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HomeMy WebLinkAbout36442-080403 - 36758-0621041 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36442-080403. A RESOLUTION recognizing Pearl Fu as an honorary Goodwill Ambassador at Large for the City of Roanoke. WHEREAS, Ms. Fu was born in Yunnan, China as Dragon Pearl and grew up in Hong Kong; WHEREAS, Ms. Fu came to the United States when she was 18 years old to attend Marywood College and Peabody Conservatory of Music in Baltimore, Maryland; WHEREAS, after graduation, Ms. Fu married and moved to Princeton, New Jersey, with her husband, who worked as a research scientist for Ingersoll Rand; WHEREAS, Ms. Fu taught English to Chinese immigrants and Chinese to American business people at Berlitz Language School, Princeton, New Jersey. WHEREAS, Ms. Fu came to Roanoke in 1986 when her husband's company relocated to this area; WHEREAS, Ms. Fu has been active in the cultural community, often promotes cultural events in the City and is a popular spokesperson and emcee for these functions; WHEREAS, Ms. Fu has written articles about the City's diversity and cultures for publications including Roanoker Magazine, City Magazine, The Roanoke Tribune, The Roanoke Times, VIP Magazine, and Senior News; WHEREAS, Ms. Fu spends a great deal of her time building the cultural bridge for Roanoke's ever-growing multicultural community by coordinating programs for schools, churches, nursing homes and the community; WHEREAS, Ms. Fu uses her language skills for the community by interpreting for the Red Cross, Hospice, the Police Department, and Refugee and Immigration Services; WHEREAS, Ms. Fu is the founder and organizer of Local Colors, the City's annual festival celebrating its diversity; WHEREAS, Ms. Fu has served as a board member for numerous organizations including Center in the Square, the History Museum, Roanoke Chinese Association, the Council on Race and Religion, the Organization of Chinese Americans, Roanoke College Multi-cultural Association, Friends of Blue Ridge Parkway, China's Yi Minority Council, and the Virginia Commission of Arts; WHEREAS, Ms. Fu has been widely recognized for her service to the community; among the most prestigious of these awards are 1993 Citizen of the Year from Mayor David Bowers and City Council; the Humanitarian Award from the National Conference for Community and Justice; Virginia's Outstanding Citizen and Humanitarian Award from Governor Gilmore; NAACP Image Award for Humanity; and Champion Bridge Builder for International Understanding from the Cultural Exchange; WHEREAS, Ms. Fu's self-proclaimed mission and dream is to spread goodwill to people of diverse origin, race, religion end creed; to promote multiculturalism by sharing and learning; and to build better understanding between China and America, Yunnan and Virginia, and all people in the universe-- making this a kinder, happier world. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this resolution as a means of commending Pearl Fu's contribution to the cultural richness of our community, and hereby recognizes her as an honorary Goodwill Ambassador at Large for the City of Roanoke. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36443-080403. A RESOLUTION supporting Virginia's public school students and urging the General Assembly to provide additional State dollars to fully fund the actual costs of the Standards of Quality and the legislative guidelines for higher education funding. WHEREAS, many students in Virginia's public schools are at risk o~ not learning what is required to earn a high school diploma, enroll in a college or university or enter the job market, and even the successful students who graduate are affected by schools struggling to provide the level of educational quality they need and deserve; WHEREAS, teachers often find they do not have the tools or training necessary to teach the subjects mandated for achievement of state standards and teachers' salaries and the uncertain state support of salaries does not provide the kind of incentives that attract and keep the most talented professionals; WHEREAS, state funding for public education does not reflect the true cost of constructing, staffing, equipping, operating and maintaining schools that perform at the level needed to support the foundation for standards of quality and learning, and the costs of educating at-risk students create additional fiscal pressures on many school systems; WHEREAS, not only are students being left behind, taxpayers are seeing the increasing burden of higher local real estate tax rates as local governments try to pay both their share and the state's share of education costs, and, when Virginia's students plan for higher education, they face additional challenges because legislative reports also have verified that appropriate levels of funding have not been achieved for higher education, and one of the worst results of reduced funding for college students is that so many qualified Virginia students are denied admission because the faculty, buildings, and equipment are simply not there to accommodate them; and WHEREAS, the effects of being left behind without a high school diploma or a college degree, especially for an at-risk student, are compelling. A Virginian who has a high school diploma earns a lot more than one who does not. A degree from a community college means more, and a four-year college degree means even more. Education literally pays, in addition to its other quality-of-life benefits. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows:, 1. This Council urges the General Assembly to provide additional State dollars to fully fund the actual costs of the Standards of Quality and the legislative guidelines for .higher education funding. These actions are essential if our elementary, middle and high schools, community colleges and four-year colleges and universities are to meet the following goals: Smaller classes in schools and colleges where teachers and faculty can provide students the individual attention they need to learn and graduate on time; Sufficient numbers of well-qualified teachers and faculty to give every student the opportunity to graduate from high school and to have access to higher education and opportunities for training and skill development; Competitive salaries to attract and keep well-qualified teachers and faculty to help students learn; Modern, safe classrooms, laboratories, technology and equipment to provide the environment in which students learn best; and Accountability and performance measurement at all levels for students, teachers, faculty, administrators and others responsible for helping students learn. 5 2. The City Clerk is directed to forward attested copies of this resolution to The Honorable John S. Edwards, Member, Senate of Virginia, The Honorable A. Victor Thomas, and the Honorable Clifton A.Woodrum, III, Members, House of Delegates. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36444-080403. AN ORDINANCE amending and reordaining Ordinance No. 35588-091701; and dispensing with the second reading by title of this ordinance. WHEREAS, Ordinance No. 35588-091701, adopted September 17, 2001, was intended to permanently vacate, discontinue and close a certain unopened alleyway adjoining the rear of certain lots facing Richelieu Avenue, S.W., those lots being from 2701 Richelieu Avenue through 2729 Richelieu Avenue, S.W.; WHEREAS, Ordinance No. 35588-091701 provided that it would be null and void, with no further action by City Council being necessary, if a plat of subdivision implementing the ordinance were not recorded within twelve months of the date of adoption of the ordinance; WHEREAS, a plat of subdivision acceptable to the City was recorded, br~t not until fifteen months after the adoption of Ordinance No. 35588-091701 had elapsed, the ordinance then being null and void; and WHEREAS, in order to effectuate the purpose of Ordinance No. 35588-091701, clean up the land records, and validate the plat of subdivision that has already been recorded; THEREFORE, BE iT ORDAIN ED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 35588-091701 be amended to read and provide as follows, and that such ordinance be reordained as amended: BE IT FURTHER ORDAINED that if the above conditions have not been met within twenty-four (24) months from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 35588-091701 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36445-080403. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 7 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,900,683.00 DUI Overtime Grant - FY04 (1-2) .......................... 15,000.00 Revenues Public Safety DUI Overtime Grant - FY04 (3) ............................ 2,900,683.00 15,000.00 1) Overtime (035-640-3420.1003) 2) FICA (035-640-3420-1120) 3) State Grant Receipts (035-640-3420-3420) $ 13,934.00 1,066.00 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36446-080403. A RESOLUTION accepting the Driver/Occupant Awareness grant offer made to the City by the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. 8 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Driver/Occupant Awareness grant offered by the Virginia Department of Motor Vehicles in the amount of $15,000, such grant being more particularly described in the letter of the City Manager dated August 4, 2003, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36447-080403. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund and Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: 9 Appropriations Public Safety $ 2,910,157.00 Bulletproof Vests FY 04 (1) ............................. 9,474.00 Revenues Public Safety.Special Purpose Grants Bulletproof Vests FY 04 (2) ............................. 2,910,157.00 9,474.00 1) Wearing Apparel 2) Bulletproof Vests FY 04 (035-640-3316-2064) $ 9,474.00 (035-640-3316-3325) 9,474.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36448-080403. A RESOLUTION accepting a grant made to the City by the United States Department of Justice for the reimbursement of the cost of bulletproof vests, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 10 1. The City of Roanoke does hereby accept the Bulletproof Vest Partnership Grant made to the City by the Department of Justice for the cost of bulletproof vests, in the amount of $9,474.02, such grant being more particularly described in the City Manager's letter dated August 4, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, all necessary documents required to accept this grant; all such documents to be approved aa to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Justice in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36449-080403. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund and Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: 11 Appropriations Public Safety $ 2,914,997.00 G.R.E.A.T. Program FY 04 (1) ............................ 4,840.00 Revenues Public Safety-Special Purpose Grants G.R.E.A.T. Program FY 04 (2) ............................ 2,914,997.00 4,840.00 1) Training and Development (035-640-3317-2044) $ 4,840.00 2) G.R.E.A.T. Program FY04 (035-640-3317-3326) 4,840.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2003. No. 36450-080403. A RESOLUTION accepting the Gang --Resistance Education And Training (G.R.E.A.T.) grant offered to the City by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby accept the G.R.E.A.T. grant offered by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives in the amount of $4,840, such grant being more particularly described in the letter of the City Manager, dated August 4, 2003, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2003. No. 36451-081803. AN ORDINANCE to amend and reordain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 13 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grand Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $1,018,685.00 Victim Witness Grant FY04 (1-16) ............................ 128,428.00 Revenues Judicial Administration 1,018,685.00 Victim Witness Grant FY04 (17-18) ............................ 128,428.00 (1) Regular Employee Salaries (2) City Retirement (3) ICMA Retirement (4) ICMAMatch (5) FICA (6) Medical Insurance (7) Dental Insurance (8) Disabilitylnsurance (9) Telephone (10) Administrative Supplies (11) Dues and Memberships (12) Training and Development (13) Printing (14) Postage (15) 035-150-5127-1002) $ 91,594.00 035-150-5127-1005) 3,960.00 035-150-5127-1115) 2,920.00 035-150~127-1116) 2,340.00 035-150-5127-1120) 7,426.00 035-150-5127-1125) 10,882.00 035-150-5127-1126) 699.00 035-150-5127-1131) 257.00 035-150-51276020) 240.00 035-150-5127~030) 779.00 035-150-51276042) 275.00 (035-150-5127-2044) 3,736.00 (035-150-5127-2075) 200.00 (035-150-5127-2160) 2,640.00 CIS - Personal Computer Rental/Maintenance (035-150-5127-7007) (16) Management Services (035-150-5127-7015) (17) State Grant Receipts (035-150-5127-5128) (18) Local Match (035-150-5127-5129) 240.00 240.00 102,757.00 25,671.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Mary F. Parker City Clerk Mayor ith IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2003. No. 36452-081803. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of a grant in the amount of $102,757.00 for Fiscal Year 2003-04 for a VictimhNitness Assistance Program. 2. The local cash match for Fiscal Year 2003-04 shall be in the amount of $25,671.00. 3. The City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the grant. 15 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant, or with such project. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2003. No. 36453-081803. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $ 1,125,540.00 Regional Drug Prosecutor FY04 (1-13) .................... 106,855.00 Revenues Judicial Administration $ 1,125,540.00 Regional Drug Prosecutor FY04 (14-15) .................... 106,855.00 16 1) Regular Employee Salaries (035-150-5136-1002) $74,300.00 2) City Retirement (035-150-5136-1105) 4,725.00 3) ICMA Match (035-150-5136-1115) 1,300.00 4) FICA (035-150-5136-1120) 5,783.00 5) Medical Insurance (035-150-5136-1125) 5,496.00 6) Dental Insurance (035-150-5136-1126) 404.00 7) Life Insurance (035-150-5136-1130) 728.00 8) Disability Insurance (035-150-5136-1131) 208.00 9) Telephone (035-150-5136-2020) 2,000.00 10) Administrative Supplies (035-150-5136-2030) 2,011.00 11) Dues and Memberships (035-150-5136-2042) 400.00 12) Postage (035-150-5136-2160) 500.00 13) Other Rental (035-150-5136-3075) 9,000.00 14) State Grant Receipts (035-150-5136-5109) 84,994.00 15) Local Match (035-150-5136-5110) 21,861.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 17 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36454-081803. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the regional drug prosecutor's office in the total amount of $84,994.00 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 2003, through June 30, 2004. 2. The City Manager is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all documents required to obtain such funding. 3. The local share for Fiscal Year 2004 shall be in the amount of $21,861.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2003. No. 36455-081803. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety State Asset Forfeiture (1-5) .............................. $ 2,909,292.00 331,851.00 Revenues Public Safety State Asset Forfeiture (6-7) .............................. 2,909,292.00 331,851.00 1) 2) 3) 4) 5) 6) 7) Telephone-Cellular Administrative Supplies Expendable Equipment <$5,000 Training and Development DOT-PC Rental/Maintenance State Asset Forfeiture Proceeds Interest (035-640~302~021) $ 5,000.00 (035~40~302~030) 5,109.00 (035~40-3302~035) 5,000.00 (035~40-3302~044) 2,000.00 (035~40-3302-7007) 6,500.00 (035~40-3302-3300) 20,545.00 (035~40~302-3299) 3,064.00 19 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2003. No. 36456-081803. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Temporary Assistance for Needy Families (TANF) Hard-to-Serve (1) ..................................... $ 5,727,799.00 207,000.00 Revenues Health and Welfare Temporary Assistance for Needy Families (TANF) Hard-to-Serve (2) ..................................... 5,727,799.00 207,000.00 2O 1) Fees for Professional Services (035-630-8853-2010) $207,000.00 2) State Grant Receipts (035-630-8853-8853) 207,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36457-081803. A RESOLUTION authorizing acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for eligible TANF recipients who must obtain employment, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Temporary Assistance for Needy Families (TANF) Hard-to-Service Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for hard-to-serve TANF recipients, in the amount of $207,000.00, as set forth in the City Manager's letter to Council dated August 18, 2003, is hereby ACCEPTED. 21 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk Mayor APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2003. No. 36458-081803. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 General, School, and School Capital Projects Funds Appropriations, and dispensing with~the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 General, School, and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 74,895,263.00 Transfer to School Fund - CMERP (1) ..................... 1,025,630.00 Fund Balance Reserved for CMERP - Schools (2) ........................ 529,557.00 School Fund Appropriations Education Instructional Support Team Project 2003 (3) ............... Facilities (4) ......................................... Other Uses of Fund Transfer to School Capital Projects Fund (5) .............. Revenues Grants Instructional Support Team Project 2003 (6) ............... Non-Operating Transfer from General Fund - CMERP (7) .................. Fund Balance Reserved for CMERP - Schools (8) Reserved for Future Capital Projects (9-10) School Capital Proiects Fund Ao~roDriations Education School Transportation Facility (11) ........................ Fallon Park Elementary School Improvements (12) .......... Westside Elementary School Improvements (13) ............ Revenues Non-Operating Transfer from School Fund (14) .......................... $154,85'1,371.00 22,000.00 1,454,759.00 6,204,628.00 1,342,947.00 38,249,408.00 22,000.00 50,015,076.00 1,025,630.00 2,000,149.00 997,365.00 24,860,365.00 1,607,947.00 95,000.00 240,000.00 1,592,947.00 942,947.00 23 1) 2) 3) 4)" 5) 6 7 8 9 10 11 12 13 14 Transfer to School Fund - CMERP Reserved for CMERP Compensation of Teachers Buildings Transfer to School Capital Projects Fund Federal Grant Receipts Transfer from General Fund -CMERP Reserved for CMERP - Schools Reserved for Future Capital Projects Reserved for Future Capital Projects Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Transfer from School Fund (001-250-9310-9532) (001-3324) (030-062-6593-6029-0121) (030-065-6006-6896-0851) (030-065-6007-6896-9531) (030-062-6593-1102) (030-060-6000-1356) (030-3324) (030-3329) (030-3329) (031.060.6065-6896-9003) (031-065-6067-6896-9003) (031-054-6068-6896-9003) (031-065-6065-1127) $1,025,630.00 (1,025,630.00) 22,000.00 (607,947.00) 942,947.00 22,000.00 1,025,630.00 (306,735.00) 1,332,365.00 (335,000.00) 607,947.00 95,000.00 240,000.00 942,947.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36459-081803. A RESOLUTION authorizing execution of an Agreement between the City and Blue Ridge Housing Development Corporation in order to provide funds from the Derelict Structures Fund, in the amount of $50,000.00, to Blue Ridge Housing Development Corporation for renovation of property located at 1018 Jamison Avenue, upon certain terms and conditions. WHEREAS, by Resolution No. 35005-080700, adopted August 7, 2000, City Council authorized the City Manager to prepare and submit an application to the Virginia Department of Housing and Community Development for a grant from the Derelict Structures Fund in the amount of $100,000.00 on behalf of Northwest Neighborhood Environmental Organization and Two B Investments; WHEREAS, the grant was awarded, and a funding agreement was executed between the City and the Department of Housing and Community Development on May 29, 2001; WHEREAS, the City of Roanoke has $50,000.00 of unexpended funds from the grant; WHEREAS, Blue Ridge Housing Development Corporation ("BRHDC") desires to utilize the City's remaining $50,000.00, on a reimbursement basis, to renovate property located at 1018 Jamison Avenue, which is in the Southeast by Design neighborhood; and WHEREAS, BRHDC is committing $70,000.00 from its own line of credit, and in partnership with Total Action Against Poverty, will commit another $30,000.00 for match. 25 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, approved as to form by the City Attorney, to allocate $50,000.00 of the Derelict Structures Fund grant to BRHDC on a reimbursement basis, as more particularly set out in the City Manager's letter dated August 18, 2003, to this Council. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36460-081803. A RESOLUTION amending Paragraph 6 of Resolution No. 36414-070703, adopted on July 7, 2003, which resolution established a meeting schedule for City Council for the Fiscal Year commencing July 1,2003, and terminating June 30, 2004, in order to provide that the portion of the regular meetings which begins at 9:00 a.m. for the conduct of informal meetings, work sessions or closed meetings of City Council will be convened in the Emergency Operations Center (EOC) Conference Room instead of Council Chambers. WHEREAS, Resolution No. 36414-070703, adopted on July 7, 2002, established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2003, and ending June 30, 2004; and WHEREAS, it is the desire of City Council to change the location of the 9:00 a.m. work sessions of Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Paragraph 6 of Resolution No. 36414-070703 adopted on July 7, 2003, is hereby amended to read and provide as follows: 6. All regular meetings of City Council shall be held in Council Chamber, Room 450, of the Municipal Building in this City, unless otherwise provided by resolution of Council, with the exception of the 9:00 a.m. work sessions, which shall convene in the Emergency Operations Center (EOC) Conference Room. 2. All other provisions relating to establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2003, and ending June 30, 2004, contained in Resolution No. 36414-070703, shall remain unchanged and in full force and effect. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36461-081803. AN ORDINANCE authorizing the alteration and closing by barricade of certain public right-of-way in the City of Roanoke, Virginia, subject to certain conditions; and dispensing with the second reading of this ordinance by title. 27 WHEREAS, Akzo Nobel Coatings, Inc. filed an Application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade the public right-of-way, subject to certain conditions; as are more particularly described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by '30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, public hearing was held on such application by the City Council on August 18, 2003, after due and timely notice thereof as required by '30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such Application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closure by barricade of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade such public right-of-way, and that such alteration will promote the safety and welfare of those using the subject public right-of-way and the right-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Roanoke Avenue, S. W., adjacent to Burks Street, S. W., continuing back to the Norfolk and Southern rail tracks, be, and hereby is, altered and closed by way of a barricade, conditioned upon the petitioner erecting a gate with a double lock system to allow Norfolk Southern employees and the petitioner, and the petitioner's successors and assigns, access via their own lock and keys, and allowing access to the closed portion of Roanoke Avenue, S. W., to the City of Roanoke, or any person or entity representing or acting on behalf of the City, and to all public utility entities with facilities located within the subject right-of-way, as set forth in the Planning Commission's report dated August 18, 2003, to this Council. 28 - BE IT FURTHER ORDAINED that the City Engineer be, and is, directed to mark "Altered and Closed by Barricade" on such right-of-way on all maps and plats on file in his office on which such rights-of-way are shown, referring to the book and page of Ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that such Clerk may make proper notations, if any, of the alteration and closing by barricade as described above on all maps and plats recorded in that office on which Roanoke Avenue, S. W., and Burks Street, S. W., appear. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36462-081803. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. 29 WHEREAS, the Roanoke Country Club, Inc., and Scott Robertson Memorial Fund, a Virginia Non-Stock Corporation, filed an application to the Council cf the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on such application by the City Council on August 18, 2003, after due and timely notice thereof as required by Section 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that a fifteen foot public right-of-way, extending in a northeasterly direction from the northerly boundary of Densmore Road, N. W., between Official Tax Nos. 2670906 and 2671005 more particularly described as follows: Beginning at Corner No. 5 property of the Scoff Robertson Memorial Fund map prepared by T. P. Parker & Son dated Dec. 6, 2002, at an iron pin on Densmore Road, N. W., thence with the property of Scott Robertson Memorial Fund and the northerly side of a roadway, N. 77° 30' 40" E., 263.09 feet to Corner No. 4; thence leaving the property of the Scott Robertson Memorial Fund and with the property of the Roanoke Country Club, Tax No. 2671005, S. 19° 39' 40" W., 13.33 feet to Corner "C"; thence continuing with the property of the Roanoke Country Club, S. 77° 30' 40" W., 225.87 feet to Corner "B" on Densmore Road, N.W.; thence with the northerly line of Densmore Road, N. W., N. 81 ° 57' 23" W., 32.17 feet to the place of BEGINNING, containing 0.063 Acre, more or less be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 31 BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36463-081803. AN ORDINANCE amending and reordaining §36.1-25, Definitions; subsections (26) and (37) of §36.1-206, Permitted uses; subsection (5) of §36.1-207, Special exception uses; subsection (26) of §36.1-227, Permitted uses; subsection (3) of §36.1-228, Special exception uses; subsection (24) of §36.1-249, Permitted uses; subsection (8) of §36.1-250, Special exception uses; subsection (11) of §36.1-270, Permitted uses; subsection (5) of §36.1-271, Special exception uses; §36.1-206, §36.1-207, and §36.1-250, by deleting certain uses as permitted uses or uses by special exception; and §36.1-435, Parkinq of commercial vehicles, and adding new 32 ~ subsections (51) and (52) of §36.1-206, Permitted uses; subsections (28) and (29) of §36.1-249, Permitted uses; subsections (10) and (11) of §36.1-250, Special exception uses; subsection (12) of §36.1-270, Permitted uses; and subsection (6) of §36.1-271, Special exception uses, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-25, Definitions, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting the definition of "tow truck operation," by adding the definitions of "buffer," "commercial motor vehicle," "new commercial motor vehicle sales and service establishment," "used commercial motor vehicle sales and service establishment," "new motor vehicle sales and service establishment," "used motor vehicle sales and service establishment," "towing service," and "wrecker service," and by revising the definition of "general service establishment," to read and provide as follows: Sec. 36.1-25. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: Buffer: An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied in its entirety by any building, structure, paving or portion of such land use, for the purposes of screening the effects of the land use, no part of which buffer is used for recreation or parking. Commercial motor vehicle: Any motor vehicle or trailer used, designed or maintained for the transportation of persons or property for compensation or profit, and which is one of the following types of vehicles: trucks, tractor cabs, farm tractors, construction equipment, motor passenger buses (excluding school buses currently used by a public or private institution of learning), trailers, semi-trailers, taxis, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, or step vans, but not including vans, pickup trucks, and panel trucks. Commercial motor vehicle sales and service establishment, new: An establishment which engages in only the sale or lease of new and used commercial motor vehicles, the performance of any repair or maintenance work of such commercial motor vehicles, and financial services conducted as an accessory use to the establishment. Commercial motor vehicle sales and service establishment, used: An establishment whose activities include the display of used commercial motor vehicles for sale or lease, or the performance of any repair or maintenance work of used commercial motor vehicles, but whose activities do not include the sale or lease of new commercial motor vehicles. 33 General service establishment: A place of business primarily engaged in the repair or maintenance of household or commercial goods, including appliances, computers, office equipment and automobiles motor vehicles and trailers. Motor vehicle sales and service establishment, new: An establishment whose activities include the sale or lease of new and used motor vehicles or trailers, and new and used commercial motor vehicles not exceeding 26,000 pounds empty gross weight, the performance of any repair or maintenance work of such motor vehicles and commercial motor vehicles, and financial services conducted as an accessory use to the establishment. Motor vehicle sales and service establishment, used: An establishment which engages in only the display of three or more used motor vehicles or trailers for sale or lease, and may engage in the repair or maintenance of such motor vehicles or trailers, but does not engage in the sale, lease, repair or maintenance of commercial motor vehicles. Towing service: An establishment whose activities include the recovery, removal and temporary storage of motor vehicles or trailers, but does not include the dismantling, demolition, repair, or salvage of such motor vehicles or trailers, or any part of such motor vehicles or trailers. Wrecker service: An establishment whose activities include the recovery, removal and temporary storage of inoperative or damaged motor vehicles or trailers for dismantling, demolition, repair, salvage, or sale of such inoperative or damaged motor vehicles or trailers, or part of such motor vehicles or trailers, but whose activities do not include the sale of gasoline or the sale of new motor vehicles or trailers. 2. Section 36.1-206, Permitted uses, of Chapter 36.1, Zonin.q, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection (26) to permit general service establishments to repair and sell motor vehicles or trailers under certain circumstances, by amending subsection (37) by substituting "new motor vehicle sales and service establishments" for establishments primarily engaged in the sale or rental of certain motor vehicles under certain circumstances as a permitted use, by adding a new subsection (51) "used motor vehicle sales and service establishments" under certain circumstances, by adding a new subsection (52) "towing services," as permitted uses in the C-2, General Commercial District, and by repealing subsection (40), to read and provide as follows: Section 36.1-206. Permitted uses. The following uses shall be permitted as principal uses in the C-2 district: 35 (26) General service establishments, provided that: trdt-net any such establishments primarily engaged in the repair or maintenance of,-,,,,,,,,,~,,~o'-- ,,,,,.-o ~,, con~r::c~[c,n ~q::[p,~n~, motorvehicles ortrailers shall be limited to the incidental sale of up to five (5) repaired or rebuilt motor vehicles or trailers within one calendar year at that location, although the sale of repaired or rebuilt motor vehicles or trailers for the purpose of satisfying a lien for services rendered or parts supplied shall not be included in the total of such permitted incidental sales; aft repair or maintenance activities shall occur in a wholly enclosed building; and prc, v~ ~h~ ~he ,3ro~ ,':c,c,r ~r~-- no repair or maintenance activities shaft include the repair or maintenance of commercial motor vehicles or any motor vehicle or trailer painting or body repair. (37) an~,,,,~,,,,=,,,~,,,.=---; ......... ,,; ---,=h,,.;=o"- -- ',~h~r~ New motor vehicle sales and service establishments, provided the lot area ~ for thls use is no less than t,v~nty th~u~an~~.,,.,,~'"" """' forty thousand (40,000) square feet. (51) Used motor vehicle sales and service establishments, provided the lot area for this use is no less than ten thousand (10,000) square feet. (52) Towing services, provided that: The lot area contains a minimum of twenty thousand (20,000) square feet; There shall be no outdoor storage of any damaged or inoperative motor vehicles or trailers for a period exceeding one hundred twenty (120) calendar days, unless documentation is provided that is satisfactory to the Zoning Administrator evidencing that such a damaged or inoperative motor vehicle or trailer is the subject of an on- going law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the towing service pursuant to section 43-34 of the Code of Virginia (1950), as amended; and The storage area for any damaged or inoperative motor vehicles or trailers shall be screened from view from adjacent properties and public streets by the installation of an eight (8) foot tall, solid fence with a minimum two (2) foot wide buffer to screen the base of the fence along any lot frontage. 3. Section 36.1-207, Special exception uses, C-2, General Commercial District, of Chapter 36.1, Zonina. of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by repealing subsection (4) and by amending subsection (5) by substituting "motor vehicle or trailer" for "automobile," to read and provide as follows: Section 36.1-207. Special exception uses. The following uses may be permitted in the C-2 district by special exception granted by the board of zoning appeals subject to the requirements of this section: inciden~;.;r,~pc.;r=nd .......... ' '- ' '- "- '' 37 (6) Automobile Motor vehicle or trailer painting and body shops, provided that there shall be no outdoor storage of damaged a~omobites motor vehicles or trailers, equipment, ~ parts or other materials. 4. Section 36.1-227, Permitted uses, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection (26) to provide for "general service establishments," in the C-3 District, to read and provide as follows: Section 36.1-227. Permitted uses. The following uses shall be permitted as principal uses in the C-3 district: (26) General service establishments, bul~ot provided that no such establishments~pHmaH~ shall engaged in the repair or maintenance of motor vehicles or trailers. 5. Section 36.1-228, Special exception uses, C-3, Central Business District, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection (3) to permit "new motor vehicle sales and service establishments" as a use permitted by special exception in the C-3 District, to read and provide as follows: 36.1-228. Special exception uses. The following uses may be permitted in the C-3 District by special exception granted by the board of zoning appeals, subject to the requirements of this section: (3) New motor vehicle sales and service Eestablishments primaHty 38 - 6. Section 36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection (24) to require that general service establishments which repair motor vehicles or trailers do so only in a wholly enclosed building, and by adding "new commercial motor vehicle sales and service establishments," and "towing services," under certain circumstances, as permitted uses in the LM district, to read and provide as follows: §36.1-249. Permitted uses. The following uses shall be permitted as principal uses in the LM district: (24) General service establishments, provided that: any such establishment primarily engaged in the repair or maintenance of u,,,,,~o ,,, ;~.,,,o,,,,.,--,,,u" .... '-- motor vehicles or trailers shall be limited to the incidental sale of up to five (5) repaired or rebuilt motor vehicles or trailers within one calendar year at that location, although the sale of repaired or rebuilt motor vehicles or trailers for the purpose of satisfying a lien for services rendered or parts supplied shall not be included in the total of such permitted incidental sales; all t;uc.k;, ....,,,°.,.....,..,, ..~.,,~,,,~,....,,,., ..,~ ~.,...,o,.... - .... : .................'"-"-" epai maintena .uo,,..,oo o~,..,~o ~.v.,,..,,. ,.,. rr or nce activities are shall occur in a wholly enclosed ~ building; and pr~;-:dad ..... L ...... = ........ . _. ..... (c) no repair or maintenance activities shall include motor vehicle or trailer painting or body repair. (28) New commercial motor vehicle sales and service establishments, provided the lot area for the use contains a minimum of twenb/ thousand (20,000) square feet. 39 (29) Towing services, provided that: The lot area contains a minimum of ~wenty thousand (20,000) square feet; There shall be no outdoor storage of any damaged or inoperative motor vehicles or trailers for a period exceeding one hundred twenty ( f 20) calendar days, unless documentation is provided that is satisfactory to the Zoning Administrator evidencing that such a damaged or inoperative motor vehicle or trailer is the subject of an on- going law enforcement or insurance investigation or is the subject ora proceeding being pursued as expeditiously as possible by the towing service pursuant to section 43-34 of the Code of Virginia (f950), as amended; and The storage area for any damaged or inoperative motor vehicles or trailers shall be screened from view from adjacent properties and public streets by the installation of an eight (8) foot tall, solid fence with a minimum two (2) foot wide buffer to screen the base of the fence along any lot frontage. 7. Section 36.1-250, Soecial exception uses, of Chapter 36.1, Zonin§, ofthe Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting subsections (3) and (6), and by amending subsection (8) by substituting "motor vehicle or trailer" for "automobile," by adding "wrecker services" and "used commercial motor vehicle sales and service establishments" as uses by special exception, to read and provide as follows: Sec. 36.1-250. Special exception uses. The following uses may be permitted in the LM district by special exception granted by the board of zoning appeals, subject to the requirements of this section: Au{omobite Motor vehicle or trailer painting and body repair establishments, provided: (a) The lot area contains a minimum of forty thousand (40,000) square feet; (b) The minimum gross floor area of the building shall be not less than fifteen thousand (15,000) square feet; (c) The outside storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty (80) percent of the gross floor area of the building; and (d) The outdoor storage area is adequately screened from view from adjacent properties and public streets. (10) Wrecker services, provided that: The lot area contains a minimum of twenty thousand (20,000) square feet; There shall be no storage of a damaged or inoperative motor vehicle or trailer outside a wholly enclosed building for more than one hundred twenty (120) calendar days, unless documentation satisfactory to the Zoning Administrator is provided that such a damaged or 41 inoperative motor vehicle or trailer is the subject of an on- going law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the wrecker service pursuant to section 43-34 of the Code of Virginia (1950), as amended; and The storage area for any damaged or inoperative motor vehicle or trailer shaft be screened from view from adjacent properties and public streets by the installation of an eight (8) foot tall, solid fence with a minimum two (2) foot wide buffer to screen the base of the fence along any lot frontage; and Notwithstanding subsection (b), any parts removed from a damaged or inoperative motor vehicle or trailer shaft be stored within a wholly enclosed building. (11) Used commercial motor vehicle sales and service establishment. 8. Section 36.1-270, Permitted uses, of Chapter 36.1, Zonin.q, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection (11) to require that "general service establishments" which repair motor vehicle or trailers do so only in a wholly enclosed building, and by adding "towing services" as permitted uses in the HM District, to read and provide as follows: §36.1-270. Permitted uses. The following uses shall be permitted as principal uses in the HM district: (11) General service establishments primarily, provided that: establishments engaged in the repair or maintenance of o~;, .,~.~;o, ~.,,...,~.~ .,,.~..,,, motor vehicles or trailers shaft be limited to the incidental sale of up to five (5) repaired or rebuilt motor vehicles or trailers within one calendar year at that location, although the sale of repaired or rebuilt motor vehicles or trailers for the purpose of satisfying a lien for services rendered or parts supplied shall not be included in the total of such permitted incidental sales; and all repair or maintenance activities, including painting and body repair, shall occur in a wholly enclosed buildingt (12) Towing services, provided that: The lot area contains a minimum of twenty thousand (20,000) square feet; There shall be no outdoor storage of any damaged or inoperative motor vehicles or trailers for a period exceeding one hundred twenty(120) calendar days, unless documentation is provided that is satisfactory to the Zoning Administrator evidencing that such a damaged or inoperative motor vehicle or trailer is the subject of an on- going law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the towing service pursuant to section 43-34 of the Code of Virginia (1950), as amended; and The storage area for any damaged or inoperative motor vehicles or trailers shall be screened from view from adjacent properties and public streets by the installation of an eight (8) foot tall, solid fence with a minimum two (2) foot wide buffer to screen the base of the fence along any lot frontage. 43 9. Section 36.1-271, Special exception uses, of Chapter 36.1, Zonin.cl, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting subsection (5) and by adding "wrecker services" as a use by special exception, to read and provide as follows: §36.1-271. Special exception uses. The following uses may be permitted in the HM district by special exception granted by the board of zoning appeals, subject to the requirements of this section: (5) Tow truck operations, provided that: Wrecker services, provided that: The lot area contains a minimum of twenty thousand (20,000) square feet; There shall be no storage of a damaged or inoperative motor vehicle or trailer outside a wholly enclosed building for more than one hundred twenty (120) calendar days, unless documentation satisfactory to the Zoning Administrator is provided that such damaged or inoperative motor vehicle or trailer is the subject of an on- going law enforcement or insurance investigation or is the 44 subject of a proceeding being pursued as expeditiously as possible by the wrecker service pursuant to section 43-34 of the Code of Virginia (1950), as amended; and The storage area for any damaged or inoperative motor vehicle or trailer shall be screened from view from adjacent properties and public streets by the installation of an eight (8) foot tall, solid fence with a minimum ~vo (2) foot wide buffer to screen the base of the fence along any lot frontage; and Notwithstanding subsection (b), any parts removed from damaged or inoperative motor vehicles or trailers shall be stored within a wholly enclosed building. 10. Section 36.1-435, Parkinq of commercial vehicles, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by revising the regulations pertaining to the parking of commercial motor vehicles in a residential district, to read and provide as follows: §36.1-435. Parkin;I of commercial motor vehicles. (a) No commercial motor vehicle or panel truck ~ ,~uo,,~, ~,,,"l ,~',, u,',oo ~-~[§ht ~hall be parked or left standing in a residential district for more than two (2) hours at any time except for: (3) Vehicles belonging to or used by the occupant of a business premises, when the business premises constitute a lawfully existing use. Tow trucks and roll back tow trucks which are on call on the City's towing list. 45 (b) No motor vehicle intended or designed to transport caustic, flammable, explosive or otherwise dangerous materials shall be permitted to be parked overnight in a residential district. 11. Pursuant to the provisions of Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36464-081803. AN ORDINANCE amending and reordaining §20-71, Parkin.q of commercial trucks, of Article IV, Stoppin.q, Standinq and Parkinq, of Chapter 20, Motor Vehicles and TraffiC, of the Code of the City of Roanoke (1979), as amended, to provide for the definition of commercial motor vehicle and to prohibit the same from parking on the streets and alleys in a residential district under certain circumstances; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-71, Parkino of commercial trucks, of Article IV, StODDina. Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 20-71. Parking of commercial truck motor vehicles. For purposes of this section, a commercial motor vehicle shall be any motor vehicle or trailer used, designed or maintained for the transportation of persons or property for compensation or profit, and which is one of the following types of vehicles: trucks, tractor cabs, farm tractors, construction equipment, motor passenger buses, trailers, semi-trailers, taxis, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, or step vans. No commercial motor vehicle shall be parked or left standing on any street or alley located in a residential district for more than two (2) hours at any time, except for: School buses currently used by a public or private institution of learning; 47 Emergency vehicles, while such vehicles are providing emergency services, or emergency vehicles which are owned by the City of Roanoke; (3) Vehicles being loaded or unloaded; Vehicles belonging to or used by the occupant of a business premises when the premises constitute a lawfully existing use; Vehicles, the occupants of which are actually engaged in work on the premises; Vehicles being used in connection with utility or street work; and Tow trucks and roll back tow trucks which are on call on the City's towing list. No motor vehicle intended or designed to transport caustic, flammable, explosive or otherwise dangerous materials shall be permitted to be parked overnight in a residential district. For purposes of subsections (a) and (b) of this section, vans, pickup trucks and panel trucks shall not be considered commercial motor vehicles. 48 ¸- 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36465-081803. AN ORDINANCE amending and reordaining §36.1-693, Notice of hearinq, Division 5, Amendments, Article VII, Administration, of Chapter 36.1, Zonin.q, cf the Code of the City of Roanoke (1979), as amended, by repealing the required placement of signage on property when a proposed amendment affects the district classification of more than twenty-five (25) parcels; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-693, Notice of hearina, of Chapter 36.1, Zoning, ofthe Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by repealing the required placement of signage on property when a proposed amendment affects the district classification of more than twenty-five (25) parcels, to read and provide as follows: 49 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. / Ralph K. Smith Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2003. No. 36466-090203. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations Public Safety Police Training (1) ................................... $ 50,010,129.00 507.521.00 Nondepartmental 73,870,983.00 Transfer of Other Funds (2) ........................... 71,516,352.00 50 --- GRANT FUND Appropriations Public Safety $ 2,885,683.00 Local Law Enforcement - Citizen Police Academy (3 - 4) ....... 5,400.00 Revenues Public Safety Local Law Enforcement - Citizen Police Academy (5 - 6) ....... 2,885,683.00 5,400.00 (1) Training and Development (2) Transfer to Grant Fund (3) Administrative Supplies (4) Expendable Equipment (<$5,000.00) (5) State Grant Receipts (6) Local Match (001-640-3115-2044) (001~50-9310-9535) (035-640-3337-2030) $(1,350.00) 1,350.00 5,100.00 (035440-3337~035) 300.00 (035440-3337-3437) 4,050.00 (035440-3337-3438) 1,350.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 51 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2003. No. 36467-090203. A RESOLUTION authorizing the acceptance of the One Time Special Request Fund for Local Law Enforcement Agencies by the Commonwealth of Virginia Department of Criminal Justice Services and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia Department of Criminal Justice Services of the One Time Special Request Fund for Local Law Enforcement Agencies in the amount of $4,050.00, such grant being more particularly described in the letter of the City Manager, dated September 2, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia Department of Criminal Justice Service in connection with the City's acceptance to thisgrant. J ATTEST: ~ Ralph K. Smith Mary F. Parker City Clerk Mayor 52 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2003. No. 36468-090203. AN ORDINANCE to amend and reordain certain sections of the 2003-04 General, Civic Facilities and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 General, Civic Facilities and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Aoorooriations Nondepartmental $74,032,847.00 Transfers to Other Funds (1) ....................... 71,678,216.00 FUND BALANCE Reserved Fund Balance 4,415,961.00 Reserved for CMERP - City (2) ..................... 2,480,773.00 Residual Equity Transfer (3) ....................... -0- ClVI(~ FACILITIES FUND Aoorooriations Capital Outlay 5,225,862.00 Civic Center Expansion/Renovation Phase I (4) ........ 3,572,862.00 Revenues Nonoperating 1,343,685.00 Transfers from Other Funds (5) ...................... 1,313,685.00 53 CAPITAL PROJECTS FUND Appropriations General Government U.S. Bankruptcy Court (6 - 7) .......................... $ 9,988,896.00 180,000.00 Capital Improvement Reserve Capital Improvement Reserve (8) ...................... 503,625.00 498,268.00 Nondepartmental Transfers to Other Funds (9) .......................... 260,000.00 260,000.00 Revenues Nonoperating Transfers from Other Funds (10) ....................... 1,274,316.00 1,274,316.00 1) Transfer to Capital Project Fund 2) Reserved for CMERP - City 3) Residual Equity Transfer 4) Appropriated from General Revenue 5) Transfer from Capital Projects Fund 6) Appropriated from General Revenue 7) Appropriated from from CMERP 8) Buildings 9) Transfers to Civic Facilities Fund 10) Transfer from General Fund (001-250-9310-9508) (001-3323) (001-3337) (005-550-8615-903) (005-110-1234-1237) (008-530-9816-9003) (008-530-9816-9132) (008-052-9575-9173) (008-530-9712-9505) (008-110-1234-1037) $163,214.00 (133,414.00) (29,800.00) 260,000.00 260,000.00 45,586.00 133,414.00 (276,786.00) 260,000.00 163,214.00 54 --- Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk h K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2003. No. 36469-090203. AN ORDINANCE to amend and reordain certain sections of the 2003.2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Approoriations Health and Welfare Administration FY 04 (1 - 10) .............................................. Adult Program FY 04 (11 - 12) ............................................. Youth Program- In-School FY04 (13) ................................... Youth Program- Out of School FY 04 (14-16) ........................ Dislocated Worker FY 04 (17) ............................................. $6,269,419.00 74,862.00 91,408.00 326,808.00 140,060.00 115,482.00 55 Revenues Health and Welfare Workforce Investment Act Grant (18) ........................................ $6,269,419.00 1) Wages 2) Travel 3) Marketing 4) Supplies 5) Insurance 6) Contractual Services 7) Rent 8) Equipment 9) Miscellaneous 10) Telephone 11) Contractual Services 12) Payments to Other Governments 13) Contractual Services 14) Contractual Services 15) Miscellaneous 16) Payments to Other Governments 17) Payments to Other Governments 18) State Grant Receipts (035-633-2301-2050) (035-633-2301-8052) (035-633-2301-8053) (035-633-2301-8055) (035-633-2301-8056) (035-633-2301-8057) (035-6335301-8058) (035-633~301-8059) (035-633~301-8060) (035-633~301-8090) (035-633-2302-8057) (035-633~302-8091) (035-633~303-8057) (035-633-2304-8057) (035-633~304-8060) (035-633~304-8091) (035-633-2305-8057) (035-633-2301-2301) 44,496.00 1,601.00 960.00 960.00 493.00 22,511.00 1,761.00 1,120.00 480.00 480.00 76,631.00 14,777.00 326,808.00 87,000.00 9,673.00 43,387.00 115,482.00 748,620.00 ATTEST: Mary F. Parker City Clerk Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED~h~/ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2003. No. 36470-090203. A RESOLUTION providing for an amendment to the fees charged for the use of market spaces at the Roanoke City Market, with such changes to be effective January 1, 2004; and directing amendment of the Fee Compendium. BE IT RESAOLVED by the Council of the City of Roanoke as follows: 1. As set out in the City Manager's letter to Council dated September 2, 2003, the market space fees for the use of spaces at the Roanoke City Market shall be, and hereby are, amended in accordance with the following fee schedule, which shall be effective on January 1, 2004: Each market space covered by a monthly primary or shared permit or license will be will be $35.00 per space per month. Each market space covered by a monthly Saturday only permit or license will be $40.00 per space per month. Each market space covered by a daily permit or license will be $10.00 per space per day. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City by Resolution No. 32412-032795 adopted March 27, 1995, effective as of the date, as amended, shall be amended to reflect the new market space fees for the Roanoke City Market as set forth above. APPROVED ~/~,. Mary F. Parker City Clerk Mayor 57 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2003. No. 36471-090203. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meeting of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on Tuesday, October 21, 2003, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, the Honorable Ralph K. Smith, Mayor, is hereby designated Voting Delegate, and the Honorable Nelson C. Harris, Vice-Mayor, is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete an forms required by the Virginia Municipal League for designated of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2003. No. 36472-090203. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on Saturday, December 13, 2003, in Nashville, Tennessee, and any Business Meeting in connection with such Conference, The Honorable M. Rupert Cutler, Council Member, is hereby designated Voting Delegate, and The Honorable William D. Bestpitch, Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia. 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 59 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36473-091503. A RESOLUTION memorializing the late Betty Brooke Morris Parrott, wife of former Council member John H. Parrott. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Parrott on Monday, August 25, 2003; WHEREAS, Mrs. Parrott grew up in Roanoke and graduated from Old fields School in Glencoe, Maryland in 1948 and from Sweet Briar College in Sweet Briar, Virginia in 1952; WHEREAS, after college, Mrs. Parrott worked for The Roanoke Times & World News before marrying and becoming a homemaker; WHEREAS, Mrs. Parrott was a volunteer for Meals on Wheels, and served on the Roanoke Public Library Board, the Advisory Council of the Community Arboretum at Virginia Western Community College, and the Altar Guild at St. John's Episcopal Church, where she was a lifelong member; WHEREAS, Mrs. Parrott was a member of the Junior League of Roanoke Valley, Roanoke Valley Garden Club, and the Roanoke Assembly and served on its board; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regrets and sorrow at the passing of Betty Brooke Morris Parrott, and extends to her family its sincerest condolences. 60 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Parrott's husband of 47 years, John H. Parrott of Roanoke, Virginia. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36474-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: 61 Appropriations Public Safety $ 2,921,908.00 Help Eliminate Auto Theft Grant (1 - 2) ................. 6,911.00 Revenues Public Safety Help Eliminate Auto Theft Grant (3) .................... 2,921,908.00 6,911.00 1) Maintenance (035-640-3450-2005) $1,308.00 2) Expendable Equipment (035-640-3450-2035) 5,603.00 3) State Grant Receipts (035-640-3450-3450) 6,911.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36475-091503. A RESOLUTION authorizing the acceptance of the Help Eliminate Auto Theft (H.E.A.T.) Grant offer made by the Commonwealth of Virginia Department of State Police and authorizing the execution of any required documentation on behalf of the City. 62 - BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia Department of State Police of the Help Eliminate Auto Theft (H.E.A.T.) Grant in the amount of $6,911, such grant being more particularly described in the letter of the City Manager, dated September 15, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia Department of State Police in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36476-091503. AN ORDINANCE amending and reordaining Section 21-80, Dischar_~ino firearms, Article III, Weapons, of Chapter 21, Offenses- Miscellaneous. of the Code of the City of Roanoke (1979), as amended, to exempt persons authorized by the city to cull antlerless deer from the application of Section 21-80; and dispensing with the second reading by title of this ordinance. 63 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 21-80, Discharging firearms, of Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 21-80. Discharging firearms. (a) It shall be unlawful for any person to shoot any gun, pistol or any other firearm within the limits of the city, except in case of urgent necessity. This section shall not apply to members of the city police force, persons authorized by the city to cull antlerless deer under the conditions of the Urban Deer Management Program Permit (DPOP) granted to the city by the Virginia Department of Game and Inland Fisheries, members of the established armed forces and members of bona fide gun clubs, shooting on ranges approved by the city council and established in the city for their use, and persons shooting in licensed shooting galleries. (b) A violation of this section shall constitute a Class 1 misdemeanor. ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of this APPROVED Mary Parker City Clerk Mayor 64 -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36477-091503. AN ORDINANCE authorizing the execution of an Assignment and Amendment Number One with SEMCO, Incorporated of Virginia, to the Option Agreement with Roanoke Development, LLC, for the option to purchase an approximate 18.437 acre parcel of land known as New Tract F located at the Roanoke Centre for Industry and Technology ("RClT"), upon certain terms and conditions; authorizing the City Manager to take such other action and execute such other documents as may be required to implement the sale of such property at RClT to SEMCO, Incorporated of Virginia; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, an Assignment and Amendment Number One with SEMCO, Incorporated of Virginia, to the Option Agreement with Roanoke Development, LLC, for the option to purchase an approximate 18.437 acre parcel of land known as New Tract F and located in the RClT, and as more particularly stated in the City Manager's letter to City Council dated September 15, 2003, with such Assignment and Amendment Number One being substantially similar to the one attached to such letter. 2. The City Manager is also authorized to take such further action and execute such other documents as may be required to implement such Assignment and Amendment Number One to the Option Agreement and, if exercised, the subsequent sale of such Property, and for related matters, as referred to in the above-mentioned letter. 65 Mary F. Parker City Clerk 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36478-091503. AN ORDINANCE amending Ordinance No. 36312-051203, adopted May 12, 2003, adopting and establishing, among other things, a Pay Plan for officers and employees of the City effective July 1,2003, by the addition of a new Paragraph 15, and the renumbering of subsequent paragraphs in the ordinance, in order to include a provision relating to an increase in the base salary of persons qualified and appointed by the Sheriff as Master Deputy Sheriffs; and dispensing with the second reading by title paragraph of this ordinance. WHEREAS, Ordinance No. 36312-051203, generally referred to as the Pay Plan Ordinance, is adopted annually by City Council, and it is desirable that the provision for the Master Deputy Sheriff salary increments be added to the Pay Plan Ordinance, as recommended in the City Manager's letter dated September 15, 2003; 66 - THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36312-051203, adopted May 12, 2003, is hereby amended by the addition of a new Paragraph 15, and the renumbering of subsequent paragraphs in the ordinance, which new Paragraph 15 shall read and provide as follows: 15. Each employee of the Sheriff's Office who meets the qualifications for Master Deputy Sheriff and who has been appointed by the Sheriff shall receive a five percent increase in base annual salary. This increase is capped at no more than five percent (5%) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet the required qualifications and is removed from such appointment by the Sheriff shall have the base annual salary reduced by five percent. 2. All other provisions of Ordinance No. 36312-051203, adopted on May 12, 2003, including the renumbered paragraphs, shall remain in full force and effect. paragraph of this ordinance is hereby dispensed with. Pursuant to §12 of the Roanoke City Charter, the second reading by title ATTEST: Mary City Clerk APPROVED Mayor 67 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36479-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriations Public Safety $3,037,131.00 Local Law Enforcement Block Grant 03-05 (1 - 4) .......... 115,223.00 Revenues Public Safety 3,037,131.00 Local Law Enforcement Block Grant 03-05 (5 - 7) ................ 115,223.00 1) Overtime 2) FICA 3) Expendable Equipment <$5,000 4) Training and Development 5) Federal Grant Receipts 6) Local Match 7) Interest (035-640-3550-1003) (035-640-3550-1120) (035-640-3550-2035) (035-640-3550-2044) (035-640-3550-3550) (035-640-3550-3551) (035-640-3550-3552) $ 94,517.00 7,231.00 9,448.00 4,027.00 102,351.00 11,372.00 1,500.00 68 - Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36480.091503. A RESOLUTION authorizing the acceptance of the Local Law Enforcement Block Grant offer made by the Bureau of Justice Assistance and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Bureau of Justice Assistance of the Local Law Enforcement Block Grant in the amount of $102,351.00, such grant being more particularly described in the letter of the City Manager, dated September 15, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved by the City Attorney. 69 3. The City Manager is further directed to furnish such additional information as may be required by the Bureau of Justice Assistance in connection with the City's acceptance to this grant. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36481-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Ar~Dropriations Health and Welfare $ 5,981,149.00 Runaway/Homeless Grant (9/02 to 9~05) (1-16) ............ 253,350.00 Revenues Health and Welfare 5,981,149.00 Runaway/Homeless Grant (9~02 to 8~05) (17) .............. 253,350.00 1) Regular Employee Salaries 2) Temporary Employee Wages 3) City Retirement 4) ICMA Match 5) FICA 6) Medical Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 10) Fees for Professional Services 11) Telephone-Cellular 12) Administrative Supplies 13) Dues and Memberships 14) Training and Development 15) Local Mileage 16) Program Activities 17) Runaway/Homeless 9/02 to 8/05 (035-630-5138-1002) (035-630-5138-1004) (035-630-5138-1105) (035-630-5138-1116) (035-630-5138-1120) (035-630-5138-1125) (035-630-6138-1126) (035-630-5138-1130) (035-630-5138-1131 ) (035-630-5138-2010) (035-630-5138-2021) (035-630-5138-2030) (035-630-5138-2042) (035-630-5138-2044) (035-630-5138-2046) (035-630-5138-2066) (035-630-5138-5138) $57,024.00 5,721.00 5,249.00 1,300.00 4,900.00 5,496.00 404.00 571.00 163.00 1,125.00 1,200.00 4,850.00 700.00 6,575.00 2,340.00 29,057.00 126,675.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary Parker City Clerk Mayor 71 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36482-091503. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Outreach Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0433/02), in the amount of $126,675.00 to be used for salary and fringe benefits of counselors and related activities in the Outreach Program, and as more particularly set forth in the September 15, 2003, letter of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 72 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36483-091503. AN ORDINANCE to amend and reordain certain sections of the 2003~2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety Equipment Program Grant (1 - 2) ....................... $2,994,654.00 79,657.00 Revenues Public Safety Equipment Program Grant (3) ......................... $2,994,654.00 79,657.00 1) Expendable Equipment (<$5,000) (035-660-9644-2035) $50,000.00 2) Project Supplies (035-660-9640-3005) 29,657.00 3) State Grant Receipts (035-660-9640-3419) 79,657.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk ~th Mayor 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36484-091503. A RESOLUTION accepting a Base 2003 Office of Domestic Preparediless Equipment Program Grant made to the City bythe Virginia Department of Emergency Management for the purpose of purchasing equipment to enhance the City's ability to respond to terrorist acts involving weapons of mass destruction, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Base 2003 Office of Domestic Preparedness Equipment Grant made by the City by the Virginia Department of Emergency Management, in the amount of $79,657.00, such grant being more particularly described in the City Manager's letter dated September 15, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, all necessary documents required to accept this grant; all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Emergency Management in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 74 · IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36485-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 School Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriations Education Transportation (1 - 4) ................................ Facilities (5 - 12) .................................... Comprehensive School Reform - Taylor Learning Academy (13 - 22) .................... Governor's School 2004 (23 - 34) ...................... Instructional Support Team - Fallon Park (35) ........... Special Education Assistive Technology (36) ............ $157,754,397.00 4,449,939.00 3,165,260.00 50,000.00 1,459,500.00 14,000.00 1,981.00 Revenues Education Charges for Services (37) ............................ Comprehensive School Reform - Taylor Learning Academy (38) ....................... Governor's School 2004 (39) ......................... Instructional Support Team - Fallon Park (40) ........... Special Education Assistive Technology (4'1) ............ 153,138,360.00 2,271,378.00 50,000.00 1,459,500.00 14,000.00 '1,981.00 Fund Balance Reserved for CMERP - Schools (42) .......................... 1,204,330.00 _ 75 1) 2) 3) 4) 5) 6) 7) 8) 9) 1o) 11) 12) 13) 14) 15) 16) 17) 18) 19 20 21 22 23 24 25 26 27 28 29) 30) 31) 32) 33) Uniform Rental Compensation of Bus Drivers Social Security Vehicle Fuel Data Processing Equipment Replacement of School Buses Additions - Machinery and Equipment Site-Based Furniture Additions - Other Capital Outlay Replacement - Motor Vehicles Additions - Machinery and Equipment Replacement - Other Capital Outlay Substitute Teachers Teacher Stipends Social Security Staff Travel Evaluation Services Professional Development School Reform Model Other Charges Administrative Supplies Instructional Supplies Conference Travel Field Trips Software Conference Travel Administrative Services Temporary Clerical Support Temporary Services Service Contracts Library Materials Instructional Supplies Equipment (030-065-6003-6675-0371) (030-065-6003-6676-0171) (030-065-6003-6676-0201) (030-665-6003-6676-0609) (030-065-6006-6302-0806) (030-065-6006-6676-0808) (030-065-6006-6681~821) (030-065-6006-6681-0822) (030-065-6006-6682-0829) (030-065-6006-6684-0804) (030-065-6006-6685-0821) (030-065-6006-6896-0809) (030-063-6116-6100-0021) (030-063-6116-6100-0129) (030-063-6116-6100-0201) (030-063-6116-6100-0551) (030-063-6116-6100-0584) (030-063-6116-6100-0585) (030-0634116.6100-0586) (030-063-6116-6100-0587) (030-063-6116-6100.0601) (030-063-6116-6100-0614) (030-062-6334-6146.0554) (030-062-6334.6146-0583) (030-062-6334-6146-0614) (030-062-6334-6319-0554) (030-062-6334-6319-0601) (030-062-6334-6346-0151) (030-062-6334-6346-0321) (030-062-6334.6346-0332) (030-062-6334-6346-0613) (030-062-6334-6346-0614) (030-062-6334-6346-0821) $ 9,343.00 122,473.00 9,954.00 25,000.00 388,885.00 251,875.00 50,691.00 16,897.00 13,000.00 164,856.00 199,950.00 16,400.00 9,600.00 2,787.00 213.00 2,500.00 3,775.00 14,000.00 10,625.00 1,500.00 1,500.00 3,500.00 775.00 ( 800.00) 13,000.00 700.00 (1,500.00) 305.00 ( 495.00) 2,000.00 ( 107.00) 26,630.00 30,584.00 76 -- 34) Maintenance Supplies 35) Purchased Services 36) Equipment 37) Transportation Charges 38) Federal Grant Receipts 39) Local Match 40) Federal Grant Receipts 41) Federal Grant Receipts 42) Reserved for CMERP - Schools (030-062-6334-6681-0608) (030-062-6594-6029-0121) (030-062-6595-6129-0821) (030-060-6000-0810) (030-063-6116-1102) (030-062-6334-1101) (030-062-6594-1102) (030-062-6595-1102) (030-3324) $( 4,000.00) 14,000.00 1,981.00 166,770.00 50,000.00 67,092.00 14,000.00 1,981.00 (1,102,554.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36486-091503. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $5,000,000.00 to finance the replacement of the existing school building at Roanoke Academy for Mathematics and Science, previously approved pursuant to Resolutions No. 35439-070201 and No. 35440- 070201, adopted by the Council at its July 2, 2001, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 77 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $5,000,000.00 (the "Bonds") to finance the replacement of the existing school building at Roanoke Academy for Mathematics and Science. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on October 6, 2003, at 2:00 p.m.. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on September 15, 2003, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William D. Bestpitch M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Linda F. Wyatt Present Absent Aye Nay Abstain 78 WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 19th day of September, 2003 S/Mary F. Parker Clerk, City of Roanoke, Virginia IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36487-091503. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Kermit and Dorothy Shriver filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on such application by the City Council on September 15, 2003, after due and timely notice thereof as required by Section 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. 79 THEREFORE, BE IT ORDAINED bythe Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an alley lying between parcels bearing Official Tax Nos. 4041901,4041902, 4041903 and 4041904 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right- of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 80 - BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that approval of the application is contingent upon the Applicant paying the City $750.00 for consideration of vacation of the right- of-way. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36488-091503. AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. 81 WHEREAS, L & M Properties, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on September 18, 2003, after due and timely notice thereof as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located at 2820 Ridgefield Street, N. E., consisting of 0.1055 acre, more or less, and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3130303, be, and is hereby rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, as set forth in the Petition filed in the Office of the City Clerk on July 1, 2003, and that Sheet No. 313 of the Zone Map be changed in this respect. 82 - 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36489-091503. AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain propertywithin the City, subject to certain conditions proffered bythe applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, L & M Properties, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 2003, after due and timely notice thereof as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 83 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Three tracts of land located on Wertz Avenue, N. E. and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3130301, 3130504 and 3130312, be, and are hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on August 13, 2003, and that Sheet No. 313 of the 1976 Zone Map be changed in this respect. Mary F. Parker City Clerk 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~ Ralph K Smith Mayor 84 --- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36490-091503. AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered bythe applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, GCSWVA Co., L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 2003, after due and timely notice thereof as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: 85 The certain tract of land located at the corner of Duke of Glouchester Street, S.W., (private) and Duke of Glouchester Street, S.W., (public), containing 1.3 acres, more or less, and designated on Sheet No. 550 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5500114, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on August 6, 2003, and that Sheet No. 550 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36491-091503. AN ORDINANCE approving the Norwich Neighborhood Plan, and amending Vision 2001 . 2020, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Norwich Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on August 21, 2003, and recommended adoption of the Plan and amending Vision 2001 -2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and 86 WHEREAS, in accordance with the provisions of Section 15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, September 15, 2003, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Norwich Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36492-091503. AN ORDINANCE approving the Wasena Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan; and dispensing with the second reading of this ordinance by title. 87 WHEREAS, the Wasena Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on August 21, 2003, and recommended adoption of the Plan and amending Vision 2001 -2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of Section 15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, September 15, 2003, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Wasena Neighborhood Plat, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. Mary F. Parker City Clerk 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~/~ Ralph K. Smith Mayor 88 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36493-091503. AN ORDINANCE approving the Morningside/Kenwood/Riverdale Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Morningside/Kenwood/Riverdale Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the MorningsidelKenwood/Riverdale Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on August 21, 2003, and recommended adoption of the Plan and amending Vision 2001 -2020. the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of Section 15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, September 15, 2003, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Morningside/Kenwood/Riverdale Neighborhood Plan and amends Vision 2001-2020, the City's Comprehensive Plan, to include the Morningside/Kenwood/Riverdale Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 89 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Par~k r City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36494-091503. A RESOLUTION authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as an Enterprise Zone that will replace the City's Enterprise Zone One, which expires on December 31, 2003. WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the Governor to designate up to 5 additional areas within the Commonwealth as Enterprise Zones as of January 1,2004, thus making qualified business firms which locate or expand within such a Zone eligible for significant benefits, including credits on state taxes and local incentives; WHEREAS, the City of Roanoke has an area within the City as shown on the Enterprise Zone One A map and described in attachments to the letter of the City Manager to Council dated September 15, 2003, that is eligible for designation as an Enterprise Zone; WHEREAS, the City of Roanoke Enterprise Zone One designation expires on December 31,2003, and it is important to the City of Roanoke to continue to have an Enterprise Zone in the same general area as Enterprise Zone One; 90 -- WHEREAS, a public hearing was held on this matter on September 15, 2003, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matter; and WHEREAS, the designation of an area of the City as an Enterprise Zone has the potential to continue to stimulate significant private sector investment within the City in an area where such business and industrial growth would result in much needed revitalization. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for Enterprise Zone designation for that area shown on the Enterprise Zone One A map and described in attachments to the letter of the City Manager to Council dated September 15, 2003. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development to have that area of the City shown on the Enterprise One A map and described in the aforementioned attachments and letter of the City Manager to Council designated as an Enterprise Zone, pursuant to the provisions of the Virginia Enterprise Zone Act, as amended. 3. The City Manager is authorized to submit to the Virginia Department of Housing and Community Development all Information necessaryto make application for Enterprise Zone designation for the above mentioned area and to meet other program administrative and reporting requirements and to take such further actions and execute such additional documents as may be necessary to obtain such Enterprise Zone designation. 4. The City Manager is further authorized to meet and comply with Enterprise Zone requirements about identifying and selling all surplus public land, as defined in the Enterprise Zone regulations, throughout the life of the Enterprise Zone. 5. City Council endorses and hereby expresses its intent to adopt the local incentives set forth in the application if such above mentioned area is designated as an Enterprise Zone. 6. Council hereby certifies that it held a public hearing as required by the Enterprise Zone Program Regulations. 91 7. This resolution shall be effective on and after the date of its adoption. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36495-091503. AN ORDINANCE amending and reordaining §36.1-345, District regulations; certificate of aoDroDriateness, of Subdivision D, H-2, Neighborhood Preservation District, of Division 5, Special District Regulations, of Article III, District Re~oulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsections (a) and (c) to address the installation or replacement of siding; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-345, District rec~ulations: certificate of aDoror~riateness, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (a) and (c), to read and provide as follows: (a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, including the installation or replacement of siding, or reduction in their floor area, 92 including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction, alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. (c) The ..... : ...... ' -"" ..... replacement of porches, stairs, awnings, roofing materials, windows, or other similar modifications to an element of a building, structure, or landmark shall not require a certificate of appropriateness, provided that such installation or replacement is performed using materials which are of the same design as those on the building, structure or landmark, and provided that such installation or replacement maintains the architectural defining features of the building, structure or landmark. 2. Pursuant to the provisions of Section '12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 93 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36496-091503. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TWENTY-FIVE MILLION DOLLARS ($25,000,000) PRINCIPAL AMOUNT OF REVENUE OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF SEWER REVENUE BONDS OF THE CITY OF ROANOKE, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF CAPITAL IMPROVEMENTS TO THE SEWER SYSTEM OF THE CITY, A REVENUE-PRODUCING UNDERTAKING OF THE CITY, SUCH CAPITAL IMPROVEMENTS CONSTITUTING WASTEWATER TREATMENT FACILITIES WITHIN THE MEANING OF TITLE 62.1, CHAPTER 22, SECTION 62.1-224, OF THE CODE OF VIRGINIA, 1950; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE ISSUANCE Of SUCH BONDS TO THE VIRGINIA RESOURCES AUTHORITY ("VRA"), AS ADMINISTRATOR OF THE VIRGINIA WATER FACILITIES REVOLVING FUND, TO EVIDENCE THE BORROWING TO BE MADE BY SUCH CITY FROM VRA PURSUANT TO A FINANCING AGREEMENT BY AND BETWEEN VRA AND SUCH CITY; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF SUCH FINANCING AGREEMENT AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY THEREOF; AND APPOINTING THE DIRECTOR OF FINANCE AS REGISTRAR AND PAYING AGENT FOR SUCH BONDS WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the issuance of not to exceed Twenty-Five Million Dollars ($25,000,000) principal amount of revenue obligations of the city in the form of Sewer Revenue Bonds to provide funds to pay the cost of capital improvements to the sewer system of the City, a revenue- producing undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of Title 62.1, Chapter 22, Section 62.1-224, of the Code of Virginia, 1950; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 94 - SECTION 1. Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991, and the Charter of the City, for the purpose of providing funds to pay the cost of capital improvements to the sewer system of the City, a revenue-producing undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of title 62.1, Chapter 22, Section 62.1-224, of the Code of Virginia, 1950, there are authorized to be issued not to exceed Twenty-Five Million Dollars ($25,000,000) principal amount of revenue bonds of the City to be designated "City of Roanoke, Virginia, Sewer Revenue Bonds" (the "Bonds"). The Bonds shall bear the series designation "Series 2003B" or such other series designation as shall be determined by the City Manager or the Director of Finance. SECTION 2. The bonds shall be issued to the Virginia Resources Authority ("VRA") as administrator of the Virginia Water Facilities Revolving Fund (the "Fund"), pursuant to the terms, conditions and provisions of, and to evidence the borrowing to be made by the City from VRA under, a Commitment Letter dated August 25, 2003 (the "Commitment Letter"), from VRA to the City, a copy of which is filed with the minutes of the meeting at which this Resolution is being adopted, and a Financing Agreement (the "Financing Agreement"), by and between VRA, as administrator of the Fund, and the City, as the Borrower thereunder, such Financing Agreement to be in substantially the form presented to and filed with the minutes of the meeting of this Council at which this Resolution is being adopted. The form of the Financing Agreement and the terms, conditions and provision thereof are hereby approved by this Council, and the City Manager or the Director of Finance is hereby authorized and directed to execute and deliver to VRA a Financing Agreement in such form, together with such changes as the City Manager or the Director of Finance executing the same shall approve upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the execution and delivery thereof by the City Manager or the Director of Finance. In accordance with the terms, conditions and provisions of the Commitment Letter and the Financing Agreement, as the same may be amended from time to time, the Bonds shall have a term of not exceeding the term provided for in the Financing Agreement as executed, shall bear interest at the rate of not to exceed six per centum (6.00%) per annum and shall mature on such dates (provided that the final maturity date of the Bonds shall not be later than thirty (30) years after the dated date of the Bonds) and in such principal amounts as shall be specified in the Financing Agreement and the form of the bond attached thereto as Exhibit A. SECTION 3. The revenues of the sewer system of the City are irrevocably pledged to the punctual payment of the principal of the Bonds as the same become due and payable, and the Bonds shall be secured solely by and payable solely from such revenues. The Bonds shall be secured on a parity basis with the City's "Existing Parity Bonds" set forth at Appendix F to the Financing Agreement. 95 The City Council hereby covenants with and for the benefit of the registered owners of the Bonds that so long as any Bond shall remain outstanding the rates, rents, fees, or other charges for the services and facilities furnished by, or for the use of, or in connection with the revenue-producing undertaking of the city consisting of the sewer system of the City shall be fixed and maintained at the level that will produce sufficient revenue in each year to satisfy the rate covenants set fortl~'in the Financing Agreement, to pay the cost of operation and administration of such sewer system, the cost of insurance against loss by injury to persons or property and the principal of the Bonds when due and payable and to provide reserves for such purposes. SECTION 4. The Bonds shall be executed, for and on behalf of the City, bythe manual signatures of the Mayor and the City Treasurer of the City and shall have the corporate seal of the City impressed thereon, attested by the manual signature of the City Clerk of the City. The Bonds shall be in substantially the form set forth as Exhibit A to the definitive form of the Financing Agreement. The Director of Finance is hereby appointed as the Registrar and Paying Agent for the Bonds. SECTION 5. The City Manager, the Director of Finance, the City Treasurer, the City Attorney, the City Clerk and other appropriate officers and employees of the City shall take all actions as shall be necessary to carry out the provisions of this Resolution. SECTION 6. All resolutions in conflict herewith are, to the extent of such conflict, repealed. This Resolution shall constitute the "Local Resolution" as such term is defined in Section 1.1 of the Financing Agreement. SECTION 7. The City Clerk is hereby directed to file a copy of the Resolution, certified by such City Clerk to be a true and correct copy hereof with the Circuit Court of the City. SECTION 8. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 96 - SECTION 9. This Resolution shall take effect upon its adoption. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36497-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Water Pollution Control Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Water Pollution Control Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Aporooriations Capital Outlay $ 77,329,305.00 Contracts A,B,C - Wet Weather Improvements (1 - 2) ................................ 47,600,000.00 Revenues Non-operating Capital Contributions from Other Localities (3) ....................................... VRA Loan Proceeds (4) .............................. $ 5'1,079,027.00 24,300,000.00 23,300,000.00 97 1) Appropriated from Other Governments (003-510-8364-8999) $ 24,300,000.00 2) Appropriated from Virginia Resources Authority Loan (003-510-8364-9137) 23,300,000.00 3) Contracts A,B,C - Other Jurisdictions (003-510-8364-1503) 24,300,000.00 4) Virginia Water Facilities Revolving Loan (003-510-8364-1504) 23,300,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36498-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 General, Water, Water Pollution Control, Civic Facilities, Capital Projects and Fleet Management Funds Appropriations, and dispensing with the second reading bytitle of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003.2004 General, Water, Water Pollution Control, Civic Facilities, Capital Projects and Fleet Management Funds Appropriations be, and the same are hereby, amended as follows: 98 -- GENERAL FUND Appropriations Inmate Room and Board CMERP - Equipment Purchases COPE Team Sporting Events DMV Mini-Grant Citizen Police Academy DARE Homeland Defense Project Lifesaver Police Dog Fees for Professional Services Chemicals CMERP - Equipment Purchases CMERP - Equipment Purchases Automated Container Replacement CMERP - Equipment Purchases CMERP - Equipment Purchases Fees for Professional Services Employee Programs CMERP - Equipment Purchases Special Projects Mill Mountain Zoo Virginia Western Community College Center In The Square Roof Transfer to Civic Facilities Fund Transfer to Capital Projects Fund Transfer to Fleet Management Fund Revenues Street Maintenance Fund Balance 001-140-3310-2204 001-640-3113-9132 001-640-3114-2061 001-640-3114-2081 001-640-3114-2122 001-640-3114-2132 001-640-3114-2141 001-640-3114-2164 001-640-3114-2169 001-640-3114-2213 001-530-4120-2010 001-530 -4140 -2045 001.530-4140-9132 001-530-4160-9132 001-530-4210-2262 001-530-4310-9132 001-620-4340-9132 001-630-5315-2010 001-630-5411-2043 001.620-7111-9132 001-620-6170-2034 001-300-7220-3701 001-300-7220-3710 001-300-7220-3815 001-250-9310-9505 001-250-9310-9508 001-250-9310-9517 001-110-1234~650 $ 3,60!.00 55,615.00 5,543.00 1,157.00 2,603.00 1,100.00 1,176.00 5,855.00 5,191.00 4,900.00 179,076.00 50,000.00 18,000.00 7,000.00 13,848.00 10,000.00 109,035.00 49,338.00 3,243.00 10,600.00 56,131.00 $ 175,000.00 34,170.00 77,000.00 11,450.00 1,688,021.00 225,000.00 229,076.00 Reserved for CMERP - City 001-3323 (2,480,773.00) 99 WATER FUND Appropriations Appropriated from General Revenue Vehicular Equipment Appropriated from General Revenue Retained Earninqs Retained Earnings Available for Appropriation WATER POLLUTION CONTROL FUND Appropriations Vehicular Equipment Retained Earnings Retained Earnings Available for Appropriation CIVIC FACILITIES FUND ApPropriations CMERP - Equipment Purchases Appropriated from General Revenue CMERP - Equipment Purchases Revenues Transfer from General Fund - Victory Stadium Retained Earnings 002-510-8399-9003 002-510~178-9010 002-620-9801-9008 002-3348 003-510-3175-9010 003-3348 005-5505108-9132 005-550-8623-9003 005-550-7410-9132 005-110-1234-1274 50,000.00 225,000.00 55,900.00 (33O,900.00) 16,860.00 (16,860.00) $139,200.00 146,000.00 11,450.00 11,450.00 Retained Earnings Available for Appropriation 005-3348 (285,200.00) 100 - CAPITAL PROJECTSFUND A~oroDriations Appropriated from General Revenue CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases Appropriated from General Revenue CMERP - Equipment Purchases VDOT Match Revenues Transfer from General Fund 008.052-9560-9003 008-310-9737-9132 008-310-9799-9132 008-440-9854-9132 008-530-9767-9132 008-530-9774-9132 008-530-9793-9003 008-650.9744-9132 008.052-9575-9210 008-110-1234-1037 67,064.00 80,000.00 100,000.00 388,089.00 911,128.00 15,000.00 26,740.00 100,000.00 (93,804.00) ,688,021.00 FLEET MANAGEMENT FUND ADoroDriations CMERP - Equipment Purchases CMERP - Equipment Purchases Revenues Transfer from General Fund Retained Earnin s Retained Earnings Available for Appropriation 017-440-9855-9132 017-440-2642-9132 017-110-1234-0951 017-3348 $ 99,500.00 326,310.00 225,000.00 (200,810.00) 101 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~//~ ATTEST:~.~ ~" ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36499-091503. AN ORDINANCE authorizing the City Manager to enter into a lease and maintenance agreement with Climbing Performance Institute, Inc., for the lease, operation and maintenance of Rocwood Indoor Adventure Center, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease and maintenance agreement with Climbing Performance Institute, Inc., for the lease, operation and maintenance of Rocwood Indoor Adventure Center, commencing September 16, 2003, such lease and maintenance agreement being for an initial term of one year, with an option to renew at the option of the City Manager for four (4) additional one (1) year terms, and upon the terms and conditions as more particularly set forth in the City Manager's letter dated September 15, 2003, and the attached lease and maintenance agreement, to this Council. 102 - 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36500-091503. AN ORDINANCE authorizing the donation and conveyance of a fifteen foot overhead and underground easement, across City-owned property located on Barns Avenue, identified as Official Tax No. 6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Power Company for the purpose of providing underground electric service to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. Whereas, a public hearing was held on September 15, 2003, pursuant to Section 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. 103 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved bythe City Attorney, the necessary documents donating and conveying a fifteen foot overhead and underground easement, across City-owned property located at Barns Avert ue, identified as Official Tax No. 6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Power Company for the purpose of providing underground electric to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions, as more particularly set forth in the September 15, 2003, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36501-091503. AN ORDINANCE authorizing the donation and conveyance of a fifteen foot overhead and underground easement, across City-owned property located on Barns Avenue, identified as Official Tax No.6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Power Company for the purpose of providing underground electric service to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 104 Whereas, a public hearing was held on September 15, 2003, pursuant to Section 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a fifteen foot overhead and underground easement, across City-owned property located at Barns Avenue, identified as Official Tax No. 6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Power Company for the purpose of providing underground electric to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions, as more particularly set forth in the September 15, 2003, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36502-100603. A Resolution authorizing the issuance of not to exceed $5,000,000 General Obligation School Bonds, Series 2003.A, of the City Of Roanoke Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. WHEREAS, on April 24, 2002, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $5,000,000.00 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and/or expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; 106 WHEREAS, in connection with the 2003 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the -VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "issuance Expense Allowance"); WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on October 6, 2003, b.elow) accordance with the on t.h, issuance of .the Bon.d,,, (asdefined in . requirements of Section 15.2 2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board has, by resolution, requested the City Council to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $5,000,000.00 (the "Bonds") for the purpose of financing certain capital projects for school purposes described in Exhibit B. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 107 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 1, 2003, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; s hall b e dated t he d ate o f issuance a nd delivery o f t he Bonds; s hall b e designated "General Obligation School Bonds, Series 2003-A; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2004 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I to Exhibit A attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed five and sixty one-hundredths percent (5.60%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installmeh~s at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 108 6. Payment; Payin;; A~ent and Bond Re;listrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or t he registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the City Clerk or any Deputy City Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon ali taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 109 10. Use of Proceeds Certificate and Certificate as to Arbitra.q-' The' Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and exper~ded as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. FilinR of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 110 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 6, 2003, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting a nd that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Present Absent Aye Ralph K. Smith, Mayor X X C. Nelson Harris, Vice Mayor X X William D. Bestpitch X X M. Rupert Cutler X X Alfred T. Dowe, Jr. X X Beverly T. Fitzpatrick, Jr. X Linda F. Wyatt X X Nay Abstain WITNESS MY HAND and the Seal of the City of Roanoke, Virginia, this 6th day of October, 2003. Clerk, City of Roanoke, Virginia [SEAL][Subsidy] EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 UNITED STATES OF AMERICA) COMMONWEALTH OF VIRGINIA) 111 CITY OF ROANOKE) General Obligation School Bond Series 2003 [- A] The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2004 and annually on July 15 thereafter to and including July 15, 2023 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on January 15 and July 15 of each year, commencing on July 15, 2004 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted b y t he City Council authorizing t he issuance o f t he B 0nds provides, a nd Section 1 5.2-2624, C ode o f Virginia 1 950, a s a mended, requires, that there shall be levied and collected an annual tax upon all taxable property in 112 the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000.00 and whole multiples thereof, and; in any case, having an equal aggregate principal a. mount having m. aturities and bearing interest at rates c. orr. espondin, g to the maturities of and the interest rates on the installments of pnnc~pal of th~s Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws 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 in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. 113 IN WITNESS WHEREOF, the City Council of the City of Roanoke, Vilginia has caused this Bond to be issued in the name of the City of Roanoke Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ,2003. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: City Clerk, City of Roanoke, Virginia ASSIGNMENT ~ FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) 114 by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. EXHIBIT B The proceeds of the Bond will be used to finance the replacement of the existing school building at Roanoke Academy for Mathematics and Science (RAMS). Any Bond proceeds remaining upon completion of the replacement of RAMS will be spent on other capital projects for school purposes. APPROVED ATTEST: Mary F. Parker City Clerk ~h -- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2003. No. 36503-100603. AN ORDINANCE providing for one or more non-exclusive franchises to construct, operate, and maintain one or more cable television systems within the City of Roanoke, Virginia, and dispensing with the second reading by title paragraph of this Ordinance. WHEREAS, pursuant to applicable law, policies and procedures are established in this Ordinance whereby the City of Roanoke, Virginia ("City"), may grant certain entities, their successors and assigns, a non-exclusive franchise, or may renew or extend an existing franchise, to erect, operate and maintain poles, cables and all other electrical equipment, structures, or fixtures necessary to the construction, operation and maintenance of a Cable Television System under, 115 over, upon and across the streets, alleys, sidewalks, and rights-of-way of the City to provide Cable Service to the residents and citizens of the City, and to the persons, firms, and corporations doing business therein, and to use the property of other entities in furtherance and support of the objectives of this Ordinance and any franchise granted hereunder upon such arrangements and under such conditions as to which the entities may agree. For the purposes of this Ordinance, the term "Franchise" shall apply, unless otherwise distinguished, to an initial franchise, an extended franchise or a renewed franchise; and WHEREAS, the provisions of this Ordinance shall apply to all cable television Franchises granted, extended or renewed after the effective date of this Ordinance, and shall also apply to all Cable Television Franchisees existing as of the effective date in the event and as of the date of any extension or renewal of an existing Franchise requested by such Franchisee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: TABLE OF CONTENTS Page Section 1. Short Title .................................................. 3 Section 2. Definitions ................................................. 3 Section 3. Grant of Authority ........................................... 8 Section 4. Applications for Grant, Renewal, Transfer, or Modification of Franchises ........................................................... 9 (a) Written Application ........................................... 9 (b) Application for Grant of a Franchise other than a Cable Act Renewal Franchise .............................................. 10 (c) Application for Grant of a Renewal Franchise ..................... 12 (d) Contents of Applications ...................................... 12 (e) Application for Modification of a Franchise ....................... '15 (f) Application for Consent to Transfer of a Franchise ................ 16 Section 5. Roanoke Valley Regional Cable Television Committee ............ 17 Section 6. Rates ...................................................... 20 Section 7. PEG Access ............................................... 20 Section 8. System Operation .......................................... 20 Section 9. Indemnification and Insurance ................................. 21 Section 10. Maintenance and Service Complaint Procedures ................ 22 Section 11. Filings with City ............................................ 30 Section 12. Construction and Installation of the System .................... 31 Section 13. Emergency Alert System ..................................... 34 116 Section 14. Section 15. Section 16. Section 17. Section 18. Limits on Rights of Way. Approval Required for Franchise Transfer ........... City Right in Franchise ............................ Franchise Fee .................................. Records and Reports ............................. Section 19. Franchise Revocation ............................. Section 20. Hearing Requirements for Matters Affecting Franchises Section 21. Costs .......................................... Section 22. Open Video System Operation ...................... Section 23. Severability ..................................... Section 24. Acceptance of Franchise .......................... ......... 35 ......... 36 ........ 38 ........ 39 ........ 40 ......... 42 ........ 42 ....... 43 .......... 43 Section 25. Franchisee to Abide by Applicable Laws ....................... 44 Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions ........ 44 Section 27. Second Reading Dispensed With ............................. 45 Section 28. Effective Date ............................................. 45 Appendix A. FCC Customer Service Standards CABLE TELEVISION FRANCHISE ORDINANCE Section 1. Short Title. This Ordinance shall be known TELEVISION FRANCHISE ORDINANCE." and may be cited as the "CABLE Section 2. Definitions. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meanings given herein. Terms of art not otherwise defined herein, whether capitalized or not, shall have the meanings ascribed to them in Title VI (Cable Communications) of the Communications Act of 1934, as amended, 47 U.S.C. §§521, et seq. (hereinafter the "Cable Act"). When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "Board" shall mean the Board of Supervisors of the County of Roanoke, Virginia. 117 (b) "Cable," whether capitalized or not, shall mean the closed transmission paths by which video programming and other Cable Services are transmitted through and along a Franchisee's Cable System, and shall include coaxial cable, optical fiber and any other Iosed transmission path utilized therefor. (c) "Cable Service" shall have the same meaning as ascribed t,~ the term" cable service" in the Cable Act. (d) sometimes ascribed to "Cable Television System" (or "CATV", or "Cable System", hereinafter referred to as "System") shall have the same meaning as the term "cable system" in the Cable Act. (e) "Chief Executive" shall mean the administrator of a county, manager of a city, or manager of a town, as the context may require. (f) "City" shall mean the City of Roanoke, Virginia. (g) "Council" shall mean the City Council of the City of Roanoke or the Town Council of the Town of Vinton, as the context may require. (h) "County" shall mean the County of Roanoke, Virginia. (i) "EG" shall mean the educational and governmental access component of PEG Access as defined in Section 2(w) hereof. (j) "Elementary and Secondary Schools", whether capitalized or not, shall mean ail public institutions operated for the purposes of teaching students enrolled in the elementary (including kindergarten), middle and high school grades. (k) "FCC" shall mean the Federal Communications Commission or its successor. (i) "Franchise" shall mean the grant of authority, embodied in a franchise agreement between the City and a particular Franchisee, authorizing that Franchisee to construct, own, operate and maintain a cable system and provide cable service in the Service Area defined by that agreement. 118 (m) "Franchise Area," for the purposes of establishing any entitlement to regulate rates charged by a Franchisee pursuant to the Cable Act, or any subsequently adopted counterpart thereof or governing regulatory provision relating, thereto, shall mean an.d be deemed as being co-terminous with a Franchlsee's Service Area; prowde, d, however, that until a Fran.chisee offers Cable Service throughout such Service Area, a Frsnchisee's Franchme Area shall be such lesser portion of its Service Area to which it offers Cable Service. (n) "Franchisee" shall mean the grantee of rights under a Franchise granted pursuant to this Ordinance. (o) "Governing Body" shall mean the Board or a Council, as the context may require. (p) "Gross Revenues" shall mean all revenues derived from the operation of a Franchisee's System to provide Cable Service within its Service Area. This definition shall be construed as broadly as permitted by the Cable Act or any other applicable law. By way of example and not limitation, and unless otherwise defined i n a Franchise, "Gross Revenues" s hall include charges for basic service, cable programming services, per-channel or per-event services, other charges for video programming, installation and reconnection fees, leased channel fees, converter rental fees, advertising and home shopping revenues, late fees, and revenues for carriage of programming on the System, to the extent such items are considered "revenue" under generally accepted accounting principles ("GAAP"). "Gross Revenues" shall not include (1) any tax or fee imposed on cable Subscribers (but not on Franchisee) by the City or any governmental authority and collected by the Franchisee on behalf of such governmental entity (provided, however, that the fee imposed by Section 17 of this Ordinance shall not be construed to be such a tax or fee); (2) the revenues of any parent or affiliate of Franchisee to the extent, a nd only to the extent, the revenues of such parent or affiliate are costs of the Franchisee and recovered by Franchisee through charges to Subscribers that are included in Gross Revenues on which franchise fees are paid; and (3) actual bad debt, refunds or credits, provided any such bad debt subsequently collected shall be considered "Gross Revenues" in the period collected. In the event any revenues derived by Franchisee or its parent or affiliates relate to the System in conjunction with other cable systems outside t he Service Area owned o r operated b y Franchisee, i ts parent or its affiliate, then such revenues shall be fairly pro-rated among the various systems, and the portion of such revenues attributable to the Franchisee's System in the City based on such a pro-ration shall be considered "Gross Revenues". 119 (q) "Higher Education Center" or "Roanoke Higher Education Center" shall mean the Higher Education Center providing extension services and located in the City. ~r) "Home" shall mean any single family dwelling unit, whether a house, apartment, trailer or mobile home, rented room or otherwise. (s) "Local Government" shall mean, as the context may require, the City, the County, or the Town, or all of them collectively. (t) "Local Government Occupied Buildings" shall mean those buildings owned in whole or in part by the County, the City, or the Town, as the context may require, or occupied in whole or in part by Local Government officials or other persons in furtherance of Local Government objectives, and shall include, without limiting the generality of the foregoing, all volunteer and paid fire and/or rescue companies located within the County, City or Town. (u) "Non-Subscriber Services" shall mean services provided to persons other than a Subscriber or User of the services provided by or carried on a Franchisee's Cable System. (v) "Person" s hall mean a ny individual, firm, partnership, association, corporation, company, trust, or entity of any kind, but shall not include the County, the City, or the Town. (w) "PEG Access" shall mean public, educational and/or governmental use as provided in the Cable Act (47 U.S.C. §531). (x) "PEG Access Channels" shall refer to the channel capacity on a System devoted to PEG Access. (y) "Public Schools", whether capitalized or not, shall mean all buildings operated by the School Board or School Division of the County, City or Town for the purposes of teaching and learning. (z) "Residential Subscriber" shall mean a purchaser in good standing of any service that the Franchisee delivers to any Home, provided that service is not utilized in connection with a business, trade, or profession. 120 (aa) "Roanoke Valley Regional Cable Television Committee" (or "CATV Committee" or "Committee") shall mean the committee comprised of individuals from the County, the City and the Town, having responsibilities as set forth in this Ordinance concerning any cable television system which provides service within or to any portion of all of the aforesaid three jurisdictions. (bb) "Senior Citizen" shall mean any Residential Subscriber who is sixty- five (65) years of age or older. (cc) "Service Area" shall mean the geographical area in the County, City or Town, as the context may require, in which a Franchisee is authorized by a Franchise to construct its System and to provide Cable Service. (dd) "Signals" shall mean and refer to all frequencies, and the modulating intelligence (including digital modulation) imposed or carried thereon, provided by or permitted to be inserted by a Franchisee on the Cable System operated by such Franchisee. (ee) "Streets" shall mean all public streets, roads, avenues, highways, boulevards, concourses, driveways, b ridges, tunnels, parkways, a Ileys, a nd a II other public rights-of-way within or belonging to the County, City or Town, as the context may require. (fi) "Subscriber" or "User" shall mean any person or entity lawfully receiving any service provided by or carried on a Franchisee's Cable System. (gg) "Town" shall mean the Town of Vinton, Virginia. (hh) "VDOT" shall mean the Virginia Department of Transportation. Section 3. Grant of Authority. (a) The City shall have the authority, subject to compliance with the relevant provisions of §15.2-2108 of the Code of Virginia and the Cable Act, to grant to s. uch. applicant, who shall thereafter be a Franchisee hereunder, a nonexclus~ve ;nitial, extended or renewed Franchise upon such terms as the City and such applicant may agree. The Franchise shall authorize such Franchisee, within its Service Area, to construct, erect, operate and maintain, in, u.pon, along, across, above, over and under the Streets of the City, poles, w~res, cable, und. erground conduits, manholes, and such other conductors and fixtures for the ma,ntenance and operation of a Cable Television System to provide Cable Service, subject to such applicant's agreement and bligation to provide Cable 121 Service within the Franchisee's Service Area and to otherwise comply with all provisions of this Ordinance and the terms of any agreement relating to the initial grant, extension or renewal of the Franchise. Any Franchise granted hereunder shall authorize the Franchisee to use the Streets to construct, erect, operate, and maintain a Cable System to provide Cable Service and for no other purpose. (b) No Franchisee shall, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in any Franchise granted hereunder shall be deemed to prohibit the establishment of a graduated scale of charges (i) to "Senior Citizen" Subscribers, (ii) for multiple installations at the same Home or building, or (iii) to prohibit Franchisee's provision of free or discounted service to its own employees or to governmental or school facilities. (c) Any Franchise granted hereunder as an initial authorization and any renewal or extension thereof shall be governed by the provisions of the Cable Act, any amendments or superseding legislation and other applicable law, and shall be for a term as defined in the franchise agreement between the City and the Franchisee, such term not to exceed fifteen (15) years. (d) No person shall construct, install, maintain or operate a Cable System within, along, over or under any Street or otherwise use the City's Streets to provide Cable Service unless pursuant to (i) a Franchise existing as of the date of adoption of this Ordinance, or (ii) a Franchise granted by the City pursuant to the provisions of this Ordinance. Section 4. Applications for Grant, Renewal, Transfer, or Modification of Franchises. (a) Written Application. (1) A written application shall be filed with the City for (a) grant of an initial Franchise; (b) renewal of a Franchise; (c) modification of a franchise agreement pursuant to this Ordinance or the Cable Act; and (d) consent to a transfer of a Franchise. An applicant shall demonstrate in its application compliance with all requirements of this Ordinance and all applicable laws. 122 (2) To be acceptable for filing, a signed original of the application shall be submitted together with five (5) copies. The application must be accompanied by any required application filing fee, conform to any applicable request for proposals or invitation for bid, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. (3) An applicant for an initial or a renewal Franchise or transfer of a Franchise hereunder shall include in its application all information requested by the City or its designated representative, subject to the provisions of governing law or regulations, as the City deems reasonably appropriate to allow it to evaluate such applicant's application. (4) All applications accepted for filing shall be made available b y the City for public inspection. (b) Application for Grant of a Franchise other than a Cable Act Renewal Franchise. (1) An application for the grant of a new Franchise may be filed pursuant to a request for proposals ("RFP") or invitation for bid ("IFB") issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited application, may issue an RFP or IFB. If the City elects to issue an RFP or IFB upon receipt of an unsolicited application, the applicant may submit an amended application in response to the RFP or IFB, or may inform the City that its unsolicited .a. pplicati.o.n should be considered in response to the RFP or IFB, or may w,thdraw ,ts unso. licited application. An application .which does not conform to the requ,rements of an RFP or IFB may be considered non-responsive and denied on that basis. The applicant shall respond within the time directed by the City, providing the information and material set forth in subsection 4(d). The procedures, instructions, and requirements set forth in the RFP or IFB shall be followed by each applicant as if set forth and required herein. The City or its designee may seek additional information from any applicant and establish deadlines for the submission of such information. (2) In evaluating an application for a Franchise, the City may consider, among other things, the following factors: (A) The extent to which the applicant has substantially complied with applicable law and the material terms of any existing cable Franchise in the City, County or Town. 123 (B) Whether the quality of the applicant's service under any existing Franchise in the City, County, or Town including signal quality, responsiveness to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served. (C) Whether the applicant has the financial, technical, and legal qualifications to build, operate and maintain the System and provide the Cable Service it proposes. (D) Whether the application satisfies any minimum requirements established by the City and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests. (E) Whether the applicant proposes to provide adequate PEG Access channel capacity, facilities, or financial support. (F) Whether issuance of a Franchise is warranted in the public interest considering the immediate and future effect on the Streets and private and public property that would be used by the Cable System, including the extent to which installation or maintenance as planned would require replacement of Streets or property or involve disruption of property, public services, or use of the Streets and the comparative superiority or inferiority of competing applications. (G) Whether the applicant or an affiliate of the applicant owns or controls any other Cable System in the City, or whether the granting of the application may eliminate or reduce competition in the delivery of Cable Service in the City. (3) If the City finds that it is in the public interest to issue a Franchise considering the factors set forth above, and subject to the applicant's entry into an appropriate franchise agreement with City, it shall grant a Franchise to the applicant. If the City denies a Franchise, it will issue a written decision explaining why the Franchise was denied. Prior to deciding whether or not to issue a Franchise, the City m ay hold one or more public hearings or implement other procedures under which comments from the public on an application may be 124 received. The City also may grant or deny a request for a Franchise based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP or IFB. The City also reserves the right to reject all responses to an RFP or iFB. This Ordinance is not intended and shall not be interpreted to grant any applicant or existing Franchisee standing to challenge the issuance of a franchise to another. (c) Application for Grant of a Renewal Franchise. The Cable Act (47 U.S.C. 4546) shall apply to applications for renewal of an existing Franchise. if neither a Franchisee nor the City initiates the renewal process of the Cable Act in a timely manner, or is unable to initiate the renewal proces, s set forth in 47 U.S.C. § 546(a)-(g) (including, for example, if the provisions are repealed), and except as to applications submitted pursuant to 47 U.S.C. § 546(h), the provisions of subsection (b) of this Section shall apply, and a renewal request shall be evaluated using the same criteria as any other request for a Franchise. (d) Contents of Applications. Unless otherwise specified by the City, an RFP or IFB for the grant of a Franchise, including for a renewal franchise under 47 U.S.C. § 546(c), shall require, and any application submitted (other than an application submitted pursuant to 47 U.S.C. § 546(h)) shall contain, at a minimum, the following information: (1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five (5) percent or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person. (2) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, Including identification of key personnel. (3) A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria: 125 (A) That the applicant has not submitted an application for an initial or renewal Franchise to the City, which was denied, or as to which any challenges to such franchising decision were finally resolved adversely to the applicant, within three (3) years preceding the submission of the application. (B) That the applicant has not had any cable television franchise validly revoked by any franchising authority within three (3) years preceding the submission of the application. (C) That the applicant has the necessary authority under Virginia law to operate a cable system. (D) That the applicant holds or is qualified to obtain, any necessary federal licenses or waivers required to operate the System proposed in the application, and that the applicant is otherwise qualified to own and operate the System under federal law. (E) That the applicant, or any of its officers, directors, partners, or shareholders holding greater than a ten (10) percent interest have not, during the ten (10) years preceding the submission of the application, been convicted of any act or omission of such character that the applicant cannot reasonably be relied upon to deal truthfully with the City or Subscribers or to substantially comply with obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct. (F) That the applicant certifies that the information contained on its application is truthful and complete. (G) That no elected official of the City holds a controlling interest in the applicant or in any affiliate of the applicant. (4) Notwithstanding the foregoing, the City shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a FranChise under subsection (d)(3)(b) or (e) above by virtue of the particular circumstances surrounding the matter in question, and to demonstrate the steps taken by the applicant to cure the harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable television systems. 126 (5) A statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction and operation of the Cable System proposed in the application. (6) A description of the applicant's prior experience in owning or operating Cable Systems, and the identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or franchise or any material interest therein; provided, however, that an applicant that holds an existing Franchise with the City and is seeking renewal of that Franchise need not provide such information. (7) Identification of the area of the City to be served by the proposed Cable System, including a description of the proposed Service Area's boundaries. (8) A description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend location, and PEG Access facilities. (9) Where applicable, a description of the construction of the proposed System, including a n estimate o f plant mileage a nd i ts Iocation; t he proposed construction schedule; and general information on the availability of space in existing conduits and poles to accommodate the proposed System. (10) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the City, and how the applicant will provide adequate PEG Access channel capacity, facilities, or financial support to meet the community's needs and interests, and how such capacity, facilities, and financial support will be funded. (11) Any other information as may be lawful and reasonably necessary to demonstrate an applicant's ability to comply with the requirements of this Ordinance. (12) Information that the City may lawfully request of the applicant that is relevant to the City's consideration of the application. 127 (13) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments to the extent they are incorporated into a Franchise, and certifying that the applicant meets all federal and state law requirements to construct, erect, operate, and maintain a Cable System. (e) Application for Modification of a Franchise. An application for modification of a Franchise shall include, at minimum, the following information: (1) The specific modification of the Franchise requested; (2) The justification for the requested modification, including the impact, if any, of the requested modification on Subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, among other things, submission of financial pro formas; (3) A statement whether the modification is sought pursuant to the Cable Act, (47 U.S.C. § 545), and, if so, a demonstration that the requested modification meets the standards set forth in the Act; (4) Any other information that the applicant believes is necessary for the City to make an informed determination on the application for modification; and (5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application. (f) Application for Consent to Transfer of a Franchise. (1) An application for the City's consent to the transfer of a Franchise or the transfer of control of a Franchisee shall include, at a minimum, the following information: (A) A completed FCC Form 394, or any successor form; and (B) With respect to the proposed transferee, the information set forth in the following subsections of Section 4(d) of this section, "Contents of Applications": (1), (2), (3), (6), (11), (12), and (13), and where any changes in such information are contemplated, the information set forth in subsections 4(d) (7), (8), (9), and (10). 128 (2) In determining whether a transfer application should be granted, denied, or granted subject to conditions, the City may consider the legal, financial, and technical qualifications of the transferee to operate the Cable System; any potential impact of the transfer on Subscriber rates or services; whether the incumbent Franchisee is in substantial compliance with its Franchise and, if not, whether the incumbent or the transferee furnishes adequate cure or assurance of cure; whether the transferee owns or controls any other Cable System in the City; and whether transfer of the System or control of the Franchisee to the transferee or approval of the transfer would otherwise adversely affect Subscribers, the public, or the City's interests under this Ordinance, the Franchise, or other applicable law. No transfer application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous Franchisee for all purposes. Section 5. Roanoke Valley Re.glional Cable Television Committee. As of the date of adoption of this Ordinance, the County, the City and the Town have, pursuant to ordinances duly adopted by each of them, jointly established a committee known as the Roanoke Valley Regional Cable Television Committee (the "CATV Committee"). By adoption of this Ordinance, the City does hereby affirm its continued participation in and support of the CATV Committee, which shall comprise eleven (11) members and have the duties and responsibilities as set forth below: (a) Members. One member shall be provided from each of the Governing Bodies of the County, the City and the Town; three members shall be the Chief Executives (or their designees) from each of the County, the City and the Town; one member shall be appointed by each of the Roanoke County and Roanoke City School Boards; and one member-at-large shall be appointed by each of the Governing Bodies of the County, the City and the Town. (b) Chairperson. The CATV Committee shall select a chairperson from its membership, who shall serve for a period of one year or such other term as the CATV Committee may deem appropriate. 129 (c) Terms of Office. The terms of office of the three at-large members shall be for three years each, provided that such terms shall be staggered, with a continuation of the staggered sequence established by the CATV Committee prior to the adoption of this Ordinance; members from the Governing Bodies of each of the jurisdictions and those appointed by their respective School Boards shall serve for such terms as are determined by their respective appointing authorities. (d) Meetings. Meetings of the CATV Committee shall be held not less than once per year, and at such more frequent times as the Chairperson or the Committee shall determine; a quorum shall consist of five members. The Committee may adopt such procedures and bylaws as it deems necessary fc~ the proper exercise of its responsibilities. (e) Scope. The CATV Committee shall fulfill its responsibilities with respect to any Franchisee or applicant for a Franchise a s to which the Cable Service provided or proposed shall extend within or to any portion of all of the three jurisdictions addressed herein. (f) Franchisee Attendance. The General Manager (or his or her designee) of each Franchisee within the scope of the CATV Committee's responsibilities shall be afforded the opportunity to attend each meeting of the CATV Committee, with at least ten (10) days advance notice to be provided whenever reasonably possible, except when the CATV Committee holds a closed meeting. (g) Powers and Duties. The CATV Committee shall: (i) Advise the affected Governing Bodies concerning any applications for Franchises. (ii) Provide for the development, administration, and operation of EG access facilities and programming for the City, County and Town as provided for in this Ordinance and any franchise agreements. The administration of all such EG activities shall be undertaken by the Committee. (iii) Monitor each Franchisee's compliance with the provisions of this Ordinance and any Franchise granted hereunder, and advise affected Governing Bodies of matters that may constitute grounds for a monetary forfeiture or Franchise revocation. 130 (iv) Advise the affected Governing Bodies concerning the regulations of Cable rates. (v) Receive, record and consider Subscriber complaints that have not been resolved by a Franchisee; attempt to resolve and respond to all such complaints, maintaining a record of all resolutions; and report annually to each Governing Body the results of its actions with respect to such complaints. (vi) Review any proposed transfer of a Franchise and recommend whether such transfer should be approved. (vii) Coordinate review of each Franchisee's records as may be required by this Ordinance. (viii) Encourage the use of such EG access channels and facilities as are required under this Ordinance or any Franchise by the widest range of institutions, groups a nd individuals within t he Service Areas o f t he r espective Franchisees, consistent with applicable law. (ix) Review budgets prepared by departments within affected jurisdictions for EG channel usage, and coordinate the expenditure of any capital grant funds provided by any Franchisee to maximize the potential and provide for the full development of EG channel usage. (x) Advise the Governing Bodies of the jurisdictions addressed herein as to proposed rules and procedures under which a Franchisee may use unused EG channel capacity for the provision of other services, and under which such Franchisee use shall cease. (xi) Coordinate programming and activities on EG channels, develop appropriate policies and procedures therefor, and assist in preparation and review of budgets for all cablecasting activities on EG channels. (xii) Maintain records in accordance with statutory requirements. Section 6. Rates. The City specifically retains all rights to regulate rates for Cable Service charged by any Franchisee, subject to the provisions of relevant federal and state laws and the rules and regulations of administrative agencies with authority. 133 Section 10. Maintenance and Service Complaint Procedures. (a) System Maintenance. Throughout the term of its Franchise, every Franchisee shall maintain all parts of its Cable System in good working condition. (b) FCC Standards. Each Franchisee shall, at minimum, comply with the customer service standards established by the FCC at 47 C.F.R. §76.309(c), or any subsequently adopted amendments thereto. These rules are hereby adopted as if incorporated herein (see Appendix A). No Franchisee shall adopt standards less stringent than those imposed by the FCC, and nothing herein shall prevent a Franchisee, or the City, from adopting standards that ars m ore stringent than those imposed by the FCC. The City may, at its sole discretion, and upon ninety (90) days written notice to a Franchisee, inform a Franchisee of its intent to enforce, and may enforce against such Franchisee, the additional customer service standards contained in subsections (b)(1) through (9) below, or any other customer service standard deemed reasonably necessary by the City at its sole discretion. (1) Installation Time. Within all arsas served by the System, and meeting the density requirements of Section 12(c), service to all requesting potential Subscribers requiring an aerial installation shall be provided within five (5) business days after receipt of the request for service, and service to requesting potential Subscribers requiring an underground installation shall be provided within ten (10) business days after such request, unless Franchisee is prevented by reasons beyond its control or later installation is requested by the Subscriber. (2) Repair Procedure. Franchisee shall have a local listed telephone number for receipt of requests for repairs at any time, twenty four (24) hours per day, seven (7) days per week. Franchisee responses to such requests shall occur within twenty four (24) hours after Franchisee's receipt of such a request, oral or written, excluding Sundays and holidays. Verification of the problem and Franchisee's best efforts to resolve the problem shall occur within forty eight. (48) hours. In any event, resolution should occur within five (5) business days. Those matters r equiring additional maintenance, repair, o r technical adjustments t hat require more than five (5) business days to complete shall be reported in writing to the Subscriber and, if requested, to the City. The City may require reasonable documentation to be provided by Franchisee to substantiate a request for additional time to resolve any such complaint. 134 -' (3) Re_.~.gonsiveness. Franchisee shall respond seven (7) days a week within two hours to any outage affecting five (5) or more subscribers due to the same event or occurrence ("Area Outage") which occurs between the hours of 7:00 a.m. and 9:00 p.m., and by not later than 11:00 am the following day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m., the following day. Such response shall mean actual commencement of trouble shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably possible under the circumstances. (4) Mean time between failures. The average time between Area Outages shall not exceed twenty four (24) hours in any twelve (12) month period. it shall be computed by dividing the operating time by the number of Area Outages. (5) Mean time to~ The average time to complete repair to System outages shall not exceed two (2) hours in any twelve (12) month period. It shall be computed by dividing the total time for repairs by the number of repair orders. (6) Subscriber Down Time. Annual subscriber down time shall not exceed an average of four (4) hours per Subscriber. (7) Mean Time to Install. Mean time to install shall be eight (8) business days for underground installations and four (4) business days for aerial installations. (8) Service Call (Repairs). Seventy percent (70%) of all repair requests shall be acted upon within twenty four (24) hours; ninety percent (90%) within ninety six (96) hours. All requests shall be resolved within five (5) business days unless good and sufficient cause exists. Any service call not resolved within five (5) business days shall be reported in writing to the CATV Committee by Franchisee within two (2) business days thereafter. (9) Telephone Waitin;I Time. During normal business hours, ninety percent (90%) of all telephone calls shall be picked up on or before the fourth ring and no caller shall be allowed to wait for more than ten (10) rings. Waiting time shall not exceed an average of thirty (30) seconds total for any caller, and no caller shall be transferred except for specialized services. 135 "(c) Complaint Policy and Records. (1) Complaint Policy. Franchisee shall promulgate written policy statements and procedures for reporting and resolving Subscriber complaints. Franchisee shall furnish a copy of the policy to each new Subscriber upon installation and thereafter to all Subscribers at least annually, and to the City and ail Subscribers at such time as there is any change in such policy. (2) Complaint Records. Franchisee shall maintain records showing the date of receipt of all written complaints received (including those received via electronic mail) and identifying the Subscriber, the nature of the complaint, and the date action was taken by Franchisee in response thereto, together with a description of such action. Such records shall be kept available at Franchi~ee's local office for at least two (2) years from date of receipt, for inspection by the City as it may at any time and from time to time reasonably request, during business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by category, shall be provided to the City and the CATV Committee or its designee upon request. Complaints that remain unresolved for a period of ten (10) working days or more shall be reduced to writing by the Franchisee and submitted to the City or its designee for appropriate action. (3) Complaint Notice. Franchisee shall provide written notice detailing all actions taken to resolve complaints submitted to the City within five (5) business days from written or telephone notification by the City of the complaint. Franchisee shall provide service-call and outage reports to the City or the CATV Committee upon request. (d) Free Basic Service. Franchisee shall provide basic tier service and the most widely subscribed-to tier of cable programming service without charge to each Local Government Occupied Building, fire station, police station, any other City-owned or City-occupied buildings (excluding housing units and buildings owned by the City but not used for governmental or educational purposes), the Roanoke Higher Education Center, all Elementary and Secondary Schools, public library, state-accredited private schools with at least fifty (50) students, and public, private or community college academic buildings within its Service Area, as requested by City. One standard drop into such building and into a room or office designated by the recipient, one converter (if needed) per building, and continued delivery of the required service throughout the term of 136 " the Franchise shall constitute compliance. Any attached identified structures shall be treated as separate buildings. This subsection shall apply to any building meeting the classifications listed, regardless whether such building existed as of the effective date of this Ordinance or was constructed or occupied after the effective date hereof. The Service recipient shall be responsible for securing Franchisee's right of access to the building(s) at no cost to the Franchisee. (e) Emergency Communications. At least one person in responsible charge of Franchisee's operations in the Service Area shall be available by local telephone during such hours as Franchisee's business office is closed, and the telephone number of such person shall be supplied in advance to the City's chief executive official, the presiding officer of Council, the City's Police and Fire Departments, and the Emergency 911 Center. (f) Subscriber Antennas. Notwithstanding any disconnection of Subscribers' existing antennas and downleads to receivers connected to the Cable System, the Cable System shall be designed so that physical removal of antennas and downleads will not be required to receive Service, and so that the Subscriber may utilize such antennas at any time in place of the Cable System service. (g) Parental Guidance Control. Consistent with the Cable Act (47 U.S.C. §544(d)(2)(A)), Franchisee shall make available to any Subscriber so requesting, at reasonable cost, a "parental guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and video reception of any or all of the premium service channels. Franchisee shall notify all Subscribers of the availability of such parental-control devices. (h) Call Recording Service for Current Known Outages. Franchisee shall provide a telephone number which provides a recorded message or access to an employee or agent of Franchisee, on a twenty four (24) hour basis. The recorded message shall describe current known System deficiencies and outages and thereafter accept recorded messages from Subscribers, who may leave their names; request service; report outages; and request credit for down time. 137 (i) Preventative Maintenance. Franchisee shall establish and adhere to a preventive maintenance policy directed toward maximizing the reliability and maintainability of the Cable System with respect to its delivery of Cable Service to Subscribers at or above the technical standards established by the FCC. When it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments, installations or other maintenance activities, Franchisee shall do so at such times as will cause the least inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the next morning. (j) Repair Capability. Franchisee shall maintain sufficient qualified technicians, service vehicles, and test and repair equipment to provide repair service within the parameters set forth below. (k) Notice. Except in an emergency, or when System maintenance or repair occurs between the hours of 11:30 p.m. and 6:30 a.m., Franchisee shall give Subscribers at least twenty-four (24) hours' notice of any interruption of Cable Service for purposes of maintenance or repair. In an emergency, Franchisee shall give such notice as is reasonable in the circumstances. Notice given on the Alphanumeric Channels shall be considered sufficient. When Subscriber channels will be interrupted, normal scheduled service and repair shall be performed between the hours of 11:30 p.m. and 6:30 a.m. the next morning. (I) Refund for Outage. For any continuous service interruption or loss of service in excess of twenty-four (24) hours, Franchisee shall make a pro-rated refund of such Subscriber's regular monthly charge for the service to each Subscriber so affected, upon request of such Subscriber. The twenty-four (24) hour period shall commence when Franchisee learns of such outage whether through Subscriber notification or notification by Franchisee's maintenance personnel. Such refunds shall be prorated by multiplying the applicable monthly service r ate b y a fraction whose numerator equals t he n umber o f days o f t he outage and whose denominator equals the number of days in the month of the outage. For purposes of this paragraph, an outage shall be defined as a Subscriber's receipt of less than two thirds (2/3) of the authorized basic service and most widely subscribed to tier of cable programming service channels, or loss of any premium channel loss. Franchisee shall not be required to grant a refund in the event that an outage is caused by any Subscriber. 138 (m) ~ractices. Franchisee shall maintain written billing practices and policies and shall furnish a copy thereof to the City, the CATV Committee, and all Subscribers, and to each new Subscriber. The City and all Subscribers shalJ be notified in writing thirty (30) days in advance of any changes. Franchisee shall comply with all relevant state and federal laws and regulations with respect to its billing practices. (n) Pro-rated Service. In the event a Subscriber's service is terminated for any reason, monthly charges for service shall be pro-rated on a daily basis. Where advance payment has been made by a Subscriber, the appropriate refund shall be made by Franchisee to the Subscriber within thirty (30) days of such termination, unless the amount is less than $5.00, which amount shall be refunded only upon the Subscriber's request. (o) Disconnection for Non-Payment. Franchisee shall have the right to disconnect a Subscriber for failure to pay an overdue account provided that: (1) Franchisee's billing practices and policy statements have set forth in writing the conditions under which an account will be considered overdue; and (2) Franchisee provides written notice of its intent to disconnect at least fifteen (15) days prior to the proposed disconnection; and (3) The Subscriber's account is at least thirty (30) days delinquent computed from the first day of service for which payment has not been made. (p) Installation of Equipment. Unless otherwise provided by law, Franchisee shall not install its System on private property without first securing written permission of the owner or tenant in possession of such property or the written permission of the holder of any easement for utility lines or similar purposes, and in accordance with law. Upon request, Franchisee shall inform owners and tenants of the functions of all equipment installed on private property. .~ (q) Monitoring and Privacy. Unless otherwise provided by law, neither Franchisee nor any of its officers, employees, agents or contractors shall, without prior written consent of all affected parties, tap, monitor or arrange for the tapping or monitoring of any drop, outlet or receiver for any purpose whatsoever 139 other than legitimate technical performance testing of the Cable System or the monitoring of subscriber cable service, or where such tapping or monitoring is required by law. Franchisee shall comply with relevant federal and state statutes regarding the monitoring of Service and providing Subscriber information to government entities. Franchisee shall at all times comply with the Cable Act (47 U.S.C. §551) with regard to the protection of Subscriber privacy. (r) Subscriber Lists or Information. Unless otherwise provided by law, Franchisee shall not sell, disclose, or otherwise make available, or permit the use of, lists of the names or addresses of its Subscribers, or any list or other information which identifies individual Subscriber viewing habits, to any person or entity for any purpose whatsoever without the consent of such Subscriber, all in accordance with and subject to the provisions of the Cable Act and applicable law. This provision shall not prevent Franchisee from performing such acts as may be necessary for the purpose of service related activities, including surveys. Section 11. Filin.qs with City. (a) in addition to other filings that may be set forth herein, every Franchisee shall maintain, and file with the City Manager upon request, true and accurate strand maps (in either electronic or, if the Franchisee and City otherwise agree, in hard copy) of all existing and proposed installations in the Streets. The City hereby reserves the right to reject any proposed installation that does not conform to its ordinances, regulations or practices concerning construction in the Streets. The City may order and direct the Franchisee, at Franchisee's sole cost, to move the location or alter the construction of any existing installation to facilitate or accommodate the installation, alteration, repair or changing of the grade or location of a street, or the construction, alteration, repair or installation of any other public works or the construction of public improvements in, on, or under the Streets. Every Franchisee shall also maintain and, upon request, make available at its local office, for review and copying by the City, true and accurate as built maps of all existing installations. (b) Every Franchisee shall file annually with the City Manager a statement setting forth the names and addresses of all its directors and off;cers and the position that each holds, which statement may consist of the Franchisee's annual report. (c) Upon request, a Franchisee shall file with the City Manager copies of rules, regulations, terms and conditions adopted by the Franchisee for the conduct of its business. 140 - Section 12. Construction and Installation of the System. (a) The City shall have the right to inspect all construction or installation work performed by a Franchisee within the Service Area, and to make such inspections as the City deems necessary to ensure compliance with the terms of this Ordinance, other pertinent provisions of law and any Franchise granted hereunder. No poles, underground conduits, or other wire or cable-holding structures shall be erected by a Franchisee without prior approval of the City or its duly authorized personnel, or, unless such consent is not required by applicable law, by abutting property owners where the City does not own, or hold some other right of way property interests in, the area in which such structures are to be erected. To the extent possible, a Franchisee shall use existing poles and underground conduits throughout the City. Any poles, underground conduits or other fixtures that a Franchisee is authorized by the City to install must be placed in a manner so that they do not interfere with or obstruct the usual travel on the public Streets or interfere with any existing utility services. At the time any trench is opened for installation or maintenance of conduit or underground cable, a Franchisee shall give the City at least ten (10) days advance written notice of such work and inform the City of the incremental cost of installing one additional conduit for the exclusive use of the City of such dimension as specified by the City, and unless the City otherwise directs Franchisee in writing, Franchisee shall Install such conduit at a charge no greater than the actual incremental cost of labor and materials for such additional conduit. All construction activities of a Franchisee shall be conducted in a workmanlike manner t hat w ill cause minimum interference with t he rights a nd reasonable convenience of the public's and other utilities' use of the Streets and of the property owners directly affected thereby. Every Franchisee shall maintain all structures, cable and related Cable System equipment that are located in, over, under, and upon the Streets in a safe, suitable, substantial condition and in good order and repair at ail times. (b) All construction, installation and repair by a Franchisee shall be effectuated i n a manner t hat i s c onsistant with t he F CC's rules, relevant Iocal building codes, zoning ordinances and laws, all City and other governmental laws, codes or ordinances relating to public works or the Streets, and other regulatory requirements, the National Electrical Safety Code, and other standards of general applicability to Cable Systems. No Franchisee shall commence any construction without obtaining ali local zoning and other approvals, permits and other licenses generally applicable to other entities performing such construction, and paying all costs and fees normally imposed or charged therefor. 141 (c) A Franchisee shall be required to extend energized trunk cable and make Cable Service available to any and all portions of the City within the limits of its defined Service Area with a density of at least twenty (20) Homes per linear mile for aerial installations and thirty (30) Homes per linear mile for underground installations. F or purposes o f calculating t his density requirement, a II Homes within one hundred fifty (150) feet of any Street or other right-of-way suitable for cable trunk installation shall be counted in density determinations, and shall be considered as satisfying the 20 or 30 Homes. per-mile density requirement, as appropriate. In the event that the owner of any Home or other structure within a Franchisee's Service Area not meeting the density requirement is willing to agree in writing to pay the excess cost of extending Cable Service to that location, then a Franchisee so requested by such owner shall provide Cable Service to such Home o r other structure, provided t hat such owner's payment obligation s hall only apply to the actual costs incurred, without markup, in extending cable more than 150 feet from any trunk line. (d) In case of any disturbance of pavement, sidewalk, driveway or other surface, a Franchisee shall, at its sole cost and expense and in a manner approved by the City or as required by any applicable City policy or standards generally applicable to similar construction in the Streets, replace and restore all paving, sidewalk, driveway or surface disturbed in as good condition as before such work was commenced. (e) In the event that at any time during the period of a Franchise, the City or VDOT shall elect to alter or change the grade, width, or other characteristic of any Street, alley or other public way, the affected Franchisee, upon reasonable notice by the City or VDOT, at Franchisee's sole cost, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other fixtures or equipment as directed by the City or VDOT. (f) No Franchisee shall place any poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, main, or sewer, and all such poles or other fixtures placed in any Street shall be placed in accordance with the City's requirements or as established by any applicable City policy or standards. (g) A Franchisee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires or Cable to permit the moving of buildings. The expense of such temporary removal, raising 142 or lowering of wires or cable shall be paid by the person requesting the same, and the Franchisee shall have the authority to require such payment in advance. The Franchisee shall be given not less than seven (7) days advance notice to arrange for such temporary wire or cable changes. (h) Every Franchisee shall have the authority to trim trees upon and overhanging Streets, alleys, sidewalks and public rights-of-way of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Franchisee, provided that all trimming shall be done in accordance with the ANSI 300, American National Standard for Tree Care Operation (or any such successor standard), and under the supervision and direction of the City or VDOT and at the sole expense of the Franchisee. The City or VDOT specifically reserves the right to prohibit the trimming of any tree where the City or VDOT deems that such trimming would be inappropriate. An explanation for the denial shall be provided in writing. (i) No Franchisee shall install above-ground facilities in any portion of its Service Area where all public utility lines are underground, or in any area of the City designated as an underground utility area, and every Franchisee shall be obligated to relocate its existing facilities underground in any portion of its Service Area within ninety (90) days after all public utility lines in that portion of its Service Area have been placed underground, provided, however, that Franchisee may request a partial waiver of this requirement with respect to certain ground-mounted appurtenances, such as Subscriber taps, line extenders, System passive devices ( splitters, directional c ouplere, etc.), a mpliflera, power supplies, network reliability units, pedestals, or other related equipment. (j) Vehicles owned or leased by a Franchisee and used in the installation, construction or repair of the Franchisee's System or installation or repair on Subscribers' premises shall be marked with the Franchisee's identity, and all employees, contractors and subcontractors of a Franchisee shall carry identification, to be produced upon request, which shall provide the employee, contractor, or subcontractor's name, local business address and local business telephone number. 143 Section 13. Emergency Alert System. Every Franchisee shall comply with the federal Emergency Alert System ("EAS") standards established by Part 11 of the FCC's Rules (47 C.F.R. §11) and any state or local EAS plan approved thereunder. In addition, and to the extent not preempted by federal law or regulation, each Franchisee shall provide for use by such authorized persons as are designated by the City, an emergency override capability whereby the audio or video portion of programming carried on all channels may be interrupted for the insertion of emergency information. The City may grant relief from the requirements of the foregoing sentence if the City determines in its sole discretion that a Franchisee's compliance with the federal EAS standards and/or any state or local EAS plan approved thereunder will provide the same functional capability to disseminate emergency information to Subscribers. Section 14. Limits on RiRhts of Way. This Ordinance shall not be construed to mean that the City, by granting any Franchise hereunder, provides any Franchisee the right to use any Street, right-of-way or property controlled by VDOT or by any person other than the City. Every Franchisee hereunder shall be required to comply with any and all VDOT regulations and requirements set forth for the use of such Streets or rights-of. way controlled by VDOT and may be required to separately obtain from private parties and others necessary consents, not otherwise preempted by federal or state statute or regulation, to use any other rights-of.way not controlled by or vested i n t he City prior t o t he installation o f a ny Cable o n, under o r o vet t he property so affected. Section 15. Approval Required for Franchise Transfer. No Franchisee shall sell, assign, transfer or lease its plant or Cable System to another person, nor transfer any rights under a Franchise to another person, nor may control of a Franchisee be transferred, without the Franchisee having first made written application pursuant to Section 4(f), above, for Council's consent to such transfer and without prior Council approval of such transfer on such reasonable terms and conditions as the Council may impose. No sale, transfer, assignment or lease shall thereafter be effective until the vendee, assignee, transferee or lessee has filed in the office of the City Manager an instrument, duly executed, reciting the fact of such sale, assignment, transfer or lease, accepting and agreeing to be bound by the provisions of this Ordinance 144 -- and a Franchise granted pursuant hereto, and agreeing to perform all the conditions that may be imposed by the Council pursuant to its consent. Consent for the transfer, sale, assignment or lease shall not unreasonably be withheld; provided, however, that any costs incurred by the City in evaluating and/or approving such transfer, sale, assignment or lease, not to exceed $5,000.00, shall be paid within 30 days after the submission of an invoice therefor by the City, and no such transfer, sale, assignment or lease shall become effective until such payment is made. Section 16. City Ri.qht in Franchise. (a) The right is hereby reserved by the City to adopt, in addition to the provisions herein contained and in existing applicable ordinances, such additional regulations as it shall find necessary and that are a lawful exercise of its police power. (b) The City shall have the right to supervise, inspect and approve or disapprove all construction or installation work performed by a Franchisee in the Streets, subject to the provisions of this Ordinance and other City laws, ordinances, resolutions, rules and regulations, and to make such inspections as it shall find necessary to ensure compliance with applicable City laws, ordinances, resolutions or regulations. (c) All Streets, rights-of-way, and easements that a Franchisee is permitted t o u se hereunder s hall remain t he property o f t he City or V DOT, a s appropriate. Until such time as poles or other equipment ars actually installed by a Franchisee, and in the event of future removal of such poles or other equipment, such rights shall remain vested in or immediately revert to the City or VDOT and, in the event of removal, a Franchisee's rights therein shall automatically be canceled. (d) At the time a Franchise becomes effective, the City may require the Franchisee to furnish to the City a City-approved security, in such form and with such sureties as shall be acceptable to the City, guaranteeing the payment of ail sums which may at any time become due from the Franchisee to the City under the terms of this Ordinance and any Franchise granted, and further guaranteeing the ~aithful performance of all obligations of the Franchisee under the terms of this Ordinance and the agreement reflecting the grant of the Franchise. The amount of the security shall be $300,000 unless a franchise agreement otherwise 145 provides. In the event of default under this Ordinance or a Franchise granted pursuant to this Ordinance, the City shall not assume any liability, obligation or responsibility, but shall instead be entitled, without prejudice to any other remedy available to the City, to levy on and collect from such security all amounts necessary to render the City whole. (e) If at any time after the date a Franchisee's Cable System is activated to provide Cable Service, the Franchisee shall fail materially to comply with the terms of this Ordinance or any Franchise granted, and shall continue to fail to comply or fail to commence taking steps reasonably calculated to cause such compliance for a period of thirty (30) days after receiving notice in writing of non- compliance from the City, the Franchisee shall be assessed a monetary forfeiture by the Office of the City Manager of not less than $100.00 nor more than $1,000.00 for each day's failure to comply from the date of the first non-compliance, with each day's failure to comply being a separate and distinct offense. The provisions of t his s ub-section shall not apply i f n on-compliance is occasioned b y e vents beyond the control of the Franchisee, provided that such events were not proximately caused by the Franchisee's acts or failure to act. In the event the Franchisee shall in good faith contest its liability or the amount of any forfeiture imposed under this Section, no further forfeiture need be paid until such liability is established by the City Council, and should such liability be established by the City Council, such d etermination s hall b e final, a nd t he Franchisee s hall n ave thirty (30) days within which to comply and within which to pay all forfeitures assessed. In the event the Franchisee does not then comply and pay all forfeitures assessed, the City shall have the option (i) to initiate judicial collection proceedings; (ii) to collect upon any security posted; and/or (iii) implement procedures to revoke the Franchise and declare the security forfeited. Section 17. Franchise Fee. (a) Unless a lesser amount is specified in a Franchise, each Franchisee shall pay the City o n a quarterly basis a fee (a "Franchise Fee") equal to five percent (5%) of its Gross Revenues derived from the immediately preceding calendar quarter. The Franchise Fee for each calendar quarter shall be paid to the City no later than thirty (30) days after the end of the calendar quarter on which such fee is based. Such payment shall be accompanied by a report, in a form acceptable to the City, itemizing the revenue sources on which the fee payment was calculated and showing how the payment amount was calculated. 