, (18 by the ticket for that day. and shoua by the lickel JorThal the parker pays the lesser of dap, and the parker pays the regular parking fees or the lesser oflhe i cgzdar $3.00 for that day. parkingjecs ar S-1.00 for . Thal da} '. 525.02'nm $5.00 per card S /0.00 ner card Failure to Display Valid Ilangtag $ 10.00_ _ -7--7 _ 520.0 _Parking in Reserved SPace $ J 0.00 _ 320.00 Double Parking $ 10.00 52000 Storage of Vchiele $ 10.00 �� cin nn Failure to pay fill-Parking I landicapped Parking, Violation Additional late payment fee of $15.00 calendar days of the violation. $125.00 $25.00 _ $25.00_ $10.00 $10.00 - - -- charged for each violation not paid in full within 5 I i An .Administrmicc ('ollcction Jcc �t ill he issued on all accounts. �cn ice chareca and vita( ions in tltc mmmllt of SlU Il(1 it the tut d eiawunt due is collected Suhsc(uent to Ihir .111-CIO) ur nunt lass aRcr 2 the current palling Ices for the ('enter in the Square Garage shall be amended in accordance ailh the following new Ice schedule: Center in the Square Garage Fee Schedule CURRENT FEE NEW FEE Monthly Ieseired $I05 /mo $105 /n,o Monthly unreserved $S5 /mo $S5 /mo Short term wcekdaps S at to 4pa, Per 5 hl $1_00 $1.00 D ulI Maximum $8(10(rltu 3.5. haws) $S 00(alter 3.5 hours) Short tun, Monday Thursday - - -- - - 4 pm to 9 pm $4 00 Il rt rate $4 00 flat i ate Short roam I iday 4 pm to 13 mn - -_ — _. _ _ (midnight) $4 00 flat rate $4.00 flat rate Smurday (except 4 pm to I � ; un-i - - - -- - rmdmght) I RI h FREE Short term Saturday _ -- __ ,m m,dni �ht 4 ri_to 1 (__�) $4 00 Il rt rate $a 00 flat rate h Sundt_ -__ -._ - - I Rl l - -- IF2L I? Mond,hl ate - $20 00 /mo - -- -- 00/nro {j l I-ce Miolati 1 ate 1 u _ $5.00 per card __S25 __ SJ0.00 per card Parkin Violations Failure to Display Valid Hangtag $ 10.00 520.00__ Parking in Reserved Space _ _ $ 10.00 _ _ 520.00 Double Parking _ _ _ _ $ 10.00 52-000_ Storage of Vehicle _ $ 1000 __ 520.00 Monthly parked on daily levels -- $ 10.00 _ S20.00 Failure to pay for Parking $20.00 $20.00 Handicapped Parking Violation_ _ $125.00 $125.00 Impro.er Disabled Placard Display $25.00 _ $25.00 Underpaid for'Time Parked $10.00 _ $10.00 —� Additional late payment fee of$15.00 will be charged too each violation notpaid in fall within ? I5 calendar days of the violation. - In Vdmini�lr rtnc (bl curon I'cc mll be issued pn ill accounts xrr i_cc_chai es. and citations in the amount of 1,(1.00 il' the total amount duc is collcctcd subscyuent (o thirtc 3(1 or more dais a n .,..:.,...ter d db,,.... _. �_— 3 I he current parking Ices lift the C'hwch ACCT nC Garage shall he ansndcd in accordance wish the following new Ibc schedule: Church Avenue Garage Fee Schedule CURRENT FEE NEW FEE Monthly unreserved $70/hno $70 /mo Shell [cim weekdays -- - - - 8 not to4flat Pei 5 hr $1.00 Daily MaSimnm $8.00 (after-3.5 hours) _ $8 00 (utu 3S_ hours) Short term weeknights � 4 pm to 9pm $3.00 flat rate $ 1.00 flat rue Satin day_ — - I RI I Sand ry 1 RI I -- — 1 RI I _ Monthly Residential $20 /mo S7100 nro Monthly Late Fee $5.00 ill cnrd 51(100pu cmd Parking Violations Failure to Display Valid llangtag $ 10;00 820.00 Parkin in Resen ed Space _ $ 10.0o 820._00 Double Parke -- � _ Storage of Vehicle $ 10.00 520.00 Monthly pal kcd on_daily Icv els- _ $ 10 00 _ 520.00 1 all LlrC LO }la} f01 Parkl _ $20.00 _ -$2000- I landicapped Parkin Vmlatioil _ $12500 _ $125.00 htyro5�sabled Placard Disp_fit $25 00 $25.00 Underpaid for Tune Parked $10.00 _ $10.00 Additional late payment fee of $15.00 will be charged for each violation not paid in full within 5 15 calendar days of the violation. An Adminislialk c ( ollectum I cc %\ if] he Iswcd on ed .rccouuls sup ice chal_es. and citations in the rnunun el S710 00_t l_he total amount due la colleu (I ubsec uent to Illirn Q)-or mom d res after IlUnce o del llit Chal cl IAIt Pricy to JL1 lmcnt (C ItA Cede section -1- 178.4) 'hhe current parking fees for the Hilmood Park Garage shall be amended in uceordauce with the lollawine new fee schedule F;Imwuntl Park Garage Fee Schedule CU1212H;MF FRI: NEW Fla, Monthly unresciscd $70 /nui $70/mo .Short term weckda_vs. -- - - -- - -- -- 8amto5pat Per .5 In $1 00 $1 00 Dvly M isinwm $8.00 (alter 15 hours) $8.00 (dlei ,.5 hours) Enter Monde I tiday after S pill FREE I RI I Sitwdty_ _ IRI h. 1411,11, _ Sunday Monthly Residential FRIG $20 /1110 _ _ _ FREE S25. 00 1mo Lit C111 din IRfl 1 00 rrr'ricnl Monthly Late Pee $5.00 per card 1 /0.0(7 per cord Parking Violations Failure to Display_Valid Han �tp. ag Parking in Rescived Sp icc _ Double Parking $ 10.00 _ $ 16.00 $ 70 00 520.00 510.00 - S20.00 -- _ Storiu,e of Vehicle $ 10.00 -_-- -- 520.00 Failure to pay for Parking $20.00 $20.00 [iandicapped Parking Violation $125.00 $125.00 nj ro er Disabled_ Placard Display $25.00 $25.00 Underpaid for Time Parked _ $10.00 _ $10.00 Additional late payment fee of $15.00 will be charged for each violation notpaid in full within> 1 5 calendar days ofthe violation. \n .ldmimstr,}tie c Collection I ec \i ill be )sued ou all accounts su i icu ch n es Lrod ciWt ons in the amnunl_ )I 510 00 i_t the total ammall due is Collected ,u_bsey9em to [hill, (30) m mole In after _ nouee gf delingUCnl ch u_c_ butln-ior to iudenu111 Cit h Code Scclion '- 178.41 G. "1 'he current parking Ices lot the Elmwood Eo1 shall be amended in accordance with the following new Ice schedule: Flmauud 1,01 Fee Schcdrdc I j CURR1 N P FFF. NEW FEE Monthy unreserved $55 /nw I $55 /mo Short term weekdays -- -- 5 am to5put Per In $1.00 $1.00 _ Daily Maximum MOO (alter 3.5 hours) $8,00 (alter 3.5 hours) Enter Monday-Friday Alta 5 pm FREE E 1 RL E Saturday 1,R1:E 1 Rlas FREE Sundaes FREE Monthly Residential $20 /nm S25 .00brm Monthly bate lee $5.00 per card Y/0 00 per card _ Lot Rental $150.00 $150 -00 Parking Violations _ Failure to Display Valid I lama ag $ 10.00 _ — 520.00 _ Parking Reserved Spice $ 1000 S20.e0 -- Double Parkaw, $ 1000 5'0.00 -S200-0-- KOM Stm� Vchrdc $1000 Failme to payer Parkm $20.00 red Parking Violation $125.00 $125.00 _Ilandrea Improper Disabled Placard DkElay $25.00 _ $25.00____ Underpaid for Time Parked $10A0 $10.00 Additional late payment feeof $15.00 will becharged for each violation not paid in full within 15 calendar days of the violation. An Adminisu'alk e (ullection Fee at ill be issued ern all accounts. serf ie: charges. nerd eltslions in the amount of 530.00 it the total ante u t duc is collected suhs yuant to tlrlrty (311) oil no e dnt s - d nucrt i(N ( ode Section' - 175.-1) after notice of delinc to t charges hW prior tol ( 7. The currant parking fees for the Gninsbom (Image shall be amended in uccordanee with the IoIIowing new fee ae Ile dnIC: Gain.sboro Garage Fee Schedule I Par to Display Valid Han tag_ C11121awl' f+P;E NEW FEE Monthly unreserved $45 /mo S50 ino Monthly student umc.scrvcd $22.50/mo S2500;nm Short term weekdays - 520.00 8amlo4put $ 10.00 Per .5 hr $.50 $.50 Daily Maximum $6.00 (a1Rr 5.5 hours) _.----------- $6.00 (after 5.5 hours) __ - -- -- - - - - - -- $3.00 Oat rate $3.00 flat one Improper Disabled Placard llis la � Note. A $1 discount Oft of Note: A $1 discount Oft ofthe $25.00 the evening rate will be made evening rate will be made Short tern weeknights available for Roanoke available for Roanoke Higher after notice of delinquent chat >is but Higher Fducalmn Center Hducahon Center students with 4 pro to 9 pat studen' with appropriate 1 appropriate student student documentation when documentation when presented presented to the attendant on to the attendant on duly. duty F FREE PREL' Saturday Sunday FRL Ir FREE M_ onthly Residential _ $20 /mo _ 525.00/mo Monthly Late Fee $5.00 per card S]0.00 per card Par to Display Valid Han tag_ __$10.00 520.00 -- Parkinlor g in 12eset vcd Space $ 10.00 520.00 Double Parking $ I o 00 520.00 Storage oL Vehicle $ 10.00 520.00 Failure to pay for Parkin $20.00 ILandicapped Perking Violation __ $125.00__ $125.00 Improper Disabled Placard llis la � _ $25.00 _ $25.00 Underpaid for Time Parked $10.00 $19.00 Additional late payment fee of $15.00 will be charged for each violation not paid in full within 15 calendar days of the violation. )AIt A,chuinistr.nneC'ollouion Fee s� ii l l he issued on al I- aceouu(_, su\l -eg chu Ca_gnd,citatio�is -in the amount of 530.00 if the total anwum due is Collected sibs' em to 111i n 00) or more da's after notice of delinquent chat >is but Ixior io a -.173T) t 7 8. The current poking tees Ilrr the I ligher lid Center Lot shall be amended in accordance with the tolluwin!! new tee schedule: Higher Ed Center Lot Fee Schedule Underpaid for Time Parked 1 $10.00 1 $10.00 Additional late payment fee of $1 5.00 will he charged for each violation not paid in full within 5 15 calendar days of the violation. \n iAclminisoaice (collection Fee \s ill he issued on till accounts SciVice chat ucs. and citations in the amuunr ul S20,00 it the total amount chic is toll tied suhsv cent to thim ( i0) nr moic class alter notice of dcfiiJuun ch mcq¢ut jima tejud mmnt. (-Grits Code Section? - 178.4) 8 CURRENT FEE NEW Fba? Monthly umatvrrrcd $45huo Ili SsoIno - - -� Monlhlp Student unrcscracd $2250 /mo S25,00'nm Short term weekdays 8amto4pro Per .5 In $.50 $.50 D sets Maximum $6.00 (alter 5.5 hours) $6.00 (after 55 hours) Short to in weeknights $3.00 flat rate $100 flat rate 4 pin to 9 pre FREE Saturday IRFE Sunday_ FREE E I RIT Monthly Residential _ $20hno S2a.00'mo _ 570.00 per card Monthly Late Fee $5.00 Per card Parking Violations Failure to Display Valid I langta�_ $ 10.00 $ 10,00 $20.00 _ Parkin in Reserved Space S20.00 Double Parking _ $ 1000 _ 52000 Storage of Vehicle $10.00 S20, 00 Failure to pay toe 1'arkmg _ $20.00 $20.00 I Flandicappcd Patk ig Vrolamn $125.00 $125.00 Imnrnner Disabled Placard Drsnlav $25.00011 $25.00 Underpaid for Time Parked 1 $10.00 1 $10.00 Additional late payment fee of $1 5.00 will he charged for each violation not paid in full within 5 15 calendar days of the violation. \n iAclminisoaice (collection Fee \s ill he issued on till accounts SciVice chat ucs. and citations in the amuunr ul S20,00 it the total amount chic is toll tied suhsv cent to thim ( i0) nr moic class alter notice of dcfiiJuun ch mcq¢ut jima tejud mmnt. (-Grits Code Section? - 178.4) 8 9. The current pin king fees Ibr the Market Gurage shall be tunended in accordance with the lulluwing ncty fee schedule: Market (:image Fee Schedule Violations in Reserved Parking of Vehicle to $ 10.00 ('1112REAT FFF RTsW FRI? Monthly unrescrved $7Uhno $70 /mo Monthly reserved $90 /mo $90/1no Short term ,vcckda),s 8mnto4pin Pei .5 In .$1.00 $1.00 Daily Maximum $8.00 (alter 33.5 hours) $8.00 (titer 3.5 hours) Shin at term weeknights 41rm to 9 pm 53 NO Ildl fin, Evening Rate (4 par to 2 am) FREE S3.00 /lit rate Overnight Rate (2 am to 8 am) F RCl? S3 00 /lit rate Saturday (except 4 pm to 9 pm) - T FREE 4 I'm 111 9 pm 53.(1(1 Hill rare 8 am to 2 am S3 00 flat rate 2 am to 8 am S3,00 flat rate Sunday 8 am to 2 am FRIT, S3.00,flat rate 2 am to 8 am _ 53.00J1al rate Months Residential $20 /mo S25.00 /mo Monthly Late Fee $5.00 Der card 510.00 Per cord Violations in Reserved Parking of Vehicle to $ 10.00 520.00 $$ 10.0_ 520.00 $ 10.00 S20.00 $ 10.00 520.00 Improper Disabled Placard Display $25.00 $25.00 Underpaid for Time Parked $10.00 $10.00 Additional late payment fee of$15.00 will be charged for each violation not paid in full within i I_> calendar days of the violation. An Administrative Coll won I eg gill he issued (111 .11 1 aeanmrti sen ice char es, and cilal (ns in the alrount ofS30.00 if the total amount duo is collected subscuuent to (butt -LO) gr more das_ uRer notice of dclinuuent charges but 32ror. to juchment tCie1 Curie Section ?- 178.4) 9 10 The current ru king Ices fbr the M;okct Lot shal l he amended in accordance with the lodowinn nevv fee schedule: Market [,(it Fee Schedule CURIZFN I FEF I NFW FEE Monthly umcso VCd $75 /mo j $75 /mo Shon term weekdays l Parking in Reserved Space 8amlo4 pin Double Parking Per .5 In $1 J)0 $1.00 Daily Maximum $8.00 (allot 3 .S hours) $8.00 (alley 3_5 hours)_ Shoo term weckmgIns $3,00 Ilat late $3,00 Flat rate 4 pill to 9 pill $125.00 Sawiday (ceccpt a pm to 9 pin) I R1:F I RI�I.;.. Short term Saturday $25.00 4Pal to 9 pill $1_.00 flat rate $3.00 flat rate Sunday I Rl1 11 FR Lunch Rte Monday Friday $1 00 $1.00 11:30 a.m. to 1:30 p nn Monthly Residential $20/no 525.001mo Monthly Iate Fee $5.00 per card 570.90 per Card Parkine Violations Failure to Display Valid I lanptal _ $ 10.00 520.00 S2000 Parking in Reserved Space _ $ 10.00 Double Parking $1000 520.00 Storage oC Vehicle _ Failure to pay for Parking _ $20.00 $20.00 Handicapped Parking Violation $125.00 $125.00 Improper Disabled Placard Display _ $25.00 $25A0 Underpaid for Timc Parked $10.00 $10.00 Additional late payment fee of $15.00 Nil l be charged for each violation not paid in fill] within > I calendar days of the violation. All �Admintstl.iticc Collection l cc vvIII be issucIl on .1I1 accounts ue_ee chLu C s. and cftat_onn in die aloonllt of Sit) 00 if tile tottll a111OL1111 dt1C 19 COI CCted StlhSCCtLleot t0 thlNV( )) ol; _I11OIe daA_�' Lllgr notice of del lngllellt chat "" but prior to iuch'mcnt. (( ih Code Section 2- 178.4) 10 1 1. The current pan king Fees for the Tower Garage shall be amended in accordance with the following new fee schedule: 'Pmver Garage Fee Schedule Additional late payment tee of $15.00 will be charged for each violation not paid in bill within 5 I calendar days of the violation. \n Vdufinnn au r ('('Notion I -cc %� ill he suyti o n_ accoula . alld cinttinu> in the amour( of S30.00 the tot:d _amount due ie culleeted suhscqueln w days allel notice nl clelinuuent cyt,_I_es but hrinr to iud:!ntenl. (Cite Code Seelion 2- 178.4) CURRENT FEE NEW FEE Monthly reserved $90/1110 $70 /mo $90/1110 $70 /mo - -- - -- Monthly umrservcd Short teem weekdays 8 atn to 4 pin Pei .5 hr $1.00 $1.00 Daily Maximum _$8.00 (after3.5 hours) $8.00 (after 3.5 hours) - Short term weeknights 4 pm to 9 pm $3.00 Ilal rate 1 $3.00 flat rate Saturday (except 4 pm to 9 pm TREE FREE Short tent Samiday 4 pin to 9 pin $3.00 Flat rate $3.00 flat rate Sunday _ FREF. -- FRF.F. - Monthly Residential _ $20 /mo S25.00hno Monthly Late Fee _ _ $5.00 per card 510.00 per card Parking Violations Failure to Display Valid Ilan na t -- _ $ 10.00 - - - S20.00 Parkin in Reserved Space 10.00_ - S20.00 Double Parking $ 10.00 520.00 Storage of Vehicle $ 10 00 520.00 Monthly parked on daily levels _ _$ 10.00 S20.00 Fadure to pay Im Parke $20.00 $20.00 Harder ed Parking Vtolatton 4 Improper Disabled Placard Dis lay _ $125.00 $25.00 � -- _ $125.00 $25.00 Onderpaid for Time Parked $10.00 $10.00 Additional late payment tee of $15.00 will be charged for each violation not paid in bill within 5 I calendar days of the violation. \n Vdufinnn au r ('('Notion I -cc %� ill he suyti o n_ accoula . alld cinttinu> in the amour( of S30.00 the tot:d _amount due ie culleeted suhscqueln w days allel notice nl clelinuuent cyt,_I_es but hrinr to iud:!ntenl. (Cite Code Seelion 2- 178.4) 12. The curicnt parking Ices for the Warehouse Rove I' or shall be amended in accordance with the following new fee .schedule: Warelmuse Row Lot Fee Schedule 12 CURRENT FEE, NEW FEE. Monthly unreserved $65 /mu -� $OS /nlo _.Short term weekdays 8amto5Pan I Pei 5 h $100 $100 Daily Maximum $8.00 (alter 15 horns) FRFEI $8.00 (altu-3.5 hours) IREP: _ Fntci Monday I liday alter 5 pal _ FREE, F FREE S2tmday Sunday _ _ _ FREE R $20 /mo $5.00 per card Monthly S'5'w0 o _ 570.00 per earl —Residential Mmrihly Late Fee Parking Violations Failure to Display Valid htn"g,_ $ 10.00 S20.00 Parking in Reserved Sp1ee __ __ Double Parking $ 10.00 520.00 $ 10.00 520.00 Storage of Vehicle 52000 _ Failure to pay for Parkin $20.00 $20.00 Handicayped Parking Violation Hand— — $125.00 _ $125.00 Improper Disabled Placard Display $25.00 _ — $25.00 Underpaid for Time Parked $10.00 $10.00 Additional late payment fee of $15.00 wi I I be charged fm' each violation not paid in frill within ? I calendar days ofthe violation. An Adnlinistrutive Collection Fcr «ill be i>sucd on all aannaiLs. scry ice choices. and eitztions in the amount of lit) 00 it the Iota_amount due ii eollectcd Subsequent to thutA A_30) _or all Ie_daAs Ito nonce of—delinquent C11,11 -e, hur pnlol'tojud bleat (( nv '(-ode Section �- I78-A-) 12 13. Hie above mentioned New Fee Schedules Roc the indicated packing{acilitics. charges, and related matters will be ellective .July 1, 2017. AT ITS "I : DePk +y City Clerk. 13 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Amendments to Parking Fees and Violations Background: The recommended Fiscal Year 2017 -18 budget includes adjustments to current parking fees and violations charged at the City owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot. Council will consider adopting an ordinance to amend and restate the parking fees and violations for all of the City's parking facilities. Council will consider a separate resolution amending and restating the City's Fee Compendium (fee and rate schedule) with respect to parking fees and violations to reflect the parking fee adjustments, effective July 1, 2017. Parking Fee Rate Adjustments: Fee Title Current Fee /Rate Proposed Fee /Rate Residential parking rate increase $20 /month $25 /month Parking rate at Campbell Garage $40 /month $45 /month Parking rate at Gainsboro Garage and Higher Ed Center Lot $45 /month $50 /month Event parking at Elmwood Park Garage N/A $3 Early Bird daily rate parking special at Campbell Garage $3 $4 Off - Street parking fines $10 $20 Monthly parking late payment fees $5 $10 Recommended Action Adopt the attached ordinance effective July 1, 2017, amending and restating the fees and violations charged at the City owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot; providing for an amendment of certain fees for late payment or nonpayment of such parking fees; and authorizing the City Manager to issue guidelines to implement, administer, and enforce such fees. Adopt the attached resolution to amend the Fee Compendium to reflect these amendments and restatement. - iv - ----- � R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk Debbie Moses, Parking Administrator Amelia C. Merchant, Director of Management and Budget May 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Budget Ordinance No. 40821 - 051517 adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Risk Management, School General, School Food Services, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for fiscal year beginning July 1, 2017, and ending June 30, 2018. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Dwayne D'ardenne, Stormwater Manager Robyn Schon, General Manager, The Berglund Center Debbie Moses, Hotel Roanoke and Conference Center Director Jackie Clewis, Risk Manager Keith Holland, Community Resources Program Administrator Tim Jones, Police Chief CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -1541 Fax: (541)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail elerk(alroanokevn.gov CECELIA F. MCCOY ('il) Clerk Depuy City Clerk CECELIA T. WEBB, CMC Assistant Deputy Cue Clerk May 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Budget Ordinance No. 40821 - 051517 adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Risk Management, School General, School Food Services, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for fiscal year beginning July 1, 2017, and ending June 30, 2018. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Dwayne D'ardenne, Stormwater Manager Robyn Schon, General Manager, The Berglund Center Debbie Moses, Hotel Roanoke and Conference Center Director Jackie Clewis, Risk Manager Keith Holland, Community Resources Program Administrator Tim Jones, Police Chief I'Y't j IN 'Il Ili COI INCII. OF TI IF, CITY 017 ROANOKIE, VIRGINIA The 15th day of May, 2017. No. 40821- 051517, AN ORDINANCE adopting the annual Gcncral, Stormwatcr Utility, Civic Facilities, Parking, Risk Management, School Gcncral, School Food Services, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke I'm the fiscal year beginning July I, 2017, and ending June 30, 2018; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council ofthc City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General, Stormwatcr Utility, Civic Facilities, Parking, Risk Management, School General, School Food Services and Grant Funds, and State Asset Sharing Program in the fiscal year beginning July 1, 2017, and ending June 30, 2018, shall constitute General, Stormwater Utility, Civic Facilities, Parking, Risk Management, School General, School Food Services, Grant Funds, and State Asset Sharing Program, and that as much of the sarne as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to -wit: General Fund Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Revenue - State & Federal Charges for Current Services Solid Waste Fee Miscellaneous Total Revenues Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney Cost Collections Unit City Council Mayor Lea Vice -Mayor Price Council Member Trinkle Council Member Bestpitch Council Member Garland Council Member Dykstra Council Member Ferris $2,985,112 14,423,025 $1,768,166 90,048 $235,449 4,481 6,456 1,900 1,900 2,498 2,498 ----i-9-00 $116,013,000 77,969,000 911,000 1,027,000 216,000 72,300,000 12,410,000 1,300,000 ____i639,00 $282,785,000 $1,775,430 1,586,930 1,042,303 56,453 3,745 86,143 552,674 1,376,346 17,408,137 1,858,214 257,082 City Attorney City Clerk 1,007,833 Municipal Auditing 462,741 769,705 Department of Finance $2,120,612 Real Estate Valuation 1,161,654 Board of Equalization 11,304 - -. 3,293,570 Residual Fringe Benefits Transfers to School Fund 3,942,273 Transfers to Greater Roanoke Transit Company 79,592,200 Transfers to Debt Service Fund 1,899,605 Transfer to Other Funds 13,355,400 Funding for Reserves 3,839,324 Electoral Board 1,125,000 Office of Communications 420,380 Citizen Engagement 345,023 City Manager 112,162 Roanoke Arts Commission 967,938 Economic Development 340,000 Memberships and Affiliations 2,665,495 Personnel Lapse 3,291,683 Contingency (2,258,637) Solid Waste Fee 1,586,742 Department of Management and Budget 1,300,000 625,365 Human Resources $1,358,840 Employee Health Services 914,684 2,273,524 E911 Center $2,075,698 E911 Wireless 618,076 2,693,774 Director of General Services and Sustainability $220,850 Purchasing 448,868 669,718 Building Maintenance $4,607,037 Custodial Services 695,603 5,302,640 Fire Administration $1,135,162 Fire Support 1,075,943 Fire Operations 18,188,706 Emergency Management 1,434,021 108,915 20,508,726 Director of Public Works $166,946 Solid Waste Management 5,590,294 Transportation - Streets and Traffic 3,380,803 Transportation - Paving 4,139,924 Transportation - Snow Removal 228,033 Transportation - Street Lighting 1,099,084 Transportation - Engineering & Operations 1,790,673 Environmental Management 421,039 Engineering 1,402,956 18,219,752 Planning and Development $1,397,571 Building Inspections 894,138 Neighborhood Support 113,335 Neighborhood Services 1,137,770 VJCCCA Enhance Community Services 3,542,814 Parks $2,507,326 Parks & Recreation Administration 1,241,724 Recreation 1,434,021 Community Recreation Park Programming 7,300 Outdoor Education 1,000 Sponsorships and Development 69,602 Athletics 33,000 64,929 5,358,902 Social Services 25,740,758 Youth Haven $444,460 VJCCCA Enhance Community Services 46,041 VJCCCA Substance Abuse Services 60,126 Outreach Detention 335,994 — 886,621 Health Department Mental Health 1,555,792 Human Services Advisory Board 458,150 Comprehensive Services Act (CSA) 430,000 10,839,036 Police Administration Police Investigation $1,978,671 Police Patrol 2,971,105 Police Services 12,082,203 Police Training 2,248,049 Police Animal Control 790,850 1,352,814 21,423,692 Libraries Law Library $3749,402 Virginia Cooperative Extension 129,668 _ 80,407 3,959,477 Technology Operating $4,493,751 Technology Capital Outlay Radio Technology Operating 1,050,000 Fleet Operating 598,491 Fleet Capital Outlay 4,040,890 Risk Management Operating 3,000,569 Total Appropriations 1,050,664 14,234,365 $282,785,000 Stormwater Utility Fqnd Revenues Operating Total Revenues $5,796,650 $5,796,650 Anprooriations Operating Debt Service $5,200,314 Total Appropriations $596,336 $5,796,650 civic Facilities Fund Revenues $168,924 Non - Operating 323,678 Total Revenues — X0,067 Church Avenue Garage $2,280,067 Appropriations 473,652 Operating Expenses 314,706 Debt Service $591,261 Total Appropriations 1,688,806 Warehouse Row Lot $2,280,067 Parking Fund 20,550 Revenues 38,040 Operating 400,228 Total Revenues $3,675,000 $3,675,000 Appropriations Campbell Garage Market Garage $168,924 Elmwood Park Garage 323,678 Center in the Square Garage 126,523 Church Avenue Garage 275,971 Tower Garage 473,652 Gainsboro Garage 314,706 Market Lot 210,051 Elmwood Lot 15,850 Warehouse Row Lot 31,500 Higher Ed Center Lot 20,550 Operating 38,040 Debt Service 400,228 Total Appropriations 1,275 327 $3,675,000 Risk Management Fund Revenues Operating $140,784 Total Revenues $17,553,161 Regional Drug Prosecutor $17,553,161 Appropriations $55,078 Risk Management - Other Expenses 40,386 Total Appropriations $17,553,161 $17,553 161 School General Fund Revenues $173,873,359 Appropriations $173,873,359 School Food Services Fund Revenues $9,171,955 Appropriations Grant Fund $9,171,955 Revenues Total Revenues $140,784 Appropriations Regional Drug Prosecutor Victim Witness $55,078 Homeless Assistance Team 40,386 Total Appropriations 45,320 $140,784 State Asset Sharing Program Revenues State Asset Forfeiture Total Revenues Appropriations $45,000 $45,000 Law Enforcement Expenditures $45,000 Total Appropriations $45,000 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. 3. That the Director of Finance be, and she is hereby authorized and directed to transfer between accounts such appropriations and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 4. That funding for all outstanding encumbrances, at June 30, 2017, are re- appropriated to the 2017 -18 fiscal year to the same department and account for which they are encumbered in the 2016-17 fiscal year. S. That this ordinance shall be known and cited as the 2017 -18 General, Stormwater Utility, Civic Facilities, Parking, Risk Management, School General, School Food Services, Grant Funds, and State Asset Sharing Program Appropriation Ordinance. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: O.ef1-Qta- '� 7 1/,rt�/ Cej Ikr'17 City Clerk. 8 o� o`� L CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Cluurh Avenue, S. W., Room 456 10anoke,Virginiu 24011 -1536 'Telephone: (5411)853 -2541 Pan (5411)0.53 -1145 SI'EPIIANIF M. MOON RFVNOLDS, MM( F -mp0: clerk(n:romtpkeex.4pv CFCF.LIAF.MCCOV ('i,, ('leek Depnl2' ('ily Clerk CECELIA T. WEBB, CMC Aes ,enrf Deputy City Clerk May 17, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of Resolution No. 40822- 051517 endorsing the update to the Capital Improvement Program for Fiscal Years 2018 - 2022 in the recommended amount totaling $192,681,544.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, (?(-.-; � � °� Cecelia F. McCoy Deputy City Clerk Attachment c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget ��K . IN THE COUNCIL OF THE CITY OFROANOKE, VIRGINIA, The 15th day of May, 2017. No. 40822- 051517. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the Acting City Manager in the City Council Agenda Report of May 15, 2017. WHEREAS, by City Council Agenda Report of May 15, 2017, the Acting City Manager has presented an update to the City's Five -Year Capital Improvement Program For Fiscal Years 2018 -2022 in the recommended amount totaling $192,681,544; WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council acrd actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the Acting City Manager for a certain update to the Five -Year Capital Improvement Program for the City of Roanoke for Fiscal Years 2018 -2022, and the related funding recommendations, as set out in the City Council Agenda Report dated May 15, 2017. ATTEST: CyG,,QLeL % '?C j:�pm4y City Clerk, K.