HomeMy WebLinkAbout6/13/2016 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
June 13, 2016
City Manager’s Conference Room
City Hall
114 North Broad Street, Salem
6:30-7:30p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. Blight Abatement properties, Mary Ellen Wines
b. Fire – EMS Updates, John Prillaman
c. Other topics for discussion, City Manager
IV. Adjournment
City Council Meeting
Monday, June 13, 2016, 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the May 23, 2016 Work Session and regular
meetings of Salem City Council.
B.Financial Report
Consider the Acceptance of the Statement of Revenues and Expenditures for ten months
ending April 30, 2016.
5.Old Business
A.Tax Exempt Property City Code
Consider the Ordinance on second reading of Chapter 82, Article I, Section 82-8 amending
the City Code to direct triennial applications. (Passed on first reading at May 23, 2016
meeting.)
B.Vacation of Right of Way
Receive report of viewers and consider ordinance on first reading permanently vacating an
undedicated right of way located on the South side of Rose Lane approximately 340' to
North Stonewall Street, bounded on the East by the City of Salem. (Viewers appointed at
May 23, 2016 meeting.)
6.New Business
A.Vacation of Right of Way
Hold a public hearing and consider adoption of Resolution of 1296 appointing viewers to
consider permanently vacating two portions of Peery Drive with the right-of-way on the
northern and southern sides at Thompson Memorial Drive, containing less than 0.1 acre,
adjacent to "John's Bridge," in the City of Salem. (As advertised in the May 29, 2016 and
June 5, 2016 issues of the Roanoke Times.)
B.Roanoke Valley Resource Authority Joinder Public Hearing
Hold a public hearing to receive public comment on the joinder of the City of Salem to the
Roanoke Valley Resource Authority and on approval and execution of Amended and
Restated Articles of Incorporation of the Roanoke Valley Resource Authority for
accomplishing such joinder of City of Salem, Virginia, together with any related matters.
(As advertised in the May 12, 2016 issue of the Roanoke Times.)
C.Conv eyance of Property
Hold a public hearing and consider conveyance of 1271 Indiana Street, approximately 7.0
acres, more of less, being a portion of Tax Map # 198-6-2.1 and Tax Map # 219-1-1 in
relation to the joinder with the City of Salem and the Roanoke Valley Resource Authority.
(As advertised in the June 6, 2016 issue of the Roanoke Times.)
D.Roanoke Valley Resource Authority Joinder Agreement
Consider and adopt resolution 1293 approving the reorganization and expansion of the
Roanoke Valley Resource Authority by providing that the City of Salem join the authority,
approving and authorizing the execution of amended and restated Articles of Incorporation.
E.Roanoke Valley Resource Authority Members and Facilities Use Agreement
Consider adoption of Resolution 1294 authorizing the amended and restated Roanoke
Valley Resource Authority Members and Facilities Use Agreement, upon certain terms and
conditions.
F.Roanoke Valley Resource Authority Extension
Consider adoption of resolution 1295 authorizing and providing for an additional period of
time for the Roanoke Valley Resource Authority to exist as a corporation, upon certain
terms and conditions.
G.Amendment to Solid Waste Agreement
Consider request to amend the Solid Waste Disposal Agreement between the City of Salem
and Botetourt County.
H.Amendment to Solid Waste Agreement
Consider request to amend the Solid Waste Disposal Agreement between the City of Salem
and Craig County.
I.Public Improv ements Bond
Hold a public hearing and consider adoption of ordinance, with emergency provisions to
authorize the issuance of general obligation public improvement bonds in the City of Salem,
Virginia in an aggregate principal amount not to exceed $11,500,000. (As advertised in the
May 29, 2016 and June 5, 2016 issues of the Roanoke Times.) Audit - Finance Committee
J.General Obligation Public Improvement Bond
Consider adoption of resolution 1297 authorizing the issuance and sale of General
Obligation Public Improvement Bond, Series 2016A and Series 2016B. Audit - Finance
Committee
K.Appropriation of Funds
Consider request to accept and appropriate $10,245,561 in FY2016 bond proceeds for
capital projects. Audit - Finance Committee
L.Admissions Tax
Consider and adopt an ordinance imposing an admissions tax on certain events within the
City of Salem, by amending the admissions tax definitions and rate.
Audit - Finance Committee
M.Water Rates
Consider ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90-
257 of the City Code to adopt water rates for fiscal years 2017 - 2021. Audit - Finance
Committee
N.Sewer Rates
Consider ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section
90-303, Subdivision I, and Chapter 90 , Article IV, Division IV, Section 90-322, Subdivison
II, of the City Code to adopt changes pertaining to charges for sewage disposal for fiscal
years 2017 - 2021. Audit - Finance Committee
O.Appropriation of Funds
Consider request to accept and appropriate VML Insurance Programs (VMLIP) grant in the
amount of $2,899. Audit - Finance Committee
7.Closed Session
A.Closed Session
Hold a closed session pursuant to provision of Section 2.2-3711A(3) of the 1950 Code
of Virginia, as amended, to discuss property the City may wish to sell.
8.Adjournment
Audit Finance Committee, Monday, June 13, 2016, 8:00 a.m., City Manager's Conference Room
Work Session, Monday, June 13, 2016, 6:30 p.m., City Manager's Conference Room
mM# r/-r
DATE +-r.S-ltp
UNAPPROVED IVINUTES
CITY COUNCIL WORK SESSION
April r:., zo16
A work session of the Council of the City of Salem, Virginia, was held in the council
Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on Aprit 11,2016, at
5:30p.m., there being present the following members of said Council, to wit: Byron Randolph
Foley, lane w. Johnson, William D. lones, and James L. Chisom; with Byron Randolph Foley,
presiding; together with Kevin S. Boggess, City Manageri Rosemarie B. Jordan, Director of
Finance, Ms. Melinda Payne, Director of Planning and the following business was transacted:
Mayor Foley reported that this date, place, and time had been set in orderforthe Council
to hold a work session; and
WHEREAS, N4s. Payne updated Council regarding the Economic Development in Salem;
and
WHEREAS, lvlr. Boggess discussed with Council the vacancies to date for the Boards &
Commissions. Mr. Boggess asked Councilto consider how they would like to proceed with the
resumes we currently hold; and
WHEREAS, there was no further discussion to be had, Mayor Foley
ad.journed at 7:27 p.m.
N4ayor
Clerk ofCouncil
City Council Meeting
MINUTES
Monday. April I I. 201 6. 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Vrginia 24153
l. Call to Order
The meeting was called to order at 7:30 p.rn
2. Pledge of Allegiance
3. Bid Openings, Awards, Recognitions
4. Consent Agenda
A. Minutes
Consider acceptance of the minutes from the March 28, 2016 Work Session and
regular meetings of Salem City Council.
Received as presented
5. Old Business
A. Taxicabs
Consider issuance of Certificates of Public Convenience and Necessity for the next
twelve (12) montts, beginning April 1,2016; continued from March 14,2016
meeting. (Public hearing was held at January 25,2016 meeting and previously
advertised in the February 25, and March 3,2016, issues of the Salem Times
Register.)
Mr. Boggess stated the Salem Police Department has provided written
documentation showing the repairs have been made and recommends approval of
Certificate of Public Necessity and Convenience to Salem Cab Services, L[,C.
Vice-Mayor John Givem motioned to award the certificates of Public Necessity and
Convenience to Salem Cab Services, Lrc, trading as Salem Taxi and Roanoke Taxi.
William Jones seconded the motion
Ayes: Chisorrl Foley, Givens, Johrson, Jones
6. New Business
A. Presentation of Salem School Division Budget
Receive presentation from the chairman of the Salem School Board regarding the
2016-2017 budget pursuant to Secrion 8.5 ofthe 1950 Code ofVirginia, as
amended.
Received as presented
7. Closed Session
8. Adjoumment
Meeting adjoumed at 7:48 p.m
rEM#lta_
DATE 6 -13-lb
UNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
May 23,2016
A work session of the Council of the City of Salem, Virginia, was held in the City
Manager's Conference Room, 114 North Broad Street, Salem, Virginia, on lvlay 23, 2015, at 6:3o
p.m., there being present the following members of sa id Council, to wit: Byron Randolph Foley,
lane W. Johnson, william D. Jones, and James L. Chisom (absent); with Byron Randolph Foley,
presiding; together with Kevin S. Boggess, City Manageq Rosemarie B. Jordan, Director of
Finance, N,ls. Kari Walls, Director of Technology and the following business was transacted:
Mayor Foley reported that this date, place, and time had been set in orderfor the Council
to hold a work session; and
WHEREAS, Ms. Walls updated Council regarding the technology changes the
department made in Salem; and
WHEREAS, the committee then decided tojoin the reception for the Green Awards and
Forensics Team prior to the regularly scheduled Council meeting; and
WHEREAS, there was no further discussion to be had, lvlayor Foley
adjourned at 7:o1 p.m.
Mayor
Clerk of Council
City Council Meeting
MINUTES
Monday, May 23,2016.7:30 PM
Council Chambers, City Hall, 1 14 North Broad Street, Salem, Mrginia 24153
1. Call to Order
2. Pledge of Allegiance
3. Bid Openings, Awards, Recogritiors
4. Corsent Agenda
A. Minutes
Consider acceptance of the minutes of the May 9,2016 regtiar meeting. (There
was no Work Session held on May 9,2016.)
5. Old Business
A. 2016 - 2017 Budget Ordinance
Consider the ordinance on second reading to appropriate funds for the fiscal year
2016 -2017 budget. (Passed on first reading at May 9,2016 meeting.)
Mr. Jones stated he would like to pass the budget on second reading with the
condition that the Salem City School Board review the student tuition payment
structure and share that information at the CounciVSchool Board joint Work Session
meeting.
William Jones motioned to approve the budget ordinance on second reading to
appropriate funds for the fiscal year 2016 - 2017 budget. (Approved on first reading
at May 9,2016 meeting). Vice-Mayor John Givers seconded the motion.
Ayes: Foley, Givens, Johrsog Jones
Absent: Chisom
6, New Business
A. Green Awards
Presentation of City Council's Pride in Salem Green Awards
B. Salem High School Forensics Te.m
Consider adoption of Resolution 1290 commending the Salem High School
Forensics Team for winring the 2016 Group AA State Championship.
Jane Johnson motioned to adopt Resolution 1290 commending the Salem High
School Forensics Team for winning the 2016 Group AA State Chanpiorship. Mce-
Mayor John Givers seconded the motion.
Ayes: Foley, Givens, Jokson, Jones
Absent: Chisom
C. Vacation of Right of Way
Hold a public hearing to consider adoption of Resolution 1291 appointing viewers
to corsider permanently vacating an undedicated right ofway located on the South
side ofRose lane approximately 340'to North Stonewall Street, bounded on the
East by the City of Salern (As advertised onApril 28,2016 and May 5,2016
Salem Times Resister.l
Mr. Taliafeno stated there are electric lines on the property and if Council appoints
viewers it is recommended that Council vacate the irrplied interest the City has in
the street as the street was never dedicated to the City. The City received a letter
of support of the vacation from Jeff and Joanne Martin.
Mce-Mayor Givens stated he would like the City to keep the utility easement in the
Ordinance.
Mr. Michael Furry, the petitioner stated that he along with the other property owner,
Ms. Mollie Deberry are in favor of the vacation.
Ms. Deberry, the owner of 910 Rose lane, asked who would be responsible
for dividing the land distinguishing the property between the owners. Mr. Yost
stated the legal effect ofa vacation that is recorded in the ordinance is that the
division would be distributed to the owners ofthe adjacent properly from the
midline of the road.
Mr. Gregory Shears, stated he has been a care taker ofthe property and feels the
easement should be moved because the easement would be diffrcult for AEP to
access.
D.
Mr. Boggess stated with the existing easement being there the City has a right to run
utilities thnough the right ofway although it has never been dedicated and
tonight's discussion is to change ownership without the City giving up the right
to run utilities on the property. Due to the cost to rnove and/or vacate the utilities
there is no advantage to the City to do so, therefore the City would reserve the right
to maintain the easement.
There was no further discussion and the public hearing was closed.
William Jones motioned to adopt Resolution 1291 appointing viewers to consider
permanently vacating an undedicated right ofway located on the South side ofRose
l-ane approximately 340' to North Stonewall Street, bounded on the East by the City
of Salern Vice-Mayor John Givens seconded the motion
Ayes: Foley, Givers, Johnson, Jones
Absent: Chisom
Special Exception Permit
Hold a public hearing to consider the request of Moharned Hosny, property owner,
for the issuance of a Special Exception Permit to allow a two-family dwelling on the
property located at 10 Point Pleasant Avenue (Tax Map # 78-2-2). (As advertised in
the April 28 2016, and May 5,2016, issues of the Solem Times Register.
Recommend approval; see Page 1, Plaruring Commission minutes.) STAFF
REPORT
Mayor Foley asked if there was a representative in attendance to speak on behalf
of Mr. Mohamed Hosny, property owner of l0 Point Pleasant Avenue and there was
none_
Mr. Van Allman stated the said propefi located at l0 Point Pleasant Avenue, Tax
Map #78-2-2, is zoned residential single family and is currently being used as a
duplex. The records do not show when the conversion took place as the proper!
was formerly a part of Roanoke County. The records do show a second meter was
added in 1994.
Damion Gettier, real estate agent for Mr. Hosny stated the property is currently
listed for sale and there is a buyer involved. Due to the single family use zoning the
property can only be sold as a single family residence and would require extersive
remodeling to convert the property back to single family use being that it
is currently used as a duplex.
E.
Mr. Yost stated that Mr. Hosny acquired the property as a duplex in 2010 and Mr.
Taliafeno stated from a City staffperspective the property in considered to be
grandfathered.
There was no futher discussion and the public hearing was closed.
Mce-Mayor John Givens rnotioned Motion. William Jones seconded the motion
Ayes: Foley, Givens, Jolnsorl Jones
Absent: Chisom
PayRanges and Steps 2016-2017
Corsider adoption of Resolution 1288, anrending the schernatic list ofjob classes,
pay mnges and steps previously set forth on May 28,2013, to be a part ofthe 2016
-2017 fiscal year budget. Audit - Finance Committee
Vice-Mayor John Givens motioned to adopt Resolution 1288, amending the
schematic list ofjob classes, pay ranges and steps previously set forth on May 28,
2013, to be a part ofthe 2016 - 2017 fiscal year budget. William Jones seconded
the motion
Ayes: Foley, Givers, Jolnson, Jones
Absent: Chisom
Tax Rates Resolution
Corsider adoption of Resolution 1289, a resolution inposing taxes on real estate,
tangible penonal property, machinery and tools, and all legal subjects of taxation
for City purposes including the property ofrailroad, express, telephone, telegraptr,
water, heat (gas) and power corrpanies. Audit - Finance Committee
Mce-Mayor John Givens motioned to adopt Resolution 1289, a resolution inposing
taxes on real estate, tangible personal property, machinery and tools, and all legal
subjects of taxation for City purposes including the propefy ofrailroad, express,
telephone, telegrap[ water, heat (gas) and power corpanies. Mlliam Jones
seconded the motion
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom
Adoption of2016 - 2017 Budget
Consider Resolution 1292 to adopt the fiscal year 2016 - 201 7 budget. Audit -
G.
7.
Finance Committee
Mce-Mayor John Givens motioned to adopt Resolution 1292 to adopt the fiscal
year 2016- 2017 year budget. William Jones seconded the motion.
Ayes: Foley, Givers, Johnson, Jones
Absent: Chisom
H. Tax Exempt Property City Code
Corsider approval of Section 82-8(a) amending the City Code to direct triennial
applications.
Mr. Yost stated real estate tax exemptiors for exenrpt entities, such as govemmental
entities, churches and schools are exenpt from real estate taxes. The state code
provision has changed. hr the past, each of these entities had to refile an application
every two years to certify they were still in exenpt use. The state code application
now is trienially, so the City is conforming our local ordinance to the requirements
of the state code provisionMce-Mayor John Givers motioned to approve Section
82-8(a) amending the City Code to direct triennial applications. William Jones
seconded the motion.
Ayes: Foley, Givers, JohnsorL Jones
Absent: Chisom
Closed Session
A. Closed Session
Hold a closed Session to in accordance with Section 2.2-3711A(3), of the 1950
Code of Mrginia, as amended for the purposes of a discussion or corsideration
of the acquisition of real property for a public pupose the City may wish to sell
or convey, and Section 2.2-37114(6), for discussion or consideration of public
fi.rnds whose corrpetition and bargaining is involved, where, if made public,
initially, the financial interest ofthe City would be adversely affected.
The certification was read by Mce-Mayor Givers for Council to convene to a
Closed Session.Vice-Mayor John Givens motioned to approve a Closed Session in
accordance with Section 2.3-371lA(3), of the 1950 Code of Mrginia, as amended
for the purposes ofa discussion or consideration of the acquisition ofreal property
for a public purpose the City may wish to sell or convey; and Section 2.2.-
37114(6), for discussion or corsideration of public funds whose corrpetition and
bargaining is involved, where ifmade public, initially, the financial interest of the
City would be adversely affected. Mlliam Jones seconded the motion
Ayes: Foley, Givens, Johrsoq Jones
Absent: Chisom
8. Adjoumment
Mce-Mayor John Givens motioned for Council to adjoum at 9:l I p.rn. Jane
Johnson seconded the motion.
Ayes: Foley, Givens, Johrsorq Jones
Absent: Chisom
City Of Salem, Virginia
General Fund
Statement Of Revenuos And Expenditures
For Ten Months Ending April 30, 2016
Current Year Current Year o/o of
Budqet Year to Date Budqet
nru* *B-
onrr G-t3- lLa
Schedule A
Prior Year
Year to Date Variance
Revenues:
Beginning Balance 7-1-'15
General Property Taxes
Other Local Taxes
Permits And Licenses
Fines And Forfeitures
Revenue From Use Of Money
And Property
Charges For Services
Payment ln Lieu Of Taxes from Electric Fund
Payment ln Lieu Of Taxes from Water Fund
Miscellaneous Revenue
Non-Categorical Aid
Shared Expenses
CategoricalAid
Total Revenues
Expenditures:
General Government
Judicial Administration
Public Safety
Public Works
Health And Welfare
Education
Parks, Recreation And Cultural
Community Development
Non-Departmental
Contingency
Reserve For Fund Balance Replenishment
Reserve For Capital
Total Expenditur€s
Revenues Overr(Under) Expenditures
$ 3,878,757
33,802,957
20,560,500
240,160
110,000
433,028
5,542,O44
3,160,000
130,000
99,311
3,926,272
1,265,862
25,380,834
16,334,821
267 ,573
86,103
428,550
4,921,144
3,160,000
137,932
308,303
1,O44,U3
893,846
5,093,181
1,655,009
13,174,243
10,663,192
2,110,780
19,977,729
3,606,128
885,590
5,446,U7
62,612,739
oYo$-
75Yo 24,120,043
790/0 15,304,806
111% 323,587
780/0 104,722
$-
1,260,791
1,030,015
(s6,014)
(18,619)
(17,908)
436,156
(100,000)
25,124
(3s9,663)
59,998
3,319
254,056
173,338
179,643
1,425,236
31,503
(206,998)
168,97 4
(102,302)
447,734
9S%
a80k
'too./o
106%
310%
277o
71%
446,458
4,484,988
3,260,000
1'12,808
984,045
890,527
5.610.163 4.671,948 83o/. 4.523.579 148,369
78,799,054 57,635,097 73% 55,223,529 2,411,568
6,579,353
2,085,014
16,657,953
15,476,527
2,274,631
22,119,957
4,754,100
1,222,323
6,662,536
626,4A7
310,000
30.173
78,799,054
77'/o
790/"
790h
69%
93%
90%
76'/o
720/o
A2o/o
O'/o
00/.