146 - Any payment made after the date on which it is due shall be subject to a five percent (5%) late payment fee plus interest at the rate that the City is then currently charging for late payments owed to the City. Each Franchise Fee payment shall be accompanied by a summary report showing Gross Revenues received by the franchisee from its operations within the City during the preceding quarter and such other information as the City shall reasonably request with respect to the Franchisee's service within the City. (b) The City shall have the right to verify by an audit conducted by an independent auditor of its own choosing, that a Franchisee has paid the correct amount of Franchise Fee, and if such audit discloses that a Franchisee's reporting of its Gross Revenues for the audit period has been understated by three percent (3%) or more, said Franchisee shall compensate the City for its reasonable audit expenses. The Franchisee shall grant the City or its auditors access to all relevant documents, records and information relevant to determining whether the Franchisee has paid the correct Franchise Fee. Consistent and material under-reporting of a Franchieee's Gross Revenues over two or more consecutive calendar quarters shall be grounds for revocation of a Franchise. (c) In addition tothe audit process o f Section 1 7(b), each Franchisee shall, not less than annually, submit a report from an independent certified public accounting firm reasonably acceptable to the City, certifying to the accuracy of all Franchise Fee payments made for the immediately foregoing four quarters and the compliance of those payments with the requirements of this Ordinance and any Franchise granted hereunder. This annual report shall be in a form consistent with the form specified to accompany quarterly payments under section 17(a). (d) In the event that federal, state, or other regulatory agencies permit a greater or lesser Franchise Fee than set forth in this Ordinance, such payment obligation may be increased or decreased to the maximum amount permissible, upon approval of such increase or decrease by the City Council and not less than ninety (90) days advance notice to each affected Franchisee. (e) Consistent with applicable law, no fee, tax or other payment required to be made by a Cable System operator to the City, including payment of a Business, Professional or Occupational License fee or tax, shall be deemed as part of the Franchise Fee payable to the City hereunder, so long as such fee, tax or other payment obligation is imposed on a non.discriminatory basis on other similarly situated entities doing business within the City. 147 Section 18. Records and Reports. The City and its representatives shall have access during normal business hours to a Franchisee's plans, maps, electronic data, documents, contracts, and engineering, accounting, financial, and statistical data, and, subject to the Subscriber privacy provisions of Section 631 of the Cable Act (47 U.S.C. § 551), customer and service records relating to the Cable System and its operation within the City by t he Franchisee and to all other records required to be kept hereunder. The City may review, copy, and audit any such records, documents or electronic data. Section 19. Franchise Revocation. (a) Whenever any Franchisee shall refuse, neglect or willfully fail to construct, operate or maintain its Cable System or to provide Cable Service to its Subscribers in substantial accordance with the terms of this Ordinance or any applicable rule or regulation, or materially breaches its Franchise Agreement, or materially violates this Ordinance or other law, ordinance, resolution, rule, or regulation, or practices any fraud or deceit upon the City or its Subscribers within the City, or fails to pay Franchise Fees, or if such Franchisee becomes insolvent, as adjudged by a court of competent jurisdiction, or is unwilling or unable to pay its uncontested debts, or is adjudged bankrupt, or seeks relief under the bankruptcy laws of the United States or any state, then the Franchise may be revoked. (b) In the event the City believes that grounds for revocation exist or have existed, it may notify the affected Franchisee in writing, setting forth the facts on which such belief is grounded. If, within thirty (30) days following such written notification, the Franchisee has not furnished reasonably satisfactory evidence to the City that corrective action has been taken or is being actively and expeditiously pursued to completion, or that the alleged violations did not occur, or that the alleged violations were beyond the Franchisee's control, the City may call and give notice of a hearing, pursuant to the hearing requirements set forth in Section 20 of this Ordinance to consider revocation of the Franchisee's Franchise. If the City, following such hearing, finds that grounds for revocation exist, the Council may by resolution or ordinance duly adopted revoke for cause the Franchise granted to such Franchisee. (c) In the event that the Franchise has been revoked, the City shall, to the extent then permitted by existing law, have the option to: 148 (i) acquire, at fair market value excluding any value attributable to the Franchise itself, all the assets of the Franchisee's System located within the City; or (ii) require the sale, at fair market value excluding any value attributable to the Franchise itself, of all such assets of the Franchisee's System to another person; or (iii) require the removal of all such assets from the City, at Franchisee's sole expense (or, if Franchisee fails to do so, the City may remove those assets at Franchise's sole expense); or (iv) if such assets are .aban.d. oned or deemed abandoned under applicable law, succeed to ownersh,p or t,tle thereof. Unless some later date is agreed to by the Franchisee, such option must be exercised by the City within one (1) year from the date of the revocation of the Franchise, or the entry of the final judgment by a court reviewing the question of the revocation, or the entry of a final order upon appeal of same, whichever is later. In any Franchise revocation proceeding, if the City and a Franchisee cannot agree upon the fair market value excluding any value attributable to the Franchise itself of the Franchisee's assets located within the City then the City and the Franchisee shall each at their own cost select a different independent appraiser (each of whom shall be an active member of and be certified by the Appraisal Institute or its successor) who shall each provide an appraisal of the value at issue. If the greater appraised value does not exceed the lesser appraised value by more than ten percent (10%) of such lesser value, then the two appraised values shall be averaged and the resultant value shall be binding upon the City and the Franchisee; if the greater appraised value exceeds the lesser appraised value by more than ten percent (10%), then the two previously chosen appraisers shall together choose a third independent appraiser, who shall have no knowledge of the prior appraised values, and who shall provide an appraisal of the value, which shall be binding upon the City and the Franchisee. Any valuation determined in accordance with the immediately foregoing procedures shall conclusively be deemed as an equitable price, as specified at 47 U.S.C. § 547. 149 (d) The revocation of a Franchisee's rights as set forth herein shall in no way affect any other rights the City may have under the Franchise with such Franchisee or under this Ordinance or any other provision of law or ordinance. Notwithstanding the pendency or culmination of any proceedings terminating a Franchise, the City may nonetheless by Council action extend for a period of not more than two (2) years beyond the proposed or actual date of termination the entitlement of the affected Franchisee to operate the Cable System, during which period all provisions of this Ordinance and the applicable Franchise Agreement shall govern such operations. Section 20. Hearin.q Requirements for Matters AffectinR Franchises. Whenever a requirement is set forth herein for a public hearing or m~eting to be called concerning any matter related to the evaluation, modification, renewal, revocation or termination of any Franchise issued pursuant to this Ordinance, such hearing or meeting shall not be held unless, in addition to any applicable notice requirements of Virginia law, the City shall have advised the Franchisee in writing, at least thirty (30) days prior to such hearing or meeting, and provided notice to the public as required by law. In addition, the City may require the affected Franchisee to, and when so required the Franchisee shall, give notice of such hearing, and any continuation thereof, by announcement on its Cable System in such manner, on such channels and at such times as both parties shall find to be reasonable under the circumstances. Any such hearing may be adjourned from time to time as legally permitted without further notice other than the announcement, at the time of adjournment, of the time and place of the continued hearing and such announcement, if any, as the City may require the Franchisee to make on its Cable System. Section 21. Costs. The City may require that each applicant for an initial, renewal, modification or transfer of a Franchise compensate the City for its direct, out of pocket costs incurred in the award of a Franchise hereunder, including the City's expenses incurred for special counsel or consultants retained to assist it in such award. A bill for such costs as are then determinable may be presented to the Franchisee by the City upon the franchisee's filing of its acceptance of a Franchise hereunder, and if so presented shall be paid at that time, and such additional costs as are determined as payable by the City shall thereafter be paid within fourteen (14) days of presentment to the Franchisee. 150 Section 22. Open Video System Operation. In the event that any person shall obtain certification from the FCC as an Open Video System ("OVS") operator and thereafter offer or continue to provide service within the City as an OVS operator, then all portions of this Ordinance which are, or may lawfully be, applicable under governing statute or regulation to OVS operators, including payment of required fees, which may otherwise be imposed upon cable television operators (including, without limitation, franchise fees), shall apply without interruption or abatement to such person except to the extent expressly prohibited by law or regulation. Section 23. Severability. (a) All terms a nd conditions o f t his 0 rdinance a nd a ny Franchise a rs subject to the rules and regulations of, and to any required approval of, federal and state agencies. If any provision of this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter to become in effect, or is held by such court or agency to be modified in any way in order to conform to the requirement of any such law, rule or regulation, such provision shall be considered a separate, distinct and independent part of this Ordinance or the Franchise, and such holding shall not affect the validity and enforceability of any other provisions of this Ordinance or the Franchise. (b) Notwithstanding the foregoing, if any part of this Ordinance or any Franchise is found to be invalid by the FCC or any court of competent jurisdiction, then the parties shall renegotiate such part to preserve, to the extent permitted by law, the benefit of the parties' original bargain. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with the law, rules, and regulations then in effect, said provision shall thereupon return immediately to full force and effect, at the option of the City. 151 Section 24 Acceptance of Franchise. No Franchise shall be deemed as granted or renewed pursuant to this Ordinance unless such grant or renewal be approved by the Council and, within fourteen (14) days after its receipt of a Franchise provided by the City, the applicant therefor acknowledges its acceptance of the provisions of this Ordinance and accepts and executes the Franchise, files such acknowledgement, acceptance and agreement with the City, and provides payment of all sums due hereunder and submits all documentation required hereunder. Section 25. Franchisee to Abide by Applicable Laws. By accepting a Franchise and executing a Franchise Agreement, a Franchisee agrees that it will abide by all applicable federal, state and local laws, rules and regulations. Section 26. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior ordinances or resolutions or parts thereof concerning cable television that are inconsistent with or contravene this Ordinance or any Franchise granted thereunder are hereby repealed as of the effective date of this Ordinance. Section 27. Second Readin.q Dispensed With. Pursuant to Section '12 of the Roanoke City Charter, the second reading of this Ordinance by title paragraph is hereby dispensed with. Section 28. Effective Date. The effective date of this Ordinance shall be October 31,2003. Appendix A: FCC Customer Service Standards 47 C.F.R. § 76.309. 152 APPENDIX A FCC CUSTOMER SERVICE STANDARDS 47 C.F.R. §76.309 76.309 Customer service obligations (a) A cable franchise authority may enforce the customer service standards set forth in section (c) of this rule against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in section (c) of this rule; (2) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer service requirements that exceed the standards set forth in section (c) of this rule and are contained in current franchise agreements; (3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by, the standards set forth in section (c) of this rule. (c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards: · (1) Cable system office hours and telephone availability. (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours' a day, seven days a week. 153 (A) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. (B) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. (iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: (i) Standard installations will b e performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. T he cable operator must begin actions to correct other service problems the next business day after notification of the service problem. 154 (iii) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (3) (i) either- Communications between cable operators and cable subscribers. Refunds. Refund checks will be issued promptly, but no later than (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (ii) customer's warranted. Credits. Credits for service will be issued no later than the next billing cycle following the determination that a credit is (4) Definitions. (i) Normal Business Hours. The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. 155 (ii) Normal Operating Conditions. The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (iii) Service Interruption. The term "service interruption" means the loss of picture or sound on one or more cable channels. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36504-100603. AN ORDINANCE approving and authorizing the execution of a Cable Television Franchise Agreement by and between the City of Roanoke, Virginia and CoxCom, Inc., d/b/a Cox Communications Roanoke; and dispensing with the second reading by title of this ordinance. WHEREAS, by Agreement dated May 1, 1991, the City entered into a Cable Television Franchise Agreement for a term of 12 years with Cox Cable Roanoke, Inc., predecessor in interest to CoxCom, Inc., d/b/a Cox Communications Roanoke (Cox), which was authorized by Ordinance No. 30479-42291; 156 - WHEREAS, representatives of the City, along with representatives of Roanoke County and the Town of Vinton, have been negotiating a renewal agreement with Cox; WHEREAS, on April 21, 2003, by Ordinance No. 36290-042103, City Council extended the 1991 Cable Television Franchise Agreement for six months, until October 31, 2003, to allow the renewal negotiations to be completed; WHEREAS, such negotiations have been completed and a Cable Television Franchise Agreement acceptable to the City of Roanoke, and also to Roanoke County and the Town of Vinton, has been reached, subject to approval by City Council; WHEREAS, a public hearing was held on this matter and on the City's adoption of a r.evised Cable Television Franchise Ord. inance on October 6, 2003, at which public hearing citizens and parties in ,nterest were afforded an opportunity to be heard on such matters; and WHEREAS, City Council has previously adopted a revised Cable Television Franchise Ordinance that becomes effective on October 31, 2003. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Cable Television Franchise Agreement attached to the City Manager's letter to Council dated October 6, 2003. 2. The City Manager is authorized to execute, on behalf of the City, a Cable Television Franchise Agreement by and between the City and CoxCom, Inc., d/b/a Cox Communications Roanoke in a form substantially similar to the one attached to the above mentioned City Manager's letter, and in a form approved by the City Attorney. Such Agreement will provide for a term of 15 years, from November 1, 2003 through October 31, 2018, a Franchise Fee Payment to the City of 5% of Cox's gross revenues, a capital grant for educational and/or governmental access equipment a nd facilities for allocation among the City, Roanoke County and the Town of Vinton in the total amount of $1,150,000.00 to be paid in accordance with the schedule set forth in the Agreement mentioned above, a nd such other terms a nd conditions a s a re deemed t o b e i n t he b est interest of the City of Roanoke. 157 3. The City Manager is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A P P R O V E D Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2004. No. 36505-100603. AN ORDINANCE temporarily changing the polling place for Highland Precinct No. I from the Jefferson Hall Gym, at 540 Church Avenue, S. W., to Room 105, Jefferson Center, at 541 Luck Avenue, S. W.; and dispensing with the second reading by title paragraph of this ordinance. WHEREAS, the Jefferson Hall Gym, at 540 Church Avenue, S. W., the present location of the polling place for Highland Precinct No. 1, is undergoing extensive renovation; WHEREAS, by Resolution adopted October 1, 2003, the Roanoke City Electoral Board has recommended the establishment of a temporary polling place for Highland Precinct No. 1 at Room 105, Jefferson Center, at 541 Luck Avenue, S.W., and such temporary polling place is located within such precinct as required by Section 24.2-310, Code of Virginia (1950), as amended; and 158 - WHEREAS, the Electoral Board has given notice of such emergency relocation of this polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to Section 24.2-310.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mall to all registered voters in the Highland Precinct No. I at least fifteen (15) days prior to the November 4, 2003, General Election, a nd public notice of such change, pursuant to Section 24.2-306, Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding Section 10-18, Code of the City of Roanoke (1979), as amended, the polling place for Highland Precinct No. I shall be relocated temporarily from the Jefferson Hall Gym, at 540 Church Avenue, S. W., to Room 105, Jefferson Center, at 541 Luck Avenue, S. W., for the November 4, 2003, General Election. 2. The City Clerk is directed to forward attested copies of this ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Highland Precinct No. 1, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 3. Pursua.n.t to §12 of the Roanoke Charter, th.e second reading of this ordinance by title paragraph is hereby dispensed w~th. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36506-100603. AN ORDINANCE endorsing the 2003 Regional Wastewater Collection and Treatment Contract among the City of Roanoke, Roanoke County, the City of Salem, the Town of Vinton, and Botetourt County and authorizing the Mayor to execute such Contract on behalf of the City; authorizing the City Manager to take such further actions a nd t o execute such documents as may b e necessary t o implement and administer such Contract; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke, Roanoke County, the City of Salem, the Town of Vinton, and Botetourt County have worked together to provide a Contract concerning the 2003 Wet Weather Improvements to the Water Pollution Control Plant which serves these jurisdictions, as well as other matters concerning the collection and treatment of wastewater, the terms of such Contract being contained in the Contract attached to the City Manager's letter to Council dated October 6, 2003. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council hereby endorses the terms of the 2003 Regional Wastewater Collection and Treatment Contract as contained in the Contract attached to the above mentioned City Manager's letter. 2. The Mayor is hereby authorized, on behalf of the City, to execute the 2003 Regional Wastewater Collection and Treatment Contract in a form substantially similar to the one attached to the above mentioned City Manager's letter, in a form approved by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such documents as may be necessary to implement and admir, ister such Contract, such documents to be in a form approved by the City Attorney. 160 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F, Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36507-100603. A RESOLUTION authorizing the execution of a Memorandum of Understanding with the U.S. Marshal's Service and other law enforcement agencies regarding the Blue Ridge Fugitive Apprehension Strike Team Joint Fugitive Task Force of the Western District of Virginia, 161 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the Memorandum of Understanding with the U.S. Marshal's Service and other law enforcement agencies, upon the terms and conditions described in the letter of the City Manager dated October 6, 2003, including provisions for assumption of liability and indemnifying the United States, in a form approved by the City Attorney. ATTEST: Mary F. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36508-100603. AN ORDINANCE appropriating funds for the Office of Domestic Preparedness State Homeland Security Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Project Supplies 035-520-3525-3005 $102,934.00 Other Equipment 035-520-3525-9015 143,500.00 162 -- Revenues State Homeland Security 035-520-3525~525 $246,434.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~t~~,ATTEST: ~¢P-~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36509-100603. A RESOLUTION authorizing the application to and acceptance of the 2003-11 Office of Domestic Preparedness State Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the federal Office of Justice Programs (OJP), National Domestic Preparedness Office Grant Programs and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 163 1. The City of Roanoke, a public entity established under the laws of the Commonwealth of Virginia, does hereby authorize its City Manager to execute an application and file it in the appropriate state off~ce for the purpose of obtaining certain federal financial assistance under the OJP, National Domestic Preparedness Office Grant Programs, administered by the Commonwealth of Virginia, such grant being more particularly described i n the letter of the City Manager dated October 6, 2003, upon all the terms, provisions and conditions relating to such application. 2. Following application and any award of the Grant, the City of Roanoke authorizes its City Manager to accept the Grant from the Virginia Department of Emergency Management in the amount of $246,434, upon all the terms, provisions and conditions relating to the receipt of such funds. 3. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant application, the grant agreement, and any other necessary documents and to provide all documents or information to the Commonwealth and to the Office of Justice Programs with regard to all matters pertaining to such Federal financial assistance and any and all information pertaining to this Grant as may be requested. All such documents to be approved by the City Attorney. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 164 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36510-100603. AN ORDINANCE appropriating funds for the FY04 Hazardous Materials Response Team Grant, amending and reordaining certain sections of the 2003- 2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (<$5,000) 035-520-3226-2035 $10,000.00 Training and Development 035.520-3226-2044 5,000.00 Revenues Hazardous Materials Response Team FY04 035-520.3226-3226 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. City Clerk Mayor 165 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2003. No. 36511-100603. A RESOLUTION authorizing the City Manager to accept, on behalf of the City of Roanoke, "pass-through" funding from a two-year contract with the Commonwealth of Virginia, Department of Emergency Management to participate in a Regional Hazardous Materials Response Team. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, on behalf of the City, to accept $15,000.00 in "pass-through" funding pursuant on a two-year contract commenced July 1, 2002 with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team, as is more particularly set forth in the letter of the City Manager dated October 6, 2003. APPROVED Mary F. Parker City Clerk ~~Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36512-100603. AN ORDINANCE appropriating funds for land acquisition at Mill Mountain, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 166 - BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Mill Mountain Land Acquisition 008-620-3525-9050 $146,550.00 Fund Balance Capital Fund Interest Earnings Other Fund Balance Available 008-3325 008-3349 (89,365.00) (57,185.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of October, 2003. No. 36513-100603. AN ORDINANCE appropriating funds for the Restricted Eligibility Worker, amending and reordaining certain sections of the 2003.2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 167 Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Disability Insurance 035-630-5180-1002 $28,033.00 035-630-5180-1105 2,179.00 035-630-5180-1116 650.00 035-630-5180-1120 2,196.00 035-630-5180-1125 3,024.00 035-630-5180-1126 211.00 035-630-5180-1131 76.00 Revenues Medicaid Worker State FY04 Medicaid Worker Federal FY04 035-630-5180-5181 035-630-5180-5182 18,185.00 18,184.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2003. No. 36514-100603. A RESOLUTION authorizing the City Manager to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original Agreement between the Roanoke City Department of Social Services, the State Health Department and the Virginia Department of Social Services, upon certain terms and conditions. 168 WHEREAS, Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to ensure that all citizens have an opportunity to apply for Medicaid; WHEREAS, the services of the Eligibility Worker are beneficial to both citizens and the Health Department in that it respectively allows citizens requesting services from the Health Department to apply for Medicaid at the same time, thereby making the application process more accessible and efficient, while enabling the Health Department to maximize Medicaid revenue; and WHEREAS, this program is also beneficial to the Department of Social Services in that it is provided an eligibility worker at no cost for salary and benefits. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original agreement -- between Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services, upon such terms and conditions as more fully set forth in the City Manager's letter dated October 6, 2003, to Council. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor 169 IN THE COUNCIL OF THE ClTYOF ROANOKE, VIRGINIA, The 6th day of October, 2003. No. 36515-100603. A RESOLUTION endorsing an amendment to the Architectural Design Guidelines for the H-2, Neighborhood Preservation District. WHEREAS, on August 10, 1995, the Architectural Review Board for the City of Roanoke ("ARB") adopted the Architectural Design Guidelines for the H-2, Neighborhood Preservation District. WHEREAS, subsequent to that date, the ARB amended the H-2 Guidelines to incorporate certain guidelines for retaining walls; WHEREAS, by Resolution No. 35705-010702, City Council endorsed the Architectural Design Guidelines for the H-2, Neighborhood Preservation District, as amended by the ARB; WHEREAS, the H-2 Guidelines, as amended, are guidelines and are not mandatory; and WHEREAS, the ARB has requested that City Council endorse an amendment to the H-2 Guidelines, as amended, to address issues relating to the application of siding in the H-2, Neighborhood Preservation District. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby endorses the amendment to the Architectural Design Guidelines for the H-2, Neighborhood Preservation District, as amended, as 170 - recommended by the Architectural Review Board in its letter dated October 6, 2003, to this Council, to the extent that the H-2 Guidelines, as amended, are not inconsistent with either the authority granted to the City of Roanoke by the General Assembly, any law of the Commonwealth of Virginia, or any provision in the Code of the City of Roanoke (1979), as amended. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2003. No. 36516-100603. AN ORDINANCE providing for the acquisition of property located contiguous to the Blue Ridge Parkway and Mill Mountain Park in order to preserve the viewshed of the Blue Ridge Parkway; authorizing the proper City officials to execute and attest any necessary documents for this acquisition; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the preservation and protection of the viewshed of the Blue Ridge Parkway as required by the Virginia Outdoors Plan and in keeping with the multi-regional Blue Ridge Parkway viewshed planning process, the City wants and needs fee simple title to property located contiguous to the Blue Ridge Parkway and Mill Mountain Park and identified as Roanoke City Tax Map Nos. 4470101 and 4480101, and as further stated in the City Manager's letter to City Council dated October 6, 2003, and attachment thereto. The proper City officials are authorized to execute and attest the necessary documents, in form approved by the City Attorney, to acquire for the City from the respective owner fee simple title to the parcels, for a consideration not to exceed $140,000.00. 171 2. The City's purchase of the above-referenced property is subject to the City being able to obtain a satisfactory environmental assessment of the property and an acceptable title report. 3. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by t he City Attorney to be entitled to the same. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36517-102303. AN ORDINANCE appropriating funding to various technology projects, amending and reordaining certain sections of the 2003-2004 General, Water, Water Pollution Control, Parking, Technology, and School Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 General, Water, Water Pollution Control,. Parking, Technology, and School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 172 - GENERAL FUND Appropriations Transfer to Technology Fund Transfer to Debt Service Fund WATER FUND Appropriations Transfer to Technology Fund RETAINED EARNINGS 001-250-9310-9513 001-250-9310-9512 002-510-2172-9513 Retained Earnings Available for Appropriation 002-3348 WATER POLLUTION CONTROL FUND 003-510-3172-9513 003-3348 007-430-8251-9003 Transfer to Technology Fund Retained Earnings Retained Earnings Available for Appropriation PARKING FUND Appropriations Appropriated from General Revenue Revenues Transfer from Technology Fund 007-110-1234-1120 $ 350,000.00 (350,000.00) 190,000.00 (190,000.00) 190,000.00 (190,000.00) 78,000.00 78,000.00 173 TECHNOLOGYFUND Appropriations Appropriated from General Revenue Appropriated from General Revenue Reserve - Future Capital Outlay Transfer to Parking Fund Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue 013-430-9858-9003 Appropriated from General Revenue 013-430-9862-9003 Appropriated from General Revenue 013-430-9866.9003 Appropriated from General Revenue 013-430-9872-9003 Appropriated from General Revenue 013-430-9885-9003 Appropriated from General Revenue 013-430-9888-9003 Appropriated from General Revenue 013-430-9889-9003 Appropriated from General Appropriated from General Appropriated from General Appropriated from General Appropriated from General Appropriated from General Revenue Revenue Revenue Revenue Revenue Revenue 013-052-9804-9003 013-430-9865-9003 013-430-1602-3028 013-430-1602-9507 013-430-9845-9003 013-430-9850-9003 013-430-9854-9003 013-430-9890-9003 013-430-9891-9003 013-430-9892-9003 013-430-9893-9003 013-430-9894-9003 013-430-9895-9003 Revenues Transfer from General Fund DOT. Salem and County Transfer from Water Fund Transfer from Water Pollution Control Fund Transfer from School Fund Help America Vote Act Grant 013-110-1234-1037 013-110-1234-1069 013-110-1234.1035 013-110-1234-1036 013-110-1234.1127 013-110-1234-9894 Retained EarninRs $100,000.00 600,000.00 (541,338.00) 78,000.00 225,000.00 23,000.00 115,000.00 (34,947.00) 20,000.00 72,714.00 16,100.00 60,000.00 400,000.00 100,000.00 50,000.00 180,000.00 600,000.00 24,000.00 9,500.00 18,321.00 350,000.00 10,350.00 190,000.00 190,000.00 150,000.00 100,000.00 Retained Earnings Available for Appropriation 013-3348 (1,125,000.00) 174 - SCHOOL FUND Appropriations Interest Transfer to Technology Fund 030-065-6007-6998-0902 030-065-6007-6999-9013 (150,000.00) 150,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36518.102303. AN ORDINANCE appropriating funds for the Alcohol, Tobacco, and Firearms Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Furniture and Equipment Construction Other 035-640-3335-9005 035-640-3335-9065 $ 30,306.00 70,000.00 175 Revenues ATF One Time Deposit 035~40-3335-3346 $100,306.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A P P R O V E D ,~~.~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2003. No. 36519-102303. A RESOLUTION authorizing the City Manager to execute an agreement between the City of Roanoke School Board and the City of Roanoke, allowing the City to operate a fitness center at the Woodrow Wilson Middle School for use by the general public, upon certain terms and conditions. 176 - BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the City of Roanoke School Board and the City of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate a fitness center in specified areas at the Woodrow Wilson Middle School for use by the general public, as more fully set forth in the City Managers letter dated October 23, 2003, to this Council. APPROVED ATTEST: Mary F. Pa City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36520-102303. AN ORDINANCE appropriating funds f or t he Lead Hazard Control G rant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Administrative Supplies Business Meals and Travel Miscellaneous 035-615-8115-2010 035-615-8115-2030 035-615-6115-2144 035-615-8115-2170 $1,433,505.00 70,000.00 8,299.00 31,900.00 '17'7 Revenues Lead Hazard Control Grant 035-615-8115-8115 1,543,704.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2003. No. 36521-102303. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Housing and Urban Development, in the amount of $1,543,704.00, for the Lead Hazard Control Grant Program; and authorizing the City Manager to execute the requisite grant agreements. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts a grant from the United States Department of Housing and Urban Development in the amount of $1,543,704.00 for the Lead Hazard Control Grant Program, as more particularly set forth in the City Manager's letter dated October 23, 2003, to this Council. 178 - 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents with the United States Department of Housing and Urban Development for such funds, such documents to be approved as to form by the City Attorney. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2003. No. 36522-102303. AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new Section 1-23, Assessment of court costs to support local criminal justice academy, providing for assessment by the City of a fee to provide funding to support the City's criminal justice academy, pursuant to Section 9.1-106, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new Section 1-23, Assessment of court costs to support local criminal justice academy, which shall read and provide as follows: 179 Section 1-23. Assessment of court costs to support local criminal justice academy. (a) A local fee of three dollars ($3.00) to support the City's criminal justice academy is hereby imposed in every case in which costs are assessable pursuant to §§16.1-69.48:1, 17.1-275.1, 17.1-275.3, 17.1-275.4, 17.1-275.7, 1 7.1-275.8, or 1 7.1-275.9, Code of Virginia. T he clerks of the district and circuit courts shall charge and collect this assessment as a part of the fees taxed as costs. (b) After collection by the clerk of the court in which the case is heard, the assessment shall be remitted to the city treasurer and held subject to appropriation by the City Council to support the City's criminal justice academy. 2. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force on and after November 1, 2003. APPROVED ~~ //~~ ~'ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 180 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2003. No. 36523-102303. AN ORDINANCE authorizing the termination of the Lease Agreement dated March 23, 1992, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, and any subsequent amendments thereto, for the Century Station Parking Garage; authorizing acceptance of the conveyance by the City of Roanoke Redevelopment and Housing Authority of such garage located at 25 Church Avenue, S. E., bearing Official Tax No. 4015004 to the City; and dispensing with the second reading by title of this ordinance. WHEREAS, by Lease Agreement dated March 23, 1992, the City of Roanoke Redevelopment and Housing Authority leased the Century Station Parking Garage to the City of Roanoke; and WHEREAS, the revenue bonds issued by the Housing Authority and ~lsed to finance the construction of the parking garage have now been redeemed by the Authority upon the City's payment in July of the outstanding lease amount to the Housing Authority and the City of Roanoke Redevelopment and Housing Authority has offered to convey to the City of Roanoke Century Station Parking Garage located at 25 Church Avenue, S. E., and known as Official Tax No. 4015004. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager i s authorized t o terminate t he L ease Agreement dated March 23, 1992, and any subsequent amendments made thereto, by which the City has leased the Century Station Parking Garage from the Housing Authority, and to execute any necessary documents to terminate the existing Lease Agreement. 2. The City Manager is further authorized to accept conveyance to the City with General Warranty of Title, subject to all easements and encumbrances of record, and subject to an acceptable title report and subject to receipt of an acceptable environmental audit of the Century Station Parking Garage located at 25 Church Avenue, S. E., bearing Official Tax No. 4015004, and to execute any necessary documents to accept the conveyance. 181 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36524-102303. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund making permanent improvements to Patrick Henry High School. WHEREAS, the School Board for the City of Roanoke, on the 23rd day of October, 2003, presented to this Council an application addressed to the State Board o f Education of Virginia f or t he purpose o f borrowing f rom t he Literary Fund $7.5 million, for adding to and improving the present school building at the Patrick Henry High School, to be paid in twenty (20) annual installments, and the interest thereon at three percent (3%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $7.5 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. 182 - The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36525-102303. AN ORDINANCE appropriating funding from the Capital Maintenance and Equipment Replacement Program (CMERP) and from two federal grants, amending and reordaining certain sections of the 2003-2004 School Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Replacement - Data Processing Equipment Compensation of Teachers Supplements Social Security 030-065-6006-6302-0806 030-062-6335-6100-0121 030-062-6335-6100-0129 030-062-6335-6100-0201 $669,581.00 85,672.00 129,832.00 31,174.00 183 Retirement - VRS Health Insurance Indirect Costs Repair and Maintenance Payments Conventions/Education Parent Involvement Educational and Recreational Supplies Other Operation Supplies Compensation of Teachers Social Security Retirement - VRS Educational and Recreational Supplies 030-062-6335-6100-0202 030-062-6335-6100-0204 030-062-6335-6100-0212 030-062-6335-6100-0331 030-062-6335.6100-0554 030-062-6335-6100-0585 030-062-6335-6100-0614 030-062-6335-6100-0615 030-063-6851-6100-0121 030-063-6851-6100-0201 030-063-6851-6100-0202 030-063-6851-6100-0614 3,618.00 5,036.00 5,766.00 54,979.OO 19,404.00 67,048.00 83,587.00 13,410.00 30,000.00 2,295.00 2,832.00 18,517.00 Revenues Federal Grant Receipts Federal Grant Receipts 030-062-6335-6335-1102 030-063-6851-6851-1102 499,526.00 53,644.00 Fund Balance Reserved for CMERP. School 030-3324 $(669,581.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor 184 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2003. No. 36526-102303. A RESOLUTION appointing a new Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Lynn D. Avis, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 2003; and WHEREAS, Section 15.2-4904, Code of Virginia (~950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that F. Gordon Hancock, is hereby appointed as a Director on the Board of Directors of t he Industrial Development Authority of t he City o f Roanoke, Virginia, f or a term of four years commencing on October 21, 2003, and expiring on October 20, 2007, to fill a vacancy created by the expiration of the term of office of Lynn D. Avis on the Board occurring on October 20, 2003. ATTEST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor 185(A) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36527-102303. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned from RS-3, Single-Family Residential District, to C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Murray E. and Patricia B. Joiner filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3034 Brambleton Avenue, S.W., being further identified as Official Tax No. 1650903, which property was previously conditionally rezoned by Ordinance No. 35218-030501, adopted March 5, 2001; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 23, 2003, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 35218-030501, adopted March 5, 2001, be repealed to the extent that it relates to Official Tax No. 1650903; 185(B) 2. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on September 3, 2003, and as set forth in the report of the Planning Commission dated September 10, 2003, and Official Tax No. 1650903 be made subject to the proffered conditions set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on September 3, 2003; and 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~Ralph ~ Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36528-102303. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Member One Federal Credit Union, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; ss(c) WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on October 23, 2003, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Gilmer Avenue, N.E., running in a westerly direction from 4th Street, N.E., to and including an existing cul-de-sac be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, 185(D) structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving any of the required approvals of the subdivision plat referenced in the previous paragraph, the applicant and the City of Roanoke shall execute a performance agreement, in form acceptable to the City Manager for the City of Roanoke, the terms of which shall include the applicant's providing, at the time the executed agreement is presented to the City, a letter of credit in favor of the City of Roanoke for the payment of Sixty-six thousand three hundred dollars and no cents ($66,300.00) to the City of Roanoke under terms and conditions acceptable to the City Manager for the City of Roanoke. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all of the above conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 185(E) BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the applicant shall show its consent to the terms of this closure by executing the ordinance, below, within thirty (30) days of its adoption by City Council. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 oF the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor ACCEPTED and EXECUTED by the undersigned this ...... day of ............... , 20 .... MEMBER ONE FEDERAL CREDIT UNION A-I-I'EST: By .................................. (Seal) Its Its COMMONWEALTH OF VIRGINIA§ § To-Wit: 18S(F) The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of .............. , 2003, by ............... , the ................ , of Member One Federal Credit Union. My Commission expires: .......................... Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36529-102303. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement between the City of Roanoke (City) and Member One Federal Credit Union (Member One) that will provide for Member One to make a certain investment in the development of certain property in the 4th Street, Kimball Avenue, and Gilmer Avenue area; and dispensing with the second reading by title of this Ordinance. WHEREAS, Member One has requested that a portion of Gilmer Avenue be vacated at no charge to Member One, provided that Member One make an investment in the Project Member One intends to construct in that area, which includes building additional structures and making improvements to the current Member One structure; and WHEREAS, Member One has agreed to enter into a Performance Agreement with the City that will provide that Member One will provide the City with a letter of credit to guarantee Member One's performance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a Performance Agreement between the City and Member One Federal Credit Union, upon certain terms and conditions as set forth in the City Manager's letter to Council dated October 23, 2002. The Performance Agreement shall be substantially similar to the one attached to such letter and in a form approved by the City Attorney. Such Performance Agreement will provide that Member One will make an investment in the development of the Project referred to in the City Manager's letter and that Member One's performance will be guaranteed by Member One providing the City with a letter of credit in the amount of $66,300.00, the value of the proposed vacated portion of Gilmer Avenue. Furthermore, the Performance Agreement will contain such other terms and conditions as the City Manager deems appropriate. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation and administration of such Performance Agreement. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 18S(H) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day in October, 2003. No. 36530-102303. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 126, Sectional 1976 Zone Map, City of Roanoke, torezone certain property within the City; and dispensing with the second reading by title of this ordinance. WHEREAS, Malcolm M. Rosenberg, made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family District, to C-1, Office District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 23, 2003, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (lg79), as amended, and Sheet No. 126 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: 185(i) The certain parcel of land totaling 0.2426 acre, more or less, and designated on Sheet No. 126 of the Sectional 1976 Zone Map, City of Roanoke, known as Official Tax No. 1260804, be, and is hereby rezoned from RS-3, Residential Single-Family District, to C-1, Office District, as set forth in the Petition filed in the Office of the City Clerk on June 25, 2003, and that Sheet No. 126 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~j ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36531-102303. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, 22 Luck Ave., Inc., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; 850) WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on October 23, 2003, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an alley located between 16 and 22 Luck Avenue, S.W., and more specifically between parcels bearing Official Tax Nos. 1012707 and 1012706 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or 185(K) any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two thousand one hundred dollars and no cents ($2,100.00) as consideration for this action taken by City Council. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 185(L) BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed APPROVED A'I-I'EST: Mary F. Parker City Clerk  mit~j Mayor ACCEPTED and EXECUTED by the undersigned this ...... day of ............... ,20 .... 22 Luck Ave., Inc. ATTEST: By .................................. (Seal) Its Its President COMMONWEALTH OF VIRGINIA§ § To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this .....day of ..............,2003, by Raphael E. Ferris, President, 22 Luck Ave., Inc. My Commission expires: .......................... Notary Public 185(M) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36532-102303. AN ORDINANCE authorizing the donation and conveyance of a ten-foot by ten-foot easement, on City-owned property known as Jackson Park, identified by Official Tax No. 4130501, to Roanoke Gas Company, to relocate a five foot high relief valve from the northern side of Morningside Street, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on October 23, 2003, pursuant to ~15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a ten-foot by ten-foot easement, on City- owned property known as Jackson Park, identified as Official Tax No. 4130501, to Roanoke Gas Company for the relocation of a five foot high relief valve from the northern side of Morningside Street, upon certain terms and conditions, as more particularly set forth in the October 23, 2003, letter of the City Manager to this Council. 8S(N) 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-FEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36533-102303. AN ORDINANCE authorizing the City Manager to enter into a lease with Sandra Rouse Reedy, for the lease of 7.05 acres of City-owned property located along Back Creek in Roanoke County, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease with Sandra Rouse Reedy, for the lease of 7.05 acres of City-owned property located along Back Creek in Roanoke County, commencing November 1, 2003, such lease being for an initial term of one year, with an option to renew for four (4) additional one (1) year terms, and upon the terms and conditions as more particularly set forth in the City Manager's letter dated October 23, 2003, and the attached lease, to this Council. 185(0) 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of October, 2003. No. 36534-102303. A RESOLUTION concurring in a list of financially-constrained projects and recommended improvements for roadways in the City of Roanoke for further study in connection with the Long-Range Transportation Plan. WHEREAS, state and local agencies must continually develop long range transportation plans as required by the Federal Highway Act of 1962; WHEREAS, the Roanoke Valley Metropolitan Planning Organization ("MPO") is scheduled to adopt a revised 20-year Long Range Transportation Plan ("LRTP"); WHEREAS, transportation improvement projects must be included in the LRTP before they can be added to the Virginia Department of Transportation's Six Year Plan; 185(P) WHEREAS, a public information meeting seeking comment on the proposed plan by the MPO is scheduled for November 6, 2003; and WHEREAS, the Virginia Department of Transportation is seeking the City's concurrence in this list of financially-constrained projects in connection with the LRTP. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: That this Council concurs in the list of financially-constrained projects and recommended improvements for roadways in thc City of Roanoke for further study by the Virginia Department of Transportation, as set forth in the City Manager's letter dated October 23, 2003, to this Council, and its attachments. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the MPO for the November 6, 2003, public information meeting. APPROVED ~ ~l,~' ~.ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor 185 2. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on September 3, 2003, and as set forth in the report of the Planning Commission dated September 10, 2003, and Official Tax No. 1650903 be made subject to the proffered conditions set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on September 3, 2003; and 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~ ATTEST://~ ~ ~ ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2003. No. 36535-110303. AN ORDINANCE to establish a revenue estimate and appropriate fur. ding for the Blue Hills Drive Extension, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 186 - Appropriations Appropriated from State Grant Funds 008~52-9632-9007 $ 450,000.00 Revenues Blue Hills Drive Extension 008~52-9632-1373 450,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2003. No. 36536-110303. AN ORDINANCE authorizing the amendment of an existing lease agreement between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings, by reducing the amount of square footage being leased in the Commonwealth Building located at 210 Church Avenue, S.W.; authorizing the release of Lessee from a portion of the leased premises, upon certain terms and conditions, and dispensing with the second reading of this ordinance. WHEREAS, City Council authorized the appropriate City officials to enter into a lease agreement, dated March 28, 1984 and commencing July 1, 1985, ("Lease Agreement"), amended April 28, 1992, between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings ("Lessee") for the lease by Lessee of certain space in the Commonwealth Building ("Leased Premises"); 187 WHEREAS, the Virginia Department of Fire Programs through the Lessee currently occupies approximately 4,800 square feet of the Leased Premised and has determined that more space is needed for its operations and desires to vacate this portion of the Leased Premises; WHEREAS, the United States Bankruptcy Court occupies space on the second floor of the Commonwealth Building and desires to occupy the area that the Virginia Department of Fire Program currently occupies; and WHEREAS, the City and the Lessee both desire to amend the Lease Agreement to allow for the reduction of approximately 4,800 square feet from the Leased Premises in the area that the Virginia Department of Fire Program currently occupies, and to release Lessee from the Lease Agreement with respect to such area. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City and upon form approved by the City Attorney, a lease amendment reducing the amount of space by 4,800 square feet, in the Commonwealth Building, located at 210 Church Avenue, S.W., which is currently leased from the City by the Commonwealth of Virginia, Department of General Services/ Division of Engineering and Buildings and occupied by the Virginia Department of Fire Programs, and as is more particularly stated in the City Manager's letter to Council dated November 3, 2003. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor 188 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2003. No. 36537-110303. A RESOLUTION closing certain City offices on Friday, December 26, 2003, the day after Christmas, and Friday, January 2, 2004, the day after New Year's; and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed on Friday, December 26, 2003, and Friday, January 2, 2004. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Friday, December 26, 2003, and Friday, January 2, 2004. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Friday, December 26, 2003, and Friday, January 2, 2004, such employees, regardless of whether they are scheduled to work on December 26, 2003, and January 2, 2004, shall be accorded equal time off at a later date. Employees of the Fire/EMS Department working the three platoon system shall receive twelve hours of holiday time due to their work schedule. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential, or necessary public service rendered or performed by the City. APPROVED ATTEST: Mary F. Parker City Clerk ~th Mayor 189 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36538-111703. A RESOLUTION naming Alphonzo L. Holland, Sr., as Roanoke's Citizen of the Year for the year 2003. WHEREAS, Mr. Holland, a native of Roanoke, Virginia, graduated from Lucy Addison High School, attended Hampton Institute and studied at La Salle University and the Philippines Golden State College; WHEREAS, Mr. Holland was employed by Norfolk & Western in 1938, and, between tours of military duty, worked as a freight handler, custodian, and assistant tariff supervisor until he retired in 1985; WHEREAS, Mr. Holland served in the U.S. Army, including tours of duty during World War II, and the Korean War, and with his service in the Army Reserves until 1976, had dedicated thirty years to the service of his country; WHEREAS, Mr. Holland has been a member of the Executive Board of the National D-Day Memorial Foundation, Central YMCA, WBRA-TV Advisory Committee, American Red Cross of Roanoke, Virginia Transportation Museum, National Council of Community Justice, and Roanoke Valley Race Relations Committee, and Rebuilding Together With Christmas in April; WHEREAS, Mr. Holland has been a member and past president of Big Brothers/Sisters Organization, League of Older Americans, the Roanoke Branch of the NAACP, past Regional Vice Chairman, NAACP, and YMCA Family Center; WHEREAS, Mr. Holland has volunteered his services to Lucy Addison Middle School and the Harrison Museum and, as an active member High Street Baptist Church, served as a member of its Board of Trustees for 51 years, its Brotherhood Ministry, and its Senior and Cathedral Choirs and Men's Chorus; WHEREAS, Mr. Holland is a life member of Delta Nu Alpha Transportation Fraternity, and was the first and only African-American to hold the office of president in this organization; 190 - WHEREAS, Mr. Holland is a member of the F&AAYM Masons, Sahara Desert; and a life member of the VFW, American Legion Post 1~.~.~.; and WHEREAS, Mr. Holland continues--even at age 86 .to volunteer as much as 50 hours a week to help in all areas throughout the Roanoke Valley in order to make a better place for all to live. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Alphonzo L. Holland, Sr., be named Citizen of the Year for the year 2003 in the City of Roanoke, Virginia. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36539-111703. A RESOLUTION setting forth a policy for the disposition of City Surplus Tangible Personal Property. WHEREAS, City staff has determined that by adopting a policy for the disposition of City Surplus Tangible Personal Property as set forth in the City Manager's letter to Council dated November 17, 2003, there could be a more efficient disposition of such property. THEREFORE, be it resolved by the Council of the City of Roanoke as follows: 1. The City Council hereby adopts the policy set forth in this resolution for the disposition of City Surplus Tangible Personal Property. 191 2. The following policy will apply to the disposition of City Surplus Tangible Personal Property: a. Reallocate to City departments. Attempt to sell vehicles and other items of significant value on the internet or by other appropriate means. Give usable surplus tangible personal property, not disposed of above, to Roanoke City Public Schools (RCPS) subject to RCPS accepting the property. RCPS will have the right to decide whether to accept individual items of surplus property. The decision of whether or not RCPS will accept the property will be made before transporting the property to the RCPS storage facility. RCPS will store the property and dispose of it as it wishes, including the sale of such surplus property. Any surplus tangible personal property not disposed of above will be disposed of by sending it to the landfill or other proper disposal facility, or such property may be recycled or given to an entity that may be able to use it. Disposal of surplus tangible personal property in some other way than outlined above may be done only by a separate action of City Council, as City Council may deem appropriate. 3. The City Manager is authorized to adopt appropriate procedures and to take the necessary action to implement and administer the above policy. 192 - 4. This resolution shall be effective on and from the date of its passage. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36540-111703. AN ORDINANCE authorizing the City Manager to enter into an agreement between the City of Roanoke and Total Action Against Poverty in Roanoke Valley, Inc. to renovate and equip the Dumas Center for Artistic Development, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an agreement with the Total Action Against Poverty in Roanoke Valley, Inc. to renovate and equip the Dumas Center for Artistic Development, upon such terms and conditions as are more particularly described in the City Manager's letter dated November 17, 2003, to this Council. 193 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED J~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36541-111703. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1A3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for designing realignments for a portion of Piedmont Street near its intersection with Hamilton Terrace, S. E. and portion of Hamilton Terrace, S.E., near its intersection with Belleview Avenue, S.E., to accommodate the proposed greenway which is part of the Roanoke River Flood Reduction Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Amendment No. IA3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for designing realignments for a portion of Piedmont Street near its intersection with Hamilton Terrace, S.E. and a portion of Hamilton Terrace, S.E., near its intersection with Belleview Avenue, S.E., to accommodate the proposed greenway which is part of the Roanoke River Flood Reduction Project, all as more fully set forth in the letter to this Council dated November 17, 2003. 2. Amendment No. 1A3 will provide authorization for additions in the work with an increase in the amount of $31,212.00 to the contract, all as set forth in the above letter. 194 Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36542-111703. A RESOLUTION initiating on behalf of the Council of the City of Roanoke, an amendment to ~36.1-25, Definitions, and §36.1-207, Special exception uses, of the Code of the City of Roanoke (1979), as amended, to permit the establishment of outpatient mental health and substance abuse clinics as a special exception use in only the C-2, General Commercial District, of the City of Roanoke. WHEREAS, §15.2-2286(7), of the Code of Virginia (1950), as amended, provides, inter alia, that whenever the public necessity, convenience, general welfare or good zoning practice requires, the governing body of a locality may, by resolution, initiate an amendment to the zoning regulations of the locality; and WHEREAS, the City Council for the City of Roanoke hereby finds that the public necessity, convenience, general welfare and good zoning practice require consideration of an amendment to the zoning regulations of the City of Roanoke, permitting outpatient mental health and substance abuse clinics as a special exception use in only the C-2, General Commercial District, of the City of Roanoke. 195 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that pursuant to §15.2-2286(7) of the Code of Virginia (1950), as amended, the Council of the City of Roanoke hereby initiates, as requested by the City Manager for the City of Roanoke, an amendment to §36.1-25, Definitions., and §36.1-207, Special exception uses, of the Code of the City of Roanoke (1979), as amended, to permit the establishment of outpatient mental health and substance abuse clinics as a special exception use in only the C-2, General Commercial District, of the City of Roanoke, as set forth in the City Manager's letter dated November 17, 2003, to this Council, refers this matter to the Planning Commission for the Ci[y of Roanoke for further consideration and report to this Council, and requests that this matter be set for a joint public hearing between the Planning Commission and this Council on December 15, 2003, or as soon thereafter as is practical and expedient· APPROVED ATTEST: · ith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36543-111703. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2004 Session of the General Assembly· WHEREAS, the members of City Council ars in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; 196 WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 17, 2003, recommended to Council a Legislative Program to be presented at the 2004 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 17, 2003, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2004 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2004 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:15 p.m., on December 1, 2003. APPROVED ~j Mary F. Parker Ralph K. Smith City Clerk Mayor 1'97 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36544-111703. AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP) and the School Food Service Fund balance, and to appropriate a federal grant, amending and reordaining certain sections of the 2003-2004 School and School Food Service Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School and School Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: SCHOOL FUND Appropriations Machinery & Equipment Machinery & Equipment Machinery & Equipment Construction Vehicle & Equipment Machinery & Equipment Machinery & Equipment Furniture & Fixtures Motor Vehicles & Equipment Supplements Social Security Field Trips Testing/Evaluating/ Disseminating Food Educational & Recreational Supplies 030~65-6006-6009~801 030~65-6006-6106~821 030~65-6006-6100~821 030-065-6006-6302-0806 030-065-6006-6307-0821 030-065-6006-6681~821 030~65-6006-6681~822 030~65-6006-6684.0804 030-061-6117-6000-0129 030-061-6117-6000-0201 030-061-6117-6000~583 030-061-6117-6000-0584 030-061-6117-6000-0602 030~61-6117-6000~614 $ 9,700.00 3,881.00 43,189.00 11,228.00 2,298.00 18,482.00 128.00 7,500.00 40,000.00 3,129.00 22,000.00 20,000.00 4,800.00 7,500.00 198 - Revenues Federal Grant Receipts 030-061-6117-1102 97,429.00 Fund Balance Reserved for CMERP - School 030-3324 (96,4O6.00) SCHOOL FOOD SERVICE FUND Appropriations Machinery & Equipment 032-065-6006-6788-0821 Motor Vehicles & Equipment 032-065-6006-6788-0824 $ 11,230.00 34,538.00 Fund Balance Unappropriated Fund Balance 032 -3325 (45,768.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor 199 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36545-111703. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for adding to and modernizing Westside Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 17th day of November, 2003, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $3.1 million, for improving the present school building at the Westside Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at three percent (3%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $3.1 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED ~ Mary F. Parker City Clerk Mayor 200 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36546-111703. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for improving the present school building at Westeide Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $3.t million for the cost of improving the present school building at Westside Elementary School ("the Project"). 2. In accordance with U. S. Treasury Regulations '1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The maximum principal amount of debt expected to be issued for the Project is $3.1 million. This is a declaration of official intent under Treasury Regulation APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 201 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36547-111703. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Fallon Park Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 17th day of November, 2003, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $1.6 million, for improving the present school building at the Fallon Park Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at three percent (3%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $1.6' million from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor 202 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36548-111703. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for improving the present school building at Fallon Park Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $1.6 million for the cost of improving the present school building at Fallon Park Elementary School ("the Project"). 2. In accordance with U. S. Treasury Regulations '1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The maximum principal amount of debt expected to be issued for the Project is $1.6 million. 3. This is a declaration of official intent under Treasury Regulation '1.150- APPROVED Mary F. Parker City Clerk Mayor 203 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36549-111703. AN ORDINANCE amending and reordaining §36.1-445, Additional sign re.qulations, Division 3, Siqn Regulations, Article IV, Supplementary ReRulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsection (c) to permit roof signs within the H-1 Historic District under certain conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-445, Additional sign requlations, Division 3, Sign Regulations, Article IV, Supplementary Requlations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (c), to read and provide as follows: Sec. 36.1-445. Additional siqn regulations. In all districts, the following additional sign regulations shall be applicable: (c) Roof signs are prohibited in all districts, except for existing roof signs located or relocated within the H-1 Historic District, and th=t roof signs identifying a business on the premises where such sign may be erected when the topography of the land would preclude vision of permitted ground or wall signs from automobiles on nearby primary streets or highways serving the business, provided that under no circumstances shall any roof sign cause a structure to exceed the maximum height permitted in the particular district. 204 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36550-111703. AN ORDINANCE approving the Harrison-Washington Park Neighborhood Plan, and amending Vision 2001 - 2020., the City's Comprehensive Plan, to include the Harrison-Washington Park Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Harrison-Washington Park Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on October 16, 2003, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, November 17, 2003, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 205 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Harrison-Washington Park Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Harrison-Washington Park Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~j ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2003. No. 36551-111703. AN ORDINANCE authorizing the donation and conveyance of a thirty foot wide easement containing approximately 0.21 acres, on City-owned property located near Tinker Creek, S.E., identified by Official Tax No. 4321020, to Plantation Pipeline Company, to relocate an existing valve onto City property because the current valve location is under water part of the year, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 206 WHEREAS, a public hearing was held on November 17, 2003, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a thirty foot wide easement containing approximately 0.21 acres, on City-owned property located near Tinker Creek, S.E., identified by Official Tax No. 4321020, to Plantation Pipeline Company, to relocate an existing valve onto City property because the current valve location is under water part of the year, upon certain terms and conditions, as more particularly set forth in the November 17, 2003, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor 207 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2003. No. 36552-120103. AN ORDINANCE appropriating funds for the Workforce Investment Act Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wages Travel Marketing Supplies Insurance Contractual Services Leases Equipment Miscellaneous Telephone Contractual Services Payments to Other Governments Contractual Services 035-633-2301-8050 035-633-2301-8052 035-633-2301-8053 035-633-2301-8055 035-633-2301-8056 035-633-2301-8057 035-633-2301-8058 035-633-2301-8059 035-633-2301-8060 035-633-2301-8090 035-633-2302-8057 035-633-2302-8091 035-633-2305-8057 $ 45,852.00 1,649.00 990.00 990.00 507.00 23,199.00 1,814.00 1,155.00 495.00 495.00 337,022.00 28,610.00 328,680.0C Revenues Workforcelnvestment Act FY04 035-633-2301-2301 771,458.00 208 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, This 1st day of December, 2003. No. 36553-120103. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $771,458 and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $771,458 is hereby ACCEPTED. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept funding, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated December 1, 2003, to City Council. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 209 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2003. No. 36554-120103. AN ORDINANCE directing amendment of the Fee Compendium to establish the fee for outdoor dining permits for calendar year 2004; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to establish the outdoor dining permit fee to be $3.25 per square foot of space permitted by the City Manager, with a minimum three-month commitment from the applicant, for calendar year 2004, as set forth in the letter dated December 1, 2003, from the City Manager to this Council. 2. Pursuant to §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A~-FEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 210 -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2003. No. 36555-120103. AN ORDINANCE appropriating funds for the FY04 Sanctuary's Aggression Replacement Training and Education Program Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: ~ions Temporary Employee Wages 035-630-5098-1004 $ 17,572.00 Revenues Sanctuary's Aggression State Grant Receipts FY04 035-630-5098-5098 17,572.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-I'EST: Mary F. Parker City Clerk APPROVED Mayor 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December 2003. No. 36556-120103. A RESOLUTION authorizing the acceptance of a Juvenile Justice and Delinquency Prevention Title II Grant from the Department of Criminal Justice Services for the City's Crisis Intervention Center (Sanctuary) Aggression Replacement Training and Education Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Juvenile Justice and Delinquency Prevention Title II Grant from the Department of Criminal Justice Services (Grant No. 03-D32561102), in the amount of $17,571.50, to be used for the City's Crisis Intervention Center's (Sanctuary) Aggression Replacement Training and Education Program, as set out and described in the City's application for said grant, and as more particularly set forth in the City Manager's letter to this Council dated December l, 2003. 2. The City Manager is hereby authorized to execute any and all requisite documents, as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the grant. APPROVED Al-I-EST: Mary F. Parker City Clerk Ralph K. Smith Mayor 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2003. No. 36557-120103. AN ORDINANCE amending and reordaining Article II, Division ]., Section 6-22 Definitions, and Division 3, Section 6-52, Keeoino of danclerous doas: conditions of, Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, to revise the definitions of "dangerous dog" and 'vicious dog' and to increase the minimum amount of liability insurance procured and maintained by the owner of any dangerous dog to not less than $100,000.00; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 6-22, Definitions, of Division 1, Generally, Article II, Dogs Generally, of Chapter 6, Animals and Fow~l, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 6-22. Definitions. Dangerous dog. Any canine or canine crossbreed whiek thathas bitten. attacked, or inflicted injury on a person or companion animal, or killed a companion animal,' however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (1) if no serious physica/ injury as determined by a/icensed veterinarian has occurred to the other dog as a resu/t of the attack or bite or (2) both dogs are owned by the same person. No dog sha// be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog whi/e engaged with an owner or custodian as part of /awful hunting or participating in an organized, /awful dog handling e yen t. 213 Vicious dog. Any canine or canine crossbreed which that has (1) killed a person; (2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) continued to exhibit the behavior '¢¢~c~ that resulted in a previous finding, rendered in accordance with this article that the animal is a dangerous dog, provided that its owner has been given notice of that finding. 2. Section 6-52, Keeoinq of dangerous dogs; conditions, of Division 3, Danqerous and Vicious Dogs, Article II, Dogs Generally, of Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 6-52. Keepinq of danqerous dogs; conditions. (d) The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than fief ~.J~,,~,,,~,.~,~,~ one hundred thousand do#ars ($100,000.00) insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or police officer. ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of this Mary F. Parker City Clerk APPROVED Mayor 214 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2003. No. 36558-120103. A RESOLUTION appointing a new Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Margaret R. Baker, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October, 20, 2003; and WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Linda D. Frith, is hereby appointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 2003, and expiring on October 20, 2007, to fill a vacancy created by the expiration of the term of office of Margaret R. Baker on the Board occurring on October 20, 2003. APPROVED A'I-~EST: Mary F. Parker City Clerk Mayor 215 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2003. No. 36559-120103. A RESOLUTION appointing Evelyn W. Powers as City Treasurer for a term commencing upon her qualification and expiring on December 31, 2005.. WHEREAS, this Council has accepted the resignation of David C. Anderson, City Treasurer, effective December 31, 2003; WHEREAS, Mr. Anderson was elected for a term commencing January 1, 2002, and expiring December 31, 2005; and WHEREAS, this Council is desirous of appointing Evelyn W. Powers to fill the vacancy in the Office of City Treasurer created by the resignation of David C. Anderson, for a term commencing on Ms. Power's qualification and terminating December 31, 2005; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Evelyn W. Powers is hereby appointed as City Treasurer of the City of Roanoke for a term commencing upon her qualification and expiring December 31, 20O5. 2. Pursuant to §59 of the City Charter, before entering upon the duties of City Treasurer, Evelyn W. Powers shall qualify for office by taking the oath prescribed by general law of the Commonwealth. 