\Measnres \Yearly Measures\2017 \oaptiel iniprovemenl program 2018- 21doc March 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: CECELIA T. W EBB, CMC Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 40823 - 051517 appropriating funding for the Fiscal Years 2018 — 2022 update to the City's Five -Year Capital Improvement Program; and amending and reordaining certain sections of the 2017 — 2018 General Fund and Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, 0,xJ- `MO-�, Cecelia F. McCoy Deputy City Clerk Attachment R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget L to CITY OF ROANOKE OFFICE OF THE CITY CLERK — 215 Chnrch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'felep Lone: (540)A53 -2541 Fnx: (540) 853 -1145 SFEPIIANIE M. MOON REYNOLDS, MMC E-mail: elerkp /cpaookeva.apv CECELIA F. MCCOY ('it, ('ICrk Deputy City Clerk March 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: CECELIA T. W EBB, CMC Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 40823 - 051517 appropriating funding for the Fiscal Years 2018 — 2022 update to the City's Five -Year Capital Improvement Program; and amending and reordaining certain sections of the 2017 — 2018 General Fund and Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, 0,xJ- `MO-�, Cecelia F. McCoy Deputy City Clerk Attachment R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of Mmy, 2017. No. 40827- 051517. AN ORDINANCE to appropriate funding for the FY 2018 -2022 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2017- 2018 General, 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 2017 -2018 General, Capital Projects, and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from General Revenue 08- 300 - 9612 -9003 $ 100,000 Appropriated from General Revenue 08- 300 - 9613 -9003 100,000 Appropriated from Federal Funds 08- 530 - 9499 -9002 1,514,280 Appropriated from State Funds 08- 530 - 9499 -9007 650,000 Appropriated from General Revenue 08- 530 - 9552 -9003 418,686 Contingency 08- 530 - 9575 -9220 537,686 Appropriated from General Revenue 08- 610 - 9647 -9003 62,500 Appropriated from General Revenue 08- 610 - 9929 -9003 50,400 Revenues Transferfrom General Fund 08- 110 - 1234 -1037 1,269,272 U.S.— Econ Dev Admin Funds 08- 530 - 9499 -9499 1,514,280 VDOT — Econ Dev Access Funds 08- 530 - 9499 -9500 650,000 Grant Fund Appropriations Local Match Funding for Grants 35- 300 - 9700 -5415 100,000 Revenues Transfer from General Fund 35- 300 - 9700 -5207 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: OZU'ItX J- 7'ne01-p DAP m City Clerk. oti`t4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Capital Improvement Program Update FY 2018 -2022 (CM17- 00041) Background: The Capital Improvement Program (CIP) for Fiscal Years 2018 -2022 is a plan recommended for approval by City Council for anticipated capital project expenditures to be incurred over the next five years and is a revision of the Fiscal Years 2017 -2021 plan. Considerations: As part of the financial planning /budget development process City Council was briefed on projects to be funded through additional bond issuance and cash. The total Capital Improvement Program for Fiscal Years 2018 -2022 is comprised of capital projects with estimated expenditures of $192,681,544 as outlined in Attachment A. Council authorization of debt issuance is required for planned issuance each fiscal year and is requested through a separate report at a Council meeting after the adoption of the CIP Update to ensure that the public hearing notices are published in accordance with code requirements. Subject to Council approval, the public hearing will be held on June 19, 2017, at 7:00 p.m. The CIP anticipates debt issuance each year as outlined below FY 2018 • School Facility Maintenance and Improvements $12,700,000 • Library Master Plan 4,1 56,000 • Parks and Recreation Master Plan 2,500,000 • Berglund Center Improvements 1,000,000 • Stormwater Management 2,000,000 • Curb, Gutter and Sidewalk Program 1,500,000 • Fire Facility Master Plan 375,000 • Fire /EMS Airpacks 1,400,000 • Street Improvements 700,000 • RCIT Improvements 600,000 • Fleet Capital Replacements 3,500,000 • Technology Capital 1,775 000 Total: $32,206,000 FY 2019 • School Facility Maintenance and Improvements $12,700,000 • Library Master Plan 670,000 • Parks and Recreation Master Plan 2,500,000 • Civic (Berglund) Center Improvements 1,500,000 • Stormwater Management 2,000,000 • Curb, Gutter and Sidewalk Program 1,500,000 • Streetscape Improvements 500,000 • Fire Facility Master Plan 5,025,000 • 911 Center 7,500,000 • RCIT Improvements 900,000 • Fleet Capital Replacements 1,700,000 • Technology Capital 2,160,000 Total: $38,655,000 FY 2020 • School Facility Maintenance and Improvements $5,000,000 • Library Master Plan 500,000 • Parks and Recreation Master Plan 1,000,000 • Civic (Berglund) Center Improvements 1,500,000 • Stormwater Management 2,000,000 • Curb, Gutter and Sidewalk Program 1,500,000 • Streetscape Improvements 500,000 • Fleet Capital Replacements 1,600,000 • Technology Capital 1,545,000 Total: $15,145,000 FY 2021 • School Facility Maintenance and Improvements $5,000,000 • Bridge Renovation 11,000,000 • Library Master Plan 5,310,000 • Parks and Recreation Master Plan 1,000,000 • Civic (Berglund) Center Improvements 1,500,000 • Stormwater Management 2,000,000 • Curb, Gutter and Sidewalk Program 1,500,000 • Streetscape Improvements 500,000 • Fleet Capital Replacements 600,000 Total: $28,410,000 FY 2022 • School Facility Maintenance and Improvements $5,000,000 • Bridge Renovation 11,000,000 • Library Master Plan 2,399,000 • Parks and Recreation Master Plan 1,000,000 • Civic (Berglund) Center Improvements 1,500,000 • Stormwater Management 2,000,000 • Curb, Gutter and Sidewalk Program 1,500,000 • Streetscape Improvements 500,000 • Fire Facility Master Plan 645,000 • Passenger Rail 2,500,000 • Fleet Capital Replacements 600.000 Total: $28,644,000 Funding budgeted for debt service is based on the capital project planning model. Budgeted debt service funding not needed until bonds are issued and debt service payments begin is used to cash fund selected projects or for a specific purpose. Funding in the amount of $418,686 is included in the Transfer to Capital Projects Fund for Bridge Maintenance Projects and may be appropriated to project accounts for FY 2018. During the budget development process, Council was advised of the recommended use of one time funding for the following: • Virginia Museum of Transportation (fifth installment of capital contribution) • Jefferson Center (fifth installment of capital contribution) • Arts Endowment • Capital Project Contingency • Percent for Art • Local Match Funding for Grants 100,000 100,000 62,500 537,686 50,400 100,000 Total: $ 950,586 It is also necessary at this time to appropriate funding relating to the United States Economic Development Administration Public Works and Economic Development Facilities Grant relating to roadway construction along Blue Hills Drive. These grants were accepted and approved but not appropriated by Council Resolutions 40763- 022117 and 40764 - 022117. Bond funds approved by this report provide the necessary match. Recommended Action: Approve a resolution endorsing the update to the CIP. Appropriate $418,686 included in the FY 2018 Transfer to Capital Projects Fund Account and $950,586 included in the FY 2018 Transfer to Other Funds unit to the respective accounts established by the Director of Finance for the following projects: • Bridge Maintenance $418,686 • Virginia Museum of Transportation 100,000 • Jefferson Center Foundation 100,000 • Arts Endowment 62,500 • Capital Project Contingency 537,686 • Percent for Art 50,400 • Local Match for Grants 100,000 Adopt the accompanying budget ordinance to establish a revenue estimate for Federal funds of $1,514,280 from the United States Economic Development Administration and State funds of $650,000 from the Virginia Department of Transportation Economic Development Access Fund. Accounts to be established by the Director of Finance. R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, Roanoke City Public Schools Kristine Flynn, Bond Counsel, Hawkins Delafield & Wood LLP Kevin Rotty, Managing Director, Public Financial Management Inc. Robyn Schon, Global Spectrum General Manager, The Berglund Center Barbara A. Dameron, Director of Finance Economic Development: Ads and Cultural Capital Contributions Roanoke Centre for Industry and Technology Improvements TOTAL - Economic Development FirerEMS Fire/EMS Airpacks TOTAL - Firi Fleet Capital Replacement Fleet Capital Replacement TOTAL - Fleet Capital Replacement Parks Parks and Recreation Master Plan TOTAL - Parks Schools School Improvements TOTAL - Schools Storm Drains Neighborhood Storm Drain Program TOTAL - Storm Drains Streets, Sidewalks and Bridges: Bridge Renovation /Replacement Program Curb, Gutter and Sidewalk Program Passenger Rail Infrastructure Street Improvement Projects Streetscape Project Improvements TOTAL - Streets, Sidewalks and Bridges $ 341,570 $ - $ 341,570 $ 623,300 $ 3,041,256 $ 3,664,556 $ 964,870 ro�ec d '- `1i4j,,00CategorylDescription 4,006,116 FY2018 FY H19-22 apenses Buildings: $ 1,400,000 $ - $ 1,400,000 911 Center $ 603,922 $ 8,525,946 $ 9,129,868 Fire Facility Master Plan $ 375,000 $ 5,670,000 $ 6,045,000 Library Master Plan $ 5,369,979 $ 8,888,750 $ 14,258,729 TOTAL - Buildings $ 6,348,901 $ 23,084,696 $ 29,433,597 Economic Development: Ads and Cultural Capital Contributions Roanoke Centre for Industry and Technology Improvements TOTAL - Economic Development FirerEMS Fire/EMS Airpacks TOTAL - Firi Fleet Capital Replacement Fleet Capital Replacement TOTAL - Fleet Capital Replacement Parks Parks and Recreation Master Plan TOTAL - Parks Schools School Improvements TOTAL - Schools Storm Drains Neighborhood Storm Drain Program TOTAL - Storm Drains Streets, Sidewalks and Bridges: Bridge Renovation /Replacement Program Curb, Gutter and Sidewalk Program Passenger Rail Infrastructure Street Improvement Projects Streetscape Project Improvements TOTAL - Streets, Sidewalks and Bridges $ 341,570 $ - $ 341,570 $ 623,300 $ 3,041,256 $ 3,664,556 $ 964,870 $ 3,041,256 $ 4,006,116 $ 1,400,000 $ - $ 1,400,000 $ 1,400,000 $ - $ 1,400,000 $ 3,500,000 $ 4,500,000 $ 8,000,000 $ 3,500,000 $ 4,500,000 $ 8,000,000 $ 7,070,174 $ 15,283,992 $ 22,354,166 $ 7,070,174 $ 15,283,992 $ 22,354,166 $ 12,700,000 $ 27,700,000 $ 40,400,000 $ 12,700,000 $ 27,700,000 $ 40,400,000 $ 3,527,000 $ 12,951,379 $ 16,478,379 $ 3,527,000 $ 12,951,379 $ 16,478,379 $ 9,055,717 $ 30,481,264 $ 39,536,981 $ 2,474,219 $ 6,000,000 $ 8,474,219 $ 944,767 $ 4,525,971 $ 5,470,738 $ 9,197,466 $ 1,046,489 $ 10,243,955 $ 500,000 $ 1,500,000 $ 2,000,000 $ 22,172,169 $ 43,553,724 $ 65,725,893 `.:Total VrolardadC .. YroiectCatagorylDescription (continued) FY2018 IFY2019.22 Upenses Technology Improvements Technology Improvements $ 1,621,775 $ 4,211,150 $ 5,832,925 TOTAL - Technology Improvements $ 1,621,775 $ 4,211,150 $ 5,832,925 Berglund Center Fund Berglund Center Renovations S 1,050,458 $ 6,000,000 $ 7,050,458 TOTAL - Berglund Center Fund $ 1,050,458 $ 6,000,000 $ 7,050,458 GRAND TOTAL - All Funds $ 56,855,347 $ 135,826,197 $ 192,681,544 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 'I'elepkone: (540)853 -2541 Fax: (540)853 -1145 S'1 LP11ANIE M. MOON REYNOLDS, MM( E -mall: rlerk(al.... okevn.yov CECELIA F. MCCOY ('ity ('1". k Depnly City Clerk CECELIA T. WEBB, CMC A,A0. t Deput,, City Clerk March 17, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Budget Ordinance No. 40824 - 051517 appropriating funding from the Economic and Community Development Reserve for the Enterprise Zone Projects; and amending and reordaining certain sections of the 2017 -2018 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, C-ecd? ° Cecelia F. McCoy Deputy City Clerk Attachment c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Management and Budget Wayne Bowers, Economic Development Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of May, 2017. No. 40824 -051517. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2017 -2018 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 Capital Projects 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 Appropriated from General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated 08- 310 - 9100 -9003 $ 25,000 08- 310 - 9101 -9003 25,000 08- 310 - 9105 -9003 150,000 08 -3365 (200,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 7X 67 lie City Clerk. d OF G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Appropriation of FY 18 Funds for Enterprise Zone (CM 17 -0038) Background: A revised Virginia Enterprise Zone program was established by the General Assembly in 2005 through the Virginia Enterprise Zone Act. An Enterprise Zone is a geographically defined area designated by the Governor. The state and local government entered into a partnership to encourage business expansion and recruitment by offering both state and local incentives. The City of Roanoke has one zone; Zone One A. Considerations: A requirement of designation is that the City of Roanoke offers certain local incentives. These incentives were set forth in the original application and subsequent amendments approved by City Council. In order for the City of Roanoke to continue to offer the local incentives as set forth in the designation application and subsequent amendments, an annual appropriation of funds is needed. Based on funds remaining from previous appropriations, additional funding in the amount of $200,000 has been identified to provide for grants and rebates through the following programs anticipated for Fiscal Year 2017- 2018 -- fa4ade grants; building permit and comprehensive development plan review fees rebates; water, fire, sewer hookup fees grants; fire suppression retrofit grants and fire hookup grants; and business security grants. The building fa4ade improvement program continues to be a very popular and useful tool in Enterprise Zone One A. To date in FY 17, a total of $94,215 in fa4ade grant awards has resulted in leveraging approximately $309,210 in building facade improvements. In many cases, these facade improvements are a part of the overall building rehabilitation projects, which result in significant real property investment. Recommended Action: Adopt the accompanying budget ordinance appropriating $200,000 from the Economic and Community Development Reserve to the various grant and rebate programs outlined for the Enterprise Zone programs into accounts established by the Director of Finance. z� R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget Wayne Bowers, Director of Economic Development Robert Ledger, Economic Development Manager May 17, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of Resolution No. 40825- 051517 approving the 2017 -2018 Annual Update to the 2015 - 2019 Consolidated Plan and authorizing the Acting City Manager, or the Acting City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update, subject to approval as to form by the City Attorney. The abovereferenced measure was adopted by the Council of the City of Roanoke at a recessed meeting held on Monday, May 15, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attachment c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Keith Holland, Community Resources Program Administrator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 '1- cicykxne. (585)811 -5141 Fnr. (501))853 -1181 F. -null: cicrk(rPruxnokcvn.5xv C6CEUAFt 1'I'CPIIANIL M. MOON REYNOLDS, MM( (ierk Oupnty Ciry Clerk PiD'Clerk CLC WGDD, CIVIC 0A'r. Assi,1.n(slnnl Dep�nb City ('ICrk May 17, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of Resolution No. 40825- 051517 approving the 2017 -2018 Annual Update to the 2015 - 2019 Consolidated Plan and authorizing the Acting City Manager, or the Acting City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update, subject to approval as to form by the City Attorney. The abovereferenced measure was adopted by the Council of the City of Roanoke at a recessed meeting held on Monday, May 15, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Attachment c: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Keith Holland, Community Resources Program Administrator IN TI IE COUNCIL OF TI II, CITY OF ROANOKF, VIRGINIA The 15th day of May, 2017. No. 40825- 051517. A RESOLUTION approving the 2017 -2018 Annual Update ( "Annual Update ") to the 2015- 2019 Consolidated Plan and authorizi jig the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United Slates Department of 1- lousing and Urban Development ( "HUD -) for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant finding, HUD requires that entitlement localities such as the City of Roanoke submit a 5 -year Consolidated Plan and Annual Updates; WHEREAS, opportunities for community input regarding the Annual Update were provided at a public meeting held November 10, 2016, and at a City Council public hearing on April 27, 2017, by a 30 -day public review and comment period beginning April 5, 2017, and ending May 12, 2017, by dissemination of information to the Roanoke Redevelopment and Housing Authority main offices, the main City Library, the City Clerk's office and HUD Community Resources Division for public inspection, by letters to a mailing list of interested individuals and organizations, and by publishing information in local print media and on the City's website; and WHEREAS, the Annual Update must be approved by this Council and received by HUD on or about May 15, 2017, to ensure timely receipt of new entitlement f nds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Annual Update is hereby approved; and 1. The City Manager, or the City Manager's designee, is hereby authorized, for and on HUD Plan Approval 2017 -18 &o behalf of the City, to submit the approvcd 2017 -2018 Annual Update to II(JD to the 2015 -2019 C oil soI ddated flan in final review and approval, and to execute all necessary documents pertaining to such Annual Update, such documents to be approved as to form by the City Attorney. 2. The City Manager is authorized to execute such subgrant agreements and amendments as may be required pursuant to the Annual Update, and as may otherwise exceed the City Manager's authority under Section 2 -124 ofthe Code of the City of Roanoke, as amended, such subgrant agreements or amendments to be within the limits of funds provided for in the Annual Update and to be approved as to form and as to execution by the City Attorney, all as more particularly set forth in the City Manager's letter dated May 15, 2017, to this Council. ATTEST: ✓�Pu City Clerk. HUD Plln A,,m,M 2017 -18 d,,c 2 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Consideration and Approval of 2016 -2017 HUD Annual Plan (CM 17- 00043) Background: The City of Roanoke receives entitlement funds annually from the US Department of Housing and Urban Development under the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) programs. The City receives approximately $2.0 million in new federal funds each year. These funds are leveraged with monies and in -kind support from agencies that provide services to low and moderate income individuals and families in the City. The City then develops programs to provide services such as affordable housing, public services, neighborhood revitalization, economic development and homeless services. Each program also allows the City to recover administrative costs to oversee these funds. The City is required to submit a five -year Consolidated Plan with a related Annual Plan to HUD for approval. The Consolidated Plan, adopted and approved in 2015, covers the years 2015-2019 and describes the City and its overall priorities and objectives for the anticipated funds for the next five years. Each year, the City is required to develop an Annual Plan to describe the specific activities to be undertaken for the program year, which coincides with the City's fiscal year. In compliance with the City's Citizen Participation Plan and HUD requirements, a public meeting was held November 10, 2016 to receive citizen input on development of the plan. City Council held a public hearing on the plan on April 27, 2017, which served as a second public meeting to receive input on the draft plan. A 30 -day public comment period was advertised on April 5, 2017. Considerations: The proposed Annual Plan represents the efforts to be made in directing a majority of HUD funds into the Melrose- Orange Target Area (MOTA). This will be the second year that HUD funds are fully devoted to the MOTA. The Annual Plan provides for $1,607,305 in CDBG and HOME funds to be used for projects and programs in the MOTA for FYI 7-18. The Annual Plan has been properly advertised publicly for a required 30 day public comment period beginning April 5 and concluding May 12, 2017. During this period, City Council held a public hearing on April 27, 2017 on the HUD Annual Plan. Only one formal comment was received during the public comment period. The proposed HUD Annual Plan is summarized below: Revenues CDBG Entitlements $1,527,000 CDBG Carryover 540,500 HOME Entitlements 450,000 HOME Carryover 146,500 ESG Entitlements 138,000 Total HUD Funds $2,802,000 Expenditures Housing Development $1,608,026 Neighborhood Development 566,260 Public Services 156,640 Homeless Services 132,141 Economic Development 0 Planning & Administration 338,933 Total HUD Funds $2,802,000 To ensure that availability of the new entitlements will be effective as of July 1, 2017, HUD must receive the 2017 -2018 HUD Annual Plan by May 15, 2017. A copy of the proposed plan is attached to this report for City Council's information. Recommended Actions: Approve the 2017 -2018 HUD Annual Plan and authorize the City Manager, or City Manager's designee, to execute and submit this document to HUD for final review and approval, and to execute and necessary additional documents pertaining thereto, all such documents to be approved to form by the City Attorney. R. BRIAN TOWNSEND Acting City Manager Attachments: 2017 -2018 HUD Annual Plan Summary Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Chris Chittum, Director of Planning, Building and Development Keith Holland, Community Resources Program Administrator CITY OF ROANOKE HUD ENTITLEMENT GRANTS FY 2017.2018 ANNUAL PLAN Overview The City of Roanoke anticipates receiving approximately $2.0 million in new funds an nu ally from the U.S. Department of Housing and Urban Development (HUD) in three grants: Community Development Block Grant (CDBG), HOME Investment Partnerships ( HOME) and Emergency Solutions Grant(ESG). Roanoke is an entitlement community under these HUD programs. Thismeans that HUD funds are allocated to the City every year using a formula based on population, income levels, and otherfactors. The amount that the City receives then depends on how much Congress appropriates for the entire nation. CDBG CDBG funds have been allocated to the City since 1975 and can be used for activities ranging from housing to economic development and from job training to infrastructure projects. For the 2017 -2018 program year, the City is expected to receive $1,527,000 in new CDBG funds. However, with carry-over and program income, the City estimates that a total of $2,067,500 in CDBG funds will be available. CDBG funds are primarily intended to benefit low- and moderate - income persons and areas, though a limited amount can also be used for reducing blight in economically distressed areas. The amount of funds that can be used for administration, planning and human services is also limited by regulation at 20 %, however the 2017 -2018 Annual Plan has proposed administrative costs at 18.9% of total entitlement. HOME The HOME program is exclusively for housing to benefit those of low or moderate income, Including rehabilitation, new construction, homeownership assistance and improvements to rental housing. The City has been receiving HOME funds since 1992. For the 2017 -2018 program year, the City Is expected to receive $450,000 in new HOME funds. Including carry-over and program income, the City estimates that a total of $596,500 in HOME funds will be available. HOME funds require a 12.5% match, which is met with volunteer labor from Habitat for Humanity projects funded with HOME dollars. At least 15% of each annual HOME grant must be invested in qualifying projects conducted by Community Housing Development Organizations ( "CHDOs"). Currently Habitat for Humanity is the only CHDO serving the city. ESG The emphasis for use of Emergency Solutions Grant funds has shifted from providing for activities that assist homeless individuals and families to early intervention and prevention of homelessness. HUD has issued new rules for the distribution of these funds by entitlement communities, which are being assessed by city staff and the Roanoke Valley Council of Community Services. Total funding in FY 2017 -2018 is expected to be $138,000. Available Funding: The total funding anticipated for Fiscal Year 2017 -2018 from CDBG, HOME and ESG sources is $2,802,000, but relies heavily on prior year uncommitted or available funds of $687,000. The estimated amount by category is as follows: Category Description Available Funding CDBG 2017 -2018 Entitlement Grant $1,527,000 Carry-Over and Program Income 540,500 Subtotal — CDBG Funds Available $2,067,500 HOME 2017 -2018 Entitlement Grant $450,000 Carry-Over and Program Income 146,500 Subtotal — HOME Funds Available $596,500 ESG'. 2017 -2018 ESG Entitlement Grant $138,000 Total 2017.2018 CDBG, HOME and ESG Funds Available $2,802,000 Allocation of Resources: The City's 2017 -2018 Annual Update outlines the use of approximately $2.8 million in CDBG, HOME and ESG, including carry- over and anticipated program income. These funds will support an array of housing, homeless prevention, public services, and neighborhood and economic development activities, and planning and administrative costs associated with these activities. • Economic Development— No CDBG funding is proposed for projects in the economic development category for FY 17 -18. • Homeless Services -- $132,141 for homeless prevention and rapid re- housing through Emergency Solutions Grants for programs benefiting the homeless or those al -risk of becoming homeless. • Housing Development —$1, 608,026 for new construction and housing rehabilitation for homeownership, downpayment and closing costs assistance, and the rehabilitation of owner- and renter- occupied homes. • Human Services - -$ 156,640 for services such as social services, academic enrichment, and other youth and family programs to benefit low to moderate income families. • Neighborhood Development —$ 566,260 which includes $37,760 for grants to six (6) neighborhood organizations for training and organizational development and small community improvement projects not otherwise categorized, $95,500 for infrastructure work in the Melrose- Orange Target Area (MOTA); $33,000 for demolition of blighted structures; $150,000 to fund a portion of City code inspectors to serve conservation and rehabilitation low -mod neighborhoods, and $250,000 to rehabilitates building for use as a community solutions center to address blight, crime and provide hot meals for low income persons. • Planning and Administration - -$ 338,933 for staffing and operating costs incurred by the City to administer the CDBG, HOME and ESG funds. Distribution of Housing Funds: For 2017 -2018, the City estimates its CDBG and HOME housing funds will be allocated as follows: • $588,271 for activities encouraging and facilitating the repair, maintenance, improvement or re -use of existing owner- occupied or rental housing. • $1,019,755, for activities encouraging and facilitating new homeownership. Project Locations: While some of the projects in the 2017 -18 Annual Plan affect areas throughout the City of Roanoke, the City will be in the third year of targeting of HUD resources to projects serving the Melrose- Orange Target Area (MOTA). Total funds earmarked for MOTA are $1,607,305, which meets the City's policy on Use of HUD Funds by channeling 56.9% of total funds into the targeted area. Lead Agencies: The HUD Community Resources Division of the City's Department of Planning, Building and Development is the lead organization for developing and administering the Consolidated Plan and the Annual Updates. Numerous City offices and departments and other public, nonprofit and community organizations conduct projects funded in whole or in part with CDBG or HOME funds. The specific projects, agencies and funding recommended for the 2017 -2018 period are given in the following section. 