HomeMy WebLinkAbout35483-080601 - 35798-040102IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35483-080601.
A RESOLUTION paying tribute to the National D-Day Memorial
Foundation, and expressing to it the appreciation of this City and its people for its
outstanding endeavor to commemorate the importance and significance of June 6,
1944, and to honor those who fought for our country on the beaches of Normandy
on that historic day.
WHEREAS, the Foundation determined that Bedford, Virginia, is a prime
example of our nation's many communities who share a common heritage of
"homefront" roles, sacrifices, and stories with regard to D-Day; and
WHEREAS, the Foundation selected Bedford as the location for the
National D-Day Memorial, acknowledging that it has the highest per-capita loss from
any single community in our country with regard to D-Day--of the 35 soldiers from
Bedford who fought on that historic day, 19 died in the battle; and
WHEREAS, the Foundation, through the leadership of its chair, John R.
"Bob" Slaughter, worked with this region's cities and communities to promote the
memorial and secure pledges and donations for its construction; and
WHEREAS, people from all over the state, the country and the world
have and will visit this monument to remember and learn about the patriotism of
American soldiers during the D-Day invasion and the sacrifices they made for our
freedom.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Council as follows:
1. This Council adopts this means of recognizing and commending
the efforts of the National D-Day Foundation to preserve history and honor the
service of Virginia's World War II veterans through the construction of the National
D-Day Memorial.
2. The Clerk is directed to transmit an
Resolution to John R. "Bob" Slaughter.
APPROVED
attested
copy of this
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35484-080601.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance.
WHEREAS, Southside Development Co., has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned
from C-1, Office District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on August 6, 2001, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 714 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That parcel of land containing 4.05 acres, more or less, situate at the
southeast terminus of Bean Street, N.W., and designated on Sheet No. 714 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2280601, be, and is
hereby rezoned from C-1, Office District, to LM, Light Manufacturing District, subject
to the proffers contained in the Second Amended Petition filed in the Office of the
City Clerk on July 25, 2001, and that Sheet No. 714 of the Zone Map be changed in
this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35485-080601.
AN ORDINANCE authorizing the proper City officials to enter into an
Agreement of Lease between the City and New Vista Montessori School, for use of
a 7.2-acre portion of Official Tax No. 1570101, at 3379 Colonial Avenue, S. W., in the
City, for the operation of an educational facility for children, upon certain terms and
conditions; and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on August 6, 2001, pursuant to
§§15.2-1800(B) and 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 lease of CitY-owned property.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and CitY Clerk are authorized to execute and
attest, respectively, on behalf of the CitY of Roanoke, in form approved by the City
Attorney, the appropriate Agreement of Lease with New Vista Montessori School,
for the lease of a 7.2-acre portion of Official Tax No. 1570101, at 3379 Colonial
Avenue, S.W., in the City, for the operation of an educational facilitY for children,
for a one (1) year period, at an annual rental of $6,000.00, commencing on September
1, 2001, and terminating on August 31, 2002, with an option to renew on a year-to-
year basis for four (4) additional one-year terms, upon such other terms and
conditions as are deemed appropriate and as more particularly set forth in the report
to this Council dated August 6, 2001.
2. Pursuant to the provisions of§12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35486-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
5
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Judicial Administration $ 880,410.00
Victim Witness Grant FY02 (1-16) ............................. 126,350.00
Revenues
Judicial Administration $ 880,410.00
Victim Witness Grant FY02 (17-18) ............................. 126,350.00
1) Regular Employee
Salaries
2) City Retirement
3) ICMA Retirement
4) ICMA Match
5) FICA
6) Medical Insurance
7) Dental Insurance
8) Life Insurance
9) Disability Insurance
10) Telephone
11) Administrative
Supplies
12) Dues and
Memberships
13) Training and
Development
14) Printing
15) Postage
16) DOT - Personal
Computer Rental/
Maintenance
(035-150-5125-1002)
(035-150-5125-1105)
(035-150-5125-1115)
(035-150-5125-1116)
(035-150-5125-1120)
(035-150-5125-1125)
(035-150-5125-1116)
(035-150-5125-1130)
(035-150-5125-1131)
(035-150-5125-2020)
(035-150-5125-2030)
(035-150-5125-2042)
(035-150-5125-2044)
(035-150-5125-2075)
(035-150-5125-2160)
(035-150-5125-7007)
17) State Grant Receipts (035-150-5125-5125)
18) Local Match (035-150-5125-5115)
90,356.00
3,733.00
2,874.00
1,950.00
7,281.00
7,938.00
615.00
723.00
325.00
275.00
943.00
275.00
4,328.00
200.00
1,980.00
2,554.00
100,679.00
25,671.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35487-080601.
A RESOLUTION authorizing the acceptance of Grant No. 02-H8554VW01
made to the City of Roanoke by the Commonwealth of Virginia Department of
Criminal Justice Services for a Victim/Witness Assistance Program and authorizing
the execution and filing by the City Manager of the conditions of the grant and other
grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the
Commonwealth of Virginia Department of Criminal Justice Services of Grant No.02-
H8554VW01 in the amount of $100,679 for Fiscal Year 2001-02 for a Victim/Witness
Assistance Program.
The local cash match for Fiscal Year 2001-02 shall be in the
amount of $25,671.
3. The City Manager is hereby authorized to accept, execute and file
on behalf of the City any documents setting forth the conditions of Grant No. 02-
H8554VW01.
4. The City Manager is further directed to furnish such additional
information as may be required by the Department of Criminal Justice Services in
connection with the acceptance of the foregoing grant or with such project.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35488-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 School Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Education $139,571,906.00
Reading Excellence Act - Fallon Park 2001-02 (1-7) ............... 200,000.00
Reading Excellence Act - Hurt Park 2001-02 (8-11) ................ 245,000.00
Revenues
Education $138,404,853.00
Reading Excellence Act - Fallon Park 2001-02 (12) ................ 200,000.00
Reading Excellence Act - Hurt Park 2001-02 (13) .................245,000.00
1) Compensation of
Teachers
2) Supplements
3) Social Security
4) Field Trips
5) Parent Involvement
6) Educational and
Recreational
(030-061-6258-6004-0121)
(030-061-6258-6004-0129)
(030-061-6258-6004-0201)
(030-061-6258-6004-0583)
(030-061-6258-6004-0585)
(030-061-6258-6004-0614)
7) Additional - Machinery
and Equipment
8) Supplements
9) Educational and
Recreational
Supplies
10) Other Operation
Supplies
11) Additional -
Machinery and
Equipment
12) Federal Grant
Receipts
13) Federal Grant
Receipts
(030-061-6258-6004-0821)
(030-061-6259-6004-0129)
(030-061-6259-6004-0614)
(030-061.6259-6004-0615)
(030-061-6259-6004-0821 )
(030-061-6258-1102)
(030-061-6258-1102)
57,600.00
80,000.00
4,400.00
1,800.00
11,000.00
31,600.00
13,600.00
23,120.00
80,340.00
91,600.00
49,940.00
200,000.00
245,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35489-080601.
A RESOLUTION authorizing the issuance of thirty-one million two
hundred forty-five thousand dollars ($31,245,000) principal amount of general
obligations of the City of Roanoke, Virginia, in the form of general obligation public
improvement bonds of such City, for the purpose of providing funds to pay the
costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for such
City; fixing the form, denomination and certain other details of such bonds;
providing for the sale of such bonds; authorizing the preparation of a preliminary
official statement and an official statement relating to such bonds and the
distribution thereof and the execution of a certificate relating to such official
statement; authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; authorizing and providing for the issuance and
sale of a like principal amount of general obligation public improvement bond
anticipation notes in anticipation of the issuance and sale of such bonds; and
otherwise providing with respect to the issuance, sale and delivery of such bonds
and notes.
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt
and to authorize the issuance of $31,245,000 principal amount of general obligations
of the City, in the form of General Obligation Public Improvement Bonds of the City,
for the purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City and to authorize the issuance of a
like principal amount of General Obligation Public Improvement Bond Anticipation
Notes in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
Section 1. (a). Pursuant to Chapter 26 of Title 15.2 of the Code of
Virginia, 1950 (the same being the Public Finance Act of 1991), for the
purpose of providing funds to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement and
equipping of various public improvement projects of and for the City
set forth in Section 7, the City is authorized to contract a debt and to
issue Thirty-One Million Two Hundred Forty-Five Thousand Dollars
($31,245,000) principal amount of general obligation bonds of the City
to be designated and known as the "City of Roanoke, Virginia, General
Obligation Public Improvement Bonds" (referred to herein as the
"Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time,
or from time to time in part in series, as shall be determined by the Director of
Finance. There 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 from No. R-1 upwards in order of issuance. The
Bonds shall bear interest from their date payable on such date and semiannually
thereafter as shall be approved by subsequent resolution of this Council. The Bonds
of each series shall be issued in such aggregate principal amounts (not exceeding
the aggregate principal amount specified in Section l(a)); and shall mature on such
dates and in such years (but in no event exceeding forty (40) years from their date
or dates), and in the principal amount in each such year, as shall be approved by
subsequent resolution of this Council. Interest on the Bonds shall be calculated on
the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty
(30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be
subject to redemption at the option of the City prior to their stated maturities, in
whole or in part from time to time on any date, in such order as may be determined
by the City (except that if at any time less than all 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 the principal amount of the
Bonds to be redeemed), together with the interest accrued thereon to the date fixed
for the redemption thereof, as shall be approved by subsequent resolution of this
Council.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption
thereof, specifying the date, number and maturity of such Bond, the date and place
or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of such Bond is to be
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid, to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption.
If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest
thereon shall cease to accrue from and after the date so specified for the redemption
thereof.
]!
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, 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 2. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and premium, if any,
and interest on the Bonds as the same become due. In each year while the Bonds,
or any of them, are outstanding and unpaid, there shall be assessed, levied and
collected, 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 property within the City, over
and above all other taxes, authorized or limited by law and without limitation as to
rate or amount, sufficient to pay when due the principal of and premium, if any, and
interest on the Bonds to the extent other funds of the City are not lawfully available
and appropriated for such purpose.
SECTION 3. The Bonds shall be executed, for and on behalf of the
City, by the manual or facsimile signatures of the Mayor and City Treasurer and shall
have a facsimile of the corporate seal of the City imprinted thereon, attested by the
manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a
Registrar and Paying Agent for the Bonds.
(c) The Director of Finance shall direct the Registrar to authenticate
the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually
executed by an authorized signatory of the Registrar. Upon the authentication of any
Bonds the Registrar shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior
to the first interest payment date, the certificate shall be dated as of the date of the
initial issuance and delivery of the Bonds of the series of Bonds of which such Bond
is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) if a Bond is authenticated after
the fifteenth (15th) day of the calendar month next preceding an interest payment
date and prior to such interest payment date, the certificate shall be dated as of such
interest payment date; and (iv) in all other instances the certificate shall be dated as
of the interest payment date next preceding the date upon which the Bond is
authenticated. In the event the Bonds of any series shall be dated as of a date other
than the first day of a calendar month or the dates on which interest is payable on
such series are other than the first days of calendar months, the provisions of this
Section 3(c) with regard to the authentication of such Bonds and of Section 9 with
regard to the form of such Bonds shall be modified as the Director of Finance shall
determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner set
forth above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and premium, if any, 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 4.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause to be 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 or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized attorney, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written instrument of transfer duly
executed by the registered owner in person or by his duly authorized attorney, in
form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be
made without expense to the registered owners of such Bonds, except as otherwise
herein provided, and except that the Registrar for such series of Bonds shall require
the payment by the registered owner of the Bond requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect
to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall
be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name
of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such
Bond will be immobilized in the custody of DTC. DTC will act as securities
depository for the Bonds. Individual purchases will be made in book-entry form
only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest in the
Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds
will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner
of the Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal,
premium, if any, 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 5. (a) CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with
the name of the attorney or attorneys rendering the same, together with a
certification of the City Clerk, executed by a facsimile signature of that officer, to the
effect that such copy is a true and complete copy (except for letterhead and date) of
the legal opinion which was dated as of the date of delivery of and payment for the
Bonds, may be printed on the Bonds.
SECTION 6. In the case of Bonds issued hereunder the interest on
which is contemplated to be excluded from gross income for purposes of federal
income taxation, the City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable
]4
Treasury Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 7. The proceeds of the sale of the Bonds shall be applied to
the payment of the cost of the following public improvement projects of and for the
City in substantially the following respective amounts:
Purpose Amount
Crystal Spring Water Filtration Plant
Curb, Gutter and Sidewalk Improvements
Schools
Stadium/Amphitheatre
$ 5,445,000
5,000,000
4,600,000
16,200,000
$31,245,000
If any project set forth above shall require less than the entire
respective amount so set forth, the difference may be applied to any of the other
projects so set forth.
SECTION 8. (a) The Bonds shall be sold at competitive sale on such
date or dates and at such price or prices as shall be determined by the Director of
Finance. The Director of Finance is hereby authorized to prepare or cause to be
prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice
of Sale to be published in The Bond Buyer, a financial journal published in the City
of New York, New York, and to prepare or cause to be prepared and distributed a
Preliminary Official Statement, a Detailed Notice of Sale and an Official Bid Form
relating to the Bonds. The Director of Finance is hereby authorized to receive bids
for the purchase of the Bonds; provided, however, that the final details of the Bonds
of each series, including the purchase price thereof, the interest rates to be borne
thereby and the premium, if any, payable upon the redemption thereof shall be
approved by subsequent resolution of this Council.
(b) The Mayor is hereby authorized and directed to execute and
deliver to the purchasers of the Bonds an Official Statement of the City relating to
the Bonds, in substantially the form of the Preliminary Official Statement relating to
the Bonds, after the same has been completed by the insertion of the maturities,
interest rates and other details of the Bonds and by making such other insertions,
changes or corrections as the Mayor, based on the advice of the City's financial
advisors and legal counsel (including the City Attorney and Bond Counsel), deems
necessary or appropriate; and this Council hereby authorizes the Official Statement
and the information contained therein to be used by the purchasers in connection
with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for
purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager
and the Director of Finance are hereby authorized and directed to execute on behalf
of the City and deliver to the purchasers a certificate in substantially the form to be
included in the Official Statement under the caption "Certificate Concerning Official
Statement".
]5
(c) The City Manager and the Director of Finance are hereby
authorized to execute and deliver to the purchasers of the Bonds a Continuing
Disclosure Certificate relating to the Bonds evidencing the City's undertaking to
comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule
15c2-12 in such form as shall be approved by the City Manager and the Director of
Finance upon advice of counsel (including the City Attorney and Bond Counsel),
such approval to be conclusively evidenced by their execution thereof.
(d) 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. The Bonds, the certificate of authentication of the
Registrar, and the assignment endorsed on the Bonds, shall be substantially the
following forms, respectively, to-wit:
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
No. R-._. $
MATURITY DATE: INTEREST RATE: DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER:
PRINCIPAL SUM:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall be
subject to prior redemption and shall have been duly called for previous redemption
and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on
and semiannually on each and thereafter (each such
date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of authentication is an
interest payment date, in which case from such interest payment date, or unless
such date of authentication is within the period from the sixteenth (16th) day to the
last day of the calendar month next preceding the following interest payment date,
in which case from such following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate (specified above) per
annum, by check mailed by the Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry,
as of the close of business on the fifteenth (15th) day (whether or not a business
day) of the calendar month next preceding each interest payment date. Interest on
this Bond shall be calculated on the basis of a three hundred and sixty (360) day
year comprised of twelve (12) thirty (30) day months. The principal of and premium,
if any, on this Bond are payable on presentation and surrender hereof, at the office
of , as the Registrar and Paying Agent, in
the City of , . Principal of and premium, if any, and interest
on this Bond are payable in any coin or currency of the United States of America
which, on the respective dates of payment thereof, shall be legal tender for public
and private debts.
This Bond is one of an issue of Bonds of like date, denomination and
tenor except as to number, interest rate and maturity, which is issued for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, under and pursuant to and in full
compliance with the Constitution and statutes of the Commonwealth of Virginia,
including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), and resolutions and other proceedings of the Council
of the City duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after 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 be redeemed shall be selected
by lot), upon payment of the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentages of Principal
Amount)
to __, __
to __, __
and thereafter
If this Bond is redeemable and this Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
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 Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice
of the redemption of this Bond (or the portion of the principal amount hereof to be
redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of
the accrued interest and premium, if any, payable upon such redemption shall have
been duly made or provided for, interest hereon shall cease to accrue from and after
the date so specified for the redemption hereof.
Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the issue of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggregate
principal amount of Bonds of other authorized principal amounts and of the same
issue, interest rate and maturity. This Bond is transferable by the Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, issue, interest rate and maturity as the Bond surrendered, will be issued to
the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, and interest on this Bond
as the same become due. In each year while this Bond is outstanding and unpaid,
there shall be assessed, levied and collected, 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
premium, if any, and interest on this Bond to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the
City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of its City Clerk; and this Bond to be dated as of the day
of ,200_.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Attest: Mayor
City Clerk City Treasurer
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
[ ,], as
Registrar
By:
Authorized Signatory
Date of Authentication:
ASSIGNMENT
ass i g n
unto
FOR VALUED RECEIVED the undersigned hereby sell(s),
( s ) a n d t r a n s f e r ( s )
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
the within Bond and all rights thereunder, hereby irrevocably constituting and
appointing , Attorney, to
transfer such Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: 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
front of this Bond in every particular,
without alteration or enlargement or
any change whatsoever.
SECTION 10. General obligation public improvement bond anticipation
notes (the "Notes") are authorized for issuance and sale by the Director of Finance
in anticipation of the issuance of the general obligation bonds authorized for
issuance herein. Such Notes shall be sold at competitive or negotiated sale at such
price or prices and on such other terms and conditions as shall be determined by
the Director of Finance. If such Notes are offered for competitive sale, a Detailed
Notice of Sale or Summary Notice of Sale shall be prepared, published and
distributed in accordance with the requirements of Section 8. There shall also be
prepared and distributed a Preliminary Official Statement and a final Official
Statement relating to such Notes in such form as shall be approved by the Director
of Finance. The issuance and details of such Notes shall be governed by the
provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of
Virginia, 1950.
20 -
The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the
same apply to the Bonds except, in the case of the provisions of Section 2, only to
the extent such Notes are not paid from the proceeds of the Bonds or from any other
available funds. The sale of such Notes and the form and other details thereof shall
be approved, ratified and confirmed by subsequent resolution of this Council·
Bonds in anticipation of which such Notes are issued pursuant to this Section 10
may be issued and sold in accordance with the provisions of this Resolution at any
time within five (5) years of the date of issuance of the first Notes issued in
anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make
expenditures for the purpose for which the Bonds are to be issued in advance of the
issuance and receipt of the proceeds of the Bonds and to reimburse such
expenditures from the proceeds of the Bonds. The adoption of this Resolution shall
be considered an "official intent" within the meaning of Treasury Regulation Section
1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 12. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 13. All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
· Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35489-080601.
A RESOLUTION authorizing the issuance of thirty-one million two
hundred forty-five thousand dollars ($31,245,000) principal amount of general
obligations of the City of Roanoke, Virginia, in the form of general obligation public
improvement bonds of such City, for the purpose of providing funds to pay the
costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for such
City; fixing the form, denomination and certain other details of such bonds;
providing for the sale of such bonds; authorizing the preparation of a preliminary
official statement and an official statement relating to such bonds and the
distribution thereof and the execution of a certificate relating to such official
statement; authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; authorizing and providing for the issuance and
sale of a like principal amount of general obligation public improvement bond
anticipation notes in anticipation of the issuance and sale of such bonds; and
otherwise providing with respect to the issuance, sale and delivery of such bonds
and notes
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt
and to authorize the issuance of $31,245,000 principal amount of general obligations
of the City, in the form of General Obligation Public Improvement Bonds of the City,
for the purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City and to authorize the issuance of a
like principal amount of General Obligation Public Improvement Bond Anticipation
Notes in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION (b). Pursuant to Chapter 26 of Title 15.2 of the Code of
Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of
providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement
projects of and for the City set forth in Section 7, the City is authorized to contract
a debt and to issue Thirty-One Million Two Hundred Forty-Five Thousand Dollars
($31,245,000) principal amount of general obligation bonds of the City to be
designated and known as the "City of Roanoke, Virginia, General Obligation Public
Improvement Bonds" (referred to herein as the "Bonds").
The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance.
There 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 from No. R-1 upwards in order of issuance.
The Bonds shall bear interest from their date payable on such date and semiannually
thereafter as shall be approved by subsequent resolution of this Council. The Bonds
of each series shall be issued in such aggregate principal amounts (not exceeding
the aggregate principal amount specified in Section l(a)); and shall mature on such
dates and in such years (but in no event exceeding forty (40) years from their date
or dates), and in the principal amount in each such year, as shall be approved by
subsequent resolution of this Council. Interest on the Bonds shall be calculated on
the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty
(30) day months.
The Bonds (or portions thereof in installments of $5,000) shall be
subject to redemption at the option of the City prior to their stated maturities, in
whole or in part from time to time on any date, in such order as may be determined
by the City (except that if at any time less than all 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 the principal amount of the
Bonds to be redeemed), together with the interest accrued thereon to the date fixed
for the redemption thereof, as shall be approved by subsequent resolution of this
Council.
(i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption
thereof, specifying the date, number and maturity of such Bond, the date and place
or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of such Bond is to be
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid, to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption.
If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest
thereon shall cease to accrue from and after the date so specified for the redemption
thereof.
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, 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 The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and premium, if any, and interest
on the Bonds as the same become due. In each year while the Bonds, or any of
them, are outstanding and unpaid, there shall be assessed, levied and collected, 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 property within the City, over and above
all other taxes, authorized or limited by law and without limitation as to rate or
amount, sufficient to pay when due the principal of and premium, if any, and interest
on the Bonds to the extent other funds of the City are not lawfully available and
appropriated for such purpose.
SECTION The Bonds shall be executed, for and on behalf of the City,
by the manual or facsimile signatures of the Mayor and City Treasurer and shall have
a facsimile of the corporate seal of the City imprinted thereon, attested by the
manual or facsimile signature of the City Clerk.
The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds.
The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the
certificate of authentication endorsed on each Bond shall have been manually
executed by an authorized signatory of the Registrar. U pon the authentication of any
Bonds the Registrar shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior
to the first interest payment date, the certificate shall be dated as of the date of the
initial issuance and delivery of the Bonds of the series of Bonds of which such Bond
is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) if a Bond is authenticated after
the fifteenth (15th) day of the calendar month next preceding an interest payment
date and prior to such interest payment date, the certificate shall be dated as of such
interest payment date; and (iv) in all other instances the certificate shall be dated as
of the interest payment date next preceding the date upon which the Bond is
authenticated. In the event the Bonds of any series shall be dated as of a date other
than the first day of a calendar month or the dates on which interest is payable on
such series are other than the first days of calendar months, the provisions of this
Section 3(c) with regard to the authentication of such Bonds and of Section 9 with
regard to the form of such Bonds shall be modified as the Director of Finance shall
determine to be necessary or appropriate.
The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
24
SECTION (a). The principal of and premium, if any, 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 4.
At all times during which any Bond of any series remains outstanding
and unpaid, the Registrar for such series shall keep or cause to be 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.
The books of registry shall at all times be open for inspection by the
City or any duly authorized officer thereof.
Any Bond may be exchanged at the office of the Registrar for' such
series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized attorney, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written instrument of transfer duly
executed by the registered owner in person or by his duly authorized attorney, in
form satisfactory to the Registrar.
All transfers or exchanges pursuant to this Section 4 shall be made
without expense to the registered owners of such Bonds, except as otherwise herein
provided, and except that the Registrar for such series of Bonds shall require the
payment by the registered owner of the Bond requesting such transfer or exchange
of any tax or other governmental charges required to be paid with respect to such
transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be
cancelled.
The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name
of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such
Bond will be immobilized in the custody of DTC. DTC will act as securities
depository for the Bonds. Individual purchases will be made in book-entry form
only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest in the
Bonds purchased.
Principal, premium, if any, and interest payments on the Bonds will be
made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the
Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal,
premium, if any, 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.
The City will not be responsible or liable for sending transaction
statements orfor 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 (a). CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for the Bonds.
A copy of the final legal opinion with respect to the Bonds, with the
name of the attorney or attorneys rendering the same, together with a certification
of the City Clerk, executed by a facsimile signature of that officer, to the effect that
such copy is a true and complete copy (except for letterhead and date) of the legal
opinion which was dated as of the date of delivery of and payment for the Bonds,
may be printed on the Bonds.
SECTION (a). In the case of Bonds issued hereunder the interest on
which is contemplated to be excluded from gross income for purposes of federal
income taxation, the City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the term of the Bonds.
SECTION (a). The proceeds of the sale of the Bonds shall be
applied to the payment of the cost of the following public improvement projects of
and for the City in substantially the following respective amounts:
Purpose Amount
Crystal Spring Water Filtration Plant
Curb, Gutter and Sidewalk Improvements
Schools
Stadium/Amphitheatre
$ 5,445,000
5,000,000
4,600,000
16,200,000
$31,245,000
If any project set forth above shall require less than the entire
respective amount so set forth, the difference may be applied to any of the other
projects so set forth.
SECTION (a). The Bonds shall be sold at competitive sale on such
date or dates and at such price or prices as shall be determined by the Director of
Finance. The Director of Finance is hereby authorized to prepare or cause to be
prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice
of Sale to be published in The Bond Buyer, a financial journal published in the City
of New York, New York, and to prepare or cause to be prepared and distributed a
Preliminary Official Statement, a Detailed Notice of Sale and an Official Bid Form
relating to the Bonds. The Director of Finance is hereby authorized to receive bids
for the purchase of the Bonds; provided, however, that the final details of the Bonds
of each series, including the purchase price thereof, the interest rates to be borne
thereby and the premium, if any, payable upon the redemption thereof shall be
approved by subsequent resolution of this Council.
The Mayor is hereby authorized and directed to execute and deliver to
the purchasers of the Bonds an Official Statement of the City relating to the Bonds,
in substantially the form of the Preliminary Official Statement relating to the Bonds,
after the same has been completed by the insertion of the maturities, interest rates
and other details of the Bonds and by making such other insertions, changes or
corrections as the Mayor, based on the advice of the City's financial advisors and
legal counsel (including the City Attorney and Bond Counsel), deems necessary or
appropriate; and this Council hereby authorizes the Official Statement and the
information contained therein to be used by the purchasers in connection with the
sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes
of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant
to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the
Director of Finance are hereby authorized and directed to execute on behalf of the
City and deliver to the purchasers a certificate in substantially the form to be
included in the Official Statement under the caption "Certificate Concerning Official
Statement".
The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure
Certificate relating to the Bonds evidencing the City's undertaking to complywith the
continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form
as shall be approved by the City Manager and the Director of Finance upon advice
of counsel (including the City Attorney and Bond Counsel), such approval to be
conclusively evidenced by their execution thereof.
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.
The Bonds, the certificate of authentication of the Registrar, and the
assignment endorsed on the Bonds, shall be substantially the following forms,
respectively, to-wit:
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
No. R- $
MATURITY DATE: INTEREST RATE: DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER:
PRINCIPAL SUM:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall be
subject to prior redemption and shall have been duly called for previous redemption
and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on
and semiannually on each and thereafter (each such
date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of authentication is an
interest payment date, in which case from such interest payment date, or unless
such date of authentication is within the period from the sixteenth (16th) day to the
last day of the calendar month next preceding the following interest payment date,
in which case from such following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate (specified above) per
annum, by check mailed by the Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry,
as of the close of business on the fifteenth (15th) day (whether or not a business
day) of the calendar month next preceding each interest payment date. Interest on
this Bond shall be calculated on the basis of a three hundred and sixty (360) day
year comprised of twelve (12) thirty (30) day months. The principal of and premium,
if any, on this Bond are payable on presentation and surrender hereof, at the office
of , as the Registrar and Paying Agent, in
the City of , . Principal of and premium, if any, and interest
on this Bond are payable in any coin or currency of the United States of America
which, on the respective dates of payment thereof, shall be legal tender for public
and private debts.
This Bond is one of an issue of Bonds of like date, denomination and
tenor except as to number, interest rate and maturity, which is issued for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, under and pursuant to and in full
compliance with the Constitution and statutes of the Commonwealth of Virginia,
including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), and resolutions and other proceedings of the Council
of the City duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after 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 be redeemed shall be selected
by lot), upon payment of the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentages of Principal
Amount)
to
to
and thereafter
If this Bond is redeemable and this Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
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 Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice
of the redemption of this Bond (or the portion of the principal amount hereof to be
redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of
the accrued interest and premium, if any, payable upon such redemption shall have
been duly made or provided for, interest hereon shall cease to accrue from and after
the date so specified for the redemption hereof.
Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the issue of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggregate
principal amount of Bonds of other authorized principal amounts and of the same
issue, interest rate and maturity. This Bond is transferable by the Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, issue, interest rate and maturity as the Bond surrendered, will be issued to
the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, and interest on this Bond
as the same become due. In each year while this Bond is outstanding and unpaid,
there shall be assessed, levied and collected, 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
premium, if any, and interest on this Bond to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
30
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the
City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of its City Clerk; and this Bond to be dated as of the day
of ,200_.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Attest: Mayor
City Clerk City Treasurer
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
r ], as
Registrar
By:
Authorized Signatory
Date of Authentication:
ASSIGNMENT
FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and
transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
the within Bond and all rights thereunder, hereby irrevocably constituting and
appointing , Attorney, to
transfer such Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: 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
front of this Bond in every particular,
without alteration or enlargement or
any change whatsoever.
SECTION (a). General obligation public improvement bond anticipation
notes (the "Notes") are authorized for issuance and sale by the Director of Finance
in anticipation of the issuance of the general obligation bonds authorized for
issuance herein. Such Notes shall be sold at competitive or negotiated sale at such
price or prices and on such other terms and conditions as shall be determined by
the Director of Finance. If such Notes are offered for competitive sale, a Detailed
Notice of Sale or Summary Notice of Sale shall be prepared, published and
distributed in accordance with the requirements of Section 8. There shall also be
prepared and distributed a Preliminary Official Statement and a final Official
Statement relating to such Notes in such form as shall be approved by the Director
of Finance. The issuance and details of such Notes shall be governed by the
provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of
Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the
same extent the same apply to the Bonds except, in the case of the provisions of
Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds
or from any other available funds. The sale of such Notes and the form and other
details thereof shall be approved, ratified and confirmed by subsequent resolution
of this Council. Bonds in anticipation of which such Notes are issued pursuant to
this Section 10 may be issued and sold in accordance with the provisions of this
Resolution at any time within five (5) years of the date of issuance of the first Notes
issued in anticipation of such Bonds.
SECTION (a). The Council hereby authorizes the City to make
expenditures for the purpose for which the Bonds are to be issued in advance of the
issuance and receipt of the proceeds of the Bonds and to reimburse such
expenditures from the proceeds of the Bonds. The adoption of this Resolution shall
be considered an "official intent" within the meaning of Treasury Regulation Section
1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION (b). The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION (b). All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35490-080601.
AN ORDINANCE authorizing the City Manager to enter into an
agreement with Blue Eagle Partnership for the lease of office space at the
Civic Mall, located at 1502 Williamson Road, for use by the Roanoke City
Department of Social Services, upon certain terms and conditions, and
dispensing with the second reading of the title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in form approved by the City Attorney, an
appropriate lease agreement with Blue Eagle Partnership, for the lease of
83,236 square feet of office space within the Civic Mall building and the
parking area, located at 1502 Williamson Road, for use by the Roanoke City
Department of Social Services; such lease to be for a twenty (20) year term,
33
beginning July 1,2002, and ending June 30, 2022, with an option to renew for
two (2) additional five (5) year terms, at an initial rate of $92,045.15 per month,
subject to an annual increase equal to fifty percent (50%) of the Consumer
Price Index or two percent (2%), whichever is less; such lease shall provide
for the indemnification of each party bythe other party, and shall be upon the
terms and conditions as more particularly described in the City Manager's
letter and attachments to this Council dated August 6, 2001.
2. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35491-080601.
A RESOLUTION authorizing execution of Amendment No. 1 to the
Subgrant Agreement dated September 26, 2000, between the City and the Northwest
Neighborhood Environmental Organization, Inc., for additional funding to develop
the McCray Court Senior Living Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to
the Subgrant Agreement dated September 26, 2000, between the City and the
Northwest Neighborhood Environmental Organization, Inc., for additional funding
to develop the McCray Court Senior Living Project, within the limits of funds set forth
and for the purposes specified in the City Manager's letter to this Council dated
August 6, 2001.
34 ,--
Attorney.
Amendment No. I shall be approved as to form by the City
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35492-080601.
A RESOLUTION accepting the bid of Cargill, Inc., Salt Division, for
deicing salt, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to issue the requisite purchase order; and
rejecting all other bids made to the City for the work.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bid of Cargill, Inc., Salt Division, in the amount of $37.75 per
ton for the purchase of 2,700 tons of deicing salt for a total cost of $101,925.00, as
more particularly set forth in the City Manager's letter dated August 6, 2001, to this
Council, such bid being the lowest responsible bid made to the City for the deicing
salt, and on file in the Purchasing Department, be and is hereby ACCEPTED.
2. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase order for the deicing salt,
incorporating into said order the City's specifications, the terms of said bidder's
proposal and the terms and provisions of this resolution.
3. Any and all other bids made to the City for the deicing salt are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35493-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General Fund, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General Fund, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Nondepartmental $ 66,908,920.00
Residual Fringe Benefits (1) .................................. 1,556,485.00
Parks, Recreation, and Cultural 4,700,570.00
City Market (2-6) ........................................... -0-
Public Works 24,357,872.00
Building Maintenance (7-8) ................................... 3,807,697.00
Revenues
Revenue from Use of Money/Property $
Market Rents (9) ...........................................
1,118,330.0~
-0'
1) Disability Insurance
2) Fees for Professional
Services
3) Advertising
4) Electric
5) Water and Sewer
6) Administrative
Supplies
7) Electric
8) Water and Sewer
9) Curbage Fees
(001-250-9110-1131)
(001-310-7210-2010)
(001-310-7210-2015)
(001-310-7210-2022)
(001-310-7210-2026)
(001-310-7210-2030)
(001-440-7210-2022)
(001-440-7210-2026)
(001-110-1234-0505)
$ (7,940.00)
(12,300.00)
(5,844.00)
(6,016.00)
(1,000.00)
( 416.00)
6,016.00
1,000.00
(26,500.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35494-080601.
A RESOLUTION authorizing the execution of a Management Agreement
between the City of Roanoke, Virginia, and Downtown Roanoke, Inc., (DRI) that will
authorize DRI to act as the City's agent to manage and license curbage spaces in the
Roanoke City Market; confirming the current rates for the use of such curbage
spaces; directing an amendment of the Fee Compendium; and authorizing the City
Manager to designate a portion of the curbage fees to be used for promotion of the
City Market and to take such further action as is necessary to implement and
administer the terms of such Agreement.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, a Management Agreement between the City and DRI for a term
of one year commencing on September 1, 2001, and ending on August 31,2002, but
upon mutual agreement of the parties, the Agreement may be extended for up to four
successive one year periods, and which will provide that DRI will undertake such
activities in the City Market as set forth in the City Manager's letter to this Council
dated August 6, 2001, and as required by the terms of the Agreement attached
thereto.
2. City Council hereby confirms the current rates for use of the
curbage spaces mentioned above, such rates being set forth in Exhibit A to the
Agreement.
3. The Fee 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 to reflect
the rates for the use of curbage spaces in the City Market as set forth in Exhibit A to
the Agreement attached to the City Manager's letter of August 6, 2001.
4. The Agreement shall be substantially similar to the one that is
attached to the above mentioned City Manager's letter and shall be approved as to
form by the City Attorney.
5. The City Manager is authorized to designate a portion of the
curbage fees to be used for promotion of the City Market and to take such further
action as may be necessary to implement and administer the terms of such
Agreement.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35495-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
38 -
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Safety $ 2,483,784.00
Hazardous Materials Response Team FY02 (1-2) .................. 15,000.00
Revenues
Public Safety $ 2,483,784.00
Hazardous Materials Response Team FY02 (3) ................... 15,000.00
1) Employee Physicals
2) Training and
Development
3) State Grant Receipts
(035-520-3224-2110 )
(035-520-3224-2044)
(035-520-3224-3224)
11,300.00
3,700.00
15,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35496~80601.
A RESOLUTION AUTHORIZING the City Manager to accept, on behalf
of the City of Roanoke, "pass-through" funding from a two-year contract with the
Commonwealth of Virginia, Department of Emergency Management, with
appropriations, to participate in a Regional Hazardous Materials Response Team.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager is hereby authorized, on behalf of the City, to accept $15,000.00 in "pass-
through" funding pursuant to a current two-year contract that commenced July 1,
2000, with the Commonwealth of Virginia, Department of Emergency Management,
to participate in a Regional Hazardous Materials Response Team as is more
particularly set forth in the letter of the City Manager, dated August 6, 2001.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35497-080601.
A RESOLUTION authorizing the appropriate City officials to enter
into the 2001-2002 Community Development Block Grant (CDBG) Funding
Administration Agreement with the Roanoke Redevelopment and Housing
Authority, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City, the 2001-2002 Community Development
Block Grant (CDBG) Funding Administration Agreement with the Roanoke
Redevelopment and Housing Authority, approved as to form by the City
Attorney, and upon such terms and conditions as are more particularly set
forth in the City Manager's letter dated August 6, 2001, including the purposes
of such program, and the provision for indemnification by the City under
certain circumstances.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
40 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35498-080601.
AN ORDINANCE authorizing the acquisition and demolition of certain
property located in the floodplain of Mud Lick Creek under the Federal Emergency
Management Agency's (FEMA) Hazard Mitigation Grant Program, upon certain terms
and conditions; authorizing the closing of the Garden City Hazard Mitigation Grant
Program grant; and dispensing with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute the necessary
documents, upon form approved by the City Attorney, to acquire the real property
located at 2565 Beverly Boulevard, S.W., and bearing Official Tax No. 1630614,
owned by Mr. and Mrs. Mark Reynolds, for the consideration of $109,000.00, under
the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant
Program, and the demolition of the structure located thereon, and upon the terms
and conditions contained in the City Manager's August 6, 2001, letter to City Council.
2. Upon completion of the demolition ofthe structure located on this
property, the Garden City Hazard Mitigation Grant Program grant is to be closed in
accordance with the requirements of the Federal Emergency Management Agency.
3. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
4]
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35499-080601.
AN ORDINANCE providing for the acquisition of certain property rights
needed by the City for the Barnhart Street Drainage Improvement Project; setting a
limit on the consideration to be offered by the City; providing for the City's
acquisition of such property by condemnation, under certain circumstances; and
dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the correction of drainage problems under the
Barnhart Street Drainage Improvement Project, the Citywants and needs certain real
property rights on property bearing Official Tax Nos. 2460328, 2460375, 2460367,
2460368 and 2460366, as set forth in the City Manager's letter and attachment dated
August 6, 2001, to this Council. The proper City officials are authorized to acquire
this property for such consideration as the City Manager may deem appropriate,
subject to the limitation set out below and subject to applicable statutory guidelines.
All requisite documents shall be upon form approved by the City Attorney.
2. A public necessity and use exists for the acquisition of the
property and immediate acquisition by purchase or condemnation is necessary and
expedient.
3. The City Manager is directed to offer on behalf of the City to offer
the owner of the property such consideration as he deems appropriate; provided,
however, the total consideration offered or expended and any and all necessary
closing costs, including but not limited to appraisal, title reports, preparation of
necessary documents and recordation costs, shall not exceed $2,000.00 without
further authorization of Council. Upon the acceptance of an offer and upon delivery
to the City of deeds, approved as to form and execution by the City Attorney, the
Director of Finance is directed to pay the consideration to the owners of the
interests conveyed, certified by the City Attorney to be entitled to the same.
4. Should the City be unable to agree with the owners of the
properties to be acquired as to the compensation to be paid or other terms of
purchase or settlement, or should the owners be persons under disability lacking
capacity to convey such property rights or should the whereabouts of the owners
be unknown, the City Attorney, is authorized and directed to institute condemnation
or legal proceedings to acquire for the City the appropriate property rights.
42
5. In instituting or conducting any condemnation proceeding, the
City Attorney is authorized to make motion on behalf of the City for a right of entry
pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as
amended, for the purpose of commencing the project. The Director of Finance, upon
request of the City Attorney, shall be authorized and directed to draw and pay into
Court the appropriate sums in connection with such proceedings.
6. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35500-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General and Grant Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Judicial Administration $ 6,287,825.00
Juvenile and Domestic Relations Court Services (1) ............... :!,530,303.00
43
Health and Welfare $ 27,340,551
Hospitalization Programs (2) .................................. 44,446
Nondepartmental
Transfer to Other Funds (3) ...................................
66,715,858
65,947,191
Grant Fund
A_~Dropriations
Health and Welfare
Aggression Replacement Training and Education Program
FY02 (4-15) .............................................
3,410,284
70,286
Revenues
Health and Welfare
Aggression Replacement Training and Education Program
FY02 (16-17) ............................................
3,410,284
70,286
1) Residential/Detention
Services (001-121-2130-2008)
2) Fees for Professional
Services
3) Transfer to
Grant Fund
4) Regular Employee
Salaries
5) Temporary Employee
Wages
6) ICMA Retirement
7) ICMA Match
8) FICA
9) Medical Insurance
10) Dental Insurance
11) Life Insurance
12) Disability Insurance
13) Telephone
14) Administrative
Supplies
15) Local Mileage
16) State Grant Receipts
17) Local Match
(001-630-5330-2010)
(001-250-9310-9535)
(035-630-5095-1002)
(035-630-5095-1004)
(035-630-5095-1115)
(035-630-5095-1116)
(035-630-5095-1120)
(035-630-5095-1125)
(035-630-5095-1126)
(035-630-5095-1130)
(035-630-5095-1131)
(035-630-5095-2021)
(035-630-5095~030)
(035-630-5095~046)
(035-630-5095-5095)
(035-630-5095-5096)
$ (10,018)
(7,554)
17,572
44,414
7,467
4,857
1,300
4,255
5,040
404
395
114
54O
5OO
1,000
52,714
17,572
44 -
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage·
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35501-080601.
A RESOLUTION authorizing the acceptance of funding from the
Department of Criminal Justice Services for Sanctuary's Aggression Replacement
training and Education program; authorizing the City Manager to execute the
necessary documents in order to accept these funds, upon certain terms and
conditions.
BE IT RESOLVED, by the Council of the City of Roanoke as follows:
1. The City manager is hereby authorized to accept the $52, 714.00
in 2001-2002 funding from the Department of Criminal Justice Services, Grant #02-
C3256JJ01, for Sanctuary's Aggression Replacement Training and Education
Program.
45
2. The City Manager is hereby authorized to execute the required
Grant Acceptance, Request for Funds, and any other documents required by the
Department of Criminal Justice Services necessary to accept these funds, all to be
in form approved by the City Attorney.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35502-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Ap_~ro_Driations
Community Development $ 4,814,898
Memberships and Affiliations (1-2) ............................. 2,067,115
1) Marketing Initiative
2) Convention and Visitors Bureau
(001-300-7220-3689)
(001-300-7220-3702)
$ (287,500)
287,500
46 -
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35503-080601.
A RESOLUTION authorizing an agreement with the Roanoke Valley
Convention and Visitors Bureau for the purpose of increasing tourism in the
Roanoke Valley.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, an agreement with the Roanoke Valley Convention
and Visitors Bureau, for a term of one year, from July 1,2001 through June 30, 2002,
unless sooner terminated in accordance with the provisions of the agreement, for
the purpose of increasing tourism and marketing the Roanoke Valley as a regional
destination for convention, conference, leisure and business travel, all as more fully
set forth in the City Manager's report to this Council dated August 6, 2001.
2. The contract amount authorized by this resolution shall not exceed
$828,940 without further Council authorization.
47
Attorney.
Such agreement shall be in such form as is approved by the City
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35504-080601.
AN ORDINANCE authorizing the City Manager's issuance of Change
Order No. 1 to the City's contract with Adams Construction Company to repave
additional streets within City of Roanoke; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the
City, in a form approved by the City Attorney, Change Order No. 1 to the City's
contract with Adams Construction Company for the repaving of additional streets
within the City of Roanoke, all as more fully set forth in the City Manager's letter to
this Council dated August 6, 2001.
2. This Change Order will provide authorization for additions in the
work with an increase in the amount of $150,685.00 to the contract, all as set forth
in the above letter.
48
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST: ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35505-080601.
AN ORDINANCE amending §11.1-6, Erosion and sediment control plan,
of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke
(1979), as amended, by adding new subsection (i) to require the identification of the
person responsible for carrying out a land disturbing activity; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 11.1-6, Erosion and sediment control plan, of Chapter
11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
Sec. 11.1-6. Erosion and sediment control plan.
(i) Any plan approved after July 1, 2001, or any
plan amended and approved after that date, shall include
on it the name of the person who will be in charge of, and
responsible for, carrying out the land disturbing activity,
as well as that person's address and telephone number,
and either that person's certificate number, showing that
the person holds a Responsible Land Disturber Certificate,
49
or any equivalent recognized as such by the Virginia
Department of Conservation and Recreation, or that
person's license number, showing that the person is a
professional engineer, land surveyor, landscape architect
or architect, or any equivalent recognized by the Virginia
Department of Conservation and Recreation.
2. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35506-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Economic Development $ 23,075,355.00
Times -World Corporation Expansion Project (1) ............ 500,000.00
Fund Balance
Reserved Fund Balance - Undesignated Capital Funds
Interest Earnings (2) ..................................... $
33,008.00
1) Appropriated from
General Revenue
2) Reserved Fund
Balance - Capital
Fund Interest
Earnings
(008-310-9687-9003)
(008-3325)
$ 500,000.00
(500,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA
The 6th day of August, 2001.
No. 35507-080601.
AN ORDINANCE authorizing the proper City officials to execute a
Performance Agreement among the City of Roanoke (City), the Industrial
Development Authority of the City of Roanoke, Virginia (IDA), and the Times-World
Corporation (Roanoke Times), that provides for the Roanoke Times to make an
investment in the construction and development of certain property in the City; that
the City will comply with the terms of a separate option contract to transfer two
parcels of real property owned by the City in accordance with the terms of the
Performance Agreement; that the City will make an appropriation of up to $500,000
to the IDA, all for the purpose of promoting economic development in order to fund
the grant that the IDA intends to make to the Roanoke Times; authorizing the City
5]
Manager to execute such other documents and take such further action as may be
necessary to implement the Performance Agreement; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized on a behalf
the City to execute and attest, respectively, a Performance Agreement among the
City, the IDA, and the Roanoke Times, upon certain terms and conditions as set forth
in the City Manager's letter to this Council dated August 6, 2001. The Performance
Agreement is to be in a form approved by the City Attorney, and will provide that the
Roanoke Times will make an investment for an expansion project in the City, that the
City, by a separate option contract, will provide for the transfer of two parcels of City
owned property upon certain terms and conditions, and that the City will make an
appropriation of certain funds as hereinafter set forth to the IDA upon certain terms
and conditions. The Performance Agreement will be substantially similar to the one
attached to the above mentioned letter.
2. The City will appropriate an amount up to $500,000 to the IDAfor
the purposes of promoting economic development in the City and in order to fund
the grant that the IDA intends to make to the Roanoke Times, upon certain terms and
conditions, all as more fully set forth in the above mentioned letter.
3. The City Manager is further authorized to take such action and
execute such documents as may be reasonably necessary to provide for the
implementation and administration of such Performance Agreement.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
52
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6t~ day of August, 2001.
No. 35508-080601.
AN ORDINANCE authorizing execution of an Option Agreement by
which the City of Roanoke grants an option to Roanoke Downtown Properties, LLC,
or its assigns, to purchase certain City-owned property known as Tax Parcels Nos.
1010402 and 1010403, located at 143 Salem Avenue, S. W., and, upon exercise of the
option, the execution of an appropriate deed conveying the property; and dispensing
with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized, for and on
behalf of the City, to execute and attest, respectively, an Option Agreement granting
an assignable option to Roanoke Downtown Properties, LLC, to purchase certain
City-owned property known as Tax Parcels Nos. 1010402 and 1010403, located at
143 Salem Avenue S.W., for the sum of $100.00, upon form approved by the City
Attorney, and substantially in the same form as set forth in the City Manager's letters
to this Council dated May 21, 2001, and August 6, 2001.
2. The City Manager and the City Clerk are authorized, for and on
behalf of the City, to execute and attest, respectively, upon form approved by the
City Attorney, the appropriate deed of conveyance of this property.
3. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35509-080601.
A RESOLUTION accepting the proposal of Manatron, Inc., and
authorizing execution by the City Manager of a contract providing for the purchase
of a ProVal Computer Assisted Mass Appraisal System for the Office of Real Estate
Valuation, upon certain terms and conditions; and rejecting all other proposals made
for such items.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The proposal submitted by Manatron, Inc., for the purchase of a
ProVal Computer Assisted Mass Appraisal System for the Office of Real Estate
Valuation, at a total cost of $119,635 is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a contract in the above amount with Manatron, Inc.,
for the purchase of a ProVal Computer Assisted Mass Appraisal System for the
Office of Real Estate Valuation, upon certain terms and conditions and as more
particularly set forth in the City Manager's letter to this Council dated August 6, 2001.
3. Any and all other proposals made to the City for the above items
are hereby REJECTED, and the City Clerk is directed to notify each such proposer
and to express to each the City's appreciation for such proposal.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
54 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35510-080601.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Civic Center Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $ 590,059.00
Civic Center Fall Protection (1) .................................. 140,000.00
Fund Balance
Retained Earnings Available for Appropriation (2) ................... S, -0-
1) Appropriated from
General Revenue
2) Retained Earnings
Available for
Appropriation
(005-550-8614-9003)
(005-3348)
$ 140,000.00
(140,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
55
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35511-080601.
AN ORDINANCE ratifying the emergency action taken by the City
Manager in connection with emergency improvements to correct the fall protection
system problems in the Roanoke Civic Center Coliseum; ratifying a contract between
the City and Evan Corporation for such emergency work and authorizing the City
Manager to execute such contract; and providing for an emergency.
WHEREAS, Section 41 of the City Charter authorizes the City Manager
to make emergency improvements without the necessity of advertising and receiving
bids, and such section further requires the City Manager to report the facts and
circumstances relating to such purchases to the Council at its next regular meeting,
which was done by her letter of August 6, 2001; and
WHEREAS, on July 17, 2001, the City Manager was advised of a
situation that arose at the Roanoke Civic Center that required emergency
improvements to the fall protection system in the Roanoke Civic Center Coliseum;
and
WHEREAS, pursuant to the City Charter the City Manager declared an
emergency and authorized the immediate procurement of a contractor to correct the
fall protection system problems in the Roanoke Civic Center Coliseum; and
WHEREAS, the City, through the Engineering Department, has
contracted with the Evan Corporation to correct the fall protection system problems
in the Roanoke Civic Center Coliseum for an amount not to exceed $140,000.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The Council of the City of Roanoke hereby affirms and ratifies the
emergency action taken by the City Manager to provide for the correction of the fall
protection system problems in the Roanoke Civic Center Coliseum, all as more fully
described in the City Manager's letter to this Council dated August 6, 2001.
2. The Council of the City of Roanoke hereby affirms and ratifies the
contract with Evan Corporation to correct the current system and/or furnish and
install a new fall protection system in the Roanoke Civic Center Coliseum as set
forth in the above mentioned City Manager's letter and the City Manager and the City
Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively,
the requisite contract with Evan Corporation, the contract to be in such form as is
approved by the City Attorney, and the cost of the work to be paid for out of funds
heretofore simultaneously appropriated by Council.
3. The City Manager is authorized to take such further action or
execute such documents as may be necessary to correct the fall protection system
problems in the Roanoke Civic Center Coliseum.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this Ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35512-080601.
A RESOLUTION confirming the appointment of Sheila N. Hartman as the
Assistant Deputy City Clerk effective August 7, 2001.
WHEREAS, the City Clerk desires to appoint Sheila N. Hartman,
Assistant Deputy City Clerk of the City of Roanoke effective August 7, 2001, to which
appointment this Council desires to express its consent as required by §24 of the
Roanoke City Charter of 1952;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the appointment effective August 7, 2001, by the City Clerk of Sheila N. Hartman
as Assistant Deputy City Clerk of the City of Roanoke is hereby approved, ratified
and confirmed.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2001.
No. 35513-080601.
A RESOLUTION authorizing the acceptance of a bid and execution of
a contract with Landin, Inc., for the provision of services as a third party
administrator forworkers' compensation claims for the City, upon certain terms and
conditions, and rejecting all other bids received.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Landin, Inc., being the most responsible bid received
for the provision of services as a third party administrator for workers'
compensation claims for the City, such services being more particularly described
in the July 16, 2001, letter to this Council, is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, a contract with Landin,
Inc., upon form approved by the City Attorney, for the services listed above for a
period of one (1) year, in an amount not to exceed $40,000.00, with the option to
renew for two (2) additional one-year periods, upon such terms and conditions as
are more fully set out in the letter to this Council dated July 16, 2001.
3. Any and all other bids made to the City for the aforesaid services
are hereby REJECTED, and the City Clerk is directed to notify each such bidder and
to express the City's appreciation for such bid.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35514-082001.
A RESOLUTION paying tribute to Carl H. Kopitzke, upon his
relinquishment of the chair of the Mill Mountain Advisory Committee, and expressing
to him the appreciation of this City and its people for his exemplary public service.
WHEREAS, Mr. Kopitzke began his service as chair of the Committee,
then known as the Mill Mountain Development Committee, in January 1986; and
WHEREAS, Mr. Kopitzke was a guiding force in the revitalization of the
picnic and recreational areas on Mill Mountain; and
WHEREAS, Mr. Kopitzke led in efforts to dedicate the star overlook on
Mill Mountain as the M. Carl Andrews Overlook; and
WHEREAS, Mr. Kopitzke led in the design and creation of the Mill
Mountain Star Trail and had a hand in the design and location of the new Mill
Mountain Discovery Center.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. City Council adopts this means of recognizing, commending and
expressing appreciation for the many years of service rendered to the City of
Roanoke and its people by Carl H. Kopitzke as a member and chair of the Mill
Mountain Advisory Committee.
a
Resolution to Mr. Carl H. Kopitzke.
The City Clerk is directed to forward an attested copy of this
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35515-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General and Grant Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
6O
Nondepartmental $ 66,916,860.00
Transfers to Other Funds (1) ................................ 66,156,363.00
Contingency (2) ........................................... 491,830.00
Grant Fund
Appropriations
Judicial Administration $
Regional Drug Prosecutor FY02 (3-18) ........................
Revenues
Juvenile Administration $
Regional Drug Prosecutor FY02 (19-20) .......................
1) Transfer to Grant Fund
2) Contingency
3) Regular Salaries
4) City Retirement
5) ICMA-RC Match
6) FICA
7) Hospitalization
Insurance
8) Dental Insurance
9) Life Insurance
10) Disability Insurance
11) Telephone
12) Telephone-Cellular
13) Administrative
Supplies
14) Publications and
Subscriptions
15) Dues and
Memberships
16) Printing
17) Postage
18) Other Rental
19) State Grant Receipts
20) Local Match
(001-250-9310-9535)
(001-300-9410-2199)
(035-150-5134-1002)
(035-1'50-5134-1105)
(035-150-5134-1116)
(035-150-5134-1120)
(035-150-5134-1125)
(035-150-5134-1126)
(035-150-5134-1130)
(035-150-5134-1131)
(035-150-5134-2020)
(035-150-5134-2021)
(035-150-5134-2030)
(035-150-5134-2040)
(035-150-5134-2042)
(035-150-5134-2075)
(035-150-5134-2160)
(035-150-5134-3075)
(035-150-5134-5105)
(035-150-5134-5106)
8,170.00
(8,170.00)
74,300.00
4,725.00
1,300.00
5,783.00
5,040.00
404.00
594.00
267.00
2,000.00
300.00
7,832.00
200.00
400.00
300.00
500.00
8,400.00
91,615.00
20,730.00
886,596.00
112,345.00
886,596.00
112,345.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35516-082001.
A RESOLUTION authorizing the acceptance of funding for the regional
drug prosecutor's office from the Compensation Board of the Commonwealth of
Virginia and authorizing the acceptance, execution and filing of appropriate
documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the funding for the regional
drug prosecutor's office in the total amount of $91,615 from the Compensation
Board of the Commonwealth of Virginia for the period of July 1, 2001 through June
30, 2002.
2. The City Manager is hereby authorized to accept, execute and file
on behalf of the City of Roanoke any and all documents required to obtain such
funding.
3. The local cash match for Fiscal Year 2001-02 shall be in the
amount of $20,730.
4. The City Manager is further directed to furnish such additional
information as may be required in connection with the acceptance of the foregoing
funding or with such project.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35517-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Judicial Administration $ 837,040.00
State Asset Forfeiture Proceeds (1-6) ........................ 139,152.00
Revenues
Judicial Administration $ 837,040.00
State Asset Forfeiture Proceeds (7-8) ......................... 139,152.00
1) Telephone - Cellular
2) Administrative Supplies
3) Expendable Equipment
<$5000
4) Training and Development
5) DOT-Personal Computer
Rent/Maintenance
6) Expendable Equipment
$5000
7) State Grant Receipts
8) Interest
(035-150-5140-2021)
(035-150-5140-2030)
(035-150-5140-2035)
(035-150-5140-2044)
(035-150-5140-7007)
(035-150-5140-9005)
(035-150-5140-7107)
(035-150-5140-7275)
10,000.00
12,789.00
10,000.00
10,000.00
10,000.00
10,000.00
59,081.00
3,708.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35518-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 School Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
64 -
Appropriations
Education
Reading Excellence Act - Virginia Heights 2001-02 (1-8) .......
Reading Excellence Act - Westside 2001-02 (9-23) ............
$140,025,007.00
200,546.00
252,555.O0
Revenues
Education
Reading Excellence Act - Virginia Heights 2001-02 (24) ........
Reading Excellence Act - Westside 2001-02 (25) ..............
$140,025,007.00
200,546.00
252,555.00
9)
10)
11)
12)
13)
1) Indirect Costs
2) Other Professional
Services
3) Printing and
Binding Services
4) Mileage
5) Testing/Evaluation/
Dissemination
6) Parent Involvement
7) Educational and
Recreational
(030-061-6190-6000-0212)
(030-061-6190-6000-0313)
(030-061-6190-6000-0 351 )
(030-061-6190-6000-0551)
(030-061-6190-6000-0584)
(030-061-6190-6000-0585)
Supplies (030-061-6190-6000-0614)
8) Additional Machinery
and Equipment (030-061-6190-6000-0821)
Compensation of Substitute
Teachers (030-061-6191-6000-0021 )
Supplements (030-061-6191-6000-0129)
Compensation of Other
Professionals
Compensation of
Teacher Aides
Compensation of
Technology
Assistants
14) Social Security
15) Indirect Costs
(030-061-6191-6000-0138)
(030-061-6191-6000-0141)
(030-061-6191-6000-0146)
(030-061-6191-6000-0201)
(030-061-6191-6000-0212)
(030-061-6191-6000-0313)
(030-061-6191-6000-0351)
(030-061-6191-6000-0551)
(030-061-6191-6000-0583)
( 030-061-6191-6000-0585)
16) Other Professional
Services
17) Printing and Binding
Services
18) Mileage
19) Field Trips
20) Parent Involvement
2,230.00
32,140.00
2,000.00
12,000.00
2,800.00
3,000.00
135,876.00
10,500.00
1,170.00
6,640.00
61,260.00
32,000.00
2,640.00
7,940.00
2,975.00
32,000.00
2,000.00
13,000.00
2,000.00
10,400.00
65
21) Books and
Subscriptions
22) Educational and
Recreational
Supplies
23) Additional Machinery
and Equipment
24) Federal Grant
Receipts
25) Federal Grant
Receipts
(030-061-6191-6000-0613)
(030-061-6191-6000-0614)
(030-061-6191-6000-0821)
(030-061-6190-1102)
(030-061-6191-1102)
13,000.00
63,780.00
1,750.00
200,546.00
252,555.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35519-082001.
A RESOLUTION authorizing and directing the City Manager to file an
application with the Virginia Public School Authority seeking bond financing in an
amount not to exceed $2,750,000.00 to finance certain capital improvements in
connection with Fairview Elementary School, previously approved pursuant to
Resolutions No. 35094-101600 and by the Council at its
October 16, 2000, meeting.
BE IT RESOLVED by the Cl
Roanoke that:
1. The City Manager
authorized and directed to file an a
ity Manager is hereby
Virginia Public School
-
Authority for bond financing in an amount not to exceed $2,750,000.00 (the "Bonds")
to finance certain capital improvements for Fairview Elementary School.
2. The City Clerk is hereby authorized and directed to publish in
accordance with applicable law a public notice of public hearing in connection with
the proposed Bonds to be held on September 17, 2001.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies
that the foregoing constitutes a true and correct extract from the minutes of a
meeting of the City Council held on August 20, 2001, and of the whole thereof so far
as applicable to the matters referred to in such extract. I hereby further certify (a)
that such meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present, and (b) that the
attendance of the members and voting on the foregoing resolution was as follows:
Ralph K. Smith, Mayor
William H. Carder, Vice Mayor
William D. Bestpitch
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Lynda F. Wyatt
Present Absent Aye Nay Abstain
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
day of August, 2001.
ATTEST:
Clerk,
City of Roanoke, Virginia
APPROVED
Mary F. Parker . mith --
City Clerk Mayor '
67
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35520-082001.
A RESOLUTION authorizing and directing the City Manager to file an
application with the Virginia Public School Authority seeking bond financing in an
amount not to exceed $2,500,000.00 to finance certain capital improvements in
connection with Fishburn Park Elementary School, previously approved pursuant
to Resolutions No. 34804-051500 and 34805-051500, adopted by the Council at its
May 15, 2000, meeting.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is hereby
authorized and directed to file an application with the Virginia Public School
Authority for bond financing in an amount not to exceed $2,500,000.00 (the "Bonds")
to finance certain capital improvements for Fishburn Park Elementary School.
2. The City Clerk is hereby authorized and directed to publish in
accordance with applicable law a public notice of public hearing in connection with
the proposed Bonds to be held on September 17, 2001.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies
that the foregoing constitutes a true and correct extract from the minutes of a
meeting of the City Council held on August 20, 2001, and of the whole thereof so far
as applicable to the matters referred to in such extract. I hereby further certify (a)
that such meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present, and (b) that the
attendance of the members and voting on the foregoing resolution was as follows:
Present
Ralph K. Smith, Mayor
William H. Carder, Vice Mayor
William D. Bestpitch
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Lynda F. Wyatt
Absent Aye Nay Abstain
-
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
day of August, 2001.
ATTEST:
Mary F. Parker
City Clerk
Clerk, City of Roanoke, Virginia
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35521-082001.
A RESOLUTION authorizing the appropriate City officials to enter into
the 2001-2002 HOME Investment Partnerships (HOME) Program Agreement with the
Roanoke Redevelopment and Housing Authority, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and City Clerk are hereby authorized to execute and attest, respectively, on
behalf of the City, the 2001-2002 HOME Investment Partnerships (HOME) Program
Agreement with the Roanoke Redevelopment and Housing Authority, approved as
to form by the City Attorney, within the limits of funds and for the purposes as are
more particularly set forth in the City Manager's letter dated August 20, 2001.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35522-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Sewage Treatment Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Sewage Treatment Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay
Roanoke River Interceptor Sewer Construction (1-2) ..........