216 3. Pursuant to §37 of the City Charter, before entering upon her duties as Treasurer, Evelyn W. Powers shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by Evelyn W. Powers and by the surety hereinafter approved in the sum of $1,000,000.00, conditioned upon the City Treasurer faithfully discharging her official duties in relation to the revenue of the City and such other official duties as may be imposed upon her by the City Charter and by ordinances of this Council. Council hereby approves the Fidelity and Deposit Company of Maryland, a corporate bonding company, authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the bond. APPROVED A'I-I'EST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36560-121503. A RESOLUTION paying tribute to The Honorable David C. Anderson, City Treasurer, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, David C. Anderson, has announced his retirement as City Treasurer effective December 31, 2003; WHEREAS, Mr. Anderson graduated from R.B. Worthy High School in Saltville, Virginia, and attended Emory and Henry College in Emory, Virginia, and Mr. Anderson moved to Roanoke in 1964 to attend National Business College, and upon graduation from National Business College in 1967, Mr. Anderson went to work for Appalachian Power Company; 217 WHEREAS, Mr. Anderson began his career with the City of Roanoke in 1969, working in the Auditor's Office and in the Department of Finance; WHEREAS, Mr. Anderson was appointed as Chief Deputy Treasurer for the City in 1978, and served in that position until he was appointed City Treasurer by City Council in June, 1996, to fill the unexpired term created by the resignation of the then City Treasurer, Gordon E. Peters; WHEREAS, Mr. Anderson was elected to the office of City Treasurer in 1997, and again in 2001, and has faithfully served Roanoke and its citizens in that capacity since his appointment and election, and including his earlier service as Auditor and Accountant, has a total of 34 years of service with the City of Roanoke; and WHEREAS, Mr. Anderson is a member of the Treasurer's Association of Virginia and has been active in the community through organizations including Huntington Court United Methodist Church; Williamson Road Life Saving Crew; Roanoke Emergency Medical Services; Council of Community Services; Roanoke Kiwanis Club; Williamson Road Action Forum; Williamson Road Masonic Lodge #163 A.F. & A.M.; Kazim Shriners; Scottish Rite of Freemasonry; and thc City of Roanoke Democratic Committee. THEREFORE, RE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recognizing and commending the many years of service rendered to the City of Roanoke and its people by The Honorable David C. Anderson. 218 - 2. The City Clerk is directed to transmit resolution to Mr. Anderson. APPROVED Mary F. Parker City Clerk an attested copy of this Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36561-121503. A RESOLUTION paying tribute to The Honorable Arthur B. "Bert" Crush III, Clerk of Circuit Court for the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Arthur B. "Bert" Crush, III, has announced his retirement as Clerk of the Circuit Court effective December 33., 2003; WHEREAS, Mr. Crush, a native of Roanoke, graduated from Hargrave Military Academy in Chatham, Virginia, and earned a B.A. from Methodist College in Fayetteville, North Carolina, and a J.D. from Hamlin University in St. Paul, Minnesota; WHEREAS, after graduation from law school, Mr. Crush practiced law in private firms in the Roanoke area; WHEREAS, Mr. Crush was elected to the office of Clerk of Circuit Court in 1991; 219 WHEREAS, Mr. Crush is the devoted father of two sons and has been involved in the community through their activities; WHEREAS, Mr. Crush faithfully served Roanoke and its citizens for 12 years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recognizing and commending the many years of service rendered to the City of Roanoke and its people by The Honorable Arthur B. "Bert" Crush III. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Crush. ATI'EST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36562-121503. AN ORDINANCE appropriating funds for additional deputy sheriff positions and establishing a new fee for the care of prisoners at the Jail, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 220 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Aoorooriations Regular Salaries VRS Retirement FICA 001-140-3310-1002 001-140-3310-1110 001-140-3110-1120 $ 59,042.00 6,494.00 4,516.00 Revenues Prisoner Care Fee 001-110-1234-1379 70,052.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED ~f Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36563-121503. A RESOLUTION concurring in the establishment by the Sheriff of an Inmate Fee Program pursuant to §53.1-131.3, Code of Virginia (1950), as amended, and approving four (4) full-time deputy sheriff positions needed within the jail and jail annex, beginning January 1, 2004, and continuing from year to year so long as the Inmate Fee Program is operated by the Sheriff. 221 WHEREAS, during the 2003 Session of the General Assembly, §53.1-131.3, Code of Virginia (1950), as amended, was enacted and provides that "any sheriff or jail superintendent may establish a program to charge inmates a reasonable fee, not to exceed $1.00 per day, to defray the costs associated with the prisoners' upkeep," and the Sheriff is desirous of establishing such program; ~ THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. City Council hereby concurs in the establishment by the Sheriff of an Inmate Fee Program pursuant to §53.1-131.3, Code of Virginia (1950), as amended, to defray the costs associated with the prisoners' upkeep. 2. City Council hereby approves the addition of four (4) deputy sheriff positions, needed within the jail and the jail annex, beginning January 1, 2004, and continuing from year to year so long as the Inmate Fee Program is operated by the Sheriff. A~I-EST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36564-121503. AN ORDINANCE appropriating funds to cover costs incurred as a result of flood damages and establishing a revenue estimate for federal reimbursements, amending and reordaining certain sections of the 2003-2004 General and Civic Facilities Funds Appropriations, and dispensing with the second reading by title of this ordinance. 222 -- BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General and Civic Facilities Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: GENERAL FUND Aoorooriations Contingency Construction & Development Supplies 001-300-9410-2199 001-620-4340-3011 $ 105,776.00 7,776.00 Revenues Flood Damage Reimbursements 001-110-1234-0707 113,552.00 CIVIC FACILITIES FUND Aporooriations Fees for Professional Services 005-550-7410-2010 23,453.00 Revenues Flood Damage Reimbursements 005-110-1234-0707 3,453.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-FEST: Mary F. Parker City Clerk APPROVED Mayor 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36565-121503. A RESOLUTION authorizing the acceptance of a grant of funds from the Federal Emergency Management Agency (FEMA) and the Virginia Department of Emergency Management, in connection with the flood emergency of February, 2003; and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Federal Emergency Management Agency and the Virginia Department of Emergency Management a grant in the amount of $137,005, such grant being more particularly described in the letter of the City Manager, dated December 15, 2003, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Federal Emergency Management Agency. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 224 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36566-121503. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia, (IDA), and Boxley Materials Company (Boxley) that provides for certain undertakings by the parties in connection with a road extension of Blue Ridge Drive located in the Blue Ridge Industrial Park in the City of Roanoke; and dispensing with the second reading by title of this Ordnance. WHEREAS, Boxley has purchased land in the City on which to build a cement facility and has agreed to construct a road extension for such facility and dedicate such road extension to the City; WHEREAS, Boxley has requested an economic development grant through the IDA to assist with the cost of such road extension; and WHEREAS, the City and the IDA wish to encourage Boxley in connection with the construction of the cement facility and the road extension in order to enhance and promote economic development within the City and the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the substance of the Performance Agreement among the City, the IDA, and Boxley as set forth in the attachment to the City Manager's letter to Council dated December 15, 2003, which provides for certain undertakings and obligations by Boxley, as well as certain obligations by the City. 2. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a Performance Agreement among the City, the IDA, and Boxley, upon certain terms and conditions as set forth in the City Manager's letter to Council dated December 15, 2003. The Performance Agreement shall be substantially similar to the one attached to such letter and in a form approved by the City Attorney. 225 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation and administration of such Performance Agreement. 4. Pursuant to the provisions of §12 of the City Charter, the second reading of this Ordinance by title is here by dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36567-121503. AN ORDINANCE authorizing an Amendment to the Contract for Management and Operation Services between the City of Roanoke and Lancor Parking, EEC., dated July 1, 2002, regarding a modification of such Contract; and dispensing with the second reading by title of this ordinance. · WHEREAS, the City entered into a Contract dated July 1, 2002, (Contract) with Lancor Parking, EEC., (Lancor) for management and operation services of certain City owned or controlled parking garages and surface parking lots (Parking Facilities), authorized by Ordinance No. 35966-070102; and WHEREAS, the City and Lancor amended the Contract by Amendment No. 1 dated October 21, 2002, (Amendment No. 1), authorized by Ordinance No. 36093- 101502; and 226 WHEREAS, the City and Lancor have agreed to modify Section 2(L) of the Contract relating to the performance bond requirement, as recommended by City staff. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council, in accordance with the City Manager's letter to Council dated December 15, 2003, hereby approves amending the Contract for Management and Operation Services between the City and Lancor dated July 1, 2002, involving the performance bond requirement as set forth in such letter. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the requisite Contract Amendment No. 2 with Lancor, such Amendment to be substantially similar to the one attached to the above mentioned letter, and in a form approved by the City Attorney, and to take such further action and to execute such further documents as may be necessary to implement and administer such Amendment No. 2. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED ~~,~ Ralph K. Smith Mayor 227 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15thday of December, 2003. No. 36568-121503. AN ORDINANCE amending and reordaining Article II, Real Estate Taxes Generally, Chapter 32. Taxation, of the Code of the City of Roanoke (1979), as amended, by amending §32-101.1, Generally, §32-101.3, Eligibility of commercial or industrial real I~rooertv. and §32-101.5, Application, of Division 5A. Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Properly Located in Either Enterprise Zone One or Enterprise Zone Two, for the purpose of eliminating Enterprise Zone One; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 5A, Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Either Enterprise Zone One or Enterprise Zone Two, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: DIVISION 5A. EXEMPTION OF CERTAIN REHABILITATED OR RENOVATED COMMERCIAL OR INDUSTRIAL REAL PROPERTY LOCATED IN ENTERPRISE ZONE TWO §32-101.1. Generally. The director of real estate valuation shall, upon application made and within the limits hereinafter provided, order exemption of real property tax on real property substantially rehabilitated or renovated for commercial or industrial use and located within the area of either ~,,~, ~,,,o~ ~,,,~ ,,,,~ ,,, enterprise zone two, as such area is shown on a map of ~nt~rpr~ z~,~ aha ~r enterprise zone two, which maps-ere map/son file in the office of the city clerk. 228 §32-101.3. Eligibility of commercial or industrial real orooertv. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated or renovated for commercial or industrial use within eJ:h~r ~nt~rprJ;a zc, n~ c, az or enterprise zone two, a structure shall meet all of the following criteria: (1) Be no less than fifteen (15) years of age and located within .L ......... ~,,,,~, zn:zrpr~z ,v,,~ ~,,~ ~, enterprise zone two. (2) Be rehabilitated or renovated so as to increase the assessed value of the structure by at least fifty thousand dollars ($50,000.00) or more; (3) Be designed for and suitable for commercial or industrial use after completion of such rehabilitation or renovation; (4) The structure has not received an exemption under Division5, exemption of certain rehabilitated real property, of this chapter; and (5) The rehabilitation or renovation must be completed within one (1) year after the date of the filing of the application for exemption. (b) The types of substantial rehabilitation or renovation improvements that will be considered as increasing the assessed value are limited to those made to the actual qualifying structure only. Other improvements, fees, or costs will not be considered. (c) Any new additions to the qualifying structure or any additional square footage over the prerehabilitation or prerenovation square footage will not be considered as increasing the assessed value of the qualifying structure or eligible for or considered for the tax exemption since the purpose of this incentive is to encourage rehabilitation or renovation of existing structures. 229 §32-101.5. Application. (a) Application for exemption of substantially rehabilitated or renovated real property from taxation under this division shall be filed by the owner of such property with the director of real estate valuation prior to commencement of any rehabilitation or renovation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of fifty dollars ($50.00). No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real estate valuation has verified that the rehabilitation or renovation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the director of real estate valuation has been denied access to the entire premises, either before or after the rehabilitation or renovation work for which the exemption has been sought, for purposes of determining whether the required rehabilitation or renovation has been completed and for appraising the property. The application for this exemption must be filed with the director of real estate valuation during the period of July 1,1996, through December 31, Z00.~ 2015, for property located within enterprise zone two --'~ ~---~-- .L_ _ ~ in order to be eligible for this exemption. (b) The burden of proof shall be on the applicant to show that the structure for which the exemption has been filed complies with all the eligibility criteria established by this division. The director of real estate valuation may require documentary proof of eligibility and, in such cases, documentation satisfactory to the director of real estate valuation shall be presented by the applicant. 2. This ordinance shall be in full force and effect as of January, 2004. 230 title of this ordinance is hereby dispensed with. Pursuant to Section 12, Roanoke City Charter, the second reading by A'I-I'EST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36569-121503. A RESOLUTION authorizing the donation of a City-owned vehicle to Total Action Against Poverty in Roanoke Valley, Inc., for use in its TAP Youth Build Program. WHEREAS, the City's policy relating to disposal of surplus equipment requires Council approval of donations by the City to other organizations, and Total Action Against Poverty in Roanoke Valley, Inc., has requested that a vehicle be donated for use in its TAP Youth Build Program, as is recommended in the City Managers letter to Council dated December 15, 2003; 231 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute any documents required in order to donate a disposable surplus vehicle, Shop #0817, to Total Action Against Poverty in Roanoke Valley, Inc. (TAP), for its use with its TAP Youth Build Program, to transport workers and equipment to various job sites, or whatever suitable use TAP deems appropriate. ATTEST: Mary F. Par~'~ker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36570-121503. AN ORDINANCE to establish revenue estimates and appropriate funding from the sale of property at RCIT and from the sale of property on Airport Road, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue 008-052-9632-9003 008-530-9818-9003 $ 825,000.00 42,000.00 Revenues Sale of RCIT Property Sale of Property on Airport Road 008-052-9632-1374 008-530-9818-9818 825,000.00 42,000.00 232 - Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36571-121503. AN ORDINANCE appropriating funds for Collection System Metering and Analysis Services, amending and reordaining certain sections of the 2003-2004 Water Pollution Control Fund Appropriations, and dispensing with the second reading by title of the ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Water Pollution Control Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: AooroorJations Reserve for Future Debt Service 003-510-3172-3027 Appropriated from General Revenue 003-510-8365-9003 $ (1,225,000.00) 1,225,000.00 233 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-I'EST: Mary. F. ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36572-121503. AN ORDINANCE authorizing the City Manager's issuance of a Change Order to Amendment No. 3 to the City's contract with Robinson Pipe Cleaning Company regarding the removing, transporting, and disposing of digested lagoon biosolids from the City's Water Pollution Control Plant; and dispensing with the second reading by title of this ordinance. WHEREAS, City Staff has recommended a Change Order be issued to Robinson Pipe Cleaning Company in connection with Amendment No. 3 which was dated September 3, 2002, to the City's contract with such company in order to reduce the minimum number of dry tons of biosolids to be removed under such Amendment No. 3 due to the unusually wet weather during the past year. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 234 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. I to Amendment No. 3 to the City's contract with Robinson Pipe Cleaning Company in order to reduce the minimum number of dry tons of biosolids to be removed from the City's Water Pollution Control Plant from 8,000 dry tons to 3,750 dry tons, all as more fully set forth in the letter to Council dated December 15, 2003. 2. This Change Order will provide authorization for deletions in the work with a decrease in the amount of the contract, all as set forth in the above letter. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith __ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36573-121503. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Robinson Pipe Cleaning Company for removing, transporting and disposing of digested lagooned biosolids from the City's Water Pollution Control Plant; and dispensing with the second reading by title of this ordinance. 235 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated August 2, 1999, with Robinson Pipe Cleaning Company extending such contract for removing, transporting and disposing of digested lagooned biosolids from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $89.66 per dry ton for the first 4,250 dry tons of biosolids removed and $90.83 per dry ton for the next 5,750 dry tons of biosolids removed, with a minimum of 8,000 dry tons of biosolids and a maximum of 10,000 dry tons of biosolids removed during the period of October 1, 2003 through September 30, 2004, for a minimum amount of $721,667.50 and a maximum amount of $903,327.50, as more particularly set forth in the letter of the City Manager to Council dated December 15, 2003. 2. The form of the amendment shall be approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-FEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36574-121503. AN ORDINANCE appropriating funds for expendable equipment in the Police department and establishing a DUI Offender Fee, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 236 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment 001-640-3113-2035 $ lO,O00.O0 Revenues DUI Offender Fee 001-110-1234-1412 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36575-121503. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding a new Section 20-17, Reimbursement of exl~enses incurred in resoondinq to DUI incidents and other traffic incidents, Article I, In General, to Chapter 20, Motor Vehicles and Traffic; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of new Section 20-17, Reimbursement of expenses incurred in resoondino to DUI incidents and other traffic incidents, Article I, In General, to Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: 237 ARTICLE I IN GENERAL § 20-:[7 Reimbursement of expenses incurred in responding the DUI incidents and other traffic incidents. A person convicted of violating any of the following provisions shall be liable in a separate civil action for reasonable expenses incurred by the city or by any volunteer rescue squad, or both, when providing an appropriate emergency response to any accident or incident related to such violation: The provisions of § §18.2-51.4, :[8.2-266 or 29.1-738 of the Code of Virginia (:[950), as amended, or similar city ordinances including §20-52, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; The provisions of Article 7 (§46.2-852 et seq.) of Chapter8 of Title 46.2 of the Code of Virginia (:[950), as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; The provisions of Article :[ (§46.2-300 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia (:[950), as amended, relating to driving without a license or driving with a suspended or revoked license; and The provisions of §46.2-894 of the Code of Virginia (:[950), as amended, relating to improperly leaving the scene of an accident. 238 Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed one thousand dollars ($1,000) in the aggregate for a particular accident or incident occurring in the city. In determining the 'reasonable expenses,' the city may bill a flat fee of one hundred dollars ($100) or a minute-by- minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the city, or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operations of a vehicle or other conduct as set forth herein. 2. This ordinance shall be in full force and effect on and after January 1, 2004. ;~-Pursuant to Section ordinance by title is hereby dispensed with. APPROVED 12 of the City Charter, the second reading of this Mary F. Parker City Clerk Mayor 239 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36576-121503. AN ORDINANCE to transfer funding from various projects related to change order number 3 for the Mill Mountain Greenway Project, amending and reordaining certain sections of the 2003-2004 Capital ProJects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 1999 Bond Funds Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated from 1999 Bond Funds from General Revenue from 1999 Bond Funds from 1996 Bond Funds from 1999 Bond Funds from 1999 Bond Funds from 1999 Bond Funds from General Revenue from 1996 Bond Funds 008-530-9811-9001 008-530-9789-9001 008-530-9756-9003 008-530-9795-9001 008-052-9689-9088 008-052-9695-9001 008-530-9788-9001 008-052-9721-9001 008-052-9721-9003 008-052-9721-9088 $(33,083.00) (30,000.00) (14,795.00) (8,887.00) (4,586.00) (3,925.00) (2,965.00) 78,860.00 14,795.00 4,586.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTF_ST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor 240 ---- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36577-121503. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with H. & S. Construction Company for changes in design and corrections to existing drainage problems in connection with the Mill Mountain Greenway; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 3 to the City's contract with H. & S. Construction Company for changes in design and corrections to existing drainage problems in connection with the Mill Mountain Greenway, all as more fully set forth in the letter to this Council dated December 15, 2003. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $102,559 to the contract, all as set forth in the above letter. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Aq-I'EST: Mary F. Parker City Clerk Ralph K. Smith Mayor 241 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36578-121503. AN ORDINANCE approving and authorizing execution of Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement among the City of Roanoke, the County of Roanoke and the Town of Vinton; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke, the County of Roanoke, and the Town of Vinton previously entered into a Roanoke Valley Regional Cable Television Committee Agreement dated June 9, 1992, that authorized the Committee to provide for the development, administration, and operation of cable television governmental, educational and institutional facilities and programming; and WHEREAS, the three jurisdictions have enacted Cable Television Franchise Ordinances effective October 31, 2003, and entered into Cable Television Franchise Agreements, pursuant to those ordinances, with CoxCom, Inc., d/b/a Cox Communications Roanoke; and WHEREAS, the Roanoke Valley Regional Cable Television Committee Agreement needs to be modified to reflect references to the recently adopted Cable Television Franchise Ordinances and Cable Television Franchise Agreements mentioned above. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the substance of the terms of Amendment No. I to the Roanoke Valley Regional Cable Television Committee Agreement attached to the City Manager's letter to Council dated December 15, 2003. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. i to the Roanoke Valley Regional Cable Television Committee Agreement in a form substantially similar to the one attached to the above mentioned City Manager's Letter. 242 - 3. The form of the Amendment shall be approved by the City Attorney. 4. The City Manager is authorized to take such further action and execute such additional documents as may be necessary to implement and administer such Amendment No. ! to the Roanoke Valley Regional Cable Television Committee Agreement and the Agreement itself. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-I'EST: Mary F. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36579-121503. AN ORDINANCE amending and reordaining §36.1-25, Definitions, of Article II, Construction of Languaoe and Definitions, and §36.1-207, Special excel, of Division 3, Commercial District Reaulations. of Article III, District Requlations, of Chapter 36.1, Zoning. of the Code of the City of Roanoke (1979), as amended, to permit the establishment of outpatient mental health and substance abuse clinics as a special exception use in only the C-2, General Commercial District, of the City of Roanoke; and dispensing with the second reading by title of this ordinance. 243 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-25, Definitions, of Article II, Construction of Lanquage and Definitions, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 36.1-25. Definitions. For the purpose of this chapter certain terms and words used herein shall be defined as follows: Outpatient mental health and substance abuse c/in/cs: 4n establishment which provides outpatient services primarily related to the treatment o£ mental health disorders, a/coho/, or other dru~7 or substance abuse disorders, which services inc/u#e the dispensing7 and administering7 of control/ed substances and pharmaceutical products by pro£ess/ona/ medical practitioners as licensed by the Commonwealth o£ V/r~7/n/a. 2. Section 36.1-207, Special exception uses, of Division 3, Commercial District Regulations, of Article III, District Requlations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 36.1-207. Special exception uses. The following uses may be permitted in the C-2 district by special exception granted by the board of zoning appeals subject to the requirements of this section: (4) Outpatient mental health and substance abuse c/in/cs. 244 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36580-121503. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 430, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Farren and Lynette Webb have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood Commercial District, to RM-1, Residential Multi-family, Low Density District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 15, 2003, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 245 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. 'I'HEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 430 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That parcel of land located at the corner of Yellow Mountain Road and Melcher Street, S.E., containing 0.379 acre, more or less, and designated on Sheet No. 430 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4300722, be, and is hereby rezoned from CN, Neighborhood Commercial District, to RM-1, Residential Multi-family, Low Density District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on November 6, 2003, and that Sheet No. 430 of the :L976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-I-EST: Mary F. Parker City Clerk Ralph K. Smith Mayor 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36581-121503. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Super D Holdings, L.L.C. has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 15, 2003, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: ,247 That property located at 414, 416, 418 and 420 Ninth Street, S.E., and designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4112708 through 4112711, inclusive, be, and is hereby, rezoned from C-2, General Commercial District, to CN, Neighborhood Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on November 26, 2003, and that Sheet No. 411 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36582-121503. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Norman R. and Marie A. Pratt have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; 248 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (~.979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 15, 2003, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: ~ Those certain parcels of land located at the intersection of Stewart Avenue, S. E. and Ninth Street, S.E, and designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4112016, 4112017 and 4112018, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on September 30, 2003, as amended on December 15, 2003, and that Sheet No. 411 of the 1976 Zone Map be changed in this respect. 249 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. 36583-121503. AN ORDINANCE authorizing the City Manager to enter into a lease with YMCA of Roanoke Valley, Inc., for the lease of City-owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412 and 1113413, and Official Tax Nos. 1011206, 1011209 and 1011210, when they become property belonging to the City, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form A P P R O V E D by the City Attorney, a lease with YMCA of Roanoke Valley, Inc., for the lease of City-owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412 and 1113413, and Official Tax Nos. 1011206, 1011209 and 1011210, when they become property belonging to the City, such lease beginning August 1, 2004, and terminating December 31, 2005, subject to an automatic renewal on a month to month basis, and upon the terms and conditions as more particularly set forth in the City Manager's letter dated December 15, 2003, to this Council. 250 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2004. No. 36584-121503. AN ORDINANCE authorizing the proper City officials to enter into a lease extension agreement between the City and The Hertz Corporation for use of an 87,120 square foot parcel of City-owned land at 1302 Municipal Road, N.W., for the operation of an automobile rental establishment, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a lease extension agreement with The Hertz Corporation for use of an 87,120 square foot parcel of City-owned land at 1302 Municipal Road, N.W., for such corporation's operation of an automobile rental establishment, for a term of five (5) years, beginning December 1, 2003, and ending November 30, 2008, at a total lease fee of $138,430 over the five-year period, as more particularly described in the City Manager's letter to this Council dated December 15, 2003. 251 m ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of this APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2003. No. 36585-121503. AN ORDINANCE authorizing the vacation and relocation of a portion of a sanitary sewer and drainage easement across Tax Map No. 1070605, located on Wildwood Road, S.W., and across a portion of the adjoining parcel identified as 1070603, authorizing the acceptance and dedication of a new sanitary sewer and drainage easement across a portion of the same properties, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the vacation of a portion of an existing sanitary sewer and drainage easement across Tax Map No. 1070605, located on Wildwood Road, S.W., and across a portion of the adjoining parcel identified as 1070603, as more particularly described in the City Manager's letter to this Council dated December 15, 2003. 252 2. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the acceptance and dedication of a new sanitary sewer and drainage easement, across Tax Map No. 1070605, located on Wildwood Road, S.W., and across a portion of the adjoining parcel identified as 1070603, as more particularly described in the City Manager's letter to this Council dated December 15, 2003. 3. The City Attorney is authorized to record the appropriate documentation providing for acceptance and dedication of a new sanitary sewer and drainage easement across Tax Map No. 1070605, and across a portion of the adjoining parcel identified as 1070603, as more particularly described in the City Manager's letter to this Council dated December 15, 2003. 4. Vacation of the aforementioned easements is made expressly contingent on all of the property owners involved dedicating the new easements to the City of Roanoke. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Aq-I'EST: Mary F. Parker City Clerk Ralph K. Smith Mayor 253 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2004. No. 36586-010504. A RESOLUTION paying tribute to A. Victor Thomas, a member of the Virginia House of Delegates, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mr. Thomas has represented the 17th District, which includes the counties of Botetourt and Roanoke, and the City of Roanoke, in the Virginia House of Delegates since his election in 1973, having been re-elected fifteen times; WHEREAS, Mr. Thomas will complete his present term in the House of Delegates effective January :~3, 2004, and will retire as the senior Democrat in the House, and the third-most senior Delegate overall; WHEREAS, Mr. Thomas is a native of Roanoke and graduated from Jefferson High School; WHEREAS, during his service with the United States Army from 1947- 1948, Mr. Thomas was assigned to the Panama Canal Zone; WHEREAS, Mr. Thomas was owner and operator with his wife and children of E. J. Thomas Market on Orange Avenue in Roanoke for 52 years, the Market having been founded by his father; WHEREAS, Mr. Thomas has been active in the Roanoke community through St. Andrews Catholic Church, the Roanoke Regional Chamber of Commerce, the Civitan Club, the American Legion, and Woodmen of the World; WHEREAS, Mr. Thomas has been a strong supporter of Roanoke area institutions, including the Roanoke Valley Graduate Center and the Roanoke Higher Education Center, Center in the Square and its museums, Virginia Transportation Museum, Mill Mountain Zoo, Roanoke Valley Greenway, Catawba Hospital and mental health programs, and TAP and related organizations, such as the Virginia Water Project and Project Discovery; WHEREAS, Mr. Thomas has been a strong supporter of the outdoors, of wildlife, of hunters and fishermen, and of the Department of Game and Inland Fisheries, and helped make Tinker Creek the first stocked urban trout stream in Virginia; and 254 - WHEREAS, as a Delegate, Mr. Thomas has served on the Conservation and Natural Resources Committee (chair 1980-2001), Militia and Police Committee, the Appropriations Committee, the Rules Committee, the Privileges and Elections Committee, and served as House Conferee the last two years; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recognizing and commending the many years of exemplary service rendered to the City of Roanoke and its people by A. Victor Thomas. resolution to Mr. Thomas. The City Clerk is directed to transmit an attested copy of this A'I-fEST: Mary F. City Clerk APPROVED ~h Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2004. No. 36587-010504. A RESOLUTION paying tribute to Clifton A. "Chip" Woodrum, III, a member of the Virginia House of Delegates, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mr. Woodrum has represented the 11th District, which includes parts of the County of Roanoke and parts of the City of Roanoke, in the Virginia House of Delegates since his election in 1980; WHEREAS, Mr. Woodrum will complete his present term as Delegate effective January 13, 2004; 255 WHEREAS, Mr. Woodrum graduated from the University of North Carolina at Chapel Hill (A.B., 1961) and the University of Virginia (LLR, 1964); WHEREAS, Mr. Woodrum practiced law at Dodson, Pence and Coulter in Roanoke from 1964-1998; WHEREAS, Mr. Woodrum established his own firm, Clifton A. Woodrum Attorney at Law, in 1998; WHEREAS, Mr. Woodrum has been active in the Roanoke community through St. John's Episcopal Church, Roanoke College Community Advisory Committee, Roanoke City Young Democratic Club, Roanoke Chamber of Commerce, and United Way; WHEREAS, Mr. Woodrum has been active in professional organizations including the Roanoke Bar Association, the Legal Aid Society of the Roanoke Valley, the Virginia Bar Association, and the Virginia Democratic Committee; WHEREAS, as a Delegate, Mr. Woodrum has served on the Virginia State Crime Commission (1982-2000, chair from 1995-1998); the Virginia Water Commission (1981-2000); the Committee on District Courts (1991-1996); the Commission on Educational Infrastructure (1997-2000); the Commission on Freedom of Information (1998-2000, chair 1998); the Electric Utility Deregulation Study Committee (1996-1999, vice chair 1996-1999, chair lC~99); the Legislative Transition Taskforce (Electric Utility Deregulation) (1999-2003, vice chair); the Freedom of Information Advisory Council (2000-2002, chair 2000); and on the General Laws, Commerce and Labor, and Privileges and Elections House Committees; WHEREAS, among the recognition he has received for outstanding service, Mr. Woodrum was selected for the 1982 Distinguished Service Award by the Virginia Association of Community Action Agencies; as 1985 Legislator of the Year by the Association of Retarded Citizens and by the Virginia Young Democrats; for the 1987 Award for Service to Education by the Virginia School Boards Association; as the 1992 Outstanding Legislator by the Virginia Sheriff's Association; for the 1994 Award for Contribution to Law Enforcement by the Virginia Chiefs of Police; for the 1996 Head Start Parents Award; for the 1997 Child Advocates Award by the Virginia Chapter of the American Academy of Pediatrics; for the 1999 and 2003 Freedom of Information Awards by the Virginia Coalition for Open Government; for the 1999 Outstanding Legislator Award by the Virginia Association of Chiefs of Police; for the 2000 Sunshine Award by the Society of Professional Journalists; and for the 2000 Service to the Commonwealth Award by the Common Cause of Virginia; 256 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recognizing and commending the many years of service rendered to the City of Roanoke and its people by Clifton A. "Chip" Woodrum, III. directed to transmit an attested copy of this 2. The City Clerk is resolution to Mr. Woodrum. A'I-I'EST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2004. No. 36588-010504. A RESOLUTION paying tribute to the William Fleming High School Football Team for its participation in the 2003 VHSL Group AA Division 4 Football Championship. WHEREAS, William Fleming High School Colonels had a record of 11-3 in their 2003 football season; WHEREAS, after winning the Blue Ridge District Championship, the Virginia High School League Region 3 Semi-Finals by defeating Blacksburg High School of Blacksburg, Virginia 6-0, the Region 3 Championship by defeeting Liberty High School of Bedford, Virginia 13-0, and the State Semi-Finals Championship by defeating Magna Vista High School of Henry County, Virginia 13-8, the Colonels won the privilege of competing in the 2003 VHSL Group AA Division 4 Championship game; WHEREAS, under the leadership of Coach Keith Smith, the Colonels played against the undefeated Powhatan Indians for the VHSL Group AA Division 4 Title at Liberty University on Saturday, December 13, 2003; 257 WHEREAS, the team members represented Roanoke with the highest level of performance, sportsmanship, and pride in adverse weather conditions against a worthy opponent and played to the best of their abilities in being defeated 6-0. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: l. Council adopts this resolution as a means of recognizing and commending the William Fleming High School Colonels for their outstanding efforts in the 2003 VHSL Group AA Division 4 Football Championship. 2. The City Clerk is directed to forward resolution to the Colonels' coach, Keith Smith. Mary F. Parker City Clerk APPROVED an attested copy of this Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2004. No. 36589-010504. AN ORDINANCE appropriating funds for vehicular equipment and revising the revenue estimates for sales of surplus vehicles and insurance recoveries, amending and reordaining certain sections of the 2003-2004 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. ~ BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 258 - Appropriations Vehicular Equipment 017-440-2642-9010 $ 313,000.00 Revenues Sale of Surplus Property 017-110-1234-0861 250,000.00 Insurance Recoveries 017-110-1234-0992 63,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2004. No. 36590-010S04. AN ORDINANCE appropriating funds for the Community Development Block Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Unprogramed CDBG-Other Unprogramed CDBG- Section 108 Loan 035-G03-0340-5189 035-G04-0440-5188 18,615.00 486,466.00 259 Revenues Other Program Income-RRHA 035-G03-0300-2203 4,692.00 Demolition 035-G03-0300-2204 1,443.00 Home Ownership Assist- Atlantic 035-G03-0300-2222 9,552.00 Rental Rehab Repayment 035-G03-0300-2240 2,928.00 Hotel Roanoke Section 108 Loan Repayment 035-G04-0400-2434 486,466.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2004. No. 36591-010504. A RESOLUTION approving certain Consolidated Plan for FY 2003-2004. amendments to the Five Year WHEREAS, each year, the City receives Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG) funding from the United States Department of Housing and Urban Development ("HUD") for certain programs and activities; WHEREAS, to receive such CDBG, HOME and ESG funding, the City must submit a Five Year Consolidated Plan ("Plan") and Annual Updates to HUD; 260 WHEREAS, substantial amendments to the Plan must undergo a 30-day public review and comment period and be approved by City Council; WHEREAS, unanticipated program income has been received as a result of a payment from the Hotel Roanoke, L.L.C., in excess of that which was budgeted, and funds exist from unexpended prior-year CDBG funds, which present an opportunity to assist a number of programs and activities of importance to the community; and WHEREAS, in order to implement new programs and activities and to fund existing programs and activities from the excess income, the Five Year Consolidated Plan must be amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the amendments to the Five Year Consolidated Plan as described in the City Manager's letter dated January 5, 2004, to this Council are approved. Aq-FEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2004. No. 36592-010504. AN ORDINANCE amending and reordaining §21-80, Discharqinq firearms, Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, exempting persons authorized by the City to cull male deer from the application of §21-80; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 21-80. Discharqinq firearms. 261 (a) It shall be unlawful for any person to shoot any gun, pistol or any other firearm within the limits of the city, except in case of urgent necessity. This section shall not apply to members of the city police force, persons authorized by the city to cull entteHess deer under the conditions of the Urban Deer Management Program Permit (DPOP) granted to the city by the Virginia Department of Game and Inland Fisheries, members of the established armed forces and members of bona fide gun clubs, shooting on ranges approved by the city council and established in the city for their use, and persons shooting in licensed shooting galleries. (b) A violation of this section shall constitute a Class 1 misdemenor. this ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2004. No. 36593-010504. AN ORDINANCE to appropriate funding for self insured claims, amending and reordaining certain sections of the 2003-2004 General and Risk Management Funds Appropriations and dispensing with the second readir, g by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General and Risk Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 262 - General Fund Appropriations Transfer to Risk Management Fund 001-250-9310-9529 $ 250,000.00 Fund Balance Reserved for Self-Insured Claims 001-3327 (250,000.00) Risk Manaqement Fund Revenue Transfer from General Fund 019-110-1234-1037 250,000.00 Retained Earninqs Reserve for Self-Insured Claims 019-3327 250,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2004. No. 36594-010504. A RESOLUTION extending an invitation to the Virginia Municipal League, expressing the desire of this Council that the City of Roanoke be the site for the Annual Meeting of the Virginia Municipal League in 2009. 263 WHEREAS, the City of Roanoke offers a unique blend of shopping, entertainment, cultural attractions, and a sense of place born of authentic history; WHEREAS, the City of Roanoke has completed much downtown revitalization, including among other things, a cultural center for all of western Virginia known as Center in the Square, a renovated Market area, an Intermodal Transportation Center; the Roanoke Higher Education Center is in operation, the O. Winston Link Museum will soon be open, and the O. Winston Link Railwalk, which connects the City Market area to the Virginia Museum of Transportation is now complete, along with new shops and parking facilities; WHEREAS, restoration of the 330-room Hotel Roanoke and construction of an adjoining 90,000-square foot Conference Center have been completed; WHEREAS, the Roanoke Neighborhood Advocates is a model for promoting citizen involvement to implement neighborhood improvement projects and revitalization; WHEREAS, the City hosted the highly successful 2003 Annual Meeting of the Virginia Municipal League (VML); WHEREAS, this City is desirous of serving as the host of the Annual Meeting of the VML in 2009; WHEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby officially expresses its desire to host the Annual Meeting of VML in 2009. 2. The City Manager is authorized to execute any forms required by VMI_ to be completed by a locality desiring to be considered as a conference site. APPROVED City Clerk Mayor 264 .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36595-012004. A RESOLUTION memorializing the late Ernest W. Ballou, a native of Roanoke and retired Judge of the Twenty-third Judicial Circuit of the Commonwealth of Virginia. WHEREAS, the members of Council learned with sorrow of the passing of Judge Ballou on Tuesday, January 6, 2004; WHEREAS, Judge Ballou grew up in Roanoke, was educated at Jefferson High School, Roanoke College and Emory and Henry College, and received his law degree from the School of Law of the University of Virginia in 1949; WHEREAS, Judge Ballou served as a Naval officer aboard the destroyer escort U.S.S. McClelland in the Pacific Theater during World War II, and was recalled to service during the Korean Conflict and served on active duty for 18 months; WHEREAS, Judge Ballou retired from the Naval Reserve in 1966, with the rank of Commander; WHEREAS, Judge Ballou practiced law for some 20 years, was one of the most respected members of the Roanoke bar, and served as president of the Roanoke Bar Association; WHEREAS, Judge Ballou in 1969 was appointed Judge of the Hustings Court of the City of Roanoke, one of the courts that, under Virginia's Judicial Reorganization Act of 1973, became the Circuit Court of the City of Roanoke, in the Twenty-third Judicial Circuit of Virginia; WHEREAS, Judge Ballou thereafter served with distinction as Circuit Judge until his retirement on December 31, 1986, afterwards sitting by designation in Roanoke and in difficult and complex cases elsewhere in the Commonwealth; WHEREAS, Judge Ballou focused on assuring that the business of the court was promptly and justly disposed of, and his acumen, ability and energy earned him respect of the legal community throughout the Commonwealth of Virginia, and he was a willing and able tutor to young lawyers; 265 WHEREAS, Judge Ballou took the lead in working closely with the City of Roanoke to assure that Roanoke's outmoded courthouse was replaced by a modern, safe, and adequate structure approved and funded by action of City Council, rather than mandated by Court order; WHEREAS, Judge Ballou was instrumental in random jury selection system which assured that community was fairly represented on jury panels; bringing to Roanoke a every segment of the WHEREAS, Judge Ballou was a devoted husband, father, and grandfather, who enjoyed spending time with his family, and was an avid weekend golfer. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of The Honorable Ernest W. Ballou, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Judge Ballou's daughter, Kathryn B. Clement, of Charlotte, North Carolina, and to his three sons, Ernest Wade Ballou, Jr., of Falls Church, Virginia, Eric E. Ballou, of Richmond, Virginia, and Robert S. Ballou, of Roanoke, Virginia. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of January, 2004. No. 36596-012004. A RESOLUTION memorializing the late James N. Kincanon, former City Attorney, and President and Secretary/Treasurer of the Roanoke Bar Association. 266 WHEREAS, the members of Council learned of the passing of Mr. Kincanon on December 26, 2003; WHEREAS, Mr. Kincanon was born in Clarksville, Mississippi, on January 8, 1912, the son of a minister, who moved the family to Roanoke soon after his birth; WHEREAS, Mr. Kincanon, who "read" the law, was self-taught and passed the State Bar examination on his first try, becoming licensed to practice law in Virginia on June 30, 1934; WHEREAS, Mr. Kincanon joined the Navy in 1942, during World War Il, and was Commanding Officer of LST-572, which took part in the Pacific campaign, delivering tanks, trucks, troops, and supplies to various islands and participated in the invasion of Okinawa; and in 1944, on a 10-day leave, Mr. Kincanon both met and married Louisa Frances Booth, his wife of 60 years; WHEREAS, Mr. Kincanon retired with the rank of Commander from the Naval Reserve in 1971; WHEREAS, Mr. Kincanon was hired as Assistant to the City Attorney on November 16, 1948, and was appointed City Attorney on May 5, 1965, and he served the City well and took pride is his careful guardianship of the legal position of the City until his retirement on January 5, 1977; WHEREAS, he served as a member of the City of Roanoke Centennial Commission and the Roanoke Valley Bicentennial Commission and was a Director of the Roanoke Valley Historical Society; WHEREAS, in April of 1976, the Roanoke Valley Historical Sc:iety proposed to City Council the renovation and restoration of the Crystal Spring Pumping Station building and the 71-year old Snow steam pump housed therein as a community Bicentennial project, and upon City Council's approval of the volunteer project, Mr. Kincanon worked diligently with numerous individuals, organizations and businesses to make this project become a reality and by August, 1976, it was substantially complete and ready for public view; and WHEREAS, Mr. Kincanon served as the Secretary-Treasurer of the Roanoke Bar Association for 50 years, and after his retirement as Secretary-Treasurer, in honor of his long service to the Roanoke Bar Association, the Board of Directors in 1997, established the James N. Kincanon Scholarship Fund, of which he was particularly proud. 267 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of James N. Kincanon, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Kincanon's widow, Frances B. Kincanon, Roanoke, Virginian, and to his sons and daughters-in-law, Peter and Ellen Kincanon, Hardy, Virginia, James N. Kincanon, Jr., Roanoke, Virginia, and John and Susan Kincanon, Santa Clarita, California. Al-rEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36597-012004. A RESOLUTION memorializing the late Lawrence H. Hamlar, a native of Roanoke and President and co-owner of Hamlar-Curtis Funeral Home. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hamlar on Wednesday, December 31,2003; WHEREAS, Mr. Hamlar grew up in Roanoke and graduated from Virginia State College and the Gupton-Jones School of Mortuary Science in Atlanta, Georgia.; WHEREAS, Mr. Hamlar and his wife, Constance Johnson Hamlar, started Hamlar- Curtis Funeral Home in 1952 with Cecil and Marilyn Curtis; 268 WHEREAS, Mr. Hamlar and several other African-American men who were avid golfers formed the Pine Valley Golf Association in 1959, which operated the Claytor family golf course to allow African-Americans to participate in the sport; WHEREAS, Mr. Hamlar played an important role in ending segregation in Roanoke during the 1960's through his involvement as a member of the biracial committee who helped integrate local lunch counters, movie theaters, golf courses, and hospitals; WHEREAS, Mr. Hamlar was a supporter of former Mayor Noel C. Taylor and helped to launch Dr. Taylor's political career by serving as his first campaign manager; WHEREAS, Mr. Hamlar was the first African-American member of Roanoke's exclusive Shenandoah Club; WHEREAS, Mr. Hamlar was an outspoken advocate of education and established funds at Roanoke College and Virginia Western Community College to aid minority students; WHEREAS, Mr. Hamlar was an active civic and business leader in the community and served on the boards of many local organizations including the Roanoke City School Board, Valley Bank of Roanoke, Roanoke College, Virginia Western Community College, the Science Museum of Western Virginia, Roanoke Symphony Orchestra, the Roanoke Ballet, the United Negro College Fund, Total Action Against Poverty, and Explore Park; WHEREAS, Mr. Hamlar also was a member of the Henry Street Revival Committee, the Design '85 Steering Committee, the State Advisory Council of the Small Business Administration, the Citizens Committee for Higher Education, Action '94, and the National Association for the Advancement of Colored People; WHEREAS, Mr. Hamlar was awarded the Noel C. Taylor Distinguished Humanitarian Award in 1993, named Citizen of the Year by Roanoke City Council in 2000, received an honorary doctorate of humane letters from Roanoke College, and was included in the Junior Achievement of Southwest Virginia Hall of Fame, the YMCA's Wall of Fame, and the Pine Valley Golf Association Hall of Fame. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 269 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Lawrence H. Hamlar, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hamlar's niece, Brenda S. Miller, of Roanoke, Virginia. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36598-012004. A RESOLUTION authorizing the City Manager to enter into a 2003-2004 Community Development Block Grant (CDBG) Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a 2003-2004 CDBG Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, as more particularly set forth in the City Manager's letter dated January 20, 2004, to Council, such agreement to be approved as to form by the City Attorney. A~-I'EST: Mary F. Parker City Clerk APPROVED Mayor 270 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36599-012004. AN ORDINANCE amending §7-5, Adopted; where copies filed, and §7-35, Definitions, of Article II, Buildinq Code, of Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke (1979), as amended, to update code enforcement regulations; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §7-5, Adopted; where copies filed, and §7-35, Definitions, of Article II, Buildinq Code, of Chapter 7, Buildinq Requlations, to read and provide as follows: Sec. 7-5. Adopted; where copies filed. The provisions, requirements and regulations contained in the Virginia Uniform Statewide Building Code ~ (~0~ ed/t/on), and each of the component parts, including, but not limited to, the BOE~ international ~ Building Code (-1-996) (2000 ed/t/on), the BE)E~ international Natioftat Property Maintenance Code (-[-996) (2000 edition), the International Plumbing Code (-~ (2000 ed/t/on)...~.L ~ ~ ,,~,, ~,,,, suppltn~nt, the International Mechanical Code (-~J96) (2000 ed/t/on), the National Electrical Code (2999 ed/t/on), the International Fuel Cas Code (2000 edit/on), the international Energy Conservation Code (2000 edition), and the international Residential Code for ~ ~ One and Two-Family Dwellings ~ (2000 ed/t/on) --~ ~- CA~,C "-~-'" ...... "-~- "~"~' including aH supplements to such component parts, as the same may from time to time hereaf'cer be amended by the State Board of Housing and Community Development, are hereby adopted by the city and ere incorporated herein by reference as if set out at length herein. The Virginia Un/form Statew/de Building Code (2000 edit/on), and /ts component parts, ~ shall be controlling in the 271 construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. Sec. 7-35. 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: ?ropertyma/ntena~;ce code means that portion of the building code entitled the BOCA /nter~;aHona/ Nstion~ Property Maintenance Code as referred to and adopted by reference in section 7-5 of this Code, and any amendments to the BOCA /~;ter~;at/o~;a/N-ation~ Property Maintenance Code, or subsequent editions. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor 272 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36600-012004. AN ORDINANCE appropriating funds for snow removal, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 001-530-4140-1003 $ 105,641.00 FICA 001- 530-4140-1120 8,081.00 Expendable Equipment 001-530-4140-2035 12,913.00 Motor Fuels & Lubricants 001-530-4140-2038 6,722.00 Chemicals 001-530-4140-2045 136,715.00 Contingency 001-300-9410-2199 (150,000.00) Regular Salaries 001-530-4110-1002 (120,072.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A-I-f EST: Mary F. Parker City Clerk Mayor 273 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of January, 2004. No. 36601-012004. AN ORDINANCE appropriating funds for the Police Department Domestic Violence Program Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 035-640-3326-1002 $ 26,897.00 City Retirement 035-640-3326-1105 2,044.00 FICA 035-640-3326-1120 2,058.00 Medical Insurance 035-640-3326-1125 3,024.00 Revenue~ VSTOP CY04 035-640-3326-3426 34,023.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-I-EST: Mary F. City Clerk APPROVED Ralph K. Smith Mayor 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36602-012004. A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the City by the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women grant offered by the Virginia Department of Criminal Justice Services in the amount of $34,023 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires an $11,341 in-kind match by the City, is more particularly described in the letter of the City Manager to Council, dated January 20, 2004. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 275 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36603-012004. AN ORDINANCE authorizing the City Manager to enter into an amendment to the Lease Agreement dated November 21, 2001, between the City and Blue Eagle Partnership, relating to certain property located at the Civic Mall, 1501 Williamson Road, Roanoke, Virginia, being leased for use by the Department of Human Services, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the Lease Agreement dated November 21, 2001, with Blue Eagle Partnership, in connection with changes in the description of the premises for use by the Department of Human Services, all as more particularly set forth in the City Manager's letter to this Council, dated January 20, 2004. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk ~~Ralph K. Smith Mayor 276 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36604-012004. AN ORDINANCE adopting procedures for the Public-Private Education Facilities and Infrastructure Act of 2002; authorizing the City's Director of General Services to make such procedures publicly available; authorizing the City Manager to take such further action as may be necessary to implement and administer such procedures; and dispensing with the second reading by title of this ordinance. WHEREAS, based upon the recommendations of staff, City Council has determined that it is in the best interest of the City to adopt procedures for the implementation and administration of the Public-Private Education Facilities and Infrastructure Act of 2002 pursuant to the provisions of Virginia Code Section 56-575.16, as amended. THEREFORE, BE IT ORDAINED by the Council by the Council of the City of Roanoke as follows: 1. As required by Virginia Code Section 56-575.16, as amended, City Council hereby approves and adopts the "City of Roanoke Procedures Regarding Proposals Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002," dated January 20, 2004, which is attached to the City Manager's letter to Council dated January 20, 2004. 2. The City's Director of General Services is hereby authorized and directed to make such procedures publicly available as required by the Act, which may include posting such procedures on the City's website. 3. The City Manager is hereby authorized to take such further action as may be necessary, including the development of guidelines, to implement and administer such procedures. 277 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36605-012004. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE AT NEGOTIATED SALE OF NOT TO EXCEED SIXTY MILLION DOLLARS ($60,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE AUTHORITY, AMONG OTHER THINGS, TO SELECT AN UNDERWRITER FOR SUCH BONDS, TO EXECUTE AND DELIVER TO SUCH UNDERWRITER A BOND PURCHASE CONTRACT BY AND BETWEEN THE CITY'AND SUCH UNDERWRITER, TO DETERMINE THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS, THE MATURITY DATES OF SUCH BONDS AND THE PRINCIPAL AMOUNTS OF SUCH BONDS MATURING IN EACH YEAR, THE INTEREST PAYMENT DATES FOR SUCH BONDS AND THE RATES OF INTEREST TO BE BORNE BY SUCH BONDS, THE REDEMPTION PROVISIONS AND REDEMPTION PREMIUMS, IF ANY, APPLICABLE TO SUCH BONDS AND TO APPOINT AN ESCROW AGENT FOR THE BONDS TO BE REFUNDED FROM THE PROCEEDS OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO SUCH UNDERWRITER; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE EXECUTION ANDDELIVERY OF AN ESCROW DEPOSIT AGREEMENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY 278 MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TG THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDSBE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION i. (a) (i) Pursuant to Section 47 of the Charter of the City, an election duly called and held in the City on November 8, 1994, and Ordinances Nos. 32131-080894 and 32132-080894 adopted by this Council on August 8, 1994, there were authorized to be issued, sold and delivered general obligation bonds of the City in the principal amount of $23,000,000, for the purposes specified in such ordinances. SECTION 2. (a)Pursuant to Ordinance No. 32791-121895 adopted by this Council on December 18, 1995, the City authorized and approved the issuance and sale of the general obligation bonds referred to in Section l(a)(i) hereof, such bonds having been issued in the principal amount of $23,000,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996A" (the "Series 1996A Bonds"), dated January 1, 1996 and maturing in varying principal amounts on February I in each of the years 1997 through 2014, both inclusive. (b) (i) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act of 1991 as then in effect, and Ordinance No. 32703-102395 adopted by this Council on October 23, 1995, there were authorized to be issued, sold and delivered general obligation public improvement bonds of the City in the principal amount of $8,300,000, for the purposes specified in Ordinance No. 32703-102395. (ii) Pursuant to Ordinance No. 32791-121895 adopted by this Council on December 18, 1995, the City authorized and approved the issuance and sale of the general obligation bonds referred to in Section l(b)(i) hereof, such bonds having been issued in the principal amount of $8,300,000, designated as the 'City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996B" (the "Series 1996B Bonds"), dated January 1, 1996 and maturing in varying principal amounts on February 1 in each of the years 1997 through 2014, both inclusive. 279 {¢) (i) Pursuant to Section 47 of the Charter of the City, an election duly called and held in the City on November 4, 1997, and Ordinances Nos. 33497-072197 and 33498-072197 adopted by this Council on July 21, 1997, there were authorized to be issued, sold and delivered general obligation bonds of the City in the principal amount of $39,030,000, for the purposes specified in such ordinances. (ii) Pursuant to Ordinance No. 33652-111797 adopted by this Council on November 17, 1997, the City authorized and approved the issuance and sale of a portion of the general obligation bonds referred to in Section l(c)(i) hereof, such bonds having been issued in the principal amount of $13,010,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997A" (the "Series 1997A Bonds"), dated December 15, 1997 and maturing in varying principal amounts on Augus~ I in each of the years 1998 through 2017, both inclusive. (iii) Pursuant to Resolution No. 34476-090799 adopted by this Council on September 7, 1999, the City authorized and approved the issuance and sale of the balance of the general obligation bonds referred to in Section l(c)(i) hereof, such bonds having been issued in the principal amount of $26,020,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999A" (the "Series 1999A Bonds"), dated October 1, 1999 and maturing in varying principal amounts on October I in each of the years 2000 through 2017, both inclusive, and on October 1, 2019. (d) (i) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), and Ordinance No 34255-041999 adopted by this Council on April 19, 1999, there were authorized to be issued, sold and delivered general obligation bonds of the City in the principal amount of $7,600,000, for the purposes spe(~ified in such ordinance. (ii) Pursuant to the Public Finance Act of 1991 and Ordinance No. 34362-062199 adopted by this Council on June 21, 1999, there were authorized to be issued sold and delivered general obligation bonds of the City in the principal amount of $2,500,000, for the purposes specified in such ordinance. 280 - Pursuant to Resolution No. 34476-090799 adopted by this Council on September ?, 1999, the City authorized and approved the issuance and sale of the general obligation bonds referred to in Section l(d)(i) and (ii) hereof, such bonds having been issued in the principal amount of $10,100,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999B (the "Series 1999B Bonds"), dated October 1, 1999 and maturing in varying principal amounts on October I in each of the years 2000 through 2017, both inclusive, and on October 1, 2019. (e) This Council deems it advisable and in the best interest of the City to authorize and provide for the issuance, sale and delivery of an issue of general obligation public improvement refunding bonds for the purpose of providing for the refunding of all or a portion of the $17,245,000 prircipal amount of the Series 1996A Bonds maturing on or after February 1, 2007 (the "Refunded 1996A Bonds"), all or a portion of the $6,355,000 principal amount of the Series :L996B Bonds maturing on or after February 1, 2007 (the "Refunded 1996B Bonds"), all or a portion of $7,150,000 principal amount of the 'Series 1997 Bonds maturing on or after August 1, 2007 (the "Refunded 1997A Bonds"), all or a portion of $17,575,000 principal amount of the Series 1999A Bonds maturing on and after October 1, 2010 (the "Refunded 1999A Bonds"), and all or a portion of $1,615,000 principal amount of the Series 1999B Bonds maturing on and after October 1, 2010 (the "Refunded 1999B Bonds"). The Refunded 1996A Bonds and the Refunded 1996B Bonds are hereinafter referred to collectively as the "Refunded 1996 Bonds", the Refunded 1999A Bonds and the Refunded 19991] Bonds are hereinafter referred to collectively as the "Refunded 1999 Bonds", and the Refunded 1996 Bonds, the Refunded 1997A Bonds and the Refunded 1999 Bonds are hereinafter referred to collectively as the "Refunded Bonds". SEI~TION3. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds, there are hereby authorized to be issued, sold and delivered not to exceed Sixty Million Dollars ($60,000,000) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). 281 (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. The Bonds of each series shall be sold to an underwriter for the Bonds of such series (the "Underwriter") selected by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event later than October 1, 2020), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30; day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date 282 - fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (i) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York CDTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SEGTION 4. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized -- and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SEC;TION $. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the C~ty. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (¢) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upor. the __ authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: 283 (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest (d) payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (e) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 6. (a) The principal of and premium, if any, and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for p,Jblic and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry only form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. ~ (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. 284 (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered 'owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. 285 (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SEC;TION 7. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; prov/ded, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the Underwriter (as such term is defined in Section 8(a)). (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SEC;TION 8. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 9. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds at a negotiated sale to the Underwriter, on or before July :~, 2004, at a price not less than ninety-five percent (95%) and not greater than one hundred seven percent (107%) of the principal amount of the Bonds, plus accrued interest from the date of the Bonds to the date of delivery thereof and payment therefor; prov/ded, however, that the Bonds allocable to the refunding of the Refunded 1996 Bonds may be sold to the Underwriter only if the refunding of the Refunded :~996 Bonds will result in net present value savings to the City of not less than $500,000 and a net present value savings ratio of not less than three 286 percent (3%), in each case based on the debt service on the Refunded 1996 Bonds, that the Bonds allocable to the refunding of the Refunded 1997A Bonds may be sold to the Underwriter only if the refunding of the Refunded 1997A Bonds will result in net present value savings to the City of not less than $200,000 and a net present value savings ratio of not less than three percent (3%), in each case based on the debt service on the Refunded 1997A Bonds, and SEC;TION 10. that the Bonds allocable to the refunding of the Refunded 1999 Bonds may be sold to the Underwriter only if the refunding of the Refunded 1999 Bonds will result in net present value savings to the City of not less than $500,000 and a net present value savings ratio of not less than four percent (4%), in each case based on the debt service on the Refunded 1999 Bonds, and provided furtherin no event shall the underwriting compensation to the Underwriter exceed three-quarters of one percent (3/4 of 1%) of the principal amount of the Bonds. This Council hereby further authorizes the City Manager and the Director of Finance to execute and deliver to the Underwriter a Bond Purchase Contract relating to the sale of the Bonds by the City to the Underwriter in such form as shall be SEC;TION 11. approved by the City Manager and the Director of Finance upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by their execution and delivery thereof. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds exceed five percent (5%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2%) of the principal amount thereof. (a) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the Underwriter a Preliminary Official Statement and a final Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-:].2 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of :Z934 ("Rule 15c2-12). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. 287 (b) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (¢) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 12. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. ' (¢) Subject to the sale and receipt of the proceeds of the Bonds,' the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. 288 - SEC;TION 13. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SEC;TION 14. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. $EC;TION 15. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. Mary F. Parker City Clerk Ralph K. Smith Mayor EXHIBIT A UNITED STATE5 OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES ..... No. R-__ I S ......... MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: I I L REGISTERED OWNER: PRINCIPAL SUM: DOLLARS 289 KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on ................. and semiannually on each ............ and ............ thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; prov/ded, ho~vever, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof at the office of ................................... , as the Registrar and Paying Agent, in the City of ............ , ........... Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tend~' for public and private debts. 290 - This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title ].5.2 of the Code of Virginia, ].950 (the same being the Public Finance Act of ].99].), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after .................. are subject to redemption at the option of the City prior to their stated maturities, on or after ..................... in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Prices Redemption Dates (Percentaqes of Principal (Both Dates Inclusive) Amount) __, tO _-, __, tO __, ............ , .... and thereafter 291 The Bonds of the series of which this Bond is one maturing on ......... .... are subject to mandatory sinking fund redemption on .......... , ....and on each .......... thereafter and to payment at maturity on ......... , .... in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal ( ) Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on ......... , .... which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement.] If this Bond is redeemable and this Bond (or any portion of the priricipal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. 292 Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to -- be dated as of the ....... day of ..........,200_. 293 [SEAL] CITY OF 'Mayor Attest: City Treasurer City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to mentioned proceedings. the within- as Registrar By: Authorized Signature Date of Authentication: 294 FOR transfer(s) VALUE RECEIVED ASSIGNMENT the undersigned hereby sell(s), assign(s) and unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing .................................................. , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. A'I-~EST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 295 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36606-012004. AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP), architect fees for the Patrick Henry High School project and several grants, amending and reordaining certain sections of the 2003-2004 School, School Capital Projects and School Food Service Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School, School Capital ProJects and School Food Servh:e Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: SchoolFund Appropriations Replacement - Machinery & Equipment 030-065-6006-6009-0801 $ 7,716.00.00 Additional - Machinery & Equipment 030-065-6006-6106-0821 2,093.00.00 Additional - Machinery & Equipment 030-065-6006-6100-0821 14,710.00.00 Replacement - Data Processing Equipment 030-065-6006-6302-0806 14,390.00.00 Additional - Machinery & Equipment 030-065-6006-6681-0821 630.00.00 Additional - Other Capital Outlays 030-065-6006-6682-0829 463.00.00 Additional - Furniture & Fixtures 030-065-6006-6896-0822 12,268.00.00 Interest 030-065-6007-6998-0902 (500,000.00) 296 Transfer to School Capital ProJects Fund Compensation of Supervisors Social Security Supplements Maintenance Service Contracts Conventions/Education Other Professional Services Conventions/Education Dues & Association Memberships Education & Recreational Supplies Security Guard Social Security Compensation of Teachers Social Security Retirement - VRS Health Insurance Professional Health Services Mileage Education & Recreational Supplies 030-065-6007-6999-9531 030-062-6596-6174-0124 030-062-6596-6174-0201 030-062-6596-6174-0129 030-062-6614-6102-0332 030-062-6614-6102-0554 030-062-6859-6311-0313 030-062-6859-6311-0554 030-062-6859-6311-0581 030-062-6859-6311-0614 030-062-6859-6685-0195 030-062-6859-6685-0201 030-062-6860-6100-0121 030-062-6860-6100-0201 030-062-6860-6100-0202 030-062-6860-6100-0204 030-062-6860-6100-0311 030-062-6860-6100-0551 030-062-6860-6100-0614 500,000.00 9,289.00 711.00 36,300.00 3,000.00 12,000.00 12,685.00 4,225.00 500.00 540.00 279.00 21.00 28,750.00 2,199.00 4,022.00 1,254.00 1,500.00 2,000.00 2,500.00 Revenue Federal Grant Receipts Fees Local Match Fees Federal Grant Receipts Fund Balance Reserved for CMERP - School School Capital Projects Fund Appropriations Appropriation from General Revenue Revenue TranSfer From School Fund School Food Service Appropriations Additional - Motor Vehicles & Equipment Fund Balance Unappropriated 030-062-6596-1102 030-062-6614-1103 030-062-6859-1101 030-062-6859-1103 030-062-6860-1102 030-3324 031-065-6066-6896-9003 031-065-6066-6896-1127 032-065-6006-6788-0824 030-3325 297 46,300.00 15,000.00 2,000.00 6,250.00 42,225.00 (52,270.00) 500,000.00 500,000.00 34,539.00 (34,539.00) 298 - Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-rEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36607-012004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 603, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. WHEREAS, Creekside Center, EEC. has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 20, 2004, after due and timely notice thereuf as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 299 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 603 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those two tracts of land located at the intersection of Shenandoah Avenue and Peters Creek Road, N.W., and designated on Sheet No. 603 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6030116 and 6030106, be, and are hereby rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, as set forth in the Petition filed in the Office of the City Clerk on November 4, 2003, and that Sheet No. 603 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36608-012004. A RESOLUTION creating the Western Virginia Water Authority. 300 --- WHEREAS, the Board of Supervisors of Roanoke County, Virginia ("County") and the City Council of the City of Roanoke, Virginia ("City") have determined that it is in the best interests of the Roanoke Valley to create the Western Virginia Water Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("Act"), and desire to do so by the adoption of concurrent resolutions, and a public hearing has been held in accordance with the requirements of §15.2-5104 of the Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. Creation of the Authority. There is hereby created the Western Virginia Water Authority ("Authority"). 