2017 -2018 Projects Submitted Agencies and Recommended Funding: ECONOMIC DEVELOPMENT . No economic development related projects sought CDBG funds for the FY 17 -18 application period. HOMELESS SERVICES • Emergency Shelterng & Rapid Rehousing (Family Promise of Greater Roanoke) Funds will provide foremergency shelterto families with children. Family Promise will also collaborate with the Community Housing Resource Centerto rapidly re -house low barrier families and provide continued case management once they are re- housed. (Recommended: $29,500 ESG) • Emergency Sheltering & Homelessness Prevent ion ( ARCH) Funds will provide foremergency shelter assistance for operating expenses (i.e. utilities and insurance) to support direct services. ARCH will also utilize homeless prevention assistance to fund its full -time housing stability coordinator who manages services for Trust House residents who transition to permanent housing. (Recommended: $38,029 ESG) • Homeless Prevention and Rapid Rehousing (Council of Community Services) Funds will provide for rapid rehousing and one- time rental assistance as well as coordinate homelessness prevention services to households most at -risk of homelessness to increase housing stability. (Recommended $61,612 ESG). • Street Outreach (City of Roanoke Homeless Assistance Team) Funds to purchase bus passes and prescription assistance for homeless persons and families in places not meant for human habitation and emergency shelters. (Recommended: $3,000 ESG) HOUSING DEVELOPMENT • Down Payment Assistance Program (City of Roanoke Dept of Planning Bldg and Dev) Funds for staling and operating costs and project funds to provide 5 -year forgivable, 0% interest loans of up to $8,000 for down payment and closing costs to assist low/mod-income families to buy homes in the City. (Recommended: $120,000 CDBG) • Emergency Home Repair Program (Total Action For Progress) Limited and emergency repairs and weatherization services to lowlmod- income owner - occupied single - family homes. Program requests to target 12 owner- occupied homes foremergency repairs, with 10 of these homes also receiving weatherization services. (Recommended: $103,411 CDBG.) • Empowering Individuals with Disabilities (Blue Ridge Independent Living Center) Install special needs home improvements such as ramps and grab bars for 25 extremely low to low income homeowners with disabilities to meet independent living needs. (Recommended: $108,860 CDBG.) • Target Area New Homeownership— New Construction/Rehabilitation (Habitat for HumaniM Acquire and renovate a minimum of 5 existing vacant houses for single - family homeownership as well as construction of 3 new single family homes in Melrose- Orange target area. (Recommended: $347,000 CDBG and $552,755 HOME) • Target Area Owner - Occupied Limited Rehab (Renovation Alliance) Basic rehabilitation services utilizing volunteer labor to address "safe, warm and dry" homeowner needs for low- income persons. Proposed goal of 19 homes in Melrose- Orange target area. (Recommended $95,000 CDBG.) • Target Area Limited Housing Rehabilitation (Total Action For Progress) Limited rehabilitation services to 12 owner- occupied single family homes in Melrose- Orange target areas. (Recommended $0) • Target Area(s) Owner- Occupied Maior Rehab (Total Action for Progress) Major rehabilitation to 4 owner - occupied housing units in Melrose - Orange Target Area. Major rehabilitation is targeted for rehabilitation in excess of$15,000to address health, safety and welfare needs of residents. (Recommended: $0 CDBG.) • Thornhill Place Rental Rehabilitation (Virginia Community Development Advisory Services) Rehabilitation of 4 rental units lying within the Melrose- Orange Target Area using Low Income Housing Tax Credits of $2.6 million to be used on these and other units outside the target area. The City's CDBG funds will provide the necessary match for this project. (Recommended: $200,000 CDBG) • Summer Youth Rehabilitation (Renovation Alliance) This program entails limited rehabilitation and repairsto aboul20 homes citywide primarily utilizing over 400 youth volunteers from faith -based programs for low income, elderly, and disabled homeowners. RTR reviews and selects homes to be included in the program, determine eligibility, work scopes, any environmental testing and historic reviews, and required permits. (Recommended: $81,000 CDBG). HUMAN SERVICES • Bigs in Blue Mentoring Program (Big Brothers /Big Sisters of Roanoke Valley) Funds to provide one on one mentoring and tutoring for low- income, disadvantaged youth in Northwest Roanoke by officers of the Roanoke City Police Department (Recommended'. $12,000 CDBG) • Bridge to Success (Goodwill Industries of the Roanoke Valley) A program to engage seniors at Forest Park Academy to ensure they are knowledgeable and prepared for life post- education. The program would provide career aptitude studies and assistance, job training, college prep and college visits. (Recommended: $0 CDBG) • Eight -Step Enrichment Program (Transitional Oplionsfor Women) Program intended to assistwomen released from prison to integrate back into society and avoid recidivism through an eight -step enrichment program that includes health, wellness,job training and preparation, healthy eating and hard skills. (Recommended $17,640 CDBG). • Family Advocates Program (Children's Trust) Funding to provide support services to the non - offending caregivers in cases of alleged child abuse, resulting in the greater protection and support for the alleged child victim. (Recommended $27,000 CDBG.) • Housing Stabilization for Families in Need (Council of Community Services). CSC proposes to continue operations of the homeless intervention services for another year. Funds are provided to landlords of low- income families in order to slop eviction and avoid homelessness. (Recommended $50,000 CDBG.) • Project Based Learning at Academic Summer Camp (Apple Ridge Farm Inc) Funding will provide for youth services and camp staffing and operations for the Apple Ridge Farm to target residents of RRHA public housing. (Recommended: $30,000 CDBG.) • Special Services Through Area Councils (Roanoke Redevelopment and Housing Authority Resident Council Goal to provide vision and dental care to low income residents of publicly assisted housing throughout the city. (Recommended $20,000 CDBG) NEIGHBORHOOD DEVELOPMENT • Code Enforcement (City of Roanoke Dept of Planning Bldg and Dev.) Funds a portion of staff and otheroperaling costsfor City enforcement of the building maintenance and other codes in low -to- moderate income neighborhoods. (Recommended: $150,000 CDBG.) • Community Solutions Center (Feeding America of SW Virginia) FASWVA proposes to utilize CDBG funds to match private donations to renovate a former nightclub in the Melrose- Orange Target Area Into a community asset to provide hot nutritious meals to city residents, particularly low income and disadvantaged children and reduce the blighting influence this property has had on the community. (Recommended: $250,000 CDBG) • Demolition (City of Roanoke Dept of Planning Bldg and Dev.) Funds to demolish vacant condemned structures in an advanced state of deterioration. (Recommended $33,000 CDBG) • Melrose Orange Target Area Infrastructure (City of Roanoke Engineering Dept.) Provides funds to rehabilitate 40 street corners in Melrose- Orange Target Area for handicapped accessibility and pedestrian safety. (Recommended $95,500) • Neighborhood Development Grant Program (Dept of Planning Bldg and Dev.) Provides for grants of up to $25,000 to neighborhood organizations in predominantly low- mod=income neighborhoods for eligible projects such as housing, crime prevention and public facilities and infrastructure projects. Activities related to training and capacity development of eligible neighborhood associations will be paid from HUD planning and administrative accounts. (Recommended: $37,760 CDBG). Applications were received from the following organizations: • Melrose -Rugby Neighborhood Forum — Replacement of Gateway Signs (Recommended $4,000 CDBG) • Mountain View Neighborhood Association — Bus Shelters (Recommended $10,000 CDBG) • Old Southwest Inc. — Franklin Road bridge panel art (Recommended $5,000 CDBG) • Riverdale Farm Neighborhood Association — Big Belly solar Trash Compactors (Recommended $8,900 CDBG) • Riverdale Farm Neighborhood Association — Tree planting at greenway trailhead (Recommended $400 CDBG) • Wasena Neighborhood Forum — Wasena Village Streelscape Project (Recommended $6,925 CDBG) • Other CDBG Eligible Neighborhoods — Training and Development ($2,535 CDBG) ADMI NISTRATIO NIP LANN I NG • HUD Administrative Funds (Dept of Planning Bldg and Dev.) Staffing and other operating costs associated with the general administration of the City's CDBG, HOME and ESG programs. Limits for each program are 20% for CDBG, 10 for HOME and 7.5% for ESG. (Recommended: $234,275 CDBG; $43,745 HOME, $5,859 ESG.) • NW Food Access Planning Grant (Local Environmental Agriculture Project) LEAP, in partnership with Invest Health Roanoke, proposes planning activities related to development of a full service grocer to serve residents of MOTA and Northwest Roanoke with affordable, healthy foods. Due to the nature of this activity, this will be included in the CDBG administrative account as a planning activity and be credited toward our 20% limit on administration. (Recommended: $55,054 CDBG) 2017 -2018 HUD Funding Recommendations Funding by Category: Economic Development $0 Homeless Services $132'141 Housing Development $1,608,026 Human Development $156,640 Neighborhood Development $566,260 Planning and Administrative Costs 338 93 Total $2,802,000 Breakout - 2017-2018 Funding for Melrose - Orange Target Areas Revitalization Initiative: $1,607,305 Agency Project Name Current Requested Recommended Apple Ridge Farms Pro ad Based Learning Academic Summer Camp $30,000 $30,000 $30,000 Big BrotheradBig sisters of Roanoke Valley Bigs in Blue Mentoring Program $0 $25,000 $12,000 Blue Ridge Independent Living Center Empowering Individuals with Disabilities $108,189 $109860 $108860 Children a Trust Family Advocacy Services $27.000 $27,000 $27,000 City of Roanoke Code Enforcement $150,000 $150,000 $150,000 City of Roanoke Demolition $25,000 850,000 833.000 City of Roanoke Down Payment Assistance $100,000 $140,000 $120000 City of Roanoke HUD Administration $286,231 $292,281 $283,879 City of Roanoke MOTA Infrastructure $0 $100,000 $95,500 City of Roanoke Neighborhood Development Grants $30,000 $40,000 837.]60 City of Roanoke Street Outreach $0 $3000 83,000 Council of Community Services Homeless Services and Prevention 863,843 $62,816 Sfi1,612 Council of Community Services Housing Stabilization for Families in Need $50.000 650,000 $50,000 Family Promise Homeless Services and Prevention 829.500 829,500 829.500 Feeding Amence Community Solutions Center $250.000 $250,000 $250,000 Goodwill Industries of the Valleys Bridge - Success 80 $29,500 80 Habitat for Humanity in the Roanoke Valley MOTA New Homeownership $967,000 $1,041,000 $899,755 LEAP Northwest Food Access Planning Grant $0 $55,054 $55.054 Renovation Alliance MOTA Limited Housing Rehabilitation $85,000 $95,000 $95,000 Renovation Alliance Summer Youth Housing Rehabilitation $75,000 $81000 $81.000 RRHA Resident Council Special Services Through Area Councils $0 $40,000 $20,000 Roanoke Valley Trouble ARCH Homeless services and Prevention $38029 $38,029 $38.029 Total Action Against Poverty Emergency Home Repair $163,411 $103,411 $103,411 Total Action Against Poverty MOTH Limned Housing Rehabilitation $0 $103,411 $0 Total Action Against Poverty MOTA Major Housing Rehabilitation $160,000 $300,000 $0 Transitional Options for Women Eight -Step Enrichment Program $0 $24.500 $17,640 Virginia Community Development Advisory Services MOTA Thornhill Place Rehabilitation $0 $2000001 $200,060 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 COnrch Avenue, E. W., Ruam 456 Roanoke, Virginia 24011-1536 Telephone: (5411)X5 1-2541 Fnx: (541))X53 -1145 N }n,nA: CECELIA F. MCCOY ,q EPI IANIE M. MOON REYNOLDS, MMC De,q City Clerk CBy Clerk CECELIA T. WEBB, CIVIC Assistma Depntp City Clerk May 17, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of Ordinance No. 40826- 051517 adopting and establishing a Pay Plan for officers, employees, Council appointed officers and Constitutional Officers of the City, effective July 1, 2017; providing for certain salary adjustments; and authorizing various annual pay supplements for certain officers and employees. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 15, 2017; and is in full force and effect on July 1, 2017. Sincerely, harm- X" Cecelia F. McCoy Deputy City Clerk Attachment c: The Honorable Timothy A. Allen, Sheriff The Honorable Donald S. Caldwell, Commonwealth Attorney The Honorable Brenda Hamilton, Clerk of the Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget Drew Harmon, Municipal Auditor Michele Vineyard, Director of Human Resources IN'I'I W COUNCIL OP'IIIF CITY Op IWANOIU'„ VIRGINIA The 15th duy of May, 2011. No. 40826 - 051517. AN ORDINANCE to adopt and establish a Pay Plan for officers, employees, Council oppointccl officers and Constitutional Officers of the City effective .Inly 1, 2017; providing for certain salary adjustments; authorizing various annual pay supplements for certain officers and employees; providing for an effective date; and dispensing with the second reading of this ordinance by title. BB IT ORDAINED by the Council of the City of Roanoke as follows: Pursuant to §2 -69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 2017, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: Pay Grade Minimum Salary Maximum Salary q $20,085.52 $32,137.04 5 $21,090.42 $33,744.62 6 $22,670.96 $36,273.90 7 $24,422.32 $39,075.66 $ $26,982.80 $43,172.48 9 $29,815.50 $47,705.06 10 $32,948.50 $52,717.34 11 $35,269.26 $56,430.92 12 $39,325.00 $62,919.74 13 $43,848.22 $70,157.10 Iq $48,889.62 $78,223,60 15 $54,512.38 $87,219.86 16 $61,575.80 $98,521.54 17 $68,656.64 $109,850.78 18 $76,551.80 $122,48340 19 $86,415.42 $138,264.62 20 $96,352.88 $154,1fi4.40 1 Pursuant to §2 -68, Code of the City of Roanoke (1979), as amended, effective .July I, 2017, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 3. The City Manager is authorized to establish an Employee Certification Program to provide employees who obtain certain certifications approved by the City Manager to receive an annual salary increase to the employee's base salary for so long as that employee maintains such certification. 4. Salary increases of one and three - quarters percent (1.75 %) of the employees' current base salary may be awarded officers and employees according to their performance. Effective July 1, 2017, for officers and employees appointed or hired prior to June 1, 2017, salary increases shall be paid based on the employee's base salary as of June 1, 2017. If the one and three - quarters percent (1.75 %) increase to an employee's base salary provided in this paragraph would cause an officer or employee to exceed the maximum annual pay range applicable for such officer's or employee's position by more than five percent (5 %) ( "Salary Cap "), such officer or employee shall receive a salary increase only in such amount as will not exceed the Salary Cap. For any officer or employee who receives a salary increase under this ordinance that causes their annual salary to exceed the Salary Cap, that officer or employee will receive a lump sum payment equal to the difference between annual salary increase they receive under this ordinance with the Salary Cap and the salary increase they would have received but for the Salary Cap. 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 2 6. For file fiscal yea beginning .Iu1y 1, 2017, and ending .lone 30, 2018, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the following Council appointed officers shall be as set forth below: POSITION TITLE ANNUAL SALARY City Attorney $ 171,668.38 City Clerk $ 103,077.28 Municipal Auditor $ 119,246.34 The Acting City Managers shall each receive a salary increase of one mid three- quarters percent (1.75 %) to the base salary they ale receiving during such time as they serve as Acting City Manager. Once they no longer serve as Acting City Manager, the one and three- quarters percent (1.75 %) salary increase shall be based upon their base salary prior to being elected as Acting City Manager. 7. Although the Director of Finance is no longer a Council appointed officer, she shall continue to receive as deferred compensation, the sum of $2,000 each quarter paid to the City's deferred compensation plan for her paticipation in said deferred compensation plan and the City will continue to put into place on her behalf a disability insurance policy consistent with that available to other Council appointed officers; as well as such other benefits as set forth in Resolution No. 40140- 121514, adopted by City Council on December 15, 2014. 8. The Director of Finance shall continue to pay on an installment basis the sum of ,$8,000.00 per calendar year to the defered compensation plan established pursuant to Internal Revenue Code Section 457, on behalf of the City Attorney, City Clerk, and Municipal Auditor. The sum shall be paid in equal quarterly installments on the first pay day of each calendar quarter. Each installment is paid to the seated Council- appointed officer as of the first day of that quarter. 9. In no calendar year shall amounts of dcfcrred compensation contributed by the City on behalf of the Council appointed officers or the Director of finance exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax -free basis annually. 10. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by the City's third party administrator for deferred compensation to implement this ordinance. 11. Participants of the City's Retirement System will be required to make a five percent (5 %) contribution from their base salary to the City's Retirement Plan. 12. Annual pay supplements, payable on a bi- weekly basis, are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY SUPPLEMENT Appraiser I $ 2,000 Appraiser II $ 2,000 Assistant City Managers $ 2,000 (unless City Manager has assigned a City vehicle to the individual Assistant City Manager) City Attorney $ 2,500 City Clerk $ 2,500 Deputy Director of Real Estate Valuation $ 2,000 Director of Economic Development $ 2,000 Director of Finance $ 2,500 Director of Planning, Building and Development $ 2,000 Director of Real Estate Valuation $ 2,000 Municipal Auditor $ 2,500 et Supervising Appraiser $2,000 Business I,ICellSe Inspector Auditor $ 2,000 'tax Compliance Auditor $ 2,000 Tax Compliance Administrator $ 2,000 Sr. Tax Compliance Administrator $ 2,000 Chief Deputy Commissioner of Revenue $ 2,000 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle far routine use in the conduct of City business should be eliminated, then the pay supplement established by this Ordinance shall be terminated as of the date of elimination of such requirement. The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar pay supplements for other officers or employees. 13. In order to equitably compensate sworn police officers assigned duties in a non- uniform capacity and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual pay supplement of $600, payable on a bi- weekly basis as a uniform allowance. 14. Each employee of the Fire -EMS Department hired by the City as a Firefighter Prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Progrmn shall be accorded an annual pay supplement of $1,200, payable on a bi- weekly basis, so long as they maintain such certification and continue to Participate in the City's First Responder Program. 15. The City Manager is authorized to create a merit pay program for Firefighter /Emergency Medical Technicians who attain various levels of EMT certification higher than EMT basic as set forth in Paragraph 14 above. The base salary increases for the corresponding EMT certification shall be as follows: 19 Advanced FM '1 $1,500 total annually EMT -I $4,000 total annually Paramedic $5,500 total annually lHie base salary increases set forth in this paragraph shall be payable on a bi- weekly basis. If a qualified employee is receiving an EMT pay supplement, pursuant to the provisions of Paragraph No. 14 or is receiving pay for one of the certifications listed in this paragraph, and obtains a higher certification and qualifies for a pay increase under this paragraph, that employee shall only receive the pay increase corresponding to their highest certification. 16. Each employee of the File -EMS Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual pay supplement of $1,200, payable on a bi- weekly basis, so long as they are assigned to the Regional Hazardous Materials Response Team. IT Each employee of the Fire -EMS Department who has been certified and performs Fire Cause and Origin Investigation duties as part of the Fire Prevention Program assigned by the Fire -EMS Chief shall be accorded an annual pay supplement of $1,500, payable on a bi- weekly basis, so long as they are assigned to perform Fire Cause and Origin Investigation duties as a part of the Fire Prevention Program. 18. Each employee of the Fire -EMS Department who has been certified and performs inspection and repair duties to the Department's "turn out" gear, Self - Contained Breathing Apparatus ( "SCBA ") mid safety sensitive equipment as part of the Fire Maintenance Safety Program by the Fire -EMS Chief shall be accorded an annual pay supplement of $1,500, payable on a bi- weekly basis, so long as they are assigned to perform inspection and repair duties as a part of the Fire Maintenance Safety Program. F.9 19. Each employee of the 1 "ire -IiMS DepaiYmenl who has barn certified and is qualified for the Heavy and Tactical /Swiftwater 'learn shall be accorded an annual pay supplement of $1,200, payable on a bi- weekly basis, so long as they remain a member of the Heavy and 'Tactical /Swi ftwater'Team. 20. Each employee of the Fire -FMS Department assigned by the Chief to the Training Division for the purpose of training and teaching of persoonel within the Pine -FMS Department shall be accorded an annual pay supplement of five percent (5 %) of the employee's base salary, payable on a bi- weekly basis, so long as that employee continues to be assigned to the Training Division. 21, The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $1,070 to $5,113, payable on a bi- weekly basis. 22. "rhe City Manager is authorized to continue a Community Policing Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation. The annual pay supplement is two percent (2 %) of the employee's base salary, payable on a bi- weekly basis. 23. A pay stipend of $100 per month, or $1,200 annually, paid monthly, if the member actually attends a regularly scheduled meeting during that month, shall continue to be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment. 7 24. A pay stipend of $100 per month, or $1,200 annually, paid monthly, if the member actually attends a regularly scheduled meeting during that month, shall be awarded to members of the Arclritectuml Review Board. 25. Any pay supplement provided in this Ordinance shall be combined with an employee's base salary when computing overtime. However, if a pay supplement provided in this Ordinance should cause an officer m employee to exceed the maximum annual pay range for such officer's or employee's position, such officer or employee shall still receive the full amount of such pay supplement provided in this Ordinance. 26. Regular full -time, permanent, City employees who donate to the 2018 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 4.0 hours of leave $130 per year _ $10.00 per pay period/ 8.0 hours of leave $260 er ear Permvrent part -time employees who donate to the 2018 United Way Campaign will earn prorated paid leave. City employees who are engaged in performing emergency services or other necessary and essential services for the City whose normal work schedule is 24 hours, who donate to the 2018 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 6.0 hours of leave $130 per ear $10.00 per pay period/ 110 hours of leave $260 per year All time earned through donations to the 2018 United Way Campaign must be used by July 2, 2018. 27. Each employee of the Sheriff's office who meets qualifications for Master Deputy Sheriff mud has been appointed such by the Sheriff shall receive an annual pay increase of five 8 percent (5 %) of the employee's base salary, payable on a bi- weekly basis so long as that employee continues to be qualified and assigned as a Maslen Deputy Sheriff. This increase shall be capped at no more than five percent (5 %) above the pay range maximum for Deputy Sheriff. 28. 'Pile City Manager is authorized to continue a pay supplement to eligible employees who use personal cell phones and personal data assistants for City business. The monthly pay supplement shall be $30.00 for voice and $50.00 for voice /data, payable on a bi- weekly basis. 29. The City Manager is authorized to continue the Special Military Pay Supplement to any City employee who is a military reservist/national guard and who, between July 1, 2017 and June 30, 2018, is called to and serves on active duty related to our country's war on terrorism or natural disasters. The pay supplement is equal to the difference between that employee's regular City salary and military base pay plus any other compensation received for military service. 30. The provisions of this ordinance shall be in fill force and effect on and after July 1, 2017. 31. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Oep •I City Clerk. 9 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKF, VIRGINIA 24011,1595 TFLFPHONH 540. 853.2431 FAX 540.853.1221 EMAIL: ciryatty @roanokeva.gov May 15, 2017 "the Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Request to schedule a Public Hearing regarding an Amendment to Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re Mayor Lea and Members of Council: ordinance [o amend Section 14.1 -5 of City Code W authorize the On May 15, 20171 City Council adopted an implementation of solid waste collection fees at rates based upon the particular use of the property. The ordinance al estate tax bill. Payment of such solid provided that solid waste collection fees may be combined with the re waste fees when combined with the real estate tax bill, will be applied first to the solid waste collection fees [hen due and payable, then to other amounts identified and due in such billing. When , City rovided that when real estate taxesrand tstormwater utility tfees were combined ton a bill, ptayment will be applied p applied first to the sormwater utility fee and then to all other taxes and fees. As a result of the new solid waste collection fee and such solid waste fee having first priority of payments being applied to it, the Stormwater Utility Fee City Code Section 11.5 -8 must be amended to update the priority of how payments are applied to the taxes and fees on the real estate tax bill. Under Section 15.2 -2114, et seq., Code of Virginia (1950), as amended, prior to amending the Stormwater Utility Fee City Code, the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. Recommended Action Council authorizes the City Clerk to schedule and advertise a public hearing on the Amendment to Chapter 11. , p`m mor as soon hereafter as the he matter ma'v beRreached, o1r9 such other and time has deemed appropriate p aby the City Manager. / Sin c errely , Damin§a*aj City Attorney DJC/Imc a R. Brian Townsend, Acting City Manager Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director or Finance Troy D. I larmon, City Auditor Stephanie Moon Reynolds, City Clerk Robert K. Bengtson, Director of Public Works CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AN'euue, S. \C., Suite 416 r Roanoke, \irginia 24011 -1536 f T�IePLOnc- (40) 8,4 -1541 Fox: (40)8i3 -1145 L- mnil. rlork4, raanakcsa.gos STEPH kNIE 91. N100N RE\'NOLDS, aINIC ('it, C'Icrk May 17, 2017 The Reverend Randy L. Martin, Pastor Preston Oaks Church 102 Preston Avenue, N. E. Roanoke, Virginia 24012 Dear Pastor Martin: CEC ELIA F. NU ( M MIMI ('it, ('1-1, C ECELI A T. O'ERB, CUC' Assistant Drynly Cit, (1-1, On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, May 15, 2017- It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, ocelia F N, /„ Deputy City Clerk CFM:aa STEPHANIE M. MOON REYNOLDS, MM(' ('try ('lerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roma 456 Roanoke, Virginia 24011 -1536 10,1.une: (54()993541 Fnx: (540)X53 -1145 E- nu,it: clerkQOmunakevv.Xov May 17, 2017 ('ECELIA F. M('('OV DnpnD City Ck,k f ECELIA T. W EBB, CM(' A,Ai unt Doanty ('it, Clerk Thomas E. and Delois Hubbard Michael V. Hale 3807 Cove Road, N. W. 4838 Cove Road, N. W. Roanoke, Virginia 24017 Roanoke, Virginia 24017 Dear Mrs. Hubbard and Gentlemen: I am enclosing copy of Ordinance No. 40827- 051517 authorizing acquisition of permanent drainage easements on, over, and across certain parcels of real property, and acquisition of a temporary construction easement on, over, and across a certain parcel of real property, all in connection with the Cove Road /Dansbury Drive Storrnwater Drainage Improvements Project; authorizing acquisition of such real property interests by negotiation; authorizing condemnation and exercise of the City's quick -take powers to acquire permanent drainage easements, and a temporary construction easement, with respect to certain parcels of real property, pursuant to Section 15 -1904 and Sections 25.1 -300, et seq., Code of Virginia (1950), as amended; authorizing proper City officials to take appropriate action for acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Cove Road /Dansbury Drive Storrnwater Drainage Improvements Project, as provided for in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, 0""t� J Yn °CY_ Cecelia F. McCoy Deputy City Clerk Enclosure Thomas E. and Delois Hubbard Michael V. Hale May 17, 2017 Page 2 Pc: The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Evelyn Powers, Treasurer R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director, Management and Budget Barbara A. Dameron, Director of Finance Susan Lower, Director of Real Estate Valuation Luke Pugh, City Engineer Dwayne D'ardenne, Stormwater Manager IN H II? COUNCIL, Op TIIF CITY OP ROANOKE, VIRGINIA The 15th day of May, 2017. No. 40827- 051517. AN ORDINANCE authorizing the acquisition of permanent drainage casements on, over, and across certain parcels of real property, and the acquisition of a temporary construction casement on, over, and across a certain parcel of real property, all in connection with the Cove Road/Dansbury Drive Stormwater Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire the permanent drainage easements, and a temporary construction easement, with respect to certain parcels of real properly pursuant to Section 15.2- 1904 and Sections 25.1 -300, et seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Cove Road /Dansbury Drive Stormwater Drainage hnprovements Project, as provided for in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 40337 - 090815, adopted September 8, 2015, City Council authorized the City to acquire by negotiation from private real property owners, certain storm drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Cove Road/Dansbury Drive Stormwater Drainage Improvements Project (the "Project "); WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, O -A WW,,i e condemnnriun proceedinns Cove Rd- Dansbury D� Pmiut (5- 15 -17) WIIFRIiAS, the City has successfully negotiated the acquisition of the necessary easements and other property interests from most of the affected oval property owners in connection with the Project, WHEREAS, the City has [)cell unsuccessful in nogolialing agreements to acquire the necessary casements from the following owners of certain parcels of real property, situated in Roanoke, Virginia: Property Owner Address and Official Tax Map No. Real Property Interests Required " fhomas 1, Delois 3807 Cove Road, NW Variable Width Public Hubbard 7'M No. 6401001 Drainage Easement, containing 1,655 sq. ft. Michael V. hale _ 3727 Cove Road, NW 20 foot Permanent Public TM No. 6401121 Drainage Easement, containing 3,949 sq. ft. and a 10 foot Temporary Construction Easement, containing 2,562 sq. ft. These properties and the real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated May 15, 2017 ( "Report"); WHEREAS, the City entered into bona fide, good faith negotiations with Thomas E. and Delois Hubbard and offered the sum of $2,532.00 for the permanent drainage easement, and the City was unable to acquire the permanent drainage easement from Thomas E. Hubbard and Delois Hubbard, all as more specifically set forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Michael V. Hale and offered the sum of $6,712.00 for the permanent drainage easement and the temporary construction easement, and the City was unable to acquire the permanent drainage easement and 4AUtlmeize cvndemnato, proceedings Cove Rd- Danbury or Project (5- I5 -17) the temporary construction easement fi-om Michael V. I Isle, all as more specifically set forth in the 12eport; W1114 '.AS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all casements, and other real properly interests required for the Project helbru the City can commence work on the Project; WIIGRP,AS, the fair value of the permanent drainage casement across the property owned by "fhomas E. and Dclois Hubbard, together with damages, if any, to the remainder of such property is $2,532.00, based on an appraisal dated September 23, 2016, prepared by Miller, Lou,,,, and Associates, Inc., an independent third party appraiser; WHEREAS, the fair value of the permanent drainage easement and temporary construction easement across the property owned by Michael V. Hale, together with damages, if any, to the remainder of such property is $6,712.00, based on an appraisal dated September 23, 2016, prepared by Miller, Long, and Associates, Inc., an independent third party appraiser; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for May 15, 2017, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public hearing on May 15, 2017, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. 