Roanoke River Interceptor - Construction C, D and E (3-4) .....
Roanoke Interceptor TV Inspection (5-6) ....................
1) Appropriated from
Other Governments
2) Appropriation from
General Revenue
3) Appropriated from
Other Governments
4) Appropriated from
General Revenue
5) Appropriated from
Other Governments
6) Appropriated from
General Revenue
(003-056-8484-8999)
(003-056-8484-9003)
(003-056-8485-8999)
(003-056-8485~003)
(003-530-8488-8999)
(003-056-8488-9003)
$ 60,278,448.00
20,051,306.00
13,874,198.00
635,000.00
(126,130.00)
(73,127.00)
(275,825.00)
(159,918.00)
401,955.00
233,045.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
?0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35523-082001.
AN ORDINANCE accepting the bid of Heitkamp, Inc., and its Division
TRB Specialty Rehabilitation, to provide for the inspection of the old sewer by
remote television cameras, cleaning of the sewer, and the identification and location
of unknown active sewer service connections to the Roanoke River Interceptor
Sewer, upon certain terms and conditions and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Heitkamp, Inc., and its Division TRB Specialty
Rehabilitation, in the amount of $576,745 to provide for the inspection of the old
sewer by remote television cameras, cleaning of the sewer, and the identification
and location of unknown active sewer service connections to the Roanoke River
Interceptor Sewer, as is more particularly set forth in the City Manager's letter dated
August 20, 2001, to this Council, such bid being in full compliance with the City's
plans and specifications made therefor and as provided in the contract documents
offered the bidder, which bid is on file in the Purchasing Department, be and is
hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
7]
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage
APPROVED
ATTEST:
Mary F. Parker
City Clerk
· Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35524-082001.
A RESOLUTION authorizing the execution of an agreement with the
Roanoke Regional Chamber of Commerce for administration of Community
Development Block Grant (CDBG) funds for FY 2001-2002 for services related to the
promotion and development in the central area of the City·
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, an agreement, and any
necessary amendments thereto, with the Roanoke Regional Chamber of Commerce
for administration of Community Development Block Grant (CDBG) funds for FY
2001-2002 for services related to the promotion and development in the central area
of the City, within the limits of funds as more particularly set forth in the City
Manager's letter dated August 20, 2001, and its attachment.
2. The form of said agreement, and any necessary amendments
thereto, shall be approved by the City Attorney.
APPROVED
Mary F. Parker
City Clerk Mayor
-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35525~82001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General and Grant Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Health and Welfare $
Hospitalization Program (1) ..............................
27,386,030.00
48,386.00
Nondepartmental $
Transfer to Other Funds (2) ..............................
66,920,474.00
66,159,977.00
Grant Fund
Appropriations
Health and Welfare
Juvenile Accountability Incentive Block Grant FY02 -
City of Roanoke (3) ...................................
Juvenile Accountability Incentive Block Grant FY02 -
Roanoke County (4) ...................................
3,984,305.00
36,136.00
13,637.00
Revenues
Health and Welfare
Juvenile Accountability Incentive Block Grant FY02 -
City of Roanoke (5-6) ..................................
Juvenile Accountability Incentive Block Grant FY02 -
3,984,305.00
36,136.00
73
Roanoke County (7-8) ..................................
13,637.00
1) Fees for Professional
Services
2) Transfer to
Grant Fund
3) Fees for Professional
Services
4) Fees for Professional
Services
5) State Grant Receipts
6) Local Match
7) State Grant Receipts
8) Local Match
(001-630-5330-2010) $ (
(001-250-9310-9535)
(035-630-5050-2010)
(035-630-5052-2010)
(035-630-5050-5050)
(035-630-5050-5051)
(035-630-5052-5052)
(035-630-5052-5053)
3,614.00)
3,614.00
36,136.00
13,637.00
32,522.00
3,614.00
12,273.00
1,364.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:/~ ~' ~'
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35526-082001.
A RESOLUTION, authorizing the acceptance of funding from the
Department of Criminal Justice Services under its Juvenile Accountability Block
Grant Incentive Program, upon certain terms and conditions.
follows:
BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as
74
1. The City Manager is authorized to accept the Juvenile
Accountability Block Grant allocation of $32,522.00 for Roanoke City and $12,273.00
for Roanoke County, as more particularly stated in the City Manager's letter to this
Council dated August 20, 2001.
2. The City Manager is authorized to execute any and all requisite
documents, including any documents providing for indemnification by the City as
are required for the City's acceptance of this grant, upon form approved by the City
Attorney, and to furnish such additional information as may be required in
connection with the City's acceptance of this grant.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35527-082001.
A RESOLUTION amending the City's Fee Compendium to provide for
revised fees for use of City park facilities and services in order to update current
fees and promote uniformity with fees charged by the City and surrounding
localities; and providing an effective date.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The following fees shall be charged for the following permits and
services:
75
Facility or Service Resident Non-Resident
Recreation Centers: $40 first hour/S25 for each additional hour $45 first hour/S30 for each additional
Grandin Court, plus $50.00 refundable damage deposit hour plus $50.00 refundable damage
Eureka, Preston, deposit
Buena Vista, Villa During Regular Hours:
Heights, Garden If available, space will be provided free of During Regular Hours:
City, Norwich, charge If available, space will be provided free
Thrasher of charge
(After Hours Only) Refunds:
Rental fees are fully refundable if Refunds:
cancellation is made at least 72 hours Rental fees are fully refundable if
before the reserved time. If cancellation is cancellation is made at least 72 hours
made less than 72 hours before the reserved before the reserved time. If cancellation
time, rental fees minus a $25 service charge is made less than 72 hours before the
will be refunded reserved time, rental fees minus a $25
service charge will be refunded.
Recreation Center: $150 first two hours/S50 each additional $175 first two hours/S60 each additional
Mountain View hour plus $100 refundable damage deposit hour plus $100 refundable damage
(or $200 if alcohol is permitted) deposit (or $200 if alcohol is permitted)
During Regular Hours: If available, space During Regular Hours: If available,
will be provided free of charge space will be provided free of charge
Refunds: Refunds:
Rental fees are fully refundable if Rental fees are fully refundable if
cancellation is made at least 72 hours cancellation is made at least 72 hours
before the reserved time. If cancellation is before the reserved time. If cancellation
made less than 72 hours before the reserved is made less than 72 hours before the
time, Reservation fees minus a $75 service reserved time, Reservation fees minus a
charge will be refunded. $75 service charge will be refunded.
Mountain View: After Hours: $50/hour plus $100 After Hours: $50/hour plus $100
Rose Garden refundable damage deposit refundable damage deposit
During Regular Hours: Free During Regular hours: Free
Refunds: Refunds:
Rental fees are fully refundable if Rental fees are fully refundable if
cancellation is made at least 72 hours cancellation is made at least 72 hours
before the reserved time. If cancellation before the reserved time. If cancellation
is made less than 72 hours before the is made less than 72 hours before the
reserved time, rental fees minus a $15 reserved time, rental fees minus a $15
service charge will be refunded, service charge will be refunded
Gymnasium: $25/hour $30/hour
Norwich, Eureka,
Armory
76
Swimming Pools: After Hours Rental: $125 for 3 hours or After Hours Rental: $175 for 3 hours or
less, plus staff costs less, plus staff costs
Regular Hours: Regular Hours:
Children Under 5 - free Children Under 5 - free
Youth (ages 5 to 15) - $1 Youth (ages 5 to 15) - $1
Adults (ages 16 and up) - $2 Adults (ages 16 and up) - $2
Athletic Fields: Rental $12.50 per hour $17.50 per hour
(Does not apply to
tournaments)
Athletic Fields: Full Football (Includes lines ~ 5 yd.
Dragging and intervals, all hashmarks, and numbers @ 10
Marking yard intervals):
(cost additional to any $175 per field
other charges for
athletic fields, with Flag Football (Includes field perimeter
exception of outline, and lines ~ 10 yd. intervals):
tournaments) $125 per field
Soccer (Includes perimeter outline,
midfield line/circle, plus 6 yard and 18 yard
boxes. Note - youth fields marked
proportionately to field size):
$125 per field
Baseball and Softball (Includes all foul
lines, coaches boxes, batter's boxes and
pitchers circle - if applicable - plus broom
dragging field and filling obvious holes):
$100 per field
Athletic Fields: $7.50 per hour $7.50 per hour
Lighting
(cost additional to any
other charges for
athletic fields)
Athletic Fields: $5/team entered into tournament, or $125
Tournaments per field per day, whichever is greater
(minimum $125) plus direct costs for staff
and $200 refundable deposit per field.
(This costs covers dragging and marking
services, but not lighting.)
Tennis Courts $2.50 per hour per court $3.00 per hour per court
77
Picnic Shelters: $30 for half day $40 for half day
Crystal Spring $40 for full day $50 for full day
Eastgate, Eureka,
Fallon, Fishbum, Refunds: Refunds:
Golden, Jackson, Reservation fees are fully refundable if Reservation fees are fully refundable if
Melrose, Preston, cancellation is made at least 72 hours cancellation is made at least 72 hours
Smith, Strauss, before the reserved time. If cancellation is before the reserved time. If cancellation
Thrasher, Washington made less than 72 hours before the reserved is made less than 72 hours before the
-Upper, Washington - time, only 50% of the reservation fee will reserved time, only 50% of the
Lower, Wasena - be refunded, reservation fee will be refunded.
Brick, Wasena - Stone
Picnic Shelter: Mill $45 for half day $60 for half day
Mountain $60 for full day $75 for full day
Reservation fees are fully refundable if Reservation fees are fully refundable if
cancellation is made at least 72 hours cancellation is made at least 72 hours
before the reserved time. If cancellation is before the reserved time. If cancellation
made less than 72 hours before the reserved is made less than 72 hours before the
time, only 50% of the reservation fee will reserved time, only 50% of the
be refunded, reservation fee will be refunded.
Discovery Center $175 fn:st two hours, $50 for each hour $225 first two hours, $75 for each hour
(may be rented after after plus $100 refundable damage deposit after plus $100 refundable damage
operational hours (or $200 if alcohol is permitted) deposit (or $200 if alcohol is permitted)
only)
Refunds: Refunds:
Rental fees are fully refundable if Rental fees are fully refundable if
cancellation is made at least 72 hours cancellation is made at least 72 hours
before the reserved time. If cancellation is before the reserved time. If cancellation
made less than 72 hours before the reserved is made less than 72 hours before the
time, rental fees minus a $75 service charge reserved time, rental fees minus a $75
will be refunded service charge will be refunded
Labon Johnson $125 for first eight hours, $15 for each $175 for first eight hours, $20 for each
(Elmwood Park) additional hour additional hour
Amphitheater
Refunds: Refunds:
Rental fees are fully refundable if Rental fees are fully refundable if
cancellation is made at least 72 hours cancellation is made at least 72 hours
before the reserved time. If cancellation is before the reserved time. If cancellation
made less than 72 hours before the reserved is made less than 72 hours before the
time, rental fees minus a $50 service charge reserved time, rental fees minus a $50
will be refunded, service charge will be refunded.
Stage One Canopy Direct Cost of Erection and Breakdown of Direct Cost of Erection and Breakdown
(Elmwood Park) Canopy plus 15% of direct costs of Canopy plus $15% of direct costs
Highland Park $25/half day $35/half day
Amphitheater $35/full day $45/full day
78 -
Support for Non- Official Departmental Rate (as established Official Departmental Rate (as
departmental, Non- yearly by Office of Management and established yearly by Office of
City Special Events Budget) per employee per hour. Management and Budget) per employee
per hour
"Festival" Trash Cost to Department plus 10% rounded up Department Cost plus 10% rounded up
Receptacles and liners to next highest dollar amount, to next highest dollar amount.
Mobile Stage Event - Held m City, co-sponsored by Parks and Recreation Dept.: No charge if set-up and
take-down are during business hours. If overtime labor is involved, decision as to whether to
charge for direct labor costs shall be determined by Director of P&R
Event - Held in City by any user and for which no fee, such as participation, entrance or
admission is charged: $600 for 8 hours or less plus $100 per each additional hour
Event - Held in City by 501(c) 3 non-profit organization and for which a fee, such as for
participation or admission is charged: $900 for eight hours or less plus $125 per each
additional hour
Event - Held in the City and which is sponsored by any other person or entity for which a fee,
such as for participation or admission, is charged: $900 for eight hours or less plus$125 per
each additional hour plus 15% of Gross revenues collected by user
Event - Held outside the City:
The Mobile Stage shall not be used outside the City of Roanoke unless it is to provide support;
for a Valley-wide event and the event is co-sponsored with the City of Roanoke.
Additional personnel will be needed if stage panels are requested, or an electrician is needed.
The cost for these personnel will be billed at the appropriate City Department's rate as
established yearly by the Office of Management and Budget, and will be for a minimum of
four hours per person.
Reservation fee shall be 50% of total rental.
Cancellation:
Made more than 72 hours prior to set-up time - 25% of rental fee will be retained as service
charge
Made within 72 hours of the set-up time but before vehicle leaves garage - 75% of rental fee
will be retained as service charge
Made after the vehicle has left the garage - none of the rental fee will be refunded.
79
Special Considerations
Roanoke City School Functions:
Teacher affiliated field trips - fees will be waived for shelter and recreation
center use, unless special cleaning is requested.
School affiliated events co-sponsored by P&R - fees will either be waived
or direct costs charged, depending on the service being requested and
personnel overtime expenses.
Neighborhood Partnership Meetings:
Rental fees for recreation centers for regular monthly meetings of
Neighborhood Parmership organizations will be waived.
3. The Fee 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 to reflect
the new and amended fees.
4. Resolution No. 32412-032795 is hereby amended to the extent and
only to the extent of any inconsistency with this Resolution.
5. The fees established bythis Resolution shall remain in effect until
amended by this Council.
2001.
This Resolution shall be in full force and effect on September 1,
ATTEST:
Mary F. Parker
City Clerk
APPROVED
· Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35528-082001.
A RESOLUTION accepting two bids for the purchase of one (1) hydraulic
crane and one (1) cab/chassis upon certain terms and conditions, finding that the
Iow bidder with regard to the hydraulic crane did not provide a responsive bid, and
rejecting all other bids made for such equipment.
BE IT RESOLVED by this Council of the City of Roanoke that:
1. The Iow bidder on the hydraulic crane took exceptions to required
boom length, jib, basket capacity and outrigger specifications requested in the bid.
The Iow bidder did not submit a bid which conformed in all material respects to the
invitation for bid and was thus nonresponsive.
2. The bids in writing of the following named bidders to furnish to
the City the items hereinafter set out and generally described, such items being
more particularly described in the City's specifications and any alternates and in
each bidder's proposal, are the lowest responsive bids and are hereby ACCEPTED,
as set forth in the City Manager's letter to Council dated August 20, 2001, at the
purchase prices set out with each item:
Quantity Description Successful Bidder Purchase Price
1 cab/chassis for crane Magic City Motor Corp. $43,888.00
Roanoke, VA
1 hydraulic crane J.W. Burress, Inc. $69,988.00
Roanoke, VA
3. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase orders therefor,
incorporating into said orders the City's specifications, the terms of said bidder's
proposal and the terms and provisions of this resolution.
8]
4. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to notify each
such bidder and to express to each the City's appreciation for such bid.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35529-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Consortium Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Consortium Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment & Training Consortium $
Other Jurisdictional Contributions (1) ........................
CDBG - Employment/Training (2-11) ..........................
Logo Account -Virginia Workforce Emblem (12) ................
5,709,483.00
1,770.00
43,000.00
10,000.00
Revenues
Fifth District Employment & Training Consortium $ 5,709,483.00
Other Jurisdictional Contributions (13) ....................... 1,770.00
CDBG - Employment/Training (14) ...........................
Logo Account - Virginia Workforce Emblem (15) ...............
43,000.00
10,000.00
1) Miscellaneous
2) Wages
3) Fringe Benefits
4) Travel/Training
5) Communication
6) Supplies
7) Insurance
8) Contractual Services
9) Equipment/Furniture
10) Participant Support
11) On-The-Job Training
12) Supplies
13) Other Jurisdictional
Revenue
14) CDBG - Employment/
Training
15) Logo Account
Revenue
(034-633-2180-8360)
(034-633-2287 -8050)
(034-633-2287-8051)
(034-633-2287-8052)
(034-633-2287-8053)
(034-633-2287-8055)
(034-633-2287-8056)
(034-633-2287-8057)
(034-633-2287 -8059)
(034-633-2287-8461)
(034-633-2287-8501)
(034-633-2292-8055)
(034-633-2180-2180)
(034-633-2287-2287)
(034-633-2292-2292)
1,770.00
24,796.00
5,454.00
1,000.00
1,000.00
1,000.00
500.00
2,000.00
500.00
3,750.00
3,000.00
10,000.00
1,770.00
43,000.00
10,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY' OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35530-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing fOr an emergency.
WHEREAS, for the usual daily operatiOn of the Municipal Government
of the City of Roanoke, an emergency is declared to' exist,
THEREFORE, BE IT ORDAINED bY the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Health and Welfare - Special Purpose $ 321,731.00
Library of Virginia - Infopowering Grant Funds (1) ............ 22,800.00
Revenues
Health and Welfare - Special Purpose $ 321,731.00
Library of Virginia - Infopowering Grant Funds (2) ............ 22,800.00
1) Expendable Equipment
$5,000
2) Library of Virginia
Infopowering
Revenue
(035-650-9740-2035) $
(035-650-9740-9740)
22,800.00
22,800.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35531-082001.
A RESOLUTION, accepting a Library of Virginia Grant to the Raleigh
Court and Williamson Road branches of the Roanoke City Public Library for the
purchase of four computers for each branch, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts a Library of Virginia Grant in the amount
of $11,400.00 to the Raleigh Court and Williamson Road branches of the Roanoke
City Public Library, to be used for the purchase of four computers for each branch,
as more particularly set forth in the August 20, 2001, letter of the City Manager to this
Council.
2. The City Manager is authorized to execute any and all requisite
documents, including any documents providing for indemnification by the City as
are required for the City's acceptance of this grant, upon form approved by the City
Attorney, and to furnish such additional information as may be required in
connection with the City's acceptance of this grant.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35532-082001.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Safety $1,408,564.00
Local Law Enforcement Block Grant FY02 (1-4) ................ 161,510.00
Revenues
Public Safety $1,408,564.00
Local Law Enforcement Block Grant FY02 (5-7) ................ 161,510.00
1) Overtime (035-640-3332-1003)
2) FICA (035-640-3332-1120)
3) Expendable Equipment
<$5,000
4) Training &
Development
5) Federal Grant
Receipts
6) Local Match
7) Interest
(035-640-3332-2035)
(035-640-3332-2044)
(035-640-3332-3332)
(035-640-3332-3333)
(035-640 -3332 -3334)
$134,840.00
11,170.00
15,000.00
500.00
140,859.00
15,651.00
5,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35533-082001.
A RESOLUTION authorizing the acceptance of a certain Local Law
Enforcement Block Grant from the United States Department of Justice, and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to
accept from the U.S. Department of Justice, a Local Law Enforcement Block Grant
in the amount of $140,859, with the City providing $15,651 in local match, such grant
being more particularly described in the letter of the City Manager, dated August 20,
2001, upon all the terms, provisions and conditions relating to the receipt of such
funds.
2. The City Manager is hereby authorized to execute, on behalf of
the City, any documentation required in connection with the acceptance of such
grant and to furnish such additional information as may be required by the
Department of Justice.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35535-082001.
AN ORDINANCE adopting Vision 2001, dated August 20, 2001, the
comprehensive plan for the City of Roanoke, adopting as elements of Vision 2001
those neighborhood plans and plans of development previously adopted as
elements of Roanoke Vision, and dispensing with the second reading of this
ordinance by title.
WHEREAS, §15.2-2223 of the Code of Virginia (1950), as amended,
requires the Planning Commission for the City of Roanoke ("Planning Commission")
to prepare and recommend to the City Council for adoption a comprehensive plan
for the physical development of the City of Roanoke;
WHEREAS, on May 12, 1986, by Ordinance No. 28141, City Council
adopted Roanoke Vision, Comprehensive Development Plan for Roanoke, Virginia,
1985-2005 ("Roanoke Vision"), as the comprehensive development plan for the City
of Roanoke;
WHEREAS, the Planning Commission has determined that Roanoke
Vision is outdated and should be replaced;
WHEREAS, the Planning Commission has caused to be prepared Vision
2001, dated August 20, 2001 ("Vision 2001"), a comprehensive plan for the physical
development of the City of Roanoke, by Hutton Associates, Inc., Benson Associates,
and Hill Studio, P.C.;
WHEREAS, the Planning Commission has received public comments
pertaining to Vision 2001 and its recommendation takes into account those public
comments;
WHEREAS, Sections III, IV and V of the South Roanoke Neighborhood
Plan, adopted by City Council in Ordinance No. 29198 (July 11, 1988), the Greater
Deyerle Neighborhood Plan, adopted by City Council in Ordinance No. 30135-70990
(July 9, 1990), the Roanoke Valley Conceptual Greenways Plan, adopted by City
Council in Ordinance No. 33357-042197 (April 21,1997), the Roanoke Valley Regional
Stormwater Management Plan, adopted by City Council in Ordinance No. 33760-
031698 (March 16, 1998), the Greater Raleigh Court Neighborhood Plan, adopted by
City Council in Ordinance No. 34303-051799 (May 17, 1999), the Comprehensive
Parks and Recreation Master Plan, adopted by City Council in Ordinance No. 34835-
051500 (May 15, 2000), and the Melrose-Rugby Neighborhood Plan, adopted by City
Council in Ordinance No. 35434-061801 (June 18, 2001) (hereinafter referred
collectively as "Element Plans"), have been adopted as elements of Roanoke Vision;
WHEREAS, the purpose of Vision 2001 is to replace Roanoke Vision, but
not the Element Plans adopted as elements of Roanoke Vision;
WHEREAS, each of such Element Plans referenced above conforms to,
and is substantially in accord with, Vision 2001;
WHEREAS, the Commission, after giving proper legal notice, and after
conducting a public hearing on the matter, recommended to City Council that Vision
2001 should be adopted by the City Council for the City of Roanoke as the
comprehensive plan for the physical development of the City of Roanoke to replace
Roanoke Vision and that all Element Plans referenced above should be adopted as
elements of Vision 2001 by the City Council for the City of Roanoke and certified and
sent to the City Council for the City of Roanoke for its consideration; and
WHEREAS, this Council, after giving proper legal notice, and after
conducting a public hearing on the matter, desires to adopt Vision 2001 as the
comprehensive plan for the City of Roanoke and to adopt the Element Plans as
elements of Vision 2001.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. Vision 2001 be and is hereby adopted by the City Council as the
comprehensive plan for the physical development of the City of Roanoke to replace
Roanoke Vision.
2. All Element Plans referenced above are hereby adopted as
elements of Vision 2001.
3. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35536-082001.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 157, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance.
WHEREAS, the City of Roanoke has made application to the Council of
the City of Roanoke to have the hereinafter described property rezoned from RS-2,
Residential Single-family District, to C-2, General Commercial District, subject to
certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on August 20, 2001, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That certain tract of land containing approximately 2.80 acres, more or
less, located on Colonial Avenue, S.W., and designated on Sheet No. 157 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1570101, be, and is
hereby rezoned from RS-2, Residential Single- family District, to C-2, General
Commercial District, subject to the proffers contained in the First Amended Petition
filed in the Office of the City Clerk on July 5, 2001, and that Sheet No. 157 of the Zone
Map be changed in this respect.
-
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35537~82001.
AN ORDINANCE authorizing the City Manager to execute an agreement,
deed and any related and necessary documents providing for the sale and
conveyance of City-owned property located on Colonial Avenue, S.W., containing
approximately 2.80 acres, more or less, and being a portion of Official Tax No.
1570101, and a five-year ingress/egress easement to CHS, Inc., upon certain terms
and conditions, and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on August 20, 2001, pursuant to
§§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 conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, an agreement, deed
and any related and necessary documents providing for the sale and conveyance of
City-owned property located on Colonial Avenue, S.W., containing approximately
2.80 acres, more or less, and being a portion of Official Tax No. 1570101, along with
a five-year ingress/egress easement across a portion of such tax parcel to CHS, Inc.,
for the consideration of $375,000.00, upon the terms and conditions set forth in the
City Manager's letter to this Council dated August 20, 2001.
2. The City Manager is authorized to execute the subdivision plat
necessary to create the parcel to be conveyed.
3. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
4. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
· Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35538-082001.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-2, General Commercial District, and
dispensing with the second reading of this ordinance.
WHEREAS, Lee Hi Land Group filed an application to the Council of the
City of Roanoke to amend certain conditions presently binding upon a tract of land
lying on the north side of Orange Avenue, N.E., and designated as Official Tax No.
7140114, which property was previously conditionally rezoned by the adoption of
Ordinance No. 33516-080497, adopted August 4, 1997; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on July 16, 2001, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, such
meeting being carried over and continued to a date on which the applicant could be
present; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on August 20, 2001, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the conditions now binding upon a tract of land lying on the north side
of Orange Avenue, N.E., and designated as Official Tax No. 7140114, and the matters
presented at the public hearing, should be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet
No. 714 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the
changes in proffered conditions as shown in the Third Amended Petition to Amend
Proffered Conditions filed in the City Clerk's Office on July 10, 2001, and as set forth
in the report of the Planning Commission dated July 16, 2001, and Ordinance No.
33416-080497, adopted August 4, 1997, is amended to reflect the changes in
proffered conditions.
BE IT FINALLY ORDAINED by the Council of the City of Roanoke that
pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35539-082001.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No.647, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance.
WHEREAS, Newbern Properties, LP, has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned
from RM-2, Residential Multifamily, Medium Density District, to LM, Light
Manufacturing District, subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on August 20, 2001, after due and timely notice thereof as
required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 647 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
94
That property located at the terminus of Tuckawana Circle, N.W.,
containing approximately 1.67 acres, and designated on Sheet No. 647 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6472003, be, and is
hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to LM,
Light Manufacturing District, subject to the proffers contained in the First Amended
Petition filed in the Office of the City Clerk on July 20, 2001, and that Sheet No. 647
of the Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
No. 35540-082001.
AN ORDINANCE amending and reordaining §6-7, Limitation on kee~)inq
cattle, sheep, goats and swine, of Article I, In General, of Chapter 6, Animals and
Fowl, of the Code of the City of Roanoke (1979), as amended, to prohibit the keeping
of any cattle, swine, sheep or goat in any area of the City not zoned for agricultural
use; dispensing with the second reading of this ordinance by title; and providing for
an effective date.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 6-7, Limitation on keeping cattle, sheep, goats and swine,
of Article I, In General, of Chapter 6, Animals and Fowl, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
95
Sec. 6-7. Limitation on keeping cattle, sheep, goats and swine.
No person shall keep or maintain any cattle, swine, sheep or goat, in
any area of the city not zoned for agricultural use; provided, however, cattle, sheep,
goats or swine may be kept in enclosed, clean and sanitary lots or pens for not more
than twenty-four (24) hours for the purpose of shipment, slaughter, or sale, when
such lots or pens are not closer than three hundred (300) feet to any house or other
building used for residential purposes, and cattle, sheep, goats or swine may be
kept or maintained on farms five (5) acres in size or larger, regardless of zoning. As
used in this section, a "farm" shall be defined as a parcel of land devoted to
production for sale of plants or animals or to the production for sale of plant or
animal products useful to man.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
This ordinance shall take effect October 1, 2001.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
96
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35534-090401.
AN ORDINANCE authorizing an agreement with the City of Salem,
virginia, to provide mutual automatic aid for fire protection services within
designated areas; and authorizing notice of termination of the lease for the fire
station located at 4810 Salem Turnpike, N.W.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized on
behalf of the City, to execute and attest, respectively, a Memorandum of Agreement
for Mutual Automatic Aid for Fire Protection Services with the City of Salem, Virginia,
which provides for mutual automatic aid for fire services within designated areas of
the respective cities.
2. Such agreement to be in substantially the form attached to the
City Manager's letter to this Council dated August 20, 2001, the form of such
agreement to be approved as to form and execution by the City Attorney.
3. The City Manager is hereby authorized on behalf of the City to
provide the required 90 day notice of termination of the lease on October 1,2001, for
the fire station located at 4810 Salem Turnpike, N.W., so that the lease terminates
December 31, 2001.
4. During the implementation period Council will receive monthly
status reports detailing the progress made by the Employee Transition Team.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
97
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35541-090401.
AN ORDINANCE authorizing an Agreement for Project Based Financing
by Virginia's First Regional Industrial Facility Authority(Authority); authorizing the
Mayor and the City Clerk to execute such Agreement; and providing for an
emergency.
WHEREAS, by agreement dated September 1, 1998, which was
authorized by Ordinance No. 33961-081798, adopted August 17, 1998, the City of
Roanoke became one of the initial members of the Authority; and
WHEREAS, the Authority has requested that its Member Localities
authorize an Agreement for Project Based Financing by the Authority; and
WHEREAS, City Council agrees that the Authority should be able to
provide for project based financing.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. City Council hereby approves the provisions of the Agreement for
Project Based Financing byVirginia's First Regional Industrial FacilityAuthoritythat
is attached to the City Manager's letter to this Council dated September 4, 2001,
provided that the final agreement will be the same or substantially the same as the
one attached to that letter.
2. The Mayor and the City Clerk are hereby authorized, on behalf of
the City, to execute and attest, respectively, such Agreement for Project Based
Financing by Virginia's First Regional Industrial Facility Authority in a form
substantially similar to the one attached to the above letter, such Agreement to be
approved as to form by the City Attorney.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35542-090401.
AN ORDINANCE approving an Amendment to the New River Valley
Commerce Park Project Participation Agreement; authorizing the Mayor and the City
Clerk to execute such Amendment; and providing for an emergency.
WHEREAS, by agreement dated October 14, 1999, which was authorized
by Ordinance No. 34498-100499, adopted October 4, 1999, the City of Roanoke
became a participant in the New River Valley Commerce Park Proje~=t which was
being undertaken byVirginia's First Regional Industrial FacilityAuthority(Authority);
and
WHEREAS, the Participation Agreement provides that a participant may
withdraw from the project as the other participants may unanimously agree; and
WHEREAS, the County of Wythe, Virginia, has requested to withdraw
from the Participation Agreement and the Authority and participants have agreed to
allow such withdrawal; and
WHEREAS, the Authority has requested the City to authorize an
Amendment to the Participation Agreement allowing the withdrawal of the County
of Wythe, Virginia.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. City Council hereby approves the provisions of the Amendment to
the New River Valley Commerce Park Project Participation Agreement attached to
the City Manager's letter to this Council dated , 2001, provided that the final
Amendment will be the same or substantially the same as the one attached to that
letter.
2. The Mayor and the City Clerk are hereby authorized, on behalf of
the City, to execute and attest, respectively, an Amendment to the New River Valley
Commerce Park Project Participation Agreement in a form substantially similar to
the one attached to the above letter, such Amendment to be approved as to form by
the City Attorney.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
100
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35543-090401.
AN ORDINANCE accepting the bid of Hager Electric, LLC, for ballfield
lighting replacement at Huff Lane Park - Fields 1 and 2, Strauss Park, Westside
Ballfield - Field 1, Garden City Park, Norwich Park, Jackson Park and Preston Park,
upon certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all
other bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Hager Electric, LLC, in the amount of $436,281.48 (which
consists of $429,499.00 for the Base Bid and $6,782.48 for Additive Bid Item No. 1 for
the installation of the lighting system and equipment at Preston Park - Field 2) for
ballfield lighting replacement at Huff Lane Park - Fields 1 and 2, Strauss Park,
Westside Ballfield - Field 1, Garden City Park, Norwich Park, Jackson Park and
Preston Park, as is more particularly set forth in the City Manager's Letter dated
September 4, 2001, to this Council, such bid being in full compliance with the City's
plans and specifications made therefor and as provided in the contract documents
offered the bidder, which bid is on file in the Purchasing Department, be and is
hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
101
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35544-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General and Grant Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Community Development $ 46,456,336.00
Planning and Code Enforcement (1-15) ................... 1,113,757.00
102 -
Housing and Neighborhood Services (16-39) ...............
Nondepartmental
Contingency (40) ..................................
Revenues
Grants-in-Aid Commonwealth Library (41) ........................................
Grant Fund
Community Development Block Grant
City Code Enforcement FY02 (42-64) ....................
Community Development Block Grant-Unprogrammed FY02
Unprogrammed - Community Development Block Grant FY02 (65)
1) Regular Employee
Salaries (001
2) City Retirement (001
3) ICMA Match (001
4) FICA (001
5) Hospital Insurance (001
6) Dental Insurance (001
7) Life Insurance (001
8) Disability Insurance (001
9) Fees for Professional
Services (001
10) Advertising (001
11) Telephone-Cellular (001
12) Administrative Supplies (001
13) Motor Fuels and
Lubricants (001
14) Printing (001
15) Postage (001
16) Regular Employee
Salaries
17) City Retirement
18) ICMA Match
19) FICA
-610-8110-1002)
-610-8110-1105)
-610-8110-1116)
-610-8110-1120)
-610-8110-1125)
-610-8110-1126)
-610-8110-1130)
-610-8110-1131)
-610-8110-2010)
-610-8110-2015)
-610-8110-2021)
-610-8110-2030)
-610-8110-2038)
-610-8110-2075)
-610-8110-2160)
(001-615-8113-1002)
(001-615-8113-1105)
(001-615-8113-1116)
(001-615-8113-1120)
(107,026.00)
(6,827.00)
(2,200.00)
(8,356.00)
(8,529.00)
( 683.00)
( 856.00)
( 385.00)
(13,000.00)
(5,ooo.oo)
(1,700.00)
(2,000.00)
(4,000.00)
(1,ooo.oo)
(8,ooo.0o)
199,206.00
12,588.00
3,460.00
15,408.00
769,420.00
66,563,143.00
419,004.00
46,402,072.00
269,167.00
2,259,561.00
29,857.00
150,143.00
150,143.00
103
20) Hospitalization
Insurance
21) Dental Insurance
22) Life Insurance
23) Disability Insurance
24) Fees for Professional
Services
25) Advertising
26) Telephone
27) Telephone-Cellular
28) Administrative Supplies
29) Expendable Equipment
30) Motor Fuels and
Lubricants
31) Dues and Memberships
32) Training and
Development
33) Printing
34) Postage
35)~Material Controls
36) Management Services
37) Fleet Management
38) Fleet Rentals
39) Vehicle Insurance
Premium
40) Contingency
41) Library
42) Regular Employee
Salaries
43) City Retirement
44) ICMA Match
45) FICA
46) Hospitalization
Insurance
47) Dental Insurance
48) Life Insurance
49) Disability Insurance
50) Advertising
51) Telephone
(001-615-8113-1125)
(001-615-8113-1126)
(001-615-8113-1130)
(001-615-8113-1131)
(001-615-8113-2010)
(001-615-8113-2015)
(001-615-8113-2020)
(001-615-8113-2021)
(001-615-8113-2030)
(001-615-8113-2035)
(001-615-8113-2038)
(001-615-8113-2042)
(001-615-8113-2044)
(001-615-8113-2075)
(001-615-8113-2160)
(001-615-8113-7005)
(001-615-8113-7015)
(001-615-8113-7025)
(001-615-8113-7027)
(001-615-8113-7018)
(001-300-9410-2199)
(001-110-1234-0656)
(035-G02-0222-1002)
(035-G02-0222-1105)
(035-G02-0222-1116)
(035-G02-0222-1120)
(035-G02-0222-1125)
(035-G02-0222-1126)
(035-G02-0222-1130)
(035-G02-0222-1135)
(035-G02-0222-2015)
(035-G02-0222-2020)
$16,671.00
1,336.00
1,593.00
717.00
13,000.00
5,750.00
3,700.00
3,370.00
4,825.00
5,500.00
4,350.00
925.00
2,000.00
3,116.00
13,400.00
150.00
1,000.00
2,500.00
4,040.00
1,100.00
(80,996.00)
69,147.00
(92,180.00)
(5,761.00)
(1,260.00)
(7,052.00)
(8,142.00)
( 653.00)
( 737.00)
( 332.00)
( 750.00)
(3,700.00)
104 -
52) Telephone-Cellular
53) Administrative Supplies
54) Expendable Equipment
55) Motor Fuels and
Lubricants
56) Dues and Membership
57) Training and
Development
58) Printing
59) Postage
60) Material Controls
61) Management Services
62) Fleet Management
63) Fleet Rentals
64) Vehicle Insurance
Premiums
65) Unprogrammed-CDBG
(035-G02-0222-2021)
(035-G02-0222-2030)
(035-G02-0222-2035)
(035-G02-0222-2038)
(035-G02-0222-2042)
(035-G02-0222-2044)
(035-G02-0222-2075)
(035-G02-0222-2160)
(035-G02-0222-7010)
(035-G02-0222-7015)
(035-G02-0222-7025)
(035-G02-0222-7027)
(035-G02-0222-7018)
(035-G02-0240-5184)
( $ 1,670.00)
(2,825.00)
(5,500.00)
( 350.00)
( 925.00)
(2,000.00)
(2,116.00)
(5,400.00)
( 150.00)
(1,000.00)
(2,500.00)
(4,040.00)
(1,100.00)
150,143.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35545-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
Grant Fund Appropriations, and providing for an emergency.
105
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Parks, Recreation and Cultural
Challenge Grant FY02 (1) ...............................
$ 28,000.00
5,000.00
Revenues
Parks, Recreation and Cultural
Challenge Grant FY02 (2) ................................
28,000.00
5,000.00
1) Subsidies (035-410-8736-3700)
2) Challenge Grant FY02 (035-410-8736-8736)
$ 5,000.00
5,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35546-090401.
A RESOLUTION authorizing the acceptance of a Local Government
Challenge Grant from the Virginia Commission for the Arts, upon certain terms and
conditions.
106 -
BE IT RESOLVED, by the Council of the City of Roanoke as follows:
1. The City of Roanoke accepts a Local Government Challenge
Grant, Number 02-435, from the Virginia Commission for the Arts in the amount of
$5,000.00 to be used for those purposes and under the terms and conditions as more
particularly stated in the City Manager's letter to this Council dated September 4,
2001.
2. The City Manager is hereby authorized to execute any and all
requisite documents, including any documents providing for indemnification by the
City as are required for the City's acceptance of this grant, upon form approved by
the City Attorney, and to furnish such additional information as may be required in
connection with the City's acceptance of this grant.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35547~90401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
General and Capital Projects Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
107
General Fund
Ap_~ro_~riations
Public Works
Building Maintenance (1) ...........................
24,261,948.00
3,721,018.00
Nondepartmental
Transfers to Other Funds (2) ........................
67,014,492.00
66,253,765.00
Capital Projects Fund
Appropriations
General Government
Public Works Service Center New Roof Level 4 (3) .......
18,906,420.00
88,000.00
Revenues
Nonoperating
Transfers from Other Funds (4) ........................
3,382,900.00
3,382,900.00
1) Maintenance of
Fixed Assets
2) Transfer to Capital
Projects Fund
3) Appropriated from
General Revenue
4) Transfer from
General Fund
(001-440-4330-3057)
(001-250-9310-9508)
(008-530-9768-9003)
(008-110-1234-1037)
$ (88,000.00)
88,000.00
88,000.00
88,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
108
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35548-090401.
AN ORDINANCE accepting the bid of Consolidated Industrial Roofing,
Inc., for the pressure cleaning of the present standing seam metal roof, the
installation of insulation and a new 60 mil EPDM adhered roof membrane at the
Public Works Service Center (Roof Level 4, Phase 3), upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Consolidated Industrial Roofing, Inc., in the amount of
$83,750 for the pressure cleaning of the present standing seam metal roof, the
installation of insulation and a new 60 mil EPDM adhered roof membrane at the
Public Works Service Center (Roof Level 4, Phase 3), as is more particularly set
forth in the City Manager's Letter dated September 4, 2001, to this Council, such bid
being in full compliance with the City's plans and specifications made therefor and
as provided in the contract documents offered the bidder, which bid is on file in the
Purchasing Department, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
109
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35549-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Sanitation
Trevino Drive Drainage Project (1-2) ........................
$ 2,748,825.00
256,500.00
Capital Improvement Reserve
Public Improvement Bonds Series 1996 (3) ..................
Public Improvement Bonds Series 1999 (4) ...................
(1,280,565.00)
-0'
4,837,294.00
110
1) Appropriated from
Bond Funds -
Series 1999
(008-052-9694-9001)
37,893.00
2) Appropriated from
Bond Funds -
Series 1996
3) Storm Drains
4) Storm Drains
(008-052-9694-9088)
(008-052-9701-9176)
(008-052-9709-9176)
155,207.00
(155,207.00)
(37,893.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35550-090401.
AN ORDINANCE accepting the bid of Merle Callinder, t/a Callinder's
General Construction, for the installation of approximately 1,160 feet of gabion
baskets and to place riprap on the bottom of the channel beginning at 1121 Trevino
Drive and ending at 1247 Trevino Drive for the Trevino Drive Storm Drainage Project,
upon certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all
other bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Merle Callinder, t/a Callinder's General Construction, in
the amount of $167,901.80 for the installation of approximately 1,160 feet of gabion
baskets and to place riprap on the bottom of the channel beginning at 1121 Trevino
111
Drive and ending at 1247 Trevino Drive for the Trevino Drive Storm Drainage Project,
as is more particularly set forth in the City Manager's Letter dated September 4, 2001,
to this Council, such bid being in full compliance with the City's plans and
specifications made therefor and as provided in the contract documents offered the
bidder, which bid is on file in the Purchasing Department, be and is hereby
ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35551-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
112
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Economic Development $ 27,065,963.00
RCIT Infrastructure Extension (1) ............................ 3,195,625.00
Revenues
Due from State (2) ......................................... -0-
1) Appropriated from
State Grant Funds (008-052-9632-9007) $ (25,140)
2) RCIT - State Industrial
Access Grant (008-1315) (25,140)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35552-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
Civic Center Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
113
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Civic Center - Capital Outlay (1) ..............................
Civic Center Expansion and Renovation - Phase I (2) ............
1) Other Equipment (005-550-2108-9015) $ (285,000)
2) Appropriated from
General Revenue (005-550-8615-9003) 285,000
$1,891,356.00
285,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35553-090401.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds of its general obligation public improvement bonds authorized to be issued
pursuant to Resolution No. 35373-060401, adopted June 4, 2001, for certain
expenditures to be made in connection with proposed capital improvements to the
Roanoke Civic Center; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
114
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse $800,000
appropriated by an ordinance simultaneously adopted by the City Council on
September 17, 2001, for certain expenditures to be made in connection with the
purchase of the items as set forth in the City Manager's Letter to this Council dated
September 17, 2001, for Phase I of the Roanoke Civic Center Expansion and
Renovation Project from proceeds of its general obligation public improvement
bonds authorized to be issued pursuant to Resolution No. 35373-060401, adopted by
the City Council on June 4, 2001, in the principal amount of $3,000,000 for the
purpose of providing funds to defray the cost of needed public improvements to the
Roanoke Civic Center.
The maximum principal amount of debt expected to be issued for the
project is $3,000,000, all as is more fully set forth in the City Manager's letter of
September 17, 2001, to this Council.
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, 2.1-340 et seq., Code of Virginia (1950), as
amended.
This Resolution shall be effective on and after the date of its
adoption.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
115
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35554-090401.
A RESOLUTION authorizing a contract with Rosser International, Inc.,
for engineering services for the design and development of construction documents
and related work for Phase I of the Civic Center Expansion and Renovation Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a contract with Rosser International, Inc., in the
amount of $262,500 for engineering services for the design and development of
construction documents and related work for Phase I of the Civic Center Expansion
and Renovation Project, as described in the City Manager's letter to this Council
dated September 4, 2001.
2. The form of the contract shall be approved by the City Attorney, all
as more particularly set forth in the City Manager's letter to this Council dated
September 4, 2001.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE CITY COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35555-090401.
A RESOLUTION expressing the support of City Council for the efforts
of the Read Mountain Alliance to enhance and preserve Read Mountain.
116 -
WHEREAS, a group of property owners and interested citizens have
initiated efforts to enhance and preserve Read Mountain, a local natural landmark in
the Roanoke Valley;
WHEREAS, the mountains and ridge lines of the Roanoke Valley are an
important natural resource that is of scenic beauty and economic value;
WHEREAS, Read Mountain is an intact upland forest that offers unique
natural and recreational opportunities for citizens, and potential greenway
connections;
WHEREAS, the Vision 2001 Comprehensive Plan for the City of Roanoke
recommends regional cooperation in protecting important environmental and scenic
resources, steep slopes, ridgetops, and viewsheds, as well as maintenance of tree
canopy, and encourages a regional greenway network;
WHEREAS, the preservation of Read Mountain will assist the City and
the region in achieving environmental objectives and protecting an important scenic
viewshed and natural resource;
WHEREAS, the Read Mountain Alliance intends to secure conservation
easements and fee simple ownership to preserve Read Mountain; and
WHEREAS, the acquisition of conservation easements and real property
on Read Mountain through non-City funds would be the cornerstone for preserving
Read Mountain as a natural asset for all citizens of the Roanoke Region to enjoy at
no expense to City taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. The City of Roanoke supports and has an interest in the
preservation and enhancement of Read Mountain;
2. The City of Roanoke will work in concert with surrounding
jurisdictions to achieve these goals;
3. The efforts to preserve Read Mountain should include acquisition
of conservation easements or real property, where appropriate, at no expense to City
taxpayers;
4. The City of Roanoke supports the efforts of the Read Mountain
Alliance to preserve the mountaintop of Read Mountain; and
117
5. The City Clerk is directed to transmit an attested copy of this
resolution to Dr. William N. Gordge, Member, Read Mountain Alliance.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35556-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
General, Transportation, Capital Projects, Fleet Management, and Grant Funds
Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General, Transportation, Capital Projects, Fleet
Management, and Grant Funds, Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
General Fund
Appropriations
Public Safety
Fire - Operations (1) ............................
Emergency Medical Services (2) ..................
Police Patrol (3) ................................
46,722,714.00
11,483,629.00
2,167,625.00
9,617,844.00
Public Works 25,338,040.00
118 -
Building Maintenance (4) ........................
Paving Program (5) ............................
Snow Removal (6) .............................
Solid Waste Management (7) ....................
Parks and Grounds Maintenance (8) ..............
Parks, Recreational and Cultural
Cultural Services Committee (9) ................
Recreation (10) ..............................
Libraries (11) ................................
Community Development
Memberships and Affiliations (12) ...............
Nondepartmental
Transfers to Other Funds (14-17) ................
Fund Balance
Reserved Fund Balance
Reserved forCMERP-City(18) ..................
Transportation Fund
Appropriations
Operations
Williamson Road Parking Garage (19) ..............
Revenues
Nonoperating
Transfers from Other Funds (20) ..................
Capital Projects Fund
Appropriations
Economic Development
Incentive Funds - Business Attraction and Retention (21) .....
Enterprise Zone - Local Incentives (22) ....................
$4,059,018.00
2,793,144.00
3O7,945.00
5,447,077.00
24,391,548.00
4,755,341.00
303,443.00
2,137,106.00
2,314,792.00
4,879,638.00
2,132,970.00
68,801,109.00
68,040,382.00
6,004,252.00
2,488,471.00
2,076,003.00
310,719.00
32,000.00
32,000.00
27,221,103.00
50,000.00
80,000.00
119
Community Development
Comprehensive Plan (23) .............................
Sister City Century Square Upgrade (24) .................
Updating of Zoning Ordinance (25) .....................
Police Memorial (26) .................................
6,249,987.00
234,500.00
78,O00.00
100,000.00
70,000.00
Public Safety
Police Building Construction (27) .......................
Thermal Imaging Cameras (28) .........................
12,228,650.00
4,802,211.00
45,000.00
General Government
Municipal South 1st Floor Renovations (29) ..............
Public Works Service Center Phase I (30) ...............
Study Municipal North Use (31) ........................
Engineering Suite Renovation (32) .....................
19,390,042.00
22,000.00
450,000.00
50,000.00
50,000.00
Parks, Recreation and Cultural
Mill Mountain Shelter Upgrade (33) ....................
Mountain View Recreation Center Improvements (34) .....
Greenway Maintenance Equipment (35) ................
Greenway Signage (36) ..............................
9,141,337.00
80,000.00
60,000.00
136,800.00
20,000.00
Sanitation
Vegetative Waste Comfort Site (37) .....................
2,595,725.00
40,000.00
Traffic Engineering
Anti-Icing Distribution System (38) .....................
4,426,660.00
35,000.00
Capital Improvement Reserve
Capital Improvement Reserve (39) ...................
(710,848.00)
443,935.00
Revenues
Nonoperating
Transfers from Other Funds (40) .....................
4,861,517.00
4,861,517.00
Fleet Mana~lement Fund
Appropriations
Fleet Management - Capital Outlay (41) .................
4,104,510.00
Revenues
120
Nonoperating
Transfers from Other Funds (42) ..................
Grant Fund
Appropriations
Health and Welfare
Office on Youth Grant FY02 (43) ..................
Revenues
Health and Welfare
Office on Youth Grant FY02 (44) ..................
1) CMERP Equipment
Purchase
2) CMERP Equipment
Purchase
3) CMERP Eqmpment
Purchase
4) CMERP Equ,pment
Purchase
5) CMERP Eqmpment
Purchase
6) CMERP Eqmpment
Purchase
7) CMERP Eqmpment
Purchase
8) CMERP Eqmpment
Purchase
9) Mill Mountain Zoo
10) CMERP - Equipment
Purchase
11) CMERP - Equipment
Purchase
12) Camp VA Jaycees
13) VWCC
14) Transfer to
Transportation
Fund
15) Transfer to Capital
Projects Fund
(001-520-3213-9132)
(001-520-3521-9132)
(001-640-3113-9132)
(001-440-4330-9132)
(001-530-4120-9132)
(001-520-3521-9132)
(001-520-4210-9132)
(001-620-4340-9132)
(001-310-5221-3701)
(001-620-7110-9132)
(001-650-7310-9132)
(001-300-7220-3693)
(001-300-7220-3710)
(001-250-9310-9507)
(001-250-9310-9508)
623,639.00
573,639.00
4,015,287.00
6,000.00
4,015,287.00
6,000.00
$ 42,920.00
14,000.00
44,975.00
250,000.00
600,000.00
46,000.00
50,492.00
41,600.00
20,000.00
33,800.00
3,200.00
10,000.00
50,855.00
32,000.00
1,566,617.00
121
16) Transfer to Fleet
Management Fund
17) Transfer to
Grant Fund
18) Reserved for
CMERP - City
19) CMERP - Equipment
Purchases
20) Transfer from
General Fund
21) CMERP - Equipment
Purchases
22) CMERP - Equipment
Purchases
23) CMERP - Equipment
Purchases
24) CMERP - Equipment
Purchases
25) CMERP - Equipment
Purchases
26) CMERP - Equipment
Purchases
27) Appropriated from
Suntrust Lease
28) Appropriated from
Suntrust Lease
29) CMERP - Equipment
Purchase
30) CMERP - Equipment
Purchase
31) CMERP - Equ,pment
Purchase
32) CMERP - Equ,pment
Purchase
33) CMERP - Eqmpment
Purchase
34) CMERP - Equ,pment
Purchase
35) Appropriated from
Suntrust Lease
36) CMERP - Equipment
Purchase
(001-250-9310-9517)
(001-250-9310-9535)
(001-3323)
(007-540-8205-9132)
(007-110-1234-1037)
(008-310-9735-9132)
(008-310-9736-9132)
(008-052-9621-9132)
(008-530-9779-9132)
(008-610-9901-9132)
(008-640-9902-9132)
(008-052 -9563 -9035)
(008-640-9903-9035)
(008-530-9775-9132)
(008-530-9776-9132)
(008-530-9777-9132)
(008-530-9778-9132)
(008-530-9774-9132)
(008-620-9750-9132)
(008-620-9758-9035)
(008-620-9759-9132)
270,000.00
6,000.00
(3,082,459.00)
32,000.00
32,000.00
50,000.00
80,000.00
80,000.00
78,000.00
100,000.00
70,000.00
(216,800.00)
45,000.00
22,000.00
450,000.00
50,000.00
50,000.00
80,000.00
20,000.00
136,800.00
20,000.00
122 -
37) CMERP - Equipment
Purchase
38) Appropriated from
Suntrust Lease
39) Building and
Structures
40) Transfer from
General Fund
41) CMERP - Equipment
Purchases
42) Transfer from
General Fund
43) CMERP - Equipment
Purchase
44) Office on Youth
Grant Local FY02
(008-530-9780-9132)
(008-620-9781-9035)
(008-052-9575-9173)
(008-110-1234-1037)
(017-440-2642-9132)
(017-110-1234-1037)
(035-830.8839-9132)
(o35-630-8839-8840)
$40,000.00
35,000.00
376,617.00
1,566,617.00
270,000.00
270,000.00
6,000.00
6,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35557-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
General and Department of Technology Funds Appropriations, and providing for an
emergency.
123
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Department of Technology Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
Appropriations
Nondepartmental
$ 69,217,492.00
Transfers to Other Funds (1) ..............................
68,456,765.00
Fund Balance
Reserved for CMERP-City (2) ..............................
3,279,930.00
Department of Technology
Appropriations
Telephone Purchase (3) ...............................
GIS Study (4) .........................................
Internet and Intranet (7) ................................
Expansion of Network Capacity (8) ......................
Computer Replacement (9) .............................
Platform Consolidation (10) .............................
Enterprise Project Management System (11) ...............
Records Management (12) ..............................
Disaster Recovery and Network Storage Management (13) ....
Replace Obsolete Network Connection-Libraries (14) ........
Risk Management System (15) ...........................
Economic Development Contract Management System (16) ...
Enterprise Bar Code Technology (17) .......................
Study Personal Property and Real Estate Systems (18) ........
Contingency (19) .......................................
Employee Training and Career Development Program (20) .....
920,000.00
481,423.00
380,000.00
487,000.00
165,000.00
150,000.00
60,000.00
30,000.00
250,000.00
39,000.00
30,000.00
55,000.00
35,000.00
100,000.00
172,000.00
35,000.00
Revenues
124 -
Nonoperating (21) ...................................
$ 2,526,000.00
Retained Earnings
Retained Earnings-Available for Appropriation (22) ........
$ 1,043,946.00
5)
6)
'7)
1) Transfer to Department of
Technology Fund
2) Reserved for CMERP-City
3) Appropriated From
General Revenue
4) Appropriated From
General Revenue
Appropriated From
General Revenue
Appropriated From
General Revenue
Appropriated From
General Revenue
8) Appropriated From
General Revenue
9) Appropriated From
General Revenue
10) Appropriated From
General Revenue
11) Appropriated From
General Revenue
12) Appropriated From
General Revenue
13) Appropriated From
General Revenue
14) Appropriated From
General Revenue
15) Appropriated From
General Revenue
16) Appropriated From
General Revenue
17) Appropriated From
General Revenue
18) Appropriated From
General Revenue
(001-250-9310-9513)
(001-3323)
(013-052-9603-9003)
(013-052-9804-9003)
(013-052-9811-9003)
(013-052-9822-9003)
(013-052-9842-9003)
(013-430-9854-9003)
(013-430-9855-9003)
(013-430-9856-9003)
(013-430-9858-9003)
(013-430-9859-9003)
(013-430-9860-9003)
(013-430-9861-9003)
(013-430-9862-9003)
(013-430-9863-9003)
(013-430-9864-9003)
(013-430-9865-9003)
$ 2,291,000.00
(2,291,0000.00)
350,000.00
250,000.00
283,000.00
150,000.00
150,000.00
487,000.00
165,000.00
150,000.00
60,000.00
30,000.00
250,000.00
39,000.00
30,000.00
55,000.00
35,000.00
100,000.00
125
19) Appropriated From
General Revenue
20) Appropriated From
General Revenue
21) Transfer From
General Fund
22) Retained Earnings-
Available for Appropriation (013-3348)
(013-430-9866-9003)
(013-430-9867-9003)
(013-110-1234-1037)
$172,000.00
35,000.00
2,291,000.00
(500,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
~~~h K. Smith~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35558-090401.
A RESOLUTION providing for the adoption of parking rates to be charged
at the Gainsboro parking garage and the Gainsboro surface parking area facilities;
and directing amendment of the Fee Compendium.
WHEREAS, construction has been completed on the City-owned
Gainsboro surface parking area located to the north of Centre Avenue, NW, and
adjacent to the Roanoke Higher Education Center, and the Gainsboro parking garage
located at 25 Shenandoah Avenue is anticipated to open on December 1, 2001; and
126 -
WHEREAS, the City wishes to establish the parking rates to be charged
at the two parking facilities mentioned above.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The parking rates for the Gainsboro parking garage and the
Gainsboro surface parking area shall be in accordance with the following schedule
effective September 4, 2001'
Parking Rates for Gainsboro parking garage and Gainsboro surface parking area facilities
Parking fees are as set forth below and are on a space available basis with no guarantee of the availability of a space, except
for reserved monthly spaces which will be assigned and available by permit.
The parking rates below will be charged between 7 a.m. and 4 p.m., Monday - Friday
Parking at other times during regular operating hours will be free.
Location Monthly Permit for Hourly Max Permit to Park Roanoke Higher Education
Designated Reserved Daily (decal or hang tag) Center Student Rate for permit
Parking Space to park (decal or hang tag)
(Decal or Hang Tag)
Gainsboro $50.00/month $0.50 $4.00 $10.00/week $5.00/week
Parking $35.00/month $17.50/month
Garage
Gainsboro $50.00/month $0.50 $4.00 $10.00/week $5.00/week
Surface $35.00/month $17.50/month
Parking Area
2. The City Manager or her designee is hereby authorized to modify
or waive the parking rates for the above parking garage or parking area for City
sponsored events or other special events, as the City Manager may deem
appropriate, as set forth in Resolution No. 34770-050100 mentioned in the City
Manager's letter to this Council dated September 4, 2001.
3. Any payments of monthly parking fees received more than seven
calendar days after such fees are due may be assessed a $5.00 late fee in addition
to the monthly rate charged, as set forth in the above mentioned ResOlution.
4. The parking rates set forth herein will not be applicable to parking
agreements that provide for a specific parking rate for a specified period of time
unless otherwise provided for in those agreements or until those agreements expire
or are terminated.
127
5. The Fee 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 to
reflect the new rates to be charged at the Gainsboro parking garage and the
Gainsboro surface parking area.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of September, 2001.
No. 35559-090401.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
General and Capital Projects Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
A=Dror~riations
Public Works
Building Maintenance (1) ..............................
$ 24,447,948.00
3,711,018.00
Nondepartmental
Transfer to Other Funds (2) ...........................
67,024,492.00
66,263,765.00
128 -
Capital Projects Fund
Appropriations
Parks, Recreation and Cultural
Eureka Recreation Center Roof Replacement (3) ...........
8,982,537.00
98,000.00
Revenues
Nonoperating
Transfer from Other Funds (4) .......... ' ...............
3,392,900.00
3,392,900.00
1) Maintenance of
Fixed Assets
2) Transfer to Capital
Projects Fund
3) Appropriated from
General Revenue
4) Transfer from
General Fund
(001-440-4330-3057) ........
(001-250-9310-9508) ........
(008-620-9760-9003) ........
(008-110-1234-1037) .........
$ (98,000.00)
98,000.00
98,000.00
98,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
· ith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 355560-090401.
AN ORDINANCE accepting the bid of John T. Morgan Sheet Metal
Company, Incorporated, for the replacement of the roof at Eureka Recreation Center
with a new Ethylene Propylene Diene Monomer (EPDM) adhered roof on the high roof
129
above the gymnasium and an EPDM ballasted roof on the Iow roof above the
administrative offices, upon certain terms and conditions and awarding a contract
therefor; authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of John T. Morgan Sheet Metal Company, Incorporated, in
the amount of $93,354.00 for the replacement of the roof at Eureka Recreation Center
with a new Ethylene Propylene Diene Monomer (EPDM) adhered roof on the high roof
above the gymnasium and an EPDM ballasted roof on the Iow roof above the
administrative offices, as is more particularly set forth in the City Manager's Letter
dated September 4, 2001, to this Council, such bid being in full compliance with the
City's plans and specifications made therefor and as provided in the contract
documents offered the bidder, which bid is on file in the Purchasing Department, be
and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
130
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35561-090401.
AN ORDINANCE authorizing execution of a Fire and Emergency Medical
Agreement with the County of Roanoke to provide for joint staffing of the Roanoke
County Clearbrook Station to provide fire and related emergency medical services
within the areas designated to be served bythe Clearbrook Station; and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized for and
on behalf of the City, to execute and attest, respectively, a Fire and Emergency
Medical Agreement, with the County of Roanoke, to provide for joint staffing of the
Roanoke County Clearbrook Station, which will provide fire and emergency medical
services within the area of the City designated in the Agreement to be served by the
Clearbrook Station.
2. Such agreement to be in substantially the form attached to the City
Manager's letter to this Council dated September 4, 2001; the form of such agreement
to be approved as to form and execution by the City Attorney.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in force
and effect upon it passage
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
131
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35562-090401.
A RESOLUTION designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Session and meetings of the Urban Section of the
Virginia Municipal League and designating a Staff Assistant for any meetings of the
Urban Section.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the Annual Business Session ofthe Virginia Municipal League
to be held in Virginia Beach, Virginia, on October 16, 2001, and for any meetings of
the Urban Section held in conjunction with the Annual Conference of the League, the
Honorable William H. Carder, Vice-Mayor, is hereby designated Voting Delegate, and
the Honorable William D. Bestpitch, Member of City Council, is hereby designated
Alternate Voting Delegate.
2. For any meetings of the Urban Section of the Virginia Municipal
League to be held in conjunction with the League's 2000 Annual Conference,
Darlene L. Burcham, City Manager, shall be designated Staff Assistant.
3. Mary F. Parker, City Clerk, is directed to complete any forms
required by the Virginia Municipal League for designation of Voting Delegate,
Alternate Voting Delegate and Staff Assistant and to forward such forms to the
League.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
132
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2001.
No. 35563-090401.
A RESOLUTION designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Meeting of the National League of Cities.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the National League of Cities Conference to be held on
December 4 - 8, 2001, in Atlanta, Georgia, and any Business Meetings in
connection with such Conference, the Honorable William H. Carder, Vice-Mayor,
is hereby designated Voting Delegate, and the Honorable William D. Bestpitch,
Member of City Council, is hereby designated Alternate Voting Delegate on behalf
of the City of Roanoke, Virginia.
2. Mary F. Parker, City Clerk, is directed to take any action
required by the National League of Cities with respect to certification of the City's
official Voting Delegate and Alternate Voting Delegate.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35564-091701.
A RESOLUTION paying tribute to Robert Harold Bird, Municipal
Auditor for the City of Roanoke, and expressing to him the appreciation of this
City and its people for his exemplary public service.
WHEREAS, Robert Harold Bird has announced his retirement as
Municipal Auditor effective September 28, 2001;
133
WHEREAS, Robert Harold Bird came to the City in September 1980 as
a Programmer I in the City Information Systems (ClS) Department; and
WHEREAS, in June 1981, Mr. Bird joined the Municipal Auditing
Department as an auditor and, after one year, returned to ClS as a Quality
Assurance Analyst; and
WHEREAS, Mr. Bird held several other positions in ClS and returned
to Municipal Auditing in November 1986 as an EDP Auditor; and
WHEREAS, in May 1987, Mr. Bird was promoted to Assistant
Municipal Auditor, and after the 1990 retirement of William L. Brogan, Mr. Bird
applied for and was appointed to the position of Municipal Auditor in February
1991; and
WHEREAS, Mr. Bird is a Certified Internal Auditor, a CISA-Certified
Information Systems Auditor, a member of the Institute of Internal Auditors, and a
charter member of the Virginia Local Government Auditors Association; and
WHEREAS, Mr. Bird has served as a member of the City's Leadership
Team and the Information Technology Committee since its inception; and
WHEREAS, Mr. Bird faithfully served Roanoke and its citizens for 21
years.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this means of recognizing and
commending the many years of service rendered to the City of Roanoke and its
people by Robert Harold Bird.