o%
79o/o
4,839,125
1,481,67'l
12,994,640
8,837,956
2,O79,277
20,144,727
3,437,154
987,892
4,999,113
59,841,556 2,771,143
_9__38-19.9?Zr _9____G!9919r
Schedule B
City of Salem
Sales Tax Summary
For Fiscal Years 2OL4 - 2OLG
750,000.00
700,000.00
6s0,000.00
600,000.00
550,000.00
3s0,000.00
300,000.00
250,000.00
200,000.00
150,000.00
1.00,000.00
50,000.00
June
FY 2014 FY 2015 FY 2016
500,000.00
Schedule C
City of Salem
Meals Tax Summary
For FiscalYears 2014 -2016
600,000.00
550,000.00
500,000.00
350,000.00
300,000.00
250,000.00
200,000.00
150,000.00
100,000.00
50,000.00
Nov Dec Jan
FY 201-4 FY 2015 FY 2016
I
Schedule D
City of Salem
Lodging Tax Summary
For FiscalYears 2014 -2OtG
225,OOO.O0
200,000.00
175,000.00
150,000.00
12s,000.00
100,000.00
75,000.00
50,000.00
25,000.00
Dec Jan Feb
FY 201s FY 2016
H
Mar Apr June
Current Year
Budqet
$ 805,000
340,000
3,000,000
Current Year
Year to Date
$ 637,474
280.490
2,838,985
%of
Budget
Prior Year
Year to Date
$ 638,897
278,167
2.520,666
SCHEDULE E
Variance
(1,423)
318,319
306,998
27,980
7,931
(8.776)
245
12
546
(8,154)
(39,173)
City Of Salem, Virginia
Solid Waste Disposal
Statement Of Operations
For Ten Months Ending April 30, 2016
Operating Revenues:
Revenues For Waste Oisposal:
Toler Fees
Container Fees
Waste Collection & Disposal Charges
Recycling Proceeds
Total Revenues For Waste Disposal
Operating Expenditures:
Refuse Collection:
Salaries
Fringe Benefits
Contractual Services
Printing and Binding
Traveland Training
lvliscellaneous
l\riscellaneous Credits
Materials and Supplies
CapitalOutlay
Total Refuse Collection
Containers:
Salaries
Fringe Benefits
Contractual Services
Miscellaneous
l\riscellaneous Credits
l\raterials And Supplies
Total Containers
Transfer Station:
Salaries
Fringe Benefits
Contractual Services
Utilities
Communications
Travel and Training
Miscellaneous
l\riscellaneous Credits
Waste Disposal
Ivlaterials and Supplies
Machinery and Equipment
Total Transfer Station
Total Operating Expenditures
Net Cost For Solid Waste Disposal
790/o
820/a
95%100.000 54.771 55./o 66,992
4,245.000 3.811,720 90%3,504,722
642,590
305,622
199.225
1,500
625
2,909
(45,000)
56,204
522,552
241,048
128,841
253
347
2,425
(32,939)
7,735
81vo
79%
654/0
174/o
56%
83%
73%
140/o
494,572
233,117
137,617
$;
1,879
(24,78s)
46,908
138,9'11
364,263
203,496
236,800
35,000
1,000
2,000
45,560
3,360.173
10,050
877,244
38,310
16,804
19,271
1,546
\2,629)
86.742
330,231
133,703
239,200
31,673
741
1,591
12,465
(5,454)
2,936,612
91%
66%
1010k
900/o
7 40/a
800/a
270k
00/o
87v"
59%
899,680
36,791
16,480
25,780
1,825
12,814)
387,431
159,165
86,508
30,273
788
23,127
2.762.060
4,205
(22.436)
'1,519
(6,509)
\279)
185
1,614
(57,200)
(25,462)
152,692
1,400
4
803
(10,662)
(5,454)
174,552
1,717
75%
84vo
830/0
39%
670/o
0%
620k 85.128
16.500 16,500 100% 16.5004,274,842 3,703,184 87% 3,454,294 248,890
5,584,411 4,667,170 84yo 4,439,101 228,069
6.983 6,982 lYo 10.038 (3.056)
1170,658
45,827
20,304
50,000
2,300
20.480 13.440 66% 7,066 6.374
855,450 934,379 (78,929)
City of Salem, Virginia
Debt Outstanding
For Period Ending April 30, 2016
Balance
7 t1t2015 lssuances
Principal
Payments
(400,000)
(23,568)
(86,278)
(50,000)
(304,667)
(41,814)
(89,425)
(19,616)
(1,015,368)
Schedule F
Balance
4t3012016
2,700,000
2,893,712
3,288,762
1,603,525
1,912,481
12,398,480
418,305
5,756,238
8,1 13,250
City Debt Outstanding
20034 Public lmprovement Bonds
2004 Refunding Bonds (of 1995 & 1996 PIB)
2006 Public lmprovement Bonds
20108 VMLA/ACO Series G Build America Bonds
2010C VMLA/ACO Series H Taxable Bonds
2010D VMLA/ACO Bonds I Tax Exempt Bonds
2011 Union First Market Refunding Bonds
2013 Public lmprovement Bonds
2015 Key Bank Refunding Bonds
Total City Debt Outstanding
School Debt Outstanding
2003A Public lmprovement Bonds
2004 Refunding Bonds (of 1995 & 1996 PIB)
2010D VMWACO Bonds I Tax Exempt Bonds
20'11 Union First Market Refunding Bonds
2012A Public lmprovement Bonds
2013 Public lmprovement Bonds
Total School Debt Outstanding
Total Debt Outstanding
400,000
23,568
86,278
2,700,000
50,000
3,1 98,379
3,330,576
1,692,950
1,932,097
'13,413,848
700,000
271 ,027
560,388
5,829,424
8,590,500
5,217,050
21,168,389
--343FzN-
(700,000)
(271 ,027)
(142,083)
(73,1 86)
(477 ,250\(275,575) 4,941,475
(1 ,939,121 )19,229,268
-3T@i6
Budqet
Project
To Date Encumbrances
Total
Proiect
Year To
Date
Schedule G
162.428
576,O7 4
635.538
102.9U
City of Salem, Varginia
Capital Projects Fund
Statement of Revenues and Expenditures
For Period Ending April 30,20'16
Available
Balance
Fund Balance, July 1,2015
Revenues:
ERP-Transfer From GF
ERP-Transfer From EF
ERP-Transfer From Schools
ERP 20'l3 Bonds
Cama System-Transfer From GF
Document Mgmt Solution-20'l 3 Bonds
Fire Trucks-Transfer From GF
Bicycle & Ped Safety lmpr Prog-Federal
Bicycle & Ped Safety lmpr Prog-State
Greenway Phase 2B-Enhancement
Greenway Phase 28-2013 Bonds lnterest
Greenway Phase 2B-Xfer GF
Greenway Phase 4-RSTP
Greenway Phase 4-Enhancement
Greenway Phase 4-20'13 Bonds
Greenway Phase 4-Xfer GF
Greenway Phase s-RSTP
Greenway Phase 5-Enhancement
Greenway Phase 5-2013 Bonds
Greenway Phase s-Xfer GF
creenway Donations
Mason Creek Greenway Phase 2-Federal
Mason Creek Greenway Phase 2-Local
Total Revenues
Expenditures:
ERP - New World
ERP - PCI
Cama System
Document irgmt Solution
Fire Trucks
Bicycle & Pedestrian Safety lmpr Prog
Rke River Greenway Phase 2B
Rke River Greenway Phase 4-Apperson
Rke River Greenway Phase s-Eddy
Greenway Donations
lvlason Creek Greenway Phase 2
Salem Memorial Park Renovations
Field Turf Replacement Salem Stadium
Total Expenditures
Fund Balance, April 30, 2016
223,879
302,400
150,000
123,800
115,000
63,545
576,657
535,248
s9,472
450,903
1 ,109
4,246
800,000
80,330
15.'127
5.407
262,600
25'1,503
17,869
1,892
2,380
400,972
108,994
4,553,333
80,330
15,1275,406 1
469.373
s2,153
430.245
(178)
800.000
262,600
174,441
I
1
400,972
108,994
2,698,603
3,936
21,967
12,666
63,545
(286,267)
518,782
330,373
676,212
409,044
2,380
509,966
(553,434)
(251,294\
1,457,876
223,479
302,400
150,000
123,800
115,000
63,545
576,657
65,875
7.319
20,658
1.287
4.246
80,330
15,127
5,406
77.062
17,868
1,892
2,379
223,879
302,400
150,000
123,800
1'15,000
63,545
576,657
65,875
7,319
20,658
1,287
4,246
576,657
(762)
't79
77.062
17,868
1 ,892
2,379
500,079
300,000
115,000
63,545
576,657
s94,720
456,258
900,864
533,864
2,380
509,966
20,000
'1 1 ,'140
20,000
462.924
,u,iru
123.790
19,964
209,796
1,854,730
476.143
266,893
82,334
75,938
49,810
100,862
104,856
343,638
251,294
1,751,768
1,854,730
496,143
278,033
102,334
862.924
75,938
125,885
224,652
124,4-20
553.434
251,294
3,095,457
5,194
1,600
2,743
23,035
8.034
*.,i.t
251.294
4,553,333 1,343,689
Current Year
Year to Date
Prior Year
Year to Date
Schedule H
Variance
Current Year
Budget
$ 39,725,000
895,284
40,620,284
o/o ot
Budget
81yo
450/0
360/,
89%
610/,
800/0
780
760/0
45%
55%
57%
00/o
City of Salem, Virginia
Electric Fund
Statement of Operations
For Ten Months Ending April 30, 2016
Operating Revenues
Sale of Power
Other Electric Revenue
Total Operating Revenues
Operating Expenses
Other Power Generation - Operation
Other Power Generation - Mainlenance
Purchased Power
Transmission - Operation
Transmission - Maintenance
Distribution - Operations
Distribution - lvlaintenance
Customer Service
Administration & General - Operation
Administration & General - Maintenance
Capital
Contingency
Total Operating Expenses
lncome (loss) Before Transfers
Transfers
lncome (loss)
$ 32,090,913
402,507
32,493I20
51,823
20,259
17 ,765,447
3,107,s32
14,U5
696,919
854,493
377,155
1.1U,146
82,280
1,761,553
33,453,485 (960,065)
$ 33,065,997
387.488
57,670
17,628
20,045,217
2,889,082
2,497
667,629
836,154
274,486
1,383,576
73,658
'1,49'1,580
$ (975,084)
15,019
(5,848)
z,oJ I
(2,279,770)
218,450
12,148
29,290
18,339
102,669
(249,43O\
8,622
269,973
135,000
55,688
24,950,641
3,510,500
24,000
875,907
1.094,246
494,323
2,535,512
149,500
3,1 15,389
519,578
37,460,284
3,160,000
(3,160,000)
$-
25,866,252
6,627,168
(3,160,000)
$ 3,467,168
27.739.178 (1,872.926)
5,714,307 912,862
1000/" (3,160,000)
$ 2,554,307 $ 91 2,862
City of Salem, Virginia
Water Fund
Statement of Operations
For Ten Months Ending April 30, 2016
Current Year
Year to Date
o/o of
Budget
Prior Year
Year to Date
Schedule I
VarianceOperating Revenues
Services
Other Revenue
Total Operating Revenues
Operating Expenses
Production
Salaries of Personnel
Fringe Benefits
Contractual Services
Printing and Binding
Advertising
Utilities
Communications
lnsurance
Travel and Training
Miscellaneous
Materials and Supplies
Capital
Contingency
Total Production Expenses
Distribution
Salaries of Personnel
Fringe Benefits
Contractual Services
Communications
lnsurance
Lease/Rent of Equipment
Travel and Training
Miscellaneous
Miscellaneous Credits
N/laterials and Supplies
Capital
lnterest Obligations
Total Distribution Expenses
lncome (loss) Before Transfers
Transfers
lncome (loss)
Current Year
Budget
$ 6,516,000
480,117
6,996,117
69s,998
455,964
631,969
8,200
500
367,000
5,000
15,100
8,000
42,423
'173,500
373,064
532,256
3,308,974
521,398
275,496
734,309
4,550
10,000
2,000
3,600
10,488
(312,000)
267 ,236
240,000
1,800,066
3,557,143
130,000
(130,000)
$ s,244,877
274,414
5,s',t9,292
6't 5,163
336,801
438,265
899
5b/
308,468
8,523
22,210
6,491
38,204
125,384
52,239
800/o
570/o
$ 5,149,959
210,843
566,456
335,543
410,603
1,500
308.627
10,625
13,033
4,938
61 ,329
97 ,042
29,928
$ 94,918
63,571
48,707
27 ,662
(601)
3bz
(1s9)
(2,102)
9,177
(23,126'
28,343
22,310
5.360.802 158 490
88%
7 4o/o
690k
11Yo
72o/o
840/0
17lvo
147o/o
81o/o
90%
72vo
140/o
00k
1,953,008
439,489
197 ,250
434,023
2,662
15,054
- -^:t,tol
6,261
(203,441)
'125,01 5
88,471
359,912
1,466,463
2,099,820
(137 ,932\
_$__1p9-L9!!_
449,784
208,996
444,106
2,380
6,523
'l,343
3,816
(190,780)
161 ,332
69,297
389,039
(10,295)
(.11,746)
(10,084)
282
8,531
425
2,445
(12,661)
(36,316)
19,174
(29,',t27)
1,839,624 1 13,385
840/o
72o/o
59o/o
590/0
151o/o
lvo
49o/o
600k
6svo
47o/o
370/o
200/0
4',to/o
1060/0
1,545,836 (79,372\
1.975,343 124,477
(112,808) (25,125t
_9__1_!9?_q!s _9____99.1!!_
City of Salem, Virginia
Sewer Fund
Statement of Operations
For Ten Months Ending April 30, 20'16
Current Year
Year to Date
Prior Year
Year to Date
Schedule J
Variance
o/o of
Budget
82o/o
4o/o
780/o
580k
90"/"
45o/o
gvo
69%
33o/o
30o/o
0o/o
360/o
980/o
7gvo
95o/o
41o/o
14o/o
oo
Operating Revenues
Services
Other Revenue
Total Operating Revenues
Operating Expenses
Salaries of Personnel
Fringe Benefits
Contractual Services
Printing and Binding
Advertising
Utilities
Communications
lnsurance
Lease/Rent of Equipment
Travel and Training
Miscellaneous
Miscellaneous Credits
Materials and Supplies
Capital
lnterest Obligations
Bond Costs Totals
Contingency
Total Operating Expenses
lncome (loss)
I 5,784,415
5,816,905
383,511
'197 ,591
3,039,792
676
249
2,752
2,962
5,622
^ "-:z,c I z
26,369
(2s7 ,220\
7 4,147
619,188
248,845
8,223
$ s,812,652
98,609
287 ,498
167,726
2,209,798
2,41;
1,594
5,081
1 ,977
2,'111
7,693
(238,297)
24,068
72,288
242,290
$ (28,237)
(66,119)
96,013
29,865
829,994
676
249
335
1,368
541
(1 ,s77)
261
18,676
(18,924)
50,079
546,90'1
6,554
I,223
Current Year
Budget
$ 7,061,000
793,017
7 ,854,O17
493,216
343,145
3,374,086
1,500
3,000
4,000
9,050
19,000
3,000
6,600
27 ,045
(325,000)
78,000
1,525,272
1,780,O71
513.532
7 ,855,517
__q____!_€9q
7 40k s,91 'r,261 (94,357)
4,355,079
_9__]19_1_E?6
55o/o 2,786,244 1,568,835
__$_!.,]?!pr _s!..qgr-ga_
City of Salem, Virginia
Salem Civic center
Statement of Operations
For Ten Months Ending April 30, 2016
Current Year
Year to Date
Prior Year
Year to Date
Schedule K
Variance
%ot
Budget
lOOo/o
127./.
950/0
117o/o
79V"
260/0
55o/o
101o/o
23'/o
o./.
Operating Revenues
Shows/rentals
Box office shows
Catering and concessions
Merchandise and commissions
Static advertising
Miscellaneous income
NCM events
Salem Fair
Blue Ridge Music Festival
Reserve for encumbrances
Total Operating Revenues
Operating Expenses
Salaries of personnel
Fringe benefits
Maintenance and contractual seNices
Pranting and binding
Advertisang
Utilities
Communications
lnsurance
Travel and training
Miscellaneous
Show expense
NCM expense
Blue Ridge Music Festival
Materials and supplies
Total Operating Expenses
lncome (loss) Before Transfers
Transfers
lncome (loss)
1.1,123,670) (850,283)(566,419) (283,864)
1123,670
_$___9s7_251 _g___ggl,8qE
Current Year
Budget
$ 385,000
1,060,000
156,000
119,000
62,500
20,100
307,000
142,500
10,000
2,262,100
957,639
421,636
164,680
3,500
51,000
252,285
24,O00
20,000
15,500
56,114
1,060,000
307,000
52.416
a"*r^
$ 385,784
't,342,470
147 ,821
139,712
49,675
5,210
169,186
143,686
2,250
$ 317,094
528,049
119,793
63,267
92,576
17,465
174,997
165,638
422,866
$ 68,690
814,421
28,029
76,445
(42,901)
(12,256)
(5,811)
(21,951)
(420,616)
2,385,794
895,561
330,954
121,120
809
39,188
201,353
22,541
15,673
18,144
46,468
1,272,751
234,227
33,251
.ra*"
1O5o/o
94o/o
78o/o
230/0
770/o
a0o/o
94o/o
78./.
117./.
83o/o
120./.
78./.
Oo/o
63%
1,901,744
827 .913
322,572
136,446
2,673
20,591
231,423
'19,546
19,820
15,664
46, '169
442,222
269,859
83,199
30,068
2,468.',\U
484,050
96%
67,648
8,382
(15,326)
(1,865)
18,597
(30,069)
2,994
(4,147)
2,520
299
830,529
(31,632)
(83,199)
3,183
767,914
1,'123,670
$
I j23,670 100%
_$______4_?,387
Current Year
Year to Date
Y" ol
Budget
Prior Year
Year to Date
Schedule L
Variance
Current Year
Budget
$ 651,082
143,500
47,000
16,000
City of Salem, Virginia
Salem Catering and Concessions
Statement of Operations
For Ten Months Ending April 30, 2016
Operating Revenues:
Catering
Concessions
Moyer Concessions
Salem High Concessions
Total Operating Revenues
Operating Expenses:
Cateino
Salaries of personnel
Fringe benefits
Contractual services
Printing and binding
Laundry and Cleaning
Communications
Travel and training
Miscellaneous
Materials and supplies
Total Catering Expenses
Concesslons
Salaries of Personnel
Fringe Benefits
Miscellaneous
Materials and Supplies
Total Concessions Expenses
Mover Concessions
Salaries of Personnel
Fringe Benefits
Contractual services
Miscellaneous
Materials and Supplies
Total Moyer Expenses
Sa/ern H,oh Concessions
Salaries of Personnel
Fringe Benefits
Miscellaneous
Materials and Supplies
Total Salem Hlgh Expenses
lncome (loss)
$ 573,597
'139,900
47,713
8,918
770,129
$ 518,258
80,081
31,951
9,875
$ s5,339
59,819
15,762
(957)
880/0
970/o
't02%
560/a
964/o
79o/o
a3o/a
1084/0
TaYa
a9o/o
720/a
-'t%
970k
640.165 129,964
191 ,950
'107,495
12,500
1 ,000
13,000
850
,r4
135,583
't 53,973
616,576
55,639
't6,787
51 ,350
35,500
159,276
28,972
8,902
2,500
6,750
14,500
61,624
200,937
66,037
11,805
13.120
695
,142,331
159,036
593,962
56,243
17,468
48,573
35,417
157,700
1050/0
94Vo
ovo
101vo
820/0
0'/o
'to50/o
1O3o/o
96%
1O1o/o
1O4o/o
950/o
100vo
99vo
188,217
64,130
9,075
80
12,687
604
75
115,124
139,338
529,336
37,421
11 ,972
28,408
14,335
92,137
25,314
7,666
2,083
4,866
9,921
12,721
'1,907
2,730
(80)
433
90
(75)
27 ,203
19,698
64,626
18,822
5,496
20,165
21,081
65,563
2,391
1,420
2,547
(5e6)
27,861
7 ,O71
2,083
7,257
11 ,341
55,613
11,346
3,063
(4)
2,77a
17,183
_$__ll1,9?q
90%49,85'1 5,762
12,714
4,242
300
2,850
20,106
6,638
'1,950
21
2,382
4,708
1 ,'1 13
(25\
396
10,991 6,193
_$____(42$9I _$___GJ_qq
City of Salem, Virginia
Health lnsurance Fund
Statement of Revenues and Expenses
For Ten Months Ending April 30, 2016
Budget
Prio. Year
Ysar to Date
Schedule lvl
Variance
Current Year Percent
Year to Date to Date
Beginning Fund Balance
Revenue
Premiums Paid - City
Premiums Paid - School
Premiums Paid - Retirees
lnterest Earnings
Miscellaneous
Total Year to Date Revenues
Expenses
Claims
Employee Health Clinic
Consulting Services
Miscellaneous
Total Year to Date Expenses
Ending Fund Balance
6,015,780
5,284,000
715,000
5,500
4 ,52'.t ,241 7 50/o
3,700,'t73 700/o
655,222 920/0
9,481 172vo
80 ovo
8,886,197 7 4o/o
7,515,935 65%
334 ,'1 30 82Yo
21,192 36%
$ 724,351 $ 1,159,384
4,616,367
3,695,133
630,653
7,1-'17
8,949,270
8,980,571
317 ,'.t62
21 ,012
2,610
9,321,355
$ 787,299
$ (435,033)
(95,126)
5,040
24,569
2,364
80
(63,073)
(1,464,636)
16,968
180
57,686
(1,389,802)
_$____99!q96
12,020,280
11,496,406
407,274
59,300
57,300 60,296 1050k
12,020,280 7,931,553 660/0
_s______-_-----_- _!___L,9U!,995
IEMA:A-
DAIE
ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 82, ARTICLE I, SECTION 82'8, OF THE
CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO SERVICE CHARGE ON CERTAIN
DWELLINGS FOR POTICE AND FIRE PROTECTION AND FOR COLLECTION AND DISPOSAL OF
REFUSE.
BE lT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VlRGlNlA, that Chapter 82,
Article l, Section 82-8, of The Code of the City of Salem, Virginia, be amended, revised, and
reordained to read as follows:
CHAPTER 82-8
TAXATION APPTICATION FOR EXEMPTION
Article l.
Section 82-8 - Application for retention oftax-exempt status ofcertain property.
(a) All persons, corporations, associations, groups or entities owninB real property in the
city which is exempt from taxation under Code of Virginia, S 58.1-3600 et seq., shall file
bief,f,€&if,-€dd-6{J+n d+ea€ triennially an application with the city assessor as a
requirement for retention of the exempt status of the property, which application shall
be filed within the next 60 days preceding the tax year for which such exemption, or
the retention thereof, is sought.
(b) The application required by subsection (a) shall be on forms provided by the city
assessor and shall show the ownership and usage of such exempt property and other
information necessary to show tax-exempt status; provided, that this application
requirement shall not apply to the state, any political subdivision of the state or the United
States.
(Code 1969, 5 27A-s)
State law reference - Triennial application for exemption, Code of Virginia, S 58.1-3605.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be
and the same are hereby repealed.
This ordinance shall be in fullforce and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
^t3-(
lames L. Chisom -
William D. Jones -
lane W.lohnson -
lohn C. Givens -
Byron Randolph Foley -
Passed:
Effective:
Mayor
ATTESTi
lames E. Taliaferro, ll
clerk of coun.il
City of Salem, Virginia
C'/')
IIEM #-JU
DATE c - i3-tb
AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2006 of the 1950 Code of
Virginia, as amended, providing for vacating a portion of a street in the City of Salem, Virginia'
WHEREAS, an application has been filed with the Council of the City of Salem pursuant
to the provisions of the aforesaid Section 15.2-20}6,requesting that the following unimproved
alley be permanently vacated and discontinued: a certain unimproved 12' alley, located off
Pyrtle Diive, with the entrance located 150' south from the intersection of Kimball Avenue and
eyrtle Drive extending a total of 480'; said application being filed on behalf of Ronald Lee and
Betty Clingenpeel, property owners; and
WHEREAS, by Resolution No. 1291 adopted on the 23rd day of May 2016, the Council
of the City of Salem, Virginia, appointed viewers to report whether or not in their opinion any
and if any, what, inconvenience would result from permanently vacating the aforesaid alley as
set forth in the application; and
WHEREAS, the viewers reported in writing under date of June 1,2076 that, after having
been duly sworn they viewed the said street and are unanimously of the opinion that no
inconvenience would result to anyone from permanently vacating a certain unimproved
undedicated right of way of varying width, running from the South side of Rose Lane
approximately 340 feet to North Stonewall Street, bounded on the East by the City of Salem,
City of Salem tax map parcels 47-3-l (910 Rose Lane), 47-3-5 (747 Thompson Memorial Drive),
and 47-3-4 (700 N. Stonewall ) and a portion of 4l-3-9 (708 N. Stonewall), and bounded on the
West by parcels 47 -2-4 (910 Rose Lane) and 47 -2-5 (709 North Stonewall), originally shown in
the B&O Land Company 1't Division, PB I Page 37, as provided by Section 15.2-2006 of the
Code of Virginia; and
WHEREAS, pursuant to said Code Section 15.2-2006, the applicants in this proceeding
have caused a public notice to be published in the Salem Times Register, a newspaper published
and having general circulation in the City of Salem, Virginia, such publication having been made
twice, with a lease six days elapsing between the first and second publication, to wit: on April
28,2016 and May 5,2016, and such notice specified the time and place of hearing, to wit: May
23, 2016, at 7:30 p.m., in the Council Chambers of the City of Salem, at which persons affected
may appear and present their views, all of which is shown by a Certificate of Publication
executed by the Salem Times and filed with the papers in this proceeding; and
WHEREAS, proper notice has been giving to the land proprietors along the street
affected by the closing; and
WHEREAS, this Council, after considering the evidence submitted, is of the opinion that
vacating, discontinuing, and closing the aforesaid alley will not abridge or destroy any of the
rights and privileges of any person, and that no inconvenience would result to anyone therefrom,
and it is further of the opinion that the request of the applicants should be granted;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SALEM, VIRGINIA, a certain unimproved , be permanently vacated, discontinued, and closed
undedicated right of way of varying width, running from the South side of Rose Lane
approximately 340 feet to North Stonewall Street, bounded on the East by the City of Salem,
City of Salem tax map parcels 47-3-l (910 Rose Lane), 47-3-5 (747 Thompson Memorial Drive),
uri ql-Z-q (700 N. Sionewall ) and a portion of 47-3-9 (708 N. Stonewall), and bounded on the
West by parcels 47-2-4 (910 Rose Lane) and 47-2-5 (709 North Stonewall), as provided by
Section 15.2-2006 of tne Code of Virginia as amended to date; and in accordance with the law in
such cases made and provided, title to said vacated alley shall vest in each adjacent property
owner to the centerline of the vacated alley; such vacation however, shall be subject to an
easement retained by the City for public utilities.