0- Anlhoo7c oondemnnlion prooeediugs Cove Rd- Dnnebury of Project (5- 15 -17) NOW, 'I 'I IF,REFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: lows: Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to cmrstruct infrastructrue improvements to improve and alleviate drainage issues on public and piivale property, and that such improvements are in the public interest of the citizens of the City in that the Projects involve the acquisition of easements for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements and other real property interests, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owners (all as more specifically described in the Report) by continued negotiation: Property Owner Address and Official Tax Map No. Real Property Interests Re aired Thomas E. and Delois 3807Cove Road,NW Variable Width Public Hubbard TM No. 6401001 Drainage Easement, containing 1,655 sq. ft - Michael V. Hale 3727 Cove Road, NW 20 foot Permanent Public TM No. 6401121 Drainage Easement, containing 3,949 sq. ft. and a 10 foot Temporary Construction Easement, containing 2,562 sq. ft. The City Manager is authorized to pay such consideration as he deems appropriate. O- AOthonn condemnation proceedings Cove Rd- Dansbury or Projcel (5- 15 -17) 3 . Upon acceptance of the City's offer, zinc[ delivery by such owners t o t he City of the easements and other interests needed for the Project, approved as to form by the City Attorney, the [)hector of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements and other properly interests conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such property interests stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Thomas E. and Delois Hubbard, and/or Michael V. Hale remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2- 1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such property interests set forth in this Ordinance and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to continence construction of the Project. 5. The easements and other property interests acquired by the City pursuant to this Ordinance shall be used for the propose of constructing and installing, and storm drain facilities adjacent, and other infrastructure improvements needed for the Project. 6. Council finds mud determines that the amount of just compensation due to Thomas E. and Delois Hubbard for the permanent drainage easement, including damages, if any, to the remainder of their property, is $2,532.00, based upon the above referenced appraisal dated 0 AUthorF a condemnation proceedings Cove Rd -D oisbnry Dr Project i5- 15 -17) September 23, 2016, prepared by Miller, Long, and Associates, loc. Council finds and determines that the amount of just compensation due to Michael V. hale for the permanent drainage easement and the temporary construction easement, including damages, if any for the remainder of his property, is $6,712.00, based upon the above referenced appraisal dated September 23, 2016, prepared by Miller, Long, and Associates, Inc. T Flic appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of "fake in the Circuit Court of the City of Roanoke, and deposit the amount of $2,532.00, which amount represents the just compensation due to Thomas C. and Delois Hubbard for the City's acquisition of such easement, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement related to the real property owned by Thomas E. and Delois Hubbard as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law; and (b) sign and File a Certificate of Take in the Circuit Corot of the City of Roanoke, and deposit the amount of $6,712.00, which amount represents the just compensation due to Michael V. Hale for the City's acquisition of such easements related to his property, or to sign and file a Certificate of Deposit in lieu of such Certificate of "Lake, before entering and taking possession of the easements related to the real property owned by Michael V. Hale as described in this Ordinance in connection with the "quick take" condemnation process of such easements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. O- Authotlu condemnation preveedimp Cove Rd- Dansbnn Dr Project (5- I5 -17) 6 8. Pwsuant to Section 12 of the City Charter, the second rending oft] I is Ordinance is P1aeby dispensed with by title. ATIF T J-. rn� 07" 4y City Clerk. 0- Anfhortre condetnnntion proceedings Cove Rd -Dmshn Dr PMea(5- 15 -17) aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Request to Authorize Acquisition of Real Property Interests by Eminent Domain for the Cove Road /Dansbury Drive Stormwater Drainage Improvements Project CM 17-00036) Background: The Cove Road /Dansbury Drive Stormwater Drainage Improvements Project ( "Project ") is a proposed City project for the purpose of making storm -water drainage infrastructure improvements in the Miller Court, Arrowood and Westview Terrace neighborhoods, along the Cove Road /Dansbury Drive corridor to alleviate storm water runoff. These neighborhoods suffer from lack of storm drain systems evidenced by standing water on road pavement and private properties at the intersection of Cove Road, N.W. and Dansbury Drive, N.W. Stormwater runoff from public right of way contributes to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in these neighborhoods. Pursuant to Ordinance No.40337- 090815, adopted by City Council on the 8" day of September, 2015, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements and temporary construction easements. While City staff acquired the necessary real property interests for the majority of the Project, City staff was unable to acquire the necessary interests needed for the Project from the property owners shown below, despite making several reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Thomas E. and 3807 Cove Road, 6401001 Variable Width Delois Hubbard N.W. Public Drainage Easement, Containing 1,655 s . ft. Michael V. Hale 3727 Cove Road, 6401121 20' Public N.W. Drainage Easement, containing 3,949 sq. ft. and a 10' Temporary construction Easement, containing 2,562 so. ft. The consideration offered Thomas E. and Delois Hubba for the easements the was $2,532, and based on an independent third party appraisal City. The consideration offered Michael V. Hale for the easement was $6,712 and based on an independent third party appraisal obtained by the City. Both appraisals are dated September 23, 2016, and were prepared by Miller, Long, and Associates, Inc. In order to commence and complete the Project, it is necessary for the City to acquire the property interests described above from the owners. Due to the difficulty encountered by City staff in obtaining such property interests, City staff requests City Council to authorize the use of "quick take" eminent domain proceedings to acquire such property interests. A finding by City Council that the Project constitutes a public use, and a public hearing, are both required under state law before the use of eminent domain may be authorized. If City Council authorizes the City to exercise the use of eminent domain to acquire such rights, City staff will first make another bona fide, good faith attempt to further negotiate the acquisition of such interests with the above property owners, before initiating any eminent domain proceedings. Recommended Action: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the easements identified above to be acquired from Michael V. Hale and Thomas E. and Delois Hubbard: (1) Declare that the Project constitutes a public use within the meaning of Section 1 -219.1 of the Code of Virginia (1950) as amended, and that the easements and fee simple interest identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from Michael V. Hale by negotiation, and offer Mr. Hale the amount of $6,712, the appraisal amount, as just compensation for conveyance of the easements to the City, and damages to the residue of the property. (3) Authorize City staff to attempt to acquire the easements identified above from Thomas E. and Delois Hubbard by negotiation, and offer Thomas E. and Delois Hubbard the amount of $2,532, the appraisal amount, as just compensation for conveyance of the easements to the City, and damages to the residue of the property. (4) If such attempts at negotiation with Michael V. Hale and Thomas E. and Delois Hubbard are unsuccessful, authorize City staff to initiate "quick take' eminent domain proceedings in accordance with Section 15.2-1904, and Section 25.1 -300 et.- seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. - 6401 121 and Tax Map No. 6401001 to acquire such easements needed for the Project, and commence work on the Project. (5) Authorize the appropriate City officials, including the Director of Finance, Acting City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $6,712, which amount represents the just compensation due to Michael V. Hale; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. (6) Authorize the appropriate City officials, including the Director of Finance, Acting City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,532, which amount represents the just compensation due to Thomas E. and Delois Hubbard; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. ----------------------- R. Brian Townsend Acting City Manager Distribution Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager Josephus M. Johnson- Koroma, P.E., Civil Engineer II Cassandra L. Turner, Economic Development Specialist The Roanoke Times Roanoke, Virginia Affidavit of Publication CITYOFROANOKE STORMWATERDIVISIOP Ann Dwayne D'ANdenne STEPHANIEM MOONREYNOLDS. MMCCITV CLERK ROOM 456. NOEL C. TAYLOR MUNICIPAL BUILDING 215 CHURCH AVENUE. SW Account Number 6026342 Date May 05, 2017 Date Category Descuptinu Ad Srze Total Cost 0511112017 Trustee Sales NOTICE OF PUBLIC HEARING Pursuant to the reQUirements 1 x 80 L 70960 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 64128. 05/052017 The First insertion being given ... 04/28/2017 Newspaper reference: 0000523926 Oiling Rep sentative Sworn to and subscribed before me this Friday, May 5, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 17i III 1 0 �-H 1 1 D I.�J UWUII b/ryl�p N` otary publicV =PP�oiiwEa(iy d State of Virginia REG City/County of Roanoke My Commission expires _ W0525 y8yE5 q o VIR�IG?:\p c x A'OrARY y�9 x THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING do;sOant a the requirements of 5ecaon 1521903, Code of Vlrglnla (1950) as amended, notice is hereby given that the City council of the City Of Roanoke, Virginia C'Cli Will hold a public hearing at its regular meeting to be held on Monday, May 14 2017, mendng at 7:00 pm., o Iherezfier as the mafier may be heard "n the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Builtlinq, 215 Church Avenue. SW, Roanoke, Virginia, ]4011, to consitler adoption of a ordinance amborb,ed, the use of "quick take' condemnation proceedings by the City of Roanoke for me acquisition of va menu across, on, and under certain privately caned real property pursuant to Section 1521904 and Sections 25.1300 et. seq. Of the Code of Virginia (1950) mended 0)r the Cove FoaNOansbury Drive Smrmwaler Drainage Improvements Project such (noements to be sans :, so, sort ender following described parcels Of real property located at(1)i807 cove Road. N.W., Roanoke, Virginia, bearing Official Tax Map No. 6401001, and Hcaned by Thomas E. and Dellis ubbard: and 00 1727 Cove Road, A w.. Roanoke Vlrglnla, bearing Official Tax Map No. 6491121, and owned by Michael V. Hale: for the purpose of making stormwater drainage infrastructure Improvements in the neighborhood along the Cove Roam DAnsb,ry Drive corridor to alleviate flooding antl the Accumulation of standng water causert by sthern.y er runod . The public bearing mall be for the purpose of determining whether the project described above Constitutes a ,,hire use. and whether the If of contlemeatlon pnoceetlid,, is eaiv11 a,, far the acgw4fion of such rryi ac and older me road property s described Add - For, , such have the opportmody to be beard and express mar opinions en said matter. Additional Information on the projects doscribod above. and copies of the aCrdls ce barge m the ity Coa, s Office neng Friday. April 28, 2017. If you are a person with a djsabdjiy who needs accommodations for these bearings, please contact the City Clerk's Office at (540) 3514541, before 12'.00 noon on Thu75day, May 11. 2017 OVEN uotler my hand this 29U Jay of April 2017. Stephanie M_ Mason assume, MMC City Clerk (52]926) T I!'1 V _O Y E Is- 71 City Of Roanoke Attn: Stephanie Reynolds, City Clerk 215 Church Ave. SW, Rat 456 Tpe ��/'�p 0. yll /[ ��"� B N Roanoke, VA 24011 1AIJYVVIJIV..• ■ UUt- Fax343- Date: 05/19117 Inv. #C-14804 2318 Melrose Ave., NW Roanoke, VA 24017 540 - 343 -0326 •Fax 343 -]366 Making and Recording Black History Since 1939 Caption Dates Runs Size Size Code Number Net Rate Net Total Notice of Public Hearing 05104/2017 1 1 3 col. x 6.0" 1 24.0" 1 - 1 $7.20 1 $172.80 Any questions in reference to this invoice contact Stan Hale 343 -0326 - Net 30 Days - Please return one copy ot invoice with payment or include invoice # on check. ThanksH f ursuant to the requirements of Section 15.2 -1903, Code of Virginia (1950) as ymended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City ") will hold a public hearing at its regular meeting to be held on Monday, May 15, 2017, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of an ordinance authorizing the use of "quick kake" condemnation proceedings by the City of Roanoke for the acquisition of various easements across, on, and under certain privately owned real property pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Cove Road /Dansbury Drive Stormwater Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property located at (1) 3807 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 6401001, and owned by Thomas E. and Delois Hubbard; and (ii) 3727 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 6401121, and owned by Michael V. Hale; for the purpose of making stormwater drainage infrastructure improvements in the neighborhood alongthe Cove Road /Dansbury Drive corridor to alleviate flooding and the accumulation of standing water caused by stormwater runoff. The public hearing shall be for the purpose of determining whether the project described above constitutes a public use, and whetherthe use of condemnation proceedings Is necessary for the acquisition of such easements across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional information on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Friday, April 28, 2017. If you are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, May 11, 2017. GIVEN under my hand this 28th day of April 2017 Stephanie M. Moon Reynolds, MMC City Clerk V� (— NOTICE. OF PUBLIC HEARING Pursuant to the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ("City") will hold a public hearing at its regular meeting to be held on Monday, May 15, 2017, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building„ 215 Church A% race, S.W., Roanoke, Virginia, 24011, to consider adoption of an ordinance authorizing the use of "quick take" condemnation proceedings by the City of Roanoke for the acquisition of various easements across, on, and under certain privately owned real property pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Cove Road/Dansbury Drive Stormwater Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property located at (i) 3807 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 6401001, and owned by "thomas E. and Delois Hubbard; and (ii) 3727 Cove Road, N.W.. Roanoke, Virginia, bearing Official Tax Map No. 6401121, and owned by Michael V. I late; for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Fresno Cove Road/Dansbury Drive corridor to alleviate Flooding and the accumulation of standing water caused by stormwater runoff. the public hearing shall be for the purpose of determining whether the project described above constitutes a public use, and whether the use of condemnation proceedings is necessary for the acquisition of such easements across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional information on the projects described above, and copies of the proposed ordinances will be available in the City Clerks Office beginning Thursday, April 27, 2017. If you are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, May 11, 2017. GIVEN under my hand this 28ti day of April 2017. Stephanie M. Moon Reynolds, City Clerk Please publish twice in Legal Section of The Roanoke Times on Friday, April 28, 2017, and Friday, May 5, 2017. Send Certification/Affidavit to: Stephanie M. Moon Reynolds Room 456, Nocl C.'laylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Send Invoice to: Dwayne D'Ardennc Stormwater Utility Manager City of Roanoke — Department of Public Works 1802 Courtland Road, N.E. Roanoke, VA 24012 Phone: (540) 853-1756 May 17, 2017 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: I am enclosing copy of Ordinance No. 40828- 051517 authorizing execution of a proposed agreement regarding development of a proposed joint communications center for an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc., and an E -911 Center to be owned and operated by the City of Roanoke, which the City of Roanoke is in the process of soliciting proposals for the design /build of the proposed Facility to be located at 0 Blue Hills Circle, N. E.; and authorizing the Acting City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement, subject to approval as to form by the City Attorney. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure �� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (140)853 -1145 E +nail: derk(rTrommka a.gov ('ECF.IAA F. MCCOV STEPBANI E M. MOON REYNOLDS, MMC Deputy City Clerk ch, Clerk CE('ELIA T. W EBB, CMC Assistno( Depm,y City Clerk May 17, 2017 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: I am enclosing copy of Ordinance No. 40828- 051517 authorizing execution of a proposed agreement regarding development of a proposed joint communications center for an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc., and an E -911 Center to be owned and operated by the City of Roanoke, which the City of Roanoke is in the process of soliciting proposals for the design /build of the proposed Facility to be located at 0 Blue Hills Circle, N. E.; and authorizing the Acting City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement, subject to approval as to form by the City Attorney. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, May 15, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure Daniel J. Callaghan May 17, 2017 Page 2 PC: Rick Pevarski, President and Chief Executive Officer, VA811, 1829 Blue Hills Circle, N. E., Roanoke, Virginia 24012 -8661 R. Brian Townsend, Acting City Manager Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Wayne F. Bowers, Economic Development Director Roy Mentkow, Director of Technology Luke Pugh, City Engineer Sonya Roman, Manager, E -911 t.� IN T IP. COUNCIL OF'I'1lli CITY OF ROANOKE, VIRGINIA The 15th day of May, 2017. No. 40828- 051517. AN ORDINANCE. authorizing the City Manager to execute a proposed agreement ("Agreement ") regarding the development of a proposed joint communications center ( "Facility") for on 811 Center to be owned and operated by Virginia Utility Protection Service, Inc. ( "VA81 I"), and an E -911 Center to be owned and operated by the City of Roanoke ( "Joint Project ") which the City of Roanoke ( "City ") is in the process of soliciting proposals for the design /build of the proposed Facility to be located on certain real property, presently owned by the City, situated at 0 Blue Hills Circle, N.E., Roanoke, Virginia, bearing Official Tax Map No. 7280104 ( "Property "); authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement; and dispensing with the second reading of this ordinance by title. WHEREAS, the proposed Agreement provides that upon completion of the first phase of the design/build process, either VA811 or the City may terminate the process if such party determines, in its reasonable judgment that the design of the Joint Project does not satisfy its objectives, and, if the Joint Project is terminated, VA811 may purchase the Property upon terms and conditions set forth in the proposed Agreement, which terms include a purchase price of the sum of $297,000, and fifty percent (50 %) of the costs incurred in designing the Facility (not to exceed $150,000); WHEREAS, if VA811 and the City decide to proceed with construction of the Joint Project, then the Facility will be constructed and, upon completion of the structure, the City shall submit the Facility and the Property to the Virginia Condominium Act (Sections 55 -79.39 0 Ag,e firrolnl CommunlceGOns ClIftICM1y &VA811(5- 15 -17) through 55- 79.103, Code of Virginia (1950), as amended) as a condominium consisting of two (2) units, one unit for the VA81 I operations ( "VA811 Unit ") and the other unit for the E -911 operations ( "E -911 Unit "), together with common elements, limited common elements, and such other conditions, resnietions, and agreements acceptable to the City and VA811; and, in such event, VA811 shall purchase the VA811 Unit, upon terms and conditions set forth in the Agreement, which terns include a purchase price equal to the sum of (i) $148,500 (fifty percent (50 %) of $297,000); and (ii) assumption of VA811's pro -rata share of all costs associated with the design and construction of the Facility; and VA811 will be solely responsible for the cost of ail up -fit and finish work within the VA811 Unit and the City will be solely responsible for all up -fit and finish work within the E-911 Unit; and WHEREAS, a public hearing was held on May 15, 2017, pursuant to Sections 15.2- 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 the proposed Agreement. THEREFORE, BE Lr ORDAINED by the Council of the City of Roanoke as follows: The proposed development of the Joint Project at the Property, the sale of the Property in the event that either the City or VA811 elect to terminate the Joint Project as provided in the Agreement, the submission of the Property and the Facility to a condominium, and the sale of the VA811 Unit to VA811, all in accordance with the terms and conditions of the proposed Agreement and as more particularly described in the City Council Agenda report dated May 15, 2017, is hereby approved. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, a proposed Agreement regarding the development of a Facility for an 811 Center to be owned and operated by VA811, and an E -911 Center to be owned and operated by the City, be located on certain real property, presently owned by the City, situated at O- Agreement for loin[ Commnnicetions Cento-Cfty & VA811 (5- 15 -17) 2 0 Blue hills Circle, N.F., Roanoke, Virginia, Scaring Official Tax Map No. 7280104, under certain terms and conditions, as more particularly described in the City Council Agenda Report dated May 15, 2017. Such Agreement shall be substantially similar to the one attached to such Agenda Report and shall be approved as to form by the City Attorney. 