2. The City Clerk is directed to transmit an attested copy of this
resolution to Mr. Bird.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
134
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35565-091701.
A RESOLUTION accepting the bid of Magic City Motor Corporation for
the purchase of seventeen (17) automobiles for the Police Department and two (2)
automobiles for the Fire Department upon certain terms and conditions.
BE IT RESOLVED by this Council of the City of Roanoke that:
1. The bid submitted by Magic City Motor corporation for the
purchase of seventeen (17) automobiles for the Police Department and two (2)
automobiles for the Fire Department at a total cost of $435,537.00, as is set forth in
the letter to this Council dated September 17, 2001, which bid is on file in the
Purchasing Department and is in full compliance with the City's specifications
made therefor, is hereby ACCEPTED.
2. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase orders therefor,
incorporating into said orders the City's specifications, the terms of said bidder's
proposal and the terms and provisions of this resolution.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35566-091701.
A RESOLUTION designating the procurement method known as
competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of goods and services
for the following:
135
(1) providing supplies, materials and repair parts for the Fleet Management
operation; (2) vehicle rental service; (3) travel agency service; and (4)
management and operation services for any City owned or controlled parking
facilities; and documenting the basis for this determination.
WHEREAS, the City seeks to procure proposals from vendors to
provide the following: supplies, materials and repair parts for the Fleet
Management operation; vehicle rental service; travel agency service; and
management and operation services for any City owned or controlled parking
facilities; and
WHEREAS, this Council finds that the use of the procurement method
of competitive negotiation for the above mentioned items will allow for
consideration of the factors of experience, qualifications, and references as
related to the offers; and
WHEREAS, this Council finds that the use of the procurement method
of competitive negotiations for goods for Fleet Management, vehicle rental
service, and travel agency service will also allow consideration of volume
discounts, billing, quality of reports, electronic media capability and pricing
advantages. Additional issues, other than price, for fleet repair parts are
guaranteed parts availability to reduce downtime and cost avoidance in reduced
inventory cost, inventory carrying cost and in the elimination of multiple parts
orders and payment thereof; and
WHEREAS, this Council finds in regard to the procurement of
management and operation services for any City owned or controlled parking
facilities that the use of the procurement method of competitive negotiation will
allow for the evaluation of responsive offerors to include a means to evaluate the
quality of services being offered in the areas of customer responsiveness,
manpower allocation and financial management; and
WHEREAS, City Council is of the opinion that such items should be
procured by competitive negotiation rather than competitive sealed bidding.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke,
(1979), as amended, this Council finds that the procurement method known as
competitive sealed bidding is not practicable and/or is not fiscally advantageous
to the public for the reasons set forth above for the following: (1) procurement of
supplies, materials and repair parts for the Fleet Management operation; (2)
vehicle rental service; (3) travel agency service; and (4) for management and
operation services for any City owned or controlled parking facilities.
136 -
2. City Council directs that the procurement method known as
competitive negotiation shall be used for the following: (1) procurement of
supplies, materials and repair parts for the Fleet Management operation; (2)
vehicle rental service; (3) travel agency service; and (4) for management and
operation services for any City owned or controlled parking facilities, all as more
fully set forth in the City Manager's Letter to this Council dated September 17,
2001.
determination.
This Resolution documents the basis for City Council's
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35567-091701.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Health and Welfare
Medicaid Eligibility Worker - FY02 (1-8) .................
$ 4,092,803.00
33,234.00
Revenues
Health and Welfare
Medicaid Eligibility Worker - FY02 (9-10) .................
4,092,803.00
33,234.00
137
1) Regular Employee
Salaries
2) City Retirement
3) ICMA Match
4) FICA
5) Health Insurance
6) Dental Insurance
7) Life Insurance
8) Disability Insurance
9) Medicaid Eligibility
Worker - State 02
10) Medicaid Eligibility
Worker - Federal 02
(035-630-5177-1002)
(035-630-5177-1105)
(035-630-5177-1116)
(035-630-5177-1120)
(035-630-5177-1125)
(035-630-5177-1126)
(035-630-5177-1130)
(035-630-5177-1131)
(035-630-5177-5177)
(035-630-5177-5178)
$ 26,411.00
1,667.00
260.00
1,911.00
2,520.00
202.00
213.00
50.00
16,617.00
16,617.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35568-091701.
A RESOLUTION authorizing the City Manager to continue the services
of the Outstationed Eligibility Worker at the Roanoke City Health Department,
upon certain terms and conditions.
WHEREAS, the Roanoke City Department of Social Services and the
State Health Department entered into an agreement in 1994 to establish an
Eligibility Worker position through the Department of Social Services to be placed
at the Roanoke City Health Department to ensure that all citizens have an
opportunity to apply for Medicaid; and
138
WHEREAS, this program is also beneficial to the Department of
Social Services in that it is provided an eligibility worker at no cost for salary and
benefits; and
WHEREAS, the City Manager has recommended the continued
services of the Outstationed Eligibility Worker in a letter dated September 17,
2001.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager is hereby authorized to continue the services of the
Outstationed Eligibility Worker at the Roanoke City Health Department in
accordance with the original agreement, pursuant to the terms and conditions
contained in the City Manager's letter to this Council dated September 17, 2001.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Ralph K. Smith --
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September.
No. 35569-091701.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Consortium Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Consortium Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment & Training Consortium
Welfare to Work Extension 1998 (1-23) .....................
$ 5,826,973.00
59,492.00
139
Welfare to Work Extension 1999 (24-46) ....................
57,998.00
Revenues
Fifth District Employment & Training Consortium
Welfare to Work Extension 1998 (47) .......................
Welfare to Work Extension 1999 (48) .......................
$ 5,826,973.00
59,492.00
57,998.00
1) Temporary Employee
Wages
2) Wages
3) Fringes
4) Travel
5) Communications
6) Supplies
7) Insurance
8) Leases
9) Equipment
10) Miscellaneous
11) Wages
12) Fringes
13) Travel
14) Communications
15) Supplies
6) Insurance
17) Leases
18) Equipment
19) Miscellaneous
20) Support Services
21) Individual Referral
22) On-The-Job-Training
23) Subsidized Wages
24) Temporary Employee
Wages
25) Wages
26) Fringes
27) Travel
28) Communications
29) Supplies
30) Insurance
31) Leases
32) Equipment
33) Miscellaneous
34) Wages
35) Fringes
36) Travel
(034-633-2293-8049)
(034-633~293-8050)
(034-633~293~051)
(034-633~293-8052)
(034-633-2293-8053)
(034-633-2293-8055)
(034-633-2293-8056)
(034-633~293-8058)
(034-633-2293-8059)
(034-633-2293-8060)
(034-633-2293-8350)
(034-633~293-8351)
(034-633~293-8352)
(034-633-2293-8353)
(034-633-2293-8355)
(034-633-2293-8356)
(034-633-2293-8358)
(034-633~293-8359)
(034-633~293-8360)
(034-633~293-8461)
(034-633-2293-8500)
(034-633-2293-8501)
(034-633-2293-8502)
(034-633~294-8049)
(034-633-2294-8050)
(034-633-2294-8051)
(034-633-2294-8052)
(034-633~294-8053)
(034-633~294-8055)
(034-633~294-8056)
(034-633-2294-8058)
(034-633-2294-8059)
(034-633-2294-8060)
(034-633~294-8350)
(034-633~294-8351)
(034-633-2294-8352)
8,894.00
468.00
141.00
439.00
164.00
175.00
82.00
1,757.00
2,898.00
246.00
1,013.00
253.00
117.00
117.00
59.00
59.00
586.00
410.00
158.00
14,404.00
12,882.00
2,459.00
11,710.00
8,671.00
457.00
137.00
428.00
160.00
171.00
80.00
1,713.00
2,826.00
240.00
988.00
247.00
114.00
140
37) Communications
38) Supplies
39) Insurance
40) Leases
41) Equipment
42) Miscellaneous
43) Support Services
44) Individual Referral
45) On-The-Job-Training
46) Subsidized Wages
47) Welfare to Work -
Extension 1998
48) Welfare to Work -
Extension 1999
(034-633-2294-8353)
(034-633-2294-8355)
(034-633-2294-8356)
(034-633-2294-8358)
(034-633-2294-8359)
(034-633-2294-8360)
(034-633-2294-8461)
(034-633-2294-8500)
(034-633-2294-8501 )
(034-633-2294-8502)
(034-633-2293-2293)
(034-633-2294-2294)
$114.00
57.00
57.00
571.00
400.00
154.00
14,043.00
12,558.00
2,398.00
11,414.00
59,492.00
57,998.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35570~91701.
A RESOLUTION adopting a policy on the allocation of funds from the
United States Department of Housing and Urban Development.
WHEREAS, the City of Roanoke is an entitlement community under
the Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME) and Emergency Shelter Grant (ESG) programs of the U. S. Department of
Housing and Urban Development (HUD);
WHEREAS, each fiscal year, about $4 million in HUD funds are
available to the City, including new grants, anticipated program income and funds
unexpended from prior years; and
141
WHEREAS, a policy for the allocation of funds from HUD would assist
City Council in budgeting and distributing these funds for housing, neighborhood
and economic development, human services and other community needs.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the policy on the allocation of funds from the United States Department of
Housing and Urban Development, as more particularly set forth in the City
Manager's letter dated September 17, 2001, and as attached to such letter, is
hereby adopted, and that the City Manager is hereby authorized to implement the
policy as part of the budgeting process for Fiscal Year 2002-2003.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35571-081701.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Health and Welfare
Office on Youth Grant FY02 (1-19) .........................
Revenues
$ 4,139,850.00
80,281.00
142
Health and Welfare
Office on Youth Grant FY02 (20-21) .......................
1) Regular Employee
Salaries
2) Temporary Employee
Wages
3) Salary Supplement
4) City Retirement
5) ICMA Match
6) FICA
7) Medical Insurance
8) Dental Insurance
9) Disability Insurance
10) Telephone
11) Administrative
Supplies
12) Special Projects
13) Expendable
Equipment
(<$5,000)
14) Training and
Development
15) Printing
16) Postage
17) Other Rental
18) Department of
Technology
19) DOT Personal
Computer Rental/
Maintenance
20) State Grant Receipts
21) Local Match
(035-630-8839-1002)
(035-630-8839-1004)
(035-630-8839-1050)
(035-630-8839-1115)
(035-630-8839-1116)
(035-630-8839-1120)
(035-630-8839-1125)
(035-630-8839-1126)
(035-630-8839-1131)
(035-630-8839-2020)
(035-630 -8839-2030)
(035-630 -8839-2034)
(035-630-8839-2035)
(035-630-8839-2044)
(035-630-8839-2075)
(035-630-8839-2161 )
(035-630-8839-3075)
(035-630-8839-7005)
(035-630-8839-7007)
(035-630-8839-8840)
(035-630-8839-8841)
4,139,850.00
80,281.00
$ 46,552.00
799.00
900.00
4,271.00
520.00
3,997.00
2,100.00
185.00
140.00
1,600.00
1,000.00
11,534.00
500.00
1,500.00
500.00
500.00
2,003.00
700.00
980.00
40,705.00
39,576.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Deputy City Clerk
Ralph K. Smith
Mayor
143
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35572-091701.
A RESOLUTION authorizing acceptance of a grant from the Virginia
Delinquency Prevention and Youth Act Prevention on behalf of the City to continue
coordinated planning and program implementation of the Office on Youth, and
authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant from the Virginia Delinquency Prevention and Youth
Act Prevention, in the amount of $40,705.00, to continue coordinated planning and
program implementation of the Office on Youth, as set forth in the City Manager's
letter dated September 17, 2001, is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to
execute any and all requisite documents pertaining to the City's acceptance of
this grant and to furnish such additional information as may be required in
connection with the City's acceptance of the foregoing grant. All documents shall
be approved by the City Attorney.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
144
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35573-091701.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Civic Center Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay
Civic Center Expansion and Renovation (1) .................
Public Improvement Bonds - Series 2002 (2) ................
$ 590,059.00
1,085,000.00
(800,000.00)
1) Appropriated from
2002 Bond Funds
2) Civic Center
Expansion and
Renovation
(005-550-8615-9076)
(005-550-8620-9198)
$ 800,000.00
(800,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Deputy City Clerk
Ralph K. Smith
Mayor
145
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35574-091701.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds of its general obligation public improvement bonds authorized to be
issued pursuant to Resolution No. 35373-060401, adopted June 4, 2001, for certain
expenditures to be made in connection with proposed capital improvements to the
Roanoke Civic Center; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse
$800,000 appropriated by an ordinance simultaneously adopted by the City
Council on September 17, 2001, for certain expenditures to be made in connection
with the purchase of the items as set forth in the City Manager's Letter to this
Council dated September 17, 2001, for Phase I of the Roanoke Civic Center
Expansion and Renovation Project from proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Resolution No. 35373-
060401, adopted by the City Council on June 4, 2001, in the principal amount of
$3,000,000 for the purpose of providing funds to defray the cost of needed public
improvements to the Roanoke Civic Center. The maximum principal amount of
debt expected to be
issued for the project is $3,000,000, all as is more fully set forth in the City
Manager's letter of September 17, 2001, to this Council.
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not
later than sixty days after the payment of the expenditures authorized by
Paragraph 1 of this Resolution.
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant
to the Virginia Freedom of Information Act, 2.1-340 et seq., Code of Virginia (1950),
as amended.
146
adoption.
This Resolution shall be effective on and after the date of its
ATTEST:
Deputy City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35575-091701.
A RESOLUTION accepting the bid of Horner Flooring Co., Inc. for the
purchase and installation of a portable basketball floor for the Roanoke Civic
Center; and rejecting all other bids made to the City.
BE IT RESOLVED by this Council of the City of Roanoke that:
1. The bid submitted by Horner Flooring Co., Inc. for the purchase
and installation of a portable basketball floor for the Roanoke Civic Center at a
total cost of $78,500, which bid is on file in the Purchasing Department, is hereby
ACCEPTED, as set forth in the City Manager's letter to Council dated September
17, 2001.
2. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase order therefor,
incorporating into said order the City's specifications, the terms of said bidder's
proposal and the terms and provisions of this resolution.
147
3. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to notify each
such bidder and to express to each the City's appreciation for such bid.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35576-091701.
A RESOLUTION authorizing an agreement with Roanoke Foundation
for Downtown, Inc., for funding to be used for the benefit of the Mounted Patrol
Unit of the Police Department.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, an agreement with the Roanoke Foundation for
Downtown, Inc., for funding to be used for the benefit of the Mounted Patrol Unit
of the Police Department, as described in the City Manager's letter to this Council
dated September 17, 2001.
148
2. The form of the agreement, which shall be substantially as set
forth in the attachment to the City Manager's letter and to include a provision
indemnifying the Roanoke Foundation for Downtown, Inc., on the terms detailed in
the City Manager's letter, shall be approved by the City Attorney.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35577-091701.
AN ORDINANCE accepting the bid of Hoffend South, Inc., for
assisting with the removal of the old fire curtain and for the fabrication and
installation of a new reef rigged fire curtain in the Civic Center Auditorium, upon
certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Hoffend South, Inc., in the amount of $76,786 for
assisting with the removal of the old fire curtain and for the fabrication and
curtain in the Civic Center Auditorium, as is more particularly set forth in the City
Manager's Letter dated September 17, 2001, to this Council, such bid being in full
compliance with the City's plans and specifications made therefor and as
provided in the contract documents offered the bidder, which bid is on file in the
Purchasing Department, be and is hereby ACCEPTED.
149
2. The City Manager and the City Clerk are hereby authorized, on
City, to execute and attest, respectively, the requisite contract with the successful
bidder, based on its proposal made therefor and the City's specifications made
therefor, the contract to be in such form as is approved by the City Attorney, and
the cost of the work to be paid for out of funds heretofore or Council.
3. In order to provide for the usual daily operation of the municipal
government, an emergency isdeemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35578-091701.
A RESOLUTION authorizing the City Manager to seek an amendment
of §36.1-640, Architectural Review Board, of the Code of the City of Roanoke
(1979), as amended, to eliminate certain qualifications for membership on the
Architectural Review Board.
WHEREAS, §15.2-2286(7), Code of Virginia (1950), as amended,
provides, inter alia, that whenever the public necessity, convenience, general
welfare and good zoning practices require, the governing body of a locality may,
by resolution, initiate an amendment to the zoning regulations of the locality.
150
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The City Manager is hereby authorized to seek amendment of
§36.1-640, Architectural Review Board., of the Code of the City of Roanoke (1979),
as amended, in order to eliminate certain qualifications for membership of the
Architectural Review Board, as set forth in the letter dated September 17, 2001, to
this Council.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35579-091701.
A RESOLUTION authorizing the City Manager to seek an amendment
of §36.1-206, Permitted uses, §36.1-227, Permitted uses, and §36.1-249, Permitted
Uses, of the Code of the City of Roanoke (1979), as amended, to provide for
commercial printing establishments, including newspapers, publications and
other printed materials, as permitted uses in the C-2, General Commercial District,
C-3, Central Business District, and the LM, Light Manufacturing District, of the City
of Roanoke.
WHEREAS, §15.2-2286(7), Code of Virginia (1950), as amended,
provides, inter alia, that whenever the public necessity, convenience, general
welfare and good zoning practices require, the governing body of a locality may,
by resolution, initiate an amendment to the zoning regulations of the locality.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
151
1. The City Manager is hereby authorized to seek amendment of
§36.1-206, Permitted uses, §36.1-227, Permitted uses., and §36.1-249, Permitted
Uses, of the Code of the City of Roanoke (1979), as amended, to provide for
commercial printing establishments, including newspapers, publications and
other printed materials, as permitted uses in the C-2, General Commercial
District, C-3, Central Business District, and the
of the City of Roanoke.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
LM, Light Manufacturing District,
Ralph K Sm,th
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35580-091701.
AN ORDINANCE directing and providing for audits of certain affairs
and records of the School Board of the City of Roanoke, and dispensing with the
second reading of this ordinance.
WHEREAS, §56 of the Roanoke Charter of 1952 provides that Council,
at its discretion, may "by ordinance provide for an audit of the affairs and records
of the School Board by the municipal auditor or by any other competent person or
firm selected by the Council;" and
WHEREAS, Council desires to have the Municipal Auditor conduct
continuing financial and performance audits of the affairs and records of the
School Board, pursuant to the provisions of an audit plan to be developed by the
Municipal Auditor, Council's Audit Committee and the School Board.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
152 -
as follows:
1. The Municipal Auditor be and he is hereby authorized and
directed to conduct financial and performance audits of the affairs and records of
the School Board, such audits to be pursuant to the terms of letters of
engagement from the Municipal Auditor based on an audit plan to be developed
by the Municipal Auditor, City Council's Audit Committee and the School Board;
provided that such audits shall not interfere with the day-to-day operations of the
School system or the School Board's supervision of such operations.
2. Pursuant to the provisions of §12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Deputy City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35581-091701.
A RESOLUTION authorizing and directing City Council's Audit
Committee and the Municipal Auditor to confer with the Audit Committee of the
School Board of the City of Roanoke to develop an audit plan for the Municipal
Auditor to conduct continuing financial and performance audits of the affairs and
records of the School Board.
WHEREAS, Council desires to have the Municipal Auditor conduct
continuing financial and performance audits of the affairs and records of the
School Board, pursuant to the provisions of an audit plan to be developed by the
Municipal Auditor, Council's Audit Committee and the Audit Committee of the
School Board; and
153
WHEREAS, Council has adopted an ordinance pursuant to §56 of the
Roanoke Charter of 1952, and desires to have its Audit Committee and the
Municipal Auditor confer with the Audit Committee of the School Board of the City
of Roanoke to develop such an audit plan for the Municipal Auditor to conduct
such audits.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Audit Committee of this Council and the Municipal Auditor
are authorized and directed to confer with the Audit Committee of the School
Board of the City of Roanoke to develop an audit plan for the Municipal Auditor to
conduct continuing financial and performance audits of the affairs and records of
the School Board.
2. The City Clerk is directed to send an attested copy of this
resolution to the members of City Council's Audit Committee and the members of
the School Board's Audit Committee.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35582-091701.
AN ORDINANCE amending Article II, Real Estate Taxes Generally, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by
the enactment of new '32-26, Sale of Real Estate for Delinquent Taxes, to provide
for the sale of property on which assessed real estate taxes have remained
154 -
delinquent for one year; and dispensing with the second reading of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Article II, Real Estate Taxes Generally, of Chapter 32, Taxation,
of the Code of the City of Roanoke (1979), as amended, is hereby amended by the
enactment of new §32-26, Sale of Real Estate for Delinquent Taxes, to read and
provide as follows:
§32-26. Sale of real estate for delinquent taxes.
When real estate taxes on any real estate are delinquent on December
31 following the first anniversary of the date on which such taxes have become
due, judicial proceedings may be initiated in accordance with applicable state law
to sell such real estate provided that proper notice is given in accordance with
applicable state law.
2. Pursuant to the provisions of '12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
Bridge.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35583-091701.
A RESOLUTION renaming the Second Street Bridge as the Gainsboro
WHEREAS, a request has been made to the Planning Commission
that the Second Street Bridge be renamed in order to honor Kemp Gaines, an early
founder of Roanoke; and
155
WHEREAS, the Planning Commission has recommended to City
Council that the Second Street Bridge be renamed Gainsboro Bridge.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The bridge known as the Second Street Bridge is hereby
redesignated and renamed as the Gainsboro Bridge in honor of Kemp Gaines, an
early founder of Roanoke.
2. The City Engineer is hereby directed to cause the above
referenced bridge name to be noted appropriately on all maps and plats lodged in
his care, and the City Manager is hereby authorized to cause the placement of an
appropriate name plaque or plaques on said bridge.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE CITY COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2001.
No. 35584-091701.
A RESOLUTION expressing the support of City Council for the efforts
of the Read Mountain Alliance to enhance and preserve Read Mountain.
WHEREAS, a group of property owners and interested citizens have
initiated efforts to enhance and preserve Read Mountain, a local natural landmark
in the Roanoke Valley;
WHEREAS, the mountains and ridge lines of the Roanoke Valley are
an important natural resource that is of scenic beauty and economic value;
156
WHEREAS, Read Mountain is an intact upland forest that offers
unique natural and recreational opportunities for citizens, and potential greenway
connections;
WHEREAS, the Vision 2001 Comprehensive Plan for the City of
Roanoke recommends regional cooperation in protecting important environmental
and scenic resources, steep slopes, ridgetops, and viewsheds, as well as
maintenance of tree canopy, and encourages a regional greenway network;
WHEREAS, the preservation of Read Mountain will assist the City and
the region in achieving environmental objectives and protecting an important
scenic viewshed and natural resource;
WHEREAS, the Read Mountain Alliance intends to secure
conservation easements and fee simple ownership to preserve Read Mountain;
and
WHEREAS, the acquisition of conservation easements and real
property on Read Mountain through non-City funds would be the cornerstone for
preserving Read Mountain as a natural asset for all citizens of the Roanoke
Region to enjoy at no expense to City taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. The City of Roanoke supports and has an interest in the
preservation and enhancement of Read Mountain;
2. The City of Roanoke will work in concert with surrounding
jurisdictions to achieve these goals;
3. The efforts to preserve Read Mountain should include
acquisition of conservation easements or real property, where appropriate, at no
expense to City taxpayers;
4. The City of Roanoke supports the efforts of the Read Mountain
Alliance to preserve the mountaintop of Read Mountain; and
157
5. The City Clerk is directed to transmit an attested copy of this
resolution to Dr. William N. Gordge, Member, Read Mountain Alliance·
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
· mith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35585-091701.
A RESOLUTION electing and appointing Troy Andrew Harmon as
Acting Municipal Auditor for the City of Roanoke effective at 12:01 a.m., on
September 28, 2001, and setting forth the terms and conditions of employment for
Mr. Harmon as Acting Municipal Auditor·
WHEREAS, the City Council desires to elect and appoint Troy Andrew
Harmon as Acting Municipal Auditor pursuant to the Roanoke Charter of 1952 and
general law of the Commonwealth; and
WHEREAS, Mr. Harmon has agreed to accept election and
appointment as Acting Municipal Auditor;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Troy Andrew Harmon is hereby elected and appointed as
Acting Municipal Auditor effective at 12:01 a. m., on September 28, 2001·
2. As Acting Municipal Auditor, Mr. Harmon shall be paid a base
bi-weekly salary of $2,599·70, payable at the same time as other employees of the
City.
158
3. The Director of Finance is hereby directed to pay to the
International City Management Association Retirement Corporation Deferred
Compensation Plan (ICMA) as deferred compensation on behalf of Mr. Harmon the
amount of $8,000.00 should Mr. Harmon serve six (6) months as Acting Municipal
Auditor. Should Mr. Harmon be serving as Acting Municipal Auditor on January 1,
2002, then the Director of Finance shall pay deferred compensation of $4,000.00 to
ICMA on Mr. Harmon's behalf.
4. As Acting Municipal Auditor, Mr. Harmon shall receive a salary
supplement of $76.92 per pay period for use of his privately owned or leased
motor vehicle in the conduct of City business.
5. All other terms and conditions of Mr. Harmon's employment
shall be the same as for other similarly situated City employees.
6. As Acting Municipal Auditor, Mr. Harmon's duties,
responsibilities and powers and his removal shall be governed by the Roanoke
Charter of 1952, the Constitution of Virginia, Code of Virginia (1950), as amended,
and the Code of the City of Roanoke (1979), as amended.
7. Mr. Harmon shall make arrangements to qualify for office by
taking the required oath of office prior to September 28, 2001.
8. Mr. Harmon shall perform the duties and responsibilities of
Acting Municipal Auditor until such time as a successor Acting Municipal Auditor
or Municipal Auditor is elected or appointed by this Council through a duly
adopted resolution.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
159
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35586-091701.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, and dispensing with the
second reading of this ordinance.
WHEREAS, Larry Bly and W. Martin Hall have made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned
from LM, Light Manufacturing District, to C-1, Office District; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke
(1979), as amended, and after conducting a public hearing on the matter, has
made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on September 17, 2001, after due and timely notice
thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended,
at which hearing all parties in interest and citizens were given an opportunity to
be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
That property located at 322 Bullitt Avenue, S.E., and designated on
Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 4012516, be, and is hereby rezoned from LM, Light
Manufacturing District, to C-1, Office District, as set forth in the Petition
filed in the Office of the City Clerk on June 7, 2001, and that Sheet No.
401 of the Zone Map be changed in this respect.
160
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35587-091701.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance.
WHEREAS, Kayser Properties, LLC, filed an application to the Council of the City
of Roanoke, Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public right-of-way described
hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on September 17, 2001, after due and timely notice thereof as required by
§30-14, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on said
application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way have been
properly notified; and
161
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
That certain portion of Old Thirlane Road, N.W., bounded on the west by the
remaining portion of Old Thirlane Road, N. W., on the east by property bearing
Official Tax No. 6520106, and on the south by 1-581.
be, and is hereby permanently vacated, discontinued and closed, and that all right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the
closed portion of the right-of-way, reserving however, to the City of Roanoke and
any utility company, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an
easement for sewer and water mains, television cable, electric wires, gas lines,
telephone lines, and related facilities that may now be located in or across said
public right-of-way, together with the right of ingress and egress for the
maintenance or replacement of such lines, mains or utilities, such right to include
the right to remove, without the payment of compensation or damages of any kind
to the owner, any landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or
easements to terminate upon the later abandonment of use or permanent removal
from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk of
the Circuit Court for the City of Roanoke, a subdivision plat, with said plat
combining all properties which would otherwise be landlocked by the requested
closure, or otherwise disposing of the land within the right-of-way to be vacated in
a manner consistent with law, and retaining appropriate easements, together with
the right of ingress and egress over the same, for the installation and maintenance
of any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the
Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
162 -
Grantees, and pay such fees and charges as are required by the Clerk to effect
such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City
of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the
City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of twelve (12) months from the date of the adoption of
this ordinance, then said ordinance shall be null and void with no further action by
City Council being necessary.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
BE IT FINALLY ORDAINED that pursuant to the provisions of Section
12 of the City Charter, the second reading of this ordinance by title is hereby
dispensed with.
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35588-091701.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance.
WHEREAS, Lewis J. Pillis, filed an application to the Council of the
City of Roanoke, Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public right-of-way described
hereinafter; and
163
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on September 17, 2001, after due and timely notice thereof as required by
§30-14, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on said
application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
That unused, unopened, unpaved and unimproved alleyway adjoining the
rear of lots facing Richelieu Avenue, S.W., those lots being from 2701
Richelieu Avenue through 2729 Richelieu Avenue, S.W. This alley is also
bordered by Official Tax No. 1062327, a 0.142 acre triangular property with
no street address.
be, and is hereby permanently vacated, discontinued and closed, and that all right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the
closed portion of the right-of-way, reserving however, to the City of Roanoke and
any utility company, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an
easement for sewer and water mains, television cable, electric wires, gas lines,
telephone lines, and related facilities that may now be located in or across said
public right-of-way, together with the right of ingress and egress for the
maintenance or replacement of such lines, mains or utilities, such right to include
the right to remove, without the payment of compensation or damages of any kind
to the owner, any landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or
easements to terminate upon the later abandonment of use or permanent removal
from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
164
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk of
the Circuit Court for the City of Roanoke, a subdivision plat, with said plat
combining all properties which would otherwise be landlocked by the requested
closure, or otherwise disposing of the land within the right-of-way to be vacated in
a manner consistent with law, and retaining appropriate easements, together with
the right of ingress and egress over the same, for the installation and maintenance
of any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the
Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
Grantees, and pay such fees and charges as are required by the Clerk to effect
such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City
of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the
City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of twelve (12) months from the date of the adoption of
this ordinance, then said ordinance shall be null and void with no further action by
City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of Section
12 of the City Charter, the second reading of this ordinance by title is hereby
dispensed with.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
165
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th of September, 2001.
No 35589-091701.
AN ORDINANCE authorizing the donation and conveyance of an
easement across City-owned property located at 1333 Jamison Avenue, SE (Fire
Station No. 6) to CoxCom Inc., dlblal Cox Communications Roanoke, upon certain
terms and conditions, and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on September 17, 2001,
pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at
which hearing all parties in interest and citizens were afforded an opportunity to
be heard on said conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That the City Manager and City Clerk are hereby authorized to
execute and attest, respectively, in a form approved by the City Attorney, the
necessary document donating and conveying an easement to CoxCom Inc., dlblal
Cox Communications Roanoke, across City owned property located at 1333
Jamison Avenue S.E., for the purpose of providing service to the adjacent
property owner, upon certain terms and conditions, as more particularly set forth
in the City Manager's letter to Council dated September 17, 2001.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Ralph K. Smith
Mayor
166 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2001.
No. 35590-091701.
AN ORDINANCE authorizing the vacation of certain drainage
easements on property identified as Official Tax Map Nos. 2270703 and 2270704
located on Churchill Drive, N.E., upon certain terms and conditions, and
dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on September 17, 2001,
pursuant to §§15.2-1800(B), and 1813, Code of Virginia (1950), as amended, at
which hearing all parties in interest and citizens were afforded an opportunity to
be heard on this proposed vacation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, in a form approved by the City Attorney, the necessary
documents to vacate those drainage easements created by deed of easement
recorded in Deed Book 1051, page 139, in the office of the Clerk of the Circuit
Court for the City of Roanoke, upon the terms and conditions set forth in the letter
to this Council dated September 17, 2001.
2. Pursuant to the provisions of §12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Stephanie M. Moon
Deputy City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of October, 2001.
Resolution No. 35591-100101.
167
[FAIRVIEW]
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$2,750,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2001-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, in September, 2000, the Commonwealth of Virginia Board
of Education (the "Board of Education") placed the application (the "Application")
of the School Board of the City of Roanoke, Virginia (the "School Board"), for a
loan of $2,200,000 (subsequently amended to $2,750,000) (the "Literary Fund
Loan") from the Literary Fund, a permanent trust fund established by the
Constitution of Virginia (the "Literary Fund"), for the construction, renovation and
expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the
"City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release
of Literary Fund moneys to the School Board and make a commitment to loan
such moneys to the School Board (the "Commitment") within one (1) year of
placement of the Application on the First Priority Waiting List upon receipt of the
Literary Fund of an unencumbered sum available at least equal to the amount of
the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given
advances on the amount of the Commitment for the Literary Fund Loan to the
School Board, as construction or renovation of the Project progressed, in
exchange for temporary notes from the School Board to the Literary Fund (the
"Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance cf
the total amount of the Commitment, the Temporary Notes were to have been
consolidated into a permanent loan note of the School Board to the Literary Fund
(the "Literary Fund Obligation") which was to evidence the obligation of the
School Board to repay the Literary Fund Loan;
168 -
WHEREAS, the Literary Fund Obligation was to have borne interest
at four percent (4%) per annum and mature in annual installments for a period of
twenty (20) years;
WHEREAS, in connection with the 2001 Interest Rate Subsidy
Program (the "Program"), the Virginia Public School Authority (the "VPSA") has
offered to purchase general obligation school bonds of the City, and the Board of
Education has offered to pay, to the City, a lump sum cash payment (the "Lump
Sum Cash Payment") equal to the sum of (i) net present value difference,
determined on the date on which the VPSA sells its bonds, between the weighted
average interest rate that the general obligation school bonds of the City will bear
upon sale to the VPSA and the interest rate that the Literary Fund Obligation
would have borne plus (ii) an allowance for the costs of issuing such bonds of
the City (the "Issuance Expense Allowance");
WHEREAS, the City Council (the "Council") of the City has
determined that it is necessary and expedient to borrow not to exceed $2,750,000
and to issue its general obligation school bonds for the purpose of financing
certain capital projects for school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on
September 17, 2001, on the issuance of the Bonds (as defined below) in
accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as
amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution,
requested the Board to authorize the issuance of the Bonds (as hereinafter
defined);
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE CITY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby
determines that it is advisable to contract a debt and issue and sell its general
obligation school bonds in an aggregate principal amount not to exceed
$2,750,000 (the "Bonds") for the purpose of financing certain capital projects for
school purposes. The Council hereby authorizes the issuance and sale of the
Bonds in the form and upon the terms established pursuant to this Resolution.
169
2. Sale of the Bonds. It is determined to be in the best interest of the
City to accept the offer of the Virginia Public School Authority (the "VPSA") to
purchase from the City, and to sell to the VPSA, the Bonds at a price, determined
by the VPSA to be fair and accepted by the Mayor and the City, that is not less.
than 98% of par and not more than 103% of par upon the terms established
pursuant to this Resolution except that in the event the purchase price
determined by the VPSA exceeds the upper limit of 103%, the City, at the request
of the VPSA, will lower the amount of the local school bonds to be issued to
provide a purchase price for such bonds and a proceeds amount that is within
103% of the amount requested pursuant to the City's application submitted to the
VPSA. The Mayor, the City Manager, and such officer or officers of the City as
either may designate are hereby authorized and directed to enter into a Bond Sale
Agreement dated as of October 9, 2001, with the VPSA providing for the sale of
the Bonds to the VPSA in substantially the form submitted to the Council at this
meeting, which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully
registered form; shall be dated the date of issuance and delivery of the Bonds;
shall be designated "General Obligation School Bonds, Series 2001-A"; shall bear
interest from the date of delivery thereof payable semi-annually on each January
15 and July 15 beginning July 15, 2002 (each an "Interest Payment Date"), at the
rates established in accordance with Section 4 of this Resolution; and shall
mature on July 15 in the years (each a "Principal Payment Date") and in the
amounts set forth on Schedule I of Exhibit A attached hereto (the "Principal
Installments"), subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The City Manager is
hereby authorized and directed to accept the interest rates on the Bonds
established by the VPSA, provided that each interest rate shall be ten one-
hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA
for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to
purchase the Bonds, and provided further, that the true interest cost of the Bonds
does not exceed five and eighty five one-hundredths percent (5.85 %) per annum.
The Interest Payment Dates and the Principal Installments are subject to cha~,~le
at the request of the VPSA. The City Manager is hereby authorized and directed
to accept changes in the Interest Payment Dates and the Principal Installments at
the request of the VPSA, provided that the aggregate principal amount of the
Bonds shall not exceed the amount authorized by this Resolution. The execution
and delivery of the Bonds as described in Section 8 hereof shall conclusively
evidence such interest rates established by the VPSA and Interest Payment Dates
and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
170 -
5. Form of the Bonds. The Bonds shall be initially in the form of a
single, temporary typewritten bond substantially in the form attached hereto as
6. Payment; Paying Agent and Bond Registrar. The following
provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds,
all payments of principal, premium, if any, and interest on the Bonds shall be
made in immediately available funds to the VPSA at, or before 11:00 a.m. on the
applicable Interest Payment Date or Principal Payment Date, or if such date is not
a business day for Virginia banks or for the Commonwealth of Virginia, then at or
before 11:00 a.m. on the business day next preceding such Interest Payment Date
or Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rate or rates on the
Bonds.
(c) SunTrust Bank, Richmond, Virginia, is designated as Bond
Registrar and Paying Agent for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the
Bonds shall not be subject to redemption or prepayment. Furthermore, the
Council covenants, on behalf of the City, not to refund or refinance the Bonds
without first obtaining the written consent of the VPSA or the registered owner of
the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor and the City
Clerk or any Deputy City Clerk are authorized and directed to execute and deliver
the Bonds and to affix the seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the
principal of and premium, if any, and the interest on the Bonds as the same shall
become due, the full faith and credit of the City are hereby irrevocably pledged,
and in each year while any of the Bonds shall be outstanding there shall be levied
and collected in accordance with law an annual .ad valorem tax upon all taxable
property in the City subject to local taxation sufficient in amount to provide for
the payment of the principal of and premium, if any, and the interest on the Bonds
as such principal, premium, if any, and interest shall become due, which tax shall
be without limitation as to rate or amount and in addition to all other taxes
authorized to be levied in the City to the extent other funds of the City are not
lawfully available and appropriated for such purpose.
171
10. Use of Proceeds Certificate and Certificate as to Arbitraqe. The
Mayor, the City Manager and such officer or officers of the City as either may
designate are hereby authorized and directed to execute a Certificate as to
Arbitrage and a Use of Proceeds Certificate each setting forth the expected use
and investment of the proceeds of the Bonds and containing such covenants as
may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on the Bonds and on the
VPSA Bonds except as provided below. The Council covenants on behalf of the
City that (i) the proceeds from the issuance and sale of the Bonds will be invested
and expended as set forth in such Certificate as to Arbitrage and such Use of
Proceeds Certificate and that the City shall comply with the other covenants and
representations contained therein and (ii) the City shall comply with the
provisions of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council
hereby determines that it is in the best interests of the City to authorize and direct
the City Treasurer to participate in the State Non-Arbitrage Program in connection
with the Bonds. The Mayor, the City Manager and such officer or officers of the
City as either may designate are hereby authorized and directed to execute and
deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and the depository,
substantially in the form submitted to the Council at this meeting, which form is
hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager
and such officer or officers of the City as either may designate are hereby
authorized and directed to execute a Continuing Disclosure Agreement, as s;,*
forth in Appendix F to the Bond Sale Agreement, setting forth the reports and'
notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities and
Exchange Commission Rule 15c2-12 and directed to make all filings required by
Section 3 of the Bond Sale Agreement should the City be determined by the VPSA
to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the
City are hereby authorized and directed to cause a certified copy of this
Resolution to be filed with the Circuit Court of the City.
172 -
14. Further Actions. The members of the Council and all officers,
employees and agents of the City are hereby authorized to take such action as
they or any one of them may consider necessary or desirable in connection with
the issuance and sale of the Bonds and any such action previously taken is
hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
?
The undersigned Clerk of the City of Roanoke, Virginia, hereby
certifies that the foregoing constitutes a true and correct extract from the minutes
of a meeting of the City Council held on October 1, 2001, and of the whole thereof
so far as applicable to the matters referred to in such extract. I hereby further
certify (a) that such meeting was a regularly scheduled meeting and that, during
the consideration of the foregoing resolution, a quorum was present, and (b) that
the attendance of the members and voting on the foregoing resolution was as
follows:
Present Absent Aye Nay Abstain
Ralph K. Smith, Mayor
William H. Carder, Vice
Mayor
William D. Bestpitch
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Lynda F. Wyatt
this
WITNESS MY HAND and the seal of the City of Roanoke, Virginia,
day of October, 2001.
Mary F. Parker
City,Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of October, 2001.
No. 35592-100101.
173
[FISHBURN PARK]
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEl',~
$2,500,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2001-B,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, in September, 2000, the Commonwealth of Virginia Board
of Education (the "Board of Education") placed the application (the "Application")
of the School Board of the City of Roanoke, Virginia (the "School Board"), for a
loan of $3,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent
trust fund established by the Constitution of Virginia (the "Literary Fund"), for the
construction, renovation and expansion of school buildings (the "Project") in the
City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release
of Literary Fund moneys to the School Board and make a commitment to Ioa~
such moneys to the School Board (the "Commitment") within one (1) year of
placement of the Application on the First Priority Waiting List upon receipt of the
Literary Fund of an unencumbered sum available at least equal to the amount of
the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given
advances on the amount of the Commitment for the Literary Fund Loan to the
School Board, as construction or renovation of the Project progressed, in
exchange for temporary notes from the School Board to the Literary Fund (the
"Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of
the total amount of the Commitment, the Temporary Notes were to have been
consolidated into a permanent loan note of the School Board to the Literary F,,nd
(the "Literary Fund Obligation") which was to evidence the obligation of the
School Board to repay the Literary Fund Loan;
174 -
WHEREAS, the Literary Fund Obligation was to have borne interest
at four percent (4%) per annum and mature in annual installments for a period of
twenty (20) years;
WHEREAS, in connection with the 2001 Interest Rate Subsidy
Program (the "Program"), the Virginia Public School Authority (the "VPSA") has
offered to purchase general obligation school bonds of the City, and the Board of
Education has offered to pay, to the City, a lump sum cash payment (the "Lump
Sum Cash Payment") equal to the sum of (i) net present value difference,
determined on the date on which the VPSA sells its bonds, between the weighted
average interest rate that the general obligation school bonds of the City will bear
upon sale to the VPSA and the interest rate that the Literary Fund Obligation
would have borne plus (ii) an allowance for the costs of issuing such bonds of
the City (the "Issuance Expense Allowance");
WHEREAS, the City Council (the "Council") of the City has
determined that it is necessary and expedient to borrow not to exceed $2,500,000
and to issue its general obligation school bonds for the purpose of financing
certain capital projects for school purposes; and
WHEREAS, the City held a public hearing, duly noticed, on
September 17, 2001, on the issuance of the Bonds (as defined below) in
accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as
amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution,
requested the Board to authorize the issuance of the Bonds (as hereinafter
defined);
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE CITY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby
determines that it is advisable to contract a debt and issue and sell its general
obligation school bonds in an aggregate principal amount not to exceed
$2,500,000 (the "Bonds") for the purpose of financing certain capital projects for
school purposes. The Council hereby authorizes the issuance and sale of the
Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the
City to accept the offer of the Virginia Public School Authority (the "VPSA") to
purchase from the City, and to sell to the VPSA, the Bonds at a price, determined
by the VPSA to be fair and accepted by the Mayor and the City, that is not less
175
than 98% of par and not more than 103% of par upon the terms established
pursuant to this Resolution except that in the event the purchase price
determined by the VPSA exceeds the upper limit of 103%, the City, at the request
of the VPSA, will lower the amount of the local school bonds to be issued to
provide a purchase price for such bonds and a proceeds amount that is within
103% of the amount requested pursuant to the City's application submitted to the
VPSA. The Mayor, the City Manager, and such officer or officers of the City as
either may designate are hereby authorized and directed to enter into a Bond Sale
Agreement dated as of October 9, 2001, with the VPSA providing for the sale of
the Bonds to the VPSA in substantially the form submitted to the Council at this
meeting, which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully
registered form; shall be dated the date of issuance and delivery of the Bonds;
shall be designated "General Obligation School Bonds, Series 2001-B"; shall bear
interest from the date of delivery thereof payable semi-annually on each January
15 and July 15 beginning July 15, 2002 (each an "Interest Payment Date"), at the
rates established in accordance with Section 4 of this Resolution; and shall
mature on July 15 in the years (each a "Principal Payment Date") and in the
amounts set forth on Schedule I of Exhibit A attached hereto (the "Principal
Installments"), subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The City Manager is
hereby authorized and directed to accept the interest rates on the Bonds
established by the VPSA, provided that each interest rate shall be ten one-
hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA
for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to
purchase the Bonds, and provided further, that the true interest cost of the Bonds
does not exceed five and eighty five one-hundredths percent (5.85 %) per annum.
The Interest Payment Dates and the Principal Installments are subject to change
at the request of the VPSA. The City Manager is hereby authorized and directed
to accept changes in the Interest Payment Dates and the Principal Installments at
the request of the VPSA, provided that the aggregate principal amount of the
Bonds shall not exceed the amount authorized by this Resolution. The execution
and delivery of the Bonds as described in Section 8 hereof shall conclusively
evidence such interest rates established by the VPSA and Interest Payment I~-.tes
and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
176 -
5. Form of the Bonds. The Bonds shall be initially in the form of a
single, temporary typewritten bond substantially in the form attached hereto as
6. Payment: Payin.q Agent and Bond Reqistrar. The following
provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds,
all payments of principal, premium, if any, and interest on the Bonds shall be
made in immediately available funds to the VPSA at, or before 11:00 a.m. on the
applicable Interest Payment Date or Principal Payment Date, or if such date is not
a business day for Virginia banks or for the Commonwealth of Virginia, then at or
before 11:00 a.m. on the business day next preceding such Interest Payment Date
or Principal Payment Date.
(b) All overdue payments of principal and, to the extent permitted by
law, interest shall bear interest at the applicable interest rate or rates on the
Bonds.
(c) SunTrust Bank, Richmond, Virginia, is designated as Bond
Registrar and Paying Agent for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the
Bonds shall not be subject to redemption or prepayment. Furthermore, the
Council covenants, on behalf of the City, not to refund or refinance the Bonds
without first obtaining the written consent of the VPSA or the registered owner of
the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor and the City
Clerk or any Deputy City Clerk are authorized and directed to execute and deliver
the Bonds and to affix the seal of the City thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the
principal of and premium, if any, and the interest on the Bonds as the same shall
become due, the full faith and credit of the City are hereby irrevocably pledged,
and in each year while any of the Bonds shall be outstanding there shall be levied
and collected in accordance with law an annual a_~d valorem tax upon all taxable
property in the City subject to local taxation sufficient in amount to provide for
thepayment of the principal of and premium, if any, and the interest on the Bonds
as such principal, premium, if any, and interest shall become due, which tax shall
be without limitation as to rate or amount and in addition to all other taxes
authorized to be levied in the City to the extent other funds of the City are not
lawfully available and appropriated for such purpose.
177
10. Use of Proceeds Certificate and Certificate as to Arbitraqe. The
Mayor, the City Manager and such officer or officers of the City as either may
designate are hereby authorized and directed to execute a Certificate as to "
Arbitrage and a Use of Proceeds Certificate each setting forth the expected use
and investment of the proceeds of the Bonds and containing such covenants as
may be necessary in order to show compliance with the provisions of the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on the Bonds and on the
VPSA Bonds except as provided below. The Council covenants on behalf of the
City that (i) the proceeds from the issuance and sale of the Bonds will be invested
and expended as set forth in such Certificate as to Arbitrage and such Use of
Proceeds Certificate and that the City shall comply with the other covenants and
representations contained therein and (ii) the City shall comply with the
provisions of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Council
hereby determines that it is in the best interests of the City to authorize and o;iect
the City Treasurer to participate in the State Non-Arbitrage Program in connection
with the Bonds. The Mayor, the City Manager and such officer or officers of the
City as either may designate are hereby authorized and directed to execute and
deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale
of the VPSA Bonds, the VPSA, the investment manager and the depository,
substantially in the form submitted to the Council at this meeting, which form is
hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager
and such officer or officers of the City as either may designate are hereby
authorized and directed to execute a Continuing Disclosure Agreement, as set
forth in Appendix F to the Bond Sale Agreement, setting forth the reports and
notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities ,::,d
Exchange Commission Rule 15c2-12 and directed to make all filings required.by
Section 3 of the Bond Sale Agreement should the City be determined by the VPSA
to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the
City are hereby authorized and directed to cause a certified copy of this
Resolution to be filed with the Circuit Court of the City.
178 -
14. Further Actions. The members of the Council and all officers,
employees and agents of the City are hereby authorized to take such action as
they or any one of them may consider necessary or desirable in connection with
the issuance and sale of the Bonds and any such action previously taken is
hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby
certifies that the foregoing constitutes a true and correct extract from the minutes
of a meeting of the City Council held on October 1, 2001, and of the whole thereof
so far as applicable to the matters referred to in such extract. I hereby further
certify (a) that such meeting was a regularly scheduled meeting and that, during
the consideration of the foregoing resolution, a quorum was present, and (b) that
the attendance of the members and voting on the foregoing resolution was as
follows:
Present AbsentAye Nay Abstain
Ralph K. Smith, Mayor
William H. Carder, Vice
Mayor
William D. Bestpitch
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Lynda F. Wyatt
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
October, 2001.
day of
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st of October, 2001.
No. 35593-100101.
AN ORDINANCE authorizing the City Manager to execute an amendment
to an Intergovernmental Agreement, dated December 17, 1997, with Roanoke County
concerning the Regional 800 MHz Trunking Radio System, upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
WHEREAS, the City of Roanoke entered into an agreement with
Roanoke County on December 17, 1997, for the installation and maintenance of an
800 MHz Regional Trunking Radio System; and
WHEREAS, since the Intergovernmental Agreement was entered into,
the City of Roanoke and Roanoke County are now using Mobile Data Terminals in
their public safety vehicles that utilize the 800 MHz Regional Trunking Radio System,
and
WHEREAS, the Intergovernmental Agreement needs to be amended to
include the use and maintenance of the Mobile Data Terminals in the 800 MHz
Regional Trunking Radio System.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager is hereby authorized to execute an amendment
to the existing Intergovernmental Agreement with Roanoke County to reflect the use
and maintenance of Mobile Data Terminals in the 800 MHz Regional Trunking Radio
System, as more particularly stated in the City Manager's letter to Council dated
October 1, 2001, such amendment to be in form as approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smib,
Mayor
180 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2001.
No. 35594-100101.
AN ORDINANCE authorizing execution of an Agreement among
Roanoke Valley Sisters Cities, Inc. (RVSC), Donna Essig and Mimi Babe Harris
(Artists) and the City of Roanoke relating to the construction of a work of art, the
Sister Cities Sculpture, to be placed in a public space in Century Square; providing
for certain improvements to be made by the City to Century Square, and accepting
the donation of the Sisters Cities Sculpture; and dispensing with the second reading
by title of this ordinance.
WHEREAS, on January 3, 1997, the RVSC awarded a commission to the
Artists to create a significant work of art to be constructed in Century Square;
WHEREAS, the Architectural Review Board has approved the
appropriateness of the conceptual site plan for the improvements to Century Square
and the installation of the sculpture; and
WHEREAS, the Arts Commission has approved the project, pursuant §2-
266, Code of the City of Roanoke (1979), as amended, thereby enabling the City to
accept the donation of the sculpture.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager is authorized to execute an Agreement among
Roanoke Valley Sister Cities, Inc., Donna Essig and Mimi Babe Harris, the Artists,
and the City of Roanoke, providing for the installation of the sculpture in Century
Square and the City's acceptance of the same, as more particularly set forth in the
City Manager's letter to City Council dated October 1, 2001, the form of such
Agreement to be substantially the same as Attachment B to the City Manager's letter,
and such Agreement shall be approved as form by the City Attorney.
2. The Council of the City of Roanoke hereby accepts the donation
of the Sister Cities Sculpture referred to in the proposed Agreement, in accordance
with..§2-266, Code of the City of Roanoke (1979), as amended.
181
3. Pursuant to §12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2001.
No. 35595-100101.
AN ORDINANCE accepting the bid of Mid Eastern Builders, Inc. for the
necessary building construction and equipment installation at the Crystal Snring
Water Treatment (Filtration) Plant, upon certain terms and conditions and awarding
a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Mid Eastern Builders, Inc. in the amount of $4,477,000.00
for the necessary building construction and equipment installation at the Crystal
Spring Water Treatment (Filtration) Plant, as is more particularly set forth in the City
Manager's Letter dated October 1, 2001, to this Council, such bid being in full
compliance with the City's plans and specifications made therefor and as provided
in the contract documents offered the bidder, which bid is on file in the Purchasing
Department, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorizea, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
182 -
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2001.
No. 35596-100101.
A RESOLUTION authorizing a contract with Construction Dynamics
Group, Inc. for construction administration services and related work for the Crystal
Springs Water Filtration Plant Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a contract with Construction Dynamics Group, Inc.
in an amount not to exceed $200,000 for construction administration services and
related work for the Crystal Springs Water Filtration Plant Project, as described in
the City Manager's letter to this Council dated October 1, 2001.
183
2. The form of the contract shall be approved by the City Attorney,
all as more particularly set forth in the City Manager's letter to this Council dated
October 1, 2001.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of October, 2001.
No. 35597-100101.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Water Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Water Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $ 2,271,428.00
Crystal Springs Water Filtration Plant Construction (1) ...... 4,924,700.00
Crystal Springs Water Filtration Plant Construction Administration
Services (2) .......................................... 200,000.00
Public Improvement Bonds - Series 2002 (3) .............. (5,124,700.00)
184
1) Appropriated from
2002 Bond Funds
2) Appropriated from
2002 Bond Funds
3) Crystal Springs
Water Filtration
Plant
(002-530-8397-9076)
(002-530-8402-9076)
(002-530-8400-9199)
4,924,700.00
200,000.00
(5,124,700.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2001.
No. 35598-100101.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds of its general obligation public improvement bonds authorized to be
issued pursuant to Resolution No. 35489-080601, adopted August 6, 2001, for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, which includes the building and
equipping of the Crystal Spring Water Treatment (Filtration) Plant; and providing for
an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
185
1. In accordance with U. S. Treasury Regulations, Section 1.1~,0-2,
the City hereby declares that it reasonably expects and intends to reimburse
$5,124,700.00 appropriated by an ordinance simultaneously adopted by the City
Council on October 1, 2001, for certain expenditures to be made in connection with
the construction of a building and the installation of equipment and for construction
administration services for the Crystal Spring Water Treatment (Filtration) Plant from
proceeds of its general obligation public improvement bonds authorized to be
issued pursuant to Resolution No. 35489-080601, adopted by the City Council on
August 6, 2001, in the principal amount of $31,425,000, with $5,445,000 being
allocated for the Crystal Spring Water Treatment (Filtration) Plant Project for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, which includes the building and
equipping of the Crystal Spring Water Treatment (Filtration) Plant. The maximum
principal amount of debt expected to be issued for the Crystal Spring Project is
$5,445,000, all as is more fully set forth in the City Manager's letter of OctoL_-,' 1,
2001, to this Council.
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, 2.2-3700 et seq., Code of Virginia (1950), as
amended.
adoption.
This Resolution shall be effective on and after the date of its'
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
186 .
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2001.
No. 35599-100101.
A RESOLUTION authorizing execution of an agreement between the City
of Roanoke and U.S. Cellular, providing for use of cellular phones for the Stop Abuse
From Existing (S.A.F.E.) program.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, an agreement with U.S.
Cellular providing for use of cellular phones for the Stop Abuse From Existing
(S.A.F.E.) program.
2. Such agreement, which shall be approved as to form by the City
Attorney, shall be in substantially the form set forth in the attachment to the City
Manager's letter to this Council dated October 1,2001, and shall include a provision
releasing and holding harmless U.S. Cellular.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of October, 2001.
No. 35600-100101.
AN ORDINANCE authorizing the City Manager to enter into a contract
with the Roanoke Foundation for Downtown, Inc. ("Foundation") for the construction
by the Foundation of a utility building to further the operation of the Roanoke City
Police Department Mounted Patrol Unit; authorizing the City Manager to accept, on
187
behalf of the City pursuant to §2-263 of the Code of the City of Roanoke, from the
Foundation the donation of the Facility once it is completed in accordance with the
approved plans, upon certain terms and conditions, and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute a contract with
the Roanoke Foundation for Downtown, Inc., for the design and construction of a
utility building at the Roanoke Centre for Industry and Technology in accordance
with the terms of the contract attached to the City Manager's letter to City Council
dated October 1,2001, all as more fully set forth in that letter, such contract to i~e in
form as approved by the City Attorney.
2. The City Manager is hereby authorized on behalf of the City,
pursuant to §2-263 of the Code of the City of Roanoke (1979) as amended, to accept
the donation of the Facility from the Foundation once the Facility is competed in
accordance with the terms of the contract.
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:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE CITY COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2001.
No. 35601-100101.
A RESOLUTION supporting the Master Plan for the Cultural Institu~,~ns
of the Roanoke Valley.
188 -
WHEREAS, a steering committee comprised of representatives of the
eighteen major cultural and five major economic development organizations in the
Roanoke Valley, representatives of the two valley Civic Centers, and representatives
of the governments of the Cities of Roanoke and Salem and the County of Roanoke
have worked diligently to develop a Master Plan for our cultural resources;
WHEREAS, the cultural assets of the Roanoke Valley are an important
economic, educational and quality of life resource;
WHEREAS, the Master Plan provides methods to work cooperatively to
strengthen and enhance the Roanoke Valley's cultural institutions;
WHEREAS, the Vision 2001 Comprehensive Plan for the City of Roanoke
recommends support of the region's cultural organizations; and
WHEREAS, the preservation of such cultural assets will assist the City
and the region in achieving economic growth and educational excellence.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that the City of Roanoke has an interest in the preservation and
enhancement of the Roanoke Valley's cultural institutions and therefore endorses
the Master Plan for the Cultural Institutions of the Roanoke Valley and supports the
efforts of The Arts Council of the Blue Ridge and all the participating organizations
to implement the Master Plan.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35602-101801.
AN ORDINANCE amending and reordaining Rule 7, Order of
business; hearing of citizens, and Rule 8, Petitions, communications and
applications, of §2-15, Rules of procedure, of the Code of the City of Roanoke
189
(1979), as amended, and adding a new Rule 8A, Hearing of citizens on public
matters, to {}2-15, and providing for an emergency.
BE IT ORDAINED bythe Council of the City of Roanoke as follows:
1. Rule 7, Order of business; hearing of citizens, and Rule 8,
Petitions, communications and applications, of {}2-15, Rules of procedm c, of
the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained as follows:
{}2-15. Rules of procedure.
Pursuant to {}8 of the Charter, providing for the
determination of its rules by the Council, the following rules
set out in this section are adopted.
Rule 7. Order of business; hearing of citizens. In the
ordinary transaction of business the following order shall
be observed:
(1) Roll call and call to order.
(2) Presentations and
Council.
acknowledgments by
(3) Consent agenda.
(4)
Advertised public hearings, if any (such
hearings shall be scheduled for the second
meeting each month, unless otherwise
authorized by Council.)
(5)
Petitions and communications (presentations
on behalf of groups or organizations permitted
during this time, if approved bytwo members of
Council or scheduled by the City Manager).
(6) Reports of city officers.
(7) Reports of committees.
190 -
(8)
(9)
Unfinished business.
Introduction and consideration of ordinances
and resolutions.
(10) Motions and miscellaneous business.
(11) Comments of City Manager.
(12)
Hearing of citizens on public matters. The
presiding officer may place reasonable time
limits on speakers during such time.
Rule 8. Petitions, communications and applications. All
petitions, communication or applications to the City
Council at its official meetings shall be in writing.
Rule 8A. Hearing of citizens. City Council sets aside a
portion of its meeting time to hear citizens on public
matters and invites and encourages citizens to address
Council. Citizens who wish to address Council are
requested to complete a "request to speak" form, provided
by the city clerk, and shall conform to such guidelines for
speakers as may be promulgated from time to time by
Council.
2. In order to provide for the daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in
full force and effect upon its passage.
APPROVED
ATTEST:/~~,~,~
Mary F. Parker Ralph K. Smith
City Clerk Mayor --~
191
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35603-101801.
A RESOLUTION paying tribute to Allstate Insurance Company for 50
years of service in the Roanoke Valley.
WHEREAS, Allstate Insurance Company was founded in 1931 as part
of Sears, Roebuck and Company; and
WHEREAS, the first Allstate facility in Roanoke opened on October 29,
1951 in the Carlton Terrace Building in downtown Roanoke; and
WHEREAS, the company's growth necessitated relocation to a larger
building on Brandon Avenue five years later and, after two renovations and
additional employee growth, the Company moved to its current location on I~,~ute
419 in 1970; and
WHEREAS, the Route 419 facility is called the National Support Center
because the majority of the 1,200 employees who work there service customers and
agents countrywide; in addition, there are more than 200 employees in other Allstate
locations throughout Roanoke; and
WHEREAS, Allstate Insurance Company has been ranked the ninth
largest employer in the Roanoke Valley in 2001 by the Chamber of Commerce; and
WHEREAS, the Company's commitment to the community has been
demonstrated through The Allstate Foundation, which was established in 1952 as
an independent corporation that awards funds to nonprofit organizations that seek
to improve the quality of life in communities across the country; and
WHEREAS, Allstate Insurance Company has shown its civic
commitment by supporting organizations/programs such as America's Promise, the
American Red Cross, the LOA Agency on Aging, the March of Dimes, the American
Cancer Society, the Juvenile Diabetes Foundation, the United Way of the Roanoke
Valley and the Roanoke Police Department's National Night Out; and
WHEREAS, on October 29, 2001, Allstate Insurance Company will
celebrate its 50th anniversary in the Roanoke Valley.
THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that:
192
1. Council adopts this resolution as a means of recognizing and
commending Allstate Insurance Company for 50 years of outstanding service to the
Roanoke Valley.
2. The City Clerk is directed to forward an attested copy of this
resolution to Gerard F. McDermott, Support CenterVice President, Allstate Insurance
Company.
APPROVED
ATTEST:
Mary F. Parker
CitY Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35604-101801.
A RESOLUTION memorializing the late Mary Chisholm Pickett, a
resident of the Roanoke Valley since 1934.
WHEREAS, the members of Council learned with sorrow of the passing
of Ms. Pickett on Tuesday, September 25; and
WHEREAS, Ms. Pickett was the first woman elected to Roanoke City
Council and served as a member of Council from September 1953, through August
1960; and
WHEREAS, Ms. Pickett spearheaded the founding of the City's Juvenile
Detention Home at Coyner Springs, and worked to change the name of the City's
facility for indigent elderly patients from the "Poor House" to the City Nursing Home;
and
WHEREAS, Ms. Pickett was the City's official representative to the 1958
World's Fair in Belgium and Roanoke's Mother of the Year for Civic Affairs in 1959;
and
WHEREAS, Ms. Pickett was the recipient of numerous awards and
citations, and gave her time and talent to many community and civic organizations;
and
193
WHEREAS, Ms. Pickett was a long-standing member of South Roanoke
Methodist Church, where she served as President of Church Women United and was
instrumental in that group's establishment of Bethany Hall, the first halfway house
in the state for alcoholic women.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of recording its
deepest regret and sorrow at the passing of Mary Chisholm Pickett, and extends to
her family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Ms. Pickett's son, Robert T. Pickett III, of Palmyra, Virginia; anti. her
daughter, Mary Anne Wilbourne, of Richmond, Virginia.