BE IT FURTHER ORDAINED BY THE COTINCTL OF THE CITY OF SALEM,
VIRGINIA, that a certified copy of this ordinance be delivered by the City Clerk to the Clerk of
the Circuit Court of the City of Salem, Virginia, for recordation therein, and to the City
Engineer of the City of Salem, Virginia, and that the City Engineer of Salem, Virginia, make
appropriate notation of the vacation herein approved, on the maps and other documents in his
off,rce.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be
and the same are herby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
lsl
Mayor
Attest:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
we, the appointed viewers, Howard Packett, Joseph Yates and william Shepherd that
were appointed to ieview and make a recommendation on the application of Michael and Susan
Furry to permanently vacate an undedicated right of way of varying width described as a certain
unimproved undedicated right of way ofvarying width, runningfrom the soulh side of Rose Lane
approximately 310feet to North Stonewall Street, bounded on the East by the City of Salem, City
of Salem tax map parcels 17-3-1 (910 Rose Lane), 47-3-5 (747 Thompson Memorial Drive), and
47-3-1 (700 N. Stonewall ) and a portion of17-3-9 (708 N. Stonewall), and bounded on the West
by porcels 17-2-1 (910 Rose Lane) and 47-2-5 (709 North Stonewall), originally shown in the
B&O Land Company I't Division, PB 1 Page 37.
We, the appointed viewers met on 't\r \.)orrr-a reviewed the said property. We
recommend to Saiem City Council rhut th. ,ighF*uy described above be permanently vacated
while keeping the existing easement in place to allow the City of Salem the right to run utilities
and maintain the easement.
VIRGINIA:
IN THE COLINCIL FOR THE CITY OF SALEM
N RE:Resolution 1291
AFFIDAVIT OF VIEWERS
Vacating a certain unimproved undedicated right of way of varying width, running from the
South side of Rose Lane approximately 340 feet to North Stonewall Street, bounded on the East
by the City of Salem, City of Salem tax map parcels 47 -3-1 (910 Rose Lane), 47 -3-5 (7 47
Thompson Memorial Drive), and 47-3-4 (700 N. Stonewall ) and a portion of 47-3-9 (708 N.
Stonewall), and bounded on the West by parcels 47 -2-4 (910 Rose Lane) and 47 -2-5 (709 North
Stonewall), originally shown in the B&O Land Company 1't Division, PB I Page 37, as provided
by Section 15.2-2006 of the Code of Virginia, as amended to date, and to report in writing,
whether or not in their opinion any, and if any, what inconvenience would result from
permanently vacating said right of way.
The undersigned Howard C. Packett, William R. Shepherd, and Joseph E. Yates, Jr.,
being first duly sworn, depose and say that they will faithfully and impartially view a certain
portion of approximately 340 feet to North Stonewall Street, bounded on the East by the City of
Salem, City of Salem tax map parcels 47-3-l (910 Rose Lane), 47-3-5 (747 Thompson Memorial
Drive), and 47-3-4 (700 N. Stonewall ) and a portion of 47-3-9 (708 N. Stonewall), and bounded
on the West by parcels 47-2-4 (910 Rose Lane) and 47-2-5 (709 North Stonewall) situated in the
City of Salem, Virginia, which is sought to be permanently vacated and ascertain whether, in
their opinion any, and if any, what inconvenience would result from permanently vacating,
discontinuing and closing of same.
GIVEN under our hands this the I't day of June 2016
Subscribed and sworn to before Notary Public in and for the City of Salem, State of
Virginia, this the 1't day of J
me, a
2016.
May 31,2020
rrEM# !A
DATE b-13-lb
IN THE COLINCIL OF THE CITY OF SALEM, VIRGINIA, JUNE 13,2016:
RESOLUTION 1296
A RESOLUTION providing for the appointment of not less than three nor more than five
freeholders, any three of whom may act, as viewers in connection with the application of
Roanoke College to permanently vacate a right-of-way.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM,
VIRGINIA, that Howard Packett, Joseph E. Yates, Jr., and William R. Shepherd be and they
hereby are appointed as viewers to view two portions of Peery Drive permanently vacating the
right-of-way on the northern and southern sides at Thompson Memorial Drive, containing less
than 0.1 acre, adjacent to "John's Bridge," in the City of Salem, Virginia, as provided by Section
15.2-2006 of the Code of Virginia, as amended to date, and to report in writing, whether or not in
their opinion ony, and if any, what inconvenience would result from permanently vacating said
right of way.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
Office of the City Clerk
Via e-mail
City of Salem
P.O. Box 869
114 N. Broad St.
Salem, yA24153
RE: Application for vacation of two portions of Peery Drive, right-of-way on the northern andsouthern sides at Thompson Memorial Drive, containing less than 0.1 acre, adjacent to"John's Bridge,,'in the City of Salem, VA
Dear City Clerk:
Roanoke College is submitting this application for vacation of two portions of peery Drive right-of-way on the northern and southem siaes at Thompson Memorial Drive, containing less than 0.1acre, adjacent to "John's Bridge," in the City of Salem, VA. This application is to be consideredby Salem City Council at its meeting on June 13,2016 at7:30 p.m.in Salem City CouncilChambers.
Attached is the notice to be published in the Roanoke Times on May 29 andJune 5, 2016.
We understand that all panies in interest and citizens may appear on that date and be heard onthe issue.
Please contact me if you have any questions.
May 26,2016
ROANIOKE
COLLEGE.
General Couruel
zzr Cotlege Lane I Satem, Virginia 2453-3294
54o-j75- 20,47 I F axt S 40 -?7 5-2e,85
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN
TAKE NOTICE the undersigned will apply to the council of the city of Salem at a public
hearing on June 13, 2016, at 7:30 p.m., or as soon thereafter as may be heard, in the Council
Chambers of the City of Salem, located at 114 North Broad Street, Salem, Virginia, based on an
application to pelmanently vacate two portions ofPeery Drive right-oi-way on the northem and
southern sides at Thompson Memorial Drive, containing less than 0.1 acre, adjacent to "John's
Bridge," in the City of Salem, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the question.
Roanoke College
G. Michael Pace, Jr.
General Counsel
Please run in the newspaper on May 29 and June 5,2016.
Please send affidavit and invoice to:
G. Michael Pace, Jr.
General Counsel
221 College Lane
Salem, VA 24153
gpace@roanoke.edu
540-375-2208
THEROrXOrsTnnns
-roanoke.comr
Your CommunitY. Your Times'
Roanoke Times order confirmation for Ad #0000326022-01
Ad Gontent Proof Actual Size
ilOTIGE OF PUBTIC HEARI}IG
TO WHOM IT MAY COiICER}I
TAKE NOTICE the undersigned will
3l', JL, T, :T, fi e,Jlgl"PJ' T"",;i,?.'3:
ioi-e. afz:ao p.m.' or as soon thereafter
;;'1";r'-bl- heird, in the council
d-fl"mb6.s ot the Citv of Salem' located
ii'-iil- xorttr Broad street. salem'
viroinla. based on an application to-
oeiinanently vacate two portions.ot
ireerv Drive right'of'way .or m9
irorttietn and iouthern sides at
i[b-moson Memorial Drive, containing
rdiiiFin 0.1 acre. adiacent to "John's
iladrJ in the Citv of Salem' Virginia'
All oarties in interest and citizens may
Iiri"iibn itt" above date and be heard
on the question.
Roanoke college
G. Michael Pace' Jr.
Genenl Counsel
(362022)
ITEM #6B
Account Numbr]
6010807
Dat!
f.y l2,20lG
p1tr 6-r3-\tp
The Roanoke Tlmes
Rornoke, Vlrginla
Aftid.vit of Publlcation
ROANOKE VAI,EY RESOURCE AUTHORIW
Ann OAN ILES, CHIEF E(ECUnVE OFFICE
1 020 HOLLTNS RO
ROANO(E VA2&I2
O.L C.blory D..c4rtion Ad Sir! TotC Cotl
05/1812016 L€gal Noticcs CITY OF SALEM NOTICEOF PI,BUC HEARING REGAROIN 1T72L 3S8.32
G]TY OF SAtEil
}TONGE Of PI'BUC IEANII{G
REGAnDtItG SAIEU,
vlncrilrA
,OITIING THE NOA OTE
VATT.EY TEISq'NCE
AUTHOHTY
Publisher of the
Roanoke Times
l, (tha und.[l!]Bd, .n ruthorts d r.pDa.nbtiv. of th.
Ro.nokr Tlmc, . drily ncrlprpGr publi.h.d ln Rornok., ln th.
St b o, Vlrylnl., do c.dfy tlr.t lrrr rnnlrrd notc. Cfi OF
SALEM NOTICE OF w.r ,ublbh.d ln r.ld ncwtp.pcB on th.
follorving d.t$:
05112n016
fh. Fhrt lnr.rdon b.ln! Otv.n... O5/12l2016
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copl.. ot th. prepu.l na.olutlo. ro b.r.rort .l b, th. coun.lr or rh. clry ol3rLE rna thr lmhd.d md t.{[-lo.not Vrll.y laaou.c. AuthortryM.mbaE .n , Facllnl.a ua. loE.hftrn.y b. obEln.d t,qn. or rdl.w..t .rtlra ctity Ma6aoa.,a ollloa ra tla Norttrlro.d 3trrrt. 3.Lrn, vlror,tl! rnd .l.o.t th. Er.cuilv. otnc.r ol th. a6.ekcvatlay tl6o.rrc. autho.tty bcrtad .troto HolllrE ao.d. t{.E. aornok..
all lnt.r6r.d D.Eonr an.l 6tllt.r .r.Invlt d to .ti..d th. .bov. oubttch.rdrE .n.l to ir h.rrd on rh. ^bd.
rt you a7a r p.rton wltt a dl..! rywho n..dt .ccommdrtbn to. rhtroubllc haailno. Dl.a{.o.t .t J.ms c.Tdl.r.m. tt by n@n or run.l!. zota
couNcrL oF T8t cttY oa satEM.
ar: r.m6 E. Y.rr.Lrro.llCr.rk ot Councfi
(!l2taa)
Suom to .nd .ubrcdbad b.tort ni. ihit
St tr of Vlrglnia
Clty/County of Ro.nok.
Ly Commbrlon Grpllrr
Thund.y, ry 12,2010
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE THANK YOU
GcIIEM #
g11g 6-t3-\k
TUB RONOKE TTNNNS
-roanoke.comr
Your Community. your Times.
Roanoke Times Order Gonfirmation for Ad il0000330g1g_01
Ad Content Proof Actual Size
iIOTICE OI PUBTIC HEARIIIG
Notice is hereby glven to all interested
persons that the Council of the Citv of
Salem, at its reqular meetino on Jirne13, 2015! at 7:30 p,m.. in Councit
Chambers ot the City Hall. lt4 NorrhEroad Street, in the Citv ot Sahrh-
Vlrglnla, wlll hotd a Dublla hearlno r;conslder the cooveyance of i2ztlndlana Street, approxlmately 7.0
acres. more or less being a oortion ofrax Map # 196-&2.1 and Tar MaD a 2r9-l-l in relation to the ioinder with Citvof Salem and the Roanoke Vallev
Resource Authority.
Questions concerning the proposed
convcyance may be addressed to the
Office of the Clty Mamoer. Citv Hall.
lli[:f*-%"r* "'*t' sirem' virein ia'
At said hearing, panies in interest ard
citlzens shall have an opponunity to be
neard to the sald request.
James E. Taliaferro. I
Clerk of Salem City Council
(33oEr8)
rrrr,,l* CD_
DAIE 6^13^tb
A RESOLUTTON APPROVING THE REOECANIZATION AND EXPA.NSION Or, THE
ROA.NOKE VA.LI.EY BESOURCE AUTHORIT{ ('AU'THORITY") BY PROVIDING
rHArrHE.ctTYofSA'LEM,vIRctNlA,JoINTHEruruoRrrY,APPRoVINGAND
AUTHORIZING THE EXECUIION OF A.MENDED AND RESTA.TED ARTICI FS OF
INCORPORATION
RE.SOLUTION T293
A RESOLUTION approving the reorganization and expansion of the Roanoke valley
Resource Authority ("Authority") by providing that the city of salem, virginia, join the Authority,
approving and authorizing the execution olAmended and Restated Articles oflncorporation ofthe
Roanoke Valley Resource Authority to accomplish such joinder; and authorizing the appropriate
public officials to take any actions and execute any documents necessary to accomplish such
matters, all in accordance with the provisions of the Code of Virginia (1950), as amended.
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the
City of Salem, Virgini4 have determined that it is in their best interests to authorize the City of
Salem to become a member of the existing Roanoke Valley Resource Authority, pursuant to the
provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, sections 15.2-
5100, et seq. ofthe Code of Virginia (1950), as amended, ("Act");
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the
City of Salem, Virginia do by concurrent resolutions provide lor the joinder of the City of Salem
to the Roanoke Valley Resource Authority pursuant to Section 15.2-5112 of the Act; and
WHEREAS, after proper advertisement, public hearings have been held in accordance with
the requirements of the Act;
WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its
consent to the joining of the city of Salem to become a member of the existing Roanoke valley
Resource Authority.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Citv of Salem, Virginia,
as follows:
1. Council, hereby determines that it is in the best interest of the citizens ofthe City
of Salem, Virginia, that the City of Salem join and become a member of the Roanoke Valley
Resource Authority and approves the terms ofthe Amended and Restated Articles oflncorporation
of the Roanoke Valley Resource Authority as contained in Section 6 of this resolution.
2. Council, hereby authorizes the Mayor and the City of Salem Clerk of Council to
execute and attest or witness, respectively, such Amended and Restated Articles of Incorporation
of the Roanoke Valley Resource Authority in a form substantially similar to those set forth in
Section 6 below, with such minor revisions and adjustments as the Mayor or the City Manager
shall approve.
3. Council hereby agrees that the Authority shall be reorganized and expanded in
accordance with the terms of the Amended and Restated Articles oflncorporation ofthe Roanoke
Valley Resource Authority mentioned above upon the issuance of a Certificate ofJoinder and/or
Restatement issued by the Virginia State Corporation Commission.
4. Council does hereby FIND as a matter of fact that inclusion in the Amended and
Restated Articles of Incorporation of the Roanoke Valley Resource Authority of preliminary
estimates of capital costs, proposals for any specific projects to be undertaken by the Authority,
and preliminary estimates of initial rates for services of such projects as certified by responsible
engineers is impractical.
2
5. As provided for in the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority, Council hereby appoints the following one (1) person to be
the City of Salem representative and that such person's initial term will start on the date of issuance
by the Virginia State Corporation Commission of a Certificate of Joinder and/or Restatement and
expire on the dates indicated next to their name.
City of Salem Appointee
NAME ADDRESS EXPIRATION OF INITIAL
TERM
Norman Michael Tyler 114 North Broad Street
Salem, Virginia 24153
December 31,2019
Upon expiration of the initial term of office, and any future term of office, the Council shall appoint
a person (who can be the same person whose term expired) to be a member of the Board of the
Authority for four (4) years from the date of the initial expiring term and any future expiring term
of office. The total number of members that the City of Salem will have on the Board of the
Authority will be one (1)l member.
6. The Amended and Restated Articles of Incorporation of the Roanoke Valley
Authority are set forth below. They shall be deemed amended, restated, and effective upon the
date of issuance of a Certificate of Joinder and/or Restatement by the Virginia State Corporation
Commission as provided for in Virginia Code Section 15.2-5112.
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
3
TheBoardofsupervisorsofRoanokeCounty,theTownCounciloftheTownofVinton,
the city council of the city of Roanoke, and the city council of the city of Salem have by
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities Act,
chapter 28, Title 15.2, sections 15.2-5100, et seq. of the code of Virginia (1950), as amended,
("Act"):
(l ) The name of the Authority shall be the Roanoke Valley Resource Authority and the
address of its principal office is 1020 Hollins Road, N.8., Roanoke, Virginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem,
as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these
Amended and Restated Articles of Incorporation shall not be further amended or changed without
the express agreement of each of the goveming bodies of each of the incorporating political
subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote ofall City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning
Commission on June 5, 1991, and the Part A and Part B applications for the Transfer
4
Station as approved by the Commonwealth of Virginia, or use by any persons or entities
other than city ofRoanoke, county ofRoanoke, Town of vinton, the city ofsalem or any
other local govemment entity, located wholly or partially within a sixty (60) mile radius of
the Authority's property and under contractual obligation with the Authority to bring
acceptable waste generated within said local govemment entity's jurisdiction to an
Authority facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit and the Landfill
Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12,
each dated hne 27, 1989, and the Part A and Part B applications for the Landfill as
approved by the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable resources,
and because the participating political subdivisions have a common interest in insuring that
the Landfill is used in the best possible and most efficient manner, the participating
political subdivisions agree that Authority membership and operation and use of the
Transfer Station and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement ("Use Agreement"), dated as of July 1,2016, and as such Use Agreement may
be further amended from time to time.
(3) The names, addresses, and initial terms of office of the members of the Board of
the Roanoke Valley Resource Authority ("Authority") are as follows:
Name Address
1. Anne-Marie Green Roanoke County
1216 Kessler Mill Road
Term Expires
12/3112019
Salem, Virginia
(Roanoke CountY)
2. Rebecca Owens Roanoke County 1213112018
P.O. Box 29800
Roanoke, Virginia 24018
(Roanoke CountY)
3. Keith Garman 8538 Bradshaw Road l2l3l/2017
Salem, Virginia
(Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive 12131/2017
Salem, Virginia 24153
(Roanoke County)
5. Thomas Gates 5204 Bernard Drive 1213112019
Roanoke, Virginia 24018
(Roanoke County)
6. Michael Shockley City of Roanoke 12/3112018
215 Church Avenue, SW
Room 354
Roanoke, Virginia 2401 I
(Roanoke City)
7. Robert "Bobby" Edwards 3045 Poplar Lane 12/3112019
Roanoke, Y irginia 24014
(Roanoke City)
8. Joey Hiner Town of Vinton 12/3112019
31 1 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
9. Norman Michael Tyler 1 14 North Broad Street 1213112019
Salem, Virginia 24153
(City of Salem)
The terms of office of each of the members shall become effective on the date of issuance
of a certificate ofjoinder for the Authority by the State Corporation Commission in accordance
with Section 15.2-5112 ofthe Act and shall expire on the date indicated above. Upon expiration
ofthe foregoing terms, the goveming body ofeach participating political subdivision shall appoint
the number of members, who may be members of the goveming body, set forth opposite its name
below:
CountY of Roanoke - five
City of Roanoke - two
Town of Vinton - one
City of Salem - one
It being the intention ofthese Articles that the goveming body of the County of Roanoke
shall always appoint a majority ofthe members, whenever an additional political subdivision shall
join the Authority, the goveming body ofthe County of Roanoke shall be entitled to appoint one
or more additional members in order to maintain such majority. After expiration of the terms set
forth above, each member shall be appointed for a four-year term or until his successor is appointed
and qualified. Any additional members appointed by the County of Roanoke to maintain its
majority shall also be appointed for four-year terms. The goveming body of each political
subdivision shall be empowered to remove at any time, without cause, any member appointed by
it and appoint a successor member to fill the unexpired portion of the removed member's term.
Each member may be reimbursed by the Authority for the amount of actual expenses incurred by
him or her in the performance of his or her duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage
and refuse collection and disposal system and related facilities pursuant to the Act. For purposes
ofthese Articles, and any contracts or documents entered into on behalfofthe Authority, "garbage
and refuse collection and disposal system and related facilities" shall mean the collection and
disposal ofgarbage and refuse at and through one or more transfer facilities owned and operated
by the Authority and the associated landfill or disposal operations and including the authority to
engage in or provide for residential and/or commercial garbage and refuse collection services. The
Authority shall contract with the County of Roanoke, the City of Roanoke, the Town of Vinton,
and the City of Salem to fumish garbage and refuse collection and disposal sewices upon identical
terms and conditions including the same schedule of service rates, fees, and charges of all types
which shall be uniformly applicable to all such political subdivisions. Subject to the terms ofthe
Use Agreement, the Authority may contract with other political subdivisions to fumish garbage
and trash disposal services upon such terms as the Authority shall determine. The Authoriry may
contract to make host locality payments to Roanoke County, the City of Roanoke, the City of
Salem, and the Town of Vinton to compensate such localities in consideration of location of
facilities within their communities and\or for their support of the Authority. It is not practicable
to set forth herein information regarding preliminary estimates of capital costs, proposals for
specific projects to be undertaken, or initial rates for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a certified copy thereof to be filed promptly with the goveming body of
each of the participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the
Town Council olthe Town of Vinton, the City Council of the City of Roanoke, Virginia, the City
Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley Resource
8
Authority have caused these Amended and Restated Articles of Incorporation to be executed in
their respective names, and their respective seals have been affixed hereto and attested by the
respective secretaries and/or clerks ofeach.
ROANOKE VALLEY RESOURCE
AUTHORITY
CITY OF ROANOKE, VIRGINIA
By:By:
Attest:
Name: Anne Marie Green
Chair
Name: David A. Bowers
Mayor
(sEAL)
Stephanie M. Moon Reynolds, City Clerk
CITY OF SALEM, VIRGINIA
By:
Name: Bryon Randolph Foley
Mayor
(SEAL) Attest:
Peggy Bishop , Secretary
ROANOKE COUNTY, VIRGINIA
By:
Name: P. Jason Peters
Chair, Board of Supervisors
Attest:(SEAL) Attest:(SEAL)
Deborah C. Jacks, Clerk to the Board James E. Taliafeno, II, Clerk of Council
9
By:
TOWN OF VINTON. VIRGINIA
Name: Bradley Green
Mayor
Attest:(sEAL)
Susan Johnson, Town Clerk
[End of Form of Articles]
7. A copy of the Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement is available for inspection in the Office of the Roanoke
City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke County Board,
5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018,_ Office of the Vinton Town
Manager, 3l I South Pollard Street, Vinton, Virginia 24179,and Office of the City of Salem Clerk
of Council, I 14 North Broad Street, Salem, Virginia 24153 and also at the Executive Offices of
the Roanoke Valley Resource Authority located at 1020 Hollins Road, N.E., Roanoke, Virginia
240t2.
8. (i) Privately-owned sanitary landfill services are not available in a reasonable and cost
efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary
landfill and any related facilities and\or the contract for such operation in spite of any potential
anti-competitive effect is important to provide for the development and/or operation of a regional
system of garbage and refuse collection and disposal for the County of Roanoke, the City of
l0
Roanoke, the Town of Vinton, the City of Salem, and such other governmental units or private
entities as the Authority may determine.
9. The Council further authorizes the Mayor, and/or the City Manager to take any action
and execute any documents, including the Application for Joinder, necessary to accomplish the
matters set forth in this resolution and to cause the Amended and Restated Articles oflncorporation
of the Roanoke Valley Resource Authority to become effective so that the City of Salem, Virginia.
becomes a member of the Authority.
10. That this resolution shall take effect immediately upon its adoption.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
ITEM
DATE
A Rgsolurtol{ AurHoRIzlNG THE AMENDED AND RESTATED BoANoKE Vnu-gY
RESoUBCE *UToRTTYMEIT{BERs AND TA.CILITIES UsE AeRf,EMENT, UPON CERT*IN
TERMS AND CONDMIONS
RESOLUTTON 1294
WHEREAS, the County of Roanoke ("County"), the City of Roanoke ("City"), the Town
of Vinton, ("Town") and the Roanoke Valley Resource Authority ("Authority") entered into the
Roanoke Valley Resource Authority Members Use Agreement dated October 23,1991,
("Members Use Agreement"), as amended by the First Amendment dated June 1, 1992,the
Second Amendment dated December 2,1996, the Third Amendment dated February l,l999,the
Fourth Amendment dated April I ,2005, and the Fifth Amendment dated March 23,2009,by
which the Authority agreed to acquire, construct and equip a regional waste disposal system
consisting of a landfill and transfer station and related structures and equipment ("System"), and
to provide financing therefor in order to dispose of all non-hazardous waste delivered to such
system;
WHEREAS, the County, City, Town, Authority, and City of Salem have all determined
that the City of Salem's joinder to the Authority is in their best interests and each jurisdiction has
adopted an appropriate resolution to that effect; and,
WHEREAS, the County, City, Town, Authority, and City of Salem desire to further
amend and restate the Members Use Agreement to provide for the terms and conditions
applicable to the City of Salem's joinder as a member of the Authority as well as the terms,
conditions, and provisions applicable to the operation and use of the expanded System by all
authorized users.
#b€
C, - l3-\\o
NOW, THEREFORE, BE IT RESOLVED by the City of Salem as follows:
l. The Amended and Restated Roanoke Valley Resource Authority Members Facilities
and Use Agreement as substantially in the form presented is hereby approved and dated as of
July I ,2016;
2. The City Manager and Clerk of Council are authorizedto execute and attest,
respectively, in form approved by the City Attorney, said Amended and Restated Roanoke
Valley Resource Authority Members Facilities and Use Agreement, to include such changes as
the City Manager shall deem appropriate and\or necessary to carry out the purposes expressed
therein; and,
3. The City Manager is authorized to take such further actions and execute
additional documents, in form approved by the City Attorney, as may be necessary or
appropriate to implement and administer said Amended and Restated Roanoke Valley Resource
Authority Members Facilities and Use Agreement.
4. This resolution shall take effect immediately upon its adoption.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
2
AMENDED AND RESTATED
ROANOKE VALLEY RESOURCE AUTHORITY
MEMBERS AND FACILITIES USE AGREEMENT
THIS AMENDED AND RESTATED MEMBERS AND FACILITIES USE AGREEMENT
("Agreement") dated as ofthe l51day of July 2016, by and between the Roanoke Valley Resource
Authority, ("Authority"), a public body politic and corporate, and the County ofRoanoke, a political
subdivision of the Commonwealth of Virginia, ("County"), the City of Roanoke, a municipal
corporation of the Commonwealth of Virginia, ('City'), the Town of Vinton, a municipal corporation
of the Commonwealth of Virginia ("Town"), and the City of Salem, a municipal corporation of the
Commonwealth of Virginia ("Salem").
RECITALS
WHEREAS, the members of the Roanoke Valley Resource Authority, the Board of
Supervisors of Roanoke County, the City Council ofthe City of Roanoke, the Town Council of the
Town of Vinton, have signified their intention to amend the Adcles of Incorporation of the Roanoke
Valley Resource Authority to provide that the City of Salem shall become a member of the Authority
pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia
(1950), as amended ("Act"). A copy ofthe proposed Amended and Restated Articles oflncorporation
for the Authority is attached hereto and incorporated by reference herein as Exhibit "A";
WHEREAS, the Authority, the County, the City, and the Town have previously entered into
this Members Use Agreement originally dated October 23, 1991, as amended by five (5) amendments
dated June 1, 1992 (First Amendment), December 2, 1996 (Second Amendment), February 1, 1999
(Third Amendment), April l, 2005 (Fourth Amendment), and March 23,2009 (Fifth Amendment)
(collectively referred to as the "Original Agreement"), and now desire to further amend and restate
the Original Agreement with this Agrcement to make provisions for Salem becoming a member of
the Authority and to make certain other changes as set forth herein;
WHEREAS, the parties have developed and plan to further develop, construct, modifr, and\or
expand through the Authority, the Landfill, Transfer Stations, and Facilities including Facilities
related to the transportation and disposal of Acceptable Waste, including exercise of any and all
powers granted by the Act;
WHEREAS, the parties intend through the Authority to contract for a supply of Acceptable
Waste to be delivered to the Facilities;
WHEREAS, the City, County, Town, and Salem wish to contract with the Authority to obtain
rights to dispose ofAcceptable Waste generated within their respective jurisdictions;
WHEREAS, pursuant to this Agreement, the City, County, Town, and Salem desire to set
forth the terms and conditions of the disposal ofAcceptable Waste through use of the Facilities; and,
WHEREAS, the purpose for which the Authority has been formed is to exercise any and all
powers granted by the Act, including, without limitation, to acquire, finance, construct, operate,
manage, and maintain a garbage and refuse collection and disposal system and related facilities.
AGREEMENT
NOW, THEREFORE, the parties to this Agreement ag.ree as follows:
INTRODUCTION
(a) The above whereas clauses are hereby incorporated into and made a part ofthis Agreement.
(b) This Agreement shall be known as The Amended and Restated Roanoke Valley Resource
Authority Members and Facilities Use Agreement dated as of July 1, 2016.
ARTICLE I
DEFINITIONS
Unless otherwise defined, each capitalized term used in this Agreement shall have the meaning
set forth below.
"Acceptable Waste" means non-hazardous "municipal solid waste", "industrial waste" and
"agricultural waste", "construction waste", "debris waste", "demolition waste", as defined in the
Virginia Department of Waste Management Solid Waste Management Regulations, as amended, (the
"DWM Regulations"), and such other wastes as Authority shall agree in writing to accept from time
to time, subject to such limitations and exclusions as are imposed by Applicable Law and excluding
all Unacceptable Wastes.
"Act" means the Virginia Water and Waste Authorities Act, Chapter 5 1, Title 15.2, Sections
15.2-5100, et seq., Code of Virginia of 1950, as amended.
"Annual Budget" means the annual budget of the Authority as described in Section 5.9.
"Annual Deficit" means any actual deficit at the end ofa Fiscal Year consisting ofan excess
of Operating Costs over Operating Revenues for such Fiscal Year incurred by the Authority acting
pursuant to an Annual Budget and any amendments thereto approved in advance by all Users in
accordance with Section 5.9.
"Applicable Law" means any law, regulation, requirement (including but not limited to permit
and govemmental approval requirements) or order ofany local, state or federal agency, court or other
govemmental body, applicable from time to time to the acquisition, design, construction, equipping,
testing, start-up, financing, ownership, possessor or operation (including but not limited to closure
and post-closure operations) of the Facilities or the performance of any obligations under any
agreement entered into in connection therewith.
"Articles of Incorporation" means the Articles of Incorporation ofthe Authority as they may
be amended and restated from time to time.
"Authority Default" means any ofthe events ofdefault described in Section 6.2.
"Bonds" means any Revenue Bonds, or other obligation, issued by the Authority to finance
the acquisition, construction, improvement, and equipping of the Facility/Facilities, including any
revenue bonds issued to refund such Bonds.
"Bylaws" means the Bylaws of the Authority, as they may be amended from time to time.
"Capital Expenditure" means any single expenditure intended to benefit and be amortized
over 5 or more accounting periods under Generally Accepted Accounting Principles.
"Charter Member Users" or "Charter Member User" means Roanoke County, the City of
Roanoke, and the Town of Vinton, as the context may require.
"Contract Municipal Customer(s)" means any local govemment entity, located wholly or
partially within a sixty (60) mile radius of a Facility and under contractual obligation with the
Authority or permitted to bring Acceptable Waste generated within said local govemment entity's
jurisdiction to a Facility.
"Debt Service Payments" means the payments of principal, premium, if any, and interest
required to be made by the Authority with respect to the Bonds.
"Designated Hauler" means any person (other than a User) (1) who is authorized to deliver
Acceptable Waste to the Facility on behalf of a User or a Contract Municipal Customer and
originating from User's or Contract Municipal Customer's jurisdiction, for a fee paid by the User; or,
(2) who collects Acceptable Waste pursuant to contract with or franchise from the User and is
designated to the Authority as such by the User in writing.
"Event of Default" means the events of default set forth in Section 6.2 and 6.3.
"Facility" and/or "Facilities" as the context may require, means the Landfill located in
Roanoke County; and./or, as the context may require, Transfer Station; and/or, any other
operation/structure owned and operated by, or on the behalfof, the Authority.
"Fiscal Year" means the period from July 1 ofone year to June 30 ofthe next year.
"Hazardous Waste" means (i) "hazardous waste" as such term is defined in the DWM
Regulations, (ii) "hazardous waste" as such term is defined in the Resource Conservation and
Recovery Act, 42 U.S.C. $$6901 et seq. as amended from time to time; and (iii) solid waste that
because of its quantity, concentration, or physical, chemical or infectious characteristics may pose or
significantly contribute .to a substantial present or potential hazard to human health, the Facility, or
the environment when treated, stored, transported, or disposed ofor otherwise managed.
"Host Community Fee" means the annual fee paid by the Authority to a Charter Member
User or a User for hosting the Facilities as set forth in Section 7.1 .
"Indenture" means any Indenture of Trust or other document, entered into by the Authority
pursuant to which Bonds are issued.
"Landfill" means the regional landfill to be developed and operated by the Authority on one
or more sites for the disposal and fill of Acceptable Waste in accordance with the special use permit
provided pursuant to County item 62789-10 and Resolution 62789-12, each dated June 27, 1989.
"Leachate" means wastewater generated at and by Facilities.
"Maximum Annual Tonnage" means the maximum annual total tonnage of Acceptable Waste
disposed ofat the Landfill agreed by the Authority and Users to be 330,000 tons per year.
'New Member(s)" means all local government entities that are members of the Authority,
other than the Charter Member Users, in accordance with Section 4.4.
"Operating Costs" means all actual costs of the Authority properly allocable to acquiring,
constructing, equipping, maintaining and operating the Facility and set forth in the Annual Budget,
including, but not limited to:
( I ) Salaries and fringe benefits of employees;
(2) Utilities, fuel, equipment (including but not limited to trucks and heavy equipment)
tools and supplies;
(3) Engineering, testing, and consulting costs for design and operation, testing,
monitoring, and closure;
(4) All costs for compliance with all permit conditions and compliance with
Applicable Law, including costs for treatment and disposal of leachate or materials
inappropriately disposed or delivered to the Facility;
(5) Debt Service Payments;
(6) Legal costs incurred in connection with the zoning, permitting, financing,
operating and defending of The Facility and the Authority;
(7) Insurance costs and the costs ofbonds, letters ofcredit, escrows or other financial
assurance or allowance for environmental monitoring and assurance, closure, post-
closure or property value guarantees or for compliance with Applicable Law;
(8) Reasonable host community allowances as identified and set forth in the special
use permit for the Landfill Roanoke County item 62789-10, and Resolution 62789- 12,
each dated June27,l989; and as set forth in the Solid Waste Transfer Facility Design
Criteria, dated March 19, 1991, and Solid Waste Transfer Facility Operating Criteria,
dated May 21,1991, as approved by the City Planning Commission on June 5, 1991
and/or as provided in this Agreement;
(9) Capital Expenditures necessary for compliance with Applicable Law, Capital
Expenditures necessary for normal maintenance and reasonable periodic expansion of
the Facility and Capital Expenditures incurred in connection with Uncontrollable
circumstances;
( 10) Purchase and maintenance costs of equipment and maintenance of the Facility;
(11) All taxes, including but not limited to those on real property, equipment or
income;
(12) All accounting and bookkeeping fees and charges;
( 13) All costs associated with uncollectible accounts;
( l4) The Authority's costs for Transportation Services; and
( I 5) All amounts required to be paid by the Authority to replenish deficits in the Debt
Service Reserve Fund or the Rate Stabilization Fund, or any similar funds, created
pursuant to the Indenture.
"Operating Revenues" means all income and revenues derived by the Authority from the
ownership or operation ofthe Facilities, including the receipts of Tipping Fees from the Users, Private
Haulers and Designated Haulers (but excluding any payments of any User's Pro Rata Share) and
income from the investment ofmoney held by or on behalfofthe Authority.
"Private Hauler" means any person (other than a User or a Designated Hauler) who disposes
of Acceptable Waste originating from User's or Contract Municipal Customer's jurisdiction at the
Facilities, including individuals delivering household waste in privately owned vehicles.
"Pro Rata Share" means that share ofthe Annual Deficit which is in the same proportion that
the estimated population of the respective User bears to the total estimated population of all
jurisdictions then members of the Authority which are then subject to payment of a Pro Rata Share,
both as most recently projected on an annual basis by the Center For Public Service at the University
of Virginia.
"Transportation Services" means Authority-contracted transportation services provided by the
Norfolk Southem Railway, and any other Authority-contracted service provider, for the transportation
of Acceptable Waste and Leachate.
"Reciprocating Local Govemment Entity" means any local govemment entity entering into a
reciprocal, contractual agreement with the Authority for purposes of managing or disposing ofall or
a portion ofeach entity's Acceptable Waste, respectively.
"Recycled Waste" means material diverted from the waste stream for separate processing in
accordance with the applicable requirements of state and federal law and implementing regulations.
"Roanoke Transfer Station" means the Transfer Station located in the City of Roanoke, sited
pursuant to and subject to the terms and conditions of the Solid Waste Transfer Facility Design
Criteri4 dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May
2l , 1991 , as approved by the City Planning Commission on June 5 , 1 99 1 .
"Tipping Fee" means the per-ton fee, or otherwise proportionate rate as published in the
Authority's posted rate schedule, payable to Authority for the disposal of Acceptable Waste.
"Ton" or "ton" means a unit of weight equal to 2000 pounds.
"Transfer Station" means any facility, fully permitted by the Commonwealth of Virginia and
owned and operated by, or on the behalfof, the Authority, only for the transfer of Acceptable Waste
by Transportation Services to the Landfill, or other temporary, emergency designated disposal
facilities as provided in Sections 4.1. (a) and 4.4.1.
"Unacceptable Waste" means waste which the Facility is precluded by Applicable Law from
accepting, including, without limitation, medical wastes, hazardous wastes, waste as proscribed by
applicable federal, state or local law or regulations, or waste otherwise prohibited by the Authority.
"Uncontrollable Circumstance" means any event or condition, whether affecting the Facility,
any User or the Authority, that interferes with the acquisition, design, construction, equipping, start-
up, operation, ownership or possession of the Facility or other performance required hereunder, if
such event or condition is beyond the reasonable control, and not the result of willful action ofthe
party relying thereon as justification for any nonperformance including but not limited to an act of
God, storm, flood, landslide, earthquake, fire or other casualty, war, blockade, insurrection, riot, the
order orjudgment ofany local, state, or federal court, administrative agency or governmental officer
or body, a strike, lockout or other similar labor action .
"User" or "Users" means the Charter Member Users, and New Members constituting the
Authority under the terms of this Agreement, if applicable, as the context may require.
"User Default" means any ofthe events ofdefault described in Section 6.3.
ARTICLE II
TERM OF AGREEMENT
Section 2.1. Term. This Agreement shall become effective upon its execution, subject to
the terms and conditions contained herein, and shall be effective and the Authority shall have
existence until January 1, 2066, unless further extended pursuant to the provisions ofthe Act, provided
that the Authority and this Agreement shall in any event continue until adequate closure and post-
closure obligations and responsibilities with respect to the Facilities have been met.
Users covenant and agree to undertake in good faith and in a timely manner all actions
necessary for the establishment of the Authority and the establishment and operation ofthe Facility
as set forth herein.
Section 2.2. Applicability: Amendments. The Authority and Users covenant and agree that
except as stated herein the terms, conditions and requirements contained in this Agreement shall apply
equally to each User and further covenant and agree that this Agreement and the A(icles of
Incorporation shall not be amended or changed in any way without the consent of Authority and the
consent ofthe goveming body ofeach User. The parties hereto further covenant and agree that, except
in case ofan Uncontrollable Circumstance, the Authority shall engage in the collection and disposal
ofgarbage and refuse at and through the Facilities, and that the Authority shall be authorized to engage
in or provide for commercial and/or residential garbage and refuse collection activities or services.
Authority shall also be authorized to engage in recycling activities with regard to Acceptable
Waste for which Authority has accepted title in accordance with Section 4.5 of this Agreement,
provided, however, that Authority shall not require any specific recycling methodology, goals, limits
or standards for a User without such User's consent and provided further that Authority shall not in
any manner subsidize any User's recycling program except for incentive programs to encourage
recycling that benefits all Users proportionately on the basis ofpopulation.
ARTICLE III
FACILITY CONSTRUCTION AND OPERATION
Section 3.1. Facility Construction and Operation.
(a) Subject to the provisions of this Section, Authority agrees that it will construct and
equip the Facilities. Authority further agrees to use its best efforts to obtain the necessary permits and
approvals required under Applicable Law to construct and equip the Facilities as described.
(b) Authority shall construct and maintain at its expense any facilities, improvements, and
buildings necessary for the operation ofthe Facilities and shall fumish all labor, tools, and equipment
necessary to operate the Facilities, in accordance with Applicable Law.
Section 3.2. Use ofFacilities. The Authority and the Users covenant and agree that, except
as provided in section 4.4.1 Emergency Temporary Use of Authority's Facilities, below, the Facilities
provided for herein may only be utilized by the Users, the Designated Haulers, and the Private
Haulers, Contract Municipal Customers, and properly authorized persons and entities disposing of
Acceptable Waste generated within their respective jurisdictions. The Authority and Users further
covenant and agree that, except as provided in section 4.4.1 Emergency Temporary Use of Authority's
Facilities, below, any Facility shall not be utilized by any other person or entity without the express
prior consent ofthe Authority and the goveming body of the User where the Facility is located.
Use and operation of the Landfill shall be subject to and in compliance with the terms and
conditions in the special use permit provided pursuant to Roanoke County Item 62789-10, and
Resolution 62789-12, each dated J:une 27 ,1989. Use and operation ofthe Roanoke Transfer Station
shall be subject to and in compliance with the terms and conditions in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating
Criteria, dated May 21,1991, as approved by the City Planning Commission on June 5, 1991, all as
amended from time to time.
ARTICLE IV
OBLIGATIONS RELATING TO DELIVERY AND
ACCEPTANCE OF WASTE; OPERATING PROCEDURES
Section 4.1. Delivery and Acceptance.
(a) Throughout the term of this Agreement, Authority agrees to accept and dispose of
Acceptable Waste delivered by or on behalf of the Users in accordance with the terms of this
Agreement and agrees to do so at and through the Facilities unless an Uncontrollable Circumstance
renders all or a portion of the Facilities inoperable. In such case the Authority may and is authorized
to provide by separate agreement between the Authority and any local govemment owned and
operated solid waste disposal or transfer facility located within sixty (60) miles ofthe Facilities, for
the reciprocal, emergency, temporary disposal of all or part of the Authority's Acceptable Waste at
said local govemment's solid waste disposal facility/facilities. The Authority further agrees to use its
best efforts to operate the Facilities as economically as possible and to maintain a competitive Tipping
Fee structure to encourage use of the Facilities by Private Haulers and Contract Municipal Customers.
(b) Each User shall have the right to deliver, or cause to be delivered, to the Facilities all
Acceptable Waste generated within its political jurisdiction. Except in the case of an Uncontrollable
Circumstance, each User, that is party hereto, further agrees to deliver, or cause to be delivered, to
the Facilities, all Acceptable Waste, except Recycled Waste, which is generated or collected by the
User, collected by a Designated Hauler, or collected by any other waste hauler who collects
Acceptable Waste on behalfofthe User, and each User agrees to do so to provide a constant revenue
stream to the Authority in recognition ofthe fact that Private Haulers have no legal obligation to use
the Facilities.