2. The City Manager is authorized to execute any necessary documents, provide any information, aid to take any necessary actions in order to implement, administer, and enforce such Agreement, including, without limitation, the execution of (a) all documents related to the development of the Joint Project, (b) the deed and related closing documents to sell the Property to VA811 in the event that either the City or VA811 elect to terminate the Joint Project; (c) all documents to submit the Property and the Facility to a condominium pursuant to the Virginia Condominium Act; and (d) all documents and deeds necessary to transfer the VA811 Unit to VA811 in accordance with the Agreement The fomn of all documents shall be 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: D,Puly City Clerk. O- Agreement r0F]OInIC-- m"mI0IMS CentervClly & VA811 (5- 15 -17) 3 CITY OF ROANOKE o` �^ OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING - - 215 CI IURCH AVENUE, SW t�K ROANOKE, VIRGINIA 24011 -1595 Daniel J. Callaghan TELEPHONE 540- 8532431 City Attorney FAX 540 - 853.1221 EMAIL ciryaay @roanokcva.gov May 15, 2017 The I Ionorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Public Hearing regarding a proposed Agreement regarding the Design, Development, Construction, and Operation of a Joint Communications Center by and between the City of Roanoke and Virginia Utility Protection Service, Inc. (VA811) Mayor Lea and Members of Council: The City has a proposed agreement (Agreement) regarding the development of a proposed joint communications center (Facility) for (i) an 811 Center to be operated by Virginia Utility Protection Service, Inc. (VA811); and (ii) an E -911 Center to be operated by the City of Roanoke ( "Joint Project "). The City is in process of soliciting proposals for the design/build of the proposed Facility to be located on certain real property situated at 0 Blue Hills Circle, N.F., Roanoke, Virginia 24012, Official Tax Map No. 7280104, containing approximately 6.5928 acres (Property). The proposed Agreement provides that upon completion of the first phase of the design -build process, either VA81I or the City may terminate the process if such party determines, in its reasonable judgment that the design of the project does not satisfy its objectives, and, if the Joint Project is terminated, VA811 may purchase the Property upon terms and conditions set forth in the Agreement, which terms include a purchase price of the sum of $297,000, and fifty percent (50 %) of the costs incurred in designing the Facility (not to exceed $150,000). If VA8I I and the City decide to proceed with construction, then the facility is constructed and, upon completion of the structure, the City shall transfer the Facility and the Property into a condominium consisting of two (2) units, one unit to be constructed for the VA811 operations (VA81 I Unit) and the other unit for the E -911 operations (E -911 Unit), together with common elements and limited common elements and such other conditions, restrictions and agreements acceptable to the City and VA811. VA811 shall purchase the VA811 Unit, upon terms and conditions set forth in the Agreement, which terms include a purchase price equal to the sum of (i) $148,500 (fifty percent (50 %) of $297,000); and (ii) assumption of VA81 I's pro -rata share of all costs associated with the design and construction of the Facility; and VA81I will be solely responsible for the cost of all up -fit and finish work within the VA811 Unit and the City will be solely responsible for all up -fit and finish work within the E -911 Unit. Under Section 15.2 -1800, et seq., Code of Virginia (1950), as amended, prior to selling City -owned property the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. Recommended Action Absent comments at the public hearing to the contrary, adopt the attached ordinance authorizing the City Manager to execute an Agreement substantially similar to the one attached to this report, and to execute such other documents including, without limitation, the execution of (a) all documents related to the development of the Joint Project, (b) the deed and related closing documents to sell the Property to VA811 in the event that either the City or VA811 elect to terminate the Joint Project; (c) all documents to submit the Property and the Facility to a condominium pursuant to the Virginia Condominium Act; and (d) all documents and deeds necessary to transfer the VA811 Unit to VA81 I in accordance with the Agreement, and to take such further actions as may be necessary to implement, administer, and enforce such Agreement. All documents are subject to approval as to form by the City Attorney. Sincerely, Dan ieI4a City Attorney DJC /lmc c: R. Brian Townsend, Acting City Manager Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk Wayne Bowers, Director, Department of Economic Development Roy Mentkow, Director of Technology Luke Pugh, City Engineer DRAFT 5 -8 -2017 AGREEMENT REGARDING THE DESIGN DEVELOPMENT CONSTRUCTION AND OPERATION OF A JOINT COMMUNICATIONS CENTER BY AND BETWEEN THE CITY OF ROANOKE VIRGINIA AND VIRGINIA UTILITY PROTECTION SERVICE INC. THIS AGREEMENT regarding the Design, Development, Construction, and Operation of a Joint Communications Center by and between the City of Roanoke, Virginia, a Virginia municipal corporation ("City"), and Virginia Utility Protection Service, Inc., a Virginia corporation ( "VUPS "), is made this day of May, 2017 (`Agreement "). RECITALS A. The City is the owner of certain real property, together with any improvements thereon, containing 6.5928 acres of land, more or less, situated at 0 Blue Hills Circle, N.E., Roanoke, Virginia, depicted as Official Tax Map No. 7280140, and more particularly described in Exhibit A attached hereto and made a part hereof ("Property"). B. The City operates an emergency operations center presently situated at 215 Church Avenue, S.W., Roanoke, Virginia ( "Present E -911 Facility "), to provide emergency telephone call services to the public ( "E -911 Services "), and the City needs to expand the Present E -911 Facility or relocate its E -911 Services to another location. C. VUPS operates VA911 services for utilities, contractors, and the public to assist in the location of utility lines prior to the commencement of construction of any land disturbance activities ( "VA811 Services "). VUPS presently provides VA811 Services from its offices located at 1829 Blue Hills Circle, N.E., Roanoke, Virginia (`Present VA811 Facility"), VUPS desires to expand its VAM I service and must relocate its V A81 I Services from its Present V A911 Facility. D. VUPS contacted the City and inquired whether the City would consider selling the Property to VUPS so that VUPS could construct a new facility at which VUPS could provide its VA811 Services. After review of various technical matters, the City and VUPS explored the possibility of constructing a communications facility at the Property where the City could provide its E -911 Services and VUPS could provide its VA811 Services (`Joint Communications Center "). E. After further discussions and review, the City and VUPS entered into a letter agreement dated November 8, 2016, in which the City and VUPS summarized their goal of designing a Joint Communication Center and, after review of the preliminary design, determining whether to complete final design and construction of the Joint Communications Center (`November 8, 2016 Letter "). A copy of the November 8, 2016 Letter is attached as Exhibit B. The parties agreed to share the cost of the preliminary design. F. The November 8, 2016 Letter further provided that if either the City or VUPS determined that the design of the proposed Joint Communications Center did not satisfy such party's objectives, DRAFT 5 -8 -2017 such party could terminate the design process and, subject to approval and authorization by Roanoke City Council, the City would sell the Property to VUPS. G_ The City has initiated a two -step qualification based negotiation process for a design - build contract for the Joint Communications Center ( "RFQ "). A copy of the RFQ is attached hereto and made a part hereof as Exhibit C. The RFQ contemplates the submission of Statements of Qualifications ( "SOQ ") from Offeror and, in accordance with Section 2.2 -4308, Code of Virginia (1950), as amended, and Roanoke City Ordinance No. 39922 - 050514, the SOQ's submitted will be evaluated and qualified offerors will be identified. Ultimately, the process may produce a contract for the design -build of the Joint Communications Center. H. The contract for the design -build will provide for two (2) phases; the first phase will be preliminary design of the Joint Communications Center from which preliminary design the cost of complete design and construction of the Joint Communications Center can be determined. 1. The November 8, 2016 Letter contemplates that the City and VUPS will enter into an agreement, subject to the approval and authorization of Roanoke City Council, that establishes the agreement of the parties with regard to the design, development, construction, and operation of the Joint Communications Center or the sale of the Property to VUPS NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and the Recitals set forth above which Recitals are incorporated herein and are made a material part of this Agreement, and for other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the City and VUPS agree as follows: ARTICLE I DESIGN OF JOINT COMMUNICATIONS CENTER 1.1 Pursuant to the terms of the November 8, 2016 Letter and the RFQ, the City and VUPS shall procure, through a two -step qualification -based competitive negotiation process, a design -build contract for the design and construction of the Joint Communications Center. In the event that this process results in a contract for the design and construction of the Joint Communications Center, VUPS shall be responsible for, and shall pay, fifty percent (50 %) of the costs incurred under the contract for the preliminary design of the Joint Communications Center. VUPS shall pay such amount to the City within ten (10) days after receipt of an invoice for such amounts from the City. 1.2 Upon completion of the preliminary design and a review of the estimated costs for the final and complete design and construction of the Joint Communications Center the City and VUPS shall review and determine, in their respective reasonable judgments, whether to proceed with completion of the design and construction of the Joint Communications Center. In exercising their respective judgment, the City and VUPS shall consider whether the proposed Joint Communications Center meets its objectives for use of the proposed Joint Communications Center to provide the E -911 Services or the VA811 Services as applicable. Each party shall make such determination within thirty (30) Days DRAFT 5 -8 -2017 after receipt of the preliminary design and cost estimate. Such determination shall be in writing and delivered to the other party in accordance with this Agreement. 1.3 In the event that either the City or VUPS elects to terminate the process for completing the design and construction of the Joint Communications Center, the City shall terminate the contract with the design -build team and the parties may proceed with a sale of the Property by the City to VUPS in accordance with Article III of this Agreement. 1.4 In the event that the City and VUPS mutually agree to proceed with the final design and construction of the proposed Joint Communications Center, the parties shall proceed in accordance with Article II of this Agreement. 1.5 In the event that the City and VUPS mutually agree to proceed with the final design and construction of the proposed Joint Communications Center, the City and VUPS acknowledge and agree that each party will be solely responsible for all up -fit and finish work associated with its designated space within the Joint Communications Center. ARTICLE 11 DEVELOPMENT, CONSTRUCTION, AND OPERATION OF THE JOINT COMMUNICATIONS CENTER 2.1 Development of the Joint Communications Center. 2.1.1 Upon the mutual agreement of the City and VUPS to proceed with the final design and construction of the Joint Communications Center, the parties shall develop and finalize documents necessary to establish the Property and the Joint Communications Center as a two (2) unit condominium with appropriately designated common elements, limited common elements, expandable condominium property, together with the creation of a condominium association. All such documents shall be finalized, except for final as -built surveys designating the specific boundaries of each condominium unit; before commencement of construction of the proposed Joint Communications Center. The City shall retain the services of Whitlow and Youell, PLC to prepare such documents and VUPS shall reimburse the City for fifty percent (50 %) of the costs incurred. 2.1.2 The City shall establish the Joint Communications Center and the Property as a condominium upon completion of construction and as -built surveys in conformity with the applicable laws, rules, and regulations of the Commonwealth of Virginia relative to the development and operation of condominiums. 2.1.3 VUPS agrees to enter into an agreement for the acquisition of the condominium unit designated for the operation of the VA811 Services ( "VA811 Unit'). The agreement shall provide for sale of the VA81 1 Unit at the purchase price equal to the sum of (i) $148,500 (fifty percent (50 %) of $297,000); and (ii) assumption of its pro -rata share of all costs associated with the design and construction of the DRAFT 5 -8 -2017 Joint Communications Center, including all soft costs including creation of the condominium. This agreement shall be subject to public notice and public hearing before Roanoke City Council and shall be subject to the approval and authorization of Roanoke City Council. 2.1.4 The City shall acquire the condominium unit designated for use by the City for the operation of E -911 Services ( °E -911 Unit ") and the City shall be responsible for its pro-rata share of all costs associated with the design and construction of the Joint Communications Center, including all soft costs including creation of the condominium. 2.1.5 VUPS's pro -rata share of all costs associated with the design and construction of the Joint Communications Center shall be equal to a fraction, the numerator of which is the area of the VA911 Unit and the denominator of which is the aggregate area of the VA811 Unit and F. -911 Unit. The City's prorata share of all costs associated with the design and construction of the Joint Communications Center shall be equal to a fraction, the numerator of which is the area of the E -911 Unit and the denominator of which is the aggregate area of the VA811 Unit and the E-911 Unit. 2.2 Construction of Joint Communication Center. 2.2.1 The City and VUPS shall each designate a person to provide oversight of construction activities of the Joint Communications Center. The City shall designate the project manager for the construction of the Joint Communications Center. The construction shall be managed in accordance with standard construction management practices and in accordance with the specific terms and conditions of the contract for construction of the Joint Communications Center. 2.2.2 Prior to the commencement of construction, the City and VUPS will negotiate and agree on a schedule to coordinate, review and approval of any change orders, revisions, or amendments to the contract for construction of the Joint Communications Center. 2.2.3 VUPS agrees that it shall be solely responsible for completion of the up -figail of the VA811 Unit after it acquires such property, which fit -up may be included in the design -build contract services. VUPS shall procure such construction services in accordance with the requirements of the Virginia Public Procurement Act. 23 Operation of the Joint Communications Center. 2.3.1 Upon completion of construction of the Joint Communications Center and acceptance of the work by the City, the City shall take all action necessary (i) as declarant to place the Property and the Joint Communications Center into a condominium in accordance with the terms and conditions of the agreements DRAFT s -8 -2017 approved by the City and VUPS in accordance with Section 2.1.1 of this Agreement; (ii) for such approvals and authorizations from Roanoke City Council to establish the condominium and sell the VA811 Unit to VUPS pursuant to the agreement referred to in Section 2.1.2 of this Agreement; and (iii) to take all other steps necessary to effectuate these transactions. 2.32 The City and VUPS agree that the condominium will be operated and managed in accordance with the terms and conditions of the Condominium Association. ARTICLE III SALE OF PROPERTY 3.1 In the event that either the City or VUPS elects to terminate development of the Joint Communications Center as provided in Article I of this Agreement, VUPS may purchase the Property from the City and the City agrees to sell the Property to VUPS, on the terms and conditions- set forth in this Article III. 3.2 Definitions. Unless the context otherwise specifies or requires, for the purpose of this Article 111, the following terms shall have the meanings set forth in this Section: VUPS's Proposal or Proposal: VUPS's Proposal refers to the VUPS's planned construction of an office facility on the Property, as set forth in a document entitled "Proposal to Purchase Tract 7 in the Roanoke Centre for Industry and Technology ", a copy of which is made a part hereof and marked as Exhibit D, together with such supplements, additions, and amendments thereto that VUPS shall make to provide additional details with respect to the Project. Such supplements, additions, and amendments shall be attached to this Agreement prior to Closing and shall be a part of this Agreement. Closin : The acquisition of the title to the Property by VUPS by City's delivery of a Special Warranty Deed to the Property to VUPS. Closing Date: The date provided for in Section 3.10.4 hereof for the Closing. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by VUPS. Commencement Date: The date on which VUPS certifies in writing to the City that VUPS has commenced Construction Activity to the reasonable satisfaction of the City, which date shall be no later than one hundred eighty (180) Days after closing. Contemplated Use: The development of the Property by VUPS for the purpose of developing an office facility, Substantially Completed not later than four hundred twenty (420) Days after closing. DRAFT 5 -8 -2017 Days: Unless otherwise stated, this term means consecutive calendar days Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, Article III of this Agreement, the Restrictive Covenant, and as set forth in the 'Title Commitment. The Deed shall also be subject to all obligations of VUPS under the terms of this Article III of this Agreement. Governmental Authority: Governmental Authority means the United States of America. the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the Center as contemplated in the Project. Permits and Approvals: All permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to VUPS and subject to no appeal. Plans or Plan: These terms mean the design plans and /or drawings and /or other documents as approved by the City of Roanoke Department of Planning. Building and Development. Project: This term means and includes the design, engineering, and construction of an approximately 12,000 - 18,000 square foot office facility, to be developed by VUPS in accordance with the Proposal, as well as any related and /or connected work that may be required and /or done on any part of the Property in addition to the building, all in accordance with the terms and provisions of this Article III of this Agreement. Purchase Price: An amount equal to (i) $297,000; and (ii) fifty percent (50 %) of the costs incurred in designing the Joint Communications Center (said share not to exceed $150,000), to be paid in immediately available funds of the United States from VUPS to the City. Restrictive Covenant: The restrictions in the Deed that require VUPS to 0) commence Construction Activity within one hundred eighty (180) Days after Closing; and (ii) Substantial Completion of Construction within four hundred twenty (420) Days after Closing. Substantial Completion Substantially Complete or Comnleted, or Substantial Conformance: Development of the Property by VUPS in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to VUPS from the City of Roanoke Department of Planning. Building and Development for the Project, as set forth in the Plans. DRAFT 5 -8 -2017 Title Commitment: A commitment for title insurance in favor of VUPS for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to VUPS. 3.3 Purchase and sale of Property. 3.3.1 Seller agrees to sell the Property to VUPS, and VUPS agrees to purchase, the Property from Seller, upon all the terms, covenants, and conditions set forth in Article III of this Agreement. 3.3.2 VUPS shall pay to the City the purchase price at Closing. 3.4 Conditions Prior To Closing. 3AT As a condition precedent to VUPS's obligation to purchase the Property or otherwise to perform any obligations provided for in this Agreement, the City, as of the Closing, shall have complied with the City's representations and warranties in Section 3.9 hereof, the fulfillment to VUPS's reasonable satisfaction of the City's delivery to VUPS on the Closing Date of title to the Property and other documents as prescribed in Section 3. 10, VUPS shall have obtained all Permits and Approvals, and VUPS shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 3.15. 34.2 As a condition precedent to the City's obligation to sell the Property or otherwise to perform any obligations provided for in this Article 111, VUPS, as of the Closing, shall have complied with VUPS's obligations, representations, and warranties in this Article III. 3.4.3 VUPS and /or the City may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other party's conditions precedent referenced in this Section 3.4, and VUPS's and the City's consummation of the transaction on the Closing Date shall waive all such conditions precedent. 3.4.4 In the event that the Closing has not occurred through no fault of the City on or before the Closing Date, the City, by written notice given to VUPS, shall provide VUPS with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of the City, the transaction contemplated in this Article III shall automatically be terminated without any further action. In the event of any termination as set forth above, this Article III shall be deemed terminated and of no further force and effect. DRAFT 5 -8 -2017 3.4.5 Upon the request of the City, VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to the City. If the City so requests, VUPS shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to the City without charge. Neither VUPS nor the provider of the report makes any representations or warranties to the City about such reports or opinions and the City may not rely on such information. 3.4.6 VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Article III, shall obtain, at their cost, any and all Permits and Approvals for such work. 3.5 The City's And VUPS's Obligations. 3.5.1 Obligations at Closing. 3.5.1.1 The City's Obligations. At the Closing, the City agrees to sell to VUPS the Property and deliver the Decd to VUPS in accordance with the terms of this Agreement. 3.5.1.2 VUPS's Obligations. VUPS agrees and promises that it will do and /or has done the following at Closing: (1) VUPS will purchase the Property from the City for the Purchase Price and will make payment in accordance with the terms of this Article 111. (ii) VUPS accepts the Property in an "AS IS" condition and acknowledges and agrees that the City makes no representations or warranties with respect to the Property other than what is contained within this Article 111. VUPS agrees that VUPS is taking the Property without any warranties or representations from the City and that VUPS has had sufficient opportunities to fully examine the Property, and that VUPS shall comply with all environmental and other laws in developing the Property. DRAFT 5 -8-2017 (iii) VUPS shall promptly pay for all advertising costs and any related fees or costs connected with sales transactions contemplated by this Article III and /or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. (iv) VUPS agrees that the conditions and obligations of VUPS under this Article III are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from the City to VUPS, shall survive Closing, and shall be binding on VUPS's successors and assigns. 3.5.2 Post - Closing Performance Obligations of VUPS. VUPS acknowledges and agrees that a part of the consideration for the City is VUPS's commitment to develop the Project in accordance with VUPS's Proposal and the performance of this commitment. VUPS agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Article III, 3.5.2.1 VUPS will develop the Property in accordance with VUPS's Proposal and Plans. Completion of this development shall be pursued diligently and timely by VUPS and VUPS shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 3.17. TIME SHALL BE OF THE ESSENCE. WITH RESPECT TO EACH AND EVERY OBLIGATION OF VUPS HEREUNDER. 3.5.2.2 VUPS shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of the City. For the purposes of this Agreement, "Construction Activity" shall mean: VUPS has hired a contractor or contractors to construct and complete the Project and that such contractor(s) has obtained the required building permits and licenses and is actively working on the Project and will continue to do so, subject to delays caused by events set out in Section 3.17, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach for which the City shall have its remedies, at law or in equity, together with its remedies as set forth in Section 3.14 hereof. 3.5.2.3 All design, engineering, demolition. and construction work necessary to complete the Project in accordance with VUPS's Proposal in accordance with the Plans shall be Substantially DRAFT 5 -8 -2017 Completed within four hundred twenty (420) Days after Closing. In the event that VUPS fails to Substantially Complete the Project in accordance with this Section, VUPS shall be in material breach for which the City shall have its remedies, at law or in equity, together with its remedies as set forth in Section 3.14 hereof. 3.52.4 VUPS agrees to and shall provide written progress reports (which may be by email) to the City's Assistant City Manager for Community Development four times a year, on the I" day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the City with sufficient information regarding VUPS's status as to performance of Post - Closing activities to meet the terms of this Article III and to alert the City to any issues, problems, or delays that VUPS has encountered or anticipates VUPS may encounter. 3.5.2.5 VUPS acknowledges and agrees that VUPS shall not sell, transfer, or otherwise dispose of the Property, any portion of the Property, or any interest in the Property, other than a deed of trust or mortgage in connection with the development acid construction of the Project, until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to VUPS for the Building, and, if required by the City, for the facility developed on the Property pursuant to the Plans. If VUPS conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or effect- and a breach of this Article BI. 3.5.3 Oblieations Survive Closina. VUPS agrees that the conditions and obligations of VUPS under this Article III are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from the City to VUPS, shall survive Closing, and shall be binding on VUPS's successors and assigns. These conditions and obligations of the VUPS which survive the Closing shall run with the land. Upon the written request of VUPS after satisfaction of one or more conditions or obligations by VUPS which survived the Closing, the City shall verify satisfaction of such conditions or obligations by VUPS and, upon verification, the City shall execute and deliver to VUPS a document in which the City acknowledges the satisfaction of such conditions or obligations of the VUPS which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of l0 DRAFT 5 -8 -2017 Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of VUPS specifically set forth in such document and shall further provide that all other conditions and obligations of VUPS (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by VUPS, the City shall provide a separate document following the satisfaction of each condition or obligation of VUPS hereunder. VUPS shall be responsible for the costs of recording each such document. 3.6 Compliance With Laws. VUPS agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. VUPS further agrees that VUPS does not, and shall not during the performance of this Article III knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 3.7 Indemnity. VUPS agrees to indemnify and hold harmless the City and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of VUPS or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Article III or any performance thereunder. VUPS's indemnity obligations hereunder shall be subject to the provisions of Section 3.15.2.3. 3.8 Easements. VUPS promises and agrees to grant and dedicate to the City and /or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on VUPS's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with VUPS's Proposal, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the City and /or the Western Virginia Water Authority. 3.9 Covenants And Warranties. DRAFT 5 -8 -2017 3.9.1 In addition to any representations and warranties contained elsewhere in this Article III, the City warrants and represents that the City will, in accordance with this Article 111, convey title to the Property in an AS IS condition and subject to any items of record. 3.9.2 The City further represents and warrants with respect to the Property that: 3.9.2.1 Title. The City has title to the Property subject to any restrictions of record. "I he City is the sole owner of the Property. 3.9.2.2 Condemnation. The City has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3.9.2.3 Special Taxes. The City has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 3.9.2.4 Hazardous Materials. The City makes no warranties or representations of any type regarding hazardous materials of any type. 3.9.2.5 No Leases. 'there are no leases of the Property. 