APPROVED
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35605-101801.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 School and School Food Services Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School and School Food Services Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
194 -
SchoolFund
Appropriations
Education
Title I School Improvement 2001-02 (1) .................
Facilities (2-6) .....................................
Revenues
Education
Title I School Improvement 2001-02 (7) ..................
Fund Balance
Reserved for CMERP - Schools (8) .....................
School Food Services Fund
Appropriations
Education
Food Services(9) ....................................
Fund Balance
Reserved Fund Balance -Unappropriated (10) ............
1) Educational and
Recreational
Supplies
2) Replacement -
Machinery and
Equipment
3) Additions - Machinery
and Equipment
4) Additions - Other
Capital Outlay
5) Additions - Other
· ' Capital Outlay
6) Buildings
7) Federal Grant
Receipts
(030-061-6192-6000-0614)
(030-065-6006-6318-0801 )
(030-065-6006-6681-0821)
(030-065-6006-6682-0829)
(030-065-6006-6896-0829)
(030-065-6006-6896-0851)
(030-061-6192-1102)
140,318,2~3.00
8,480.00
1,437,333.00
139,302,954.00
8,480.00
183,801.00
4,562,987.00
4,562,987.00
69,240.00
8,480.00
192,556.00
127,490.00
26,154.00
13,600.00
14,271.00
8,480.00
195
8) Reserved for
CMERP - Schools
9) Additions - Machinery
and Equipment
10) Reserved Fund
Balance -
Unappropriated
(030-3324)
(032-065-6006-6788-0824)
( 374,071.00)
16,978.00
(032-3325) (16,978.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35606-101801.
A RESOLUTION (i) authorizing the School Board for the City of Roanoke
to rehabilitate the present school building at Lincoln Terrace Elementary School; (ii)
authorizing and directing the City Manager to file an application with the Virginia
Department of Education seeking an allocation of authority to issue the City's
general obligation qualified zone academy bonds in an amount not to exceed
$1,100,000 to finance certain renovations to Lincoln Terrace Elementary School, and
(iii) authorizing and directing publication of a notice of public hearing to be held in
connection with the proposed bond issuance.
WHEREAS, the School Board (the "School Board") for the Ci';~ of
Roanoke (the "City") has determined that it is necessary to rehabilitate Lincoln
Terrace Elementary School ("LTES"); and
WHEREAS, in order to finance the above-referenced project, the City of
Roanoke, Virginia reasonably expects to issue debt obligations; and
196 -
WHEREAS, the City intends to issue a portion of the debt obligations for the project
as "qualified zone academy bonds" within the meaning of Section 1397E of the
Internal Revenue Code.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board is authorized to rehabilitate the present school
building at LTES (the "Project").
2. The City Manager or an Assistant City Manager is hereby
authorized and directed to file an application with the Virginia Department of
Education seeking an allocation of authority to issue the City's general obligation
qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E
of the Internal Revenue Code in an amount not to exceed $1,100,000 (the "QZA
Bonds") to finance a portion of the cost of the Project.
3. The City Clerk is hereby authorized and directed to publish in
accordance with applicable law a public notice of hearing in connection with the
proposed QZA Bonds to be held on November 5, 2001.
4. This resolution shall take effect immediately.
The foregoing resolution was adopted by the following recorded vote:
AYE NAY
Ralph K. Smith, Mayor
William H. Carder, Vice-Mayor
William D. Bestpitch
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Linda F. Wyatt
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
197
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35607-101801.
AN ORDINANCE temporarily changing the polling place for Jefferson
Precinct No. 2 from the National Guard Armory Building on Reserve Avenue, S. W.,
to the Roanoke City Schools Maintenance Building, at 250 Reserve Avenue, S. W.;
and providing for an emergency.
WHEREAS, the National Guard Armory Building, the polling place for
Jefferson Precinct No. 2 is located on Reserve Avenue, S. W., and the heightened
security measures due to our national emergency have caused the National Guard
to close the Armory to the public;
WHEREAS, by Resolution adopted October 2, 2001, the Roanoke City
Electoral Board has recommended the establishment of a temporary polling place
for Jefferson Precinct No. 2 at the Roanoke City Schools Maintenance Building at
250 Reserve Avenue, S.W., and such temporary polling place is located within the
such precinct as required by §24.2-310, Code of Virginia (1950), as amended;
WHEREAS, the Electoral Board has given notice of such emergency
relocation of polling place to the State Board of Elections and has obtained approval
of such change from the Board pursuant to §24.2-310.D., Code of Virginia (1950), as
amended, and the Electoral Board will give notice of this change in polling place by
mail to all registered voters in the Jefferson Precinct No. 2 at least fifteen (15) days
prior to the November 6, 2001, general election, pursuant to §24.2-306.B., Code of
Virginia (1950), as amended;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Notwithstanding §10-26, Code of the City of Roanoke (1979), as
amended, the polling place for Jefferson Precinct No. 2 shall be relocated from the
National Guard Armory Building to the Roanoke City Schools Maintenance Buil~:!~lg,
250 Reserve Avenue, S. W., City, for the November 6, 2001, general election.
198
2. Such temporarily relocated polling place shall be applicable for
the November 6, 2001, general election only.
3. The City Clerk is directed to forward attested copies of this
ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in
polling place can be mailed to all registered voters of Jefferson Precinct No. 2., and
to the Chief, Voting Section, Civil Rights Division, United States Department of
Justice.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker
City Clerk
ith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35608-101801.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General, Water, Sewage Treatment, and Capital Projects Funds Appropriations,
and' providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General, Water, Sewage Treatment ,~nd
199
Capital Projects Funds Appropriations, be, and the same are hereby, amended end
reordained to read as follows, in part: '/
General Fund
Appropriations
Public Works $ 25,052,040.00
Paving Program (1) .................................. 2,693,144.00
Nondepartmental 71,284,871.00
Transfers to Other Funds (2) ........................... 70,629,166.00
Water Fund
Appropriations
Capital Outlay 2,320,478.00
HOPE VI Infrastructure Improvements (3) ................. 187,000.00
Retained Earnings
Retained Earnings Available for Appropriation (4) ........... 4,731,000.00
Sewage Treatment Fund
Appropriations
Capital Outlay 60,614,448.00
HOPE VI Infrastructure Improvements (5) ................... 445,000.00
Retained Earninqs
Retained Earnings Available for Appropriation (6) ............. 3,435,000.00
Capital Projects Fund
A_~Dropriations
General Government 19,578,420.00
HOPE VI Infrastructure Improvements (7) .................... 200,000.00
2OO
Revenues
Nonoperating
Transfers from Other Funds (8) ..........................
5,147,517.00
5,147,517.00
1) Fees for Professional
Services
2) Transfers to Capital
Projects Fund
3) Appropriated from
General Revenue
4) Retained Earnings
Available for
Appropriation
5) Appropriated from
General Revenue
6) Retained Earnings
Available for
Appropriation
7) Appropriated from
General Revenue
8) Transfer from
General Fund
(001-530-4120 -2010)
(001-250-9310-9508)
(002-410-9627-9003)
(002-3348)
(003-410-9628-9003)
(003-3348)
(008-410-9626-9003)
(008-110-1234-1077)
(lOO,OOOOO)
100,000.00
49,000.00
49,000.00
336,000.00
(336,000.00)
100,000.00
100,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
201
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35609-101801.
· ~ A RESOLUTION authorizing the appropriate City officials to execute
Amendment No. 2 to the 2000-2001 Agreement with the City of Roanoke
Redevelopment and Housing Authority, providing funding for infrastructure
improvements associated with the Lincoln 2000/HOPE VI Community Revitalization
Program Project, upon certain terms and conditions, and describing the scope of
services in greater detail.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and City Clerk are hereby authorized to execute, seal and attest,
respectively, on behalf of the City, Amendment No. 2 to the 2000-2001 Agreement
with the City of Roanoke Redevelopment and Housing Authority, providing funding
for infrastructure improvements associated with the Lincoln/ 2000 HOPE VI
Community Revitalization Program Project, and describing the scope of services in
greater detail, approved as to form by the City Attorney, within the limits of funds
and for the purposes as are more particularly set forth in the City Manager's letter
to this Council dated October 18, 2000.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35610-101801.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
202 -
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Safety
Police State Asset Forfeiture (1-2) ......................
$ 2,667,505.00
219,018.00
Revenues
Public Safety
Police State Asset Forfeiture (3-4) .......................
2,667,505.00
219,018.00
1) Expendable Equipment
$5,000
2) Other Equipment
3) State Asset Forfeiture
Proceeds
4) Interest
(035-640-3302~035)
(035-640-3302-9015)
(035-640-3302-3301)
(035~40-3302-3299)
$ 5,211.00
70,000.00
63606.00
11605.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Ma~ F. Parker
City Clerk
Ralph K. Smith
Mayor
203
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35611-101801.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Parks, Recreation and Cultural
Baseball/Softball Lighting (1) ............................
Baseball/Softball Field Improvements (2) ...................
9,239,237.00
679,2', ~,.00
635,253.00
1) Appropriated from
Bond Funds -
Series 1999
2) Appropriated from
Bond Funds -
Series 1999
(008-620-9736-9001 )
(008-620-9737-9001)
$ (142,000.00)
142,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
204 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35612-101801.
AN ORDINANCE accepting the bid of Breakell, Inc., for improvements
to City softball/baseball fields, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Breakell, Inc., in the amount of $362,331.00 which
consists of $313,749.00 for the Base Bid, $29,318.00 for Additive Bid Item No. 1,
$5,591.00 for Additive Bid Item No. 2, and $13,673.00 for Additive Bid Item No. 4, for
improvements to City softball/baseball fields, as is more particularly set forth in the
City Manager's letter dated October 18, 2001, to this Council, such bid being in full
compliance with the City's plans and specifications made therefor and as provided
in the contract documents offered the bidder, which bid is on file in the Purchasing
Department, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Pursuant to the provisions of §12 of the Roanoke Charter, the
second ready of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Mayor
205
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35613-101801.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Consortium Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Consortium Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment & Training Consortium $
Title I Administration (1-7) ...................................
Title I Adult Program (8-12) ..................................
Title I Youth Program (13) ...................................
Title I Dislocated Worker (14) ................................
5,959,597.00
118,334.00
355,978.00
355,467.00
353,575.00
Revenues
Fifth District Employment & Training Consortium
Title I Administration (15) ...................................
Title I Adult Program (16) ....................................
Title I Youth Program (17) ....................................
Title I Dislocated Worker (18) .................................
5,959,597.00
118,334.00
355,978.00
355,467.00
353,570.00
1) Temporary Employee
2) Wages
3) Fringes
4) Travel
5) Communications
6) Supplies
7) Miscellaneous
8) Wages
9) Fringes
10) Travel
11) Supplies
12) Miscellaneous
13) Miscellaneous
(034-633-2100-8049)
(034-633-2100-8050)
(034-633-2100-8051)
(034-633-2100-8052)
(034-633-2100-8053)
(034-633-2100-8055)
(034-633-2100-8060)
(034-633-2161-8050)
(034-633-2161-8051)
(034-633-2161-8052)
(034-633-2161-8060)
(034-633-2161-8060)
(034-633-2163-8060)
4,512.00
5,000.00
1,250.00
500.00
500.00
500.00
1,000.00
12,370.00
3,000.00
6,000.00
1,000.00
4,000.00
39,534.00
206 -
14) Contractual Services
15) Title I Administrative
16) .Title I Adult Program
17) Title I Youth Program
18)-Title I Dislocated
Worker Program
(034-633.2181-8057)
(034-633-2100-2100)
(034-633-2161-2161)
(034-633-2163-2163)
(034-633-2181-2181 )
53,458.00
13,262.00
26,370.00
39,534.00
53,458.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35614-101801.
A RESOLUTION accepting the bid of Aramark Uniform & Career Apparel,
Inc. for rental uniform service for designated employees of the City upon certain
terms and conditions; and rejecting all other bids made to the City.
BE IT RESOLVED by this Council of the City of Roanoke that:
1. The bid submitted by Aramark Uniform & Career Apparel, Inc. for
rental uniform service for designated employees of the city at an estimated cost of
$119,080.88 for a period of one (1) year with the option to renew for four (4)
additional one (1) year periods, as is set forth in the letter to this Council d&~ed
October 18, 2001, which bid is on file in the Purchasing Department and is in full
compliance with the City's specifications made therefore, is hereby ACCEPTED.
207
2. The City's Manager of Purchasing is hereby authorized and
directed to issue the requisite purchase orders therefor, incorporating into said
orders the City's specifications, the term of said bidder's proposal and the terms and
provisions of the resolution.
3. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to notify each
such bidder and to express to each the City's appreciation for such bid.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35615-101801.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as
amended, by adding a new Division 2, Residential Parking Permits, to Article IV,
Sto~)pin~_. Standing and Parking, Chapter 20, MotorVehicles and Traffic, to establish
a procedure for creation of a residential parking permit system; amending the City's
fee compendium to establish certain fees for permits; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the addition of a new Division 2, Residential Parkin.cj
Perrhits, to Article IV, StoDpinq. Standinq and Parking, Chapter 20, Motor Vehicles
and Traffic, to read and provide as follows:
Article IV. Stopping, Standing and Parking
DIVISION 2: RESIDENTIAL PARKING PERMITS
208
§20-77.
Residential Parking Permit Policy.
This division is adopted in order to reduce traffic congestion on
public streets within residential areas; to reduce hazardous
traffic conditions caused by the use of such streets for vehicular
parking; to protect residents of such areas from unreasonable
noise and disturbance; to protect such residents from
unreasonable burdens in gaining access to their residences; and
to protect and preserve the peace and tranquility, convenience
and character of residential neighborhoods located in close
proximity to commercial areas of the city.
{}20-78. Definitions
Parking permit area shall mean a block, road, street, or other area
within the city in which the general parking of vehicles is restricted but
vehicles properly displaying a valid permit or visitors pass are
exempted from the posted restriction.
§20-79.
Designation & Revocation of Parking Permit Areas
(a) The city manager may designate, by written
directive, parking permit areas within the city. Prior to
making such designation, the city manager may call for a
parking study and shall conduct a community meeting(s)
at which interested parties may be heard on the proposal
to designate the subject area as a parking permit area. At
least seven days prior to the meeting, public notice shall
be published in a newspaper of general circulation in the
city. The city manager may also use any other means of
notification deemed appropriate. Within thirty (30) days
after completion of the last community meeting, the city
manager, based upon the considerations set forth in 20-
77, shall approve or disapprove the designation of the area
as a parking permit area and, if approved, establish the
subject parking regulation thereafter.
(b) The city manager may revoke the designation of the parking
permit area at anytime.
(c) The authority granted herein shall be in addition to, and may be
exercised in conjunction with, any other authority the city manager may'
have to regulate the times and conditions of motor vehicle parking.
209
'20-80.
Permits Generally
(a) Following the designation of a residential permit parking
area by the city manager, the city treasurer shall issue annual
residential parking permits for the area so designated. Only one
application will be accepted from each household.
(b) An applicant for a permit shall present his or her motor
vehicle registration(s) and operator's license indicating
residence in the designated permit area. No permit shall be
issued if the residential address displayed on the vehicle
registration(s) or the operators license is other than in the
designated area.
(c) Upon application and payment of the prescribed fee, one
(1) permit shall be issued for each motor vehicle registration
presented, not to exceed a maximum of four (4) permits per
household. Each applicant shall also be issued two (2)
complimentary visitor's passes per household.
(d) Permits shall be displayed on the left rear bumper of the
resident's vehicle. Visitor passes shall be displayed in the left
rear window.
(e) Permits issued pursuant to this section shall not be
transferrable, except as provided in §20-83, and may be revoked
by the city treasurer in the event the treasurer determines that
the owner of the permit no longer resides in the designated area.
Upon written notification of such revocation, the holder of the
permit shall surrender such permit to the city treasurer.
(f) Replacement permits and passes shall be issued for lost,
damaged or stolen permits or passes upon proof of such loss, damage
or theft. Damaged permits or passes must be produced as proof ~. Jer
this section. Verification of loss or theft by a police incident report
shall be sufficient proof of loss or theft of any such permit or pass
under this section.
(g) One time "Special Event" parking requiring multiple
parking spaces may be authorized upon application and approval
of the city manager.
210 -
(h) Participation in this program and possession of a
residential parking permit shall in no way guarantee an individual
the availability of a parking space within their block nor shall it
exempt vehicles from posted or statutory parking restrictions
unless explicitly posted within the designated area.
{}20-81. Permits; Fees
Fees required under this division shall be as follows:
(1) Residential Parking Permit. Fees for annual permits
shall be as specified in the city"s fee compendium.
(2)
Replacement Permit or Pass. Fees for lost,
damaged or stolen permits or passes shall be as
specified in the city's fee compendium.
§20-82.
Permits; Transfer
Any vehicle owner who sells or otherwise transfers a vehicle permitted
under the provisions of this division may have the permit thereon reassigned
to another vehicle owned by the original permitee or household member. The
city treasurer shall allow such reassignment upon application to him with the
documentation required in §20-81(b).
§20-83.
Permits; Expiration
Every permit issued under this division shall expire May 31 o~ the
permit year for which it was issued.
§20-84. Signs
(a) Following the designation of a residential permit parking
area, the city manager shall cause to be posted in appropriate
locations within such area signs indicating the parking
restrictions applicable in the area.
(b) Enforcement of parking regulations related to the parking
permit signs shall not be effective until ten (10) days after the
posting of such signs.
211
§20-85.
Prohibitions; Penalties.
(a) It shall be unlawful for any person to park a vehicle in a
posted parking permit area in a manner that conflicts with the
parking restriction as posted. Enforcement and penalties shall
be as provided in the general provisions of this chapter.
(b) It shall be unlawful for any person to make any false
representation regarding eligibility for a permit under this
section. Any person violating this subsection shall be guilty of
a Class 2 misdemeanor.
(c) It shall be unlawful for any person to use or display, or to
allow to be used or displayed, a resident's permit issued under
this section upon any vehicle other than the vehicle for which the
permit was issued. Any person violating this subsection shall be
guilty of a Class 3 misdemeanor.
§20-86. Exemptions.
Emergency, service vehicles, and construction/utility vehicles
when on a call, delivery, or engaged in work on the streets or
utilities shall be exempt from the requirements of this division.
2. The Fee 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 to add the new
annual fee of five dollars ($5.00) for up to a maximum of four (4)
permits per household and a fee of one dollar ($1.00) per
replacement permit or pass for permits or passes that are lost,
damaged or stolen.
3. In order to provide for the usual operation of the municipal
government, an emergency is deemed to exist and this ordinance
shall be in full force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
212 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35616-101801.
A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
WHEREAS, the Council is advised that the term of office of S.
Deborah Oyler, a Director of the Industrial Development Authority of the City
of Roanoke, Virginia, will expire on October 20, 2001;
WHEREAS, §15.2-4904, Code of Virginia (1950), as amended,
provides that appointments made by the governing body of such Directors
shall, after initial appointment, be made for terms of four (4) years, except
appointments to fill vacancies which shall be for the unexpired terms; and
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that S. Deborah Oyler is hereby reappointed as a Director on the
Board of Directors of the Industrial Development Authority of the City of
Roanoke, Virginia, for a term of four (4) years commencing on October 21,
2001, and expiring on October 20, 2005, to fill a vacancy created by the
expiration of the term of office of said member on the Board occurring on
October 20, 2001.
ATTEST:
/ .a r er
Mary F.
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35617-101801.
A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
213
WHEREAS, the Council is advised that the term of office of
William L. Bova, a Director of the Industrial Development Authority of the City
of Roanoke, Virginia, will expire on October 20, 2001;
WHEREAS, §15.2-4904, Code of Virginia (1950), as amended,
provides that appointments made by the governing body of such Directors
shall, after initial appointment, be made for terms of four (4) years, except
appointments to fill vacancies which shall be for the unexpired terms; and
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that William L. Bova is hereby reappointed as a Director on the
Board of Directors of the Industrial Development Authority of the City of
Roanoke, Virginia, for a term of four (4) years commencing on October 21,
2001, and expiring on October 20, 2005, to fill a vacancy created by the
expiration of the term of office of said member on the Board occurring on
October 20, 2001.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2001.
No. 35618-101801.
A RESOLUTION electing and appointing Troy A. Harmon as
Municipal Auditor for the City of Roanoke, and ratifying the terms and
conditions of employment as Municipal Auditor offered to Mr. Harmon.
WHEREAS, the City Council desires to elect and appoint Troy A.
Harmon as Municipal Auditor pursuant to the Roanoke Charter of 1952; and
WHEREAS, Troy A. Harmon has agreed to accept election and
appointment as Municipal Auditor;
214 -
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Troy A. Harmon is hereby elected and appointed as
Municipal Auditor of the City of Roanoke effective October 18, 2001, or as
soon thereafter as Mr. Harmon can assume such position, for a term which
shall expire September 30, 2002.
2. The terms and conditions of Mr. Harmon's election and
appointment as Municipal Auditor shall be as hereinafter set forth:
(a) The annual salary shall be $72,500;
(b)
The City shall annually pay on behalf
of Mr. Harmon the sum of $8,000 to the
International City Management
Association-Retirement Corporation
(ICMA-RC) for Mr. Harmon's
participation in said ICMA-RC
Retirement Plan, and the City shall
execute any necessary agreements to
provide for such payment. During the
first year of employment, such amount
shall be prorated based on the number
of weeks actually worked;
(c)
Recognizing that the job requirements
of Municipal Auditor routinely require
incurring of travel related expenses in
the course of City business, a bi-
weekly salary increment of $76.92 shall
be provided for use by Mr. Harmon of
a privately-owned or leased
automobile in the conduct of official
City business;
(d)
The City shall put into force on Mr.
Harmon's behalf a disability insurance
policy providing income benefits
equivalent to seventy percent (70%) of
Mr. Harmon's net salary for the
duration of any disability and make
required premium payments thereon;
215
(e)
The City shall reimburse Mr. Harmon
for moving expenses in the amount of
$1,500.00; and
With respect to benefits and terms and
conditions of employment not
enumerated in this resolution, Mr.
Harmon shall be accorded such
benefits and shall be subject to such
terms and conditions on the same
basis as other similarly situated
employees of the City.
3. Mr. Harmon will make arrangements to qualify for office by
taking the required Oath of Office as soon as practicable.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35619-101801.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of
this ordinance.
WHEREAS, Sherman W. Chisom, filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law, requesting
the Council to permanently vacate, discontinue and close the public right-of-
way described hereinafter; and
216 -
WHEREAS, the City Planning Commission, after giving proper
notice to all concerned as required by §30-14, Code of the City of Roanoke
(1979), as amended, and after having conducted a public hearing on the
matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the
City Council on October 18, 2001, after due and timely notice thereof as
required by §30-14, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were afforded an opportunity to be
heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public right-of-
way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public from
permanently vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke,
Virginia, and more particularly described as follows:
That unused, unpaved and unimproved alleyway running in an
east/west direction between 10 t/2 Street and 11t~ Street, S. E., between
properties bearing Official Tax No. 4111317 and Official Tax No.
4111303, for a distance of approximately 130 feet in a westerly direction
from 11t~ Street,
be, and is hereby permanently vacated, discontinued and closed, and that all
right and interest of the public in and to the same be, and hereby is, released
insofar as the Council of the City of Roanoke is empowered so to do with
respect to the closed portion of the right-of-way, reserving however, to the
City of Roanoke and any utility company, including, specifically, without
limitation, providers to or for the public of cable television, electricity, natural
gas or telephone service, an easement for sewer and water mains, television
cable, electric wires, gas lines, telephone lines, and related facilities that may
now be located in or across said public right-of-way, together with the right
of ingress and egress for the maintenance or replacement of such lines,
mains or utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other encroachments on or
over the easement which impede access for maintenance or replacement
purposes at the time such work is undertaken; such easement or easements
to terminate upon the later abandonment of use or permanent removal from
the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk
of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat
combining all properties which would otherwise be landlocked by the
requested closure, or otherwise disposing of the land within the right-of-way
to be vacated in a manner consistent with law, and retaining appropriate
easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be
located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon
meeting all other conditions to the granting of the application, deliver to the
Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of
this ordinance for recordation where deeds are recorded in said Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the Petitioner, and the names of any other parties
in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a
certified copy of this ordinance being recorded by the Clerk of the Circuit
Court of the City of Roanoke, Virginia,
where deeds are recorded in said Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such
recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of twelve (12) months from the date of the adoption
of this ordinance, then said ordinance shall be null and void with no further
action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of
Section 12 of the City Charter, the second reading of this ordinance by title is
hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
218 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35620-101801.
AN ORDINANCE amending and reordaining §36.1-206, Permitted
Uses, §36.1-227, Permitted Uses, and §36,1-249, Permitted Uses, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to
provide for commercial printing establishments which print newspapers,
publications and other materials, as permitted uses in the C-2, .General
Commercial District, C-3, Central Business District, and the LM, Light
Manufacturing District, of the City of Roanoke, and dispensing with the
second reading of this ordinance.
WHEREAS, because the present zoning ordinance does not
adequately address the siting of commercial printing establishments in the
City, as set forth in the City Manager's letter dated September 17, 2001, to this
Council on the subject, City Council by the adoption of Resolution No. 33579-
091701, found that the public necessity, convenience, general welfare and
good zoning practices require the amendment of §§36.1-206, Permitted uses,
36.1-227, Permitted uses, and 36.1-249, Permitted uses, to provide that
commercial printing establishments which print newspapers, publications
and other materials shall be permitted uses in the C-2, General Commercial
District, C-3, Central Business District, and the LM, Light Manufacturing
District, of the City of Roanoke, and authorized the City Manager to request
such an amendment to the zoning ordinance;
WHEREAS, the City Manager has filed a request to amend the
City's zoning ordinance, permitting such a use in the C-2, General Commercial
District, C-3, Central Business District, and the LM, Light Manufacturing
District, of the City of Roanoke;
WHEREAS, the Planning Commission has held a public hearing
on the City Manager's request, and the Planning Commission's
recommendation on the request has been communicated to the City Council;
and
WHEREAS, because the present zoning ordinance does not
adequately address the siting of commercial printing establishments in the
City, City Council finds that the public necessity, convenience, general welfare
and good zoning practices require the amendment of §§36.1-206, Permitted
uses, 36.1-227, Permitted uses, and 36.1-249, Permitted uses, to provide that
commercial printing establishments which print newspapers, publications
and other materials shall be permitted uses in the C-2, General Commercial
District, C-3, Central Business District, and the LM, Li.qht Manufacturing
District, of the City of Roanoke.
219
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. Section 36.1-206, Permitted uses, §36.1-227, Permitted
uses, and §36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of
the City of Roanoke (1979), as amended, are hereby amended to provide that
commercial printing establishments which print newspapers, publications,
and other materials shall be permitted uses in the C-2, General Commercial
District, C-3, Central Business District, and the LM, Light Manufacturing
District, of the City of Roanoke, and shall read and provide as follows:
§36.1-206. Permitted uses.
The following uses shall be permitted as principal
uses in the C-2 district:
(48)
Commercial printing establishments which
print newspapers, publications, and other
materials.
§36.1-227. Permitted uses.
The following uses shall be permitted as principal
uses in the C-3 district:
(40)
Commercial printing establishments which
print newspapers, publications, and other
materials.
§36.1-249. Permitted uses.
The following uses shall be permitted as principal
uses in the LM district:
(27)
Commercial printing establishments which
print newspapers, publications, and other
materials.
220 -
2. Pursuant to the provisions of §12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2001.
No. 35621-101801.
AN ORDINANCE amending and reordaining §36.1-723, Penalty for
violations, of Chapter 36.1, Zonine, of the Code of the City of Roanoke (1979),
as amended, revising the penalties for violations of the zoning ordinance, and
dispensing with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-723, Penalty for violations, of Chapter 36.1,
Zonin_a, of the Code of the City of Roanoke (1979), as amended, is amended
and reordained to read and provide as follows:§36.1-723. Penalties for
violations.
The owner or general agent of the building or premises where a
violation of any provisions of this chapter has been committed
or shall exist, or the lessee or tenant of an entire building or
entire premises where such violation has been committed or
shall exist, or the general agent, architect, builder, contractor or
any other person who commits, takes part or assists in any such
violation orwho maintains any building or premises in which any
221
such violation shall exist, shall be guilty of a misdemeanor
punishable by a fine of not less than ten dollars ($10.00) nor
more than one thousand dollars ($1000.00). If the violation is
uncorrected at the time of the conviction, the court shall order
the violator to abate or remedy the violation in compliance with
the zoning ordinance, within a time period established by the
court. Failure to remove or abate a zoning violation within the
specified time period shall constitute a separate misdemeanor
offense punishable by a fine of not less than ten dollars ($10.00)
nor more than one thousand dollars ($1,000.00), and any such
failure during any succeeding ten-day period shall constitute a
separate misdemeanor offense for each ten-day period
punishable by a fine of not less than one hundred dollars
($100.00) nor more than one thousand five hundred dollars
($1,500.00).
2. Pursuant to the provisions of §12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K Smith
Mayor
222 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35622-110501.
A RESOLUTION concurring in the request and approving the
presentation of a portrait of the late Dr. Noel C. Taylor, former mayor of the City of
Roanoke, to his family for display in their home.
WHEREAS, in 1970, Dr. Taylor was first elected to City Council, and after
being elected Vice.Mayor in 1974, was appointed on October 27, 1975, to fill the
unexpired term of Mayor Roy L. Webber, who died in office, after which Dr. Taylor
was elected to serve four consecutive four-year terms as Mayor - a total of twenty-
two years on Council, seventeen of those as Mayor, until his retirement on June 30,
1992;
WHEREAS, Council learned with regret that Dr. Taylor had passed away
on October 29, 1999, and on June 19, 2000, City Council adopted a resolution
renaming the Municipal Building the Noel C. Taylor Municipal Building, and on
December 18, 2000, the building was dedicated as such and a portrait of Dr. Taylor
was unveiled in the building lobby;
WHEREAS, Anne Bell, a local artist, was commissioned to paint a
portrait of Dr. Taylor and, upon delivery of the commissioned portrait, Ms. Bell gave
to the City, at no cost, a smaller portrait which remained on display for a period of
time.
WHEREAS, a request has been made by Barbara Smith Taylor, Dr.
Taylor's widow, that the smaller portrait be given to the Taylor family to be displayed
in their home, and the City's Arts Commission has concurred in this request.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That Council concurs in the request and approves presentation
of the smaller portrait, painted by Anne Bell, to Dr. Taylor's family for display in their
home.
223
2. The City Clerk is directed to transmit attested copies of this
resolution to Barbara Smith Taylor, Dr. Taylor's widow, and to his two daughters,
Deseree C. Taylor and Sabrina Taylor Law.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35623-110501.
A RESOLUTION memorializing the late Edward L. Lambert, a resident
of Roanoke, a former lieutenant in the City Sheriff's Department and member of the
Roanoke Civic Center Commission.
WHEREAS, the members of Council learned with sorrow of the passing
of Mr. Lambert on Tuesday, October 9, 2001; and
WHEREAS, Mr. Lambert was a retired lieutenant from the Roanoke City
Sheriff's Department with more than 30 years of service; and
WHEREAS, Mr. Lambert was a Iongtime member of Oakland Baptist
Church, where he served as a deacon and president of the Travelers Sunday School
Class; and
WHEREAS, Mr. Lambert was an official for many Roanoke area
athletics; and
WHEREAS, Mr. Lambert was a volunteer at Carilion Roanoke Memorial
Rehabilitation Center; and
WHEREAS, Mr. Lambert was appointed to the Roanoke Civic C.=.~ter
Commission in November 2000 and served for 10 months.
224 -
as follows:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. City Council adopts this resolution as a means of recording its
deepest regret and sorrow at the passing of Edward L. Lambert, and extends to his
family its sincerest condolences.
2~ The City Clerk is directed to forward an attested copy of this
resolution to Mr. Lambert's widow, Nancy Hatcher Lambert.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35625-110501.
A RESOLUTION accepting the bid of Magic City Motor Corporation, for
the purchase of three new refuse cab/chassis and the bid of Bilthuis & Associates,
Inc., LLC for the purchase of three new refuse rear loading bodies, upon certain
terms and conditions; and rejecting all other bids made for such items.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bid submitted by Magic City Motor Corporation, to furnish
three new refuse cab/chassis at a total cost of $203,787.00 and the bid of Bilthuis &
Associates, Inc., LLC to furnish three new refuse rear loading bodies at a total cost
of $112,869.00, is hereby ACCEPTED.
2. The City's Manager of Supply Management is hereby authorized
to issue the requisite purchase orders for the purchase of such equipment, and the
City Manager is authorized to execute, for and on behalf of the City, any required
purchase agreements with respect to the aforesaid equipment, such documents to
be in form approved by the City Attorney.
225
3. Any and all other bids made to the City for the aforesaid items are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
Mary F. Parker
City Clerk
APPROVED
Mayor
iN THE COUNCIL OF THE .CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35626-110501.
AN ORDINANCE authorizing execution of an amendment extendinq for
an additional term of one year a contract with Robinson Pipe Cleaning Company for
removing, transporting and disposing of digested lagooned sludge from the City's
Water Pollution Control Plant; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, an amendment to a
contract dated August 2, 1999, with Robinson Pipe Cleaning Company extending
such contract for removing, transporting and disposing of digested lagooned
sludge from the City's Water Pollution Control Plant, for an additional term of one
year at a cost of $87.57 per dry ton, with a minimum of 8,000 dry tons of sludge and
a maximum of 10,000 dry tons of sludge during the period October 1, 2001 through
September 30, 2002, for a minimum amount of $700,560.00 and a maximum amount
of $875,700.00, as more particularly set forth in the letter of the City Manager to
Council dated November 5, 2001.
Attorney.
2. The form of the amendment shall be approved by the City
226
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35627-110501.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roep. oke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Storm Drains
Garden City Phase 3 Drainage Project (1) .................
$ 3,363,825.00
767,193.00
Capital Improvement Reserve
Public Improvement Bonds Series 1999 (2) ................
(1,478,948.00)
4,262,294.00
1) Appropriated from
Bond Funds -
Series 1999
(008-052-9692-9001)
575,000.00
2) 'Storm Drains (008-052-9709-9176) (575,000.00)
227
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35628-110501.
AN ORDINANCE accepting the bid of H. & S. Construction Company for
armoring and widening of Garnand Branch and Gum Spring Branch as they join at
the intersection of Garden City Boulevard and Hartsook Boulevard and replacing the
bridge over Garden City Boulevard at Gum Spring Branch with a larger bridge in
connection with the Garden City Phase 3 Drainage Project, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of H. & S. Construction Company in the amount of
$521,245.00 for armoring and widening of Garnand Branch and Gum Spring Branch
as they join at the intersection of Garden City Boulevard and Hartsook Boulevard
and replacing the bridge over Garden City Boulevard at Gum Spring Branch with a
larger bridge in connection with the Garden City Phase 3 Drainage Project, as is
more particularly set forth in the City Manager's Letter dated November 5, 2001, to
this Council, such bid being in full compliance with the City's plans and
specifications made therefor and as provided in the contract documents offered the
bidder, which bid is on file in the Purchasing Department, be and is hereby
ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifica:;ons
228
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35629-110501.
A RESOLUTION authorizing the appropriate City officials to enter into
the 2001-2002 Community Development Block Grant (CDBG) and HOME Investment
Partnerships Program (HOME)Agreement with the Blue Ridge Housing Development
Corporation, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and City Clerk are hereby authorized to execute and attest, respectively, on
behalf of the City, the 2001-2002 CDBG and HOME Agreement with the Blue Ridge
229
Housing Development Corporation, approved as to form by the City Attorney, within
the limits of funds and for the purposes as are more particularly set forth in the City
Manager's letter dated November 5, 2001.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35630-110501.
AN ORDINANCE authorizing the City Manager to execute and attest the
appropriate documents for the acquisition of all property rights necessary for the
construction of the second phase of the Lick Run Greenway, upon certain terms and
conditions; and dispensing with the second reading of this ordinance by title
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute and attest the
appropriate documents to accomplish the acquisition of property bearing Official
Tax Map No. 2240103 containing 14.461 acres from the Western Virginia Land Trust
for the construction of the second phase of the Lick Run Greenway, as more
particularly set forth in the City Manager's letter to this Council dated November 5,
2001. All requisite documents shall be upon form approved by the City Attorney.
2. The City's acceptance of the property bearing Official Tax Map
No. 2240103, from the Western Virginia Land Trust, is subject to the City's being able
to obtain clear title to the property.
230
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:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35631-110501.
AN ORDINANCE, authorizing the City Manager to execute and attest the
appropriate documents for the acquisition of certain properties from the U.S.
Department of Housing and Urban Development for community development and
neighborhood revitalization; upon certain terms and conditions; and dispensing with
the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to acquire property from the United
States Department of Housing and Urban Development (HUD) bearing Offical Tax
Map Nos.1212803 and 4012906, subject to applicable statutory guidelines, for the
consideration of $1.00 each and associated costs estimated to be approximately
$300.00 each, as more particularly set forth in the City Manager's letter to City
Council dated November 5, 2001. All requisite documents shall be upon form
approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispens~~
/~ A P P R O V E D
ATTEST:
Mary F.~er Ralph K Smith
City Clerk Mayor
, 231
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35632-110501.
A RESOLUTION of the Council of the City of Roanoke, establishing, by
joint action of the Boards of Supervisors of the Counties of Alleghany, Bath,
Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of
Buena Vista, Covington, Lexington, Roanoke and Salem, the membership of the
Court-Community Corrections Regional Community Criminal Justice Board to serve
the region composed of those Counties and Cities.
WHEREAS, Boards of Supervisors of the Counties of Alleghany, Bath,
Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of
Buena Vista, Covington, Lexington, Roanoke and Salem have established and
operate the Court-Community Corrections Program, a local pretrial services and
community-based probation program, pursuant to the provisions of Article 2, of
Chapter 1 of Title 9.1 and Article 5 of Chapter 9 of Title 19.2 of the Code of Virclinia
(1950), as amended; and
WHEREAS, the Virginia Comprehensive Community-Corrections Act for
Local-Responsible Offenders (Virginia Code §9.1-173 et seq.) and the Virginia
Pretrial Services Act (Virginia Code §19.2-152.2 et seq.) require the establishment
and appointment of a Community Criminal Justice Board for the Court-Community
Corrections Program; and
WHEREAS, a Regional Community Criminal Justice Board for the
participating jurisdictions previously has been established in accordance with law,
and this Council now, and in conjunction with the governing bodies of the other
jurisdictions that participate in this multi-jurisdictional program, deems it
appropriate to reconstitute the Regional Community Criminal Justice Board for the
Court-Community Corrections Program, pursuant to the authority granted to local
governing bodies under Virginia Code §15.2-1411 and in consideration of the
changes in the Code of Virginia since the Regional Community Criminal Justice
Board's establishment;
NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority granted
to this Council by Virginia Code §§15.2-1411, 19.2-152.5, 9.1-178 and the Charter of
the City of Roanoke as follows:
232 -
1. That a Regional Community Criminal Justice Board for the Court-
Community Corrections Program is established.
2. That the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke
and Rockbridge, and the Cities of Buena Vista, Covington, Lexington, Roanoke and
Salem are the jurisdictions which participate in the Court-Community Corrections
Program. Each of these jurisdictions shall be represented on the Regional
Community Criminal Justice Board. The Regional Community Criminal Justice
Board shall consist of up to 20 persons, a number established by §9.1-178 of the
Code of Virginia (1950), as amended, this resolution and by similar resolutions of the
governing bodies of each of the other participating jurisdictions. The composition
of the Regional Community Justice Board shall at all times comply with all
applicable statutes and regulations. Each participating city or county shall have an
equal number of appointments.
3. That, in conjunction with resolutions of appointment adopted or
to be adopted by the governing bodies of all participating jurisdictions, this Council
appoints the following persons to the Regional Criminal Justice Board for the terms
of years set forth below. Each appointment shall be effective as of July 1, 2001.
Subsequent appointments shall be filled according to the bylaws of the Regional
Community Criminal Justice Board and in joint concurrence with the participating
governing bodies.
Because §9.1-178 provides that the Board's membership shall include
persons who hold certain positions, this resolution sets out, beside the name of
each person, a descriptive title for that person's position or occupation.
Name and Title
Term
The Honorable Julian H. Raney, Jr., Judge
General District Court
Twenty-third Judicial District
Year
The Honorable John B. Ferguson, Judge
Juvenile & Domestic Relations Court
Twenty-third Judicial District
Sheriff Ronald N. Sprinkle
Botetourt County Sheriff's Office
1 Year
1 Year
Dr. David Smith, Superintendent
Bath County Public Schools
1 Year
Gail Burrus, Director, Counseling Services
Blue Ridge Behavioral Health Care
Roanoke, Virginia
2 Years
233
The Honorable Clifford R. Weckstein, Judge
Circuit Court
Twenty-third Judicial Circuit
James C. Alderson, Commonwealth Attorney
Alleghany County/City of Covington
The Honorable Ray Burton Fitzgerald, Chief Magistrate
Twenty-fifth Judicial District
Sheriff Gerald S. Holt
Roanoke County Sheriff's Office
Sheriff George A. McMillan
Roanoke City Sheriff's Office
Sheriff Roger L. Surber
City of Salem Sheriff's Office
William H. Cleaveland, Esquire
Roanoke, Virginia
Chief A. L. Gaskins
Roanoke City Police
John Higgins, Superintendent
Rockbridge Regional Jail
Tammy D. Stephenson, County Administrator
Alleghany County
Ned McEIwaine, Deputy County Administrator
Botetourt County
John Chambliss, Deputy County Administrator
Roanoke County
Nancy C. Stagner, Board of Supervisors
County of Rockbridge
Deputy Mitchell A. Deskins
Craig County Sheriff's Office
Assistant Chief of Police A. J. Panebianco
Buena Vista Police Department
2 Years
2 Years
2 Years
2 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
234
4. That this Council, in conjunction with the governing bodies of
the other jurisdictions which have established the Court-Community Corrections
Program, hereby reappoints the City of Salem as the fiscal agent for the program.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35633-110501.
AN ORDINANCE amending Article I, In General, of Chapter 21,
Offenses - Miscellaneous, of the Code of the City of Roanoke, (1979), as amended,
by REPEALING §21-44, Solicitations and sales; prohibited acts; by adding new §21-
44.1, entitled A~.qressive Solicitation and Sales; Definitions; Prohibited Acts and
Penalties; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 21-44, Solicitations and sales; prohibited acts, of Article I,
In General, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of
Roanoke, (1979), as amended, is hereby REPEALED.
2. Article I, In General, of Chapter 21, Offenses - Miscellaneous, of
the Code of the City of Roanoke, (1979), as amended, is hereby amended and
reordained by the addition of Section 21-44.1, Aq~ressive Solicitation and Sales;
Definitions; Prohibited Acts and Penalties, to read and provide as follows:
Sec. 21-44.1 Aggressive Solicitation and Sales; Definitions; Prohibited Acts
and Penalties
(a)
The following words and phrases, as used herein, shall have the
following meanings, unless a different meaning is plainly
required by the context.
(1)
(2)
235
Solicit means to request an immediate donation of money
or other thing of value from another person, regardless of
the solicitor's purpose or intended use of the money or
other thing of value. The solicitation may be, without
limitation, by the spoken, written, or printed word, or by
other means of communication.
Aggressive manner means and includes:
Intentionally or recklessly making any physical
contact with or touching another person in the
course of the solicitation without the person's
consent;
Following the person being solicited, if that conduct
is: (i) intended to or is likely to cause a reasonable
person to fear imminent bodily harm or the
commission of a criminal act upon property in the
person's possession; or (ii) is intended to or is
reasonably likely to intimidate the person being
solicited into responding affirmatively to the
solicitation;
Continuing to solicit the person being solicited after
the person has made a negative response, if
continuing the solicitation is: (i) intended to or is
likely to cause a reasonable person to fear
imminent bodily harm or the commission ufa
criminal act upon property in the person's
possession; or (ii) is intended to or is reasonably
likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
Intentionally or recklessly blocking the safe or free
passage of the person being solicited or requiring
the person, or the driver of a vehicle, to take evasive
action to avoid physical contact with the person
making the solicitation;
em
Intentionally or recklessly using obscene or abusive
language or gestures: (i) intended to or likely to
cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act ~pon
property in the person's possession; or (ii) words
intended to or reasonably likely to intimidate the
person into responding affirmatively to the
solicitation; or
236
(b)
Approaching the person being solicited in a manner
that: (i) is intended to or is likely to cause a
reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in
the person's possession; or (ii) is intended to ~r is
reasonably likely to intimidate the person being
solicited into responding affirmatively to the
solicitation.
(3)
Bank means any banking corporation authorized by
statute to accept deposits and hold itself out to the public
as engaged in the banking business in the Commonwealth
of Virginia.
(4)
(5)
Automated teller machine means a device, linked to a
financial institution's account records, which is able to
carry out transactions, including, but not limited to:
account transfers, deposits, cash withdrawals, balance
inquiries, and mortgage and loan payments.
Public area means an area to which the public or a
substantial group of persons has access, and includes,
but is not limited to, alleys, bridges, buildings, driveways,
parking lots, parks, playgrounds, plazas, sidewalks, and
streets open to the general public, and the doorways and
entrances to buildings and dwellings, and the grounds
enclosing them.
The following will be construed as prohibited acts and it shall be
unlawful for any person to solicit money or other things of value,
or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2)
(3)
In any public transportation vehicle, or bus station or ~op,
provided, however, that this paragraph shall not apply to
services rendered in connection with such transportation
services;
Within fifteen (15) feet of any entrance or exit of any bank
during the hours of operation of such bank;
(4)
On private property if the owner, tenant, or lawful
occupant has asked the person not to solicit on the
property, or has posted a sign clearly indicating that
solicitations are not welcome on the property; or
237
From any operator or passenger of a motor vehicle that is
in traffic on a public street, whether in exchange for
cleaning the vehicle's windows, or for blocking,
occupying, or reserving a public parking space, or
directing the occupant to a public parking space;
provided, however, that this paragraph shall not apply to
services rendered in connection with emergency re?airs
requested by the operator or passengers of such vehicle.
(6)
While standing on or going into any street or highway,
including medians, on ramps and exit ramps.
(c)
It is a prohibited act and it shall be unlawful for any person to
solicit money or other things of value within fifteen (15) feet of
any automated teller machine during the hours of operation of
such automated teller machine.
(d)
Penalties. Any person violating the provisions of this section
shall be guilty of a Class 2 misdemeanor.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist and this ordinance sh"~l be
in full force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35634-110501.
A RESOLUTION amending the City's Fee Compendium to comply with
the Code of Virginia for fees charged by the Police Department for the preparation
of investigative reports regarding applicants for Conservator of the Peace
appointments.
238
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The following fees shall be charged by the Police Department to
prospective appointees for the preparation of investigative reports regarding
Conservator of the Peace appointments, in compliance with Section 19.2-13.A of the
Code of Virginia (1950), as amended:
Service Charge
Lesser of actual cost or $300.00
2. The Fee 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
to reflect the new fees charged by the Police Department for preparation of
investigative reports regarding the Conservator of the Peace appointments.
3. The fees established bythis Resolution shall remain in effect until
amended by this Council.
Mary F. Parker
City Clerk
This Resolution shall be in full force and effect immediately.
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35635-110501.
A RESOLUTION amending the City's Fee Compendium correcting the
service charge made to animal owners for daily boarding fees - initial day to $8.75.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by the City Council by Resolution No. 28075,
adopted April 7, 1986, effective as of that date, shall be amended to reflect the fee
charged to animal owners for the daily boarding fee for the initial day as $8.75.
239
2. Resolution No. 34437 is hereby amended to the extent and only
to the extent of any inconsistency with this Resolution.
3. The fees established bythis Resolution shall remain in effect until
amended by this Council.
This Resolution shall be in full force and effect immediately.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2001.
No. 35636-110501.
A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED FIFTY-SlX MILLION
TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($56,245,000) PRINCIPAL
AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER
DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AND THE
DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND
AN OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF; AND AUTHORIZING
SUCH CITY TO EXECUTE AND DELIVER A CONTINUING DISCLOSURE CERTIFICATE
OF SUCH CITY RELATING TO SUCH BONDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA:
SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of
Virginia, 1950, being the Public Finance Act of 1991 (the "Public Finance Act of
1991"), and Resolution No. 34837-051500 adopted by this Council on May 15, 2000,
this Council has authorized the issuance of general obligation public improvement
bonds of the City in the principal amount of $7,500,000 for the purpose specified in
Resolution No. 34837-051500.
240
(b) Pursuant to the Public Finance Act of 1991 and Resolution No.
35034-082100 adopted by this Council on August 21, 2000, this Council has
authorized the issuance of general obligation public improvement bonds of the City
in the principal amount of $2,500,000 for the purpose specified in Resolution No.
35034-082100.
(c) Pursuant to the Public Finance Act of 1991 and Resolution No.
35293-041601 adopted by this Council on April 16, 2001, this Council has authorized
the issuance of general obligation public improvement bonds of the City in the
principal amount of $12,000,000 for the purpose specified in Resolution No. 35293-
041601.
(d) Pursuant to the Public Finance Act of 1991 and Resolution No. ·
35373-060401 adopted by this Council on June 4, 2001, this Council has authorized
the issuance of general obligation public improvement bonds of the City in the
principal amount of $3,000,000 for the purpose specified in Resolution No. 35373-
060401.
(e) Pursuant to the Public Finance Act of 1991 and Resolution No.
35489-080601 adopted by this Council on August 6, 2001, this Council has
authorized the issuance of general obligation public improvement bonds of the City
in the principal amount of $31,245,000 for the purposes specified in Resolution No.
35489-080601.
(f) This Council deems it advisable and in the best interest of the
City to provide at this time for the issuance, sale and delivery of an issue of general
obligation public improvement bonds in the aggregate principal amount of not to
exceed $56,245,000 authorized for issuance pursuant to the resolutions referred to
in subsections (a) through (e) hereof, to be known and designated as "City of
Roanoke, Virginia, General Obligation Public Improvement Bonds" (hereinafter
referred to as the Bonds").
SECTION 2. (a) This Council hereby authorizes
Bonds, in an aggregate principal amount of not to exceed
accordance with the provisions of this resolution.
the sale of the
$56,245,000, in
(b) The Bonds may be issued in series and the Bonds of each series
shall be dated such date, in each case as shall be determined by the City Manager
and the Director of Finance in accordance with the provisions of Section 8 hereof.
The Bonds of each series shall be numbered from No. R-1 upwards in order of
issuance or as shall otherwise be provided by the Director of Finance; shall be
issued in fully registered form in the denomination of $5,000 each or any integral
multiple thereof; and shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director
241
of Finance in accordance with the provisions of Section 8 hereof. The Bonds of
each series shall be issued in such aggregate principal amounts (not exceeding in
the aggregate the principal amount specified in Section 2(a) hereof); 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 of twelve (12) thirty (30) day months.
(c) In the event the Bonds of any series shall be dated as of a date
other than the first day of a calendar month or the dates on which interest is payable
on such series are other than the first days of calendar months, the provisions of
Section 4 with regard to the authentication of such Bonds and of Section 9 with
regard to the forms of such Bonds shall be modified as the Director of Finance shall
determine to be necessary or appropriate.
(d) The Bonds of each series (or portions thereof in installments of
$5,000) shall be subject to redemption at the option of the City prior to their stated
maturities, in whole or in part from time to time on any date, in such order as may
be determined by the City (except that if at any time less than all of the Bonds of a
given maturity of any series are called for redemption, the particular Bonds or
portions thereof in installments of $5,000 of such maturity of such series to be
redeemed shall be selected by lot), upon payment of such redemption prices
(expressed as a percentage of the principal amount of the Bonds of such series to
be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of
Finance in accordance with the provisions of Section 8 hereof.
(e) If any Bond of any series (or any portion of the principal an.~unt
thereof in installments of $5,000) shall be called for redemption, notice of the
redemption thereof, specifying the date, number and maturity of such Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of such Bond is to be
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid, to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption.
If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and premium, if any,
242
payable upon such redemption shall have been duly made or provided for, interest
thereon shall cease to accrue from and after the date so specified for the redemption
thereof. So long as the Bonds are in book-entry only form, any notice of redemption
shall be given only to 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 a~,~ is
irrevocably pledged to the punctual payment of the principal of and premium, if ~ny,
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
in the City are assessed, levied and collected, a tax upon all taxable property within
the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and
premium, if any, 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 signatures of the Mayor and the City Treasurer 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 the City Clerk of the City.
(b) The Director of Finance is hereby authorized to appoint a
Registrar and Paying Agent for the Bonds.
(c) The Director of Finance shall direct the Registrar to authenticate
the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually
executed by an authorized signator of the Registrar. Upon the authentication of any
Bonds the Registrar shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior
to the first interest payment date, the certificate shall be dated as of the date of the
initial issuance and delivery of the Bonds of the series of Bonds of which such Bond
is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) if a Bond is authenticated after
the fifteenth (15th) day of the calendar month next preceding an interest payment
date and prior to such interest payment date, the certificate shall be dated as of such
interest payment date; and (iv) in all other instances the certificate shall be dated as
of the interest payment date next preceding the date upon which the Bond is
authenticated.
(d) The execution and authentication of the Bonds in the manner
above set forth is adopted as a due and sufficient authentication of the Bonds.
243
SECTION 5. (a) The principal of and premium, if any, 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.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause to be kept
at its office books of registry for the registration, exchange and transfer of BonOS of
such series. Upon presentation at its office for such purpose the Registrar, under
such reasonable regulations as it may prescribe, shall register, exchange, 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 or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized agent, upon surrender of such Bond to' the
Registrar for cancellation, accompanied by a written instrument of transfer duly
exeCuted by the registered owner in person or by his duly authorized attorney, in
form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 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 transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall
be 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 Cede & Co., as nominee of The Depository Trust Company,
New York, New York ("DTC"), as registered owner of the Bonds, and each such Bond
will be immobilized in the custody of DTC. DTC will act as securities depository for
244
the Bonds. Individual purchases will be made in book-entry 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 Bands
purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds
will be made by Registrar to DTC or its nominee, Cede & Co., as registered owner
of the Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal,
premium, if any, 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 or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printiq~ of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder or bidders for the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with
the name of the attorney or attorneys rendering the same, together with a
certification of the City Clerk, executed by a facsimile signature of that officer, to the
effect that such copy is a true and complete copy (except for letterhead and date) of
the legal opinion which was dated as of the date of delivery of and payment for the
Bonds, may be printed on the Bonds.
245
SECTION 7. (a) The proceeds of sale of the Bonds shall be applied to
the purposes specified in the resolutions referred to in subsections (a) through (e)
of Section 1 hereof.
(b) To the extent it is contemplated that the interest on the Bon~ of
any series shall be excluded from gross income for federal income tax purposes, the
City covenants and agrees to comply with the provisions of Sections 103 and 141-
150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations
promulgated thereunder throughout the term of such Bonds.
SECTION 8. (a) The Bonds shall be sold at competitive sale on such
date or dates as shall be determined by the City Manager and the Director of
Finance. The Director of Finance is hereby authorized to prepare or cause to be
prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice
of Sale to be published in The Bond Buyer, a financial journal published in the City
of New York, New York, and to prepare or cause to be prepared and distributed a
Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds.
In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance
is hereby authorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding. The City Manager and the Director of Finance (~.are
hereby authorized to determine the dated date of the Bonds of each series, the dates
the Bonds of each series shall mature, the dates on which interest on the Bonds
shall be payable, the aggregate principal amount of the Bonds of each series and the
principal amount of the Bonds of each series maturing in each year; and (ii) are
hereby further authorized to receive bids for the purchase of the Bonds of each
series and, without further action of this Council, to accept the bids offering to
purchase the Bonds of each series at the lowest true interest cost to the City;
provided, however, in no event shall the true interest cost with respect to the Bonds
of any series exceed eight percent (8.00%). The City Manager and the Director of
Finance are further authorized to fix the rates of interest to be borne by the Bonds
of each maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the
Director of Finance are hereby authorized to determine the provisions relating to the
reder~ption of the Bonds set forth in Section 2 hereof upon the advice of the City's
financial advisor; provided, however, in no event shall any redemption pren-=um
payable by the City exceed three percent (3.00%).
(b) The Mayor is hereby authorized and directed to execute and
deliver to the purchasers an Official Statement of the City relating to the Bonds, in
substantially the form of the Preliminary Official Statement relating to the Bonds,
after the same has been completed by the insertion of the maturities, interest rates
and other details of the Bonds and by making such other insertions, changes or
corrections as the Mayor, based on the advice of the City's financial advisors and
legal counsel (including the City Attorney and Bond Counsel), deems necessary or
246
appropriate; and this Council hereby authorizes the Official Statement and the
information contained therein to be used by the purchasers in connection with the
sale of the Bonds. The Preliminary Official Statement shall be "deemed final" for
purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager
and the Director of Finance are hereby authorized and directed to execute on behalf
of the City and deliver to the purchasers a certificate in substantially the form to be
included in the Official Statement under the caption "Certificate Concerning Official
Statement".
(c) The City Manager and the Director of Finance are hereby
authorized to execute and deliver to the purchasers of the Bonds a Continuing
Disclosure Certificate relating to the Bonds evidencing the City's undertaking to
comply with the continuing disclosure requirements of Paragraph (b) of Rule ~5c2-
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 thereof.
(d) 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. The Bonds and the certificate of authentication of the
registrar and the assignment endorsed on the Bonds of each series, shall be in
substantially the following forms, respectively, to-wit:
(FORM OF BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND
SERIES
No. R-1
$
CUSIP NO.:
MATURITY DATE:
INTEREST RATE:
DATE OF BOND:
2001
770077
REGISTERED OWNER:
PRINCIPAL SUM: DOLI.~RS
247
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall be
subject to prior redemption and shall have been duly called for previous redemption
and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on
and semiannually on each and thereafter (each such
date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of authentication is an
interest payment date, in which case from such interest payment date, or unless
such date of authentication is within the period from the sixteenth (16th) day to the
last day of the calendar month next preceding the following interest payment date,
in which case from such following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate (specified above) per
annum, by check mailed by the Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry,
as of the close of business on the fifteenth (15th) day (whether or not a business
day) of the calendar month next preceding each interest payment date. Interest on
this Bond shall be calculated on the basis of a three hundred and sixty (360) day
year comprised of twelve (12) thirty (30) day months.
The principal of and premium, if any, on this Bond are payable on
presentation and surrender hereof, at the office of , as the
Registrar and Paying Agent, in the City of , . Principal of
and premium, if any, and interest on this Bond are payable in any coin or currency
of the United States of America which, on the respective dates of payment thereof,
shall be legal tender for public and private debts.
This Bond is one of a series of Bonds of like date, denomination and
tenor except as to number, interest rate and maturity, and is issued for the purpose
of providing funds to pay the costs of various public improvement projects of and
for the City as more fully described in the resolutions pursuant to which the Bonds
are being issued. This Bond is issued under and pursuant to and in full compliance
with the Constitution and statutes of the Commonwealth of Virginia, including
Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public
Finance Act of 1991), and resolutions and other proceedings of the Council of the
City duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the series of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after are subject to
redemption at the option of the City prior to their stated maturities, on or .~ter
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
248
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 the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentages of Principal
Amount)
to %
to
and thereafter
[The Bonds of the series of which this Bond is one maturing on ~
are subject to mandatory sinking fund 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 Bond 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
prihcipal amount to be redeemed to the date fixed for the redemption thereof:
Year
( )
Principal Amount
The City, as 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 Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
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 Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by ~irst
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice
249
of the redemption of this Bond (or the portion of the principal amount hereof to be
redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of
the accrued interest and premium, if any, payable upon such redemption shall have
been duly made or provided for, interest hereon shall cease to accrue from and after
the date so specified for the redemption hereof.
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 bythe Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, series, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, 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 premium, if any, and interest on this Bond to the extent
other funds of the City are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
by t'~he Constitution or statutes of the Commonwealth of Virginia or the Charter of the
City.
250
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of the City Clerk of the City; and this Bond to be dated
[SEAL]
Mayor
Attest:
City Treasurer
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
r 1, as Registrar
By:
Authorized Signator
Date of Authentication:
ASSIGNMENT
FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s} and
transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
the within Bond and all rights thereunder, hereby irre¥ocably constituting and
251
appointing , Attorney, to transfer such Bond on the books
kept for the registration thereof, with full power of substitution in the premise'~
Dated:
Signature Guaranteed:
NOTICE: 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
front of this Bond in every particular,
without alteration or enlargement or
any change whatsoever.
SECTION 10. The City Clerk is hereby directed to file a copy of.-~his
resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 11. All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35637-110501.
A RESOLUTION authorizing payment of supplementary compensation and
restoration of certain benefits to employees called to active military duty; and repealing
Resolution No. 35637-110501, adopted November 5, 2001.
252
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City shall pay, upon request, to any City employee who, between
October 1,2001, and September 30, 2002, is called to active duty related to our country's
war on terrorism, subsequent to that employee's employment with the City, a supplement
equal to the difference between regular City salary and military base pay plus any other
compensation received for such service. This supplement shall not be paid for any days
that regular City salary must be paid to such employees. Employees shall provide the
Department of Human Resources with the necessary documentation to establish their
eligibility for the supplement.
2. Any City vacation or paid leave used by such employees during active
duty related to our country's war on terrorism shall be restored.
3. Each such employee shall be deemed to have earned City vacation,
paid and extended illness leave for the period of such active duty in the same manner as
if such employee had remained in service with the City.
4. For each such employee who returns to service with the City within
seven (7) working days of the conclusion of such active military duty, the City shall pay
the City portion of the health and dental benefit premiums necessary to provide coverage
for the employee effective upon the date of return to service with the City.
REPEALED.
Resolution No. 35637-110501, adopted on November 5, 2001, is hereby
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35638-110501.
AN ORDINANCE authorizing the vacation of an easement on property
identified as Official Tax Map Nos. 1011001, 1011002, 1011003, and 1011004 adjacent to
Second Street, SW, upon certain terms and conditions; and dispensing with the second
reading by title of this ordinance.
253
WHEREAS, a public hearing was held on October 18, 2001, pursuant to "15.2-
1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on this proposed vacation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. That the City Manager and City Clerk are authorized to execute and
attest, respectively, in a form approved by the City Attorney, the necessary documents
to vacate said easement upon the terms and conditions set forth in the letter to this
Council dated October 18, 2001.
ordinance by title is hereby dispensed with.
Pursuant to §12 of the City Charter, the second reading ,~1= this
APPROVED
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35639-110501.
A RESOLUTION cancelling the work session meeting of the Council of the
City of Roanoke scheduled for Monday, December 31, 2001, at 12:15 p.m.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The work session meeting of City Council scheduled to be held on
Monday, December 31, 2001, at 12:15 p.m., is hereby CANCELED.
2. Resolution No. 35454-070201, adopted July 2, 2001, establishing the
meeting schedule of City Council for FY 2001-2002 is hereby amended to the extent it is
inconsistent with this resolution.
254
3. The City Clerk is directed to cause a copy of this resolution to be
posted adjacent to the doors of the Council Chamber and inserted in a newspaper having
general circulation in the City at least seven days prior to December 31, 2001.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of November, 2001.
No. 35640-110501.
