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
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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.
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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
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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
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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.
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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_
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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
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MAY 24th from 9 am -12pm
Registration is required through Eventbrite.
Contact Lisa Soltis at 540.853.1694 if you
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Sponsored by: *FreedomFirst
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Support Center Training Room
2502 Melrose Avenue I Roanoke, VA
AllVIRGINIMVIRGINIM
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LEA YOUTH OUTDOOR BASKETBALL
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Partnered With:
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SIGN UP TODAY
Games will be at Fallon and Melrose Park Girls & Boys 11-
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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
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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.
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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.
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(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
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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
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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.
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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;
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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