3.9.2.6 Access. Ingress to and egress from the Property is available and provided through Blue Hills Circle, N.E. 3.10 Title And Closing. 3.10.1 Title to the Property shall be conveyed by the City to VUPS by Deed subject to the following: 3.10.1.1 Ad valorem real property taxes and stormwater utility fees for the current year, not yet due and payable; 3.10.1.2 Deed of Restriction to the Roanoke Centre for Industry and Technology, as amended, dated December 6, 1983, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia; 12 DRAFT 5 -8 -2017 3.10. L3 Those other matters of title to which VUPS has not objected to in writing; 3.10.1.4 Those matters reflected on the survey, if prepared by VUPS, to which VUPS has not objected to in writing, or, in the event that VUPS does not perform a survey prior to Closing, all matters that would be revealed by an accurate ground survey of the Property; 3.10.1.5 Easements, encumbrances, and other restrictions of record as of the date of execution of this Agreement by the City; 3.10.1.6 Liens and objections shown on the Title Commitment; 3.10.1.7 The Restrictive Covenant; 3.10.1.8 Other standard exceptions contained in a Title Policy as defined in Section 3.10.2 below; and 3.10.1.9 Those items and matters set forth in this Article III and that the obligations and undertakings of VUPS in this Article shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." 3.10.2 Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to VUPS its A.L.T.A. (Form R) Owner's Policy of Title Insurance (the "Title Policy ") insuring VUPS in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in VUPS subject only to the Conditions of Title. 3.10.3 VUPS and the City shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than sixty (60) days after satisfaction of all conditions set forth in Section 3. VUPS shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than one hundred twenty (120) Days after completion of inspections pursuant to Section 3.15 hereof, unless the City grants further extension periods. 13 DRAFT 5 -8 -2017 3.10.4 The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by VUPS and the City. 310.4.1 On the Closing Date, the City shall deliver or cause to be delivered to VUPS the following documents: G) Its duly executed and acknowledged Deed conveying to VUPS the Property in accordance with the provisions of this Article 111; (ii) A mechanic's lien affidavit executed by a representative of the City, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by the City in the 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; (iii) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the City, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of the City in connection with its sale of the Property; (iv) A duly executed counterpart of a Closing Statement; and (v) Any other items required to be delivered pursuant to this Article III or other items reasonably required by the "title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. 3.10.5. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with VUPS being responsible for all periods thereafter. 3.10.6 VUPS shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to VUPS; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. 14 DRAFT 5 -8-2017 3.10.7 The City shall pay the Grantor's tax, if any, and the expenses of legal counsel for the City, if any. 3.10.8 Exclusive possession of the Property shall be delivered to VUPS on the Closing Date, subject to the provisions of this Article III. 3.11 Condemnation 'the City has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, VUPS shall be promptly notified thereof in writing and within twenty (20) Days after receipt of written notice to VUPS, VUPS may by written notice to the City elect to cancel the transactions contemplated by this Article III prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon the transactions contemplated by this Article III shall be deemed terminated and of no further force and effect. If no such election is made by VUPS to cancel the transactions contemplated by this Article III, Article III shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, the City shall assign, transfer, and set over to VUPS all of the right, title, and interest of the City in and to any awards that have been or that may thereafter be made for any such taking or takings. 3.12 Risk Of Loss. Risk of Loss by fire or other casualty shall be upon the City until Closing is completed, except if such loss is the result of acts or omissions of VUPS or VUPS's employees, agents, contractors, or representatives, in which case such loss shall be VUPS's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Agreement by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and the City shall not be liable to VUPS for any failure to deliver the Property to VUPS. 3.13 Commissions. The City and VUPS each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. The City and VUPS warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and VUPS or the City with respect to the transaction contemplated by this Article III. VUPS agrees to indemnify the City against and to hold it harmless from any claim, loss, cost, or 15 DRAFT 5 -8 -2017 expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. 3.14 Remedies. 3.14.1 In the event VUPS shall have fully performed or tendered performance of its duties and obligations hereunder, but the City fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, VUPS's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to VUPS, at law or in equity, are hereby expressly waived by the VUPS except as otherwise specifically stated in this Article III. 3.14.2 Should VUPS fail to (i) commence Construction Activity by the Commencement Date, as described in Section 3.5.2.2 or (ii) Substantially Complete the Project as described in Section 3.5.2.3, VUPS shall pay to the City an amount of $65,604, which amount is the difference between the Purchase Price and the current market value of the Property at $55,000 per acre, or a total market value of $362,604. 3.15 Right Of Entry And Inspection Period. 3.15.1 VUPS shall have ninety (90) Days following the date on which either party terminates the development of the Joint Communications Center as set forth in this Agreement to complete VUPS's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the VUPS's use of the Property. Should VUPS determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in VUPS's sole and absolute discretion, VUPS may terminate the transactions contemplated by this Article 111 by notifying the City in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of VUPS's decision to terminate. In such case, this Article III shall thereupon be terminated and of no further force and effect, unless the City and VUPS mutually agree to modify this Article III to address any such issues. 3.15.2 In connection with the VUPS's ability to conduct its due diligence review mentioned above the City hereby grants to VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice to the City, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase 11 Environmental Assessments, or geotechnical assessments, or nondestructive engineering 16 DRAFT 5 -8 -2017 evaluations of the Property, and to store VUPS's property and equipment, upon the following terms and conditions: 3.15.2.1 If the VUPS exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section, the City may immediately revoke this right of entry. 3.15.2.2 VUPS agrees to be responsible for any and all damages resulting from the activity or activities of VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. VUPS shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property if VUPS does not purchase the Property. 3.15.2.3 VUPS agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of VUPS in connection with this right of entry, including, but not limited to, VUPS's use of the Property in violation of any provision of this Agreement, claims relating to the storage of property by VUPS on the Property, or the exercise of any right or privilege granted by or under this Section. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, VUPS, upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the City or any of its 17 DRAFT 5-8-2017 officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with VUPS, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then VUPS will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. VUPS's indemnity obligations hereunder are conditioned upon the indemnified party: (i) promptly notifying VUPS of any claim in writing; (ii) cooperating with VUPS in the defense of the claim; and (iii) granting VUPS sole control of defense or settlement of the claim at the sole cost and expense of VUPS. 3.15.2.4 VUPS shall, within a reasonable period of time after its receipt of any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, deliver or cause to be delivered copies of same to the City. If the City so requests, VUPS shall also mm over copies of raw data obtained and any laboratory and observation reports or analyses. Said copies shall be provided to the City without charge. 3.15.2.5 VUPS shall comply with, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. VUPS shall obtain, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section and any and all permits therefore at their expense. 3.15.2.6 VUPS shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. 18 DRAFT 5 -8 -2017 Any required insurance shall be effective prior to the beginning of any work or other performance by VUPS under this Section. The following policies and coverages are required: (i) Commercial General Liability, Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of VUPS's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering VUPS's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employces engaged in work under this Section 3. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work Linder Section 3.15.2.6 and shall be written on an occurrence basis. 19 DRAFT 5 -8 -2017 3.15.2.7 The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by VUPS to the City. 3.15.2.8 All insurance shall also meet the following requirements: VUPS shall furnish the City appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; certificates of insurance shall include any deductible amounts; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is required with respect to any policy or insurance required, such waiver shall be specified; insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. VUPS shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above required insurance coverage. 3.16 Conflict Between Plans And Contract Terms. The City and VUPS agree that the provisions of the Plans and other documents provided by VUPS to the City are intended to be consistent with the terms of this Article III. However, if any of documents supplied by VUPS and /or the Plans are in conflict with the terms of this Article III, the parties agree that the terms of this Article III shall control, unless the parties mutually agree otherwise in a writing signed by both parties. 3.17 Force Maieure. 20 DRAFT 5 -8 -2017 Neither shall t ray t performa ce under th be in default s Art cle III I£ such delay or f ilureear arises by nr asonbeyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay to transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Article III. For purposes of this Article III, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 Days after the date such claiming party learns of or reasonably should have known of' such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. ARTICLE IV GENERAL PROVISIONS 4.1 Assignment. VUPS agrees not to assign or transfer any part of this Agreement without the prior written consent of the City, which will not be unreasonably withheld, and any such assignment shall not relieve VUPS from any of its obligations under this Agreement. 4.2 Forum Selection And Choice Of Law. By virtue of entering into this Agreement, VUPS agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. VUPS further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. 43 Notices. 21 DRAFT 5 -8 -2017 All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to the City: City of Roanoke, ATFN: City Manager 364 Noel C. 'Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540-853-2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540-953-1213 If to VUPS: Virginia Utility Protection Service, Inc. ATfN: Richard F. Pevarski, President /CEO 1829 Blue Hills Circle, N.E. Roanoke, VA 24012 With a Copy to: Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. 4.4 Time. Time is of the essence in the performance of the parties' respective obligations in this Agreement. 4.5 Successors And Assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4.6 Counterpart Conics. 22 DRAFT 5 -8 -2017 This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. 4.7 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 4.8 Severability And Survival. If any term of this Agreement is found to be invalid, such invalidity shalt not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend for the provisions of this Agreement to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. 4.9 Cooperation. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 4.10 Authority To Sian. The persons who have executed this Agreement on behalf of the parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 4.11 Nonwaiver. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the non- defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Agreement or by law. 4.12 Faith Based Organizations. 23 DRAFT 5 -8 -2017 4.13 Nondiscrimination. During the performance of this Agreement, VUPS agrees as follows: 4.13.1 VUPS 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 VUPS. VUPS agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 4.13.2. VUPS in all solicitations or advertisements for employees placed by or on behalf of VUPS will state that VUPS is an equal opportunity employer. 4.13.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 4.13.4 VUPS will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 4.14 Drug -Free WnrkDiaee. During the perfomtanee of this Agreement, VUPS agrees to (i) provide a drug -free workplace for VUPS'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; (iii) state in all solicitations or advertisements for employees placed by or on behalf of VUPS that VUPS 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. 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 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 a contract. 24 DRAFT 5 -8-2017 4.15 VUPS shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. VUPS shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Agreement. The City may void the Agreement if VUPS fails to remain to compliance with the provisions of this section. 4.16 Entire Contract. This Agreement, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Agreement and the exhibits hereto. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW 25 DRAFT 5 -8 -2017 IN WITNESS WHEREOF, VUPS and the City have executed this Agreement by their authorized representatives. ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By R Brian Townsend, Acting City Manager The foregoing instrument was acknowledged before me this _day of , 2017, by R. Brian Townsend, Acting City Manager for the City of Roanoke. Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: WITNESS /ATTES'C COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: Public SEAL VIRGINIA UTILITY PROTECTION SERVICE, INC. By Richard F. Pevarski, Pres /CEO The foregoing instrument was acknowledged before me this _day of , 2017, by Richard F. Pevarski, President/CEO of Virginia Utility Protection Service, Inc., a Virginia corporation, for and on behalf of Virginia Utility Protection Service, Inc. My commission expires: Notary Public SEAL. 26 DRAFT 5 -8 -2017 Approved as to Form: Approved as to Execution: City Attorney Assistant City Attorney Authorized by Ordinance No. 27 DRAFT 5 -8 -2017 EXHIBIT A DESCRIPTION OF PROPERTY Roanoke Official Tax Man No 7280104 BEING 'New Tract 6B -IA, (6.591 acres) as shown on Plat Showing the Subdivision of Tract `6B -1 ", (33.803 Acres.) Roanoke Centre for Industry and Technology Map Book 1, Page 1324 being the Property of City of Roanoke, Virginia Deed Book 1493, Page 830 Creating Hereon New Tract 6B -IA (6.591 Acres) and Tract 6B -IB (27.220 Acres) ", made by Lumsden Associates, P.C.- dated October 6, 2000, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book 1, Page 2166 -2167; and BEING a portion of the property conveyed to the City of Roanoke, Virginia by deed dated September 23, 1983 from Nancy D. Goss and L. W. Goss, her husband, and James F. Douthat and Ann T. Douthat, his wife, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1493, Page 830. 28 DRAFT 5 -8 -2017 EXHIBIT B November 8, 2016 Letter 29 OFFICE OF THE CITY MANAGER ' Noel C, laylor Muniripi Building ' �` u5 Church Avenue, SW, Room 9G4 Roanoke, Vlrgmno 2/,011 ROANOKE s, ° ° manol<evaa`,3., �- .gov November 8, 2016 Virginia Utility Protection Service, Inc. ATTN: Richard F. Pevarski. President /CEO 1829 Blue Hills Circle, N.E. Roanoke, VA 24012 Re: 'tract 7 in the Roanoke Centre for Industry and Technology Dear Rick, This letter will confirm our discussions and understandings regarding the development of a proposed joint communications center (Facility) for (i) the 811 Center to be operated by Virginia Utility Protection Service, Inc. 11); and (ii) the E -911 Center to be operated by the City of Roanoke (City). 'Ihe City will solicit proposals for the design/build of the proposed Facility to be located on certain real property situated at 0 Blue dills Circle, N.E., Roanoke, Virginia 24012, Official Tax Map No. 7280104, containing approximately 6.5928 acres (Property). Based on the foregoing, the City will implement the following process for the solicitation of proposals for the design/build of the Facility and the process under which the parties may accept a proposal: A. Solicitation of request for qualifications for the design/build of the Facility. Based upon our initial discussions, the City has prepared a request for qualifications for the design/build of the Facility (RFQ). The RFQ shall include a description of the proposed Facility. The City's Design/Build process is a two -step qualifications -based competitive negotiation process as authorized by Section 2.2 -4308 of the Code of Virginia and City of Roanoke Ordinance No. 39922 - 050514 governing the selection, evaluation, and uward of design -build contracts. The RFQ shall request Statements of Qualifications (SOQ) from Offerors to provide Design -Build services for the Facility. 'hhe period of RFQ shall be for a period of approximately 30 days. The City and VA811 shall establish a committee (Committee) to review proposals received pursuant to the RFQ. The Committee shall include 2 members appointed by the City and 2 members appointed by VA811, The Committee shall review each SOQ and Offerors will be evaluated for prequaffication for the second step of the design -build competitive negotiation process, the Request for Proposals, on the basis of those fully qualified and suitable to meet the requirements of this RFQ. The City's Purchasing Division shall be responsible for distribution of the RFQ and collection of all proposals from responsible Offerors. 4. Prior to meeting to review any proposal, each member of the Committee will execute a loon setting forth the responsibilities of committee members in evaluating proposals. This form will include a confidentiality and nondisclosure provision and a requirement that each member of this evaluation committee disclose any conflicts of interest, as conflicts of interest is defined in Sections 2.2 -3100, et seq., Code of Virginia (1950), as amended. B. Solicitation of request for proposals for the design /build of the Facility. Prequalified Offerors that are selected will be invited to respond to a Request for Proposals (RFP) that is prepared by the City's Purchasing Manager or designee. The period of RFP shall be for a period of approximately 30 days. The Committee shall review and rank each proposal. 3. After the recommendation of the Committee, the City shall enter into a contract with the Design /Build Team who is fully qualified and has been determined to have provided the best value in response to the RFP and whose proposal is deemed to be in the best interest of the City and VA811. C. Design/build Contract. The first phase of the Contract will provide for a schematic phase which will produce a 30% design so that an initial cost estimate can be developed (First Phase). The estimated cost for the First Phase is not to exceed $300,000. VA811 will participate in the First Phase and contribute 50% of the First Phase design costs incurred pursuant to the Contract. VA811 shall make such payment to the City within ten (10) days after VA811 receives an invoice from the City. Upon completion of the First Phase, the City and VA811 may mutually agree to proceed to the second phase of design and construction, with cost of the design and construction of the Facility to be shared based on the proportional share of each party's respective center. In the event the City and VA811 mutually agree to proceed, the parties shall enter into such other agreements as may be necessary to reflect their agreement. 3. Upon completion of the First Phase, either VA811 or the City may terminate the process if such party determines, in its reasonable judgment that the design of the project does not satisfy its objectives, and, if the joint project is terminated, VAS 1I may purchase the Property upon terms and conditions to be set forth in an agreement between the parties. The City shall submit the proposed sales agreement to Roanoke City Council for approval, after public hearing, in accordance with applicable law, and the costs of advertising shall be paid by VA811. 4. If VA811 and the City decide to proceed with construction, then the facility is constructed and, upon completion of the structure, the City shall transfer the Facility and the Property into it condominium consisting of two (2) units, one unit to be constructed for the VA811 operations (VA811 Unit) and the other unit for the F. -911 operations (E -911 Unit), together with common elements and limited common elements and such other conditions, restrictions and agreements acceptable to the City and VA811. VA811 shall purchase the VA811 Unit, upon terms mutually agreed to by the City and VA811, subject to review and approval by Roanoke City Council. 5. Following acceptance of this letter proposal by VA811, the City will prepare an agreement between VAS I and the City that will set forth the details of this proposed project, including the right of VA811 to acquire the Property if either the City or VA811 terminates development of the proposed project at completion of the First Phase. Stich agreement shall be subject to upproval of Roanoke City Council after notice and a public hearing. Please review this letter agreement for the development of the proposed Joint Communications Center. Please acknowledge your acceptance and agreement of the terns of this letter agreement by executing and dating below and returning a complete executed copy to me. Please let me know if you have any questions. CIT� E, VIRGINIA By I Chnt9ph r orrill, City Manager Cc: R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Wayne Bowers, Director, Department of Economic Development Phil Schirmer, City Engineer Roy Memkow, Director of Technology Daniel J. Callaghan, City Attorney Laura M. Carini, Assistant City Attomey The undersigned confirms, agrees to, and accepts the terms and conditions of this letter agreement. VIRGINIA UTILITY PROTFCTION SERVICE, INC. By- C Richara F. Pevarski,"Pres /CEO DRAFT 5 -8 -2017 EXHIBIT C RFQ 17 -04 -06 30 CITY OF ROANOKE, VIRGINIA REQUEST FOR QUALIFICATIONS FOR DESIGN -BUILD SERVICES FOR A PUBLIC - PRIVATE PARTNERSHIP COMMUNICATIONS CENTER RFQ NUMBER 17 -04 -06 OPENING DATE: November 29. 2016 OPENING TIME 2:00 P.M. The Request for Qualifications and related documents may be obtained during normal business hours from the Purchasing Division located in the Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Room 202, Roanoke, VA 24011. This document may be viewed and /or downloaded from the City of Roanoke Purchasing Division's Vendor Self Service website at https / /vss.roanokeva.gov or from the Purchasing Division's website at www.roanokeva.gov/purchasing. If you have any problems accessing the documents, you may contact Purchasing at (540) 653 -2871 or purchasing@roanokeva.gov. THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH -BASED ORGANIZATIONS DATE of RFQ: November 29, 2016 Project RFQ 17 -04 -06 Design-Build Services for a Revised 12/2015 Potak-P,aate PancershiP Communications Center Page 1 of 23 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No 17 -04 -06 Issue Date October 28 2016 Commodity Code' 90625, 90610, 91223, 90638, 90607, 90735, 90930, 90924, Title. Design -Build Services for a Public-Private Partnership Communications Center Issued By. City of Roanoke Purchasing Division Noel C. Taylor Municipal Building 215 Church Ave., SW, Room 202 Roanoke, VA 24011-1517 Phone (540) 853 -2871 FAX (540) 853 -1513 Email: Simone.Knowles @roanokeva.gov Sealed statements of qualifications will be received on or before 2:00 P.M., Tuesday, November 29, 2016 for furnishing the services and /or items described herein. The time of receipt shall be determined by the time clock stamp in the Purchasing office. If statements of qualifications are mailed, send directly to the Purchasing Division at the address listed above. If hand delivered, deliver to Purchasing Division at Noel C. Taylor Municipal Building, 215 Church Ave., SW, Room 202, Roanoke, VA. A non - mandatory pre - qualifications conference will held at 10:00 a.m. on Friday, November 4, 2016 in the Emergency Operations Center (EOC), Room 159, Noel C. Taylor Municipal Building, 215 Church Ave., SW, Roanoke, VA 24011. THIS PUBLIC BODY DOES NOT DISCRIMINATE AGAINST FAITH -BASED ORGANIZATIONS. The City reserves the right to cancel this RFQ and /or reject any or all statements of qualifications and to waive any informalities in any statement of qualification. Project RFC 17 -04 -06 Design -Build Services for a Revised 1212015 Public- Private Partnership Communications Center Page 2 of 23 TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS NO. 17 -04 -06 Design -Build Services for a Public- Private Partnership Communications Center INTRODUCTION.............................................................................. ............................... 4 SECTION 1. PURPOSE.... ........................................... .... .... ......... 6 SECTION 2. BACKGROUND /DESCRIPTION OF PROJECT ........... ..............................6 SECTION 3. INSTRUCTIONS TO OFFERORS ................................ ..............................6 SECTION 4. MISCELLANEOUS ....................................................... ..............................8 SECTION5. PROTESTS ............................................................... ............................... 10 SECTION 6. EVALUATION CRITERIA ........................................... ............................... 10 SECTION 7. QUALIFICATION AND SELECTION PROCESS ....... ............................... 11 ATTACHMENTA. OWNER FURNISHED DATA ................... ............................... 12 ATTACHMENT B. STATEMENT OF QUALIFICATIONS- ................. - ................... 