AN ORDINANCE permanently vacating, discontinuing and closing certain
public right-of-way in the City of Roanoke, Virginia, as more particularly described
hereinafter; and dispensing with the second reading of this ordinance.
WHEREAS, the Times World Corporation, filed an application to the Council
of the City of Roanoke, Virginia, in accordance with law, requesting the Coc~cil to
permanently vacate, discontinue and close the public right-of-way described hereinafter;
and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and
after having conducted a public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held on said application by the City Council
on October 18, 2001, after due and timely notice thereof as required by §30-14, Code of
the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected
by the requested closing of the subject public right-of-way have been properly n~ified;
and
255
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
A portion of Salem Avenue, S. W., near its intersection with Second Street,
S. W., being approximately five (5) feet wide and thirty-five (35) feet long,
lying on the south side of Salem Avenue, S. W., and being shown on the
"Right of Way Easement and Vacation Plat for The Roanoke Times,"
prepared by Caldwell White Associates, and dated August 22, 2001.
be, and is hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as the Council
of the City of Roanoke is empowered so to do with respect to the closed portion of the
right-of-way, reserving however, to the City of Roanoke and any utility company,
including, specifically, without limitation, providers to or for the public of cable television,
electricity, natural gas or telephone service, an easement for sewer and water mains,
television cable, electric wires, gas lines, telephone lines, and related facilities that may
now be located in or across said public right-of-way, together with the right of ingress
and egress for the maintenance or replacement of such lines, mains or utilities, such
right to include the right to remove, without the payment of compensation or damages
of any kind to the owner, any landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or easements
to terminate upon the later abandonment of use or permanent removal from the above-
described public right-of-way of any such municipal installation or other utility or facility
by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for
the City of Roanoke, a subdivision plat, with said plat combining all properties which
would otherwise be landlocked by the requested closure, or otherwise disposing of the
land within the right-of-way to be vacated in a manner consistent with law, and retaining
appropriate easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within
the right-of-way.
BE IT FURTHER ORDAINED that the subject portion of right-of-way be
purchased and paid for by the applicant for $3,000.00 (Three Thousand Dollars and No
Cents).
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in said Clerk's Office, indexing the same in the name of the City of
256
Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
BE IT FURTHER ORDAINED that the moving of the fire hydrant referred to in
the Commission's report dated October 18, 2001, to this Council, if required by this
closure, be done at the expense of the applicant within twelve (12) months of the date
of the adoption of this ordinance.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of twelve (12) months from the date of the adoption of this ordinance, then
said ordinance shall be null and void with no further action by City Council being
necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
257
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35624-111901.
AN ORDINANCE establishing the annual salaries of the Mayor, Vice-
Mayor and Council Members for the fiscal year beginning July 1, 2002.
WHEREAS, §15.2-1414.6, Code of Virginia (1950), as amended,
authorizes this Council, notwithstanding any contrary provision of law, general or
special, to set annual salaries by ordinance for the Mayor, Vice-Mayor and each
member of Council within certain limits, and this Council is desirous of exercicing
this authority.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. For the fiscal year beginning July 1, 2002, and ending June 30,
2003, and for succeeding fiscal years unless modified by action of this Council, the
annual salaries of the Mayor, Vice-Mayor and each member of Council shall be as
follows:
Mayor
Vice-Mayor and Council
Members
$18,000.00
$14,490.00
2. This ordinance shall remain in effect until amended or repe~led
by ordinance duly adopted by City Council.
3. The Mayor and members of Council shall continue to receive
such other benefits as have previously been authorized by Council.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
258
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35641-111901.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 School Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of.the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Education Instruction (1) ..........................................
Western Virginia Regional Science Fair (2001-02) (2-5) .........
$140,855,558.00
46,407,319.00
7,915.00
Revenues
Education 139,311,434.00
Western Virginia Regional Science Fair (2001-02) (6-7) ......... 7,915.00
1) Matching Funds
(030-062~001-6111-0588)
(2,000.00)
2) Other Professional
Services
(030-062~833~311-0313)
232.00
3) Conventions/
Education
(030-062-6833-6311-0554)
5,183.00
4) Dues and
Association
Membership
(030-062-6833-6311-0581)
500.00
5) Educational
Recreational
Supplies
(030-062-6833-6311-0614)
2,000.00
6) Local Match
7) Fees
(030-062-6833-11)
(030-062-6833-1103)
259
$ 2,000.00
5,915.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35642-111901.
A RESOLUTION approving the issuance of a revenue note by the
Industrial Development Authority of the City of Salem (the "Issuer"), under the
Industrial Development and Revenue Bond Act, as amended (the "Act"), requested
by the Roanoke Catholic School (the "School") and the Catholic Diocese of
Richmond (the "Diocese") to refinance certain indebtedness incurred bythe School
in connection with the construction, equipping, and furnishing of a multipurpose
building (the "Project") at the School's facilities located in the City of Roanoke,
Virginia, and to pay other costs of the Project, pursuant to Section 147(f) of the
Internal Revenue Code of 1986 and Section 15.2-4906 of the Code of Virginia (1950),
as amended, and concurring in the resolution adopted by the Issuer on October 8,
2001, to the extent required by Section 15.2-4905 of the Act.
WHEREAS, the Roanoke Catholic School (the "School") and the
Catholic Diocese of Richmond (the "Diocese") have requested The Industrial
Development Authority of the City of Salem, Virginia (the "Issuer"), to issue its
revenue note (the "Note") under the Industrial Development and Revenue Bond Act,
260 -
as amended (the "Act"), to refinance certain indebtedness incurred by the School in
connection with the construction, equipping and furnishing of a multipurpose
building (the "Project") at the School's facilities located in the City of Roanoke,
Virginia, and to pay other costs of the Project; and
WHEREAS, the School and the Diocese have requested the City Council
(the"Council") of the City of Roanoke, Virginia (the "City"), to approve the issuance
of the Note to comply with Section 15.2-4905 of the Virginia Industrial Development
and Revenue Bond Act, as amended (the "Act"); and
WHEREAS, a copy of the Issuer's resolution of October 8, 2001,
approving the issuance of the Note has been filed with the Council; and
WHEREAS, the Issuer issues its bonds on behalf of the City of Salem,
Virginia, and the City Council of the City of Salem, Virginia, has adopted a resolution
approving the issuance of the Note by the Issuer for the benefit of the School and
the Diocese; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), requires in this case that the governmental unit having
jurisdiction over the area in which any facilityfinanced with the proceeds of the Note
is located approve the issuance of such note; and
WHEREAS, the Industrial Development Authority of the City of Roanoke,
Virginia (the "Roanoke Authority"), on November 14, 2001, held a public hearing on
the issuance of the Note; and
WHEREAS, the Roanoke Authority has recommended that the Council
approve the issuance of the Note to comply with Section 147(f) of the Code; and
WHEREAS, a copy of the Roanoke Authority's resolution of November
14, 2001, recommending the issuance of the Note, a record of the public hearing and
a fiscal impact statement with respect to the issuance of the Note have been filed
with the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke, Virginia, as follows:
1. The Council hereby approves the issuance of the Note by the
Issuer to the extent required by Section 147(f) of the Code and Section 15.2-4906 of
the Virginia Code, and concurs with the resolution adopted by the Issuer on
October 8, 2001, to the extent required by Section 15.2-4905 of the Act.
261
2. The approval of the issuance of the Note does not constitute an
endorsement of the Note or the creditworthiness of the School or the Diocese. As
required by Section 15.2-4909 of the Act, the Note shall provide that neither the City
nor the Roanoke Authority shall be obligated to pay the Note or the interest thereon
or other costs incident thereto except from the revenues and moneys pledged
therefor, and neither the faith and credit nor the taxing power of the Commonwealth
of Virginia, the City or the Roanoke Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
CERTIFICATE
The undersigned Clerk of the City Council of the City of Roanoke,
Virginia (the "Council"), hereby certifies as follows:
1. A regular meeting of the Council was held on November 19, 2001,
at which meeting the following duly elected members were present or absent:
PRESENT:
ABSENT:
Attached hereto is a true, correct and complete copy of a resolution
adopted by a majority of the members of the Council present and voting at such.
2. The resolution has not been repealed, revoked, rescinded or
amended, and is in full force and effect on this date and constitutes the only
resolution adopted by the Council relating to the issuance by The Industrial
Development Authority of the City of Salem, Virginia, of its revenue note for the
benefit of Roanoke Catholic School and the Catholic Diocese of Richmond.
WITNESS the following signature this day of
,2001.
[SEAL]
ATTEST:
Mary F. Parker
City Clerk
Clerk, City Council of the City of Roanoke, Virginia
APPROVED ~~
Ralph K. Smith
Mayor
262 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35643-111901.
A RESOLUTION of the City Council of the City of Roanoke, Virginia
authorizing, among other things, the issuance of not to exceed $100,000,000
aggregate principal amount of Industrial Development Authority of the City of
Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated
Group) Series 2002A to the extent required by Section 147 of the Internal Revenue
Code of 1986, as amended.
WHEREAS, the City of Roanoke, Virginia (the "City") is a political
subdivision of the Commonwealth of Virginia exercising public and essential
governmental functions pursuant to the Constitution and laws of the Commonwealth
of Virginia; and
WHEREAS, the Industrial Development Authority of the City of Roanoke,
Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth
of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950,
as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the
financing or refinancing of certain projects required or useful for health care
purposes; and
WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock
corporation duly incorporated and validly existing under and by virtue of the laws
of the Commonwealth of Virginia, which owns and operates health care facilities
located in the City of Roanoke, Virginia; and
WHEREAS, Carilion Giles Memorial Hospital ("CGMH") is a private
non'stock corporation duly incorporated and validly existing under and by virtue of
the laws of the Commonwealth of Virginia, which owns and operates a health care
facility located in the Town of Pearisburg, Giles County, Virginia; and
WHEREAS, Bedford Memorial Hospital ("BMH") is a private, nonstock
corporation duly incorporated and validly existing under and by virtue of the laws
of the Commonwealth of Virginia, which owns and operates a health care facility
located in the City of Bedford, Virginia; and
WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private,
nonstock corporation duly incorporated and validly existing under and by virtue of
the laws of the Commonwealth of Virginia, which owns and operates a health care
facility located in the Town of Rocky Mount, Franklin County, Virginia; and
263
WHEREAS, the Roanoke Authority has by resolution adopted July 26,
2001 evidenced its desire to issue one or more series of its revenue bonds for'the
purposes described therein; and
WHEREAS, the Roanoke Authority has by resolution adopted
November 14, 2001 (the "Roanoke Authority Resolution") authorized the issuance
of the Industrial Development Authority of the City of Roanoke, Virginia Hospital
Revenue Bonds (Carilion Health System Obligated Group), Series 2002A (the
"Bonds") in an aggregate principal amount not to exceed $100,000,000 for the
following purposes: (I) (a) financing for CMC in the approximate amount of
$85,500,000 a portion of the costs of (i) (A) renovating and/or expanding certain
portions of Carilion Roanoke Memorial Hospital, an approximately 1,050,000 square
foot health care facility and/or (B) acquiring certain capital equipment for use in or
in connection with Carilion Roanoke Memorial Hospital (the "Carilion Roanoke
Memorial Hospital Project"), (ii) paying costs of equipping and upfitting an imaging
facility to be housed in a new medical office building to be located adjacent to
Carilion Roanoke Memorial Hospital (the "CRMH Imaging Project") and (iii} (A)
renovating and/or expanding certain portions of Carilion Roanoke Community
Hospital, an approximately 413,000 square foot health care facility, and/or (B)
acquiring certain capital equipment for use in or in connection with Carilion
Roanoke Community Hospital (the "Carilion Roanoke Community Hospital Project"),
(b) financing for CGMH in the approximate amount of $3,000,000 a portion of the
costs of (i) renovating and/or expanding certain portions of Carilion Giles Memorial
Hospital, an approximately 76,000 square foot health care facility, and/or (ii)
acquiring certain capital equipment for use in or in connection with Carilion Giles
Memorial Hospital (the "Carilion Giles Memorial Hospital Project"), (c) financing for
BMH in the approximate amount of $5,500,000 a portion of the costs of (i) renovating
and/or expanding certain portions of the Bedford Memorial Hospital, an
approximately 118,000 square foot health care facility, and/or (ii) acquiring certain
capital equipment for use in or in connection with Bedford Memorial Hospital (the
"Bedford Memorial Hospital Project"), and (d) financing for CFMH in the approximate
amount of $6,000,000 a portion of the costs of (i) renovating and/or expanding
certain portions of Carilion Franklin Memorial Hospital, an approximately 61,000
square foot health care facility, (ii) constructing a three-story, approximately 40,000
square foot addition to CFMH, which is to include a new entrance and lobby,
specialty clinics and administrative offices, and/or (iii) acquiring certain capital
equipment for use in or in connection with the Carilion Franklin Memorial Hospital
(the "Carilion Franklin Memorial Hospital Project") (the Carilion Roanoke Memorial
Hospital Project, the CRMH Imaging Project, the Carilion Roanoke Community
Hospital Project, the Carillon Giles Memorial Hospital Project, the Bedford Memorial
Hospital Project and the Carilion Franklin Memorial Hospital Project are hereinafter
collectively referred to as the "Project"); (11) refinancing certain outstanding interim
264
indebtedness incurred by CMC, CGMH, BMH and CFMH in connection with the
financing of a portion of the cost of acquiring, constructing, renovating and
equipping the Project; (111) paying a portion of the interest accruing on the Bonds
during the acquisition, construction, renovation and equipping of the Project; (IV)
funding a debt service reserve fund for the Bonds in the event the Authority
determines at the time the Bonds are to be sold that a debt service reserve fund is
warranted, and (V) paying certain expenses incurred in connection with the issuance
of the Bonds, including credit enhancement fees with respect to the Bonds, if any;
and
WHEREAS, CMC owns and operates Carilion Roanoke Memorial
Hospital and the location of the Carillon Roanoke Memorial Hospital Project is
Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC will own the
CRMH Imaging Project and the location of the CRMH Imaging Project is 2001 Crystal
Spring Avenue, Roanoke, Virginia; CMC also owns and operates Carilion Roanoke
Community Hospital and the location of the Carilion Roanoke Community Hospital
Project is 101 Elm Avenue, S.E., Roanoke, Virginia; BMH owns and operates Bedford
Memorial Hospital and the location of the Bedford Memorial Hospital Project is 1613
Oakwood Street, Bedford, Virginia; CGMH owns and operates Carilion Giles
Memorial Hospital and the location of the Carilion Giles Memorial Hospital Project
is 1 Taylor Avenue, Pearisburg, Virginia; and CFMH owns and operates Carilion
Franklin Memorial Hospital and the location of the Carilion Franklin Memorial
Hospital Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and
WHEREAS, the City Council of the City of Roanoke, Virginia (the
"Roanoke City Council") must first approve the issuance of the Bonds before the
Roanoke Authority can proceed with the financing; and
WHEREAS, the Roanoke Authority has delivered or caused to be
delivered to the Roanoke City Council the following: (i) a reasonably detailed
summary of the comments expressed at the public hearing held by the Roanoke
Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement
concerning the Project and the Bonds in the form specified in Section 15.2-4907 of
the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the
recommendation of the Roanoke Authority that the Roanoke City Council approve
the financing of the Project and the issuance of the Bonds; and
WHEREAS, the Roanoke City Council has determined that it is
necessary at this time to approve the issuance by the Roanoke Authority of not to
exceed $100,000,000 aggregate principal amount of the Bonds to promote the
improvement of the health and living conditions of the people of the City of Roar~oke
andthe Commonwealth of Virginia, increase opportunities for gainful employment,
improve health care and otherwise aid in improving the prosperity and welfare of
said City and Commonwealth and its inhabitants by improving the hospital facilities
of CMC, BMH, CGMH and CFMH, respectively;
265
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Roanoke, Virginia:
SECTION 1. The Roanoke City Council hereby authorizes the issuance
by the Roanoke Authority of the Industrial Development Authority of the City of
Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated
Group), Series 2002A in an aggregate principal amount not to exceed $100,000,000
(the "Bonds") for the purpose of (i) financing a portion of the costs of the Project,
(ii) refinancing certain outstanding interim indebtedness incurred by CMC, CGMH,
BMH and CFMH in connection with the financing of a portion of the cost of acquiring,
constructing, renovating and equipping the Project, (iii) paying a portion of the
interest accruing on the Bonds during the acquisition, construction, renovation and
equipping of the Project, (iv) funding a debt service reserve fund for the Bonds in the
event the Authority determines at the time the Bonds are to be sold that a debt
service reserve fund is warranted and (v) paying certain expenses incurred in
connection with the issuance of the Bonds, including credit enhancement fees with
respect to the Bonds, if any.
SECTION 2. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk
to the Roanoke City Council are hereby authorized and directed, on behalf of the
City, to take any and all action necessary, including the execution of any documents,
to consummate the issuance and sale of the Bonds in conformity with the provisions
of this resolution.
SECTION 3. The approval of the issuance of the Bonds, as required by
Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does
not constitute an endorsement to any prospective purchaser of the Bonds or the
creditworthiness of CMC, BMH, CGMH or CFMH, and, as required by the Act. the
Bonds shall provide that neither the Commonwealth of Virginia, the City nor the
Roanoke Authority shall be obligated to pay the principal of, the redemption
premium, if any, or the interest on the Bonds or other costs incident thereto except
from the revenues and funds pledged therefor and neither the faith or credit nor the
taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority
shall be pledged thereto.
SECTION 4. This Resolution shall take effect immediately upon its
passage.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
266
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35644-111901.
A RESOLUTION closing certain City offices on Monday, December 24,
2001, and providing for additional holiday leave for all City employees.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. City offices that are not engaged in performing emergency
services or other necessary and essential services of the City shall be closed on
Monday, December 24, 2001.
2. City personnel who are not engaged in performing emergency
services or other necessary and essential services for the City shall be excused from
work for eight hours on Monday, December 24, 2001.
3. With respect to emergency service employees and other
employees performing necessary and essential services who cannot for reasons of
public health, safety or welfare be excused from work on Monday, December 24,
2001, such employees, regardless of whether they are scheduled to work on
Monday, December 24, 2001, shall be accorded equal time off at a later date.
Employees of the Fire/EMS Department working the three platoon system shall
receive twelve hours of holiday time due to their work schedule.
f4i Adherence to this resolution shall cause no disruption or
cessation o he performance of any emergency, essential or necessary public
service rendered or performed by the City.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
267
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 36645-111901.
A RESOLUTION amending Resolution No. 30884-121892, adopted
February 18, 1992, which established the policy of the City with respect to
supporting requests of certain non-profit organizations to exempt certain property
from taxation pursuant to Article X, §6(a)(6), of the Constitution of Virginia.
WHEREAS, this Council by the adoption of Resolution No. 30884-
021892, on February 18, 1992, established the policy of the City with respect to
supporting requests of non-profit organizations for tax exempt status for their
property; and
WHEREAS, Paragraph 2(a) of such resolution provided that if Council
adopted a resolution supporting an organization's request, and the request was
granted by the General Assembly, that the "value of all exempted taxes shall be
deducted from any funding provided by the City to the organization"; and
WHEREAS, Council desires to amend its policy to delete the provisions
of Paragraph 2(a) of Resolution No. 30884-021892.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Resolution No. 30884-021892, adopted February 18, 1992, be, and it hereby is,
amended by the deletion of Paragraph 2 (a).
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
268
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35646-111901.
AN ORDINANCE amending and reordaining Chapter 32. Taxation, Article
II, Real Estate Taxes Generally, of the Code of the City of Roanoke (1979), as
amended, by adding a new section entitled §32-26. Triennial application for
exemption, providing for the periodic filing of applications with the Director of Real
Estate Valuation as a requirement for the retention of tax exempt status, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 32. Taxation, Article II, Real Estate Taxes Generally, of
the Code of the City of Roanoke (1979), as amended, is amended and reordained by
adding a new section entitled §32-26. Triennial application for exemption, which
shall read and provide as follows:
CHAPTER 32. TAXATION
ARTICLE II. REAL ESTATE TAXES GENERALLY
§32-26. Triennial application for exemption.
(a) Any entity which owns real or personal property exempt
pursuant to Title 58.1, Chapter 36, Code of Virginia (1950), as amended,
shall, after receiving sixty (60) days' written notice, file triennially an
application with the director of real estate valuation as a requirement
of retention of the tax exempt status of the property. The application
shall show the ownership and usage of the property and shall be filed
within sixty (60) days preceding the tax year for which such exemption
or the retention thereof is sought on a form furnished by the director of
real estate valuation.
(b) This requirement shall not apply to the United States or to
the state or any of its political subdivisions.
269
reading of this ordinance is hereby dispensed with.
Pursuant to the provisions of §12 of the Charter, the second
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35647-111901.
AN ORDINANCE amending and reordaining subsections (r) and (s) of
§14.1-1, Definitions, and subsection (b) of §14.1-16, Placement for collection
qenerally, of Chapter 14.1, Solid Waste Management, of the Code of the City of
Roanoke (1979), as amended, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Subsections (r) and (s) of§14.1-1, Definitions, and subsection (b)
of §14.1-16, Placement for collection generally, of Chapter 14.1, Solid Waste
Management, of the Code of the City of Roanoke (1979), as amended, are hereby
amended and reordained to read and provide as follows:
§14.1-1, Definitions.
(r) Recyclables shall mean those items identified in
regulations promulgated by the City Manager as recyclable and
acceptable to the City for recycling.
(s) Recycling container shall mean a cart or bin which is
provided by or through the City or is otherwise approved by the City
Manager. In no case shall a recycling container be larger than thirty-
two (32) gallons.
270
§14.1-16. Placement for collection generally.
(b) Certain alleys designated by the City Manager may be used
for automated collection container service and recycling container
service, but not bulk items, and when alleys are so designated,
occupants of property contiguous to such designated alleys shall place
all such solid waste for collection within five (5) feet of the edge of the
alley, as close as possible to the point of ingress and egress. In case
of property having a fence or wall on the property line adjacent to the
alley, and no point of ingress or egress in such fence or wall, the City
Manager shall designate a point of collection. Automated collection
containers and recycling containers placed in such alleys shall be so
placed in accordance with subparagraph (a) of this section.
ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
Pursuant to §12 of the City Charter, the second reading of this
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35648-111901.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
271
Appropriations
Economic Development $ 27,195,963.00
Innotech Expansion (1) ................................. 468,000.00
Stormwater Management
Airport Road Storm Drain Extension Project (2) ..............
3,463,825.00
100,000.00
1) Appropriated from
General Revenue
(008-052-9627-9003
(100,000.00)
2) Appropriated from
General Revenue
(008-530-9782-9003)
100,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35649-111901.
AN ORDINANCE providing for the acquisition of certain property rights
needed by the City for the Airport Road Storm Drain Extension Project; setting a limit
on the consideration to be offered by the City; providing for the City's acquisition of
such property rights by condemnation, under certain circumstances; and dispensing
with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the improvement of storm drainage in the vicinity
of Airport Road and Towne Square Boulevard, the City wants and needs certain
property rights across property bearing Roanoke City Tax Nos. 6640112, 6640113,
6640114, 6640116, and 6660103, as set forth in the City Manager's report and
272
attachment thereto dated November 19, 2001. The proper City officials are
authorized to acquire these property rights for such consideration as the City
Manager may deem appropriate, subject to the limitation set out below and subject
to applicable statutory guidelines. All requisite documents shall be upon form
approved by the City Attorney.
2. A public necessity and use exists for the acquisition of the
property rights and immediate acquisition by purchase or condemnation is
necessary and expedient.
3. The City Manager is directed on behalf of the City to offer the
landowners such consideration for the property rights as deemed appropriate;
provided, however, the total consideration offered or expended and any and all
necessary closing costs, including but not limited to appraisals, title reports,
preparation of necessary documents and recordation costs, shall not exceed
$100,000.00 without further authorization of Council. Upon the acceptance of an
offer and upon delivery to the City of deeds, approved as to form and execution by
the City Attorney, the Director of Finance is directed to pay the consideration to the
owners of the interests conveyed, certified by the City Attorney to be entitled to the
same.
4. Should the City be unable to agree with the landowners as to the
compensation to be paid for acquisition of such property rights, or other terms of
purchase or settlement, or should the owners be persons under a disability lacking
capacity to convey said property rights, or should the whereabouts of the owners
be unknown, the City Attorney is authorized and directed to institute condemnation
or legal proceedings to acquire for the City the appropriate property rights.
5. In instituting or conducting any condemnation proceeding, the
City Attorney is authorized to make motion on behalf of the City for a right of entry
pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as
amended, for the purpose of commencing the project. The Director of Finance, upon
request of the City Attorney, shall be authorized and directed to draw and pay into
Court the appropriate sums in connection with such proceedings.
6. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
273
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35650-111901.
AN ORDINANCE authorizing the City Manager to execute the appropriate
documents for the acceptance of a donation of certain properties by Roanoke
Redevelopment and Housing Authority to be used for developmental purposes by
the City; upon certain terms and conditions; and dispensing with the second reading
of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute the appropriate
documents to accept the donation of two parcels of land from Roanoke
Redevelopment and Housing Authority, bearing Official Tax Map Nos. 2013938 and
3041224, for the consideration of $1.00 each, as more particularly stated in the City
Manager's letter to City Council dated November 19, 2001. All requisite documents
shall be upon form approved by the City Attorney.
2. Acceptance of these parcels is conditioned upon receiving a
satisfactory environmental assessment and title exam.
3. Pursuant to the provisions of Section 12 of the City Charter, the
secOnd reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
274
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35651-111901.
AN ORDINANCE authorizing the donation of certain City-owned
transportation equipment to the Virginia Museum of Transportation, Inc., upon
certain terms and conditions; dispensing with the second reading by title of this
ordinance; and providing for an effective date.
WHEREAS, a number of items representing different methods of
transportation over the years which have been donated to the City are currently
housed and maintained by the Virginia Museum of Transportation, Inc.;
WHEREAS, in order to simplify equipment maintenance and insurance
coverage issues, the equipment should be donated to the Virginia Museum of
Transportation, Inc.;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. With regard to the transportation equipment owned by the City
currently housed and maintained by the Virginia Museum of Transportation, Inc.,
with the exception of the 1218 locomotive donated by the Shenandoah-Virginia
Corporation in 2001, and the No. 611 Class A Steam Locomotive, both of which shall
remain the property of the City of Roanoke, the remaining items are hereby donated
to the Virginia Museum of Transportation, Inc., in accordance with the
recommendation contained in the City Manager's letter to Council dated November
19, 2001, and as identified therein.
2. Ownership of the transportation equipment, identified on the
attachment entitled "Items Housed and Maintained by the Virginia Museum of
Transportation for the City of Roanoke as of September 4, 2001", to the above
referenced City Manager letter, shall revert to the City of Roanoke in the event the
Virginia Museum of Transportation should ever close. The Museum shall not
dispose of such equipment without the prior written approval of the City.
3. This ordinance shall not become effective until such time as a
duly authorized officer of the Virginia Museum of Transportation, Inc., has executed
this ordinance on behalf of the Museum, agreeing to the conditions set out herein.
275
4. Pursuant to §12 of the City Charter, the second reading of this
ordinance is hereby dispensed with.
ACCEPTED and AGREED to by the undersigned this day of
,2001.
ATTEST:
VIRGINIA MUSEUM OF TRANSPORTATION, INC.
By
Harry G. Norris, Secretary
Katherine F. Strickland, Executive Director
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35652-111901.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Safety $ 2,943,107.00
Fire Program Fund FY02 (1-5) ............................ 131,795.00
276 -
Revenues
Public Safety
Fire Program Fund FY02 (6) .............................
1) Expendable Equipment
<$5,000
2) Training and Development
3) Wearing Apparel
4) Recruiting
5) Regional Fire Training
Facility
6) State Grant Revenue
(035-520-3232-203S)
(035.520-3232-2044)
(035-520-3232-2064)
(035-520-3232-2065)
(035-520-3232-9073)
(035-520-3232-3232)
$ 2,943,107.00
131,795.00
26,795.00
10,000.00
30,000.00
5,000.00
60,000.00
131,795.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35653-111901.
A RESOLUTION authorizing the acceptance of the FY2002 Fire
Programs Funds Grant made to the City of Roanoke by the Virginia Department of
Fire Programs and authorizing the execution and filing by the City Manager of the
conditions of the grant and other grant documents.
277
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the
Virginia Department of Fire Programs of the FY2002 Fire Programs Funds Grant in
the amount of $131,794.71.
2. The City Manager or the Assistant City Manager for Operations
is hereby authorized to accept, execute and file on behalf of the City any documents
setting forth the conditions of the FY2002 Fire Programs Funds Grant.
3. The City Manager or the Assistant City Manager for Operations
is further directed to furnish such additional information as may be required by the
Virginia Department of Fire Programs in connection with the City's acceptance of the
foregoing grant or with such project.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35654-111901.
A RESOLUTION authorizing payment of supplementary compensation
and restoration of certain benefits to employees called to active military duty; and
repealing Resolution No. 35637-110501, adopted November 5, 2001.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City shall pay, upon request, to any City employee who,
between October 1,2001, and September 30, 2002, is called to active duty related to
our country's war on terrorism, subsequent to that employee's employment with the
City, a supplement equal to the difference between regular City salary and military
278
base pay plus any other compensation received for such service. This supplement
shall not be paid for any days that regular City salary must be paid to such
empioyees. Employees shall provide the Department of Human Resources with the
necessary documentation to establish their eligibility for the supplement.
2. Any City vacation or paid leave used by such employees during
active duty related to our country's war on terrorism shall be restored.
3. Each such employee shall be deemed to have earned City
vacation, paid and extended illness leave for the period of such active duty in the
same manner as if such employee had remained in service with the City.
4. For each such employee who returns to service with the City
within seven (7) working days of the conclusion of such active military duty, the City
shall pay the City portion of the health and dental benefit premiums necessary to
provide coverage for the employee effective upon the date of return to service with
the City.
hereby REPEALED.
Resolution No. 35637-110501, adopted on November 5, 2001, is
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35655-111901.
AN ORDINANCE authorizing the City Manager to execute Amendment 1
to the September 1, 1998, Parking Agreement between the City of Roanoke and
Carilion Health System; and providing for an emergency.
279
WHEREAS, the City and Carilion entered into a Parking Agreement
dated September 1,1998, giving Carilion the right to purchase a minimum of 310 and
up to a maximum of 440 parking permits for use in the Tower Parking Garage,
Church Avenue Parking Garage, and Century Station Parking Garage during normal
business days and hours (Parking Agreement); and
WHEREAS, Carilion has purchased the maximum amount of 440 parking
permits, but now needs additional parking permits for additional job positions it has
or will move downtown and requires the ability to purchase up to an additional 60
parking permits above the 440 provided for by the Parking Agreement; and
WHEREAS, the City wishes to make such additional parking permits
available to Carilion pursuant to the terms and conditions set forth in Amendment
1 as referred to in the City Manager's letter to Council dated November 19, 2001.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, an Amendment 1 to the Parking Agreement of September 1,
1998, between the City of Roanoke and Carilion Health System which will provide
that Carilion may purchase up to 60 additional parking permits at the approved
prevailing monthly rate then in effect, as such rate may be increased or decreased
from time-to-time, for the particular parking garage for which such permits are
iSsued less 10% of such rate, all as more particularly set forth in the City Manager's
letter to Council dated November 19, 2001.
2. Amendment 1 to the Parking Agreement with Carilion will be
substantially similar to the one attached to the above mentioned City Manager's
letter, and shall be approved as to form by the City Attorney.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
280 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35656-111901.
A RESOLUTION endorsing the inclusion of the Downtown West and the
Henry Street Districts as landmarks on the Virginia Landmarks Register and the
National Register of Historic Places; and authorizing the proper City Official to
execute the appropriate documents to include those areas on the Virginia
Landmarks Register and the National Register of Historic Places.
WHEREAS, designation on the Virginia Landmarks Register and the
National Register of Historic Places provides many benefits, including economic
incentives and increased community pride;
WHEREAS, the City of Roanoke is applying to the Virginia Department
of Historic Resources for official designation of the Downtown West and the Henry
Street Districts as landmarks on the Virginia Landmarks Register and the National
Register of Historic places; and
WHEREAS, inclusion on the Virginia Landmarks Register and the
National Register of Historic Places would recognize the cultural and architectural
importance of the Downtown West and Henry Street Districts in the City of
Roanoke's early history.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. This Council is of the opinion that the Downtown West and Henry
Street Districts have considerable cultural, architectural and historical significance
and are worthy of inclusion on the Virginia Landmarks Register and the National
Register of Historic Places;
2. This Council enthusiastically endorses inclusion of the
Downtown West and Henry Street Districts on the Virginia Landmarks Register and
the National Register of Historic Places; and
281
3. The City Manager is hereby authorized to execute on behalf of the
City of Roanoke any and all appropriate documents necessary for inclusion of the
Downtown West and Henry Street Districts on the Virginia Landmarks Register and
the National Register of Historic Places, as more particularly set forth in the letter
to this Council dated November 19, 2001.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smit!~.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35657-111901.
A RESOLUTION authorizing and providing for an agreement between
the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to
Animals ("RVSPCA") relating to construction and operation of a new pound facility
by the RVSPCA and the provision of services at the new pound facility to the City,
and others, by the RVSPCA, and concurring with the determination of the .c.!ty's
Purchasing Manager that the RVSPCA is the only source practicably available to
perform such services.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council does hereby concur in the determination of the City's
Purchasing Manager that the Roanoke Valley Society for the Prevention of Cruelty
to Animals ("RVSPCA") is the only source practicably available to provide pound
facility services.
2. The City Manager and the City Clerk are authorized to execute and
attest, respectively, for and on behalf of the City, upon form approved by the City
Attorney, a written agreement between the City, the Roanoke Valley Society for the
Prevention of Cruelty to Animals, Roanoke County, Botetourt County and the Town
of Vinton relating to the provision of pound facility services by the RVSPCA, ell as
more fully set out in the City Manager's letter to City Council dated November 19,
2001.
282
3. Such agreement which shall be for a term through June 30, 2032,
and which term shall begin on the earlier of: (1) the date the obligations are issued;
or (2) the first day of the month after the new pound facility is placed in service.
APPROVED
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35658-111901.
A RESOLUTION concurring in the resolution adopted by the Industrial
Development Authority of the County of Botetourt, Virginia (the "Botetourt
Authority") and approving the loan by the Botetourt Authority for the benefit of the
Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., ( the
"RVSPCA") to assist in acquiring, constructing, and equipping a regional animal
pound facility (the "Project").
WHEREAS, the City Council ("Governing Body") of the City of Roanoke
has been asked by the RVSPCA to concur in the resolution adopted by the Botetourt
Authority regarding a loan by the Authority for the benefit of the RVSPCA to assist
in acquiring, constructing, and equipping a regional animal pound facility; and
WHEREAS, §15.2-4905, of the Industrial Development and Revenue
Bond Act, Chapter 49, Title 15.2, Code of Virginia (1950), as amended (the "Act"),
provides that if a locality has created an industrial development authority, no
industrial development authority created by another locality may finance a facility
located in the first locality unless the governing body of such first locality concurs
in the inducement resolution adopted by such industrial development authority; and
WHEREAS, the pound facility will be located in the City of Roanoke,
Virginia, and operated for the benefit of the Counties of Roanoke and Botetourt, the
City of Roanoke and the Town of Vinton;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke,
Virginia, as follows:
283
1. City Council concurs with the resolution adopted by the
Botetourt Authority and approves the loan by the Botetourt Authority for the benefit
of the RVSPCA, as required by §15.2-4905 of the Act.
2. This resolution shall take effect immediately upon its adoption.
Adopted by the City Council of the City of Roanoke, Virginia this 19th
day of November, 2001.
SEAL
ATTEST:
Mary F. Parker
City Clerk
APPROVED
City Clerk, City Council of the
City of Roanoke, Virginia
#
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35659-111901.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General, Civic Center, and Capital Projects Funds Appropriations, and
providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General, Civic Center, and Capital Projects
Funds Appropriations, be, and the same are hereby, amended and reordained to
read as follows, in part:
284
General Fund
Appropriations
Public Works $
Paving Program (1) ...................................
Nondepartmental
Transfers to Other Funds (2) ...........................
Civic Center Fund
Appropriations
Civic Center - Capital Outlay
Civic Center Expansion and Renovation - Phase II (3-5) .....
Revenues
Nonoperating
Transfers from Other Funds (6-7) .......................
Retained Earninqs
Retained Earnings - Available for Appropriation (8) ..........
Capital Projects Fund
Approl~riations
Capital Improvement Reserve
Capital Improvement Reserve (9) .......................
Public Improvement Bonds - Series 1999 (10) .............
Nondepartmental
Transfers to Other Funds (11) ..........................
1) CMERP - Equipment
Purchases (001-530-4120-9132)
2) Transfer to Civic
Center Fund
(001-250-9310-9505)
24,852,040.00
2,493,144.00
71,471,871.00
70,829,166.00
1,725,059.00
850,000.00
1,698,685.00
1,638,685.00
476,000.00
(1,288,948.00)
458,758.00
4,752,294.00
410,000.00
410,000.00
(200,000.00)
200,000.00
285
3) Appropriated from
1999 Bond Funds
(005-550-8616-9001 )
$ 85,000.00
4) Appropriated from
~' General Revenue
(005-550-8616-9003)
565,000.00
5) CMERP- Equipment
Purchases
(005-550-8616-9132)
200,000.00
6) Transfer from
General Fund
(005-110-1234-0951 )
200,000.00
7) Transfer from Capital
Projects Fund
(005-110-1234-1460
385,000.00
8) Retained Earnings
Available for
Appropriation
(005-3348)
(265,000.0O)
9) Streets and Bridges
(008-052-9575-9181)
(300,000.00)
10) Buildings
(008-052~709-9183
(85,ooo.oo)
11) Transfer to Civic
Center Fund
(008~52~559-9505)
385,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
286
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35660-111901.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds of its general obligation public improvement bonds for certain moneys to
be appropriated by the City for expenditures in connection with the Roanoke Civic
Center Expansion and Renovation Project - Phase II; and providing for an effective
date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U.S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse itself
from the proceeds of its general obligation public improvement bonds in a principal
amount not to exceed $14,941,020 for certain moneys to be appropriated by the City
from time to time for expenditures in connection with the Roanoke Civic Center
Expansion and Renovation Project - Phase II (the "Project"), including, without
limitation, the amount of $850,000 appropriated by an ordinance adopted
contemporaneously herewith by the City Council on November 19, 2001, in
connection with the anticipated award of a contract for the design process and
professional consultant work for the Project.
2. The Council hereby determines that the appropriation authorized
contemporaneously herewith is being made for a purpose for which the City is
authorized to issue, and contemplated to be reimbursed from the proceeds of,
general obligation public improvement bonds of the City. The maximum principal
amount of debt expected to be issued for the Project is an amount not to exceed
$14,941,020.
3. This is a declaration of official intent adopted pursuant to U.S.
Treasury Regulations, Section 1.150-2. This official intent is being made not later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.
4. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, "2.2-3700, et seq., Code of Virginia (1950),
as amended.
adoption.
ATTEST:
Mary F. Parker
City Clerk
287
This Resolution shall be effective on and after the date of its
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35661-111901.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Parks, Recreation and Cultural $ 9,514,337.00
Stadium/Amphitheater Project (1) ......................... 2,310,000.00
Capital Improvement Reserve (1,178,948.00)
Public Improvement Bonds Series 2002 (2) ................. (6,775,000.00)
1) Appropriated from
Bond Funds
Series 2002
2) Stadium/Amphitheater
(008-530-9758-9076)
(008-052-9710-9179)
275,000.00
(275,O00.O0)
288
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35662-111901.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds of its general obligation public improvement bonds authorized to be
issued pursuant to Resolution No. 35489-080601, adopted August 6, 2001, for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, which includes acquisition of real
property for the Stadium/Amphitheater Project; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse itself
$275,000 authorized by an ordinance simultaneously adopted by the City Council on
November 19, 2001, for certain expenditures to be made in connection with the
acquisition of real property for the Stadium/Amphitheater Project from proceeds of
its general obligation public improvement bonds authorized to be issued pursuant
to Resolution No. 35489-080601, adopted by the City Council on August 6, 2001, in
the principal amount of $31,245,000, with $16,200,000 being allocated for the
Stadium/Amphitheater Project, for the purpose of providing funds to pay the costs
of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the
City, which includes acquisition of real property for the Stadium/Amphitheater
Project. The maximum principal amount of debt expected to be issued for the
Stadium/Amphitheater Project is $16,200,000, all as is more fully set forth in the City
Manager's letter of November 19, 2001, to this Council.
289
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, §§ 2.2-3700, et seq., Code of Virginia (1950),
as amended.
adoption.
4. This Resolution shall be effective on and after the date of its
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35663-111901.
AN ORDINANCE authorizing the City Manager to enter into a sales
contract providing for the acquisition of certain property needed in connection with
the proposed construction of a multipurpose stadium/amphitheater; establishing the
consideration to be paid by the City; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to enter into a sales contract
providing for the acquisition of certain property identified as Official Tax Nos.
2041817 and 2041816 from Fred C. Ellis in the amount of $275,00.00; upon form
approved by the City Attorney, as more particularly stated in the City Manager's letter
dated November 19, 2001, to City Council.
290
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of November, 2001.
No. 35664-111901.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development $ 6,195,487.00
Grandin Theater (1) .................................... 100,000.00
Capital Improvement Revenue (906,948.00)
Capital Improvement Reserve (2) ......................... 755,758.00
Fund Balance
Reserved Fund Balance - Undesignated Capital Funds from Sale of
Juv. enile Detention Assets (3) ............................ -0-
291
1) Appropriated from
General Revenue
(008-310-9737-9003)
$ 100,000.00
2) Buildings and
Structures
(008-052-9575-9173)
( 3,000.00)
3) Reserved Fund
Balance - Capital
Fund
(008-3329) (97,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35665-111901.
AN ORDINANCE authorizing the City Manager to enter into an
Agreement with Grandin Theater Foundation, Inc., to provide for funding bythe City
in an amount up to $500,000 for the acquisition and renovation of the Grandin
Theater in the Grandin Village area of the City, upon certain terms and conditions,
to provide benefits and services to the residents of the City and Southwestern
Virginia; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to enter into an Agreement with
the Grandin Theater Foundation, Inc., to provide for funding bythe City in an amount
of up to $500,000 for the acquisition and renovation of the Grandin Theater, ~_q~on
certain terms and conditions, as more particularly set out in the City Manager' letter
to Council dated November 19, 2001.
292
2. The Agreement proposed to be entered into shall be upon form
approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:A~ ~'
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35666-111901.
A RESOLUTION adopting and endorsing a Legislative Program for the
City to be presented to the City's delegation to the 2002 Session of the General
Assembly.
WHEREAS, the members of City Council are in a unique position to be
aware of the legislative needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been
responsible for improving the efficiency of local government and the quality of life
for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a
Legislative Program to be advocated by the Council and its representatives at the
General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report,
dated November 19, 2001, recommended to Council a Legislative Program to be
presented at the 2002 Session of the General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
293
1. The Legislative Program transmitted by report of the Legislative
Committee, dated November 19, 2001, is hereby adopted and endorsed by the
Council as the City's official Legislative Program for the 2002 Session of the General
Assembly.
2. The Clerk is directed to issue cordial invitations to the City's
Senator and Delegates to the 2002 Session of the General Assembly to attend
Council's meeting relating to legislative matters, to be held at 12:15 p.m., on
December 3, 2001.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35667-111901.
A RESOLUTION supporting tax exemption of certain property in the City
of Roanoke owned by the Boys & Girls Clubs of Roanoke Valley, Inc., and used by
it exclusively for charitable or benevolent purposes on a non-profit basis.
WHEREAS, the Boys & Girls Clubs of Roanoke Valley, Inc.,
(hereinafter "the Applicant") has petitioned this Council for support of a bill to be
introduced at the 2002 Session of the General Assembly to exempt certain property
of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of
Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on
November 19, 2001;
WHEREAS, the provisions of subsection B of §30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by the Council;
294
WHEREAS, the Applicant agrees that the property to be exempt from
taxation is certain real estate, including the land and any buildings located thereon,
identified by Roanoke City Tax Map Nos. 4240101 and 4240105, and owned bY the
Applicant (the "Property"), providing the Property shall be used by the Applicant
exclusively for charitable or benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1 to be introduced
on behalf of the Applicant at the 2002 Session of the General Assembly, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which
would be applicable to the Property were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Council supports a bill to be introduced at the 2002 Session of
the General Assembly whereby the Boys & Girls Clubs of Roanoke Valley, Inc., a
non-profit organization, seeks to be classified and designated a charitable or
benevolent organization within the context of §6(a)(6) of Article X of the Constitution
of Virginia, and whereby certain real estate, including the land and any building
located thereon, identified by Roanoke City Tax Map Nos. 4240101 and 4240105, and
owned by the Applicant, which is used by it exclusively for charitable or benevolent
purposes on a non-profit basis, shall be exempt from State and local taxation.
2. In consideration of Council's adoption of this Resolution and
Council's support of the bill described in Paragraph 1 of this Resolution to be
introduced at the 2002 Session of the General Assembly, the Applicant agrees to pay
to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to the Property, were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
3. In adopting this Resolution, the Council has examined and
considered the provisions of Subsection B of §30-19.04, Code of Virginia (1950), as
amended, and pursuant to Subsection C of the same section, Council recognizes
that the Property is currently assessed at $536,500.00, representing a real property
tax liability of $6,491.64 for the 2002-2003 tax year, and Council recommends to the
General Assembly that the specific classification shall be benevolent or charitable.
4. The City Clerk is directed to forward an attested copy of this
Resolution to the Commissioner of the Revenue and the City Treasurer for purpose
of assessment and collection, respectively, of the service charge established by this
Resolution, and to John R. Dyer, President of Boys & Girls Clubs of Roanoke Valley,
Inc.
295
5. This Resolution shall be in full force and effect at such time as
a copy, duly signed by an authorized officer of the Applicant, has been filed with the
City Clerk.
ACCEPTED, AGREED TO and EXECUTED by the Boys & Girls Clubs of Roanoke
Valley, Inc., this ~ day of ,2001.
Boys & Girls Clubs of Roanoke Valley, Inc.
By. (SEAL)
Title:
ATTEST:
Secretary
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Unified
The 19th day of November, 2001.
No. 35668-111901.
A RESOLUTION supporting tax exemption of certain property in the City
of Roanoke owned by the Unified Human Services Transportation System, Inc., and
used by it exclusively for charitable or benevolent purposes on a non-profit basis.
WHEREAS, the Unified Human Services Transportation System, Inc.,
(hereinafter "the Applicant") has petitioned this Council for support of a bill to be
introduced at the 2002 Session of the General Assembly to exempt certain property
of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of
Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on November
19, 2001;
296
WHEREAS, the provisions of subsection B of §30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the property to be exempt from
taxation is certain real estate, including the land and any buildings located thereon,
identified by Roanoke City Tax Map Nos. 1311221, 2410101, 2410301 through
2410306, inclusive, and owned by the Applicant (the "Property"), providing the
Property shall be used by the Applicant exclusively for charitable or benevolent
purposes on a non-profit basis; and
WHEREAS~ in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1 to be introduced
on behalf of the Applicant at the 2002 Session of the General Assembly, the
Applicant has voluntarily agreed to pay each year a service .charge in an amount
equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which
would be applicable to the Property were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Council supports a bill to be introduced at the 2002 Session of
the General Assembly whereby the Unified Human Services Transportation System,
Inc., a non-profit organization, seeks to be classified and designated a charitable or
benevolent organization within the context of §6(a)(6) of Article X of the Constitution
of Virginia, and whereby certain real estate, including the land and any building
located thereon, identified by Roanoke City Tax Map Nos. 1311221, 2410101,
2410301 through 2410306, inclusive, and owned by the Applicant, which is use(] by
it exclusively for charitable or benevolent purposes on a non-profit basis, shall be
exempt from State and local taxation.
2. In consideration of Council's adoption of this Resolution and
Council's support of the bill described in Paragraph 1 of this Resolution to be
introduced at the 2002 Session of the General Assembly, the Applicant agrees to pay
to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to the Property, were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
3. In adopting this Resolution, the Council has examined and
considered the provisions of Subsection B of §30-19.04, Code of Virginia (1950), as
amended, and pursuant to Subsection C of the same section, Council recognizes
that the Property is currently assessed at $369,100.00, representing a real proparty
tax liability of $4,466.10 for the 2002-2003 tax year, and Council recommends to the
General Assembly that the specific classification shall be benevolent or charitable.
297
4. The City Clerk is directed to forward an attested copy o'i: ~his
Resolution to the Commissioner of the Revenue and the City Treasurer for purpose
of assessment and collection, respectively, of the service charge established bythis
Resolution, and to Curtis A. Andrews, Executive Director, Unified Human Services
Transportation System, Inc.
5. This Resolution shall be in full force and effect at such time as
a copy, duly signed by an authorized officer of the Applicant, has been filed with the
City Clerk.
ACCEPTED, AGREED TO and EXECUTED by the Unified Human
Services Transportation System, Inc., this ~ day of ,2001.
Unified Human Services Transportation System, Inc.
By (ET. AL)
Title:
ATTEST:
Secretary
APPROVED
ATTEST:
Mary F.
City Clerk
Ralph K. Smit~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35669-111901.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain propertywithin the City, subject to certain conditions proffered bythe
applicant; and dispensing with the second reading of this ordinance.
298
WHEREAS, AMVETS-Post ~40, Jol~n Harvey Memorial, has made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from RM-2, Residential Multi-family, Medium Density District, to
C-2, General. Commercial District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning. Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, arid after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on November 19, 2001, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters Presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 411' of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That parcel of land lying in the City of Roanoke known as Lot 6 and part
of Lot 5, Section 4, Map 'of the Lands of Belmont Land Company, Official Tax No.
4112106, otherwise known as 917 Tazewell Avenue, S.E., be, and is hereby rezoned
from RM-2, Residential Multi-family, Medium Density District, to C-2, General
Commercial District, as set forth in the First Amended Petition filed in the Office of
the City Clerk on October 1', 2001, and that Sheet No. 411 of the Zone Map be
changed in this respect.
299
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35670-111901.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
asamended, and Sheet Nos. 321 and 322, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City; and dispensing with the second reading
of this ordinance.
WHEREAS, A. Victor Thomas, Dorothy L. Thomas, Annie B. Dudley and
TLC Properties, Inc., have made application to the Council of the City of Roanc,,,e to
have the hereinafter described property rezoned from LM, Light Manufacturing
District, to C-2, General Commercial District; and WHEREAS, the City Planning
Commission, which after giving proper notice to all concerned as required by §36.1-
693, Code of the City of Roanoke (1979), as amended, and after conducting a public
hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on November 19, 2001, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is c'.' the
opinion that the hereinafter described property should be rezoned as herein
provided.
300
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet Nos. 321 and 322 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
That tract of land lying and being in the City of Roanoke, Virginia,
known as Official Tax No. 3210101, Official Tax No. 3210105, Official Tax No.
3210114, Official Tax No. 3210115, Official Tax No. 3210116, Official Tax No. 3210117,
Official Tax No. 3210118, Official Tax No. 3210119, Official Tax No. 3221309, Official
Tax No. 3210110, Official Tax No. 3210111, Official Tax No. 3210112, Official Tax No.
3210113, Official Tax No. 3210106, Official Tax No. 3210107, Official Tax No. 3210108
and Official Tax No. 3210109, and that portion of Light Avenue (undeveloped) located
along Orange Avenue and lying between Official Tax No. 3210113 and Official Tax
No. 3221309 be, and is hereby rezoned from LM, Light Manufacturing District, to C-2,
General Commercial District, as set forth in the Petition filed in the Office of the City
Clerk on September 6, 2001, and that Sheet Nos. 321 and 322 of the Zone Map be
changed in this respect.
second reading of this ordinance by title is hereby dispensed with.
Pursuant to the provisions of Section 12 of the City Charter, the
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
APPROVED
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35671-111901.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 704, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City; and dispensing with the second reading of
this ordinance.
301
WHEREAS, the City of Roanoke has made application to the Council of
the City of Roanoke to have the hereinafter described property rezoned from LM,
Light Manufacturing District to RS-3. Residential Single Family District; and
· ' WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on November 19, 2001, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 704 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That certain tract of land on the northeast quadrant of the City, and
located on Vinyard Avenue, N. E., and designated on Sheet No. 704 of the Sectional
1976 Zone Map, City of Roanoke, as Official Tax No.7040601 through 7040606,
inclusive, be, and is hereby rezoned from LM, Light Manufacturing District, to RS-3,
Residential Single Family District, as set forth in the First Amended Petition filed in
the Office of the City Clerk on October 24, 2001, and that Sheet No. 704 of the Zone
Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
302
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
This 19th day of November, 2001.
No. 35672-111901.
AN ORDINANCE amending and reordaining §36.1-397, Permitted uses,
Subdivision H, INPUD, Institutional Planned Unit Development District, Division 5,
Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended, by the addition of a new
subsection (11) to allow manufacturing establishments as a permitted use in the
INPUD, Institutional Planned Unit Development District; and dispensing with the
second reading of the title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-397, Permitted uses, Subdivision H, INPUD,
Institutional Planned Unit Development District, Division 5, Special District
Regulations, Article III, District Regulations, Chapter 36.1, Zonin_~, of the Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
Sec. 36.1-397. Permitted Uses.
The following uses shall be permitted in the INPUD district:
(11)
Manufacturing establishments primarily engaged in the
manufacture, assembly, mixing, processing or other processes
related to the creation of products, where all such
manufacturing, assembly, processing or other processes related
to the creation of new products are wholly enclosed in a
building.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
303
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35673-111901.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for conveyance for nominal consideration to Western Virginia
Foundation for the Arts and Sciences that property owned by the City, bearing
Official Tax No. 4010205, containing 0.858 acre, located between Norfolk and Salem
Avenues and west of Market Street, upon certain terms and conditions; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1~ The City Manager and the City Clerk, are authorized, for and on
behalf of the City, to execute and attest, respectively, the necessary documents
providing for the conveyance for nominal consideration of City-owned pro~)erty
bearing Official Tax No. 4010205, containing 0.858 acre, located between Norfolk and
Salem Avenues and west of Market Street to Western Virginia Foundation for the
Arts and Sciences, upon certain terms and conditions as more particularly set forth
in the City Manager's letter dated November 19, 2001.
2. All documents required by this transaction shall be in form
approved by the City Attorney.
3. Pursuant to §12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
Mary F. Parker t Ralph K. Smith
City Clerk Mayor
304
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of November, 2001.
No. 35674-111901.
A RESOLUTION requesting the 2002 Session of the General Assembly
to amend various sections of the existing Roanoke Charter of 1952 in order to
modernize it, remove certain provisions and language therefrom and to provide in
general for more efficient and effective legislative processes and municipal
operations in the City.
WHEREAS, pursuant to the provisions of §15.2-202, Code of Viry,nia
(1950), as amended, at least ten days' notice and an informative summary of the
amendments desired has been published in a newspaper of general circulation in
the City, of the time and place of a public hearing for citizens to be heard to
determine if they desire that City Council request the 2002 Session of the General
Assembly to amend the existing Roanoke Charter of 1952; and
WHEREAS, the required public hearing was conducted on November 19,
2001; and
WHEREAS, after considering the matter and the comments made during
the public hearing, Council desires to request the General Assembly to amend its
existing Roanoke Charter of 1952, in the manner advertised.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Council hereby requests that the 2002 Session of the General
Assembly amend various sections of the Roanoke Charter of 1952, in the manner
advertised.
2. The City Clerk is directed to send two attested copies of this
resolution, a copy of the requested amendments to the Roanoke Charter of 1952, a
publisher's affidavit showing that the public hearing on this request was advertised,
and ;~ certified copy of Council's minutes showing the action taken at the advertised
3q5
public hearing to the Honorable John S. Edwards, Member, Senate of Virginia, the
Honorable A. Victor Thomas, Member, House of Delegates, and the Honorable
Clifton A. Woodrum, III, Member, House of Delegates, with the request that they
introduce a bill in the 2002 Session of the General Assembly to amend the Roanoke
Charter of 1952.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
306 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of December, 2001.
No. 35675-120301.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA, AS APPLICABLE ELECTED REPRESENTATIVE APPROVING, FOR
PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, THE
ISSUANCE OF $12,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, THE PROCEEDS OF WHICH ARE TO BE GRANTED BYTHE
CITY TO THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FOR THE
PURPOSE OF ASSISTING SUCH AUTHORITY IN PAYING A PORTION OF THE COSTS
OF A REDEVELOPMENT PROJECT KNOWN AS THE SOUTH JEFFERSON
REDEVELOPMENT AREA PROJECT
BE IT RESOLVED by the Council of the City of Roanoke as follows:
SECTION 1. Findings and Determinations. The City Council (the
"Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines
as follows:
(a) On March 19, 2001, the Council adopted Resolution No. 35248-
031901 approving the Redevelopment Plan, dated February 5, 2001 (the
"Redevelopment Plan"), prepared by the Roanoke Redevelopment and Housing
Authority (the "Authority") for a redevelopment project (the "Project") for an area
known as the South Jefferson Redevelopment Area (the "Project Area").
(b) On April 16, 2001, the Council adopted Resolution No. 35393-
041601 authorizing the issuance of $12,000,000 principal amount of City of Roanoke,
Virginia, General Obligation Public Improvement Bonds (the "Bonds"), the proceeds
of which are to be donated by the City to the Authority for the purpose of assisting
the Authority in paying a portion of the costs of the Project.
(c) Subsequent to the adoption of Resolution No. 35293-041601 on
April 16, 2001, it has been determined that the Bonds will be issued as "qualified
redevelopment bonds" pursuant to the provisions of Section 144(c) of the Internal
Revenue Code of 1986 (the "Code") and the Treasury Regulations promulgated
thereunder.
(d) Under the provisions of the Code, in particular Section 147(f) of
the Code, the issuance of the Bonds as qualified redevelopment bonds must be
approved by an "applicable elected representative" of the City after a public hearing
following reasonable public notice.
307
(e) In accordance with the provisions of Section 147(f) of the Code
and the Treasury Regulations promulgated thereunder, a notice of public hearing
was published in "The Roanoke Times" on November 19, 2001 giving notice that a
public hearing on the proposed issuance of the Bonds would be held by the Council
on December 3, 2001 at 2:00 P.M., local time, in the Council Chamber, Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
(f) The public hearing on the proposed issuance of the Bonds has
been held by the Council at the time and place set forth in the notice of public
hearing referred to in subsection (e), immediately prior to the adoption of this
resolution.
(g) The Council as an "applicable elected representative" of the City
desires to approve the issuance of the Bonds for purposes of Section 147(f) of the
Code.
SECTION 2. Ratification of Approval and Adoption of Redevelopment
Plan and Designation of Project Area as a "Designated Blighted Area". In
accordance with the provisions of Section 144(c) of the Code, the Council hereby
ratifies its approval and adoption of the Redevelopment Plan and hereby designates
the Project Area as a "designated blighted area" of the City.
SECTION 3. Approval of Issuance of Bonds by Council as an
"Applicable Elected Representative" of the City. In accordance with the provisions
of Section 147(f) of the Code, the Council as an "applicable elected representative"
of the City hereby approves the issuance of the Bonds.
SECTION 4. Effectiveness of Resolution. This resolution shall take
effect upon its adoption.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
308 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2001.
No. 35676-120301.
A RESOLUTION accepting the bid of Innovative Arena Products, Inc.,
for the purchase and installation of an ice floor covering for the Roanoke Civic
Center; and rejecting all other bids made to the City.
BE IT RESOLVED by this Council of the City of Roanoke that:
1. The bid submitted by Innovative Arena Products, Inc., for the
purchase and installation of an ice floor covering for the Roanoke Civic Center at a
total cost of $100,966, which bid is on file in the Purchasing Division, is hereby
ACCEPTED, as set forth in the City Manager's letter to Council dated December 3,
2001.
2. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase order therefor, incorporating
into said order the City's specifications, the terms of said bidder's proposal and the
terms and provisions of this resolution.
3. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to notify each
such bidder and to express to each the City's appreciation for such bid.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
309
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2001.
No. 35677-120301.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the,same are hereby, amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges
Curb, Gutter, and Sidewalk Phase VI (1) .................
Capital Improvement Reserve
Public Improvement Bonds Series 1999 (2) ...............
1) Appropriated from
Bond Funds -
Series 1999
2) Streets and Sidewalks
(008-530-9510-9001)
(008-052-9709-9191)
$ 28,087,433.00
1,009,963.00
(1,988,911.00)
3,752,331.00
APPROVED
Ralph K. Smith
Mayor
Mary F. Parker
City Clerk
ATTEST:
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
509,963.00
(509,963.00)
310 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of December, 2001.
No. 35678-120301.
AN ORDINANCE accepting the bid of H. & S. Construction Company for
the installation of approximately 25,000 square feet of sidewalk, 15,000 linear feet of
curt) and 10,000 square feet of entrances on various streets within the City in
connection with the New Concrete Sidewalks, Entrances and Curb - Phase VI
Project, upon certain terms and conditions and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of H. & S. Construction Company, in the amount of
$719,775.00 for the installation of approximately 25,000 square feet of sidewalk,
15,000 linear feet of curb and 10,000 square feet of entrances on various streets
within the City in connection with the New Concrete Sidewalks, Entrances and
Curb - Phase VI Project, as is more particularly set forth in the City Manager's Letter
dated December 3, 2001, to this Council, such bid being in full compliance with the
City's plans and specifications made therefor and as provided in the contract
documents offered the bidder, which bid is on file in the Purchasing Department, be
and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
311
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary'F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2001.
No. 35679-120301.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
General Government $ 17,439,034.00
Greater Gainsboro Parking Garage Construction (1) .......... 5,924,574.00
Parks, Recreation and Cultural
Railside Linear Walk - Phase 2 (2-3) ........................
Railside Linear Walk - Phase 4 (4) .........................
Railside Linear Walk - Phase 5 (5-7) ........................
11,678,723.00
1,572,507.00
356,666.00
915,969.00
312 -
Revenues
Due from State (8) .......................................
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Appropriated from
Bond Funds
Series 1996
4) Appropriated from
General Revenue
5) Appropriated from
General Revenue
6) Appropriated from
State Grant
Funds - ISTEA
7) Appropriated from
Bond Funds
Series 1996
(008-052-9573-9003)
(104,386.00)
(008-052-9717-9003)
(85,071.00)
(008-052-9717-9088)
(63,836.00)
(008-052-9730~003)
(15,700.00)
(008-530-9759~003)
205,157.00
(008-530~759-9007)
300,000.00
(008-530~759-9088)
63,836.00
8) Railside Linear Walk
Phase 5 - ISTEA (008-1351)
300,000.00
$ 300,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
313
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of December, 2001.
No. 35680-120301.
AN ORDINANCE accepting the bid of Breakell, Inc. for the construction
of an elevated walkway in front of Warehouse Row between First Street and Second
Street in connection with the Railside Linear Walk - Phase V Project, upon certain
terms and conditions and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Breakell, Inc. in the amount of $645,969.00 for the
construction of an elevated walkway in front of Warehouse Row between First Street
and Second Street in connection with the Railside Linear Walk - Phase V Project, as
is more particularly set forth in the City Manager's Letter dated December 3, 2001,
to this Council, such bid being in full compliance with the City's plans and
specifications made therefor and as provided in the contract documents offered the
bidder, which bid is on file in the Purchasing Department, be and is hereby
ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
314 -
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2001.
No. 35681-120301.