2. Articles of Incorporation. The Articles of Incorporation o~ the Western Virginia Water Authority are as follows: ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County and the Council of the City of Roanoke have by concurrent resolution adopted the following Articles of Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended) ("Act"). ARTICLE I The name of the Authority shall be the Western Virginia Water Authority and the address of its principal office is 2012 South Jefferson Street, Suite 200, Roanoke, Virginia 24014. ARTICLE II The names of the incorporating political subdivisions are the County of Roanoke, Virginia and the City of Roanoke, Virginia. The County of Roanoke and the City of Roanoke, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from each incorporating political subdivision on the Board of the Authority: 301 (1) The inclusion of additional political subdivisions in the Authority; (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or the acceptance and treatment of waste water. (3) The recommendation to the governing bodies for the appointment of the seventh member of the Board of the Authority. ARTICLE III The Board of the Authority shall consist of seven members. The names, addresses, and terms of office of the initial members of the Board of the Western Virginia Water Authority ("Authority") are as follows: Elmer C. Hodge, County Administrator - 3 year term Roanoke County Administration Center 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 Michael W. Altizer, Board of Supervisors - 2 year term 3108 Valley Stream Drive Roanoke, VA 24014 H. Odell "Fuzzy" Minnix, Citizen - 4 year term 3314 Kenwick Trail, SW Roanoke, VA 24018 Darlene L. Burcham, City Manager- 3 year term Noel C. Taylor Municipal Building City Manager's Office 215 Church Avenue, Room 364 Roanoke, VA 24011 M. Rupert Cutler, City Council -2 year term 2865 Jefferson Street, SE Roanoke, VA 24014 302 - Robert C. Lawson, Jr., Citizen - 4 year term Suntrust Bank, Suntrust Plaza 10 Franklin Road, SE, 9t~ Floor Roanoke, VA 24001 P. O. Box 2867 Roanoke, VA 24001 George W. Logan - Citizen - 4 year term 2217 Crystal Spring Ave., SW, Suite 200 Roanoke, VA 24014 P. O. Box 1190 Salem, VA 24153 The terms of office of each of the initial members shall begin on the date of issuance of a certificate of incorporation or charter for the Authority by the State Corporation Commission. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - three City of Roanoke - three A seventh member shall be appointed jointly by the City of Roanoke and County of Roanoke. The six members of the Authority Board shall recommend to the City and the County the appointment of the seventh member. Thc City and the County shall ratify and confirm the appointment of the seventh member. If the City and the County fail to act or are unable to act within 60 days of the receipt of this recommendation, then the appointment of the seventh member shall be made by the judges of the Circuit Court for the 23'd Judicial Circuit. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and one member for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and one member for a two-year term. After the initial terms, each member shall be appointed for a four-year term or until a successor is appointed and qualified. The governing 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. 303 Each member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. ARTICLE IV The purposes for which the Authority is to be formed are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a water, waste water, sewage disposal and storm water control system and related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have all of the rights, powers, and duties of an authority under the Act. 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 the proposed projects. ARTICLE V The Authority shall serve the County of Roanoke, the City of Roanoke, and to the extent permitted by the Act and by the terms of these Articles and the Western Virginia Water Authority Member's Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. ARTICLE VI 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 incorporating political subdivisions. upon its adoption. Effective immediately. This resolution shall take effect immediately APPROVED Mary F. Parker City Clerk Mayor 304 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36609-0102004. AN ORDINANCE amending Ordinance No. 36313-051203, establishing compensation for the Sheriff, Treasurer, Commissioner of Revenue, Commonwealth's Attorney, and Clerk of Circuit Court for the fiscal year beginning July 1, 2003; authorizing execution of revised contracts with the Sheriff, Treasurer, Commissioner of Revenue and Clerk of Circuit Court with respect to their employees participating in the City's Classification and Pay Plans, to reflect a revised method for establishing the compensation of these officers; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. As of July 1, 2003, for the fiscal year beginning July 1, 2003, and ending June 30, 2004, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the City's Constitutional officers shall be their current salaries, (which are based on the salaries for their offices as authorized in the 2003 Appropriations Act of the Commonwealth, all of which, are for such officers serving populations of 100,000 to 174,999) plus 2.25%, totaling as follows: Sheriff - Treasurer - Commissioner of Revenue - Commonwealth's Attorney - Clerk of Circuit Court - $ 90,937.00 $ 84,955.00 $ 84,955.00 $112,752.00 $110,302.00 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 2, 2003; provided, however, that the increase provided for herein for the Clerk of Circuit Court shall take effect January 1, 2004. 3. On and after January 1, 2004, each Constitutional Officer shall have added to his or her annual salary the sum of $3,750, which sum has heretofore been paid annually to the ICMA in a lump sum on behalf of each Constitutional Officer as deferred compensation. After January 1, 2004, such payments to the ICMA will cease, and the $3,750 will be paid to each Constitutional Officer in equal bi-weekly amounts as part of the Constitutional Officer's regular salary. 305 4. The City Manager is hereby authorized, for and on behalf of the City, in order to implement this ordinance and to provide for the pay increase authorized herein, to execute revised contracts with the Commissioner of Revenue, Treasurer, Sheriff, and Clerk of Circuit Court, pertaining to their employees participating in the City's Classification Plans; this ordinance shall not take effect with regard to any such officer's salary until such revised contract has been executed by him. 5. It is the intent of Council that, in future years, the Constitutional Officers will receive the average percentage increase approved by City Council for City employees. 6. This ordinance amends Ordinance No. 36313-051203, adopted May 12, 2003, with regard to the salary of the Clerk of Circuit Court, and shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 7. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2004. No. 36610-012004. A RESOLUTION authorizing execution of an agreement and authorizing the City Manager to extend full benefits of participation in the City's Classification and Pay Plans to the Clerk of Circuit Court and her deputies and employees, upon execution by such constitutional officer of a written agreement between the City and her, relating to the Clerk's compliance with certain City ordinances, policies and procedures. 306 - BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor and the City Clerk are hereby authorized, for and on Behalf of the City, to execute and attest, respectively, and agreement between the City and the Clerk of Circuit Court providing that, in consideration for participation in the City's Classification and Pay Plans and other City benefits, such Clerk and her deputies and employees shall comply with Article Ill, Officers and Employees Generally, and Article IV, Personnel Manaqement Practices, of Chapter 2, Administration., of the Code of the City of Roanoke (1979), as amended, all Personnel Operating Procedures, all personnel regulations heretofore or hereafter promulgated by the City Manager and the Grievance Procedure and Affirmative Action Plan, as amended, of the City. 2. The terms of such agreement shall be indefinite continuing until terminated by written notice of the City or of the Clerk of Court or upon termination of the term of office of the Clerk of Circuit Court, whichever shall occur sooner. 3. The form of such agreement shall Attorney. APPROVED ATTEST: Mary F. Parker City Clerk be approved by the City Mayor 307 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2004. No. 36611-020204. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees who are called to active military duty and serve between October 1, 2003 and September 20, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who, between October 1, 2003, and September 30, 2004, is called to active duty related to our country's war on terrorism, subsequent to that employee's employment with the City, a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Any City vacation or paid leave used by such employees during active duty related to our country's war on terrorism shall be restored. 3. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 308 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2004. No. 36612-020204. AN ORDINANCE amending and reordaining §12-16, Adoption of Virqinia Statewide Fire Prevention Code; §12-17, Definitions; §12-18, Amendments; and §12- 19, Enforcement, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, and §20-74, Parkinch stoppinq or standinq in a fire lane, of Division 1, Generally, of Article IV, Stoppinq, Standinq and Parkinq, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to update code enforcement regulations; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §12-16, Adoption of Virqinia Statewide Fire Prevention Code; §12-17, Definitions; §12-18, Amendments; and §12-19, Enforcement, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Sec. 12-16. Adoption of Virqinia Statewide Fire Prevention Code. Pursuant to the provisions of section 27-97 of the Code of Virginia (1950), as amended, the city hereby adopts and incorporates by reference as if fully set forth herein afl6~a~ce~e the -1-996 Virginia Statewide Fire Prevention Code (2000 edition), as amended (hereinafter referred to in this chapter as the "5tatewide Fire Prevention Code'?, The A,'~,=' ,,,:--:-:- ~ ....... :.d- ~i;'~' ~,~.v~,,~,~-.,:-- ~..~.,u~:, 1~,, ,,,~,,,,,,.,,,-~,,,,,~ as the same has been promulgated by the State Board of Housing and Community and ...... : ............... Development " '- :~ '.."-- ' ~ ""~- h~r~r, The *~a96-Vifej~tia Statewide Fire Prevention Code, as adopted by the city, and regulations promulgated in connection therewith, shall be known as the City Fire Prevention Code. 309 Section 12-~.7. Definitions. Wherever the words "="-=-="-'= .... ju, ,,~,~,,v,, "local governrnent'Hs are used in the ~J96-Vifgiflia Statewide Fire Prevention Code adopted by the city, it shall mean the city, and Wwherever the term words, "'---' "local governing body"is are used in such-code the Statewide Fire Prevention Code, it shall be held to mean the city attorney councillor the city. Section 12-:[8. Amendments. The -~96-Vifgi~ie Statewide Fire Prevention Code adopted by the city is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section or-afire numbers appearing in this section refer to such numbers as they appear in the ~ Virginia Statewide Fire Prevention Code adopted by the city. Section ~ 6-105.1.4 is added to read as follows: F-lO5.1.4 Fire Off/c/a/. The code fire official shall be the fire marshal of the fire prevention division, or his the fire official's assistants. Section ~ F-106.3.2 is added to read as follows: ~ F-106.$.2 Investigation of fires. The code fire official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such occurrence is of a suspicious nature, the cc, d~ fire official shall immediately take charge of the physical evidence; and, in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, the coda fire official shall take means to prevent access by any person to the structure or premises until such evidence has been properly processed. The code fire official shall notify those persons designated by law to pursue investigations into such matters and shall further cooperate with the authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion. 310 Section ~ /-106.3.3 is added to read as follows: ~ F-106.3.3 Fire records. The code fire official shall keep a record of all fires and facts concerning the same, including investigation findings, statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby. Section ~ F.$05.4.1 is added to read as follows: ~ F.$05.4.1 Presumption in prosecution. In any prosecution under this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this section, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. Section ~ F-$05.4.2 is added to read as follows: F--3-H-:5 £-505.4.2 Impoundment of vehicle. Any vehicle parked in violation of this section may be impounded by, or at the request of, the police or fire department and held until the penalty provided and the towing and storage charges incurred are paid. Section ~ F-$03.4.$ is added to read as follows: ~ F-$05.4.$ Enforcement. This section shall be enforced by the code fire official and the Roanoke City Police Department. Section ~ £-$05.4.4 is added to read as follows: ~ ,c-$05.4.4 Penalty for violation of section F311.2 $05.4. Any person or firm in violation of the provisions of section F311.2505.4 of the -1-996 Virginia Statewide Fire Prevention Code adopted by the city shall be guilty of a traffic infraction, as provided in section 20-74 of this Code, and shall be subject to the penalties set out in section 20-89 of this Code. 311 Section F-1005.2.2.11 is added to read as fo//ows: F-1005.2.2.11 Maximum occupant/oad, it shah be un/awfu/ for any person to permit overcrowding or admittance of any person beyond the approved occupant /oad. The fire code officia/, upon finding overcrowded conditions or obstructions in ais/es, passageways, or other means of egress, or upon finding any condition which constitutes a hazard to /ife and safety, shah cause the occupancy, performance, presentation, spectac/e or entertainment to be stopped unti/ such a condition or obstruction is corrected and the addition of any further occupants prohibited unti/ the approved occupant/oad is reestab/isheu. Sec. 12-19. Enforcement. City ..... : The Fire Prevention Code '""~ '"--"-:- ~'' ~ fl.. " ...... "-- '--'~- -'~ .... -' ~-" '~-:- art~cl~ shall be enforced by the fire prevention division of the fire/EMS department, un/ess otherwise indicated. The chief of the fire department shall assign of-det-aH such members of the fire/EMS department as inspectors or other assistants as he the chief of the fire departmentmay deem necessary in administering and enforcing the provisions of such code. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §20-74, Parkinq, stoppinq or standing in a fire lane; of Division 1, Generally, of Article IV, Sto;)DinQ. Standinq and Parking, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: 312 Sec. 20-74. ParkJnq, stopping or standing in a fire lane. No person shall park, stop, or stand a vehicle in or otherwise obstruct a fire lane designated and marked by the fire marshal in accordance with section ~ $05.4 of the fi~ ~re;'~nt~n cod~ ~,f Statewide Fire Prevention Code as adopted bythe City of Roanoke. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of February, 2004. No. 36613-020204. AN ORDINANCE appropriating funds for the Fire Program Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of ' the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment < $5000 035-520-3234-2035 $ 22,202.00 Training and Development 035-520-3234-2044 10,000.00 Wearing Apparel 035-520-3234-2064 30,000.00 313 Recruiting 035-520-3234-2065 5,000.00 Regional Fire Training Academy 035-520-3234-9073 60,000.00 Revenues Fire Program FY04 035-520-3234-3234 127,202.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AI-I'EST: ~a~F. Pa~r er~' ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2004. No. 36614-020204. A RESOLUTION authorizing the acceptance of the FY2004 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of any documents required by the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Fire Programs of the FY2004 Fire Programs Funds Grant in the amount of $127,201.85. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute, deliver and file on behalf of the City any docUments required by the FY2004 Fire Programs Funds Grant. 314 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Department of Fire Programs in connection with the City's acceptance of the foregoing grant or with such project. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of February, 2004. No. 36615-020204. AN ORDINANCE to appropriate funding for the Roanoke Passenger Station Renovation Project, amending and reordaining certain sections of the 2003-2004 Capital ProJects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Fund Balance Unappropriated 008-530-9900-9003 $ 625,000.00 008-3325 (625,000.00) 315 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2004. No. 36616-020204. AN ORDINANCE granting a revocable license to permit the encroachment of an awning at a minimum height above the sidewalk of ten feet (10'), extending approximately two and one-half feet (2½') in the public right-of-way of Jefferson Street, S.E., from property bearing Official Tax No. 4011913, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Mai Chen ("Licensee"), a tenant of property owned by The Trustees of Roanoke College and bearing Official Tax No. 4011913, otherwise known as 616 Jefferson Street, S.E., within the City of Roanoke, to permit the encroachment of an awning at a minimum height above the sidewalk of ten feet (10'), extending approximately two and one-half feet (2½') in the public right-of-way of Jefferson Street, S.E., as more fully described in a letter of the City Manager to City Council dated February 2, 2004. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in §15.2-2010. 316 - 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in amounts not less than $1,000,000.00. This insurance requirement may be met by either homeowners insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Mai Chen, 616 Jefferson Street, S.E., Roanoke, Virginia 24011. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~../// APPROVED Aq-FEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 317 ACCEPTED and EXECUTED by the undersigned this ...... day of ............... ,2004. MAI CHEN COMMONWEALTH OF VIRGINIA § § To-Wit: ................................. The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of .............. ,2004, by Mai Chen. My Commission expires: .......................... Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36617-021704. AN ORDINANCE amending and reordaining §11.1-5, Land disturbinq permit requirements, and §11.1-6, Erosion and sediment control plan, of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, to conform the City Code with state requirements; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 11.1-5, Land disturbinq permit requirements, and §11.1-6, Erosion and sediment control plan, of Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and ~rovide as follows: 318 Sec. 11.1-5. Land disturbinq permit requirements. (d) As a prerequisite to engaging in the /and disturbing activities shown on the approved p/an, the person responsible for carrying out the plan shah provide the name of an individual holding a certificate of competence to the agent as provided by §10.]-$6, Code of Virginia (1950), as amended, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual ho/ding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of approval of the plan, and the person responsible for carrying out the p/an shah be subject to the penalties provided in this ordinance. (e) The certificate of competence requirement may be waived for an agreement in Heu ora p/an for construction ora single family residence. However, if a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a p/an shah correct the v/o/at/on and provide the name of an individual holding a certificate ofcompetence, as provided by §10.1-561, Code of Virginia (1950), as amended. Failure to provide the name oran individual ho/ding a certificate of competence shah be a violation of this ordinance. Sec. 11.1-6. Erosion and sediment control plan. (i) Any p:an._,_ _ ,~.,~. J,,,x ~-, ,-,,-'-, -'. ~"'~" '~'"~'"'~" "'"' actlvitT, ,~, ...... ,,~,," ,,~-- '~--',,,~, p~rs~n'5~, ..... ~** ~,,d ,,~,,,~,, ~,, e=,th~r that parson ..... =-- '= ''= - ' - h by t ~f C ' - ......" "-- -- th-t SUC ~.,~ ... ~,,,,~ (/) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shah file general erosion and sediment control specifications annuaHy w/th the 8oard for review and written comments. The specifications shall apply to: 319 1. Construction, installation or maintenance of electric, natural gas and telephone utility lines, and pipelines; and Z Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company. Individual approval of separate projects with subdivision 1 and2 of this subsection is not necessary when the Board approved specifications are followed. However, projects included in subdivisions 1 and 2 must comply with the Board approved specifications. Projects not included in subdivisions 1 and 2 of this subsection shall comply with the requirements of the City of Roanoke Erosion and Sediment Control Program. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AI-I'EST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36618-021704. AN ORDINANCE amending and reordaining §11.2-8, Quantity control - Generally, §11.2-9, Same - Volume, and §11.2-10, General criteria, of Article II, Technical Criteria, of Chapter 11.2, Stormwater Manaqement, of the Code of the City of Roanoke (1979), as amended, to conform the City Code with state requirements; and dispensing with the second reading by title of this ordinance. 320 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 11.2-8, Quantity control -- Generally, §11.2-9, Same --Volume, and §11.2-10, General criteria, of Article II, Technical Criteria, of Chapter 11.2, Stormwater Manaqement, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 11.2-8. Quantity control -- Generally. (b) For purposes of computing runoff, all pervious lands in the site shall be assumed prior to deve/opmentto be in good condition (if the lands are pastures, lawns or parks), with good cover (if the lands are woods), or with conservation treatment (if the lands are cultivated), regardless of conditions existing at the time of computation. Sec. 11.2-9. Same --Volume. In order to enhance water quality of stormwater runoff, all stormwater management plans must provide for the control of the water quality volume. The water quality volume shall be treated and provided for in a manner consistent with appropriate and applicable standards as set out in the design and construction standards and procedures, as referenced herein and made a part of these provisions, the Virginia Stormwater Management Handbook, first edition 1999, and the Virginia $tormwater Law and Regulations. Sec. 11.2-10. General criteria. (d) Outflows from a stormwater management facility shall be discharged to an adequate channel of and velocity dissipaters shall be placed at the outfall of all detention and retention basins and along the length of any outfall channel as necessary to provide a nonerosive velocity of flow from the basin to a channel. 321 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A1-FEST: Mary F. Parker City Clerk APPROVED ~h~~ ~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36619-021704. AN ORDINANCE amending and reordaining Ordinance No. 35640-110501; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 35640-110501, on November 5, 2001, City Council intended to permanently vacate, discontinue and close a small portion of Salem Avenue, S.W., near its intersection with Second Street, S.W.; WHEREAS, Ordinance No. 35640-110501 provided that it would be null and void, with no further action by City Council being necessary, if a plat of subdivision implementing the ordinance were not recorded within twelve months of the date of adoption of the ordinance; WHEREAS, Ordinance No. 35640-110501, became null and void, by its terms, when a plat of subdivision was not recorded within twelve months after the adoption of the ordinance; and WHEREAS, extension of the time in which the plat of subdivision can be recorded after adoption of the ordinance to thirty-six months, will effectuate the purpose of Ordinance No. 35640-110501. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 35649-110501 be amended to read and provide as follows, and that such ordinance be reordained as amended: 322 - BE IT FURTHER ORDAINED that if the above conditions have not been met within thirty-six (36) months from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 35640-110501 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A-I-FEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36620-021704. AN ORDINANCE authorizing an amendment of a parking lease agreement between the City of Roanoke and Crown Roanoke LLC; and dispensing with the second reading by title of this ordinance. WHEREAS, by Parking Lease Agreement dated May 1, 1984, authorized by Ordinance No. 26871 adopted January 30, 1984, as amended by Ordinance No. 26946 adopted April 9, 1984, the City of Roanoke leased to 111 Franklin Road Joint Venture, the predecessor in interest to Crown Roanoke LLC, 250 parking spaces at the City's Parking Facility located at 201 Tazewell Avenue, Roanoke, Virginia (a/k/a Williamson Road Parking Garage); WHEREAS, such Lease Agreement was assigned to Crown Roanoke LLC by assignment dated October 30, 1997, in connection with Crown's purchase of the property located at 111 Franklin Road, Roanoke, Virginia; 323 WHEREAS, Crown has requested the City to reduce the number of parking spaces that are to be made available under the Lease Agreement from 250 to 196, effective as of May 1, 2003, at which time such 54 parking spaces were allocated to other customers of the City, and that Crown would continue to pay for the remaining 196 parking spaces in accordance with the terms of the Lease Agreement; and WHEREAS, City staff has reviewed the matter and believes that the reduction of 54 parking spaces would be beneficial to both parties and they will be able to continue to make such 54 parking spaces available to other users of the Parking Facility on a regular basis, as has been done since May 1, 2003. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute an Amendment to the Parking Lease Agreement dated May 1, 1984, referred to above which will reduce the number of parking spaces the City is to make available under such Parking Lease Agreement from 250 to 196 spaces, in accordance with the City Manager's letter to Council dated February 17, 2004. 2. The City Manager is authorized to take such further action and execute such further documents as may be reasonably necessary to provide for the implementation and administration of such Amendment and the Parking Lease Agreement. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. A'I-I-EST: Mary F. Parker City Clerk APPROVED 324 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36621-021704. AN ORDINANCE to establish revenue estimates and to appropriate funding for the September 2003 Household Hazardous Waste Collection Day, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Other Governments 008-660-9783-8999 $ Revenues HHWD - Roanoke County 008-660-9783-9793 HHWD - City of Salem 008-660-9783-9794 HHWD - Town of Vinton 008-660-9783-9796 HHWD - Botetourt County 008-660-9783-9797 28,288.00 19,650.00 3,373.00 1,088.00 4,177.00 APPROVED A~-FEST: Mary F. Pa City Clerk Mayor of this ordinance by title is hereby dispensed with. Pursuant to the provisions of Section 12 of the City Charter, the second reading 325 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36622-021704. A RESOLUTION endorsing and adopting the Ozone Early Action Plan for the Roanoke Valley Area. WHEREAS, clean air is essential for quality of life, economic development, and the general public well-being of the Roanoke Valley Area; WHEREAS, the United States Environment Protection Agency (EPA) established a revised 8-hour ozone standard in 1997 that was set at 0.085 part per million (ppm), averaged over a three-year period; WHEREAS, the ozone monitoring station in the Roanoke area (in the Town of Vinton) currently has a design value of 0.085 ppm that would qualify the area for the designation of non-attainment area for ozone under the Clean Air Act (CCA) of 1990; WHEREAS, the EPA has developed and endorsed the air quality planning roncept of Early Action Compacts, where an area that marginally exceeds the ozone standard can enter into a voluntary agreement with state and federal governments to develop and implement and Early Action Plan to reduce proactively ozone levels and come and come into compliance with the standard; WHEREAS, elected officials representing the Cities of Roanoke and Salem, the Counties of Botetourt and Roanoke, and the Town of Vinton, acting through the Roanoke Valley Area Metropolitan Planning Organization (MPO), entered into an Ozone Early Action Compact with the Virginia Department of Environmental Quality (VDEQ) and the Federal Environmental Protection Agency (EPA) in December 2002; WHEREAS, the Ozone Early Action Compact authorized the establishment of an Early Action Plan Task Force and the development of a regional Early Action Plan consisting of local, State and National strategies to bring the Roanoke Valley area into attainment with the 8-hour Ozone standard by 2007; WHEREAS, in response, the Early Action Plan Task Force has developed and submitted an Early Action Plan for consideration and adoption by the localities that have entered into the Early Action Compact; WHEREAS, the Early Action Plan contains specific commitments and responsibilities to be undertaken by the localities that have entered into the Early Action Compact; 326 WHEREAS, technical analyses conducted by VDEQ and EPA indicate that air quality is expected to improve in the Roanoke Valley area by 2007; WHEREAS, the City Council of the City of Roanoke is fully committed to fulfill these specific commitments and responsibilities under the Ozone Early Action Plan; and WHEREAS, furthermore, the City Council is fully committed to the regional cooperation and coordination necessary to bring the area into attainment, as measured by the regional Ozone monitor, for the 8-hour Ozone standard in 2007. THEREFORE, BE IT RESOLVED by the Council the City of Roanoke as follows: 1. City Council hereby adopts, approves, and endorsees the regional Ozone Early Action Plan (EPA) dated January 22, 2004, which was attached to the City Manager's letter to Council dated February 17, 2004, including any minor changes that may be made to such EAP, and is committed to its implementation and success. 2. The City Manager is authorized to take such actions and execute such documents as may be necessary for the implementation and administration of such EAP, including any modification to such EAP. 3. The City Clerk is directed to send a signed copy of this resolution of commitment for from the City of Roanoke to the Director of the Virginia Department of Environmental Quality for processing and inclusion into the official State Implementation Plan, which once approved by EPA will make these commitments and responsibilities Federally enforceable. APPROVED A'I-I'EST: Mary F. Parker City Clerk Mayor 327 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 2004. No. 36623-021704. AN ORDINANCE to appropriate funding for GED Testing Services supported by a state grant, amending and reordaining certain sections of the 2003-2004 School Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations GED Examiners 030-062-6770-6334-0129 $ 3,858.00 FICA 030-062-6770-6334-0201 320.00 Revenues State Grant Funds 030-062-6770-1100 $ 4,178.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 328 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36624-021704. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Todd D. Conner has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, and C-2, General Commercial District, with conditions, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 17, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 328 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: 329 That tract of land located at 739 Townside Road, S.W., and designated on Sheet No. 549 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5490307, be, and is hereby rezoned from C-2, General Commercial District, and C-2, General Commercial District, with conditions, to LM, Light Manufacturing District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on January 16, 2004, and that Sheet No. 549 of the 1976 Zone Map be changed in this respect. 2. Ordinance No. 32214-102494, adopted October 24, 1994, rezoning a portion of the subject property to C-2, General Commercial District, with proffered conditions, be repealed. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36625-021704. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 328, Sectional :[976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, LSW-HMW Family Limited Partnership has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 33O WHEREAS, a public hearing was held by City Council on such application at its meeting on February 17, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 328 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land located at 622 Huntington Boulevard, N.E., containing 1.630 acres, more or less, and designated on Sheet No. 328 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3280102, be, and is hereby rezoned from CN, Neighborhood Commercial District, to LM, Light Manufacturing District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on January 22, 2004, and that Sheet No. 328 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-I'EST: APPROVED Mary F. Parker City Clerk Mayor 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36626-021704. AN ORDINANCE approving the Gilmer Neighborhood Plan, and amending Vision 200! - 2020, the City's Comprehensive Plan, to include the Gilmer Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Gilmer Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 15, 2004, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, February 17, 2004, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Gilmer Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Gilmer Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~ Mary F. Parker City Clerk Mayor 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36627-021704. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on February 17, 2004, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain twenty-four foot (24') alley between Official Tax Nos. 1020304, 1020305, 1020306, 1020310 and 1020314, extending on an east west axis beginning at Franklin Road and extending approximately 129 feet toward Third Street, S.W., with a ten foot alley between Official Tax Nos. 1020303, 1020304 and 1020305, extending on a north south axis beginning at the ten foot alley and extending approximately 52 feet 333 to the property line of Official Tax No. ~L020305 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner COhSistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BF IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 334 RE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-FEST: Mary F. Parker City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36628-021704. AN ORDINANCE granting a revocable license to permit the encroachment of an awning at a minimum height above the sidewalk of eight feet (8') and nine inches (9"), extending approximately forty-eight inches (48") in the public right-of-way of South Jefferson Street, from property bearing Official Tax No. 1011124, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 335 1. Permission is hereby granted the property owners, Bridget B. Meagher and Hugh A. Meagher ("Licensee") of the property bearing Official Tax No. 1011124, otherwise known as 105 South Jefferson Street, within the City of Roanoke, to permit the encroachment of an awning at a minimum height above the sidewalk of eight feet (8') and nine inches (9"), extending approximately forty-eight inches (48") in the public right-of-way of South Jefferson Street, as more fully described in a letter of the City Manager to City Council dated February 17, 2004. 2. Such license, granted pursuant to §15.2-20:~0, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may a~'ise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Bridge B. Meagher and Hugh A. Meagher, 105 South Jefferson Street, Roanoke, Virginia 24011. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 336 of this ordinance by title is hereby dispensed with. Pursuant to the provisions of §12 of the City Charter, the second reading Mary F. Parker City Clerk APPROVED Mayor ACCEPTED and EXECUTED by the undersigned this ...... day of ............... , 2004. BRIDGET B. MEAGHER HUGH A. MEAGHER COMMONWEALTH OF VIRGINIA §To-Wit: ................................. The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of .............. ,2004, by Bridget B. Meagher. My Commission expires: .......................... Notary Public COMMONWEALTH OF VIRGINIA § To-Wit: ................................. 337 The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of .............. ,2004, by Hugh A. Meagher. My Commission expires: .......................... Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2004. No. 36629-021704. AN ORDINANCE authorizing the granting of a twenty-foot (20') wide easement for the extension of existing electric power service on City-owned property, identified by Official Tax Nos. 2340104 and 2340108, to Appalachian Power Company d/b/a American Electric Power ("AEP"), for the purpose of providing underground electric service to the Roanoke Academy for Mathematics and Science, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on February 17, 2004, pursuant to ~15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document granting a twenty-foot (20') wide easement for the extension of existing electric power service on City-owned property, identified by Official Tax Nos. 2340104 and 2340108, to Appalachian Power Company d/b/a American Electric Power for the purpose of providing underground electric service to the Roanoke Academy for Mathematics and Science, upon certain terms and conditions, as more fully described in a letter of the City Manager to City Council dated February 17, 2004. 338 w reading of this ordinance by title is hereby dispensed with. City Clerk Pursuant to the provisions of Section 12 of the City Charter, the second Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36630-030104. A RESOLUTION memorializing the late Lee B. Eddy, a resident of the Roanoke Valley and former member of the Roanoke County Board of Supervisors. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Eddy on February 11, 2004; WHEREAS, Mr. Eddy was born and raised in Portland, Oregon; WHEREAS, Mr. Eddy worked as a firefighter with the U.S. Forest Service during the early years of WWII and, as a high school senior, enlisted in the Army Specialized Training Reserve Program; WHEREAS, Mr. Eddy studied electrical engineering at Oregon State University and, after graduation, worked for several years with Westinghouse Electric in Pittsburgh, Pennsylvania; 339 WHEREAS, Mr. Eddy went to work for Universal Oil Products of Des Plaines, Illinois in 1952, where he met his future bride, Nancy Purucker; WHEREAS, Mr. Eddy and his wife moved to the Roanoke Valley in 1962, and worked for the architectural/engineering firm of Hayes, Seay, Mattern & Mattern before joining the engineering partnership of Shumate, Williams, Norfleet and Eddy; WHEREAS, while Mr. Eddy enjoyed a productive, rewarding career, designing hundreds of lighting systems for regional buildings, his passion was local politics; WHEREAS, Mr. Eddy served three terms on the Roanoke County Board of Supervisors, first from 1968 to 1971, and later from 1990 through 1997, and as it Chair from 1992 to 1994; WHEREAS, during Mr. Eddy's service as a Supervisor, he was appointed by Governor George Allen to serve on the State Regional Competitiveness Act Advisory Committee; WHEREAS, Mr. Eddy served on numerous boards, commissions and associations, and he served with distinction on the Fifth Planning District Commission, the Roanoke County Recycling Advisory Committee, the Clean Valley Council, the Roanoke County Resource Authority, and the Roanoke Valley Greenway Commission, and was an early and tireless advocate of the Roanoke Valley Greenways project; and WHEREAS, in recent years, Mr. Eddy produced a public access cable television show, which detailed the week's political events throughout local government. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Lee B. Eddy, and extends t., his family its sincerest condolences. 340 2. The City Clerk is directed to forward an attested resolution to Mr. Eddy's widow, Nancy Eddy, of Roanoke, Virginia. A'I-rEST: Mary F. Parker City Clerk copy of this APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36631-030104. A RESOLUTION memorializing the late Greta Evans, a Iongtime resident of the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Evans on Sunday, February 22, 2004; and WHEREAS, Ms. Evans was born in West Virginia in 1935 and moved to Roanoke when she was three years old; WHEREAS, Ms. Evans graduated at the top of her class from Lucy Addison High School in 1953; WHEREAS, after graduation, Ms. Evans moved to New York City, where she attended City College. WHEREAS, after living in New York for 20 years, Ms. Evans returned to Roanoke in the early 1980s and worked for radio stations W-FOY and WVTF; WHEREAS, in 1983, Ms. Evans was hired at WSLS as the host and writer of "Reaching Out," a monthly community affairs program, and her duties expanded to include reporting on community issues and coordination of public service announcements for "Datebook." 341 WHEREAS, in 1985, Ms. Evans wrote the narration for "Henry St.!," a musical that helped raise money for the restoration of the Henry Street area and that also was credited with jump-starting the restoration of the Henry Street area and the Dumas Center for Artistic and Cultural Development; WHEREAS, Ms. Evans introduced area children to the African customs and lifestyles by speaking at Roanoke schools; her class, "Do African Children Like Candy, Too? Discovering African Art and Culture in Small Bites," used sweets to teach children about African heritage; WHEREAS, Ms. Evans volunteered for the Sister Cities program for years, especially working with Roanoke's Sister City of Kisumu, Kenya, and provided for several refugee families that came to Roanoke; WHEREAS, Ms. Evans was involved with the Harrison Museum of African American Culture; WHEREAS, Ms. Evans was known as a person who wanted to make a difference in her community, who once said "1 don't want merely to pass through this world, but to make a difference." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deep~st regret and sorrow at the passing of Greta Evans, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Evans's uncles, The Reverend Thomas Pleasant and Mr. Raymond Pleasant, of Roanoke, Virginia, and to her cousin, Enid Thompson, Temple Hills, Maryland. A'I-rEST: City Clerk APPROVED Mayor 342 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36632-030104. AN ORDINANCE authorizing the proper City officials to enter into a multi- year co-promotion agreement with JAM Theatricals, Ltd. ("JAM"), for the purpose of presenting a subscription series and stand-alone presentations for Broatlway type events at the Roanoke Civic Center, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest respectively, a multi-year co-promotion agreement between the City and JAM Theatricals, Ltd., upon certain terms and conditions, as further set forth in the attachment to the City Manager's letter to this Council dated March 1, 2004. Such co-promotion agreement requires, among its other provisions, that all losses and profits be split equally between the parties, provided, however, that the City's responsibility for such losses is subject to appropriations from Council. The co-promotion agreement is to be in a form substantially similar to the one attached to such letter, in a form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 343 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36633-030104. AN ORDINANCE to appropriate funding for the Foster Care Program, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the sarr~ are hereby, amended and reordained to read and provide as follows: Appropriations ADC Foster Care 001-630-5314-3115 $ 400,000.00 Special Needs Adoption 001-630-5314-3130 i75,000.00 Subsidized Adoption 001-630-5314-3155 70,000.00 Revenue Foster Care 001-110-1234-0675 645,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A-I-rEST: Mary F. Parker City Clerk APPROVED ~ Ralph K. Smith Mayor 344 .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36634-030104. AN ORDINANCE appropriating funds for the Federal and State Asset Forfeiture grants, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 035-640-3302-1003 $ 42,872.00 Investigation and Rewards 035-640-3304-2150 66,215.00 Revenues Asset Forfeiture-State 035-640-3302-3300 42,872.00 Federal Forfeiture Program 035-640-3304-3305 65,849.00 Federal Forfeiture-Interest 035-640-3304-3306 366.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'FI'EST: Mary F. Parker City Clerk Mayor 345 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The :].st day of March, 2004. No. 36635-030104. AN ORDINANCE amending and reordaining Division 1, Generally, and Division 2, Fair Housing Board, of Article III, Fair Housing Administration, of Chapter 16, Human Riqhts, of the Code of the City of Roanoke (1979), as amended, by amending and adding certain definitions and sections to effect amendments to the City's fair housing ordinance in order to be consistent with current federal and state fair housing regulations, revising the responsibilities of the Fair Housing Board, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 1, Generally, and Division 2, Fair Housing Board, of Article III, Fair Housing Administration, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ARTICLE III. FAIR HOUSING DIVISION 1. GENERALLY §16-147. Definitions. For the purpose of this article, the following words and combinations of words shall have the meanings ascribed thereto in this section: 8oard: The fair housing board created in division 2 of this article. Discriminatory housing practice: Any act that is unlawful under this art/de. Eider//ness: An individual who has attained his or her fifty-hfth birthday. Familia/Status: One or more individuals who have not attained the age of eighteen years being domiciled with (i) a parent or other person having legal custody of such individual or individuals; or (ii) 346 the designee of such parent or other person having custody with the written perm/ss/on of such parent or other person. The term Ufami/ia/ status" a/so includes any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years. For purposes of this section, '?n the process of securing legal custody" means having filed an appropriate petition to obtain legal custody of such minor in a court of competent jurisdiction. Family: One or more individuals, whether male or female. Hand/cap: With respect to a person, (i) a physical or mental impairment which substantially limits one or more of such person's major life activities, (ii) a record of having such an impairment, or (i/i) being regarded as having such an impairment. The term does not include current, illegal use of, or addict/on to a control/ed substance as defined by Virginia or federal/aw. Neither the term '?ndividual with hand/cap" nor the term "hand/cap" shall apply to an individual solely because that individual is a transvestite. Housing". Any building, structure, facility or portion thereof, located in the city, that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one (1) or more individuals, groups or families; and any vacant land located in the city offered for sale or lease for the purpose of constructing or locating such building, structure or facility; including any interest in housing, as so defined, fee simple, leasehold or other. Housing for older persons: Housing (i) provided under any state or federal program that is specifically designed and operated to ass/st elderly persons, as defined in the state or federal program; or (ii) intended for and so/ely occupied by persons sixty-two years of age or o/der; or (iii) for, and so/ely occupied by at/east one person fifty-five years of age or o/der per unit. The fo/lowing criteria shall be met in determining whether housing qualifies as housing for o/der persons under clause (/ii) of this subsection: ]. At/east eighty percent of the occupied units are occupied by at/east one person fifty-five years of age or o/der per unit; and 347 2. The publication o~ and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or o/der. Housing shall not fail to meet the requirements for housing for o/der persons by reason of: Persons residing in such housing as of September 15, 1988, who do not meet the age requirements of clauses (ii) and (iii), provided that new occupants of such housing meet the age requirements of those clauses; or Unoccupied units, provided that such units are reserved for occupancy by persons who meet the provisions of clauses (ii) and (iii) Lending institution: Any bank, insurance company, savings and loan association or any other entity or person regularly engaged in the business of lending money or guaranteeing loans. Marital status: One (1) or more individuals, male or female, whether married or single. Person: One (1)or more individuals, whether male or fema/e. corporations, partnerships, associations, labor organizations, fair housing organizations, c/vii rights organizations, governmental entities, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries. Person in the business of building, developing, se/ling, renting or leasing housing. Any person who, within the preceding twelve (12) months, has participated, as principal or real estate broker, real estate salesman or rental agent, in three (3) or more transactions involving the sale, lease or rental of any housing. Persona/ residence: A building or structure containing living quarters occupied or intended to be occupied by no more than four (4) individuals, four (4) groups or four (4) families living independently of each other, and used by the owner thereof as a bona fide residence for himself and any member of his family forming his household. 348 - Rea/estate broker. A person doing business in the city who is the holder of a real estate broker's license issued pursuant to article 1 -3-or-tb-tic-~5 of chapter 21 I~ of title 54.1 of the Code of Virginia. Real estate salesperson: A person doing business in the city who is the holder of a real estate s-a~,~-mar~ sa/eperson's license issued pursuant to article 1 -3-or-eft~He-5 of chapter 21 I~ of title 54.1 of the Code of Virginia. To rent: To lease, to sublease, to/et or otherwise to grant for a consideration the right to occupy premises not owned by the occupant. §16-148. Discriminatory practices qenerally. It shall be contrary to the public policy and the intent of this article: A. For any person, solely on account of the race, color, religion, national origin, sex, age, familial status, elderliness, handicap, or marital status of any adult person: (1) To refuse to sell, lease, sublease, rent, assign or transfer to such adult person any housing. (2) To refuse to transact business with such adult person for the sale, lease, sublease, rental, assignment or other transfer of any housing. (3) To knowingly represent to such adult person that housing is not available for inspection, sale, lease, sublease, rental, assignment or other transfer, when in fact such housing is so available, and a~v,,~ (4) To knowingly represent to such adult person that housing is available for inspection, sale, lease, sublease, rental, assignment or other transfer at rates or on terms or conditions different from those at which or on which it is in fact available to the generality of persons. 349 (s) To discriminate in respect to the provision of services, facilities or other amenities connected with such adult person's ownership, lease, sublease, rental, possession or occupancy of housing. (6) To interfere with, interrupt, terminate, or otherwise mal~e unavailable such adult person's ownership, lease, sublease, rental, possession or occupancy of housing or other enjoyment of any interest therein. (7) To deny to such adult person access to, participation in or other benefit of, any multiple-listing service or other service or facility related to the business of selling or renting housing. B. For any person, solely on account of the race, color, religion, national origin, sex, age, familia/status, eider//ness, handicap, or marital status of any other person: (].) To include in the terms or conditions of any sale, lease, sublease, rental, assignment or other transfer of housing any condition or provision that purports to forbid or discourages or attempts to discourage the ownership, leasing, possession, occupancy or use of such housing by persons. (2) To print or publish or cause to be printed or published any notice, statement or advertisement, to announce a policy, to use any form of application or to make a record or inquiry in connection with the sale, lease, sublease, rental, assignment or other transfer of housing that indicates any preference, limitation or other discrimination based on race, color, religion, national origin, sex, age, familial status, eider//ness, hand/cap, or marital status of any adult person; or an intention to engage in any such preference, limitation or other discrimination. 350 - (3) To coerce, or attempt to coerce, any person to do any act declared to be a discriminatory housing practice, or to engage in economic reprisal or otherwise retaliate, or to coerce or attempt to coerce another person to engage in economic reprisal or otherwise retaliate against any person who has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this article. (4)(c-)For any lending institution, solely on account of the race, color, religion, national origin, sex, age, £ami/ia/ status, elderliness, handicap or marital status of any person, to discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available money for the purchase, acquisition, construction, alteration, repair or maintenance of any housing or to discriminate in the fixing of the rates, terms or conditions of any such financing or in the extension of service in connection therewith. (5)(d)For any person, knowingly and for monetary gain, to induce or attempt to induce another person to transfer an interest in real property, or to discourage another person from purchasing real property, by representations regarding the existing or potential proximity of real property owned, used or occupied by persons of any particular race, color, religion, national origin, sex, age, familia/status, elderliness, handicap, or marital status. (6)(e)For any person to solicit or attempt to solicit the listing of dwellings for sale or lease, by door to door solicitation, in person or by telephone, or by mass distribution of circulars, for the purpose of changing the racial composition of the neighborhood. To discriminate against any person in the terms, conditions, or pr/v/leges of sale or rental of a dwelling, or in the provision of services or fad/it/es in connection therewith because of a handicap of (i) that person, (ii) a person residing in or intending to reside in that dwelling after it was so so/d, rented or made available, or (iii) any 351 person associated with that buyer or renter. For the purposes of this section, d/scrim/nat/on includes: (i) a refusal to perm/t, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by any person if such modifTcat/ons may be necessary to afford such person fu// enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition perm/ss/on for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (//) a refusal to make reasonable accommodations in rules, practices, policies, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (iii) in connect/on w/th the design and construction of covered mu/ti-family dwellings for first occupancy after March 15, 1991, a failure to design and construct dwellings in such a manner thac The public use and common use areas of the dwellings are readily accessible to and usable by handicapped persons; AH the doors designed to a/Iow passage into and within aH premises are sufficiently wide to a/Iow passage by handicapped persons in wheelchairs; and AH premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical out/ets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom wa/is to a/iow later installation of grab bars; and there are usable kitchens and 352 bathrooms such that an individual in a wheelchair can maneuver about the space. As used in this subdivision the term 'covered mu/ti-family dwellings" means bu/Tdings consist/n9 of four or more units if such buildings have one or more elevators and 9round floor units in other buildings consist/n9 of four or more units. For any city official whose responsibility it is to account for, to invest, or manage public funds to deposit or cause to be deposited any public funds in any lending institution which is found to be committing discriminatory practices, where such findings were upheld by any court of competent jurisdiction. Upon the court's judicial enforcement of any order to restrain a practice of such /ending institution or for such institution to cease or desist in a discriminatory practice, the appropriate fiscal officer shall take immediate steps to have such funds withdrawn and redeposited in another/ending institution, if for reasons of sound economic management, this action wi//result in a financial loss to the city, the action may be deferred for a period not longer than one year. if the lending institution in question has corrected its discriminatory practices, any prohibition set forth in this section shall not apply. Compliance with the appropriate requirements of the American National Standards for Building and Facilities (commonly c/ted as "ANSI A]]7.]") or with any other standards adopted as part of regulations promulgated by HUD providing accessibility and usability for physically handicapped people shall be deemed to satisfy the requirements of 8(ii/)(c) of this section. Nothing in this article shall be construed to invalidate or limit any Virginia /aw or regulation which requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this article. 353 §16-149. Discriminatory practices by real estate brokers and others in housinq business. No real estate broker, real estate salesman or other person ir the business of building, developing, selling, renting, or leasing housing shall: (1) Solicit the sale, lease, sublease, rental, assignment or other transfer of housing or discourage the purchase, lease, sublease, rental, assignment or other transfer of housing, by representations regarding the existing or potential proximity of real property owned, used or occupied by a person or persons of any particular race, color, religion, national origin, sex, age, £ami/ia/ status, elderliness, hand/cap, or marital status; or (2) Knowingly offer for sale or lease, by sign or any other device representing that housing is available for inspection, sale, lease, sublease, rental, assignment or other transfer, when in fact it is not so available, and such fact is known by such broker, salesman or other person. §16-150. Notice to be posted by real estate brokers and others in housinq business. Every real estate broker and every other person in the business of developing, selling, renting or leasing housing, including every person who operates a multi-unit residential building containing more than (-2) 4 un/ts, except a personal residence, shall post, in a conspicuous location in that portion of his housing business normally used by him for negotiating the sale, rental or leasing of housing, a notice that contains the following language, printed in black on a light colored background, in not less than fourteen (14) point type: "It is contrary to public policy and to the intent of the Fair He-sing Ordinance of the City of Roanoke, Virginia, for any person to: Deny housing accommodations to any person because of race, color, religion, national origin, sex, age, £am//ia/ status, elderliness, hand/cap, or marital status; or 354 Discriminate against any person because of race, color, religion, national origin, sex, age, familia/ status, eider//ness, handicap, or marital status with respect to the terms, conditions or privileges of housing accommodations or in the furnishing of facilities or services in connection therewith. if you believe you have not been treated fairly, call the of Roanoke Department of Housin9 and Neighborhood Services." §16-151. Civil action by persons affected by discriminatory practices. Any person adversely affected by use of a discriminatory practice prohibited under this article may either: Institute an action for injunctive relief and damages against the person responsible for such discriminatory practice in a of competent jur/sdictio ...... COUrt /7~v., ..... · ~.,f ,~v,d ,,Gv,.,~ ~ in the city. If the court finds that the defendant was responsible for such a practice and that the complainant was adversely affected thereby, it shall enjoin the defendant from use of such practice and, in its discretion, award the complainant a~ma~ ali damages available de applicable b '":"" ............ '" (2) File a complaint with the secretary to the Fair Housing Board, as provided in section 16-176 of this art/cie. §16-152. Exceptions from article. Nothing contained in this article shall: (1) Apply to any single-family house sold or rented by an owner, provided that such private individual does not own more than three ($) single-family houses at any one time. in the case of the sale of any sing/e-family house by a private individual-owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sa/e, the exemption granted shall apply only w/th respect to one such sale within any twenty- 355 four month period; provided that such bona f/de private individual owner does not own any interest in, nor is there owned or reserved on his behalf,, under any express or voluntary agreement, t/tie to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one t/me. The sale or rental of any such single-family house shall be exempt from the application of this article only if the house is sold or rented (0 without the use in any manner of the sales or rental facilities or the sales or rental services of any person in the business of selling or renting housing, or of any employee, independent contractor, or agent of any broker, agent, salesperson or person and (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this chapter. However, nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional ass/stance as necessarv to perfect or transfer the t/tie. (1)(2)Bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination with regard to occupancy, leasing, sale or purchase of housing, or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained, un/ess membership in such religion is restricted on account of race, co/or, national or/g/n, sex, age, familia/status, eider//ness, hand/cap, or marital status. (3) Prohibit a private club, not in fact open to the public, which as an incident to its primary purpose provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preferences to its members. 356 (4) Be construed to bar any person from refusing to sell or rent d Iii n any _we...n= ,,,,,,.,, ,o ~,,,,,,,,~,, ~,,~,~,,~,~ ,~,, unmarried individuals cohabiting contrary to /aw to (-6)(5)Be construed to deny to any person any right or privilege guaranteed by the Constitution of the United States or by the Constitution of Virginia. ~,,~6)Be construed to require a sale or lease to a minor or to prohibit the refusal to sell or lease to a minor because of his age. (7) The familia/status protection shall not apply to housing for o/der persons. §Z6-153. Employment of personnel to enforce article. The city council or city manager may authorize employment of such personnel, in addition to the secretary ~ provided for in division 2, as are deemed warranted to secure effective enforcement of this article. 357 §16-154. Article does not affect other rights and remedies. Nothing contained in this article shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be lawfully entitled, or from filing any complaint with any public agency. DIVISION 2. FAIR HOUSING BOARD §16-167. Created; composition; appointment and terms of members. There is hereby created in the city a fair housing board, which shall consist of seven (7) members, all of whom shall reside in the city The members shall be appointed by the city council. Of the members first appointed, two (2) shall be appointed for terms of three (3) years, two (2) shall be appointed for terms of two (2) years and three (3) shall be appointed for a term of one (1) year, all such terms commencing as of the first day of April 1973. Thereafter, members shall be appointed for terms of three (3) years each. Any vacancy shall be filled by the council for the unexpired portion of a term. In fi/ling vacancies, Council shall consider appointing members with experience in mortgage /ending, res/dent/a/ property management, and construct/on contracting, however such experience shall not be required for board membership. §16-168. Members not compensated. Members of the board shall serve without compensation. §16-169. Removal of members. Any member of the board may be removed by the council upon good cause appearing to the council. §16-170. Vacancy caused by consecutive absences. Absence from five (5) consecutive meetings without good cause by any member of the board shall vacate such member's position on the board. §16-171. Election of chair and vice-chairman; organizational procedures; meetings; required vote for final decision. 358 At the first meeting of the board following annual appointments thereto, the board shall elect a chairma~ and a vice-chairmaft from its membership and establish such procedures of organization and conduct as it may deem necessary. The board shall meet not less than quarter annually and upon call of the chairmaft or of any three (3) members of the board. All meetings of the board shall be with due written notice to each member. Any final decision of the board shall be with the concurring vote of four (4) of the members. §16-172. Reports. The board shall render, as ofJuly of each fiscal year, Janua~f ~f ,~,,., ,,,~,~..,.~, ,~.,~,,~,,y ,..,,,,~ ~,~,, y~Q,, to the c council, a full written report of its activities under the provisions of this article, and any recommendations of the board concerning measures to be taken to further the purposes of this article. §16-173. General powers with respect to investiqations, hearinqs, etc.; responsiblTities of the board. In making the investigations, pursuing conciliation and persuasion and conducting hearings, pursuant to this division, the board shall have authority to hear testimony under oath, to make findings of fact and issue decisions and warnings in accordance with the provisions of this article, and to make and adopt and publish such rules of procedure as may be necessary or proper for carrying out its functions under the provisions of this article. The board shaH also have the following additional responsibilities: (a) The board shah provide information to the public concerning Federal, State and City fair housing laws. (b) The board shah advise City Council and the secretary to the board about the nature, causes, and possible solutions to fair housing issues. (c) The board shah make tenants and landlords aware of the resources of the board, and the authority of its secretary to conciliate fair housing comp/aints. 359 --=-= ..... .qecretary to the board. §16-174. "-~ ........ '" There shall be aa '' secretary to the board, not a member of the board, who shall be appointed by the city manager and who-He shall serve as secretary of the board and shall be responsible for keeping the records of the board's proceedings, advising and notifying members of board meetings and events, serving as a resource, providing and organizing training on fair housing issues, and he/ping p/an activities of the board. Th administfa*~ cretary to the board may be a person otherwise employed by the city and the duties of the administration of this article may be assigned in addition to other duties. §16-175. How notices required by division to be mailed. All notices required under the provisions of this division to be given by certified mail shall be addressed to the person to whom such notice is intended at the last known address of such person or to the attorney of such person, should such attorney have formally appeared before the board, and to the secretary to the board or additional personnel employed to secure enforcement of this art/de on behalf of such person. §16-176. General procedure on complaints for discriminatory practices; conciliation and consent aqreements. (a)A complaint alleging the commission of a discriminatory housing practice, in writing and sworn to or affirmed, may be - --:-: .....of secretary to the board by the filed with the ~ ' ' complainant. Such a complaint shall state the name and address of the complainant and of the person or persons against whom complaint is made and shall also state the alleged facts surrounding the alleged commission of a discriminatory housing practice, the date the discriminatory housing practice was allegedly committed and such other information as the board, by regulation, may require. Upon receipt of such complaint, the · ' secretary to the board shall furnish a copy of the same to the person who allegedly committed, or is about to 360 (b) (c) commit, the alleged discriminatory housing practice and to the members of the fair housing board cha~r,~,ar, ~,f .L_~,,~ ,,,,,,,,,."---~ For the protection of the privacy of the individuals involved, in personal matters, every complaint shall be held in confidence - --'-" ..... unless and until the complainant and the person complained against consent to its being made public ...... :'- ~---= .... ~-'-'"~- '~ ~- s~c~c,n~ '~ '"" --'~ '~ '"° =- ~' ..... No complaint shall be filed more than thifty-(~a~ one (]) yearafter the date of the alleged discriminatory housing practice. Upon the filing of a complaint as set forth in subsection (a) of this section and notice thereof to the person against whom such complaint is made, the edm~is~ator-of secretary to the board shall (i) forward such complaint to the Virginia Fair Housing Office for processing and invest/gat/on/ and/or (ii) make such investigation as ' ' he or she deems appropriate to ascertain the facts. If the secretary to ~ of the board ~le{~det~h'~'m makes the determination to investigate the complaint, and the secretary to the board determines that there are reasonable grounds to believe a violation has occurred and is susceptible of conciliation, such determination to be made within ~ days one hundred (lO0) days of the filing of the complaint, he the secretary to the board may shat{ attempt to conciliate the matter by methods of conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial fe shall be made blic ~" .L_ ~__.~ __ =. ~ con Fences pu ,,~ ,,,~ ,,,,,,,~ ,,, ,,o ,,,~,,,~,o ~ unless all parties thereto agree in writing. The terms of conciliation agreed to by the parties pursuant to this section may be reduced to writing and incorporated into a consent agreement signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that this article has been violated. Consent agreements shall be signed on behalf of the board by the chairman or the vice-chairma~. 361 (d) It shall be a prima facie violation of this article to violate or fail to adhere to any provisions contained in a consent agreement. A failure by the board to enforce a violation of any provision of a consent agreement shall not constitute a waiver of any right of any party to such agreement. (e) Any conciliation agreement arising out of such conciliation shal/ be an agreement between the respondent and the complainant; --" -~-" ~ .... ~; ............. ' ~" '~- ~----' A copy of the agreement shah be filed w/th the board and reta/ned /n fair housing records. Before any conciliatory action is taken by the secretary to the board it should be brought before the board. §16-177. Procedure when administrato~ secretary to the board finds lack of grounds for complaint. If the ~d,-n[nlstr~tor of secretary to the board determines that a complaint filed under section 16-176 lacks reasonable grounds upon which to base a violation of this article, he the secretary to the board, with board concurrence, shall give written notice of such determination to the complainant, the person complained against and the board. The notice shall also state that the complaint will stand dismissed unless, ~.;thin twenty-(-2~) thirty ($0) days after mailing of such notice, the complainant files with the board in writing a request for a hearing by the board. Upon the filing of request for such hearing, the e~mh~ka~toi~ secretary to the board shall immediately mail a copy of such request to the person complained against, together with notice of the time and place fixed by the board for such hearing. Thereafter, and at such time, the board shall afford the parties an opportunity to appear before the board in person or by counsel. Upon such hearing, the board may, in its discretion, dismiss such complaint or determine that there are reasonable grounds to believe the alleged violation of this article has occurred. §16-178. Procedure when qrounds for complaint found to exist but conciliation fails. 362 (a) If the secretary to ~ the board or the board has determined that there are reasonable grounds to believe the alleged violation of this article, which is the subject of a complaint filed under section 16-176, has occurred and the secretary~oh~i~s~*~tof fails to conciliate a complaint after the parties have, in good faith, attempted such conciliation; or fails to effect an informal conciliation agreement or a formal consent agreement; or determines that the complaint is not susceptible of conciliation, the ~ secretary to the board shall notify the chairma~ of the board immediately and in all cases shall give such notice within thirty (30) days after the filing of the complaint; provided, that such period may be extended not more than thirty (30) additional days by the board for good cause appearing to the board. Upon receiving such notice, the chairman,-of the board shall promptly thereafter schedule a public hearing to determine whether a violation of this article has been committed. The board shall give written notice by certified mail to the respondent and the complainant containing a statement of such charges and of the time and place of hearing. The respondent or his counsel may file such statements with the board prior to the hearing date as he deems necessary in support of his position. (b) The hearing provided for in this section shall be held within th~try (30) ~) days after mailing of the statement of charges and notice of hearing. Such hearing shall be open to the public, unless for the protection of the privacy of the individuals involved, in personal matters, the respondent requests, in writing, a private hearing, in which case the hearing shall be private. The interested parties may, at their option, appear before the board in person or by duly authorized representatives and may be represented by an attorney. The parties may testify and present evidence, and the right to cross-examine witnesses shall be preserved, and for these purposes, the board may invite such additional persons to appear as the ends of justice may require. All testimony and evidence shall be given under oath or by affirmation. The board shall not be bound by strict rules of evidence prevailing in courts of law, but shall adhere to rules of equity. 363 (c) The board shall keep a full record of each hearing held under this section, which record shall, unless such hearing is private, be public and open to inspection by any person, and upon request by any principal party to the proceedings, the board shall furnish such party a copy of the hearing record, at the cost of the party so requesting. (d) If, at the conclusion of a hearing held under this section, the board shall determine that the respondent has committed or is committing the discriminatory housing practice charged, the board shall state its findings and conclusions and shall issue and cause to be maile~, by certified mail, to the respondent a copy of such decision, which shall contain warning to cease and desist from such discriminatory practice and to take such affirmative action as may be indicated to effect the purposes of this article, including, if the board so determines, reporting on the manner of his compliance. (e) If upon all the evidence at a hearing held under this section, the board shall find that the respondent has not engaged in the discriminatory housing practice charged, the board shall state its findings and conclusions and shall dismiss the complaint. Notice of such action shall be given to the complainant and to the respondent by certified mail. §16-179. Time limitation for mailing decision on complaint. Any complaint filed under the provisions of this division shall stand dismissed, unless the board has, within ninety (90) days of the date of the filing of the complaint, mailed to the respondent a decision pursuant to the provisions of section 16-178(d). §16-180. Investigation of discriminatory practices without complaint. In a case in which the board proceeds on its own initiative to investigate a discriminatory housing practice, without receiving a formal complaint, the procedure followed shall be that prescribed in section 16-181. No investigation shall be undertaken by the board on its own initiative, if more than sixty (60) days have elapsed since the occurrence of the discriminatory housing practice that the board has reason to believe occurred. In a case in which there is no complainant, the '~ ' ' secretary to the board shall be responsible for developing the evidentiary record before the board. 364 --- §16-181. Authority of board to seek interlocutory relief. If, at any time after a complaint has been filed under this division or after the institution of an investigation on the board's own initiative, the board believes that appropriate civil action to abate or prevent any discriminatory housing practice, to preserve the status quo or to prevent irreparable harm appears advisable, the board may, after consultation with the commonwealth's attorney or his authorized designee, certify the matter to the commonwealth's attorney to bring any action necessary to abate or prevent such practice, preserve such status quo or to prevent such irreparable harm, including but not limited to temporary restraining orders and preliminary injunctions. §16-182. Enforcement of board's decision by court. If the respondent refuses or fails to comply with any decision of the board made pursuant to this division, the board shall refer the matter to the commonwealth's attorney, who shall bring an action against such respondent in a court of competent jurisdiction to enforce compliance with such decision. Any person who shall be found by the board to have violated the intent of this article or the public policy stated herein relating to discriminatory housing practices shall be subject to injunctive or other appropriate action or proceeding, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or such form of relief as the court deems appropriate, and may award as provided in section 16-151. §16-183. Appeals from decisions of board. (a) Any party aggrieved by a written decision of the board made after a hearing held pursuant to this division may present to a court of record of the city a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and making party defendant thereto the opposing party in proceedings before the board. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. 365 (b) Upon presentation of such petition, the court may allow a writ of certiorari directed to the board to review such decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and to the opposing party and on due cause shown, grant a restraining order. (c) The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified by the chairmaa or ~ secretary to the board. (d) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, modify the decision brought up for review. (e) Costs in proceedings under this section shall not be allowed against the board, unless it shall appear to the court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. 366 ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of this ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36636-030104. A RESOLUTION confirming that the Virginia Museum of Transportation, Inc., has the right to license to others for commercial use the likenesses of the 611 and 1218 Class A steam locomotives. WHEREAS, the Virginia Museum of Transportation, Inc., (the ~Museumn) has requested that the City confirm that the Museum has the right to license to others for commercial use the likenesses of the 611 and 1218 locomotives; WHEREAS, the 611 locomotive was apparently acquired by the City by donation; WHEREAS, the 1218 locomotive was donated to the City in 2001 by the Shenandoah-Virginia Corporation, subject to the provision that the City not sell, transfer or convey its rights to the 1218 for a period of ten years after the date of such donation; WHEREAS, the Museum houses the 611 and the 1218 and maintains and insures them for the City. 367 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, to the extent that it has the power to do so, hereby confirms the right of the Virginia Museum of Transportation, Inc., a non-profit §501(c)(3) agency, to license to others for commercial use the photographic, artistic, digital, or video representations or likenesses of the 611 and 1218 Class A steam locomotives. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36637-030104. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for conveyance of a .017 acre portion of City-owned property known as the utility lot identified as New Parcel C of Official Tax No. 4050101, located along Hamilton Terrace, S.E., and temporary construction easements to Carilion Medical Center ("CMC"), upon certain terms and conditions; repealing Ordinance No. 36406-061603, adopted on June 16, 2003, in order to change the name of the grantee; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on June 16, 2003, pursuant to §15.2-1800(8) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed conveyance. WHEREAS, by Ordinance No. 36406-061603, adopted June 16, 2003, City Council authorized the conveyance of certain interests in City-owned property to Carilion Health Systems ("CHS"), upon certain terms and conditions; Carilion has requested that the name of the grantee be changed to Carilion Medical Center ("CMC"). 