17 Project: RFg 17 -0406 Design -Build Services for a Revised 192015 Public- Private Partnership Communications Center Page 3 of 23 CITY OF ROANOKE, VIRGINIA REQUEST FOR QUALIFICATIONS FOR Design -Build Services for a Public- Private Partnership Communications Center RFQ NUMBER 17 -04 -06 INTRODUCTION The City of Roanoke, Virginia, is requesting Statements of Qualifications (SOQ) from Offerors to provide Design -Build services for a Public- Private Partnership Communications Center( combined E 911 VA 811 call center) located on an vacant site at Blue Hills Circle, NE (Parcel 7280104) in the Roanoke Centre for Industry & Technology, off Orange Avenue (Route 460), Roanoke, VA 24018, in accordance with all terms, conditions, and specifications as set out in this Request for Qualifications (RFQ). This is a two -step qualifications -based competitive negotiation process as authorized by Section 2.2 -4308 of the Code of Virginia and City of Roanoke Ordinance No. 39922 - 050514 adopting written procedures governing the selection, evaluation, and award of design -build contracts. Qualified Offerors will be invited to submit proposals for the second step of this process. The primary objective on the part of the City and its private partner in utilizing the design -build approach is to reduce the delivery schedule for this project by supporting concurrent construction activity with the design process to ensure completion of a new joint E -911 / VA811 communications facility. The RFQ and related documents may be obtained during normal business hours from the Purchasing Division, (540) 853 -2871. This document may be viewed and /or downloaded from the City of Roanoke Purchasing Division's Vendor Self Service website at https: / /vss. roanokeva.gov or from the Purchasing Division's website at www.roanokeva. gov /purchasing. If you have any problems accessing the documents, you may contact Purchasing at (540) 853 -2871 or purchasing @roanokeva.gov. As part of the Offeror's team, all Offerors must have: (1) a Virginia licensed Class "A" contractor; (2) an Architect or Engineer registered in the Commonwealth of Virginia; and (3) a firm that provides 9 -1 -1 subject matter expertise and consulting support. The Design Build Team members (Architect or Engineer, General Contractor and communications specialty firm) must each have a minimum of five years of experience in delivering projects of similar size and complexity. Statements of Qualifications, to be considered and evaluated, must be sealed and received on or before 2:00 p.m. on Tuesday, November 29, 2016 in the Purchasing Division, City of Roanoke, Noel C. Taylor Municipal Building, 215 Church Ave., SW, Room 202, Roanoke, VA 24011. Statements of Qualifications appropriately received will be opened at this time. Statements of Qualifications received after 2:00 p.m. will not be accepted or considered. The time of receipt shall be determined by the time clock stamp in the Purchasing Office, or if it is not working, such time shall be determined by the Purchasing official who is to open the Statements of Qualifications. Faxed or e- mailed SOO are not acceptable. If the Noel C. Taylor Municipal Building is closed for business at the time scheduled for the SOO opening, the sealed SOO will be accepted and opened on the next business day of the City, at the originally scheduled hour. Each SOQ, one (1) original and five (5) copies, must be appropriately signed by an authorized representative of the primary Offeror, and must be submitted in a sealed envelope or Project. RPo 17 -04 -06 Design -Build Services fora Revised 12/2015 Public- Private Partnership Communications Center Page 4 of 23 package. The notation "Design -Build Services for a Public- Private Partnership Communications Center, RFQ No. 17- 04 -06" and the specified opening time and date must be clearly marked on the front of that sealed envelope or package. A removable media storage device containing one (1) digital copy of the SOO must be included in the proposal packet. The City of Roanoke, Virginia, and its officers, employees or agents will not be responsible for the opening of an SOO envelope or package prior to the scheduled opening if that envelope or package is not appropriately sealed and marked as specified. The City of Roanoke, Virginia reserves the right to cancel this RFQ and /or reject any or all statements of qualifications, to waive informalities in any SOO, and to qualify any Offeror whose statement of qualifications is, at the sole discretion of the City of Roanoke, determined to be in the best interest of the City. Qualification evaluation will be accomplished in accordance with this RFQ and Sections 2.2- 4308, et seg., of the Code of Virginia and City of Roanoke Ordinance No. 39922 - 050514 adopting written procedures governing the selection, evaluation and award of design -build contracts. An evaluation committee will evaluate each responding Offeror's statement of qualifications and any other relevant information and shall determine which Offerors are fully qualified and suitable for the project. The RFQ evaluation shall result in a short list of two (2) to five (5) Offerors to receive a Request for Proposal (RFP). Inquiries regarding this RFQ, procurement procedures, and /or SOO submission shall be directed to the Purchasing Manager at (540) 653 -2871. This RFQ consists of this Introduction, seven (7) numbered sections, and the attachments hereto. If you download this RFQ from the City website and intend to submit a statement of qualifications, you should notify Purchasing that you have done so. However, each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the documents, including any addenda, before submitting an SOO. The City is not responsible for any RFQ obtained from any source other than the City. Contact Purchasing by phone at (540) 853 -2871, by fax at (540) 8531 -1513, or by email at purchasing(aroanokeva.gov. Respectfully, Simone Knowles, VCO Purchasing Manager Date: October 28, 2016 Project RFQ 17 -04 -06 Design-Build Services for a Revised 1212015 Public- Private Partnership Communications Center Page 5 of 23 City of Roanoke, Virginia Request for Qualifications No. 17 -04 -06 Design -Build Services for a Public- Private Partnership Communications Center SECTION 1. PURPOSE The purpose of this Request for Qualifications (RFQ) is to request Statements of Qualifications (SOQ) from Design -Build teams to provide planning, design, construction and other related and required services for a new communications facility to be constructed on a vacant parcel of land located on Blue Hills Circle (parcel 7280104) in the Roanoke Centre for Industry & Technology, off Orange Avenue (Route 460), in Roanoke, Virginia, 24018. This project will employ the design -build procurement process to encourage a creative, problem solving approach through interactive efforts of an experienced, highly motivated public - private partner Design - Build Team. The design -build process will foster a cooperative owner- designer- contractor effort to identify potential value enhancement concepts throughout the design and construction process. SECTION 2. BACKGROUNDIDESCRIPTION OF PROJECT. The City of Roanoke and its private partner, Virginia Utility Protection Service (VUPS), or Virginia 811 (formerly called "Miss Utility of Virginia "), have entered into an agreement that will result in the design and construction of a new emergency (E -911) call center, and a "one call" Virginia communications center for excavators, contractors, property owners, anyone planning any excavation or demolition. Virginia 811 is a private, not - for - profit, organization that was created by Virginia's utilities to protect their underground facilities. This public - private partnership is seeking statements of qualifications (SOQ) from Design -Build Teams to provide a new building and all related and required site work that will provide facilities ideally suited to the needs of an E -911 call center, to those of a "one call" communications center, and to share and jointly use facilities within the building that would be common to both entities. As envisioned, the building will provide floor space sufficient to accommodate both the E -911 and VA811 centers and their shared spatial needs. Of its own initiative, each entity undertook a programming and planning study that resulted in the schematic design of a new E -911 building with 11,500 sq. ft. of gross floor space and a VA811 building providing approximately 18,400 gross sq. ft. of floor space. If combined, the total floor area of both facilities would approximate 30,000 gross sq. ft. Both parties believe that the ability to share common space will result in a footprint smaller than the total area previously mentioned, and the prospect of redundant use of certain life - safety systems and larger items of equipment such as back -up generators further encourages such a public - private partnership. The new building is intended to be one -story in height, however, some discussions have indicated a possible need to design a portion of the structure to accommodate a Project: RFQ 17 -04 -06 Design-Build S for a Re,sed 122015 Public-Private P rt a sh' Co,,r,,un,c.to,a Center Page 6 of 23 future second floor. The new building is to be designed and constructed such that it can achieve a life expectancy exceeding 50- years. The Successful Design Build Team is expected to provide all services necessary to provide a complete and fully functional E -911 and VA811 communications center. The expected work includes, but is not limited to, architectural design services in sufficient detail to support construction activities and to gain all applicable regulatory approvals, constructions services, including all labor, equipment and materials; special inspections; surveying and geotechnical services; testing, and project management services. Each Design Build Team shall also include a consultant that specializes in providing NG911 consulting, PSAP consolidation planning, and mobile radio design services inherent in and essential to modern day emergency communications facilities. The electronic interface involving computers, radio, CAD systems, etc. required between the proposed facility and the City's existing E -911 facility downtown, the emergency communications centers of other adjoining communities, and several mountain repeaters around the Valley necessitate the presence and involvement of such a specialty consultant. The building shall be designed and wired to accommodate proposed communications and information technology required internally within the building. Supporting information technology infrastructure including switches, routers, servers are not part of the project scope and will be provided by others. Prospective Offerors are encouraged to review the documents found under Attachment A to this RFQ, "Owner Furnished Data." Under that attachment are found two pages that show the physical location of the property, one page that indicates programming data specific to the City's emergency E -911 communications center, and two pages that show the conceptual floor plans that were previously developed for each of the E -911 and VA811 centers by the respective owners. The public - private partnership has agreed that the Successful Design Build Team to which is awarded a Contract for the Schematic Phase services described herein will be compensated the a sum not to exceed Three Hundred Thousand Dollars ($300,000) for the work and services requested in this RFQ for the preliminary design of a combined E -911 and VA811 communications center. These services will include, but not necessarily be limited to, the following: • Review and refine of all programming needs required for the two entities. • Identification of those of program needs specific to each entity, and those that can be shared in a joint -use facility. • Analysis of the site to include vehicular access points, parking needs for each entity (secure and non - secure) as well as joint -use (shared) parking, and service drives; secure and non - secure fencing systems; location and recommendation for a tower and the communications - related equipment mounted thereon; walks, to include a path internal to the site paved for walkers, outdoor social zones /patio, recommendations related to stormwater management and E &S regulations, and other similar site features mandated by codes and regulations. Development of a preliminary design document package to include drawings that illustrate the concepts being put forth and solutions recommended that address the project needs; a narrative of the project solution and outline specifications Project: RFQ 17-04 -06 Design -Build Services for a Revised 1212015 Public- Private Partnership Communications Center Page 7 of 23 describing the building, its systems and site work; and defining a Guaranteed Maximum Price (GMP) project budget identifying all costs required for the building, site, equipment, fees, miscellaneous services and expenses, etc. Development of design document package to include drawings that more fully and completely illustrate the more detailed design proposed for the building and site; a detailed narrative of the project along with outline specifications that describe and quantify the building, its systems and all site work; and an updated project budget that identifies all costs required for the building, site, equipment, fees, miscellaneous services and expenses, etc. At the public - private partnership's sole discretion, it retains the right to negotiate an amendment to the Contract between it and the Successful Design Build Team to proceed with full and complete design and construction services as needed to build the project that were initially developed through this preliminary design phase. Given the unique role envisioned for this E -911 / VA811 communications center, the public - private partnership also retains the right, at its own discretion, to further expand the project scope to secure goods and services related to furniture and equipment, to include CAD consoles and systems required for either one or both communications centers. SECTION 3. INSTRUCTIONS TO OFFERORS. A. Statements of Qualifications must be submitted in accordance with the instructions and requirements contained in this RFQ, including the Introduction. Failure to do so may result in the SOQ being considered non - responsive and it may be rejected. An Offeror must promptly notify the Purchasing Division of any ambiguity, inconsistency, or error which may be discovered upon examination of the RFQ. An Offeror requiring clarification or interpretation of this RFQ should contact the Purchasing Manager at (540) 853 -2871. B. Until such time that an award is published, direct contact with any City employee without the expressed permission of the Purchasing Manager or her designated representative, on the subject of this RFQ, is strictly forbidden. Violation of this Instruction may result in disqualification of Offeror's SOQ. C. Prospective Offerors, sometimes referred to as providers, operators, contractors, consultants, or vendors, are to address the criteria below, at a minimum, as part of its submitted SOQ. Wherever the word "Offeror" is used in this RFQ, it shall mean each or any of the individuals, firms, partnerships, corporations or Teams, submitting a primary Statement of Qualifications for this RFQ. D. Prospective Offerors must complete and return Attachment B (Statement of Qualifications) along with any additional requested information. Each SOQ should include a transmittal letter identifying the prime Proposer and introducing the proposed Design -Build Team members. Briefly summarize the Team's background and any distinguishing qualities or capabilities that uniquely qualify the Team for this project. Project: RFD 17 -04 -06 Design -Build services for a Revised 12/2015 Public- Private Partnership Communications Center Page 8 of 23 E. Responses to this RFQ must be in the prescribed format (Attachment B). A removable media storage device containing one (1) digital copy of the SOO must be included in the proposal packet. F. The City may request additional information, clarification, or presentations from any of the Offerors after review of the Statements of Qualifications received. G. The City has the right to use any or all ideas presented in reply to this RFQ, subject only to the limitations regarding proprietary/confidential data of Offeror. H. The City is not liable for any costs incurred by any Offeror in connection with this RFQ or any response by any Offeror to this RFQ. The expenses incurred by Offeror in the preparation, submission, and presentation of the SOO are the sole responsibility of the Offeror and may not be charged to the City. I. Only the City will make news releases pertaining to this RFQ. J. Each Offeror who is a stock or nonstock corporation, limited liability company, business trust, or a limited partnership or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law. Each such Offeror shall include in its SOO response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its SOQ response a statement describing why the Offeror is not required to be so authorized. (See Va. Code Section 2.2- 4311.2). K. Each Offeror is required to state if it has ever been debarred, fined, had a contract terminated, or found not to be a responsible bidder or Offeror by any federal, state, or local government, and /or private entity. If so, please give the details of each such matter and include this information with the SOO response. SECTION 4. MISCELLANEOUS. A. Ownership of Material - Ownership of all data, materials, and documentation originated and prepared for the City pursuant to the RFQ shall belong exclusively to the City and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court. However, the Offeror must invoke the protection of Section 2.2- 4342(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICALLY identify the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as Project RFQ 17-04 -06 Design-Build Services for a Revised 12/2015 Public-Private Padnersh'p Communications Center Page 9 of 23 highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire SOQ document, line item prices, and /or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the SOO. B. As this is a RFQ, no information regarding the SOO records or the contents of responses will be released except in accordance with Section 2.2 -4342 of the Code of Virginia. Once an award has been made from the resulting RFP, all SOO documents will be open to public inspection subject to the provisions set forth above. C. Any interpretation, correction, or change of the RFQ will be made by an addendum. Interpretations, corrections or changes of this RFQ made in any other manner will not be binding and Offerors must not rely upon such interpretations, corrections, or changes. The City Purchasing Division or its designee will issue Addenda. However, each Offeror is solely responsible for ensuring that such Offeror has the current, complete version of the RFQ documents, including any addenda, before submitting an SOQ. The City is not responsible for any RFQ obtained from any source other than the City. D. No Offeror shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. E. The City may make investigations to determine the ability of the Offeror to perform or supply the services and /or items as described in this RFQ. The City reserves the right to reject any SOQ if the Offeror fails to satisfy the City that it is qualified to carry out the obligations of the proposed project. F. The successful Offeror must comply with the nondiscrimination provisions of Virginia Code Section 2.2 -4311, which are incorporated herein by reference. G. The successful Offeror must comply with the drug -free workplace provisions of Virginia Code Section 2.2 -4312, which are incorporated herein by reference. H. It is the policy of the City of Roanoke to maximize participation by minority and women owned business enterprises in all aspects of City contracting opportunities. I. The successful Offeror shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations. The successful Offeror shall not during the performance of any resultant contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. J. Providers of any outside services shall be subject to the same conditions and requirements as the successful Offeror in regards to law, code, or regulation Project: RFQ 17 -04 -05 Design -Build Services for a Revised 1212015 Pubrc -Pr vate Padnersh o Communications Center Page 10 of 23 compliance. The City reserves the right of approval for any subcontract work, including costs thereof. K. Ethics in Public Contracting. The provisions, requirements, and prohibitions as contained in Sections 2.2 -4367 through 2.2 -4377, of the Virginia Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this RFQ. L. Conflict of Interests Act. The provisions, requirements, and prohibitions as contained in Sections 2.2 -3100, et seg., of the Virginia Code are applicable to this RFQ. M. The procurement provisions of the Code of the City of Roanoke (1979), as amended, Sections 23.2 -1, et sea., as well as the City Procurement Manual, apply to this RFQ, unless specifically modified herein. The City's Procurement Manual can be reviewed at the Purchasing office. N. Insurance Requirements: Successful Offeror, and any of its subcontractors, shall, at its sole expense, obtain and maintain during the life of the resulting Contract the insurance policies and /or bonds required. Any required insurance policies and /or bonds shall be effective prior to the beginning of any work or other performance by successful Offeror, or any of its subcontractors, under any resultant Contract. All such insurance shall be primary and noncontributory to any insurance or self- insurance the City may have. SECTION 5. PROTESTS. Any Offeror who wishes to protest or object to any prequalification made or other decisions pursuant to this RFQ may do so only in accordance with the provisions of Sections 2.2 -4357, 4358, 4359, 4360, 4363, and 4364 of the Code of Virginia, and only if such is provided for in such Code section. Any such protest or objection must be in writing signed by a representative of the entity making the protest or objection and contain the information required by the applicable Code Sections set forth above. Such writing must be delivered to the City Purchasing Manager within the required time period. SECTION 6. EVALUATION CRITERIA. Offerors will be evaluated for prequalification for the second step of the design -build competitive negotiation process, the Request for Proposal, on the basis of those fully qualified and suitable to meet the requirements of this RFQ. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to, the items referred to above and those set forth below: A. The background, education, licenses, and experience of the Offeror and Team in providing similar services or items elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. Project RFQ 17 -04 -06 Qesion -BWd Services for a Revised 12/2015 Public- Private Partnership Communications Center Page 11 of 23 I . The Design Build Team members (Architect or Engineer, General Contractor, and the firm that provides 9 -1 -1 subject matter expertise and consulting support) must have a minimum of five years of experience in delivering projects of similar size and complexity. 2. Demonstrated experience in the successful management of design and construction on Design -Build projects. 3. Contractor must have a Class A Virginia Contractors License. 4. Design Build Teams must have an Architect or Engineer registered in the Commonwealth of Virginia. 5. Demonstrate experience, relevant to the complexity and composition of the anticipated project for key personnel to include project manager, designers, communications specialist, construction manager, quality control /operations manager and the like. B. The Offeror's responsiveness and compliance with the RFQ requirements and conditions. C. Determination that the selected Offeror has no contractual relationships which would result in a conflict of interest with the City's contract. D. The Offeror's ability, capacity, and skill to fully and satisfactorily provide the services and /or items required in this RFQ. F. Demonstrated knowledge and understanding of specific project issues and risks and the issues, benefits, and responsibilities associated with the Design - Build processes as set forth by the Commonwealth of Virginia. G. The quality of Offeror's performance in comparable and /or similar projects. Offeror must provide substantial evidence of prior work experience of a similar nature. Demonstrate record of performance, including completion schedule, quality of work, completion within budget, claims history, record of termination for cause and defaults, and client references. K Whether the Offeror can provide the services and /or deliver the items in a prompt and timely fashion. SECTION 7 QUALIFICATION AND SELECTION PROCESS. A. Pursuant to Section 2.2 -4308 of the Code of Virginia and City of Roanoke Ordinance No. 39922- 050514 adopting written procedures governing the selection, evaluation, and award of design -build contracts, the process for Offeror qualification and selection is as follows: 1. An Evaluation Committee comprised of a minimum of three (3) and a maximum of five (5) voting members, including a Virginia Licensed Architect Revised 1212015 Project. RFQ 17-04-06 D s' -Build Services for a s er l P P rh C aPgeP b l2 of 23 and /or Engineer, shall be responsible for evaluating the qualifications of Offerors responding to the design -build solicitation. 2. The Evaluation Committee shall evaluate each responding Offeror's statement of qualifications and any other relevant information and shall determine which Offerors are fully qualified and suitable for the project. 3. At least thirty (30) days prior to the date established for the submission of proposals for the second step of the design -build competitive negotiation process, the Request for Proposal (RFP), the City's Purchasing Manager shall advise each Offeror in writing as to whether that Offeror has been prequalified. In the event that an Offeror is denied prequalifcation, the written notice shall state the reasons for the denial of prequalification and the factual basis for such reasons. Prequalified Offerors that are not selected for the short list shall likewise be provided the reasons for such decision. B. Prequalified Offerors that are selected for the short list will be invited to respond to a Request for Proposal (RFP) that is prepared by the City's Purchasing Manager or designee. END Revised 122015 Project. Pro 17-04-06' D si -Bind Services for a P bl P- t P rt h C r ications C�Ig' Pagel3 of 23 ATTACHMENT TO RFQ 17 -04 -06 OWNER FURNISHED DATA The following sheets are included under this attachment: 1. Proposed Site - Vicinity Plan 2. Proposed Site - Enlarged Plan 3. E -911 Programming Data 4. E -911 Conceptual Plan 5. VA811 Conceptual Plan Revised 1212015 Project'. RFQ 17-04- '6 D -build Services for a P bl P- P d h C t os Pagerl4 of -- rt cCoTqperNNewell C ) Steya rcll°1 ec[s City of Roanoke, VA p.oBramminB u New 911 Call Center Facility su. SF eau., TcW carvnVr.ulwr canmr.WMVw.w E+wrnr .,w 1 ]cU Comm - onrvl[ar raaaa aa[ana;mwow al [wo=I ramp co��M 50 1s zssa eommlx, .;o a eon cn,nmaa.alen cm,.[+. rmmng; coumv 65� an+g Rmm i.alrp rar 16 mn [r 8 ConwM. Swrgp Caan r TeW[ a tiu '12 r I-s 911 eecerveorOM.e LsT1w!a $Hnmzlnn+ml Santt l7n .E1aVnmenl Rc0 I'JE/ 1 OE] r ]B SCrvlrc Rao :xxing hlw xatl5a resstAn. Irn olMr mnllnlirlydUPS cmMOranc 4'�1 Vn1/ Ra<ao rta ye ]5 1 SmaA I T vulkcVaco wMw snrvenoam s r $pace le Ee SUOarcAeC mla naio -]uory Vr areac? 230 EocircaBelU u-11 -a carver room nVAC $35 1 area y 1 u0 n112 aley a"Ja twComm Cer'wrw' across wcw'eo• R+�In++a aoR annon swrugxcm +m: .I aaor,V l'—ar —span .$g 1z0 onlM; 6riak s— In a P—Ir, lamas ry 72 $p nnUNg Macnne nos 120 Oual ROan $ Snc Menc PnJrX RC-m1 ull,Urrauls ]Smez 1. va Womnns Td. RC_m'351aAa. 2 SNx.15 ^uwe- 316 iU Lc6arRm 5]3- Inr'CGZars- IS'NZ`e'O 0B8 2U ?LP 21s Ean [se nmm<Prelns Equprtanl 36L 1 261 Receplvnl NOA -C., nma '2 0 91' Man.ler .20 , 420 5YS:am namnulrarm .20 120 T•oNn9 C 121 S1.1 iaw OVeta SPeuefn 12 ,30 120 G1s 5p. -iaua or ru W,e yr maan..P O.za .c .20 12 0 .aser. F.,1,.a lSx<va e1 eB $wrayo a0 qd Slarge -0Ifie Ma= 200 1 $11 ce Roo an5xamq'a 9�1oe nlw.xY .1 ce,.umcen.ar 1n <V Noan,V serve az aala 2Vn 1 Cm[ $I"',, fa 6q ]anon R OOM p1 1 eo 6me.1g v..1m <.e 4 M m emrnn. 