AN ORDINANCE authorizing the City Manager to execute any necessary
documents or agreements in connection with the Street Lighting Agreement
between the City and Appalachian Power Company, d/b/a American Electric Power
(AEP), dated July 1, 1995, in order for AEP to provide the appropriate street lights
and associated electrical work for Phase V of the Railside Linear Walk Project; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute any necessary
documents or agreements, in a form approved by the City Attorney, in connection
with the Street Lighting Agreement between the City and AEP dated July 1, 1995, in
order for AEP to provide the appropriate street lights and associated electrical work
for Phase V of the Railside Linear Walk Project, in an amount not to exceed
$200,000, as is more fully set forth in the City Manager's letter to this Council dated
December 3, 2001.
315
2. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of December, 2001.
No. 35682-120301.
A RESOLUTION rejecting all bids for the purchase of a new telephone
system for the City of Roanoke and designating the procurement method known as
competitive negotiation, rather than the procurement method known as competitive
sealed bidding, to be used in procuring the telephone system.
WHEREAS, the City desires to reject all bids and to procure a new
telephone system by a method known as competitive negotiation rather than
competitive sealed bidding.
BE IT RESOLVED by this Council of the City of Roanoke that:
1. Due to considerable technological advances and non-compliance
with procurement procedures by the City's consultant, any and all bids made to the
City for the aforesaid procurement are hereby REJECTED, and the City Clerk is
directed to notify each such bidder and to express to each the City's appreciation
for such bid.
2. City Council directs that the procurement method known as
competitive negotiation shall be used to procure the City's new telephone system.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
316
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of December, 2001.
No. 35683-120301.
A RESOLUTION naming The Reverend Edward T. Burton Citizen of the
Year 2001 for the City of Roanoke.
WHEREAS, Reverend Burton, a native of Richmond, Virginia, received
his Bachelor of Arts and Master of Divinity degrees from Virginia Union University
in Richmond, his Doctor of Ministry degree from Luther Rice Seminary in
Jacksonville, Florida, and his Honorable Doctor of Divinity degree from Viroinia
Seminary and College in Lynchburg.
WHEREAS, Reverend Burton has demonstrated a heartfelt interest in
higher education and for the advancement of minorities in the Roanoke Valley and
has helped resolve controversial neighborhood and community issues by working
hand-in-hand with City government and its Police Department.
WHEREAS, Reverend Burton has been the pastor for Sweet Union
Baptist Church for approximately 42 years, where he has shown exemplary
dedication in ministering and caring for the needs of each member of his 450-
member congregation.
WHEREAS, Reverend Burton currently serves as chaplain for Roanoke
Fire and Emergency Medical Services.
317
WHEREAS, Reverend Burton is a member of the Board of Managers of
Virginia Seminary and College, former president of the Virginia Baptist State
Convention, past president of the Valley Ministers' Conference and Baptist Pastors'
Conference of Roanoke, past moderator of Valley Baptist Association, and is a life
member of the National Association for the Advancement of Colored People.
WHEREAS, Reverend Burton received the Leadership in DiversityAward
from the United Way in 2000, and the Distinguished Service Award from the Roanoke
Jaycees.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Reverend Edward T. Burton be named Citizen of the Year for
the year 2001 in the City of Roanoke, Virginia.
2. The City Clerk is directed to transmit an attested copy of this
resolution to The Reverend Edward T. Burton.
APPROVED
~~Ralph K Smith
City Clerk Mayor
318 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35684-121701.
A RESOLUTION paying tribute to R. Matthew Kennell upon his
resignation as President of Downtown Roanoke, Inc., effective December 21, 2001,
and expressing to him the appreciation of this City and its people for his exemplary
service.
WHEREAS, Mr. Kennell has served as President of Downtown Roanoke,
Inc. since May 1994; and
WHEREAS, under Mr. Kennell's leadership, Roanoke City Farmer's
Market (managed by Downtown Roanoke, Inc.) was named as one of the 63 best
places in the United States; and
WHEREAS, during his tenure as President of Downtown Roanoke~ Inc.,
completed and implemented the majority of recommendations in the Outlook
Roanoke Master Plan, including the revitalization of abandoned railroad properties
adjacent to the Hotel Roanoke and Conference Center; and
WHEREAS, Mr. Kennell helped to form a partnership between the
Roanoke Foundation for Downtown and the Roanoke Redevelopment and Housing
Authority, which led to the creation of 87 market-rate apartments in the former GOB
South Building; and
WHEREAS, Mr. Kennell's leadership encouraged the growth of
downtown residential development from 15 units in 1994 to 150 by 2002; and
WHEREAS, Mr. Kennell helped to organize the Destination Education
initiative, which led to the concept and funding of the Roanoke Higher Education
Center; and
WHEREAS, Mr. Kennell co-chaired the Roanoke Renaissance effort to
revitalize Roanoke's inner city neighborhoods; and
WHEREAS, Mr. Kennell reorganized Roanoke Foundation for Downtown,
Inc., from a Mounted Patrol support group to a real estate entity, which took
ownership and transferred properties for redevelopment including the Higher
Education Center, Eight Jefferson Place apartments units, the Gainsboro Parking
Garage, and the Roanoke Passenger Station; and
319
WHEREAS, Mr. Kennell co-founded the Roanoke Regional Coalition for
Economic Development, which now includes the Roanoke Regional Chamber, the
Salem-Roanoke County Chamber, the Roanoke Valley-Allegheny Regional
Commission, the Roanoke Valley Economic Development Partnership, and the
Roanoke Valley Convention and Visitors Bureau; and
WHEREAS, under Mr. Kennell's leadership, Dickens of a Christmas has
been named one of the top 20 events in the Southeast for the past four years in a
row.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council adopts this means of recognizing and commending the
years of service rendered to the City of Roanoke and its people as President of
Downtown Roanoke, Inc., by R. Matthew Kennell.
2. The City Clerk is directed to transmit an attested copy of this
resolution to R. Matthew Kennell.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35685-121701.
A RESOLUTION recognizing Bobby Firebaugh, E.V. Gillespie, and
Ralph Hoskins for their assistance to Roanoke police officers in the apprehension
of a criminal.
WHEREAS, on September 14, 2001, Mr. Firebaugh, Mr. Gillespie and
Mr. Hoskins witnessed a bank robbery at the First Union Bank in the 4200 block of
Melrose Avenue, N.W.; and
320 -
WHEREAS, Mr. Firebaugh, Mr. Gillespie and Mr. Hoskins observed the
robber get into a station wagon parked near the bank, followed the car to a nearby
residential street and called the police; and
WHEREAS, police responded to this information, located the suspect's
car in the 4000 block of Virginia Avenue, N.W., and arrested him; and
WHEREAS, the assistance of Mr. Firebaugh, Mr. Gillespie and
Mr. Hoskins enabled police to make a quick arrest on a case that could have gone
unsolved.
THEREFORE, BE IT RESOLVED by Council of the City of Roanoke as
follows:
1. City Council adopts this resolution as a means of recognizing and
commending Mr. Firebaugh, Mr. Gillespie and Mr. Hoskins for their courage and
efforts above and beyond their duty as citizens.
2. The City Clerk is directed to transmit attested copies of this
resolution to Messrs. Firebaugh, Gillespie and Hoskins.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
321
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35686-121701.
A RESOLUTION recognizing John J. Eichenberger and for his
assistance to Roanoke police officers in the apprehension of a criminal.
WHEREAS, on November 8, 2001, a man entered the pharmacy area at
the back of the CVS Pharmacy at 1327 Grandin Road, S.W., with a shirt over his face,
carrying a crowbar, and demanded drugs from the pharmacist; and
WHEREAS, Mr. Eichenberger, a customer in the store, was able to
remove the crowbar from the robber's hand and restrain him with package-sealing
tape from the store; and
WHEREAS, police responded to the incident, arrested the man, and
charged him with attempted robbery, assault, and wearing a mask in public; and
WHEREAS, the bravery of Mr. Eichenberger prevented a crime from
occurring.
THEREFORE, BE IT RESOLVED by Council of the City of Roanoke as
follows:
1. City Council adopts this resolution as a means of recognizing and
commending Mr. Eichenberger for his courage and efforts above and beyond his
duty as a citizen.
2. The City Clerk is directed to transmit an attested copy of this
resolution to Mr. John J. Eichenberger.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
322 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35687-121701.
A RESOLUTION approving the Fire-EMS Department Strategic Business
Plan.
BE IT RESOLVED by the Council of the City of Roanoke that Council
approves, in concept, the Fire-EMS Department Strategic Business Plan with the
three phase construction program as more fully set forth in the City Manager's letter
to Council dated December 17, 2001.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35688-121701.
A RESOLUTION readopting the Emergency Operations Plan for the City
of Roanoke.
WHEREAS, this Council is greatly concerned with the health, safety and
well-being of its citizens and desires that the best possible emergency services be
available to them;
WHEREAS, the Commonwealth of Virginia Emergency Services and
Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia (1950), as
amended, requires that each city and county in the Commonwealth maintain an
Emergency Operations Plan which addresses its planned response to emerc~ncy
situations;
323
WHEREAS, such an Emergency Operations Plan was developed by City
staff in coordination with the then Virginia Department of Emergency Services, and
City Council, by Resolution No. 33174-110496, authorized the adoption of the
Emergency Operations Plan;
WHEREAS, the Emergency Operations Plan has been revised and
updated and the Commonwealth of Virginia Department of Emergency Management
requires the readoption of Emergency Operations Plans every five years;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that this Council does hereby readopt the Emergency Operations Plan for the City
of Roanoke in accordance with the recommendation contained in the City Manager's
letter to Council dated December 17, 2001.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2001.
No. 35689-121701.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Grant Fund Appropriations, and providing for an emergency
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
324
Appropriations
Health and Welfare
Temporary Assistance for Needy Families (TANF) Hard-to-Serve
Project (1) ............................................
$ 3,280,729.00
473,411.00
Revenues
Health and Welfare
Temporary Assistance for Needy Families (TANF) Hard-to-Serve
Project (2) ............................................
3,280,729.00
473,411.00
1) Fees for Professional
Services
(035~30-8850~010)
$ 473,411.00
2) State Grant Receipts
(035~30-8850~850)
473,411.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35690-121701.
A RESOLUTION authorizing acceptance of a grant award under the
Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project from the
Virginia Department of Social Services, for the purpose of providing job search, job
coaching and job retention services for eligible TANF recipients who must obtain
employment, and authorizing execution of any and all necessary documents to
comply with the terms and conditions of the grant.
325
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award under the Temporary Assistance for Needy
Families (TANF) Hard-to-Service Project from the Virginia Department of Social
Services, for the purpose of providing job search, job coaching and job retention
services for hard-to-serve TANF recipients, in the amount of $473,411.00, as set forth
in the City Manager's letter to Council dated December 17, 2001, is hereby
ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to
execute any and all requisite documents pertaining to the City's acceptance of these
funds and to furnish such additional information as may be required in connection
with the City's acceptance of these grant funds. All documents shall be approved
by the City Attorney.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
~~ph K Smith Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35692-121701.
A RESOLUTION accepting the bid of Tennant Sales and Service
Company, for the purchase of one street sweeper, upon certain terms and
conditions; and rejecting all other bids made for such items.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bid submitted by Tennant Sales and Service Company, to
furnish one new street sweeper at a total cost of $109,750.00, is hereby ACCEPTED.
2. The City's Manager of Supply Management is hereby authorized
to issue the requisite purchase order for the purchase of such equipment, and the
City Manager is authorized to execute, for and on behalf of the City, any required
purchase agreement with respect to the aforesaid equipment, such purchase
agreement to be in form approved by the City Attorney.
326
3. Any and all other bids made to the City for the aforesaid items are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
~~~, Ralph K. Smith
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35693-121701.
AN ORDINANCE amending and reordaining §20-8, Closing streets to
traffic, of Chapter 20, Motor Vehicles and Traffic, and §24-89, Reservation of space
or facilities for use by groups at particular time, of Chapter 24, Public Buildings and
ProDerty; repealing §24-93, Permit for parades and assemblies, of Chapter 24, Public
Buildings and Pro_~erty: repealing Article V, Permit for Parades or Assemblies on
Street or Sidewalks, of Chapter 30, Streets and Sidewalks, of the Code of the City of
Roanoke (1979), as amended; and adding new Article 5.1, to be entitled Permit for
Public Assemblies, of Chapter 30, Streets and Si;Jewalks, of the Code of the City of
Roanoke (1979), as amended, to provide for standards of a permit system for public
assemblies on public streets, sidewalks and on public property; dispensing with the
second reading of this ordinance; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 20-8, Closing streets to traffic, of Chapter 20, Motor
Vehicles and Traffic, and §24-89, Reservation of space or facilities for use by cjroups
at particular time, of Chapter 24, Public Buildincjs and Pro_~erty, of the Code of the
City of Roanoke (1979), as amended, are hereby amended to read and provide as
follows:
327
Sec. 20-8. Closing streets to traffic.
The city manager may, in any case of fire, disaster or other public
emergency, or of construction or reconstruction of any street or
thoroughfare, or other circumstances requiring the need to protect the
health, safety or welfare of the general public, temporarily close any
street or other public thoroughfare to vehicular or pedestrian tra, i"ic.
Sec. 24-89. Reservation of space or facilities for use by groups at
particular time.
(a) Any person desiring to have any space or facility in any public park
reserved for use by a particular group of persons during a particular
time shall secure written permission from the Director of Parks and
Recreation Department.
(b) In addition to the requirements of subsection (a) above, no person
shall organize, conduct, or participate in any public assembly, as that
term is defined in Article 5.1 of Chapter 30, of the City Code, unless a
public assembly permit authorizing such activity has been issu~.J by
the Director of Public Works, or the designee of that person. All
provisions of Article 5.1 of Chapter 30, of the City Code, are hereby
incorporated as a part of this section to the same extent as if set out
herein.
2. Section 24-93, Permit for parades and assemblies, of Chapter 24,
Public Buildings and Property, and Article V, Permit for Parades or Assemblies on
Street or Sidewalks, of Chapter 30, Streets and Sidewalks, of the Code of the City of
Roanoke (1979), as amended, are hereby REPEALED.
3. Chapter 30, Streets and Sidewalks., of the Code of the City of
Roanoke (1979), as amended, is hereby amended by the addition of new Article 5.1,
to read and provide as follows:
Article 5.1. Permit for Public Assemblies.
Sec. 30-101. Goals and objectives.
(a) The Council of the City of Roanoke hereby finds and declares the
following to be the goals and objectives of this Article:
328
(1) to allow the safe and reasonably unrestricted flow of
pedestrian traffic on sidewalks and vehicular traffic in the streets
and alleys;
(2) to ensure the safe and orderly use of the public parks and
other public property;
(3) to protect and preserve the sanctity of each citizen in his
home; and
(4) to protect and preserve the safety of the general public.
(b) The provisions of this Article shall be administered and construed
in such a manner so as to encourage and permit the free, opep and
non-violent exchange and expression of ideas and opinions, as much
as possible, while still achieving the goals and objectives set forth
above.
Sec. 30-102. Definitions.
(a) Applicant - The person who completes an application for a permit.
(b) Application for Permit - A form provided by the Director, the
completion of which is necessary for obtaining a permit.
(c) Director - The Director of Public Works, or the designee of that
person.
(d) Notice - The notification to an applicant of any decision made
pursuant to this Article. Notice may be by first-class mail to the
applicant's address as set forth in the application, orally in person to
the applicant, by telephone to any person believed by the Director, or
the City Manager in the event of an appeal, to be the applicant, or to any
telephone answering machine believed by the Director, or the City
Manager in the event of an appeal, to be accessible by the applicant, or
by any combination of the means set forth herein. Notice shall be
effective, and shall be deemed given to the applicant, on the date it is
sent, given or otherwise transmitted or communicated to the applicant,
not the date on which it is received by the applicant.
(e) Permit - Permit issued by the city, through the Director, or the
City Manager in the event of an appeal, allowing a public assembly.
329
(f) Permittee - The person or persons, association, partnership,
corporation or other entity or group in whose favor a permit is sought
or obtained, or persons belonging to such association, partnership,
corporation, or other entity or group.
(g) Public Assembly - Any cohesive group of people, animals or
vehicles, or combination thereof, upon any sidewalk, street, alley or
other portion of the public right-of-way, or within a public park, or on
any public property which is outdoors in the City of Roanoke and which
group does not comply with normal vehicular or pedestrian traffic,
regulations or controls, or normal usage of the sidewalk, street, alley
or other portion of the.public right-of-way, or park or public property.
Such group includes any gathering, demonstration or march,
procession, running race, walk, block party, bicycle race, ceremony,
show, exhibition, festival or similar event.
(h) Terms - The terms of a permit shall consist of the information
provided by an applicant or otherwise stated in an application.
Sec. 30-103. Permit required.
(a) No person may conduct a public assembly in or upon any public
street, sidewalk, alley or other portion of the public right-of-way, or in
any public park or on any public property, or knowingly participate in
any such assembly, without a permit, or being subject to a permit,
issued by the Director, except in accordance with the terms and
conditions of this Article. Any person, group or entity, who is not
otherwise required to obtain a permit may not parade, march, gather or
otherwise engage in an activity which will unduly disrupt either
pedestrian or vehicular traffic, the movement of fire-fighting equipment
from a station or en route to a fire, or police protection or ambulance
service to the area of the activity, or which will interfere with a public
assembly for which a permit has been issued.
(b) No permit may be issued without an applicant submitting a
completed application for a permit to the Director.
(c) Any completed application for a permit shall be filed with the
Director not less than ten (10) business days before the proposed date
of the public assembly. The Director shall have the authority to
consider any completed application under this Article which is filed
less than ten (10) days before the proposed date of the public
assembly, giving due consideration to the urgency of the application
330
and the need to protect the general health, safety and welfare.
(d) The Director shall obtain information relating to the date, time and
location or route of the commencement and termination of a proposed
public assembly, as well as any other information relevant to the
Director to protect the general health, safety and welfare of the public.
(e) Upon receipt of a completed application for a permit, the Director
shall issue a permit, unless the Director finds that:
(1)
The assembly will unduly disrupt either pedestrian or
vehicular traffic;
(2)
The assembly will unduly interfere with the movement of
fire-fighting equipment from a station or en route to a fire;
(3)
The concentration of persons, animals or vehicles, or any
combination thereof, will unduly interfere with proper fire
and police protection of, or ambulance service to, areas
contiguous to a public assembly area or route;
(4)
The assembly will interfere with another assembly for
which a permit has been issued; or
(s)
The assembly will violate the conditions of a permit as
established by the City Manager.
(f) Any permit issued pursuant to this article is subject to all other
applicable laws, ordinances, codes and regulations.
(g) The requirement of a permit shall not apply to:
(1)
A public assembly of fewer than one hundred (100) people
in a public park or on public property which is not a public
street, alley or sidewalk, and which does not involve the
placement of a booth, stage or other temporary structure
either within the public parks or on public property;
(2)
A public assembly consisting of five (5) or fewer people on
a public sidewalk which does not impede the ordinary flow
of pedestrians on a sidewalk;
(3) A funeral procession;
(4) Recreational activities, including jogging or walking;
331
(s)
the United States army, navy, air force, or coast guard,
the military forces of the state, and the police or fire
department of the city.
(h) A permit may be issued, though not required under the terms of
this Article, if a person or entity applies for such permit.
Section 30-104. Approval or denial of application for permit.
(a) The Director shall approve or deny a completed application for a
permit, and give notice to the applicant of the decision, as soon as
possible upon receipt, but in no case any more than five (5) business
days after receipt of the completed application which has been signed
on behalf of all applicable City departments. The time limitation in this
subparagraph may be extended to a date certain upon written request
of an applicant.
(b) In the event the Director denies an application for a permit, the
Director shall state, in writing, the specific reason(s) for denial of the
application, and, if possible, recommend specific changes to the
application which, if made and accepted by the applicant, would be
acceptable to the Director, give notice to the applicant of the decision,
and advise the applicant of his right to appeal the decision to the City
Manager within ten (10) business days of the date of the notice.
Sec. 30-105. Appeal procedure.
(a) Upon denial by the Director of an application for a permit, the
Director shall give notice to the applicant of the decision pertaining to
the application, and the applicant may appeal from the determination
of the Director within ten (10) business days of the date notice is given
to the applicant.
(b) Appeal shall be made to the City Manager by filing a written Notice
of Appeal with the City Clerk.
(1) The Notice of Appeal shall set forth each portion of the
decision rendered by the Director from which the applicant
appeals.
(2) The Notice of Appeal and application shall be reviewed by
the City Manager, and the City Manager shall approve or denythe
application on appeal as soon as possible, but in no cas~ any
332
more than five (5) business days of the filing of the Notice of
Appeal. At the option of the City Manager, such review may
occur in the presence of the applicant. The time limitation in this
subparagraph may be extended to a definite date upon written
request of the applicant.
(c) In the event the City Manager denies an application for a permit,
the City Manager shall state, in writing, the specific reason(s) for denial
of the application, and, if possible, recommend specific changes to the
application which, if made and accepted by the applicant, would be
acceptable to the City Manager, and give notice to the applicant of the
decision. If such recommended specific changes are acceptable to the
applicant, the applicant must accept the changes to the application, in
writing, within five (5) business days of notice given to the applicant of
the City Manager's decision.
(d) In the event the City Manager approves an application for a permit,
the City Manager shall give notice to the applicant of the decision
pertaining to the application.
Sec. 30-106. Revocation of a permit.
(a) Any permit may be revoked by the Director for the following
reasons:
(1) When by reason of disaster, public calamity, riot or other
emergency, either before or during a public assembly, the Chief
of Police determines that the safety of the general public or
property requires such revocation;
(2) The applicant violates any term or condition of the permit,
any ordinance of the City, or any law of the Commonwealth of
Virginia, or any law of the United States, while conducting, or
participating in, the public assembly; or
(3) The Director determines that information given by the
applicant in an application for permit was incorrect when given
or becomes incorrect, and that such information is relevant to
the goals and objectives in Section 30-101 of the Code of the City
of Roanoke (1979), as amended, and could form the basis for a
denial.
(b) Oral notice of such revocation shall be given as soon as
possible, but in no event later than forty-eight (48) hours from the date
on which the Director determines that such revocation is required.
333
Written notice of such revocation shall be given within five (5) business
days of the date on which the Director determines that revocation is
required, and such written notice shall set forth the reason or reasons
for such revocation and shall be sent by first-class mail to the
applicant's address as set forth in the application.
(c) Upon revocation by the Director, the applicant may appeal from
the determination of the Director within ten (10) business days of the
date notice is given to the applicant. Appeal should be made to the City
Manager by filing a written notice of appeal with the City Clerk, and the
appeal shall be heard as if filed under Section 30-105 of this Article.
Sec. 30-107. Authority of City Manaqer to promulgate conditions.
The City Manager shall be authorized to promulgate conditions for all
public assembly permits which shall not be inconsistent with the terms
of this article or the guarantees of the Constitution of Virginia or the
Constitution of the United States. Violation of any condition of a permit
shall be a violation of this section.
Sec. 30-108. Authority to arrest.
A permit shall not affect the authority of any law-enforcement officer to
arrest a person engaged in any acts or activities for which the p~rmit
was granted, if the conduct of such person violates any state or federal
law, code or statute, or any ordinance of the City of Roanoke, or
otherwise causes a breach of the peace.
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
5. This ordinance shall be in full force and effect January 1, 2002.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
334 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35694-121701.
A RESOLUTION naming a new park in the Washington Park
neighborhood as Brown-Robertson Park.
WHEREAS, the Washington Park Alliance for Neighborhoods has
requested that the new park on Shadeland Avenue, N.W., be
named Brown Robertson Park, in order to honor Dorothy Brown and Hazel
Robertson, both individuals who were active in the Shadeland community, and
whose lives were lost in the flood of 1985;
WHEREAS, the Planning Commission's guidelines for naming public
facilities indicate that names with a historical basis are appropriate; and
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council concurs in the Planning Commission's
recommendation that the name of the new park in the Washington Park
neighborhood on Shadeland Avenue, N. W., be named Brown-Robertson Park.
2. The City Manager is requested to cause the naming of this new
park to be noted with the installation of appropriate signs to indicate
that Brown-Robertson Park is the name of the new park on Shadeland Avenue, N. W.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
335
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2001.
No. 35695-1217010.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 School and School Capital Projects Funds Appropriations, and providing
for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School and School Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
SchoolFund
Appropriations
Education
Chess Program (1-2) ....................................
Bio-Medical Career Lab 2001-02 (3-5) ......................
129,232,800.00
15,000.00
42,500.00
Revenues
Education
Chess Program (6) .....................................
Bio-Medical Career Lab 2001-02 (7) ........................
129,690,676.00
15,000.00
42,500.00
School Capital Projects Fund
Appropriations
Education
Fairview Elementary School Improvements (8) ...............
Fishburn Park Elementary School Improvements (9) ...........
20,297,900.00
2,607,598.00
2,355,514.00
Revenues
Education
Literary Fund Loan - Fairview Elementary (10) ...............
15,507,336.00
2,514,848.00
336 -
Literary Fund Loan - Fishburn Park Elementary (11) ........... $ 2,353,264.00
1) Maintenance Service
Contracts (030-062-6608-6102-0332)
$ 3,000.00
2) Conventions/
Education
(030-062-6608-6102-0554)
12,000.00
3) Other Professional
Services
(030-065-6609-6102-0313)
3,000.00
4) Educational and
Recreational
Supplies
(030-065-6609-6102-0614)
2,000.00
5) Additional -Machinery
and Equipment (030-065-6609-6102-0821)
37,500.00
6) Fees (030-062-6608-1103) 15,000.00
7) Fees (030-062-6609-1103) 42,500.00
8) Appropriated from
Literary Fund Loan (031-060-6056-6896-9006)
22,715.00
9) Appropriated from
Literary Fund Loan (031-060-6057-6896-9006)
26,960.00
10) Literary Fund Loan -
Fairview (031-060-6056-1248)
22,715.00
11) Literary Fund Loan -
Fishburn Park (031-060-6057-1249)
26,960.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
337
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35696-121701.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 513, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance.
WHEREAS, Vaughn & Jamison, LLC, has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned
from RS-l, Residential Single-Family District to CN, Neighborhood Commercial
District (1.117 acres), and RPUD, Residential Planned Unit Development Di.~trict
(2.948 acres), subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on December 17, 2001, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No.513 of the Sectional 1976 Zone Map, City of Roanoke, be amended in
the following particular and no other:
That three tracts of land located at the intersection of Route 419 and
Keagy Road, S.W., and designated on Sheet No. 513 of the Sectional 1976 Zone Map,
City of Roanoke, as Official Tax Nos. 5130119, 5130121 and 5130122, be, and are
hereby rezoned from RS-l, Residential Single Family District, to CN, Neighborhood
338
Commercial District (1.117 acres) and RPUD, Residential Planned Unit Development
District (2.948 acres), subject to the proffers contained in the Amended Petition filed
in the Office of the City Clerk on November 12, 2001, and that Sheet No. 513 of the
Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001·
No. 35697-121701.
AN ORDINANCE authorizing the City Manager to execute a deed
providing for the conveyance of City-owned property located at 4037 Vermont
Avenue, N.W., and identified as Official Tax No. 2760603, upon certain terms and
conditions, and dispensing with the second reading of this ordinance·
WHEREAS, a public hearing was held on December 17, 2001, pursuant
to §§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 conveyance.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The City Manager is*authorized to execute, on behalf of the City of
Roanoke, in form approved by the City Attorney, the necessary documents
conveying property commonly known as 4037 Vermont Avenue, N.W., and identified
as Official Tax No. 2760603, to Paul L. Honaker, in accordance with the terms stated
in the City Manager's letter to this Council dated December 17, 2001.
* 339
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2001.
No. 35698-121701.
AN ORDINANCE authorizing the City Manager to execute a lease
agreement between the City of Roanoke and Carilion Medical Center for the lease of
parking spaces at Victory Stadium, and dispensing with the second reading of this
ordinance.
WHEREAS, a public hearing was held on December 17, 2001, pumuant
to §§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 conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, a lease agreement with
Carilion Medical Center the lease of a minimum of 200 and a maximum of 300
parking spaces at Victory Stadium per month, at a rate of $8.00 per parking space,
for a two year period beginning January 1,2002, as more particularly set forth in the
City Manager's letter to Council dated December 17, 2001.
340
2. Pursuant to the provisions of Section 12 of the City Charteh the
second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
341
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of January, 2002.
No. 35699-010702.
A RESOLUTION designating the procurement method known as
competitive negotiation, rather than the procurement method known as competitive
sealed bidding, to be used for the procurement of a ticket service provider to provide
computerized ticketing and related services for the City's Civic Facilities; and
documenting the basis for this determination.
WHEREAS, the City seeks to obtain proposals from various ticket
service providers to provide computerized ticketing and related services for the
City's Civic Facilities; and
WHEREAS, this Council finds that use of the procurement method of
competitive negotiation for such services will allow for consideration of appropriate
factors, which may include, but not be limited to such factors as experience,
qualifications, the cost of such services, references, the type of computer hardware
and software to be used, the ticketing outlet network, the telephone sales network,
credit card capability, equipment installation, maintenance and repair, employee
training, customer responsiveness, accounting procedures, and the ability to
provide the services required by the City, all of which are important to a
determination of which provider the City should use to provide such services; and
WHEREAS, City Council is of the opinion that such services should be
procured by competitive negotiation rather than competitive sealed bidding. ,.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Pursuant to §23.1-4(e), Code of the City of Roanoke, (1979), as
amended, this Council finds that the procurement method known as competitive
sealed bidding is not practicable and/or is not fiscally advantageous to the public,
for the reasons set forth above, for obtaining a ticket service provider to provide
computerized ticketing and related services for the City's Civic Facilities.
2. City Council directs that the procurement method known as
competitive negotiation for other than professional services shall be used for the
procurement of proposals for obtaining an agreement with a ticket service provider
to provide computerized ticketing and related services for the City's Civic Facilities,
all as more fully set forth in the City Manager's letter to this Council d~ted
January 7, 2002.
342
3. This Resolution documents the basis for City Council's
determination.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of January, 2002.
No. 35700-010702.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development $ 5,216,277.00
Derelict Structures Fund Grant FY02 (1-2) .................. 100,000.00
Revenues
Community Development
Derelict Structures Fund Grant FY02 (3) ...................
1) Warehouse Row
Renovation (035-610-5252-5325) $ 50,000.00
5,216,277.00
100,000.00
343
2) Gilmer Neighborhood
Renovation
3) Derelict Structures
Fund Grants
(035-610-5252-5326) $
(035-610-5252-5252)
50,000.00
100,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of January, 2002.
No. 35701-010702.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development
Urban Design and Master Services (1) ....................
General Government
Environmental Issues - PWSC (2) ........................
$ 5,528,143.00
75,000.00
15,310,230.00
2,015,816.00
344
1) Appropriated from
General Revenue
(008-610-9903-9003) $ 75,000.00
2) Appropriated from
General Revenue
(008-052-9670-9003)
(75,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of January, 2002.
No. 35702-010702.
AN ORDINANCE amending and reordaining §22.1-49. Optional
spousal allowance, of Chapter 22. Pensions and Retirement, of the Code of the
City of Roanoke (1979), as amended, for the purpose of allowing restoration,
under certain terms and conditions, of a retired member's allowance to an
amount that would have been paid to the member had no spousal allowance
been elected, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED bythe Council of the City of Roanoke as follows:
1. Section 22.1-49, Optional spousal allowance, of Chapter 22,
Pensions and Retirement, of the Code of the City of Roanoke (1979), as
amended, is hereby amended to provide for restoration, under certain terms
and conditions, of a member's allowance to the amount which would have
been paid to the member had no spousal allowance been elected, and shall
read and provide as follows:
345
§22.1-49. Optional spousal allowance.
(a) Until the effective date of retirement, any member may elect
to convert the retirement allowance otherwise payable to him into
an optional spousal allowance of equivalent actuarial value in
accordance with one (1) of the optional forms set out below. If an
optional spousal allowance is selected and the spouse dies before
the member, the member's pension allowance shall, as of the first
day of the next month after the death of the member's spouse, be
increased by an amount equal to the amount by which the pension
allowance was reduced at the date of retirement by virtue of the
member's election of a spousal allowance. The member's spouse,
if any, shall be required to sign the election form designated by
the board, when the member applies for retirement. A spouse
must be married to the member at retirement and one (1) year
prior to death of the member or retired member to be eligible for
a spousal allowance. The spousal allowance shall continue until
the death of the spouse. A member's election of an optional
spousal allowance shall be irrevocable, except as permitted
below. A spousal benefit shall be reduced by any workers'
compensation benefit as provided for in section 22.1-9. The
optional forms are as follows:
Option 1: A reduced retirement allowance payable during the life
of the retired member, with the provisions that upon his death his
reduced retirement allowance shall be continued and paid to his
spouse as he shall have nominated by written designation duly
acknowledgeable and filed with the board at the time of his
retirement; or
Option 2: A reduced retirement allowance payable during the life
of the retired member, with the provision that upon his death
three-quarters of his reduced retirement allowance shall be
continued and paid to his spouse as he shall have nominated by
written designation duly acknowledged and filed with the board at
the time of his retirement; or
346
Option 3: A reduced retirement allowance payable during the life
of the retired member, with the provision that upon his death
one.half of his reduced retirement allowance shall be continued
and paid to his spouse as he shall have nominated by written
designation duly acknowledged and filed with the board at the
time of his retirement.
The actuarial factors used to convert as an optional form of
payment are as follows:
[TABLE NOT SET OUT HEREIN]
Should such member die within thirty (30) days after retirement,
his optional election shall not be effective, he shall be considered
a member in service at the time of his death, and the only benefit
payable on his account shall be the nonoccupational death benefit
provided in section 22.1-50 reduced by any retirement allowance
payments received by him prior to his death.
(b) A retired member who has elected an option described in this
section may, in a manner prescribed by the Board, revoke such
election and elect to receive from the time of notification the
retirement allowance to which he would have been entitled had no
option been elected initially and no cost of livinq increases been
.cl_ ranted in the interim, if (1) the ori~linal survivor has died or (2) a
final decree of divorce of the retired member from the original
surviyor has been entered which releases both the member and
the City Plan from any liability to or obli~lation of the City Plan to
make any payments to the original survivor.
2. Pursuant to §12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
· mith
Mayor
347
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of January, 2002.
No. 35703-010702.
AN ORDINANCE to amend and reordain certain sections of the 2001-
2002 General and Risk Management Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Risk Management F~tnds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) ..........................
$ 71,646,871.00
71,079,166.00
Fund Balance
Reserved Fund Balance
Reserve for Self-Insured Claims (2) .....................
Risk Mana~lement Fund
8,949,214.00
'0'
Revenues
Nonoperating
Transfers from Other Funds (3) ........................
615,000.00
250,000.00
Retained Earninqs
Reserve for Self-Insured Claims (4) .....................
4,943,534.00
1) Transfer to Risk
Management Fund
(001-250-9310-9529)
$ 250,000.00
348
2) Reserve for
Self-Insured Claims (001-3327)
$ (250,000.00)
3) Transfer from
General Fund
(019-110-1234-1037)
250,000.00
4) Reserve for
Self-Insured Claims (019-3327)
250,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of January, 2002.
No. 35704-010702.
A RESOLUTION authorizing execution of an Amendment of Lease
Documents with respect to the Escrow Agreement, dated January 15, 2001,
entered into in connection with an Equipment Lease Purchase Agreement,
under the same date, between Suntrust Leasing Corporation and the City of
Roanoke, providing for the acquisition and installation of certain equipment
by the City; such Amendment providing for the extension of the disbursement
date in the EscrOw Agreement from January 14, 2002, to July 14, 2002.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized, for and on behalf of
the City, to execute an Amendment of Lease Documents amending the Escrow
Agreement, dated January 15, 2001, between Suntrust Leasing Corporation
and the City of Roanoke, in order to extend the disbursement date in the
349
Escrow Agreement and all other related documents from January 14, 2002, to
July 14, 2002, all as more particularly set out in the City Manager's and
Director of Finance's letter to Council dated January 7, 2002.
2. The Lease Purchase Agreement and Escrow Agreement dated
January 15, 2001, shall remain in full force and effect except to the extent of
any inconsistency with the Amendment authorized by this resolution.
3. Such Amendment shall be in such form as is approved by
the City Attorney.
APPROVED
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of January, 2002.
No. 35705-010702.
A RESOLUTION endorsing Architectural Design Guidelines for the H-l,
Historic District, and the H-2, Neighborhood Preservation District.
WHEREAS, on August 10, 1995, the Architectural Review Board for the
City of Roanoke ("ARB") adopted the Architectural Design Guidelines for the H-2,
Neighborhood Preservation District ("H-2 Guidelines");
"" WHEREAS, the ARB amended the H-2 Guidelines to incorporate certain
guidelines for retaining walls;
WHEREAS, the ARB has considered the Architectural Design Guidelines
for the H-l, Historic District ("H-1 Guidelines"), when applications for work in the
H-l, Historic District, are filed;
350
WHEREAS, the H-1 Guidelines and the H-2 Guidelines, as amended, are
guidelines and are not mandatory; and ~,'
WHEREAS, the ARB has requested that City Council endorse the H-1
Guidelines and the H-2 Guidelines, as amended.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that this Council hereby endorses the Architectural Design Guidelines for
the H-l, Historic District, and the Architectural Design Guidelines for the H-2,
Neighborhood Preservation District, as amended, to the extent that the H-1
Guidelines and H-2 Guidelines, as amended, are not inconsistent with either the
authority granted to the City of Roanoke by the General Assembly, any law of the
Commonwealth of Virginia, or any provision in the Code of the City of Roanoke
(1979), as amended.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of January, 2002.
No. 35706-010702.
A RESOLUTION electing and appointing Jesse A. Hall as Director
of Finance for the City of Roanoke, and ratifying the terms and conditions of
employment as offered to Mr. Hall.
WHEREAS, the City Council desires to elect and appoint
Jesse A. Hall as Director of Finance pursuant to the Roanoke Charter of 1952;
and
WHEREAS, Jesse A. Hall has agreed to accept election and
appointment as Director of Finance;
351
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Jesse A. Hall is hereby elected and appointed as Director of
Finance of the City of Roanoke effective midnight January 31,2002, or as soon
thereafter as Mr. Hall can assume such position, for a term which shall expire
September 30, 2002.
2. The terms and conditions of Mr. Hall's election and
appointment as Director of Finance shall be as hereinafter set forth:
(a) The annual salary shall be $104,750.00;
(b) The City shall annually pay on behalf of Mr. Hall the sum of
$8,000 to the International City Management Association-
Retirement Corporation (ICMA-RC) for Mr. Hall's participation in
the ICMA-RC Retirement Plan, and the City shall execute any
necessary agreements to provide for such payment. During the
first year of employment, such amount shall be prorated.
(c) Recognizing that the job requirements of Director of Finance
routinely require incurring of travel related expenses in the course
of City business, a bi-weekly salary increment of $76.92 shall be
provided for use by Mr. Hall of a privately-owned or leased
automobile in the conduct of official City business;
(d) In lieu of the City putting into force on Mr. Hall's behalf a
disability insurance policy, the additional sum of $2,500 has been
included in Mr. Hall's salary as set forth above.
(e) The City shall reimburse Mr. Hall for moving expenses in the
amount of $1,500.00; and
(f) With respect to benefits and terms and condition~ of
employment not enumerated in this resolution, Mr. Hall shall be
accorded such benefits and shall be subject to such terms and
conditions on the same basis as other similarly situated
employees of the City.
352
3. Mr. Hall will make arrangements to qualify for office by taking
the required Oath of Office as soon as practicable.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of January, 2002.
No. 35707-010702.
A RESOLUTION appointing a Director of the Industrial Development
Authority of the City of Roanoke, to fill the remaining portion of a four (4) year term
on its Board of Directors.
WHEREAS, the Council is advised that Thomas Pettigrew, a Director of
the Industrial Development Authority of the City of Roanoke, Virginia, resigned
effective September 4, 2001, and the vacancy has not been filled; and
WHEREAS, §15.2-4904, of the Code of Virginia (1950), as amended,
provides that appointments made by the governing body of such Directors shall,
after initial appointment, be made for terms of four (4) years except appointments to
fill vacancies which shall be for the unexpired terms.
353
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Charles Hunter is hereby appointed as a Director on the Board of Directors of
the Industrial Development Authority of the City of Roanoke, Virginia, to fill the
remaining portion of the unexpired term of Thomas Pettigrew which commenced on
February 5, 2001, and will expire on October 20, 2004.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
354
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35691-012202.
AN ORDINANCE authorizing the City Manager's acceptance of a
donation to the City of Roanoke of a parcel of land identified as Official Tax
No. 3070318, and expressing appreciation to Calvin W. and Mary C. Powers and
Theodore J. and Judy P. Sutton for the donation.
WHEREAS, the City of Roanoke is desirous of acquiring certain property
as a site for a multipurpose Stadium/Amphitheater facility and Calvin W. and
Mary C. Powers and Theodore J. and Judy P. Sutton have offered to transfer certain
property, as a gift to the City of Roanoke.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager is authorized to accept the gift of the parcel of
land identified as Official Tax No. 3070318 and to execute any documents necessary
for transfer of the property to the City.
2. The City's acceptance of the property bearing Official Tax
No. 3070318, from Calvin W. and Mary C. Powers and Theodore J. and
Judy P. Sutton, is subject to the City being able to obtain a satisfactory environment
assessment of the property.
3. This Council expresses its appreciation to Calvin C. and
Mary W. Powers and Theodore J. and Judy P. Sutton for their generous donation of
this property.
4. The City Clerk is directed to send an attested copy of this
ordinance to Calvin C. and Mary W. Powers and Theodore J. and Judy P. Sutton.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
355
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35708-012202.
A RESOLUTION paying tribute to James D. Grisso, Director of Finance
for the City of Roanoke, and expressing to him the appreciation of this City and its
people for his exemplary public service.
WHEREAS, James D. Grisso has announced his retirement as Director
of Finance effective January 31, 2002;
WHEREAS, Mr. Grisso served as a Sergeant in the U.S. Air Force from
January 1964 to January 1968, including duty assignments in the United States,
Germany, and Vietnam; earned a Bachelor of Science degree in Business from
Virginia Polytechnic Institute in 1971; and is a Certified Public Accountant; and
WHEREAS, Mr. Grisso began his career with the City in 1974 as
Assistant Municipal Auditor for the Auditing Department; and
WHEREAS, Mr. Grisso served as Administrator of City Accounting
Services from June 1977 to August 1978; as Deputy Director of Finance from August
1978 to October 1992; and as Director of Finance and Pension Plan
Secretary-Treasurer from October 1992 to January 31, 2002; and
WHEREAS, Mr. Grisso was closely involved in coordinating the
agreement with Virginia Polytechnic Institute for the Hotel Roanoke Conference
Center Commission in the early 1990's, and in coordinating the financing to build the
Conference Center; and
WHEREAS, Mr. Grisso is the primary author of the City's current
pension plan, which he developed and implemented during the mid-1980's; and
WHEREAS, Mr. Grisso has been a member of several professional
organizations, including the American Institute of Certified Accountants, the Virginia
Society of Certified Public Accountants (Board of Directors and as
Secretary-Treasurer in 1983-1984), the Governmental Finance Officers Association
United States and Canada (Virginia State Representative in 1989-1990), and the
Virginia Governmental Finance Officers Association (Board of Directors in 1986 and
President in 1991-1992); and
WHEREAS, Mr. Grisso has faithfully served Roanoke and its citizens for
28 years.
356
as follows:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. City Council adopts this means of recognizing and commending
the many years of service rendered to the City of Roanoke and its people by
James D. Grisso.
2. The City Clerk is directed to transmit an attested copy of this
resolution to Mr. Grisso.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35709-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Transportation Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Transportation Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Operating
Norfolk Avenue Surface Lot (1) ............................
Gainsboro Surface Lot (2-4) ..............................
Gainsboro Parking Garage (3-14) .........................
$ 2,187,598.00
16,800.00
40,500.00
54,295.00
Revenues
Norfolk Avenue Surface Lot (15-16) .......................
Gainsboro Surface Lot (17-18) ...........................
Gainsboro Parking Garage (19-20) ........................
Retained Earnings
Retained Earnings Available for Appropriation (21) ..........
1) Fees for Professional
Services
2) Fees for Professional
Services
3) Electricity
(007-540-8210-2010) $ 16,800.00
(007-540-8211-2010)
(007-540-8211~022)
39,650.00
150.00
4) Maintenance-
Buildings (007-540-8211-2050) 700.00
5) Fees for Professional
Services
6) Telephone
7) Electricity
8) Water/Sewer
9) Expendable
Equipment
(007-540-8235-2010)
(007-540-8235-2020)
(007-540-8235-2022)
(007-540-8235-2026)
(007-540-8235-2035)
(007-540-8235~038)
10) Motor Fuel
for Generator
11) Maintenance -
Equipment (<$5,000) (007-540-8535-2048)
12) Maintenance -
Buildings
(007-540-8535-7050)
13) Risk Management (007-540-8535-7017)
25,612.00
1,554.00
12,000.00
150.00
500.00
75.00
500.00
9,000.00
3,4O4.OO
357
49,020.00
4,500.00
22,075.00
3,575.00
358
14) Building Maintenance
15) Revenues Monthly
16) Revenues Short Term
17) Lot Revenue Monthly
18) Lot Revenue Daily
19) Garage Revenue
Monthly
20) Garage Revenue
Daily/Weekly
21) Retained Earnings -
Available for
(007-540 -8535-7050)
(007-110-1234-0579)
(007-110-1234-0580)
(007-110-1234-0581)
(007-110-1234-0582)
1,500.00
21,420.00
27,6OO.0O
15,000.00
25,500.00
(007-110-1234-0577)
16,000.00
(007-110-1234-0578)
2,500.00
Appropriation (007-3348) 3,575.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
Ralph K. Smith
Mayor
Mary F. Parker
City Clerk
APPROVED
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35710-012202.
A RESOLUTION authorizing the City Manager to enter into an agreement
with the Greater Roanoke Transit Company for the lease of office space at the
Campbell Court Transportation Center, for use by the Roanoke City Department of
Technology, upon certain terms and conditions.
359
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and the City Clerk are authorized to execute and attest, respectively, in
form approved by the City Attorney, an appropriate lease agreement with the Greater
Roanoke Transit Company for the lease of 2,245 square feet of office space within
the Campbell Court Transportation Center located at 17-31 Campbell Avenue S.W.,
for use by the Roanoke City Department of Technology; said lease shall be for a
two-year term beginning February 1, 2002, and ending January 31, 2004, with an
option to renew for three additional one-year terms, at a cost of $16,5129.78 for the
first year and $23,572.50 for the second year, and upon the terms and conditions as
more particularly described in the City Manager's letter to this Council dated
January 22, 2002
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35711-012202.
AN ORDINANCE authorizing the acquisition of certain flood-prone
property located in Garden City from surplus local matching funds remaining after
closure of the Federal Emergency Management Agency's (FEMA) Hazard Mitigation
Program grant; upon certain terms and conditions; and dispensing with the second
reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute the necessary
documents, upon form approved by the City Attorney, to purchase the real property
located between Garden City Boulevard and Bandy Road S.E., and bearing Roanoke
City Tax Map No. 4260518, for a purchase price of $12,000.00 from surplus local
matching funds remaining after closure of the Federal Emergency Management
Agency's Hazard Mitigation Program grant and as more particularly stated in the
City Manager's January 22, 2002, letter to City Council.
360
2. Acceptance of this property is conditioned upon receiving a
satisfactory environmental assessment.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35712-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Works
Parks and Recreation (1-17) ............................
Streets and Traffic (18-34) .............................
24,852,040.00
3,695,708.00
3,667,764.00
1) Regular Employee
Salaries
(001-620-4340-1002)
$ (345,226.00)
2) Overtime Wages (001-620-4340-1003) ( 6,439.00)
3) Temporary Employee
Wages
4) City Retirement
5) ICMA Match
6) FICA
7) Hospitalization
Insurance
8) Dental Insurance
9) Life Insurance
10) Disability Insurance
11) Professional Service
Fees
12) Expendable
Equipment (<5,000)
13) Dues and
Memberships
14) Training and
Development
15) Maintenance -
Equipment
16) Wearing Apparel
17) Project Supplies -
Grounds
18) Regular Employee
Salaries
19) Overtime Wages
(001-620-4340-1004)
(001-620-4340-1105)
(001-620-4340-1116)
(001-620-4340-1120)
(001-620-4340-1125)
(001-620-4340-1126)
(001-620-4340-1130)
(001-620-4340-1131 )
(001-620-4340-2010)
(001-620-4340-2035)
(001-620-4340-2042)
(001-620-4340-2044)
(001-620-4340-2048)
( 001-620-4340-2064)
(001-620-4340-3002)
(001-530-4110-1002)
(001-530-4110-1003)
(56,080.00)
(22,027.00)
(7,200.00)
(31,743.00)
(32,130.00)
(2,573.00)
(2,762.00)
(1,243.00)
(16,041.00)
(1,255.00)
( 38.00)
(2,896.00)
(34,874.00)
(1,838.00)
(11,276.00)
345,226.00
6,439.00
361
362
20) Temporary Employee
Wages
21) City Retirement
22) ICMA Match
23) FICA
24) Hospitalization
Insurance
25) Dental Insurance
26) Life Insurance
27) Disability Insurance
28) Professional Service
Fees
29) Expendable
Equipment
(<5,000)
30) Dues and
Memberships
31) Training and
Development
32) Maintenance -
Equipment
33) Wearing Apparel
34) Project Supplies -
Grounds
(001-530-4110-1004)
(001-530-4110-1105)
(001-530-4110-1116)
(001-530-4110-1120)
(001-530-4110-1125)
(001-530-4110-1126)
(001-530-4110-1130)
(001-530-4110-1131)
(001-530-4110-2010)
(001-530-4110-2035)
(001-530-4110-2042)
(001-530-4110-2044)
(001-530-4110-2048)
(001-530-4110-2064)
(001-530-4110-3002)
56,080.00
22,027.00
7,200.00
31,743.00
32,130.00
2,573.00
2,762.00
1,243.00
16,041.00
1,255.00
38.00
2,896.00
34,874.00
1,838.00
11,276.00
363
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35713-012202.
AN ORDINANCE providing for the acquisition of certain property ~ights
needed by the City in connection with the Roanoke River Flood Reduction Project;
providing for the City's acquisition of such property by condemnation, under certain
circumstances; and dispensing with the second reading of this ordinance.
WHEREAS, the Roanoke River Flood Reduction Project (the "Project")
was approved by a voter referendum on April 11, 1989; and
WHEREAS, authorization to acquire property rights was previously
granted by this Council; and
WHEREAS, adjustments in the plans of the Project have created the
need for additional property rights not included in the previous Council
authorizations.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Ro=~oke
1. To provide for the completion of the Roanoke River Flood
Reduction Project, the City wants and needs certain real property rights on property
bearing Roanoke City Tax Map Nos. 4160407 through 4160414, inclusive, and
364
Roanoke City Tax Map Nos. 4340201 through 4340208, inclusive, as more particularly
set forth in the City Manager's letter and attachment thereto to this Council dated
January 22, 2002. The proper City officials are authorized to acquire this property
for such consideration as the City Manager may deem appropriate, subject to the
limitation set out below and subject to applicable statutory guidelines. All requisite
documents shall be upon form approved by the City Attorney.
2. A public necessity and use exists for the acquisition of said
property and immediate acquisition by purchase or condemnation is necessary and
expedient.
3. The City Manager is directed to offer on behalf of the City to offer
the owner of the property such consideration as she deems appropriate. Upon the
acceptance of an offer and upon delivery to the City of deeds, approved as to form
and execution by the City Attorney, the Director of Finance is directed to pay the
consideration to the owners of the interests conveyed, certified by the City Attorney
to be entitled to the same.
4. Should the City be unable to agree with the owners of the
properties to be acquired as to the compensation to be paid or other terms of
purchase or settlement, or should the owners be persons under disability lacking
capacity to convey said property rights or should the whereabouts of the owners be
unknown, the City Attorney, is authorized and directed to institute condemnation or
legal proceedings to acquire for the City the appropriate property rights.
5. In instituting or conducting any condemnation proceeding, the
City Attorney is authorized to make motion on behalf of the City for a right of entry
pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as
amended, for the purpose of commencing the project. The Director of Finance, upon
request of the City Attorney, shall be authorized and directed to draw and pay into
Court the appropriate sums in connection with such proceedings.
6. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
365
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35714-012202.
AN ORDINANCE amending and reordaining §36.1-640,
Appointment, membership, of Division 2, Architectural Review Board, of Article VII,
Administration., of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979),
as amended, in order to eliminate certain qualifications for members of the
Architectural Review Board, and dispensing with the second reading of this
ordinance by title.
WHEREAS, City Council finds that the public necessity, convenience,
general welfare and good zoning practices require the amendment of §36.1-640 of
the City Code by deleting certain requirements for appointment and membership of
the Architectural Review Board for the City of Roanoke.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Section 36.1-640, Appointment, membership, of Division 2,
Architectural Review Board, of Article VII, Administration, of Chapter 36.1, Zoninq,
of the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
§ 36.1-640. Appointment, membership.
There is hereby created an architectural review board consisting of
seven (7) members appointed by a majority vote of the city council.
Initially, one (1) member shall be appointed to serve a term ending
October 1, 1980, two (2) for a term ending October 1, 1981, two (2) for
a term ending October 1, 1982, and two (2) for a term ending
October 1, 1983. The council, at the time of initial appointment of the
board, shall designate the terms of the appointees after the expiration
of the initial term and appointment shall be for a four-year term. Any
vacancy on the board shall be filled in the same manner as the original
appointment for the unexpired term. Members of the board shall hold
no elected public office. At least two (2) members, but not more than
three (3), shall be registered architects. In making an appointment, City
Council shall consider the appointee's interest or competence in, or
knowledge of, historic preservation and the history of the City.
366
2. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35715-012202.
A RESOLUTION endorsing the inclusion of the Grandin Village as a
landmark on the Virginia Landmarks Register and the National Register of Historic
Places; and authorizing the City Manager to execute the appropriate documents to
include that area on the Virginia Landmarks Register and the National Register of
Historic Places.
WHEREAS, designation on the Virginia Landmarks Register and the
National Register of Historic Places provides many benefits, including economic
incentives and increased community pride;
WHEREAS, the City of Roanoke is applying to the Virginia Department
of Historic Resources for official designation of the Grandin Village as a landmark
on the Virginia Landmarks Register and the National Register of Historic places; and
WHEREAS, inclusion on the Virginia Landmarks Register and the
National Register of Historic Places would recognize the cultural and architectural
importance of the Grandin Village in the City of Roanoke's early history.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. This Council is of the opinion that the Grandin Village has
considerable cultural, architectural and historical significance and is worthy of
inclusion on the Virginia Landmarks Register and the National Register of Historic
Places;
367
2. This Council enthusiastically endorses inclusion of the Grandin
Village on the Virginia Landmarks Register and the National Register of Historic
Places; and
3. The City Manager is hereby authorized to execute on behalf of the
City of Roanoke any and all appropriate documents necessary for inclusion of the
Grandin Village on the Virginia Landmarks Register and the National Register of
Historic Places, as more particularly set forth in the letter to this Council dated
January 22, 2002.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35716-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Department of Technology and Grant Funds Appropriations, and
providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Department of Technology and Grant Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
Department of Technology
A_~_~ro_~riations
Capital Outlay
Contingency (1) ........................................
Nondepartmental Transfer (2) ............................
$ 11,417,024.00
56,860.00
41,350.00
368
Grant Fund
Appropriations
Public Safety
Criminal Justice Records System Improvement Grant (3-4) ....
Revenues
Public Safety
Criminal Justice Records System Improvement Grant (5-6) ....
1) Appropriated from
General Revenue (013-430-9866-9003)
2) Transfer to Grant Fund (013-430-9868-9535)
3) Appropriated from
General Revenue
4) Appropriated from
State Grant Fund
5) Local Match
6) State Grant Receipts
(035-640-3410-9003)
(035-640-3410-9007)
(03S-640-3410-3410)
(035-640-3410-3411)
$ (41,350.00)
41,350.00
41,350.00
124,050.00
41,350.00
124,050.00
$ 46,876,823.00
165,400.00
46,876,823.00
165,400.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Ralph K. Smith
Mayor
Mary F. Parker
City Clerk
369
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35717-012202.
A RESOLUTION authorizing the acceptance of a Criminal Justice
Records System Improvements Grant, Grant No. 02-A3869CR01, made to the City of
Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services
and authorizing the execution by the City Manager of the conditions of the grant and
other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the
Commonwealth of Virginia Department of Criminal Justice Services of the Criminal
Justice Records System Improvement Grant, No. 02-A3869CR01, in the amount of
$165,400.00 (including the required local cash match), such grant being more
particularly described in the letter from the City Manager dated January 22, 2002,
upon the terms, provisions and conditions relating to the receipt of the funds.
2. The local cash match shall be in the amount of $41,350.00.
3. The City Manager and the City Clerk are hereby authorized to
execute, seal and attest, respectively, all documents setting forth the conditions of
Grant No. 02-A3869CR01 and required to accept the grant.
4. The City Manager is further directed to furnish such additional
information as may be required by the Department of Criminal Justice Services in
connection with the acceptance of the foregoing grant or with such project.
APPROVED
ATTEST: i~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
370
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35718-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Water and Capital Projects Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Water and Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
Water Fund
Appropriations
Capital Outlay
Nondepartmental (1) .................................
Revenues
Colonial Avenue Property Sale (2) .......................
Capital Projects Fund
Appropriations
Economic Development
Innotech Expansion (3) ...............................
Traffic Engineering
Airport Road Traffic Signal (4-6)
Capital Improvement Reserve
Capital Improvement Reserve (7) ........................
Public Improvement Bonds Series 1999 (8-9) ..............
$ 2,289,193.00
375,000.00
375,000.00
24,215,125.00 -0.
5,560,921.00
1,524,261.00
(3,066,221.00)
401,500.00
3,307,279.00
Revenues
Trigon Insurance Land Sale (10) ...........................
Times World Corporation Land Sale (11) ..................
Transfer from Other Funds (12) ...........................
Fund Balance
Reserved Fund Balance - Undesignated Capital Funds from VDOT
Local Match Fund and Development Contributions (13) .....
1) Transfer to Capital
Projects Fund
(002-530-8405-9508)
$ 375,000.00
2) Colonial Avenue
Property Sale
(002-1291)
375,O0O.OO
3) Appropriated from
General Revenue
(008-052-9627-9003)
(131,068.00)
4) Appropriated from
Bond Funds
Series 1999
(008-052-9577-9001 )
360,052.00
5) Appropriated from
General Revenue
(008-052-9577-9003)
231,068.00
6) Appropriated from
Water Fund
(008-052-9577-9008)
375,000.00
7) Buildings and
Structures
(008-052-9575-9173)
(54,258.00)
8) Storm Drains
(008-052-9709-9176)
(134,552.00)
9) Economic
Development
(008-052-9709-9178)
(225,500.00)
10) Trigon Insurance
Land Sale
(008-1131)
100.00
371
$ 100.00
100.00
375,000.00
985.00
Times World
372
Corporation
Land Sale
12) Transfer from
Water Fund
13) Reserved Fund
Balance -
Capital Projects
Fund
(008-1349) $ 100.00
(008-110-1234-1035)
375,000.00
(008-3329) (45,542.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35719~12202.
AN ORDINANCE accepting the bid of Aaron J. Conner, General
Contractor, Inc., for improvements to and signalization of two intersections on
Airport Road, Municipal Road and Towne Square Boulevard, and installation of a
major storm drain in the same area, upon certain terms and conditions and awarding
a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
373
1. The bid of Aaron J. Conner, General Contractor, Inc., in the amount
of $997,261.40 for improvements to and signalization of two intersections on Airport
Road, Municipal Road and Towne Square Boulevard, and installation of a major
storm drain in the same area, as is more particularly set forth in the City Manager's
Letter dated January 22, 2002, to this Council, such bid being in full compliance with
the City's plans and specifications made therefor and as provided in the contract
documents offered the bidder, which bid is on file in the Purchasing Department, be
and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
374
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35720-012202.
A RESOLUTION accepting certain bids made to the City for providing
custodial/janitorial services at the Main Library and branches, Parks and Recreation
buildings, and the Market Square Walkway; authorizing the proper City officials to
execute the necessary contracts for the work; and rejecting all other bids made to
the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The following bids, made to the City, for providing
custodial/janitorial services at the Main Library and branches, Parks and Recreation
buildings, and the Market Square Walkway, meeting all the City's specifications and
requirements therefor, for an initial period of three (3) years with an option to renew
for two (2) additional one (1) year periods, for the amounts specified, which bids are
on file in the Office of Supply Management, are hereby ACCEPTED.
Location
Main Library and
branches
Successful Bidder
Alabama Cleaning Service & Supply Co.
Inc. d/b/a Southern Management
Annual Cost
$ 50,089.32
Parks & Recreation
buildings
Renu Inc 59,721.60
Market Square
Walkway
C & C Franchising, Inc.
d/b/a Jani- King of Richmond
12,792.00
2. The City Manager or her designee is hereby authorized and
directed to enter into contractual agreements with Alabama Cleaning Service &
Supply Co. Inc., dlbla Southern Management, Renu Inc, and C & C Franchising, Inc.
d/bla Jani- King of Richmond, for the work, in accordance with the bid
specifications, and as more particularly set forth in the City Manager's letter to this
Council dated January 22, 2002, said contracts to be in a form approved by the City
Attorney.
375
3. Any and all other bids made to the City are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the
City's appreciation for such bid.
ATTEST:
Mary F.
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35721-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Fleet Management Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Fleet Management Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $1,353,000.00
FY2002 Lease Purchase - Fleet (1) .......................... 82,993.00
FY2002 Capital Lease (2) .................................. ( 82,993.00)
376
1) Appropriated from
Capital Lease
Financing
(017-440-9852-9035) $
82,993.00
2) FY2002 Capital Lease (017-440-9853-9168)
(82,993.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F.
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35722-012202.
A RESOLUTION accepting certain bids for the purchase of a
cab/chassis and automated compaction body, upon certain terms and conditions,
and rejecting all other bids made for such equipment.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bids in writing of the following named bidders to furnish to
the City the items hereinafter set out and generally described, such items being
more particularly described in the City's specifications and any alternates and in
each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with
each item:
377
Quantity
Description
Successful
Bidder
Purchase Price
1 Cab/chassis Truck Enterprises Volvo, Inc. $ 82,993.00
1 Automated Mid-State Equipment 53,500.00
compaction Company, Inc.
body
2. The City's Manager of Purchasing is hereby authorized to issue
the requisite purchase orders therefore, incorporating into such orders the City's
specifications, the terms of such bidder's proposal and the terms and provisions of
this resolution.
3. Any and all other bids made to the City for the aforesaid
equipment are hereby REJECTED, and the City Clerk is directed to notify each such
bidder and to express to each the City's appreciation for such bid.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35723-012202.
A RESOLUTION declaring the City's intent to reimburse itself from the
proceeds advanced pursuant to a tax-exempt equipment lease purchase agreement
for certain moneys to be appropriated by the City for expenditures in connection
with the purchase of equipment for the City; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U.S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse itself
from the proceeds advanced pursuant to a tax-exempt equipment lease purchase
378
agreement in a principal amount of not to exceed $2,145,250 for certain moneys to
be appropriated by the City from time to time for expenditures in connection with the
purchase of equipment for the City (the "Equipment").
2. The Council hereby determines that the appropriation authorized
contemporaneously herewith is being made for a purpose for which the City is
authorized to contract with respect to, and contemplated to be reimbursed from the
proceeds of, tax-exempt obligations of the City. The maximum principal amount of
tax-exempt obligations expected to be contracted for by the City in connection with
the financing and purchase of the Equipment is an amount not to exceed
$2,145,250.00.