Section 4.2. Operating Rules. The Authority shall promulgate specific rules and procedures
for the use and operation of the Facilities, which shall be deemed a part of this Ageement following
notice to the Users ofsuch rules. The rules and procedures may be modified by Authority from time
to time upon notice to the Users from Authority. A copy ofsuch operating rules shall be available
at the Facilities upon request. The parties agree to be bound to such rules and procedures in all
respects. The rules may include fines for attempts to dispose of Unacceptable Waste in the Facilities
and procedures for banning Designated Haulers and any other persons who violate the rules. Authority
and Users agree that such rules and procedures shall not be inconsistent with this Agreement. In the
event of a conflict between such rules and procedures and this Agreement or the Articles of
Incorporation, this Agreement or the Articles of Incorporation shall prevail.
Section 4.3. Voting Representation. Notwithstanding any contrary provision in the Articles
of Incorporation, Bylaws, or this Agreement, Authority, the Charter Member Users, and Salem
covenant and agree that the initial voting representation on the Authority shall consist of 5
representatives from the County, 2 representatives from the City of Roanoke, 1 representative from
the Town, and I representative from the City of Salem and that neither ofthe following actions shall
be taken or permitted to occur by the Authority without the express consent of Roanoke County and
the City ofRoanoke, as expressed by the affirmative vote ofall Roanoke County and City ofRoanoke
representatives on the Authority:
(l) Any change in the terms or conditions of design or operation of the Roanoke
Transfer Station located in the city as set forth in the Solid Waste Transfer Facility
Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteri4 dated May 21, 1991, as approved by the City Planning
Commission on June 5, 1991, and the Part A and Part B applications for the Roanoke
Transfer Station as approved by the Commonwealth of Virginia, or any expansion
or modification of the Transfer Station; or,
(2) Any change in the terms or conditions ofdesign or operation ofthe Landfill located in
the County of Roanoke as set forth in the special use permit approved pursuant to
Roanoke County item 62789-10, and Resolution 62789-12, each dated hne27,1989,
and ths Part A and Part B applications for the Landfill as approved by the
Commonwealth of Virginia, or any expansion or modification of the Landfrll.
Section 4.4. New Members. Because the Landfill is a scarce and valuable resource and
because all Users have a common interest in insuring that the Landfill is utilized only for the proper
disposal of Acceptable Waste and because Authority and Users desire to make the best possible and
most efhcient use of the Landfill, Users and Authority covenant and agree as follows:
No person or entity shall be permitted to utilize the Facilities except pursuant to the
general terms and conditions of this Agreement;
Except as provided in Section 4.4.1 Emergency Temporary Use of Authority' s
Facilities, below, only Users, Designated Haulers, and Private Haulers, disposing of
Acceptable Waste generated within the Users' jurisdictions, and Contract Municipal
Customers shall be permiued to utilize the Facilities;
Additional Users may join the Authority by a simple majority vote of the Authority
and compliance with Applicable Law, provided that the following conditions have
been met:
(a) The additional volume of Acceptable Waste that would be disposed of at the
Landfill as a result of such proposed new User's joining is not projected to cause
the total aggregate amount from all User jurisdictions and Conffact Municipal
Customers to exceed the Maximum Annual Tonnage.
(b) The proposed new User jurisdiction shall be responsible for all the costs and
expenses olsuch waste stream as determined to be necessary by Authority.
(c) Each New Member joining the Authority will be entitled to one voting
representative on the Authority and Roanoke County shall be entitled to one
additional voting representative for each such New Member joining the
Authority. as necessary. to maintain its majority.
(d) The proposed new User shall execute and deliver an agreement substantially
similar to this Agreement as required by the Authority.
(e) As applicable to the City of Salem becoming a New Member and upon issuance
by the State Corporation Commission ol a Certificate of Joinder and/or
Restatement:
(1.,Subject to the items in (ii) below, the Authority will pay the City of
Salem the total sum of One Million, Seven Hundred and Eighty-One
Thousand, Four Hundred and Seventy-Three and 221100 Dollars
($1 ,781,473.22), which is the amount Salem has identified as necessary
to retire any and all outstanding debt owed on the City of Salem's
existing transfer station;
The City of Salem will convey good and marketable title of the City of
Salem's existing transfer station and all related existing equipment, real
property, and existing site work as is, as described in Exhibit "B" , such
that said transfer station becomes a Facility, and such real property is
not subject to any material environmental issues as determined by the
Authority.
(ii.)
Section 4.4.1 Reciprocal Emereency Temporar.y Use of Authoritv's Facilities. The Authority
hereby allows for the reciprocal, emergency, temporary use ofthe Transfer Station for the disposal at
(1)
(2)
(3)
the Landfill of only Acceptable Waste which originates within the Reciprocating Local Govemment
Entity's jurisdiction, subject to and upon the following terms and conditions:
(1) Authority and the Reciprocating Local Govemment Entity shall enter into an
appropriate reciprocal agreement in form approved by the Authority for the temporary emergency use
of each other's waste disposal facilities. Prior to any delivery of waste by the Reciprocating Local
Govemment Entity at the Transfer Station, the Reciprocating Local Govemment Entity shall provide
advance written notice to the Authority's Chief Executive Officer of (i) the nature of the emergency;
(ii) the estimated duration of the emergency use; and, (iii) the estimated daily amount of municipal
solid waste requested to be delivered for disposal.
(2) Such use shall be subject to prior written approval of the Authority's Chief
Executive Offrcer and the Reciprocating Local Govemment Entity's compliance with all Applicable
Laws, rules, regulations, and procedures, including, without limitation, the Authority's Operating
Rules, regulations and procedures.
(3) The fees and charges applicable to such use shall be as established by the
Authority from time to time.
(4) Under no circumstances shall the Authority accept or be deemed to have
accepted for disposal or title to any Hazardous Waste or Unacceptable Waste.
(5) The Reciprocating Local Govemment Entity shall be responsible for and shall
pay any and all claims, suits, damages, fines, penalties, loss, or liability, including any required
cleanup or remediation, for damage to property, death or personal injury of any kind resulting from
or arising out of: (i) the operation or presence on Authority premises by the Reciprocating Local
Govemment Entity, its employees, agents, and contractors; (ii) the delivery to the Facilities or
handling of Hazardous Waste or Unacceptable Waste; or, (iii) any violation of any law, rule,
regulation, or procedure.
Section 4.5. Title to Acceptable Waste. Upon Authority's acceptance of any Acceptable
Waste, Authority shall receive title to such Acceptable Waste. Authority may, at its sole election, take
title to Acceptable Waste at an earlier time if it notifies the affected User of the exercise of such
election. Authority shall never be deemed to have title to Unacceptable Waste unless it specifically
represents that it is aware the waste is Unacceptable Waste and it is specifically taking title to the
same. Inoperability of Authority's scales shall not affect the transfer of title. In the event of any
dispute regarding transfer oftitle, the affected User shall join with Authority in defense ofsuch title.
Section 4.6. Disposal of Unacceptable Waste. Authority shall notif! any person delivering
waste found before discharge into any Facility to contain Unacceptable Waste that the waste cannot
be disposed at the Facility. If Unacceptable Waste is disposed ofby or on behalf of any User, and
time and operations permit, Authority shall notify such User and such User shall promptly cause the
Unacceptable Waste to be removed from the Facility and disposed of in accordance with Applicable
Laws. In the event time and operations do not permit such notice or such User does not promptly
remove the Unacceptable Waste, Authority may, at its option, cause the same to be removed, and
disposed of in accordance with Applicable Law and such User shall be liable for the costs thereof.
The affected User shall reimburse Authority for the actual costs, expenses, fines, penalties and
liability resulting from the deposit of such Unacceptable Waste identified to have been disposed of
by such User in the Facility, and, upon submission of satisfactory evidence of such costs, shall pay
all such costs within 45 days of an invoice therefor; provided that the Authority shall not pay or agree
to pay any fine or penalty, or acknowledge any liability unless the affected User is given an
opportunity to participate and defend any such action seeking to impose a fine, penalty, or liability.
Section 4.7. Household Hazardous Waste Collection Facility. Notwithstanding any other
provision of this Agreement, the Authority shall be authorized to operate a household hazardous waste
collection facility and operation at Transfer Station site(s) for the on-going collection, storage, and
off-site disposal of household hazardous waste originating from the residential households located
within the Users' jurisdictions, or Contract Municipal Customer's jurisdiction if Authorized by the
Authority. Such household hazardous waste facility and all related activities, including, without
limitation, the collection, storage, and transportation and off-site disposal of household hazardous
waste, shall be in compliance with all applicable local, state and federal rules, laws, and regulations.
ARTICLE V
TIPPING FEES; OTHER CHARGES
Section 5.1. Tippine Fees. Authority shall charge Tipping Fees for Acceptable Waste
delivered to the Facilities and accepted by Authority for disposal. The Tipping Fees shall be
established and adjusted from time to time in accordance with the requirements of the Act and any
Indenture. Subject to the terms and conditions ofthis Agreement, Authority and Users recognize and
agree that there may be numerous separate classes of users of the Facilities including (1) Users,
(2)Contract Municipal Customers, (3) Designated Haulers, and (4) various categories of Private
Haulers with different Tipping Fees for each class. Because the Landfill is a scarce and valuable
resource, and Users and Authority intend to preserve its use to the maximum degree possible,
Authority may establish different Tipping Fees for entities other than the Users who use the Facilities.
Users shall be liable lor any Tipping Fees payable by their respective Designated Haulers.
Section 5.2. Payments: Liability of Users.
(a) All amounts payable hereunder shall be invoiced on a monthly basis unless
otherwise indicated. Amounts invoiced shall be due 20 days after the date ofreceipt ofthe invoice.
Each invoice shall list all deliveries made during the applicable period and all information on the
related weight records.
(b) Authority may maintain separate records for the amounts payable by each
person and entity under this Agreement.
Section 5.3. Pavment for Out-of-Hours Deliveries. Authority may charge such amounts as
it deems appropriate for deliveries at times other than the Facility's normal hours ofoperation.
Section 5.4. Late Payment. Any amount payable under this Agreement by Users,
Designated Haulers, Private Haulers, or Commercial Contract Customers that is not paid when due in
accordance with this Agreement shall bear interest compounded monthly at the lesser of - (1) 2l%o or
(ii) the highest rate allowed by law.
Section 5.5. Tippine Fee Adjustment. Until the resolution ofany disagreement about any
Tipping Fee adjustment, Users shall pay the Authority's proposed adjustment. Authority shall,
immediately after the resolution, reimburse User and Designated Haulers for the aggregate amount
of any overpayment, ifany, occurring as a result of the subject matter of the disagreement.
Section 5.6. Relative Charees. The Authority and Users covenant and agree that Users shall
be charged the same Tipping Fees for use ofthe Facilities. Subject to the foregoing, Users shall pay
to Authority the Tipping Fees set forth in the fee schedule adopted by Authority in accordance with
the Act and this Agreement. The Authority may establish fees for special wastes as defined by the
rules and procedures promulgated by the Authority pursuant to section 4.2, tires for Private Haulers,
and for individuals delivering household waste in privately owned automobiles and pick-up trucks as
it deems appropriate.
Section 5.7. Oblieation to Pav Pro Rata Share.
(a) Subject to the terms and conditions of this Agreement, each User shall pay to the
Authority or such other person as the Authority may designate its Pro Rata Share of any Annual
Deficit not less than thirty (30) days after receipt of written request therefor from the Authority.
The Authority shall compute each year's Pro Rata Share in accordance with this Section and send
notice to each User of its Pro Rata Share within thirty days after the close of each Fiscal Year.
Each Pro Rata Share shall be the proportionate obligation ofeach User to pay the Annual Deficit
computed on a pro rata basis based on the percentage the User's population', as of the close ofthe
preceding Fiscal Year as projected by the Center for Public Service at the University of Virginia,
bears to the total population of all Users which are then subject to payment of a Pro Rata Share.
The initial Pro Rata Share ofeach User shall be based on the following percentages:
Roanoke County
City of Roanoke
Town of Vinton
City of Salem
41.70%
43.50%
359%
11.21%(b) The obligation ofeach User to make payments of its Pro Rata Share under this Section
shall be subject to and contingent upon the provisions of Section 5.9 and appropriations being made
for such purpose by the goveming body of the User. Nothing in this Section or this Agreement shall
constitute a pledge of the full faith and credit of any User under any provisions of its charter or the
Constitution of Virginia or a bond or debt of any User within the meaning of any provision of the
Constitution of Virginia or such User's charter. Subject to the provisions of this Agreement, the
obligations of each User to make payments under this Section and to observe and perform all other
covenants and agreements under this Agreement are unconditional, inespective ofany rights of set-
off, recoupment, or counterclaim that any User may have, jointly or individually, against the
Authority.
(c) At the option of any User, such User may terminate its obligation to make payments
of it Pro Rata Share, but only if the annual reports required by Section 5.8 shall show that:
(D no Annual Deficit has occurred for the five preceding
Fiscal Years; and
(iD Operating Revenues have been equal to at least
110% of Operating Costs lor the two preceding
Fiscal Years.
Section 5.8. Books and Records. The Authority shall maintain all books, records and accounts
necessary to record all matters affecting the Tipping Fees or other amounts payable by or to Users
and the Authority under this Agreement. All such books, records and accounts shall be maintained in
accordance with generally accepted accounting principles, shall accurately, fairly and in reasonable
detail reflect all Authority's dealings and transactions under this Agreement and shall be suffrcient to
enable those dealings and transactions to be audited in accordance with generally accepted accounting
principles. Within one hundred twenty (120) days after the close of each Fiscal Year, the Authority
shall deliver to each User an annual report accompanied by a certificate ofan independent certified
public accountant, including, among other things, a statement ofthe hnancial position ofthe Authority
at the end of such Fiscal Year, a statement of Operating Revenues and Operating Costs under this
Agreement, and the amount, ifany, ofthe Annual Deficit. All such books, records and accounts shall
be available for inspection and photocopying by any User on reasonable notice so that it can verify
Tipping Fees or other amounts payable under this Agreement. All such books, records and accounts
shall be kept by the Authority for at least six years (or any longer period required by Applicable Law).
Section 5.9. Annual Budeet. The Authority shall provide to the Users for approval, on or
before each April 1, its Annual Budget for the upcoming year. The Authority shall also provide to
the Users for approval in advance any amendment of any kind to the Annual Budget. The Annual
Budget shall set forth (i) the budgeted Operating Costs for such Fiscal Year, itemizing each category
ofexpenditure, including the amount ofDebt Service Payments coming due in the next Fiscal Year,
ifapplicable; and, (ii) the budgeted Operating Revenues for such Fiscal Year; and (iii) the budgeted
Tipping Fees necessary to balance the Annual Budget. The Authority shall also provide Operating
Costs and Operating Revenues for the then current Fiscal Year. The Annual Budget for an upcoming
Fiscal Year and any amendments thereto shall not be effective and no expenditures shall be made by
Authority under the proposed Annual Budget unless and until such Annual Budget and any
amendments have been approved by the governing bodies of Users, such approval not to be
unreasonably withheld. The Authority shall continue operating within the expenditure levels
approved under the Annual Budget for the immediately preceding Fiscal Year, excluding any Capital
Expenditures, until such time as a new Annual Budget is approved.
ARTICLE VI
DEFAULT AND TERMINATION
Section 6. l. Remedies for Default.
(a) In the event ofthe breach by any party of an obligation under this Agreement, the
right to recover damages or to be reimbursed will ordinarily constitute an adequate remedy. The
parties hereto agree that as long as any Bonds remain unpaid or their payment has not been provided
for in accordance with the Indenture, no party may terminate its obligations under this Agreement.
(b) The Authority may refuse to accept any Acceptable Waste that is collected by a
User if such User fails to pay any amount due hereunder until the amount and any late payment
interest on it have been paid if the Authority has mailed a written notice of the failure to pay the
amount due under this Agreement to such User at the address to which invoices are sent by certified
mail accompanied by a copy ofthe invoice for the unpaid amount.
(c) The parties hereto acknowledge that, in the event ofany Event of Default the non-
defaulting party shall be entitled to recover, to the extent proven, all of their respective damages,
including incidental and consequential damages, caused by such Event of Default. The parties hereto
agree that damages for any such Event of Default may include, without limitation: (i) amounts
payable under this Agreement (including, without limitation, Tipping Fees); (ii) lost revenues and
damages under any contract unable to be performed or realized, in whole or in part, by reason of
such Event of Default; (iii) accelerated amounts if required under any contract or agreement as a
result of an Event of Default specified in Section 6.3(a); (iv) interest from the date of payment on
any amounts borrowed or required to be advanced in connection with such Event of Default,
including interest on amounts paid to mitigate damages or prevent a default from arising under any
agreement relating to the Facilities or its operations; (v) increased Operating Costs, and (vi)
reimbursement for all reasonable expenses and costs, including the fees and expenses of its counsel,
incurred in connection with any proceeding brought to recover such damages or to enforce the
provisions ofthis Agreement. To the extent permitted by Applicable Law, the parties hereto hereby
waive the right to trial by jury in any action or proceeding brought to enforce, construe or recover
damages for any breach ofthis Agreement.
Section 6.2. Events of Default by Authority. The following shall constitute an Event of
Default by the Authority ("Authority Default"):
The Authority's persistent or repeated failure or refusal substantially to fulfill any of its
material obligations to any User in accordance with this Agreement unless such failure or refusal shall
be excused orjustified by an Uncontrollable Circumstance or a default by a User hereunder; provided,
however, that no such failure or refusal shall constitute an Authority Default unless and until:
(i) Such User has given written notice to Authority stating that in its opinion a
particular default or defaults (described in reasonable detail in such notice) exist that
will, unless corrected, constitute a material breach of this Agreement by the Authority
and that will in its opinion give User a right to reimbursement or to recover damages
under this Agreement, or after all Bonds have been paid or their payment provided for,
a right to terminate its obligations hereunder, unless such default is conected within a
reasonable period of time, and
(iD Authority has neither corrected such default nor initiated reasonable steps to
correct it within a reasonable period of time (which shall in any event be not less than
thi(y days from the date of receipt of the notice given pursuant to clause (i) of this
Section); provided that if the Authority has commenced to take reasonable steps to
correct such default within such reasonable period of time, it shall not constitute an
Authority Event of Default for as long as the Authority is continuing to take reasonable
steps to correct it; or
Section 6.3. Events ofDefault by Users. Each ofthe following shall constitute an Event of
Default by a User ("User Default"):
(a) The failure by a User to pay any amount under this Agreement within 60 days after receipt
of written invoice therefor; or,
(b) The failure or refusal by a User to fulfill any of its obligations to Authority in accordance
with this Agreement unless such failure or refusal is excused or justified by an Uncontrollable
Circumstance; provided that no such failure or refusal shall constitute an Event of
Default unless and until
(D Authority has given prior written notice to such User stating that in its opinion
a particular default or defaults (described in reasonable detail in such notice) exist which will,
unless corrected, constitute a material breach of this Agreement on the part of the User and
which will in its opinion give Authority a right to reimbursement, recover damages or refuse
service under this Agreement for cause under this Section unless such default is corrected
within a reasonable period of time, and
(ii) Such User has neither corrected such default nor initiated reasonable steps to
correct it within a reasonable period of time (which in any event shall not be less than five
days from the date ofthe notice given pursuant to clause (i) of this Section); provided that if
User has commenced to take reasonable steps to correct such default within such reasonable
period of time, it shall not constitute an Event of Default for as long as User is continuing to
take reasonable steps to correct it, unless such default creates an emergency situation which
may endanger public health or safety, threaten the environment or endanger the continued
operation ofany Facility, in which case an Event of Default shall be deemed to have occurred
if such default is not corrected within ten days or less.
Section 6.4. Termination on Default. After all Bonds have been paid or their payment
provided for and they are no longer considered outstanding under any applicable Indenture, any User,
after giving written notice to all parties, may terminate this Agreement with respect to itself upon the
occunence of an Authority Default to the extent permitted by Applicable Law. The termination of
this Agreement by any User shall not terminate this Agreement as to any other User. The proper
exercise of the right of termination shall be in addition to and not in substitution for, such other
remedies, whether damages or otherwise, of the party exercising the right of termination.
Subject to the terms and conditions ofthis Agreement, ifany User fails to pay its Tipping Fees
or its Pro Rata Share after appropriations therefore have been made, such User shall remain liable for
such amounts and shall continue to be bound by this Agreement.
Section 6.5. Survival of Certain Rishts and Obligations. This Agreement shall remain in
full force and effect as long as any Bonds remain unpaid or their payment has not been provided for
under any applicable Indenture. Thereafter, this Agreement may be terminated, but no termination of
this Agreement shall limit or otherwise affect the rights and obligations ofany party that have accrued
before the date of such termination. Additionally, all obligations of Users with regard to any
Unacceptable Wastes shall survive the termination of this Agreement.
Section 6.6. Resolution of Disputes. The parties agree that should any question arise
between the Authority and a User who is a signatory to this Agreement relative to either engineering
or accounting, it shall be resolved as follows:
(a) If as to engineering, then by a majority of a committee of three composed of an
engineer appointed by the Authority, an engineer appointed by the User affected, and an independent
engineer, to be chosen by the foregoing two; provided, however, should the first two appointees not
be able to select the third appointee within thirty (30) days following the date of appointment of the
last of the first two appointees, then and in that event, application for appointment of the third
arbitrator shall be made to the Circuit Court judges of the 23rd Judicial Circuit of the Commonwealth
of Virginia which shall appoint the third arbitrator.
(b) Ifas to accounting, then by a majority ofa committee ofthree composed ofthe Chief
Financial Officer of the affected User, the Authority's chief financial officer, and an independent
certified public accountant, to be chosen by the foregoing two; provided, however should the first two
appointees not be able to select the third appointee within thirty (30) days following the date of
appointment of the last of the first two appointees, then application for appointment of the third
arbitrator shall be made to the Circuit Court judges of the 23rd Judicial Circuit of the Commonwealth
of Virginia which shall appoint the third arbitrator.
(c) In either case, the charge of the independent individual shall be bome equally by the
affected User and the Authority.
ARTICLE VII
MISCELLANEOUS
Section 7.1 . Host Community Fees. The Authority covenants and agrees to pay to each User
hosting the Landfill, the amount of$350,000 annually, for as long as the Landfill remains operational,
and to each User hosting a Transfer Station, the amount of$150,000 annually, for as long as such
Transfer Station remains operational. Any Charter Member User not hosting a Facility shall be paid
a Host Community Fee annually in the amount of $5,000, for as long as they are a User, for their
continued long-term support of the Facilities. Host Community Fees will be paid within 30 days after
the close of each Fiscal Year in consideration of the location of the Facility in their respective
jurisdiction or as otherwise provided herein.
Section 7.2. Extent of Aereement: Modification. This Agreement represents the entire and
integrated agreement between the Users and Authority and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by a
written agreement signed by Users, and Authority. Authority and Users expressly covenant and agree
that this Agreement shall not be changed or amended in any manner and the Authority shall not be
dissolved or any User permitted to withdraw, except as provided in Section 6.4, without the written
consent ofthe goveming bodies ofthe Users.
Section 7.3. Assignment. No assignment of this Agreement, or any right occurring under
this Agreement, shall be made in whole or part by any User without Authority's express written
consent. Users shall not resell to any entity the right to dispose ofAcceptable Waste at the Facilities,
either directly through a User or indirectly through a Designated Hauler, for an amount greater than
is paid by such User to Authority for such disposal by User (whether such charge is direct or additive),
without the express written consent of Authority, which consent may be withheld by Authority at its
sole discretion.
Section 7.4. Partnership. Nothing herein shall be construed to constitute a joint venture
between Authority and any User or the formation of a partnership.
Section 7.5. Authority as Successor to Roanoke County Resource Authoritv. The parties
hereto agtee and covenant that the Authority is the successor to the Roanoke County Resource
Authority.
Section 7.6. Severability of Invalid Provisions. If any clause, provision or section of this
Agreement is held to be illegal or invalid by any court, the invalidity ofthe clause, provision or section
will not affect any of the remaining clauses, provisions or sections, and this Agreement will be
construed and enforced as ifthe illegal or invalid clause, provision or section had not been contained
in it.
Section 7.7. Notices. All notices, certificates, requests or other communications under this
Agreement must be in writing and will be deemed given, unless otherwise required, when mailed by
first-class mail, postage prepaid, to the addresses set forth below:
If to the Authority:1020 Hollins Rd., N.E.
Roanoke, Virginia 24012
Attention: Chair, RVRA Board of Directors
If to the City of Roanoke: 2l 5 Church Avenue, S.W., Room 364
Municipal Building
Roanoke, Virginia 2401 1
Attention: City Manager
If to the County of Roanoke: P.O. Box 29800
Roanoke, Virginia 2401 8-0798
Attention: County Administrator
If to the Town of Vinton: P.O. Box 338
Vinton, Virginia 24179
Attention: Town Manager
If to the City of Salem: 114 North Broad St.
P.O. Box 869
Salem, Virginia 241 53
Attention: City Manager
The parties may by notice given under this Section, designate such other addresses as they may deem
appropriate for the receipt of notices under this Agreement. If, by reason of the suspension of or
inegularities in regular mail service, it is impractical to mail notice of any event when notice is
required to be given, then any manner of giving notice which is satisfactory to the intended recipient
will be deemed to be sufficient.
Section 7.8. Litisation. The Authority is not a party to any legal, administrative, arbitration
or other proceeding or controversy pending, or, to the best ofthe Authority's knowledge, threatened,
which would materially adversely affect the Authority's ability to perform under this Agreement.
Each User represents as to itselfthat it is not a party to any legal, administrative, arbitration, or other
proceeding or controversy pending, or, to the best of its knowledge, threatened, which would
materially and adversely affect its ability to perform under this Agreement.
Section 7.9. Further Documents and Data. The pa(ies to this Agreement will execute and
deliver all documents and perform all further acts that may be reasonably necessary to perform the
obligations and consummate the transactions contemplated by this Agreement.
Section 7.10. Counterparts. This Agreement may be executed in any number ofcounterparts,
each ofwhich, when so executed and delivered, will be an original, and the counterparts taken together
will constitute one and the same instrument.
By:
Its:
IN WITNESS WHEREOF, the parties have each caused this Agreement to be signed as of the
date above written.
AUTHORITY:
ROANOKE VALLEY RESOURCE AUTHORITY ATTEST:
Title:
APPROVED TO FORM:
Roanoke Valley Resource Authority Attorney
USERS:
COUNTY OF ROANOKE, VIRGINIA
By:
Its:
APPROVED TO FORM:
Roanoke County Attorney
CITY OF ROANOKE, VIRGINIA
By:
Title:
APPROVED TO FORM:
Roanoke City Attorney
TOWN OF VINTON, VIRGTNIA
Title:
By:
Its:
By:
Title:
APPROVED TO FORM:
Vinton Town Attorney
CITY OF SALEM, VIRGINIA
By:By:
Its:
APPROVED TO FORM:
Salem City Attorney
Title:
Exhibit "A"
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council ofthe Town of Vinton, the
City Council of the City of Roanoke, and the City Council of the City of Salem have by concurrent
resolution adopted the following Amended and Restated Articles of Incorporation of the Roanoke
Valley Resource Authority pursuant to the Virginia Water and Waste Authorities Act, Chapter 28,
Title 15.2, sections 15.2-5100, et seq. ofthe Code ofVirginia (1950), as amended, ("Act"):
(1) The name of the Authority shall be the Roanoke Valley Resource Authority and the
address of its principal office is 1020 Hollins Road, N.E., Roanoke, Y irginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem,
as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these
Amended and Restated Articles oflncorporation shall not be further amended or changed without the
express agreement ofeach ofthe goveming bodies ofeach ofthe incorporating political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority without
the consent ofthe City of Roanoke and the County of Roanoke as expressed by the affirmative vote
of all City and County representatives on the Authority:
(a) Any change in the terms and conditions ofdesign or operation ofthe Transfer
Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design
Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated
May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and
the Part A and Part B applications for the Transfer Station as approved by the Commonwealth
of Virginia, or use by any persons or entities other than City of Roanoke, County ofRoanoke,
Town of Vinton, the City of Salem or any other local govemment entity, located wholly or
partially within a sixty (60) mile radius of the Authority's property and under contractual
obligation with the Authority to bring acceptable waste generated within said local
govemment entity's jurisdiction to an Authority facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit and the Landfill
Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each
dated June 27,1989, and the Part A and Part B applications for the Landfill as approved by
the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable resources, and
because the participating political subdivisions have a common interest in insuring that the
Landfill is used in the best possible and most efficient manner, the participating political
subdivisions agree that Authority membership and operation and use of the Transfer Station
and Landfill shall be govemed by the terms and conditions of the Amended and Restated
Roanoke Valley Resource Authority Members and Facilities Use Agreement ("Use
Agreement"), dated as of July 1, 2016, and as such Use Agreement may be further amended
from time to time.
(3) The names, addresses, and initial terms of office of the members of the Board of the
Roanoke Valley Resource Authority ("Authority") are as follows:
Name
1. Anne-Marie Green
Address
Roanoke County
1216 Kessler Mill Road
Salem, Virginia
(Roanoke County)
Roanoke County
P.O. Box 29800
Roanoke, Virginia 2401 8
(Roanoke County)
Term Expires
12/3112019
2. Rebecca Owens 12t31/2018
3. Keith Garman 8538 Bradshaw Road 12/3112017
Salem, Virginia
(Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive 1213112017
Salem, Virginia 24153
(Roanoke County)
5' rhomas c' Gates i'"fftTflfr'#;*,r t2/31t2ots
(Roanoke County)
6' Michaer Shockrev
ii?si*:il;*nue. SW 12t31t2018
Room 354
Roanoke, Virginia 2401 1
(Roanoke City)
7. Robert "Bobby" Edwards 3045 Poplar Lane 12t3U2019
8. .Joev Hiner
Roanoke, Virginia 24014
(Roanoke City)
Town of Vinton
311 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
12/3112019
12t3U20t99. Norman Michael Tyler 1 14 N. Broad Street
Salem, Virginia 24153
(City of Salem)
The terms oloffice ofeach ofthe members shall become effective on the date ofissuance of
a certificate ofjoinder for the Authority by the State Corporation Commission in accordance with
Section 15.2-5112 ofthe Act and shall expire on the date indicated above. Upon expiration ofthe
foregoing terms, the goveming body of each participating political subdivision shall appoint the
number of members, who may be members of the goveming body, set fo(h opposite its name below:
County of Roanoke - five
City of Roanoke - two
Town of Vinton - one
City of Salem - one
It being the intention ofthese Articles that the goveming body olthe County of Roanoke shall
always appoint a majority ofthe members, whenever an additional political subdivision shall join the
Authority, the goveming body of the County of Roanoke shall be entitled to appoint one or more
additional members in order to maintain such majority. After expiration of the terms set forth above,
each member shall be appointed for a four-year term or until his successor is appointed and qualified.
Any additional members appointed by the County of Roanoke to maintain its majority shall also be
appointed for four-year terms. The goveming body ofeach political subdivision shall be empowered
to remove at any time, without cause, any member appointed by it and appoint a successor member
to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the
Authority for the amount of actual expenses incurred by him or her in the performance ofhis or her
duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage and
refuse collection and disposal system and related facilities pursuant to the Act. For purposes ofthese
Articles, and any contracts or documents entered into on behalfofthe Authority, "garbage and refuse
collection and disposal system and related facilities" shall mean the collection and disposal ofgarbage
and refuse at and through one or more transfer facilities owned and operated by the Authority and
the associated landfill or disposal operations and including the authority to engage in or provide for
residential and,/or commercial garbage and refuse collection services. The Authority shall contract
with the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of Salem to
fumish garbage and refuse collection and disposal services upon identical terms and conditions
including the same schedule of service rates, fees, and charges ofall types which shall be uniformly
applicable to all such political subdivisions. Subject to the terms ofthe Use Agreement, the Authority
may contract with other political subdivisions to fumish garbage and trash disposal services upon
such terms as the Authority shall determine. The Authority may contract to make host locality
payments to Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to
compensate such localities in consideration of location of facilities within their communities and\or
for their support of the Authority. It is not practicable to set forth herein information regarding
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates
for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of
Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these Articles
and the Use Agreement, such other public or private entities as the Authority may determine upon the
terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by the
State Auditor of Public Accounts or by an independent certified public accountant at the end of each
fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the
participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Town
Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the City Council
of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley Resource Authority
have caused these Amended and Restated Articles of Incorporation to be executed in their respective
names, and their respective seals have been affixed hereto and attested by the respective secretaries
andior clerks ofeach.
ROANOKE VALLEY RESOURCE
AUTHORITY
CITY OF ROANOKE, VIRGINIA
By:By:
Name: Anne Marie Green
Chair
Name: David A. Bowers
Mayor
Attest:(sEAL)Attest:(sEAL)
Peggy Bishop, Secretary
ROANOKE COLTNTY, VIRGTNIA
By:
Name: P. Jason Peters
Chairman, Board of Supervisors
Attest:
Stephanie M. Moon Reynolds, City Clerk
CITY OF SALEM, VIRGTNIA
By:
Name: Byron Randolph Foley
Mayor
(SEAL) Attest:(sEAL)
Deborah C. Jacks, Clerk to the Board James E. Taliaferro, Clerk of Council
TOWN OF VINTON, VIRGINIA
By:
Name: Bradley Green
Mayor
Attest:(sEAL)
Susan Johnson, Town Clerk
[End of Form of Articles]
Land description: The
Street, approximately
of Tax Map # 198-6-2.1
City of Salem will convey 1271 Indiana
7.0 acres, more or less being a portion
and Tax Map #2 19 -1-1
Asset #Item
Stationary Equipment
2973 Com pactor No. 1
2982 Compactor N o.2
2975 40'60-Ton Flat Top Truck Scale
2976 60' 100{on Fl at Top Truck Scale
2974 Compuweigh Sys. Software
2963 Gateway E-9515R Server
2915 Corrugated Card board Baler
Subtotal
Serial #
153050
153061
836040H Dr.
8410060H D
NA
36751391
sE-504842-830
DW544E D525242
DW544E 8517602
3L4679
lGCE K14V9XZ1 12863
514457tL5
J M 2U F4143M0115203
530772472
5307 t2488
4484400964767
Capitalization
Date
1/3t/2OO7
L/3L/2OO7
L/3L/2oo7
t/3L/2OO7
L/3L/2OO7
7 /6/20c6
3/23/2006
7 /29/2OO8
7 /L7 /2006
9/8/2006
t2/3/Lss&
7/7/7999
a/29/t994
9/t7/2OO6
9/LL/2OO6
70/7s/2OLs
08-
07005
2966
2878
2479
2740
2703
2964
2965
15-
10001
Rolling Equipment
1989 John Deere 544 Wheel Loader
1989 John Deere 544 Wheel Loader
2006 Ottawa 30 Command o Switch
Truck
1999 Chev. K1500 Pickup Truck
2003 863G Bobcat Skid Steer
Loa der
1991Mazda 826001 Pickup Truck
2007 Bobcat S220K Skid Steer
Loader w/60" Bucket
2007 Bobcat 5220K Skid Steer
Loa der w/72" Sweeper
1993 Ottowa YT30 Shuttle Truck
Subtotal
39-LOOI
39-6002
39-8003
39-8004
39-BOOS
39-8006
39-8007
39-8008
39-1001
39-1002
39-1003
39-1004
39-1005
39-1006
Land -approx.5acres
6/30/1977
Note:Salem to reta in out-parcel
across the street; the total
acreage subject to final survey
Buildings and Site Work
Windows & Doors
Fence
Parking Lots & Paving
Pl umbi ng
Roofing
Buildings
Sprinkler System
Water System
Sanita ry Sewer System
Storm Drain
Sidewalks
Retaining Wall
Landsca ping
t/3L/2OO7
t/37/2OO7
t/37/2Oo7
L/3r/2OO7
t/3L/2OO7
L/3r/2OO7
L/3]-/2Oo7
L/3L/2oO7
L/3L/2oO7
t/3t/2oo7
7/37/2Oo7
1/37/20,07
r/37/2007
ITEM
DATE
A REsoLUTIoN AUTHoRIZING AND PRO.VIDING FOR A.N ADDITION.&.L PERIOD Of,TUIE
roR THE RoANoKE V*.uuaY RLSoURCE RuruoRrYTO E)UST fi.S A. CORPORATION,
UPON CERTAIN TERMS AND CONDITIONS
RLSOIUflON 1 295
A Resolution authorizing and providing for an additional period of time for the Roanoke Valley
Resource Authority to exist as a corporation, upon certain terms and conditions.
WHEREAS, pursuant to section 15.2-51l4(1) of the Code of Virginia (1950), as amended, the
Roanoke Valley Resource Authority was created and incorporated on August 25,1989, to exist for a
term of50 years as a corporation;
WHEREAS, said section 15.2-51 14(l) states that an authority may exist for such further period
orperiods as may from time to time be provided by appropriate resolutions of the political subdivisions
which are members of the authority, provided, however, the term of an authority shall not be extended
beyond a date 50 years from the date of the adoption of such resolutions; and,
WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City
of Salem desire to provide by resolutions for an additional period of time for the Roanoke Valley
Resource Authority to exist as a corporation as authorized and provided by section 15.2-51l4(1) of
the Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT RESOLVED that the City of Salem hereby authorizes and
provides that the Roanoke Valley Resource Authority shall exist as a co{poration for a further period
of time ending on and not to extend beyond January l, 2066, as authorized and provided by section
15.2-5114(l) of the Code of Virginia (1950), as amended; and,
BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its
adoption.
#-LF-
6 ^ t3-lb
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
rem*-6 G-
oerr b -tS-lb
AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT
This Agreement made and entered into effective June 3O,2OI6,by and between the CITY
OF SALEM, VIRGINIA (hereinafter referred to as the "City"), and the COLINTY OF
BOTETOURT, VIRGINIA (hereinafter referred to as the "County").
WITNESSETH:
THAT, WHEREAS, the City and County entered into a certain Solid Waste Disposal
Agreement effective January l, 2008, (hereinafter referred to as "Agreement") pertaining to the
disposal of solid waste of the County; and
WHEREAS, the term of the Agreement is set to expire on June 30,2016.
NOW, THEREFORE, the parties acknowledge and agree as follows:
l. Section 1 ("Term of Agreement") is hereby replaced with the following:
"1. Term of Agreement.
The term of this Agreement shall commence on July l, 2008 and terminate on
June 30, 2019. Either party may terminate upon material default (which is not cured within
thirty (30) days by giving sixty (60) days notice thereafter)."
2. Section 2 ("Services Provided") is hereby replaced with the following:
"2. Services Provided.
The City shall accept the solid waste delivered to the Transfer Station by the
County or its Franchised Waste Haulers in their collection vehicles. Once delivered, the waste
will be handled in accordance with the WMI Agreement or any successor agreement by the City
entered in accordance with Section 14."
(00019591-l )
3. Section 8 ("Title to Waste Material") is hereby replaced with the following:
"8. Title to Waste Material.
Title to all acceptable municipal solid waste delivered by the County or its
Franchised Waste Haulers to the Transfer Station for loading shall remain with the County or the
Franchised Waste Hauler, as appropriate, until loading is complete (in the trailer) and accepted
under the terms of WMI Agreement or any successor agreement by the City entered in
accordance with Section 14."
4. In sections 12.1 and l2.2,the words "to the extent permitted by law" are added
between words "hereby agrees" and "to indemnify" in the first sentence of each section.
5. In section 13 ("Force Majeure"), the word "it's" in the first sentence of the section
is amended to read "its".
6. Section 14 ("Assignment") is hereby replaced with the following:
"14. Assignment.
This Agreement may be assigned by the City to the Roanoke Valley Resource
Authority without the consent of the County. Otherwise, this Agreement may not be assigned by
either party, except with mutual written consent."
7. Except as specifically amended hereby, all of the terms of the Agreement,
including fees to be paid by the County, shall remain in effect. In the event that this Amendment
and the Agreement are inconsistent, the terms of this Amendment shall control and prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment on the date set
forth below to be effective on the Amendment Effective Date.
CITY OF SALEM, VIRGINIA COUNTY OF BOTEOURT, VIRGINIA
By:
Its:
{00019591-l }
By:
2
nrru * b*
66E 6-13-\!a
This Agreement made and entered into effective June 30,2016, by and between the CITY
OF SALEM, VIRGINIA (hereinafter referred to as the "City"), and the COUNTY OF CRAIG,
VIRGINIA (hereinafter referred to as the "County").
WITNESSETH:
THAT, WHEREAS, the City and County entered into a certain Solid Waste Disposal
Agreement effective October 1, 2013, (hereinafter referred to as "Agreement") pertaining to the
disposal of solid waste of the County; and
WHEREAS, the term of the Agreement is set to expire on June 30,2016.
NOW, THEREFORE, the parties acknowledge and agree as follows:
1. Section 1 ("Term of Agreement") is hereby replaced with the following:
"1. Term of Agreement.
The term of this Agreement shall commence on October 1,2013 and terminate on
June 30, 2019. Either party may terminate upon material default (which is not cured within
thirty (30) days by giving sixty (60) days notice thereafter)."
2. Section 2 ("Services Provided") is hereby replaced with the following:
'02. Services Provided.
The City shall accept the solid waste delivered to the Transfer Station by the
County or its Franchised Waste Haulers in their collection vehicles. Once delivered, the waste
will be handled in accordance with the WMI Agreement or any successor agreement by the City
entered in accordance with Section 14."
3. Section 8 ("Title to Waste Material") is hereby replaced with the following:
"8. Title to Waste Material.
{00023542-l }
Title to all acceptable municipal solid waste delivered by the County or its
Franchised Waste Haulers to the Transfer Station for loading shall remain with the County or the
Franchised Waste Hauler, as appropriate, until loading is complete (in the trailer) and accepted
under the terms of WMI Agreement or any successor agreement by the City entered in
accordance with Section 14."
4. In sections t2.l and 12.2, the words "to the extent permitted by law" are added
between words "hereby agrees" and "to indemnify" in the first sentence of each section.
5. In section 13 ("Force Majeure"), the word "it's" in the first sentence of the section
is amended to read "its".
6. Section 14 ("Assignment") is hereby replaced with the following:
"14. Assienment.
This Agreement may be assigned by the City to the Roanoke Valley Resource
Authority without the consent of the County. Otherwise, this Agreement may not be assigned by
either party, except with mutual written consent."
7. Except as specifically amended hereby, all of the terms of the Agreement,
including fees to be paid by the County, shall remain in effect. In the event that this Amendment
and the Agreement are inconsistent, the terms of this Amendment shall control and prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment on the date set
forth below to be effective on the Amendment Effective Date.
CITY OF SALEM, VIRGINIA COI.]NTY OF CRAIG, VIRGINIA
By:By:
Its:
{0002rs42-r }2
ITEM
DATE
The undersigned Clerk of Council of the City of Salem, Virginia (the "City"), certifies asfollows:
l. Attached hereto is a true, correct and complete copy of an ordinance entitled..ORDINANCE AUTHOzuZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AGGREGATE
PRINCIPAL AMOLTNT NOT TO EXCEED $1 1,500,000" (the "Ordinance"). The Ordinance was
adopted at a regular meeting of the Council of the City (the "Council") held on June 13, 2016,by
a majority of all members of the Council by a roll-call vote.
2. The Council meeting at which the Ordinance was adopted was held at the time and
place established by the Council for its regular meetings. The minutes of such meeting reflect the
attendance of the members and their votes on the ordinance as follows:
3. The Ordinance has not been repealed, revoked, rescinded or amended and is in full
force and effect on the date hereof.
WITNESS my signature and the seal of the City of Salem, Virginia, this
20t6.
day ofJune,
James E. Taliaferro, Clerk of Council
City of Salem, Virginia
/r-# q2-L-
G -tz-l a
Member Attendance
(Present/Absent)
Vote
(AyeAllaylAbstain)
Byron R. Foley, Mayor
John C. Givens, Vice-Mayor
James L. Chisom
Jane W. Johnson
William D. Jones
ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN
AN AGGREGATE PRINCIPAL AMOLTNT NOT TO EXCEED $II,5OO,OOO
WHEREAS, acting pursuant to directions of the Council (the ,,Council") of the City of
Salem, virginia (the "city"), the city proposes to finance the costs of various capital improvement
projects, including but not limited to (a) salem stadium improvements, (b) public building
improvements, (c) downtown improvements, (d) acquisition of equipment and vehicles, (e)
acquisition, equipping and installation of automated meter reading infrastructure and (1) Salem
Memorial Ballpark improvements (collectively, the "Project"), and such other capital
improvements as may be authorized from time to time by the Council and now desires to provide
for financing the Project;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA,
THAT:
l. It is hereby determined to be necessary and expedient for the City to undertake the
Project, which will promote the development and general welfare of the City, to borrow money
for such purpose and to issue the City's general obligation bonds therefor.
2. Pursuant to the Public Finance Act of 1991 and without regard to the provisions
contained in the City Charter, there are authorized to be issued general obligation public
improvement bonds of the City in an aggregate principal amount not to exceed $11,500,000 to
finance (together with other available funds) the Project, to pay the costs of issuing such bonds
and to pay the cost of such other capital improvements as may be authorized from time to time by
the Council. This ordinance is in compliance with Title 15.2. Chapter 26, Public Finance Act of
the Code of the Commonwealth of Virginia.
3. The bonds shall bear such date or dates, mature at such time or times, bear interest
at such rate or rates, be in such denominations and form, be executed in such manner and be sold
at such time or times and in such manner, all as the Council may hereafter provide by appropriate
resolution or resolutions.
4. The bonds shall be general obligations of the City, and the full faith and credit of
the City shall be irrevocably pledged to the payment of the principal oland premium, ifany, and
interest on such bonds.
5. The Clerk of Council, in collaboration with the City Attomey, is authorized and
directed to see to the immediate filing of a certified copy ofthis ordinance in the Circuit Court of
the City of Salem, Virginia.
6. This ordinance shall take effect immediately.
7. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
43454.000028 EMF US 60590812v3
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be
and the same are hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
lane W. Johnson -
lohn C. Givens -
Byron Randolph Foley -
Passed:
Effective:
/s/
Mayor
ATTEST:
.lames E. Taliaferro, ll
Clerk of Council
City ofSalem, VirSinia
rrrru* GJ-
onrr t -la-lu
COVERING CERTIFICATE FOR RESOLUTION
The undersigned Clerk of Council of the City of Salem, Virginia (the "City"), certifies as
follows:
1. Attached hereto is a true, correct and complete copy of a resolution entitled
..RESOLUTION PROVIDTNG FOR THE ISSUANCE, SALE AND AWARD BY THE CITY OF
SALEM VIRGINIA, OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
HERETOFORE AUTHORIZED, tN A PRINCIPAL AMOUNT NOT TO EXCEED $I I,5OO,OOO,
AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF" (thc
"Resolution"). The Resolution was adopted at a regular meeting of the Council of the City (the
"Council") held on June 13, 2016, by a majority of all members of the Council by a roll-call vote.
2. The Council meeting at which the Resolution was adopted was held at the time and
place established by the Council for its regular meetings. The minutes of such meeting reflect the
attendance of the members and their votes on the Resolution as follows:
3. The Resolution has not been repealed, revoked, rescinded or amended and is in full
force and effect on the date hereof.
WITNESS my signature and the seal of the City of Salem, Virginia, this
20t6.
day ofJune,
James E. Taliaferro, II
Clerk of Council, City of Salem, Virginia
Member Attendance
(Present/Absent)
Vote
(AyeAllaylAbstain)
Byron R. Foley, Mayor
John C. Givens, Vice-Mayor
James L. Chisom
Jane W. Johnson
William D. Jones
IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, JUNE 13,20162
RESOLUTION 1297
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD BY THE
CITY OF SALEM, VIRGINIA, OF ITS GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, HERETOFORE AUTHORIZED, IN A PRINCIPAL
AMOUNT NOT TO EXCEED $11,500,000, AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF
WHEREAS, on June 13,2ol6,the Council (the "Council") of the City of Salem, Virginia
(the "City"), adopted an ordinance (the "Ordinance") authorizing the issuance of its general
obligation bonds in an aggregate principal amount not to exceed $11,500,000 to (a) finance the
costs of various capital improvement projects, including but not limited to (i) (A) Salem Stadium
improvements, (B) public building improvements, (C) downtown improvements, (D) acquisition
of equipment and vehicles, (E) acquisition, equipping and installation of automated meter reading
infrastructure (collectively, the "2016A Projects") and (ii) Salem Memorial Ballpark
improvements (collectively, the "20168 Projects" and, together with the 2016A Projects, the
"Projects"), and (iii) such other capital improvements as may be authorized from time to time by
the Council, and (b) pay the related costs of issuance;
WHEREAS, the City's administration, in collaboration with the City's financial advisor,
Davenport & Company LLC (the "Financial Advisor"), has recommended to the Council that the
City issue and sell its general obligation public improvement bonds through a private placement
with a commercial banking or other financial institution;
WHEREAS, the Financial Advisor has solicited bids, on behalf of the City, for the
purchase of the Bonds (as hereinafter defined), and six (6) bids have been received;
WHEREAS, the Council has reviewed the bids received and has determined to award the
Bonds to Carter Bank & Trust (together with its successors and assigns, the "Bank"); and
WHEREAS, the Council desires to delegate to the City Manager the authority to determine
the final pricing terms of the Bonds within certain parameters set forth below;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA:
1. Issuance of Bonds. Pursuant to the Constitution and statutes ofthe Commonwealth
of Virginia, including the Public Finance Act, the Council hereby provides for the issuance and
sale of (a) a tax-exempt general obligation public improvement bond (the "20164 Bond") to
provide funds to (i) finance the 2016A Projects and (ii) pay costs incurred in connection with the
issuance of the 2016A Bond and (b) a taxable general obligation public improvement bond (the
"20168 Bond" and, together with the 2016,{ Bond, the "Bonds") to provide funds to (i) finance
the 20168 Projects and (ii) pay costs incurred in connection with the issuance of the 20168 Bond.
The Bonds are hereby awarded, and shall be sold, to the Bank in accordance with the terms of its
bid (attached hereto as Exhibit A) and this Resolution.
1 Bond Details.
(a) The 20164 Bond shall be designated "General obligation Public Improvement
Bond, Series 20164 (Tax-Exempt)," or such other designation as may be determined by the City
Manager, shall be in registered iorm, shall be dated such date as may be determined by the City
Manager and shall be numbered RA- 1 . The 201 6,4 Bond shall be sold to the Bank with final terms
that the City Manager, in collaboration with the Financial Advisor, determines to be in the best
interests of the City; provided, however, that the 20164 Bond shall (a) be issued in an aggregate
principal amount not to exceed $ 10,000,000, (b) bear interest at an annual rate not to exceed 2.50%o
per yezu, (c) be sold to the Bank at a price of 100% ofthe original principal amount thereof, and
(d) mature no later than December 31,2036. The principal of and interest due on the 2016,{ Bond
shall be payable on dates and in amounts as determined by the City Manager to be in the best
interests of the City.
(b) The 2016B Bond shall be designated "General Obligation Public Improvement
Bond, Series 20168 (Taxable)," or such other designation as may be determined by the City
Manager, shall be in registered form, shall be dated such date as may be determined by the City
Manager and shall be numbered RB- 1 . The 201 68 Bond shall be sold to the Bank with final terms
that the City Manager, in collaboration with the Financial Advisor, determines to be in the best
interests ofthe City; provided, however, that the 2016B Bond shall (a) be issued in an aggregate
principal amount not to exceed $1,500,000, (b) bear interest at an annual rate not to exceed 2.50%
per year, (c) be sold to the Bank at a price of 100% of the original principal amount thereof, and
(d) mature no later than December 31,2026. The principal of and interest due on the 20168 Bond
shall be payable on dates and in amounts as determined by the City Manager to be in the best
interests ofthe City.
(c) Following the determination of the final pricing terms for the Bonds, the City
Manager shall execute a certificate setting forth such final pricing terms and shall file such
certificate with the records of the Council. The actions of the City Manager in selling the Bonds
shall be conclusive, and no further action with respect to the sale and issuance ofthe Bonds shall
be necessary on the part ofthe Council.
(d) Ifthe date on which any payment is due with respect to either Bond is not a Business
Day (as hereinafter defined), the payment shall be made on the next succeeding Business Day.
"Business Day" shall mean a day on which banking business is transacted, but not including a
Saturday, Sunday, legal holiday or any other day on which banking institutions are authorized by
law to close in the Commonwealth of Virginia.
(e) Principal and interest shall be payable by the Registrar (as hereinafter defined) by
check or draft mailed to the registered owner at the address as it appears on the registration books
kept by the Registrar on the date selected by the City Manager as the record date for each Bond;
provided, however, that, at the request ofthe registered owner ofsuch Bond, payment will be made
by wire transfer pursuant to the most recent wire instructions received by the Registrar from such
registered owner. Principal, premium, if any, and interest shall be payable in law{ul money of the
United States of America.
2
3. Prepayment of the Bonds. At the option of the city, the Bonds shall be subject to
prepayment prior to maturity at any time, upon payment of a prepayment price equal to 100% of
ihe-piincipal amount ofthe portion ofthe Bond to be prepaid, together with any interest accrued
to the date fixed for prepayment.
4- Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice Mayor, and the City's seal shall be affixed thereto or a
facsimile thereof printed thereon and shall be attested by the manual or facsimile signature ofthe
City Clerk or Deputy City Clerk; provided, however, that no Bond signed by facsimile signatues
shall be valid until it has been authenticated by the manual signature of the Registrar or, ifa bank
or trust company has been appointed registrar pursuant to Section 7, an authorized officer or
employee of such bank or trust company and the date of authentication has been noted thereon.
5. Form of Bonds. The Bonds shall be issued initially as typewritten bonds in
substantially the form attached hereto as Exhibit A, with such completions, omissions, insertions
and changes not inconsistent with this Resolution as may be approved by such officers ofthe City,
whose approval shall be evidenced conclusively by the execution ofthe Bonds and delivery thereof
to the Bank.
6. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of principal of and interest on the Bonds. Unless other funds
are lawfully available and appropriated for timely payment ofthe Bonds, the Council shall lery
and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law
and without limitation as to rate or amount, on all locally ta,rable property in the City sufficient to
pay when due the principal ofand interest on the Bonds.
7. Registration, Transfer and Owner of Bonds. The Bonds shall be issued in
registered form without coupons, payable to the registered holders or registered assigns. The City
Treasurer is hereby appointed paying agent and registrar for the Bonds (the "Registrar"). The City
may in its discretion appoint at any time a qualified bank or trust company as successor Registrar.
The Registrar shall maintain registration books for the registration of the Bonds and transfers
thereoi Upon presentation and sunender ofa Bond at the office of the Registrar, or its corporate
trust office if the Registrar is a bank or trust company, together with an assignment duly executed
by the registered owner or its duly authorized attomey or legal representative in such form as shall
be satisfactory to the Regis[ar, the City shall execute, and the Registrar shall authenticate, if
required by Section 4, and deliver in exchange, a new Bond or Bonds of the same series, having
an equal aggregate principal amount, in authorized denominations, ofthe same form and maturity,
bearing interest at the same rate, and registered in names as requested by the then registered owner
or its duly authorized attomey or legal representative. Any such exchange shall be at the expense
ofthe City, except that the Registrar may charge the person requesting such exchange the amount
ofany tax or other governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively entitled to payment
of principal, premium, if any, and interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person or entity shown as owner on the
registration books on the Record Date.
3
8. Preparation and Delivery ofBonds. The officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with their
terms and to deliver the Bonds to the Bank upon payment therefor.
g. Mutilated, Lost or Destroyed Bonds. If a Bond has been mutilated, lost or
destroyed, the City shall execute and deliver a new Bond of Iike date and tenor in exchange and
substitution for, and upon cancellation of, such mutilated Bond or in lieu ofand in substitution for
such lost or destroyed Bond; provided, however, that the City shall so execute and deliver only if
the registered owner has paid the reasonable expenses and charges ol the City in connection
therewith and, in the case of a lost or destroyed Bond, (a) has filed with the City evidence
satisfactory to the City that such Bond was lost or destroyed and (b) has fumished to the City
satisfactory indemnity.
10. Deposit of Bond Proceeds. The City Treasurer is authorized to (a) provide for the
deposit of the proceeds of the Bonds in one or more special accounts to be maintained with an
escrow agent or depository, pursuant to one or more project escrow agreements or other contracts
between the City and such escrow agent or depository, all as deemed necessary in the discretion
ofthe City Treasurer and the City Manager, and (b) requisition and apply such proceeds to pay the
costs ofthe Projects and the costs incurred in issuing the Bonds.
11. ArbitrageCovenants.
(a) The City represents that there have not been issued, and covenants that there will
not be issued, any obligation that will be treated as part ofthe same "issue" of obligations as the
2016,4' Bond within the meaning of Treasury Regulations Section 1.150(c).
(b) The City covenants that it shall not take or omit to take any action the taking or
omission of which will cause the 2016.4 Bond to be an "arbitrage bond" within the meaning of
Section 148 ofthe Intemal Revenue Code of 1986, as amended (the "Code"), or otherwise cause
interest on the 2016A Bond to be includable in the gross income for federal income tax purposes
of the registered owner thereof under existing law. Without limiting the generality of the
foregoing, the City shall comply with any provision of law that may require the City at any time
to rebate to the United States any part of the eamings derived from the investment of the gross
proceeds ofthe 2016,{ Bond, unless the City receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on the 20164 Bond from being
includable in the gross income for federal income t&\ purposes of the registered owner thereof
under existing law. The City shall pay any such required rebate from its legally available funds.
12. Non-Arbitrage Certificate and Elections. Such officers of the City as may be
requested by bond counsel for the City are authorized and directed to execute an appropriate
certificate setting forth (a) the expected use and investment of the proceeds ofthe 2016A Bond in
order to show that such expected use and investment will not violate the provisions of Section 148
ofthe Code, and (b) any elections such officers deem desirable regarding rebate of earnings to the
United States for purposes of complying with Section 148 ofthe Code. Such certificate shall be
prepared in consultation with bond counsel for the City, and such elections shall be made after
consultation with bond counsel.
4
13. Limitation on Private Use. The City covenants that it shall not permit the
proceeds ofthe 20164 Bond or the facilities financed thereby to be used in any manner that would
result in (a) 5Vo or more of such proceeds or facilities being used in a trade or business carried on
by any person other than a govemmental unit, as provided in Section 141(b) ofthe Code, (b) 5%
or more of such proceeds or facilities being used with respect to any output facility (other than a
facility for the fumishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5%
or more ofsuch proceeds being used directly or indirectly to make or finance loans to any persons
other than a govemmental unit, as provided in Section 141(c) ofthe Code; provided, however, that
ifthe City receives an opinion ofnationally recognized bond counsel that any such covenants need
not be complied with to prevent the interest on the 20164. Bond from being includable in the gross
income for federal income tax purposes of the registered owner thereof under existing law, the
City need not comply with such covenants.
14. Qualified Tax-Exempt Obligation. The City designates the 20164 Bond as a
"qualified tax-exempt obligation" for the purpose of Section 265(bX3) of the Code. The City
represents and covenants as follows:
(a) The City will in no event designate more than $ 10,000,000 oiobligations, including
the 2016,{ Bond, as qualified tax-exempt obligations in calendar year 2016 for the purpose ofsuch
Section 265(b)(3);
(b) The City, all its "subordinate entities," within the meaning of such Section
265(b)(3), and all entities that issue tax-exempt obligations on behalfofthe City and its subordinate
entities have not issued, when aggregated with the 20164. Bond, more than $10,000,000 of tax-
exempt obligations in calendar yeu 2016 (excluding for this purpose "private activity bonds,"
within the meaning ofSection l4l ofthe Code, other than "qualified 501(c)(3) bonds," within the
meaning of Section 145 ofthe Code);
(c) Barring circumstances unforeseen as ofthe date ofdelivery ofthe 2016A Bond, the
City witl not issue ta-r-exempt obligations itselfor approve the issuance oftax-exempt obligations
ofany ofsuch other entities ifthe issuance ofsuch tar-exempt obligations would, when aggregated
with the 2016A Bond and all other tax-exempt obligations theretofore issued by the City and such
other entities in calendar year 2016, result in the City and such other entities having issued a total
of more than $10,000,000 of tax-exempt obligations in calendar year 2016 (excluding for this
purpose private activity bonds other than qualified 501(c)(3) bonds); and
(d) The City has no reason to believe that the City and such other entities will issue
tax-exempt obligations in calendar year 2016 in an aggregate amount that will exceed such
$10,000,000 limit.
Should the City receive an opinion of nationally recognized bond counsel that compliance
with one or more ofthe covenants set forth in (a) and (c) above is not required for the 2016A Bond
to be a qualified tax-exempt obligation, the City need not comply with such covenant(s).
15. SNAP Investment Authorization. The Council has previously received and
reviewed the Information Statement describing the State Non-Arbitrage Program of the
Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program
5
Pool I (the "Contract"), and the Council has determined to authorize the City Manager and the City
Treasurer to utilize SNAP in connection with the investment of all or a portion of the Bond
proceeds, if the City Manager determines that the utilization of SNAP is in the best interests of the
City. The Council acknowledges that the Treasury Board of the Commonwealth of Virginia is
not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise
provided in the Contract.
16. Provision of Financial Information. The City Manager is hereby authorized and
directed to provide to the Bank, for so long as either of the Bonds remains outstanding, a copy of
the City's comprehensive annual financial report and other financial information reasonably
requested by the Bank, as soon as is practicable upon the release of such information.
17. Election to Proceed under Pubtic Finance Act. In accordance with Sectionll.2-
2601 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Council elects to
issue the Bonds pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title
15.2 of the Virginia Code, without regard to the provisions of the City Charter.
18. Other Actions. All other actions of officers of the City in conformity with the
purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are
hereby ratified, approved and confirmed. The officers of the City are authorized and directed to
execute and deliver all certificates and instruments and to take all action necessary or desirable in
connection with the issuance, sale and delivery of the Bonds.
19. Repeal of Conflicting Resolutions. All prior resolutions or parts of resolutions in
conflict herewith are repealed.
20, Effective Date. This Resolution shall take effect immediately.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
6
RE,GISTERED
No. R[A/BI-1
Exhibit A - Form of Bonds
REGISTERED
t ),2016
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF SALEM
General Obligation Public Improvement Bond
Series 2016[A/Bl [(Tax-Exempt)/(Taxable)]
The City of Salem, Virginia (the "City"), for value received, promises to pay, to
I (the "Bank"), or registered its assigns or legal
representative, the principal sum of t I DOLLARS ($t I), together with
interest from the date of this bond on the unpaid principal, at the annual rate of | 1%, calculated
on the basis of a 360-day year of twelve 30-day months, subject to prepayment as hereinafter
provided. Interest shall be payable semi-annually on each I
-]
and [_ l,
commencing | _ ,20 1, and principal shall be payable annually on _ _ in the amounts
and years as set forth on Schedule I attached hereto. Principal of and premium, if any, and interest
on this bond are payable in lawful money of the United States of America by the City Treasurer,
who has been appointed paying agent and registrar for this bond, or by such bank or trust company
as may be appointed by the City as successor paying agent and registrar (the "Registrar").
If the date on which any payment is due with respect to this bond is not a Business Day (as
hereinafter defined), the payment shall be made on the next succeeding Business Day. "Business
Day" shall mean a day on which banking business is transacted, but not including a Saturday,
Sunday, legal holiday or any other day on which banking institutions are authorized by law to close
in the Commonwealth of Virginia.
This bond is issued pursuant to the Constitution and statutes of the Commonwealth of
Virginia, including the Public Finance Act of 1991. This bond has been authorized and issued
pursuant to an ordinance and a resolution adopted by the Council of the City (the "Council") on
June 13, 2016, to provide funds to (a) to finance the costs of various capital improvement projects,
including but not limited to (i) t(A) Salem Stadium improvements, (B) public building
improvements, (C) downtown improvements, (D) acquisition of equipment and vehicles, (E)
acquisition, equipping and installation of automated meter reading infrastructure] [Salem
Memorial Ballpark improvements], and (ii) such other capital improvements as may be authorized
from time to time by the Council, and (b) pay the related costs of issuance.
At the option of the City, this bond is subject to redemption prior to maturity, in whole or
in part at any time, upon payment of a redemption price equal to 100% of the principal amount to
be redeemed, plus accrued and unpaid interest, if any, to the date fixed for prepayment.
A-l
The full faith and credit of the City are irrevocably pledged for the payment of principal of
and premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the Council shall levy and collect an annual ad
valorem tax, over and above all other taxes authorized or limited by law and without limitation as
to rate or amount, on all taxable property within the City sufficient to pay when due the principal
of and premium, if any, and interest on this bond.
[The City has designated this bond as a "qualified tax-exempt obligation" for the purpose
of Section 265(bX3) of the Internal Revenue Code of 1986, as amended.l
The Registrar shall treat the registered owner of this bond as the person exclusively entitled
to payment of principal of and premium, if any, and interest on this bond and the exercise of all
rights and powers of the owner, except that interest payments shall be made to the person shown
as the registered owner on the registration books on the [15th] day of the month preceding each
interest payment date.
A11 acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and this bond, together with all other
indebtedness of the City, is within every debt and other limit prescribed by the Constitution and
statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Salem, Virginia, has caused this bond to be to be
signed by its [Vice] Mayor, its seal to be affixed hereto and attested by the [Deputy] Clerk of
Council, and this bond to be dated the date first above written.
Mayor, City of Salem, Virginia
ATTEST
Clerk of Council, City of Salem, Virginia
A-2
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYTNG NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
Attomey, to transfer said 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 (Signature of Registered Owner)
by an Eligible Guarantor Institution such as
a Commercial Bank, Trust Company, NOTICE: The signature above must
Securities Broker/Dealer, Credit Union, or correspond with the name of the registered
Savings Association who is a member of a owner as it appears on the front of this bond
medallion program approved by The in every particular, without alteration or
Securities Transfer Association, Inc. enlargement or any change whatsoever.
A-3
TRANSFER OF BOND
Transfer of this bond may be registered by the registered owner or its duly authorized
attorney upon presentation hereof to the Registrar who shall make note of such transfer in books
kept by the Registrar for that purpose and in the registration blank below.
Date of Registration Name of Registered Owner Signature of Registrar
A-4
IFORM OF BOND CONTTNaEDI
[Final Maturity Schedule to be attached at closing]
SCHEDULE I
A-5
rEM*r&K._
sa6 t^ta-l("
ATA REGULAR MEETING OF THE CITYCOUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: June '13, 20.t6
AGENDA ITEM: Request to appropriate FY2O16 bond proceeds for capital
projects
SUBMITTED BY: Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION:
A resolution authorizing the sale of bonds was previously approved. Proceeds of
$10,245,561 are expected and need to be appropriated. Bond funds will be used to pay for
various capital projects as outlined on the attached list.
FISCAL IMPACT:
Bond proceeds will be available to cover $'10,245,561 in capital project costs.
STAFF RECOMMENDATION:
Staff recommends that Council approve the appropriation of$5,245,561 to capitalprojects
in accordance with the attached. ln the capital projects fund, the revenue budget for the
Bond Proceeds account will be increased to $5,245,561. ln addition, $2,500,000 will be
appropriated to the Electric fund, $1,250,000 to the Water Fund and $1 ,250,000 to the
Sewer Fund for the purchase of the automaled meter reading infrastruclure.
CITY CAPITAL PROJECTS - PROPOSED BORROWING
# of General Fund
Years Cost EstimateProiect
Red Sox Ballfield improvements
Ladder Truck & Engine
Library roof
Front entrance at Courthouse
Turf - Salem Stadium
City share of Social Services Bldg renovations
Downtown improvements (match for grant)
Scoreboard @ Red Sox Field
Excavator
Rubber Tire Loader
Dump Truck
Automated meter reading infrastructure
Proposed Borrowing
1.0 s
15
20
20
10
20
20
10
10
10
10
20
1,000,000
836,267
550,000
550,000
25L,294
62s,000
500,000
350,000
160,000
r.98,000
125,000
Enterprise Fund
Cost Estimate
5,000,000
GL Account Project
20-053-0205-54710 C?47L0
20-032-0205-54303 CP4303
20-0L8-0205-54405 CP4405
20-ot8-o205-54406 CP4406
20-053-0205-54750 CP4750
20-012-0205-54502 CP4502
20-080-0205-54802 CP4802
20-053-0205-54711 CP477L
20-018-0205-54407 CP4407
20-ot8-o205-54407 CP4407
20-078-0205-54407 CP4407
51-18010; 52-18010; 54-18010 N/A
5,245,s6L
* These items will be handled as taxable due to private use issues with the Ballfield.
S s,ooo,ooo
Final Borrowing List-Accounts 6/3/2ot6
rEM#-G-t--
DATE 6 -13-tt,o
AN ORDINANCE IMPOSING AN ADMISSIONS TAX ON CERTAIN EVENTS WITHIN THE CITY OF
SALEM,VIRGINIA, BYAMENDINGTHE ADMISSIONS TAX DEFINITIONS AND RATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt ATIiCIE VII, SCCI|ON 82-
20-239 the following ordinance be amended, revised and reordained to read as follows:
ARTICLE VII. - ADMISSIONS TAX
Sectio ns 82-209-239
State Law reference- Excise tax on admissions, Code of Virginia, 5 58.1-3840.
Sec. 82-206. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Admission chorge means the charge made for admission to any amusement or
entertainment, exclusive of any federaltax thereon, including a charge made for season tickets,
whether obtained by contribution or subscription, and including a cover charge or a charge made
for the use of seats or tables, whether reserved or otherwise, and for similar accommodations in
the city.
Ploce of omusement or entertoinment means any place in the city, including the Sal,em-
R€an€l(e4€un+y Salem Civic Center and the municipal athletic field, wherein or whereat any of
the following are located, conducted, performed, exhibited or operated and for which an
admission charge is made: a circus; a carnival; a menagerie; a moving picture show; a fair; a show
or an exhibition of any kind; a dance; a baseball, basketball or football game; a wrestling match
or a boxing match or a sport of any kind; a swimming contest or exhibition; a swimming pool; a
conceru a theatrical, vaudeville, dramatic, operatic or musical performance or a performance
similar thereto; a lecture, talk, literary reading or performance similar thereto; an attraction such
as a merry-go-round, Ferris wheel, roller coaster, leap-the-dips or the like; an automobile race; a
midget auto race; a horse race; a horse show; an ice skating or roller skating rink or arena; or any
other public amusement, performance or exhibition. The foregoing enumeration of specific
amusements and entertainments shall not be deemed to exclude other amusements and
entertainments otherwise within the meaning of those words.
(Ord. of 2-9-81, S 14-55.1)
Cross reference- Definitions and rules of construction generally, S 1-2.
Sec. 82-20-1 . - Levy; rate.
There is hereby imposed
and levied by the City a tax at the rate of seven percent (7%) of the amount paid for the
admission to any place of amusement or entertainment is hereby levied upon and shall be
collected from every person who pays an admission charge to such a place.
Page 1
(Ord. of 2'9 81, 5 14 55.2)
sec. 82-208. - Collection.
Every person receiving any payment for admission to any place of amusement or
entertainment with respect to which a tax is levied under this article shall collect the amount of
tax hereby imposed from the person making an admission payment at the time of the payment
of such admission. lf tickets or cards of admission are issued, the tax shall be collected at the time
of the issuance of such tickets or cards. The taxes required to be collected under this article shall
be deemed to be held in trust by the person required to collect such taxes until remitted as
required in this article.
(ord. of 2-9-81, 5 14'55.3)
sec.82-209. - Report and remittance.
The person collectinS any admission tax required by this article shall make out a report upon
such forms and settingforth such information asthe commissioner ofthe revenue may prescribe
and require, showing the amount of admission charges collected, exclusive of the federal tax
thereon, and the tax from the admissions for which he is liable, and shall sign and deliver such
report to the commissioner of the revenue with a remittance of such tax. Such reports and
remittances shall be made on or before the last day of each month covering the amount of tax
collected duringthe preceding month. lf the remittance is by check or moneyorder, the check or
money order shall be payable to the city, and all remittances received under this article by the
commissioner of the revenue shall be promptly turned over to the city treasurer.
(Ord. of 2-9-81, I 14-55.4)
Sec.82-210. - lnterest and penalties.
(a) lf any person shall fail or refuse to remit to the commissioner of the revenue the tax
required to be collected and paid under this article within the time and in the amount
specified in this article, there shall be added to such tax by the commissioner of the
revenue interest atthe rateof@
i5
frem the date 5s€h tax is dee and payable, there shall be added th€rete by th€
€emsissien€+-ef-+ @ten
percent (10%) for the first month the taxes are past due and five percent (5%) for each
month thereafter, up to a maximum oftwenty-five percent {25%) ofthe taxes due but
not remitted, or S10.00, whichever is greater. The penalty in no case shall exceed the
amount of the tax assessed.
(b) ln the event that any tax under this section is not paid by the due date, interest at the
rate of ten percent (10%) shall begin a.cruing on the 30th day of said delinquency until
the tax is paid in full,
PaEe 2
(c) ln the case of a false or fraudulent return with intent to defraud the city of any tax due
under this article, a penalty of fifty percent (50%) of the tax shall be assessed against
the person required to collect, account for and pay over such tax'
(Ord. of 2-9-81, 5 14-5s.s)
Sec. 82-211. - Failure to collect and report tax.
lf any person shall fail or refuse to collect the admissions tax required by this article and to
make, within the time provided in this article, any report and remittance required by this article,
the commissioner of the revenue shall proceed in such manner as he may deem best to obtain
facts and information on which to base his estimate of the tax due. As soon as the commissioner
ofthe revenue shall procure such facts and information as he is able to obtain upon which to
base the assessment of any tax payable by any person who has failed or refused to collect such
tax and to make such report and remittance, he shall proceed to determine and assess against
such person the tax and penalties provided for by this article and shall notify such person by
registered mail sent to his last known place of address ofthe total amount of such tax and interest
and penalties, and the total amount thereof shall be payable within ten days from the date of
such notice.
(Ord. of 2-9-81, 5 14-55.6)
Sec. 82-2L2. - Records to be kept.
It shall be the duty of every person liable for the collection and payment to the city of any
tax imposed by this article to keep and preserve, for a period of two years, such suitable records
as may be necessary to determine the amount of such tax as he may have been liable for the
collection of and payment to the city, which records the commissioner of the revenue shall have
the right to inspect at all reasonable times.
(Ord. of 2-9-81, I 14-ss.7)
Sec. 82-213. - Cessation of business.
Whenever any person required to collect and pay to the city a tax under this article shall
cease to operate or otherwise dispose of his business, any tax payable under this article to the
city shall become immediately due and payable and such person shall immediately make a report
and pay the tax due.
(Ord. of 2-9-81, I 14-ss.8)
Sec. 82-2t4. - Exceptions.
No tax shall be payable under this article by the following persons if admitted to any place
of amusement or entertainment free:
(1) A bona fide officer or employee ofthe operator of such a place.
(2) Any federal, state, city, county or town official or employee on official business.
Page 3
(3) Any person whose admission to such a place is required for the performance of some
duty or work for the operator of such a place.
(a) Any newspaper reporter, photographer, telegrapher, radio announcer or person
performing a similar vocation who is admitted for the performance of special duties in
connection with any event and whose special duties are the sole reason for his presence.
(5) A child under 12 years of age.
(ord. of 2-9-81, 5 14-55.9)
Sec. 82-215. - Temporary places of amusement or entertainment.
(a) Whenever any place of amusement or entertainment makes an admission charge which is
subject to the tax levied in this article and the operation of such a place is of a temporary or
transitory nature, the commissioner of the revenue shall require the report and remittance
of the admission tax to be made on the day following its collection if the operation is for one
day only, or on the day following the conclusion of a series of performances or exhibitions
conducted or operated on more than one day, or at such other reasonable time or times as
he shall determine.
(b) Before any temporary or transient am usement or entertainment shall begin operation, and
before any license shall be issued therefor if a license is required, the person operating such
temporary or transient amusement or entertainment shall deposit with the city treasurer a
sum of money, or in lieu thereof a bond with corporate surety conditioned upon the faithful
compliance with this article and in a form approved by the city attorney, in an amount to be
estimated by the commissioner of the revenue as sufficient to cover the admission tax
required to be collected by such person under the provisions of this article, which money or
bond shall be security for the collection of and payment to the city ofthe admission tax. At
the conclusion of such transitory or transient operation in the city, such person shall file with
the commissioner ofthe revenue the report required by this article and pay the tax collected
to the treasurer ofthe city. Upon such report being filed and payment being made, the city
treasurer shall refund the deposit, or cancel the bond, as the case may be.
(c) Should any person fail to file the report required by this article or pay the amount of tax
collected within five days from the termination of the operation of such amusement or
entertainment, the commissioner of the revenue may thereupon assess such person with
the tax computed on the basis ofthe best information available to him and proceed to collect
the tax out ofthe deposit, or by virtue of the bond, and by any other lawful means.
(Ord. of 2-9-81, 5 14-55.10)
Sec. 82-216. - Admission charges of less than S0.10.
Where the admission charge is less than $0.10, no tax shall be payable. Amounts paid for
admission by season tickets or subscription shall be exempt only if the amount to be charged the
holder or subscriber for a single admission is less than S0.10.
(Ord. of 2-9-81, 5 14-55.11)
Page 4
Sec.82-217 . - Penalty for violation of article.
Violating or failing to comply with any of the provisions of this article shall constitute a class
1 misdemeanor and be punishable as such, and each such violation or failure shall constitute a
separate offense. Such conviction shall not relieve any such person from the payment, collection
or remittance of such tax as provided in this article.
(Ord. of 2-9-81, I 14-55.13)
Sec. 82-218. - Powers and duties of license inspector.
It shall be the duty of the license inspector to enforce the provisions of this article.
(Ord. of 2-9-81, I 14-ss.14)
Secs. 82-219-82-239. - Reserved. All ordinances or parts of ordlnances in conflict with the
provisions of this ordinance be and the same are hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Ra ndolph Foley -
Passed:
Effective:
Mayor
ATTEST:
James E. Taliaferro, ll
Clerk of Council
City of Salem, Virginia
Page 5
IEM # 6M
onrr b -te-lu
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 90, ARTICLE IV, DIVISION 2,
SECTION 90-257, OF THE CODE OF THE CIW OF SALEM, VIRGINIA, PERTAINING TO RATES
WITHIN CITY.
BE lT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VlRGlNlA, that Section 90-
257, Division 2, Article lV, Chapter 90, of The Code of the City of Salem, Virginia, be amended,
revised, and reordained to read as follows:
CHAPTER 90
UTILITIES
Article lV. Rates and Charges.
Division 2. Water.
Sec. 90-257. Rates within city.
There are hereby established the following customer classes and rates for consumers of
water within the City effective July 1, 201e5. The following consumer classes are: Residential,
generally characterized as serving single family residential household regardless of the level of
consumption; Small Commerciof a business entity that generally uses less than 75,000 gallons
of water per month; Large Commercial, business entities both commercial or industrial using in
excessof75,000gallonsofwaterpermonth;Multi-lJnit,those
stmal+€€mrq€+€i+ residential customers with more than two ene housing units or+trsin€s+
teeat+en receiving water through one meter or those commercial customers with more than
one business location receiving water through one meter; Duplex-Residentiol, those
residential customers with two housing units receiving water through one meter; Fire Service
are the connections that are for metered fire suppression systems.
The following base charges are hereby established and effective January L,2OL7 a+
n€t€d:
WATER B SE SERVIEE FEE
tsty+eJ3 lan 2€+1 Jan#;12 Jan#13 Jen#14
Residential Sgs S&ge $e;s sr€#S{+31
S.tsa.|14€fr1q€+€iel sJJ€e sJJSe $rsJe s2es7 SaJ^63
fa+g€a€m.m€{€ie+Ssss S3ss Ssss S423s s46S
Multi Unit S26-oe $26-oe Szg^6e 53+46 $s4€1
Fire Serviee SJJS SJJ€o S{sJ€s2€57 s22S3
WATER BASE SERVICE FEE
lan.2Otl Jan. 2018 Jan.2019 Jan.2020 lan.2O2L
Residential $L2.24 S12.60 s12.e8 Sr:.zq s13.s1
Small Commercial $24.47 Szs.zt s2s.e6 526.48 s27.OL
Large Commercial $so.rg Ss1.90 Ssg.ae ss4.s3 Sss.ez
Multi-unit Sgz.ag Sgs.ss Ssg.zr S4o.so S+r.gr
Fire Service Szq.qt izs.zt s2s.e6 Szs.as $27.O1
WATER BASE SERVICE FEE
July 2015 lan. 2OL7 Jan.2018 Jan.2019 Jan. 2020 lan.2O2L
Duplex-
Residential
s23.76 $24.48 Szs.zo Szs.ge s26.48 $zt.oz
The following base charges are hereby established and effective July t,2o16:
The following volume charges are hereby established and effective as noted:
*Effeetive with all bills rendered en er after Mareh li 2e12,
Non-User Fees are fees charged to customers if service is available to the property
whether or not they use this utility.
WATERVOTUME RATE (6PM-6allensPerM
JuNf2e{3 Je+2ell Jan#12 Ja+4013 Ja+#14
glr+t+Sgg€Pl+$2s $s6s S4+z $44?-s4*6W53#$-se s4JS 54+g SssgWSas54+e S+sl s4+6 $s=49
7sp0e€P$4-
lpee€ee€++4
54#Saal $+t?55.e1 SsJ3
@
EY€T
Ss€et Sa=35 #"4e
WATER VOLUME RATE (GPM = Gallons Per Month)
lan.2Ot7 Jan. 2018 Jan.2019 Jan. 2020 lan.2O2L
First 5,000 GPM Ss.zs Ss.+r Ss.sz ss.68 Ss.eo
5,000 - 10,000 GPM ss.47 Ss.63 Ss.ao Ss.gz s6.04
10,000 - 75,000
GPM
ss.e0 s5.08 Se.zs s6.3e Se.sr
75,000 GPM -
1,000,000 GPM
s5.20 Ss.rg Ss.se Ss.zr s6.84
1,000,000 GPM and
over
Sg.sa Sg.zg Sg.go Sg.gg S4.06
Water Nen User Fees
kNf2er€Ja+-2ell Jan#12 JanJe{3 Jan#t4
e29a-e+5,e0e€PA#
Re'idential Rate $144 Sss Se4z $J+35 SJJ=40
Water Non-User Fees
lan.2OL7 Jan. 2018 Jan. 2019 Jan. 2020 lan.2O2L
32o/o o15,000 GPM
Residential Rate SL2.t2 $rz.sg Srg.oz Srg.gz SrE.eo
All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance
be and the same are hereby repealed.
@inan€eisseadep.ed+Fdlhil+!€€€rr€ tive
Mer€h-+:e+
Upon a call for an aye and a nay vote, the same stood as follows:
lames L. Chisom -
William D. Jones -
Jane W. Johnson -
lohn C. Givens -
Byron Randolph Foley -
Passed:
Effective:
Mayor
ATTEST:
James E. Taliaferro, ll
Clerk of council
City of Salem, Virginia
This ordinance shall be in full force and effect on July 1, 201G. \q++E*€A5rji+h€-
ITEM * 6N --
gn1E G - l3-\ta
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN, Chapter 90, Article lV, Division lV,
Section 90-303, Subdivision l, and Chapter 90 , Article lV, Division lV, Section 90-322,
Subdivison ll, OF THE CODE OF THE CITY OF SALEM, V|RGlNlA, PERTAINING TO CHARGES FOR
SEWAGE DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the SeWaSE
disposal rate schedule be amended, revised, and reordained to read as follows:
ARTICLE IV.
DIVISION lV. SEWER SERVICE CHARGES lN CITY; PROHIBITED DISCHARGES
Subdivision l. ln General
Section 90-303. Domestic and industrial sewage, charges for disposal.
(a)There are hereby established the following customer classes and rates for the
consumption of sewer utility services within the City of Salem effective July 1, 2015l€ns€r#r
2915. Residentiol, generally characterized as serving single-family residential households
regardless of the level of consumption; Smoll Commerciaf is a business entity that utilizes less
than 75,000 gallons per month; Lorge Commerciof are businesses entities both commercial or
industrial using in excess of 75,000 gallons per month; Multi-Unit, those residential customers
beth residential and small eemmereial with more than two ene housing units o{+usin€s+
lo€ati€s served by a single meter or those commercia! customers with more than one business
location served by a single meter; Duplex-Residentiol, those residential customers with two
housing units served by a single meter.
The following base charges are hereby established and effective January L,2OL7 a+
n€td:
W
Jan=2Sf5 Ja.n=lel5 lenJ€+7 Jen#18 Ja+4e19
Residential s2#e s22S SagJ.6 s23s $2363
Stq€il4€"mrm€r€ia+$4E41 s45S6 $Aaaz $4€J4 *t2E
targe €emmereial S9e^92 Se+73 *zs4 ss3s7 $9451
Multi Unit $6er+S68Je S6e48 $J4+7 $7e*7
SEWER BASE SERVICE FEE
Jan.2OL7 Jan. 2018 Jan. 2019 )an.2020 )an.2O2L
Residential 5zz.to 5zz.to 522.70 5zz.to 522.70
Small Commercial S+s.+r S+s.+r s4s.41 S+s.+r s4s.41
Large Commercial Sgo.sz Sgo.gz Sgo.az Sgo.sz Sso.az
Multi-unit Soz.rr Soz. rr Soz.rr iot.tt |at.n
The following base charges are hereby established and effective July L,2016:
SEWER BASE SERVICE FEE
SEWER BASE SERVICE FEE
July 2016 Jan.2077 Jan. 2018 Jan. 2019 Jan.2O2O Jan.2O2L
Du plex-Residential s4s.40 S+s.+o s4s.40 S+s.+o s4s.40 s4s.40
Jan#15 Jan#l€J€r++€t17 Jan#14 Ja+-2e19
F+r€t#00€ft$4 Sss Ss#Ssse 55+6 Ss€lWSs€s $s=4s $ss S+sg Ss€lWSs#Ss+s Sss $s=sg $ssl
Ss€e Ss#S+se $5s5 Sssl
The following volume charges are hereby established and effective as noted:
Non-User Fees are fees charged to customers if service is available to the property
whether or not they use this utility.
Unmetered Sewer Fees are fees charged to customers who have sewer service but not a
metered water service that provides a monthly reading for usage.
SEWER VOLUME RATE GPM = Gallons Per Month
)an.2017 Jan. 2018 Jan. 2019 Jan.2O2O Jan.2027
First 5,000 GPM Ss.3e Ss.sg Ss.sg Ss.Es Ss.gg
5,000 - 10,000 GPM Ss.gg Ss.gg Ss.sg Ss.gg ss.3s
10,000 - 75,000 GPM Ss.ss Ss.gs Ss.3s Ss.sg Ss.sg
All over 75,000 GPM Ss.sg ss.3s Ss.sg Ss.gg Ss.gg
M
Jan#15 Ja+2e16 Jan 4SIT Ja+,2€{A Ja+2e13
32%€f5pee€mA
Residential Rate $a44a 5{5-06 $1.-622 SJ.6J8 SJ"6s4
Sewer Non-User Fees
Jan.2OL7 Jan. 20L8 Jan. 2019 Jan.2O2O Jan.2027
32% of 5,000 GPM
Residential Rate Sr+.+o Sr+.+o Sr+.+o 5r+.qo Sr+.+o
Unmetered Sewer User Fees
Ja+415 Ja+-2e{6 .l€nJ€+7 Jan#14 Jan#t9
@
Residential Rate ws $44=7?S4s#S4ss3 $4g+7
Unmetered Sewer User Fees
Jan.2OL7 Jan. 2018 Jan. 2019 Jan.2O2O Jan.2O2I
100% of4,000 GPM
Residentia I Rate 544.26 544.26 544.26 544.26 544.26
(b) All consumers who purchase from the city only a part ofthe water consumed or used
by them and all persons who purchase or acquire water from any other source, regardless, shall
pay based on such volume as set forth in subsection (a) as would have been assessed against
such consumers had they been furnished alltheir water from the city's water system for
disposal of industrial sewage. ln order to determine the amount of water used by such
consumers, regardless of its source, when less than the entire amount of water so used is
furnished through the city's water system, such consumers shall install water meters of a type
currently used by the city's water and sewer department, so that the same may be read in like
manner as the city water meters are now read, and the proper charge for industrial sewage can
be fixed and determined on a monthly basis as if such water had actually been purchased each
month from the city at the city's prevailing rates, and in addition thereof, the surcharges as are
provided for in this subdivision.
Sec. 90-322. Reserved
The sewer rates herein established shall apply to all bills rendered after July 1,2016
Jasua+ylr-2ols.
All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance
be and the same are hereby repealed.
This ordinance shall be in full force and effect on July 1, 2015 Jans€+y-++e15.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
/s/
Mayor
ATTEST:
James E. Taliaferro, ll
Clerk of Council, City of Salem, Virginia
nEM#!9-
"*.6-ta^lb
AT A REGULAR IVIEETING OF THE CIry COUNCIL OF THE CITY OF SALEIVI, VIRGINIA
HELD AT CITY HALL
MEETING DATE: June 13,2016
AGENDA ITEM: Request to accept and appropriate VML lnsurance Programs
(VMLIP) grant
SUBMITTED BY: Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION:
VML lnsurance Programs provides risk management grants to localities each year to help
support risk management activities. The City of Salem Police Department was awarded a
grant of $2,899 to be used to purchase two treadmills for the Police Department fitness
room. The grant does not require a match.
FISCAL IMPACT:
The $2,899 grant will allow us to purchase needed items thal are not included in the
current budget.
STAFF RECOMMENDATION:
Staff recommends accepting the $2,899 grant from VMLIP and appropriating S2,899 in
state grant revenue, account 10-030-01 00-48395. lncrease the expenditure budget for
Police Department account 10-030-31 10-55859 for the purposes stated above.