6,146 Total Net Square Feet 2,852 Mec11an1[al /CIr -aaW ]5% 11.000 Total Building Need¢ E91 Bwtl, Ganaramr w/n is r1O Biesel cr poss6ry t)m1Faenl Ponaoe ee S,,,r, con ;.K car rn's P9Mkg ]9 -$,-1. aw% 15- a 11 nnm,Onhw Ni Spnn er SYSie 9en n911 Bune ny Vum e p . il¢ lir mmal o 1o1,:rr .; a. men. sale .nom E.W ngPme Se Exlenor cwero r<a Pain Page 14 of 14 AN IN a �® I _ - -- ---- , 15 I AN akl 1 a�y® J® J R LL O V , FT W z a z LU rL . u r LLu n O Q \ m s 0 0 4 O r--' -T LL t I LL x LL IL O O U LL O � Z U w O O LL I_ LL 0 w O W::� LL N O z IL w LLL LL I O U �7 W W to (f) w ti a Tom® J L, "yam, LL�I „'' 0 '} 4 - LL LL � U) O V) - 3 U z .. . V - 0 W W O O J R LL O V , FT W z a z LU rL . u r LLu n O Q \ m s 0 0 4 O r--' -T LL t I LL x LL IL O O U LL O � Z U w O O LL I_ LL 0 w O W::� LL N O z IL w LLL LL I O U �7 W W to (f) w ti a Tom® J L, "yam, LL�I „'' 0 '} 4 - LL LL � U) O V) - 3 U z .. . V - 0 ATTACHMENT TO RFQ 17 -04 -06 STATEMENT OF QUALIFICATIONS I. General Information Prime Offeror's (Legal Business) Name: Mailing Address: Street Address: (If not the same as mailing address) Telephone Number: ( ) Facsimile Number: ( ) Contact Person for this SOO: Contact Person's Phone Number: ( ) Contact Person's Email Address: Check type of organization: Corporation _ Partnership - Individual Joint Venture Other (describe) Virginia State Corporation Commission Identification Number: Business License# If individually owned - Years in Business: Have you ever operated under another name? Yes _ No Project: RFO P -04 -Ofi D ,Qr BOW Sery oe far a Revised 12/2015 P blI -P t e Parnersnip C mmun'cafons Center Page 15 of 23 If yes - Other name: Number of years in business under this name: State license number under this name: Submit as Attachment 1 a diagram of the proposed Team structure, clearly describing who the prime responsible firms and individuals are, as well as the roles and responsible individuals of the proposed sub consultants and sub - contractors. Submit as Attachment 1 a summary of all Design -Build Team Members, including individual names, company names, number of years' experience, relevant education, licenses held, and roles and responsibilities within the Team: i. The Prime Proposer ii. The Design Team Leader iii. E911 Subject Matter Expert iv. Engineering, Sub - Consultants (including structural, mechanical, and electrical) v. Specialty Sub - Consultants vi. The Constructor vii. Major Sub - Contractors considered by the Proposer to be a critical element of the overall team. The prime proposer shall include appropriate license number, insurance firm and amount of coverage, and bonding company information. Consultants and sub - contractor's need to be acceptable with Parks and Recreation staff. viii. Any other key Team members. Statements of Qualifications are to include and may be evaluated on the following factors, together with such other factors as will protect and preserve the interests of the City of Roanoke, which may also be considered. II. Financial Condition of Prime Offeror The sufficiency of the financial resources and the ability of the Offeror to comply with the duties and responsibilities described in this RFQ. The Prime Offeror shall submit as Attachment 2 a current annual financial report and the previous year's report and a statement regarding any recent or foreseeable mergers or acquisitions. Financial statements may be marked as '.confidential" in accordance with the requirements set out in Section 4(A) of this RFQ. III. References Each Offeror should submit as Attachment 3 the names, addresses, and telephone numbers of at least three (3) references in connection with supplying the services or items requested in this RFQ, especially from other local government operations similar to those being requested in this RFQ by the Project RFQ 17-04 -06 ' D e s Revised 1212015 P bl -P t Center Page 16 01 23 City. Each reference should include organizational name, official address, contact person, title of contact, and phone number. IV. Experience If your organization has multiple offices, provide the following information for the office that would handle projects under this prequalification. If that office has limited history, list its experience first. 1. Submit as Attachment 4 a list of projects of similar scope and characteristics, giving project name, location, size, dollar value, and completion date for each that your organization has completed in the last ten years. Demonstrate expertise, qualifications and experience of Offeror and Team members in design -build projects with similar scope and characteristics. List and describe the most recent design -build projects completed, and the roles of each of the Team members. 2. Submit as Attachment 4 a list of your organization's projects in progress, if any, at the time of this statement. At a minimum, provide project names and addresses, contract amounts, percentages complete and contact names and numbers for the architects and owners. 3. Identify three projects from those identified in 1 and 2 above which are most relevant or similar to the project(s) for which you are seeking prequalification. Job 1. Project Name: Project Address: Size of Project A: Owner's Name: Address: Phone Number: Contact: Architect's Name: Address: Phone Number: Contact: Contract Period: Project RFD 1] -04 -06 Design-Build Services for Revised 1212015 P bl -P- t e t,,nre,sn,R C muncaton Cenler Page 1] of 23 Original Contract Value /GMP: Final cost or current Contract Amount: If the difference between original and final cost is greater than 10 %, please explain: Project Description, i.e., function of building, number of floors, building systems (structural, mechanical, electrical, etc.) and any specific project features or complexities: Project Delivery Method: Describe the role of your firm on the project: Job 2. Project Name: Project Address: Size of Project (sf Owner's Name: Address: Phone Number: Contact: Architect's Name: Address: Phone Number: Contact: Contract Period: Original Contract Value /GMP: Final cost or current Contract Amount: Project. RFQ 17-04 -06 Desi -B 'Id Services for a Revised 1212015 Public Private -' Partnership Pailnership Communications Center Page 18 of 23 If the difference between original and final cost is greater than 10 %, please explain: Project Description, i.e., function of building, number of floors, building systems (structural, mechanical, electrical, etc.) and any specific project features or complexities: Project Delivery Method: Describe the role of your firm on the project: Job 3. Project Name: Project Address: Size of Project (sf): Owner's Name: Address: Phone Number: Contact: Architect's Name: Address: Phone Number: Contact: Contract Period: Original Contract Value /GMP: Final cost or current Contract Amount: If the difference between original and final cost is greater than 10 %, please explain: Proled RFO 17-04 -06 Des an-au Id Services for a Revised 1212015 Public-Private Partnership Communications Center Page 19 of 23 Project Description, i.e., function of building, number of floors, building systems (structural, mechanical, electrical, etc.) and any specific project features or complexities: Project Delivery Method: Describe the role of your firm on the project: V. conflict of Interest Each Offeror is to state whether or not any of Offeror's owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the City of Roanoke or has any responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom. If so, please state the complete name and address of each such person and their connection to the City of Roanoke. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section 4 of the RFQ, apply to this RFQ. _ Offeror, owner, officer, employees, agents and immediate family members are not now, and have not been in the past year, an employee of the City of Roanoke or has no responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom. OR State the complete name and address of each such person and their connection to the City of Roanoke. Each Offeror is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Virginia Code, as set forth in Section 4 (L) of the RFP, apply to this RFP. Name Address VI. Judgments In the last ten years, has your organization, or any officer, director, partner or owner, had judgments entered against it or them for the breach of contracts for construction? Yes _ No Project: RFQ 17-04 -06 Design-Build S s for a Revised 12/2015 Ptible-Private P d hrp Commanications Center Page 20 of 23 If yes, please on a separate attachment (Attachment 5), state the person or entity against whom the judgment was entered, give the location and date of the judgment, describe the project involved, and explain the circumstances relating to the judgment, including the names, addresses and phone numbers of persons who might be contacted for additional information. VII. Convictions and Debarment If you answer yes to any of the following, please on a separate attachment, state the person or entity against whom the conviction or debarment was entered, give the location and date of the conviction or debarment, describe the project involved, and explain the circumstances relating to the conviction or debarment, including the names, addresses and phone numbers of persons who might be contacted for additional information. 1. In the last ten years, has your organization or any officer, director, partner, owner, project manager, procurement manager or chief financial officer of your organization: a. ever been fined or adjudicated of having failed to abate a citation for building code violations by a court or local building code appeals board? Yes _ No b. ever been found guilty on charges relating to conflicts of interest? Yes _ No C. ever been convicted on criminal charges relating to contracting, construction , bidding, bid rigging or bribery? Yes_ No- d. ever been convicted: (i) under Va. Code Section 2.2 -4367 et seg. (Ethics in Public Contracting); (ii) under Va. Code Section 18.2- 498.1 et seg. (Va. Governmental Frauds Act), (iii) under Va. Code Section 59.1 -68.6 et seg. (Conspiracy to Rig Bids); (iv) of a criminal violation of Va. Code Section 40.1 -49.4 (enforcement of occupational safety and health standards), or (v) of violating any substantially similar federal law or law of another state? Yes _ No 2. a. Is your organization or any officer, director, partner or owner currently debarred or enjoined from doing federal, state or local government work for any reason? Yes _ No b. Has your organization or any officer, director, partner or owner ever been debarred or enjoined from doing federal, state or local government work for any reason? Yes_ No Project Pro 17 -04 -06 Design -Budd Services for a Revised 1212015 P br Private -' Partnershig Communications Center Page 21 of 26 VIII. Compliance If you answer yes to any of the following, please on a separate attachment (Attachment 6) give the date of the termination order, or payment, describe the project involved, and explain the circumstances relating to same, including the names, addresses and phone numbers of persons who might be contacted for additional information. Has your organization: a. ever been terminated on a contract for cause? Yes No b. within the last five years, made payment of actual and /or liquidated damages for failure to complete a project by the contracted date? Yes No 2. Has your organization, in the last three years, received a final order for willful and /or repeated violation(s) for failure to abate issued by the United States Occupational Safety and Health Administration or by the Virginia Department of Labor and Industry or any other government agency? Yes_ No_ 3. Have any Performance or Payment Bond claims ever been paid by any surety on behalf of your organization? Yes_ No IX. Signatures This section is to be completed by the Offeror and this page must be returned with the statement of qualifications. In compliance with this request for qualifications and subject to all terms and conditions imposed herein, which are hereby incorporated herein by reference, the undersigned offers and agrees to furnish the services and /or items requested in this solicitation if the undersigned is selected as the successful Offeror. No statement of qualifications may be withdrawn for a period of sixty (60) days after the opening of the statement of qualifications, except as provided in the RFQ. Legal Name and Address of Primary Firm: The undersigned certifies under oath that the information contained in this Statement of Qualifications and attachments hereto is complete, true and correct as of the date of this Statement. (name of entity submitting this Statement of Qualifications) Project RFQ 17 -04 -06 Design-Build S for Revised 12/2015 Pubho-Pr,vate Partnership Corrrm.r1cati01S Genler Page 22 of 23 By: Name of Signer (Signature in ink) Title: Attachments: The following items should be included with your SOO response. Place a check mark on the line next to each applicable item submitted with your proposal. Write N/A (not applicable) on the line next to those items that do not apply to your response. Removable Media Containing Copy of SOO Attachment A (Statement of Qualifications And Checklist) for RFQ 17 -04 -06 1. Organization of Team (Attachment 1) 2. Financial Reports (Attachment 2) 3. References (Attachment 3) 4. Experience (Attachment 4) 5. Judgments (Attachment 5 — if applicable) 6. Compliance (Attachment 6 — if applicable) Project: RFD 17 -04 -06 Design -Build Services for a Revised 1212015 Public -P' i Partnership C m ncarons Center Page 23 of 23 DRAFT 5 -8 -2017 EXHIBI'I' D VUPS'S PROPOSAL 31 vim w�ax.w <yy\ » Sts February 11, 2016 Wayne Bowers Director, Economic Development City of Roanoke 117 Church Avenue Roanoke, VA 24011 RE: Purchase of Tract 7 in Roanoke Centre for Industry & Technology Dear Wayne, VA811 is proposing to purchase a City -owned property: Tract 7 in the Roanoke Centre for Industry & Technology (RCIT). VA811 was incorporated as Virginia Utility Protection Service in April 2001. The Virginia State Corporation Commission certificated VAS11 as the sole provider of one-call utility notification services across the Commonwealth. In January of 2002, VA811 moved into the RCIT location with five employees. On July 1, 2002, VA811 began operations with over 100 employees. Over the past 14 years, the RCIT has proven to be an excellent location for our business. Due to our extensive voice and data communications, approximately 1.3 million locate requests per yew; the telecommunications infrastructure to our facility has been significantly expanded. The proximity of Tract 7 to our current location would allow us to utilize the efforts we have already invested in our telecommunications infrastructure. VABI1 is in the process of determining our building footprint requirements. We anticipate building an office structure between 12,000 - 18,000 square feet with parking that can accommodate 80 to 100 employees. Based on topography maps, we would center the building towards the back of the property with the parking located in the front. As we progress in this process, VA811 would formalize a conceptual drawing, project plan and select the developer. The project completion date is targeted is by the end of the first quarter of January 2018. <: -,I . ,A ®MW" MM04 rrj Based on the property value, VA811 is offering to purchase the 6.6 acres of property for $297,000. The offer will be a cash offer and no financing is required. Considering Roanoke City's acceptance of the pricing, the offer will he contingent upon approval of the VA811 Board of Directors. i Rick pevarski President & CEO Wz R)DA CITY OF ROANOKE ECONOMIC DEVELOPMENT DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL PROPERTY ADDRESS: rmcty in ROIT TAX PARCEL NO.: 7280104 DATE: 2111116 APPLICANT /CONTACT PERSON: Ride Pevarski FULL NAME (As to be stated on Deed): ykeinia utility Protection ser4ce, Inc. HOME ADDRESS (or) PRINCIPAL OFFICE: 7629 Blue Hills Grde NE (Physical addresses only No post Office Boxes) CITY: Roanoke STATE: VA ZIP: 24012 DAYTIME PHONE: (640)283 -2620 D CORPORATIO D INDIVIDUAL(S) D LIMITED PARTNERSHIP D JOINT TENANTS D LIMITED LIABILITY COMPANY D TENANTS IN COMMON D PARTNERSHIP D SOLE PROPRIETORSHIP TOTAL BID AMOUNT: zw 000 (Must be expressed In whole dollar amounts) PROPOSED USE (please Include additional pages, If necessary): omce- seeadachad I hereby certify that I een furnished and have read the announcement of sale for the above- grope and submit this proposal in accordance with all the provisi of sai announ ent. Signature The Roanoke Times Roanoke, Virginia Affidavit of Publication R. BRIAN TONMSEND, ASSISTANT C 215 CHURCH AVE SW ROOM 364 ROANOKE, VA 24011 Account Number 6017304 Oale May 09, 2017 Dale Category Detimption Ad Size TolsI COST 050412017 Legal Nolims NOTICE OF PUBLIC HEARING The City of Roanoke The Ci 1 x 119 L 609.08 Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published In said newspapers on the following dates: 0510912017 The First insertion being given ... 05/0812017 Newspaper reference: 0000529333 Billing Representative Sworn to and subscribed before me this Monday, May a. 2017 I t -Notary eu State of Virginia Ci ICoun of Roanoke ��` NOT H h �7 PUBLIC My My Commission expires ✓ : # : REG 9 •s3298a myca THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ' �'.,- •t'qLT OF NOTICE Of PUBLIC HEARING meat winch Will "hold to (try dir a.fall cons deslln and YVAR11 will GwSwnl to the " itements of Sections 152 IMS) and IS.Ii013. Cede of Virginia (195%, as amended, nolke is hereby given that IAe City Counell of the City of Roanoke will I a all hwnng on IN above matter At All parties and interested entitles may Mp heard., the dsbovedrattera lime to n yon are a person with a .ISabuily .he needs accom modations for this heann9, please ,meet the City Clerk's INliee At (SW) 853 Zi before 12.00 n..n on Thursday, May Ii, 2017. GIVEN under my hand this hill day of May, 2017. Sephanln M. Moon Reynolds CltyCll (529333) NOTICE OF PUBLIC HEARING The City of Roanoke (City) has a proposed agreement (Agreement) regarding the development of a proposed joint communications center (Facility) for (i) an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc. (VA811); and (it) an E -911 Center to be owned and operated by the City (,Joint Project). The City is in process of soliciting proposals for the design/build of the proposed Facility to be located on certain real property, Presently owned by the City, situated at 0 Blue Hills Circle, N.E., Roanoke, Virginia 24012, bearing Official Tax Map No. 7280104, containing approximately 6.5928 acres (Property). The proposed Agreement provides that upon completion of the first phase of the design - build process, either VA811 or the City may terminate the process if such party determines, in its reasonablejudgment that the design of the Joint Project does not satisfy its objectives, and, if the Joint Project is terminated, VA811 may purchase the Property upon terms and conditions set forth in the Agreement, which terms include a purchase price of the sum of (i) $297,000; and (ii) fifty percent (50 %) of the costs incurred in designing the Facility (not to exceed $150,000). If VA811 and the City decide to proceed with construction of the Joint Project, then the Facility will be constructed and, upon completion of the structure, the City shall submit the Facility and the Property to the Virginia Condominium Act (Sections 55 -79.39 through 55- 79.103, Code of Virginia (1950), as amended) as a condominium consisting of two (2) units, one unit for the VA811 operations (VA811 Unit) and the other unit for the E -911 operations (E -911 Unit), together with common elements, limited common elements, and such other conditions, restrictions, and agreements acceptable to the City and VA811. VA811 shall purchase the VA811 Unit, upon terms and conditions set forth in the Agreement, which terms include a purchase price equal to the sum of (i) $148,500 (fifty percent (50 %) of $297,000); and (ii) assumption of VAS I's pro -rata share of all costs associated with the design and construction of the Facility. VA811 will be solely responsible for the cost of all up -fit and finish work within the VA81 I Unit and the City will be solely responsible for all up -fit and finish work within the E- 911 Unit. Pursuant to the requirements of Sections 15.2- 1800(B) 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, May 15, 2017, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Copies of the proposed Agreement regarding the Design, Development, Construction and Operation of a Joint Communications Center by and between the City and VA811, and the proposed ordinance, will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, May 8, 2017. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. PH Notice - Agreement for Jolnt Communications Center -aty C VA811 (5- 15-17) All parties and interested entities may appear on the above date and time to be heard on the above 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, May 11, 2017. GIVEN under my hand this 8th day of May, 2017. Stephanie M. Moon Reynolds City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on May 8, 2017. Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Please send bill to: Sherman Stovall, Assistant City Manager For Operations 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 PH NoIxeAgreeme, fol Jo11 Conununications Center -City & VA811 (5- 15 -17) m CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church AvennG S. W., Ronm 456 Roanoke, Virginin 24011 -15 36 l'clrVLnnr: (540) H53-2541 Ens: (54(1) 85) -1145 STEPHANIE M. MOON REYNOLDS, MM( E -.,..ii: eterk(annmmkevn.... ('E( -F.LIA F. MC('OV City Clerk Depnly City ('lerk ('E('ELIA T. W EBB, ('M(' A sistnnt Dg)iny City Clerk May 17, 2017 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: A public hearing was conducted by the Council of the City of Roanoke on Monday, May 15, 2017, regarding a proposal of the City of Roanoke to amend the City Code in connection with the definition of "hotel' to include "bed and breakfast' and "homestay' establishments, and "short-term rental', and to reduce the occupancy from five to one. On motion, duly seconded and adopted, action on the matter was postponed until the regular meeting of the Council scheduled for Monday, June 19, 2017 at 2:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Cecelia F. McCoy Deputy City Clerk PC: R. Brian Townsend, Acting City Manager Barbara A. Dameron, Director of Finance PX IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending Section 32 -239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended ( "City Code "), to include "bed and breakfast', "homestay establishments ", and "short-tern rental', as those terms are defined in Appendix A of Chapter 36.2, Zonine, for purposes of applicability of the transient occupancy tax; providing for an effective date, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: I. Section 32 -239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the City Code, is hereby amended and reordained to read and provide as follows: Sec. 32 -239. - Definitions. The following words and phrases, when used in this article, shall have the following respective meanings, except where the context clearly indicates a different meaning: Hotel. Any public or private hotel, inn, hostelry, tourist home or house, motel, roominghouse, including property used for the operation of a bed and breakfast establishment, a homestay establishment, or a short-tern rental establishment, as bed and breakfast, homestay, and short-term rental are defined and regulated in Chapter 36.2, ZoninL, of the City Code, and Appendix A to that chapter, or other lodging place within the city offering lodging for fweone (31) or more persons at any one (I) time, and the owner and operator thereof, who, for compensation, furnishes lodging to any transient. Except as amended herein, the remainder of the provisions of Section 32 -239 of the City Code shall remain unchanged and in full force and effect. This ordinance shall be in full force and effect on July 1, 2017. 4. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 15, 2017 Subject: Code Amendment Transient occupancy Tax Background: The emergence of technological platforms known as peer -to -peer markets has impacted traditional suppliers in long- established industries such as lodging. One such platform is AirBnB which connects individuals with other individuals over the Internet to obtain short term lodging such as bed and breakfast or homestay establishments. The City has determined that an amendment to City Code is necessary to include the addition of short term rentals defined as bed and breakfast, homestay and short-term rental establishments, all as defined in the City's Zoning Ordinance, and to reduce the occupancy minimum from five persons to one person. The effective date of the ordinance will be July 1, 2017. In order to amend Section 32 -239 of City Code, City Council must conduct a public hearing at which time citizens and other interested parties may provide their comments on the proposed change. The City has advertised the public hearing for Monday, May 15, 2017, at 7:00 p.m., in the City Council Chamber. Considerations: Council adoption of the code amendments specified above will enable City officials to collect revenue appropriately from lodging establishments located in the City. Recommended Action: Conduct the public hearing and receive comments from citizens and other interested parties. Following the completion of the public hearing, and after consideration of comments received, adopt an ordinance to amend Section 32 -239, Definitions, Article X, Transient Occupancy Tax, Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, to include homestay establishments, bed and breakfast establishments, and short-term rental establishments, all as defined in the City's Zoning Ordinance, and reduce the minimum occupancy from five persons to one person. 66 Ct �C7Nn�2c'(J Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers The Honorable Sherman Holland, Commissioner of the Revenue The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - BRrYBFYHNgpBE STEPHANIE M MOON REYNOLDS, CITY CLERK NOEL C TAYLOR MUNICIPAL BUILDING. ROOM 456 215 CHURCH AVE SIN ROANOKE. VA 24011 Account Number 6012630 Oate May 05, 2017 Date Category Description Ad Sze 'oral Cost 05/1212017 Any Virginia ROA NOTICE OF PUBLIC HEARING 3x 9 0 IN 1.25741 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 05/05/201 The First insertion being given ... 05/05/2017 Newspaper reference: 0000528654 t sp 'ling Repre a ative Sworn to and subscribed before me this Friday, May 5, 2017 V1A11111111 p, /fir Notary Publ P'0 State of Virginia g: `od City /County of Roanoke K`G�to 9 ynES _ M y P Commission expires c M Q VIR i A'OIARV P�O� `� Arlann e'00 , r„O w RU A MILL. rt_izASe PAY FROM INVOICE, THANK YOU PROPOSED APPLICATION OF TRANSIENT OCCUPANCY TAX TO BED AND BREAKFAST ESTABLISHMENTS, HOMESTAY ESTABLISHMENTS, AND SHORT -TERM RENTALS The City of Roanoke proposes to amend Section 32 -239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the a Code of the City of Roanoke (1979) as amended, ( "City Code ") by amending the definition of "hotel" to include "bed and breakfast" and o "homestay" establishments, and "short-term rental ", as those terms are defined in Appendix A of Chapter 36.2, Zoning, of the Code of the City of ° Roanoke (1979), as amended, in order to allow for the application of the G � transient occupancy tax to bed and breakfast establishments, homestay establishments, and short-term rentals, for any room rental paid by a transient to any hotel, offering lodging for one (1) or more persons, at any one (1) time. The proposed amendment would be effective July 1, 2017. Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on Monday, May 15, 2017, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the proposed amendment to Section 32 -239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended. All interested parties are invited to attend and provide comment on the proposed amendment at the public hearing. Copies of the proposed ordinance will be available to the public for inspection in the City Clerk's Office, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia, beginning Friday, May 5, 2017. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540) 853 -2541, by 12:00 noon on Thursday, May 11, 2017. GIVEN under my hand this 5h day of May, 2017. Stephanie M. Moon Reynolds, City Clerk a NOTICE OF PUBLIC HEARING PROPOSED APPLICATION OF TRANSIENT OCCUPANCY TAX TO BED AND BREAKFAST ESTABLISHMENTS, HOMESTAY ESTABLISHMENTS, AND SHORT -TERM RENTALS The City of Roanoke proposes to amend Section 32 -239, Definitions, of Article X, Transient Occu ancv Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, ("City Code-) by amending the definition of" hotel "to include "bed and breakfast "and "homestav" establishments, and "short-tern rental ", as those terms are defined in Appendix A of Chapter 36.2. Zofflg of the Code of the City of Roanoke (1979), as amended, in order to allow for the application of the transient occupancy tax to bed and breakfast establishments, homestav establishments, and short -term rentals, for any room rental paid by a transient to any hotel, offering lodging for one ( I ) or more persons, at any one (1) time. The proposed amendment would be effective July 1, 2017. Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on Monday. May 15, 2017, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard. in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider the proposed amendment to Section 32 -239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended. All interested parties are im ited to attend and provide comment on the proposed amendment at the public hearing. Copies of the proposed ordinance will be available to the public for inspection in the City Clerk's Office, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S. W., Roanoke, Virginia, beginning Friday, May 5, 2017. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's office, (540) 853 -2541, by 12:00 noon on Thursday, May 11, 2017. GIVEN under my hand this 5" day of May, 2017. Stephanie M. Moon Reynolds, City Clerk. Note to Publisher Please print as a block ad in the Virginia Section of The Roanoke Times on Friday, May 5, 2017. Please ensure that the title of the block ad is 18 point type and the body of the ad is 12 point type. Please send certification of publication to: Stephanie M. Moon Reynolds, City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -2541 Please send the invoice for publication to Barbara Dameron, Director of Finance Noel C. Taylor Municipal Building, Room 461 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -2970