3. This is a declaration of official intent adopted pursuant to U.S.
Treasury Regulations, Section 1.150-2. This official intent is being made not.later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.
4. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, §2.2-3700 et seq., Code of Virginia, 1950.
adoption.
5. This Resolution shall be effective on and after the date of its
ATTEST:
Mary F. Parker
City Clerk
APPROVED
ith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35724-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Fleet Management Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
379
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2001-2002 Fleet Management Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay
FY2002 Lease Purchase - Fleet (1) .........................
FY2002 Capital Lease (2) .................................
$1,353,000.00
427,530.00
(427,530.00)
1) Appropriated from
Capital Lease
Financing
(017-440-9852-9035)
$ 427,530.00
2) FY2002 Capital Lease (017-440-9853-9168)
(427,530.OO)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35725-012202.
A RESOLUTION accepting certain bids for the purchase of refuse
cab/chassis and refuse rear loading bodies, upon certain terms and conditions, and
rejecting all other bids made for such equipment.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
380
1. The bids in writing of the following named bidders to furnish to
the City the items hereinafter set out and generally described, such items being
more particularly described in the City's specifications and any alternates and in
each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with
each item:
Quantity Description
Successful
Bidder
Purchase Price
3 Refuse rear Bilthuis & Associates, $112,869.00
loading bodies Inc., LLC
3 Refuse cab Cavalier Equipment 314,661.00
chassis Corporation
2. The City's Manager of Purchasing is hereby authorized to issue
any requisite purchase orders therefore, incorporating into such orders the City's
specifications, the terms of such bidder's proposal and the terms and provisions of
this resolution.
3. Any and all other bids made to the City for the aforesaid
equipment are hereby REJECTED, and the City Clerk is directed to notify each such
bidder and to express to each the City's appreciation for such bid.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35726-012202.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 School and School Capital Projects Funds Appropriations, and providing
for an emergency.
381
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School and School Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
School Fund
Appropriations
Education
Flow Through 2001-02 (1) ...............................
Technology Literacy Challenge Grant 2001-02 (2-5) ..........
129,403,206.00
857,539.00
57,700.00
Revenues
Education
Flow Through 2001-02 (6) ................................
Technology Literacy Challenge Grant 2001-02 (7) ............
127,859,082.00
857,539.00
57,700.00
School Capital Projects Fund
Appropriations
Education ..............................................
Fairview Elementary School Improvements (8) ...............
Fishburn Park Elementary School Improvements (9) ..........
20,449,895.00
2,650,517.00
2,414,915.00
Revenues
Education
Literary Fund Loan - Fairview Elementary (10) ................
Literary Fund Loan - Fishburn Park Elementary (11) ...........
20,449,895.00
2,557,767.00
2,412,665.00
1) Professional Health
Services
(030-062-6571-6553-0311)
$110,706.00
2) Maintenance
Contracts
(030-062-6834-6002-0332)
14,250.00
3) Inservice Workshops (030-062-6834-6002-0587) 14,606.00
382
4) Educational and
Recreational
Supplies
(030-062-6834-6002-0614)
$ 3,000.00
5) Additional -Machinery
and Equipment
(030-062-6834-6002-0821)
25,844.00
6) Federal Grant
Receipts
(030-062-6561-1102)
110,706.00
7) Federal Grant
Receipts
(030-062-6834-1102)
57,700.00
8) Appropriated from
Literary Loan/
VPSA Bond
(031-060-6056-6896-9006)
42,919.00
9) Appropriated from
.Literary Loan/
VPSA Bond
(031-060-6057-6896-9006)
59,401.00
10) VPSA Bonds -
Fairview
(031-060-6056-1268)
42,919.00
11) VPSA Bonds -
Fishburn Park
(031-060-6057-1269)
59,401.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
383
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35727-012202.
A RESOLUTION finding that the proposed location of the Roanoke
Academy of Math and Science at 1122 19th Street, N.W., is substantially in accord
with Vision 2001-2020, the City's Comprehensive Plan.
WHEREAS, Vision 2001-2020., the Comprehensive Plan for the City of
Roanoke, is recognized and used as the guide for the general development of the
City as a whole;
WHEREAS, the Planning Commission for the City of Roanoke, after
giving proper legal notice, and after conducting a public hearing on the matter, has
made its recommendation to City Council that the location of the proposed Roanoke
Academy of Math and Science at 1122 19th Street, N.W., in an area currently
occupied by a portion of Kennedy Park, is substantially in accord with Vision
2001-2020, the Comprehensive Plan for the City of Roanoke; and
WHEREAS, the proposed location of the Roanoke Academy of Math and
Science is described in the Planning Commission's letter dated January 22, 2002,
to this Council, and the attachments thereto;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that the proposed location of the Roanoke Academy of Math and Science
as set forth in the Planning Commission's report to this Council dated
January 22, 2002, is substantially in accord with Vision 2001-2020., the City's
Comprehensive Plan.
APPROVED
ATTEST:
Mary F.
City Clerk
Ralph K. Smith
Mayor
384
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35728-012202.
A RESOLUTION authorizing the Roanoke City School Board to use
approximately 8.5 acres of land on the corner of 19th Street and Andrews Road for
school use for the new Roanoke Academy of Mathematics and Science.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council concurs with the School Board's Resolution, dated
December 11,2001, that the public interest of the citizens of the City would be best
served by the construction of a public elementary school to serve the citizens upon
approximately 8.5 acres of land (Tax Map numbers 2340104, 2340110 and
approximately 3.2 acres of Tax Map number 2340121) at the corner of 19th Street and
Andrews Road.
2. The Roanoke City School Board is hereby authorized to use
approximately 8.5 acres of land at the corner of 19th Street and Andrews Road for
school use for the new Roanoke Academy of Mathematics and Science, provided the
School Board receives the required approval from the United States Department of
Interior for a land exchange with regard to approximately 3.2 acres previously
deeded to the City of Roanoke from the United States for park use. Use of the
approximately 8.5 acres of land for school purposes shall be effective on
April 1, 2002 or upon receipt of all necessary governmental approvals, whichever
occurs later.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
385
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35729-012202.
A RESOLUTION renaming Oak Park, located in the Wasena
Neighborhood, to Triangle Park.
WHEREAS, Wasena Neighborhood Forum members have researched
the history of Oak Park and have found no records which reflect why the park was
named Oak Park;
WHEREAS, Wasena residents have referred to the park as "the
Triangle" for years because of its shape;
WHEREAS, because the Wasena Neighborhood Forum uses the park
for functions, the Wasena Neighborhood Forum would like to have the park named
to reflect its common reference in the neighborhood;
WHEREAS, the Wasena Neighborhood Forum has requested that Oak
Park be renamed Triangle Park; and
WHEREAS, the Planning Commission at its meeting on
November 15, 2001, recommended changing the name of Oak Park to Triangle Park.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council concurs in the Planning Commiss!on's
recommendation that the name of Oak Park be changed to Triangle Park; and
2. The City Manager is requested to cause the renaming of this park
to be noted with the installation of appropriate signs to indicate that Oak Park is now
named Triangle Park; and
386
3. The City Engineer is directed to cause the change in the above
public park's name to be appropriately reflected and noted on all maps and plats
lodged in his care.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35730-012202.
AN ORDINANCE amending and reordaining §7-7, Buildincj code board
of appeals created; composition, eliminating the exception of appeals pursuant to
the BOCA National Property Maintenance Code from the jurisdiction of the building
code board of appeals, and repealing §7-8, Property maintenance code board of
appeals; created; composition, Article II, Buildin~l Code, Chapter 7, Buildincj
Regulations, of the Code of the City of Roanoke (1979), as amended; and dispensing
with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke:
1. Section 7-7, Buildincj code board of appeals created;
composition, Article II, Buildincj Code, Chapter 7, Buildincj Regulations, of the Code
of the City of Roanoke (1979), as amended, is hereby amended and reordained to
read and provide as follows:
§7-7. Building code board of appeals created;
composition.
Pursuant to the building code, there is hereby created
abuilding code board of appeals, which shall consist of
five (5) members and two (2) alternates who shall be
387
appointed by city council. The building code board of
appeals shall have jurisdiction to consider appeals
pursuant to the building code, as the same is amended
from time to time by the State Board of Housing and
Community Development.
2. Section 7-8, Property maintenance code board of appeals created;
composition, of Article II, Building Code, Chapter 7, Building Regulations, of the
Code of the City of Roanoke (1979), as amended, is hereby REPEALED.
3. Pursuant to the provisions of Section 12 of the City Charter~ the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35731-012202.
AN ORDINANCE authorizing a lease between the City of Roanoke and
Times World Corporation, for the lease of certain airspace over Second Street, S.W.,
to provide sufficient area and space for the construction of a crosswalk in
connection with the expansion of the facilities of the Roanoke Times, and an
easement for the location within the right-of-way of Second Street of support
columns for the crosswalk to be constructed, for a term of sixty (60) years; and
dispensing with the second reading of this ordinance.
WHEREAS, the City has, by advertisement published once a week for
two consecutive weeks in a paper of general circulation published in the City,
publicly invited bids for lease of certain air space over Second Street, S.W., a~d an
easement for support columns in the City for a term of sixty (60) years;
388
WHEREAS, one bid for the lease of such air space and easement for
support columns was received when bids were publicly opened at the Council
meeting held on January 22, 2002; and
WHEREAS, the bid of Times World Corporation to lease such air space
and easement for support columns for a term of sixty (60) years commencing on
February 1, 2002, or as soon as all legal requirements have been met and ending on
February 1,2062, for a one-time rental payment in the total amount of $8,500.00, and
upon other terms and conditions set out in the lease incorporated by reference in
the bid, was publicly opened at the Council meeting on January 22, 2002; and
WHEREAS, at such Council meeting, a public hearing was held at which
all persons were accorded a full and fair opportunity to comment with respect to the
proposed lease of such air rights and easement for support columns; and
WHEREAS, Council found the bid of Times World Corporation was the
highest and most responsive bid made to the City for such air space, and Council
is desirous of accepting this bid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. The Bid of Times World Corporation to lease certain airspace over
Second Street, S.W., and for an easement for support columns, in the City, such area
being more particularly described in the Bid of Times World Corporation, a copy of
which is on file in the Office of the City Clerk, for a term of sixty (60) years,
commencing on February 1, 2002, or as soon as all legal requirements have been
met, and ending on February 1,2062, for a one-time rental payment of $8,500.00, to
be paid prior to April 1, 2002, and upon certain terms and conditions set out in the
lease and incorporated by reference and the Bid of Times World Corporation is
hereby ACCEPTED.
2. The City Manager is hereby authorized, for and on behalf of the
City, to execute a written lease agreement between the City and Times World
Corporation for such airspace and easement for support columns, such lease to be
in form approved by the City Attorney.
389
3. The City Clerk is directed to forward an attested copy of this
ordinance to Times World Corporation.
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:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35732-012202.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance.
WHEREAS, Timothy Sarver, filed an application to the Council of the
City of Roanoke, Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public right-of-way described
hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to
all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on January 22, 2002, after due and timely notice thereof as required by
§30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties
in interest and citizens were afforded an opportunity to be heard on said application;
and
39O
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from permanently
vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
That certain alleyway running in an easterly direction from
27th Street, N.W., for a distance of approximately 53 feet,
more or less, and lying between parcels bearing Official
Tax Nos. 2410401 and 2410414
be, and is hereby permanently vacated, discontinued and closed, and that all right
and interest of the public in and to the same be, and hereby is, released insofar as
the Council of the City of Roanoke is empowered so to do with respect to the closed
portion of the right-of-way, reserving however, to the City of Roanoke and any utility
company, including, specifically, without limitation, providers to or for the public of
cable television, electricity, natural gas or telephone service, an easement for sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across said public right-of-way,
together with the right of ingress and egress for the maintenance or replacement of
such lines, mains or utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement
which impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public
right-of-way of any such municipal installation or other utility or facility by the owner
thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk of the
Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all
properties which would otherwise be landlocked by the requested closure, or
otherwise disposing of the land within the right-of-way to be vacated in a manner
consistent with law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of any and
all existing utilities that may be located within the right-of-way.
391
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
Petitioner, and the names of any other parties in interest who may so request, as
Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of
Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City
Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that
such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been
met within a period of six (6) months from the date of the adoption of this ordin~..nce,
then said ordinance shall be null and void with no further action by City Council
being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of§12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
392
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35733-012201.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish an enhancement project for the Roanoke River Greenway.
WHEREAS, in accordance with the Commonwealth Transportation
Board's construction allocation procedures, it is necessary that a request by
resolution be received from the local government in order that the Virginia
Department of Transportation program an enhancement project in the City of
Roanoke; and
WHEREAS, the Council of the City of Roanoke supports the
construction of 18 miles of the Roanoke River Greenway, a bicycle/pedestrian path
along the Roanoke River, with 7 miles in Salem and Roanoke County and 11 miles
in the City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project for the Roanoke River Greenway, said
project being more particularly described in the City Manager's letter dated
January 22, 2002, to City Council.
2. Pursuant to the Transportation Equity Act for the 21st Century,
the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for
planning and design, right-of-way acquisition, and construction of this project, and
that if the City subsequently elects to cancel this project, the City hereby agrees to
reimburse the Virginia Department of Transportation (the "Department") for the total
amount of the costs expended by the Department through the date the Department
is notified of such cancellation, all of which is set forth in the City Manager's letter
dated January 22, 2002, to City Council.
393
3. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest respectively, all necessary and appropriate
agreements with the Department providing for the programming of such project, said
agreements to be in such form as is approved by the City Attorney.
4. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35734-012202.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish an enhancement project for Roanoke Passenger Station Renovation
and O. Winston Link Museum.
WHEREAS, in accordance with the Commonwealth Transportation
Board's construction allocation procedures, it is necessary that a request by
resolution be received from the local government in order that the Virginia
Department of Transportation program an enhancement project in the City of
Roanoke;
WHEREAS, the Council of the City of Roanoke supports the Roanoke
Passenger Station Renovation and O. Winston Link Museum.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
394
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project for Roanoke Passenger Station Renovation
and O. Winston Link Museum., said project being more particularly described in the
City Manager's letter dated January 22, 2002, to City Council.
2. Pursuant to the Transportation Equity Act for the 21 st Century,
the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for
planning and design, right-of-way acquisition, and construction of this project, and
that if the City subsequently elects to cancel this project, the City hereby agrees to
reimburse the Virginia Department of Transportation (the "Department") for the total
amount of the costs expended by the Department through the date the Department
is notified of such cancellation, all of which is set forth in the City Manager's letter
dated January 22, 2002, to City Council.
3. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest respectively, all necessary and appropriate
agreements with the Department providing for the programming of such project, said
agreements to be in such form as is approved by the City Attorney.
4. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35735-012202.
AN ORDINANCE authorizing the extension of an existing lease bet~veen
the City of Roanoke and the General Services Administration of the United States of
America for the lease of certain space in the Commonwealth Building, located at 210
Church Avenue, S.W., for a period of one year, authorizing the City Manager to
execute the requisite lease extension agreement, and dispensing with the second
reading of this ordinance.
395
WHEREAS, by Ordinance No. 27529, dated May 6, 1985, City Council
authorized the appropriate City officials to enter into a lease agreement, dated
July15, 1985, between the United States of America, through the General Services
Administration, for space in the Commonwealth Building; and
WHEREAS, the General Services Administration of the United States of
America is interested in extending the current lease of this space, which expires
January 31, 2002, for one year, upon the same terms as the current lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and City Clerk are hereby authorized to execute
and attest, respectively, on behalf of the City, in form approved by the City Attorney,
an lease extension agreement for lease of certain space of City-owned property,
known as the Commonwealth Building, upon the same terms as the current lease,
at $6.50 per square foot plus $3.93 per square foot for operating costs (increased
annually based on consumer price index) with an annual rent amount of $129,549.50,
as more particularly stated in the City Manager's letter to City Council dated
January 22, 2002.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2002.
No. 35736-012202.
A RESOLUTION AUTHORIZING THE ISSUANCE OF EIGHT HUNDRED
THIRTY THOUSAND DOLLARS ($830,000) PRINCIPAL AMOUNT OF GENERAL
OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE PURPOSE
OF PROVIDING FUNDS TO PAY A PORTION OF THE COSTS OF A PUBLIC
396
IMPROVEMENT PROJECT OF AND FOR SUCH CITY, CONSISTING OF THE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF A STADIUM/AMPHITHEATER;
FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH
BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE
PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL
STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF~ND
THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE
CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR
THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN
ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; OTHERWISE
PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH
BONDS AND NOTES; AND AMENDING RESOLUTION NO. 35636-110501 TO PROVIDE
FOR THE SALE OF THE BONDS AUTHORIZED FOR ISSUANCE HEREUNDER
TOGETHER WITH BONDS AUTHORIZED FOR SALE PURSUANT TO SUCH
RESOLUTION NO. 35636-110501
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt
and to authorize the issuance of $830,000 principal amount of general obligations
of the City, in the form of General Obligation Public Improvement Bonds of the City,
for the purpose of providing funds to pay a portion of the costs of a public
improvement project of and for the City, consisting of the acquisition, construction
and equipping a Stadium/Amphitheater and to authorize the issuance of a like
principal amount of General Obligation Public Improvement Bond Anticipation Notes
in anticipation of the issuance of such Bonds; and
WHEREAS, the Council desires to amend Resolution No. 35636-110501
adopted by the Council on November 5, 2001 to authorize the sale of the Bonds
authorized for issuance hereunder together with Bonds authorized for sale pursuant
to such Resolution No. 35636- 110501;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of
Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of
providing funds to pay a portion of the costs of a public improvement project of and
for the City, consisting of the acquisition, construction and equipping of a
Stadium/Amphitheater, the City is authorized to contract a debt and to issue Eight
Hundred Thirty Thousand Dollars ($830,000) principal amount of general obligation
bonds of the City to be designated and known as the "City of Roanoke, Virginia,
General Obligation Public Improvement Bonds" (referred to herein as the "Bonds").
397
(b) The Bonds shall be issued and sold in their entirety at one time,
or from time to time in part in series, as shall be determined by the Director of
Finance. There 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 from No. R-1 upwards in order of issuance. The
Bonds shall bear interest from their date payable on such date and semiannually
thereafter as shall be approved by subsequent resolution of this Council. The Bonds
of each series shall be issued in such aggregate principal amounts (not exceeding
the aggregate principal amount specified in Section l(a)); and shall mature on such
dates and in such years (but in no event exceeding forty (40) years from their date
or dates), and in the principal amount in each such year, as shall be approved by
subsequent resolution of this Council. Interest on the Bonds shall be calculated on
the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty
(30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be
subject to redemption at the option of the City prior to their stated maturities, in
whole or in part from time to time on any date, in such order as may be determined
by the City (except that if at any time less than all 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 the principal amount of the
Bonds to be redeemed), together with the interest accrued thereon to the date fixed
for the redemption thereof, as shall be approved by subsequent resolution of this
Council.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption
thereof, specifying the date, number and maturity of such Bond, the date and place
or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of such Bond is to be
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equali~:g in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption.
If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest
thereon shall cease to accrue from and after the date so specified for the redemption
thereof.
398
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, 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 2. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and premium, if any,
and interest on the Bonds as the same become due. In each year while the Bonds,
or any of them, are outstanding and unpaid, the Council 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 property within
the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the
City, by the manual or facsimile signatures of the Mayor and City Treasurer and shall
have a facsimile of the corporate seal of the City imprinted thereon, attested by the
manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a
Registrar and Paying Agent for the Bonds.
(c) The Director of Finance shall direct the Registrar to authenticate
the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually
executed by an authorized signatory of the Registrar. Upon the authentication of any
Bonds the Registrar shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior
to the first interest payment date, the certificate shall be dated as of the date of the
initial issuance and delivery of the Bonds of the series of Bonds of which such Bond
is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) if a Bond is authenticated after
the fifteenth (15th) day of the calendar month next preceding an interest payment
date and prior to such interest payment date, the certificate shall be dated as of such
interest payment date; and (iv) in all other instances the certificate shall be dated as
of the interest payment date next preceding the date upon which the Bond is
authenticated. In the event the Bonds of any series shall be dated as of a date other
than the first day of a calendar month or the dates on which interest is payable on
such series are other than the first days of calendar months, the provisions of this
Section 3(c) with regard to the authentication of such Bonds and of Section 8 with
regard to the form of such Bonds shall be modified as the Director of Finance shall
determine to be necessary or appropriate.
399
(d) The execution and authentication of the Bonds in the manner set
forth above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and premium, if any, 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 4.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause to be 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 trar, sfer,
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 or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized attorney, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written instrument of transfer duly
executed by the registered owner in person or by his duly authorized attorney, in
form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be
made without expense to the registered owners of such Bonds, except as otherwise
herein provided, and except that the Registrar for such series of Bonds shall require
the payment by the registered owner of the Bond requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect
to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall
be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name
of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such
4OO
Bond will be immobilized in the custody of DTC. DTC will act as securities
depository for the Bonds. Individual purchases will be made in book-entry form
only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest in the
Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds
will be made bythe Registrar to DTC or its nominee, Cede & Co., as registered owner
of the Bonds, which will in turn remit such payments to the DTC participants for
subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal,
premium, if any, 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 5. (a) CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or.any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with
the name of the attorney or attorneys rendering the same, together with a
certification of the City Clerk, executed by a facsimile signature of that officer, to the
effect that such copy is a true and complete copy (except for letterhead and date) of
the legal opinion which was dated as of the date of delivery of and payment for the
Bonds, may be printed on the Bonds.
401
SECTION 6. In the case of Bonds issued hereunder the interest on
which is contemplated to be excluded from gross income for purposes of federal
income taxation, the City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 7. (a) The Bonds shall be sold at competitive sale, together
with Bonds authorized for sale pursuant to Resolution No. 35636-110501, as
amended by Section 11 of this Resolution, on such date or dates and at such price
or prices as shall be determined by the Director of Finance. The Director of Finance
is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale
of the Bonds and to cause such Summary Notice of Sale to be published in The
Bond Buyer, a financial journal published in the City of New York, New York, and to
prepare or cause to be prepared and distributed a Preliminary Official Statement, a
Detailed Notice of Sale and an Official Bid Form relating to the Bonds. In preparing
the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby
authorized to provide that bids for the purchase of the Bonds may be received by
electronic bidding. The City Manager and the Director of Finance (i) are hereby
authorized to determine the dated date of the Bonds of each series, the dates the
Bonds of each series shall mature, the dates on which interest on the Bonds shall
be payable, the aggregate principal amount of the Bonds of each series and the
principal amount of the Bonds of each series maturing in each year; and (ii) are
hereby further authorized to receive bids for the purchase of the Bonds of each
series and, without further action of this Council, to accept the bids offering to
purchase the Bonds of each series at the lowest true interest cost to the City;
provided, however, in no event shall the true interest cost with respect to the Bends
of any series exceed eight percent (8.00%). The City Manager and the Director of
Finance are further authorized to fix the rates of interest to be borne by the Bonds
of each maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the
Director of Finance are hereby authorized to determine the provisions relating to the
redemption of the Bonds set forth in Section 1 hereof upon the advice of the City's
financial advisor; provided, however, in no event shall any redemption premium
payable by the City exceed three percent (3.00%).
(b) The Mayor is hereby authorized and directed to execute and
deliver to the purchasers of the Bonds an Official Statement of the City relating to
the Bonds, in substantially the form of the Preliminary Official Statement relating to
the Bonds, after the same has been completed by the insertion of the maturities,
interest rates and other details of the Bonds and by making such other insertions,
changes or corrections as the Mayor, based on the advice of the City's fineqcial
advisors and legal counsel (including the City Attorney and Bond Counsel), deems
necessary or appropriate; and this Council hereby authorizes the Official Statement
and the information contained therein to be used by the purchasers in connection
with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for
4O2
purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager
and the Director of Finance are hereby authorized and directed to execute on behalf
of the City and deliver to the purchasers a certificate in substantially the form to be
included in the Official Statement under the caption "Certificate Concerning Official
Statement".
(c) The City Manager and the Director of Finance are hereby
authorized to execute and deliver to the purchasers of the Bonds a Continuing
Disclosure Certificate relating to the Bonds evidencing the City's undertaking to
comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule
15c2-12 in such form as shall be approved by the City Manager and the Director of
Finance upon advice of counsel (including the City Attorney and Bond Counsel),
such approval to be conclusively evidenced by their execution thereof.
(d) 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 8. The Bonds, the certificate of authentication of the
Registrar, and the assignment endorsed on the Bonds, shall be substantially the
following forms, respectively, to-wit:
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
No. R-._$
MATURITY DATE:
REGISTERED OWNER:
PRINCIPAL SUM:
INTEREST RATE:
DOLLARS
DATE OF BOND:
CUSIP NO.:
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall be
subject to prior redemption and shall have been duly called for previous redemption
and payment of the redemption price duly made or provided for), the Principal Sum
403
(specified above), and to pay interest on such Principal Sum on
and semiannually on each and thereafter (each such
date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of authentication is an
interest payment date, in which case from such interest payment date, or unless
such date of authentication is within the period from the sixteenth (16th) day io 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. Interest on
this Bond shall be calculated on the basis of a three hundred and sixty (360) day
year comprised of twelve (12) thirty (30) day months.
The principal of and premium, if any, on this Bond
are payable on presentation and surrender hereof, at the office of
, as the Registrar and Paying Agent, in the
City of , __ . Principal of and premium, if any, and interest on
this Bond are payable in any coin or currency of the United States of America w:-,ich,
on the respective dates of payment thereof, shall be legal tender for public and
private debts.
This Bond is one of a series of Bonds of like date, denomination and
tenor except as to number, interest rate and maturity, and is issued for the purpose
of providing funds to pay a portion of the costs of a public improvement project of
and for the City, under and pursuant to and in full compliance with the Constitution
and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of
the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and
resolutions and other proceedings of the Council of the City duly adopted and taken
under the Public Finance Act of 1991.
The Bonds of the series of which this Bond is one (or portions thereof
in installments of $5,000) maturing 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 be redeemed shall be selected
by lot), upon payment of the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
404
Redemption Dates Redemption Prices
(Both Dates Inclusive) (Percenta.qes of Principal Amount)
to __, __ %
to __, __
and thereafter
[The Bonds of the series of which this Bond is one maturing on
_, ~ are subject to mandatory sinking fund 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 Bond 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
for the redemption thereof:
Year
( )
Principal Amount
The City, as 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 Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
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 Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice
of the redemption of this Bond (or the portion of the principal amount hereof to be
redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (or the portion of the principal amount hereof to be redeemed) and of
the accrued interest and premium, if any, payable upon such redemption shall have
been duly made or provided for, interest hereon shall cease to accrue from and after
the date so specified for the redemption hereof.
405
Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the issue of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggregate
principal amount of Bonds of other authorized principal amounts and of the same
series, interest rate and maturity. This Bond is transferable bythe Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, series, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, 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 taxable property within the City, over and above all
other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and premium, if any, and interest on this Bond to the
extent other funds of the City are not lawfully available and appropriated for such
purpose.
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness presc~ ibed
by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the
City.
406
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of its City Clerk; and this Bond to be dated as of the day
of ,200_.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Attest: Mayor
City Clerk City Treasurer
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the
within-mentioned proceedings.
[ 1, as
Registrar
ASSIGNMENT
By:
Authorized Signatory
Date of Authentication:
FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)
unto
Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
407
the within Bond and all rights thereunder, hereby irrevocably constituting and
appointing , Attorney, to
transfer such Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: 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 front of this Bond in every particular, without
alteration or enlargement or any change whatsoever.
SECTION 9. General obligation public improvement bond anticipation
notes (the "Notes") are authorized for issuance and sale by the Director of Finance
in anticipation of the issuance of the general obligation bonds authorized for
issuance herein. Such Notes shall be sold at competitive or negotiated sale at such
price or prices and on such other terms and conditions as shall be determined by
the Director of Finance. If such Notes are offered for competitive sale, a Detailed
Notice of Sale or Summary Notice of Sale shall be prepared, published and
distributed in accordance with the requirements of Section 7. There shall also be
prepared and distributed a Preliminary Official Statement and a final Official
Statement relating to such Notes in such form as shall be approved by the Director
of Finance. The issuance and details of such Notes shall be governed by the
provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of
Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the
same extent the same apply to the Bonds except, in the case of the provisions of
408
Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds
or from any other available funds. The sale of such Notes and the form and other
details thereof shall be approved, ratified and confirmed by subsequent resolution
of this Council. Bonds in anticipation of which such Notes are issued pursuant to
this Section 9 may be issued and sold in accordance with the provisions of this
Resolution at any time within five (5) years of the date of issuance of the first Notes
issued in anticipation of such Bonds.
SECTION 10. The Council hereby authorizes the City to make
expenditures for the purpose for which the Bonds are to be issued in advance of the
issuance and receipt of the proceeds of the Bonds and to reimburse such
expenditures from the proceeds of the Bonds. The adoption of this Resolution shall
be considered an "official intent" within the meaning of Treasury Regulation Section
1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 11. Resolution No. 35636-110501 adopted by the Council on
November 5, 2001 is hereby amended to provide for the sale of the Bonds authorized
for issuance hereunder together with Bonds authorized for sale pursuant to
Resolution No. 35636-110501 (provided that the principal amount of Bonds
authorized for issuance pursuant to Resolution No. 35373-060401 and authorized for
sale pursuant to Resolution No. 35636-110501 for Civic Center Capital Improvements
shall be reduced from $3,000,000 to $2,170,000) such that the Bonds authorized for
sale under Resolution No. 35636-110501 and this Resolution shall be issued and
sold for the purposes and in the amounts set forth below:
Purpose Amount
Schools (Roanoke Academy for Math and Science)
$ 4,600,000.00
Roanoke River Flood Reduction Project
7,500.00
Stadium/Amphitheater
17,030,000.00
Crystal Spring Water Filtration Plant
5,445,000.00
Parking Garage and Related Facilities
(Shenandoah Parking Garage)
2,500,000.00
Curb, Gutter and Sidewalk Improvements
5,000,000.00
Civic Center Capital Improvements
2,170,000.00
South Jefferson Redevelopment Area Project
12,000,000.00
Total 56,245,000.00
409
SECTION 12. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit
Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 13.
herewith are, to the extent of such conflict, repealed.
All ordinances, resolutions and proceedings in conflict
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 2002.
No. 35737-012202.
AN ORDINANCE authorizing the execution of a subdivision plat and the
conveyance of City-owned property in connection with the acquisition of property
for the Roanoke River Flood Reduction Project, upon certain terms and conditions;
and dispensing with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
The City Manager is hereby authorized to execute the necessary
documents, upon form approved by the City Attorney, subdividing City-owned
property identified by Tax Map Nos. 4030602 and 4030604 and thereafter conveying
such property to the adjacent property owners as part of the consideration for
property to be acquired in connection with the Roanoke River Flood Reduction
project, and as further described in the City Manager's letter to Council dated
January 22, 2002.
410
2. The above conveyance shall be conditioned upon the parcels
being combined with the adjacent property owners' lots and a new plat doing so
being placed to record.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST: ~
Ralph K. Smith
City Clerk Mayor
Mary F.
411
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of February, 2002.
No. 35738-020402.
A RESOLUTION paying tribute to Hamlar-Curtis Funeral Home on its
50-year anniversary of service to the citizens of Roanoke.
WHEREAS, Hamlar-Curtis Funeral Home was established on
February 3, 1952, as a partnership between Lawrence H. Hamlar and
Harry C. Curtis, Jr.; and
WHEREAS, Hamlar-Curtis Funeral Home started with only three
employees and has grown to a staff of 15 people; and
WHEREAS, Mr. Hamlar and the Curtis Family have been
community-oriented, serving on key boards and organizations in the valley that have
made a difference in the lives of many people; and
WHEREAS, Hamlar-Curtis Funeral Home has built a reputation on
quality, professional service, respect and integrity; and
WHEREAS, Hamlar-Curtis Funeral Home has become a shining example
of hard work and dedication in the business community.
follows:
THEREFORE, BE IT RESOLVED by Council of the City of Roanoke as
1. City Council adopts this resolution as a means of recognizing and
commending Hamlar-Curtis Funeral Home for 50 years of outstanding service to the
Roanoke Valley.
2. The City Clerk is directed to forward an attested copy of this
resolution to H. Clarke "Duke" Curtis.
APPROVED
ATTEST:/~¢~ ~' ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
412 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of February, 2002.
No. 35739-020402.
AN ORDINANCE temporarily changing the polling place for Jefferson
Precinct No. 2 from the National Guard Armory Building on Reserve Avenue, S. W.,
to the Roanoke City Schools Maintenance Building, at 250 Reserve Avenue, S. W.;
and providing for an emergency.
WHEREAS, the National Guard Armory Building, the polling place for
Jefferson Precinct No. 2, is located on Reserve Avenue, S. W., and the heightened
security measures due to our national emergency have caused the National Guard
to close the Armory to the public;
WHEREAS, by Resolution adopted January 9, 2002, the Roanoke City
Electoral Board has recommended the establishment of a temporary polling place
for Jefferson Precinct No. 2 at the Roanoke City Schools Maintenance Building at
250 Reserve Avenue, S.W., and such temporary polling place is located within such
precinct as required by '24.2-310, Code of Virginia (1950), as amended;
WHEREAS, the Electoral Board has requested that this change be
approved indefinitely or until a permanent change of location can be made@; and
WHEREAS, the Electoral Board has given notice of such emergency
relocation of polling place to the State Board of Elections and has obtained approval
of such change from the Board pursuant to '24.2-310.D., Code of Virginia (1950), as
amended, and the Electoral Board will give notice of this change in polling place by
mail to all registered voters in the Jefferson Precinct No. 2 at least fifteen (15) days
prior to all elections, and public notice of such change, pursuant to '24.2-306, Code
of Virginia (1950), as amended;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Notwithstanding '10-26, Code of the City of Roanoke (1979), as
amended, the polling place for Jefferson Precinct No. 2 shall be relocated from the
National Guard Armory Building to the Roanoke City Schools Maintenance Building,
250 Reserve Avenue, S. W., City, indefinitely or until a permanent change in location
can be made.
413
2. The City Clerk is directed to forward attested copies of this
ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in
polling place can be mailed to all registered voters of Jefferson Precinct No. 2., and
to the Chief, Voting Section, Civil Rights Division, United States Department of
Justice.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of February, 2002.
No. 35740-020402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Water Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Water Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Operating $ 15,361,888.00
Water-Operating (1) .................................... 2,764,891.00
Water-Purification (2-3) ................................. 3,068,952.00
414 -
Retained Earninqs
Retained Earnings Available for Appropriation (4) ............. $ 3,671,000.00
1) Advertising
(002-510-2160-2015) $ 30,000.00
2) Overtime Wages
(002-510-2170-1003)
30,000.00
3) Purchased Water (002-510-2170-2055)
1,000,000.00
4) Retained Earnings
Available for
Appropriation
(002-3348)
( 1,060,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of February, 2002·
No. 35741-020402.
AN ORDINANCE declaring that a water supply emergency exists and
there is a need for water conservation measures to be taken within the City of
Roanoke; approving the Water Conservation Plan dated February 4, 2002;
authorizing the City Manager to impose suitable penalties for violations of the Water
Conservation Plan; authorizing the City Manager to employ temporarily personnel
as water conservation officers, and to authorize those officers as well as certain
other City employees to patrol and issue citations for violations of the Water
Conservation Plan; authorizing the City Manager to take such further action and to
415
provide for such rules and regulations as may be necessary to implement,
administer and enforce the Water Conservation Plan; temporarily suspending the
sewer charge reductions authorized by Section 26-27 of the Code of the City of
Roanoke (1979), as amended, in certain circumstances and authorizing the Director
of Finance to revoke any permits, exemptions, or credits issued pursuant to Section
26-27 of the City Code; imposing a water surcharge as set forth in the Water
Conservation Plan; authorizing the City Manager to maintain the restrictions and
provisions of a particular stage under the Plan until the water level at Carvins Cove
Reservoir has improved and stabilized to a sufficient level above that particular
stage, before lifting the restrictions and provisions of that stage; authorizing the City
Manager to lift mandatory water restrictions once the level of the Carvins Cove
Reservoir reaches 10 feet below the spillway; and providing for an emergency.
WHEREAS, Council has been advised that the water level at the Carvins
Cove Reservoir has dropped twenty feet below the spillway; that a reduced supply
of water is available; that the level continues to drop due to lack of significant
rainfall; that the long range weather forecast predicts only average precipitation for
the next few months and that a significant amount of rainfall is needed to increase
sufficiently the water supply in Carvins Cove Reservoir; and that there is a need to
control and restrict the use of water until the Carvins Cove Reservoir level is
resupplied up to the level often feet below the spillway in order to attempt to prevent
a water shortage within the City; and
WHEREAS, for the reasons set forth above and for those set forth in the
letter from the City Manager to this Council dated February 4, 2002, Council does
believe that a water supply emergency exists and that there is a need to controi and
restrict the use of water during this emergency and that the Water Conservation Plan
dated February 4, 2002, should be approved by Council in order to attempt to prevent
a water shortage within the City.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. For the reasons set forth above and in the above mentioned letter,
Council does hereby find that a water supply emergency exists and that there is a
need to control and restrict the use of water during this emergency and that the
water supply restrictions may be lifted when the Carvins Cove Reservoir reaches ten
feet below the spillway or upon further action of Council.
2. Council specifically approves and adopts the Water Conservation
Plan dated February 4, 2002 (Plan), including the surcharges contained therein, a
copy of which is attached to the above mentioned letter dated February 4, 2002, and
directs that the City Manager implement that Water Conservation Plan. Council
further provides that the conditions, allocations, conservation, restrictions, and
penalties provided for in the Plan are progressive and may be applied in a
cumulative manner.
416 -
3. The City Manager is authorized in accordance with the City of
Roanoke Charter of 1952, Sections 2(31) and (32), and Section 15.2-924 of the Code
of Virginia (1950), as amended, to impose the civil penalties for violations of the
Water Conservation Plan set forth in such Plan or any rules or regulations pursuant
to the Plan when stage 4 or 5 is in effect, in the amount of $100 per day for
residential users and $500 per dayfor institutional/commercial/industrial users, with
each day of any violation constituting a separate violation. The City Manager is
further authorized to implement the provisions of the Plan that will allow for the
immediate cutting off or termination of water service for multiple (more than one)
violations of the Water Conservation Plan and/or failure to pay any civil penalty
assessed for violation of the Plan or for violation of any rules or regulations
pursuant to the Plan and that such service will not be resumed until all water bills,
penalties, and the then current turn on fee are paid.
4. The City Manager is authorized to employ temporarily additional
personnel to act as water conservation officers and to authorize such officers to
patrol and issue citations to water users for violations of the Plan or any rules or
regulations adopted pursuant to the Plan. The City Manager is further authorized to
use the additional City employees referred to in the above mentioned letter to
supplement such water conservation officers for patrolling and the issuing of
citations.
5. The City Manager is authorized to take such further action as may
be deemed necessary and to provide for such rules and regulations as may be
necessary to implement and/or administer the Water Conservation Plan and to
enforce the provisions of that Plan.
6. Once stage 3 of the Plan is reached, the provisions of Section
26-27 of the Code of the City of Roanoke (1979), as amended, providing for a
reduction in sewer charges will be deemed to be suspended temporarily in so far as
it applies to City water used for irrigation purposes or the filling or refilling of
swimming pools until further direction of this Council or the lifting of all mandatory
restrictions under the Plan.
7. The Director of Finance is hereby authorized to revoke or
suspend, once stage 3 of the Plan is reached, any permits, credits, or exemptions
issued pursuant to Section 26-27 of the City Code, with the intent being that sewer
charges will then be imposed, at that time, on City water used for irrigation purposes
or the filling or refilling of swimming pools, all as more fully set forth in the letter to
this Council dated February 4, 2002.
8. The Director of Finance or his designee shall attempt to provide
notice of the action set forth in paragraphs 6 and 7 above to any persons or entities
receiving such an exemption, credit, or permit pursuant to Section 26-27 of the City
Code, either by publishing notice in a newspaper of general circulation or by mailing
notice to such persons or entities.
417
9. Council hereby provides authority to the City Manager that once
a particular stage provided for in the Plan is reached and the restrictions and
provisions of that stage take effect, the City Manager may maintain the restrictions
and provisions of that stage until the water level at Carvins Cove Reservoir has
improved and stabilized to a sufficient level above that particular stage, as may be
determined by the City Manager in her discretion, before that particular stage will be
determined to be no longer applicable and the restrictions and provisions of that
stage are lifted.
10. Should the water level at the Carvins Cove Reservoir rise above
the level of ten feet below the spillway the water supply restrictions may be, but are
not required to be, lifted by the City Manager and the City Manager is authorized to
take such actions as may be necessary to terminate the Water Conservation Plan in
an orderly manner if all such restrictions are lifted·
11. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
Mary F. Parker
City Clerk
· mith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of February, 2002.
No. 35742-020402·
A RESOLUTION authorizing a contract with Rosser International,.Inc.,
for architectural and engineering services for the Roanoke Civic Center Expansion
and Renovation Project - Phase II improvements.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a contract with Rosser International, Inc., in the
amount of $825,000.00 for architectural and engineering design phase services to
418 -
include programming and space planning services, for the Roanoke Civic Center
Expansion and Renovation Project - Phase II improvements, as described in the City
Manager's letter to this Council dated February 4, 2002.
2. The form of the contract shall be approved by the City Attorney,
all as more particularly set forth in the City Manager's letter to this Council dated
February 4, 2002.
APPROVED
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of February, 2002.
No. 35743-020402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
General Government
Public Works Service Center Upgrade - Phase I (1) ..........
Study of Municipal North Office Use (2) ...................
Master Plan for Public Works Service Center, Municipal Complex
and Courthouse Building (3-4) ..........................
15,365,230.00
400,000.00
'0'
155,000.00
419
Capital Improvement Reserve
Capital Improvement Reserve (5) ........................
$ 2,596,911.00
400,758.00
1) CMERP - Equipment
Purchases (008-530-9776-9132)
$ (50,000.00)
2) CMERP - Equipment
Purchases (008-530-9777-9132)
(50,000.00)
3) Appropriated from
General Revenue
(008-530-9783-9003)
55,000.00
4) CMERP - Equipment
Purchases (008-530-9783-9132)
100,000.00
5) Buildings and
Structures
(008-052-9575-9173)
(55,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of February, 2002.
No. 35744-020402.
A RESOLUTION authorizing a contract with Hayes, Seay, Mattern &
Mattern, Inc., for programming and space planning services for the design and
development of conceptual building and site plans and related work for the City's
Public Works Service Center, to update the City's 1996 "Long-Range Facility Master
Plan", and develop related conceptual floor plans for the City's Municipal North and
Municipal South office buildings, and the Courthouse building.
420 -
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a contract with Hayes, Seay, Mattern & Mattern, Inc.,
in the amount of $149,220.00 for programming and space planning services for the
design and development of conceptual building and site plans and related work for
the City's Public Works Service Center, to update the City's 1996 "Long-Range
Facility Master Plan", and develop related conceptual floor plans for the City's
Municipal North and Municipal South office buildings, and the Courthouse building,
as described in the City Manager's letter to this Council dated February 4, 2002.
2. The form of the contract shall be approved by the City Attorney,
all as more particularly set forth in the City Manager's letter to this Council dated
February 4, 2002.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of February, 2002.
No. 35745-020402.
A RESOLUTION accepting the bid of Kay Uniform Company, Inc., for the
purchase of Roanoke City Sheriff's Office employee uniforms; and rejecting all other
bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that:
1. The bid submitted by Kay Uniform Company, Inc., for the
purchase of Roanoke City Sheriff's Office employee uniforms for a term of one year
with the option to renew for four additional one year periods, which bid is on file in
the Purchasing Department, is hereby ACCEPTED, as set forth in the City Manager's
letter to Council dated February 4, 2002.
421
2. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase order therefor, incorporating
into said order the City's specifications, the terms of said bidder's proposal and the
terms and provisions of this resolution.
3. Any and all other bids made to the City for the aforesaid
proburement are hereby REJECTED, and the City Clerk is directed to notify each
such bidder and to express to each the City's appreciation for such bid.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of February, 2002.
No. 35746-020402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~_~ro_oriations
Economic Development
Carilion Training Incentive FY 2002 (1) ....................
Enterprise Zone 1 and 2 Training FY 2002 (2) ..............
24,390,593.00
25,678.00
18,722.00
422 -
Revenues
First Union Job Grant Repayment (3) ....................... $ 44,400.00
1) Appropriated from
Third Party
(008-310-9699-9004)
$ 25,678.00
2) Appropriated from
Third Party
(008-310-9630-9004)
18,722.00
3) First Union Job Grant
Repayment (008-310-9699-1281)
44,400.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
· h
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of February, 2002·
No. 35747-020402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
· , 423
Appropriations
Public Safety $ 1,894,474.00
Federal Asset Forfeiture (1) .............................. 301,203.00
Revenues
Public Safety 1,894,474.00
Federal Asset Forfeiture (2-3) ............................ 301,203.00
1) Expendable Equipment
<$5,000 (035-640-3304-2035) $ 58,982.00
2) Federal Asset
Forfeiture Proceeds (035-640-3304-3305) 58,231.00
3) Interest (035-640-3304-3306) 751.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of February, 2002.
No. 35748-020402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
424 -
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Public Safety $ 46,697,423.00
Emergency Medical Services (1) ........................... 2,153,625.00
Nondepartmental
Transfer to Other Funds (2) ...............................
71,635,871.00
71,093,166.00
Grant Fund
Appropriations
Public Safety
Rescue Squad Assistance Grant (3) ........................
1,863,492.00
28,000.00
Revenues
Public Safety
Rescue Squad Assistance Grant (4-5) ......................
1,863,492.00
28,000.00
1) CMERP- Equipment
Purchases
(001-520-3521-9132)
$ (14,000.00)
2) Transfer to Grant Fund (001-250-9310-9535)
14,000.00
3) Expendable Equipment
(<$5,000) (035-520-3341-2035)
28,000.00
4) Local Match
(035-520-3341-3342)
14,000.00
5) State Grant Receipts (035-520-3341-3343)
14,000.00
425
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST: ~
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of February, 2002.
No. 35749-020402.
A RESOLUTION authorizing the acceptance of the Rescue Squad
Assistance Fund ("RSAF") Grant made to the City of Roanoke by the Virginia
Department of Health, Office of Emergency Medical Services and authorizing the
execution and filing by the City Manager of the conditions of the grant and other
grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the
Virginia Department of Health, Office of Emergency Medical Services of the Rescue
Squad Assistance Fund Grant in the amount of $14,000.00.
2. The City Manager or the Assistant City Manager is hereby
authorized to accept, execute and file on behalf of the City any documents setting
forth the conditions of Virginia Department of Health, Office of Emergency Medical
Services RSAF Grant.
426 -
3. The City Manager or the Assistant City Manager is further
directed to furnish such additional information as may be required by the Virginia
Department of Health, Office of Emergency Medical Services in connection with the
City's acceptance of the foregoing grant or with such project.
APPROVED
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
427
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of February, 2002.
No. 35750-021902.
A RESOLUTION authorizing a contract with Rosser International, Inc.
for architectural/engineering design and construction phase services, which will
include a traffic planning study of major roads and intersections in the vicinity of
the stadium-amphitheater and Civic Center, provision of an operations
consultant, acoustical design, food service and graphics design services and
related work for the Stadium-Amphitheater Complex Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, a contract with Rosser International, Inc. in the
amount of $1,250,000 for architectural/engineering design and construction
phase services, which will include a traffic planning study of major roads and
intersections in the vicinity of the stadium-amphitheater and Civic Center,
provision of an operations consultant, acoustical design, food service and
graphics design services and related work for the Stadium-Amphitheater
Complex Project, as described in the City Manager's letter to this Council dated
February 19, 2002.
2. The form of the contract shall be approved by the City
Attorney, all as more particularly set forth in the City Manager's letter to this
Council dated February 19, 2002.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
428
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35751-021902.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Traffic Engineering $
Signalization of Williamson Road/Hildebrand Road (1) ......
5,445,380.00
52,600.00
Capital Improvement Reserve
Public Improvement Bonds - Series 1999 (2) ...............
(3,118,821.00)
3,254,679.00
1) Appropriated from
Bond Funds
Series 1999
(008-530-9579-9001) $
52,600.00
2) Streets and Sidewalks
(008-052-9709-9191)
(52,600.00)
BE IT FURTHER ORDAINED that, an
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
emergency existing, this
Ralph K. Smith
Mayor
429
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of February, 2002.
No. 35752-021902.
AN ORDINANCE accepting the bid of The Richardson-Wayland
Electrical Corporation for the signalization of Williamson Road and Hildebrand
Road upon certain terms and conditions and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the work; and dispensing with
the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of The Richardson-Wayland Electrical Corporation in the
amount of $47,844.00 for the signalization of Williamson Road and Hildebrand
Road, as is more particularly set forth in the City Manager's letter dated
February 19, 2002, to this Council, such bid being in full compliance with the
City's plans and specifications made therefor and as provided in the contract
documents offered the bidder, which bid is on file in the Purchasing Department,
be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with
the successful bidder, based on its proposal made therefor and the City's
specifications made therefor, the contract to be in such form as is approved by
the City Attorney, and the cost of the work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and
to express to each the City's appreciation for such bid.
4. Pursuant to the provisions of Section 12 of the City charter,
the second reading of this ordinance by title is hereby dispensed with.
Mary F. Parker
City Clerk
APPROVED
Mayor
430
2001-2002
emergency.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35753-021902.
AN ORDINANCE to amend and reordain
Fleet Management Fund Appropriations,
certain sections of the
and providing for an
WHEREAS, for the usual daily operation of the
Government of the City of Roanoke, an emergency is declared to exist.
Municipal
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Fleet Management Fund Appropriations,
be, and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay (1) ...................................... $ 4,534,277.00
Retained Earninqs
Retained Earnings - Available for Appropriation (2) ..........
42,233.00
1) Vehicular Equipment
(017-440-2642-9010) $ 429,767.00
2) Retained Earnings -
Available for
Appropriation
(017-3348)
(429,767.00)
BE IT FURTHER ORDAINED that,
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
an emergency existing, this
Ralph K. Smith
Mayor
431
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35754-021902.
A RESOLUTION accepting the bid of Kovatch Mobile Equipment
Corporation for the purchase of one new fire 1500 GPM fire engine with water
tower, upon certain terms and conditions; and rejecting all other bids made for
such item.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bid submitted by Kovatch Mobile Equipment Corporation,
for the purchase of one new 1500 GPM fire engine with water tower, at a cost of
$429,767.00, as is set forth in the letter to this Council dated February 19, 2002,
which bid is on file in the Purchasing Department and is in full compliance with
the City's specifications made therefor, is hereby ACCEPTED.
2. The City's Manager of the Purchasing Department is hereby
authorized and directed to issue the requisite purchase order therefor,
incorporating into the purchase order the City's specifications, the terms of the
bidder's proposal and the terms and provisions of this resolution.
3. Any and all other bids made to the City for the aforesaid item
are hereby REJECTED, and the City Clerk is directed to notify each such bidder
and to express to each the City's appreciation for such bid.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor ~
432
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35755-021902.
A RESOLUTION designating the procurement method known as
competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of Virginia State
Certified Incident Based Reporting software and software services; and
documenting the basis for this determination.
WHEREAS, the City seeks to procure proposals from vendors to
provide the following:
A client based Incident Based Reporting systems to be run on
Panasonic CF-28 computers in the City's Police Patrol
vehicles;
Develop or assist in the development of both front and
backend interfaces to the IBR client application;
Assist in the implementation of this system and create utilities
that further the functionality of this system; and,
WHEREAS, this Council finds that the use of the procurement
method of competitive negotiation for the above mentioned services will allow for
consideration of the factors of experience, qualifications, references, customer
responsiveness, manpower allocation, financial management and quality of
reports as related to the vendor and software design, platform, functionality,
reliability and adaptability to interface which are of equal, if not greater,
importance than the cost.
WHEREAS, City Council is of the opinion that such services should
be procured by competitive negotiation rather than competitive sealed bidding.
THEREFORE, BE IT RESOLVED by this Council of the City of
Roanoke as follows:
1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke,
(1979), as amended, this Council finds that the procurement method known as
competitive sealed bidding is not practicable and/or is not fiscally advantageous
to the public for the reasons set forth above for the procurement of Virginia State
Certified Incident Based Reporting software and software services.
433
2. City Council directs that the procurement method known as
competitive negotiation shall be used for the procurement of Virginia State
Certified Incident Based Reporting software and software services, as more fully
set forth in the City Manager's Letter to this Council dated February 19, 2002.
3. This Resolution documents the basis for City Council's
determination.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35756-021902.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations,
be, and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Public Safety $
Police Investigation (1-2) .............................
46,649,748.00
2,303,434.00
434
Nondepartmental
Transfers to Other Funds (3) .........................
Grant Fund
Appropriations
Public Safety
Federal Asset Forfeiture Program (4) ..................
VSTOP Grant CY02 (5-11) ...........................
Revenues
Public Safety
VSTOP Grant CY02 (12-13) ..........................
1) Administrative Supplies
2) Training and
Development
3) Transfer to Grant Fund
4) Local Match - LLEBG
5) Salaries
6) ICMA Retirement
7) FICA
8) Health Insurance
9) Dental Insurance
10) Administrative
Supplies
11) Training and
Development
12) Local Match
13) State Grant Receipts
(001-640-3112-2030) $
(001-640-3112~044)
(001~50-9310-9535)
(035-640-3304~149)
(035~40-3321-1002)
(035~40-3321-1115)
(035-640-3321-1120)
(035-640-3321-1125)
(035~40-3321-1126)
(035-640-3321-2030)
(035~40-3321~044)
(035-640-3321-3323)
(035~40-3321-3324)
71,603,546.00
71,080,841.00
2,029,570.00
295,762.00
34,119.00
2,029,570.00
34,119.00
(1,012.00)
(663.00)
1,675.00
(5,441.00)
27,003.00
2,200.00
2,066.00
1,000.00
175.00
1,012.00
663.00
7,116.00
27,003.00
BE IT FURTHER ORDAINED that,
Ordinance shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
435
an emergency existing, this
~~h~K' Smith~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of February, 2002.
No. 35757-021902.
A RESOLUTION accepting the Virginia Services, Training, Officers,
Prosecution (VSTOP) Violence Against Women Grant offer made to the City by
the Virginia Department of Criminal Justice Services and authorizing execution of
any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Virginia Services,
Training, Officers, Prosecution (VSTOP) Violence Against Women grant offered
by the Virginia Department of Criminal Justice Services in the amount of
$27,003.00. The grant which requires a $21,915.00 in-kind match by the City and
a cash match of $7,116.00 is more particularly described in the letter of the City
Manager, dated February 19, 2000, upon all the terms, provisions and conditions
relating to the receipt of such funds.
2. The City Manager and the City Clerk, are hereby authorized to
execute, seal and attest, respectively, the grant agreement and all necessary
documents required to accept the grant, including any documents providing for
indemnification from the City that may be required for the City's acceptance of
this grant, all such documents to be approved as to form by the City Attorney.
436
3. The City Manager is further directed to furnish such additional
information as may be required in connection with the City's acceptance of this
grant.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35758-021902.
A RESOLUTION determining that Appalachian Power Company
(sometimes d/b/a American Electric Power) is the only source practicably
available to provide electric service at established rates to the City and for
providing street lighting service to the City for the period from July 1, 2002,
through June 30, 2007, and authorizing an extension of the City's current
contracts for such services upon certain terms and conditions.
WHEREAS, the VML/VACo APCo Steering Committee (Committee)
comprised of representatives of local governments and political subdivisions has
for many years negotiated on behalf of such governmental units within the
service area of Appalachian Power Company (sometimes d/b/a American Electric
Power) (APCo) the terms of standard contract forms which have included rates
for the purchase of electricity supply and delivery service and for the installation,
maintenance and delivery service for street lights by and for such governmental
units from APCo as a single or sole source provider; and
WHEREAS, the City's most recent contract for the purchase of
electricity supply is for the period beginning July 1, 2000, and will terminate on
June 30, 2002, and for street lighting service is for the period beginning
January 1, 1993, and will terminate on December 31, 2002; and
437
WHEREAS, on or about February 12, 2001, APCo agreed with the
Committee to extend the term of all such contracts to December 31, 2003, at rates
set forth in the Company's Schedule 17 on file with the Virginia State Corporation
Commission (the "Commission"); and
WHEREAS, on or about July 24, 2001, American Electric Power Co.
("AEP"), parent corporation of APCo, filed a proceeding in the Federal Energy
Regulation Commission
("FERC") seeking approval of amendment of its intercompany
agreement which inter alia affects the supply and computation of the price for
electricity furnished to APCo in excess of that produced by APCo, in which
proceeding the Committee and the Town of Wytheville appeared and objected;
and
WHEREAS, in consideration of the Committee and the Town of
Wytheville agreeing to a negotiated settlement of the FERC proceeding which
provides substantial protection against potential escalation of the fuel factor
which is a component of APCo's total pricing for electricity supplied to its retail
customers, including the governmental units, APCo has granted to the
governmental units the election or option to: (1) terminate the current contracts
on June 30, 2002; or (2) extend the contracts at Schedule 17 rates to December
31, 2003 pursuant to the offer dated February 12, 2001; or (3)(a) to extend the
current contracts through June 30, 2007, at rates contained in APCo's unbur, dled
Standard Rate Schedules, or any successor or replacement schedules then on
file and approved by the Commission; and (b) to extend street light service at
rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided
that election (3) is conditioned upon the governmental unit so electing and
notifying APCo of its election within 90 days of December 18, 2001, that: (i) it has
chosen APCo to provide generation service through June 30, 2007; (ii) that it will
not chose a different supplier prior to such date; and (iii) it will not request the
Commission to determine rates and provisions for default service different from
that provided under its contract, as amended by election (3); and
WHEREAS, the Committee has recommended that all jurisdictions in
the APCo service area elect option (3) to extend contracts from June 30, 2002,
through June 30, 2007, at the rates and subject to the conditions all as set forth in
the settlement agreement; and
WHEREAS, in consideration whereof, APCo is the only source
practically available which can and will supply electricity service and delivery
thereof and to supply street lighting service for the entire needs of the City at
established rates for such bundled service or unbundled generation service for
438
the period from July 1, 2002 through June 30, 2007, as negotiated and
recommended by the Committee; and furthermore, based upon the information
and recommendation provided by the Committee, it appears that even if in the
future there should develop a truly competitive market in the APCo area for
generation service, it is questionable whether the Virginia Electric Utility
Restructuring Act (the "Act") provides for capped rates or default rates for public
authorities in the APCo area which could place the City at a disadvantage in the
event it elects to contract with an alternative supplier or if such alternative
generation supplier should default and be unable to provide the electricity; and it
further appearing that the contract extensions recommended and agreed to by
the Committee will provide this City with a safeguard against excessive electricity
generation costs both at this date and in the foreseeable future due to a lack of
real competition in this area of Virginia.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Since APCo is the only electricity generation provider which
can and will contract to supply electricity service and delivery and to supply
street lighting service thereof to the City for the entire needs of the City at
established rates for such services for the period from July 1, 2002, through
June 30, 2007, as set forth above, it is hereby determined by this Council that
APCo is the only source practicably available to provide such services, as more
particularly set forth in the City Manager's letter to this Council dated
February 19, 2002.
2. This Council accepts the offer of APCo to extend its current
contracts for electric service on a bundled basis and for street lighting service
from July 1, 2002 through June 30, 2007, and in accordance with the conditions in
APCo's offer, this Council agrees that: (i) it has chosen APCo to provide
generation service through June 30, 2007; (ii) it will not choose a different
supplier prior to such date; and, (iii) it will not request the State Corporation
Commission to determine rates and provisions for default service different from
that provided in the contracts, as amended and extended, all as more particularly
set forth in the City Manager's letterto this Council dated February 19, 2002.
3. The City Manager and the City Clerk are authorized to execute
and attest, respectively, and deliver on behalf of this Council, in form approved by
the City Attorney, all documents and take such actions as shall be deemed
necessary and appropriate to carry out and administer the foregoing election.
439
4. The City Clerk is directed to notify APCo of the aforesaid
election and agreement by transmitting a certified copy of this resolution to
counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P.O. Box
1320, Richmond, VA 23218-1320, who is authorized to deliver the same to APCo.
5. In compliance with the procurement regulations governing
sole source procurement, the City's Purchasing Manager is hereby directed this
day to post a certified copy of this resolution in the City's public area for posting
such notices.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35759-021902.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Grant Fund Appropriations, be, ana the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development Block Grant FY01 $ 3,107,187.00
CDBG Unprogrammed - FY01 (1-2) ......................... 626,986.00
Community Development Block Grant FY02 CDBG Unprogrammed - FY02 (3-5) .........................
2,601,887.00
342,326.00
440
HOME Program FY01
HOME Unprogrammed - FY01 (6) .........................
HOME Program FY02
HOME Unprogrammed - FY02 (7) .........................
Revenues
Community Development Block Grant FY01 (8-13) ............
Community Development Block Grant FY02 (14-18) ...........
HOME Program FY01 (19) ................................
HOME Program FY02 (20-21) ..............................
1) Unprogrammed CDBG -
Other - FY01
2) Unprogrammed CDBG -
RRHA - FY01
3)
Unprogrammed CDBG -
Section 108 Loan
Repayment - FY02
4) Unprogrammed CDBG -
Other - FY02
5) Unprogrammed CDBG -
RRHA - FY02
6) Unprogrammed HOME -
Funds - FY01
7) Unprogrammed HOME -
Funds - FY02
8) Parking Lot Income
9) Other Program
Income - RRHA
10) Demolitions
(035-G01-0140-5189) $
(035-G01-0140-5197)
(035-G02-0240-5188)
(035-G02-0240-5189)
(035-G02-0240-5197)
(035~90-5323-5320)
(035-090-5324-5320)
(035-G01~100-0002)
(035-G01-0100-0003)
(035-G01-0100~004)
6,668.00
7,265.00
44,620.00
70,998.00
76,565.00
1,901.00
9,634.00
3,700.00
1,920.00
5,646.00
720,022.00
42,022.00
772,634.00
19,634.00
3,107,187.00
2,601,887.00
720,022.00
772,634.00
11) Home Ownership
Assistance
12) Rental Rehabilitation
Repayment
13) Land Sale
14) Parking Lot Income
15) Other Program
Income - RRHA
16) Williamson Road
Garage
17) Hotel Roanoke
Section 108 Loan
Repayment
18) Rental Rehabilitation
Repayment
19) First Union Loan
Repayments - FY01
20) First Union Loan
Repayments - FY02
21) HOME Program Income -
RRHA - FY02
(035-G01-0100-0022)
(035-G01-0100-0040)
(035-G01-0100-0042)
(035-G02-0200-2202)
(035-G02-0200-2203)
(035-G02-0200-2207)
(035-G02-0200-2234)
(035-G02-0200-2240)
(035-035-1234-7235)
(035-090 -5324-5320)
(035-090-5324-5324)
BE IT FURTHER ORDAINED that,
Ordinance shall be in effect from its passage.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
441
$ 1,022.00
1,644.00
1.00
25,900.00
23,040.00
70,998.00
44,620.00
27,625.00
1,901.00
16,961.00
2,673.00
an emergency existing, this
Mayor
442
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of February, 2002.
No. 35760-021902.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General and School Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the
Government of the City of Roanoke, an emergency is declared to exist.
Municipal
General Fund
Appropriations
Nondepartmental $
Transfers to Other Funds (1) ...............................