368 .... THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36406-061603, adopted on June 16, 2003, is hereby repealed, and the City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a .017 acre portion of City--owned property known as the utility lot identified as New Parcel C of Official Tax No. 4050101, located along Hamilton Terrace, S.E., and temporary construction easements to CMC, upon certain terms and conditions as set forth in the City Manager's letter to this Council dated June 16, 2003. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. The City shall retain any existing easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilitiesthat may be located within the demised area. 4. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: City Clerk Ralph K. Smith Mayor 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36638-030104. AN ORDINANCE granting a revocable license to permit the encroachment of a retaining wall, sidewalk and canopy, with all necessary appurten,.nces thereto, encroaching approximately .063 acres into the public right-of-way of Hamilton Terrace, S.E., upon certain terms and conditions; and repealing Ordinance No. 36407-061603, in order to provide for a change in the name of the Licensee; and dispensing with the second reading by title of this ordinance. WHEREAS, by the adoption of Ordinance No. 36407-061603, on June 16, 2003, City Council authorized the encroachment of a retaining wall, sidewalk and canopy, with all appurtenances thereto into the public right-of-way of Hamilton Terrace, S.E., by Carillon Health Systems; Carillon has requested that the name of the licensee be changed to Carillon Medical Center. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted Carillon Medical Center ("License.*") to permit the construction and encroachment of a retaining wall, sidewalk, canopy and supporting structure encroaching approximately .063 acres into the public right-of-way of Hamilton Terrace, S.E., as more fully described in a letter of the City Manager to City Council dated June 16, 2003. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 370 --- 4. The licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in amounts not less than $:[,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds, and an endorsement by the insurance company naming the City as an additional insured must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to the Carilion Medical Center, Roanoke, Virginia. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Carilion Medical Center, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Ordinance No. 36407-061603, adopted June :t6, 2003, is hereby repealed. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AI-rEST:~ "~' ~ Mary F. Park~e City Clerk Mayor 3;1 ACCEPTED AND .............. ,2004. EXECUTED by the undersigned this ..... day of CARILLON MEDICAL CENTER STATE OF § § To-Wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of ............... ,2004 by ...................... , the ............................. , of Carillon Medical Center. My Commission expires: ........................ Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2004. No. 36639-030104. A RESOLUTION rescheduling the regular meeting of City Council scheduled to be held on Monday, May 17, 2004, to Thursday, May 20, 2004, at 2:00 p.m., and 7:00 p.m., and amending Resolution No. 36414-070703, which established the meeting schedule for the Fiscal Year commencing July 1, 2003, and terminating June 30, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: 372 1. The regular meeting of City Council scheduled to be held at 2:00 p.m. on Monday, May 17, 2004, in City Council Chambers at 215 Church Avenue, S. W., is hereby rescheduled to commence at 2:00 p.m., on Thursday, May 20, 2004, to be recessed upon the completion of all business except the conduct of public hearings, and such meeting to be reconvened at 7:00 p.m. on the same day for the conduct of public hearings in City Council Chambers. 2. Resolution No. 36414-070703, adopted July, 2003, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to May 20, 2004. APPROVED A'I-FEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36640-031504. AN ORDINANCE appropriating funds for E911 wireless equipment and esta,blishing a State grant, amending and reordaining certain sections of the 2003-2004 General and Department of Technology Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 373 General Fund Appropriations Training and Development Transfer to DOT Fund Revenues E-911 Wireless Department of Technoloqy Appropriations Appropriation From State Grant Funds Revenues 001-430-4130-2044 001-250-9310-9513 12,500.00 65,787.00 001-110-1234-0654 78,287.00 013-430-9870-9007 65,787.00 Transfer From General Fund 013-110-1234-1037 65,787.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker Ralph K. Smith City Clerk Mayor 374 .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36641-031504. · AN ORDINANCE authorizing the City Manager to execute amendments to the Lease of Air Space Agreement dated April 27, 1984, and the Lease of Air Space and Easement for Support Columns, dated February 7, 2002, between the City of Roanoke and the Times-World Corporation, to permit the Times-World Corporation to issue either five-year bonds or five-year letters of credit as required by the agreements, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, amendments to the Lease of Air Space Agreement dated April 27, 1984, and the Lease of Air Space and Easement for Support Columns, dated February 7, 2002, between the City of Roanoke and the Times-World Corporation, to permit the Times-World Corporation to issue either five-year bonds or five-year letters of credit, as required by the agreements, as more particularly set forth in the City Manager's letter dated March 15, 2004, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I'EST: Mary F. Parker City Clerk Mayor 375 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of March, 2004. No. 36642-031504. AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP) and from the School Food Service fund balance, amending and reordaining certain sections of the 2003-2004 School and School Food Service Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School, and School Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: SchoolFund Appropriations Replacement-Machinery & Equipment 030-065-6006-6009-0801 $ 18,827.00 Additional-Machinery & Equipment 030-065-6006-6100-0821 1,057.00 Add itionaI-Machinery & Equipment 030-065-6006-6106-0821 4,155.00 Replacement-Data Processing Equipment 030-065-6006-6302-0806 95,576.00 Additional-Machinery & Equipment 030-065-6006-6681-0821 28,297.00 Additional-Furniture & Fixtures 030-065-6006-6681-0822 20,952.00 Additional-Machinery 030-065-6006-6682-0821 5,986.00 & Equipment 376 .... Replacement-Other Capital Outlays 030-065-6006-6896-0809 50,000.00 Additional-Other Capital Outlays 030-065-6006-6896-0829 35,223.00 Fund Balance Reserve for CMERP-School 030-3324 (260,073.00) School Food Service Fund Appropriations Additional-Machinery & Equipment 032-065-6006-6788-0821 234,225.00 Fund Balance Unappropriated 032-3325 (234,225.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-FEST: Mary F. Parker City Clerk Mayor 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36643-031504. A RESOLUTION AUTHORIZING THE ISSUANCE OF FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, THE PROCEEDS OF WHICH ARE TO BE GRANTED BY SUCH CITY TO THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FOR THE PURPOSE OF ASSISTING SUCH AUTHORITY IN PAYING A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT IN THE CITY, KNOWN AS THE SOUTH JEFFERSON REDEVELOPMENT PROJECT; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AS APPLICABLE ELECTED REPRESENTATIVE OF SUCH CITY APPROVING THE ISSUANCE OF SUCH BONDS FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, 3ALE AND DELIVERY OF SUCH BONDS AND NOTES. 378 WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $5,500,000 principal amount of general obligations of the City in the form of General Obligation Public Improvement Bonds of the City, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority (the UAuthority~) for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City (the "ProJectn) in an area known as the South Jefferson Redevelopment ProJect (the "ProJect Area"), and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 4. Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of providing funds to be granted by the City to the Authority for the purpose of assisting the Authority in paying a portion of the costs of the ProJect, the City is authorized to contract a debt and to issue Five Million Five Hundred Thousand Dollars ($5,500,000) principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). The Bonds shah be issued and sold in their entirety at one time, or from time to time in part in series, as shah be determined by the Director of Finance. There shall be added to the des/gnat/on of the Bonds a series designation determined by the D/rector of Finance. The Bonds shah be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shah be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shah be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in .no event exceeding forty (40) years from their date or dates), and in the pr/nc/pa/ amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty ($60) day year comprised of twelve (12) thirty ($0) day months. 379 The Bonds (or portions thereof in installments of $$,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any t/me /ess than ail of the Bonds of a given maturity are ca/led for redemption, the particular 8onds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the 8onds to be redeemed), together w/th the interest accrued thereon to the date fixed for the redemption thereof, as shall be approved by subsequent resolution of this Council. 5. if any Bond (or any portion of the principal amount thereof in installments of $$,000) shall be cai/ed for redemption, not/ce of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or p/aces fixed for /ts redemption, the premium, if any, payable upon such redemption, and if/ess than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the pr/nc/pa/ amount thereof to be redeemed and a new Bond or 8onds issued equalling in pr/nc/pa/ amount that port/on of the principal amount thereof not to be redeemed, shall be mai/ed not less than thirty (30) days prior to the date fixed for redemption, by first c/ass mai/, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the dose of bus/ness on the forty-fifth (4$th) day next preceding the date f/xed for redemption. If notice of the redemption of any 8ond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the port/on of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the 380 City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. 6. The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. The Director of Finance shaft direct the Registrar to authenticate the Bonds and no Bond shaft be va/id or obligatory for any purpose un/ess and until the certificate of authentication endorsed on each 8ond shaft have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shaft insert in the certificate of authentication the date as of which such 8onds are authenticated as fo/lows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shaft be dated as of the date of the init/a/issuance and deEvery of the Bonds of the series of 8onds of which such 8ond is one, (//) if a Bond/$ authenticated upon an interest payment date, the certificate shaft be dated as of such interest payment date, (iff) ifa 8ond is authenticated after the fifteenth (]$th) day of the calendar month next preceding an interest payment date and pr/or to such interest payment date, the certificate shaft be dated as of such interest payment date and (iv) in ail other instances the certificate shaft be dated as of the interest payment date next preceding the date upon which the 8ond is authenticated. In the event the 8onds of any series shaft be dated as ora date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section $(c) w/th regard to the authentication of such 8onds and of Section 8 w/th regard to the form of such 8onds shaft be modified as the D/rector of Finance shaft determine to be necessary or appropriate. The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. 381 7. The principal of and premium, if any, and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at ~heir respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. At aH times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shah keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shah register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the 8onds as hereinbefore set forth. The books of registry shaH at aH times be open for inspection by the City or any du/y authorized officer thereof. Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate pr/nc/pa/amount of such Bonds in other author/zed pr/nc/pa/sums of the same series, interest rate and maturity. Any Bond of any series may, in accordance with/ts terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his du/y authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. AH transfers or exchanges pursuant to this Section 4 shah be made without expense to the registered owners of such 8onds, except as otherwise herein provided, and except that the Registrar for such series of 8onds shah require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. AH Bonds surrendered pursuant to this Section 4 shah be cancelled. 382 4. The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds wi//be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond wi//be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases wi//be made in book-entry form only, in the pr/nc/pa/amount of $$,000 or any integra/mu/t/pie thereof. Purchasers wi//not receive physical delivery of certificates representing their interest in the Bonds purchased. Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. 5. CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. 383 A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together w/th a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 (the "Code") and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. ~. On March 19, 2001, the Counc// adopted Resolution No. $5248-051901 approv/ng the Redevelopment P/an, dated February 5, 2001 (the "Redeve/opment P/an"), prepared by the Author~ry. The Bonds may be issued as "qualified redevelopment bonds" pursuant to the provisions of Section 144(c) of the Code and the Treasury Regulations promulgated thereunder. Under the provisions of the Code, in particular Section 147(f) of the Code, the issuance of the Bonds as qualified redevelopment bonds must be approved by an "applicable elected representative" of the City after a public he~.ring following reasonable public notice. In accordance with the provisions of Section 147(f) of the Code and the Treasury Regulations promulgated thereunder, a notice of public hearing was published in "The Roanoke T/me~' on March 1, 2004 and on March 8, 2004 giving notice that a public hearing on the proposed issuance of the Bonds would be held by the Council on March 15, 2004 at 7:00 P.M., local time, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The public hearing on the proposed issuance of the Bonds has been held by the Council at the time and place set forth in the notice of public hearing referred to in clause (iv), immediately prior to the adoption of this resolution. 384 - The Council as an "applicable elected representative" of the City desires to approve the issuance of the Bonds for purposes of Section :[47(f) of the Code. In accordance with the provisions of Section ] 44(c) of the Code, the Council hereby rat/f/es its approval and adopt/on of the Redevelopment P/an and hereby designates the Project Area as a "designated blighted area" of the City. in accordance with the provisions of Section ]47(f) of the Code, the Council as an ~appl/cable elected representative" of the City hereby approves the issuance of the Bonds. 8. The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The 8ond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; prov/ded, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the 8onds, after the same has been completed by the insert/on of the maturities, interest rates and other details of the 8onds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connect/on w/th the sale of the 8onds. The Preliminary Off/c/a/ Statement is Udeemed final" for purposes of Rule ]$c2-]2 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of ]934 ("Rule ]$c2-]2"). The City Manager and the D/rector of Finance are hereby author/zed and directed to execute on behalf of the City and deEver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Cert/ficate Concerning Off/c/a/$tatement". 355 The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-]2 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and deriver), thereof. AH actions and proceedings heretofore taken by this Council, the City Manager, the D/rector of Finance and the other officers, employees, agents and attorneys of and for the City in connect/on w/th the issuance and sale of the 8onds are hereby ratified and confirmed. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms set forth in Exhibit A hereto. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the Director of Finance. If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. There shall also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of' Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such Notes and the form and other details thereof shall be approved, ratified and confirmed by subsequent resolution of this Council. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. 386 The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Code. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. APPROVED A~I'EST: Mary F. Parker City Clerk.~ Mayor EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES ..... No. R-__ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: 770077 387 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on ................. and semiannually on each ............ and ............ thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of ................................... , as the Registrar and Paying Agent, in the City of ............ , ........... Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. 388 This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to be granted by the City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment ProJect, and is issued under and pursuant to and in full compliance with the Constitution and statutes of the .Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after .................. are subject to redemption at the option of the City prior to their stated maturities, on or after ..................... in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentaqes of Principal Amount) .......... , ___ through .......... , .......... , ___ through .......... , .......... , ___ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount 389 hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange therefore. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. 39O It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the ....... day of .......... ,200_. [SEAL] Attest: City Treasurer CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned proceedings. ]~ as 391 Registrar Authorized Signatory Date of Authentication: ................. ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constitutinc~ and appointing .................................................. , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: .................... 392 -- Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration, enlargement or any change whatsoever. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36644-031504. AN ORDINANCE to establish additional funding to South Jefferson Cooperation Agreement 2, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Aoofooriations Appropriated from 2005 Bond Funds 008-052-9633-9169 $5,495,750.00 South Jefferson 008-530-9820-9820 (5,495,750.00) 393 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A-I-FEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36645-031504. AN ORDINANCE authorizing the proper City officials to execute an Amended South Jefferson Cooperation Agreement 2 between the City of Roanoke (City) and the City of Roanoke Redevelopment and Housing Authority (RRHA); approving an amended budget for such Amended Agreement; authorizing the City Manager to take such actions and execute further documents as may be needed to implement and administer such Amended Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, by Resolution No. 35248-031901, City Council approved a Redevelopment Plan for the South Jefferson Redevelopment Area (Redevelopment Plan); WHEREAS, the City and RRHA entered into a South Jefferson Cooperation Agreement 2 dated March 19, 2001, authorized by Ordinance No. 35250- 031901 (SJC Agreement 2) to provide for RRHA to implement the Redevelopment Plan, and RRHA has proceeded with such implementation, and such Agreement expires on March 19, 2004, but may be extended as agreed to by the parties; WHEREAS, the SJC Agreement 2 needs to be extended to allow RRHA to continue to implement the Redevelopment Plan; 394 -- WHEREAS, the SJC Agreement 2 also needs to be amended to allow RRHA to try to acquire the Roanoke City Mills, Incorporated (RCM) property in both ProJect Areas ! and 3 of the Redevelopment Area, and the budget for such Agreement needs to be amended to allow for such purchase, as further set forth in the City Manager's March 15, 2004, letter to Council; and WHEREAS, RRHA has agreed to an Amended SJC Agreement 2 that will provide for a 5-year extension of such Agreement, for RRHA to acquire the RCM property in Areas I and 3, and to an amended budget for the acquisition of such property. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an Amended SJC Agreement 2 that will provide for a 5-year extension of such Agreement, with subsequent extensions upon agreement of the parties, together with such other terms and conditions as set forth in the above mentioned City Manager's letter and as may be deemed appropriate by the City Manager. Such Amended Agreement is to be in a form approved by the City Attorney. 2. City Council hereby approves the amended budget for the Amended SJC Agreement 2 as such budget is set forth and attached to the above mentioned City Manager's letter. 3. The City Manager is further authorized to take further actions and execute further documents as may be needed to implement and administer such Amended SJC Agreement 2 and the amended budget. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED A-I-FEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 395 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36646-031504. AN ORDINANCE granting a revocable license to permit the encroachment of an overhead sign and awning at a height above the sidewalk of ten (10) feet, with the overhead sign extending forty-eight (48) inches, in the public right of way of 22 Campbell Avenue, S.E., and the awning extending thirty-six (36) inches with a length of seventy-two (72) inches, in the public right-of-way of 22 Campbell Avenue, S.E., from property bearing Official Tax No. 4010316, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on March 15, 2004, pursuant to §§15.2-1800(B), 15.2-1813 and 15.2-2010, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the property owner, Edward C. Moomaw, Jr., ("Licensee") of the property bearing Official Tax No. 4010316, otherwise known as 22 Campbell Avenue, S.E., within the City of Roanoke, to permit the encroachment of an overhead sign and awning at a height above the sidewalk of ten (10) feet, with the overhead sign extending forty-eight (48) inches, in the public right of way of 22 Campbell Avenue, S.E., and the awning extending thirty-six (36) inches with a length of seventy-two (72) inches, in the public right-of-way of 22 Campbell Avenue, S.E., as more fully described in a letter of the City Manager to City Council dated March 15, 2004. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 396 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Edward C. Moomaw, Jr., 3426 W. Ridge Circle, S.W., Roanoke, Virginia 24014. 6. This ordinance shall be in full force and effect at such time as a copy., duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A3-I-EST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 397 ACCEPTED and EXECUTED by the undersigned this ...... day of ............... ,2004. EDWARD C. MOOMAW, JR. COMMONWEALTH OF VIRGINIA§ § To-Wit: ................................. The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of .............. ,2004, by Edward C. Moomaw, Jr. My Commission expires: .......................... Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2004. No. 36647-031504. AN ORDINANCE granting a revocable license to permit the encroachment of an overhead sign at a height above the sidewalk of ten (10) feet, two (2) inches, extending approximately forty-eight (48) inches in the public right-of- way of 22 Church Avenue, S.W., from property bearing Official Tax No. 1012317, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on March 15, 2004, pursuant to §§15.2-1800(B), 15.2-1813 and 15.2-2010, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 398 1. Permission is hereby granted the property owner, Kamran Karbassiyoon, ("Licensee") of the property bearing Official Tax No. 10:L2317, otherwise known as 22 Church Avenue, S.W., within the City of Roanoke, to permit the encroachment of an overhead sign at a height above the sidewalk of ten (10) feet, two (2) inches, extending approximately forty-eight (48) inches in the public right-of-way of 22 Church Avenue, S.W., as more fully described in a letter of the City Manager to City Council dated March 15, 2004. 2. Such license, granted pursuant to '15.2-20:L0, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Kamran Karbassiyon, 22 Church Avenue, S.W., Roanoke, Virginia 24011. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 399 7. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Ralph K. Smith Mayor Mary F. City Clerk ACCEPTED and EXECUTED by the undersigned this ...... day of ............... ,2004. KAMRAN KARBASSIYOON COMMONWEALTH OF VIRGINIA§ § To-Wit: ................................. The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ..... day of .............. ,2004, by Kamran Karbassiyoon. My Commission expires: .......................... 400 -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2004. No. 36648-040504. A Resolution approving the Roanoke Regional Airport Commission's 2004-2005 proposed operating and capital budget upon terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2004-2005 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 11, 2004. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Sth day of April, 2004. No. 36649-040504. AN ORDINANCE to appropriate funding for the Enterprise Zone Fund, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. 401 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2004. No. 36652-040504. AN ORDINANCE providing for the acquisition of certain temporary construction easements needed by the City for the construction of the Police Building Phase II Project, providing for the City's acquisition of such easements by negotiation; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Police Building Phase II Project, the City wants and needs certain temporary construction easements on four parcels of land identified by Official Tax Nos. 1011304, 1011319, 1011320 and 1011335, as set forth in the letter of the City Manager to City Council dated April 5, 2004. The proper City officials are hereby authorized to acquire the property rights by negotiation for such consideration as the City Manager may deem appropriate. All requisite documents shall be upon form approved by the City Attorney. 2. The City's purchase of the temporary construction easements is subject to the City obtaining an acceptable title report. 402 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2004. No. 36653-040504. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain moneys to be appropriated by the City for expenditures in connection with the Police Building Phase II Project; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U.S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of its general obligation public improvement bonds in a principal amount not to exceed $6,670,000 for certain moneys to be appropriated by the City from time to time for expenditures in connection with the Police Building Phase II (the "Project"), including, without limitation, the amount of $45,000 appropriated by an ordinance adopted contemporaneously herewith by the City Council on April 5, 2004, in connection with the acquisition of temporary construction easements and related expenses such as title reports, environmental inspections, and alternative parking locations. 403 2. The Council hereby determines that the appropriation authorized contemporaneously herewith is being made for a purpose for which the City is authorized to issue, and contemplated to be reimbursed from the proceeds of, general obligation public improvement bonds of the City. The maximum principal amount of debt expected to be issued for the Project is an amount not to exceed $6,670,000. 3. This is a declaration of official intent adopted pursuant to U.S. Treasury Regulations, Section :~.150-2. This official intent is being made not later than sixty days after the payment of the expenditures authorized by Paragraph I of this Resolution. 4. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.2-3700, et seq., Code of Virginia (1950), as amended. 5. This Resolution shall be effective on and after the date of its adoption. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2004. No. 36654-040504. A RESOLUTION amending certain fees and charges in connection with use of Carvins Cove Natural Reserve, amending the Fee Compendium; and providing for an effective date. 404 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Boat rentals and fees and other uses fees charged at Carvins Cove Natural Reserve shall be as follows: BOAT LAUNCH FEES ANNUAL PERMITS Boat without a motor $75.00 Boat with less than 10 HP motor $90.00 Boat with greater than 10 HP motor $100.00 DAILY PERMITS Boat without a motor $5.00 Boat with less than 10 HP motor $9.00 Boat with greater than 10 HP motor $12.00 BOAT RENTAL 14' Boats $4.00 per hour $8.00 (1/2 day - 5 hours maximum) $14.00 per day 12' Boats $3.00 per day $7.00 (1/2 day 5 hours maximum) $13.00 per day INSPECTION FEES FOR PRIVATELY OWNED MOTORS Electric $1.00 Gasoline $2.00 USER FEES FOR ALL USES OF THE FACILITY WITH THE EXCEPTION OF BOATING AS NOTED ABOVE Annual Permits Per Person 405 Residents outside the geographic $30.00 boundary of members of the Western Virginia Water Authority Residents within the geographic $ :~5.00 boundary of members of the Western Virginia Water Authority Dailey Permits Per Person Residents outside the geographic $2.00 per boundary of members of the Western day Vir~]inia Water Authority Residents within the geographic $ ]..00 per boundary of members of the Western day Virginia Water Authority 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new or amended user fees and charges at Carvins Cove Natural Reserve as set forth herein. 3. The fees and charges established by this Resolution shall become effective April :~5, 2004, and remain in effect until amended by Council or by the Western Virginia Water Authority after it assumes control of Carvins Cove Natural Reserve. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 406 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of April, 2004. No. 36655-040504. AN ORDINANCE authorizing the City Manager's issuance and execution Amendment No. 2 to the City's Contract with Waco, Inc., for asbestos and lead abatement services; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No. 2 to the City's Contract with Waco, Inc., for asbestos and lead abatement services, as more fully set forth in the City Manager's letter to Council dated April 5, 2004. Attorney. The form of the Amendment shall be approved by the City 3. This Amendment No. 2 will provide authorization for an increase in the amount of the Contract of an additional $75,000 for asbestos and lead abatement services as set forth in the City Manger's letter to Council dated April 5, 2004. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor 407 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2004. No. 36656-040504. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby waives its sovereign immunity with regard to the City's use of Valley View Mall on April 17, 2004, in connection with its Citizen Appreciation Day activities. 2. The City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, an Agreement, a copy of which is attached to the City Attorney's letter to Council of April 5, 2004, relating to the City's use of Valley View Mall, on April 17, 2004, for its Citizen Appreciation Day activities. ATTEST: Mary F. Parker City Clerk APPROVED  ith~ Mayor 4O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36657-041904. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2004-2005 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 2004-2005 for the operation of RVTV and has requested that the City of Roanoke approve that budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $161,626.00, which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget of $293,865.00 for Fiscal Year 2004-2005 for the operation of the regional government and regional educational access station, RVTV, as set forth in a letter to this Council dated April 19, 2004, is hereby approved. 409 2. The amount of $161,626.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2004-2005 as requested in the letter to this Council dated April 19, 2004. Al-rEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36658-041904. A RESOLUTION approving the By-Laws and Strategic Business Plan for Roanoke Neighborhood Advocates. WHEREAS, Roanoke Neighborhood Partnership Steering Committee was reconstituted as Roanoke Neighborhood Advocates ("RNA") by Resolution No. 36397-061603, adopted June 16, 2003, and was directed to develop By-Laws and a Strategic Business Plan to be presented to City Council for approval by December 31, 2003; WHEREAS, by letter dated December 31, 2003, from Carl Cooper, Chair of the RNA, the RNA transmitted the proposed By-Laws and the Strategic Business Plan for approval; and WHEREAS, at its meeting of January 20, 2004, City Council referred the RNA's By-Laws and Strategic Business Plan to the City Manager for staff review; and WHEREAS, the RNA's By-Laws and Strategic Business Plan have been reviewed and revised as set forth in the letter dated April 19, 2004, from the City Manager to City Council. 410 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the By-Laws and the Strategic Business Plan of RNA are hereby approved. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2004. No. 36659-041904. AN ORDINANCE to appropriate funding for the Construction Contract Award for the Mill Mountain Water Project, amending and reordaining certain sections of the 2003-2004 Water Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Water Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2002 Bond Funds 002-530-8397-9076 $ (180,000.00) Water-Unidentified Replacement 002-510-2178-9026 (200,000.00) Water Maintenance-Painting 002-510-2178-9028 (249,537.00) Appropriated from General Revenue 002-510-8366-9003 597,000.00 Appropriated from 002-510-8366-9076 180,000.00 2002 Bond Funds 411 Retained Earnings Retained Earnings Available for Appropriation 002-3348 (147,463.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2004. No. 36660-041904. AN ORDINANCE to appropriate funding for the Grandin Road Streetscapes Project, amending and reordaining certain sections of the 2003-2004 General, Water, Water Pollution Control and Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General, Water, Water Pollution Control and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital 001-250-9310-9508 $ 98,650.00 Projects Fund Fees for Professional 001-530-4120-2010 (98,650.00) Services 412 Water Fund Appropriations Appropriated from General Revenue Water-Unidentified Replacement Water Pollution Control Fund Appropriations Appropriated from General Revenue Sewer-Unidentified Construction Capital Projects Fund Appropriations Appropriated from 2002 Bond Funds Appropriated from General Revenue VDOT Match Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2002 Bond Funds 002-510-8394-9003 002-510-2178-9026 003-510-8367-9003 003-510-3170-9085 008-530-9804-9076 008-052-9560-9003 008-530-9575'9210 008-530-9799-9003 008-530-9819-9003 008-530-9819-9076 126,660.00 (126,660.00) 169,510.00 (169,510.00 (218,040.00 (28,900.00 (164,722.00 (143,518.00 435,790.00 218,040.00 413 Revenues Trans~rfrom General Fund 008-110-1234-1037 98,650.00 Pursuant to the provisions of Section 12 of the City Charter, second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk the Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36661-041904. A RESOLUTION requesting that the Virginia Department of Transportation establish an urban system highway project for improvements to the intersection of Riverland Road, Bennington Street and Mt. Pleasant Boulevard. WHEREAS, in accordance with the Virginia Department of Transportation ("VDOT") construction allocation procedures, City Council must request by resolution an urban highway project in the City of Roanoke before such project may be included in VDOT's Six-Year Improvement Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council requests VDOT to establish an urban system highway project to improve the intersection of Riverland Road, Bennington Street and Mt. Pleasant Boulevard; 414 2. This Council hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way, and construction of this project in accordance with Section 33.1-44 of the Code of Virginia; 3. If the City of Roanoke subsequently elects to cancel this project, the City of Roanoke hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such cancellation; and resolution to VDOT. The City Clerk is directed to transmit an attested copy of this APPROVED Mary F. Parker /'Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36662-041904. A RESOLUTION requesting that the Virginia Department of Transportation establish an urban system highway project to upgrade traffic signal equipment within the City's traffic signal systems. WHEREAS, in accordance with the Virginia Department of Transportation ("VDOT") construction allocation procedures, City Council must request by resolution an urban highway project in the City of Roanoke before such project may be included in VDOT's Six-Year Improvement Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council requests VDOT to establish an urban system highway project to upgrade traffic signal equipment within the City's traffic signal systems; 415 2. This Council hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way, and construction of this project in accordance with Section 33.1-44 of the Code of Virginia; 3. If the City of Roanoke subsequently elects to cancel this project, the City of Roanoke hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such cancellation; and resolution to VDOT. The City Clerk is directed to transmit an attested copy of this APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36663-041904. A RESOLUTION requesting that the Virginia Department of Transportation establish an urban system highway project for improvements to lOth Street and the proposed Lick Run Greenway. WHEREAS, in accordance with the Virginia Department of Transportation ("VDOT") construction allocation procedures, City Council must request by resolution an urban highway project in the City of Roanoke before such project may be included in VDOT's Six-Year I'mprovement Program. THEREFORE, RE IT RESOLVED by the Council of the City of Roanoke as follows: 416 1. This Council requests VDOT to establish an urban system highway project to construct a pedestrian and bicycle crossing with warning devices at the intersection of lOth Street and the proposed Lick Run Greenway; 2. This Council hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way, and construction of this project in accordance with Section 33.1-44 of the Code of Virginia; 3. If the City of Roanoke subsequently elects to cancel this project, the City of Roanoke hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such cancellation; and resolution to VDOT. APPROVED ATTEST: The City Clerk is directed to transmit an attested copy of this Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2004. No. 36664-041904. AN ORDINANCE to increase funding for the Outreach Detention/Electronic Monitoring Program, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 417 Appropriations Temporary Wages 001-631-3330-1004 $ 10,720.00 Equipment Rental Lease Revenues 001-631-3330-3070 7,770.00 Housing Juveniles - Outreach 001-110-1234-1310 18,490.00 Pursuant to the provisions of Section 12 of the City Charter, second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk the Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2004. No. 36665-041904. AN ORDINANCE to establish funding for the Opportunity Knocks Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 418 Appropriations Regular Employee Salaries FICA Temporary Employee Wages Fees For Professional Services Program Activities Revenues Opportunity Knocks Grant 42,500.00 Pursuant to the provisions 035-630-5350-1002 035-630-5350-1120 035-630-5350-1004 035-630-5350-2010 035-630-5350-2066 $ 9,800.00 943.00 18,500.00 5,457.00 7,800.00 035-630-5350-5350 of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED ~~~ MaYor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36666-041904. A RESOLUTION authorizing the acceptance of a grant from the Virginia Department of Social Services to be used to operate the Opportunity Knocks Program until June 30, 2004; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 419 1. The City of Roanoke hereby accepts the grant from the Virginia Department of Social Services, in the amount of $42,500.00, to be used to operate the Opportunity Knocks Program until June 30, 2004, to provide employment and training services to assist disadvantaged individuals in obtaining full time employment with the potential of higher paying wages and fringe benefits, and as more particularly set forth in the April 19, 2004, letter of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36667-041904. A RESOLUTION accepting the donation of a 1941 American LaFrance Antique fire truck for use by the City of Roanoke's Fire/EMS Department, and expressing appreciation for such donation. WHEREAS, the Fire Brigade of Kazim Temple, A.A.O.N.M.S., has generously offered to donate a 1941 American LaFrance Antique fire truck for use by the City of Roanoke's Fire/EMS Department; WHEREAS, this is very rare piece of firefighting apparatus which will be used to promote the City of Roanoke's Fire/EMS Department in parades, and placed on display for educational purposes; and 420 WHEREAS, it is the recommendation of the City Manager that City Council accept the 1941 American LaFrance Antique fire truck for use by the City's Fire/EMS Department in accordance with the provisions of §2-263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of $5,000 be accepted by resolution of City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of a 1941 LaFrance Antique fire truck for use by the City of Roanoke's Fire/EMS Department, in accordance with the recommendation contained in the City Manager's letter to City Council dated April 19, 2004. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the Kazim Temple, A.A.O.N.M.S. for its generous offer to the City. 3. The City Clerk is directed to transmit a copy of this resolution to the Kazim Temple, A.A.O.N.M.S, 628 Campbell Avenue, SW, Roanoke, Virginia 24016, expressing the City's appreciation for this donation. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 421 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36668-041904. AN ORDINANCE amending subsection (b)(6)of §22.2-8, Board of trustees generally, Article 2, Administration, Chapter 22.2, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, in order to eliminate the residency requirement with respect to the retired member of the plan appointed to serve on the Board of Trustees of the City's Pension Plan, as currently set forth in and §22.2-8(b)(6); and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (b)(6) of §22.2-8, Board of Trustees qenerally, Article 2, Administration., Chapter 22.2, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: §22.2-8. Board of trusteesqenerally. (b) The board shall be appointed by city council and consist of nine (9) trustees as follows: (6) One trustee who is a ,~,,,~,,, of ~,,~ -~ ..... -' a retired member of the city plan, who need not t~e a resident of the city. Successors shall be appointed for two-year terms. 422 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36669-041904. A RESOLUTION supporting the application filed by Will Webb with the Virginia Department of Transportation to plant white oak seedlings along certain sections of 1-581 within the City of Roanoke. WHEREAS, 1-581 is the major corridor by which both residents and visitors alike travel through the City; WHEREAS, the attractive appearance of our City is an important tool in attracting new business and industries in our region; and WHEREAS, the Council believes that the white oak seedlings planted by Will Webb along the 1-581 corridor enhance the aesthetic appearance and beauty of our City. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council does hereby support the application of Will Webb files with the Virginia Department of Transportation to allow the white oak seedlings planted by Mr. Webb to remain along the 1-581 corridor. 423 2. The City Clerk is directed to transit an attested copy of this resolution to Mr. Richard Caywood, District Administrator, of the Virginia Department of Transportation. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36670-041904. AN ORDINANCE accepting from the Estate of Ollie P. Fralin the conveyance of a certain parcel of property for school purposes containing 0.183 acres, more or less, located on the northeasterly side of Williamson Road adjacent to Oakland Intermediate School and identified as a portion of Tax Map No. 3160127; and dispensing with the second reading by title of this Ordinance. WHEREAS, there existed an agreement in 1948 between the Roanoke County School Board and G. G. Fralin and Ollie P. Fralin for the parties to exchange two parcels of real property; WHEREAS, the above described real property exchange was not properly finalized at the time of the attempted exchange; WHEREAS, the property to be exchanged was annexed into the City of Roanoke in 1949 and as a part of such annexation, all properties owned by the Roanoke County School Board within the annexed area became vested in the City of Roanoke; 424 WHEREAS, on July 12, 1982, the Council for the City of Roanoke adopted Ordinance No. 26116 authorizing the City Manager to convey that certain parcel of property that constituted the City's parcel to be exchanged, and that property was conveyed, but the City did not at that time accept the parcel that constituted the Fralin family's property to be exchanged as described in the Quitclaim Deed, a copy of which is attached to the City Attorney's report to Council dated April 19, 2004; WHEREAS, the parcel of real property described in the Quitclaim Deed has been used by the City of Roanoke as a portion of what is now the Oakland Intermediate School since such property was annexed into the City in 1949; and WHEREAS, the Fralin family is now desirous of having the real property exchange properly completed so that the family can sell the remaining portion of their property to a third party. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Upon the recordation of the Quitclaim Deed, which shall be approved as to form by the City Attorney, Council accepts the conveyance of a parcel of property containing 0.183 acres, more or less, for school purposes, located on the northeasterly side of Williamson Road adjacent to Oakland Intermediate School and identified as a portion of Tax Map No. 3160127, from the Estate of OIlie P. Fralin, the aforementioned parcel being more fully described in the Quitclaim Deed, subject to a satisfactory environmental site inspection. 2. Pursuant to the provisions of Section 12 of the City Charter the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor 425 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2004. No. 36671-041904. AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP) and from the School Food Service fund balance, amending and reordaining certain sections of the 2003-2004 School, School Capital Projects and School Food Service Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School, School Capital Projects and School Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Fund Appropriations Additional - Machinery & Equipment Additional - Machinery & Equipment Additional - Other Capital Outlays Matching Funds Vehicle and Equipment Fuel Heating Services Fund Balance Reserve for CMERP - School 030-065-6006-6319-082! 030-065-6006-6681-0821 030-065-6006-6896-0829 030-065-6001-6666-0588 030-065-6003-6676-0609 030-065-6004-6681-0512 030-3324 $ 7,740;00 3,667.00 7,333.00 (210,000.00) 115,000.00 5,000.00 (58,740.00) 426 School Capital Proiects Fund Appropriations Buildings Appropriation from Literary Loan/VPSA Bonds Appropriation from Literary Loan/VPSA Bonds Appropriation from Literary Loan/VPSA Bonds Appropriation from General Revenue Appropriation from General Revenue Revenues Literary Loan - Patrick Henry · VPSA Bonds - Fairview Elementary VPSA Bonds - Fishburn Park Elementary VPSA Bonds - Lincoln Terrace Renovations School Food Service Fund Aoorooriations Additional - Machinery & Equipment 031-065-6066-6896-9006 031-060-6056-6896-9006 031-060-6057-6896-9006 031-065-6064-6896-9006 031-065-6066-6896-9003 031-065-6999-6896-9003 031-065-6066-1368 031-060-6056-1268 031-060-6057-~269 031-065-6064-1291 030-065-6006-6788-0821 7,500,000 102,821.00 2,476.00 193,680.00 225,000.00 (225,000.00) 7,500,000.00 115,421.00 (10,124.00) 93,680.00 6,406.00 427 Fund Balance Unappropriated 032-3325 (96,406.00) Pursuant to the provisions of Section 12 of the City Charter, second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk the Mayor IN THE CONCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36672-041904. A RESOLUTION establishing the dates and times for a Special Meeting of the Council of the City of Roanoke; BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A Special Meeting of City Council shall be held on April 29, 2004, commencing at 7:00 p.m., in the Council Chambers, 4'h Floor of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., Roanoke, Virginia, for the purpose of holding public hearings as to the recommended City Budget for Fiscal Year 2004-2005, the proposed HUD Consolidated Plan for Fiscal Year 2004-2005, and effective increases in the City's proposed real property tax rate. 428 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36673-041904. A RESOLUTION establishing the date and time for a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: :1. A Special Meeting of City Council shall be held on May 13, 2004, commencing at 2:00 p.m., in Council Chambers, 4th Floor of the Noel C. Taylor Municipal Building, at 2:15 Church Avenue, S. W., Roanoke, Virginia, for the purpose of: adopting the proposed annual budget for the City of Roanoke for Fiscal Year 2004-2005 adopting the annual update to the HUD'consolidated plan for Fiscal Year 2004-2005 · adopting a pay plan ordinance adopting an ordinance establishing annual salaries of Council- appointed officers · endorsing an update to the Capital Improvements Program -- 429 amending the Fiscal Year 2004-2005 Capital Projects Funds Appropriations amending Section 2-178.4, Assessment of Administrative Costs, Code of the City of Roanoke, to conform it with the Code of Virginia adoption of measures amending the City's Fee Compendium to establish or amend fees for certain Emergency Medical Services stand-by services, cross-connection inspections, and law library copy machine maintenance adoption of an ordinance granting a cost-of-living allowance increase for City retirees · appointment of two trustees to the Roanoke City School Board repealing a sewer rate increase scheduled to be implemented July 1, 2004. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36673-041904. A RESOLUTION establishing the date and time for a Special Meeting of the Council of the City of Roanoke. 430 BE IT RESOLVED by the Council of the City of Roanoke as follows: 3. A Special Meeting of City Council shall be held on May 13, 2004, commencing at 2:00 p.m., in Council Chambers, 4'h Floor of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., Roanoke, Virginia, for the purpose of: adopting the proposed annual budget for the City of Roanoke for Fiscal Year 2004-2005 adopting the annual update to the HUD consolidated plan for Fiscal Year 2004-2005 · adopting a pay plan ordinance adopting an ordinance establishing annual salaries of Council- appointed officers · endorsing an update to the Capital Improvements Program amending the Fiscal Year 2004-2005 Capital Projects Funds Appropriations amending Section 2-178.4, Assessment of Administrative Costs, Code of the City of Roanoke, to conform it with the Code of Virginia adoption of measures amending the City's Fee Compendium to establish or amend fees for certain Emergency 'Medical Services stand-by services, cross-connection inspections, and law library copy machine maintenance adoption of an ordinance granting a cost-of-living allowance increase for City retirees · appointment of two trustees to the Roanoke City School Board repealing a sewer rate increase scheduled to be implemented July 1, 2004. 431 4. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36674-041904. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of Roanoke, by repealing Ordinance No. 35070-100200, placing certain conditions on Official Tax No. 6421133, and replacing such conditions with new conditions on the subject property which is conditionally zoned C-1, Office District, and dispensing with the second reading by title of this ordinance. WHEREAS, Echo Sentinel Group, LLC filed an application to the Council of the City of Roanoke to repeal and replace certain conditions presently binding upon a tract of land containing 0.40-acres, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N.W., and designated as Official Tax No. 6421133, which property was previously conditionally rezoned by the adoption of Ordinance No. 29414, adopted January 17, 1989, and Ordinance No. 35070, adopted October 2, 2000, with new conditions; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 432 WHEREAS, a public hearing was held by City Council on such application at its meeting on April 19, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land containing 0.40-acres, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N.W., and designated as Official Tax No. 6421133, should be repealed and replaced as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 642 of the Sectional 1976 Zone Map, City of Roanoke, be amended by repealing Ordinance No. 29414, adopted January 17, 1989, in which City Council conditionally rezoned the subject property and accepted proffers, and Ordinance No. 35070-100200, adopted October 2, 2000, in which City Council replaced the proffers accepted by Ordinance No. 294:~4 with new proffers, and by replacing such proffers with new proffers as set forth in the First Amendment to Petition to Amend Proffers filed in the City Clerk's Office on March 5, 2004, such new proffers being hereby accepted, and the property is rezoned subject to them and as set forth in the report of the Planning Commission dated April 19, 2004. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 433 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36675-041904. AN ORDINANCE authorizing the extension of an existing lease between the City of Roanoke and the General Services Administration of the United States of America for the lease of certain space in the Commonwealth Building, located at 210 Church Avenue, S.W., for a period ending October 31, 2004, authorizing the City Manager to execute the requisite lease extension agreement, and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 27529, dated May 6, 1985, City Council authorized the appropriate City officials to enter into a lease agreement, dated July 15, 1985, between the United States of America, through the General Services Administration, for space in the Commonwealth Building; and WHEREAS, the General Services Administration of the United States of America is interested in extending the current lease of this space, which was due to expire January 31, 2004, but was extended on a month-to-month basis for ninety days, upon the same terms as the current lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, a lease extension agreement for lease of certain space of City-owned property known as the Commonwealth Building, upon the same terms as the current lease, such lease expires October 31, 2004, at $6.50 per square foot plus $4.07 per square foot for operating costs (increased annually based on consumer price index) with an annual rent amount of $131,290.08, as more particularly stated in the City Manager's letter to City Council dated April 19, 2004. . 434 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36676-041904. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a .0427 acre parcel and a 0.026 acre parcel of City-owned property known as Parcel B and Parcel D, respectively, being portions of Official Tax No. 4060S02, located adjacent to Roanoke Memorial Hospital, to Carillon Medical Center, as shown on plat from records and boundary line adjustment for Carillon Medical Center showing the resubdivision of Official Tax No. 4060502, containing 58.189 acres and dated March 24, 2004, upon certain terms and conditions, and contingent upon approval of the City's subdivision plat; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on April 19, 2004, pursuant to §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest; respectively, the necessary documents providing for the conveyance to Carillon Medical Center of a .0427 acre parcel and a 0.026 acre parcel of City-owned property known as Parcel B and Parcel D, respectively, being portions of Official Tax No. 4060502, located adjacent to Roanoke Memorial Hospital, as shown on plat from records and boundary line adjustment for Carillon Medical Center 435 showing the resubdivision of Official Tax No. 4060502, containing 58.189 acres and dated March 24, 2004, for the consideration of $100,780.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated April 19, 2004. 2. This conveyance is contingent upon approval of the City's subdivision plat. 3. All documents necessary for this conveyance shall be in form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2004. No. 36677-041904. AN ORDINANCE authorizing the donation and conveyance of a ten- foot by ten-foot easement on City-owned property known as Jackson Park, identified by Official Tax No. 4130501, to Roanoke Gas Company, to relocate an eight foot high relief valve from the northern side of Morningside Street to fifty-three feet from the property line adjacent to Langhorn Street, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 19, 2004, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. 436 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a ten-foot by ten-foot easement on City-owned property known as Jackson Park, identified as Official Tax No. 4130501, to Roanoke Gas Company for the relocation of a eight foot high relief valve from the northern side of Morningside Street to fifty-three feet from the property line adjacent to Langhorn Street, upon certain terms and conditions, as more particularly set forth in the April ].9, 2004, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVE D Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ].9th day of April, 2004. No. 36678-04].904. AN ORDINANCE authorizing the donation and conveyance of a perpetual five foot by one hundred thirty foot easement on City-owned property at Franklin Road, S.E., identified by Official Tax No. 4016004, to Cox Communications, Inc., to install fiber optic cables., fixtures and appurtenances for the purpose of providing telecommunication services to the building located at ].].1 Franklin Road, S.E., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 437 WHEREAS, a public hearing was held on April 19, 2004, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a perpetual five foot by one hundred thirty foot easement on City-owned property at Franklin Road, S.E., identified by Official Tax No. 4016004, to Cox Communications, Inc., to install fiber optic cables, fixtures and appurtenances for the purpose of providing telecommunication services to the building located at 111 Franklin Road, S.E.; upon certain terms and conditions, as more particularly set forth in the April 19, 2004, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the .second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 2004. No. 36679-042204. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m.., on Monday, May 3, 2004. 438 BE IT RESOLVED by the Council of the City of Roanoke .that: 1. The time of commencement of the meeting of City Council scheduled to be held at 9:00 a.m., on Monday, May 3, 2004, in Room 159 of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City of Roanoke, is hereby changed to commence at 10:00 a.m. on that date. 2. Resolution No. 36414-070703, adopted July 7, 2004, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to May 3, 2004. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2004. No. 36680-050304. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2004-2005, upon ~ certain terms and conditions. 439 BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2004-2005, in the amount of $8,628,515 is hereby approved, all as more particularly set forth in a letter to the City Clerk, dated March 24, 2004, from John R. Hubbard, P.E., Chief Executive Officer, of the Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED ATTEST: Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of May, 2004. No. 36681-050304. A RESOLUTION authorizing the City Manager to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia Waste Management Board and the Department of Environmental Quality (DEQ) resolving certain solid waste disposal issues involving City owned property located adjacent to the City's Public Works Service Center, upon certain terms and conditions; and authorizing the City Manager to take such further a~tion and to execute and provide such further documents as may be necessary to comply with and implement the provisions of such Consent Order. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized and directed to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia Waste Management Board and the Department of Environmental Quality resolving certain solid waste disposal issues involving City owned property located adjacent to the City's Public Works Service Center, upon certain terms and conditions, with the form of the Consent Order to be approved by the City Attorney, all as set forth in the City Manager's letter to Council dated May 3, 2004. 440 2. The Consent Order shall contain terms and conditions substantially similar to those set forth in the Consent Order attached to the above mentioned City Manager's letter. 3. The City Manager is further authorized to ta,,~e~c~h further action and to execute and provide such further documents as may be necessary to comply with the provisions of such Consent Order, including, but not limited to the payment of the civil charge of $3,000.00 to the Treasurer of Virginia through the DEQ, and such other actions as may be necessary to conclude this matter. A'I-I'EST: Mary F. Parker City Clerk APPROVED Ralph K. ~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of May, 2004. No. 36682-050304. AN ORDINANCE to appropriate funding received from the sale of Arena Football equipment, amending and reordaining certain sections of the 2003- 2004 Civic Facilities Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Civic Facilities Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 441 Appropriations Appropriated from General Revenue 005-550-8623-9003 $ 45,000.00 Revenues Sale of Surplus Property 005-110-1234-0861 45,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of May, 2004. No.36683-050304. AN ORDINANCE to appropriate funding for the City Market Building HVAC System Replacement, amending and reordaining certain sections of the 2003- 2004 General and Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 442 - .General Fund Appropriations Transfer to Capital ProJects Fund Life Insurance Residential/Detention Services Maintenance of Fixed Assets Fund Balance Reserved for CMERP-City Capital Proiects Fund Appropriations Appropriated from General Revenue CMERP- Equipment Purchases Appropriated from General Revenue Appropriated from General Revenue CMERP- Equipment Purchases Building & Structures Revenues Transfer from General Fund 001-250-9310-9508 001-250-9110-1130 001-121-2130-2008 001-440-4330-3057 001-3323 008-530-9767-9003 008-530-9767-9132 008-052-9640-9003 008-410-9653-9003 008-530-9792-9132 008-530-9575-9173 008-110-1234-1037 89,140.00 (164,807.00) (150,000.00) (100,000.00) (74,333.00) 656,784.00 43,799.00 8,285.00) (139,519.00) (43,799.00) (19,840.00) 89,140.00 443 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2004. No. 36684-0580304. AN ORDINANCE amending §9-17, Candidate's application, of Artic!~ II, Procedure for Election of School Trustees, Chapter 9, Education, Code of the City of Roanoke (1979), as amended, by removing the March 10 deadline for filing of applications by candidates for election of school trustees; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section §9-17, Candidate's application, of Article II, Procedure for Election of School Trustees, Chapter 9, Education, Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: Sec. 9-17. Candidate's application. The council shall elect school trustees only from among those persons, including incumbent trustees, who have declared their candidacy by filing an application with the office of the city clerk by such t/me as council may establish,,,~,~,,"---L ~,,~ ~ ~,f each year. Such application shall be on a form prescribed by the council and supplied by the city clerk. Such application, once filed in the office of the city clerk, shall be open to public inspection. 444 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~ A'I-I'EST: ~ Mary F. Mayor City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13 the day of May, 2004. No. 36685-051304. AN ORDINANCE amending §2-178.4, Assessment of administrative costs, of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by allowing an administrative charge to be imposed for the collection of taxes or other charges thirty days after notice of delinquency concerning such taxes or other charges; providing for an effective date; and dispensing with the second reading of this ordinance by title. RE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-178.4, Assessment of administrative costs; of Article VIII. Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 2-178.4. Assessment of administrative costs. 445 If collection proceedings have been commenced by the treasurer or other tax official against any delinquent taxpayer or other persons owing delinquent charges to the city, then in addition to all taxes, penalties and interest or such other charges due, such persons shall pay an administrative fee as provided in section 58.1-3958, Code of Virginia (1950), as amended, to cover the cost of collection in the following amount: (a) Thirty dollars ($30.00) if the total amount due is collected subsequent to thirty ($0) or more days after notice of delinquent taxes or other charges .L ...~ fi'.'.n.3 of a .~,,,.,,~ or '" ....... '- - '---' ~ ........ but prior to j dg t; ~'"'~' '~'~"~'~""~'~ '~u'~' ~,~u,,,~,,, U men or (b) Thirty-five dollars ($35.00) if the total amount due is collected subsequent to judgment; or (c) One hundred and fifty dollars ($150.00) or twenty-five (25) percent of the collection cost, whichever is less, if the collection activity is to collect on a nuisance abatement fee; however, in no event shall the fee be less than twenty-five dollars ($25.00). 2. This ordinance shall be in full force and effect on and after July 1, 2004. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk Ralph K. Smith Mayor 446 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36686-051304. A RESOLUTION amending the City's Fee Compendium by establishing certain fees for Emergency Medical Standby Services; and establishing an effective date. WHEREAS, Emergency Medical Standby Services are required for VHSL high school games, certain events at the Roanoke Civic Center and various outdoor festivals such as Festival in the Park; WHEREAS, it is necessary that the revenues collected for Emergency Medical Standby Services be deposited in the General Fund of the City of Roanoke; and WHEREAS, in order to deposit the collected revenues for Emergency Medical Standby Services into the General Fund, City Council must first establish and approve a fee compendium for such services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect that the fees charged for Emergency Medical Standby Services will be as follows: Advanced Life Support EMS Technician Advanced Life Support Unit EMS Externship $20.00/hour $35.00/hour $35.00/student foreach 12 hours 2. The fees established by this Resolution shall remain in effect until amended by Council. 447 2O04. This Resolution shall be in full force and effect on and after July 1, APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36687-05:~304. A RESOLUTION amending the City's Fee Compendium to establish a fee for certification of certain backflow preventers, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fee shall be charged for certification of testable backflow preventers as identified in the Virginia Uniform Statewide Building Code for commercial and industrial uses and residential sprinkler meters: Fee for certification of testable backflow preventers as identified in the Virginia Uniform Statewide Building Code for commercial and industrial uses and residential sprinkler meters: $ 35.00 per certification 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the new fee for certification of backflow preventers for commercial and industrial uses and residential sprinkler meters. 448 - 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee established by this Resolution shall remain in effect until amended by this Council. Sm This Resolution shall be in full force and effect on July 1, 2004. APPROVED ~ ph K. Smith Mayor Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36688-051304. A RESOLUTION amending the City's Fee Compendium to establish a maintenance fee against each holder of a photocopier/services account for use of the photocopier and related services located in the Roanoke Law Library. BE IT RESOLVED by the Council of the City of Roanoke that: 4. The following fee shall be charged each holder of a law library photocopier/service account. Charges against patrons utilizing Law Library services such as the photocopier, computer printing, faxing and related services are billed to this account. This annual fee shall be assessed against each holder of a Roanoke Law Library photocopier/service account each fiscal year as a maintenance charge for the upkeep of such account. Maintenance Fee: $10.00/each fiscal year Per each photocopier/services account 449 5. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the new fee for maintaining an account for use of the photocopier and related services located at the Roanoke Law Library. 6. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 7. The fee established by this Resolution shall remain in effect until amended by this Council. 8. This Resolution shall be in full force and effect on July 1, 2004. A-I-I-EST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36689-051304. AN ORDINANCE amending Ordinance No. 36309-051203, adopted May 12, 2003, in order to rescind a scheduled rate increase for certain sewage treatment charges; amending the Fee Compendium; and dispensing with the second reading by title of this ordinance. WHEREAS, on May 12, 2003, Council adopted Ordinance No. 36309- 051203, which revised rates for certain sewage treatment charges for the City of Roanoke, some of which became effective July 1, 2003, and provided for one increase scheduled to become effective July 1, 2004; and 450 WHEREAS, City Council has determined that the proposed rate increase scheduled to take effect July 1, 2004, is not necessary at this time, and therefore wishes to rescind that part of the ordinance increasing the Standard Treatment Charge Fee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36309-051203 is hereby amended by deleting subparagraph l(b) of such ordinance in order to eliminate the scheduled increase in the Standard Treatment Charge Fee from $1.94 per 100 cubic feet of water used to $2.23 per 100 cubic feet, effective July 1, 2004, thereby eliminating such scheduled increase, all as further set forth in the City Manager's letter to Council dated May 13, 2004. 2. As amended, Ordinance No. 36309-051203 is hereby affirmed and remains in full force and effect. 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect that the above scheduled rate increase has been rescinded. 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I'EST://~ ~ ~' Mary F. Parker Ralph K. Smith City Clerk Mayor 451 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36690-051304. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 13, 2004. WHEREAS, by letter of May 13, 2004, and the attachment to such letter, the City Manager and Director of Finance have presented an update to the City's Five-Year Capital Improvement Program for Fiscal Years 2005-2009 in the recommended Resource Allocation Plan totaling $276,138,289. Additional funding of $8,775,000 is required for the renovation/construction of Patrick Henry High School and $4,775,000 is required for the William Fleming High School renovation/construction project; WHEREAS, the program will require a public hearing on the authorization for the issuance of general obligation bonds for the Police Building phase II ($6,670,000), Fire-EMS Facilities ($4,431,000), Patrick Henry High School ($1,275,000), and Downtown West Parking Garage ($2,000,000); WHEREAS, the Capital Improvement Program and the recommendation for projects is affordable and consistent with discussions by City Council and actions taken by City Council; and funding previous WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; 452 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager and Director of Finance for a certain update to the Five-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2005-2009, the related funding recommendations, as set out in the letter of the City Manager dated May 13, 2004, and the attachments to such letter, and authorizes the holding of a public hearing on June 21, 2004, the issuance the of bonds described above. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36691-051304. AN ORDINANCE to appropriate funding from the General Fund for various capital improvement projects, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriation From General Revenue 008-530-9552-9003 150,000.00 Appropriation From General Revenue Appropriation From General Revenue Appropriation From General Revenue Appropriation From General Revenue Appropriation From General Revenue Appropriation From General Revenue Appropriation From General Revenue Appropriation From General Revenue Revenues 008-530-9678-9003 008-530-9736-9003 453 436,860.00 199,274.00 008-530-9803-9003 008-530-9821-9003 008-530-9776-9003 310,000.00 900,000.00 1,000,000.00 008-620-9824-9003 290,000.00 008-530-9823-9003 008-310-9826-9003 54,000.00 11,210.00 Mary F. Parker City Clerk Ralph K. Smith Mayor APPROVED Transfer from General Fund 008-110-1234-1037 3,351,434.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36692-051304. AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building Operations, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2004, and ending June 30, 2005; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General, Civic Facilities, Parking, Market Building Operations, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds in the fiscal year beginning July 1, 2004, and ending June 30, 2005, shall constitute General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services, and Grant Funds and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: General Fund Revenues General Property Taxes $ 87,491,000.00 Other Local Taxes 62,631,000.00 Permits, Fees and Licenses 1,112,000.00 Fines and Forfeitures 1,321,000.00 Revenue from Use of Money and Property 735,000.00 Grants-in-Aid Commonwealth 47,287,000.00 Grants-in-Aid Federal Government 34,000.00 455 Charges for Current Services Miscellaneous Total Revenues Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk M ag i st rate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney Cost Collections Unit City Council City Attorney City Clerk Municipal Auditing $ 2,121,390.00 12,425,468.00 $ 1,301,761.00 68,033.00 10,845,000.00 320,000.00 $ 211,776,000.00 $ 835,374.00 1,203,529.00 1,549,201.00 28,015.00 2,917.00 33,013.00 441,641.00 879,876.00 14,546,858.00 1,369,794.00 247,856.00 848,703.00 533,651.00 493,374.00 456 Department of Finance Office of Billings and Collections Real Estate Valuation Board of Equalization Residual Fringe Benefits Miscellaneous Transfers to School Fund Transfers to Greater Roanoke Transit Company Transfers to Debt Service Fund Transfer to Other Funds Electoral Board Office of Communications City Manager Memberships and Affiliations Personnel Lapse Contingency Environmental and Emergency Management Roanoke Arts Commission Economic Development Department of Management and Budget $ 1,717,236.00 603,995.00 911,747.00 20,944.00 3,253,922.00 2,085,309.00 100,000.00 51,889,926.00 1,062,000.00 12,540,150.00 8,413,305.00 270,987.00 354,590.00 706,790.00 2,318,582.00 (1,670,243.00) 1,515,617.00 227,809.00 328,932.00 675,450.00 749,837.00 Human Resources Occupational Health Clinic E911 Center E911 Wireless Telecommunications Director of General Services Management Services Purchasing Building Maintenance Custodial Services Fire Administration Fire Support Fire Operations Fire Airport Rescue Emergency Medical Services Director of Public Works Solid Waste Management Transportation - Streets and Traffic Transportation - Paving $ 1,124,853.00 372,319.00 $ 2,103,986.00 254,187.00 567,193.00 $ 154,250.00 103,686.00 279,328.00 $ 3,488,840.00 1,149,350.00 $ 712,398.00 681,617.00 12,202,366.00 597,318.00 2,065,657.00 $ 218,055.00 5,989,807.00 4,177,561.00 2,228,952.00 457 1,497,172.00 2,925,366.00 537,264.00 4,638,190.00 16,259,356.00 458 -- Transportation - Snow Removal Transportation - Street Lighting Transportation - Engineering & Operations Engineering Planning and Development Building Services Neighborhood Partnership Citizens Service Center Housing and Neighborhood Services Parks Parks & Recreation Administration Youth Services Recreation Director of Human Services/ Social Services Income Maintenance Social Services - Services RevenueMax 258,618.00 944,963.00 1,464,549.00 1,600,850.00 $ 1,005,119.00 718,301.00 $ 140,888.00 96,952.00 1,118,395.00 $ 2,935,711.00 1,019,816.00 304,087.00 1,406,213.00 $ 1,777,122.00 4,874,216.00 10,040,302.00 50,924.00 16,883,355.00 1,723,420.00 1,356,235.00 5,665,827.00 459 Employment Services Foster Parent Training Human Services Support Virginia Institute for Social Services Training Activities Hospitalization Youth Haven Outreach Detention Crisis Intervention Health Department Mental Health Human Services Committee Total Action Against Poverty Comprehensive Services Act (CSA) CSA - Administration Virginia Cooperative Extension Service Police Administration Police Investigation Police Patrol 1,227,961.00 115,545.00 119,602.00 $ 570,346.00 234,315.00 550,269.00 $ 527,727.00 3,065,357.00 10,593,297.00 18,205,672.00 38,340.00 78,335.00 1,354,930.00 1,178,901.00 425,969.00 550,962.00 224,742.00 9,011,779.00 66,556.00 72,91~.00 460 - Police Services Police Training Police Animal Control Libraries Law Library Total Appropriations Civic Facilities Fund Revenues Operating Non-Operating Total Revenues Appropriations Operating Expenses Promotional Expenses Concessions Catering Victory Stad i u m Capital Outlay Debt Service Total Appropriations 2,702,574.00 569,527.00 826,550.00 $ 2,533,893.00 125,029.00 18,285,032.00 2,658,922.00 $ 3,933,161.00 1,238,874.00 $ 3,069,626.00 543,170.00 552,600.00 226,828.00 260,099.00 75,000.00 444,712.00 Parkinq Fund Revenues Operating Total Revenues Appropriations Parking Coordination Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Church Avenue Surface Lot Bullitt Avenue Surface Lot Salem Avenue Surface Lot Gainsboro Surface Lot Norfolk Avenue Surface Lot Williamson Road Surface Lot Capital Outlay Debt Service Total Appropriations 461 $ 2,780,307.00 $ 2.780.307.0~ $ 52,601.00 156,247.00 217,623.00 119,363.00 373,257.00 235,483.00 87,012.00 5,465.00 39,035.00 7,614.00 20,138.00 19,686.00 30,269.00 59,115.00 1,357,398.00 $ 2.780.307.0~0 462 Market Buildinq Operations Fund Revenues Operating Non-Operating Total Revenues Appropriations Operating Expenses Total Appropriations Department of Technoloqy Fund Revenues Operating Non-Operating Total Revenues Appropriations Operating Expenses Capital Outlay Total Appropriations $ 303,384.00 4,000.00 $ 307,384.00 $ 4,737,046.00 876,247.00 $ 4,787,046.00 826,247.00 $ 5,613,293.00 Fleet Manaqement Fund Revenues Operating Non-Operating Total Revenues Appropriations Operating Expenses Capital Outlay Debt Service Total Appropriations Risk Manaqement Fund Revenues Operating Non-Operating Total Revenues Appropriations Risk Management Administration Risk Management - Other Expenses Total Appropriations .463 $ 4,909,286.00 867,597.00 $ 5.776.883.00 $ 3,284,157.00 1,935,129.00 557,597.00 $ 5.776 83.00 $ 11,841,617.00 160,000.00 $ 1,080,617.00 12,645,000.00 464 -- School Fund Revenues Grants-in-Aid Commonwealth State Sales Tax (ADM) Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Interest on Investments Total Revenues Appropriations Instruction Administrative Services Attendance and Health Services Transportation Operation/Maintenance of Plant Facilities Other Uses of Funds Total Appropriations $ 48,503,349.00 9,763,987.00 120,899.00 2,611,116.00 52,094,681.00 90,000.00 $ 86,362,596.00 2,794,440.00 1,607,664.00 4,567,954.00 11,536,489.00 388,805.00 5,926,084.00 School Food Services Fund Revenues Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total Revenues Appropriations Food Services Total Appropriations Grant Fund Revenues Virginia Juvenile Community Crime Control Act Total Revenues Appropriations Substance Abuse Services - Court Services Unit Enhanced Community Services - Court Services Unit Total Appropriations 465 $ 85,171.00 3,109,133.00 1,580,813.00 $ 4.775.117.0~ $ 4,775,117.00 $4.775.117.0~ 91,000.00 $ 91.000.00 $ 41,185.00 49,815.00 $ 91:000.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 466 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 4. That funding for all outstanding encumbrances, at June 30, 2004, are re-appropriated to the 2004-05 fiscal year to the same department and account for which they are encumbered in the 2003-04 fiscal year. 5. That this ordinance shall be known and cited as the 2004-05 General, Civic Facilities, Parking, Market Building Operations, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriation Ordinance; and 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-rEST: o Mary F. Pa~r er City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2004. No. 36693-051304. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 2004; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified 467 as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; repealing, to the extent of any inconsistency, Ordinance No. 36312-051203, adopted May 12, 2003, as amended by Ordinance No. 36478-091503, adopted on September 15, 2003, except for Paragraph 16 thereof, relative to the annual salaries of the Mayor, Vice-Mayor, and Council members; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: Pursuant to §2-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 2004, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: 468 CITY OF ROANOKE, VIRGINIA PAY PLAN July 1, 2004 Pay Grade Minimum Annual Salary Maximum Annual Salary 4 $17,085.90 $25,629.24 5 17,940.52 26,910.78 6 19,285.50 28,928.12 7 20,774.78 31,162.30 8 22,953.32 34,429.98 9 25,363.00 38,044.24 10 28,028.00 42,041.74 11 30,002.18 45,003.40 12 33,452.12 50,178.18 13 37,300.12 55,949.92 14 41,588.56 62,382.58 15 46,371.52 69,557.54 16 52,380.12 78,570.18 17 58,403.54 87,605.44 18 65,119.86 97,679.66 19 73,510.06 110,264.70 20 81,963.44 122,945.42 21 91,389.48 137,083.96 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2004, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Performance increases, up to three and one-half percent (3.5%) of the employees' current base salary, may be awarded officers and employees according to their performance scores. For officers and employees appointed or hired after July 1, 2003, performance increases shall be prorated based on number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 469 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE Appraiser I Appraiser II Assistant City Managers (unless City Manager has assigned a City vehicle to the individual Assistant) ANNUAL SALARY INCREMENT $ 1,620.00 $ 1,620.00 $ 2,000.00 City Attorney $ 2,000.00 City Clerk $ 2,000.00 Deputy Director of Real Estate Valuation $ 1,620.00 Director of Civic Facilities $ 2,000.00 Director of Finance $ 2,000.00 Director of Real Estate Valuation $ 1,620.00 Municipal Auditor $ 2,000.00 Supervising Appraiser $ 1,620.00 Senior Tax Compliance Administrator $ 1,300.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. 470 7. In order equitably to compensate sworn police officers assigned to the Criminal Investigation Division and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a bi-weekly basis as a uniform allowance. 8. Each employee of the Fire-Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participate in the City's First Responder Program shall be accorded an annual salary increment of $1,200 payable on a bi-weekly basis. 9. Each employee of the Fire-Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200 payable on a bi-weekly basis. 10. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $938 to $4,182 payable on a bi-weekly basis. 11. The City Manager is authorized to continue a Community Policing Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation. The annual pay supplement is two percent (2%) of base salary. 12. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain a cardiac technician certificate. The annual pay supplement shall be in the amount of $1,769 payable on a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 8, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 13. A pay stipend of $100 per month, or $1,200 annually, paid monthly, shall continue to be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment. 471 14. A pay stipend of $100 per month, or $1,200 annually, paid monthly, shall be awarded to members of the Architectural Review Board upon attainment of certification through the Virginia Certified Architectural Review Program. New appointees will be required to attain certification within one year of the date of appointment. 15. When any salary increase provided in paragraphs 4, 10, 11 or 12 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 16. Each employee of the Sheriff's office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent (5%) increase to base annual salary. This increase shall be capped at no more than five percent (5%) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet required qualifications and is removed from appointment by the Sheriff shall have the base annual salary reduced by five percent (5%). 17. To the extent of any inconsistency, Ordinance No. 36312-051203, adopted May 12, 2003, as amended by Ordinance No. 36478-091503, adopted on September 15, 2003, except for Paragraph 16 thereof, which shall remain in force and effect until amended in accordance with the provisions of State law, relative to the annual salaries of the Mayor, Vice-Mayor and Council members, is hereby REPEALED. 18. Any increase in compensation due to any officer or employee due under this ordinance shall be first paid beginning with the paycheck of July 14, 2004. 19. The provisions of this ordinance shall be in full force and effect on and after July 1, 2004. 472 20. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. City Clerk Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36694-051304. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1, 2003, shall effective July 1, 2004, be increased by two and one tenth percent (2.1%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, and not including any Retirement Supplement, as provided for in §22.2-61, Retirement Supplement, of the Code of the City of Roanoke (1979), as amended (hereinafter "City Code"), calculated as of July 1, 2004. 2. The increase in benefits provided for in Paragraph I of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: 473 Any member of the Employees' Supplemental Retirement System (hereinafter ~ESRS~) or of the Employees' Retirement System (hereinafter hERS") retired under §22.2-43, Normal Service Retirement, or under §22.2-47, Retirement and Service Retirement Allowance Generally, respectively, of the City Code. Any member of ESRS or ERS retired under §22.2-50, Nonoccupational Disability Retirement Allowance, of the City Code; or Any member of ESRS or ERS retired under §22.2-51, Occupational Disability Retirement Allowance, of the City Code; or Any member of the ESRS retired under §22.2-44, Early Service Retirement Allowance., or §22.2-45, Vested Allowance, or any member of ERS retired under §22.2-48, Early Service Retirement Allowance, or §22.2-49, Vested Allowance, of the City Code; or Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article IX, Payment of Benefits, of Chapter 22.2, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.b., 2.c., or 2.d. of this ordinance; or Any member retired under §22.2-75, Pensions for Members of Police and Fire Departments as of December 31, 1945, of Chapter 22.2, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. 3. This ordinance shall be in full force and effect on July 1, 2004. 474 4. Pursuant to the provisions of Section of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I'EST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2004. No. 36695-051304. A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 2004-2005 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing execution of the appropriate documents for the acceptance of such funding. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a 5-Year Consolidated Plan, with Annual Updates, in order to receive Community Development Block Grant (CDBG) funding, HOME Investment Partnership (HOME) funding, and Emergency Shelter Grant (ESG) funding; WHEREAS, the current 5-Year Consolidated Plan for the City of Roanoke will expire on June 30, 2005; WHEREAS, citizen input has been received and considered on three occasions: November 6, 2003, April 1, and April 29, 2004, on the 5-Year Consolidated Plan; and WHEREAS, the Plan must be approved by this Council and received by HUD by May 17, 2004, to ensure timely receipt of new entitlement funds. 475 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 5-Year Consolidated Plan to HUD for review and approval, and to execute the appropriate documents with HUD for receipt of such entitlement funds, such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2004. No. 36696-052004. AN ORDINANCE to appropriate funding for an indexing and scanning system for the Clerk of the Circuit Court and establish revenue provided by the Compensation Board, amending and reordaining certain sections of the 2003- 2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Maintenance Contracts 001-120-2111-2005 $ 21,708.00 Fees for Professional Services 001-120-2111-2010 8,000.00 Revenues Clerk of Circuit Court 001-110-1234-0616 29,708.00 476 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I'EST: Ralph K. Smith Mayor Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2004. No. 36697-052004. AN ORDINANCE amending subsection (g) of §34-130, Rate Schedule, of Division IV, Fares, Article III, Public Vehicles (Taxicabs and For Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, in order to adjust certain rates charged for services rendered by taxicabs and for-hire automobiles; and dispensing with the second reading by title paragraph of this ordinance. RE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (g) of §34-130, Rate Schedule, of Division IV, Fares, Article III, Public Vehicles (Taxicabs and For Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: §34-130. Rate schedule. (g) The rates for services rendered by taxicabs and for- hire automobiles shall be as follows: (1) Distance rates: 477 ae For the first one-eighth (1/8) mile or fraction thereof ~ ,, __., L. eents-($Jz=8~r two do/lars and eighty cents ($2.80). For each additional one-eighth (1/8) mile or fraction thereof, twenty cents ($0.20). (2) Time rates: For each forty (40) seconds of waiting time, twenty cents ($0.20). While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (3) Extra passengers: For each additional passenger, thirty cents ($0.30). 2. Pursuant to the provisions of §12 of the Roanoke Charter, the second reading by title of this ordinance is hereby dispensed with. ATFEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2004. No. 36698-052004. AN ORDINANCE to appropriate funding from the Commonwealth for Roanoke Passenger Station Renovation project, amending and reordaining certain sections of the 2003-2004 Capital ProJects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 478 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriation From General Revenue 008-530-9900-9007 $ 110,000.00 Revenues Roanoke Passenger Station- 008-530-9900-9911 TEA21 FY04 110,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2004. No. 36699-052004. AN ORDINANCE to appropriate funding from the Juvenile Accountability Block Grant Program and local match for juvenile education programs, amending and reordaining certain sections of the 2003-2004 General and Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 479 General Fund Appropriations Transfer to Grant Fund Fees For Professional Services Grant Fund Appropriations Fees For Professional Services Fees For Professional Services Revenues State Grant Receipts - City Local Match - City State Grant Receipts - County Local Match - County 001-250-9310-9535 001-630-1270-2010 $ 3,608.00 (3,608.00) 035-630-5060-2010 035-630-5061-2010 36,081.00 17,800.00 035-630-5060-5062 035-630-5060-5063 035-630-5061-5064 035-630-5061-5065 32,47~.00 3,608.00 16,020.00 1,780.00 Mayor Mary F. Parker City Clerk APPROVED Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 480 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2004. No. 36700-052004. A RESOLUTION authorizing acceptance of a Juvenile Accountability Incentive Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Incentive Block Grant funds from the Virginia Department of Criminal Justice Services, in the amount of $48,493.00, as set forth in the City Manager's letter, dated May 20, 2004, to this Council are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. APPROVED Mary F. Parker City Clerk Mayor 481 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2004. No. 36701-052004. AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP), amending and reordaining certain sections of the 2003-2004 School Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Fund-CMERP Fund Balance Reserve for CMERP - School School Fund Appropriations Additional - Machinery & Equipment Additional - Machinery & Equipment Replacement - Other Capital Outlays Comp of Teachers 001-250-9310-9532 001-3324 030-060-6006-6681-0821 030-060-6006-6682-0821 030-065-6006-6896-0809 030-063-6852-6100-0121 $630,626.00 (630,626.00) 185,637.00 8,999.00 150,000.00 75,000.00 482 - Revenues Transfer From General Fund-CMERP 001-110-1234-1356 30,626.00 Local Match 030-063-6852-1101 75,000.00 Fund Balance Reserve for CMERP - School 030-3324 235,990.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~ A'I-FEST: ~ ~Park~er ~' Mary F. Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2004. No. 36702-052004. AN ORDINANCE authorizing the City Manager to execute an amendment to the License Agreement dated May 18, 2001, between the City and Arena Ventures, LLC, extending the date by which Arena Ventures must provide written notice to the City that it is exercising its right to terminate such License Agreement from May 31, 2004, until June 30, 2004, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 483 1. The City Manager and City Clerk are hereby authorized to execute and attest respectively, an amendment to Section 14.2(b) of the License Agreement dated May 18, 2001, between the City and Arena Ventures, LLC, extending the date by which Arena Ventures must provide the City with written notice that it is terminating the License Agreement for failure of attendance levels to reach certain threshold requirements from May 31, 2004, until June 30, 2004, and as further discussed in the City Manager's letter to Council dated May 20, 2004. All necessary documents shall be upon form approved by the City Attorney. 2. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATI-EST: Mary F. Parker City Clerk APPROVED ~~ayor ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2004. No. 36703-052004. AN ORDINANCE exempting from real estate taxation certain property of the Unified Human Services Transportation System, Inc. (RADAR), located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Unified Human Services Transportation System, Inc. (RADAR), (hereinafter the "Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; 484 WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 20, 2004; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 2510106 through 2510117, inclusive (the "Property"), and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%') of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Unified Human Services Transportation System, Inc. (RADAR), as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 2510106 through 2510117, inclusive, owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 485 3. This Ordinance shall be in full force and effect on July 1, 2004, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Curtis A. Andrews, Executive Director, of Unified Human Services Transportation System, Inc. (RADAR). this ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of ATTEST: Mary F. Parker City Clerk APPROVED ~JRalph K Smith Mayor ACCEPTED, AGREED TO AND EXECUTED by Unified Human Services Transportation System, Inc. (RADAR), this .... day of ................ , 2004. UNIFIED HUMAN SERVICES TRANSPORTATION By (SEAL) Executive Director 486 -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2004. No. 36704-052004. AN ORDINANCE approving the Wireless Telecommunications Policy, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Wireless Telecommunications Policy; and dispensing with the second reading of this ordinance by title. WHEREAS, because of the increasing demand for wireless telecommunications facilities, policies, principles and intended achievements are needed to regulate the facilities on both publicly and privately owned land; WHEREAS, the Wireless Telecommunications Policy ("Policy") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on April 15, 2004, and recommended adoption of the Policy and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include such Policy; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Thursday, May 20, 2004, on the proposed Policy, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Policy and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Policy as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 487 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of June, 2004. No. 36705-060704. AN ORDINANCE to appropriate funds to specific Art Commission agencies, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations VA Transportation Museum 001-310-5221-3714 $ 64,363.00 Roanoke Symphony Society 001-310-5221-3736 27,800.00 488 Mill Mountain Theatre Explore Park Opera Roanoke Science Museum of Western Virginia Roanoke Valley History Museum Julian Stanley Wise Foundation Roanoke Ballet Theatre Southwest Virginia Ballet Young Audiences of Virginia Arts Council of the Blue Ridge Blue Ridge Zoological Society Downtown Music Lab Monitoring O. Winston Link Museum Commonwealth Coach & Trolley Museum The Dumas Drama Guild, Inc. 001-310-5221-3749 001-310-5221-3758 001-310-5221-3762 001-310-5221-3774 001-310-5221-3776 001-310-5221-3777 001-310-5221-3779 001-310-5221-3794 001-310-5221-3802 001-310-5221-3909 001-310-5221-3911 001-310-5221-3912 001-310-5221-3914 001-310-5221-3941 001-310-5221-3942 001-310-5221-3943 11,792.00 35,500.00 8,167.00 53,500.00 7,755.00 3,167.00 5,583.00 2,167.00 4,167.00 14,083.00 10,250.00 6,913.00 6,597.00 3,995.00 1,600.00 2,200.00 489 Jefferson Center Foundation LTD 00:1-310-5221-3944 12,583.00 Arts Master Plan 001-310-5221-3945 20,000.00 Citizens Services - Cultural 001-310-5221-3700 (328,932.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of June, 2004. No. 36706-060704. AN ORDINANCE to appropriate funding from Capital Projects Fund Interest Earnings for the YMCA Aquatic Center and the Greenway Development Projects, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 490 - Appropriations Appropriated from General Revenue 008-620-9757-9003 $ 200,000.00 Appropriated from General Revenue 008-530-9753-9003 393,195.00 Appropriated from General Revenue 008-530-9756-9003 (193,195.00) Fund Balance Unappropriated 008-3325 (400,0O0.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:/,~~ ~' Ralph K. Smith Mayor Mary F. Parker 'City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 2004. No. 36707-060704. A RESOLUTION finding that it is in the best interest of the City to reauthorize previous and subsequent contributions for the Roanoke River Greenway project to general greenway development WHEREAS, beginning in Fiscal Year 2002, the City committed to contributing $200,000 per year for 10 years for a total of $2.0 million to the Roanoke River Greenways projects; 491 WHEREAS, greenways have become a necessary commodity for communities across the United States since they are viewed as an essential amenity that encourage economic development; and WHEREAS, Roanoke currently has several greenway projects underway in various stages of development, with a core design element to include connections to Roanoke's primary greenway artery, the Roanoke River Greenway. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it finds that it is in the best interest of the City of Roanoke to reauthorize previous and subsequent contributions set aside for the Roanoke River Greenway project to general greenway development, as more fully described in the City Manager's letter dated June 7, 2004. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of June, 2004. No. 36708-060704. A RESOLUTION authorizing an agreement with Roanoke Foundation for Downtown, Inc., for funding to be used for the benefit of the Mounted Patrol Unit of the Police Department. 492 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, and agreement with the Roanoke Foundation for Downtown, Inc., for funding to be used for the benefit for the Mounted Patrol Unit of the Police Department, as described in the City Manager's letter to this Council dated June 7, 2004. 2. The form of the agreement, which shall be substantially as set forth in the attachment to the City Manager's letter and to include a provision indemnifying the Roanoke Foundation for Downtown, Inc., on the terms detailed in the City Manager's letter, shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 2004. No. 36709-069047. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, an agreement with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2004, through June 30, 2005, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 7, 2004. 493 2. The contract amount authorized by this resolution shall not exceed $847,440 without further Council authorization, except for the adjustment which the Director of Finance is authorized to make in accordance with the agreement. 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of June, 2004. No. 36710-060704. AN ORDINANCE amending subsection (c) of §2-37, Office hours, work weeks and holidays, of Division 1, Generally, §2-48, Applicability, and subsection (g) of §2-49, Vacation leavff, of Division 2, Vacation Leave and Sick Leave, amending §2-53, ApplicabilitY; eligibility to elect coverage, by the addition of new subsections (b), (c) and (e), and amending subsections (b), (e) and (f) of §2-54, Paid leave, of Division 3, Paid Leave and Extended Illness Leave, of Article III, Officers and Employees, Chapter 2, Administration, Code of the City of Roanoke C~979), as amended, by changing the leave accumulation date for the fiscal year to the cutoff date of the pay period for the first July pay day in each year; establishing and defining atime by which employee leave must be used prior to the annual carryover of leave time limits being calculated which normally would be June 30 of each fiscal year; and dispensing with the second reading by title of this ordinance. 494 WHEREAS, traditionally, employees have been required to use all types of leave by June 30, the last day of the fiscal year, after which time, the carryover amounts were calculated, as referred to in the Code sections relating to vacation leave, sick leave, paid leave and extended illness leave, which practice creates problems because the cutoff dates of pay periods do not coincide with the end of the month, or June 30 (the last day of the fiscal year), and, it is in the best interest of the employees and the administration that a new date by which leave time may be used prior to the calculation of the carryover limits be established, and a new time for the leave accumulation date for maximum carryover limits be established, all as more particularly set forth in the letter of the City Manager and the Director of Finance, dated May 20, 2004, to City Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-37, Office hours, work weeks and holidays, of Division I, Generally, Article III, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: §2-37. Office hours, work weeks and holidays. (c) Except as provided in subsection (d) of this section and herein, each officer or employee of the city shall receive eighty- eight (88) hours of holiday time each year (the nine (9) legal holidays of the city established by subsection (b) above, the second Monday in October (Columbus Day) and November :~1 (Veterans Day) and, for the year 2002 only, the first Friday in July); offices of the city shall remain open during the three (3) latter holidays which shall be observed as floating holidays by City employees. Except for employees of departments that work twenty-four-hour shifts, holiday time shall be taken on the nine (9) legal holidays of the city established by subsection (b) of this section and at such other times as shall be mutually agreed to by the officer or employee and his department head or equivalent official. Employees of departments that work twenty-four (24) hour shifts shall take their holiday time at times mutually agreed to by them and their department head or equivalent official. On and after July 1, 1996, twenty-four (24) hours of holiday time may be carried over after the annual leave cutoff date as defined in §§2-45 and 2-$3 of this code from one (1) fiscal year to the next and accumulated and used at times mutually 495 agreed to between any officer or employee carrying over holiday time and his department head or equivalent official. However, as a one-time exception, thirty-two (32) hours of holiday time may be carried over after the annual leave cutoff date as defined in §~2-48 and 2-53 of this chapter from the 2003-2004 fiscal year to the 2004-2005 fiscal year. No officer or employee shall be paid for holiday time accumulated after November 1, 1995. 2. Section 2-48, Applicability, of Division 2, Vacation Leave and Sick Leave, of Article III, Officers and Employees, Chapter 2, Administration, Code of the City of Roanoke, 1979, as amended, is hereby amended to read and provide as follows: §2-48. Applicability, definition, calculation of carryover leave, etc.. (a) The provisions of this division shall apply to nontemporary officers and employees hired before July 1, 1992, who have not elected to be subject to the provisions of Division 3 of this chapter. (b) The term "annual /eave cutoff date' shaH be defined as the cutoff date of the pay period for the first July pay date of each f/sca/year, whether that date falls on, before, or after June 30 of any f/sca/year. (c) The last day on which leave of any kind, as set out specih'caHy /n ~2-49 and 2-54 of this chapter, may be taken before balances are reduced to carryover//m/ts shah be on the annual leave cutoff date. (d) Carryover limits shah be calculated after the first July payroll and before processing the second July payroll. 3. Subsection (g) of §2-49, Vacation leave, of Division 2, Vacation Leave and Sick Leave, of Article III, Officers and Employees, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: 496 §2 - 49. Vacation leave. (g) Vacation leave may be accumulated but no officer or employee may be credited with more than two hundred forty (240) hours of vacation leave ~ ~ after the annual/eave cutoff date, except that employees of the fire department working the three-platoon system may be credited with not more than four hundred eighty (480) hours on such date. 4. Section 2-53, Applicability; eliqibility to elect coverage, of Article III, Officers and Employees, Division 3, Paid Leave and Extended Illness Leave, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: §2-53. Applicability; eligibility to elect coverage; definitions, calculation of carryover leave, etc. (a) The provisions of this division shall apply to nontemporary officers and employees hired on or after July 1, 1992, and to any officer and employee who was hired prior to July 1, 1992, and who has made a timely and effective election to be subject to the provisions of this division. (b) The term "annua/ /eave cutoff date' sha# be defined as the cutoff date of the pay period for the first July pay date of each fiscal year, whether that date fa/is on, before, or after June 30 of any fiscal year. (c) The last day on which leave of any kind, as set out specifically in §§2-49 and 2-54 of this chapter, may be taken before balances are reduced to carryover limits shall be on the annual leave cutoff date. 497 (d) Carryover limits shah be calculated after the first July payroll and before processing the secondJu/y payroll. (d)(e) The city manager shall establish by regulation the requirements for officers and employees to elect to be subject to the provisions of this division which shall include a requirement that employees make an irrevocable election within a thirty-day period to be established by the city manager with such election to be effective the first day of the next fiscal year. (e)(f) Except for officers and employees who have made a timely election to be subject to the provisions of this division effective July 1, 1992, no officer or employee shall be eligible to receive retirement service credit for accumulated extended illness leave if the officer or employee retires within thirty-six (36) months of the effective date of the election. 6. Subsections (b), (e) and (f) of §2-54, Paid leave, of Division 3, Paid Leave and Extended Illness Leave, of Article III, Officers and Employees, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, are amended to read and provide as follows: §2-54. Paid leave. (b) Initial paid leave balance for officers and employees hired prior to July 1, 1992, shall be the individual's vacation leave balance as of~ the annual leave cutoff date the year in which the election to be subject to the provisions of this division is made. (e) Paid leave may be accumulated, but no officer or employee may be credited with more than two hundred eighty-eight (288) hours of paid leave oa j,,y ~,, ,~, aa¥' ,,o~a, ¥'~ai' after the annual leave cutoff date, except that employees of the fire department working the three-platoon system may be credited with not more than four hundred eight (408) hours on such date. 498 .- (f) Paid leave in excess of the maximum carryover ordtm~ ~v,,, of e~H~ye~ as of the annual leave cutoff date shall be added to the individual's extended illness leave account up to a maximum of foct¥-(49-) eighty (80) hou rs per fiscal year - "' .... ,.. , r,-, ~ for al/employees, of fha ':-- ~ .............. ' ..... ~- 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 2004. No. 36711-060704. A RESOLUTION authorizing the filing of a petition to rezone property which is owned by the City of Roanoke and which is designated as Official Tax No. 7160:~13, subject to certain proffers. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 7160113; WHEREAS, such property is currently zoned LM, Light Manufacturing District; and 499 WHEREAS, it is the desire of City Council to consider the rezoning of such property from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffered conditions, for the purpose of permitting the development of commercial uses, including a restaurant, office, hotel, business service establishment, fitness center, or day care center, at the entrance of the Roanoke Centre for Industry and Technology. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That public necessity, convenience, general welfare and good zoning practice require the filing of a petition to rezone the subject property from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffered conditions, for the purpose of permitting the development of commercial uses, including a restaurant, office, hotel, business service establishment, fitness center, or day care center, at the entrance of the Roanoke Centre for Industry and Technology. 2. That the City Manager is authorized to file a petition, similar in form and content to the petition attached to the letter dated June 7, 2004, to this Council, approved as to form by the City Attorney, to rezone the subject property from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffered conditions set forth in the petition. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of June, 2004. No. 36712-060704. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. 500 - WHEREAS, Fudds of S.W.VA., Inc. has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to ail concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on said application at its meeting on May 20, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, atwhich hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; / WHEREAS, after hearing all parties in interest and citizens, both for and against the pro:posed rezoning, City Council closed the public hearing; WHEREAS, the request for rezoning was referred to City Planning staff for review of additional proffers and report to Council no later than Monday, June 21, 2004; WHEREAS, a Sixth Amended Petition was filed with the City Clerk on June 1, 2004; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing and the public meeting, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.:~-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 501 That certain tract of land located at 3659 Orange Avenue, S. E., containing 3.13 acres, more or less, known as Official Tax No. 7110122, and designated on Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to the proffers contained in the Sixth Amended Petition filed in the Office of the City Clerk on June 1, 2004, and that Sheet No. 711 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of the Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36713-062104. A RESOLUTION paying tribute to the Honorable Ralph K. Smith, Mayor of the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mayor Smith served in the United States Coast Guard Reserve from 1964 to 1970, and he is founder and President of Ralph Smith, Inc., a Roanoke business for 34 years, which is engaged in fabrication of steel for industry; WHEREAS, at the Councilmanic election held the first Tuesday in May, 2000, Mr. Smith was elected Mayor, for a four year term commencing July 1, 2000, and ending June 30, 2004; 502 WHEREAS, Mayor Smith has given unselfishly of his time to serve as President of the Board of Directors of the Greater Roanoke Transit Company, Member of the Budget and Planning Committee, Personnel Committee, Hotel Roanoke Conference Center Commission, Roanoke Valley/Alleghany Regional Commission, and as ex-officio member of all City committees, always displaying personal characteristics of honesty, integrity, friendliness, tenacity, and responsiveness to the public; WHEREAS, while supporting numerous civic and community organizations, including Williamson Road Area Business Association and Roanoke Valley Greenways, Mayor Smith has continued to support the Roanoke City Republican Committee, and served as Chairman from t996 to 1998. He is a long-standing member of the Williamson Road Lions Club, Director of the Virginia Recreational Facilities Authority, and Director of the Congressional Awards Foundation by appointment of Governor George Allen; he also serves as Director and Secretary of Freedom Alliance, Director of the Miss Virginia Pageant, Inc., First Citizens Bank Advisory Board, and is a member of the Christian Coalition Board of Directors, and Alliance for Individual Rights & Responsibilities (AIRR); WHEREAS, in keeping with the practice of former Mayors Roy L. Webber, Noel C. Taylor and David A. Bowers, Mayor Smith has maintained an open door policy relating to the day to day operations of the Mayor's Office by meeting with citizens and others to hear their concerns and suggestions for the City of Roanoke; WHEREAS, Mayor Smith was instrumental in establishing the first Roanoke Regional Leadership Summit of elected officials and administrators which continues to meet quarterly, while an executive subcommittee of City Mayors, County Chairs and Administrators have continued to meet monthly to address mutual problems and work together on common goals; WHEREAS, Mayor Smith has been a strong advocate of improved air service for the Roanoke Valley, quality government .services, strong neighborhoods, economic development, quality education, reg,onal cooperation, and fiscal responsibility, and a voice of the business community by his monthly attendance at BIZBREAK meetings, a monthly breakfast meeting where business owners and various companies, large and small, meet with the City Manager and the Mayor for the purpose of discussing issues of interest to the City and to local businesses; and WHEREAS, prior to his election as Mayor he served on the Roanoke City Building Code Appeals Board and the Mill Mountain Advisory Committee; 503 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing and commending the services rendered to the City of Roanoke and its people by the Honorable Ralph K. Smith. resolution to the Honorable Ralph K. Smith. The City Clerk is directed to forward an attested copy of this ATTEST: City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36714-062104. A RESOLUTION paying tribute to the Honorable William D. Bestpitch and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, at the Councilmanic election held the first Tuesday in May 2000, the Honorable William D. Bestpitch was electedto City Council, and served the City as a member of Council, for a four year term commencing July f, 2000, and ending June 30, 2004; WHEREAS, Mr. Bestpitch attended Virginia Commonwealth University, receiving his B.S.W. in 1983 and his M.S.W. in 1984, attended the Sorensen Institute for Political Leadership at the Weldon Cooper Center at the University of Virginia, and has been in the human services field since 1974, including correctional counseling, substance abuse treatment, policy and legislative analysis, program development and technical assistance, residential treatment of 504 severely emotionally disturbed children, home based family counseling, and long term care of the elderly, and has served his fellow citizens at TAP, Blue Ridge Community Services (now Blue Ridge Behavioral Health Care), Family Service of Roanoke Valley, and the Virginia Veterans Care Center, as well as serving as adjunct instructor for Radford University School of Social Work; WHEREAS, Mr. Bestpitch served diligently and with distinction as a member of this Council, performing in a selfless manner as he discharged his duties and service to the citizens of the City; WHEREAS, in concluding his four-year term as a member of Roanoke City Council, Mr. Bestpitch will be remembered for his attention to detail and his unmistakably straightforward, no-nonsense manner, and his penchant for accuracy which guaranteed that any issues he attended to were followed through to completion; WHEREAS, Mr. Bestpitch has served the City of Roanoke with distinction as Chair of the Legislative Committee and member of the Board of Directors of the Greater Roanoke Transit Company, Finance Best Practices Task Force, City of Roanoke Transportation Safety Commission, Audit Committee, a member and former Chair of the Budget and Planning Committee, Personnel Committee, Virginia's First Regional Industrial Facility Authority, New River Valley Commerce Park Participation Committee, Roanoke Neighborhood Partnership Steering Committee, and its Ad Hoc Study Committee, Virginia Recreation Facilities Authority, Roanoke Valley Area Metropolitan Planning Organization, Virginia's First Coalition of Cities, and the War Memorial Committee; WHEREAS, Mr. Bestpitch has been actively involved in community affairs and has served or is serving on the Blue Ridge Zoological Society of Virginia, Inc., Board of Directors, Kiwanis Club of Roanoke, is a former treasurer and president of Old Southwest, Inc., Vice-Chair of the Roanoke Valley-Allegheny Regional Commission, St. John's Community Youth Program, Community Advisory Board, Total Action Against Poverty, and the United Way of Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable William D. Bestpitch. 505 resolution to the Honorable William D. Bestpitch. The City Clerk is directed to forward an attested copy of this APPROVED ATTEST: Mary F. ParRer City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36715-062104. A RESOLUTION paying tribute to the Honorable Linda F. Wyatt and expressing to her the appreciation of this City and its people for her exemplary public service. WHEREAS, Ms. Wyatt attended Bluefield College, receiving her A.A. in 1970, and receiving her B. S. in Education in 1972 and her M. S. in Education from Radford University in 1976, and was selected to attend the Sorensen Institute for Political Leadership at the Weldon Cooper Center at the University of Virginia; WHEREAS, after serving a total of thirty years in the Roanoke City Public Schools as an elementary school teacher, she retired in March 2002; WHEREAS, Ms. Wyatt is a member of many organizations, including the Delta Kappa Gamma international education sorority, whose members are recognized and inducted due to their contributions to education in their communities; she is a member of Epsilon Sigma Alpha, a philanthropic sorority which raises money for St. Jude's Hospital, Easter Seals, and scholarships for Roanoke area high school students; and being a dedicated community activist she was a four-year volunteer human relations trainer and tutor at Hegira House, a treatment center for recovering drug addicts; and is the recipient of the Family Services of Roanoke Valley award for contributions to family and family life; 506 WHEREAS, Ms. Wyatt is a past member of the Board of Directors of the National Education Association and the Virginia Education Association, and is active in the Democratic Party, having served as Secretary of the Sixth District Democratic Committee, and as a member of the Virginia Democratic Party's Central Committee; WHEREAS, Ms. Wyatt served the City of Roanoke with distinction as Chair of the Audit Committee and a member of the Board of Directors of the Greater Roanoke Transit Company, the Budget and Planning Committee, the Personnel Committee, Legislative Committee, Roanoke Civic Center Commission, the Virginia Municipal League Policy Committee Human Development and Education, the Mayor's Committee for People with Disabilities, the Roanoke Civic Center Commission, the Virginia CARES Board of Directors, the Virginia Museum of Transportation Board of Directors, and the Roanoke Valley Convention and Visitor's Bureau Board of Directors (Alternate Member); WHEREAS, Ms. Wyatt was first elected to City Council on May 3, 1994, to fill the unexpired term of Beverly T. Fitzpatrick, which ended June 30, 1996; WHEREAS, Ms. Wyatt was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 1996, and served in this office from July 1, 1996, to June 30, 1998; WHEREAS, Ms. Wyatt served diligently and with distinction as Vice-Mayor, performing many and varied responsibilities required of her as Vice-Mayor in a selfless manner while honorably discharging her other duties on the City Council; and at the election held in May, 2000, Ms. Wyatt won another 4-year term on City Council; and WHEREAS, at the end of her four-year term as a member of Roanoke City Council, Ms. Wyatt will have devoted thirty-two faithful years to public service. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Linda F. Wyatt. 507 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Linda F. Wyatt. APPROVED ATTEST: City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36716-062104. A RESOLUTION paying tribute to Dr. E. Wayne Harris, Superintendent of Schools for the Roanoke City Public Schools, and expressing to him the appreciation of this City and its citizens for his public service to our community and its children. WHEREAS, Dr. Harris has announced his retirement as Superintendent of Schools effective December 31, 2004, after eleven years of exemplary service to the City's Public Schools; WHEREAS, Dr. Harris who is a native of Salem, Virginia, returned to the Roanoke Valley to begin his tenure as Superintendent of Schools for the City Public Schools on July 1, 1993; WHEREAS, Dr. Harris graduated with a Bachelor of Arts degree from Shepherds College, earned a Master of Arts degree from Colorado State University, earned a Master in Education from the Harvard Graduate School of Education and earned a doctorate degree in Education from the Harvard Graduate School of Education; WHEREAS, Dr. Harris has demonstrated a high level of leadership, grace and professionalism during his tenure as Superintendent of Schools for the Roanoke City Public Schools; 508 WHEREAS, in demonstration of his exemplary leadership, Dr. Harris helped to champion the International Baccalaureate Program in the Roanoke City Public Schools making it only one of eight school systems nationwide to offer the International Baccalaureate Program to the children of the Roanoke Valley from kindergarten through high school; WHEREAS, Dr. Harris also helped to implement a nationally recognized and award winning technology strategic plan for all schools and administrative offices in the Roanoke City Public Schools; WHEREAS, under Dr. Harris' leadership the number of students taking dual enrollment and advance placement courses has increased significantly; and WHEREAS, as a result of Dr. Harris' boundless energy and determination, the drop out rate in the Roanoke City Public Schools has been cut in half since Dr. Harris began as Superintendent in 1993. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recognizing and commending the many Years of service rendered to the City of Roanoke, the Roanoke City Public Schools and its students by Dr. E. Wayne Harris. resolution to Dr. Harris. ATTEST: The City Clerk is directed to transmit an attested copy of this APPROVED Mary F. Parker City Clerk Mayor 509 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36717-062104. AN ORDINANCE adopting the Annual Operating Budget Hotel Roanoke Conference Center Commission for the fiscal year 2004-2005 and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Hotel Roanoke Conference Center Commission Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries Fees for Professional Services Commission Administration Training and Development Revenues City Contribution Virginia Tech 010-320-9500-1002 010-320-9500-2010 010-320-9500-2092 010-320-9500-2044 010-110-1234-1125 010-110-1234-1128 $ 50,000.00 130,000.00 17,000.00 3,000.00 100,000.00 100,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor ,510 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36718-062104. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2004-2005. WHEREAS, Section 21 of the Hotel Roanoke Conference Center Commission Act (Chapter 440 of 1991 Acts of Assembly) requires that each participating party approve the Commission's proposed operating budget for the forthcoming fiscal year; WHEREAS, the Commission has submitted to this Council a proposed operating showing estimated revenues in the amount of $3,897,090 and expenses in the amount of $3,897,090 budget for Fiscal Year 2004-2005, with the City share of the operating subsidy being established at $100,000; and WHEREAS, this Council desires to approve such proposed budget; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the annual operating budget for the Hotel Roanoke Conference Center Commission for Fiscal Year 2004-2005, a copy of which is attached to the letter of the City Manager to this Council, dated June 21, 2004, with the City's share of the operating subsidy being established at $100,000, is hereby approved. Mary F. Parker City Clerk Ralph K. Smith Mayor 511 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36719-062104. AN ORDINANCE to appropriate funds for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Carryover Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Carryover Unprogrammed CDBG - Carryover Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Other Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Carryover Unprogrammed CDBG - Section 108 Loan Unprogrammed CDBG - Section 108 Loan Empowering Individuals With Disabilities Helping Elderly Live Pleasantly-Project 035-G01-0130-5135 $ 560.00 035-G01-0140-5184 ( 560.00) 035-G02-0230-5135 6,475.00 035-G02-0240-5184 ( 5,925.00) 035-G02-0241-5184 ( 550.00) 035-G03-0330-5135 4,157.00 035-G03-0340-5189 ( 4,157.00) 035-G04-0430-5135 100,196.00 035-G04-0440-5184 ( 14,730.00) 035-G04-0440.5188 ( 85,466.00) 035-G04-0440-5188 11,166.00 035-G05-0520-5057 40,000.00 035-G05-0520-5080 28,943.00 512 Demolition Southeast Pilot Project - RRHA (Support) Southeast Pilot Project - RRHA (Admin) Connect Four - BRHDC (Support) Connect Four - BRHDC (AdminlCHDO) RAM House Improvements CHPC Homeownership Program Demolition - BRHDC - Project Demolition - BRHDC - Support Demolition - BRHDC - Admin Helping Elderly Live Pleasantly- Support Helping Elderly Live Pleasantly- Admin Housing Rehab Reserve Project Gold - BRHDC - Support Project Gold - RRHA - Support Special Needs - RRHA - Project Special Needs - RRHA - Support Special Needs - RRHA - Admin Substandard Housing Rehab Project Gold - BRHDC - Admin Project Gold - BRHDC - Project Project Gold - RRHA - Admin Project Gold - RRHA - Project 035-G05-0520-5108 035-G05-0520-5376 035-G05-0520-5378 035-G05-0520-5382 035-G05-0520-5383 035-G05-0520-5400 035-G05-0520-5419 035-G05-0520-5420 035-G05-0520-5421 035..G05-0520-5422 035-G05-0520-5423 035-G05-0520-5424 035-G05-0520-5425 035-G05-0520-5427 035-G05-0520-5430 035-G05-0520-5432 035-G05-0520-5433 035-G05-0520-5434 035-G05-0520-5435 035-G05-0520-5446 035-G05-0520-5449 035-G05-0520-5453 035-G05-0520-5454 135,000.00 137,969.00 39,456.00 66,060.00 16,515.00 80,000.00 67,203.00 44,000.00 4,800.00 1,200.00 3,807.00 250.00 16,000.00 46,393.00 96,000.00 129,306.00 23,694.00 7,000.00 100,000.00 10,000.00 104,742.00 18,000.00 225,025.00 Historic Review Services HUD Admin Funds Small Business Development Center/CBDI Hotel Roanoke 108 Loan Repayment ($428,945) BSCI Micro-loan Program DUMAS Center GainsborolGilmer Fac;ade Grants Old Southwest, Inc. - NDG LoudonlMelrose - NDG Gainsborough SW Community - NDG NNEO 5th Street Gateway Project Washington Park Alliance - NDG Melrose/RugbyNeighborhood Forum - NDG Fairland Civic Org - NDG Neighborhood Development Grant Reserve Target Neighborhood Infrastructure Empowering Individuals with Disabilities Apple Ridge Farms West End Center YMCA Magic Place at Hurt Park Resource Mothers CHIP Family Strengthening & Support YWCA Youth Club Presbyterian Family Services/Pathways Individual Development Account Summer Camp Scholarship - B&G Club 035-G05-0521-5403 035-G05-0521-5436 035-G05-0530-5021 035-G05-0530-5135 035-G05-0530-5437 035-G05-0530-5438 035-G05-0530-5439 035-G95-0537-5028 035-G05-0537-5245 035-G05-0537-5259 035-G05-0537-5309 035-G05-0537-5366 035-G05-0537-5410 035-G05-0537-5440 035-G05-9537-5441 035-G05-0537-5442 035-G05-0538-5057 035-G05-0538-5084 035-G05-0538-5160 035-G05-0538-5169 035-G05-0538-5222 035-G05-0538-5299 035-G05-0538-5350 035-G05-0538-5372 035-G05-0538-5412 035-G05-0538-5414 513 7,500.00 2,500.00 25,000.00 317,557.00 100,000.00 100,000.00 70,762.00 3,000.00 17,000.00 3,228.00 250,000.00 3,617.00 9,109.00 2,000.00 2,046.00 69,592.00 8,250.00 8,580.00 9,000.00 30,603.00 10,638.00 8,850.00 8,250.00 30,000.00 22,406.00 15,000.00 514 RESOURCE-ful Elder Care School-Age After School Therapeutic Women's Resource Center- TAP Unprogrammed CHDO Funds Project GOLD (CHDO Project Funds) Unprogrammed CHDO Funds Project GOLD (CHDO Project Funds) Unprogrammed CHDO Funds Project GOLD (CHDO Project Funds) NNEO 5th Street Gateway Project BRHDC Project GOLD (Admin. Funds) BRHDC Project GOLD (CHDO Operating Funds) BRHDC Project GOLD (CHDO Project Funds) BRHDC Project GOLD (Project Funds) CHPC Homeownership Program MAP American Dream (ADDI Funds) RRHA Project GOLD (Admin Funds) RRHA Project GOLD (Project Funds) NNEO 5th Street Gateway Project Unprogrammed Program Income - FY03 Unprogrammed Program Income - FY04 TRUST Shelter RAM House TAP Transitional Living Center 035-G05-0538-5443 035.G05-0538-E~.~.~. 035-G05-0538-5445 035-090-5305-5418 035-090-5305-5448 035-090-5306-5418 035-090-5306-5448 035-090-5308-5418 035-090-5308-5448 035-090-5312-5309 035-090-5312-5446 035-090-5312-5447 035-090-5312-5448 035-090-5312-5449 035-090-5312-5450 035-090-5312-5451 035-090-5312-5453 035-090-5312-5454 035-090-5325-5309 035-090-5325-5458 035-090-5326-5459 035-630-5175-5251 035-630-5175-5252 035-630-5175-5253 41,969.00 39,754.00 39,477.00 (3,534.00) 3,534.00 (1,546.00) 1,546.00 (28,138.00) 28,138.00 241,388.00 17,709.00 11,357.00 113,565.00 126,163.00 147,797.00 51,199.00 12,412.00 111,709.00 8,612.00 33,218.00 18,142.00 30,500.00 25,000.00 12,431.00 515 Roanoke Valley Interfaith Hospitality Network Revenues 108 Repay CDBG Entitlement Other Program Income - RRHA Cooper Industries (UDAG) Sands Woody Loan Repayment SRO Loan to TAP Homeownership Assistance Lagniappe Loan Repayment Downtown Associates Hotel Roanoke Loan Repayment Rental Rehab Repay HOME Entitlement HOME Program Income FY05 HOME Program Income - FY03 HOME Program Income - FY04 2004~2005 Emergency Shelter Grant 035-630-5175-5254 035-G04-0400-2434 035-G05-0500-2501 035-G05-0500-2503 035-G05-0500-2506 035-G05-0500-2517 035-G05-0500-2520 035-G05-0500-2522 035-G05-0500-2531 035-G05-0500-2533 035-G05-0500-2534 035-G05-0500-2540 035-090-5312-5312 035-090-5312-5313 035-090-5325-5325 035-090-5326-5326 035-630-5175-5195 12,800.00 11,166.00 2,207,000.00 15,000.00 13,333.00 6,722.00 5,618.00 15,000.00 7,620.00 1,758.00 400,000.00 25,000.00 808,299.00 25,000.00 41,830.00 18,142.00 80,731.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 516 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36720-062104. A RESOLUTION accepting the Fiscal Year 2004-2005 funds for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships program (HOME) and the Emergency Shelter Grant (ESG) program and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2004-2005 funds for the CDBG, HOME and ESG programs are hereby ACCEPTED, upon receipt of approval letters from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Department of Housing and Urban Development for such funds, the Funding Approvals, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated June 21, 2004, to City Council. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 517 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36721-062104. AN ORDINANCE to appropriate insurance proceeds received from a damaged sign to the Roadway Safety Improvement Program, amending and reordaining ~:ertain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriate from General Revenue Revenue Miscellaneous Third Party Revenue 008-530-9824-003 008-008-1234-293 $ 46,882.00 46,882.00 Pursuant to the provisions of Section 12 of th® City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 518 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36722-062104. AN ORDINANCE appropriating funds for the Regional Driver Training Facility, amending and reordaining certain sections of the 2003-2004 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Ful~d Appropriations Appropriated from Federal Grant Funds Revenue Transfer from Grant Fund 008-640-9905-9902 008-640-9905-1360 $ 273,500.00 273,500.00 Grant Fund Appropriations Construction Other Transfer to Capital Projects Fund Transfer to Capital Projects Fund Revenue ATF Federal Forfeiture FY05 035-640-3335-9065 035-640-3335-9508 035-640-3355-9508 035-640-3355-3355 (63,392.00) 63,392.00 210,108.00 210,108.00 519 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36723-062104. AN RESOLUTION authorizing an agreement with the County of Roanoke for a regional police driver training facility on property owned by the County upon certain terms. BE IT RESOLVED by the Council of the City of Roanoke as 'follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke, Virginia whereby the City and the County agree to establish a jointly owned regional police driving training facility on property owned by the County and located in the County. 520 2. The agreement shall provide that the driving facility will be for the use of City and County law enforcement officers and may be terminated upon ninety days notice, and shall contain such other terms and conditions as deemed necessary by the City Manager. The form of the agreement shall be approved by the City Attorney and will be substantially as set forth in the attachment to the City Manager's report dated June 21, 2004. APPROVED ATTEST: Mary F, Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36724-062104. AN ORDINANCE to appropriate funding to the Human Services Committee, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies Bradley Free Clinic League of Older Americans - Home Delivered Meals Roanoke Area Ministries - Emergency Financial Assist. 001-630-5220-3700 001-630-5220-3721 001-630-5220-3722 001-630-5220-3723 $(550,962.00) 30,000.00 29,000.00 30,000.00 521 Unified Human Services Transport. (RADAR).STAR Bethany Hall-Residential Substance Abuse Treatment Council of Community Services - Information & Referral Northwest Child Development Center Roanoke Valley Speech & Hearing Center- Speech Pathology TRUST - Emergency Shelter & Transitional Housing Inner City Athletic Association West End Center for Youth Adult Care Center- Adult Day Care Confict Resolution Center- Mediation & Parent Education Roanoke Adolescent Health Partnership Roanoke Valley CASA Greenvale School Blue Ridge Independent Living - Services for Roanoke Citizens w/ Disabilities Mental Health Association - Mental Health Care Collaberative Southwestern VA Second Harvest Food Bank Planned Parenthood of the Blue Ridge - Education Program St. John's Community Youth Program 001-630-5220-3725 001-630-5220-3728 001-630-5220-3732 001-630-5220-3734 001-630-5220-3738 001-630-5220-3740 001-630-5220-3744 001-630-5220-3745 001-630-5220-3746 001-630-5220-3748 001-630-5220-3767 001-630-5220-3775 001-630-5220-3780 001-630-5220-3781 001-630-5220-3784 001-630-5220-3788 001-630-5220-3795 001-630-5220-3797 22,000.00 10,000.00 13,650.00 20,000.00 3,500.00 10,000.00 5,000.00 40,000.00 7,000.00 5,500.00 20,000.00 3,000.00 11,000.00 8,803.00 2,500.00 15,000.00 5,000.00 5,000.00 .522 Girl Scouts of VA Skyline Council - Outreach Program Presbyterian Community Center- Pathways Program Children's Advocacy Center - Family Support Brain Injury Services of SW Virginia- Comprehensive Service Coordination Program Apple Ridge Farm - Summer Academic Camp & Reading Adventure Family Service of Roanoke Valley - ACTION Program Family Service of Roanoke Valley - Home Care Aide Family Service of Roanoke Valley - Family & Individual Counseling Family Service of Roanoke Valley - Adults Plus Blue Ridge Legal Svcs- Legal Assistance to Low Income Persons Downtown Music Lab - Partners in Music Big Brothers - Big Sisters - Community Based Mentoring Roanoke Interfaith Hospitality Network - Case Management Program Salvation Army - Turning Point Salvation Army- Emergency Shelter & Transitional Housing for Men 001-630-5220-3798 001-630-5220-3801 001-630-5220-3915 001-630-5220-3916 001-630-5220-3917 001-630-5220-3919 001-630-5220-3920 001-630-5220-3921 001-630-5220-3922 001-630-5220-3923 001-630-5220-3924 001-630-5220-3925 001-630-5220-3927 001-630-6220-3929 001-630-5220-3930 4,000.00 2,500.00 7,500.00 7,500.00 10,000.00 15,000.00 15,009.00 10,000.00 14,500.00 6,000.00 4,000.00 3,000.00 8,000.00 14,000.00 14,000.00 523 Child Health Investment Partnership Helpful Child Health Investment Partnership - Family Strengthening Program Child Health Investment Partnership - Care Coordination Program YMCA of Roanoke Valley - Magic Place Child Care Program YMCA of Roanoke Valley - Homework Success & Drop- In Summer Outreach YWCA of Roanoke Valley - Therapeutic Aquatics YWCA of Roanoke Valley - School Age Childcare YWCA of Roanoke Valley - Youth Club YWCA of Roanoke Valley - Resident Program Council of Community Services - Monitoring Services 001-630-5220-3931 001-630-5220-3932 001-630-5220-3933 001-630-5220-3934 001-630-5220-3935 001-630-5220-3936 001-630-5220-3937 001-630-5220-3938 001-630-5220-3939 001-630-5220-3940 5,000.00 25,000.00 30,000.00 9,000.00 10,000.00 8,000.00 7,000.00 10,000.00 5,000.00 11,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 524 '- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36725-062104. AN ORDINANCE appropriating funds for the Law Enforcement Terrorism Prevention Program, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund ApproPriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Furniture and Equipment >$5,000 Revenues Law Enforcement Terrorism Prevention Program Grant 035-640-3551-2035 035-640-3551-9005 035~40-3551-3553 $ 49,856.00 75,000.00 24,856.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor 525 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36726-062104. A RESOLUTION authorizing the acceptance of the Law Enforcement Terrorism Prevention Program Grant made to the City of Roanoke by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management and authorizing the execution and filing by the City Manager of any documents required by the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Emergency Management of the Law Enforcement Terrorism Prevention Program Grant in the amount of $224,856. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute, deliver and file on behalf of the City any documents required by the Virginia Department of Emergency Management to accept the Law Enforcement Terrorism Prevention Program Grant. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Department of Emergency Management in connection with the City's acceptance of the foregoing grant or with such project. APPROVED Mary F. Parker City Clerk Mayor 526 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36727-062104. AN ORDINANCE appropriating funds for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages Transfer to Grant Fund Grant Fund Appropriations Regular Employee Salaries FICA Medical Insurance Dental Insurance Disability Insurance Revenues Urban and Community Forestry Grant FY05 Urban and Community Forestry Grant Local Match FY05 001-620-4340-1004 001-250-9310-9535 035.620.4345-1002 035-620.4345-1120 035-620.4345-1125 035-620-4345-1126 035-620-4345-1131 035.620-4345-4345 035-620-4345-4346 $(2,959.00) 2,959.00 13,500.00 1,148.00 1,650.00 110.00 51.00 13,500.00 2,959.00 527 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36728-062104. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $13,500.00. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Forestry, or any other party, for the ,528 City's acceptance of this grant, upon form approved by the City Attorney, as more particularly set forth in the City Manager's letter dated June 21, 2004, to this Council. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36729-062104. AN ORDINANCE authorizing the proper City officials to enter into an agreement amending a cooperative agreement with the County of Roanoke, the City of Salem, and the County of Botetourt that established an integrated automated library system, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, by cooperative agreement dated January 26, 1990 (the "Agreement"), a consortium comprised of the City of Roanoke, City of Salem, and County of Roanoke, and by subsequent amendment, the County of Botetourt, entered into an Agreement which established an integrated automated library system (the "System"); WHEREAS, each of the localities that are a party to the Agreement share in the costs of operating the System according to a formula used to apportion costs among consortium members; WHEREAS, the factors used in such formula to apportion costs among consortium members has become outdated; and 529 WHEREAS, each of the consortium members desire to amend the Agreement by revising such formula to more accurately reflect factors that affect usage of the System, in addition to providing for certain additional amendments to the Agreement that relate to the composition and function of the consortium's Advisory Committee and Library Automation Committee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest respectively, an agreement amending the Agreement among the County of Roanoke, the City of Salem, and the County of Botetourt that established an integrated automated library system, to provide an updated formula to apportion costs among the aforementioned localities that more accurately reflect factors that affect usage of the System, in addition to providing for certain additional amendments to the Agreement, as further stated in the City Manager's letter to City COuncil dated June 21, 2004. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36730-062104. AN ORDINANCE to appropriate funding for troubled youth and their families and establish revenue provided by the Department of Medical Assistance, amending and reordaining certain sections of the 2003.2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 530 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Family Foster Care-lV-E Children Foster Care Salary Lapse Revenues CSA - State Supplemental 001-630-5410-3182 001-630-5410-3191 001-300-9410-1090 001-110-1234~692 $ 378,698.00 250,000.00 (193,136.00) 435,562.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 531 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36731-062104. AN ORDINANCE to appropriate funds to the Regional Hazardous Materials Response Team Grant, amending and reordaining certain sections of the 2004- 2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (< $5,000) Training and Development Expendable Equipment (< $5,000) Training and Development Expendable Equipment (< $5,000) Training and Development Expendable Equipment (< $5,000) Training and Development Revenues Haz Mat Emergency Response- State FY05 Haz Mat Emergency Response- State FY06 Haz Mat Emergency Response- State FY07 Haz Mat Emergency Response- State FY08 035-520~227-2035 035-520~227-2044 035-520-3228-2035 035-520-3228-2044 035-520-3229-2035 035-520-3229-2044 035-520-3230-2035 035-520-3230-2044 035-520-3227-3227 035-520-3228-3228 035-520-3229-3229 035,520-3230-3240 $10,000.00 5,000.00 10,000.00 5,000.00 10,000.00 5,000.00 10,000.00 5,000.00 15,000.00 15,000.00 15,000.00 15,000.00 532 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36732-062104. A RESOLUTION authorizing the City Manager to enter into a four-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team and to accept "pass-through" funding in the amount of $15,000 per contract year. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a four-year contract commencing July 1, 2004, with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team, the contract to be in such form as is approved by the City Attorney, as is more particularly set forth in the letter of the City Manager, dated June 21, 2004. 533 in "pass-through" funding pursuant to the contract. The City Manager is authorized to accept $15,000 per contract year Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36733-062104. AN ORDINANCE to appropriate funding from the Commonwealth for the Dumas Center for Artistic and Cultural Development, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Dumas Center Enhancement T-21 Grant 008-530-9825-9007 008-530-9825-9806 $150,000.00 150,000.00 ,534 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED ~~,+~~ · Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36734-062104. A RESOLUTION authorizing the City Manager to enter into agreements with Total Action Against Poverty in Roanoke Valley ("TAP") and the Virginia Department of Transportation ("Department"), to define the responsibilities of each party, and to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development. WHEREAS, TAP requested Transportation Enhancement funds in the amount of $300,000.00 to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development; WHEREAS, TAP received notification in November, 2003, that its app!ication for Transportation Enhancement funds through the Transportation Eqmty Act for the 21"Century ("TEA-21") for the Dumas Center for Artistic and Cultural Development was approved by the Commonwealth Transportation Board in the amount of $150,000; and WHEREAS, the City of Roanoke must enter into separate agreements with TAP and the Department to define the responsibilities of each party. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 535 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, to enter into agreements with the Department to define the responsibilities of the Department, and to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development, such agreements to be in such form as is approved by the City Attorney. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a legally binding agreement with the project applicant, Total Action Against Poverty in Roanoke Valley, requiring the applicant to be fully responsible for any matching funds as well as all other obligations undertaken by the City, such agreement to be in such form as is approved by the City Attorney. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36735-062104. AN ORDINANCE to appropriate additional funding for the O. Winston Link Railwalk and Warehouse Business Center Projects, amending and reordaining certain sections of the 2003-2004 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 536 General Fund Appropriations Transfer to Capital Projects Fund Salary Lapse Capital Projects Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund 001-250-9310-9508 001-300-9410-1090 008-530~759~003 008-1t0-1234-1037 $ 235,751.00 (235,751.00) 235,751.00 235,751.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36736~62104. AN ORDINANCE transferring funding between personal services accounts and to provide funding for certain operational needs as a result of personnel lapse realized during the year, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 537 Appropriations Regular employee salaries 001 110 1234 Regular employee salaries 001 120 2111 Workers' comp medical 001 121 2130 Regular employee salaries 001 125 2110 Regular employee salaries 001 130 1233 Regular employee salaries 001 140 2140 Regular employee salaries 001 140 3310 Regular employee salaries 001 150 2210 Regular employee salaries 001 150 - 2211 Regular employee salaries 001 200 1110 Regular employee salaries 001 210 1220 Regular employee salaries 001 - 220 1120 Regular employee salaries 001 - 230 1235 Temporary wages 001 - 230 1236 Regular employee salaries 001 - 240 1240 Regular employee salaries 001 260 1231 Regular employee salaries 001 250 1232 Payroll Accrual 001 250 9110 Medical Insurance 001 250 9110 W/C Wages 001 250 9110 WIC Medical 001 250 9110 Unemployment Wages 001 250 9110 Extended Illness Lv Payment 001 250 9110 Termination Leave Wages 001 250 9110 Regular employee salaries 001 260 1310 Regular employee salaries 001 300 1210 Regular employee salaries 001 300 1211 Salary Lapse 001 300 9410 Regular employee salaries 001 310 8120 Regular employee salaries 001 340 1261 Regular employee salaries 001 340 1263 Regular employee salaries 001 410 1212 Regular employee salaries 001 430 4130 Regular employee salaries 001 430 - 4131 Regular employee salaries 001 430 - 4170 Regular employee salaries 001 440 - 1237 Regular employee salaries 001 440 - 1260 Regular employee salaries 001 440 - 1617 1002 $ 21,298.00 1002 31,647.00 1140 136.00 1002 7,093.00 1002 ( 5,024.00) 1002 ( 79,668.00) 1002 106,275.00 1002 ( 34,216.00) 1002 ( 2,777.00) 1002 2,194.00 1002 3,933.00 1002 1,654.00 1002 ( 111,119.00) 1004 152.00 1002 ( 3,371.00) 1002 ( 7,441.00) 1002 36,074.00 1099 (150,000.00) 1125 (227,844.00) 1135 (400,000.00) 1140 (400,000.00) 1145 ( 35,000.00) 1149 ( 20,000.00) 1150 (91,275.00) 1002 37,686.00 1002 ( 5,914.00) 1002 23,819.00 1090 1,582,625.00 1002 14,848.00 1002 ( 81,186.00) - 1002 369.00 1002 (113,446.00) 1002 58,842.00 1002 ( 77,248.00) 1002 1,508.00 1002 ( 12,027.00) 1002 3,733.00 1002 ( 65.00) ,538 Regular employee salaries 001 440 4220 - 1002 ( 10,279.00) Regular employee salaries 001 440 4330 - 1002 16,859.00 Regular employee salaries 001 520 o 3211 1002 ( 2,524.00) Regular employee salaries 001 520 - 3212 1002 9,199.00 Regular employee salaries 001 520 - 3213 1002 340,862.00 Regular employee salaries 001 520 - 3214 1002 (232,829.00) Regular employee salaries 001 520 - 3521 1002 (240,209.00) Regular employee salaries 001 530 - 1280 1002 2,792.00 Regular employee salaries 001 530 - 4110 1002 226,729.00 Regular employee salaries 001 530 - 4140 1002 5,135.00 Regular employee salaries 001 530 - 4160 1002 42,021.00 Regular employee salaries 001 530 - 4210 1002 202,267.00 Regular employee salaries 001 530 - 4310 1002 (91,441.00) Regular employee salaries 001 610 - 3410 1002 56,304.00 Regular employee salaries 001 610 - 8110 1002 (19,876.00) Regular employee salaries 001 615 - 8111 1002 (45,623.00) Regular employee salaries 001 615 - 8112 1002 (7,875.00) Regular employee salaries 001 615 - 8113 1002 (26,774.00) Regular employee salaries 001 620 - 4340 1002 43,485.00 Regular employee salaries 001 620 - 7110 1002 (61,844.00) Regular employee salaries 001 620 - 7111 1002 (62,408.00) Regular employee salaries 001 620 - 8170 1002 12,633.00 Regular employee salaries 001 630 - 1270 1002 4,395.00 Regular employee salaries 001 630 - 5311 1002 (25,622.00) Regular employee salaries 001 630 - 5313 1002 157,653.00 Regular employee salaries 001 630 - 5314 1002 8,219.00 Regular employee salaries 001 630 - 5315 1002 (2,297.00) Regular employee salaries 001 630 - 5316 1002 (61,337.00) Regular employee salaries 001 630 - 5317 1002 3,564.00 Regular employee salaries 001 630 - 5318 1002 (24,881.00) Regular employee salaries 001 630 - 5411 1002 8,149.00 Regular employee salaries 001 631 - 3330 1002 (809.00) Regular employee salaries 001 631 - 3350 1002 (13,357.00) Regular employee salaries 001 631 - 3360 1002 (3,589.00) Regular employee salaries 001 640 - 3111 1002 10,493.00 Regular employee salaries 001 640 - 3112 - 1002 83,892.00 Regular employee salaries 001 640 3113 - 1002 (122,382.00) Regular employee salaries 001 640 3114 1002 (107,584.00) Regular employee salaries 001 640 3115 - 1002 54,884.00 Regular employee salaries 001 640 3530 - 1002 ( 36,501.00) 539 Regular employee salaries 001 650 2150 1002 1,217.00 Regular employee salaries 001 650 7310 1002 (114,320.00) Regular employee salaries 001 660 1214 1002 ( 17,868.00) Revenues Treasurer 001 110 1234 0613 10,649.00 Commissioner of Revenue 001 110 1234 0612 ( 2,512.00) Sheriff 001 110 1234 0611 17,738.00 Commonwealth's Attorney 001 110 1234 0610 ( 22,811.00) Director of Social Services-Admin 001 110 1234 0685 71,906.00 Employment Services 001 110 1234 0681 ( 31,816.00) VISSTA 001 110 1234 0671 ( 12,441.00) CSA - State Administration 001 110 1234 0693 4,075.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk A PPROVED Ralph K. Smith Mayor ,540 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36737-062104. AN ORDINANCE to establish funding for the Roanoke Grow America Fund, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Economic Development 008-002~645-9003 008-310~688-9003 008-530-9575-9178 $(800,000.00) 225,000.00 575,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36738-062104. AN ORDINANCE authorizing the City Manager and City Clerk to execute and attest, respectively, an amendment to the License Agreement entered into with Arena Ventures, LLC, dated May 18, 2001, as amended, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively; an amendment to the License Agreement entered into between the City of Roanoke and Arena Ventures, LLC, dated May 18, 2001, as amended, amending such agreement to provide for a lower fee for Arena Ventures' use of the Roanoke Civic Center Coliseum and certain other City facilities, and to allow the sharing of a greater percentage of the Roanoke Civic Center facility surcharge fee between the parties, as further described in the City Manager's letter to City Council dated June 21, 2004. All documents to be executed shall be upon form approved by the City Attorney. this ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of ATTEST: Mary F. Parker City Clerk APPROVED Mayor 542 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36739-062104. AN ORDINANCE amending and reordaining Chapter 26, Sewers and SewaRe Disposal, Code of the City of Roanoke (1979), as amended, by adding, amending, and repealing certain sections in order to conform them with changes necessitated by the implementation of the Western Virginia Water Authority (WVWA); providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 26, Sewers and Sewage Disposal, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE I. IN GENERAL Sec. 26-1.1. Applicability of rules, regulations and sewer use standards of the Western Virginia Water Authority. All applicable rules, regulations, and sewer use standards of the Western Virginia Water Authority (WVWA) shall apply to any sewer service or use and any sewage treatment or discharge provided through or to any facilities or property of the city. Sec. 26-1.2. Authorization for the Western Virginia Water Authority to enforce provisions of this chapter. The Western Virginia Water Authority (WVWA) is hereby authorizedL to the extent permitted by law, to enforce all applicable provisions of Chapter 26 of the Code of the City of Roanoke (1979), as amended, in order to carry out the WVWA purposes of providing water, sewer service, and sewage treatment to the residents of the city. 543 Sec. 26-2. Use of house or building without approved method of disposal of sewage prohibited. It shall be unlawful for the owner of any house or building used as a place of human habitation, any warehouse, any public building or other place where human beings congregate or are employed in the city to use or occupy, or to rent or lease the same for the use or occupancy by any person, or for any person to use or occupy the same unless and until the house or building shall have been supplied or equipped with an approved method of disposal of human excreta. Such method of disposal shall comply with the provisions of this chapter and the regulations of the state department of health and the rules and regUlations of the WVWA. Sec. 26-3. Mandatory sewer connections. The owner or person constructing a house or building as described in Sec. 26-2, on property abutting in any manner upon a street, alley, public right-of-way or public easement through which runs a public sanitary sewer, shall be required to connect such house or building with such sewer in accordance with the provisions of this chapter and the rules and regulations of the WVWA. Any person who shall fail to make such connection, after sixty (60) days notice from the ~ WVWA, shall be guilty of a violation of this section. If a public sanitary sewer line is not abutting such property, an off-site extension of the existing public sanitary sewer system shall be made in accordance with the provisions of this chapter. Off-site sewer system requirements are described further in section 26-8. Sec. 26-4. Permit Authorization for sewer connections. ~_,~-~ It shall be unlawful for any person to make a connection to any public sanitary sewer, unless ~.mitauthorization so to do has been issued by the_..,~;"' .m.:n:;crWVWA.r.,.,..._...,_.^--'-';"~':---. or ~..*h...;.,~.~ :~,C.':.t---"~ t.k.: ..... ,4. ; .... I,,,.,~--.'* I.,.~, *, .... *,, ~ 544 Sec. 26-5. Plans and specifications for connection of private drain or sewer to public sewer. All Connections of private drains or sewers ';;~th to thc public sewers ef within the city shall 'be made in accordance with the rules and regulations and plans and specifications therefor prescribed by the c~t:,' .-c..=.-.=;=.-'~,YVWA. Sec. 26-6. Responsibility of plumbers or persons for damage to sewers or streets. The licensed plumber or any other person who connects any private drain with a public sewer shall be held responsible for any injury he-may-eauseand damages that may result to the sewer or any public street or alley. HeSuch plumber or person shall restore the public street or alley to its former condition to the satisfaction of the city manager. 545 Sec. 26-8. Extension of sanitary sewers within city. ,546 . Any extension of a public sanitary sewer within the city shaft be done only with the authorization from the WVWA pursuant to the rules and regulations of the WVWA. 547 Sec. 26-9. Easements for ~. ..... =c;'.'c:= =cd storm drains. Whenever, in the course of the authorized construction or extension of any portion of the city's system of public c: storm drains, it is planned to construct any part thereof over privately owned property and the owner of such property is willing to donate and convey to the city, without charge, a perpetual easement and right-of-way therefor which conforms to the plans and specifications for the project and such owner has tendered to the city a deed of conveyance therefor, upon such form as is approved by the city attorney, the city manager is hereby authorized to accept such conveyance, on behalf of the city, and cause the same to be forthwith delivered to the city clerk for recordation in the appropriate clerk's office. ........ ':"" *" b= .d.=tcrm~ncd == =ct fc~h in 548 (3) The ch=:;c=; ...... k · .......,.,; ..... 549 Sec. 26.11. Discharge of contents of septic tank cleaning trucks into sanitary sewer. ~-~ No owner or operator of a septic tank cleaning truck or other similar vehicle shall discharge the contents thereof into the ..i,..,. public sanitary sewer system at any location, public or private, other than as provided for and approved by the WVWA. A violation of this section shall constitute a class 1 misdemeanor, ct thc !cc=t!c.".= :t ,k., ~=,..,~ . ........... c=d ' cp:~:c~, ................................................. ,550 Sec. 26-12. Backflow preventive valve for sanitary sewer drains. (a) All building sanitary sewer drains that are known to be subject to backflow of sewage by the overcharging of the public sewer system shall be provided with a backflow preventive valve which shall be installed near the inner face of the building°s basement wall or, if there is no basement, such valve shall be installed in an outside line and provisions made to service such valve. The installation of a backflow preventive valve shall be inspected by the WVWA. and/or .the city manager. Such valve shall meet the technical requirements established by :cct~c=: P 1003.3, P *.-n03.~ :.".~ P *.n..n3.5 cf th= "--"--"'=k";~'~" .... ..--.-'~" the applicable provisions of the Uniform Statewide Building Code adopted by section 7 13 7-5 of this Code, and such valve shall be installed in accordance with secret.-.: P ~.003.2 :.-.~ P *.0_n3.5 cf such building code and any regulations promulgated by the WVWA and/or the city manager, which shall be available for public inspection. (c) It shall be the duty and responsibility of the building owner or his designee to maintain the valve required by this section in proper working condition. The failure of any building owner to install or have installed such backflow preventive valve, or the failure of any such owner or lessee, where the lessee is responsible for maintenance, to maintain such backflow preventive valve shall relieve the city and the WVWA of any and all liability for damage caused as a result of sewage backflow. ARTICLE "L SEWAGc TR=-AT~EHT ^._n n,oon=^, CH~... DGES - C- E.u. -P~J.-Lv - · 551 552 (c) E cc;t ' cf 553 554 charges :.-,d b-th th--' :,.--,c",-,t cf --.air thc bi. ....... ,,~..,~,i ...... ,i ~,i'~ .... such Ck=:"C=-- u ,i"^ of--f~m~. C.., cf Rc:~c~: -%;;':~',c Trc:t..--.c.-.t .=".-.d." 555 ARTICLE IlL SEWER USE STANDARDS Sec. 26-43. Definitions. Control authority for purposes of this article only shall mean the ""~" ...., ..'=.=~=;~: c: .... WVWA or its duly authorized representative. Normal Wastewater means wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than two hundred fifty (250) mg/I, total phosphorus is not more than fifteen (15) mg/I, total Kjeldahl nitrogen is not more than eighteen (18) mg/I =_.._.._"~'""~ ~._. __, 3nd the discharge is not subject to 40 CFR Part 403. Plant means the C~WVWA's Regional Water Pollution Control Plant. P.O.T.W. means a publicly-owned treatment works; a "treatment works" as defined by Section 212 of the Act (33 U.S.C. Sec. 1292) which is owned by the c!tyWVWA. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the _..~ WVWA. 556 Storm sewer means a,.__.._""k';- city owned sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed. User char~le means the charge made to those persons who discharge normal wastewater into the c~yzsWVWA's sewer system 'rh~: ch:;;: ~k.,, ;...,...~ ....... .-,,....,.. ~k .... · .... Wastewater treatment plant means facilities, devices and structures processing and treating wastewater, sludge from the sanitary sewers. any :!.~'WVWA-owned used for receiving, industrial wastes and Western Vir~linia Water Authority (WVWA) means the Western Virginia Water Authority, a public body corporate established pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of'Virginia (1950), as amended. Sec. 26-44. General requirements. (a) All discharges into any public sewers shall conform to the requirements of thi= :.'t.i:i:; the Virginia Department of Health, this chapter, and the rules and regulations of the WVWA; however, the federal categorical pretreatment standards as amended, 40 C.F.Ro Chapter I, Subchapter N, Parts 401-471, or any standards imposed by the Virginia department of environmental quality, water programs or its successor in authority, as amended, are hereby incorporated by reference where applicable and shall take precedence where such standards are more stringent than those set forth ~this-arli~leabove. 557 (b) No significant industrial user or other user as determined by the control authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article and the rules and regulations of the WVWA. (d). Unless authorized by the Virginia department of environmental quality, water programs or its successor in authority, no person shall deposit or discharge any waste included in subsection (c) of this section on public or private property in or adjacent to any natural outlet, watercourse, storm sewer or other area within the jurisdiction of the city. (g) In the event of an emergency, as determined by the control authority, the control authority and/or the city shall be authorized to immediately halt any actual or threatened discharge. Sec. 26-47. Discharge of garbage. (a) No person may discharge garbage into public sewers, !t ' =h.-c-Jdcd tc c=."r!ed ' ~.,,k..~ =c'.'.'=r= P3."t!c!c= .... .... *k ..... k.~ ;...-k ; ..... ~ .... ; ..... pt by th ................ prch!b~tcd.exce as may be authorized e WVWA. Sec. 26-48. Discharge of stormwater and other unpolluted drainage. (a) No person shall discharge into public sanitary sewers: 558 - Any other substance or item prohibited by the WVWA. (b) The :c.-.t:=~ =uthcr~.~'city manager shall designate storm sewers and other water courses into which unpolluted drainage described in subsection (a) of this section may be discharged. Sec. 26-55. Measurement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authority submit monthly, or at other frequency as may be required by the control authority, to the ";*" _.., WVWA, on forms supplied by the :~tyWVWA, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the cL~.WVWA or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the c!tyWVWA not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the control authority and shall, as a minimum, include: (c) In order to provide for accurate sampling and measurement of industrial wastes, each person discharging Group A wastewater, or other regulated wastewater, if deemed necessary by the control authority, shall provide and maintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line, where feasible. If inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the =~t:,'H~I/VA. There shall be ample room provided in each sampling chamber to enable convenient inspection and sampling by the c~tyWVWA and/or the city. 559 Sec. 26-57. Waiver or modification of requirements of article. The control authority shall have the right to waive or modify as may be allowed by the WVWA, on an interim basis to be noted in any permit issued under this article, the requirements of this article as they pertain to strength of contaminants. No such waiver or modification shall be granted contrary to any city, state or federal regulation and no waiver or modification shall be granted, if it would result in the ";~" _.., WVWA violating its discharge permit, as it is now issued or as such permit may be amended. Sec. 26-58. Charges generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs as provided for by the WVWA. When a permit application for industrial waste is approved, the city, the WVWA, or its authorized representative shall issue a permit stating: (1) The terms of acceptance by the city or the WVWA; and Sec. 26-59. User charges and added costs. User charges and added costs shall be set by the WVWA and paid to the WVWA as set forth in its rules and regulations. 560 561 ,562 563 Sec. 26-63. Right of entry to enforce article. (a) The control authority and other duly authorized employees, agents, or representatives of the city and/or the WVWA bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this =.'t.~c~cchapter for sampling purposes, inspect monitoring equipment and to inspect and copy all documents relevant to the enforcement of this =.-t!c!cchapter, including, without limitation, monitoring reports. (b) Appropriate information submitted to the control authority and/or the city pursuant to these regulations excluding any information utilized in determining effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential business information" on each page containing such information. If a claim is asserted, the information shall be treated in accordance with applicable law. Sec. 26-64. Authority to disconnect service. (a) The city reserves the right to request the WVWA to terminate water and wastewater disposal services and disconnect a customer from the system and revoke any discharge permit issued under this article when: (2) A governmental agency informs the city or the WVWA that the effluent from the wastewater 'treatment plant is no longer of a quality permitted for discharge into a watercourse, and it is found that the customer is'delivering wastewater to the ..., _WVWA s system that cannot be suffiCiently treated or requires treatment that is not provided by the c!tyWVWA as normal domestic treatment; or ,564 (b) If service is disconnected pursuant to subsection (a)(2) of this section, the ...., WVWA shall: (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to re. move the objectionable characteristics from h~:lts wastes. Sec. 26-66. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class I misdemeanor and upon conviction is punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) per violation per day and confinement in jail for not more than twelve (12) months, either or both. in the event of a violation, the control authority shall also have the right to terminate the sewer and water connection and the city shall have the right to request the WVWA to terminate such connections. (b) Alternatively or in addition to proceeding under authority of subsection (a) of this section, the control authority and/or city may provide that administrative civil fineS be assessed against any person who violates the provisions of this article or any orders, rules, regulations, or permits issued hereunder or pursuant to the city's and/or the WVWA's enforcement response plan. Such administrative civil fines may be in an amount up to two thousand five hundred dollars ($2,500.00) per violation per day, the amount to be set by the WVWA and/or the city manager. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. The enforcement of such administrative civil fines may be had through the courts of the Commonwealth of Virginia in addition to any other legal means available to the WVWA and/or the city. In addition to the administrative civil fines provided for herein, the WVWA and/or the city may also recover reasonable attorney's fees, court costs, court reporter's fees, expert witness fees and other expenses of litigation by an appropriate suit at law against any such person 565 found to have violated the provisions of this article or any orders, rules, regulations, or permits issued hereunder or pursuant to the city's and/or the WVWA's enforcement response plan. (c) Alternatively or in addition to proceeding under authority of subsections (a) and/or (b) of this section, the control authority and/or city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statutes or other ordinances of the city against a person conducting a prohibited discharge or violating a pretreatment standard or requirement, including, without limitation, injunctive relief. (d) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this article or by the WVWA, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article or by the WVWA shall, upon conviction, be punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) per violation, per day, or imprisonment for not more than twelve (12) months, or both. (e) The control authority and/or city manager shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. Sec. 26-67. Payment of costs for work required by prohibited deposits. In any case where a sewer main or pipe connection is stopped or choked by any materials or rubbish being deposited therein contrary to the provisions of this article, by any tenant or property owner, upon due ascertainment by the ~"+ ......... heWVWA, it shall cause the main pipe connection to be opened, cleaned or repaired, and shall,cause the cost of doing such work to be collected from the property owner. The payment of such cost shall not relieve any person from the prosecution for a violation of this article. 566 2. This ordinance shall be in full force and effect on and after July 1, 2004. 3. Pursuant to t.he provisi.o, ns of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36740-062104. AN ORDINANCE repealing §§35-1 through 35-4, of Article I, In General, and amending and reordaining §§35-14, 35-16, 35-17, and 35-23, and repealing §§35-22 and 35-26, of Article II, Carvins Cove Natural Reserve, and repealing §§35-42 through 35-56, of Division 2, Boating, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, adding appropriate references to the Western Virginia Water Authority, and repealing those sections no longer applicable as a result of the creation of the Western Virginia Water Authority; providing for an effective date; and dispensing with the second reading by title of this ordinance. 567 BE IT ORDAINED by the Council of the City of Roanoke as follows: Water, of repealed. Sections 35-1 through 35-4, Article I, In General, of Chapter 35, the Code of the City of Roanoke (1979), as amended, are hereby S:ct!c.-. 3_~ 3. 2. Subsection (b) of §35-14, Application of article; definition, and §35-16, Designation and use of restricted area, of Division 1, Generally, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained, by amending the definition of the term, "Carvins Cove Natural Reserve", and by the addition of a reference to the Western Virginia Water Authority and the City of Roanoke, to read and provide as follows: 568 Section 35-14. Application of article; definition. (b) Unless indicated to the contrary, the term "Carvins Cove Natural Reserve," as used in this article, shall mean all of the land~ =.-.d l=.-.d "=-J_er '.'.'=t=r, owned by the city, situated partly in the County of Roanoke and partly in the County of Botetourt, and extending beYond the watershed of Carvins Creek, """~-~";"~__..._......= :;;.'"c~!..'~.:t:~' k..A,......._.._ t?.C..C_~.-.~, t;4'~'-,---,nnnt -...- ..... · Such property shall not include property owned by the Western Virginia Water Authority. Section 35-16. Designation and use of restricted area. That part of the CarvinS Cove Natural Reserve situated immediately above and within approximatelY five hundred (500) feet of the dam, ;-,-',.,~;--~ '-'-'~ *-'-'~ .... '"- shall be a permanent restricted area and the boundaries thereof suitably marked by either the City or the Western Virginia Water Authority as agreed. Any portion of the These boundaries within the Carvins Cove Natural ReServe may be reasonably extended or contracted, from time to time, in the discretion of the city manager. The establishment of this restricted area is for the specific purpose of safeguarding the city's water supply. However, the dam may be visited by persons on foot within the Carvins Cove Natural Reserve only for the purpose of obtaining general views of the dam and adjoining area. Employees of the city, when engaged in the performance of their duties, may visit the restricted area at any time. 3. Section 35-17, Desiflnation and .qeneral use of recreational area, of Division I, Generally, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), to revise recreational privileges, to read and provide as follows: Section 35-17. Designation and !:leneral use of recreational area. (b) Recreational privileges, for the purposes of this article, are hereby classified as: 569 ~-,~1} Picnicking, ~(2} Hiking, ~-,~3) Bicycling, and ~(4} Horseback riding, 4. Section 35-22, FishinR, of Division 1, Generally, of Article II, Carvins Cove Natural Reserve., of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby repealed. Section 5. Section 35-23, Swimmin.q prohibited, of Division 1, Generally, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: ,570 Section 35-23. Swimmin.q prohibited. It shall be unlawful for any person to swim, wade or bathe in-the rc=c.'-:cL', cr in any stream flowing into the reservoir within the Carvins Cove Natural Reserve. 6. Section 35-26, Smokin.q or lighting flame on pier, of Division 1, Generally, of Article II, Carvins cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby repealed. --. c ct ~c.". 3536. 7. Sections 35-42 through 35-56, of Division 2, BoatinR, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, are hereby repealed. bc I.-~ ~-~:C~~ ' · ,.~ · ~k~ ~.~.;.~ ~ .... M~, ...., ~ ,~ ~k~..,_ 'C:C~:C" Cr .-.. 1~ ................................ , cr 571 572 573 35-52. ,574 in?,"c,".c: cf 8. This ordinance shall be in full force and effect on and after July1, 2004. 575 9. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. P~rarke~ City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36741-062104. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from timeto time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and 576 WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with,enactments of the most recent Session of the General Assembly; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Mayor 577 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36742-062104. A RESOLUTION approving the assumption of certain revenue bonds by the Western Virginia Water Authority. WHEREAS, the City of Roanoke, Virginia (the "City") and the County of Roanoke, Virginia (the "County") propose to transfer their respective water and sewer systems to the Western Virginia Water Authority (the "Authority") pursuant to an Operating Agreement among the County, the City and the Authority. WHEREAS, the Authority proposes to assume-certain revenue bonds of the County and the City, respectively, pursuant to an Assumption Agreement (the "Assumption Agreement") among the County, the City, the Authority and the Virginia Resources Authority. WHEREAS, the City issued its $17,511,501 Sewer Revenue Bond, Series 2003 (the "2003 Bond") to the Virginia Resources Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: I. Authorization of Assumption Agreement. 'The execution and delivery of the Assumption Agreement by the. City are'authorized. The Assumption Agreement shall be in substantially the form attached to the letter of the Director of Finance, dated June 21, 2004, and may contain such changes, insertions, deletions or corrections as the City Manager and the Mayor, or either of them,-shall approve, such approval to be evidenced conclusively by the execution and delivery of the Assumption Agreement. 578 2. Execution of Documents. 'The City Manager and the Mayor, or either of them, are authorized to execute on behalf of the City the Assumption Agreement, and, if required, the City Clerk is hereby authorized to affix or to cause to be affixed the seal of the City to such documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the City such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Assumption Agreement; and all of the foregoing, previously done or performed by such officers or agents of the City, are in all respects approved, ratified and confirmed, ATTEST: Mary F. Parker City Clerk Effective Date. This Resolution shall take effect immediately. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36743-062104. AN ORDINANCE amending §22.2-2, Definitions., of Chapter 22.2, Pensions and Retirement., Code of the City of Roanoke (1979), as amended, to provide for the continued participation of certain City employees in the City's retirement plan after they become employees of the Western Virginia Water Authority; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.2-2, Definitions, of Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 579 §22.2-2. Definitions. The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. Words importing male gender shall be construed to include female, and singular words shall be deemed to include plural and plural words shall be deemed to include singular, whenever appropriate. As used in this chapter: Eligible employee shall mean: (3) The city manager, city attorney, director of finance municipal auditor · :=l'-'=t~c.-., and the city clerk (the "council appointed office rs"); (8) Every employee of the city who becomes an employee of the Western Virginia Water Authority as of July 1, 2004, shall continue to be a member of the city plan. Participating employer shall mean the city and any employer who with the consent of the city council upon recommendation by the board shall adopt the city plan; provided that the employer is a governmental employer as defined in Section 414(d) of the Internal Revenue Code of t986 as amended. The current participating employers are: the city, City of Roanoke School Board; Roanoke Regional Airport Commission; Roanoke Valley Resource Authority; Western Virginia Water Authority;, and Roanoke Valley Detention Commission. The board shall keep a record of the dates participation began. 58O 2. Pursuant to §12 of the Roanoke Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36744-062104. AN ORDINANCE appropriating funds to reallocate and provide additional funding for certain internal service charges, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Department of Technology Department of Technology Risk Management Overhead Department of Technology Motor fuel & lubricants Risk Management Overhead Fleet Management Motor fuel & lubricants Department of Technology Risk Management Overhead Fleet Management Department of Technology Department of Technology Department of Technology Department of Technology Department of Technology Fleet Management Life insurance Department of Technology Motor fuel contingency Department of Technology Department of Technology Department of Technology Risk Management Overhead Fleet Management Fleet Rental Department of Technology Fleet Management Fleet Rental Risk Management Overhead Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Department of Technology Fleet Rental 001-110-1234-7005 001-124-2120-7005 001-125-2110-7017 O01-130-1233-7005 001-140-2140-2038 001-140-2140-7017 001-140-2140-7025 001-140-3310-2038 O01-140-3310-7005 001-140-3310-7017 001-140-3310-7025 001-150-2210-7005 001-230-1235-7005 001-240-1240-7005 001-250-1231-7005 001-250-1232-7005 001-250-1232-7025 001-250-9110-1130 001-300-1211-7005 001-300-9410-3012 001-340-1261-7005 001-410-1212-7005 001-430-4130-7005 001-430-4130-7017 001-430-4170-7025 00 t -430-4170-7027 001-440-1237-7005 001-440-1617-7025 001-440-1617-7027 001-440-4220-7017 001-440-4220-7027 001-440-4330-2038 001-440-4330-7017 001-440-4330-7025 001-440-4330-7027 001-520-3211-7005 001-520-3211-7027 581 $ 2,193.00 2,498.00 1,587.00 2,319.00 4,298.00 (1,122.00) (1,720.00) 1,787.00 6,475.00 8,523.00 5,789.00 4,265.00 1,801.00 1,861.00 9,246.00 4,502.00 (1,366.00) (293,689.00) 1,050.00 (100,000.00) 2,443.00 2,762.00 4,650.00 (1,417.00) (1,312.00) (1,578.00) 1,443.00 (3,228.00) 2,453.00 (1,122.00) (2,745.00) 4,386.00 (1,452.00) (s,548.00) (2,285.00) 3,769.00 (1,354.00) .582 Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Risk Management Overhead Fleet Management Fleet Management Motor fuel & lubricants Department of Technology Risk Management Claims Risk Management Overhead Fleet Management Fleet Rental Motor fuel & lubricants Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Department of Technology Risk Management Claims Fleet Management Fleet Rental Department of Technology Fleet Management Fleet Rental Department of Technology Fleet Management Fleet Rental Department of Technology Department of Technology Fleet Rental Motor fuel & lubricants Risk Management Claims Risk Management Overhead 001-520-3212-7025 001-520-3212-7027 001-520-3213-2038 001-520-3213-7017 001-520-3213-7025 001-520-3213-7027 001-520-3521-7017 001-520-3521-7025 001-530-1280-7025 001-530-4110-2038 00t -530-4110-7005 001-530-4110-7009 001-530-4110-7017 001-530-4110-7025 001-530-4110-7027 001-530-4160-2038 001-530.4160-7025 001-530.4160-7027 001-530.4210-2038 001-530.4210-7017 001-530-4210-7025 001-530-4210-7027 001-530-4310-7005 001-530.4310-7009 001-530.4310-7025 001-530-4310-7027 001-610-34t 0-7005 O01-610-3410-7025 001-610-3410-7027 001-610-8110-7005 001-610-8110-7025 001-610-8110-7027 001-615-8112-7005 001-615-8113-7005 001-615-8113-7027 001-620-4340-2038 001-620-4340-7009 001-620.4340-7017 3,802.00 (9,605.00) 4,105.00 9,021.00 5,918.00 (13,587.00) ( 1,023.00) 1,745.00 1,702.00 8,634.00 1,145.00 26,483.00 ( 1,649.00) 21 ,?08.00 31,079.00 5,295.00 2,507.00 4,585.00 38,998.00 (1,769.00) (62,455.00) 6,466.00 3,243.00 157,420.00 5,392.00 ( 1,152.00) 1,109.00 ( 6,761.00) ( 5,021.00) 2,950.00 2,034.00 ( 9,707.00) 1,378.00 1,803.00 (2,193.00) 1,277.00 1,500.00 5,897.00 Fleet Management Fleet Rental Fleet Management Fleet Rental Department of Technology Department of Technology Risk Management Overhead Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Fleet Management Fleet Management Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Claims Risk Management Overhead Fleet Management Fleet Rental Department of Technology Risk Management Overh, e.~d~ Fleet Rental Risk Management Overhead Fleet Management Fleet Rental Motor fuel & lubricants Fleet Management Fleet Rental Department of Technology Risk Management Overhead Fleet Rental 001-620-4340-7025 001-620-4340-7027 001-620-7110-7025 001-620-7110~027 001-620-7111-7005 001-630-5311-7005 001-630-5313-7017 001-630-5314-2038 001-630-5314-7017 001-630-5314~025 001-630-5314-7027 001-631-3350-7025 001-631-3360-7025 001-640-3111-7025 001.640-3111-7027 001-640-3112-2038 001-640-3112-7017 001-640-3112-7025 001-640-3112-7027 001-640-3113-2038 001-640-3113-7009 001-640-3113-7017 001-640-3113-7025 001.640-3113-7027 001-640-3114-7005 001-640-3114-7017 001-640-3114-7027 001-640-3115-7017 001-640-3115-7025 001-640-3115-7027 001-640-3530-2038 001-640-3530-7025 001-640-3530-7027 001-650-7310-7005 001-650-7310-7017 001-660-1214-7027 583 (11,039.00) 17,251.00 (4,675.00) (5,699.00) 3,007.00 2,151.00 (2,S34.00) 1,356.00 ( 2,405.00) (14,776.00) (4,223.00) 1,438.00 ( 1,716.00) 1,548.00 ( 2,315.00) 7,739.00 ( 1,614.00) 7,503.00 (21,667.00) 48,106.00 3,212.00 (6,132.00) 29,488.00 24,809.00 11,360.00 ( 1,452.00) ( 1,760.00) 4,527.00 2,697.00 6,159.00 1,903.00 (2,366.00) (5,136.00) 9,300.00 5,740.00 ( 1,921.00) 584 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36745-062104. AN ORDINANCE to appropriate funding for elementary improvements and school bus maintenance and to establish a new grant, amending and reordaining certain sections of the 2003-2004 School and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Fund Appropriations Compensation of Bus Mechanics Social Security Maintenance Service Contracts Replacement - Machinery and Equipment 030-062-6863-6678-0191 030-062-6863-6678-0201 030-062-6863-6678.0332 030.062-6863-6678.0801 $ 27,385.00 2,095.00 40,000.00 255,000.00 585 Revenues Local Match Fees School Capital Projects Fund Appropriations Appropriated from General Revenue Appropriated from General Revenue 030-062-6863-1101 030-062-6863-1103 031-065-6068-6896-9003 031-065-6999-6896-9003 $ 26,124.00 298,356.00 30,000.00 (30,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~__~~~~/ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36746-062104. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Tuesday, July 6, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: 586 1. The place of commencement of the meeting of City Council scheduled to be held at 9:00 a.m., on July 6, 2004, will be Room 212, at the Roa,noke Higher Education Center, 108 North Jefferson Street, in the City of Roanoke; with the 2:00 p.m. session on the same date to be held in City Council Chamber of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City. 2. Resolution No. 36414-070703, adopted July 7, 2004, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and that it be advertised in a newspaper having general circulation in the City at least seven days prior to July 6, 2004. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36747-062104. AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. 587 WHEREAS, Public Facility Consortium, LLC has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 21, 2004, after due and timely notice thereof as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, designated on Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax Nos. 6410105 and 6410106, be, and are hereby rezoned from RS-3, Residential Single Family District, and C-2, General ,588 Commercial District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 27, 2004, and that Sheet No. 64t of the 1976 Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36748-062104. AN ORDINANCE to amend Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No.709, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Mid.South Management, LLC filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land lying at the intersection of Orange Avenue and King Street, N.E., being designated as Official Tax No. 7090511, which property was previously rezoned C-2, General Commercial District, with proffers, by the adoption of Ordinance No. 29147, adopted June 20, 1988; WHEREAS, Mid-South Management, LLC seeks to have the subject property zoned C-2, General Commercial District, with proffers amended from those accepted by City Council in Ordinance No. 29147, adopted June 20, 1988; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 589 WHEREAS, a public hearing was held by City Council on such application at its meeting on June 21, 2004, after due and timely notice thereof as required by Section 36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land lying at the intersection of Orange Avenue and King Street, N.E., being designated as Official Tax No. 7090511, and the matters presented' at the public hearing, should be amended as requested~ so that the property is zoned C-2, General Commercial District, with proffers amended fromthoseaccepted by Council bythe adoption of Ordinance No. 29147 on June 20, 1988. - THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1~4, Code of the City of Roanoke (1979), as amended, and Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition to Amend Proffers filed in the City Clerk°s Office on May 27, 2004, and as set forth in the report of the Planning Commission dated June 21, 2004, so that the subject property is zoned C-2, General Commercial District, with proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title .is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 590 -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36749-062104. AN ORDINANCE amending and reordaining §32-102.2, Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district to expand such district; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-102.2, Defined, of Chapter 32, Taxation, Code of the City · of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: §32-102.2. Defined. (a) The boundaries of the downtown service district shall be defined to include the following area areas: BEGINNING at the northeast corner of 5th Street and Marshall Avenue, S.W., thence with the east side of 5th Street, S. W. in a northerly direction crossing the Norfolk and Western Railway tracks at the 5th Street Bridge to the north boundary line of the Wometco property, thence with the north boundary line of Wometco as it meanders in an easterly direction to the north right-of-way line of Loudon Avenue, N. W., thence with the north right-of-way line of Loudon Avenue, N, W., in an easterly direction to its intersection with the west right-of-way line of 1st Street, N. W., thence with the west right-of-way line of 1st Street, N. W., to its intersection with the south right-of-way line of Wells Avenue, N. W. (and shall include Official Tax Map Nos. 2012947, 2012942, 2012941, 2012940, 2012949, 2012923, and 2012922 fronting on the west side of 1st Street, N. W.), thence with the south right-of-way line of Wells Avenue, N. W., in an easterly direction crossing Jefferson Street to its intersection with the west right-of-way line of Williamson Road, N. W. (except for property fronting on the south side of Wells Avenue identified by Official Tax Map Nos. 2013004, 2013005, 2013006, 2013007, and 2013008), thence with the west right-of-way line of Williamson Road, 591 N. W., in a southerly direction to its intersection with the south right- of-way line of the Norfolk and Western Railway, thence with the south right-of-way line in an easterly direction to its intersection with the west right-of.way line of Route 581, thence with the west right-of- way line of Route 581 and 220 (Southwest Expressway) in a southerly direction as it crosses Tazewell Avenue, S. E., and Elm Avenue, S. E., to a point where the south right-of-way line of Highland Avenue intersects the west right-of-way line of Route 581 and 220 (Southwest Expressway), thence with the south right-of-way line of Highland Avenue, S. E., in a westerly direction to its intersection of Jefferson Street, thence with the west right-of-way line of Jefferson Street in a northerly direction to its intersection with Mountain Avenue, S.W., thence with the north right-of-way line of Mountain Avenue, S. W., in a westerly direction to its intersection with 1st Street, S. W., thence with the east right-of.way line of 1st Street, S. W., in a northerly direction to its intersection with Elm Avenue, S. W., thence with the north right-of-way line of Elm Avenue in a westerly direction to its intersection with Franklin Road, S. W., thence with the east right-of-way line of Franklin Road, S. W., in a northerly direction to its intersection with Marshall Avenue, S. W., thence with the north right-of-way line of Marshall Avenue to its intersection with 5th Street, S. W., the place of BEGINNING; and BEGINNING at a point at the southwesterly corner of Marshall Avenue and 5th Street, S. W., thence traveling with the southern right-of-way line of Marshall Avenue in a westerly direction approximately 648.00 ft., ttience crossing 6th Street, S. W., approximately 50.00 ft. to a point being the southwest corner of 6th Street and Marshall Avenue, thence continuing along the southerly right-of-way line of Marshall Avenue approximately 517.00 ft., thence crossing in a northerly direction approximately 50.00 ft. to the northeast corner of Marshall Avenue and 7th Street, thence with the east right-of-way line of 7th Street approximately 636.00 ft. to the southeast corner of Campbell Avenue and 7th Street, thence in a northwesterly direction approximately 112.00 ft. to the southeast corner of 7th Street and Patterson Avenue, thence along the east right-of-way line of 7th Street approximately 130.00 ft. to an alley, thence along the southerly right-of.way of said alley approximately 511.00 ft. to 6th Street, thence crossing 6th Street approximately 52.00 ft. to the southerly right-of-way line of said alley, thence approximately 644.00 ft. to the west right-of-way line of 5th Street, thence with the westerly right-of-way line of 5th Street approximately 1001.00 ft. to the Place of BEGINNING. 592 (b) References to street names and official tax numbers set out in paragraph (a) of this section are based upon Roanoke City Official Appraisal Maps as of October 28, 1986. The above described areas is are fully shown on a map, dated November 3, 1986, entitled "Downtown Service District, Roanoke, Virginia," and a map, dated May 24, 2004, "Expansion of Downtown Service District effective July l, 2004" -- ==;y copies of which is are on file and available for public inspection in the Office of the Roanoke City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 3. .Pursuant to the prov,sions,Of Section 12 of the City Charter, the second reading of this ordinance by title ~s hereby dispensed with. · Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36750-062104. AN ORDINANCE approving the Franklin Road/Colonial Avenue Area Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Franklin Road/Colonial Avenue Area P~an; and dispensing with the second reading of this ordinance by title. WHEREAS, the Franklin Road/Colonial Avenue Area Plan (the "Plan") was presented to the Planning Commission; 593 WHEREAS, the Planning Commission held a public hearing on May 20, 2004, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of Section 15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, June 21, 2004, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Franklin Road/Colonial Avenue Area Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Franklin Road/Colonial Avenue Area Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this Ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor ,594 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36751-062104. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such applicatiOn by the City Council on June 21, 2004, after due and timely notice thereof as required by Section 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 32.5 square foot portion of a ~15' alley between 3rd and 4th Streets, S.W., adjacent to a parcel of land bearing Official Tax No. 1011306, 595 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, Without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of.way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right- of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 596 - BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. the City Charter, dispensed with. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the second reading of this ordinance by title is hereby ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36752-062104. AN ORDINANCE to appropriate funding approved by the General Assembly and to decrease the funding from the City, amending and reordaining certain sections of the 2004-2005 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructions Administrative Services Attendance & Health Services Transportation Services Operation & Maintenance of Plant $ 2,444,090.00 246,820.00 114,788.00 144,823.00 316,464.00 Capital Outlay Debt Services Revenues Grants-in-Aid Commonwealth State Sales Tax (ADM) Transfer from General Fund $ 382,560.00 400,000.00 3,022,732.0O 1,231,568.00 204,755.00) S97 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2~st day of June, 2004. No. 36753-062104. A RESOLUTION AUTHORIZING THE ISSUANCE OF 'rVVENTY-TVVO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($22,350,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, OR THE REALLOCATION OF THE PROCEEDS OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS HERETOFORE ISSUED BY THE CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OFTHE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENT PROJECTS AND THE ACQUISITION AND INSTALLATION OF VARIOUS CAPITAL EQUIPMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY ,598 OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES. WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $22,350,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, or the reallocation of the proceeds of General Obligation Public Improvement Refunding Bonds heretofore issued by the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) (i) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects of and for the City set forth in Section 7, the City is authorized to contract a debt and to issue $21,880,000 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). 599 (ii) Pursuant to the Public Finance Act of 1991, for the purpose of providing funds to pay the costs of the acquisition and installation of various capital equipment projects of and for the City, the City is authorized to contract a debt in the form of the reallocation of $470,000 of the proceeds of sale of the City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds, Series 2004, dated February 1, 2004 (the "Series 2004 Refunding Bonds") issued by the City on February 25, 2004, such proceeds of sale being available for such purpose as a result of the restructuring of the advance refunding escrow created and established from the proceeds of sale of the Series 2004 Refunding Bonds and other moneys of the City. (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except-that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. 600 (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of th? principal of and premium, if any, and interest on the Bonds as the same beCome due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and aPpropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer and shall have a facsimile of the corporate seal of the City imprinted thereon, attested bY the manual or facsimile signature of the City Clerk. 601 (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee, of DTC by wire transfer. 602 (b). At all times during which any Bond of any series remains outstand,ng and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar, · (f)- All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond. requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each,maturity of the Bonds'will be issued to and registered in the name of Cede & Co., as nominee of DTC,.as registered owner of the Bonds, and each such Bond will be immobilized in the custody of D?C. DTC will act as securities depository for the Bonds. Individual purchases will be made in book- entry form only, in the principal amount of $5,000 or any whole- multiple thereof. Purchasers will not receive physical delivery of. certificates representing their interest in the Bonds purchased. 603 (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of Principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. 604 SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following capital improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Building Capital Improvement Projects Public School Capital' Improvement Projects Public Parking Facilities $1 t ,105;000.00 8,775,000.00 2~000,000.00 $21,880,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or canse to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to beprepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the DireCtor of Finance is hereby authorized to provide that bids for the pUrchaSe of the'Bonds may be received by electronic bidding. The City Manage~ and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed seven percent (7.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne 605 by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. 606 SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds.. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. 607 SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED No.R-._ MATURITY DATE: REGISTERED INTEREST RATE: DATE OFBOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS .608 KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. 609 The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in Such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percenta.qes of Principal Amount) to __, .__ % to __, __ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. 610 Subject to'.. the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount, of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated as of the day of ,200_. [SEAL] Attest: 611 City Clerk CERTIFICATE OF AUTHENTICATION City Treasurer This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. Registrar By: Authorized Signatory Date of Authentication: ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) ,61 2 - PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change City Clerk Mayor A p p R O ~v;a~soever' // ~' Ralph K. Smith 613 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36754-062104. AN ORDINANCE to appropriate funding to be provided by the Series 2005 Bonds to various capital projects, amending and reordaining certain sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and Department of Technology Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2005 Bond Funds Civic Facilities Expansion/Renovation 005-550-8616-9169 005-550~620-9198 $ 2,300,000.00 (2,300,000.00) Parking Fund Appropriations Appropriated from 2005 Bond Funds Downtown West Parking Garage 007-540-8252-9169 007-540-8254-9197 600,000.00 (600,000.00) Capital Proiects Fund · Appropriations Appropriated from 2005 Bond Funds Appropriated from 2005 Bond Funds Police Building Phase II Fire-EMS Facilities 008-530-9567-9169 008-530-9678-9169 008-530-9820-9825 008-530-9820-9830 6,670,000.00 600,000.00 (6,670,000.00) (600,000.00) Department of Technology Fund Appropriations Appropriated from General 013-430-9865-9003 470,000.00 ,614 Revenue Revenues Transfer from Debt Service Fund 013-110-1234-1193 470,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36755-062104. AN ORDINANCE to appropriate funding from the escrow restructuring savings to the Financial Application Replacement Project, amending and reordaining certain sections of the 2004-2005 General and Department of Technology Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Department of Technology Fund Transfer to Debt'Service Fund 001-250-9310-9513 001-250-9310-9512 $ 196,950.00 (196,950.00) 615 Department of Technology Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund 013~30-9865-9003 013-110-1234-1037 196,950.00 196,950.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED ~/ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36756-062104. AN ORDINANCE amending and reordaining §§31-4, 31-5, 31-6, 31-8, 31-25, 31-26, 31-27, 31-28, 31-29, .31-32, 31-33, 31-36, 31-39,31-54, 31-68, 31-74, 31-86, 31-104, 31-105, 31-106, 31-107, and 31-122, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the state code and the City Code, adding references to the Western Virginia Water Authority, clarifying and amending the responsibilities of. the agent to the Planning Commission with respect to subdivisions, amending filing procedures with respect to subdivision plats and plans as a result of .the creation of the Western Virginia Water Authority, providing for an effective date, and dispensing with the second reading by title of thisordinance. . ; BE IT ORDAINED by the Council of the City of Roanoke as follows: 616 - 1. Section 31-4, Definitions, of Article I, In Genera[, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by the addition of "Authority," and the amendment of the definition of the terms, "Final plat," "Preliminary plan," "Preliminary plat" and "Public utilities," and shall read and provide as follows: §31-4. Definitions. As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section: Authority. The word "authority" shall mean the Western Virginia Water Authority. Final plat. The words "final plat" shall mean that plat submitted to the agent_.._--'~ ";~'_.., .... -..=...--.: .... for final approval and subsequently recorded with the appropriate clerk of the court of the city. Preliminary plan. The words "preliminary plan" shall mean those documents, maps, plats and other material, as required by this chapter, that are submitted to the agent a~ for approval prior to preparation of the final plan. Preliminary plat. The words "preliminary plat" shall mean that plat or layout of a proposed subdivision submitted as part of the preliminary plan to the agent =.-.~ thc c':.~' =.-.;L-.==: for thcS: apProval prior to submission of the final plan. Public utilities. The words "public utilities" shall mean water, gas, sanitary sewer, electrical and telephone lines and facilities and shall include natural or improved drainage facilities. A reference to only one utility or several enumerated utilities shall be a list intended to be exclusive of all utilities not so named. 617 2. Section 31-5, Administration of chapter generally; general powers and duties of Agent, of Article I, In General, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), by updating a reference to the Code of Virginia (1950), as amended, and a reference to the agent's duties, to read and provide as follows: §31-5. Administration of chapter .qenerall¥; general powers and duties of agent. (b) The agent shall perform its the agent's duties in regard to subdivisions and subdividing in accordance with this chapter and the Land Subdivision and Development Act, title 15.2, chapter ~ 22, article 7- 6, of the Code of Virginia (1950), as amended. 3. Section 31-6, Application of and compliance with chapter .qenerally, of Article I, In Genera!, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), to include a reference to the authority, and by adding subsection (e), to set forth the agent's duties with respect to filings, to read and provide as follows: §31-6. Application of and compliance with chapter .qenerally. (b) Whenever the owner or developer of any tract of land located within the city desires to subdivide the same, he shall submit a plat of the proposed subdivision with reference to known or permanent monuments to the agent ~--~ ~-^ ~;*- .... ~ .... in accordance with the requirements of this chapter. No owner or developer shall subdivide land without making and recording a plat of such subdivision in the office of the clerk of the circuit court, and no such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the agent and the city engineer in accordance with the regulations set forth in this chapter. 618 The agent shaft act as the repository for the city engineer and the authority for all documents to be reviewed by the city engineer and the authority and shall forward copies of all plans and plats filed with the agent to the city engineer and the authority for review. Upon completing such review, the city engineer and the authority shall return such plans and plats to the agent. 4: Section 31-8, Lot or parcel boundary line relocation, adjustment or alteration, of Article I, In General., of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by setting forth the parties required to agree to any changes in an interest in public utilities, to read and provide as follows: §31-8. Lot or parcel boundary line relocation, adjustment or alteration. The boundary lines of any existing lot or parcel may be relocated, adjusted or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision approved in conformity with the requirements of this 'chapter, and executed by the owner or owners of such land as provided in Section ~ 15.2-2264, Code of Virginia (1950), as amended, and section 31-31(f) of this chapter, provided such action does not involve the relocation or alteration of any street, alley, easement for public passage, or any other public areas. No easements, interests in land for public utilities, or public utility rights-of-way shall be relocated or altered without the express written consent of all persons or entities holding any interest therein. 619 5. Section 31-25, Pre-preliminary conference; sketch plan, and §31-36, Effect of recording plats as to land set apart for public use, of Article II, Procedural Requirements; Plans and Plats, §31-54, Off-tract sewera.qe and drainage facilities, of Article III, Required Improvements Enumerated, 31-86, In .qeneral, of Article V, Construction Standards, §31-105, Guaranty for completion of improvements, §31-106, Utility installations to be completed prior to occupancy of dwelling, and §31-107, Inspections, of Article VI, Construction Schedule, Guaranty and Inspections, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained, to include a reference to the authority, to read and provide as follows: §31-25. Pre-preliminary conference; sketch plan. (a) Prior to the filing of a preliminary plat, the subdivider shall consult with the agent of the planning commission and the authority concerning the subdivision plans of the subdivider. It is the intent of this requirement that the subdivider may familiarize himself with the regulations of this chapter and that the agent of the planning commission, the authority, and such personnel of the city as may be appropriate and concerned, shall be afforded, by the subdivider, an opportunity to advise and assist the subdivider prior to the preparation of the preliminary plat and related material. (b) Prior to a pre-preliminary conference with the agent and the authority, the subdivider shall prepare a sketch plan showing the following information: (1) Street rights-of-way. (2) Other rights-of-way and easements. (3) Lot lines (sketch). (4) Sites, if any, for parks, sChools, churches, etc. (5) Wooded areas, marshes and similar conditions existing on the site. ,620 (6) (7) Site data: a, b. C. d. Acreage in the tract. Acreage in parks and other land usage. Average lot size. Approximate number of lots. Sketch vicinity map showing relationship between the subdivision and the surrounding area. Section 31-36. Effect of recording plats as to land set apart for public use. The recordation of plats of subdivisions of land shall operate to transfer, in fee simple, to the city such portion of the premises platted as is on such plat set apart for streets, alleys or other similar public uses, or for future street widening, and to transfer to the city or to the authority any easement indicated on such plat to create a public right of passage over the same. Nothing herein contained shall prevent the persons who set apart such land for streets and alleys, or for future street widening, or their heirs, successors and assigns, where otherwise under this chapter they have the right so to do, from erecting, installing, constructing and maintaining electric lines or conduits along or under the portions so set apart, gas lines, water lines, sanitary sewer pipes, drains and drain pipes, electric lines or conduits, when such are constructed, erected, placed, installed and maintained pursuant to the provisions of this chapter and all other applicable laws and regulations. 621 Section 31-54. Off-tract sewerage and drainage facilities. (a) Whenever and wherever conditions, as are caused or aggravated by reason of the subdivision of land under this chapter, necessitate or require, at least in part, the provision of reasonable and necessary sewerage and drainage facilities outside the property limits of the land owned or controlled by the subdivider, the agent, =nd the city engineer, and the authority, may require the subdivider to pay his pro rata share of the cost of providing such facilities. Such share shall be limited to the proportion of the total estimated cost which the increased sewage flow and/or increased volume and velocity of storm water runoff to be actually caused by the subject subdivision bears to the total estimated volume and velocity of such sewage and/or runoff from such area in its fully developed state, to be calculated in accordance with reasonable standards established by the city engineer. (b) No such payment shall be required until such time as the agent, er the city engineer, or the authority, shall have established a general sewer and drainage improvement program for an area having related and common sewer and drainage conditions and within which the land owned or controlled by the subdivider is located. Section 31-86. In .qeneral. All subdivision improvements shall conform to standard specifications, as set forth in this chapter or elsewhere in this Code. In the event that no official Or standard plan, specification or regulation has been adopted by the city regarding the installation of a particular improvement, such improvement shall conform to the plan, specification and regulation then set forth by the agent, the city engineer,_.._....~'-'~'-- *~-..._ ..... -=.....~ or the authority. 622 Section 31-105. Guaranty for completion of improvements. (a) All physical improvements required by the provisions of this chapter for a subdivision, as platted, shall be installed therein and thereon at the expense of the subdivider within a reasonable length of time, not to exceed two (2) years. Pending the actual installation thereof, the subdivider shall execute and file with the city clerk, prior to approval of the final plan, an agreement to make such improvements within a designated reasonable length of time, not to exceed two (2) years, and one (1) of the following: (1) For physical improvements required by the provisions of this chapter that have been completed, an attested certification to the city and the authority that the construction costs of ali such physical improvements have been paid to the person constructing such improvements; (2) A certified check or cash escrow in the amount of the estimated costs of construction of such improvements, as determined by the agent, =..._a the city engineer, and the authority; (3) A personal, corporate or property bond, with surety approved by the director of finance and the city attorney, in an amount sufficient for and conditioned upon the construction of such improvements, as determined by the agent, =.-.~ the city engineer, and the authority; (4) A contract for the construction of such improvements and the contractor's bond, with surety approved by the director of finance and the city attorney, in an amount sufficient for and conditioned upon the completion of such contract, as determined by the agent, ---.-.'~ the city engineer, and the authority; 623 (5) A bank or savings and loan association's letter of credit on certain designated funds satisfactory as to the bank or savings and loan association and form to the city attorney and director of finance, and in an amount satisfactory to the agent, a~d the city engineer, and the authority. (d) The agreement referenced in subsection (a) shall be executed by the subdivider and either the city or the authority, or both, depending upon the identity of the entity obligated to inspect such improvements under section 31-107. of the City Code and entitled to certify the installation of such improvements under section 31-108 of the City Code. The guaranty posted by the subdivider shall be in favor of the entity, or entities, obligated to inspect such improvements under section 31-107 of the City Code and entitled to certify the installation of such improvements under section 31-108 of the City Code in such amounts as are necessary to secure the installation of the improvements. Section 31-106. Utility installations to be completed prior to occupancy of dwelling. No dwelling within a subdivision may be occupied for dwelling purposes until all required utility installations, including the water supply and sanitary sewer systems, have been completed to the satisfaction of the city engineer, the authority, and the building commissioner. Section 31-107. Inspections. Periodic inspection during the installation of the physical improvements in a subdivision shall be made by a duly authorized city official or authority official to insure conformity with the approved plans and specifications. The subdivider shall notify the proper administrative officers when each phase of the installation is completed and ready for inspection. ,624 6. Section 31-26, Preliminary Dian c~enerallv, of Article II, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions., of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to include a reference to the authority, and to clarify a reference to the sketch plan, to read and provide as follows: §31-26. Preliminary plan .qenerally. Whenever a subdivision is proposed to be made and before any sale of any lot or lots located in said subdivision, as a whole or any part thereof, is made, the owner or proprietor of the proposed subdivision, or his duly authorized representative, shall file a plan of the proposed subdivision with the agent for approval. The plan =cd .. ......~ ....... ~.;.... oki...,.. ~k~..,.~ shall be in substantial accord with the pre ;:=~=!.-.=.~.,.._.--'**-. sketch plan referenced in section 31-25 of this code and in all respects shall be in full compliance with the provisions of this chapter and all applicable laws and ordinances affecting or regulating the subdivision of land, the use thereof and the erection of buildings or structures thereon. The preliminary plan shall be comprised of the preliminary plat and, ~.-. =-"-'-!t!=.-., all other information required by the agent, er the city engineer, or the authority, to evaluate and inspect properly the proposed subdivision. 7. Section 31-27, Subdivision and contents of preliminary plat, and Section 31-32, Filin;I of final plat, of Article II, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to increase the type and number of copies of documents needed for filing, to read and provide as follows: Section 31-27. Submission and contents of preliminary plat. Not less than three (3) nine (9) copies of the preliminary plat of a subdivision, plainly marked as such, shall be submitted to the agent showing the following: (1) Subdivision name. (2) Name and address of the record owner of the land proposed to be subdivided and the owner or proprietor of the subdivision and the surveyor. 625 (3) Date, scale and north point of the map. True meridian shall be used where practicable; otherwise, the date of the magnetic bearing must be given. (4) The location, width and names of all existing or platted streets, easements or other public ways or public use of land for future street widening within or adjacent to the subdivision, existing permanent buildings, railroad rights-of- way, natural watercourses and other important features. (s) Location and names of adjoining subdivisions or names of owners of adjoining lands, together with proper legal references to the property of all respective abutting owners. (6) Location of all building lines and location and dimensions of all easements. (7) Lot lines, lot and block numbers and dimensions. (8) Proposed method of water supply, drainage provisions, sanitary sewer layout or other accepted sanitary plan. (9) Proposed use of the property to be subdivided. (10) All parcels of land to be dedicated for public use and the conditions of such dedication. Section 31-32. Filing of final plat. (a) The original liner~rac,=~ 'mylar plastic of a final subdivision plat amJ-feur-(4} p;!.".tc c.". ~=.".d=:d clcth shall be submitted to the agent with other required material comprising the final plan for approval. ,626 8. Section 31-28, Approval or disapproval of preliminary plat, of Article II, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions., of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (c)(1) and (c)(1)(ii), to include a reference to the authority, to clarify references to public utilities, and to update references to the City Code, to read and provide as follows: Section 31-28. Approval or disapproval of preliminary plat. (c) (1) The agent and the city engineer shall determine whether the proposed subdivision will be reasonably safe from flooding. If the proposed subdivision is in a floodplain district as defined in Subdivision E, of Division 4 5, of Article IV III, of Chapter 36 36.1 of this Code, the preliminary subdivision plat shall be reviewed to assure that: (ii) All public utilities 3r.d ~;:: ^"~*-;"-" -"'~ .... * ...... *~-'~ are located and constructed to minimize or eliminate flood damage. 9. Section 31-29, Additional material as part of Preliminary plan, of Article II, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (a), (h) and (i), to include a reference to the authority, to increase the number add type of copies of documents needed for filing', and to update references to the City Code, to read and provide aS follows: Section 31-29. Additional material as part of preliminary plan. In addition to the preliminary plat, the following plans~ 'profiles, studies, maps and other material shall be sUbmitted to the agent as part of the preliminary plan of a subdivision: 627 (a) Street plan and profile. The owner or proprietors shall file with the agent, for_,.,.._._.' review, three-(3) nine (9) copies of a complete plan and profile of each street, prepared by a surveyor or engineer duly certified to perform such services. Such plan shall be drawn to a scale of fifty (50) feet to the inch and the profile shall be drawn to a horizontal scale of fifty (50) feet to the inch and a vertical scale of five (5) feet to the inch, or as otherwise allowed by the agent and the city engineer, with all elevations referred to the U.S.C. and G.S. datum. The plan shall show the existing and proposed location of the following: Drains, sanitary sewers, including all sewer laterals extended to the property lines, water mains and laterals, fire hydrants, parking spaces, if any, and all other contemplated improvements. The profile shall show the proposed center line grade of the street and alley; the size, depth and rate of grade of all required drains; and the size, location and approximate depth of water mains. 'r. .... .... "~,.., Seven (7) copies of such plan and profile will be retained by the city (one (1) copy ......... h for the city engineer, and one (1) copy t= fi!cd '::Etk for the agent, one (f) copy for the traffic engineer, one (1) copy for economic development, one (1) copy for the building commissioner, one (1) copy for solid waste management, and one (1) copy for the zoning administrator) and the agent shall forward two (2) copies to the authority. The owner or proprietor will be supplied with review comments and must file ~.':c (2) seven (7) corrected copies, ..,.,. ,4~ ,.,;~k ~k,...;, ..... ; ...... ,~ '~ ith the agent (tw (2) copies for the agent, one (1) copy for the building commissioner, one (1) half size copy for the development inspector, and one (1) copy for the owner or proprietor), and the agent shall forward two (2) copies to the authority. The agent may further require cross sections of the street or alley, the same to be taken at each fifty (50) foot station, at all street intersections and any other points which may be required to properly establish the grade of the street. 628 (h) (i) Erosion and sediment control plan. This plan shall indicate the methods to be utilized in minimizing potential erosion and sediment, both during construction and upon completion of the subdivision. Such plan and control methodology is to be developed in accordance with the city's erosion and sediment control ordinance, as set out in chapter -14 11.1 of this Code. Where duplication of required information exists between this subsection and others of this section, such information need only be supplied once. Base flood elevation data. All plans shall include one hundred (100) year flood elevation data; for all property located in floodplain districts as created by section 2=- ~=-~ 36.1-362 of this Code, and shall contain such detail as may be required by the agent to determine whether the requirements of Section 31-28(c) (1) and section ~=. 2e-2 36.1-360, et seq., of this Code will be complied with. 10. Section 31-33, Approval, distribution and recording of final plat aenerallv, of Article II, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), and by the addition of subsection (c)(4), to include a reference to the city engineer, to increase the number and type of copies of documents needed for filing, and to update references to the Code of Virginia (1950), as amended, to read and provide as follows: SectiOn 31-33. Approval, distribution and recording of final plat generally. (b) The final subdivision plat shall be approved in writing by the agent, and the city engineer~ if found to be in conformity with the requirements of law and of this chapter, within sixty (60) days after it has been officially submitted for approval. If the plat is disapproved, the disapproval shall be in writing, either on the plat itself or in a separate document, and specific (c) 629 reasons shall be given which shall relate in general terms such modifications or corrections as will permit approval of the plat. If the plat is disapproved by either the agent, or the city engineer, the subdivider shall have the right to appeal his decision to the planning commission. If a plat is not approved or disapproved within sixty (60) days after it has been officially submitted for the approval, the subdivider may petition the circuit court of the City of Roanoke to decide whether the plat should or should not be approved, in accordance with the procedure set forth in section ~ 15.2-2259, Code of Virginia (1950), as amended. If a plat is disapproved, and the subdivider contends that such disapproval was not properly based on the provisions of this chapter, or was arbitrary or capricious, he may appeal to the circuit court of the City of Roanoke in accordance with the provisions of section ~ 15.2.2259, Code of Virginia (1950), as amended. After approval of a final subdivision plat, the ---=--"--' · rigi yl pi ~4~ ..,.., thereof shall be *..__...= ...... o nal m ar astic =nd cr.c ~.~ r- ..... returned to the owner or proprietor of the subdivision for recordation in the precise form as approved· Fear-(4) One (1) mylar plastic and ten (10) paper prints, "~"~' "-~"*~ with recording information included thereon, shall be returned and distributed as follows: ~^,k paper print. (1) Agent, one (1) ...... ~......'--"-' (2) City Engineer, '..._ .... (2) one (1) .._..."'"'~' ,......"""° mylar plastic. · '"'";"~ ""^" ~'~"~"~ Registrar, one (1) paper copy (4) Authority, one (1) paper copy· (5) Owner or proprietor, one (1) paper copy. (6) Schools, one (1) paper copy· 630 (7) Department of Communications, one (f) paper copy. (8) Commissioner of the Revenue, one (1) paper copy. (9) Environmental Services, one (f) paper copy. (10) Building Commissioner, one (1) paper copy. (11) Office of Real Estate Evaluation, one (1) paper copy. 11. Section 31-39, Fees for plat review, of Article Ii, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (c), to update a reference to the City's Planning, Building and Development Department, to read and provide as follows: Section 31-39. Fees for plat review. (c) The following fee shall be charged for the review for approval of all applications to vacate subdivision plats and shall be paid to the planning, building and development department upon the filing of such application: (1) All applications to vacate plat, fifty dollars ($50.00). 12. Section 31-68, Lots; buildin,q or setback lines, of Article IV, Desi;In Standards., of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (d), (j), and (k), to update references to the City Code, to read and provide as follows: Section 31-68. Lots; building or setback lines. 631 (d) All lots controlled by this chapter shall front on a public street or an acceptable private street, if approved as such under the planned unit development provisions contained in Division 3 5, of Article iV III, of Chapter 36 36.1 of this Code. Double frontage lots, however, may be cause for disapproval of the preliminary plan. To avoid frontage on a heavily traveled artery or other disadvantageous use, double frontage lots are acceptable if a planting screen is provided on an easement at least ten (10) feet in width, across which there shall be no right of access. Each irregular-shaped residential lot may be allowed a reduction of the minimum lot frontage requirements set forth in the zoning ordinance of the city or county wherein the land lies, of no more than seventeen (17) percent, subject to the approval of the agent; provided, however, that no irregular-shaped lot shall have less than fifty (50) feet of frontage or less than an average width of sixty (60) feet. (k) Lot requirements for planned unit developments are specified under Division 3 5, Article IV III, of Chapter 36 36.1, of this Code. Lot requirements for townhouses are set out under Division 8 4, of Article IV, of Chapter 36 36.1, of this Code. 13. Section 31-74, Utilities, of Article IV, Desi.qn Standards, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (a), (b), (c), and (d), to include references to the authority and to clarify references to certain utilities, to read and provide as follows: 632 Section 31-74. Utilities. (a) Overhead_.....,""';*" lines for electricity, telephone, and other such public utilities shall be located at the rear of all lots, except where topographical or other conditions make this impracticable, in which event such overhead "*";'-'__..., lines shall be located on either side of side lot lines or at such other locations as may be approved by the__...,"*;m" companies involved. Underground wiring is strongly encouraged for all subdivisions. (b) The facilities for underground utilities, such as sewer and water, including sewer and water laterals to each lot line when laid in streets, shall be in place prior to final surfacing of streets. All facilities for utilities shall, where possible, be placed in easements provided for that purpose in the subdivision, or located as alH~r~ved required by the agent, _-.-.d the city engineer, and the authority. (c) The subdivider shall install sewer mains and sewer laterals, extended to the property line of each lot, in accordance with the size, depth and profile appreved established by the agent, =.-.d the city engineer, and the authority. (d) ..... or sanitary sewer services In cases where public water are not available, the following criteria for lot sizes shall apply: (1) Public water or sewer--Fifteen thousand (15,000) square feet. (2) Neither public water nor sewer--Twenty thousand (20,000) square feet. 14. Section 31-104, Prerequisites to commencement of .qradin~l operations, of Article VI, Construction Schedule, Guaranty and Inspections, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amendment subsections (4) and (5), to include a reference to the authority and others, to read and provide as follows: 633 Section 31-104. Prerequisites to commencement of .qradin.q operations. Grading operations in a subdivision may begin following approval of the preliminary plat; provided, however, that such grading shall not be commenced until the subdivider has executed an agreement with the city and the authority in which he agrees to: (4) Install all required street and utility improvements in accord with plans and specifications of the agent, the city engineer, and the authority =~c~t; and (s) Indemnify and hold harmless the city, city officials, agents of the city, =~d city employees, the authority, authority officials, authority employees and agents of the authority from any suit, claim or action for damages or any cost incurred by the city or the authority as a consequence of failure on the part of the subdivider to comply with the terms of the agreement. 15. Section 31-122, Utility easements, of Article VII, Dedications and Reservations, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to include a reference to the authority and a reference to certain utilities, to read and provide as follows: Section 31-122. Utility easements. .......~;"*" Eeasements for electric and telephone service lines, sanitary =c;-:=;c sewer lines, water lines or other such public utilities located along rear lot lines or side lot lines or passing through a lot shall be at least fifteen (15) feet wide, seven and one-half (7 1/2) feet on each lot, and more if necessary, as determined by the agent, =.-.d the city engineer, and the authority. 16. This ordinance shall be in full force and effect on and after July 1, 2004. 634 17. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36757-062104. AN ORDINANCE amending and reordaining §36.1-25, Definitions, by adding the definition of "authority" and by amending the definition of "utility" to include a reference to an authority; subsection (b) of §36.1-576, Submission procedures; comprehensive development plan; subsection (a) of §36.1-578, Signature required on approved comprehensive development plan, to include a reference to the development engineer and the zoning administrator; and §36.1- 580, Changes to approved development plan, to include a reference to the development engineer, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, providing for an effective date, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-25, Definitions, of Article II, Construction of Lanaua;e and Definitions, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by adding the definition of "authority" and including a reference to an authority in the definition of "utility," and shall read and provide as follows: §36.1-25. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: 635 Authority. The word "authority" shall mean the Western Virginia Water Authority. Utility: Any person, firm, corporation, er municipal agency, or authority, duly authorized to furnish to the public under regulation, electricity, gas, storm water drains, water, sewerage collection and treatment, steam, cable television, telephone, or telegraph. For the purposes of this chapter, utility may also refer to equipment related to the provision of utility services and the buildings or structures housing said equipment. 2. Section 36.1-576, Submission procedures; comprehensive development plan, of Division 1, Development Plan Review, of Article V, Development Plan Re.qulations, of Chapter 36.1, Zonin.q, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (b) to include a reference to the authority, and shall read and provide as follows: (b) The agent shall coordinate the review of the comprehensive development plan with the city engineer, =.-.d!c.- other affected departments, and the authority. The agent shall hereafter contact the applicant or his representative within a period of fifteen (15) days with one (1) of the following notifications: (1) Notification in writing to the applicant that information on the development plan is incomplete, in error or lacking in detail. The agent shall at that time give notice of the additional information required, or necessary revisions that need to be made to the development plan. (2) Notification in writing to the applicant that the development plan is sufficient in required information and accuracy and is under review. ,636 - (3) Notification in writing to the applicant or his representative that the development plan must be reviewed by the planning commission at its next regular scheduled meeting. 3. Section 36.1-578, Si.qnature required on approved comprehensive development plan, of Division 1, Development Plan Review, of Article V, Development Plan Re~lulations, of Chapter 36.1, Zonin.q, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (a) to include a reference to the development engineer and the zoning administrator, and shall read and provide as follows: (a) All approved comprehensive development plans shall be signed by the agent,_.._~"'; the ...,'-"*'. development engineer, and the zoning administrator. 4. Section 36.1-580, Chan.qes to approved development plan, of Division 1, Development Plan Review, of Article V, Development Plan Re.qulations, of Chapter 36.1, Zonin.q, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to include a reference to the development engineer, and shall read and provide as follows: If it becomes necessary for an approved basic or comprehensive development plan to be changed, such changes may be made with the approval of the zoning administrator and, in the case of a comprehensive development plan, the agent~ and the development engineer. If a proposed change will, in the opinion of the agent; or_..,";*" development engineer, substantially affect the terms of the original approval, a new plan may be required to be drawn and submitted for review and action in accordance with the provisions of this chapter. 5. This ordinance shall be in full force and effect on and after July 1, 2004. _ 637 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36758-062104. AN ORDINANCE authorizing execution of an Operating Agreement, dated July 1, 2004, among the City of Roanoke, the County of Roanoke and Western Virginia Water Authority; authorizing the conveyance of certain parcels of land, both within and without the City, and the transfer of certain vehicles and other equipment, upon certain terms and conditions, as contemplated in the Operating Agreement; authorizing certain other actions; and dispensing with the second reading by title paragraph of this ordinance. WHEREAS, the City and the County have created the Western Virginia Water Authority, and believe the Authority to be the best vehicle for ensuring the citizens of their localities the most reliable means of providing water and wastewater treatment at the lowest cost and best rate for customers as well as providing the best service; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: ,638 - 1. The City Manager, the Mayor, and the City Clerk are hereby authorized to execute, and to seal and attest, respectively, an Operating Agreement, dated July 1, 2004, among the City of Roanoke, the County of Roanoke, and the Western Virginia Water Authority, which agreement, among other things, provides for the conveyance of certain parcels of land, within and without the City, and the transfer of certain vehicles and other equipment, as contemplated in the Operating Agreement, upon certain terms and conditions, all of which are more particularly described in the City Manager's letter to Council dated June 21, 2004. 2. The Operating Agreement among the City of Roanoke, the County of Roanoke, and the Western Virginia Water Authority shall be in substantiallY the same form as that which is attached to the above referenced City Manager's letter to Council, and shall be approved as to form by the City Attorney. 3. The City Manager is authorized to take appropriate measures to implement the terms and conditions of the Operating Agreement, including execution of an agreement with the Western Virginia Water Authority assigning various contracts of the City, as provided in the Operating Agreement. 4. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED Mary F. Parker City Clerk 639 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36759-062104. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2004; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2004, and ending June 30, 2005, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be the salary received by each during the fiscal year July 1, 2003, ending June 30, 2004, increased by three and one-half percent (3.5%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2004. 3. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the five incumbent Council-appointed officers. The sum shall be paid in equal quarterly installments. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the Council-appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 640 - 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk APPROVED Ralph K. Smith Mayor