Fund Balance
Reserved for CMERP - Schools (2) ..........................
School Fund
Appropriations
Education
Special Education Assistive Technology 2001-02 (3) ............
Special Education Capacity Building (Silver) Grant 2000-01 (4-6)..
Jobs for Virginia Graduates 2001-02 (7) .......................
Expanded GED Testing Services 2002-02 (8-11) ................
2002 Advanced Placement (AP) Test Program (12) ..............
71,628,765.00
71,106,060.00
787,310.00
129,469,971.00
1,500.00
20,188.00
52,568.00
7,500.00
1,274.00
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and School Funds Appropriations,
be, and the same are hereby, amended and reordained to read as follows, in part:
Facilities (13-19) .........................................
Revenues
Education
Special Education Assistive Technology 2001-02 (20) ..........
Special Education Capacity Building (Silver) Grant 2000-01 (21)..
Jobs for Virginia Graduates 2001-02 (22) .....................
Expanded GED Testing Services 2002-02 (23) .................
2002 Advanced Placement (AP) Test Program (24) ..............
Transfer from General Fund (25) ............................
Fund Balance
Reserved for CMERP - Schools (26) ..........................
1) Transfer to
School Fund
2) Reserved for
CMERP - Schools
3) ADDT - Machinery
and Equipment
4) Other Professional
Services
5) In Service Workshops
6) In Service Supplies
7) Educational and
Recreational
Supplies
8) Supplements
(001-250-9310-9530)
$ 26,894.00
(001-3324)
443
(030-062-6579-6029-0313)
$ 1,631,050.00
(030-062-6579-6029-0313)
(030-062-6579-6029-0587)
(030-062-6579-6029-0617)
26,894.00
(030-062-6741-6351-0614)
(030-062-6749-6334-0129)
1,500.00
14,688.00
5,000.00
500.00
2,608.00
6,270.00
127,919,046.00
1,500.00
20,188.00
52,568.00
7,500.00
1,274.00
46,014,562.00
-0-
444
9) Social Security
10) Mileage
11) Education and
Recreational
Supplies
12) Maintenance
Service Contracts
13) ADDT - Machinery
and Equipment
14) Replacement Data
Process Equipment
15) Replacement of
School Buses
16) ADDT - Machinery
and Equipment
17) Buildings
18) ADDT - Other
Capital Outlay
19) ADDT - Other
Capital Outlay
20) Federal Grant
Receipts
21) Federal Grant
Receipts
22) Federal Grant
Receipts
23) Fees
24) State Grant Receipts
(030-062-6749-6334-0201)
(030-062-6749-6334-0551)
(030-062-6749-6334-0614)
(030-062-6835-6113-0332)
(030-065-6006-6109-0821 )
(030-065-6006-6302-0806)
(030-065-6006-6676-0808)
(030-065-6006-6681-0821)
(030-065-6006-6681-0851)
(030-065-6006-6682-0829)
(030-065-6006-6896-0829)
(030-062-6578-1102)
(030-062-6579-1102)
(030-0 62-6741-1102)
(030-062-6749-1103)
(030-062-6835-1100)
480.00
250.00
500.00
1,274.00
9,722.00
2,147.00
55,750.00
94,340.00
30,160.00
11,640.00
6,936.00
1,500.00
20,188.00
2,608.00
7,500.00
1,274.00
25) Transfer from
General Fund
(030-060-6000-1037)
26) Reserved for
CMERP - Schools
(03O-3324)
BE IT FURTHER ORDAINED that, an
Ordinance shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
445
$ 26,894.00
183,801.00
emergency existing,
this
Ralph K Smith
Mayor
446
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 2002.
No. 35761-030402.
A RESOLUTION authorizing the City Manager to file an application or
other documents with the Virginia Department of Rail and Public Transportation for
WHPT Co., Inc., for $60,000.00 in Industrial Access Railroad Track Funds and to
state the City's support for WHPT receiving such funds.
WHEREAS, WHPT Co., Inc., (WHPT) is being displaced by the
acquisition of property in the South Jefferson Redevelopment Area; and
WHEREAS, WHPT has expressed its intent and desire to the City of
Roanoke to relocate its industrial operations in the City of Roanoke; and
WHEREAS, WHPT and its operations will require rail access for such
relocated operations; and
WHEREAS, the officials of WHPT have reported to the City their intent
to apply for Industrial Access Railroad Track Funds from the Commonwealth of
Virginia's Department of Rail and Public Transportation in the amount of $60,000.00;
and
WHEREAS, the City has been advised that the locality within which the
industry is locating must file the application for such funds as well as provide a
resolution supporting such application; and
WHEREAS, WHPT has requested that the City of Roanoke file an
application for WHPT to receive Industrial Access Railroad Track Funds from the
Commonwealth of Virginia's Department of Rail and Public Transportation in the
amount of $60,000.00, and indicating the City's support for such application.
// THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
/~as follows:
1. The City Manager is hereby authorized to execute and file on
behalf of the City of Roanoke any and all appropriate documents required in
connection with the application for WHPT Co., Inc., to receive Industrial Access
Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and
Public Transportation in the amount of $60,000.00, and to take such further action
447
and furnish such additional information as may be required by the Commonwealth
for such application, all as more fully set forth in the City Manager's letter to Council
dated March 4, 2002.
2. City Council hereby further endorses and supports the
application of WHPT for $60,000.00 in Industrial Access Railroad Track Funds and
makes known its desire and intent to assist and cooperate with the Commonwealth
of Virginia's Department of Rail and Public Transportation and the Commonwealth
Transportation Board so they can provide the maximum financial assistance to
WH PT for the purpose of relocating WHPT's industrial facility in the City of Roanoke.
APPROVED
ATTEST: ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 2002.
No. 35762-030402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General and Capital Projects Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
448
General Fund
Appropriations
Nondepartmental
Residual Fringes (1) ...................................
Transfers to Other Funds (2) ............................
$ 71,601,871.00
1,327,485.00
71,215,597.00
Capital Projects Fund
Appropriations
General Government
Grant Writing Services (3) ..............................
15,431,000.00
121,000.00
Revenues
Nonoperating
Transfers from Other Funds (4) ..........................
5,643,517.00
5,643,517.00
1) Medical Insurance
(001-250-9110-1125)
$ (121,000.00)
2) Transfer to Capital
Projects Fund
(001-250-9310-9508)
121,000.00
3) Appropriated from
General Revenue
(008-410-9630-9003)
121,000.00
4) Transfer from
General Fund
(008-110-1234-1037)
121,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST: ~~.,~,,~.
Mary F. Parker Ralph K. Smith
City Clerk Mayor
449
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of March, 2002.
No. 35763-030402.
A RESOLUTION authorizing execution of a contract with Randall
Funding and Development, Inc., to provide grant writing services in order to enhance
the level of grant revenue received by the City, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, to
execute and attest, respectively, a contract with Randall Funding and Development,
Inc., in the amount of $121,000.00, to provide grant writing services, including the
development of a strategic grant funding plan based on a funding needs analysis,
grant funding research and grant proposal development for a two.year period in
order to enhance the level of grant revenue received by the City, such services being
more fully set out in its proposal and the City Manager's letter to this Council dated
March 4, 2002.
ATTEST:
Mary F. Parker
City Clerk
The form of the contract shall be approved by the City Attorney.
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 2002.
No. 35764-030402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
450
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges
Roadway Safety Improvement Program (1) ...............
$ 24,474,373.00
305,364.00
Riverland Road/Mt. Pleasant Blvd/Bennington Street Intersection
Improvement Project (2) ...............................
50,000.00
1) Appropriated from
Bond Funds
Series 1996
(008-052-9606-9088) $
(50,000.00)
2) Appropriated from
Bond Funds
Series 1996
(008-530-9785-9088)
50,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
451
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of March, 2002.
No. 35765-030402.
AN ORDINANCE providing for the acquisition of certain property rights
needed by the City for the Riverland Road/Mt. Pleasant Boulevard/Bennington Street
Intersection Improvements Project; setting a limit on the consideration to be offered
by the City; providing for the City's acquisition of such property rights by
condemnation, under certain circumstances; and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the Riverland Road/Mt. Pleasant
Boulevard/Bennington Street Intersection Improvements Project, the Citywants and
needs certain property rights across property bearing Roanoke City Tax
Nos. 4250104, 4250105, 4250106, 4250202, 4250203, 4360601,4360602, 4350701, as
set forth in the City Manager's letter and attachment thereto to City Council dated
March 4, 2002. The proper City officials are authorized to acquire these property
rights for such consideration as the City Manager may deem appropriate, subject to
the limitation set out below and subject to applicable statutory guidelines. All
requisite documents shall be upon form approved by the City Attorney.
2. A public necessity and use exists for the acquisition of the
property rights and immediate acquisition by purchase or condemnation is
necessary and expedient.
3. The City Manager is directed on behalf of the City to offer the
landowners such consideration for the property rights as deemed appropriate;
provided, however, the total consideration offered or expended and any and all
necessary closing costs, including but not limited to appraisals, title reports,
preparation of necessary documents and recordation costs, shall not exceed
$50,000.00 without further authorization of Council. Upon the acceptance of an offer
and upon delivery to the City of deeds, approved as to form and execution by the
City Attorney, the Director of Finance is directed to pay the consideration to the
owners of the interests conveyed, certified by the City Attorney to be entitled to the
same.
4. Should the City be unable to agree with the landowners as to the
compensation to be paid for acquisition of such property rights, or other terms of
purchase or settlement, or should the owners be persons under a disability lacking
452
capacity to convey said property rights, or should the whereabouts of the owners
be unknown, the City Attorney is authorized and directed to institute condemnation
or legal proceedings to acquire for the City the appropriate property rights.
5. In instituting or conducting any condemnation proceeding~ the
City Attorney is authorized to make motion on behalf of the City for a right of entry
pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as
amended, for the purpose of commencing the project. The Director of Finance, upon
request of the City Attorney, shall be authorized and directed to draw and pay into
Court the appropriate sums in connection with such proceedings.
6. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 2002.
No. 35766-030402.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General, Water, Civic Center, Transportation, Capital Projects and School
Capital Project Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002, General, Water, Civic Center, Transportation,
Capital Projects and School Capital Project Funds Appropriations be, and the same
are hereby, amended and reordained to read as follows, in part:
453
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1-2) ...........................
Water Fund
Appropriations
Capital Outlay
Crystal Spring Filtration Plant Construction (3) .............
Public Improvement Bonds - Series 2002 (4) ................
Civic Center Fund
Appropriations
Capital Outlay
Civic Center Renovation/Expansion - Phase I (5-6) ..........
Public Improvement Bonds - Series 2002 (7) ...............
Revenues
Nondepartmental
Transfers from Other Funds (8) ............................
Transportation Fund
Appropriations
Capital Outlay
Shenandoah Garage (9-10) ...............................
Capital Projects Fund
A_=_~ro_~riations
General Government
Shenandoah Garage (11-12) ..........................
Parks, Recreation and Cultural
Stadium/Amphitheater Project (13-14) ..................
70,785,871.00
70,263,166.00
7,734,193.00
5,245,000.00
4,477,500.00
3,285,000.00
2,528,6C5.00
2,468,685.00
5,997,774.00
5,924,574.00
9,285,656.00
26,890,741.00
18,235,000.00
454 ....
Capital Improvement Reserve
Public Improvement Bonds - Series 2002 (15-20) .........
Revenues
Nonoperating
Transfers from Other Funds (21) ........................
Proceeds From Issuance of Bonds (22) ..................
School Capital Projects Fund
Appropriations
Education
Roanoke Academy for Math and Science (23) ..............
Revenues
Nonoperating
Proceeds from Issuance of Bonds (24) ....................
1) Transfer to Civic
Center Fund
2) Transfer to Capital
Projects Fund
3) Appropriated from
Series 2002 Bonds
4) Crystal Spring
Filtration Plant
5) Appropriated from
Series 2002 Bonds
6) Appropriated from
General Revenue
7) Civic Center
Expansion and
Renovation
(001~50-9310~505)
(001~50-9310-9508)
(002-530-8397-9076)
(002-530-8400-9199)
(005-550~615-9076)
(005-550-8615-9003)
(005-550-8620~198)
24,153,779.00
20,500,000.00
46,222,517.00
4,692,517.00
41,530,000.00
25,049,895.00
5,409,450.00
4,600,000.00
4,600,000.00
$ 30,000.00
(830,000.00)
320,300.00
5,124,700.00
1,370,000.00
830,000.00
800,000.00
455
8) Transfer from
General Revenue
9) Appropriated from
General Revenue
10)Appropriated from
Series 2002 Bonds
11)Appropriated from
General Revenue
12) Appropriated from
Series 2002 Bonds
13) Appropriated from
General Revenue
14) Appropriated from
Series 2002 Bonds
15) Buildings and
Structures
16) Economic
Development
17) Stadium/
Amphitheater
18) Flood Reduction
19) Riverside Centre
for Research
and Technology
20) Curb, Gutter and
Sidewalk
21) Transfer from
General Fund
(005-110-1234-1283)
(007-310-9574-9003)
(007-310-9574-9076)
(008-052-9573-9003)
(008-052-9573-9076)
(008-530-9758-9076)
(008-530-9758-9076)
(008-052-9710-9173)
(008-052-9710-9178)
(008-052-9710-9179)
(008-530-9711-9185)
(008-530-9711-9187)
(008-530-9711-9195)
(008-110-1234-1037)
$ 830,000.00
3,424,574.00
2,500,000.00
(3,424,574.00)
(2,500,000.00)
( 830,000.00)
16,755,000.00
2,500,000.00
4,000,000.00
275,000.00
7,500,000.00
8,000,000.00
5,000,000.00
( 830,000.00)
456
22) Proceeds from
Issuance of
Series 2002 Bonds
(008-110-1234-1142)
$ 41,530,000.00
23) Appropriated from
Series 2002 Bonds
(031-060-6058-9076)
4,600,000.00
24) Proceeds from
Issuance of Series
2002 Bonds
(031-110-1234-1142)
4,600,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 2002.
No. 35767-030402.
A RESOLUTION highlighting the inadequacies of funds currently
received from the Commonwealth of Virginia and supporting the Virginia First Cities
Coalition plan of action to address a better financial structure between the State and
local government.
WHEREAS, Roanoke is one of the most vital urban centers in the
Commonwealth of Virginia directly providing quality services to 94,911 residents and
contributing to the State economy and the State's total employment base upon
which the State receives income tax and other indirect revenue, and
457
WHEREAS, there is growing disparity between the revenues the State
provides to cities and the mandates and transfer of responsibilities the State places
on local government, which has been further exacerbated by the State's restrictions
on the cities' authority to generate revenues, and
WHEREAS, the current State-City intergovernmental structure has not
kept pace with a changing economy, best business and management practices and
monetary drivers of high service responsibilities, most particularly in the areas of
education and transportation, and
WHEREAS, the Joint Legislative Audit Review Committee (JLARC) has
recently issued reports on the adequacy of State support for education and
transportation, and
WHEREAS, the State generally governs public education and sets the
Standards of Quality (SOQ) which are the base standards that all public elementary
and secondary schools must meet, and
WHEREAS, JLARC found that the State typically pays about forty
percent (40%) of public elementary and secondary school costs and less than
fifty-five percent (55%) of the costs of the minimum standards, and
WHEREAS, JLARC further found that localities have valid reasons to be
concerned about their level of responsibility for educational costs, and
WHEREAS, the City of Roanoke in order to address the inadequate State
funds for education provides an amount to the Roanoke Public Schools that is
equivalent to approximately ninety-five percent (95%) of the entire proceeds the City
receives from the real property tax, and
WHEREAS, similarly the recently issued J LARC study of Transportation
activities revealed that the State Highway Maintenance program is under-funded, and
WHEREAS, this same study revealed over forty percent (40%) of
Virginia's bridges were in need of repair or rehabilitation, and construction funds
will be insufficient to pay for highway projects identified as legislative priorities over
the next ten (10) years, and
WHEREAS, the above findings were shared with the Virginia First Cities
Coalition, and a work plan developed by the Coalition to seek redress from the State,
and
458
WHEREAS, the funding for education and transportation in the
amendments proposed for the current FY 02 and FY 03-04 State budgets will result
in significant negative impacts and impede the economic viability of the cities arid the
Commonwealth of Virginia as a whole, and
WHEREAS, the proposed First Virginia Cities Work Plan includes
strategies to address this critical under funding; now, therefore,
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the Council endorses the efforts of the Virginia First Cities
Coalition to cause the State to work collaboratively with the cities to adopt and
implement comprehensive structural changes to the intergovernmental relationship
and most immediately provide adequate funding for education and transportation and
authorizes the City Manager to take such actions as are necessary to support this
effort.
a
include, to:
That the work plan of the Coalition be endorsed. The actioF, s will
a. Work with the Governor and his administration to
develop an urban strategy that responds to the urgent
needs of cities by redesigning the state-local relationship
to balance service responsibilities with revenue capacity,
and change the tax structure and other revenue controls to
recognize new economic opportunities for the state and
localities;
b. Work with the Governor and General Assembly to
provide adequate State funds to cities for education and
transportation programs;
c. Support state legislation that provides the needed
local flexibility in the generation of additional revenue for
regional transportation improvements and the use of VDOT
funds for proper maintenance of urban streets in parity
with those in non-urban areas;
d. Implement strategies of public outreach to enhance
the public's understanding of the underfunding and obtain
support for immediate action for reform; and
459
e. Examine and pursue other appropriate means, up to
and including the study of the feasibility of legal redress, if
necessary, to seek and obtain adequate funding from the
State.
That this resolution shall be in effect from and after its adoption.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
460 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35768~31802.
A RESOLUTION authorizing the City Manager to execute a new Parking
Agreement between the City and First Union National Bank (FUNB) to become
effective retroactively to December 16, 2001; and authorizing the City Manager to
renew the Parking Agreement for up to two additional one year periods.
WHEREAS, the City and FUNB entered into a Parking Agreement dated
October 14, 1998, providing for parking permits in the Tower Parking Garage from
December 16, 1998, through December 15, 1999, and which provided for two
renewals thereafter; and
WHEREAS, the City granted FUNB two renewals of the 1998 Parking
Agreement, which terminated on December 15, 2001; and
WHEREAS, FUNB has requested a new Parking Agreement with the City
that will provide for FUNB to purchase a minimum of 175 and a maximum of 200
parking permits for a one year period of time from December 16, 2001, through
December 15, 2002, with up to two one year renewals, at a rate of $45 per parking
permit per month in order for FUNB to have parking spaces available for the 175 job
positions FUNB has agreed to maintain in Roanoke's Enterprise Zone One; and
WHEREAS, City Council believes it to be in the best interest of the City
to provide FUNB the parking permits.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively, a new Parking Agreement
between the City and FUNB for a one year period, from December 16, 2001, through
December 15, 2002, with up to two one year renewals, that will provide that FUNB
will maintain 175 job positions in Roanoke's Enterprise Zone One, that FUNB may
purchase a minimum of 175 and up to a maximum of 200 parking permits for the one
year and/or renewal period at a rate of $45 per parking permit per month, and that
will provide such other terms and conditions as the City Manager deems
appropriate, all as more fully set forth in the City Manger's letter to Council dated
March 18, 2002.
461
2. The new Parking Agreement will be substantially similar to the
one attached to the above mentioned City Manager's letter, and shall be approved
as to form by the City Attorney.
3. The City Manager is further authorized to renew the Parking
Agreement for up to the two one year renewal periods mentioned above and to take
such action and execute such documents as may be reasonably necessary to
provide for the implementation and administration of such Parking Agreement.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35769-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Operating
Civic Center - Operating (1) ..............................
Capital Outlay
Civic Center - Capital Outlay (2) ...........................
$ 3,030,941.00
28,195.00
1,236,297.00
717,997.00
462
Retained Earnings
Retained Earnings - Available for Appropriation (3) ............ $ 241,000.00
1) Expendable
Equipment (005-550-2105-2035) $ 15,000.00
2) Other Equipment (005-550-2108-9015) 220,000.00
3) Retained Earnings -
Available for
Appropriation (005-3348) (235,000.00)
BE IT FURTHER ORDAINED that, an emergencyexisting, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker Ralph K. Smith
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35770-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Transportation Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Transportation Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Operating
Williamson Road Parking Garage (1) .........................
Retained Earnings
Retained Earnings - Available for Appropriation (2) ...............
1) CDBG Program Inc.
Paid to Grant Fund
2) Retained Earnings -
Available for
Appropriation
(007-540-8205-2190) $ 23,657.00
(007-3348)
(23,657.00)
463
$ 339,149.00
130,998.00
216,768.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Ralph K Smith
Mayor
ATTEST:
Mary F. Parker
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35771-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
464
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development
Roanoke Passenger Station Renovation (1) .................
Revenues
Intergovernmental (2) .....................................
1) Appropriated from
State Grant Funds
2) Roanoke Passenger
Station - TEA-21
FY02
(008-530~900~007) $ 488,000.00
(008-530-9900~900)
488,000.00
$ 6,016,143.00
1,238,000.00
2,650,556.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35772-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
465
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges
Hunter Viaduct Removal (1-2) .............................
Broadway Street Bridge (3) ...............................
Memorial Bridge Rehabilitation (4-6) .......................
25,363,304.00
4,091,996.00
209,213.00
1,452,418.00
Capital Improvement Reserve
Public Improvement Bonds - Series 1999 (7) .................
23,212,248.00
2,365,748.00
1) Appropriated from
General Revenue
(008-052-9636-9003)
$ (210,000.00)
2) Appropriated from
Bond Funds
Series 1996
(008-052-9636-9088)
(69,813.00)
3) Appropriated from
Bond Funds
Series 1999
(008-052-9683-9001)
(35,441.00)
4) Appropriated from
General Revenue
(008-530-9772-9003)
210,000.00
5) Appropriated from
Bond Funds
Series 1996
(008-530-9772-9088)
69,813.00
6) Appropriated from
Bond Funds
Series 1999
(008-530-9772-9001)
924,372.00
7) Bridges
(008-052-9709-9190)
(888,931.00)
466
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35773-031802.
AN ORDINANCE accepting the bid of MBC Construction, Inc. for the
rehabilitation of Memorial Bridge, Structure Number 1826, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of MBC Construction, Inc. in the amount of $1,147,789.75
for the rehabilitation of Memorial Bridge, Structure Number 1826, as is more
particularly set forth in the City Manager's letter dated March 18, 2002, to this
Council, such bid being in full compliance with the City's plans and specifications
made therefor and as provided in the contract documents offered the bidder, which
bid is on file in the Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form as is approved by the City Attorney,
and the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
467
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35774-031802.
A RESOLUTION establishing certain fees for the provision of certain
emergency medical services; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The schedule of fees due to the City for the below-listed
emergency medical services provided by the City and/or Roanoke Emergency
Medical Services, Inc., shall be as follows:
Basic Life Support (Non-Emergency)
Basic Life Support (Emergency)
Advanced Life Support (Non-Emergency)
Advanced Life Support (Emergency)
Advanced Life Support (Level 2)
$175.00
28O.O0
210.00
330.00
475.00
468
2. 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, shall be amended
to reflect the foregoing new fees under the heading of Emergency Medical Services.
April 1, 2002.
This Resolution shall be in full force and effect on and after
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35775-031802.
A RESOLUTION amending the City of Roanoke's 2001-2001
Consolidated Plan Annual Update regarding Consultant Services for the
Bullitt-Jamison Pilot Project, and authorizing the City Manager to execute and
submit the necessary documents to the United States Department of Housing
and Urban Development (HUD).
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager is authorized to execute and submit to HUD the necessary documents for
amending the City of Roanoke's 2001-2002 Consolidated Plan Annual Update
469
regarding Consultant Services for the Bullitt-Jamison Pilot Project, as
particularly set
March 18, 2002.
ATTEST:
Mary F. Parker
City Clerk
more
forth in the City Manager's letter to this Council dated
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35776-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Fleet Management Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Fleet Management Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $ 2,510,500.00
Vehicle Replacement Program FY02 (1-2) ..................... 1,157,500.00
1) Appropriated from
Capital Lease
2) Appropriated from
Capital Lease
(017-440-9852-9035)
$ 646,977.00
(017-440-9853-9168)
510,523.00
470
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35777-031802.
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA, ACCEPTING THE BID OF KOCH FINANCIAL CORPORATION AND
AWARDING AND APPROVING THE FORM AND THE TERMS, CONDITIONS AND
PROVISIONS OF AN EQUIPMENT LEASE PURCHASE AGREEMENT RELATING TO
THE ACQUISITION OF VEHICULAR EQUIPMENT BY THE CITY, BY AND BETWEEN
KOCH FINANCIAL CORPORATION, AS LESSOR, AND THE CITY, AS LESSEE, AND
AUTHORIZING THE EXECUTION AND DELIVERYTHEREOF; APPROVING THE FORM
AND THE TERMS, CONDITIONS AND PROVISIONS OF AN ESCROW AGREEMENT,
BY AND AMONG THE CITY, KOCH FINANCIAL CORPORATION AND SUNTRUST
BANK, AS ESCROW AGENT, AND AUTHORIZING THE EXECUTION AND DELIVERY
THEREOF; AUTHORIZING THE MEMBERS OF THE COUNCIL AND THE OFFICIALS
AND EMPLOYEES OF SUCH CITY TO TAKE FURTHER ACTION TO CARRY OUT THIS
RESOLUTION AND THE TRANSACTIONS CONTEMPLATED HEREBY AND BY THE
AFOREMENTIONED EQUIPMENT LEASE PURCHASE AGREEMENT AND ESCROW
AGREEMENT; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AND
REJECTING ALL OTHER BIDS.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA:
471
SECTION 1. Findings and Determinations. The Council (the "Council")
of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows:
(a) The Council has determined that it is necessary and desirable for
the City to acquire certain vehicular equipment in connection with the performance
of its governmental functions.
(b) The Council has further determined that it is desirable for the City
to finance the acquisition of such equipment through an equipment lease purchase
agreement financing.
(c) The Iow bid of Koch Financial Corporation with an interest rate
of 3.74 percent is hereby ACCEPTED.
(d) In order to accomplish such financing, the City has determined
to enter into an Equipment Lease Purchase Agreement (the "Equipment Lease
Purchase Agreement"), by and between Koch Financial Corporation, as Lessor (the
"Leasing Corporation"), and the City, as Lessee, under and pursuant to which the
Leasing Corporation will advance the amount of $1,157,500 to provide the funds for
the acquisition of the vehicular equipment described in Exhibit A attached thereto
(the "Equipment").
(e) The Equipment is essential for the City to perform its
governmental functions.
(f) Pending the application of the funds to be made available by the
Leasing Corporation under and pursuant to the Equipment Lease Purchase
Agreement, it is contemplated that such funds will be delivered by the Leasing
Corporation to SunTrust Bank, as Escrow Agent (the "Escrow Agent"), pursuant to
an Escrow Agreement (the "Escrow Agreement"), by and among the City, the
Leasing Corporation and the Escrow Agent, for deposit into the Equipment
Acquisition Fund established under the Escrow Agreement and applied to the
acquisition of the Equipment in accordance with the provisions of the Escrow
Agreement.
(g) The City has taken, or will undertake, the necessary steps,
including those relating to any applicable legal bidding requirements under the
Virginia Procurement Act, to arrange for the acquisition of the Equipment.
(h) The City proposes to enter into the Equipment Lease Purchase
Agreement and the Escrow Agreement in substantially the forms presented to the
meeting of the Council at which this Resolution is being adopted.
472
SECTION 2. Approval of the Form of the Equipment Lease Purchase
A~lreement and the Terms, Conditions and Provisions Thereof; Execution and
Delivery of the Equipment Lease Purchase A;Ireement. The form of the Equipment
Lease Purchase Agreement presented to and filed with the minutes of the meeting
of the Council at which this Resolution is being adopted and the terms, conditions
and provisions thereof (including in particular the Base Payments required to be
paid under Section 3.5(a)thereof as set forth in Exhibit B thereto) are hereby
approved, ratified and confirmed, and the City Manager or her designee is hereby
authorized and directed to execute and deliver to the Leasing Corporation the
Equipment Lease Purchase Agreement in such form, together with such changes as
shall be approved by the City Manager or her designee executing the same upon the
advice of counsel to the City (including the City Attorney and Bond Counsel to the
City), such approval to be conclusively evidenced by the execution thereof by the
City Manager or her designee.
SECTION 3. Approval of the Form of the Escrow A;Ireement and the
Terms, Conditions and Provisions Thereof; Execution and Delivery of the Escrow
Apreement; Approval of Appointment of Escrow A;lent. (a) The form of the Escrow
Agreement presented to and filed with the minutes of the meeting of the Council at
which this Resolution is being adopted and the terms, conditions and provisions
thereof are hereby approved, ratified and confirmed, and the City Manager or her
designee hereby authorized and directed to execute and deliver the Escrow
Agreement to the Escrow Agent and the Leasing Corporation, together with such
changes as shall be approved by the City Manager or her designee executing the
same upon the advice of counsel to the City (including the City Attorney and Bond
Counsel to the City), such approval to be conclusively evidenced by the execution
thereof by the City Manager or her designee.
(b) The Council hereby approves the appointment of SunTrust Bank
as Escrow Agent under the Escrow Agreement.
SECTION 4. Tax Covenant. The City covenants and agrees to comply
with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of
1986 and the applicable Treasury Regulations promulgated thereunder throughout
the term of the Equipment Lease Purchase Agreement.
SECTION 5. Further Action of the Council and of the Officials and
Employees of the City. The members of the Council and the officials and employees
of the City are hereby authorized and directed to take any and all such further action
as upon advice of counsel to the City they shall deem necessary or desirable in
473
order to carry out, give effect to and consummate the transactions contemplated by
this Resolution and by the terms of the Equipment Lease Purchase Agreement and
the Escrow Agreement and by any of the documents referred to herein or therein or
approved hereby or thereby.
SECTION 6. Rejecting Other Bids. Any and all other bids made to the
City for the lease purchase of vehicular equipment are hereby REJECTED, and the
City Clerk is directed to notify each such bidder and to express the City's
appreciation for such bid.
SECTION 7. Repeal of Conflicting Resolutions. All resolutions, or
portions thereof, heretofore adopted by the Council which are in conflict or
inconsistent with this Resolution are hereby repealed to the extent of such
inconsistency.
SECTION 8. Effectiveness of Resolution.
effective from and after its adoption.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
This Resolution shall be
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35778-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General, Civic Center and Department of Technology Funds
Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
474
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General, Civic Center and Department of
Technology Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
General Government (1-21) .............................. $ 12,110,891.00
Judicial Administration (22-31) ........................... 6,419,183.00
Public Safety (32-43) ................................... 46,864,491.00
Public Works (44-54) ................................... 24,861,834.00
Health and Welfare (55-61) .............................. 27,347,000.00
Parks, Recreation and Cultural (62-65) .................... 4,952,669.00
Community Development (66-71) ......................... 5,230,213.00
Nondepartmental (72) .................................. 71,717,871.00
Civic Center Fund
Appropriations
Operating (73) ......................................... 3,103,941.00
Revenues
Nonoperating (74) ...................................... 1,786,685.00
Department of Technolo_~y
Revenues
Operating (75-76) ...................................... 4,183,224.00
1) Department
2) Department
PC Rental
3) Department
4) Department
PC Rental
5) Department
6) Department
7) Department
8) Department
9) Department
10) Department
11) Department
PC Rental
12) Department
13) Department
PC Rental
14) Department
15) Department
16) Department
17) Department
18) Department
19) Department
PC Rental
of Technology
of Technology-
of Technology
of Technology-
of Technology
of Technology
of Technology
of Technology
of Technology
of Technology
of Technology-
of Technology
of Technology-
of Technology
of Technology
of Technology
of Technology
of Technology
of Technology-
(001-110-1234-7005)
(001-110-1234-7007)
(001-130-1233-7005)
(001-130-1233-7007)
(OOl-2OO-111o.7oo5)
(001-210-1220-7005)
(001-220-1120-7005)
(001-230-1235-7005)
(001-240-1240-7005)
(001-250-1231-7005)
(001-250-1231-7007)
(001-250-1232-7005)
(001-250-1232-7007)
(001-260-1310-7005)
(001-300-1211-7005)
(001-340-1261-7005)
(001-340-1263-7005)
(001.410-1212-7005)
(001-440-1237-7007)
$(151,196.00)
(20,000.00)
(183,788.00)
(20,000.00)
6,712.00
10,524.00
4,364.00
7,208.00
5,092.00
(443,850.00)
(20,000.00)
(10,304.00)
(30,000.00)
2,792.00
1,768.00
56,624.00
9,600.00
55,596.00
( 804.00)
475
476
20) Department of Technology
21) Department of Technology
22) Department of Technology
23) Department of Technology
24) Department of Technology-
PC Rental
25) Department of Technology
26) Department of Technology
27) Department of
28) Department of
29) Department of
PC Rental
30) Department of
31) Department of
32) Department of
33) Department of
34) Department of
PC Rental
Technology
Technology
Technology-
Technology
Technology
Technology
Technology
Technology-
35) Department of Technology
36) Department of Technology
37) Department of Technology
38) Department of Technology-
PC Rental
(001-440-1260-7005)
(001-660-1214-7005)
(001-120-2111-7005)
(001-121-2130-7005)
(001-121-2130-7007)
(001-122-2131-7005)
(001-124-2120-7005)
(001-125-2110-7005)
(001-140-2140-7005)
(001-140-3310-7007)
(001-150-2210-7005)
(001-150-2211-7005)
(001-430-4130-7005)
(001-430-4170-7005)
(001-520-3211-7007)
(001-520-3212-7005)
(001-520-3521-7005)
(001-610-3410-7005)
(001-631-3330-7007)
$ 42,796.00
20,368.00
55,992.00
(4,510.00)
5,000.00)
2,760.00
1,460.00
4,848.00
96.00
(14,276.00)
32,058.00
480.00
73,912.00
8,292.00
(5,564.00)
348.00
10,284.00
49,544.00
104.00
39) Department of Technology-
PC Rental
40) Department of Technology-
PC Rental
41) Department of Technology-
PC Rental
42) Department of Technology
43) Department of Technology
44) Department of Technology
45) Department of Technology
46) Department of Technology-
PC Rental
47) Department of Technology
48) Department of Technology-
PC Rental
49) Department of Technology
50) Department of Technology-
PC Rental
51) Department of Technology
52) Department of Technology
53) Department of Technology
54) Department of Technology-
PC Rental
55) Department of Technology-
PC Rental
56) Department of Technology-
PC Rental
(001-631-3350-7007) $ (
(001-631-3360-7007) (
(001-640-3111-7007)
(001-640-3113-7005)
(001-640-3114-7005)
(001-440-4220-7005)
(001-440-4330-7005)
(001-440-4330-7007)
(001-530-1280-7005)
(001-530-1280-7007)
(001-530-4110-7005)
(001-530-4110-7007)
(001-530-4160-7005)
(001-530-4210-7005)
(001-530 -4310-7005)
(001-620-4340-7007)
(001-630-1270-7007)
(001-630-5110-7007)
396.00)
2,396.00)
(99,928.00)
780.00
178,088.00
2,760.00
( 4O.OO)
(5,ooo.oo)
( 200.00)
(2,000.00)
(7,232.00)
(4,000.00)
36,150.00
20,292.00
2,604.00
(33,440.00)
(3,396.00)
( 996.00)
477
478
57) Department of Technology
58) Department of Technology-
PC Rental
59) Department of Technology
60) Department of Technology
61) Department of Technology
62) Department of Technology
63) Department of Technology
64) Department of Technology-
PC Rental
65) Department of Technology
66) Department of Technology
67) Department of Technology
68) Department of Technology
69) Department of Technology
70) Department of Technology-
PC Rental
71) Department of Technology
72) Transfer to Civic Center Fund
73) Department of Technology
74) Transfer from General Fund
75) Billings to General Fund
(001-630-5311-7005)
(001-630-5311-7007)
(001-630-5313-7005)
(001-630-5314-7005)
(001-630-5316-7005)
(001-620-7110-7005)
(001-650-2150-7005)
(001-650-2150-7007)
(001-650-7310-7005)
(001-310-8120-7005)
(001-610-8110-7005)
(001-615-8111-7005)
(001-615-8112-7005)
(001-615-8112-7007)
(001-615-8113-7005)
(001-250-9310-9505)
(005-550-2105-7005)
(005-110-1234-0951 )
(013-110-1234-0952)
$ (32,396.00)
(7,000.00)
4,104.00
4,104.00
4,104.00
103,412.00
( 100.00)
(4,000.00)
98,016.00
8,772.00
99,044.00
3,020.00
(6,480.00)
(4,O00.0O)
5,520.00
88,000.00
88,000.00
88,000.00
(88,000.00)
479
76) Billings to Civic
Center Fund
(013-110-1234-0956)
$ 88,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35779-031802.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 School Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 School Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Education $ 129,646,971.00
Urgent School Renovation and Technology Grant (1) .............. 86,339.00
Urgent School Renovation and Technology Grant (2) .............. 102,952.00
Reve n u e s
Education 127,892,152.00
Urgent School Renovation and Technology Grant (3) .............. 189,291.00
480
1) Additional Machinery
and Equipment
2) Buildings
3) Federal Grant Receipts
(030-062-6836-6102-0821)
(030-062 -6836-6102 -0851 )
(030-062-6836-1102)
86,339.00
102,952.00
189,291.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35780-031802.
AN ORDINANCE providing for the acquisition of property located
between 117 and 123 Salem Avenue, S.W., and identified by Roanoke City Tax Map
Nos. 1010409, 1010410, and 1010411, from Virginia Vaughan, authorizing the proper
City officials to execute and attest any necessary documents for this acquisition;
and dispensing with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for parking adjacent to warehouses located at
117-119 Norfolk Avenue, the City wants and needs fee simple title to property
located between 117 and 123 Salem Avenue, S.W., and identified by Roanoke
City Tax Map Nos. 1010409, 1010410, and 1010411, as more specifically set
forth in the City Manager's letter to Council dated March 18, 2002 and attachments
481
thereto. The proper City officials are authorized to execute and attest the necessary
documents, in form approved by the City Attorney, to acquire for the City from the
respective owner the fee simple title to the parcels, for a consideration not to exceed
$205,000.00.
2. The City's purchase of the property bearing Official Tax Nos.
1010409, 1010410, and 1010411 from Virginia Vaughan, is subject to the City
being able to obtain a satisfactory environmental assessment of the property
and an acceptable title report.
3. Upon delivery to the City of a deed, approved as to form and
execution by the City Attorney, the Director of Finance is directed to pay the
consideration to the owner, certified by the City Attorney to be entitled to the
same.
4. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35781-031802.
AN ORDINANCE authorizing the City Manager to execute an agreement,
deed and any related and necessary documents providing for the sale and
conveyance of City-owned property located on Nelms Lanes, N.E., and being
identified as Official Tax No. 7400500, to James E. and Betty W. Whittaker, upon
certain terms and conditions, and dispensing with the second reading of this
ordinance.
482
WHEREAS, a public hearing was held on March 18, 2002, pursuant to
"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 said conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for
and on behalf of the City, to execute and attest, respectively, an agreement, deed
and any related and necessary documents providing for the sale and conveyance of
City-owned property located on Nelms Lanes, S.W., and being a portion of Official
Tax No. 7400500, to James E. and Betty W. Whittaker for the consideration of
$500.00, upon the terms and conditions set forth in the City Manager's letter to this
Council dated March 18, 2002.
2. All documents necessary for this conveyance shall be in
form approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
483
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35782-040102.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 General and Grant Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Transfer to Grant Fund (1) ..........................
Contingency (2) ...................................
71,601,871.00
71,096,567.00
377,577.00
Grant Fund
Appropriations
Judicial Administration
DCJS Exile Grant CY 2002 (3-14) .....................
887,467.00
174,014.00
Revenues
Judicial Administration
DCJS Exile Grant CY 2002 (15-16) ....................
887,467.00
174,014.00
1) Transfer to
Grant Fund
(001-250~310-9535) $
17,401.00
2) Contingency
(001-300-9410-2199)
(17,401.00)
484
3) Regular Employee
Salaries
4) City - Retirement
5) ICMA Match
6) FICA
7) Medical Insurance
8) Dental Insurance
9) Life Insurance
10) Disability Insurance
11) Advertising
12) Administrative
Supplies
13) Mileage
14) Other Rental
15) State Grant
16) Local Match
(035-150-5142-1002)
(035-150-5142-1105)
(035-150-5142-1116)
(035-150-5142-1120)
(035-150-5142-1125)
(035-150-5142-1126)
(035-150-5142-1130)
(035-150-5142-1131)
(035-150-5142-2015)
(035-150-5142-2030)
(035-150-5142-2046)
(035-150-5142-3075)
(035-150-5142-5143)
(035-150-5142-5144)
116,317.00
7,024.00
1,690.00
8,598.00
5,736.00
403.00
886.00
310.00
10,000.00
2,400.00
8,650.00
12,000.00
156,613.00
17,401.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
Mary F. Parker
City Clerk
Mayor
485
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35783-040102.
A RESOLUTION accepting the Virginia Exile Grant offer made to the City
by the Department of Criminal Justice Services and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the offer made to the
City by the Department of Criminal Justice Services of the Virginia Exile grant in the
amount of $174,014.00, the grant requires a cash match of $17,401.00, such grant
being more particularly described in the letter of the City Manager, dated
April 1,2002, upon all the terms, provisions and conditions relating to the receipt of
such funds.
2. The City Manager and the City Clerk, are hereby authorized to
execute, seal and attest, respectively, the grant agreement and all necessary
documents required to accept the grant, including any documents providing for
indemnification by the City that may be required for the City's acceptance of this
grant, all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional
information as may be required by the Department of Criminal Justice in connection
with the City's acceptance of this grant.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
486 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35784-040102.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Economic Development
Precision Technology (1) .............................
$ 24,193,640.00
88,515.00
General Government
Environmental Issues (2) .............................
Greater Gainsboro Infrastructure (3-4) ..................
15,434,031.00
1,990,816.00
1,858,700.00
Parks, Recreation and Cultural Gainsboro Library (5) ................................
10,953,741.00
181,075.00
Streets and Bridges
50/50 Curb, Gutter, Sidewalk (6) ........................
Williamson Road Improvements (7) .....................
Peters Creek Road Street Light (8) ......................
24,410,066.00
10,000.00
463,693.00
40,000.00
Capital Improvement Reserve
Capital Improvement Reserve (9) .......................
23,186,139.00
375,391.00
1) Appropriated from
General Revenue
(008-310-9685-9003)
$ (21,485.00)
2) Appropriated from
General Revenue
(008-052-9670-9003)
(25,000.00)
· ' 487
3) Appropriated from
Bond Funds
Series 1999
(008-410-9625-9001)
4,307.00
4) Appropriated from
General Revenue
(008-410-9625-9003)
144,594.00
5) Appropriated from
General Revenue (008-052-9626-9003)
(12,000.00)
6) Appropriated from
General Revenue (008-052-9635-9003
(40,000.00)
7) Appropriated from
Bond Funds
Series 1999
(008-052-9716-9001 )
( 4,307.00)
8) Appropriated from
General Revenue
(008-530-9771-9003)
(20,000.00)
9) Buildings and
Structures (008-052-9575-9173) (26,109.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
· mith
Mayor
488 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35785~40102.
AN ORDINANCE accepting the bid of Breakell, Inc. for the construction
of improvements, including water, sanitary sewer, storm drainage, curb and
sidewalk, paving, landscaping and associated work, within the Greater Gainsboro
Redevelopment Area in connection with Phase II of the Infrastructure Improvements
to the Greater Gainsboro Redevelopment Area Project, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Breakell, Inc. in the amount of $496,183.93 for the
construction of improvements, including water, sanitary sewer, storm drainage, curb
and sidewalk, paving, landscaping and associated work, within the Greater
Gainsboro Redevelopment Area in connection with Phase II of the Infrastructure
Improvements to the Greater Gainsboro Redevelopment Area Project, as is more
particularly set forth in the City Manager's Letter dated April 1,2002, to this Council,
such bid being in full compliance with the City's plans and specifications made
therefor and as provided in the contract documents offered the bidder, which bid is
on file in the Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on
behalf of the City, to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications
made therefor, the contract to be in such form is approved by the City Attorney, and
the cost of the work to be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the above work are
hereby REJECTED, and the City Clerk is directed to notify each such bidder and to
express to each the City's appreciation for such bid.
489
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35786-040102.
AN ORDINANCE authorizing the City Manager to execute any necessary
documents or agreements in connection with the Street Lighting Agreement
between the City and Appalachian Power Company, d/b/a American Electric Power
(AEP), dated July 1, 1995, in order for AEP to provide the appropriate street lights
and associated electrical work for Phase II of the Infrastructure Improvements to the
Greater Gainsboro Redevelopment Area Project; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute any necessary
documents or agreements, in a form approved by the City Attorney, in connection
with the Street Lighting Agreement between the City and AEP dated July 1, 1995, in
order for AEP to provide the appropriate street lights and associated electrical work
for Phase II of the Infrastructure Improvements to the Greater Gainsboro
Redevelopment Area Project, in an amount not to exceed $350,000, as is more fully
set forth in the City Manager's letter to this Council dated April 1, 2002.
490 -
2. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35787-040102.
A RESOLUTION authorizing the City Manager to submit a street
inventory for State maintenance payment eligibility to the Virginia Department of
Transportation (VDOT), upon forms prescribed by VDOT for approval by the
Commonwealth Transportation Board, in order to ensure the City's eligibility for
State maintenance funds.
WHEREAS, the Code of Virginia (1950), as amended, establishes
eligibility criteria for localities for receiving funds from VDOT for street maintenance
purposes; and
WHEREAS, inventory additions are required to be submitted to VDOT
in order to be eligible for payment.
491
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager is authorized to submit inventory additions to VDOT for
approval by the Commonwealth Transportation Board in order to ensure the City's
eligibility for State street maintenance funds, as set forth in the City Manager's
report dated April 1, 2002, and its attachment.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35788-040102.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Consortium Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Consortium Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment & Training Consortium $ 3,702,872.00
Drug Court Placement (1-6) ............................. 5,625.00
Revenues
Fifth District Employment & Training Consortium Drug Court Placement (7) ..............................
3,702,872.00
5,625.00
492
1) Wages
2) Fringes
3) Communication
4) Supplies
5) Miscellaneous
6) Support Services
7) Drug Court Placement
(034-633-2195-8350)
(034-633-2195-8351)
(034-633-2195-8353)
(034-633-2195-8355)
(034-633-2195-8360)
(034-633-2195-8461)
(034-633-2195-2195)
2,500.00
625.00
500.00
500.00
500.00
1,000.00
5,625.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
Ralph K. Smith
Mayor
Mary F. Parker
City Clerk
APPROVED
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35789-040102.
A RESOLUTION authorizing the City Manager or the City Council's
appointee to the Policy Board of the Fifth District Employment and Training
Consortium to execute an amendment extending an existing agreement by an
additional six months, with Family Service of Roanoke Valley.
493
BE IT RESOLVED by the City Council of the City of Roanoke as follows:
1. The City Manager or City Council's appointee to the Policy Board
of the Fifth District Employment and Training Consortium, and the City Clerk, are
hereby authorized, for and on behalf of the City, to execute and attest, respectively,
an amendment to the existing agreement with Family Service of Roanoke Valley,
dated January 2001, for the provision of services for Drug Court referrals, and
extending such agreement for an additional six months, within the limit of funds set
forth and for the purposes specified in the City Manager's report to this Council
dated April 1, 2002.
The amendment shall be in form approved by the City Attorney.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35790-040102.
A RESOLUTION designating the procurement method known as
competitive negotiation, rather than the procurement method known as competitive
sealed bidding, to be used for the procurement of Parking Ticket Issuance and
Management system and software services; and documenting the basis for this
determination.
WHEREAS, the City seeks to procure proposals from vendors to provide
the following:
494 -
A client based Parking Management System capable of
recording all identified data elements relative to our
current Parking Management requirements.
Hardware identified as required for remote citation data
collection, validation, and automated uploading.
Develop or assist in the development of both front and
backend interfaces to our current Cash Register Payment
Processing system.
Parking Permit functionality based on standard needs
assessment.
Open-ended data query process which allows the user to
easily address all reporting needs.
Assist in the implementation of this system and create
utilities that further the functionality of this system; and,
WHEREAS, this Council finds that the use of the procurement method
of competitive negotiation for the above mentioned services will allow for
consideration of the factors of experience, qualifications, references, customer
responsiveness, manpower allocation, financial management and quality of reports
as related to the vendor and software design, platform, functionality, reliability and
adaptability to interface which are of equal, if not greater, importance than the cost.
WHEREAS, City Council is of the opinion that such services should be
procured by competitive negotiation rather than competitive sealed bidding.
THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke
as follows:
1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke,
(1979), as amended, this Council finds that the procurement method known as
competitive sealed bidding is not practicable and/or is not fiscally advantageous to
the public for the reasons set forth above for the procurement of Parking Ticket
Issuance and Management system and software services.
., 495
2. City Council directs that the procurement method known as
competitive negotiation shall be used for the procurement of Parking Ticket
Issuance and Management system and software services, as more fully set forth in
the City Manager's Letter to this Council dated April 1, 2002.
3. This Resolution documents the basis for City Council's
determination.
APPROVED
Mary F. Parker
City Clerk
~~l~h K~, Smith~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35792-040102.
AN ORDINANCE amending, reordaining, and renaming §30-9.1, Sidewalk
obstructions, Article 1, In general, Chapter 30, Streets and Sidewalks, of the Code
of the City of Roanoke (1979), as amended, to provide for an outdoor dining permit
program to be implemented within the City of Roanoke, and directing amendment
of the Fee Compendium; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. Section 30-9.1, Sidewalk obstructions, Article 1, In general,
Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
496 -
§30-9.1. Outdoor dinina.
The City Manager shall be authorized to issue permits to
authorize placement of easily movable items, such as
tables, chairs, planters, trash receptacles, barriers and
chains, and other related items, upon designated portions
of the public sidewalks, right-of-way that has been closed
to vehicular traffic by City Council during the applicable
hours, and public property in any area of the city for the
purpose of permitting the area to be used by the permittee
for outdoor dining. Such permits may be issued on the
following terms and conditions:
(1) Such permits may be issued only to
such persons or entities which own or lease
property in the City of Roanoke and which
are licensed by the Virginia Department of
Health to serve food on or from such owned
or leased property. Such owned or leased
property shall be referred to in this section as
the permittee's premises.
(2) Such permits shall be revocable with
or without cause in the discretion of the city
manager. Upon revocation of a permit and
notice to the permittee, the city manager shall
be authorized to remove any items previously
permitted to be placed in the public
right-of-way or on public property and
dispose of the same.
(3) The issuance of such permits shall be
conditioned upon the permittee's agreement
to indemnify and hold harmless the city, its
officers, employees and agents, from all
claims, demands, damages, actions, causes
of action, or any fine or penalty, or suits of
any kind whatsoever, either at law or in
equity, including any claim for court costs or
497
attorney fees, for theft, damage to property,
injury to person, or death, arising out of the
construction, maintenance, use, operation or
removal, of any items permitted in the public
right-of-way or on public property, or out of
the conducting of outdoor dining activities in
the public right-of-way or on public property.
(4) The issuance of such permits shall be
conditioned upon the permittee's maintaining
general public liability insurance, naming the
city, its officers, employees and agents, as
additional named insureds with respect to
the construction, maintenance, use,
operation, or removal of any items, such as
tables, chairs, planters, trash receptacles,
barriers and chains, and other related items,
or the conducting of outdoor dining
activities, in the public right-of-way or on
public property, in the amount of not less
than one million dollars ($1,000,000.00), and
filing with the city's risk manager a current
certificate of insurance, demonstrating
continued compliance with this subsection.
Such insurance shall not be cancelled
without thirty (30) days written notice to the
city.
(5) The issuance of such permits shall be
conditioned upon the permittee's complying
with all applicable rules, regulations,
ordinances, laws or statutes, including those
regulations promulgated or enforced by the
Virginia Alcoholic Beverage Control Board
and the Virginia Board of Health.
(6) The permit issued pursuant to this
section shall not be transferable.
498 -
(7) Application for all of such permits for
the purpose of permitting an area to be used
by a permittee for outdoor dining shall be
made on forms provided by the city.
(8) The city manager may promulgate
additional terms or conditions applicable to
any or all of such permits issued for the
purpose of permitting an area to be used by
the permittee for outdoor dining which are
not inconsistent with the provisions in
this section. Violation of any of such
terms or conditions may result in revocation
of a permit.
(9) The application fee and any annual
permit fee for any permit issued for the
purpose of permitting an area to be used by
a permittee for outdoor dining pursuant to
this section shall be in such amounts as are
prescribed, from time to time, by the City
Council and published in the City's fee
compendium. Such fees shall be in addition
to any other applicable fees required by this
Code, or other applicable law, ordinance, rule
or regulation.
(10) Upon the issuance of any permit under
this section, the city manager shall
specifically designate the portion or portions
of the public sidewalks, right-of-way that has
been closed to vehicular traffic by City
Council during the applicable hours, or
public property upon which easily removable
items, such as tables, chairs, planters, trash
receptacles, barriers and chains, or other
related items, may be placed. Such a
designated area or areas shall be in close
proximity to the permittee's premises. If the
designated area or areas do not adjoin the
permittee's premises, the permittee must
obtain the written consent of the owner or
lessee of any private property which the
designated area or areas adjoin.
499
(11) Nothing contained in this section shall
be construed to relieve any permittee from
liability for any negligence or recklessness
with respect to the placement or maintenance
of easily removable items, such as tables=
chairs, planters, trash receptacles, barriers
and chains, and related items, or any other
exercise of the privileges authorized by such
permit.
(12) The decision of whether to grant an
outdoor dining permit shall be exclusively
that of the city manager. In deciding whether
to issue an outdoor dining permit, the city
manager shall consider whether the
permittee, by conducting outdoor dining, will
promote the general welfare and economy of
the City, whether the permittee has complied
with all of the requirements of this section
and any regulations promulgated by the city
manager, and whether the activity will
unreasonably interfere with the flow of
pedestrians or motor vehicles or otherwise
present a hazard or threat to the general
public health, safety and welfare.
2. The Fee 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, as amended, shall
be amended to include an application fee of $75.00, and annual permit fees as
follows: $6.50 per square foot of space permitted by the City Manager for calendar
year 2002, $7.00 per square foot of space permitted by the City Manager for calendar
year 2003, and $8.00 per square foot of space permitted by the City Manager for
calendar year 2004, as set forth in the letter dated March 18, 2002, from the City
Manager to this Council.
500
3. Pursuant to §12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The I st day of April, 2002.
No. 35793-040102.
AN ORDINANCE amending Section 20-77 through and including 20-80
of Division 2 Residential Parking Permits, of Article IV, StoDDin_~. Standinq and
Parkinq, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979),
as amended, amending the City's residential parking permit system; amending the
City's fee compendium to establish certain fees for such permits; and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 20-77 through and including 20-80 of Division 2
Residential Parkinq Permits, of Article IV, Stoppinq, Standing and Parking,
Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as
amended, is amended to read and provide as follows:
501
Article IV. Stopping, Standing and Parking
DIVISION 2: RESIDENTIAL PARKING PERMITS
§20-77. Residential Parking Permit Policy.
This division is adopted in order to manage traffic on
public streets within residential areas and within the
Downtown Service District; to reduce hazardous traffic
conditions caused by the use of such streets for vehicular
parking; to protect residential areas from unreasonable
noise and disturbance; to provide residents reasonable
access to their residences; to protect and preserve the
peace, tranquility, convenience and character of
residential neighborhoods located in close proximity to
commercial areas of the city, and to provide downtown
residents with reasonable access to parking within the
Downtown Service District (DSD).
§20-78. Definitions
Parking permit area shall mean a block, road, street, or
other area within the city in which the general parking of
vehicles is restricted but vehicles properly displaying a
valid permit or visitors pass are exempted from the posted
restriction.
Downtown Service District (DSD) has the boundaries of
the downtown service district as set out in Section
32-102.2 of this Code.
§20-79.
Designation & Revocation of Parking Permit
Areas
(a) The city manager may designate, by
written directive, parking permit areas within
the city. Prior to making such designation,
the city manager may call for a parking study
and shall conduct a community meeting(s) at
which interested parties may be heard on the
proposal to designate the subject area as a
parking permit area. At least seven days
502
prior to the meeting, public notice shall be
published in a newspaper of general
circulation in the city. The city manager may
also use any other means of notification
deemed appropriate. Within thirty (30) days
after completion of the last community
meeting, the city manager, based upon the
considerations set forth in 20-77, shall
approve or disapprove the designation of the
area as a parking permit area and, if
approved, establish the subject parking
regulation thereafter. In the case of the
Downtown Service District (DSD) a public
meeting and notification thereof is not
required; however, the City Manager shall
seek community input through various
means such as recommendations from
Downtown Roanoke Inc. (DRI). After the
receipt of community input regarding
potential designation of an area, within the
DSD as a parking permit area, the City
Manager may establish the subject parking
regulation.
(b) The city manager may revoke the
designation of the parking permit area at
anytime.
(c) The authority granted herein shall be in
addition to, and may be exercised in
conjunction with, any other authority the city
manager may have to regulate the times and
conditions of motor vehicle parking.
§20-80.
Permits Generally
(a) Following the designation of a
residential permit parking area by the city
manager, the city treasurer shall issue annual
residential parking permits for the area so
designated. Each adult resident within the
DSD will be allowed one application. Permit
parking areas outside the DSD will be limited
to one application from each household.
503
(b) An applicant for a permit shall present
his or her motor vehicle registration(s) and
operator's license indicating residence in the
designated permit area. No permit shall be
issued if the residential address displayed on
the vehicle registration(s) or the operator's
license is other than in the designated area.
(c) Upon application and payment of the
prescribed fee, one (1) permit shall be issued
for each motor vehicle registration presented,
not to exceed one (1) permit per adult
resident within the DSD or a maximum of four
(4) permits per household outside the DSD.
Each applicant from areas outside the
Downtown Service District (DSD) shall also
be issued two (2) complimentary visitor's
passes per household. Visitor passes will
not be issued for residents within the DSD.
(d) Permits shall be displayed on the left
rear bumper of the resident's vehicle. Visitor
passes shall be displayed in the left rear
window.
(e) Permits issued pursuant to this section
shall not be transferable, except as provided
in §20-83, and may be revoked by the city
treasurer in the event the treasurer
determines that the owner of the permit no
longer resides in the designated area. Upon
written notification of such revocation, the
holder of the permit shall surrender such
permit to the city treasurer.
(f) Replacement permits and passes shall
be issued for lost, damaged or stolen permits
or passes (where applicable) upon proof of
such loss, damage or theft. Damaged
504 ' -
permits or passes must be produced as proof
under this section. Verification of loss or
theft by a police incident report shall be
sufficient proof of loss or theft of any such
permit or pass under this section.
(g) One time "Special Event" parking
requiring multiple parking spaces may be
authorized upon application and approval of
the city manager.
(h) Participation in this program and
possession of a residential parking permit
shall in no way guarantee an individual the
availability of a parking space within their
block nor shall it exempt vehicles from
posted or statutory parking restrictions
unless explicitly posted within the
designated area.
2. The Fee 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 so the annual permit fee of five dollars ($5.00) applies to each residential
unit within the DSD for a maximum of one (1) permit per adult resident within the
residential unit in the DSD.
3. In order to provide for the usual operation of the municipal
government, an emergency is deemed to exist and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk Mayor
505
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35794-040102.
A RESOLUTION establishing a program providing for free parking for
certain downtown residents in certain City-owned or City-controlled parking garages
as recommended by the City Manager's letter and attachment, dated April 1, 2002.
WHEREAS, this Council seeks to encourage persons living downtown;
and
WHEREAS, the provision of adequate parking in the downtown area is
critical to the success of City Council's goal of encouraging downtown housing;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council approves and hereby establishes the program to
provide certain downtown residents free parking in certain City-owned or City-
controlled parking garages, the details of which are set forth in the City Manager's
letter and attachment, dated April 1, 2002.
2. This program shall take effect upon the adoption of this
resolution and shall be effective for one year with the option to renew the program
for two additional one year terms at the discretion of the City Manager.
ATTEST:
Mary F. Parker
City Clerk
APPROVED ~~
Ralph K. Smith
Mayor
506 -
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 2002.
No. 35795-040102.
AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Transportation Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 2001-2002 Transportation Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay
Salem Avenue Parking Lot (1) ...............................
Retained Earninqs
Retained Earnings - Available for Appropriation (2) ...............
1) Appropriated from
General Revenue
(007-430-8252-9003)
$ 205,000.00
2) Retained Earnings -
Available for
Appropriation
(007-3348)
(205,000.00)
$ 205,000.00
205,000.00
11,768.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
507
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35796-040102.
A RESOLUTION authorizing and directing the City Manager to execute
for and on behalf of the City a Consent Order with the Commonwealth of Virginia
State Water Control Board and the Department of Environmental Quality (DEQ)
resolving certain issues regarding the City's Regional Water Pollution Control Plant,
upon certain terms and conditions; and authorizing the City Manager to take such
further action and to execute and provide such further documents as may be
necessary to comply with or implement the provisions of such Consent Order.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized and directed to execute
for and on behalf of the City a Consent Order with the Commonwealth of Virginia
State Water Control Board and the Department of Environmental Quality resolving
certain issues regarding the City's Regional Water Pollution Control Plant, upon
certain terms and conditions, with the form of the Consent Order to be approvud by
the City Attorney, all as set forth in the City Manager's letter to this Council dated
April 1, 2002.
2. The Consent Order shall contain terms and conditions
substantially similar to those set forth in the draft Consent Order attached to the
above mentioned City Manager's letter.
3. The City Manager is further authorized to take such further action
and to execute and provide such further documents as may be necessary to comply
with and implement the provisions of such Consent Order, including, but not limited
to any necessary contracts or agreements with third parties to complete the
projects mentioned in the Consent Order and further to take such action as may be
necessary and appropriate and to enter into such additional necessary contracts or
agreements with third parties in order to implement and complete the items as called
for by such Consent Order.
508 -
4. By adopting this Resolution, City Council hereby expresses its
intent to fund, either through prior, simultaneous, or future appropriations, the funds
required for complying with the terms of the Consent Order.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35797-040102.
2002-2003
conditions.
A RESOLUTION approving the Roanoke Regional Airport Commission's
proposed operating and capital budget upon certain terms and
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport Commission Act,
as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of
Assembly, and the Roanoke Regional Airport Commission Contract dated
January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City
of Roanoke hereby approves the Airport Commission's 2002-2003 proposed
operating and capital budget, as well as a separate listing of certain proposed
capital expenditures, as more particularly set forth in a report from the Commission
to this Council, dated March 13, 2002.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
509
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 2002.
No. 35798-040102.
A RESOLUTION changing the time and place of commencement of the
regular meeting of City Council on Monday, April 15, 2002.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at
2:00 p.m. on Monday, April 15, 2002, in City Council Chambers at 215 Church
Avenue, S.W., is hereby rescheduled to commence at 12:00 Noon, Monday,
April 15, 2002, in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road,
N. W. in the City of Roanoke, for the purpose of recognizing participants in Student
Government Day, with such meeting to be adjourned after lunch and reconvened
in order for the remainder of the meeting be conducted at 2:00 p.m. on the same
date in City Council Chambers at 215 Church Avenue, S. W.
2. Resolution No. 35454-070201, adopted July 2, 2001, is hereby
amended to the extent it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be
posted adjacent to the doors of the Council Chambers and inserted in a newspaper
having general circulation in the City at least seven days prior to April 15, 2002.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor