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HomeMy WebLinkAboutReel 12 (7/23/1934 - 4/12/1937)COUNC IL, Monday, SPECIAL MEETING, July 23, 193~. Room in The Council the Municipal Building Monday, PRES~2~T: Messrs. Bear, Comer, ABSENT: None .... 0. of the City or Roanoke met in Special Meeting in the Council July 23, 19~4, at 4 o'clock 2. m. Small, Mundy and the President, Mr. Seifert--5. The President, L~r. Seifert, presiding. OFFICERS PRESENT: ¥~. P. Hunter, City !..~anager. OBJECT OF THE ~kEETING: The president stated that the object was to hear the report from the Airport Committee. of the meeting REPORT OF AIRPORT C0;~IITTEE: Messrs. John P. Mundy, Sydney F. Small and W. P, Hunter, composing the Airport Committee, reported that there has been some misunder- standing as to the rate of i~terest the notes representing the deferred payments will carry. The Mountain Trust BaBk, Adm/nistrator of the Cannaday estate, cla~ng ~he committee reported that they are able to obtain the money at 3-~. The resolu- tion of June 8, 1934, provides for the purchase at the price of $70,000.00, to be evidenced by ten notes of $?,000.00 each, payable annually, with interest not to ex-. Coed 4~ per annum. Messrs. R. B. Gunn and R. B. Adams, representing the Mountain ~rust Bank, were present and stated their position in the _m___~_tter, and also stated ~hat they are not in positio~ to take a less rate of interest than · ~. After a ~urther discussion Mr. Bear moved that Council recess for ten minutes, end that the ~irport Committee present a written report. Thereupon, Council recessed and the corn- ~.ittee retired. Upon convening the Airport Committee presented the follo~ng report: "Under date ~/28/34 the Mountain Trust Bank by letter stated they ~ould ~ecommend to the heirs of Cannaday estate sale of the Airport at a price of $?0,000.00, ~n term~ to be mutually agreed upon. Council approved purchase price by appropriate resolution June 8th, ~ing that purchase money installments represented by l0 notes of $7,000.00 Lun;:~lly for l0 years, be issued at a rate not to exceed 4~% per annn~. stipula- each, due The City Is in position to discount these 10 notes aggregating $70,000.00, ~ith ~ a coupon, at face'or par value and for this reason your committee feels that' should not recomm~.nd_ payment of interest at a rate in excess of ~m. Your committee suggests that if agreement cannot be reached the question be zrbitrated, each side to select one and the tmo thus selected to choose a third, ~hose findings shall be final. J. P. Mundy, Sydney F. Small, ~:. P. Hu~ter, Mr. Bear moved that the report be received. and agreed to. The motion was duly seconded runways vote: Mr. Small moved that the City Manager be instructed to suspend work on the ' at the Airport. The motion ,.,a~ duly seconded and agreed to by the follo~d, ng AYES: Messrs. Bear, Comer, NAYS: None ........ 0. Sknall, M,,ndy and the President, Lir. Seifert --5. 8~swer AUDIT: The following telegram wes received from L. McCarthy Downs in to the telegram sent him by the Council on July 20th~ City Council, Roanoke, Virginia. "Richmond, Virginia, July 21, 1994. Received' your telegram regarding request ~or audit report. position to advise Will be in you Tuesday when this report will be received by you. L. McCarthy Dc~ns, Auditor of Public Acco,,nts." There being no further business, Co!!~cil adjourned. APPROVED ATTEST: Clerk COUNCIL, SPECIAL MEETING, Friday, July 27, 1934. The Council of the City of Roanoke met in Special Meeting in the Council Room in the Municipal Building Friday, July 27, 193A_, at 3 o'clock p. m., pursuant to cell of the presiGent. PRESEk.~: Messrs. Bear, Comer, ;.~undy, Small and the President, i.~.r. Seifert - 5. ABS~T: None .......... 0. The president, Mr. Seifert, presiding. OFFICERS PRESENT: W. P. Hunter, City" OBJECT OF THE I,~TING: The president stated that the object of the meeting was~ to receive the r~port of the State Auditor of Public Accounts on the audit of the affairs of the City of Roanoke. R~0RT OF AUDIT: Mr. T. Coleman Andrews, representing the State Auditor of Public Accounts, presented to Council a letter from !.Ir. L. McCarthy Domms, auditor of Public Accounts, transmitting to Council the report of the audit, a copy of sai~ report bein~.~ fttrnished each member of the Council. Idr. l~undy moved that a co~.~ittee of three be appointed to study the report of the audit and to report to Council. The motion was duly seconded. Mr. Bear moved as a substitute that Council as a committee of the Ehole con- sider the report of the audit. Mr. Bear's motion received no second. Thereupon the qnestion ~as stated on i.~r. Mundy's motion and the same adopted by the following vote: AYES: Messrs. Comer, i.~undy, Small, and the President, ~. Seifert --4. NAYS: i~. Bear .......... 1. Small moved that a copy of the letter from i,".~. L. McCarthy Downs trans~t-~ ting the report be furnished each member of Council, and that a copy of the letter and report be furnished the press. The motion was duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Comer, L:undy, NAYS: None ........... 0. Small and the President, hLr. Seifert --5. .., .I I,~. Small moved that the Clerk communicate with ~..~. L. Mccarthy Downs while Council is in session, and ascertain ~hat day next week will suit ~,~r. Downs to sit ~vith Council for a consideration of the report. The motion was duly seconded and agreed to. The Clerk co~m_:~_n_icated with L~. Downs over the ~elephone and ascertained that LLr. Doves will be in the City on Monday, July 30, 1934, and ~ill meet Council. Council fixed ~:Ionday, July 30, 1934, at 3 o'clock p. m., as the time for a conference with l,~r. Downs. LYNCHBURG AV~,NUE. The City Manager presented to Co~ncil the request of the ~ells Gas and 0il Compaay for a permit to use a portion of Lynchburg Avenue abuttingI · hetr place of business for theLr purposes. The City ~lanager recommends that the matter be referred to the City Attorney for an opinion. Mr. Comer m~ve~ that the matter be so referred. The motion was duly seconded and agreed to. CONFERENCE WITH ~&q. D0~NS: Mr. Small moved that a conference with Mr. L. I MoOarthy Downs, State Auditor of Public Accounts, be held on ~Ionday, July 50th, at Monday, July 50, 1954, i3 o,clock p. m. The motion was duly seconded and agreed to. ! Mr Small moved that when Council adjourn it be to meet ~ · ~at 5 o'clock The motion was duly seconded and agreed to i SOCIAL SERVICE BUREAU: The report of !.,~tss ~ary Gibbs, Acting Director, Social ~Service Bureau, showing the number of cases that are subject to relief as well as il the funds needed for such relief. The report shows that $1B,157.95 is needed from 'the City funds. After a discussion ::.Lt. Sm_~ll moved that the City ~lerk write Sena- ·.tor Byrd and Representative Woodr,,m to ascertain the amount of money allocated to ~the State of Virginia by the Federal ~ergency Relief .Ad~.:linistration since the in- stitution of the Emergency Relief Administratio~ to the present time. Mr. Small also suggested that a conference be held with the Directors of the Community Fund, including Dr. H. H. Trout, Mr. J. B. Baskerville and !;~. Paul C. Buford, to consider the relief situation in the City, and that ~.&r. ~'m. A. Smith, Adm~nistrator for Vir- ginia, be requested to meet Council and the committee from the Community Fund at such time as is convenient, preferably August 3, 193~. The Clerk is directed to municate with L~. Smith, and request his presence at that time. SOCI.~L SERVICE BUREAU DIRECTOR: The City Manager recommends that a man be em- ployed as Director of the Social Service Bureau. He stated that ~.~. T. C. Rohrbaugh is available for this position. ~.Lr. Comer moved that the position of Director of the Social Service Bureau be tendered T. C. Rohrbaugh temporarily, and that a salar of $233.33 per month be paid him as such Director. It being understood tbe_t the employment is purely temporary, and is subject to flAture action of the Council. The motion was duly seconded and agreed to. RELIEF FUND: Mr. Bear moved that the s~r, of $300.00 be paid the SociaI Service Bureau for immediate Emergency Relief. The notion was duly seconded and agreed to by the follo~ring vote: ' Small and the President, LLr. Seifert --5. AYES: l.~essrs. Bear, Comer, ~,~undy, NAYS: None .......... 0. There being no further business, Council adjourned. APPROVED Clerk Pre~dent 00UNCIL, Monday, AD$0URNED M ~__ET ING, Zuly 30, 19~. The Council of the City of Roanoke met in the Council Room in the Municipal Building ;.londay, July 30, 1934, at 3 o'clock p. m. pursuant to adJournm~t. PRESt~IT: Messrs. Bear, Comer, 4tundy, Small and the President, L~. Seifert--5. ~LBS~T: None .......... 0. The President, LLr. Seifert, presiding. 0FFIC~I~S PHES~.IT: 'J. P. Hunter, City Manager. AUDIT COLRJITTW~E: The president called for the report of the committee on the audit. I,Lr. l.~undy, Chairman of the Committee, stated that the connaittee was not ready to report until !;~. Do,ms appears before the Council. It was ascertained that~ [L!r. Do,ms was before the Grand Jury, and could not a!Fpear just at this moment. Court- [cil recessed until !:ir. Downs appeared. After a brief time ~Lr. Do,ms appeared before the Council, and Council reconvert- :. ed. LLr. Small submitted the following list of questions which he desired to ask !~r. Do ires: 1. Mr. Do~ns, as auditor of Public Accounts, have you, at any time prior to 'the Roanoke audit, in auditing the accounts of any other official handling public funds taken the position that you could not show, when receipts exceed disbursenents, that the officer in question had on hand actual cash or a checkin~o credit to balance~ his account. 2. Can you tell this Council whether or not in your opinion as Auditor of Public Accounts that you would consider an audit as being complete and according to the standards of your profession if it failed to show receipts and disbursements, plus ability of the accountable officer to square his account with actual funds in hand. 3. Is it not a fact that your Department has conducted audits of various public officials under power conferred on you by Section 565, and paragraphs (a) and (b) thereof prior .to this particular audit without any question being raised as to your authority to require a settlement and balancing of such public accounts. 4. Is it not a fact that the statute invoked in this instance has been in ef- fect for several years and no question has ever been raised as to power conferred upon lyou to conduct an audit in the sense that it is commonly defined and understood. 5. Has the interpretation which has now been placed upon this statute impaired your ability to msdce a practical audit of the accounts of the officials handling public funds throughout the State. 6. Do you feel that you can inform this Council why the conditions at Roanoke so different that an opinion was necessary in this instance. 7. Mr. DoYens, in your letter to City Council ~ay 7th, and also on page 29 of fin_~_l report of audit you state that "On February 8, 1934, 1.~. Kennett drew a check on his official account with ~ountain Trust Bank, payable to J. H. Frantz in the sum of $940.61." ~tr. Kennett's explanation, as the record discloses that this official check ,~Jas in Payment of his indebtedness to I,~. Frs__n_tz. The records show that ;J~. Kennett personally reimbursed the Treasurer,s Office on L4arch 2, 1934. Is that correct. 8. On page 25 of your report you quote the following opinion from the Attorney ;eneral,s Department, which seems pertinent to the above: "Section 4452 of the Code makes it a felony for a public official of the State or of any City, to~ or county, having custody of public funds, knowingly to misuse or mis s- appropriate the same, or knowingly dispose of such funds other~rise tha~ in accordance with the law authorizing the disbur- sement thereof." Mr. Gibson, ~sistant Attorney General, l~as ruled that "the act referred to in terms limited to county treasurers so it ca~ot be definitely stated just how Public officials must hold public funds until they have legally disposed of." Are ~ we to understand under this ruling Treasure~ Kennet~ has committed no error. ~! 9. Is Council to understand that your report of the ~udit of the City Sergeant?s department for the period Janu-ry sffice embraces a full and.complete audit 1, 1933, to April 18, 1934 of his 10. Have you or Idr. Andrews undertaken to audit the poll books of this City, in order to check fees allowed Treasurer for compilation of Poll List. 11. Mr. Downs, it seems that Mr. Andrews wrote the City Council May 4th, 'that results of audit of the City Sergeant's office to April 2?th, indicated a deficiency of $1,727.?S, compared with that for which he was accountable and $1,823.68, on December ~lst, 1933, and recommended ex~mination of his accounts and ~records prior to January 1,~ 19SS. Can you ~etl the Council why no effort was made to secure an explanation of this situation between l,lay 4th and .~uly 23, 1934, a delay of two and one-half months, at which time the matter was discussed at Richmond in the presence of 'the Attorney General, his Assistant, .Mr. Andrews and yoursel£. 12. Mr. Downs, you are aware that Section 565 and its sub-sections has re- quired since 1922, a bi-ennial audit of all officials handling public fun~s. Do you know that such an audit has not been ,made in the City of Roanoke for several 'years. 13. }Ir. Downs, in what respect does the report, ~' as to text or statistical information from the repor~ by your assistant, !dr. T. Coleman Andrews. as finally submitted, differ submitted to you July 14th, 14. Do you kno;:' of any additional informatioa, statistical or other ~wise, ef- fecting the present city audit in the possession of your Assistant Mr. Andrews, tha~ is not made a part of or embodied in your report which mould ~e of any benefit to the City of Romnoke. 15. Mr. Downs, are we to ~:_~_d er st and that the report submitted by you fully' releases the City of Roanoke with respect to its agreement covering this Audit and that the City is free to take such independent action as ~y seem warranted in com- pletion of such further departmental Audits as nay appear necessary. !~r. Do~ns was furnished a copy of the list of Questions, and stated that he ~,jas not in a position at thiz time to answer, that he would answer them in writing lat er. In the matter of the question ~of the cost of the audit, iLr. Small called atte~ tion of 3r. Downs to Section 565 end sub-section 565-a of the code, in ~vhich it is provided that the State Auditor shall s~dit all accounts a~d records of every city o~mcial and agency in the state _handling state funds The section also provides that the cities shall reimburse the State for one-half of the expense of the audito~ He asked L~r. Do~ns whether or not this requirement has been complied with. ~.~. Down stated that it had not. M~. Small moved that the question of securing from the State one-half of the cost of the audit be referred to the City Attorney to take sue action as he deems necessary. The motion was duly seconded and agreed to. Downs stated that it was necessary for h_im to re-appear before the Grand Jury and took his leave of Council. h A f~ll stenographic re_oor~' of the proceedings of Council is filed with the recgrd. l~r. i.~undy asked to have placed in the record a letter written by Mr. T. Coleman :.~n~drews dated L~ay 4, 1934, .which is as follows: T. Cole~n Andrews, C.P.A. ~lvin ,.~. Burket, C. P. C. ~ Van Emon, . T. COT.~,tAN ~I,~DREWS & C OL~ANY -Certified Yublic &ccountants- Roanoke Office Liberty Trust Building Richmond, Va. Roanoke, Va. Charlottesville ,Va. Was hington, D. C. May 4, 1934. "Honorable Council City of Roanoke, Virginia, Gent lemen: A situation has been disclosed by the audit of the accounts and records of the office of L~r. H. E. MTayhew, City Sergeant, which raises the Question of whether L~. Mayhew has applied, disbursed or used public money collected by him in violation of Chapter 229 .of the Acts of the General Assembly of 1932, Page 427, and which therefore we feel should be reported to you. Lir. L~ayhew has maintained an account vgth First National Exchauge Bank in the name of H. E. Mayhew, Sergeant, which he has stated to us has been his offictel account, that is to say, the account in which he has been depositing the fUnds col- lected by him in his official capacity. It is our understanding that this is the only official account which he ~aintains. The results of the audit down to date indicate that the sum of the balance of this account and the amount of cash on hand was .~1,841.70 short of the amount for which he was accom~table at March 7, 1934, the date on which the accounts and records of the City were closed for the purposes of the audit now being made by us under the supervision of ~.,~. L, McCarthy Downs, J~uditor of Public ~ccounts of Vir- ginia, pursuant to your instructions. The results of the audit indicate further that the sum of the amount to the~ credit of this acco~Bt and the cash on hand was $1,727.73 short of the amount for which he was accountable at January l, 1933, and 91,82~.68 at December 31, 1933. Subsequent to i,iarch 7, 1934, however, as the result of the use of apparantl~ personal funds for the liquidation of a part of his official accountability, the apparent shortage at ~.~arch 7, 1934 ~as overcome. As heretofore in~Lic~.te~l these facts appear to raise the question ~hether Mr. Mayhew has applied, disbursed or used money which he had collected in his offi- Cial capacity in violation of Chapter 229 of the Acts of the General Assembly, Page ~2~, which is as follows: "Section 362. No treasurer or any other person handling public money shall apply, disburse, or use any part of the public .~oney held by him in any ~anner or for any purpose other than the ~nner and purposes -provided by law except by inadvertence. Any violation of this section, when such fund so applied, disbursed or used shall exceed fifty dollars, shall be deemed ~ felony ~nd shall be punished by a fine of not less than two hundred ~uud fifty dollars nor more than one thousand, and confinement in the State penitentiary for not less than one year, nor :.~o~e than five years; Wen such funds so applied, dis- bursed or used in violation of this section shall be less than fifty dollars such viol~tion shall be punishable ~s ~. ~isdemeanor." This situation ~;as disclosed late in the afternoon of ~ipril ~7ti, at which time we bro.ught it to ~lr. Mayhew's attention ~nd advised him that v,*e should be ple~..sed to z'eceive any explanation which he ~ight care to make. Up to this time no explanation has been received. Since the situation a_Dp. ears to have been substantially the s~,.e at January ~.~,l,_ 1933,_ as it ~'~as i°arch.. 7,_ 1934, it is. necessary, ~e think,_ that so~ae ex~v~ination Ibc ~..~de of hzs accounts ~nd records przoz ,o Janu~.r~ l, 1933, ~d we so recommend. .~ therefore ~ conformity ~t.~ our ~aerst~a~n~ wzth ~ou t~t ~he audit ~,as ~.confined to the ye~ 1903 except upon sp?cific authority from you to the century, Swe request that you advise whether you ~zsh ~ to ~ke ~y expiation of ~hew's acco~ts and records for any period prior to January l, 1933. ( Signed ) Respa ctfully yours, T. Cole~:~n Andrews & Company," Also the report of L'.r. Dov,~s of i'.Iay 7th, and the supplementary report of 10th, and letter of July 26th, submitting report to T. Cole~an Andrews, which are as follows: "Roanoke, Virginia, i,lay 7, 1934. Honorable Council, City of Roanoke, Virginia, Gentlemen: Pursuant to yo*~r instructions, we hand you herewith a statement of the pertinent facts of our audit to date as they pertain to the affairs of the Treasur- er's office on January 1, 1934, to ~:~arch 7, 1934, the date on which the accounts and records of the City were tentatively closed for the purposesof the audit; also as they relate to any transactions of the present incumbent, idr. C. R. Kennett in the findings ~'~ith respect to the conduct of the office of the predecessor, Mr. J.H. Frantz · Our origina~ contact with this audit ~:as initiated by a telegram to Downs from L~. Kennett on Friday, March 2nd, requesting that L.;~. Do~;u~s immediately come to Roanoke, MJhich he did. 1. 0n February 8, 1934 **Mr. Kennett drew a check on his official account with ~.~iountain Trust Bank to the order of $940.61. 2. When we requested information from ~dr. Kennett as to why the above check for $940.61 was drawn in favor of his then deputy, ~,~' Frantz, he stated that l~hen ~. Frantz went out of office as Treasurer of the City of Roanoke on January 1, 193~, the tax tickets in the office ~ere added by the City Auditor and that he receipted to L~'. Frantz for the entire amo~.~_ut of ~ncollected taxes on hand. He stated that he subsequently learned that i.lr. Frantz had collected partial payments on these taxes amounting to some $2,~00,00 or $2,300.00. i,~r. Kennett advised us that he made demand on ~,.lr. Frantz for this amount and ~. Frantz informed him that he did not have that much money vJith which to pay for these partial payments on v~hich he had collected but that he called ~,,r. Kennett's attention to the fact that if Mr. Kennett woulc pay him some $640.61 that he owed him and would return $300.00 which he had advanced to M~. Kennett on January 1, 1954 for change purposes he would be able to make the re- mittance Mr. Kennett advised us that he drew the check ~hich we have stated in imragraph 1, and simultaneously with the paying of this amount to i;~. Frantz received a check from Mr. Frantz for the aforesaid amount of the partial payments on taxes. 3. ~;e located an envelope in ~..h~. Kennett's offiSe in the safe in which thor were found certain checP~, some of which were marked "hold". There were three checks given in' the latter part of July 1933 for $100.00 each, paya- ble to cash, C. R. Kennett maker, one being on the Colonial American Bank and two being on the First National Exchange Bank. ,.Ar. Kennett advised us that in the latter part of July he needed some money for campaign expenses and asked iJr. Frantz to cash his check for $300.00 which he would draw as he needed it. "~!r. Kennett further advised us that he did not consider that he was using City funds but that instead he was merely having the Treasurer cash a check for him. The next transaction of consequence is shown on December 5, 1953, when a check ~vas made by C. R. Kennett payable to J. H. Frantz, Treasurer drawn on the First National Exchange Bank for $173.25. Mr. Kennett stated that this was drava~ for taxes for himself and relatives. So far as we have been able to ascertain when this check v~as made good by the settlement above referred to on February 8, 1934, no penalty was includ- ed on the taxes involved. The balance making up the $640.61 referred to consisted of several small checks, the details of which we have in our possession. We call to your attention the fact that the foregoing facts, together with such other facts as have been developed with respect to i.-ir. Eennett's conduct as the Deputy of !'!r. Frantz and as Treasurer, have been reported verbally to you and to the Co~.onwealth Attorney and confirmed to you and the Commouwealth Attorney hy Mr. Kennett. Yours very truly, ( Signed ) L. McCarthy Downs, Auditor of Public Accounts, Commonwealth of Virginia." · 'L. McCarthy Do,ms, ~uditor, John T. Sale, Assistant, C0~:.~d0N¥~EAL~H OF VIRGINIA, Auditor of Public .Accounts, Ri chmond, May 10, 1934. · "Honorable Coun'~il, ~ City of Roanoke, Virginia. Gentlemen: Regarding my recent staten~ent to you of the pertinent facts with respect to certain transactions of ilr. C. R. Kenuett as City Treasurer and previous thereto as the Deputy of his predecessor, Mr. J. H. Frantz, and with particular reference ~to the check for $940.61 which we advised was dramn by ~. Kennett February 8, 1934, on his official account to the order of Idr. Frantz in settlement of personal obli- gations to L~. Frantz, my attention has been called to the fact that in my previous letter I failed to state that on March 2, 1934, ~,~r. Kennett deposited in one of his ~official accounts the sum of $600.00, ~hich he explained to us was personal money R intended ~o be a payment on account of the ~withdrawal in question. This further information is communicated to you as a supplement to the in- formation contained in my previous letter and I shall be obliged if you will regard it accordingly. Very truly yours, ( Signed ) L. I~icCarthy Downs, Auditor of Public Accounts, ConmAonwealth of Virginia, By T. ~. A. " COL~.~0Ni',i.~AL i~H OF VIRGINIA, Auditor of Public Accounts, Richmond, July 2 6, 1934. !To the City Council, City of Roanoke, !Roanoke, Virginia. ,:Gent 1 emen: In March of this yemm:you, by resolution, placed the Auditor of Public .Accounts of the Common~alth of Virginia.in charge of an audit of the accounts and ? and records of the ~everal officers of the City of Roanoke; and also, by resolution employed the accounting firm of T. Coleman Andrews & Company to assist in the field work under our supervision. In view of his long expe~ence in governmental audit- lng work and, also, because of the fact that this department was presee~ in the makiag of so many audits, l,tr. T. Coleman Andrews of the firm of T. Coleman Andrews & Com- pany was placed in charge of the work in Roanoke. The writer conferred with Mr. Andrews frequently as to procedure and results of the examinations. Quite a bit has been said with respect to the rendering of the report on au- dit. In order that the record may be clear, particularly as to the time of submit- ting the report, I wish to advise that the first draft of same was handed to us by LM. T. Coleman Andrews on July 14, 1934. However, one of your local officers, M~. H. E. Mayhew, city sergeant, had refrained from exhibiting to us certain person- al bank accounts, although an opportunity had been given to him to do so. Therefore the writer arranged for a confer~ce to be held in the office of the Auditor of Public ~ccounts at Richmond on l.[onday, July 23, 1934. Those present at this confer-~ ence in addition to the State Auditor were: Honorable A. P. Staples, Attorney General of the Commonwealth ,f Virginia, Hon. E.H. iGibson, Asst. Attorney General of the Commonv~ealth, Mr. H. ~. Llayhe~, City Sergeant Roanoke, Virginia, ELf. T. Colen~n Andrews, of the firm of T. Cole~.~an f~ndrews & Com- pany, ~.~. 0. E. Zacharias, of the firm of T. Coleman Andrews & Company. As a result of the conference and additional information gained thereby, Mr. · Andrews was instructed by me to rewrite that portion of his report relating to the office of the city sergeant, incorporating therein the results of the information gained at the conference and his subsequent investigation of such information. Mr. Andrews has submitted to us in his report certain comments with respect .lto the opinion recently submitted to this office by the Attorney General of the ~Co~onwealth with regard to the auditing of the accounts and records of local offi- ~ cers other then county treasurers. In vie~ of the fact that the Attorney General is the legal advisor of the Auditor of Public Accounts and that the opinion given was requested by us, ~e do not feel that ~e should question the interpretation of law as submitted by the Attorney General. However, in view of the fact that Mr. Andrews, comments are ~ade an integral part of the report, ~'~e are leaving them therein but wish to record our position. None of the officers of the City of Roanoke declined to give us information regarding bank accounts, although in the in- stance referred to above the information ~'as delayed until furnished on July twenty- third. To us, probably the r~ost important portions of the comments on the audit are contained in L~. ~dre~s' remarks from page i to page ~0. ~e hope that Council ~ill give study and thought to '~. Andrews' re,harks. Mr. Andrews'has analyzed the financial condition of the City of Roanoke in a most capable manner. His v~itings on the various subjects show the result of careful investigation and research. Mr. kndre~s advises us that he v~ll submit to us at an early date the results of the examination with respect to the school affairs of the City of Roanoke and as soon as this report has been received it will be forwarded to Council. Also, our examiners have audited the accounts and records of the clerk of the circuit, hustings, and la~ and equity courts. The examination h_~_~ been conpleted and our auditors are aow ~riting their report to me and as soon as it has been received and typed it v~ill be sent to Council. ~'~ The report on audit of the accounts and records of the City of Roanoke for the year ended December 5l, 1905, as submitted by L.~. T. Coleman Andrev~s is adopted as the repoxot of the Auditor of Public Accounts of the Commonwealth of Virginia, with the exception as noted above, and incorporated and presented herewith. Very truly your s, ( Signed ) L. McCarthy Dorms, Auditor of Public Accounts." Mr. Small moved that Lit. Downs be asked when Council n~y receive the report ~n the audit of the schools and the Clerk of the Courts. There being no further business, Council adjourned. APPROVED Preside~.. COUNCIL, REG~ MEETING, Friday, August 3, 19 34. The Council of tt~e City of Roanoke met in regular meeting in the Council Room ~in the i.:unlcipal Building Friday, August 3, 1934, at 3 o,clock p. m. PRES~,!T: Messrs. Bear, Comer, Mundy,Small and the President, I. Lr. Seifert--5. AB SENT: None ..... 0. The President, i.:r. Seifert, presiding. OFFICERS PRES~,IT: W. P. Hunter, City Manager. L~I;iL~i'£S: It appearing that a copy of the minutes of the previot, m meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as recorded. ~,.~IOilS 2d~D C0~.~Y~IICATIONS. JACi[SCiI ~ARK: ,'.'hr. B. 0. Dillard presented a petition from the m~xecutive Com- r.!ttee of !~.eighborhood Council asking for certain improvements to Jackson Park. Mr Comer moved that the petition be referred to the City 'i:anager for report. The tactic: ¥.'as duly seconded and agreed to. _~.'.~.~.,~ S o~-.~,-,: Judge R. C Jackson, City Attorney, presented to Council a resolution providing for accepting a compromise settlement of $50,000.00 from the i=a~:land Casualty Company, to cover the shortage in the Treasurer's office. He als~ D:'esented a form of resolution providir~ for the acceptance. Thereupon [;.'.~. l.lundy introduced the following resolution: (43'.28) WEbErs, J. H. Frantz served two terms as treasurer of the City of Roanoke, Virginia, one ending December 31, 1929, and the other December 31, 1933, an~ Idaryland Casualty CoK~oany was surety on said Frantz's official bonds for each of sai~ terms for the protection of said City; and ( For full text of resolution see Ordinance Book No. 8, page ). L~....und.;~ moved 'to ado:pt the resolution The motion ~as clu'ly seoonded and the resolution aclo~ted by the followin~ ~ote: AY~o: i.:essrs. Bear, Comer, l.~undy, Small and the President, l~ Seifert--5 COL~,~SATION .o0_~,D- The report of the Compensation Board fixing the salary of Attorney for the Connuonv~ealth, _;~ssistant ~'~ttorney, Secretary and miscellaneous ex- pense for the six months' period beginning July 31, 1934, and ending December 31, 1934, was presented. :2r. Bear moved that the same be referred to the committee ap- . pointed at a previous meeting_ of Council to consider the matter. The motion was duly seconded and agreed to. HiGH S~REET BAPTIST CHURCH: = petition from the High Street Baptist Church corn_claiming about the entrance to the Hs~npton Theater from H. igh Street, that the crowds which gather around the entrance are detrimental to the church service. Mr. Mundy moved that the matter be referred to the City if_anager to take such action as he deems necessary to remedy the condition complained of. The motion was duly secon~ ed and agreed to. ~e ADAMS, PAYNE AND GLEAVES, INC: A communication from Adams, Payne and Oleaves, Inc., offering- to sell a piece of land on the East Side of Franklin Road containing 24 acres to the City for $20,000.00, payable $1,000.00 cash, and the balance to be evidenced by notes of ~l,000.00 each, payable annually, to bear interest at the rate~ of 4~, with the privil~4Ee on the part of the City to anticipate. The hatter is lai~ over for future consideration. TRAFFIC JEFFERSON STREET M,!D ~LBE~,.','~B__~.,~; ,~v~,,,~z,. A communication from Rev. John T. Coburn, Pastor of the Jefferson Street Baptist Church, relative to the traffic conditions at Jefferson Street and Albemarle Avenue, and asking that a traffic light be installed. Nm. Bear moved that the communication be referred to the City .,':Iana- ger. The motion was duly seconded and agreed to. RORF~R A~F,..~,PJE BE~W.£.~.,,~ 7TH and. 8~{ STi~EETS: A conrnun'~cation from Mr. D. 3ayler ~ Good conDlaining as to the conditions on Rorer Avenue bet'~een 7th and 8th Streets, and also the alley in the rear of Rorer Avenue, West of 18th, Street. The City Manager stated that the matters complained of by i~Lr. Good have had consideration, and that it has been ~mpossible to make the improvements tt~t he asks for. L?m. Bear moved to refer the matter to the City Man¢~ger. The motion ~'~as duly seconded and agreed to. RE~(D OF TRUCK ,,¢~,~.~,',. The Ci . Clerk brought to the attention of Council the request of .'.~. A. D. Mounts to be permitted to apply as a credit on the license to ~. operate a truck for hire the amount previously paid to operate trucks in connection ~ with his business. It appearing that on April 2, 1934, a license to operate a truck in connection v~ith his business was obtained, the amount being $9.00. On May 26th, ~ another license was obtained to operate a tz~uck in connection with his business, which remount was ~9.00. He no~'~ desires to operate each truck under a for hire license. The amotmt required for hire license being :~15.00 per anntum for each truck, and he desires to apply the ~9.00 which has been paid for each truck on the ~15.00 required for th~ truck for hire. l,hr. L. lundy moved that the request be denied. The motion was duly seconded and agreed to by the follow, lng vote: AYES: Messrs. Comer, Mundy, Small and the President, ~. Seifert --4. NAYS: Mr. Bear ........... 1. .RELIEF :~jE~&SURES: At the request of Council a committee from the Continuity Fund su~d the Citizens' Advisory Committee, together with i~Lr. l',~n. A. Smith, Administrator the Emergency Relief in the State of Virginia, were present for a discussion on Relief L.~easures in the City of Roanoke. After a considerable discussion it was mov-~ ',~ ed that Council recess for ten minutes The Council took a recess sand retired to cons~,lt with members of the Citizens' Advisory Co,tree. After a time they returned to the Council Chamber and Council reconveyed. ~r. Bear n~_oved that a committee of three from the Council be appointed to con- sider whether or not the City should establish a Welfare Dep~rt:ment; r~,at the limi- tations of such department should be, and ,,';hat time the department should begin functioning. The motion ~'ms duly seconded and agreed to. Thereupon the president appointed Messrs. Bear, Comer and Smsll the com.m_ittee. '..Mr. Sma_il moved that the committee from the Community Fund and the Citizens' Advisory Committee and iJ.~. i~'m. A. Smith, Emergency Relief Administrator for the State Virginia, be requested to meet Council on l,londay, August 13th, 1934, at 8 o,clock p. m., to consider the report committees of such meeting. REPORT OF OFFICERS: of the committee, and that the City Clerk notify these The motion was duly seconded and agreed to. REPORT OF THE CITY I~LLNAGER: The City ~anager presented a report making certain recommendations. The se~ were acted upon as follo;~s: LICENSE TAX: Regarding the request of the person who operates the Acroplane ~that Council fix a license charge for such operation. The City I~aneger recommends that no ch_a_n_ge be i~de in the license tax already fixed. Lit. Comer moved to adopt the reco~m,~endation. The ~ot;_on was duly seconded and agreed to. RUGBY CRE~: The City Idanager reports that he in company with Dr, C. B. Ransome and ~.~r. C. L. ;~Jatkins, City ~ugineer, made an inspection of the cree Health Officer, and were L~nable to detect any odor or any signs of sewerage being emptied into the creek. The City Engineer has been requested to n~zke a thorough inspection of that portion of the stream ~.Jithin the City of Roanoke to see if there is any sewerage and Dr. Ransone is requesting the county sanitary inspector bein~ em~tied into it, to inspect that portion of the creek lyin~ in the county, and if any sewerage is found to be e~.aptying into the creek it ~'~ill be stopped. -: ~-~ Regarding the petition of the Peerless Hard~r~re Company and other~ complaining of the odor from the chicken pens in the rear of 30B-304 and 306 First has been a Street S ~. The ~'~ :.lanager reports that for a nuz3_ber of years there chicken slaughtering business carried on at this location, ~hich has been inspected regularly by the Health Department. Upon ir_vestigation he finds the premises are in as good a condition as the present facilities for this typ_e of business will permit. That the'~'e is some odor, but ~;hen he inspected the pre~ises they were in a fair condition, That vJhere chickens are kept closely confined there %rill naturally be a considerable odor. That the ~ealth Department will continue to look after the and have reco~mmeuded certain improve~nents as to construction and drainage of chi pens ~Jhich they have agreed to do. It appears from the statements made that the odors from the chicken pens are very obnow~ous and the City ~.~lanager is directed to ~ake up ~'~ith the City Attorney the question as to the rights of the City to have the business removed from its present location. FI?~E HYDRAi,iT: The City l, ianager reports wi.th reference to the petition for a fire hydrant at the intersection of Colonial Street and Pinkney Avenue S. E; that there is only a 2 inch main at this locatiou which is not sufficient in size for fire hydrsnts; that the Roanoke Water Company advises that they have mm definite plans for the installation of any fire hydrants at any time in the near future. The Clerk is directed to notify the petitioners of the report. VIRSII~IA AVEHUE: %Jith reference to the complaint of the dusty condition of Virginia Avenue in the eight hundred block. The City I~janager reports that it is his 'intention to reshape and surface this street with asphalt oil in the near future. The City Llanager presented re~orts of work accomplish.ed and expenditures for weeks ending July 1Bth, and July 19, 1934. The same are filed. LABOR Bb~_E~U: Report of ~, L. Roberts, ~anager of the Labor Bureau in this cit ~vas read and filed.~ ~ question has arisen as to whether or not the city has a ~_ght to contribute to the operation of this Bureau. The Clerk is directed to re- quest the City Attorney for an opinion on tt~e subject. CITY ATTORNEY: The C' ~ ~y Attorney presented an opinion on the Question of the ~right of the '~.~ells Gas and 0il Com. pany to install t~o gasoline pumps in Lynchburg ;e Avenue. The opinion was read and laid over. REPORTS OF G 0~dITTEES: JAIL O0Ii~2,IITTEE: The Jail committee composed of the president and 1.~. Small reported verbally that they had made an examination of the jail and an estimate of the cost of ,making repairs and improve~:mnts is being prepared and the report will be~ filed at a later date. The colmnittee is continued. UNFIi. IISHED BUSINESS: None. CONSIDERATION OF CLAL.~: None. L',~T~{0DUCTION AiUD Cu~o~D~ATI0!,I OF 0~,D..~LALCzo AI!D RESOLUTIONS: ~.Ir. S_mall introduced the follo¥;ing resolution: RESOLV,,,D, ~hat the s,~m of ~50,000 00 be .,ppropriated from the General Fund credited to Sinking Fund for the purpose of reducing the deficiency in Sinking Fund reserve. BE IT FUitT~LER RESOLVED, That the remount above appropriated for Sinkir~s Fund purposes be applied specifically and exclusively to the purchase of 1936 _maturities of the City of Ro~oke, or invested in short-term Goverm~ent securities maturing not later than July 1, 1936. The.purpose of this appropriation is to make the amotmt available for reduc- tion in 1936 D~aturi ti es only. ~Lr. Bear moved to refer the same to the Sinking Fund Co~aission, together ~'~ith ~.".~. Small. The motio~ was duly seconded and agreed to, Lit. i[undy introduced the following reso!ut.'._on: (#4329) A RESOLUTI011 to pay the Social Service Bureau $1,500.00 for the month o f ,~ugust. BE iT P_ESOLVED by the council of the City of Roanoke that the sum of $1,500.00 be paid to the Social Service Bureau for the month of August 1934. BE IT ~JRTP~.R RESOL~.D that an appropriation of ,1,500.00 be, and the same is hereby :fade to tt~e account of Organized Charities for the benefit of the Social Service Bureau. i.'.r. Idundy moved to adopt the resolution. The motion was duly seconded and the Iresolution adopted by the follo~.'Jing vote: "~,S: !,lessrs. Bear, Comer, i..[undy, Small and the president, L~. Seifert--5. NAYS: Hone -. 0. !.iOTIONS ~D i..iISCELLAI~.~0US BUSINESS: STATE C0ttPORATI01~ C0i.~..'~ISSiON: A commtu~ication from the State Corporation Corn- mission to 1,Lt. Hunter relating_ to the article in the local press relative to a hear- lng in the ms_.tter of the Roanoke Water Works Company. The communication states ttmt the article was in error; that as soon as the investigation is completed and ceived by the co~issioa there will be a hearing, ample notice of ~hich ~rill be given. The letter is filed. AUDIT: Commm~icatioa fron C. R. Kennett, Treasurer, requesting tb~t a copy of the Auditor's report be furnished him was presented. The Clerk is directed to in- form '.~-'~. Kennett that a copy of the report will be on file in the City Clerk's of- lice, ~'~hich will be open to him, and that he can copy as much of the report as re- lates to his office. A~SISTANT ATI~ENEY: It appearing that the matter for which ~Ir. Horace ~,i, Fox ~ was employed to assist the City Attorney has bee~ settled, I.~r. Comer moved that 'Fox be notified tlmt his services in connection with the matter are no longer neede, 'snd that he be requested to present his bill for services rendered. The motion was ~duly seconded and agreed to. BAIL COI~2dISSIONER: In connection with the report of the City Auditor that the Bail Commissioner acting ,,nder the instructions of the Judge of the Hustings Court which was referred to the City Attorney is not reporting daily his collections, for consideration, i,~r. Smell reports that in a conversation with Judge Almond he stated that he would require the Bail Co:~issioner to report b~s collections weekly on each i.'.onday. ~r. Small moved that the Clerk co,.._m~unicate with Judge Almond end ascertain what his instructions to the Bail Con~aissioner were. The ~,~otion was duly seconded and agreed to. ~ C0~.~E~ ~,~DRE;JS: ~.~ ~ Cole_m~u ~ndre~s presented a letter relating to his testlnony in connection ~'~t~ his ~-:?'~;e~ce before the grand j~y. The letter is filed. ~.,~,~-~-~.-. The ~tter of the purchase of the ~irport v,'as again considered The report of the conn~ittee presented at a previous meeting was before Council. ~:~. Bear moved to adopt the report. The ~,otion received no second. The ~atter is laid over ~'or future consideration. 8~H o~n~,.~ S. E: !,Lt. C. ,~. Neece appeared relating to the condition of 6th, Street S. ~ The ~atter is referred to the City ~.~an~Eer to r~nedy. ~'0~ RELIEF PROGRA~J: The City ~:anager presented a bill of the Relief Program There being no further business, Co~uxcil adjourned. APPROVED Clerk Pres t i! GODIICIL, SPECIAL MEk~IHG, Monday, August 13, 1934. The Council of the City of Roanoke met in Special ~' ..~eeting in the Council Room in the If. unicipal Building i.londay, August l~, 19.~Q, .at 8 o'clock p. m., pursuant to call of the I, resident. PRES;,.I;T: Messrs. Bear, Comer, ]dundy, Sr~ll and the President, :.~. Selfert-5, · "~BS~iT: l, lone ......... 0. The President, .~.~. Seifert, presidin~g. OBJECT OF Ti~._E i.~L~IiiG: The presi,lent stated that the object of the meeting was ' ~nd esp=cially the to consider such matters as might be brought before th~ Counc~.l, .= .~ Lc!fare and Relief subjects. ~ o~'~,~..,~.~ .',~-~,-~"-~: i.~r. :.loss ~. l'!u~:ett brought to the attention of 'touncil the agre~'"~t bet;':een the City of Roanoke and l~rs, l.',arv 7 Bondurant, ~Thereb.~.. the City. a~reed_ to do cert~'~;n~._ things in connection ~rith acquirin~ a i:,iece of lan..i fro;~; !Ers Bondur'ant for the -curvosc of ~',ideni:m- Franl:~in Road The City :._aa~a~aer stated that the a~reev~,~,nt was not s~g~,=d until after the condemnation !.roceedings h-~d been instituted and set for t~; ~,.~. the ac.r.am:~ent was si~jne¢] on. ' ' ~'- - ~: ~'- Attorney that the : the day the case ~':as set for nearing; ne is advised by ~:e ~j ac, reement ~';as not acce-:oted. l.h' :ear moved tb~t the City .~ttorney-,~roceed with conde'.L~a~ion .~oceedings for the ~ur~:.ose of acquLring a str~-~., of .Land "~" '-' _._r~ Vondurant The motion was duly seco'~ed and agreed to. ~,,--~: l.:r. l.'~undy, Chairman of the~'o~.~aittee cons iderins ~ne ~mv--rchase of the _~_irport re-ported that they will .... '-= ,.,~ a rei~ort on Friday, =~u~ust 17th. · -~.,~,~-~-:, r,~C.,.,~iTT~:,,.-- ~'~ i.~r. e-roue s ,=. Be~ , Ohair~,~an_ of the i~elfare Committee, re'oor~-_ ~ _ ~t, the subject assign~ ',- '~ ~ ed that the conm~ittee is m~in~ ~ress -' '~ ~a t~e.a. ,~u~,~.,= ~.~ P~LiEF: At the inspiration of ~ouncil the ,~dvisory Bo~d consistin~,~ · E ~ Bu~ord Jr. and j Hancock appeared to consider of Hen . Lee Trinkle, Paul u. _ , , . ... _ ..~. ,~ounc~l the matter of .,e!fare and Relief. There were also -£,resent Dr. H. ~. Trout and i.'r. J, B. ~askerviile from the Corn- munity ~und Cormuittee, i.M. Arthur U. James, Co.~mmissione~_ o--~ Public :;e!fare of ~.e State of Virginia and i.:r. Henry . Ranson, re~3rese'atinz~ llr. i'Jm. ,. Smith, F .. ~ Administrator for the State .... ~ Vi~inia, an~ others r~,resenti~ various agencies. ~ Hon. E. Lee Tri~e presented to Council a report from tb~ _~dvisory Board, which ,::as read and filed. ,5 ~. ~th~ ... J~es~ Commissioner of Yub!ie Le!fare of the Sta~ of Virginia :~ made a stater~ent giving Council his views on the subject. l,,Lr, Henry H. Ranson, representin~ LLr. Urn. ,._. Smith, s','as also heard, LTl''. Bear moved that Council recess for ten minutes so that the Committee on Public :.:elfare could consult; tl~ereu3on Council recessed· After a time Council rc~- convened. iLr. o.,all, reportir~ for the ;;elfare Committee, stated that the sentiment of the Co.~mittee is that it cannot un.~tat:e to assume re~.Donsibility for the Relief kgencies heretofore aponosred by the Community Fund, but ~'~ill possibly subsidize certain a~encies to the e:~ent of services ~oerformed for the City by such organ~za-i~ tions. =s to the department of ~ublic i,'elfare, if instituted, becoming a dual organ!- -t,5 ization handling the State, Federal and City funds, the Committee is not clear. That recommend some form of ;Jelfa~e 0rgeniza- the con~.tttee v~tll on Friday, ~.~ugust 17th, ition. Mr. Small presented the following resolution: .... · - .~ouncil be designated to confer REo0L~D, that a contmittee of three n~mbers of ~ with the accountir~g firm of T. Coleman ~kudrews & Company, or any other firm of cer- i'ttfied public accountants, to ascertain and consider whether or not a further audit, or reaudit, of the accounts and records of ~ny officer accountable for municipal fun~ 'should be authorized and directed. FU~.~R, that the conmLtttee also consider advisability of a thorough audit of the Voti~ List for the years 1931 to 1933, inclusive. The ConmLtttee appointed to make report to ~otmcil in writing, subm.~tting its findings and recommendations, to- gether with its r~sons for '~he !osition taken. iLr. Snell moved to adoDt the resolution. The motion ~'~Rs duly seconded and the resolution ado~jted. The vresident a-p!~ointed the fo!lo~'inc as the Committee- l.[essrs. Bear, Comer smd S~m!!. There bein~ :,o ~uzt~.ez b'~zness, ~ouncil adjourned. A = t~ D, 0 V E~-- S l'res nt CC -'"" ~' FA-%day, REGULAR MEETING AUgUSt 17, lg~4. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building Friday, August 17, 1934, at 3 o'clock p. m. PRESENT: Messrs. Bear, Comer, Mundy, Small and the President, Mr. Seifert-5. ARSEI~T: None ....... O. The President, Mr. Seifert, presiding. OFFICERS PRESENT: ;';. P. Hunter, City Manager. NTNUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as recorded. PETITIONS AND COMMUNICATIGNS: $. R. H~ISLEY: Mr. S. R. Hensley offered what he said was a petition asking ~ the removal of H. S. Birchfield, Civil and Police Justice, and requested that the petition be filed and action taken thereon. Mr. Small moved that the request be de- nied. The motion was duly seconded and agreed to unanimously. ATHELETIC CLUB: Dr. Goldston, representing the Athletic Club, appeared and ed that a boxing ring be constructed in the market auditorium, stating that the cost would Be from $75.00 to $150.00. M~. Small moved that the matter be referred to the City Manager to look into the question as to whether or not it would be £easible to permit the Athletic Club to construct the ring and rebate them on the rent for the use of the auditorium. The motion was duly seconded and agreed to. ~ RECREATIONAL DEPARTMENT: Mr. B. J. Fishbu~n, Rabbi Mo Goldblatt and Mrs. S. S. ,~ Gale, a committee from the playground and ed that Council appropriate an additional keep open through September l?th. The committee by another $300.00. In order to keep the visors be employed. Mr. Small moved that divert $500.00 from ether accounts provided he can do so without exceeding was duly seconded and agreed Recreational Association, appeared and askr $~00.00 in order that the playgrounds may agreed to supplement this amount playgrounds open it is necessary that super- the Recreational Director be authorized to', making up his appropriation to the salary aceount~ the appropriation for the year. The motion ERRONEOUS ASSESSMENT REAL ESTATE: Mr. Sol Rosenberg, Brothers, owners of the Rosanberg building, appeared and asked that he be rebated rep re senting ' Rosenberg th~ He is ask, amount of the penalty and interest on his lng this rebate for the reason that there matter 1955 tax, amounting to $144.92. has been a delay in getting the through the courts. The matter is laid over for a report of the City Attorney. AUTO ~PRING AND BEARING COMPANY: M~. Paul S. Johnson, representing the Auto Prove the appearance of their building reneer to the brick columns of Cax~ara Spring and Bearing Compauy, presented a petition asking that they be permitted to ira- .: on the Southside of Luck Avenue by adding a ,,! glass. He has been informed by the Building £nspector th, t the building abutts the street line, and in order to add this veneer Lt would encroach on the street 7/$ of -n inch. Mr. Comer moved to refer the matter i ~o the City Attorney for au opinion, and that the City Manager have the boundary of She building checked to ascertain whether or not the same is built up to the street line. The motion was duly seconded and agreed to. l? presented a valuation on the land necessary ferred to the City Manager with the request of 9TH STREET S, X; ]Ar. A. L. Hu~on brought to the attention of Council the ter of wi~ening ~th Street S. E., between Buena Vista Avenue and Montrose Avenue, for widening ]~urposes. The matter is that he prepare a plan and an estimat~ the cost for the ~ro~osed wiAening. The motion was duly seconded and agreed to. AUDIT CLERK OF THE COURTS: ~Lr. L. McCarthy Downs, Auditor of Public Accounts ,,of Virginia, transmitted to Council the audit of the office of the Clerk of the Courts. The Clerk is ~ireote~ to furnish a copy of the Edit~rial Section to each ;member of Council. AUDI~0R 0F ~IJBI.,I¢ ACCOU~S: :were subnd, t'l;ed to tho AudJ. tor of Answers to At a previous meeting of Cou.ncil fifteen questions Public Accounts with request that he answer them. the questions were transmitted in a letter to council dated August 2, 1'1934, and is filed. AUDIT OF THE SCHOOL BOARD: A ccmnunication from the Auditor of Public dated August 2, 1934, states that Accounts the report of the Audit of the School Board would The letter is filed. T. C. Rohrbaugh, Director of the Social Service Council appropriate and pay a sufficient amount of of August and the month of September. u~. Bear move~ The motion was duly seconded be transmitted the latter part of this week. SOCIAL SERVICE BUREAU. Mr. Bureau, appeared and asked that money for Relief mork for part that the matter be referred to the Welfare Committee. and agreed to. BUS LINE: A co~w, unication from the Roanoke RailwaY. end Electric Comlmny _-nd a copy of an order from the State Corporation Commission setting for hearing on Sep- tember 6, 19~4, at l0 o'clock a. m., the question of granting a permit to the Roanoke Railway & Electric Company to operate a bus line to the furniture factory in Roanoke County by the way of Hollins Road. The letter and order are filed. ELECTRIC RATES: Dr. J. C. Hurst transmitted a communication relating to the ~rates charged by the Appalachian Electric matter be referred to the City Manager. Power Company. The motion was _~. Mundy moved that the duly seconded and agreed to ATRPORT: A communication from A. N. Goon offering to sell to the City certain land for an Airport. The communication is filed. BURRELL MEMORIAL HOSPITAL: Report of the Burrell Memorial Hospital for the months of June and July 1934, were read and filed. FAMILY WELFARE SOCIETY: Report of the Faintly Welfare Soci sty for the month of July is filed. AIRPORT: A communication from the Roanoke Chamber of Commerce · air mail service was presented a~d filed. CROSS-OVER: The application of Mrs. T. D. Adams, relating to the 1220 Peachin Avenue S. E., fo~ a permit to construct a cross-over was read and referred to the City Manager with power to act. REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager presented a report making certain recomm-_ndations; the same were ~cted upon as follows: JACKSON PA~: let -~- Th.e City Manager report.s that the city is not a position to construct a-walkway as it would have to be emther concrete or hot asphalt mixed surface top. in ~iV. E.R. Tennis Courts - The City Manager reports that a request has been sent A. project for grading tennis courts, croquet and soft ball diamonds. 3rd: Fence Between Hoover Lot and Park Grounds:The City Manager reports that there is a~ pr~seng'a 5-fo'ct fen0~' along t'hls' line" and it is his opinion that it is all that the City should maintain as by rearranging of the playground they should not knook balls over the fence, 4tl~: ~:The City Manager reports that lights should be provid.ed for the park grounGs ou~ there is no appropriation in the 19~4 budget for them, that this matter should be considered when the 1935 budget is prepared. STREET LIGHTS: istreet light at the The City Manager recommends the installation of one 100 ¢. P. Corner of Mercer Avenue and ?th Street N. E. Mr. MUndy moved to adopt the recommendation and offered the following resolution: {~4330) A RESOLUTION authorizing the Appalachian Electric Powe~ Company to install a certain street light. ( For full text of Resolution see Ordinance Book No. 8, page /~%.~). Mr. Mundy moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: , AYES: Messrs. Bear, Comer, Mundy, Small and the President, Mr. Seifert - 5. NAYS: None --- 0. The City Ma~er l:~esented reports of ~ort~ acoomplished ~ncl expenditures for Iweeks ending July 26th, and August 2, 1954. The same are filed. FINANCIAL STATEMENT: The City Clerk and Auditor presented a statement showing the fi~nci~l condition of tho City as of July 31, 19~. The s~ae is filed. AUDIT: The City Clerk and Auditor presented a report advising that Schedule 9 of the audit of T. Coleman Andrews & Company contains inaccuracies. The City Clerk is directed to request Mr. Andrews to make the corrections that are necessary in the. Schedule. C0~0NWEALTH ATTORNEY: The City Auditor presented a report advising that R. S. Smith, $88.55, !'f iled. Commonwealth Attorney, received for the account of the City on August llth, which was not paid into the City Treasury until August 15th. The report is SWANK MILL: The City Audttc~ presented a statement showing the amount of in- surance carried on the Shank Mill property. The same is filed. CITY ATTORNEY'S OPINION LABOR BUREAU: The City Attorney presented ~n opinion advising Council that they had a right to appropriate and pay the amount that has been al~rol~riated to the Labor Bureau. The opinion is filed. POULTRY PLANT: The City Attorney presented an opinion relating to the poultry business conducted at the rear of Nos. opinion is filed. BEP0RTS OF COMMITTEES: and 306 First Street S. E. The ·AIL COMMITTEE: The report of the ~ail Mr. Seifert, Mr. was presented. duly seconded that each member of Council be furnished a copy. to. Sydney F. Small and Mr. N. M~. Small moved that items ? and 1~ be eliminated. The motion was and agreed ~o~ Mr. Bear moved that the report as amended be filed and The motion was duly seconded and · ELFARE C0_u~_~TTEE: The Nelfare Committee reported ~TRPORT C0h~ITTEE: S. F. Small and W. P. Hunter, Messrs. J. P. Mundy and W. P. thereto. progress. The Airport Committee, consisting of Messrs. presented a report. H~nter -Mr. Small Mr. Comer moved that the former committee consisting of the President, P. Hunter, making certain recow,,,ndations J. P. Mundy, The report being signed by stating that he did not agree report made by the committee be dismissed. The motion warn duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Comer, Mundy amd the President, Mr. Sci fert ---4. NAYS: Mr. S~all ......... 1. Mr. Bear moved that the report presented by Messrs. M,_,_~dy and Hunter be filed. the motion was duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Comer, Mundy and the President, Mr. Seifert ---4. NAYS: Mr. Smell ......... 1. Mr. M~n_dy offered the following resolution: RESOLUTION directing the mayor and the City Clerk and Auditor to exe- ~ute and deliver ten notes of $7,000.00 each with coupons attached, to the Mountain Trust Bank, representing the purchase pri~ for the Cannaday farm in Roamoke County. ( For full text of Resolution see Ordinance Book No. 8, Page /~ ). Mr. Mundy moved to adopt the resolution. The motton was duly seconded and adopted by the following vote: AYES: Messrs. Bear, Comer, Mundy and the President, ~. Seifert -4. NAYS: Mr. alnall -- 1. UNFINISHED BUSINESS: LYNCHBURG -~VEltUE: The matter of the request of the Wells Gas & 0il Company to use a portion of Lynchburg Avenue is laid over. CONSIDERATION OF CLATMa: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Mr. Small introduced the following ordinance: (~4332~ AN ORDINANCE to make an appropriation of $?0,000.00 to anticipate the payments on the Airport. BE IT ORDAINED by the Council of the City of Roanoke that there be, and is hereb ~ appropriated the sum of $70,000.00; the same to be used for the purpose of anticipat 'ing the payments on the Airport. The ordinance was read and laid over. Mr. Bear introduced the following ordinance: ~4333) AN ORDINANCE to amend and reordain an ordinance adopted by the Council of the City of Roanoke on the 15th, day of September 1933, Numbered 4.154, entitled, "An Ordinance relating to buildings on streets designated as business districts." For full text of Ordinance see Ordinance Book No. 8, page /~5%zJ. Mr. Bear moved thet the second reading of the ordinance be dispensed with. The motion was duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Comer, M,,ndy, Small amd the President, Mr. Seifert -- 5. NAYS: None ........ 0. lng Thereupon, the ordinance was placed upon its passage and adopted by the follow- rot e: AYES: Messrs. Bear, Comer, Mundy, Small and the President, Mr. Seifert -- 5. NAYS: None ........ 0. Mr. Bear introduced the following resolution: ~4S~4) A RESOLUTION to grant a permit to the Virginia Heights Baptist Church to construct a log cabin on its lot. ,i ( For full text of Resolution see Ordinance Book No. i: ? (I Mr. Bear moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Mundy, Small and the President, M~. Belfort -5. NAYS: None ..... 0. Mr. ~nall introduced the followiug ordinance: {~4~$) AN ORDINANCE to prevent tho unnecessary sounding of locomotive or street t oar whistles within eorpor&te limits of the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke: lteotion 1. That tho sounding or blowing of locomotim or street o~re whistles within tho corporate liattts of the Oity of Roanoke is hereby forbidd~n 8nd prohibited except as r~ay be necessary for the tr-nsmisslon of signals or in emergency to prevent accidents. Section 2. Any violation of this ordinance shall be punished by a fine of not less than $5.00 nor more than $10.00 for each offense. The ordinance was read and l~_id over. Mr. Small introduced the following resolution: RESOLVED, That the City Manager is hereby directed to ascertain whether any individual drawing full or part time compensation from the City is delinquent for any taxes due the City as of date of this resolution. Furether, that he be directed to make written report to Council listing the names of any such delinquents, monthly compensation. Mr. SmaLl moved to adopt showing the ~mounts thereof, together with their . the resolution. The motion was duly seconded and agreed to. MOTIONS AND MISC~OUS BUSINESS: TAx-[_ DRIVERS' BONDS: The City Clerk brought to the attention of Council the mat- tar of bonds required of taxi drivers and stated that the insurance policies had been ancelled; that there is a company known as "Lloyds" of TeXas that will write the ~ ~lass of i~$urance required, but that they are not authorized to do business in Vir-~ ~inia and the ordinance requires that the companies writing the policies for taxi ~rivers shall be authorized to do business in Virginia. The matter is laid over. NATIONAL CASH REGISTER COMPANY: The bill of the National Cash Register Company For Accounting Machine and Cash Register was presented, amounting to $4,092.60. Upon action, duly seconded, the City Auditor is authorized to pay the same. HORACE M. FOX BILL: Mr. John P. Mundy Dresented to Council a communication from ~r. Horace M. Fox transm_t_tting a bill for $1,000.00 for his se=vices as special coun- sel in the matter relating to the shortage in the Treasurer,s office. The bill is laid over. TRAFFIC LIGHTS: Hr. Bear offered the following motion: I move the City Manager be directed to make inquiry -nd report upon the follow- 1. The number of traffic lights now in operation in this City. 2. Where are said lights located. ~. What is the per unit cost per month including current ~nd upkeep. 4. The total purchase price to date for traffi~ lights, 'nstallatton. 5. The purchase price Der unit including installation. 6. What, if any, of said traffic lights may be a~andoned. consumption, icc luding cost ~in~enance of 21 The motion was duly seconded and agreed to. ~ 2 Mr. Bea~ offered the following motion: X ~ove the City Manager investigate and report in ~riting to next meeting the oonditlon of the stone wall surr~Andtng the Elz~ood to~ether with costs of such repairs that may be needed, if any. Council at its Park pr~p art y, The notion was duly seconded and agreed to. GATE~ FRANKLIN ROAD NORF0~.~ A~ ~S~ RAIL¥,AY: A comunicatica from Mr. W. P. liltsee, Chief Engineer, Norfolk and Western Railway Company, asking that the eom- .pany be permitted to remove the gates at the Franklin Road crossing of road and to install in their place a wigwag signal. ordinance advise Mr. signal. There requiring the construction of Wiltsee that there the gates, It appearing that the City Manager is their rail- there is no authorized tc is no objection to replacing the gates with wigwag being no further business, Co,m_cil adjourned. ATTEST: Clerk APPROVED COUNCIL, SPECIAL MEETING, Friday, Au6ust 24, 19:~4. The Council of the City of Roanoke met in S~eotal Meetin6 in the tn the Municipal Buildin6 Friday, August E4, 19:54, at 4 o'clock p. m. PRF.~ENT: Messrs. Comer, Mundy, Small and the ABS~2~T: Mr. Bear ....... 1. Council Room Presi den t, M.r. Sei fert --4. ; The President, Mr. Selfert, presiding. OFFICERS PRESENT: N. P. Hunter, City Manager. OBJECT OF THE MEETING: The president stated the object of the meeting was to ,*onsider the request of the Social Service Bureau for additional funds, and other aatters as might come before the meeting. SCHOOL BOARD ~ccounts Audit. ~ectlon AUDIT: The audit made by L. McCarthy Downs, Auditor of Public · of Virginia, of the School Board was presented and referred to the committee The City Clerk furnished each member of Council with a copy of the editorial of the report. SII1R~AT.K TOMPKINS AVENUE S.E: Messrs. W. N. Spencer and J. P. petition ue S. E. ~igned the SOCIAL SERVICE BUBF. AU: 'eau, presented a statement brough the month of August. $1,710.00, $1,000.00 of which is for work relief and $710.00 for Burne tt presented and Taylor Ave- asking that a sidewalk be constructed on Tompkins Avenue They stated that only one property owner abutting on the proposed sidewalk' petition. The me_trot if referred to the City Manager for report. Mr. T. C. Rohrbaugh, Director of the Social Service Bu- showing the necessity for funds to carry out the program After a discussion Mr. Mundy moved that the City ~ay direct relief for city cases, and that Mr. ~m. A. Sm~ith, State Director, be advised that the $1,000.00, together with $4,000.00 previously paid will equal $§,000.00 the sum that he suggested Shat the City should appropriate monthly. The motion was duly seconded end agreed ko. Mr. Mundy offered the following resolution: (~$~S6) A RESOLUTION directing the City Clerk and Auditor to draw a warrant for ;he sum of $1,710.00 to the Social Service Bureau. BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk and ,uditor be, and he is hereby directed to draw a warrant for the sum of $1,710.00, .ayable tO l~he Social Service Bureau; said amount being divided $1,000.00 for ~'elief az~ $710.00 for direct relief for City cases. Said amount when paid sb, ll be charged to the account of Organtmed Charities. " Mr. MUndy moved to adopt the resolution. The motion was duly seconded and the" resolution adopted by the following ~ote: ~i AYES: Messrs. Comer, Mundy, ' Small and the President, NAYS: None ...... 0. Mr. Small moved that tw~ members of the Welfare Commzittee, with ~d the City Manage~ Rohrbaugh, confer with ~&r Smith, the early part of the coming week and as- i', :ertain what coordi-~_ted plans can be worked ~ut with reference to relief in the 4 City of Roanoke, and that said committee be authorized to go to Rleh~n~ for the conference, if necessary. The motion was duly seconded and agreed to. The presi- ident appointed Messrs. Comer and Small a committee. HOI~CE M. FOX BILL: 1~. ,l'olm P. Muddy- l:a"es~mted a bill .as special counsel, amounting to $1,000.00, and moved tha% from Mr. Horace M. Fox, the bill be paid. The · motion received no second. There being no further business, Council adjourned. APPROVED ATTEST: ~'f~ '~'t C, '--- .... Clerk Presider GOUNGIL, SPECIAL _MFETING Monday, August 27, 19~. The Council of the City of Roanoke met in Special Meeting in the Council Room in the Municipal Building Monday, August 27, 1934, at 3 o'clock p. m., pursuant to call of the president. PRESENT: Messrs. Bear, Comer, Mundy, Small and the President, ~{r. Seifert-5. ABSENT: None ....... 0. The President, ktr. Sei fert, presid Lug. OFFICERS PRESENT: W. P. Hunter, City Manager. OBJECT OF THE MEETING: The president stated shat ~he object of the meeting was ~ to consider such matters as might be brought to the attention of Council. WELFARE C0~,~IITTEE: The verbal report of the committee is that the m~tter should~ drift along until the conference scheduled with Mr. Smith is had, end Council can ascertain about what to expect from the Federal Government in the way of funds for relief purposes. The matter is laid over. INVESTIGATOR: The City Manager recommends that Mrs. Alma C. Phlegar be retained for another month as Investigator at a salary of $'i5.00 per month· }&r. Bear moved that the City Manager retain Mrs. Phlegar for one month month. The motion was duly seconded and agreed to. at a salary of $75.00 per LABOR DAY PARADE: AB_ invitation from the Roenoke Central Labor Union to Council to view the Labor Day Parade from the steps of the Federal Building and act as a Judging committee to award prizes for the best floats was read and on motion the in-' vitation accepted. The Clerk is directed to advise the Labor Union of the acceptance. SHANK MILL: An offer from the Moore Milling Company to purchase the Shank Mill was read and laid over. AIRPORT: A letter from Mr. Ran G. Whittle with reference to the renewal of the lease of i,~essrs. Clayton Lemon and Frank Reynolds was read· The Clerk is directed to write Mr. Whittle and request him to meet Council on Friday, August 31st, and to give Council information as to the payment of the liens against the hangar at the Airpor~ and to submit in writing a proposal for the rental of the Airport from ~essrs. Lemon amd Reynolds. The motion was duly seconded and agreed to. FLOOD C0h-DITION: A communication from the Me=chants' Protective Association with refer~ce to the flood on Friday, July 27th, and asking that Council tske stepsI to guard against a recurrance of such a flood The letter is filed SPEGI~L COUNS~.: Thebill of !,~. ltorace }.X. Fez, gpecial Counsel, representing the ~ity in the matters of the audit of the Treasurer's office, ,~ounting to $1,000.00 was presented. Mr. Bear moved that the bill be paid. The motion was duly seconded 'and upon a vote being taken was rejected by the following vote: AYES: Mr. Mundy ..................... 1. NOT VOTING: Messrs. Bear, Comer, Small _-nd the President, Mr. Sei fert--4. Thereupon, Mr. Comer moved to reconsider the vote whereby the payment of the bill was rejected· The motion was duly seconded and agreed to. Thereupon ~lr. Bear · ithdrew the motion to pay the bill. Mr. dy moved that the bill of Horace M. Fox for $1,000.00 as special counsel Irepresent~ng the City of Roanoke, be paid. The motion was duly seconded and agreed by the following vote: AYES: Messrs. Bear, Comer, Mundy, Small and the President, Mr. Seifert --5. NAYS: None .......... 0. AIRPORT COMMITTEE: Mr. Small reported verbally for the Air~ort Committee, stat- ling that the Airport Commlttee, together with Mr. Morris, a former member of the !Committee, had a conference with Messrs. Gunn and Adams of the Mountain Trust Bank ~as to the understanding on the rate of interest to be charged for the purchase of th £ iAirport; that ~.Mo Morris stated that he had never agreed to a rate of interest ex- ~ceeding 4%. In the course of the discussion the Mountain Trust Bank was asked if !they would consent to a revision of the contract so as to provide interest at a rate :~of 3sA%; they stated they would not. Mr. Small moved that the following letter be written the Mounta_~_n Trust Bank, Administrators of the Cannaday Estate: "The City of Roanoke will on September 2nd exercise ire right of anticipation and tender cash for deferred purchase money obligations for the Cannaday Farm, pur- chased for use as a i,.[unicipal Airport, represented by ten Notes in the sum of $?,000.00 each, secured by Deed of Trust upon the property, such Notes being payable to the "Legal Holder" thereof. As an acco~odation to the City, it is requested that the Notes ~delivered w'ithout recourse or impairment of their negotiability. in question be The Mountain Trust Bank recognizes the City's right of anticipation in this al- 'fair, and your cooperation as above requested entails no liability on your Dart what soever. ~'ill you please advise prior to August 31st of your willingness to cooperate with the City in the exercise of its option as above indicated." The motion was duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Comer, Mundy and Small -4. NAYS: Mr. Seifert The report of the coif_tree appointed under the resolution adopted August 13th, to consider and present recommendations as to the advisability of a further audit presented a report as follows: "To the President of City Council:-- Ne the undersigned appointed as a committee of Council, under resolution adopt- ed August 13th, to consider and present recommendations as to advisability of fur- ther audit of accounts and records of departmental officers, submit the following: 1. We recommend that the accounts and records of the City Sergeant be further audited or reaudited for the period January 1st, 1933 to June 30, 1934, inclusive, and that such examination of this Department be made in the manner and under the mconditions that an audit is commonly defined and generally ,,nderstood. We feel that :'the firm of T. Coleman Andrews and Company can complete this audit at minimum cost. 2. We recommend a thorough audit of the Voting List, as certified er for the years 1932 and 1933. It is our judgment that some other sho,.,!_d be retained for this purpose. by the Treasur- acco,.!n_ting firm 3. If the recent opinion of the ~ttorney General, as amended, is invoked to preven a practical audit as advocated above, we recommend that the Co,,ncil petition the Governor ~o secure a court decision upon the validity of this opinion, or failing .therein, to consider ..of existing statutes. instituting its own procedure to secure a court interpretation _. Sydney F. Small ~as._ A. Bear" Mr. Comer the third member of the committee did not sign or consent to the re- Mr. Mundy moved to accept and adopt the report. The motion was duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Mundy, Small and the President, -.Mr. Seifert --4. NAYS: Mr. Comer ...... 1. .Mr. Small moved that the president appoint a committee of three to ascertain the cost of the audit of the City Sergeant's office and the Voting List and report !to Council the expense thereof, together ~ri_.th recommendations. The motion was dul7 iseconded and agreed to. Thereupon the president appointed Messrs. Small, Comer and Bear a committee. NATIONAL ORDER OF MOOSE: Mr. Bear presented the following resolution: '~EltEA3, The National Order of Moose are favorably impressed with, and are seriously considering the purchase of the famous and historic hostelry, "The Old Sweet Springs," a property located in both West Virginia and Virginia, and .! ~tE_uE~a, a great social and economic benefit would accrue to this commttnity if this can be accomplished and a modern social welfare home be established in!i our community, such as is contemplated by the National Order of Moose, if and when the above property is purchased for the purposes contemplated. NOW, THE~RE, We, as a governin~ body of the City of Roanoke, do hereby en- courage the hope that the present plans of the National Order of :,!oose to es- tablish the home as above contemplated at the location aforesaid, be favorably~ considered by said organization, and that the Council of the City of Roanoke offer such assurances and aid as may be proper under the circumstances, and BE IT FURTHER RESOLVED that a committee of three be appointed to contact theses. in charge of this .proposition immediately; said committee to be composed of the present mayor and/or his successor, and Colonel ~. S. Battle and T. Gilbert l~ood, and BE IT FURTHER RESOLVED that said committee report their results to this Council." Mr. Bear moved that a copy of the resolution be transmitted to the committee Gamed therein and the Honorable James J. Davis. The motion was duly seconded and mgreed to. Mr. Bear offered the following resolution: (#4337) A RESOLUTION to appoint a conm~ttee to investigate the operation of the ~ire and Police Pension system in the City of Roanoke. ( For full text of Resolution see Ordinance Book No. 8, page 155. Bear, Mr. Bear moved to adopt the resolution. The motion was duly seconded and agreed The president appointed as members of the committee from the Council .~,~.lessrs. Small and Comer.. C04K. JOI~,%~LLTH ATT0~EY: A committee consisting of L.~essrs. Bear and Comer appoint- .~d to appear before the State Compensation Board with reference to the salary of the '. ommonwe al th Attorney presented their report which was read. htr. Bear moved that he report be adopted. 'ore: AYES: Messrs. Bear, Comer, Mundy, Small The motion was duly seconded and agreed to by the following and the President, ILr. Seifert --5. NAYS: None ........ 0. The Clerk is directed to transmit a copy of the report to the State Compensation Board and to the Commonwealth Attorney. ~.&r. Bear offered the following resolution: (#~338) A RESOLUTION to pay C. E. Cuddy for the months of July and August. ( For full text of Hesolution see Ordinance Book No. 8, page 156. l~!r. Bear moved ~o adopt the resolution. The motion was duly seconded and the :esolution adopted by the following vote: AYES: Messrs. Bear, Comer, i,lundy, Small ~d the President, ~'Ar. Seifert --5. NAYS: None ......... 0. ¥~ASENA PARK PLANS: The City Manager presented to Council the plans for the de- ~elopement of Wasena Park, prepared by ~. A. Farnham, Landscape ~rchitect and number- ,d 1151-4, said plan being on file in the of L~ce of the City Engineer. There being no further business, Council aijourned. APPROVED ATTEST: Clerk 27 COUNCIL, REGUI,AR MEETING, ~riday, August 31, lg34. The Council of the City of Roanoke met in regular meeting t_n the Council Room in the Munieipal Building Friday, August 31, 1934, at 3 o'clock p. m. PRESENT: Messrs. Bear, Comer, ~,.tundy, Small and the President, L:~. Seifert --5. ABSENT: i4one ........ 0. The President, ~r. Seifert, presiding. OFFICERS PRESENT: ~'. P. Hunter, City Manage~. '~been furnished each member of Council, upon motion, duly seconded, ~INb~l~f~: It appearing that a copy of the minutes of the previous meeting has the reading is dispensed with and the minutes approved as recorded. PETITIONS AND COMI.~IE~ICATIONS: W-) · · AIR_~0RT. Mr. R G. ~°hittle, representing ~.Zessrs. Lemon and Reynolds, appeared in response to the request of Council with reference to the lease of the airport. ~! '~dr. Whittle stated that Lir. Reynolds was out of the City and asked for an extension of time to present a proposition to Council for the lease of the airport. Mr. '~tittle also stated that the liens against the hangar had been satisfied and that he would present to Council at its next meeting evidence of such sattsfac- tion. M~r. Dirk ~. Euyk appeared and stated that he represented some parties who are . interested in leasing the ~irport. It was suggested that he sub~it his proposition and take the matter up with the ,'~irport Committee. CROSS-OVFiR: The application of....~ E. Nhite f~ permit to construct a cross-over at ~43 i,~ountain ~venue S. W., was read and referred to the City ~[anager. SHANK !.'~ILL: A communication from Dr. R. i~. ~'iley asking if the City desires to sell the Shank i.lill Water site. The Clerk is directed to acknowledge $~e same and request Dr. Wiley to make a definite offer. GAS ~!AIN: The application of the Roanoke Gas Light Company for a permit to in- stall a 4 inch gas main in Greenbrier Avenue S. E., from a dead end to 1437, a dis- tance of 95 feet was presented. The City i~lanager recommends that the permit be granted. ~¥~r. i£,~ndy offered the following resolution: (~4339) A RESOLUTION granting a permit to the Roanoke Gas Light Company to in- stall a certain gas BE IT RESOLVED by the Council of the City of Roanoke that a permit be, s_nd is he~-eby granted the Eoanoke Gas Light Company to install a 4 inch gas main in Green- brier Avenue S. E., from a dead end East to 1~37, a distance of 95 feet. Said Roanoke Gas Light Company by acting under this resolution agrees to in- i demnify and save harmless the City of Rosnoke from all claims for damages to persons ~. or property by reason of the insta21ation and maintenance of said gas maLn and fu2- , thre agrees to replace the streets where the same are opened under the provisions of ?the ordinances of the City of Roanoke providing for street restoration. _M_r. Mundy moved to adopt the resolution· resolution adopted by the following vote: AYES: Messrs. Bear, Comer, NAYS: None ...... 0. The motion was duly seconded and the Mundy, Small and the President, Mr. Seifert --5. ~ANOKE GAS LIGHT COMPANY RATES: A communication from the Ro,noke Gas Light Company advising Council tha~ they would apply to the State Corporation Commission to reduce the rates to househeating customers, together with a list of the rates now ~harged and those proposed. Mr. Bear moved that the matter be referred to the City ~ttorney for report. The motion was duly seconded and agreed to. PURCHASE OF AIRPORT: A communication from the ~.iountain Trust Bank, i'resident, Administrators of the estate of A. A. Cannaday, deceased, ;o the notes aggregating $70,000.00, given for the purchase price retting that the City will anticipate their payment. The letter R. B. Gunn, with reference of the Airport, re- is filed. TAX REFUND: Mr. Thos. H. Crowley presented application for refund of $20.00 paid ~n account of the 1931 tax on his property, being a part of lot 167 - Ward 4, Roanoke [~and and Improvement Company. It appearing that the $~0.00 represents a part of the~ shortage of J. H. Frantz, Treasurer, and was included in the report of t?~e Auditors ~ ~nd was a part of the settlement made with the Insurance Company, Mr. Bear moved that ~he matter be referred to the City Attorney for report at the next meeting of CounciL. The motion v~as duly seconded and agreed to. THIRD STREET SOUTH ROANOItE: A commtu~ication from k~r. Henry E. Tho_m__s_s asking for ~he repair of Third Street, South Roanoke, between Avenham and Lafayette Avenues was iead ~nd referred to the City Manager. SOCIAL SERVICE BUREAU: A communication from ~ir. T. C. Roh~baugh, Director of the ~ocial Service Bureau, advising Council of the condition of the funds, and stating ~hat unless further appropriations are made the work would have to cease Tuesday ~orning. kLr. Mundy moved that $5,000.00 be paid for F. E. R. A. projects and 12,300.00 for city pauper cases for the month of Septem~ber, to be paid in full of all [emands during the month of September. Mr. Mundy offered the following resolution: (~43~0) A RESOLUTION to pay the Social Service Bureau $5,000.00 for F. E. R. A. projects and $~,~00.00 for city pauper cases for the month of September. ( For full text of ResOlution see Ordinance Book No. 8, page 157 ). ~ir. Mundy moved to adopt the resolution. The motion was duly seconded and the ~esolution adopted by the following vote: AYES: ~essrs. Bear, Comer, Mundy, Small and the President, Mr. Seifert --5. NAYS: None ......... 0. COMMON~ALTH ATTORNEY: A communication from the State Compensation Board ~ R. ombs, Chairman, advising: "A_lthough it appears there is no independent statute authorizing the appoint- merit of an ~ssistant to the ~ttorney fer the Common~ealth of Roe_noke City, the Compensation Board feels that it is authorized under the compensation act to make an allowance for an Assistant to the Attorney for the Commonwealth of Roanoke City, which the Board has done and which action the Board now con- Bear moved that the following letter be transmitted to the Compensation Board; State Compensation Richmond, Virginia, Board, ~ttention ~:. H. Combs Dear Sir: Re: Compensation--Commonwealth Attorney and Assistant Common- wealth Attar. ney for the Cit~ of Roa~..ok..e...~ virginia. we have your several opinions relative to the Positiom of AssiStant Commonwealth Attorney of the .City of Roanoke and have carefully and maturely con- sidered same, and we beg to advise that we ~have been and are mow of the opinion that there is no warrant of law for the appointment of an Assists_ut Commonwealth Attorney for the City of Ro~-oke. Therefore, we must decline to comply with your several orders heretofore rendered in that respect, in all other matters set out in your opinion we concur. Yours very truly," The motion was duly letter to the Compensation REPORTS 0 F OFFICERS: seconded Board. REPORT OF THM CITY MANAGER: mendattons as follows: WALL ELM~OOD PAtE: and the City Clerk is directed to transmit the The City Manager presented a report making recom- The City Manager recommends that the wall around Park be repaired at a cost not to exceed $100.00. L~r. Comer moved that the recom- imendation of the City ~.!s~ager be adopted. The motion was duly seconded and agreed POLICE APPOiNTM~tTS: The City Manager presented a report advising Council that Capt. J. L. Manning, Superintendent of Police, retired under Class "B" of the Pen- Ordinance, effective September 1, 1934, and that Lieutenant C. E. Heckman has .been appointed Acting SuPerintendent of Police effective September 1, 1934. TRAFFIC LIGHTS: The City Manager presented a report showing the number of traf- fic lights in operation in the City, the cost of installing the lights and the cost of maintaining the lights. The report is filed· The City Manager presented reports of work accomplished and expenditures for weeks ending August 9th, 16th, and 23, 1934. The same are filed· Rr~PORT OF T. qE CITY ATTOHNE~f ON ROSENBERG BROTHERS' REQUEST TO REFUND TAX PENALT The City Attorney presented a report on the petition filed by Rosenberg Brothers for a refund of7144.72, ~ penalties and interest c_harged on taxes for 1933, advising that the m~tter had been determined by court and settlement made in accordance with the court orders. ~. Rosenberg raised the questio~ of undue delay in settling the matt~ and after a discussion, ~..Mr. Bear moved the City refund to Rosenberg Brothers $144.72 which motion received no second. Ab~T0 SPRING & BF.A~LIHG C0,I.~ANY: The City Attorney presented an opinion on the request of the auto Spring & Bearing Company to veneer the front of their building with structural glass, which will extend over the sidewalk space 7/8 of an inch, advising Council that granting the permit will not interfere with, pedestrian traffic on the street, and that the law does not forbid granting such permit. Mr. Bear mov. ed that the permit be granted and offered the following resolution: (~4341) A RESOLUTION ~ grant_ng a permit to the ~uto Spring & Bearing Company to veneer the front of their building with structural glass 7/8 of an inch thick. ( For full text of Resolution see Ordinance Book No. 8, page 15~ ). "Mr. Bear moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, ~.Jundy, Small and the President, L~. Seifert --5 NAYS: None ---0. .?,', · RI~PORTS OF C01,~TTEES. AUDIT C01~ZiITTEE: A report of the Auditing~ Committee, EM. Sydney F. Small and · '.Mr. James a. Bear, recommending an audit of the Sergeant's office from January 1st, to April 18, 1934, inclusive, and an audit of the Voting List for 1933, and that T. Coleman Andrews & Company be employed to make the audit, was presented· The ser- gent's office to be audited at a cost not to exceed $500.00, and the Voting List not to exceed $500.00, with the undersuanding and agreement that if a further audit of ti Voting List verifies the previous audit, the firm of T. Coleman Andrews & Company wi] receive no remuneration for recheck of the Voting List. 1,ir. Small moved to adopt th~ reconm~ndation and offered the following resolution: (~&SA~ A RESOLU~TON to employ T. of the City Sergeant,s office for the period beginning 1934, inclusive, and to audit the 1935 Voting List. ( For full text Mr. Small moved to by the following vote: Coleman Andrews & Company to make a~ audit January 1, 1934 to April 18, of Resolution see Ordinance Book No. 8, page ~). to adopt the resolution. The motion was duly seconded and agreed AYES: Messrs. Bear, Mundy and Smsll ---3. NAYS: Messrs. Comer and the President, Mr. Seifert --2. SHANK MILL: The offer of the Moore Millin~ Company for the purchase of the Sbsnk ~ill was laid over. UNFINISHED BUSINESS; The following Grdinance having been introduced, read ~nd ~aid over was taken up and again read: (~433£) AN 0RDIH~NCE to make an appropriation of $70,000.00 to anticipate the Pa~nents on the ~'~irport. ( For full text of Ordinance see Ordinance Book No. 8, p~ge 1~5~8). .~ ~fr. Small moved to adopt the ordinance. The motion was duly seconded and agreed o by the following vote: AYES: L~essrs. Bear, Comer, L:undy and Small---&. NAYS: The president, iLr. Sci fert ............. 1. The followinC ordinance having been introduced, and again read: read and laid over was taken (#4335) AN £~,HDIN~&NCE to prevent the unnecessary sounding of loco~r~tive o,~ street whistles within the corporate limits of the City of Roanoke. ( For full text of Ordinance see ~rdinance Book No. 8, page I¥?~. ~ms~_ll moved to adopt the ordinance. ,rdinance adopted by the following vote: The motion was duly seconded and the AYES: i'~essrs. Bear, Comer, Mundy, Small and the President, L~. Seifert --5. NAYS: None ..... 0. LYNCHB~qG AV.~22JUE: The request of the ;';ells Gas & 0il Company to use a portion of~ I.ynchburg Avenue N. E., was laid over. CONSIDERATI ON OF CLAIb~: None. INTRC, DUCTION ~D CONS T~ERATI OH OF 0RDiNDd~CES Dd,,~D HES0~o.~o: Mr. Liundy introduced the following ordinance: (#4343) AN 0RDiNal,ICE to amenu and reordain Section 8, of an ordinance adopted )y the Council of the City of Roanoke on the 18th, day of October 1929, No. 3585, eh- itled, c'rdinanee to regulate the licensing and oi.~eration of public vehicles, ~AB aXicabs, and for hire cars on the streets of the City of Roanoke, Virginia." ( For full text of Ordinance see ~rdinance Book No. 8, page ____). The ordinance was read and laid over. Li0TIONS ,~qD I[iSCF~LLANEOUS BUSINESS: EDITORIAt.: kqr. Bear presented mn Editorial clipped from the "World-News,, of [ugust 31, 1934, entitled, "Lawyers and !~unicipaltt~es', and asked that same be filed. -- , ?TH STRJ~T S. E. WID~ING: The City ~anager presented an estimate of the cost ~f widenimg Vth Street S. E., between i2o~-~ros~ and Buena Vista Avenues. He stated ~hat the cost of acquiring the land would be ~105.00, and the cost of t.~provement zould be approximately $500.00. The ~_~tter is laid over. SIDE, ALE T0~q~EINS AV~qUE AND TA~LGR AVENIYE S. E: The City Manager reported the 'cost of a sidewalk on Tompkins Avenue and Taylor Avenue S. E., of $~85.15, a portion of which would be paid by the property owners. The matter is laid over. PRESIDh~IT SEIFERT: The President, ~r. Seifert, upon retiring as a member of th ~.Council with this meeting made appropriate remarks and presented to the City the ioffIce furniture in the mayor's office and the table in the Council Room. The offic ifurntture consisting of 1 roller top desk, 1 flat top desk, 1 filing table, 1 five ~drawer cabinet, 1 telephone stand, 1 office chair with the pictures and frames. Mr. ~Small moved that a coJmmittee consisting of '~,~essrs. Comer m~d Bear prepare the proper ~.resolu~ion thanking.the mayor for his gift to the City. Mr. Comer replied in an ap- :pl~opriate ~vay to the mayo~'s renmrks. Messrs. Bear and Mundy also made appropriate e remarks. There b=~u~ no further bus iness, Counc il adjourned. APPROVED ATTEST: _\_,' ,, _.~-.L C 1 erk Pres t /! II COUNCIl,, ORGANIZATION MEETING, Saturday, September 1, 19~. The Council of the City of Roanoke met in the Council Room in the L[unicipal Suilding Saturday, September 1, 1~34, at 3 o'clock p. m., for organization. PP~ESE~£: ~iessrs. Bear, Cozmr, Po~':ell, Small and :;inn---5. ABSE!~: None -0. The meeting was called to order by Honorable S. P. Seifert, den t. the retiring z~resl- ?~ ~ · ~UALIFICATION OF ~dF~B~. The City Clerk st~ed that the certificates of ~ua!f- fication of the new members,Messrs· Bear, Powel!, Small ~nd Winn, had been filed. ELECTION OF P~LESID~,T: The chair stated that nominations were in order for president of Council for the term beginning September 1, 1954, ,and expiring August 131, 1956. ~r. Comer placed in nomination L.Ir. Sydney F. Small, and there being no Ifurther nominations,}~Jr..lerner moved that nominations close· The motio~ v~as duly 'seconded -and agreed to. °--"~ = Sn~ll be elected ~ .... 5~r. Comer moved that '.Lt. oj~ ~.. ~=~ dent of the Cotuncil for the term begznnzng Sept~o. ber 1, !9o_, and expiring ~%ugust 5lin 19~6 The motion was duly seconded ~ud L%r. Small was elected president of the Council by the fo!lo%'~- vote: AZm~: i2essrs. Bear, Comer, Po%.;e!! and Winn---~_. NOT VOTING: Mr. Small ........ ~_r. Small in accepting the presi4ency outlined to the member's of Council his policies. VICE-PRESIDi~,~T: The president stated that nominations were in order for vice- president of the Council for the term beginning September i, 19 ~4, an d expiring August 31, 19 36. Bear placed in nomination ~. J. W. Comer, which was duly seconded and there being no further nomination ~. Bear moved thst nominations c~ose. The motion was duly seconded and agreed to. kbr. Bear moved that LLr. J. ~J. Comer be elected the vice-president of the Council for the term beginning September l, 1934, and exi~irlng August 31, 1936. The motion was duly seconded and agreed to by the following' vote: AYES: ldessrs. Bear, Po~ell, Winn and the President, ~. Small--4. NOT VOTING: Mr. Comer -- 0n motion of ilr. ~'inn, the meeting adjourned. APPROVED ATTEST: Clerk Pres ident $4 COUNCIL, Friday, REGULAR MEETING, September 7, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room ~in the ~dunicipal Building Friday, Septe;~ber 7, 1934, at 3 o'clock p. m. Winr~ and the President, Mr. Small --5. PRES ~,,~ T: '~ ~essrs. Bear, Comer, Powell, ABSEi~T: None ....... O. The President, i,Lr. Small, presiding. OFFICERS P,~EoE, ·. ~. ~:. llunt e r, City Manag er. ,,,~,J~T,,.o: It appearing that a copy o* the m~nutes of the previous meeting has been fu_~ished each member of Council, upon motion, duly seconded, the reading is dispensed ~ith and the minutes .~'l~l~rOved as recorded. i-'ETiTi0NS a,\'D COMMUNICATIONS: RORER AVEi~/IE: Mm. D. Sayler Good alopeared and asked for improvement to Rorer Avenue between 18th '~and 20th Streel~ and 7th Street between Salem and Patterson ~,ve- nues. lLr. Good stated that they had filed a petition for curb and gutter on Rorer but no action had been taken on the ~ ~? portion of the cost, 'Avenue, agreeing to ~a~ a petition. The City i.:anagor stated that the reason that no action had been taken was for the lack of funds. Mr. Good also called attention to the drainage condition in the seventeen hundred block on Rorer Avenue and asked that the same be remedied. Council takes the matter under consideration. CITiZE/~S' .ADVISORY C01~.L:i~TV~: The Citizens ~dvisory Corzaittee consisting of J. Tyler i,~eadows, E. M. Ftmkt~ouser, J. J. Hon. ~ ~ Trinkle, Paul C. Buford, Jr., · ~ ~ Lawson and N. ~','-. Pugh, presented to Council their Sheehmu, John :';. Hancock, .. ~. resignation stating that they had been appointed for an indefinite period and had :served more than five years; that the personnel of Council has largely changed and .they felt that it was proper to resign in order to afford Council the opportunity, ,;;ithout emb.~-rrassment, to take such action respecting the continuance of such a co~!ttee, the duties thereof and the personnel thereof as the Council :r~~ deem ad- visable under present conditions. ~ir. Bear moved that the resignation be accepted and the thanks of the Council .extended to the members of the committee for their services. The motion was duly ,seconded and agreed to. RKPORTS O ~ 0~ .:, IumRS: ~ -~ ~zty Msnager presented a report of work accom- ~0RT 0~ '±~HE CiTY ~AGER: The ,~' ' .plished and expenditures for %'~eek ending August 30, 1934. The same is filed. REPORT OF CITY ATT0~d~A~f ON REFb,~ND OF TAX~ TO T. H. CR0~F]~EY: iJith reference to ; '"the request of T. H. Cro~'ley to tel'mhd $20.00 paid to ldr. J. H. Frantz, former Treas. '.urer, on account of the 1931 taxes on his property. The City .~tto, ney reported in !~is opinion the refund should be ~.~de. I,ir. Comer offered the following resolution: (#4344] k P, ESOLUTION directing the City Clerk and Auditor to draw a warrant payable to T. ti. Cro%','ley for $20.00 to .refund taxes. ( For full text of Resolution see Ordinance Book No. 8, page 159 _) Mr. Comer moved to adopt the resolution. The motion wa~ duly seconded and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, NAYS': None ...... O. Powell, Winn and the President, ~ir. Small ---5. TAX REF~D: The application of ~o~s. Fannie H. Burchfield to refund $213.19 on account of taxes fo2 1931, paid to J. H. Frantz, former Treasurer, the sam~ having been taken into consideration in the accounts of the shortage tn the Treasurer,s ~ffice. The .matter is laid over for the Clerk to obtain information as to the total~ ~aount of said tax and report to Council at its next meeting. GAS RATES: The City Attorney presented an opinion on the Question of the applt- ,ation of the Roanoke Gas Light Company to reduce rates on house heating.~ customers. The opinion is' filed. tlEP01{TS OF C0~.~.~ITTEES: ~ RESOLUTION CO'~.Z~TTEE: The resolution co~.'z~ittee coms>osed of ~..lessrs. James A. Bear ~nd J. :.. Comer, directed to preseu~ a resolution thank.tng.~ Honorable ~. p. Seifert ~ £or eQuiprr~eng in the mayor's office ~'dlich he presented to the City, reported as '~~S, Honorable S. P. Seifert, at his o%'~'n expense, equipped the ~.~.ayor's of- ~ice in the i,[unicipal Building, with the furniture and e~uipment necessary fo~ the ~se of the :.:ayor in a well appointed office, and .;',TLEREAS, upon his retiring from office on the 31st, day of August 1934, he dona- ed to the City of Roanoke the furniture and equip.ment in said office for the use of he future mayors of the City of Roanoke, and i~EREAS, it is the desire of the ,~ ' ~ounczl to express its appreciation to the Hon- orable S. P. Seifert for his generousity in donatir~g said furniture and equipment. THER~FORE, BE i~' RESO~V~ by the Council of the City of Roanoke that its ap- preciation -and thanks be, and is hereby tendered Honorable S. P. Seifert for his enerousity in d~nating to the City of Roanoke the office furniture and equipment for. h~ ~ use of future z.~_ayors of the ~' · ~zty of Roanoke. le S. ?. Sei fert. Llr. Bear moved to adopt the report. BE IT ~JR2~HER RESOLVED that a cop[.~ of this reso~uoion be transmitted to Honora- ~ The m~otion ~'~,as duly seconded mud agreed to. UNFINISHED BUSINESS: i:. S~L4~2 i~r.~: Council considered the offer of the i~2oore 2~:illing Company to purchase ;hank ~.ll. i.~. Bear' moved that the offer be rejected, and that the City ~2ane4~;er be :,! [irected to advertise the mill for sale. The bidders to present sealed bids on or i; ~efore 12 o'clock noon, Septmaber 17, 1934, each bid to be accompanied with a certi- ?ied check for $£00.00; terms to be one-third cash, _~_n_d the balance to be mutually ~greed upon. The City to reserve the right to reject any and all bids. The motion ~as duly seconded and agreed to. LYNCHBUBG AVENUE REQUEST TO~ PORTION: Relative to the re.2uest of the ]'~-ells Gas and 0il Company to be permitted to install two gasoline pumps in Lynchburg Ave- nure adjoining their property ;~'as again considered. The City Man~_ger suggests that the City lease, for a nominal consideration, the land vJanted by the Wells Gas and 0il Conrpany. On motion of i~r. Bear, duly seconded, t'he ~matter is referred to the City Attorney ~rith the request that he present an opinion on the Question of a lease for consideration and liability of the city in the event the lease is made. The following ordinance having been introduced, read and laid over ~'~'as taken up and again read: (~4~4~) AN 0[tDINANCE to amend and reordain Section 8, of an ordinance adopted by the Council of the City of Roanoke on the 18th, day of October 1929, No. 3585, entitled, "An Ordinance to regulate the licensing and operation of public vehicles, taxicabs and for hire cars on the streets of the City of Roanoke, Virginia" Mr. Morris Masinter representing the Virginia Taxicab Company aPl~ared and ob- i jected to an increase in the amount of the liability lx~licy or bond, stating ttm. t ~;: it would materially increase the cost to his company. ~Lr. Bear moved that the matt~ ~.; be refe;'red to the City :.:anagec for re!~ort and recommendation at the next meeting ~of Council. The motion ~as duly seconded and agreed to. ~ ?TH ~TREET S. E. ",ID'~I~ING: The matter of the request of the citizens to widen 7th Street S. ~;., between :':ontrose and Buena Vista ~veuues is laid over. AUDIT COST: .'.dr. Small presented the fo!lo~'ing resolution: RESOLVED, That the City ~ttorney, failing to reach an amicable agreement with the Commonwealth for :~articipation in one-half of the cost of recent audit of muni- cipal offices, be and is hereby directed to institute necessa~y legal steps for ju- dicial determination of its claim for a refund of the State's proportion of audit exp~ense, as provided for in Section 565a of the Code. :.ir. ~all moved to adopt the resolution. The motion was duly seconded and agreed to. Rear presented the following- "That I, as an elective officer of the City of Roanoke to be ~de by Council, agree as a cond~~; _~on precedent ~o the accept ,amce of such office or position to which ! may be elected or appointed, resign such office or appointment upon a reaolution of Council requesting sa~.e, even tho my term of office to which I ~?as elected or ap- z~ointed has not ex£~ired." Mr. Sear stated that every city officer except the City Attorney, Judge Jackson, t~.e terms contained in the statement. Judge Jackson reserved the righ had a~greed to ~ * ' to take exception and come before Council to present his case in the event of dis- satisfaction with his services. No one was asked to sign the statement. -~l','~i'F,~'~U~'~'-i-Ol'-: Ai,~D CO~..;SiDEP~ATiOH OF ORDINANCES '~Lr. ?owe!l introduced the fo!lowin~g ordinance: authorizing the .i[ayor and City Clerk to execute and deliver a dee,~ of trust on the tract of land purchased from the estate of~..' ~.'. Ca~naday, :.~eceased, to secure the s~.~..._ of $70,00.0.00 ~yab!e in ten annual pavements of $7,00G.0~ .each, to beer interest at the rate of o~- percent, to be in lieu of an substitution ~for the deed of trust and bonds executed for the ~urchase of said tract of land. Said bonds bea2{r~._ interest at the rate of ~J~e p~.~2cent. ( For full text of Ordinance see Ordinance Book i'~o. 8, page 15g). The ordinance ~as read and laid over. l~r. Bear introduced the fol!o~,gng resolution- (~5~1 A R£SOLU~ii0N to authorize the creation of a Purchasing Department . for th~ ~iCity of Roanoke and for the public free ~chool system of the City of Roanoke, and providing for the appointment of a Purche.~ing Agent by Council of the City of Roanok~ prescribing his powers, duties and salary, etc. ,!i ( For full text of Resolution see Ordinance Book ~11 o. 8 , page 160) . i~ Mr Bear moved that the second reading of the resolution be dispensed with The motion ~','as duly seconded and agreed to by the following vote: r AYES: Messrs. Bear, NAYS: None ...... 0. COmer, Powell, Winn and the President, ~&r. Small --5. Thereupon, i.~r. Winn moved to adopt the resolution. The motion was duly second, ed and the resolution adopted by the followt~ vote: AYES: Messrs. Bear, Comer, Po~'~ell, Winn and the President, i~r. ~aall--O. NAYS: None 0. i.:0TIONS AI~D LLISCELLAI~EOUS ~USINESo: L~LA_Gb~E 0F VIHGINIA L~JNiCIPALITIES: The City Clerk called attention of Council to the ,~etinC of the League of Virgini~ :.~unicipalities to be held in Staunton, Virginia, the 19th and 20th of September. The L~atter is laid over. ELECTION OF OFFICERS: The president stated that the election of officers re- quired by the charter ~Jas next in order. He called for nominations for the office of City Manager. ~r. goner ~laced in nomination LLr. W. P. i{unter as City Manager to serve at the pleasure of Com~cil. The nomination was duly seconded ~? :Lr Winn There being no further nominations L~r. ~. P. Hunter was elected City Manager to serve at the pleasure of Council by the following vote; AYES: Messrs. Comer, Po~.'~ell, Winn and the President, !.lt. Small --4. Bear --- CI'i"~ CLEYd~: The p_~-esident c~!led for nominations for City Clerk· LZr. Bear placed in nomination Lit. L. D. James as City Clerk for the term of t~?o years from the 1st day of October 19~4, v:hich was du!.,~ seconded by. :.~r. Small, end there being~ no further nominations :.:r James ~';as elected C'~- · - ~/ Clerk for the te~ of two years from the 1st day of October 19Z4, by the follovring vote: AT~o: L~essrs. Bear, Come~', Po%~.~e!l, ,.z.n and the :resident, Lit. Small --5. NAYS: None O. CITer AUDITOR: The president called for nor~inations fo~· City Auditor. ~laced mn nomination n. ~. Yates as City Auditor for the term of two years from the ~i 1st day of October 195~, which was duly seconded by Ltr. Bear s~d there being no fur- ther n~ominations H. R. Yates was elected City Auditor for the term of two years from the 1st day of October 19J&, by the followin~:j vote: lLr. Smal!~ AYES: Messrs. Bear, Comer, Pov.~ell, ~/inn and the president, L~. S~sll --5. N~i. YS: None O. CITY ~TTO ~' E%f ~:~ : The president cm~led for' nmM. rmtions for CiW Attorney. i~. Comer :laced in nomination R. C. Jackson as City Attorney for the term of tx;o years from tho 1st day of October 197~-_, which was duly seconded by .'..~. Win. n, and there being no further nominations R. C. Jackson was elected City Attorney for the term of two rears from the 1st day of ¢ctober 1934, by the following vote: AY2S: Messrs. Comer, Powell ~nd Winn i,~",'o: Eessrs. Bear and the President, L~. Small --2. City'IL A~ POLICE JUSTICE: The president called for nominations for Civil and i-'olice Justice. :.2r. Po,aell placed in nomination Z. S. Birchfield for Civil and ~Police ustice for the term of two years from the 1st day of October 1934, which was duly ~econded by :.2. Bear, and there being no further nominations H. S. Birchfield vms ~lected Civil and Police Justice for the term of t~.vo years from the !st day of 0cto- er 1934, by the following vote: AYES: Liessrs. Bear, Comer, Powell, Winn and the President, LLr. Small--5. h~aYS: ~one ......... 0. S? '$8 PURGHASING AG~IT: The president called for nominations for i~urchasing Agent. Comer nominated P. H. Tucker, ?urchasing Agent, to serve at the pleasure of Council, which was duly seconded by ~.Ir. ~'inn and there beinc no further nominations t'. H. Tucker was elected Purchasil~ Agent to serve at the pleasua'e of Council by th~ fo!!o~i ng vote AYe: idessrs. Bear, Comer, ¥owell, ','inn and the president, ;.~.r. Small --5. None ......... 0. There being no further business, Council adjourned. APDRCVED A~T~oT: Cle~ Pre s id ent COUNCIL, REGULAR MEETING, Friday, September 14, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room in the ~,~unicipal Building ~'riday, September 14, 19~, at 3 o'clock p. m. PRES~.iT: Messrs. Bear, Comer, Po~oll, ~/inn and the President, L[r. Sm~ll --5. ABSE~iT: None ..... O. The President, 1,,~". ~ma. ll, presiding. OFFICERS PRE$~T: W. P. Hunter, City l!anager. ~.~~.~: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the ~_~inutes approved as recorded. PETITIOH& ~ND C 0~Uu~ICATIONS: STORM DRAIN: Mr. H. J. Solo~n presented a petition aski~ that the storm drain East of gth Street to 10th Street, lying between Lioorman Road and Fairfax Avenue be covered, also that a drain be constructed starting at 24th Street, down Orange Avenue through Lynchburg ~venue and through ~Jashington ]~ark to the creek to take care of th.~ storm water in that drainage area. The petition is referred to the City l. ianager for investigation and report. The City idanager is also directed to report on the dam in the stream between 9th and 19th .Streets. FREE ~JILK FbT~D: ~,!rs. U. F. Ge~heimer of the Parent Teacher Association introduc- ed L~rs. Womack who brought to the attention of Council tlm necessity for some action by the City relating to financing the free milk fund. Mrs. Wo~_ck stated that formerly the milk has been financed by the Community Fund and since the abandomaent of the Community Fund thence are no means provided for furnishing milk. She asks that Council at some time meet the commlttee ~vith the idea in view o~' working out a plan for the continuation of the free milk fund. ~rs. ~'omack filed a statem~ent showimg the opera- tion of the milk fund. G00D¥~ILL INDUSTRY AND GOSPEL i,~SSION: ~.ir. S. L. Thow~s of the Goodwill Industryi ~aud Gospel ~&ission presented a communication asking that the City appropriate $3,000.00 to be pain in labor from those who are on the charity list and supported the city; that the Goodwill Industry and Gospel Mission would furnish the e~mploy- ment. ~'. T. C. Rohrbaugh, Director of the Social Service Bureau, v~as requested to '~ appear before Council in connection with the request. I:Lr. Rohrbaugh appeared ~nd ~! after soma discussion l. J2. Bear moved that the president of Council constitute himself a commlttee of one for a conference with ~iessrs. Thomas and Rohrbaugh. The presi- dent fixed the time for the conference at l0 o,clock a. m., Rionday, September 17th, in the office of the City M~_~ger, and the City Manager is requested to be present. DRAINAGE: .Mr. Chas. L. S~ein who resides at g~ - ~-Street S. E., brought to the attention of Council the storm ~ater dra~_n~ge, ~nd stated that his property had bean damaged to a considerable extent and asks that the City reimburse him for such leas. ~he City ~ma~er is directed to investigate and report the condition at the ~next meeting of Council. 4'0 MORRILL AVENUE BET~ 8T~ AND of citizens 19th Street. for work of this nature, but that made up. The same is referred to '~ CROSS-OVER: The application of J. H. Carter at 416 - 5th Avenue N. ¥i., was read and referred act. 9TH STREETS: Mrs. Lottie ~rose and a committee appeared and asked that Council take action to open Morrill Avenue into The president stated that there were no funds available at this time the matter would be considered when the budget is the City Mans~er for report. for permit to construct a cross-ov~ to the City Manager with power to REFUND OF TAXES ldR. C. V. PINIQARD: The applic ati on of 330.00, money paid to J. H. l~antz, formor Treasu~e.~, of C. V. Pinkard for refund to apply on his 1931 taxes was presented, and it appearing that :.Er. Pinkard has paid the 1931 tax in full, to- gether with interest and cost, he is entitled to a refund of the money paid L~. Frant lir. Bear moved that the refund be made and offered the following., resolution: (~4347) A ~RESOLUTiON directing the City Clerk and Auditor to draw a warrant to C. V. Pinkard for ~30.00 to refund amount paid on account of 1931 taxes. ( For full text of Resolution see Ordinance Book No. 8, Page ). lit. Bear moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: i.~essrs Bear, Comer, Powell, Winn and the President, ,~r. Small--5. NAYS: None ...... 0. C0,',[.10~;'EAL~4 ATTORNA~ff: The Clerk brought to the attention of Council a letter from E. R. Comb~, Chairman of the Compensation Board, advising Council that its reined in connection with the fixing of the compensation for the Commonwealth Attorney and his assistant is to appeal to the Corporation Court of Roanoke City under Section 12, of The Compensation Act. Mm. Bear introduced the following resolution: City Council has, after due consideration, declined to comply with a recent order of the S~ate Compensation .Board, directing said City Council of the Cit~] of Roanoke to approprmate certain stuns of money to defray the expenses of an assis- tant to the Commonwealth Attorney for the Cmty- of .Roanoke, stating as a reason there- for that there %'~as no warrant of law for such an appointment as assistant to the Com- monwealth Attorney for the City of Roanoke, and ~,ITERW'EAS, this Council having given due weight to the fact that the Honorable C. ....'"~ Cuddy has been rendering a certain service to the Honorable Robert S. Smith, Commonwealth Attorney for the City of Roanoke, and said Co~ncil not desiring to work an undue hardship or take hasty action in this matter to the detriment of the Honora- ble:~ C. E. Cuddy, did by resolution passed at a regular meeting of this Council on th~ 2?th, day of August 1934, with becoming generosity, as they thought, directed pay- ment~ to be made to the Honorable C. E. Cuddy out of the Treasury of the City of Roanoke, the sum of $295.82, as and for full compensation for such services as the said~ Honorable C. E. Cuddy rendered to the Honorable Robert S. Smith, Commonwealth Attorney.~ for the City of Roanoke, for a period, of t~m~ durinlg ~h.ich th~s question eas:~ before Council undisposed of, to-wit: from July 1, 193~ to August 31, 193~, and ~ %:;HEREAS, the Honorable C. E. Cuddy, after having duly considered the same, de- clined to accept and/or to receive the same in full settlement or disch~_rge of ar~r ~.and all sums or amounts alleged to be due him as the assistant to the Honorable Robert S. Smith, Commonwealth Attorney for the City of Roanoke. NOW TH~tEFO~, BE IT RESOLED that a certatn voucher drawn by the City of Roanoke in favor of the tionorable for the sum of $295.82 for services, etc., and the same is hereby declared void, and in the possession of P. H. Tucker, City Clerk and Auditor, Auditor, is hereby directed to cancel said voucher at once C. E. Cuddy dated on the 29th, day of August 1934, as set out in the preamble herein above be~ it appearing that the said voucher is now the said City Cl~rk and and to promptly return same into the Treasury of the City of Roanoke to the credit of the proper account, and report his action in this respect to Council at its next meeting, and FURTPFER BE IT RESOLVED that a copy of this order be placed in the possession of Honorable C. E. Cuddy and a copy promptly transmitted to the Honorable E. R. Combs, Chairman of the State Compensation Board, Richmond, Virginia. Bear moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: i0.[essrs. Bear, Povle!l, 'Jinn and the President, i.~r. S~nall --4. NAYS: i&r. Co-er i:M. Comer presented the follovling statmuent in explanation of his vote: "Sept ember To the Council: I desire to make the follov~ing statement with reference to the agreement enter- ed into last December with our four Constitutional officers. Council agreed that in the event these officers r, ould accept a voluntary cut of ?~% for themselves and their employees, they ~'~ould be protected against any fur- .that cuts that might be ,made by the Legislature or the Governor for the year 1934. As I am the only member of Council at this time having anything to do with this agreement and due to the situation that has arisen in the office of Commonwealth Attorney, I am presenting this statement. Res_De ctfully submitted, ( Signed ) J. ,J. Comer, GRANDIN O0URT CIVIC BETTEPJ~I~ CLUB: A commtuuication from the Grandin Court Civic Betterment Club asking for the completion of Route No. 221 through Greenbrier Avenue was read. Mr. Com~r moved t_hat the c ormaunication be filed. IiATER C0~'~PAI~: Communication from LLr. J. T. Wood relative to the Water Comp_any ~'~as read, and on motion of Lir. Comer referred to the City Attorney. :' FAMILY ',JEL. FARE SOCIETY: Report of the Family Welfare Society for the month of August was read and filed. BILL FOR AUDIT: of T. Coleman Andrews & Company amounting to $1,340.00 'Ion account of se~-ices rendered from July 1st to August 31st, 1934 was presented. Mr. Comer moved tbst the City Clerk take up with Mr. T. Coleman Andrews the matter of inaccuracies appearing in Schedule ~9 in his report, and request him to straighten out the exhibit relating to the Sinking Fund before the bill is paid. The motion was duly seconded by l~r. Powell and agreed to. R~0RTS OF OFFICERS: . REPORT OF THE CITY MANAGER: ~NSURANCE ON TAXICABS AND CARS FOR HIRE: ~he City - ~:~*-~o~ presented a report relating to the insurance on taxicabs and cars for hire advising Council that it is unla~fu! for any agent to solicit insurance business for a company that is not au- thorized to do business in this State. i-.ir. Bear moved that the City Attorney be re- quested to present an opinion to Council on the question of what action can be taken to compel companies authorized to do business in the State of Virginia to ~rite policies for those applying to them for such insurance and that he discuss the mat- ter with the State Corporation Commission. The motion was duly seconded and agreed tO. The City i,~anager presented a report of work accomplished and expenditures for week ending September 6, 1934. The same is fi led. FINANCIAL ~TATE.'~ENT: The City Clerk presented a statement of the financial condition of the City as of September 1, 193~. The sense is filed. PUBLIC SERVICE CORPORATI01IS: The City Clerk presented to Council the reports of the State Corporation Commlssion of the asses~ent of the Public Utilities Corn- panies. The matter is laid over until the next meeting of Council. TAX RE~J~D: The application of .~Lrs. Fannie E. Burchfield I'o~' refund of $21~.1~ paid on account of 1931 taxes to J. ii. Frantz, former Treasurer. L~r. Comer moved that the amount of ~213.19 be aD_plied to the pa3~nent of ~he taxes for 1931, or, if paid by L~ors. Fannie Burchfield, that the said anount be refunded her. The ~otion v:as duly seconded and agreed to. R.~.ZP01~TS OF COI.U.[ITTEES: None. COLL[ITTEE .~PPOIN~[,iENTS: The president apDointed the following committees: AIRP0~ C01~R,~ITT~. IZessrs. James A. Bear, J. ~. Comer and W. P. Hunter, 'JELFARE COL££ITT~ZE: Idessrs. Js.mes .~.. Bear, J. U. Comer and H. S. Uinn, " '? Po~ell, . AUDIT C01£.LITTEE:L~essrs. ,. ,... J. . Co~er and Ja~es A. Bear. SOCIJ~b SERVICE BOARD: i.~r. Bear moved that the whole Council, together with the City L~anager, be designated to serve as menbers of the Social Service Board. The ~otion ~'~'as duly seconded and agreed to. AIKtPORT C0~ITTEE: kit. Ja~es A. Bear from the Airport Comnnittee made a verbal report advising Council that the committee had organized and had obtained informs- tion from ~'~Lr. W. K. Andrews relating to the contract for the lease of the Airport. .U.r. Bear also presented a letter fron L~essrs. Lemon and Heynolds. The Clerk is dj- recked to reply to the communication from i..lessrs. Lemon and Reynolds advising them that specifications will be prepared for a contract of lease of the Airport and seal- ed bids will be asked on such specifications, and until such time as the specifics- tions are prepared and bids asked for there can be no action taken. L~FINISH~.D BUSINESS: The following ordinance having been introduced, read and laid over ~as taken up and again read: (~4343) ~N 0RDIN~NCE to amend and reordain Section 8, of an ordinance adopted by the Council of the City of Roanoke on the 18tiL, day of October 1929, No. 3585, eh- titled, "An Ordinance to regulate the licensing aud oDeration of public vehicles, ? and for him cars in the streets of the City of Roanoke, Virginia." ta~ The ordinance is laid over. The follo-¢~ing ordinance having been introduced, read and laid over ~as taken up and again read: (~4~40) ~i,I 0RDiN~CE authorizing the ~.,~ayor and City Clerk to execute and de- liver a deed of trust on the tract of land purchased from the estate of A. 'A. Cauna- day, deceased, to secure the sum of $70,000.00, payable in ten annuo! payments of :i $?,000.00 each, to bear interest at the rate of 5~s percent, to be in lieu of and substitution for the deed of trust and bonds executed for the purchase of said tract of land. Said bonds bearing~ interest at the rate of 4-~- percent. ? ~cabs ( For full tezt of ordinance see Ordinance Book No. 8, page /~_~). ~. Fowell moved to adopt the ordinance. The motion was duly seconded and the ordinance adopted by the following vote: AYES: Messrs. Bear, NAYS: None ..... O. Co~er, Powell, ~inn and the President, ~.tr. Small --5. LEAGUE OF VIRGINIA MUNICIPi~LITIES: Attention of Council was called to the meet-~' ing of the League of Virginia ~,lunicipalities at Sta,mton, Virginia, on September. 19th and BOth. The members of Council were appointed as delegates at the meeting, and the City Manager is authorized to advise the Secretary of the League of pointme nt. such ap~ LYNCHBURG A~E!m[UE REQUEST TO USE PORTION: In the ~tter of the request of the ~'ells Gas & 0il Company to use a portion of Lynchburg Avenue. The City Attorney pre, sented an opinion advising Co,mucil that it has no power to grant the request. The matter is laid over. CCNSIDERATION OF CLAIL~: None. INTR0'DUCTION ~D COL~IDE~TION 0F 0RDIN~d~C~S ~. Bear introduced th~ follow~ resolution: ;,t!EREAS, Council desires certain information concerning any and all objections to transferring all work done by the Clerk of the Hustings Court for the City of Roanoke, Virginia, and the Treasurer of the City of Roanoke, Virginia, in collection of State Poll Taxes, and the preparation of the Voting List or Poll Tax Book, re- quired by law,. to the Central Registrar of the City of Roanoke. NOW, THEREFORE,BE IT RESOLVED that the City Solicitor be and he hereby is direct- ed exPediciously to advise Council in a written communication ( one copy for each '~ member of Council) any and all alleged legal or statutory objections to transferring said work aforesaid from the Clerk of the Court and the Treasurer of the City of Roanoke to the Central Registrar as aforesaid. Bear moved to adopt the resolution. The motion ~'~as duly seconded and the resolution adopted by the following vote: AYES: ~e~srs Bear, Comer, Powell, l~inn and the ~resident, Mr. Small--5. NAYS: None ........ 0. ~.,Lr. Bear introduced the following resolution: WTtEREAS, at a previous meeting of Council, the Legal Department of this City wzs directed to promptly institute condemnatic~ proceedings against }irs. Mary E. Bondurant, seeking to condemn certain land for the widenin~ of Franklin Road at a ~oint South of Roanoke River, and ;'~HEREAS, said proceedings have not been instituted. THEREFORE, BE IT RESOLVED that the City Solicitor be, and he is hereby directed to at once institute such condem~ation proceedings and carry same to a prompt con- oClUsion and the said City Solicitor shall report his progress at the next meeting f City Council. LLr. Bear moved to adopt the resolution. The motion was duly seconded and agreed to by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President, Mr. Small --5. NAYS: None ....... 0. I~5r. Powell introduced the following resolution: (#4348~ A RESOLUTION to require the Issuing Justice to collect such fees as the" glerk of .the Court may be entitled to for' filing ~arrants ~hen same are returned to ~ the Clerk's office. ( For full text of Resolution see Ordinance Mr. Bear moved to adopt the resolution. Winn, and adopted by the AYES: i, Iessrs. Bear, NAYS: None ...... 0. Mr. Powell introduced (~4549) A RESOLUTION following vote: Comer, the following requesting the Book No. 8, Page ~). The motion was duly seconded by Mr. Powell, Winn and the President, ~,~r. Small --5. reso lut ion: Clerk of the Court to pay into the City Treasury certain moneys paid the Issuing Justice for collecting certain fees. ~HEREAS, the Clerk of the Court, under an agreement made with the Issuing Justice, agreed to pay five cents per warrant for collecting the fees to which he entitled for filin~ such warrants when they are returned to the Clerk's office, and WHF~REAS, it is provided by Chapter 302 of the Acts of the General Assembly of Virginia of 19~E, that ell fees of every kind ~r character received by the officers named in said Ac~ shall be paid into the City Treasury by each of said officers, which said Act took effect as of January 1, 19~, and :d~EAS, since the taking~ effect of said Act the Clerk of the Court has paid to said Issuing Justice for the year 193J on ~,8~8 warre__uts the stun of ~191.40, and for the year 1954, up to and including August 19J&, the sum of ~125.45, and '~.HER£AS, said ~oney should have been retained by said Clerk and paid into the City Treasury as provided by the ~ct above referred to. T~!~FORE, BE IT RESOLV'~D by the Council of the City of Roanoke that the Clerk of the Court be, and he is hereby requested to pay into the City Treasury the sum of ~191.40, the amount allowed the Issuing Justice for the year 19~, and $1~5.~5, the arount allowed the Issuing Justice for 1934, up to and including August 193~. The resolution received no second. L~0T~0NS .'~i'~ LLI SCE;,~,~EOUS BUSINESS: P~SV-~_~ .~'~01.1LITTEE: Mr. Bear brought to the attention of Council the appointment of a co~',.~uittee to consider the Fire and Po~ce Pensions. The resolution appointing the committee provides that t~o citizens be ~elected to act with the committee from Co'oncil. L~. Bear suggests the names of L'Lr. Charles A. E~cConaghy and ~:~r~*. J. C. Snavely as members of the committee. Messrs. LicConaghy ~d Snavely were appointed to act with the conm~.ittee from Co'om~cil. 0RD/i,~C~ CHEATING PURCHASING AGENT: ~Lr. Comer moved that Ordinance No. creating the office of Purchasing Agent be referred to the City Attorney for considera- tion and report. The motion ~'as duly seconded by i/~. Powell and rejected by the fol-/ lo~n~ vote: AYES: i,lessrs. Comer and Powell ---2. ~[AYS: Messrs. Bear, '~inn and the President, i.hr. ~mall --~. REC~TION DEPART"~I~f: ~. K. Ijark Cowe~, Director of the Recreation Department. appeared before Council and was asked about the -~9~nner of handling the receipts of ~,his department. L~r. Cowen stated to Couucil his method of handling and keeping his receipts. The President appointed a committee consisting of Mr. Winn and ~r. Bear to confer with I..~. Cowen and report a better system of collecting and handling the ~receipts fr~m the department. SHAI~[ MILL BID: Council fixed Monday, September 17th, open the bids on Shank .~ll. at 4 o'clock p. m., to SHAI, IK ~LL iNSUP~NCE: The City tJanager reported that the companies paying the insurance on Shank Mill had offered matter is laid over. $18,751.10 in full settl~n~t of the loss. The BETTER HOUSING: The City ~.~anager brought to the attention of Council the reQue s t of ~&r. P. T. Jamisom of the Better Housing Division that Mr. T. C. Rohrbaugh be per-! mitred to act in an advisory capacity in the campaign to be conducted. The City I,,~mager was requested to say to Zr. Ja~ison that it is impossible to spare I,~. Rohr-I baugh from his present work, and that it might be possible to get the Building and ~.oan Association to suggest a person for the position. LIABILITY INSU~E~ICE ON TRUCKS: The City Man~ger brought to tt~e attention of :ouncil the liability on trucks for the fire and police departments and asked for Lnstructions as to carrying the insurance. The matter is laid over until ~.~onday, ;ept e~.uber 17th. There being no 2Grther business, Council adjourned. APPROVED .45 ATTEST: - - -z_-.- ~_ -:.,~._.<' _ ,- Clerk Pr es i dent 46 COUNCIL, SP~IAL MEETING, Monday, September 17, 1934. The Council of the City of Rosnoke met in Special Meeting in the Council !Room in the Municipal Building Monday, September 17, 1934, at 3 o'clock p. m. : PRESET: Messrs. Bear, Comer, PoY~ell, ,~inn and the President, i..'.r. Small --5. ABSEh~: None ..... 0. The President, L~r. Small, presiding. 0FF!C~JPJ PRESENT: W. P. Hunter, City Manager. OBJECT OF ~HE MEETING: The president stated that the object of the meeting was to consider the bids for the Shank Mill and such other matters that might come be- fore the meeting. INSURAi~CE ON TRUCKS: Mr. Comer moved that the city i~.lanager award the insurance on the city trucks including 32 light trucks, 7 medium trucks, and one wrecker to the L:utual Insurance Under~,Titers, Agents for the J~nerican Motorists Insurance Corn- pany at the bid of $1,665.20, less a return premium of 2~ or net $1,332.16. The motion %';as duly seconded by i.~r. ;;inn and agreed to by the follo~,'ing vote: AYe: L2essrs. Bear, Comer, Powell, 'Jinn and the President, t:~r. ~mall--5. i~IAYS: None .... 0. ~IRGiNIA i.~SEL/I OF N:~Ui{J~L HISTORY_: A petition from the Virginia Museum of Natural History asking that the City make an appropriation for the conduct of the museum was read and the Clerk instructed to %Tite Mr. TM ,,. Ryland l--iartin, the Secreta~ and Treasurer, that there are no funds available for this purpose. GOODWILL INDUSTRY :~ GOSP'~.~ LZKSS!0N. The President, l.;r Small, stated the re- sult of the conference with Mr. S. L. Thonms, Superintendent of the Goodwill Indus- try and Gospel i~-iission, T. C. Rohrbaugh, Director of the Social Service Bureau and .'.~r. iqunter, and suggested that the City i2anager be empowered to employ a relief worker at a salary of $80.00 per month to investigate and re3ort on relief cases. 5Ir. Bear offered the follow, lng resolution: (#4350) A RESOLUTION authorizing the City Manager to employ a Relief Worker and fixing the salary. BE IT RESOLVED by the Council of the City of Roanoke that thru City I,[anager be, and he is hereby directed to employ a Relief Worker at a salary not to exceed $80.00 per month, beginning October l, 1934, for the purpose of supervising the direct Relief appropriation of the City, snd said Relief Worker is enpowered, upon the ap- ,proval of the City Manager, to withdraw direct relief to those capable of performing light work who are certified to the Goodwill Industry and Gospel I.,~ission and decline to work. The salary, of said Relief Worker shall be charged to the accommt of the Social Service Bureau. :~ .Mr. Bear moved to adopt the reso!utin~_~_. The motion was duly seconded by Powell and adopted by the following vote: ~YES: Liessrs. Bear, Comer, Po~ell, Winn and the President, LLr. Small --5. NAYS: None .... 0. TAX ASSESSL~ENTS: A communication from Judge John L~. Hart, Corn_missioner of Re- venue, advising Council that there are approximately 6,800 names of persons who ap- ~ pear by the 1933 Directory to be residents of the City of Roanoke, but failed to fils Personal property amd income tax returns for 1934, and states he proposes to write ;! a letter to these persons with the idea in view of getting their returns or elimtnat- ing them from the list, and is asking whether or not he appropriation $300.00 for this purpose. may include in his 19Z5 budget Comer moved that the Con,missioner of Revenue be authorized to v~ite the Letters and that tile cost thee'eof be included seconded and agreed to. in the 19~5 budget. The motion was duly SH,~%' MILL: It appearing that the City l.!anager advertised for bids for the sale )f Shank Mill and bids were presented fro.~ B. l.:. Phelps and the Loore L:illing Company. ~fter a discussion, the Council decided to accept the bid of the :.ioore Milling uom- Pany. The deed to the Lioore Milling Company to contain certain reservations Se approved by Council. The City Attorney is directed to draw the proper resolution ~or presentation to Council at its meeting on Friday, September 21st. AGRICULTURAL FAIR: The President, !..Jr. Snail, brought to the attention of Council ~he Fair now bein%z conducted in the City of Roanoke and the ~9__tter of license for the ~musements and shows on the Fair Ground. The City Attorney stated that under the ;tatutes the City was prohibited from charging any license for any of the shows or )ther concessions conducted inside of the Fair GrouBds during the holding of the ~ricultural Fair. Iic lo the attention of Council the resolution offered by lit. Bear at the meeting on riday, September l~th, d~ecting the City Solicitor to iastitute conder~x~.ation pro- eedings to acquire land from I~irs. Mary E. Bondurant for the purpose of widening l~ranklin Road at a point South of Roanoke River. J'udge Jackson :','as present and stat- ~d that the condemnation proceedings had already been instituted ar~.d are now pending. The motion was duly seconded ~ The matter is referred to the City Manager to ascertain Just ~hat ense may be charged the operators of the various amusements for report on Friday. C0~PD~J~IATION PROCEFDIN~S ~-,~RY E. BONDb_-~E.~: The President, Mr. Small, brought .Mr. Small moved that the resolution be repealed. ~nd agreed to. INSURANCE 0N SHANK I. IILL: The City Manager brought to the attention of Council :he offer of the Irksurance Comi::~mies to settle the loss of the Shank Mill at $18,701.10, ~r. Comer moved that the City Manager be authorized to .~_.ke the settlement at the ['igure offered. Mr. Comer offered the following resolution: (~301) A I:~SOLUTiON authorizing the City ~anager to settle ,ri th the Insurance lompanies for loss of Shank Mill. BE IT P,_ESOLVED by the cOuncil of the City of Roanoke that the City Manager be, tnd he is hereby authorized to settle l~he loss on Shank Mill with the Insurance ~ompan-les for the sum of $18,7~1.10, the amount offered by said companies. .~. Comer moved to adopt the resolution. The motion ~ms duly seconded and the 'esolution adopted by the following vote: AYES: M~ssrs. Bear, Comer, PoEell, Winn and the President, lLr. Small--5. NAYS: None .... 0. There being no further business, Council adjourned. ATTEST:~--- A P P R 0 V E D Clerk Pres ident :4.8 COUNCIL, REGUI~R MEETING, Friday, Sept ember 21, 193~. The Council of the City of '~ . .,oanoke net in regular meeting in the Council Room !in tile Municipal Building Friday, Septer~ber 21, 1934, at 3 o'clock p. m. PRESEHT: Messrs. Bear, Joiner, Fo%'tell, :,'inn and the President, t.tr. Small --5. ABS~.~: None -- 0. The President, .~.~. Small, presiding. ~ ~'~ ~ ~-'~"'~'~' " P Hunter, 0,' ~, I~,',,RS , City" lJI~JTE5: Tt ai~pe~'ir~g that a co~.~y of the nLinutes of t~ previous meeting has been ~nished each m~u~r of Co~cil, u'ion motion, duly seconded, the ~adi~ is dispensed ~'ith ~d the minutes app~ved as recorded. ~,a-~ 0~., DY~: D~. C~s. D. Fox, Jr., presented a Detztion fron the '.qo~oke D~~ Cleaners' Club ~skins that Section 51 of the License Tax Ordi- n~ce im?osi~ ~ license t~x on each person, f~m or ~rporation conductinz a b~i- ness of_ ~ .~.eing est ablis~n~eut be ~ended so as to ex~t those T~ho have ~aid the licens~ under gection 29 for clem~i~ m~d Dressing from tke !~ent of the tax i~ui~os- ed mu!er goctlon 51 fo~'. conductin~ a dyeimj business, i~r..Bear ~oved that the matte~ be referred to .... ~ ~ ,nc ,~_t~. Attorney to dra~'~ ~ ordinance to cover the request. The ~o- t~on ~'~as duly seconded and ~greed to. ~,~o: i.lr. L. Welch appeared ~d aske~ _ ~ .... '-~,,~,*~=~t of !Sth Street between !,Ielrose mud i~[oo~ Aw- that Comuci] autho~ze thc _~.. hUeS, sta:i~; ~,,~:~ the condition is ~ch t~a~ it is almost im~ssable. The p~si- dent stated to i.~. ~'felch that there are no funds for per~nent Lmprovement of the street at this tir~. The mmtter is referred to the City Ida~ger ~ gr~t ten~porary relief. ~diSTICE DaY: I~. Carleton Pe~, Charon of the Patriotic Affairs Co~ttee, ~ope~ed ~d ~s~:ed that Com~cil authorize the pa~ent to his co~ttee of ,~100.00 carried in the budget for ;~mJstice day. ~. Comer moved that the City C~rk and Auditor be directed to draw a ~r~t to !~. C~leton Penn, Chai~ of the Patriotic Affairs Co, tree, for ~lO0.00 on account of the celebration of ~stice day. The motion was duly seconded ~d agreed to. V~ZP~S' HOSPiTaL: The git'- i.[~ager brought to the attention of Cotmcil the necessity for erectin~.d a revie~i~ stand at the Veterans' Hospital on the occasion of the visit of the President of the United States, and stated that ~1,500.00 ~d .... ~' -~ but that the C~t~' ~-~ould been a!loo~ed out of ~'~= - · ~I ~n~.s for this mu~:,ose, _ be re?~ired~=~ to t~:e c~e of the inj~y to a ~mr~n under t~.~ Wor~en's Comioen sat ion Act i.~. Corn_er ~oved ~'~ ~'~ ' '~' . o~t .~.~ Czty ~,m~acer be authorized to sign the work ~roject, and to ass'~e th~ h'or~en,s ConDensation liability. The ~aotion ~'~as duly seconded agreed to. ~,,oz~,,~ ,¢~.,~: ~. ~uel T. ~aodes presented a petition protesti~ :the ]ocatio'~ of ~ Tr~sient Home in the four hund=ea block on C~pbe!! ~venue 3 The petition is referred to the City Mmuager u'ith the request timt he obtain i~o~- ~zon as to the location of the Transient Ho~ ~d report to Council. LLr. Bear moved that a copy of the petition be tranm-uttted to Lit. i.L S. Burchard who is in charge of transients in the State ed and agreed to. Ell AT'%~ ~,~,~ i.[~LL: A bill of $550.00 was presented by of Virginia. The motion was duly secon~- Fowlkes & Kefauver for commi ss Dons on the sale of Shank Mill property to the i.~oore Milliraz Company. It appearing that the property was never listed m~th a real estate agent, the bill is rejected, as there is no legal responsibility to pay the same. AUDIT T. COL~N ANDREWS & C0i.~Ai~£: A communication from T. Coleman Andrews ii& Company with reference to ~chedule ~9 in their report of July 2~th of allocating and Auditor ~_n an effort tof Lir. Andrews is requested to confer vdth the City Clerk adjust the matter. I.~. Comer moved that the bill of T. Coleman ~_udrews & Company for $1,~40.00 be paid. and agreed to. The motion was duly seconded ROAi.101~ GAS LIGHT C01.~PANY: The auolication of the _~oan '- ~ ._ o~e Gas Light ~ompany for pe~ait to install a 2 inch gas main on Highland Avenue S. v from llth Street East 100 feet to a dead end was presented, l.Lr. Comer moved to grant the permit and offered the following resolution: (~353) A R~SOLUi[0I.I grantin~g a permit to the Roanoke Gas Light Company to install a certain gas r~in. ( For full text of Resolution see Ordinance Book No. 8, page ~). i2r. Comer moved to adopt the resolution. The L~otion was duly seconded and the resolution adopted by the following vote: . · ~ '~ Powell ~Jinn and the President, ~_Jr. ~a~l--5. ~.~ES: ' [es sr s B e al~ , ~ o~ne r, , _ None -0. oP~Ci~L POLICE ~'~ '~ ~ ' 0~'~R: A comunication from l~r. J, Early St. Clair, Chairman, Code Authority Co~maittee, Coal Dealers, asking that R. W. iditchell be a~ointed as special po~ce officer was read. L~. Co~er moved that the ~tter be referred to theCity Manger, and that he t~e with the up City Attorney the e~estion of the e~ent of the authority of a special police officer appointed ~der the con~tions n~ed in i~. St. Clair's letter. The notion was duly seconded ~d agreed to. CRESC~iT oTRL~.~ VIi, LA HEIGHTo: ~ petition as~.~ng for the improve~o~ent of Cres- ~ = ~ ' ~ ~or~. Avenue ~ud l.lassachusetts _-~venue ~'~as pre- e~.t otlee~, Villa ~ieights, betwee~ l{ew ~; ~ ented. The Clerk is directed to infor~:~ the petitioners that there is no ~aoney a- ~ailable at this time for permanent improvements of the street. The petition is re- ~erred to the City Liana~er to make such temporary repairs as h~ deems necessa~~. The City Clerk presented to Council notice from R. S. ~mith, CoN~onwealth's Attorney, of his application to the Hustings Court on the 2nd, lay of October 1954, to hear a petition whereby an ~opeal is taken from the award ~f the Compensation Board in the ~N~tter of the compensation for the Co~monm-ealth,s ~ttorney. The notice is referred to the City Attorney. Ci~£ :~*~':" ~'~ '-~ ~~ERS' ~aSOCIATi0N: The City Clerk brought to the attention of Cotmcil ~_otice of the meetin~j of the City ~ ~ ~0~anaEer's Association in St. Louis on October 10th md ITth. The ss~e is referred to the City i.~anager. .! · ~o±0h C0~,:,.J~'T~.~.. The .~le~_~ oz~ugh~ to tbs attention of Council the acceptance ~f "-~. C. ~.. L~cConaghy ~ud l~r. J. C. Snavely as man. bets of the Pension Co~K~ittee. i'.2RS. V. FAW~'!'~'m. = co:~uni aa ti on from i'~. C. 2. Wi!!isums z. resentmn5 claim ~f .~25.00 for i~_rs. V. i~. Fawcette on accouut of alleged d~.~ages to a kelvinator and ~ashing machine by flooding of the basement of her residence in October 19~2, ~'Jas ed. It appearing that the City Engineer and City Attorney have gone into the claim, k!r. Comer moved to refer the matter back to them to ascertain the damage. The motion was duly seconded and agreed to. ROAROKE HOSPITAL ASSOCIATION: Report of the Roanoke ilospital Association for the month of August was read and filed. REPORTS OF OFFICERS: RKPORT OF '~"? ~,.. CITY ;LEIAGER: The~.~'zt,-,..~ganager R~eme~ed a report making certain !reco~mendations. The sane were acted upon as follows: D~.,~mo. The City M~ager resorts in the ~ttew_ of ~the request of Chas. L. Stein g3 - 8~ Street S E., for d~.:ages on account of ¥~ater ~runnin~ into his basement; that he ~.d the City Engineer inspected the alley con- _lain. ea or m~d t~'~ indications ¥:ere ~!m~ a vei~r s~!l remount of surface water is entering the 220perty from the alley, not enough to cause any damage, and that this condition will be corrected. Tlmt the center portion of :..ir. Stein's lot is loYmr :~.nan ~e alley or tn= street and that tho atu'face water from the adjoining buildings the ~':ater from his own roof is causing the floodi~ of his basement, i'.r. Stein ~e-ared and stated tn~t the repoz't of the '~it7 ~,,muaser is incorrect; that warm- ill '" · 'e ' ' ' · l=z~ :iuanZitles does enter fro~ the alley, -and zhat he thznks he is entitled to for the coudition. "- ~tein ..as ~ ~ ...... '- ,,~. ' ' ~'~,,'-=,q that in via¥: or ~he report of the Ci* .... ':"~ , .... ~' l:zm' tae' question of dan~.ces; that he has ~. _.~,a~.er Council could not discuss ..~._~ :~iz re:.iedy by ~ recoup'se to the law if he ca~ed to take ~. ~:~=,. he.~,_. ~,,. lenarer_ _.e. efts ~.~t under the law u:te Cit,,~. cmlnot ~'"-~--~ license ,.,~.~. for any of "'"'= ' ..... ,oo=s b:.~ shm;s or conoess ohs oze "~ i'=~ed i~ide of the Fair Grounds during ,,,.~ holdin: of an-=cric,m!tura! Fair, .~_d that ,ne Co,.:n~issioner of Zev enue -" -~," hin lic ens'e zn_o. :is that no has be~ issued for any arluseuents or busi~!ess ~=.~.~., ,_: Tile '~' .~t;..- Attorne filed a fei:crt advising Council ,~.:at o1:~~orc, oration ,~,~-~ .... ,~=s~. _on kcs had an iuvestigation and valuation _,.made of the l~ater ',/orks plant and '-',~.~at +~i.~ = re-cert, rill be made to it within the ner~ week or two and ti:at his i_~_for_~tion is t~.t '"~- ~.~e report will be studied by the comm~is si on and t~ fixed for a public hearing. The report is fi led. LIST: The Cit~, Attorney presented a re'l. ort advisinz. Council that it has no right to impose u-Don the Registrar tb_e duties or pre?arinc tke 'Voting List. report is flied. The Bear resortea progress. The co~=.,it~ee is continued. FL~LiJ '-~':-~ ............. ,-~ t,~ has three o~a,~ ~,.~oEj~_.ii~7_T'-:' .'ne ~it,~ Cie`e, " -~. ~ ~ ~ reported vnet the date ~._ ass ss;uenu i-;as tx"ansmi~t~d to the City to file their objec- tion, ~, final date being Deca;%ber 12th. The fo!!o;:in~' ordinance havi~zg been introduced, re~,~ end laid over was taken and azain read: F~-o45) ~ Oz~,.~,C.- to amend anu reordain Section 8, of mi ordinance adoi:,ted the "ounci~ or the "' _ - . ~ - - '~it7 or ,ioanoke on the tSth, day of October 1929, ilo. 3585, en- titled, "A~. Ordin~uce to rezu!ate the _~icensing ~~d operation of ~,~.ubl._c~' vehzcles,' tazcicabs,,, and fop li-.e cars on t~.e., streets of the C't,ri ~. of Roanoke, Virginia." ,e The ordinance is ].aid over. ~w,o~ox Uo,.: In t~e ratter of the request of the ;./ells Gas and 0il Company to use a portion of Lynchbtu. g Avenue. The City" -~ :..anagor is re- %uested to report if any ~art of the street may be abandoned. CONS Ii]ERATI ON OF CLAE.L~: l:one. iir. Bear introduced the following or--naRco: (~4o~) ~ ORD~CE to sell the ~operties ~nown as the" '~ ohan~, i.li!l ~_d L'addel prol:crt~, located ~ n the to",:u of Saim:~_ and '" ' " - ~oml~j of ~io~ol:e to i,:ooro, .j~tners tmdi. ng as i~ooro Nillin~ Comply. The ordinance was read ~md laid over. ,i In Drepari~k; the deed to the :ioore Milling Company the City Attorney is direct-' ed to incorporate the ordinance .tn the deed. l.[r. Powell introduced the, fo!lo~;i~g resolution: ,~.=~,. to fix the salaries of certain City office'~-s. The resolution was read and laid over. i,lr. Po~:e!l introduced the fo!lo;'~ing resolution: r},~---f~T ~T.'T %-. ~ (~4356) A ~,~,.~,~:~ to ~ke appropr~atio~ to certain accounts. The resolution uas read m~d laid over. llr. Powell int-Poduced the fo!lowinc resolution: (~4357) A _REoOLuTIO~,~ to ~u~horize the l.[ayor and the City Clerk to borrow the sum of ~200,000.00. The resolution was read end laid over. : ~ - ~,'~:~.., ,£{D i.215C E1,LANEOUS -3USIN "¢"~' 12r. Bear presented a ctippir~ froz~ the "Worid-:~eus" calling attention to the change in Section 429 of the Tax Code, and asked that the matter be referred to the City Attorney to go into the question as to Wether or not the priority of tax liens~ has b6en disturbed. SOURCES CF REVEh'JE: The president, [.ir. b~nall, presented an article clipped from~ 'The Wall Street Journal" relative to the financial problems of Coltnabus, 0him. The ame is filed. TI~LFFIC ~i~,H!AM AV~,FJE: llr. Small brought to the attention of the City tlanager nd asked that he report 'to Council what effort is being _made to change the traffic ~rom Avenb~.m Avenue to t' ~ ne new hi~h~vay on Franklin Road by way of i:leasants Avenue. P2RL!NG G?~d,,~D~'.i ROAD: N~r 'Jinn asked t~at t~= ~ztj i.'anager look into the o£ues- ~ion of a~M;ular parki~ on Grandin .'-load South of Virginia Avenue and report to Couu- o~-,.~= oC~:EDU~,_:~;S: ilr. Bear asked that the ~zty Nanager prepare a salary schedule ,f the officers and employees of the City of Ro~uol.:e ~nd transmit the same to Coux~_ciI, BL-DGET: The president, - m. Small, advisea ~.~:,-= City ::eaaager z,~a~ he ex-cected_ the udget to be in the hands of Cotuucii by _":ovember !, 1934. ~'~:,.~,-'~J aiGNZ~LS: The President, . , ouncil the cost of installims lum~natinL.' signals at the intersection of arterial · i ~hr: ays. ~ t::~ ~it2' .'...aP, acer adv~se~_ .! D~'~T~T.-,~.-~, TA:fEM:. The City l.:a_ua~jer advised Cotmcil that he would rei~ort the names o~ city ~..lclo~e~s delin?uent '.'~ th their taxes at ~-~ next ~etin~ o~ ~ouncii 51 TRAFFIC 0FFIC ~-~ . ~{~: The President, fir Small, asked the City L',anager to look into the question of using the school Janitors as traffic officers at the school build- ,frogs, and to report to Council. OFFICERS' DAILY REPgRT: The President, Ma-. Small, inquired o£ the City Auditor ias to whether or not the offleer$ required under the ordiruances to file their re- ,ports daily were complytr~.~ with the ordinance. The City Auditor informed ~ir Small !that they were. NOISES: The President, ~.~. Sm. rill, requested that information be obtained as to u'hether or not there ~re ordinances ado?ted by other c~es prohibiting the use of 'radios, phonographs and ot':~er noise ;:mki~tg instruments on the str ets. Clerk is requested to obtain the i~n~or~.atlo~. The City ~~~'~.~.~,.~: '~'ae i-~res!dent, ~.:r. ~11, advised the City l.~anager that ~. S. Douglas, Chief ~le~ for the ?urchasing Azent of the H. & ,. Rai!%Tay Co., ~:~ould be very glad to advise and fun'~ish i~for:N~tion us to the setup of the new de- Dart of 2urchasing. 2_Iist~!'Lti!ce Oli uluc.~ Yyais l~e~d ~:ld fiiefi. ,.~. R. :~.~ ~ ~.,~: The Cit/ ~..anager ?~esented the a?-3!ication and certificate of necessity for ~. ,,.. R. ~. funds for tn~ months of October, ilovember and December 1954, ~=o~n~ir~ to .;12d,a?5.0g. idr. Comer offered the follo~vims resolution: (~435~) a PdfSOLU~iE~,, to authorize the a=~,l_cation for f.~nds under the provisions of ~b~..~ Federal ~'zerdency Relief Act of 1933. ( For full text o? Resolution see O~'dl.~ance Book I,.~o. 8, Page ]~_~ ). Lir, Comer moved to ado!~t the resolution. The motion was duly seconded and the resolution ado~jted by the following vote: A~ES: ~:essrs Bear, ~ ~ e~' ~- . ~om _, Powell, Uinn an_d the President, ..,~, ~mall --5. P~'I~i[ 0N "~ ~ ~'~'"~' ~u......._~w~'.~.,~. The Pension Cor~__~ittee fixed Thursday, September 27th, at 3 o,clock p. m., for a meetir~g of the cor~mittee and suggested that an invitation be ex~ended to the i:o!ice and Fire Departments to attend the meeting. There being no further business, Council adjo~mrned. APPROVED Clerk Pre s ident COUNCIL, HEGULAR MEETING, Friday, September 28, 1934. The Council of the City of Roanoke met in regular meetin~ in the Co, moil Room in the Mtmioipal Building Friday, teptembe~ 28, 1934, at ~ o'clock p. m. President, Mr. ~n~ll --4. PRESENT: Messrs. Comer, Powell, Winn, and the _ABSENT: M~. Bear ...... 1. The President, Mr. ~nall, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager. MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as retched. PETITIONS AND COMMI~ICATIONS: FLOOD WATER CttAS. L. STEIN: Mr. Chas. L. Stein who resides S. E., again appeared asking for damages from the streets and alley Klows over his from several residents in the vicinity to referred to the City Attorney for of the city· at 2~ - 8~ Street to his property alleging that the water property. Mr. Stein presented affidavits substantiate his clalm. The ,ratter is investigation and to report as to the liability be presented and he LICENSE TAX ON DRY CLEANERS: Mr. R. Lee Carney appeared and stated to Council that he understood that the ordinance relating to License Tax on Dry Cleaners would asked that the adoption of the ordinance be delayed until he can make an examination of it. COMMISSIONS FOR SALE OF SHANK MILL: Mr. R. V. Fowlkes of the firm of Fowlkes and Kefauver, Inc., Real Estate Agents, appeared and renewed his claim for commissions for the sale of the Shank Mill property to Moore Milling Company. Mr. Fowlkes pre- '~ rented an affidavit from R. A. and T. M. Moore, stating that Mr. Jos. B. Glenn, sales- mn f~r Fowlkesand Kefauver, had negotiated with them with referemce to the sale of 'i the property. 1~. Thomas F. West slso m~de a statement as to the negotiations ~rl. th ~oore Milling Company. The matter is referred to the City Attorney for an opinion as to the liability of the city for the payment of the claim. GAS MAIN: The application of the Roanoke Gas Light Company for permit to install two inch gas main in Highland Avenue S. E., warn read. The City Manager recommends ~hat a permit be granted. ~Ar. Co,er offered the following resolutiom: (~4~) A RESOLUTION granting a permit to the ~all a 2 inch gas main in High~and Avenue S. E. Roanoke Gas Light Company to in- F~r full text of Resolution see Ordinance Book No 8, page/~g ) : Comer moved to adopt the resolution. The motion was duly seconded ,_nd the i~ .~esolution adopted by the following vote: AYES: Messrs. Comer, Powell, Winn and the President, Mr. Small ---4. NAYS: None ....... 0. CROSS-OVER: The application of the C. G. T. Corporation for permit to construct cross-over at 401 Campbell Avenue S. E., was read and referred to the City Manager or report and recommendation. FREE MILE FUND: A statement was presented ~howi~g the cost of operating the ~ee Milk Fund. The statement is filed to be co~,idered with the budget. ,'54 3T~_.~WT XMPR0~: A ~etition asking for the improvement tweets Kirk and Talewell Avenues 8. E., and Church Avenue between was presented and referred to the City Manager for report. SOCIAL ~ER~CE BUREAU: The ~ocial 8e~vioe Bureau presented a statement of the fund as of september 29, 1934, and requested an .~p~priation of $~,300.00 fc~ the month of october; $2,500.00 of said amount to be for City p&u~er for E. R. A. work. Hr. Comer offered the following resolution: directing the payment of $7,000.00 to the 0rdinance Book No. resolution. The motion ltth and l?th oases and $5,000.00 Social Service (~A~59) A RESOLUTION Bu/'eau o ~. ( For full text of Resolution see Mr. Comer moved to adopt the ed by the following vote: AYES: Messrs. Comer, Powell, NAYS: None ........ 0. REPORTS OF 0FFICERS: REPORT OF THE CITY MANAGER: .taxes due by City employees. 8, page ~). was duly seconded and adop' Winn and the President, Mr. ~mall ----A. The City Manager presented a report of delinquent The report is laid over to be considered at a Special o'clock p. m., and the City relating to all school employees meeting of Council on Monday, October 1, 1934, at 3 Manager is directed to furnish the same information STOBM DRAIN: The City Man,er reports with reference to the drain between Moor- man Road and Fairfax Avenue from 9th to 10th Streets that the cost to construct a 5 x ? concrete box culvert will be $10,590.00, and it would be impracticable and of no material benefit in relieving the flood conditions to construct a drain in Orange along Lynchburg Avenue to Avenue from 24th Street Lick Run, and also that the cost Nith reference to the pon~ examination was made by the Health Officer no mosquitoes were foun~ in the pond as it Palme:. He reports that an City Engineer and that practically war er. star,ants as to the flood oondi- East from Lynohburg Avenue; thence would be prohibitive. belonging to ~M. ~. E. and is spring Messrs. J. H. Soloman and J. H. Likens made the points mentioned. City Manager reported Department, as patrol the appointment of William Howard Mitchell effective September 16, 19~4. tions at · The Chauffeur in the Police The City Manager presented a week ending September 13, 1934. REPOR~ OF THE CITY ATTORNEY: INSURANCE COMPANIES: The City Attorney statement of work accomplished and expenditures The ssme is filed. for the Insurance Companies to write l~licies reports that there is no way to counsel for those who apply. The report is' filed. that he had the matter of the amendment C. H. Morrisett, State Tax Commissioner, estate taxes. The report having been introduced, read and of an ordinance adopted day of 0otober 1929, No. and operation of ~ublic vehicles City of Roanoke, Virginia." TAX CODE: The City Attorney re~orted to Section 429 of the Tax Code up with M~. and in his o~inion it does not impair the lien for real is filed. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: The following ordinance laid over was taken up and again read: (~4~4~ AN ORDINANCE to amend and reordain Section 8, by the Council of the City of Roanoke on the 18th, entitled, "~u Ordimance to rogulate the licensing taxicabs, and for hire cars on the streets of the ;B, For full text of Ordimanoe ~AF, Winn ~loved to adopt the ordinance. ordinanoe adopted by the followin~ vote: see Ordinance Book NOo 8, page 4~) · The motion wa~ duly seoonded and the The following up and again read: J~E~: Messrs. NAYS: None --- ....... O. ordinance having been introduced, Comer, Powell, WiGn and the President, Mr. ~mall ----4. read and laid over wets taken (~4S54) AN ORDINANCE to sell the properties known as the property located in the town of Salem and County of Moore, partners, trading as Moore Milling Company. ( For full text of Ordinance see 0rdi_n_-_Bce Book No. 8, page/~.~). Shank Mill and Wad dell' Roanoke to R. A. Moore and T. Mr. Winn moved to adopt the ordinance. ordiBance adopted by the following vote: AYES: Messrs. Comer, Powell, Win~ and NAYS: None ........... 0. The motion was duly the President, Mr. seconded and the Small ---4. The following ap and again read: resolution having been introduced, read and laid over was taken (~4555) A RESOLUTION to fix the salaries of certain city officers. ( For full text of Resolution see Ordinance Book No. 8, page /~). Mr. Winn moved to adopt the resolution. The motion was duly seconded and the :esolution adopted by the following vote: AYES: Messrs. Comer, Powell, NAYS: None ............ 0. · inB and the President, Mr. Small ---4. The following resolution having been introduced, read and laid over was taken end again read; (~4556) Mr. Powell moved to adopt the resolution. ! resolution adopted by the following vote: AYES: Messrs. Comer, NAYS: None ............. 0. The following resolution ~p and again read: (~4~57~ A RESOLUTION to authorize A RESOLUTION to make appropriations to certain accounts. was duly seconded and thai The mot i on Powell, Wi_n_n'and the President, Mr. Small ----4. having been introduced, read and laid over was taken the Mayor and the City Clerk to borrow the sum ( For full' text of Resolution See Ordinance Book No. 8, Page/~_~) 'f $200,000. oo. Mr. Powell moved to adopt the resolution. The motion was resolution adopted by the following vote: AYES: Messrs. Comer, Powell, ~inn and the President, Mr. NAYS: None .............. 0. LYNCM~URG AVenGE GASOLINE TANK: The matter 0il Company for permit to erect and maintain a The matter is laid over. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:- Mr. Comer introduced the following ordinance: duly seconded and the Small ---4. o f t he re que st gasoline pump in Lynchburg of the Tells Gas and Avenue . (j,~.o) L~ ORDINANCE relative ~o the aoqu~s~tio~ of oortei~ :kn4 ]~*o~osed to be &o~uirod by tho City of Roanoke for hSghva7 puz3~ses end appotntin~ a committee to confer with Mary E. Bondurant, ouer and teaant of the freehold of said land proposed to be acquired, and endeavor to agree on tho terms of purehaoo and aoqut- eition of 8ai~ land. ( For full text of Ordinance see Ordinance Mr. Comer moved to adopt the resolution. resolution adopted by the followin~ vote: AYES: Messrs. Comer, Powell, Winn and NAYS: None --- ....... O. Mr. Winn introduced the Book No, 8, page/~_~.). The motion vas duly the President, Mr. ~mall following ordinance: seconded and the (#4561) AN ORDINAI~E repealing Section 51 of the License Ordinance of Roanoke relative to the license required by said Section of dyeing in the City of Roanoke. ( For full text of Ordinance see Ordinance Book No. 8, page .. ). The ordinance was read and laid over. MOTIONS AND MISC~EOUS BUSINESS: STREET LIGHT: Petition asking for the installation of a street light at the intersection of Auburn Avenue and Lincoln Street was referred to the City Manager for report. SCHOOL BOARD: The resignation of Mr. R. H. Smith as a member of the School Board from District No. 2, was presented. Mr. Powell moved that the resignation be accepted and that the thanks of Co,,ncil be transmitted to l~r. Smith. The motion was duly seconded and agreed to. ELECTION ~ER OF SCHOOL BOARD: The president stated that nominations were in order for a member of the School Board of the City of to fill the unexpired term of R. H. Smith, resigned. of the City est ab li s~ment $ Roanoke from District No. 2, Mr. ~inn placed in nomination '-Mr. R. C. Churchill and there being no further nomination, upon motion the n~mina- tions ere closed. Thereupon, M~. R. C. Churchill was elected a member of the School Board of the City of Roanotoe from District 1Io. 2, by the following vote: AYES: Messrs. Comer, Powell, ~inn and the President, Mr. Small ----4. NAYS: None .......... 0. GREENWOOD ROAD RALEIGH COURT: Mr. ~inn asked that the City Manager look into the condition of Greenwood Road in the five hundred block. The City Attorney brought to the attention Commonwealth Attorney from the decision of the C0~ZON~'EALTH' ATTOHNEY' S SA~.ARY: of Council the appeal of R. S. Smith, Compensation Board, which is set for October 2, 1934. It was the opinion of Council that Judge Almond should request some other Judge to preside in the hearing of the Messrs. Comer, Powell and the President, appeal, such opinion being expressed by Mr. Small. Mr. Wi~n~ did not agree that it was necessary for another ~udge to preside. The City Attorney is directed to co~unicate this request to Hon. J. L. Almond. CLERK TO TME. CIVIL AND POLICE ~USTICE: The City Manager brought to the attentic ~;of Council the request of Judge H. S. Bfrchfield for an Assistant Clerk in his of- :: fica. The matter is laid over to be considered in the budget. There being no further ATTEST: Clerk b~iness, Co~cil adjoined. APPROVED President SPECIAL MEETIN~ ~ Monday, October 1, 19:$4. The Council of the City of Roanoke met in Special Meeting in the Council Room in the Municipal Building Monday, October 1, 1934, at 5:00 o'clock p. m. PRESENT: Messrs. Comer, Powell, ~inn and the President, Mr. Small --4. ABSENT: Mr. Bear ........ 1. The President, Mr. Small, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager and C. R. Kennett, Treasurer. OBJECT OF THE ~ETING: The President stated that the Special Meeting of Council was called for the purpose of considering ways and means to enforce collec- tion of delinquent taxes, and the exercise of such prerogative as the city may have in bringing about the collection of the outstanding taxes. The first consideration to come before the meeting being the list submitted by the City Manager of city em- ployees delinquent, exclusive of school employees, embracing 211 names, with an aggre- gat e amount of $6,264.20. The best method of collecting delinquent taxes from city employees was discussed at some length, with the President, i.lr. Small, offering the following Resolution: (~4362~ RESOLVED, That the City Manager furnish the City Treasurer a copy of the statement embracing all city employees who are delinquent with respect to real estate or personal property taxes, said statement to show name and total amount of delinquency. RESOLED FURTHER that the City Manager be directed to notify in writing the employees delinquent of amounts due with advice that unless payment is made in full on or before November 1, 19~A, that deductions will be made from salaries or wages after that date sufficient to discharge the amount of such delinquency. RESOLVED FURTHER that the City Treasurer submit to Council on November 1st, a statement of those employees who have not discharged their delinquent indebtedness at that time for appropriate action by City Council. l-klr. $mall moved to adopt the resolution. The motion Finn and adopted by the following vote: AYES: Messrs. Comer, NAYS: None ....... 0. was duly seconded Powell, Ninn and the President, Mr. City Attorney Jackson was instructed to ascertain and report or not the City has the property that has gone the City or by htr. Small ---4. to Counc il whet her legal right to enforce collection of delinquent taxes on ~ through the fom~.lity of being sold and bought in the name of Commonwealth, and records now passed on to the Clerk of Courts, particu- larly with reference to delinquent taxes for 1931 and prior years. President Small brought before the meeting a list of eight pages 250 names, representing notes payable to the. City for curb and gutter a number of which are of no value, worthless. In this comuection, President the statute of limitation having of approximately improvement, rendered them Small offered the following Resolution: (~4~63) RESOLVED, That the City Attorney be requested to render to Judgment on which the statute of limitation all names on this list, as represented by notes, has not run. The motion was duly seconded by Mr. Powell and adopted by the following vote: i effect with regard to the :~to the members of Council ~3:00 o'clock every Monday AYES: Messrs. Comer, Powell, Winn and the President, Mr. ~nall .... 4. NAYS: None ........... 0. President ~nall stated until such time as we can work out some plan and put in collection of these delinquent taxes, I am going to say that we are going to have a special meeting of Council at afternoon. In other words, we are going to have a special ;meeting of Council every Monday afternoon until we crystalize on this tax situation. There being no further business, Council adjourned. APPROVED Clerk President C 0UNO IL, REGULAR MEETING, Friday, October 5, 1954. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building Friday, October 5, 19~4, at 3:00 o'clock p. m. PRESENT: Messrs. Comer, Powell, ~inn and the President, ~!~. ~mall--4. ABS~IT: Mr. Bear ----1. The President, 0FFI CERS PRESENT: Small, presiding. W. P. Hunter, City Manager. MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as recorded. PETITIONS AND COMMUNICATIONS: ~r. L. A. Barbour appeared amd presented a letter from Mrs. L. A. Barbour, who owns Lots Nos. 20-21-2E and 23, in Block 13 as shown on' the Crystal Spring Land Company Map, and asked that this property be designated as Light Industrial Property, as he contemplated erecting a filling station and store thereon. In this connection, l~r. Comer offered the following Resolution: RESOLVED, that the Zoning Board of Appeals be appraised of this request, and be asked to consider this matter, and be prepared to confer with Council. Meanwhile that Council make a personal investigation, and probably be prepared to go into the matter at the next meeting of Council. Mr. Comer moved the adoption of the resolution, which was seconded by Mr. with the following vote: AYES: Messrs. Comer, Powell, Ninn amd the President, Mr. Small .... 4. NAYS: None .... 0. THE SOUTHW~aT VIRGINIA MUSEUM: The City Clerk read a communication from Ryland Martin, Secretary of The Southwest Virginia Museum, asking that J. F. Barbour be allowed a credit on his current taxes of $150.00, for which he agrees to allow the ~useum to use the large store room at ~.516 Comm~ce Street for the months of October, ~ovember and December 193~. Comer of£e~ed the following resolution: RESOLVED, that the City of Roanoke disallow any funds to The Southwest Virginia RESOLVED The Southwest FURTHER, Virginia That the City Clerk inform Nr. 9. Ryland Martin, Museum, that the City is unable at this time to an~ cost in the operation of The Southwest Virginia Museum. Mr. Comer moved to adopt the resolution. The motion was resolution adopted by the following vote: duly Secretary, part icipate seconded amd the AYES: Messrs. Comer, Powell, Winn and the President, Mr. Small .... 4. NAYS: None .... 0. AL~,EY IMPR0~T: Communication from J. C. Nicewarner zent of the alley at the rear ef his residence at 1516 - 7th Street S.E. aication is referred to the City Manager for investigation and to report $ouncil what action has been taken, if asking for the improve- The commu- back to REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager presented reports of work accomplish- 59 ed and ex~emditures for are filed. The weeks ending ~e~tember 20th, and September 26, ~Corporation for permit to construct a cross-over !be used in connection with a repair shop at this Mr. Comer moved to adopt the recommendation, which was seconded City Manager recommends that a permit be granted at 401 Campbell looati on. and offered the following resolution: A RESOLUTION to grant a permit to the C. T. cross-over at 401 Campbell Avenue S. E. BE IT RESOLVED by the Council of the City of Roanoke 19S4. The the C. T. H. Avenue $. E., to by Mr. Powell H. Corporation to construct STREET I~ROV~,~ENT: Regarding the peti ti on Avenue S. E., asking that the following streets face be applied. 15th Street between Kirk Avenue and Tazewell Avenue and Church Avenue between 13th and 17th Streets S. E. The City Manager recommends that these streets be graded and sufficient crushed stone applied to give temporary relief, as street improvements at this time. there are no funds available for permanen _Mr. W'in_n_ moved that the streets be improved as recomm~.nded by the same being seconded by i~M. Comer, and unanimously adopted. the City M_~ager, STBF. ET LIGHTS: Regarding petition from property owners asking that a street light be installed at the intersection of Auburn Avenue and Lincoln Avenue. The City Manager recommends the installation of one 250 C. P. light at this location, and one 250 C. P. light at Lafayette Avenue and 6th Street S. R. Mr. Comer moved to adopt the ed by Mr. Powell, and offered the recommendation of the City Manager, which was secon following resolution: (#4565) A RESOLUTION to install certain street lights. ( For full text of Resolution see Ordinance Book No. 8, Page The motion was duly seconded and the Mr. Comer moved to adopt the resolution. resolution adopted by the following vote: AYES: Messrs. Comer, Powell, Ninn and the President, Mr. Small .... 4. responsible for such surface water finding CLAIM MRS. the amount of NAYS: None .... 0. FLOOD WATER CHAS. L. STEIN: V. M. FA~CETTE: damage done this The City Attorney reports tbet the City is in no way injuries as may happen to the property of Mr. Stein by reason o~ its way to the property located at 25 - 8~ Street S.E. The City Attorney reports that there is dispute as to property located at 500 Arlington Road by flood water The motion was duly seconded and the President, Mr. Small .... 4. from proDert y be graded and owne rs living on Church some type of herd sur- NAYS: None .... O. AYES: Messrs. Comer, Powell, ~inn and the resolution adopted by the following vote: Mr. Comer moved to adopt the resolutiGn. The said C. T. H. Corporation by acting under this resolution agrees to in- demnify and save harmless the City of Roanoke from all claims for damages to persons or property by reason of the construction and maintenance of said cross-over. by the City Manager and to his good liking and satisfaction. with a repair shop at this according to specifications Avenue S. E., to be used in connection Said cross-over to be constructed hereby granted the C. T. H. Corporation to construct a cross-over that a permit be, and is at 401 Gampbel 1 location. to be furnished in 0etober 19~, and he is of the opinion the amount l/r. l/inn offered the following resolution: of should be paid. A RESOLUTION directing the payment of $~5.00 to Mrs. V. M. Faweette. of Resolution see Ordinance Book No. 8, The moti on was Mr. 1/inn moved to adopt the resolution. resolution adopted by the following vote: AYES: Messrs. Page 1~2__ ). duly seconded and the Comer, Powell, Winn and the President, _M?. Small .... 4. AIRPORT: as to whether a new deed of trust NAYS: None .... O. The City Attorney in a lengthy decision with reference to the question the City Council has the power to substitute a new note or bonds, and to take the place of bond and deed of trust executed to the Mountain Trust Bank to cover the purchase price on what is known as the Ca~neday pro~- arty acquired for city purposes, gives the opinion that inas~Ach as the transaction does not involve the creation of any new debt, but is a matter of substituting bonds~ or notes to be paid for by taxes Just as the old notes and bonds would be paid, the only difference being that the Municipality is benefitted by the change of interest ~from 4~ percent in the original bonds and notes to 3~ percent under the new transac- tion; that he had reached the conculsion that it is within the power of the city to handle the matter as indicated in his opinion. Mr. Comer moved that the City Clerk be directed to notify the Mountain Trust Bank that the City proposes to exercise its rights of anticipating its obligation in this matter, the same to be done on or before October 14, 1934. The motion was duly seconded by ~'~.dr. Winn, and unanimously adopted. ~LLS GAS AND 0IL COMPANY: The City Manager presented sketch showing proposed location of gasoline pump in Lynchburg Avenue by the '~'ells Gas end 0il Company,stat- ing that the City Attorney, under date of September 13th, gives as his opinion that the erection of these pumps could not be legally granted; the opinion of Council being ,i that the only relief that could be given would be to abandon 18 feet of property paral- lel to Lynchburg Avenue which would still leave a 100' street. It was moved by ~&r. Comer, and duly seconded, that the matter be referred back the City Attorney to prepare necessary papers and ordinance looking toward the abolition of the 18' referred to and shown on sketch. The motion was duly carried. REPORTS OF COMMITTEES: Mr. Comer reports there is no report from the Airport Committee Shairmau, is still confined to his home on account of illness. Lp and again (~61~ UNFINISHED BUSINESS: The following ordinance having been read: AN ORDINANCE repealing ,f Roanoke relative to the License n the City of Roanoke. as Mr. Bear, the introduced, read and laid over was taken Section 31 of the License Ordinances of the City required by said section of dyeing establishments ( For full text of Ordinance see Ordinance Book No. 8, page 171 ). Mr. Comer moved to adopt the ordinance. The motion was duly seconded a~d the ,rdinance adopted by the following vote: AYES: Messrs. Comer, Powell, Winn and the President, Mr..~qm~ll----4. NAYS: None .... 0. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIG~S: Mr. Comer introduced the following ordinance: 62 (~4367) AN ORDINANOE to repeal Ordinance No. 4~32 adopted by the Council of the City of Roanoke on August 51, 19~. NHEREA~, Ordinance No. 4~52 was adopted by the Council of the City of Ion August ~1, 1954, appropriating the sum of $?0,000.00, to bo rased for the ~:of entioipatlng the payments on the Airport, and I ~HEREA~, the appropriation provided by said i:instead a different pl~ has been apl~oved as provided in Ordin~noo No. A~il~5, !.by the Coumotl of the City of Roanoke on the 14th, day of September 19~A. Roanoke purpo se ordinance has not been used, but adopte NON, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the aforesaid Ordinance No. 45~2 be, and the same is hereby repealed. The ordinance is laid over. MOTIONS AND MISCELLANEOUS BUSINESS: STORE BUILDING J. A. LUCAS: Mr. J. S. Sherertz appeared in the interest of Mr. J. A. Lucas requesting that his client be given permission to construct on his prope on Melrose Avenue, near llth Street, a store building, closer to the street than the 10' line as now designated by the Zoning Ordinance, as this street is already desig- nated as business property. The matter is referred to the City Attorney for his opinion as to authority for erection of a store building on this lot, said lot being classified as business prop erty, and to submit his opinion at the next regular meeting of Council on Friday, 0ctober 12, 1934. ROANOKE WATER WORKS C0t~P~Y: The president, Mr. Small, stated tlmt it had been called to his attention t~hat there is a balance carried on the books of $7,475.20, against the Roanoke ~ater ~'orks Company covering bills rendered by the City for stre repairs and other work, and that according to an understanding with a previous Coun- cil the Water Company is supposed to reduce this amount at the rate of $1,000.00 per month and pay all current bills; that he was of the opinion that this was an appropr'. time to take some action to collect this outstanding amount, as this balance carries no interest. ~ty ,t .ate After discussing many angles of the matter, The City Clerk is directed to write the Water CompsBy calling their attentica to the indebtedness of $7,475.20, covered by bills for street repairs, which is an accumulated indebtedness over a period of some considerable time, and that the water compamy is requested to reduce this in- debtedness at least to the extent of the City's monthly payment to the company in water bills. That the City Clerk f~r-th~r request a prompt reply from the Water Company as to what action it proposes to tske in the matter. HANDLING OF SE~ER 'AND SIDEWALK A~SSESS~TS: The President, Mr. Small, brought before Council the question of collection of local Sewer and Sidewalk Assess_w~-nts aggregating $72,023.63, which heretofore have been handled in the .office of the City ~Clerk and Auditor; and the office now being divided it will be necessary to make the proper designation for the collection of these assessments. the subject the City Clerk is~ directed to ask the City Attorney to ier ordinance to designate the City Clerk's office to be in charge ~.local Sewer and Sidewalk Assessments. The president, Mr. Small, !after the ordinance is passed this Council will probably wish to give the City Clerk some further direction in the collectic~ of these !~such legal prerogative as the City b~s. after a discussion of prepare the of collecting thcs, stated further that the exercise of AUDIT: The president, Mr. ~l~all, brought before the Council and inquired of the assessments, in City AttorneF Zf he had heard anything f~om the ~ov~nor of State as to whether ~r not the city would be able to recover one-half the funds paid the State Auditor for the audit made during the past months, and was advised by the City Attorney that a copy of the resolution has been referred to the chief executive, received no reply. He is instructed to follow up the matter if reply in the near future. COUNCIL MINUTES CITY ATTORNEY: Mr. Comer suggested, and that a copy of all future minutes of Council meetings be sent but as yet he had is not received the bond for City employees, calling ~e_nning appears on the bond with The is not now employed by the City and it was unanimously agreed, to the City Attorney. BONDS FOR CITY ~Z.'.PLOYEES: The City Olerk brought to the attention of Council attention to the fact that the name of J. L. Fidelity end Casualty Company of New York, who that there are other names which should be includ- led. It was therefore decided that the City Clerk be directed to have stricken from the bond the name of J. L. Manning who is no longer an employee of the City, and add to the bond the following names for the amo,,nt of surety as shown opposite their ~mes: C. E. Heckman, Acting Superintendent Police $ 1,000.00 H. R. Yates, City Auditor 5,000.00 L. D. James, City Clerk 5,000.00 P. H. Tucker, Purchasing Agent 2,000.00 : Premium for such bonds shall be paid by the City of Roanoke and sha~ be charg-:' ~d to the appropriation of the respective ~o. 41300, adopted by the Council of the City of Roanoke on the 24th, day of April i~934. departments as provided for in Resolution ~! WEEDS: Copy of letter from David Kohen, addressed to the City Manager, ng of weeds on ~erred t o complain' vacant lot adjoining 438 Wellington Avenue, South Roanoke, was re- Council, and the president, Mr. Small, directed the City Clerk to advise ~r. Kohen that the weeds would either be cut by the owner of this property, or that ;he City would cut some ~nd charge the owner for work done. ill F.E.R.A. Ft~DS: The City M_~nager reported to Council that the allocation or materials in the Street Repair Account was overdrawn, and at the present rate ~artially due to materials iscussion of the subject, ~ould be approximately $6,000.00 short at the end of the year, this shortage being used in the improvement of Shenandoah Avenue. After a the City Manager was instructed to confer with the City ~uditor and charge materials used on Shenandoah Avenue project to the Street ~ent Account instead of the Repair Account. Iml~ove- STREET REPAIRS: Mr. Comer asked the advisability of improving about 300' of ~treet on the Northeast side o,f the Peacock Cleaning and Dyeing matter is referred to the City Manager. APPOINTMhTNT OF SPECIAL OFFICER: The City Mansger Maneger of The appointed special officer letter from Mr. E. D. Heins, General isking that Mr. R. H. ~illi_-m~ be plant on 13th Street. reported that he had received National Theatre 'heatre; that Mr. Heckman has investigated him and finds he s no objection of Council the appointment will be made. .d to approve the appointment. Corporat ion, ~ for duty in the Roanoke :i is all right, and if there The City Maneger is instruct- PRINTING ANNUAL REPORT: The question of printing the Annual Report wac brought before the Council, and the City Clerk is requested to secure bids for ]~rXntlng the 1933 Annual Report, together with the first six months of 1934 the bids to be for 100 and 250 copies. INSURANCE POLICIES: The City Clerk called attention to two insurance ~olictes, one for bank burglary and robbery, and one against lmaymaster robbery, paid for by the City of Roanoke, and issued to J. H. Fr_~.tz, Treasurer. He is authorized to ha' e the necessary substitution made, the substitution to be in the name of Roanoke, Virginia." of "The City FIRE INSURANCE SE~T!.E~k~IT - SHANKS MILL: The City Clerk reported that Davis and Stephenson, representing the Fire Insurance companies, carrying insurance on the Shanks Mill property had turned ove~ to him checks amounting to $18,751.11, in full settlement of fire insurance ~laim on the above property. There being no further business, Council adjourned to meet Monday, October 6, 1934, at 3:00 o'clock p. m. APPROVED Ckerk President COUNCIL, SPECIAL MEETING, Monday, October 8, 19~. The Council of the City of Roauoke met in Special ~eeting in the Council Room in the Mu_nicpal Building Monday, to adjournment. Octobe~ 8, 19~A, at S:O0 o'clock p. m., pursmant PRESET: Messrs. Comer, Bear, Win, a~d the President, Mr. Small .... 4. ABSF~T: M~. Powel 1 .... 1. The President, ~&r. Smmll, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager, and C. R. Kennett, Treasurer. OBJ~T OF THE MEE2ING: The president stated that the object of the meeting was to consider ways end means of collecting delinquent taxes, but that Council had ~ before it the Judgment and order of the Hustings Court in the matter of compensation and other expenses of the Attorney for the Con~onwealth, which will be considered at this time, ebead of the Question of delinquent taxes and declared a short recess of Council. The President, Mr. Small, recognized the Vice-President, Mr. Comer, for the purpose of introducing the following resolution: (~A368) V~HEREAS, it has be~n brought to the attention of Council that the fol- lowing order has been entered by the Judge of the Hustings Court in the matter of 'the salary of the Cow~nonwealth,s Attorney and others. ( For full text of Resolution See Ordinance Book No. 8, Page _173 ). Mr. Small moved to adopt the resolution. Mr. Comer asked if it would be agreeable to refer the matter to the City At- torney for consideration and report, as to just what the rights of Co~Bcil are. Small insisted that he would like for Council to vote on the resolution without delay. The motion was duly seconded by ~. Bear and adopted by the following vote: AYES: Mess~s. Bear, ~inn and the President, Mr. Sm~ll .... 3. NOT VOTING: ~r. Comer .... 1. Mr. Small, in addressing the Chairman, stated for the benefit of the City At- orney in the pending question f comp nsation for th Commonwealth Attorney's De- ii ~artment,. he offered the followzug additional resolution for the purpose of pu~ing ii Council on record ~ud providing and fortifying the City Attorney with data ~nd state- nent of facts, as the Court made the point that there was no defense made by Council; (~4569) NHEREAS, Council wishes to put itself on record in the matter of the costs of the office of Attorney for the Commonwealth, be it resolved: ( For full text of resolution see Ordinance Book No. 8, page 17~ ). M2. small moved to adopt the resolution. .*.~. Comer st~ ed that he was of the )pinion that the matter should be referred to the City Attorney Council takes action. for study before Mr. Wi_nn objected to one paragraph of the resolution as read, and Mr. Small ~greed to strike out that paragraph. The motion was duly seconded by l~r. Bear and adopted by the following AYES: Messrs. Bear, Comer, ~inn and the President, Mr. Sma1! .... 4. NAYS: None ..... 0. vote: ~J.0NANCES AND GIFTS: A communication was read from E. W. Jordon, Vice-Chairmen, edicatiom CO~tee,asking for an appropri atic~ of $ o0 00 to $100.00 to be used '66 Indeo~rattn~ for the o~remon~es on 0etcher at the time 19th, President ~oose~lt ~lt. ~. Ei~ moved that ~ ap~oprlatton of $100.00 ~ m~e to the de~oet~n o~- ~ittee for the purpose of deoc~ating the streets incident to the visit of President ooBevelton October 10, 1934. The motion was duly seconded and unanimously adopted ! DELINQUENT TAY~ES: The President, Mr. Small, stated that the question of quant taxes was now before the Council and in order to begin to crystalize on delin- some plan of action, that he had in mind as a suggestion that the Council mtght create or ~rovide a Delinquent Tax Bureau, placed under the Jurisdiction of the City Attorney, ~ith l~robably a business man ana sn attorney working ?~[th him to be en~loyed at th-. Will of Council for the purpose of making a more vigQrous drive in the collection of delinquent taxes. The above question was discussed at some length with the City Treasurer, C. R. Kennett, concurring in the establishment of a Delinquent Tax Bureau, but was of the opinion that the Treasurer should have Jurisdiction over the delinqu~t real estate taxes as long as possible before passing them on to the Clerk of the Cotu~tso Mr. Comer made a motion that Council proceed on the theory that all deli2,.uent taxes for 1932, and prior thereto would be taken out of the Treasurer's office put in the hands of a delinquent Tax Bures~. After a recess of Council, the City Clerk was requested to make record that the City Attorney, City Treasurer and the Clerk of the Courts, would confer as to the right procedure of the City relating to collection of delinquemt taxes for the perto~ of 1932 and prior thereto, and that the City Attorney will endeavor to submit a repo~ to Council at its next regular meeting on Friday, October 12, 1934. SEWER. ~SSESSM.~T: Mr. B. R. Po~ell, 501 Walnut Avenue S. E., appeared in connec- tion with a sewer assessment o.n his property, designated as Lots 1 and 2, Section 28 map of Roanoke Gas and Water Company, on which he claims there is an overcharge. :. On motion of ¥~. Bear a letter from Curtis Simpson, together with Blue Print mai led and sketc_h/to i¢~. Powell, was referred to the City Clerk with instructions that he confer with the Engineering Department and report back to Council. The motion was duly seconded end the matter so referred. There being no further business, Council adjourned. APPROVED Clerk Pre s id ent COUNCIL, R~Ul.ar~ Mr':W. TING, Friday, October lZ, 19~. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building Friday, October 12, 1934, at 3:00 o'clock p. m. PRES~IT: ABSE~T: None ..... 0. The President, ?&r. Small, OFFICERS PRESENT: N. P. Hunter, Messrs. Bear, Comer, Powell, Ninn and the President, pres iding. City Manager. Mr. Small--5. SINKING FUND: The President, ~. Small, suggested if there be no objection, the usual order of business would be suspended to give Mr. T. Coleman Andrews an opportuL nity to present such report as he my have for Council, at his request, as he was anxious to get away as Quickly as possible. Mr. Andrews read before Council a letter dated October lB, 1934, setting forth his vte~s with reference to the proper setup of the Sinking Fund Account, to which was attached a schedule of Bonds Outstanding and Sinking Fund HeQuirements, Accumula- tions and deficiencies as of December J1, 19J~. After a discussion of the _~.e~tter, it ~,as ..moved and duly seconded that the ~ma_~tter be laid aside and cansidered by Council as soon as convenient, and further that the City Clerk furnish each member of Council copy of the letter and schedule attached, and that an endeavor be made to dispose of the matter et the next regular meeting of Council, in time to confer with l&r. Andrews during his next visit to Roanoke around November 1st. Bm. PORT OF AUDIT OF H. E. MAYHE~ CITY SERGW~tNT'S OFFICE: ~ir. T. Coleman .Andrews ~ead his letter of trans_m~t~al, dated October .12, 1934, setting forth method of pro-il ~edure in making the audit, between his office and that calling attention to certain exchange of correspondence, of City Serseaut H. E. Mayhew, and supporting _Exblbtts and Schedules contained in the Report. After a lengthy discussion of the report it was moved and seconded that the report of the reaudit of City Sergeam~t for the period December 31, 1933 to April lV,~ 1934, inclusive, be received by Co,moil and that a copy be furnished the City Sergeant, It being ,,nderst0od that T. Coleman Andrews & Company would furnish additional copies · ecessary for each member of Council. The motion was unanimously adopted. The Question of reaudit of the Voting List of the Treasurer's Office was dis- cussed, and ~. Andrews advised Council that some work had already been done om this~ ~nd now that the audit of the City Sergeant's office was out of the way, that his ~ompany would be able to again begin work on the Voting List the first of the week. ~I~-0TES: it appearing that a copy of the minutes of the previous __m~.~eting has Oeen furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as recorded. PETITIONS AND COMMUNICATIONS: TB_ANSFER OF FUNDS: E. B. Brown, Project Engineer, Emergency Relief Administra- :ion, appeared and presented a letter requesting the trausfer of $300.00 of funds ~ppropriated by it £or the Social Service Bureau to a project for construction of ~tands at the Veterans Hospital to be used on the occasion of the President's visit, l the same being approved by T. C. Rohrbaugh, Relief Director. Mr. Comer offered the following resolution: (~4~?0) A RESOLUTION to approve the request of E. B. Bro~n, Local Project ~ineer of the F. E. R. A., for the transfer of certain funds. For full text of Resolution see Ordinance Book No. 8, page 176 ). Mr. Comer moved to adopt the resolution. resolution adopted by the following vote: The motion was duly seconded and the AYES: Messrs Bear, Comer, Powell, Winn and the ~resident, ...r. Small --5. NAYS: None ..... 0. D~LAGES H. J. SOLODiON: '~.~r. H. J. Solomon appeared and presented a letter ittmt2 ~ing~ damages to his property, 819 Fairfax Avenue N. 'J., on July 27th, and 28, 1934, amounting to ~57.00, account of water flooding his property, and asking Council to authorize the pa~unen~ for this damage. ~'~Mr. Come~ moved that the claim be referred to the City ~an~ger for investiga- tion, report and rec~mnendation, includ' ~ ~ng that of the City Attorney. The mot ica was duly seconded and unau~_m_ously adopted. BUDGET: Mr. H. J. Solomon also requested that Council include in the budget for the first six months of 1935, an amount necessary to cover the culvert in the Northwest Section. He was asked to make his request to Council in writing so that th~ ~atter might be properly considered. SEWER ASSES~.&ENT: I~essrs. Ralph Gle~gow and J. E. Gish, local attorneys, appear ed and complained of the method in force in the City Clerk's office for ascertaining information in connection with local sewer and sidewsl_~k assessments, and asked that the records be made available for the inspection of lawyers preparing abstracts of title to real estate and asks that Council remit au assessment against property know. as Lots 2~ and 23, H. G. Robe=ts Addition, it being alleged that the attorneys pre- paring abstracts for this property in 1924 and again in 1931 had been 11~rnished in- formation by the former City Clerk and Auditor that there vJas no assessment against this property. The assessment in question amounts to $105.26, including interest from March 1, 1923. Mr. Comer suggests that the request be laid over until the next meeting of Court and that in the meamtime the former City Clerk and Auditor P. Hill Tucker be the City Clerk prepare a making inquiry as to sewer and consulted. ~ It was unanimously agreed that for fUture inquiries form to be used in furnishing inform~tim't;o ~nyone walk assessments, v~ich will be filled out by the applicant, in duplicate, as to the . tnfomtion desired, showing Lot artd Section Number and title of property, the an- s~ers to be filled in by the City Clerk's office and signed, the duplicate copy to be filed in the City Clerk's office· STREET LIGHTS: Mr. N. C. Bowling appeared and presented a petition containing twenty-four signatures requesting the installation of one street light at Delaware Avenue and Cove Road N. W., Villa Heights, and one about 300 fee~ West of Cove Road and Delaware Avenue. The petition is re~erred to the City Manage~ for investigation, report and reccmxmndation. ! The petitioner also asks that Council furnish him two or three loads of crushed ~stone for the sidewalk in front ~f h~_s house and that he would h, ul same. He is ~ · i~nstructed to confer with th~: City Manager who will ~~h .the crushed stone. . ROANOKE WATER NORKS COMPANY: A letter addressed to the City Clerk with referenc~ to the payment of a balance due the City eove~i~g bills for street repairs was read, ithe Roanoke Water Works Company setting forth that it had "a gentlemen's agreement" with city officials to curtail the account at the rate of $1,000.00 per month, and desired to continue as per this agreement, the water company however, contending tha$ the amount of $?,A?~.gO, as shown on the books of the City Auditor, is incorrect and does not agree with the records and books of the Watac Company. After a diacussion of the subject in Question the City Clerk is instructed to ~ite the Roanoke ~ater Works Company end ask that a statement be furnished showing the discrepancy as between the City Auditor and the Water Company, amd that the "gentlemen's agreement" with Council contemplated consecutive monthly payments until the overdue amount was paid, and that if the Water Compan~ will now reimburse the City for their failure to fulfill this part of their payments for months omitted, Council will continue on the basis of $1,000.00 per month remittances until the ac- ~! count is disposed of; that a reply is requested from the Water Company as to what they propose to do, in order that same may be before the regular meeting of Council ~n Friday, October 19, 1934. BILL AUDITOR OF PUBLIC ACCOUNTS: The City Auditor ~resented bill, by letter, ~rom the Commonwealth of Virginia, amounting to $1,120.67, for services of the Au- ~titor of Public Accounts for auditing the records of the City of Roanoke and attend- ing trials in Roenoke, an item of $352.56 being shown for "Salaries and e~Denses of £ield auditors attending trials at Roanoke." Mr. Bear moved that the Question of salaries and expenses of auditors attending~ rials at Roanoke be referred to the City Attorney, with the request that he report o Council as to whether or not the ch~ges are wt.lid, and whether the City's liabili- 7 is dual or individual. The motion was seconded by Mr. Powell and unanimously ado'~t- BUDGET: A letter from the Finance Committee of the Roanoke Instructive Visiting ~u.rses Association and. Dispensary on. closing l:~o~.rx~ed budget for the first six months >f 1~, was placed before the Council. The City Clerk is instructed to place ghis .n the proper channel for cons ideratio~ by the Budget Committee. APPLICATIONS: Five letters of application for the collection of deltncluent ;axes were preseated to Council, and the City Clerk is instructed to notify the ap- ~licants that their letters will receive consideration if the city establishes an [geacy for the collection of delinquent taxes. REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager presented report of work accomplish- d and expenditures for week ending October 4, 1934. The same is filed. POLICE DEPARE~N~ T: The City Manager presented report of the Police Department nd Police Court for the month ending August ~1, 1~34, ~hich is filed. .~~ .II, ROVe: The City Man,er reports that the alley in the rear of ,.1. C. [icewarner*s residence, 1516 - 17th Street S. E., has been inspected and he finds it ~teeds regradtng and crushed stone applied which will be done very shortly. It was oved and seconded that the recommendation of the City Manager be concurred in and ~ namimous ly adopted. REPORT CITY AUDITOR: The report of the City AuditGr showing General Fund State- merit as of October 12, 1934, was received and ordered filed. FAMILY WELFARE SOCIETY: Report of the Family ~elfare Society for the m~nth of September 19S4, was received and ordered filed. B~0RT OF THE CITY ATT0~IEY: STORE BUILDING J. A. LUCA~: The City Attorney reports that the lot owned by J. A. Lucas on Melrose Avenue closer to llth Street on which be has asked permissio to build closer than the 10 foot line designated by the Zoning Ordinance caren, et be ~granted, as Council has no power to grant the permission requested, but that the pe- tition will have to proceed under Article ll, Section l, of the Zoning Ordinance. Mr. Lucas and his attorney, J. S. Shere~tz, were directed to carry their request to ithe Board of Zoning Appeals, and then return to Council if the Board is unable to igrant their request. CG~dISSION F0~I~ES A~\~ KEFAUVER: The City Attorney reports, in the matter of claim of !Jessrs. Fowlkes and Kefauver for commission on the sale of the Shrank Mill property that he had given the subject consideration and recommends that the parties be left to their remedy at law, where all questions of laE and fact may be gone in- to and disposed of by a court and jury. It ;?as moved that the City Clerk be instructed to write the firm of Fowlkes and Kefauver that the City denies its liabil_~ty on the strength of the City Attorney report, whose opinion be quoted for their information. AIRPORT M0b~AIN TRUST BAi~K:The City Attorney advised Council that he had noti- fled the ~Jountain Trust Bank that all necessary papers have been prepared and ready for execution in connection with the payra~nt of the amount due the Bank under form- er tr_~.nsaction, release of Deed of Trust, etc., growing out of the Airport transac- tion and that the parties would meet at 10:00 o'clock on the 1Bth, day of October at the ~,~ountain Trust Bank for the purpose of consu_~ating the various tr~nsactions con- templated. · It was so noted and the necessary officers requested to meet at the Mountain Trust Bank at 10:00 o'clock a. m., October 15, 1934. ZONLNG APpw~L L. A. BARBOUR: A report from the Chairman of The Board of Zoning Appeals with reference to the request of ~-&r. L. A. Barbour that the property known as Lots 20-21-22 and 23, Block 13, Crystal Spring Laud Company, fronting on the E.S. of Fre~lin Avenue North of the inte~osection of Franklin Road and Franklin Avehue, be. declared as "Light Industrial Property" in order that he mi~ght construct a filling station and store, was read. It was moved and seconded and unanimously adopted that the recommendation of The Board of Zoning Appeals that a public hearing be held in accordance with Article X1, Section l, of the Zoning OrO~.n2mce, and that the Zoning Ordinance be ch~ged to include this pro~erty in the business district, and that the proper advertisement Zoning Ordinance. be prepared for insertion in the newspaper as required by the B~0RT OF CITY CLWJ~K: ~i SE~'ER ASSESSL~T: B. R. PO~u~.L: The City Clerk reported his investigation of sewer assesmaent against Lots i and g, S~tio~ gS, map of ll~anoke Gas and Water pany, located at 301 Walnut ~venue S. E., and was requested to write i&r. Powell, sen~ tn~ copy of letter to l-&r. Hodges, the adjoining proper~l:y owner, that the City regards the matter of adjustment of this assessment on a divided lot as one for the owners el the lot to adju~t. 'S REPORTS OF C~MITTEES: AIRPORT CC~AITTEE: Mr. Bear reports that the Airport Committee is still func- tioning, and will probably have some repert to make at Friday,s meeting. COMMITTEE TO ACQUIRE PROPERTY NEW. hEn FOR '~I D~ING FRANKLIN ROAD: The. corem_ ittee named to negotiate erty needed by the with Mrs. City for Mary E. wi den lng Bonduran~ for the acquisition of certain Drop- Franklin Road reports that it would meet and view the property on next Tuesday afternoon. UNFINISHED BUSINESS: The following ordinance and agin read: having been introduced, read and laid over was taken up (~4367) AN ORDINANCE to repeal Ordinance No. 4332 adopted by the Council of the City of Roanoke on August 31, 1934. ( For full text of Ordinance see Ordinance Book No. Mr. Comer moved to adopt the ordinance. ordinance adopted by the following vote: AYES: l~essrs. Bear, Comer, Powell, Ninn and the President, NAYS: None ..... 0. 8, Page 176 ). The motion was duly seconded and the The following resolution having been introduced, read and laid over was taken up~ and again read: (~?I) A R£SOLUTI0t~ to sppropriate ~$100.00 for decorating the streets incident t;o the visit of President' Roosevelt on Oct~,~,-~-~ ( For full text of Resolution see Ordinance .Book No. 8, page kir. Comer moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: ~' ~essrs. Bear, Comer, Powel!, Winn and the President, l~r. Small --5. NAYS: None ..... 0. INTRODUCTION AND CONSIDERATION OF 0RDIN~iCES AND RESOLUTIONS: ~'kLr. Bear introduced the following ordinance: (#4372) AN ORDINANCE to designate the City Clerk to handle and collect all se~er~. ~nd sidewalk assessments made by the City of Roanoke, and transfer all the records [ n relation thereto from the office of the former City Clerk and Auditor to the of- ~ice of the City Clerk and repealing ordinances in conflict with this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the City Clerk be, and ~e is hereby designated and authorized to handle and collect all sewer and sidewalk .ssessments heretofore made on all real estate in the City of Roanoke and all such ssessments which may be made hereafter. BE IT FURT~R 0RD~NED by the Council of the City of Roanoke that all records in 'elation to such assessments be, and the same are hereby trensferred from the office the for~uer City Clerk and Auditor to the office of the City Clerk and the proi)er ~harge set up by the City Auditor. BE IT FUR~ GRD~T~ED by the Council of the City of Roanoke that all Ordinances md parts of Ordinances in conflict with this Ordinance be, and the same are hereby 'epealed. The ordinance is laid over. MOTIONS AND ~JiSCE~.~EOUS BUSIneSS: PRINTING ANNXI~L REPORT~ The City Clerk reported that he had received bids from Roanoke ~rinte~s for printing the Annu~ report covering the year 1933 and first six months of 1954; that in tabulating the bids for a report of approximately 156 ~ages, the minimum cost for printing would be $1,087,20. It was unanimously agreed that Council should not authorize this expenditure at this time, and the City Mama- gar is directed to confer with the F. E. H. A. Administrator to ascertain the posai. bility of having sufficient this report, and advise at that dtrection. assistance from the "~hite Collar" workers to mimeograp the next meeting of Council what can be worked out in REPORT FROM RELIEF DIRECTOR: I.'~. T. C. Rohrbaugh submitted his Financial Repot1 for the month of Sept~nber 1934, showing administrative cost for the month of 13~, and for the first nine months of 1934 of 14.4%. The report is filed. PRESIDenT'S VISIT: The President, I.~. Small, stated to Council that the Prest- dent of the United States is to honor this section of the State with a visit on next Friday Afternoon, October 19, 1934, and is making an address in dedicating the Vetex ~Hospital. Ve~ extensive plans have been made and an enormous crowd is expected. Every effort is being made by the Committee on arrangements to insure as large atter~ ~dance ms possible; that ~.~rchants and e~ployees generally are cooperating to give their enDloyees half a day off, and unless there is objection, he suggests that the City Manager and all other officers of the City be requested to declare and make a half holliday on Friday Afternoon; that all city offices be closed for the afternoor. and all city enployees that can be spared from service be given an opportunity of hearing the President's Address. It ~'~as ~oved and duly seconded that the half-day holiday be declared. COLLECTION OF D~INQU~.~T TAXES: The City AttoE~ey reported that the Committee cousisting of R. J. Watson, C. R. Kennett and R. C. Jackson had held a conference as requested by Council for the purpose of determining Ehat procedure, if any, is avail b!e to ~h~ City for the purpose of collecting taxes assessed against real estate re- turned delinquent and purchased by the Conznonwealth for the benefit of the City, and gave as his decision that such taxes m~_ght be collected by a suit in equity, the property sold and rents collected and rents and profits subjected, stating that in this opinion the State Tax Collector, Mr. C. H. Morrisett, with whom he had discuss- ed the matter agrees, and that this remedy has been used with success in the collec- ,tion of such ts~ces in a number of cities and counties in the State. In a l~mgthy discussion of the matter, the three con~mittee members gave as theil opinion that the creation of a Delinquent Tax Bureau to prosecute the City,s tax claims ~';as not necessary, it being the general opinion of Council and the members of .~the cow~ttee tbet the collection of these taxes should be bandied by the LegeI Peps: raent of the City, however ~5-th the uruierst~nding that the City Attorney would have to have some assistance in the prosecution of these claims. The cow, B~ttee is requested to meet with Council at its Special Meeting on Mon- day, October 15th, with some plan worked out in order that such enabling ordinances m~ght be drawn as are necessary for a setup for putting the campaign into effect. · APPROPRIATION FOR DECORATING [~ilCIPAL BUILDING: Mr Hunter brought before the Council the 2uestion of an ai:rpropriation to be used for decorating the Building on October 10th, on the o~casion of the President,s visit. Mr. Bear offered the follow, lng resolution: (~4~73) A RESOLUTION to appropriate $50.00 for decorating the Municipal Build- ing incident to the visit of President Roosevelt on October 19, 1~34. ( For full text; of Resolution see Ordinance Book No. 8, Page 1..'7'/ Mr. Bear moved to adopt the resolution. The motion was duly seconded and the ~ns resolution adopted by the following vote: AYES: Messrs. Bear, Comer, NAYS: None ..... 0. Powell, Winn and the President, Mr. Small--5. APPOIN~ OF ~PECIAL request from Mr. Soholtz asking that ;,~r. for duty in the Rathskeller Restaurant; recommends the~ he be appointed. There structed to approve the appointment. OFFICER: J. that being no The City Manager reported that he bad received R. Murray be appointed special officer the Acting Superintendent of Police objection the City Manager is in- PETTY CASH TREASUB~R,S OFFICE: O~ty Treasurer C. R. Kennett brought before Council the matter of his petty cash I~And, and requested that some means be provided Whereby the present f~nd of $1,250.00 might be supplemented to $2,000.00. The City ~lerk is directed to prepare the proper resolution to supplement the Petty Cask B~md from $1,250.09 to $2,000.00 end present s~me to Council at its Special Meeting Monday, October 15, 19~1. There being, no f~ther business, Council adjourned to meet ~onday, October 15, ~934, at 3:00 o'clock p. m. APPROVED Cle~ ' Pres ident COUNCIL, SPECIAL MEETIN~ Monday, Ootober 15, 1934 iThe Council of the City of Roanoke met in Special Meeting in the Council Room !tn the M~micipel Buildin~ Monday, October 15, 1934, et 3:00 o, clock p. m. PRESENT: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small --5. NAYS: None ..... O. The President, ;~r. ~mall, presiding. OFFICERS PRESF~iT: ~. P. Hunter, City Manager and C. R. Kennett, City Treasurer. OBJECT OF THE MEETING: The President atated that the meeting~ is called primaril for the purpose of fUrther consideration of necessary measures to bring about t_mprov ed and more ag~resive action towards the collection of delinquent taxes, that before proceeding with the discussion of this Question Council will dispose of one or two incidental items. PI~ITIONS ~I,ID C C~[I.IUNICATIONS: ~J~E~d~T TO LICENSE TAX ORDINANCE: Horace M. Fox, Attorney, appeared and read before Council Section 64 of the License T~x Ordinance which places a privilege charge of $500.00, and a license tax of $50.00,on any person or corporation selling or redeeming tradirg stamps, checks, coupons, or other like things to be used as dance of purchases made. Mr. Bear moved that the matter be referred to the City Solicitor with the re- quest that he make a pronpt report to Council with a suggestive amendment to Section 64, of the License Tax 0rdins~ce, the amount of the license tax to be left to the discretion of Council. The motion was duly seconded by Mr. Comer and unanimously adopted. APPOINT~ENT C. ~. HUNTER: The President, Mr. Small, recognized the Vice-Preside ~r. Comer, for the purpose of introducing the following resolution: (~Z2~) RESOLVED, that kLr. C. E. Hunter, be retained by the City of Roanoke to assist the City Attorney in necessary litigatien and prosecution ginia Court of Appeals in the matter of salary and Attorney' s office. ~'. Mr. Small moved to adopt the resolution. · 'resolution adopted by the following vote: of appeal to Vir- allowances for the Commonwealth The motion was duly seconded and the AYES: Messrs. Bear, Comer, Powell, ~inn and the President, ~..ir. Sma!l--5. NAYS: None ..... 0. DELINQ~J~T TAXES: The Question for further consideration of necessary measures ? ito bring about more aggresive action toward the collection of delinquent taxes, was !discussed:~ at length, and as requested by Council at its last meeting, the City At- itorney presented a rough ~raft of a proposed Ordinance, m~king provision for the ;. i. collection of taxes and liens against real estate in the City of Roanoke returned idelinquent~ and purchased by the Commonwealth of Virginia ~'for the benefit of the City of Roanoke, said Ordinance providing for the employme_ut of additional personnel to work through the City Attorney's office ~ - ~ The Council directed the City Attorney to make 'or di nan c e, collection of taxes £ certain changes in the proposed involving supplementing the personnel of the City Attorney, s office for for 1932, and prior years, and present same at the meetiBg of Council on Friday, 0otober 19, 19~A. PETTY CASH TREASURER'S 0F~ICE: Mr. Comer offered the followin~ resolution: (~A~?AI A RESOLUTION to amend R~solutton No. A2~0 adopted by the Council of the City of Roanoke on the 20th, day of March 1934, entitledm "A Resolution to es- tablish a petty cash fund for the Treasurer of $1,250.00. ( For full text of Resolution see 0rdinsnce Book No. 8, page ) Mr. Bear moved that the second reading of the resolution be dispensed ~.llth. The motion ~as duly seconded and agreed to by the following vote: -75 AYRES: Messrs. Bear, ~AYS: None ..... 0. Comer, Powell, Winn and the President, ~Lr. Small-~5. Thereupon, the Resolution was placed uion its passage and adopted by the fol- lowing vote: AYES: ~essrs. Bear, Comer, Powell, Ninn and the President, Mr. ~all--$. NAYS: None ..... 0. i NOT.~ S. A. DU~,BON: S. A. Buerson appeax'ed and asked that he be relieved of ~he payment of notes now in ~he City Clerk's office a~o_unting to $~00.00, and cover- ~ng street improvement on Maiden Lane. Council '~.~as of unanimous opinion that tnasmuoh as the arrangement ~#as entered into to accommodate the property owners, that the City ~ould be unable to make a distinction in this partic~al~r case. TAX~ES JOE DAVIDSON: City Treasurer, C. R. Kennett, brought before Council the ~uestion of credit bein~ given to Joe Davidson for taxes paid by another property o~,~er a~untin~g to $36.14, and that cash for same has already passed through his .~eco~ds. He asks that he be permitted a refund in order that the credit might be ~roperly entered. ~.~r. Kennett was instructed to get a stater~ent from !,Lt. Davidson ~tating that he had not paid the tax ticket, and present to Council a resolution sug- esting the manner in which he wished the matter handled, and the ~uestion would be iven due consideratiou. MEETING FRIDAY MORNING: The President, ~r. Small, called attention to the half oliday on Friday, October 19th, the date of the reguSar meeting of Council, and ~uggested that Council meet at 10:00 o'clock Friday morning, 0ctobe~ 19th, for the Surp~se of adopting the proposed ordinance being prepared by the City Attorney in he mnterest of collection of Delin_e~ueat Taxes. There being no further business, Council adjourned ~934, at 10:00 o'clock a. m. to meet Fri day, October 19, Cle~ ~ APPROVED President C0b~ICIL, SPECIAL MEE~£ING, Friday, October 19, 1934. i Pursuant to notice at the last meeti~E of Council that the President of the ~nited States, togethe:' m'ith other prominent government officials, is to honor this Section of the State, ~d more particularly Ro_~oke, for the purpose of making an @ddress in dedication of the Veterans Hospital, a half-day holiday having been de- clared with all offices closed for the occasion, the Council of the City of Roanoke met in Special 'Zeeting in tho Co,~xcil Room in the Liunicipal Building Friday, October 19, 1934, at 10:00 o'clock a. m., insteaq of ~ o'clock p. n., the regular meeting ~,~: ~e~srs Bear, Comer, Pcb'ell, Jtnn and the I~resident, i.:ro Small --5. · The !resident, Lit. ~oma!l, presiding. City ldanager. .LI.,~..~o: It api~eari~ that a colby of the minutes of the previous meeting has b~en ~urn~she~ each member of Council, upon motion, duly seconded, the reading is dispens~, with and the minutes a=...,roved as recorded. R~,,D '~... RU'_~'¼ B R£~,LD: C ~. B~yant at, peered ~&nd presented to Council colby of report of Special CoD3nissioner, together ~ith ~o~noke County tax ticket, in the case of the City of Roanoke, vs. John F. Barbour and Ruth B. Reed, et als, sho~;'ing that the a%'~'ard of ~1,500.00 by the Cor~nissioner for damages to property was being withheld account of alleged delinquent taxes due the City, claiming that taxes here- tofore had been paid to the County of Roanoke, and that no notice of taxes due the City had ever been received, nor did his daughter, Ruth B. Reed, the ov~ner of the Drol~erty have ~uy kno%':ledge that the p~x~perty was tax able by the City. He asks that this property be relieved of these taxes and the award of the Co~.~uissioners be paid. Bear offered the follo%'ing resolution: ~: (~4~77) A RE~ov. LUTi0H directin~ the City Attorney to draw an order in the case of the City of P~oanoke vs. ~ohn F. Barbou~, Ruth B. Reed, et als, to release to Ruth B. Reed $1,000.00 of the $1,500.00 a~'~ard in the condemnation proceedings· ( For full tex~ of Resolution see Ordinance Book !.io. 8, Page /~ ). ~Lr. Bear moved to adopt the resolution. The motion was duly seconded by ~Sr. ;inn and the resolution adopted by the follo~ing vote: ~Y~£S: ~essrs. Bear, Comer, Powell, Winn and the President, ~ir. Small --5. NAY£: i~one ..... 0. DEED OF CONVEYAECE VIRGINIA HOLDING CORP0ilATION: A communication from W. P. ~'iltsee, Chief Engineer, Norfolk & Western Railway Company, with reference to a deed of conveyance from the Virginia Holding Corporation, donating a certain piece o~~ parcel of land for street widening on Shenandoah Avenue was read, asking that proper resolution be t~ssed by Council. .htr. Bear offered the following resolution: (~4376) A RESOLU~iOI. I to accept from the Virginia !iolding" Corporation a piece or parcel of land for street w'idenir~o lmgirming at the intersection of the north line of Shenandoah Avenue ~ith the east line of Jefferson Street north, and fully describ~ in said Deed of Conveyance and Plat No. N-15535, from the Virginia Holding ¢c~porat on. ( For full text of Resoluticax See Ordinance Book No. 8, page ~). Mr. Bear moved to adopt the resolution. The motion was duly seconded by Mr. Winn and the resolution adopted by the following, vote: AYES: Messrs. Bear, Comer, Powell, '~'inn and the President, ~. Small --5. NAYS: None ...... 0. DELINQUEI~T TAXES: The City Attorney presented e draft of the proposed ordinance for the collection of delinquent taxes for 1932 and prior years. The question ~.as discussed at l~gth, it being the unanimous opinion that a committee from Council be appointed to confer with the City Attorney to work out a suitable ordinance. The president appointed the follo~:ing as the Con~mittee; Ja~.es A. Bear, J. W. Come~ and Sydney F. Small, with instructions that the Co~mittee meet dur~.ng the coming week to work out the ordinance. ROANOKE ,.~.,o,.=~.,~ UGHES CG~PAhY: A letter addressed to the City Cle~-t~ was before Council, the s~ne being a reply to a request that the ;~Jater Company furnish a state-i ment showing the discrepancy between the City Auditor and the Water Company,s figures. The Council directed that the City Auditor and City Clerk have conference v,dth! the Treasurer and ~ia~e~er of the Roanoke Water Works Company with ~ view of reconcil- ing the figures and re~ort sane to Council. APPROVED Clerk President quorum not being present the at 3 o'clock p. m. COUNCIL, REGULAR ~EETING, Friday, October 19, 19~. meeting adjourned to meet Friday, October 26, APPROVED President COUNCIL, REGUIJ~R MEETING, Friday, October 26, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room in the Liunicipal Building Friday, October 26, 19~t, at 3:00 o'clock p. m. PRESE~: Messrs Bear, Comer, Powell, Winn and the President, Small--5 · L~r. . ~BSh~T: None ..... 0. The President, I~r. Small, presiding. OFFICERS PRESCOTT: W. P. Hunter, City Manager. DL~JTEo: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, ~he reading is ~disp~ensed with and the minutes approved as recorded. PETITIONS A~0 C0~S,~'JICATIONS: REQUEST TO I~E.~I'~~ TA~ES: Rev. C. £. I~IcGowan, Pastor of The Church of God, 136 10½ Street S. E., appeared aBd presented a deed dated October 8, 1931, from R. F. and Nellie Hodges, conveying certain property to the Trustees of The Church of God, ~ ~oanoke, Va., and occupied as a parsonage; statir~ that the deed had not been record.;- ed. and aski~ that taxes on same be remitted. J. S. Speed also appeared in behalf ~ of this matter, substantiating the facts es set forth by Rev. ~cGowan. The matter is referred to the City Clerk for investigation and report to Council ~t its next meeting on Friday, November 2nd, 19~. .i~ Y i~. C A CONTEST: ~m J..McCo~kindale, President of the Y. ~ C .' !i  - · · · . . ~. appear-: d in behalf of a proposed contest for its younger boys, ~I the contest to start on Iovember lSth, and to run until May i, 19~, explaining that at the first of each ~onth each boy is given a card ~hich has to be graded ~nd signed by his mother, ~chool Teacher, Sunday School Teacher, and his '~I~' leader, the cards distributed be-:~ ~ng self-explanatory. At the end of the contest a special "Boys Week" will be de- ~lared and the boys making the bext scores during the period ~ill receive honors and ~e designated for one day as City Officials, however, with no active duties in such apacities, but to participate in a program to be outlined by the Y. M. C. A. ~cCorkindale asked that Council approve such a campaign as outlined. Mr, Comer moved that Council approve the plan as outlined, the same being iuly seconded by .~.&r. Ninn, and unamimously adopted. STORI~ DRAIN: A communication from H. J. Solomon, 819 Fairfax Avenue N. E., ask~ ~ng that necessary appropriation for building a storm drain between Fairfax Avenue md iJ. oorman Road from 10th Street to a little below 9th Street N. W , be included in~ o ;he budget for the first six months of 1~, was read. The City Clerk is directed to reply to ~. Solomon that this item will be given ~ue consideration budget for the first six months of 1935. in preparing the DOGS IN CITY L~.~TS: A communication from LLrs. C. A. Staton, ~00 Delaware Ave~ ~ue, Villa Heights, complaining of a nuisance created by dogs in her neighborhood, ~as read. The City Clerk is directed to vmite ~rs. Staton and advise her that the ~tter ~ill be referred to the Game Warden who has supervision over untaxed ~or such action as he deem~s proper. dogs in the cit~ SURFACE WATER AND SE~'ER LINE: A petition with twenty-seven signatures signed by residents and citizens in the vicinity of Forest Park Boulevard complaining of insufficient drainage for surface waters, and asking that the sewer line in this section be enlarged, altered or improved is such a manner as will remedy the condi- tions not' existing was read· The potition is referred to the City Manager for ira- vestigation, report and recommendation. REPORTS 0F OFFICERS: 2EPOI'~T OF THE CITY I~ANAGER: The City Manager presented rapports of work accom- plished and expenditures for weeks ending October llth, and October 18, 1934. The same are filed. POLICE DEPARi~J~ CHANGE IN PERSON~L: Scott has been retired effective October 15, The City Manager reported 1934, and the employment that H. B. of Elijah J. Gorin as a Patrolman, effective October 16, 1934, a nd the employment o f Frank H. Nebb as Patrol Chauffeur, effective October 16, 1934. ~u~o H J SOLOI.~0N: The City l~anager reported the claim of H J. Solomon, owner of property 819 Fairfax Avenue N. W., emounting to $57.00, account of dar~ge caused by heavy rainfall on July 27, 1934, as being extraordinary and unusual, and · furthermore unprecedent in this section, and was not the result of ~y negligence on the part of the City of Roanoke, and that there is no liability on the part of the City for da~.~ages claimed. The report is signed by the City Manager and the Cit Attorney. ~&r. Coner moved that Council concur in the report, the same being duly second- ed by L~. Bear and unanimously adopted. STREET LIGHTS: Regarding the petition from property owners on Delaware Avenue asking for street lights in Villa Heights. The City ~Aanager recommends the in- stallation of one 100 C. P. street light at Delaware Avenue and Cove Road N. W. ~and one 100 C. P. street light on Delaware Avenue approximately 350 feet mest of Cove Rca d. Mr. Bear moved to adopt the recommendation of the City Manager and offered the ~.~ following resolution: ?~r. Bear moved to adopt the resolution. ~'~;inn and adopted by the followir~ vote: (~378) A RESOLUTION to install certain street lights. ( For full text of Resolution see 0rdinence Book No. 8, page 17___2__9 ). The motion was duly seconded by AY~£S: .~iessrs. Bear, Comer, Powell, Winn and the President, Mr. Small ..... 5. NAYS: None ..... 5. CITY PATI~'~TS: The City Physician presented, through the City Manager, reports of City patients treated at the Roanoke Hospital and the Burrell Memorial Hospital, sho~ing 134 days' treatmeut to patients at the Roanoke Hospital at a cost of $402.00, and 130 days' treatment to patients at the Burrell Memorial Hospital at a cost of $390.00. These reports were discussed at length and the City Manager direc' ~, ed to have a talk with ~' be divised to curtai; the cost of city patients t~eated at the hospitals, · ~ ther discussion of the subject held in abeyance until a late~ date. BEW0RTS OF COLUZITTEES: PENSION COM4bITTEE: The City Clerk is directed to ~rite Mr. McConaghy of Dr. Irvin, City Physician, and ascertain if some method m~ghl ~ith fur- the ~ Shenandoah Life Insurance Company and ascertain when he i progress report of studies he is tm_king. expects to give Council a AIRPORT COMMITTEE: Mr. Bear, 0hairman of the Committee on the Airport, report- ed that due to his physical condition for the past few weeks he has been unable to make any progress with this matter. The City Manager reported that he has writtem the present operators of the Airport that they would be subjected to a rental charge of $75.00 per month, effective as of July 1st, but as yet had not received a reply to his letter. The question of rental charges and fees for storing and operating airplanes from the Municipal Airport by individuals was discussed at length, and also the city's rights in levying charges. The President, Mr. Small, stated if there was no objection the matter will be referred to the City Attorney and City ~ianager for re- port at next meeting of Council as to what authority rests in Council to assess charg- es or levy fees, sither ~th, or without, ordinance and a recommendation as to the amount of fee to be charged. UNFIEISHED BUSINESS: ROANOKE WATER U0~S C0~&PA~: A report from the City Auditor as to his reconcila- tion of the amount and discrepancy between the figures of the Roanoke Water Works and that of the City Auditor was presented to Council, the report showing that ad- justments had been made in the books and that the accounts no~'J balanced, and that the Water Company had ~endered their check in payment, bringing their account up to dat e. The report v~as discussed at length, the President, Mr. Small, reporting that T. Coleman Andrev~s ~'~as in town and vJas expected to appear before Council later in the meeting; that the report of the City j~uditor would be laid aside for consultation with ~uditor T. Coleman ~'mdrews. ~r. gl~.dre'~'Js failed to appear before Council and the report is carried over for discussion at a later date. JA~!ITORS AS TP~'~FFIC OFFICERS AT SCHOOLS: Letter frc~ the Clerk of the Roanoke City School Board with reference to using janitors as traffic officers at schools Was read, be practicable. the school authorities being of the opinion that such a practice would not The report is ordered filed. CONSI DERATION OF CLA1ihS: T~CES FOR ~LIRPORT: An item of $~31.87 for Roanoke County taxes on the Airport was before Council, the amount being for the year 1934, the Mountain Trust Bank ask- ing that the City remit for the proportional part of the total smount from July 2nd,.~ .the date the property ~as acquired by the City. DLr. Comer moved that Mr. Bear act on behalf of Council in interviewing County authorities with a view of having the Air- :~ oort exempted from taxes, effective as of July g, 10:2M~. The motion was duly seconde~ )y I~'. Win~ and unanimously adopted. BILL FROM T. COL~,~AN ANDRE~'~S & C~PANY: Two statements from the audi_ting firm :~f T. Coleman ~ndrews & Company were presented to Council, one for SgSg.50 for sup- ~lemental examination of the accounts and records of H. E~ Mayhem', City Sergeant, ~ and the other for preparation for and attendance at trials of Jacob H. Frantz, Terry' ~.. Woods and ~Lrs. Adam M. Smith, amounting to $390.00. The bill for $282.50 appearing to be belo~ the maximum amount ',o;~_Bcil, Mr. Bear offered the follov~ing resolutiom: agreed to by (~4379) A RESOLUTION to pay T. Coleman Andre;~-s & Company $282.50. ( For full text of Resolution see 0rdin~nce Book No. 8, page 180 ). 82 Mr. Bear moved to adopt the resolution. The motion was duly sec=haled and the Resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~'inn, and the President, l,m. '.~nall ..... 5. NAYS: None ..... 0. The bill for $390.00 for attending trials was discussed, it being the opinion of Council that it was the understanding the accounting firm would be compensated for this special service. The matter is referred to the City Clerk with instruction to confer with the Commonwealth Attorney as to correctness of the bill, as to the · amo,,nt of time spent on this work and to report to Council at its next meeting. Pd~.iITTING OF TAxX !'ENALTY J0b2{ S. HERIETZE: A request from John ~. Henrietze that tax penalties for tile year 1930 to 1934 _- inclusive, on property at ll2 Roanoke Avenue be remitted was before Council. The City Clerk is directed to advise ~Ir. Henrietze to present his request in witinC and that Council will then give the matt ~consideration and a reply. ST~-~0GiiAi'HER C0~.2..0N,~A~.TH ATT0~-EY'S OFFICE: :he question of pa.yment of salary to the st enogrsp her in the office of the Common¥:ealth Attorney was before Council at the r~quest of the City Auditor, referred to Ordinances Hos. 4368 and 4~69, request- lng that he have some ruling fr~ Council as to whether or not the salary should be paid. After a recess of five minutes, the president, Mr. Small, stated that for the purpose of record, the City .~ttorney will report to Council on next Friday, the re- gular meetir45 of Council, as to the payment of the salary of the stenographer in the Co_mmon~ealth -~ttorney's office. It was unanimously agreed that this procedure would be foil.owed. ~,,'r. Comer offered the follo~;ing resolution: ,,:'~RE-..o, this Council has be n informed of the death of John J. Sheehan, a mem- ber of the Board of Zoning-: ~'G.~_~eals, and forr.~er Alderman and ~.~ember of City Council of the City of Roanoke, end 7J~~, in the death of John J. Sheehan, the City of Roanoke has lost a noble and uprisht citizen, the Board of "' ' i uonzn,.. Appeals a valued and efficient menber. ::~ THI~FORE, BE IT RESOLVED by the Council of the City of Roanoke that the sympa- thy of this Council be extended the family of John J. Sheehan in their breavement; ~that this resolution be spread upon the Journal and a copy ~ransmitted to the family of the deceased. i' Mr. Comer moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: A~FES: Messrs. Bear, Comer, Powell, Winn and the President, I.Lr. Small ..... 5. NAYS: None ..... 0. ?. [. The PreSident stated that the death of L'Lr. John J. Sheehan creates a vacancy on the Board of Zoning Appeals, and the Chair will receive nominations for the vacancy, whereupon Llr. Comer offered the name of l,.~r. C. Shelburn Spindle, the nonLi- nation being seconded by Ltr. Winm. There being no further nominations ~lr. Spindle ~.~as unan~ously declared a member of the Board of Zoning Appeals. ! The follo%:Ji~g ordinance having been introduced, read and laid over was taken up and again read; i (~4372) AN ORDINANCE to designate the City Clerk to handle and collect all sew~ and~ side%valk assessments made by the City of Roanoke, and transfer all the recc~ds in relatio~ thereto from the office of the former City Clerk and Auditor to the of- fica of the City Clerk, and repealing ordinances in conflict with this Ordinance. ( For full text of Ordinance see ordinance Book i,io. 8, page 179). Mr. Bear moved to adopt the ordinance. The motion was duly seconded amd the ordinance adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn end the President, ,'~..'[r. Small ---B. NAYS: None ..... 0. MOTIONS AND I,~SCEL_~A~fEOUS BUS INESS: CITY ATTORNEY: The City Attorney read before Council a communication from the Auditor of Public Accounts with reference to payment of a bill amounting to ~382.56,I for salaries and expenses of auditors attending trials at Roanoke, giving the opinion of the ~'~ttorney General that the City of Roanoke should .not pay this bill. The City, Cler~ is requested to return the bill in question to the Auditor of Public Accounts SHA!~ i:[[LL PROPERTY: The question of executing deed '~,'ith the i~,?.oore L~illing Company was brought before Council and the City Clerk is directed to notify Mr. Moore of the 2.~oo~-e ~illi~. Company to be present at 10:00 o'clock on Monday the ggth, day of October, in the City Clerk's ofi'5, ce, prepared to execute all papers and make pay-. taeng as called for in the deed. DELINQUEi~£ TAXES: The Question of delinquent taxes heretofore discussed, ~Jas again before Council and LLr. Winn introduced the follo~h~ ordinance: (~4380) AN ORDINANCE to ~nake provision for the collection of taxes and liens against real estate in the City of Roanoke returned delinquent and purchased by the ~ommonYJealth of Virginia for the benefit of the City of Roanoke; and to collect de- ~inQuent personal property taxes due the City of Roanoke; to collect past due sevJer and sidewalk assessments and street improvement items, end any other indebtedness mud .items that may now be due the City of Roanoke, or may become due the City of ~oanoke in the future, no ~atter ho~ items may be evidenced; to authorize the crea- ~ion of a DelinQuent Tax Department of the City of Roanoke, _and provide for its Der-i -~onnel and the oDeration of same, e~c. :" The ordinance is laid over. ~L~2~DD~,E}.IT TO SECTION 6~ of LICF2~SE TAX ORDINANCE: The ~mtter of amending Section 5& of License Tax Ordinance was discussed, the suggestion bein~ made by Mr Uomer ;hat ~hatever Council may do in the matter be first given consideration in the form ~f a conference with the Secretary of the Hetail t'.~erchamts _~ssociation. CGLP~.~.~IS~TION B0~HD: Three letters from E. R. Combs, writte~ llOl~lCe' card were read before Council, givin~ ten day~ '~l~ill meet in.its office in the State Library BuildinE, Richmond, Virginia, for the .~urpose of fmxing the sala~ ~nd exp. enses of the .~ttorney for the Commonwealth of Chairman of the Compensatio that t'~ :.e Compensation Board ;he City of Roanoke at 10:00 o'clock a. m., on the 9th, day of November, 1934; for ;he Commissioner of the Revenue on the 16th, day of November, 1934; and for the reasurer on the 23rd day of November, 1934, each at 10:00 o'clock a. m., for consid- .~ration of this question and to report back to Council at its next regular meeting ~n Friday, November 2nd, as to ~vhat actio~ should be taken by Council on behalf of the ~ity in the hatter, the President appointed the follo~ing members of Council as a ',ommittee to take such action as they deem wise, and report their recommendations to ',ouncil: Messrs. Winn, Powell and Bear. 'Mr. Winn, the Chairman of the Committee, directed that the City Clerk call a ,eeting of the Committee at 10:00 o'clock a. m., Thursday, November 1st, to be held 8'3 in the Council Room, and to notify the Attorney for the Commonwealth, The Commtss er of the Revenue, and the City Treasurer to be present. SE~ER ASSESSL~NT H. G.R~BERTS ADDITION: The question of remitting the sewer assessment on property known as Lots 22 and 2~ H. G. Roberts Addition, now owned by ~Luthm' Wray, was again before Council, former City Clerk and Auditor, P. Hill 'a~pearing and explaining how incorrect information as to the assessment might have !been shown by the lawyers abstracting the title. Mr. Bear stated that in order to ~'get rt~ o'~ this matter, he was going to move that the City release this sewer assess iment, and that the records of saSd assess:nent as sho~m, be released. He offered the following resolution: (~Sgl) A RE~0LUYION to release ~he sewer assessment against the property of Luth~er ','ray amountin~' to $6~.01, with interest of $~.E5, maki~ a total of $105.26. BE I~i iL~JOLVED by the Cotu~cil of the City of Roanoke that the sewer assessments against the property of Luther' Wray kno%~n as l~ts EE and ~5 H. G. Roberts Addition and standing in the name of W. L. and T. Bridewell amounting to $6~.01, with interssl of $&J.E5 be, and the so~-~.e is hereby released and the City Clerk is directed to ma~e such entries on his books as ~:ill carry into effect the irovisions of this resolu- rich. iLr. Bear _~.~oved Zo adopt the resolution. The motion ¥:as duly seconded by Lir. Winn, and the resolution adopted by the following vote: A?ES: Llessrs. Bear, Comer, Powell, Wi_un and the President, i, lr. Small ..... 5. NAYS: None ..... 0. PURCHASE OF DOCt-LET B001LS: The Clerk of the Courts appeared before Council and asked permission to ~d~e requisition for two Docket Books for use in recopying re- cords in his office, which ~'~'ou!d be done by Fv~A "White Collar" ~nployees. He ~?as directed to ~ke re%uisition on the ?urchasim5 Agent, and ~urn over to him such bids as he has in hand, and ~hat authority be given to purchase the books at a price not to exceed his present appropriation of more than ~65.00. P~Y~..;E~£ OF 0NE-'~J~LF COST OF ~UDIT BY STATE: The President brought to the atten- Sion of the City ~ttorney the matter referred to him as to the Co:'muonwea!th bearinE onerhalf of the ex~ense of the Audit conducted by the State Auditors of the affairs in the City of Roanoke. The City Attorney reported that he had been following up this ~tter, but as yet little progress bad been made. VOTING LiS~': The President brought before Council the question of members of Council working with the auditors, T. Col~an ~LD~lrews ~ Company, a request having ~been made that a e c~.~mittee from Council confer with his concern in looking over the ~exceptions,, and give h~ benefit of their advice and kno~:ledge as to names improperl ilisted., on the voting list, and na~s not on the ~oting list who should have been in- .~cluded. As members of this committee, the follovM_ng members of Council were appoint ed: L[essrs. Comer, Bear and Winn. ~ LICENSE: The City Attorney is instructed to draft an ordinance paralleling the new state la~ ~ich requ.~es retail ~rchants to D~ay a license based on their gross :sales instead of gross purchases ~ he~etafore. ! SIi,~¢2NG FUND: The City Clerk is instructed to prepare and presen~ to Council at ~ts next meeting a resolution providing that two mt~n_, bers of the Sinking ~und Com- ;~!ssion be present in every instance when access is had to the safety deposit box holding sinkin~ fund securities, and that a separate and special lock box be rented for this pu:r~ose. T. C. ROHRBAUGH: T. C. Rohrbaugh, Director Emergency Relief Administration, ap- peared before Council and l~esented a communication, together with statement, reques' lng a supplementary appropriation of $300.00 to enable him to carry on his work from October 25th to the 31st, inclusive, the present appropriation having been exhausted, amd asking for an appropriation for November of $7,300.00 for his Bureau. After a liscussion of the matter, I~r. Comer offered the following, resolution: (~4382) A RESOLUTION directing the City Auditor to dra~ a warrant to the Social Service Bureau for the sum of $?,300.00. ( For full text of Resolutiom see 0rdirmnce Book I~o. 8, Page 180 ). Mr. Comer moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: A~ES. Liessrs. Bear, Comer, l"owell, ,,%~: llone ....... O. Winn and the President, z.~r. Smmll - o. HALL0'~S£~N: An anonymous letter ~':as read before Council asking for police protec- t;ion in the residential district on Halloween nig~n.t. The President, L[r. Small, stated ~hat while anonymous letters would not be entertained before Council that he had been ~pproached on fotu~ different occasions by residents in the City of Roanoke on this same subject, snd asks that the City Manager confer with LLr. Heckman, Actir~c Superin' tendent of ~ol.ice, ~ith a vie~J of using ~..' R ~. . .~. workers as special police officers In Halloween night in an effort to prevent vandalism and destruction to property in he resm~ntial district. Mr. Hackman vJas present and stated that he proposed to use his entire police force that night which would include motorcycle cops, cruising ~ars in th~ residential district. STEEL SPANS: The City L~.anager reports that he is negotiating with the State igh?vDepartment for the sale of one steel span from the old Franklin Road Bridge. He is instructed to continue his negotiations vd th the H~-~h~':ay Department vM_th a view o t ading this span for road materials to the value of ~vproxi~.~tely $250.00, or an ~utrmght sale of $150.00. The City Llanager also reports that the town of Vinton is interested in a proposed bridge over Tinker Creek at Wise ~-~venue, and he thought hey ~'Jou!d icay half of the labor cost, the cost to the City being ~2,1£5.58, which ~Jould provide a short right-of-way to Vinton over this route. He is instructed to ~ontinue his negotiations ~vith t~.e Vinton authorities and rei~ort to Council. RUTH B. REED: The City Lianager presented to Council a blue print showing the 'esult of the survey of certain acreage on which taxes have not heretofore been col- acted by the City; the sur~ey reveals that out of the five acres in question 1.~ ~ cres lie ~'~'ithin the city !i~Ats, taxes on ~ich have heretofore been paid to the ~:i ounty. He reports that the ~_~nd books of the City of Roanoke have been corrected. ~he City L~anager is also instructed to confer with ?.Lt. Plunkett, ~ttorney fox' ~eed, and request tlzat he confer with the county authorities with aviem' of having ~his erroneous assessment refunded, and that a copy of the blue print be turned over ~or correction of their land books. There being no further business, Council adjourned. aPPROVED ' ~TT ~~i: 86 COUNCIL, REGULAR MEETING, Friday, November 2, 19~. The Council of the City of Roanoke met in re,gular meeting in the Council Room the 2 o'clock in the :.:uniclpal Building Friday, November 2, 1934, at 2:00 o'cloc~hour being de- sig. nated for a hearing ~.'.'~ the question of ar:ending the Zoning Ordinaz~co. z~o=,.~: :.~essz's. Bear, Comer, Powell, ~'~znn and the President, :.:r. Small .... 5 The President, ][r. Small, presiding. City Manager. ,..~:~,'"~::~.=.~: It al:i:earz:~g' - tba. t a co?y of tl~e minutes of the previous meeting has been fur:~is!:ed each ::.ember of Council, upon .motion, duly seco.::ded, the reading is dis~.ensed ~-;ith and the ~_:i.:utes a~y,-:)roved as recorded. The" "-. Small, _*'resident, :.~' stated to Council that ,:~ee~ of Council had cee, called at 2:00 o'clock to consider the request of :.".rs L .~. Barbour to ..... ' "'' - · ' ~.,ena the ~.on~n~ Ordii:ance, c]ia::~i~l~ certain_orou~.ertv_ ~ fro~.~ ~i, ecial:' iiesidence to Business District, and that due notice had been given by pub!ishinc sa:::e in a :~e~.o~..~.ez of vhe City of Roanoke in accordance with .,ztzcle Y.1, Section 1, of the /.onin~ Ordinar:ce, to hear ~ ~.~. citizen or others who ;nay r:ant to be heard in tile ""o~:.:osed ohan~e The report of the Board of Zoning ~peals, , . . ~" ~ 20 21 ,:2 . P ,'i!tsee, ~nair~.mn,~l,:aS.read, reco~m~e:~a~n? that Lots Nos. 18, 19, , , and '~ ~iock 15, Crvstai S'~rin~ Lm~d ~ ...... ~-' fronting on the east side of Franklin Avenue and on the southside of ilcClanahan o~ree~ and e::tendiug sack to the alley, that t.~zs Proi-:erty is .more suited for Business property than Residence "- -: ~ne Zonins: Ordinance 0e o~ . pro?erty, and ~ ~-.ended coverin~ this c~nge :lr. Comer moved t ..... ~ .. ~ ;~ i'~ the absence of any objection to this pro_retry being c::ancec: from f-'.esiaence to _~uszne '~. property; that the pro?er amenS~.:ent to Ordinance prepared designations the property as Business D. roperty. ,.,z. ~o.~er offered the following ordinance, seconded by' . Po¥~ell: .~.. ~,--,u..,_,...-r.,u= to a~nd ~rticle 1, Section 1, of an ordinance adopted by the ~.-~" : "- '~' ~ ~ ~nczi .of t-.~e ~zty of ~,oanoke, Virginia, on the 50th, da[.: of December 1952, nm;,bered a08o, a'ad en~it!ea, ',~m Or~zn~,~ce to divide the area of the City of Roanoke iinto districts,~ to establish '0u_lazn~~ '~' ~- lines, to regulate ~d restrict the location, ~erection, construction, reconszruction, alteration, repair or use of buildings and "other structures, their height, area and bulk, and percentage of lot to be occupied i. by buildings or other structures, the size of yards., courts and other open spaces, and the trade, industry, residence and other soecific uses of the ?remises in such districts for '~ --~ ........ ~a comfort, orosperitv or gen- ~,,e i;romotion of health, safe~., ,~~, _ ~ , erai ',':elf are of the City of Roanoke; to provide for the chance of bo'audries, re- gulations and restrictions of such districts; to provide for a Board of Zoning i'eals; to provide *"' -- "-"" · o~ e,~zorcemenZ; to prescribe i~enalties for violation of the pro- ~ ~sions hereof." Li~E:-~.AS, a ~;etition ~,,as filed by the or;nets of the property fronting on the Easz Side of ._ran.~lin Avenue; on the $outhside of ;.:cClanahan Street and extending back ~co an elley- s~id -', .... ~ ' gl 22 and £3 Block 15, , ~r~..,eru~, being lots 18, :9, 20, , Crystal S~ring Land Company and designated on Sheet No. 105 oz'" the Zoning Map as lots 1050106-1050105-10bOlO4-1050103-!OSOlOZ and 1050101, asking that said property be chan~zed from a Special Residence to a };usiness district. tho notice required by ,~rticl~ X1. Section I, of said ordinance has - -' :, a newspaper publist~ed in the City of :~^~,noke been iJuo!~shed in the "World-Nev~s" ' ~C~ for the time required by said ordin:,nce, and was giveu on the 2nd, day of i~ovember 1964, at" ' ~ o clock. p. m., oefore the Council of the City of Roanoke, in the Council__ ,,.~,.~:~" ia the .imici~al Building, at which hearing no one appeared m~d no objections ~ere presented bl,= per- sons who were requested to file their objecti ,ns, nor were any objections flied in ~=i[EI~F~RE, BE I"f ORD~QIi~ZD by the Council of the City of Hoanol:e that .,rticle 1, .~ounczl of the Cit'~ of ~-" v~ .lo~no,e on the 50th, ~eczion 1, of an Ordinance udopted by the ~- ~ ' day of De~ember 1932, nu:.:bered 4083, and entitle, "An Ordinance to divide the area of the City of ' ' " _ Ro'-~m_o~:e into districts, to establish building iiues, to re~.::ulate and. · ~ ''~- reconst~'uction, alteration, -~'e~air or restrict the location, erection, construction, _ use of bui~ '~ .... ,,el~:~, .... ~k~-la~ ~I1¢1 ot]~er structures, their ~'':-'~'~ az-em and bul~, ~na :.ercenta~e or lot ,~o be occu~ied by bull"-: S r ' " _ ~- _ ~ _~m..,,s o other structures, the size of ~,ard~, courts r.a otker o'_~en o!}aces, and the ~ .... de industry, r~sidenu~ m.~d other s-:)ecific uses of the rremises in such districts rot the ±~romotion of health, safety, moral.s, ' -- _suc,: districts; to ~..rovide ,_or caa,~e oi' boundr[es, regulations and restrictions or -. '- ' ' ~ ~ ' _ · ~ ..... [~; Zo -c:ezcrzo= pen. ±t._es for a ~oa','d ~i' ~onin~ _,,p,=ea]s, zo ::zovidc for e;~forc~-~'' ' _ "~ ' ' o_=tio]'~ of th~- _ - ' "be '~':e::ded in the folioxJin~: uarticuiar and no other, vlz; ~zon.,zin =,venue; on the Louthside of The pi'cluett~, fronting on the East Side of "-'' ~,-:" ...colanahau otreet and e.:te~,ding back to an alley; s~,_a property being lots iS, 19, and 23 Block 13, Crystal ~)ri~j L~nd Co..=~an~. and desi~:nated on oneet .. uu!O2 and l~ouiul, ,~'oGl04-1OSO! 03-10-' ~' ~' 105 of the ,,~oning flap as !o~,: 1050!06-I050105-1~ _ ~. _ :~' _ _ ; ~ and the be, and is hereby chang=ed from a Sv~ecial Res~aence to a Bus,ness D_~_._ct, roam herei:~ refe~':-'ea to shall be ...... ' .... . _ - ~ cnan~u in' thio respec~ 'fhe Or~.-.~'~' id . ~,~,:.~,.~e is la over ,.-DVM~C '~' '" ....... ":~ ~ ' .... - · ~ TO SCiiOOL Bo',~_~lu: i';. =. idazelgrove, ~,,=~i:a~n o~~ the School _~oard, ap- reared and asked that Council advance the Schoe! Board ~5,000.00 to be used for su.:,ervisorv costs ~na incidental '_.uater-"-~ ~ '- ~ ~ =u,s in order that t.,,.e School Board carry out a pro:2osed progra~.~ of repairs m~d i.,ainting certain school bui!dixrjs x':ith- in the_ City, _voint~n~- ~ out that ~anv. of the ~,'~~:'-s~,_~ are badly~ in need or_ ext=~ive ~'e_--,~.~ -~ ---o, and called ~vmrticular attention to repairing roofs or_ a nLu:'.ber of buiidin~s~ , _ ~u~z~n=a the~ by the stating that the schools have a %uantity or material on hand ~ ""' ~' ~ Federal ~o'-' ::,erm,.ent~'~, and that the repairs contem-oiated_ ~'~'ouid be do::.e by f~Pee labor u!lic'~,, _-:' s nor,.' av~,_l=om~. :r :.a~ez:.:rove ~':as oz" the o i-~' . ~ : x~on if the Cz ~ did n utilize this free ~'..~.-~terial and labor at this time tl,at there ¥~as a possibility that this raay not be available at a later date, and that thc City's cost for ~nese nec- The P-'e~ident,~ :.ir. ~,.~="-',~=~, in a discussion of the ..matter, stated to :.ir. ~,=-=-e!-.:=~ grove tl:.at accord"2_n,, to his understanding, the School Board. _has in the 1935 an ite:.: for ::aintenance, and Ymnts the .~5,000.00 advanced and charged against the b.u. dget for the, s..~cia! apr, ro2~riation carried in th~fzrst six :~.ontns of 1935 it ~,'as stated that this interpretation %'sas corzec~, and by~'navzn~' '- t:~s advanced a-o::ro:riau-o[~__ _ of ~0,000.00 now, would give the School Beard the benefit of from fifteen to twenty thousand dollar,~, by using the free xmterial and labor, the City havinj to furnistl only supervisory labor and incident~L material. after a five minute re~ess, the President stated to ..~. Ha:,:elgrove that Counci w~ of the o~inion tha~ the Ochool Board should take ~dv~at~ge of the ~.mterials ~nd free labor, and _~-roce~d ~ith the con~em~ia'~ed read. air work at once, ~nd tha~ a re- solutio~ would be offered by Council making this advance a!:i~ropriation of ~5,000.00 ~' said smoot to be credited to be expended for ::~terial and super~sory labor on~y, against ti~e ~chool "', ':',' ''." oo~"d's ,.,,pro=~la%ion for the first half of 19~5. i~. Bear offered the follo¥~ing reso~uti.n: (~408~) ,~ R_o~L~_z=,~. to ~dvunce the ochool Board ~0,000.00 for materials and su-~:ervisor~ labor. For full text of Resolution see Ordinance Book No. 8, ~'age ]~_~/). Bear moved to adopt the re~olution. The motion was duly seconded and the ..~zl E. L'esselis, President of the i{oanoke County '-~--i~ ~'~t~o:i a~- eared and-.~',rese_'.~ted to CouncL1 a letter, · - o. a jro3osed o~dz:~._ce restricting the sa~e of Pro!:hy!act~cs and Son- _ =1,-ir.,'3 Oki% ,~huL az the v~,resent ti:.:e %fils ~.ler- trace-'~ives~ in the ~it~.,? of i;.o~noke, _'o-~i' ~__.~ _ cnan..~kse _,s bei:-~6 y~edd!ea Drc~.iscuouslv. on the streets of ~tuai:oke. ...~. near Loved that the :'.rotter be referz'ed to a co;-~itte~ composed of the Cit ~,,~"~ ...... ,.j=r__, C~_ty kttor:'~ey and ,~iZy ~._eal~., o. fficer. %'he motion was duly seconded and referred ~ aga~ Rev. C. ~,. :.c,~:ouen'? ~ · '~ , ~-astor of The C.~zurcn of God, . ~==~,'=a in the inZerest o-· -~ re:.:ittin;~- .... ta.,,es on ':~ro-oerty at 136 - 10~'; Street S. ~.,. occu.:.ied_ as- a }ars~n=~. ..... in this connection tile City Clerk reported the taxes were __~ . ' +~o+ the f. roperty did not .~ass into the haud., unpaid for t;~,~ '.:ears 1931 to date, ana ~:,_~ ~ of '/he Church of God until October 8, 1931, the total ~ .... ,,~ _ _ ~,..~_,.~ of taxes and oenalties ~' . ' '"' ' i:': cludin~ for the ~our -;ears zo date being ~49.05, the a,..,o,..ut for 1931 being ~.~15.!5, _. penaizies, ieavin~j a balance a he ~ue t city of ,,~33.90. 2iev. i.[cOo¥~an was told if his c:~urch v~ould atzend to the La:m~ent o~ the 1931 taxes and pe~mlt_~s that Zhe Council ~'~ou,_~ be a~_s3osed to r ~m. it the taxes for 1932,and subseo._"~en~ years. · letter from" :~ Turner, }'resident of th~- Dixie Finance & Loan Cor-ooration_ ¥~as read before Cou..cil co~.olaznz,,,-.'-:. ' ""S of des- trucz~_on .o~_ ~jro3erty o~ van.:~a!s at 1301 and 1303 Wise Avenue, and 305-16th Street. ,,iVh zhis co:=..unication ~,'as atv~ci,ed correspondence exchan~sed betu.'ea:~ the Police De~ ~..~en~ ~::a- ' the ~o.~om,.ealth ~ttorney. i,~r. Turner suggested tbmt ~'~,,~e Police Force is ~nadequate for the ~.rotection of his property, and asks for relief. The "ity Clerk is instructed to notif'? i.lr. Turner that this :,,at,er has been referred to the City i2ana~ger for attention and such assistance as the Police De- ~:partment can render; and further that he ,,as '~ the i~rero=~--~=~zve of iss=~no a warrant ~against any va:=dals, or any other destroyin~ his aroperty, ~d that the matter will - be ~orosecuted .... ~ o,; ~.ro-cer officers. ..... '- ., . Parade Chair~n, of the "Santa Claus Parade and ~.r~o~.=s Pageant" was oresented to Council The President, 'ir. Suall stated that he had also received a similar conz:un£caDion from Il l.lr. 3crson, and had already :rode reply, and with the approval of Council, the City Clerk is instructed to reply to the cm~unication and state that the letter written by :dr. S:..mll also represented the answer of Council. AIR!'0HT: k conuauaication from Clayton Lemon and "' ''~ _ ~Ia.,K Reynolds, o~erators of tl~e l~oanoke [~unicipal _~.irport, addre~'.~ed to City ,.,ana~er ;uunter, was before Council - stating they would be wi ilin~ to pay a ~,,on~:~ly ren~a] ~har~ie of .~5.00 for the Air-~ port beginning as of i:ovember 1st, but asked that Council hold in abeyance the ques4 tion of accumulated rez~t. The City [,.anager is requested to ' re~. to this let;er of i.uvember 2nd, to the extent ~hat Gouncil does not accuicsce_ in theirO'r_.~o' _-~osition~ and gb~t the ',':ill be subject for further conference. The =-reaident~" asked if a ref~ort fr~.:~ the -,iri;o~'t '~o,~,:~tee' ~''- could be exi:ected by _~..rzdav," ' ~ l~ove~ber 9th, and :'~s advised bM ,[r. Bear, the gl,airman, Vhat the revort_ , ~,.~.,zttee :';oula advise ~s to could be expected, ~'~ith further reservat'or:s that the ....... ' ' ~,.e matter ~,. . Actuar0 of the e~o~.c Council, ad':isi,~ st:at i~ would ta,:e Shenandoah Life insurance CoI:ipally, was b ..... ~ .... ' ~ about t~;o ~veei~:: ~o co:.'olete kis report for Council, say until i~ovembe:' 15th. 'fha co:.uaunicatio:~ is ordered filed. ~_.~.~:=,G~'-'" .... ~ :., o,~_~,~:~ :~.. .... -~r~_~,..:. ~ letter fi'ola z,'ra:IK ~., Jamison advi~ m~,_ _ tlmt n_s ccr.- :: ~':m;~Y '~=di)~'-~ced'- ,~!0,0O0.O0 fire insurance on t;~e ~rzch b~;~!a~,<~ occ~,;:=ed by ldoore '~,~----,~-~'~ effective as of October '~9 1934 the date the deed was executed for ~zt: of Roanoi-[e. u,~ s~.le oy the '~' ' -'-, -' ' . '_.ue_.:~ber of tile l:ouse of letter ~o,.~ ',,'alter ~; Scott, ,_. ~..0 '~ Delecates, enclosing a proGra.':, and callin~ a~'~ention to a -~ies o~ lectures on ...... - er:z,~ent s~,onsored by the ~rm_~ittee'~ o:~ Civic Education of the ;,=ti,-n"~- ~ _,dvisor~ ..... ~ouno21 on i~adio in Education and the ~mterican Political Science .4ssociatio~, in co-o!.,eration -¢~ith the "ational ':unici~al League, was read. '~ The Clerk is directed to acka~ou'ledce receipt of the letter, and expre:~s the ap- ?,~eciatzon ......... and interest of Council, ~n having this ~ro~.r~ br~ to ~'~neir .attention. ~-~,.tT~ '?0_ Ul'~ of~m~o." '~ ~-'~':-" i~ ai~i:,lication from the Roanoke Gas Light~o_~io~n,,,, for :~'~ '0er:::it to o can street, Church ,~venue G E , fro,:~ 13th StreeZ i~; to 100' to a dead end ~':as before C~-~c=~.'- The a-o-oiication__ is referred to the uz~y~'~ -'.:an=~"-="~ .r;i' th 'Dower to act for the best interest of t~,~ ~ City. . :.~aoez, presented re-oort of vJork ac- ,- ~' ' ' ' ~D~i1. co~.~,wl~sned and ex:.end~tures fo~'~ week ending October o~=, The same is filed. ' ~.,on~,, endzno Sei)~ec~oer 30, . i:olice Depart~nt and Police Court for the '~ +~ ' ~ ~' ' ~ "; 19~ Ti~e same is filed. .... .-','~ ...... . ~,~ co~u-'~:,liance with 0r- ~,~:'==.~:?z~ ~ C~..LiiT~o. The City, Manager reports tl~z '-, _ strazo,~te~ >"ranklin Road from dinance i~[o. 4360 declaring it necessary to ~iiden m~d · "-:~ " Roanoke itiver to the South Corporate li~.~izs, and ap~.ointing i.:essrs. Comer, 'Ji:m and~ H~ter as a co~m"~ittee to confer uith i.[rs .... ary E. Bondurant for a strip of land 10 x 100 ft. and containg 0.024 acz'es more or less, located on the S. W. corner of -Bent: =~- "' said parcel of !a~ ilo :~nta in Road in Roanoke cowry, Virginia, and ~.z~.l~n Road, ' ' luj being shown on ~'~-' . , ...==~ and Plan !]o 1855-2 on file in the office of the C'+'' Engineer. The Co~;uaittee wishes to report that they were unable to reach and a~reement ~', zI~i,~.=i~ Road The re~_or~ . irs. Bondurant for Zhe l~,~d needed for t~' · _ '89 90 signed by .2esters. Comer, '.,inn and iunter. LI'~ FINI on.~D The question of i:ro~x~rlnC an Ordinance for iderchants' License parallelinc the neYg State luw ::as ~,galr. before Council, the City -.~tt°rney presentind-' rough draft of a ?ro!~osed ordinance covering this question. ~, co~m~unica':ion from the~o~m~is~.~ioner '~ of .:=~'~'=-"e~.~- , to~ether with a statement or table showin~:._ sugL~estivo sc:.edu!e of rat. es for the new merchants's license was also before Cou~lc~l. .~ discussion of the question resulted in the a,2 ointment of a co;m~ittee b7 ;ire [zz. esident, the co: .... it~ee ai)~ointed bein~ ~. ,,. Co:::er, John ... [:art, Com.:isaioner of ~2~evenue, the~.~"'t,~, ~t~ney,''' and the ~resident, ..r. ~;uail, 2t was stated ti~e co;.~._~t ~r;ould meet at an e~_~ date for the i~ur~..ose of draftknc the ordinance for ~Jre- se;.tatlo:', to Counc'l. :.:un, cation rrom the City .',ttor'ae7 wi ,t, reference to pal,'inj s~l~., of the s~e:~.o~:rai::he~,' zn tile - . ~-ot.-'~. written o_.inlon t]~e City .~t~or:~ev's office was before Go~;~cii, and in a 1"~ .... :'" ~,ttorne7 s~-id "for 'tie above reaso:.a i ~.n of the opinion that the claim in question skouid be Comer ~n co:. e::ti?c on the :rotter, stated t~at "based on t~'~t ooinion, he woLgdo~:e:- .... a :noZzo.. ~~,,:at the o~'t-.'- . ...~a~oo."'~'~,'~ be directed to ~r~..' ',' a war_a.~"' ~ for ever is due the s ...... -' ,. :~.~ ,,e s ~1. , ~ ~,=_..~ra .!_er ~' u the Co:?..~on~.-ealt~'~ '~'-or ' '-' '-~flce +a ~cd on the a~':ard of the .~^oun'=,, the ~ts.- to i',.) its _'ro~..o~_ ~_.onal fart, this bein~o one-.half of tie _~.~,~,:!... salar7 ~ the st~.~ojr;~£.ker " . ~omer offered ,he roilo~vi.~_ ..~ r~sc)]"~ion'~, . (~4385~ =''-'.'"¥"" ...... :'~ ~}, ~ ar of t'~ , ,~ _,._~._~..~:. to~-.. ~_.e sa_ --, ..e ~teno~:'ra'~:her~ _ in the office of the ~orzaon¥:eal. tk" ,.t'torneT. for the '~itv~ . o~-' Roanol:e, .,o. 8, ( For full text of Resolution see Ordinance Book ~ Page ~o:..e~ ;.-~oved Zo adopt the resolution.. 'The motion ~';as duly seconded, and ad- o-Dted by ~.~,~_~ fo!lo~.;ing vote: ~-~.'"r=' ilessrs. ~e~:: ~-~, -Comer, Zo',';e!l, ',.inn and the ~'~-re~mae~,.,~': ~ ".~. S:.~ail .~. The City Attorney i:.r~sented to Counc-'~i a letter %,ith re- 'ference to certain stei:>s taken to recover from the State a portion of the costs et- ~z~.~_._~,.,~ the re~e:..~" audit oz the accounts of the City ~reasureI ~.'.na. other officers, letter from .l-overnor i:eery, attacked to the Cit7 AttorneT~s letter, states that he e does not t'~.i ,~,_ zi-:e ~ta~e should ,-.~. any 2art of the cost of the :~o~no~,e audit, other t'-~'n~.~ cert~''_mn items of ex>ense _'~:'eromz,,zn~g to the resulting caaes. '£'he matter '~,a:s discussed at iendth, it bein~d uncnimcusl7 a2'reed that the re- . oO~,~c_l and filed, aha t I~= t a ,.,Ol:.~ ~t~e ~:ort o,_ ~n~ 3it~, Attornev be acdepted b-; '~ .... ' .-~'t ~ _ . ara~ a re?17 to Governor ?eery's letter i~for fiual action of the Council, and asks that the City Atuorney sit witi} the ~in the drafting '-~ o~ the res. iy. ~ _...~ ~ui{ ~~i{~: [.~ ~ear t',~o ~as des~ ..... " . =~.~Zed to co;'~fer ~:ith the Count~ .authorities !ooi:in~g to~';ard the ~-:aving and releasing of their tan rig~hzs on the Air- !_z,o:'t ~.roD, erty, read into the records the ,ollowing. ,, "Havin,-.j heretofore been ai~2ointed by Com~ci! to take up ~/ith tke authorities ~of 5~oanoke Co'~tv the waestion of Roanoke County x.'evi~S and releesi~ their tax ~ ' ~..=s on what is kmo~':n as the ~'"" ~rights ~o current taxes, o_.a i'uzure ~ v~,~,.ad~,, ~'arm,- now being used by the City of i,,Janoke cs a public airport. ! havu considered t.~is matter and consulted with the authorties at' Salem and find that the Board of ~upervisors of said county will not :leet until the third :.monday (~hich is Novei'~ber 19th.) At that tiz,e i '...ill appear before the Board and present the question at issue." BILL T. C0~.~,H, M,DRE~ & G0~.]~_. The Czty Clerk reported to Cotmcil that in conference with the Attorney for the CoT:u.OlU~eal~h it was ascertained ~hat the bill from T. Coleman ~'mdrews & Company for ¢~90.00 for attenda:~ce at trials of J~cob ~:. }~'~'antz, '~'erry L. Woods and ~:rs Ada i2. ~-'-m~th %?a, · ' . ~,~ s correct insofar ~s the t~me listed · ~ · ~,,e trials. The C' " ' and attendance of f~rm ~..e,.,oez~ at ~-~ d~re tea · er,. is _ c to for~,:ard ti~e bii~ , together ~.,-itk comy of letter '.'re,mi .3overnor Veery, to the State Auditor, and state "'~ ~ tn,~t i~ r;as the m~derstandlng of Council that Vbis m::o~.~ i~' l~roperly payable by the ~tate in vie',; of the letter fro>.: tl~e Governor. The ~ler~_~-~, directed to addr,~ss a letter to before ,~t[..: Counc':l .... ~'~'~- water bill %uestion, and also u~e question next ;:'"':~,-~ ~.ove::;oer 9th, to discuss of setting up zhe oinking /und The follouinC ordinance have~.,~ been introduced, r~u arm laid over x.as take:. and again re=re. 450 ¢=: ........ to mt-ke :,zovisio:, fo~ -": .... ' ,~,,..,_.,,~_,,~,_, ~..,~ collectio~ of ta:.~es cna liens ~,~inst real ~,e.:efit o~ . _. ~ ti~e Cozl.'om;ealth of Virginia for the ~' "~ ~ the Cit--~ of Roa,,ioke; and to co~lec* ~ ,~ ~no,~.:; to collect ~ast due de~nquen~ oers~nai ~,.,ro!.erty taxes due the City of Ro" :-c _ set;er anu '~ ' and any other in- ' s._de~'ialk assess:.:enzs and street i'_.'::.lrove: ~.~,~-.'-~ _"h~ei.~s, debtedness and items that may now be due the ,~ity~ of z~:~noke '-' ~. in the future, no .:: ~.~auter how items-':a,r be evidenced; ~o authorize ~e creat~o:~ a Delinquent Tax ~ .: Depar;ment of the 3ity of ~oanoke, and provide for its personnel and the operation of same, etc. {For full text of <:rdinance see C. rdinance Book No. 8, page / gl ). . ., hou~ ~,'as auzv seconded by :.ir. :.~! Bear moved to ~,~u~,u the ordin~_ce. The " Will, and the 0rdilmnce adopted by the following vote: ~,_~o. l.lessrs. Bear, Comer, ro~';eil, ,,inn and the ..--resident, llr. Samll !'zie %uest o:i of .... ' .... ~ .-'~ Re ' ~4 :~I_i, ur:,~~ a so~h~o~l },rovidinG for t%7o members of the jinxing Fund.Co:~tssion be present %';hen access is ,,~d to safety Deposit Box was a6ain befor~ Council, ilr. Ui:~:i offerin6 the follo¥;ing resolution: (F4386) i~ 2,,.ou,.u~Iu~, directing.' timt two member's of the ~inking Fund Conrzission be present at any and all times ~ihen access is had to the Safety Deposit Box con- t~zriin~ oinking ~und securities. (For full text of Ordinance see Ordinance Book Ho. 8, page : :.ir. t'[inn moved to adopt the resolution· 2'he motion ~'~as duly seconded by i.lr. Comer and tho lesolution adopted by the follo%';ing vote: l.iessrs. Bear, Comer, !-o~'~ell, ,,inn and the President, !.:.r. Small 5 None 0 Bear offered the fo!lo~';im:: resol~uion: ", r',r -}~ ..:,,',T--f.nTo',.t ? .. ' _ (~_o87] & ;,_o~,.uz~o_, direcZing the Cit~ Attorne:; to instituve and -::,rosecute conde'~miation 'zroceedinss for the i)ur~)ose of acquiring a parcel of land oimed by 91 9'2 i.:ary E. Bondurant to widen and straighten Franklin Road. (For full text of Ordinance see Ordinance Book No. 8, page idr. Bear ;:~oved to adopt the Resolution. TLe .~otion re'as duly seconded and the Resolution adopted b" the following vote: Messrs. Bear, Comer, Po~:ell, ',inn and the President, .'..ir. Small ....... 5. ,,n_o: None ....... O. N,r. Coner introd~ced the follo~:ing ordim-:nce: (~4388) ~ tnDi:.~:C:~ ~o vacate and discontinue a portion of LynchburG Avenue for s~reet ~uri~oses. ~oanoK~ that a poPtion of Lynch- :~ :~ ~RD~,[.,~D by the ~ouncil of the City of 1. burg Avenue oeo~,nin6 at the Northeast corner of Lynchburg Avenue and 9th Otreet map i'.,ere¥;ith filed and described as follo%:s: BK.~-,.,,~t,-'""-'"~, at a _~oiut o:', the _~rc~sent northeast corner of Lynchburg ,~venue and 9th Street i;. E., (sometimes called 21din Street) said bcgi~ing being N. 80 deg. 15' 10" E. i7.0 ft..fro~ the original N. E.'Corner of 9th : ...... ' e:~c ". 50 deg. 15' 10" E 83 0 ft to a Street and Lync~,b~ Avenue; tn . e ~. · · · 7, o~nv on the .~ se,,~ north =.ro'erty line of ~.nchb ' ' '-"e ~y- ~,,~ Avenue; thence S. 3 deg 51' 50~' .... ~ . =. ~,~.5 feet to a _oint on the ne~ly established north pro~:ertv.~ line or Lvnchbur~ Avenue (said _x~oint b=~,-~,,~ 50 ft. north of the _ sent ce.~e ....... _~ine) thence %';ith t~:e., newly, established' nort!.~ -'zo~.,ert~-'~, .~ line o= ~,, ..... g .~.enue S 77 deg 26' 10" TM c5 0 ft to a-:.oint on s~:e (said point being 50 ft. nort!~ of the prescott centre line); thence i;. sq. zz. :..ore or zes~ =.,d being all that ::orzion of land lying bett~een the ne~:ly established prolerty line of L u~chbur6 Ave~ue and the propertl; line ...... . . exv ended. ~ the ,,ells ~as <~nd til Go inc , . ~-~ ~,.ez_dian of the of,ricial survey See -elan ~ii beari~.s referzed to the ' '-: _ [[o. 1359.o ~ated l0 26 54, on file i;i the offi,:e of Roanoke, ,~-~. , · be, s~-.~ the sa::..e is hereby vacaved and disco..oznuea for i. ublic tiavel and used as a -~2~ublic :.treet the said ' '~ ~ . ~.;ozoion of said street so vacated not being any longer nec- -. e,~_.e~,ce, ~:~.~ the rights of no oue being violated there, ese:ar~- for ublic use and co-'..v ~: ..... ~ 'i~' "-aTM offered the fo!lou"irtr: resolution: (,~_o~-' -9, ,::~-,~.~.o, iv av'::~ears_, that in orm~r to im'a, rove_ the service rendered and ~exi~ect-'-' ~:'e ::alice DeoaPtL.en~ e~d et'~ =~ of ~.. _ ~ ::er ]'ublic ~.fficia. ls of this City and State, and to ~.~u~e aae~uazei[,- co'se ~' ' ..... ~' '.: it has become exl..edient to consider the of ~:_is city, ovate='~'-~d:. ~ounu~, at la ce, znsta±la~io:~.' - ~ of a moder:,. ~:~olice system fully equipped ¥;ith ,:,=dioO~ ,~.on~_ol,~v' etc. (For fuel tent of Ordinance see Ordinance Book i:o. 8, pa:ie .... /~'/7t~ ). _._x..~ear :::eyed to adov..t the resolution The motion ¥:as duly seconded and ad- the fo!lo¥,'i.r,.~, vote: :~ .... · -' .... Co.er, Pol;'eil, :.inn and the President, i.'r or;_~,, 'l:he co:_utittee n,.med to carry out the provision of the above resolution is corz- l'he president, l. Lr. Snmil, brought before Council the question of a proposition ~ ~ni~ for the purchase of the three notes havi:~: been atb.itted to him by a local b~ ,- ,;recently accepted by the City from the L:oore Hilling Co:?.pany. .~fter a discussiou '~o~ the %uestion,kr. Po¥;ell moved tLa~ the '.:,resident, . '"' ~ be aut!:orized to i..'._r o~:la~ 1, i:zez'otiate ~':ith ~he '~"' .... _ . · : _ ~ o=.h. and brin~ back to Council the best revert --ossible The ! r:i ot ~' .... ' · ,. ~,, u'as duly seconded by i.~. Bear and unanimously adopted . __~.~,~,~ ~ ~rT~_TiTT ' '"~rT T~' '*--~*.'o. , , ~.,~_.,~,~ ,._~=;~C_r,~l=x~o. 2.lr. uo,:~er brecht before Council the quest of a ~ossible. increase in dues in the League of Virginia hunicipalities, and after a discussion of the question :.hr. i:owell ...eyed that the Council authorize L~. C.~.~er to say to the League of Virginia Liunicipalities that this Council is not in favor of any increase in dues in the League, as it is the sense of Council of 5he City of Roanoke that its financial condition will not ~er..zt any increased payments for ~e'_~bership in the League of Virginia ~[unicipalities, in view of the further fact that there is no session of the Virginia Legislature in 19S~, it seems ~o.:~arant to this Cotmcil tl-ere can and probably should be some reduction made in oleratinE ex- ~,enses of the League sufficient to avoid the ueces~.ity for increased dues dud con- tributions fr~:~, :.~u,'~ici~.lities and that the City of" :' '-~ ' ~ ' ~!ounor~ ~;~Ii in all ::re,ability to wi~;~:h.ax; its ~.~e~-.~bership, efrective Januayy l, 1935, ~,e~ are c~nfr~ted increased dues, and it is also_-os~ible~ tlmt conditlo:~s ..m-"~,. ~ecessi;ate uith- drawa~ in ":~" event "2l~e mot':o;~ w~.s ~.:eco;,ded b.'.: i.~r Bear and unanimously uric-tied. '" "-'- DELi '~ '~' ~- ., .......~ ? m.' :..~. ~ ...~na~er sub:~itzed to Counc~ ~AC~o i~.~.K:~ ~.!, :',~:..-~:~ ,--' -,~.~-~ .... e City '"' ' : a list of teachers deli-,':~,e,t i'.~ t~.e ~.,...~;:.t of tLeir ta:.:es as l:.revlouslv re~ues:~ed" ov ,~ounc~i, this list sho~;inG tkere are seventeen :v~ite teaches delinquent, either., '~ Ii -' ~';it!. res£,ect to -:~ersonal Z~ropez'ty or faa! estate, _~ a aGf~regate amount of and t~:e;~t:.--four colo;'~d teachers del ', ,:,<:, e,~t 'to zn.e amouut of .~.323.5i, _ r oo~;', er- and that '-, - .... ._~, a co-,.'.:,, of thc list a::d also Zhe ,.~ .... erint '' nv of Schools, 1-;.,%~:~t b-' letter tn~t unzess ';axes are discharged by Dece:,~c, er ] 1934, further action ~.'ili _..:robablv. bec.o~.ue necessary on vv¢'_,~ i;az't .of Council ~¢" .... t'-e pa;m~.ent of these' delinquencies. ' ' "-' .... I1, '- ~.ion' ',2he ±'resiaext, r .... ~ o,_,=red the ('-~390) Resolved, ti:at the City i.;anager furnish the ,q~t,~ i'reasurer and also the _, Sui~er~.n~ehuent of Schools ,~ coty of the sta5 bo~!-, ~'~hite and colored,~';~o are delinquent with respect to rea full texz of Or~nance see Ordinance oeo=: . 8, _v: ~¢ ::: e_. ..... ) l.:r. o_~.:a±l moved to ado:it the rer~olution. _,ne :,~otzon ~-;as duqv seconded and the 'h resolution adopted by z.:e follot'&ng vote: AYES: llessrs. Bear, Comer, Po~':e!l, Winn and the President, i£r. Small--5. NAYS: None ....... O. ~:'" '~'' ~"*~'"~'~ T~..,.S. The i-'resident called on the City Ci~i%- ~,~LUYE~S Dk~IN:%U~,iT ~q ~z~,~z OF '-'"'" Treasurer for a list of city ~ployees who have failed to pay t,~ir delinquent taxes since they were notified ~der Resolu;ion Ho. ~06g dated October l, 19~. The ~er stated that the ori~nal list of delinquents had been ret~ned to the City I.,[ana~ get, and that he had not seen it since, but if f~nished a list of the e~ployees he '~could t~ave same ready for Oo~cil for i;s meeti~ on Friday, November 9th. The City~ ~7, ren~ger stated ti~t the list would be f~nished the City Trea~rer. STRE~ LIGHTS FOR C~IS~.~S: ~e City ;.iana~er brought before Council tlqe ques- Sion of participating in the special street lights for Christmas as proposed by the ,, Retail Merchants .,ssociation, statin~ that the cost to the City ~7ould be twenty-ftve] cents per front foot. fore and report back to Council. He is directed to ascertain the cost and action taken hereto- 93 AYPOINIZ~IH,iT 0F O0CI,iL WOt~'~;'o' ,~,;,. The City Lanager reports the employment of Llrs. R. Russell Burnett as a Social Worker to supervise the dispersing of the city,s mont ~y ai.%~roprlation for the care of un~nployables on the relief rolls of the Social Service Bureau. ~ BUDGET: 2'he City l:anager rei:orts that the budget figures had been compiled and ~he prelimi:mry figures of the report are no~J ready for the printer, and that twenty. ~'ive copies %?ould be ::.tinted and the ty~3e left standing, a~aiting final adoption by Zl~e Council. ~:,~-_ :,~-~ ~-~,.: Uhe ,resident, .r. Sr. mll, announced that the Chairman of the Eed Cross of L~oanoke had asked that a iroclamation similar to those issued here- tof.-re for tke ;:nnua! Roll Call be The City Lreasurer brought before Council a letter from Joseph Davtdson certilyi.lg '' ~ . 5na~ ne nas not i.a~d any part of the 1934_ tax due on property in his na::~ desc ibed as ,'est Side of '~e!son Street 40 feet N. of Eullitt Avenue, · ~" 2 _ ~ ~n ~mo:~t of ..~36 14 t~m~kn~ hei'etofore been credited to the ~a'nuent of these taxes. ~' ...... ' " ~ity ..-uditor be directed to reDnnd t!~e amount in ~uestion to t,.e ~ity 'Jreasurer in ordez' ~.l;at the amount ..~.~nt be proi~erly credited. '-" Linn offered +~ folio',':i~%j resolution- (#43~!) :, ~',_~LUTi'Ji: to_:-'.av.. :.o the C~tv, '~'reasurer of the ,~mty o~ ..... :.,o~noke ~36.14 hezeZofore collected and credited to taxes for t!:e year 1934, on :BroDerty on the Davidson. _. ~ .n ~n= ~t~.' Treasurer's o~zice and substantiatin{ evi2ence i:resentel to Vke Council of t'.-:e City of 3oanol:e that an amount of ~36.14 has hereZofore been collected for the City of Roanoke and in error credited to taxes due fo]- the [.,ear 1934 on real estate in the nm-ne of Jose!-~h Davidson described as the ~ .... s~n ~tre~t GO feet ..... .,o~ uh of Bu!litz --venue. ---~-'~'~ ...... by ~.~e '~ounci! of ~'-~o ~z,y of Roan .... ~.' .4 CitT. Aud~vor se, =n~, ne ~ s ..~=oV d~rected to dra~'; a w~'rant in the name of the City TreaS er to ~'-~ a::~unt o~ ~30.__,~ ~d that the City. Treas~n-~-. ~_ b~ directed to c~'edzt' this remount to the taxes for which it properly b~=ongs. LZr i;inn moved to ado<t the resolution The · _ . mo~,~on ~'as duly seconded and adopt- vote ~f~: lgessrs. Bear, Comer, l~ou'ell, 'Jinn and the i:resident, i.lr. S?~11--5. ~,~:.,~: i~one 0. .., 0-. ~.u=, o.,-,. ~..~ ~,.. BO~i{D ';:inn, ,,.,u:,.~.z~.,_._.,..~. ,.,~. Chalr~:..an of this Committee, reported to Council ~-~ ~ ,. ~ ~.~=~ th~ Committee h=~ been in conference on Thursday, November !, 19~4, ~it~ the thr== e~ect!ve ='~' .... o~zcers whose salaries end e~oe~es must be fixed by the Compen- sation Board in Ric!ulonl duri~ ~'~ ~ -.~-~ ~-~ ~ne month, aha that uhile ,.~o6~ess had been made, he ~=~ not ~;~s~ to ~_~..,.~= his full report to Council-~ti]_ the ' ~ . - -' Co~t~ee ~d had ~ op- ~,_.rtu~,~,~, of revie%~ing a transcript of the Co~ait~ee hearing. The President stated that if this Council is to have any represenPation at the he ~'~' -- -~zn:. in Richmond ,~ =~-;da ~ .~ o ..... y, i[ov~ber 9th, at %'~hich time the salty and exl)emses for. ,_,= Co:'~om~ea!th =~ttorney is to be fixed, that it %muld be necessary for Coun- cil to have a repo~-t from t]~is Co, tree in order that p~ioer direction and procedure ;[inn assured ~ ~' ~.- '- · ~oun~ll ~,,at his report ~?ould be ready by 3:00 95 o,clocl: :.ionday, November 5th. There being no f~oa'ther business, Council adjourned to meet at 3:00 o'clock P. ~.,-. i.ionday, Nove~;~ber 5, 1934. APPi~OVED COUNCIL, Mon~ay, AD~0URNED MEETXN0 November 5, 1934, The Council of the City of Roanoke met in adjourned meeting in the Council Roo~ tn the Municipal Building MondaF, November 5, 1934, at 3:00 o'clock p. m. PRESENT: Messrs. Bea~, Comer, Powell, l~i_n__n_ and the President, M~. /~nall --5. ABSENT: None ..... 0. The President, Mr. S~all, presiding. OFFICERS PRE~ENT: W. P. Hunter, City Manager. COMPENSATION BOARD COMMITTEE: The President, Mr. ~mall, stated that this is an adjourned meeting of Council to consider certain unfinished business, the first ltez being a report from the Compensation Board Committee of Council relating to salary of the Commonwealth Attorney,s Depart~nent. Mr. Finn, the Chairman of the Committee, submitted to Council their report and offered the following resoluti~: (~4392) A RESOLUTION to adopt the report of the committee appointed to'co_n_sidar the compensation for the Commonwealth Attorney,s office of the City of Roanoke. ( For full tex~ of Resolution see ordinance Book No. 8, page _~f~_). Mr. Winn moved to adopt the resolution, which was seconded by Mr. Bear and adopted by the follow, iht vote: AYES: Messrs. Bear, Comer, Powell, Ninn and the President, Mr. Small ---5. NAYS: None ..... 0. The question of presenting the report of Council to the Compensation Board in Richmond on Friday, November 9th, at 10:00 o'clock a. m., was before Council. Mr. Winn moved that the Mayor, htr. Small, City Attorney, R. C. Jackson, and a council- man to be -_-_med by the Mayor, appear before the Compensation Board in Richmond on Friday, November 9th, at 10:00 o'clock a. m., in behalf of the City of Roanoke. The motion was seconded by Mr. Powell and unanimously adopted. Mr. 1/inn was immediately appointed as the third member of the Committee. The City Clerk is directed to send copies of the report of the Compensation iBoard Committee, and the resolution adopting same, to the'Honorable R. S. Smith, ~Commonwealth Attorney, and to the Compensation Board in Riclmaond. The City Attorney is requested to prepare certain necessary data as to present 'number of cases, etc., handled by the Commonwealth Attorney for the first ten months of 1934, as compared with 1935, and such other supporting data, for presenting to th .Compensation Board. " CITY EMPLOYEES DELINQUENT IN PAYMENT OF TAXES: The President, Mr. Small, report. ~ed that Council had received from the City Treasurer a list of City employees, ex- 'clusive of teachers and employees of the School Board, who are still delinquent in the payment of their taxes, as of November 5, 19~4, as provided for in Resolution No. 4562 of October 1, 1~4; that unless employees have not ~ischerged their delin- quent indebtedness within thirty days further action would be taken by Council, the ,list showing about fifty out of two hundred and eleven employees having discharged ,their delinquency, amounting 'to approX-~t6i~ ~00.00 le~wr~ng 161 not taken advantage of the opportunity given. employees who ~¥~ a list of oity employees, Mr. S~all in~roduoe~ the following resolution. (~A393) RESOLVED, that the City Auditor and City Treasurer be furnishe~ with showing names and amount of delinquent city taxes as of ( Yor full text of Resolution see 0rdinanoe Book No. 8, Page _~). Mr. Small moved to adopt the resolution. ~inn and adopted by the following vote: AYE3: Messrs. Bear, Comer, Powell, Winn and NAYS: None ..... O. T. COLEMAN ANDRE~S: The City Clerk The motion was duly seconded by the President, Mr..Smsll --5. and ask that until Friday, will be absent in Richmond on the 9th. ATHPORT: Mr. Hunter submitted to Council, Airport Committee, a proposed contract for the was directed to write T. Coleman Andrews he postpone his appear--~ce before Council on Friday, November 9th, November 16th, in view of the fact that certain _m___~nbers of Council lin submitting the proposed contract recommended that the City Manager be to use t~e same as a basis in advertising for bids. through Mr. Bear, Chairman of the leasing of the Airport. Mr. Bear authorized Mr. Bear moved t hat ~peration of the Airport, ~heck for $100.00 same to accompany each the City Manager be authorized to ask for bids for the be opened on November 2~rd, and that a certified bid, the City reserving the right to reject any and all bids. The motion was duly seconded by Mr. Comer and ,m_-ntmously adopted. Mr. ~inn moved that the present ~irport Committee be continued until the past iue rent and all other matters are settled with the former lessees of the Airport. ~he motion was duly seconded and unanimously adopted. ~THERINE ¥. RUCKER: Cow,-,mication from Miss Katherine V. Rucker was read before Council. The same is ordered filed. :97 A P P R 0 V E D President COUNCIL, RE~~ MEETING, Fri day, NOwember 9, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room !in the Municilml Building Friday, November 9, 1954, at 3:00 o'clock p. m. PRESENT: Messrs. Bear, Comer, Powell, Winn and the President, Mr. Small --5. , ABSENT: None ....... O. Mr. Bear later in ~rriving, due to attending The President, Idr. Small, presiding. · OFFICERS PRESEkw~: W. P. HuBter, City Manager. funeral. MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, dispensed with and the minutes approved as recorded. the reading is PETITIONS AND COMMUNICATI~: SAr.E OF FIRE~O[~S: ~. P. Hazelgrove, Attorney for a group of retail merchants appeared and presented a petition containing 100 names, asking that Section 1, of Ordinance No. 4183, imposing a license of $500.00 for the sale of fireworks be amend. ed to preclude the license tax, which amount is now prohibitive. He also asks that an ordinance be passed by Council permitting the firing of fireworks in order that merchants who now have fireworks On hand left over from last year may be permitted to dispose of same by sale. The President, .Mr. Small, stated to the Committee that Council now had under consideration an ordinance to permit the firing of fireworks for twenty-four hours on July 4th, forty-eight hours for per- and 25th of December, and twenty-four hours for period embrac~ January 1st, but that a license tax of from $~0.00 to $25.00 per annum should be wi thin the city limits iod embracing the 24th ing assessed. After a short recess .Mr. Hazelgrove was assured that ordinance No. 4185 would be amended making a license charge of $10.00 per annum, with the dist1~ct understand. ing should Council find as a result of this experiment it was necessary to go back to the old license tax at some fUture within the city, it would feel at; liberty to d.o so. REFUND OF TAXES ~. H. BURNETTE: R. Roy Rush, Attorney, appeared before and ~ked fo~ a refund of taxes later paid in full by the Home $20.00. fund date, ah~ prohibit the fireing of fireworks Council covering partial payed-nfs made by ~'. H. Burnette, an, Owners Loan Corporation, the duplicate payment being The City Clerk is ordered to draft the proper resolution authorizing the re- of the $20.00 as soon as he is furnished with the proper receipt showing the Payment referred to by the Home Owners Loan Corporation. PROPHYLACTICS AND CONTRACEPTIVE~: Nail E. l~essells, President of the Roanoke County Retail :.! presented to Drug Association, again appeared in the interest of a proposed ordtnan, Council on Friday November End, and referred to the committee from Court- Cil for report, and presented documentary evidence favoring the adoption of the or- din, Bce from the Roanoke Academy of Medicine, the Superintendent of Schools of Ro_~Boke, ~l>.r'incipel of ~td~ew Lewis High School, ~md the Superintendent of Ro~n_ol~ County Schools. The committee composed of City Attorney, City Health Officer and the Ctty Mans. ger l~esented report in regard to the propomed Ordinance governing the sale of Pro- follows: ~hylaoties and Contraceptives, as ~In regard to proposed Ordinance governing the sale of Prophylactics and Contraceptives, after hearing the representatives of the Roanoke County Retail Dru~ Association, the undersigned report that neither the State nor any Virginia City has passed any Law o~' ordinance limiting the sale of such devices as proposed in the ordinance in question and there ia such doubt as to the validity of such an ordinance a~l~ aa to the results to be accomplished by its enforcement and we recommend that no action be taken at the present time. Re ape ct fully submi tt ed: A lengthy discussion of the question resulted Robt...C.._ Jackson, City Attorney~, C. R. _Ranso__ne, .. . Health Officer W... P, .Hunter, _ .. City Manager" i in Mr. ~inn offering the Ordinance with the provision that a member from Council and Dr. Rensone confer with a repre- sentative of the Roanoke County Retail Drug Association, to be designated by them, to determine if in their opinion the way before it comes up for its second such time as the report is ready for and unamtmously adopted. ordinance should be revised or amended in any reading, amd the same will be held over until Counc il. The motion was seconded by Mr. Powell, Mr. Powell was appointed as the member from Council. BOARD OF ZONING APPEALS: A communication from the Chairman of the Board of Zon- ing Appeals, together with a proposed amendment to Article X, Section 3, of the Eon- lng Ordinance, whereby each appeal for amendment of the Zoning Ordinance shall be i~ accompanied by a fee of $5.00, to defray the cost of primting the required notices. 1~. Com~r offered the followS.rig ordinance, the soJae being secor~led by Mr. PoweL1. (~4S94) AN ORDINANCE to supplement Article X, Section 3, of an ordinance adopt- ed by the Council of the City of Roanoke on the 30th, day of December, 1932, n,,mber-' ed 4083, and entitled, "Au Ordinance to divide the area of the City of Roanoke into J districts, to establish building lines, to regulate and restrict the location, erec- tion, construction, reconstruction, alteration, repair or use of buildings and other struct,mres, their height, area and bulk, and percentage of lot to be occupied by buildings or other structures, the size of 2ards,: courts and other opeh spaces, and the trade, industry, residence and other specific uses of the premises in such districts for the promotion of health, safety, morals, comfort, prGsperity, or gen-~" eral welfare of the City of Roanoke; to provide for the change of bo~_~_n..dries, regula-i to provide for a Board of Zoning Appeals; penalties for violations tions and restrictions of such districts; to provide for enforcement; to l~escribe hereof". BE IT ORDAINED by the Council for the City of Roanoke that Article X, 3, of an Ordinance adopted by the December 1932, numbered 4083, and entitled, "Am Ordinance to City of Roanoke into districts, to establish building lines, of the provisions Section Council of the City of Roanoke on the 30th, day of~. divide the area of the ! to regulate and restrict the location, erection, construction, reconstructiom, alteration, repair or use of buildings and other structures, their height, area and bulk, and percentage of lot t~o be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, ~residence and other specific uses of the pre- raises in such districts ~or the promotion of health, morals, comfort, prosperity or general welfare of the City of Roanoke; to provide for the change of boundries, re- gulations and restrictions of such districts; to provide for a Board of Zoning Ap- peals; to provide for enforcement; to prescribe penalties for violation of the 99 [..100 provisions hereof,' be supplemented so as to read as follows: A~iole X, Sectton ~, Each apl~al shall be accompanied by a fee of $5.00, to defray the cost of printing the required notices, said amount to be turned in to the City Treasurer in the manner prescribed by the Council for the City of Roanoke. The ordinance is laid over. LEASING PROPERTY ~. K. ANDES: A connnunication signed by Paul S. Stonesifer, ~'Trust Officer of The First National Exchange Bank, addressed to ~. E. Andrews, Jr., · stating it will be agreeable to lease the property st 650 West Campbell Avenue to the City of Roanoke for a period of five years, provided they pay the taxes, insur- i:ance and upkeep on the property, etc. :.~ The Clerk is directed to reply to Mr. Andrews to 'the effect that the-City of Roanoke is not in a financial position at this time to undertake any additional f' expense of this nature, but should it later seem advisable to enter into such nego- tiations, the matter will be given due consideration. CLAUS PARADE: A communication from Chas. H. Carson, Parade Chairman, The Times ~rld Corporation, ~;'as before Council, asking that Council endorse a Santa Claus Parade and Christmas Pageant to be bald on December 10th, and that letters be written to Mayors of outlying towns and cities extending an invitation to perticipat in the parade. The Clerk also presented a rough draft of proposed letter to be sent to Mayors as requested, the same being approved and ordered written. LEAGb~E OF VIRGINIA 4~INICIPALITIES: A communication from the Executive Secretar~ of the League of Virginia L~unicipalities, stating that. a sixteen page report of. fact~ ~concerning the relief situation in Virginia would be sent the City Manager within the next week. Co,;Bcil directed the communicatiom be laid o.ver until receipt of report refer- red to. REPORTS OF OFFICERS: REPORT OF THE CITY ~&ANAGER: The City Mauager presented report of work accom- plished and expenditures for week ending November 1, 1934. The same is filed. SURFACE DRAINAGE: The City Manager submitted report showing cost of Surface Drainage for section im Forest Park Boulevard, as represe_n_ted in petition from prop- erty owners submitted to Council on Friday, October 26, 1934, showing estimated cost for the additional storm sewer as $~,50G.00. Mr. Comer moved the report be received and filed, the same being Mr. Powell and unanimously adopted. REPORT OF CITY ATTORNEY: The City Attorney in a written opinion as an approximate seconded by to the City REPORT OF COMMITTEES: g'rl~0RT COMIt~ITTF.~I: Mr. Bear, 0hatrm~n of the Airport Commfttee, reported that ithe Committee composed of ~r. Comer, Mr. Hunter and himself, had been in conference ,~i. th ~essrs. Reynolds and Lemon with regard to the Airport situ~tior~, ard was of the Council would be able to give definite report present operators of the Airpor b~ds to be opened on November 'opinion thetat the next meeting of ~th~t the city can secure the past due payment of the ~In the me~mtime the City Manager is adve~tisfng ::23rd, for the operation of the ALrl~rt. UNFINISMEB BUSINESS: ithe City and unobjectionable. · by a deed of trust, gave as his opinion that the transaction is within the power of authority to discount the Moore Milling Company notes aggregating $8,000.00 secured CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: REFUND OF TAXES: The question of refunding $~?.00 covering partial payments of ;axes made by Mrs. Ada S. Easter, and later paid in full by the Home Owners Loan Cot2 ,oration, was before Council. The Clerk advised that he had checked this amount, and. 'ound that according to the records in the Clerk of the Court,s Office, and in the lity Treasurer,s Office, the amount of $27.00 was a duplicate payment Mr. Bear offered the following resolutiom: (~4396) A RESOLUTION directi_ng the City Auditor to draw a warrant payable to ,da S. Easter for $~7.00 to refund taxes. ( For full text of Resolutio~ see Ordinance Book No. 8, Page ~ ). Mr. Bear moved to adopt the resolution. The motion was duly seconded by · r. ~inn and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small--5. NAYS: None ....... O. FIRKWORKS: The ordinance providing for regulating the exhibition of fireworks, ~tc., was before Council for its first reading, and after a discussion of the matter; ~he City Attorney was directed to redraft same to specifically prohibit explosion of Fire crackers etc., in the first fire zone, and to permit the exhibition of fireworks ~t the Fairgrou__nds upon permit from the City Manager. Mr. ~inn introduced the following ordinance, same being seconded by Mr. Powell. (~4597] AN ORDINANCE to amend Section '1 of Ordinance No. 4183, 1____reposing license ~axes for municipal ptu-poses. BE IT ORDAINED by the Council of the City of Roanoke that Section 1, of )rdinance No. 418~, imposing license taxes for municipal purposes be, and the same is ~ereby amended so as to read as follows: On each person, firm or corporation offering for sale by retail, fireworks, ;10.00 not prorated. The ordinance is laid over. BEFUND OF TAXES: The City Clerk reported that taxes on property owned and oc- '.upied as e Parsonage by The Church of God have been paid for the years prior to .932, and resolution prepared to remit taxes for the years 1932, 1933 and 1934. Mr. Bear offered the following resolution: (~4598) A RESOLUTION to remit taxes and ]~enalties for years 19~2, 193~ and 1934, n property located at 156 - lOs~ Street S. E., owned by The Church of God, and occu- l,ied as a parsonage. ( For full tex~ of Resolution see Ordinance Book No. 8, page . Mr. Bear moved to adopt the resolution. The motion was duly seconded and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small --5. NAYS: None ..... '--0. ~RES. ~G, BOXING, ETC: Draft 'of a proposed resolution to consent to. the con- luct of wrestling, boxing or sparring exhibitions in the City of Roanoke was before The Resolution is referred to the City Manager for investigation, report and recommendation, after ~ conference with the City Attorney and any others, both ~ legal and revenue standpoint. The following ordinance having been introduced, read and laid over was taken lO' l 102 up and again read: Count il AN ORDINANCE to amend Article 1, Sectiea 1, of an 0rdi~anee adopted by the of the City of Roanoke, Virginia, on the ~0th, day of December 1932, number. ed A~, and entitled, "Am Ordinance to divide the area of the City of Roanoke into districts, to establish building lines, to regulate and restrict the location, erec. rich, construction, reconstruction, alteration, repair or use of buildings and othe~ · structures, their height, area and bulk, and percentage of lot to be occupied by buildings or other structures, the size of yards, courts amd other spaces, and the 'trade, industry, residence and other specific uses of the premises in such district~ for the promotion of health, safety, morals, comfort, RrosRerity, or general wel- fare of the City of Roanoke, to provide for the change of boundries, regulations ~and restrictions of such districts; to provide for a Board of Zoning Appeals; to pre vide for enforcement; to prescribe penalties for violation of the provisions hereof ( For full text of Ordinance see Ordinance Book No. 8, page _~~) · Mr. Comer moved to adopt the ordinance. The motion was duly seconded by ~r. Powell and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ¥~inn and the President, Mr. Sm~ll --5. NAYS: None ...... O. The following ordinance having been introduced, read and laid over was taken up and again read: (~4388) AN ORDINANCE to vacate and discontinue a portion of Lynchburg Avenue for Street purposes. ( For full text of Ordinance see urdinance Book No. 8, Page ./.~). Mr. Bear moved to adopt the ordinance. The motion was duly seconded by Mr. ~'inn, and the Ordinance adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Ninn and the President, 'Mr. Small --5. NAYS: None ....... O. MOTIONS AND MISCEL!~ANEOUS BUSINESS: APPLICATION FOR POSITION: B. N. Hel_m~ appeared and presented to Council an application for position in the newly created Tax Department. He was advised that Council has not taken any action on the appointments for this Department, but the application would be given every possible consideration at the proper time. MERC~S' LICENSE TAX: The President, Mr. Small,..stated that while the proDos- ed ordinance for Merchants' License Tax paralleling the new -pared for presentation to Co,:n_cil for its first reading, he State law has been pre- had been approached by a Committee from the Retail Merchants Association, stating their Committee.would like to have an opportunity of stating their case before any action is taken by Co,mcil, should Council is of the unanimous opinion that this procedure /be ado]~ted, and it was di- rected that the Retail Merchants Association be f~rnished a copy of the proposed license ordinance, and say to them that the Council as a whole will be very glad to meet with them at 8:00 o'clock p. m., Thursday, Novembe~ 15th. It was therefore agreed that Council would meet at 8:00 o'clock p. m., Thursday, November lB, 1~34. The City Clerk is directed to write letters, to the City Clerk of Norfolk, Lynch ~t burg, Danville and ask that this Council be given the benefit of any ordinances and to advise if their city has taken action in passing ordinances for Me~chants, License Tax to conform ~n.d p~'~l, lel the State Law changing the basis of taxation from purchases to a sale basis· SALE OR DISC0~IT OF NOTES: The President, N~. ~mall, brought before Council the question of selling the notes of the Moore Milling Company given the City in settlement of indebtedness for the Shank Mill, reporting that he had negotiated for the sale of these notes at a discount of 3~, accordinE to authority given him pre- roughly $8,500.00 for viously, and by the sale es indicated the city would receive the notes aggregating $8,000.00. Mr. Comem offered the following resolution: RESOLVED, That the President of Council of the ~oore Nilling Shank Mill property, and be empowered to endorse notes Company covering deferred purchasing money payments for the to provide for unconditional guarantee of payment of principal interest at maturity by the City. ( For fu~l text of Resolution see Ordinance ~Ir. Comer moved to adopt the resolution. ~r. Powell and adopted by the following vote: AYES: ~essrs. Bear, Comer, NAYS: None .... --0. ACQUISITION OF PROPERTY: The City Manager Book No. 8, Page /f~ ,)- The motion was duly seconded by Powell, Ninn and the President, Nr. Small ---5. reported that Mr. Showalter of the 01d Dominion Fire Insurance Company has offered for sale to the City a piece of property on the Northwest Corner of Loudon Avenue and 10th Street at a price of $10O.00. Mr. Comer and ~r. Powell were instructed to drive out that way and take a look at the property some Sunday morning on their way to Church. STREET LIGHTING FOR CHRIS~: The City Manager reports that after being direc- ted by Council to ascertain previous cost and action taken by Council heretofore in the participation of street lighting, he had to report that in 1931 the cost to the city was $7?.50, for 1932 $77.50, and that for 1933 Council was asked for $156.78, 'but the recommendation was not men_de and the city did not ~erticipate. After a dis- I . 'cusszon of the Question, Nr. Bear offered the following resolution-: (~4~00) A RESOLUTION to approp_~ate $77.50 for Christmas Street lighting in front of the Municipal Building. ( See Ordinance Book No. 8, Page 190.) Mr. Bear moved to adopt the resolution. The motion was duly seconded by Comer and adopted by the following vote: AYES: Messrs. Bear, Come~~, Powell and Ninn ...... 4. NAYS: Mr. Small ............... 1. PURCHASING FOR INdiA?ES OF JAIL: k~r. ~ayhew, City Sergeant, appeared before Council with reference to purchasing for the jail, stating that since the appointment of ~r. Tucker he was wondering just where he stood in the matter, stating that while it had been his practice to make requisition on the City Manager for supplies other than foods, it was not practical to make requisition for food supplies, and asked that he be permitted to continue to make his purchases. The matter was discussed at length and :ouncil contemplated working out ~inue to purchase fo.od supplies, satisfactory to =onduct of the ~bjection by Nr. ~ayhew on this after a short recess, the President, Mr. ~mall, stated to ~ir. Nayhew that some arrangement whereby the City Sergeant will con- Counc il all concerned, but such purchases exclusive of food jail is to be o~ requisition to the Purchasing Agent. point, understanding such arrangement is perfectly s upplie s for the There being no the President stated that this arrangement 103 would be made until such time am other things develop to the contrary, with further .understanding that on the first of January, or effective January 1st, we are going to ask you in collaboration with the Purchasing Agent to work out some basis for a imonthly or quarterly report that will ifood proper per person per The Purchasing authority to give Council some idea as to the unit cost of day. Mr. Mayhew was in perfect accord to this suggestion. Agent, Mr. Tucker, appeared before Council and asked for the honor requieittons for Jell supplies from the City Sergeant. It was moved and seconded that the City Purchasing Agent be authorized to con- ~'tinue to recognize requisitions from the City Sergeant covering purchases of food supplies for the City Jail. The motion was seconded by Mr. Powell and unanimously adopted. CITY MANAGER: The City Man_-ger asked permission of Council to be absent from his duties on Thursday, Friday and Saturday of the coming week. The permis sion i s granted. SCHOOL BUDGET: The President, Mr. ~mall, stated that in conversation with Mr. ~'. P. Hazelgrove, Chairman of the School Board, he had been informed that the School Budget would be ready for release tomorrow, and that a copy would be given each mem- _ bet of Council, and if there was no objection on the part of Council a copy would _ cation of same would mn no means be binding on Council as to the final adoption of the budget by Council. No objection was registered by Council. REAL ESTATE ASSESSMENT BOOKS: The City Clerk reported that the new assessment books has been delivered to his office from the printere. He is directed to hold same until further advice. BOOKS (ACTS} DELIVE2~ TO CITY LIBRARY: The President, Mr. Small, stated to Council that it has been brought to his attention that a number of books', or volumes heretofore retained in the City Clerk's Office had been delivered to the City Library. The Clerk is directed by Council to write Miss Pearl Hinesley, Librarian, and ask th~ __ all books delivered to her from the Cmty Clerk's office be returned thereto for in- ~ structions end disposition by Council. STREET IMPR0VE~&~IT NOTES: The City Clerk presented to Council a statement showin the present status 195 original notes, of the past due notes previoumly referred to, showing that out of 87 had been rendered worthless on account of the statute of limt- ration, 19 notes bei_ng Questionable, due to inability to locate makers thereof, an~t 39 notes bein~ paid -nd brought presenting $1,683.07, remaining up to date, representing $1,764.86; Fifty notea re- as previously reported, with no actio~ having been taken by ~he makers. '~ The Clerk is directed to turn over to the City Attorney the notes in Question, ~:in accordance with resolution previously adopted, with the request that same be re- ':duced to judgment. INSURANCE POLICIES: The City Clerk reported that he had received the insurance 'Policies on the Shank Mill full contributi on. property, the same containing the mortgagee clause wi th There beiug no further business, Council adjourned. Clare APPROVED President COUNCIL, SPECIAL MEETING, Nednesday, November 14, 195~. The Council of the City of Roanoke met in Special Meeting in the Council Room in the Municipal Building Wednesday, November 14, 19~A, at 4:00 o'clock p. m. PRESENT: Messrs. Bear, Comer, Powell, Winn and the President, ~.~r. Small --O. &BSI~XlT: None ..... O. The President, i&r. Small, presiding. OBJECT OF TITE MEETING: The President stated that the meeting is called primarily for consideriBg the matter of salaries and office expense including staff for the Commissioner of Revenue's office, according to notice of the Compensation Board that hearing will be held in Richmond on Friday, November l~th, and that it is the hope that some am[cable l~tsis might be reached as between Council and the Commiss£oner of- Revenue to bring about, or insure, a joint report before the Compensation Board in ~ the interest of au adjustment of this Question on a mutually satisfactory basis with respect to the interest of both parties. At this point the President stated that ~ he was going to ask the Clerk if he would not communication ~ith the Commissioner of Revenue and ask that he appear before Council for consideration and discussion of the matter. Judge Hart appearing befo~e the Council, the President, reviewed briefly the object of the special meeting of Council, stating there had been a special committee appointed from Council to consider the questiou of salaries and expenses for the Commissioner of Revenue's office, and presented to the Commissioner of Revenue the report of the Committee, and asked that he made any ~omments or suggestions he car- ed to on the subject. Judge Hart in his response stated that the State pays one-third of the salaries and expenses of his office, and that the amounts as enumerated are subject to a 5% cut, which would mean that none of his employees would get the cared ~n the proposed salary scale; stating further that he would acquiesce in proposed resolution and recommendation to the Compensation Board if adopted by cil. amount that is indi- ' the offered the following resolution: (~4401~ WHE~, the Council of the City of Roanoke and the Honorable John Hart, Commissioner of the Revenue of the City of Roanoke, Virginia, after a confer- .ence held in open meeting, relative to the fixing of a basic rate of compensation for said C~mm~ssioner of the Revenue and for such assistance, as rosy be needed, Iproperly conduct the office of the Commissioner of the Revenue of the City of to Roanoke in public interest, ing for the calendar salary schedule, to-wit: year 19~O, have agreed upon the follow-. ( For full text of resolution see Ordinance Book No. 8, page ____). l~r. Winn moved to adopt the resolution. The motion was duly seconded by l~r. by the following vote: Powell, Winn end the President, Mr. Smell ---~. Bear, and the resolution adopted AYES: Messrs. Bear, Comer, NAYS: None ..... 0. 1:06 EXPENSE FOB AUDIT: The President, Mr. /~mall, stated that there was one other question to dispose of this afternoon. Under previous resolution of Council the City Attorney was requested to con- far with the Governor in behalf of the City's claim for 50~ of the ex~nses inciden to the auditin6 of the offices of Roanoke in the sprin6 of 1934; that Judge Jackson had submitted to Council at its meeting on November 4th, a copy of letter from Oov- ex-nor Peary which declines to entertain the cla4m of the city for such refunds, end that a Committee having been apDointed by Council consisting of Messrs. Bear, ~inn !and Umall to draft a reTly to the Governor's communication, he is submitting for [the information of Council a brief statement of pertinent facts, which is offered ~ for adoDtion, with request that a certified copy thereof be submitted to the City Attorney with direct instructions from Council that he present same to the Governor supplyin~ iz with ~ny other relevant facts he feels may be helpful in substantiatin and supporting the position that may be taken by Council. Mr. Small offered the following draft of letter for adoption: "The City Attorney has submitted to the Council of the City of Roanoke your letter October 31st, with respect to participation by the State in one-half of ex- pense attendant upon audit of certain statuatory officials ~f the City, undertaken 'at the instance of Council, said audit however being under the direct supervi~on and control of State Auditor L. McCarthy Downs. The Council has carefully considered your letter and the reasons given in reach lng your c onculsion that the State should not bear any portion of this expense. ~eel lng possibly that your records of this matter do not contain all of the pertinent 'facts, and believing that a review of the case may probably convince you that the City's request for equal division of cost of said audit between the City of Roanoke and the State of Virginia is specifically provided for under the provisioB~ of Chap- ter 29, Section 565a, of the Acts of the Assembly, passed at the 1920 session of the. ¥irginia Assembly, as follows: "Sec. 565a. AUDIT OF ACCOUNTS OF CITY AND COUNTY OFFICERS.-- At least once in every two years, beginning on the first day of July, nine- teen h~mdred and twenty-two, and at such other times as the govermor may direct, it shall be the duty of the State accountant, either in person or through his assistants, to audit all accounts and records of every city and county official and agency in this State handling State funds, Eking a detailed written report thereof to the governor with thirty days after each audit. Reports so made shall be public records, and the governor shall transmit to the general assembly at each regular session thereof copies of the same. The state accountaut is hereby authorized to employ, with the approval of the auditing comm!ttee of the general assembly, such assistants as may be necessary to enable him to carry out the provisions of this act; but such assistants shall be subject to re- moval by the State accountan~ at his pleasure. It is expressly pro- vided, however, that every locality, the accounts amd records of whose officials or agencies are audited in pursuance of this act, shall re-imburse the State to the extent of one-half of the expense- connected therewith, the same to be paid into the State treasury ~n the presentation by the State accountaut of a bill therefor. All such s,,ma so repaid shall be placed by the auditor of public accounts to the credit of the current appropriation made to the State accoun- tant and may be used by the latter for the purpose of carr~ying out the provisions of this act." The Statute just. quoted requires at least a bi-annial audit of $~* all accounts and records of every city and agency in this State handling State funds**~. It is a matter of record that such an audit has never been made of the City of Roanoke until the recent audit, the circumstances surrounding which necessitated emergency action on the part of Council. It is true that the State Auditor informed Council that the State ~ed no funds for such purposes but obviously the question of ~C~a~onm~nt of this expense could not be first determined, as an emergency existed rendering an immediate audit is- perative. The Council respectfully submits that because of limited personnel in th State Auditor's organization, plus the need for prompt action, the City should not I be pemalized for its failure to invoke the Statute as precedent to prosecution of the audit. In further substantiation of the Council,s p~sition we respectfully direct at- tention to Section 26 of the appropriations act of the 19~A General Assembly which authorizes the Auditor of Public Accounts, with the written consent of the Governor to make expenditures for auditing in audition to those for which the act makes an appr opriat ica. Apparently this Act, considered in conjunction with Section 5~5a, previously Quoted, provides for defrayal by the State of its share of auditing expense. The City of Roanoke has been called upon to assume the entire cost of these audits, volving as it did both State and City funds. The Council feels under the circumstances and for the reasons above recited that pa~nent of the entire cost of the audits is contrary to the statutes, ineQuita' ble and unjust. The Council respectfully submits that in view of these facts further considera- tion should be given to its request that the State fulfill its obligation, as creat- ed by statute and otherwise, and offers as a suggestion in determining the question ~ that it be jointly submitted for arbitration before a board of three arbitrators, one to be selected by each party at interest, the two thus chosen to select a third, whose findings are to be final. ( Signed .~as. A,_ Bea~r ~. W. Comer W. M: ~o~ell~j H. S. wi n --- Mr. Small moved the adoption of the letter for transmittal through the City At- torney as the position of Council. The motion was duly seconded by DM. Powell and unan ~m~usly adopted. E. R. A. FUNDS: The President, Mr. Small, brought before Council the ~uestion of allotment from the V. E. R. A. for the City of Roanoke, stating that he had dj- rected the City Clerk to ascertain from other cities in the State as to whether or not their appropriation has been increased or decreased, and, if so, the percentage of increase or decrease for November over that of October, and directed the Clerk to communicate with M.r.T.C. Rol~baugh, Director of the Ro~anoke Social. Service Bu.~e~_~_,: and ask that he attend the Special Meeting of Council, at 7:30 p. m., Thursday, Novemb er 15 th. CODIFYING CITY ORDINANCES: The City Clerk is directed to comm,micate with Mr. T. C. Rohrbaugh, and ascertain if his department could assign lawyers under the V. E. R. A. "white collar" program in the supervision of codifying City 0rdinamces now in the office of the City Clerk. DELINQUENT TAXES R. E. COLEMAN: The Questiom of taxes on real estate of R. 'E. Coleman, a city employee, was before Council, it being stated that the company hold-~ ing a loan on this property had taken over the property and was collecting the rents, and leaving delinquent taxes unpaid. The City Treasurer is directed to attack is- 107 1108 mediately the rents derived from the real estate, and collect same until the de- ~ linquent taxes of the City of Roanoke have been discharged. There being no further business, Council adjourned to meet at ?:~0 o'clock ]p. m., Thursday, November 15, 1934. APPROVED COUNCIL, SPECIAL MEETING, Thursday, November 15, 1934 The Council of the City of Roanoke met in Special in the Municipal Building Thursday, November 15, 1934, M.eettng in the Council Room at B:O0 o'clock p. m. PBF-~_ENT: Messrs. Comer, Powell, Ninn~ and the President, Mr. Small .......... 4.~ ABSENT: Mr. Bear-l, confined to home account of illness. ~ The President, Mr. Small, presiding. '~ OBJECT OF THE MEETING: The President stated that this Special ;,!eeting of Council is called for the primary purpose of considering with the Retail Merchants Association, and other merchants, the Question of conforming the retail merchants license schedule, as well as the wholesale schedule to the State Law, change to be effective January l, 1935, from purchase basis to a sale basis, in the case of retail merchants, and the Council has drawn up a tentative merchants, license schedule, which I tttink the:. Secretary of your association has been furnished with a copy, and Council would be" very glad at this time to consider any question or to hear any representative the Re- tail Merchants ~ssociation may have appointed. The President stated further that he might say, determination of this ~tter will not be reached this evening, but Council would like to have the benefit of such in-~ formation and data, and also your position and reaction in this matter. At this ~ time we would be glad to hear such representation as you have. ~ Mr. R. W. Cutshall, Chairman of the legislative conm~ittee of the Retail Mar- chants' Association, appeared in the interest of the Retail Merchants, stating'that his association appreciated the opportunity of appearing before Council, t!mt the Mayor had been kind enough to grant us that privilege, and that he wanted to stress'.' the point that we are not up here to fight Council in any way. We are here in the : spirit of helpfulness. We want to assist in every way we can. He,ever, we realize'' that this ordinance you propose should be amended, or changed, if Council thinks they should change from a purchase to a sales basis. We are still of the opinion it would perhaps be best for Council, for the City of Roanoke, and the merchants, remain on a purchase basis, such as Richmond and other cities throughout the state are doing. I~. Cutshall in reviewing some of the causes leading up to the Question of chang- ing in the basic method of license taxes from purchases to sales, stated that an in2 vestigation by his association revealed that the merchants of Roamoke have been paying considerable more than is being paid in Richraond, Norfolk, and other cities through£ out the state; and in order that something of' a concrete nature might be presented to Co~cil, his association had engaged the services of i.Z.r.K.C. Quinn, Certified Public Accountant, of T. Coleman ~_n_~ews & Co., who had compiled data and statistics in support of the merchant's interest in this matter, and that Mr. Quinn would ex- plain the figures in detail to Council. Mr. Quirm appeared before the body, and presented each member of Council ~ith a copy of his report, the same being filed as a part of the record of these proceedings. The report was taken up item by item in detail, and discussed pro and c~n, ~ith var- ious members of the retail merchants entering into the discussion ' 109 [ 110 Mr. Cutshall stated to Council that his~ssociation had gone on record ae favo lng a $40.00 minimum license tax and a fixed basis instead of a graduating basic for the purpose of merchant's license to conform to the basis used by the state, and tha~ his association at a meeting during the day had unanimously adopted this policy as a recommendation to Council. After a lengthy discussion of the question, the President, i~r. Small stated itl~at he want~:d to say on beho~lf of Council that it appreciates very much the dis- ~cussion we have had, and I think it is going to be helpful in arriving et some final !decision, and I am hopeful that what we eventually work out is going To meet with~ yo~ views, and I say further that we are more or less inexperienced in this Question of a merchant's license schedule in transferring from a purchase to a sales basis. ~,ha ~e do for 1935 is subject to revision, either in the form of an increase or decrease for !936. ~.Je do say to you frcnkly, we are concerned about the revenue situation, and w hope when ~his is worked out, the aggregate result will produce somewhere between te~ and twelve percent increase revenue from the retail merchants. I don't think we wan' to go beyond that. Council h~s no desire to impose cny undue hardship on the merchants. We know and I think you gentlemen are aware of the fact that the City of Roanohe has been re. lieved of a substantial amount of income, due to a downward revision of real estate aszess~ents. Ue are confront .. d with a very definite situation of refunding obliga- tions for 1935.and 19Z6. The city employees are now receiving an ~verage reduction or £1~ in u'oges,m~d we are really faced with ~the possibility of a reduction in the school term,closing No. 5 ~ire Station, and a reduction in the Police orgainzation. ~'e are go Lng to balance this budget if it is h,.~manely possible to do so. After the retirement of the committee from the Retail Merchants' Association, IJr. Sm~ll directed L~r. Armstrong of the Commissioner of Revenue's office to submit additional figures for the information of Council, said figures to sho~ a ~rk up of 33 1/3 percent on purchases, and apply the rate of 18¢, 20¢, and 22¢, with $40.00 as The City Cle~'k is directed to ask Judge Jackson to dra~ a section to be em- bodied in the proposed merchants' license ordinance, making it impearative ~hat all ~nerchants keep available at all times for inspection a record of his sales, and for failure to do so said merchant would be subject to a penalty or fine of $50.00 for girst offense, and $100.00 for any subsequent conviction. There being no further business the meeti~'~g adjourned. ~PPROVED tl ~e mT~oT. Presi dent COblICIL, REGULAR MEETING, Friday, November 16, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building ~'riday, November 16, 19~4, at 3:00 o'clock p. m. PRESENT: Messrs. Comer, Pawell, Ninn and the President, L~r. Small --4. ABSENT: M~. Bear ..... 1. Mr. Winn late in~rriving, being called out of town. Bear confined to his home account of illness. OFFICERS PRES~T: P. Hill Tucker, Purchasing Agent, substituting for W. P. Hunter, City Manager. MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as recorded. PETITIONS AHD COM~dUNICATIONS: SPECIAL OFFICER: W. E. Rand, Schulte-United, appeared before Council and ask- ed that a special officer be appointed for duty in the Schulte-United store. The matter is referred to the City Manager for investigation and reco~mendation, and further action at the meeting of Council on Friday, November 23rd. ST0~E BUILDI~.~GoJ. A. LUCAS: J. S. Scherertz, Attorney, again appeared before Council in behalf of J. A. Lucas, and presented~a letter which was read before the body, asking Council to take the necessary steps to fix ~he setback line for his ~ property on Melrose Avenue, the Question having been before the Zoning Board on !~ion- day, November 12, 1934. M~. Comer moved that the proper notice be prepared for publication in anems- paper in the City ~ending the ordinance to establish the building line of property in Question four feet back from the street. The motion vJas duly seconded and the Clerk is directed to prepare the proper notice. RECODIFYING CITY ORDINANCES: At the request of Council, T. C. Rohrbaugh, Director of the Social Service Bureau, appeared before Council with the necessary forms to be signed by the ~.~ayor in the absence of the City Lianager, making applica-~, 1 tion for two lawyers, four typists and two clerks, a total of eight people, from the "white collar" F. E. R. A. employees to be assigned to a project for recodifying city ordinances. Mr. Powell offered the follow~ resolution: (~02} A RESOLUTION to provide project for recodifying City Ordinances and bring same up to date. ( For full text of Resolution see Ordinance Book No. 8, page 192 ). M~r. Po~ell moved to adopt the resolution. The motion ~'~as duly seconded by Mr. Comer, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn and the President, ~r. Small --4. NAYS: None ..... 0. FUNDS FROM F. E. R. A: The President, ~.~r. ~all, inquired of Mr. Rob~baugh as to funds received to carry on present work progrm~ and was edvised that unless additional funds are received it will be necessary to close do~n all work before the end of the month~ After a discussion of the Question, it was agreed that 111. 1:"11-2 ~ir. Hohrbaugh should make a trip to Richmond and make a survey of the situation and obtain as much information as possible in order that the City of Roanoke ~hat to expect for future operations. LEAGUE OF VIRGINIA MUNICIPALITIES: A communication from the League Municipalities was ~to $1,050.00. might known of Virginia before Council, asking for dues for the City of Roanoke amounting The full membership of Council not being present, the matter is laid next regular me eting. over until the ~ MERCHANTS' PROTECTIVE ASSOCIATION: A cozxnunicatfon from Edward G. Moomaw, Sacra gary or the :~erchants' Protective Association, asking that Captain ,lulian ~J. se of the Roanoke Life Saving 0rganizatiom be permitted to devote his full time to the work of Life Saving and not be required, to fulfill the duties of a City Fir~aan. The City Clerk is directed to acknowledge receipt of the Communication and to say to the !derchants' Protective Association that Council fully recognizes the ser- vices performed by the Roanoke Life Saving Organization and that the request will be given due consideration in the preparation of the budget. ROANOKE RETAIL COAL ~RCH^k~S' ASSOCIATION: A c~nmtuuication from ~,lr. Brady, Vice-President of the Roanoke Retail Coal Merchants' Association, was before Council asking that a license tax of $175.00 per annur, be imposed on all retail dealers. The Clerk is directed to acknoxvledge receipt of the letter, and to say to Mr. Brady that the matZer will be given consideration in conjunction with the new ruer- chants' schedule which is non~ up for consideration and action. BILL ~ ~0~ Ai~DREWS & COMPANY: A communication from Gover~or Peary ~as be- fore Co,~ncil i~ answer to a letter written by the Clerk, as instructed by Council, November 2nd, with reference to bill of T. Coleman Andrews & Company for preparation for and attendance at trials in Roanoke, declining the paymen~ of this bill by the State. The communication is laid aside for _l__~_ter action by Council during the meetly. APPLICATIONS: A letter of recommendation from S. B. Pace in the interest of W. T. Kinsey as a collector of delinquent taxes v.'as before Council. The Clerk is directed to acknowledge receipt and advise the matter will be given consideration at the proper time. R_~0RT OF OFFICERS: REPORT OF ~QE CiTY ~ACER: ktr. Tucker presented the City Manager's report of work accomplished and expenditures for the week ending November 8, 1934. The same is filed. .HEALTH DEPA~R~U~T: Report from the Health Department for the month of October was before Council. The same is filed. SOCi.AL SER'v-iCE BUBF. AU: Report from the Social Service Buresm for the month of October was before Council. The same is filed. : FAMILY ¥;ELFARE SOCIETY: Report of the Family Welfare Society was before Council, showing a balance of $987.93, as of October 31, 1934. After a discussion of the re- port, the Clerk is directed to acknowledge receipt of the report for October 1934, showing a balance on hand of $987.93, and to ascertain if this balance together with the~ appropriation from the City for the month of November, end other appropriations they are receiving, will not be sufficient to carry them through the month of Decembe without the regular appropriation made by the city for that month i ' CONSIDERATION OF CLA ,~z~S: DELIN~L~T TAX~S: 0la im the City for ~elinQuent taxes was before Council, been assessed by the City for the year 1932, when of H. E. Gillespie for deductions made from his pay by Gillispie claiming that he has he was living in the County. The Clerk is directed to ascertain if he was assessed by the County for the 1932 taxes. CLAIM FOR 0VER-ASSESS~IENT OF TAXES: A claim for over-assessment of taxes by Mrs. Sallie B. McGehee, was before Council, Mrs. McGehee cla~ming that she was ass- essed $550.00 for impr. ovements on her land, whereas the building had been raked pri~r to the taxable year. The Clerk is directed to ascertain and verify the amount of assessment. , E. R. C0}.~S C0k{PTROLLER: A communication from E. R. Combs, Comptroller, signed by C. E. Downs, asking that the City of Roanoke render paTment to the Treasurer of Virginia for the Auditor of Public Account's bills seat the City under date of 0crc ber 5, 1934, one for $527.41, and the other for $210.70, totaling $738.11, was be- fore Council. The communication, together with the bills, was laid over awaiting reply from letter to Richmond. VOTING LIST: T. Coleman Andrews appeared before Council and presented the re- port of his company on recheck of Voting List covering general election of 1933, read his letter of transmittal. and' The report was discussed briefly and accepted, the same showing 49 names which should not have been included, and l0 names being omitted. In further connection with the recheck of voting list, Llr. Andrews read before Council a letter calling attention to a misunderstanding with respect to compensation for the service in connection v~th this audit, as authorized in Ordinance No. 4342, and while he was not concerned about the payment of the bill for $160.00 covering services, he was more interested in having Council go on record as recognizing that he did not make the proposition outlined in the resolution. The President, IJr. Small, stated to l...'~r. Andrews that he did not know of any ac- tion Council could take except to order payment of the bill, and moved the payment of the bill, the motion being seconded by Dlr. Winn. Before a vote on the Question the matter was discussed at length, and. at the suggestion of 1,i2. Comer, the rluestion ~as referred to the Voting List Committee, co_~posed of Messrs. Bear, Comer and Winn_, and ask then to bring back a report and recommendation and such clearification of the records as may be decided. BILL T. COLE~ ANDREWS & COMPANY: The bill for $390.00 covering preparation fo~ and attendance at trials of Jacob H. Framtz, Terry L. Woods and Mrs. Ada M. Smith for services of T. Coleman ~ndrews and Johnson ~.~cRae. After a discussion of this bill, Mr. Comer offered the following resolution: (~4~03) A RESOLUTr0N directing the City Auditor to pay T. Coleman Andrews and Company $390.00. ( For full text of Resolution See Ordinance Book No. 8, page 193 ). Mr. Comer moved to adopt the resolution. The motion was seconded by Mr. Powell adopted by the following vote: ~-ater Works account was not carried in the control ledger. AYES: Messrs. Comer, Powell, Winn and the President, ~ir. Small---4. NAYS: None ..... 0. ROANOKE WATER WORKS C0!~-~PANY ACCOUNT: The Question of the discrepancy between the of the City and the Roanoke Water Worlm Company was discussed at length, ~. ndrews stating to Council that the item~ under discussion were not audited, as the Mr. Tucker, former City i ,.~ 113 114 Glerk and Auditor, tiering the report of his audit in accordance with previous also made a statement in oonneotion with this question, eubstan- of Mr. Andrews. Mr. Andrews was directed to cheek up on this phs agreement and asoertain if the aocounts re- ~ SINKING ~Mr, Andrews, i in the Sinking Fund be set iwhtch in effect will mean ferred to had been placed in the control ledger. FUND: The question of adjusting the it being decided that up as an the transferring of the deficiency from the the General Fund. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: I&r. Powell offered the following resolution: (~4404) A RESOLUTION directing the City Auditor to draw a warrant Sinking Fund was discussed with a resolution be drawn directing that a deficiency asset representing a loan to the General Fund, Sinking Fund payable to W. H. Burnett for $20.00 to refund taxes. ( For full text of Resolution see ordinance Book No. 9, page_~19.3...). Mr. Powell moved to adopt tt~e resolution. The motion was seconded by l,&r. Comer and adopted by the following vote: AYES: Messrs. Comer, Powell, Ninn and the President, 2~r. Small ---4. NAYS: None ..... 0. · Mr. Comer offered the following Ordinance: (~4405) AN ORDINANCE regulating the exhibition of fire works or explosion of other like articles in the City of Roanoke and providing penalty for violation there. of. ( For full text of Ordinance see Ordinance Book No. 8, page ). The ordinance is laid over. The following ordinance having been introduced, read and laid over was taken up and again read: (~43971 AN ORDINANCE to ~mend Section 1, of Ordinance No. 4183, imposing taxes for Municipal purposes. ( For full text of Ordinance see Ordinance Book No. 8, page 192). ~Lr. Powell moved to adopt the ordinance. The motion vms duly seconded by I~r. Comer and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn and the President, ~,Lr. ~ll .... 4. NAYS: None ..... 0. The following ordinance having been introduced, read and laid over was taken up and again read: (#43941 AN ORDINANCE to supplement Article X, Section 3, ~e of an Ordinance adopt- ed by the Council of the City of Roanoke on the 30th, day of December 1932, numbered 4083, and entitled, "An Ordinance to divide the area of the City of Roanoke into districts, to establish building lines, to regulate and restrict the location, erec- tion, construction, reconstmaction, alteration, repair or use of buildings and other structures, their height, area and bulk, and percentage of lot to be occupied by .buildings or other structures, the size of yards, courts and other open spaces, and ~the trade, industry, residence and other specific uses of the premises in such dis- J~'tricts for the promotion of health, safety, morals, comfort, prosperity, or general '~elfare of the City of Roanoke; to provide for the change of boundaries, regulations and restrictions of such districts; to provide for a Board of Zoning Appeals; to 'provide for enforcement; to prescribe penalties for violations of the provisions hereof.- ( For ihll text of ~rdinance see Ordinance Book, No 8, Page 191 ]. Mr. Comer moved to adopt the ordinance. The motion was duly seconded by Mr. Winn and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn and the i~resident ~r. Small .... 4. NAYS: None ..... O. MOTIONS AND L'LISCELLANEOUS BUSINESS: MOORE MILLING CO~PA~ff NOTES: The President, Mr. small, announced to Council that the 1.ioore Milling Company notes had been sold to the old Dominion Fire Insur- ance Company, the face of the notes being $8,001.00, and'had received therefor $8,367.44. CITY TREASURER: C. R. Kennett, City Treasurer, was before Council at its re- quest and reported that he had, in accordance with instructions from Council, issued an attachment on the rent of property in the name of R. E. Col6man, and that already the 1933 taxes had been paid. He also stated that he had issued twenty other attack- ments the preceding day, and was get tin~ some returns from them. The Clerk is instructed to notify the City Auditor that the 1933 taxes of ~. E. Coleman have been ~aid, and credit his delinquent taxes with that amount. C0~.IPENSATION B0~RD: The Fresident, I,~. ~nall, advised Lit. Winn, Chairman of the Compensation Committee, that it would be necessary to have report in considera- tion of salary and expenses for the office of the City Treasurer by Monday night, and that the City Clerk advise Mr. Kennett to be present, at the consideration by Coun¢ il. Mr. ;Jinn directed the City Clerk to call a meeting of the Comnittee and Kennet~ for 10:G0 o'clock Monday morning in Council Room. There being no further business, Council adjourned to meet at 7:30 o'clock ). m., Monday, November 19, 1934. APPROVED Presmdent ~ '115 116 COUNC IL, SPECIAL MEETING, Monday, November 19, 1934. i The Council of the City of Roanoke met in Specicl Meeting in the Council Room in the Municipal Building Monday, November 19, 1934, at 8:00 o,clock p. m. PRES~.~T: Messrs. Bear, Comer, Powell, Ninn and the President, Mr. Small --5. ~BSENT: None ...... 0. OFFICERS PRES~T: U. P. Hunter, City Manager. The President, Mr. Small, presiding. ~the L'erchants' License Tax Schedule, 0BJ~CT OF THE ~.LEETING: The meeting is called for the purpose of considering however, before proceeding with this phase of the meeting, the President stated Council would consider a report from the Corn- ~o_m~.~t~ee of the Council with regard ~o compensation of the Treasurer and pensa~ion ~ ~: + his staff for tt~e calendar year 1935. Idr. Winn offered the following resolution: (~4406) ~i~As, the Council of the City of Roanoke and l.~r. C. R. Kennett, Treasurer oi' the City of Roanoke, Virginia, after a conference held in open meeting relative to the fixing ol' a basic rate of con!~nsation for said 'iTeasurer and for such assistance, as ~ay be needed, ~o properly conduct the office of the Treasurer of tl:e City of Roanoke in public interest, for the calendar year 1935, have agreed upon ~he follo~';ing salary schedule, to-mzt: ( For full text of Resolution see Ordinance Book No. 8, page _____). Mr. binn moved to adopt ~he resolution. The motion was dally seconded by Powell, and the resolution adopted by the following vote: AYES: lJessrs. Bear, Comer, PoE el 1, ~'inn and the President, Lir. Small --5. NAYS: ~one ...... 0. After the adoption and a discussion of the above resolution, Lir. ~nall offered the follo~'ing resolution: (#4407) RESC. LVED, that effective February 1, 19~5, and on the 1st, of each suc- ceeding ~r~onth until revoked by Council, that the City Treasurer be requested to submit to Council a s~atement showing the number of separate or individual garnishee attachments, levies and other legal means taken by the City Treasurer to enforce the collection of delinquent taxes. RESOLVED, FURT~LEA, that the City Treasurer in said report show the amount of 1933 and 1934 delinquent taxes collected thereunder. Small moved to adopt the Resolution. ~i'he motion was seconded by iJ~. Winn and '~he resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~'inn and the President, Lir. Small --b. None ...... 0. I.~ERC~'JTS' LICENSE SCHEDULE: ~ report of analysis of City Merchants' License tax for year 1934 ~Jas submitted to Council by ~,;~. Armstrong of the Commissioner of ~Revenue's office, showing various brackets on a sales basis with a mark up of 33 1/~ percent using flat rates and amounts of revenue productive of rates used. k discus- sion of the question resulted in the rresident polling Council to determine whether the body favored a fixed basis of license for the retail merchants to conform with the State law, or whether a graduated basis should be used. Council voted unani- mously in favor of the fixed rate. S, After a discussion of proposed rates, penalties, etc., and there being no ob- Jection of Council, the City Clerk was instructed to write the City Attorney the following lett er: The City Attorney be requested to prepare and submit to Council for consideration and action next Friday, November 25rd, a proper revision of Ordinance fixing license tax for retail merchants im the City of Roanoke, effective January 1, 1955, to con- form with the State law on a sales basis. That the minimum tax be $40.00, based upon sales of $4,000.00 or less, and a flat tax of 22¢ for each $100.00 additional thereto, based upon gross sales, whether paid for or not. That merchants' license be not transferrable, and subject to pro rata refund if ih effect six months or less; no refund to be made after license has been in effect for six months. That paralleling the State law, a penalty of SO0.00 be imposed upon every retail merchant who does not keep records as prescribed in the State Revenue Act. That the license schedule for Wholesale merchants be continued on the same basis as is now in effect, ie e,, purchase basis, with current graduations. PROPHTLACTICS AND CONTRACEPTIVES: The Clerk is instructed to ask the City At- torney to give Council his opinion as to the legality of the proposed ordinance before Council dealing with prophylactics and contraceptives, its meeting on Friday, November 2~, 1934. for consideration at PERSONA~ PROPERTY TAXES: The Clerk is instructed to request the Comm~ssioner of Revenue to furnish Counczl %vith a statement showing the aggregate amount of person- al property assessments in three comparative cities in West Virginia and Horth Carolina, reducing same to a per capita basis on 1930 census, and similar informa- tion on a per capita basis as to the aggregate amount of personal property for the cities of Norfolk, Richmond, Lynchburg and like information for personal property assessment in the City of Roanoke for 19~0, reduc' - ~ . · ng same to a p~~ capita basis SPECIAL 0FFICER-SGHULTE -LE.,;ITED: City Manager Hunter reported that he had in- vestigated the special officer for the Schulte-United and reconnnends the appointment of b~. J. A. Fore, but that his quota of special officers had been exhausted. The recommendation was approved by Council that the quota be increased and a special officer approved for Schulte-United for a period of sixty days mith juris- diction only upon the premises of the store. The Clerk is directed to ascertain number of real estate license paid to the Ci~ty for 195~ as compared with 1955 and 19~2. There being no further business, Council adjourned to meet at 8:00 o'clock p. m., Thursday, November ~.Z, 1954, for consideration of the budget. APPROVED President 117 [118 COUNCIL, SPECI^L MEETING, Thursday, No, ember 22, 1934. The Council of the City of Roanoke met in Special Meeting in the Council Room iin the Municipal Building Thursday, November 22, 1954, at 8:00 o'clock p. m. PRES~T: Messrs. Bear, Comer, ?owell, Winn and the President, Mr. Small---5. None-----0. ..... ,~ ,.. D Hunter, City Lianager OFFICERS i~t~Eom, T: ,.. -. · The Fresident, fir. Small, presiding. OBJECT OF Tile '"~'~ ,.~,,.~,~: The meeting is called for the purpose of considerin~ the budget for the first six months of 1935; the l~resident stated tt~at before going into the budget question there ~ere tad other items he wanted to dispose of. · ,dr. Small offered the folto¥~in~ resolution: "enacted at the (~4408) '~'.-." "' under i;rov; sions of tee "Compensation Act, 1934 session of the Virginia .~ssembly, which created a.State Compensation Board to fi.~: salaries and a!lo'::'~ces effective July 1, 1934, for certain statutory fee offi- including Conm~onv:ealth' s Attorneys, and ( For full tek-t of 5esolution see t. rdinance Book No. 8, page 12r. Small moved to adoi~.t the resolution. The :notion was duly seconded by ~,~. Bear, and the re~o~ution adopted b~ the foilo¥;ing vote: Az~o: 12essrs. Bear, Comer, ?owell, Winn and the !;resident, l~,~r. Smal 1 .... 5. i:=YS: None ----0. TEXTILE ',,O~-,~R~' b~,~ION: A letter from a Committee composed of J N. Kab!e G. P. Staley and S. ;7. Buzendine, representing the Rayon Textile ',forkers' Union No. l~a"~ fas before Council, askir~: that City Zanager i.'. P. Hunter be removed from the wa~ge setting corm,~ittee for relief projects· The City Clerk is instructed to make the following reply to tt~e communication: "Your letter of November 16th, addressed to Roanoke City Council has been given due consideration by the Council at its meeting cn Thursday night i~lovember 22nd, and I am directed to say to you that in the opinion of Council City I.~anager Hunter, because of his familiarity with this subject naturally must serve on a committee of this kind, and since he is only one of a committee of seven, he is without control or domination of the commit- tee's conclusions. It is the understanding of Council that rates fixed by this committee must be fo~,¥arded to Richmond, inhere final and complete authority is vested for th8 establishment of schedule of rates· ' e I am also directed to say if yom- cor_~n~tt e has substantial grounds for com- plaint that Council would be glad to hear your committee at some future meet- of Council. SAFE~' i,iOTOR TBANSIT COFtPORATi0N FARES: Th~ City Clerk is directed to ascer- ~ tain from the City Auditor result of his investigation as to the payment of franch tax for S. M. T. Corp., fares; that is, the method arrived at in gross revenue for the sale of passes. SALARY OF JUDGES: The City Clerk is directed to request the City Attorney to advise Council if the salaries of the several courts represent salaries fixed so far as the State's proportion is concerned and supplemented by the City, and in such event can the City make uniform deductions for its supplement as it. pertains to each of the several judges. r~ i: e 119 FIRE EXTINGUISHERS: The City ~ianager is directed to ascertain and report to Council the cost of filling fire extinguishers, which is now being done by the City without cost to the property owners. TELEPHONE C0;:~PANY F~b'~NCttISE: City Clerk directed to request the City Attorney to advise Council if under the present franchise the Telephone Company's franchise can be increased for 1935; that is, whether the present franchise is for a specific term, or subject to change at pleasure of Council. ARCAD£ ~iAR~ET: City Attorney requested to advise Council with respect to opera-~ tion of the Arcade ~.iarket, and advise what action Council could take to levy stall taxes for those stalls operated within the confines of the 2rcade L~arket. BUDGET: Thc remainder of th~ evening was t~en up with discussion of the budget for the first six months of 1935, each dep~tment,s proposed figues being examined separat ely. ,,,,,...~,_,o~,.,~.~.~ OF REV~z: An error having been detected in the budget figures for the Commissioner of Revenue for the f~rst six months of 1935, as presented for inclusion in ~he City budget, as compared with the ~ ~ ~.r?Driatlon submitted to the State Compensation Board, these figures being for six months, vJhereas the same should have been for t~Jelve months, the Olerk is directed to commbu~icate with E. R. Combs,Chairman State Compensation Board, ~nd ask that the items, "Stationery and Postage" be incroas- ed rr~ .~500.00 to ~900.00, and "TeleGraph and ~'eleDhone" from $87.50 to ~.175.00. -~-.~. being no further business, Council adjourned. APPROVED 1 20 COLE~CIL, REGULAR MEETING, Friday, November 23, 1934. The Council of the City of Roanoke met in regular meeting, in the Council Room the :.luniclpal Building Friday, November gS, 19~4, at 3:00 o'clock p. m. PRES~T: Messrs. Bear, Comer, t:owell, ',';inn and the r'resident, L~. Small --5. Non e ..... 0. 0FFio,,.RS t'~o~.T: .. P. !{unter, City i;.anager. The l~resident, :,'.r. Small, presiding. ~.x~-~o: it appearing that a cody of the minutes of the previous meeting has 'been furnished each member of Council, ui~on motion, duly seconded, the reading is dis~ensed with and the minutes approved as recorded. ...~n~,,~. TS '. o Hazl e gl' ore, .~,,,oa ,.~-~. , .... :'~ttorney for the Retail L]erchants' Assoclatlon, appeared before Council in the interest of his client, and called at- tention to a report and recormuendation of I~. C. Quinn, Accountant for the firm of T. Coleman f~ndrews & Com~.a~uy, advocating a rate of 19.27¢ instead of the 2~¢ rate 0_, d~ nance, . now included in th~ ~ro~osed ~ ~ the Retail :..erchants' ~e~,resentative arguing that certa~ ~"~" _ _ ~n errors ,-,~,e evident as to income from the oroposed rates shown by the .__u~ea sub~uitted by the ;~ccountant fi~,.., as compared re%th that of the Commissioner of Eevenue's office. The Con~ssioner of Revenue, jotm 12. Hart and James~.~ ,Lrmstrong, Eeputy Corn- missione:', appeared before Comncil and ex~!ained method in arriving at figures here- to~o~e ~rese.~ed~ to Co'~ncil, after which the President, :.ir. Small, pointed out that the £2~ would not differ greatly from the '_~erchants' proposal, that the difference ~':ou!d mean on_ly $g57.00 in ta:.:es i. aid on a million dollar business. ~er a two hour discussion of r. he question, t'~e President thanked the dele- oa~._on from the :Lerchants' Association for their interest, and stated that great consideration has been given, and ~'ould be given to the license tax Question, but it see::~ed necessary ~'~' ~ounci! to t~'~ ~_ ~ =_,.~ some i~ediate action in order that an 0rdinan could be adopted in ti.me to make same effective for license pur?oses by January 1, 1925. CL~_~;~ M~D P~tmsol~RS: Raye 0. La%,;scn, ..~torn~y, appeared in behalf of a group of I:ressers stati:~s that certai~ pressers had applied for license at the office of the Conmuissioner of Revenue, s_nd that they were beir~:j required to pay the ~75.00 rate, or refused license, whereas the license ordinance establishes a rate of for Dressi~ only, and asked that the ordinance be changed in order that the press- ing sstab!isi-ments couldirocure a license at the ~20.00 rate, as the ordinance as now dra~m ",';as ¢~nbiguous. j E. Lee Carney, Lttorney, also ~ a~eared in connection ~ith the same ~uestion, au spoke at length on the subject, concurring in :.:r. Lam'son's statement that the measur, as no~; drawn r;as ambiguous, and should be changed. After a recess by Council, the President, ~r. Small, stated that Council had considered the question cuite briefly, and there was some feeling among Council gen- era!ly that the situation could be adjusted by amending the existing ordinance to provide for a license tax on a pressing establis~hment, with the further provision that no inflammable materials shall be permitted on the premises, with a fixed rate of $40.00 per annum, not prorated, and that present applicants for license will be permitted to get license under the present ordinance, $75.00, with the understandin~ that should any other basis be established theft they be refunded whatever an~unt ~night be due. In other words, ii' the $40.00 basis is established and payment of $75.00 is nade, then they ~lould be due a refund of $35.00. _~w. Carney asked that he be permitted to appear before Council before the amend- ment was finally passed, and h'as told that nothing would be done before the next re-' gular meeting of Council :~ DELIN.~.U.h~.~T TgXi~:~ SCHOOL T~Ci'~'-.~S: 2~-. LtcQuilkin, Superintendent of Schools, ap-: peered before Council, stating he ~','anted to acknowledge receipt of a communication from the City Manager -~itt~ respect to deli~quent taxes es sho~m by the Treasurer,s report; that he had been requested to make full report to Cou~cil as of December 1st, and that ~vhile he had ~ade a p~reliminary check, he had found some errors in assess- 'nents claimed by the teachers, and as he exl.~ected '~o be out of to,Jrt on the 1st, he as~ed that he be permitted to submit his rei~ort on the 7th. l..'~r. Hazlegrove, Chairman of the School~ Board, stated that perhaps the report vJould show up much better tee. ~he per:nission is granted. COAL L~RCi~AI. ITS: ~ Lawrence Gillia~n, Secre~a~ of the Retail Coal Dealers, ap- oeared before Council and asked that they be exempt from the general provision of the :etail ~..~erchants, License tax, and presented a proposed ordinance covering their business, which provides f'or the payment of $125.00 as a minimu~ tax, and 22¢ per hun- ired on gross sales in excess of $25,000.00. He was ~old that his request woul~ be given consideraZion by Council, and the ~ity Clerk is instructed to prepare for Comncil a re~ort showing total number of coal [ealers paying taxes in the City, amount of taxes paid and average payments; all deal- ers paying taxes to be designated by numbers instead of names. POLICE PR02ECTION FOR VACANT HOUSES: J. ¥i. Boswell, Jr., appeared before Council ~nd complained of police p~otection for vacant houses, and asked that a special officer >e assigned to this specific ~ork. The President, i&r. h~nall, suggested that a committee from the real estate board .onfer with City !ganager Hunter and see if something mutually agreeable could not be ~orked out. PETITIONS AND C0ktMUNICATi0NS: ;he City reserves the right to reject any and all bids. Bids from the following concerns Were read: BIDS FOR 0PERATIOH OF A~RPORT: The City Clerk reported he had two bids to be i >pened for the operation of the Roanoke Airport, and before so doing, the City ~ager ~equested that the advertisement calling for the proposal be read, which sho~ed that ~i L~.~0N & REYNOLDS, Signed by Clayton Lemon and Frank C. Reynolds, certified check: for $100.00 attached· POCAHONTAS FLYING SERVICE, INC: Signed by Lewis C. Tierney, President, no check at ta ched. Bear moved that these bids, together with all papers, be referred to the ~irport Committee, for classification of the t~o proposals, and later on report back o Council. 1'21_ 122 TRAFFIC SITUATION: A resolution signed by H. S. Birchfield, Chairman of the ',Co_-.~tttee from the Rotary. Lions and Kiwanis Clubs, was read before Council advocat- iand the designation of certain streets within the City limits as Arterial streets, asking that proper ordinance be enacted to put same into effect at once, ldr. Comer moved that the resolution be acknowledged, and that Council take tim to go into the matter. The motion was seconded by ~,~r. Bear and unanimously adopted. FAMILY W~LFARE ~0CIETY: A commu~ication from the Acting Executive Secretary of the Family '~elfare Society in response to a letter asking if it would not be possibl. to operate during the month of December without the regular al~propriation from the City was read. The sane is ordered filed. EM. ERGPNC¥ RELIEF': T. C. Rohrbaugh, Relief Director, appeared before Council an'd presented a letter, ~hich was read, asking Council for an aploropriation for Hovember to continue the present forces; that all manual work relief will stop as of !~fover:ber £2nd, and v:ill not be resumed until Monday, December 3rd. After a short recess by Council, tt]e ~res~aent, iLr. Small, stated that possibl Council ¥.'ould consider this Question next Wednesday or Thursday, and in the meantime you might rely upon a $5 000 00 appropriation r. ayable December 1st, for the' month ,., , · , ~ -. of December, but that the exi~enditure of public funds for relief purposes has about reached th~ point of Ronnoke's financial capacity to _~ay, and that a resolution woul be adopted authorixing the City Manager to ex~end $500.00 from City funds for the s~.ecific ,~ui'~ose of food anaclothing for pauper cases, subject to certification by the Ueifare Worker under his jurisdiction for the remainder of November, and he is t~ report to Council on the 50th, of November the amount expended, so tb~-t tt~e resoluti~ can be adopted for the exz~e~.~ture seconded and unanimously adopted that 'this procedure would be ad. o~ted. ~ cor.~unication from E. R. Combs, Chair~n of the Compen- sation Board, postponing the date of hearing for salary and a~enses for 1955, for Co,mona;ca!th of Roanoke to December 10, 1954, was before Council. n The same is fi!ed~ Ci~f AUDIT: CoDy of letter addressed ~o Governor Feery and signed b;' the City ~Lttorney, enclosBng c,~,~:~ of letter drafted by conm~ittee appointed from Council in co~ nection '~ith the City's position ¥Lth reference to pap~_ent by the State of one-half ex/~enses of audit of the City's affairs was before Council. The same is filed. LLERCH~2.~TS' LICenSE TAX: The retail merchants having been heard earlier in the day, the _uroposed ordinance governing snd fixing license ~axes to be paid by Retail ~nd Lholesa!e merchants in the City of Roanoke was again before Council. ; ! .~ Llr. P'o~.'~e!i offered the followin~ Ordinance: (~09~ AE ORDiiL~CTM~ governin~ end fixing license taxes to be paid by ~etail ~> and Uholesa!e merchants ~n the City of Roanoke. BE IT ORDA~h-~LD by the C~u~cil of the City of Roe~noke as follows: Every person, firm or corporation engaged in th business of a retail merchant shall DaY a license tax for the privilege of doing business in the City of Roanoke to be measured by the smount of gross sales made by him or it in said busines.,-~, whether 'paid for or not, during the year Dreceedi~E the !st, day of January 1955, as follows: Where the amount of said sales do not exceed ~&,000.00, $~0.00; where the amou: of said sales exceeds ~4,000.OO the tax shall be 22~ on the QiO0.O0 in addition thez to. .t All merchants who sell to the consumer and not clas~ified as wholesale merchan' by the Section of this Ordinance imposing a license tax on wholesale merchants shall be deemed to be retail merchants. Uhere a business for which a license tax is imposed by this Zection is commenc~ after January l, 1935, the license tax shall be at the same rate as above set forth upon the probable sales in said business from the date of corm.~encement of said business to December ;;here a merchan~ conducts both a retail and who!ecale busSness separate licenco tax sh~ll be ~.aid on the retail and ~°Jholesale Imrts of said business. ~ license ~ax im~oosed by this section sh~ll be in lieu of all City ~axes upon the capitol actually employed by said merchant in said business and shall not be transferrable ~nd sh~ll not be subject ~o any refund after license h~s been ~'n effect for a period of six months, but shall be subject to a pro rata refund ii' in effect for a ~.eriod of six months or less. As to all questions in recsrd to the keeping and ~reservation of ir:voices and a irecord of '~3urchases, and from whom ..made, and as to ali questions re.~ardinc the keeping and i~,reservati.n o~' an accurate record of all sales :trade by each rets! 1 merchant for the ~.ur,cose o1' enforcing the license ~a~: herein im!~osed smd for the conducting and guidance of officers of the City and other persons affected b:- the ordinance and ~,ro- visions of Section 188 of' ~n _Cot of the Assembly of Virginia, a/.t~roved ~:arch 16, 1954, Acts of the'ssembly !~'a.)~_, ~:age 192, et seq are herebv~ adopted. Every retail me~,chan:, who falls to keep the records herei-. "-'rovided for shall be ~ssessed v;itb, a _venalt~,'~ of .;;50.00, in addition_ to such tazes a~. ~ or:~missioner of the s herein ;rovided henever it comss to ~he know~edr:e o~ the ~ :~evenue in any way thav a rezail merchant has not l':ei~t, or is nov keei:ing -'_~,nd l~reservinc .~e,e_n i:rovided for ne shall estimate the "robab!e sales of ~, ~ -ut., retail .erchant to the best of his ability and assess such retail merchants with the City icanceupon the sales so est'--,' ~ tax .v~rovided b'~ Ordinance ~.m~ed, ~ ~n addition to the ~en- ~1~ of ,~50 O0 hereinbefore provided for ~uch penalty shall ~n eve~"y such case be dded Vo the ;icense tax and shall become larv the~-eof, and shall be collected in the ~n-;:e man:~er ta:.:es are collecZed; and any retail merchant u'ho sh~:~!! ~ntlnue to vio!a~e he_~av; requiring such records to be ae~;t'- ~' , after a ..... ~,,~tten; notice ~-~=,om the ,~om-.'~ission'er" the i~evenue shall be subject to a ~'urther ~2enaltv of ~.~50.00 for each mont~, such iolat~on ~f ~', · . ~,.e law sbm~l contlnue after '~ _ - - - t,e g~ving of such notice, WhiCh p~nalty ;hall ~e assessed and collected in the same manner as ta::es are assessed and collected. SECTION 2 *:~* ~'~.',: w ":, .... ' .... ~' .,,,~o,~ ..,~li,~ni2.:~'o. All merchants who sell to o~her persons, or corD. oration for resale,or ,'~'~,o sell to zndustria!' buyers ~h=~l~ ~ 'ce deemed to be wholesale merchants. Every person, firm or co~,oration engaged in the business of a' wholesale merchant, shall pay a license tax for the ~rivilege of doing business in the City o~ l{oenoke to be measured in i, art by the amount of purchases made by ~ - - him or it in said business, whether _v~' ~_.d for or not, of ,January 1955, as follows: during the year preceeding the 'lst, day L'here the amount of said :.urchases do not exceed .,j4,O00.OO, ~40.00; where the amount of said purchases exceeds ~4,000.00 and is less than .~50,000.00, the tax shall be 40¢ on the ,,;.100.00 in addition thereto; %'~-here the ~ount of said i:urchases exceeds . 50,000.00 and not in excess of ~100,000.00, the tax shall be ~0~ on the ~00.00 in addition thereto; %':here the amount of said 2. urchases exceeds .3100,000.00, the tax shall be 15¢ per hundred dollars in addition thereto. 123 124 ~,'here a bus i:.ess for which a license tax is imposed by this section is commenc ~d the license tax shall be the same as above set forth, e - on or after January l, 1938, cept so much thereof is measured by the purchases in said business shall be bssed upm ~the probable _urchases in said business from the date of commencement thereof to · ~December Z1, 1955. L'here a merchant conduc~.s a u..olesale and a ~tail business a separate license tax shall be iaid on the wholesale and retail parts of said business. '~'he license ~tax imposed by vhis section shall 'Oe in lieu of all City taxes upon the capit8l ~'ac~uaiiy em~!oyed by said merchant i~ said business'. In determining the license tax to be ~.aid under this sectio~ 2reight not paid [~s freight on merchandise ~urch~sed ~' c- B. sh'~.ing ~oint shall be included ~s y, art of the i.urchase l:rice of the merch:~ndi~e and no deduction shall be made by teas '~n .. · ~!~t :~ - · ~-' thereof, and frel''- i 'd us f~'ei~ht on merch:ndi~e ~urchase :: .- ~oanoke shall :~ot be included as lart of t!~.-~ urcnase _.~ce and is therefore deductab!e, but only ,.,:~- ~.,~ -. " 0 B :lom~ohe ',~'~ ce, inc!udin~ th~ freight, is ~nc!uled i:~ the i~urchases. ~,s to all ~_,estions in regard ~o ~ne keei:ing aha ~2reservation of invoices and 'and as to all $~esti',ns re~arding the a record of yurc~a, zes, ani from whom made, . _ keevins and-freservation of an accurate record of all purchases k~de :y each whole- Sa!e merchant, for the '~ _ ~ --~ =~rose o; enforcims the license tax herein im-,~osed and for the conducting and Guidance of officers of the City ~d other persons effected by the Ordlnmncss and 3~vislons of Section 188 of ~ Act of the Assembly of Virginia, al~roved i[~:h 16, 1934, Acts of the Assembly 1934, page 190 et seq., ~e hereby adopted. ~,.,,~sa~e merch~t who fails to keep the records herein p~vided for shall be assessed with a penalty of $50.00, in addition to such taxes as ~y be as- cer~a~.,ed as herein iorovided. Whenever it comes to tee knowledge of the Oomission~, of the 2evenue in m~y ~-~ay that a wholesale merchant has not kept, or i~ not keeping and Sreservins th~ recoris herein provided for he shall estate the probable chases o~ su.~ wholssa!e merchmnt to the best of his ability and assess such whole sale merchants with the City License tax pro%~ded by 0rdi~nce upon ~h~ pm-c~ses so estimated, in addition to the penalty of $50.00 hereinbefore provided for, Such penalty sh~l in every such case be added to the ]~cense tax and sh~l become a part thereof and shall be collected in the same ~ner t~es are collected; and any ~hole- sale merchmut ~;ho sha~ continue to violate the law requiring such records to be kept, aftev a ~rztten notice from the Commissioner of the Revenue, si~l be subject to a f'~.the~ -=hairy of ~50.00 for each month such violation of the law shall con- tinue after Zhe givi~ of such notice, w~ch penalty shall be assessed and collected in t~,. $ e ~nner as t~es are assessed and collected The 0rdi~nce is !~d over. ~-,~,~.~ ~iD F~o~: The ~ler~ is .~rected to~ the City Attorney to ~raft ~he presm~t 0rdinm~ce for Cle~i~ ~d Pressins establiss~ents, ~th provisio~ for a tax of ~40.00 Set annum for strictly pressins establis.~ments ~i~ no fluids either inflmmmable or non-infla~ble of any description on the premises. The rates ~f ~V5.00 an~ ~40,00 to be flat rates, not pro-rated, ~d the present desi~ ~. tion "by h~d" to be striken rrm the revised or~inmnce. > COAL MERCHANTS: The Clerk is directed to ask the City A~torney to prepare a section or amendment to the present ~erchant,s License Ordinance providing for spe- cial license applicable to coal merchants as indicated by proposed Section 3, of Ordinance submitted by the coal dealers· REFUND OF TAX~i~: A communication and proposed ordinance to refund the City Troasurer of the City of Roanoke $80.50 collected for taxes and credited in error J. Lyons for Lot 15, Block 15, Raleigh Court. Mr. Comer offered the following resolution: (~4410) k Pd.~SOLUTiON to pay the City Treas~rer of the City of Roanolm $80.50, heretofore collected and credited to taxes for the year 1934, on property described as Lot 15, Block l~, R~eigh Court, in the n~e of ~. J. Lyons. ,Ji~~, it ai~Dears by records in the City Treas~er,s office and subst~tiati~g evidence presented to the Co~cil of the City of Roanoke that an ~o~t of $80.50 has heretofore been collected for the City of Roanoke and in error credited to taxes due for the year 1934 on real estate described as Lot 15, Block 15, Raleigh Court. ' ~;' ~ "~ BE I.T ~SOLVED by the Council of the .~zty of Roano~.e that the .~ity TI~ 0~, Auditor be, and he is hereby directed to draw a w~r~t in the ~me of the City Treasur- [ to the anount of ~80.50, a~ the City Treasurer be dir~ted to credit this m~ount. the taxes for which it Ir~perly belongs. ~ Comer ~.~oved to adopt the resolution. The .motion was duly seconded and the resolution ad(.pted by the fo!lo%~/ing vote: AYES: Liessrs. Bear, Comer, Powell, TJinn and the President, ldr. Small i~AYS: None ...... 0. The foliowinc ordinance having been introduced, read and laid over was taken and again read: (~0S) AN 0RDINAJ~CE regu!ati_n~Z the e~ibition of fire works or e~)losition of )ther like articles in the City of Roanoke and providi.~ penalty for violation there- ~f. ( For full text of 0rdLuance see Ordinance Book No. 8, Page ._.___). ,~Lr. Bear moved to adopt the ordinance. The motion &':as seconded by Lk~. Winn and idopted by the follo~'~ing vote: A~o: ~.~essrs. Bear, Comer, Powell, 'Jinn and the President 1Pr. Small --5· NAYS: None --0. I ACQUISITION OF PROPERTY: The City ~anager reported that l.lr. Showa!ter of the ld Dominion Fire Insurance Company bad again approached him with reference to the .ale of the City of a piece of property on the Northwest Corner of Loudon Avenue .0th Street N "~ at a price of $100.00 !Jr. Bear moved that the property be purchased from the 01d Dominion Fire Com- pany at a price of ~100.00, and that the City Attorney be requested to draw up the ~roper resolution or Ordinance covering stone. The motion was seconded by l~r. Winn and unanimously adopted. REAL ESTATE LIC~qSE: At the request of ::lt. Comer at a previous meeting, the Clerk reported number of real estate license paid for 19~4, as compared to 193~, and 19~a, the report showing the following 19~ -~6 ]~aid, ~1,~75.00; 193~ 26 There being no further business, Council adjourned to meet at ?:~0 o'clock Saturday, November ~4, 19~4, for consideration of the budget· ATTES A P P R 0 V E D :125 126 COUNCIL, Sat ur day, SPECIAL N~.ETING, November PA, 19~ The Council of the City of Roanoke met in Special Meeting in the Council Room ~in the Municipal Buildin~ Saturday, November BA, 19~4, at ?:30 o'clock p. m. PRESENT: Messrs. Bear, Comer, Powell, Winn and the President, L~r. ~mall--5. ABSF~T: None ...... 0. OFFICERS P~ESENT: ;,. P. Hunter, City Manager. The President, l'~r. Small, presiding. OBJECT OF THE MEETING: The meeting is called for the purpose of considering the budget for the first six months of 19~. C~,AL .~,~ERCiLAXTS' LICENSE: The Clerk is directed to write ~r. Lawrence Gilliam, Secretary of the Hotail Coal Dealers, and ask that his Committee appear before Coun- cil at B:00 o'clock p. ~., on ~'riday, November ~0th, prior to the regular hour for the meeting o~2 council, ~o discuss the proposed special license tax ordinauce for retail coal dealers. ~PALACHIAN ELECTRIC POW~R RATES: The City Clerk is directed to write the City Attorney and say tha~ Council is considering the budget for 19~B, item ~-D, page 12, '~Stree~ Lighting", the appropriation for street lighting is the same unit of appropriation for aEgregate number of lights as heretofore. The Appalachian Electri. Power Company, effective October 1st, m~de some reduction in domestic light rates, and Council requests you to investigate and advise whether or not the City cam prop- erly ask for a reduction in annual charges for street lighting taking our present contract into consideration. ~ISCELLA~,,~0US. The City Clerk is directed to ascertain status of interest charges for sewer assessments; ~,ater Company franchise; Appalachian Electric Power Company contract, and amount of taxes paid on Armory. The City L1anager is directed to confer with ~..'~. Crawford of the Norfolk and Western Railway Company, wi~h reference to the Railway Company b.~aring one-half expense of the Travelers'· Aid Society. The hour being ll:00 o'clock p. m., further consideration of the budget is post. poned until a later date, and Council adjourned to meet at B:00 o'clock p. m., Friday, November J0, 19~&. APPROVED ~erk Pres ident COUNCIL, REGULAR MEETING, Friday, November 30, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room in the i,~unicipal Building Friday, Hovember 30, 1934, at 2:00 o'clock p. m., instead of the regular 3:00 o'clock meeting hour in order to hear a special committee from the Roanoke Retail Coal 1,ierchants' Association. PRESFI~T: Messrs. Bear, Comer, Powell, '~'inn and the President, ~[r. Small ---5. ABSENT: None ..... 0. The President, i,'Lr. Small, presiding. OFFICERS PRES~'iT: U. P. Hbu~ter, City ~anager. HRA_RING OF CITIZenS: ~dr. Lawrence Gilliam, President of the Retail Coal Dealers' Association, headed a committee which appeared at the invitation of Council for a discussion of a proposed license tax ordinance excluding the coal merch-~ts from the general merchants' license tax ordine, nce, the proposed ordinance in question stipulat- lng a minimun~ tax of $125.00 and 22¢ per hundred on all sales in excess of $25,000.00. Mr. J. Early St. Clair, of the St. Clair-Harman Company, and i.~. C. H. Brady, of ~he Brady-Harla~ Coal & Coke Company, also spoke in behalf of the special ordinance for coal Dealers. After a lengthy discussion of the question, the President, ~'.~. Small, indicated to the committee that there was some opposition to the proposed ordinance,~ an(~ that there %'Jas also some question as to the legality of discreminat~ng in behalf of one class of merchants. He told the Retail ).~erchants that it was the opinion of .~ Council that all merchauts should be taxed on the same basis, and that after a trial for a .year if the tax proposed in the general ordinance did not seem equitable, that~ Council would give due consideration for changes that might be proposed, in order that all merchants might be ~eated alike, and also indicated that policing or check' lng of merchants, sales for the purpose of verifying proper returns made by the mer- chants would be enacted. The City Clerk is directed to i~urnish the Commissioner of Revenue copy of a list ~f names presented to Council to ascertain ~h~ther or not they should pay a license,~.i md report to Council. ~INUT.~: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispen- sed with and the minutes approved as recorded. PETITIONS A1JD COMMUNICATIONS: ASSOCIATED ~',iASTER BARBERS: A. S. Looney, appeared before Council representing the Associated i~,laster Barbers, complaining of the enforcement of an ordinance adopt- ed some months ago for the regulation of barber shops and beauty parlors. He was ,: sary. CLE~iNG fd1D PRESSING: C. D. Garland, R. Lee Carney and ~U. A. Stewart, directed to confer with the City Manager, who vAll take such action as may seem neces- .! each ap- i! ~eared before Council and presented separate d~afts for a proposed ordinance cover~_g the regulation s~d license of Cleaning and Pressing establishements. Raye 0. Lawson and Walter Loebl also appeared before Council in the interest of the Cleaning and Pressing business. The proposed ordinance presented by l.lr. Garland and that of ~.5r. ~i Garney were very similar in ~tture, both advocating a graduated license, while that 127 128 of I~r. Stewart advocates a license on a sales basis, with the sam~ rates as are in- cluded in the retail merchants' license ordinance. After a recess by Council, the President, Ltr. Small, stated that there would be a special meeting at 10:00 o'clock a. m., Tuesday December 4th, in the Council ~Room, of a committee composed of Messrs. Bear, Winn, Hunter and Jackson, to meet with the Cleaners and Pressers, and that the c~m~ittee will be expected to work land bring definite reco~mnendations to Council at its regular meeting on Friday, out DecE ~ bet 7th. CLOSI/~G OF .%LLEY: Draper W. Phillips, Attorney, appeared and presented to ~Council a petition for the closing of an 18 foot alley on the North~ide of Maiden 'Lane, 200 feet West of Grandiu Road, a petition having been filed before Council on !May 6, 1922, for the pu_wpose oi' closing said alley, in which petition another alley was dedicated in its place, and pursuant to said petition a resolution was passed Council on June 10, 1922, accepting the petition of the then petitioners to close said alley and to accept the dedication of other land in lieu thereof to be used for an alley; that the matters was referred to the City Attorney to prepare proper deeds · -and ordinance to carry into effect the resolution, bu~ that no further stelE were taken about closing said alley, ~nd that according to statute the petitioners now respectfully request that not less than three nor more than five viewers be appointel to vie~; the above described strip or parcel of land herein sought to be for~mally dis continued and vacated and report in writing as the said viewers are directed so to do by statute. l.ir. Phillips was advised that proper resolution for appoint~ent of vteEers at the expense of the petitioners ~'ould be adopted. POLICE PROTECTION FOR VACAi~ HOUS~S: A communicatio~ from the Central ~ianufac- turing Conpmny co~up!aining of lack of police protection for vacant houses in the Northeas~ Section re'as before Council. The Clerk is directed to ac!mG,~ledge receipt of the letter and say that the ~.mtter has been referred to the City Lianager, who v~ill communicate direct ~':ith the Central i.[a~ufacturing Company and advise just what action has been taken. COLL?EhoATION FOR C0~,Ed0R-~..,A~iTH ATTOP~NEY: k letter from A. P. Staples, Attorney iGeneral, in reply to letter from City Clerk under date of November 23rd, enclosing · copy of Resolution No. 4408, ~ith reference to ~epresentation before the Compensatio~ Board on December 10th, torney. for hearing of sala~J and e~enses of the Conmzbnwea!th At- There being no objection, the Clerk is directed to furnish ~mbers of the Corn- Densation Board Committee copies of the letter from the ~ttorney General for such re. port and recommendation as they ~ish to make for the appearance of representatives of Council before the Compensation Board in Richmond on December 10th. SA~'E?£ i.~0TOR TR~,JSIT COP~PORATION FARES: A communication from the City Auditor ~ith reference to method arrived at in computing revenue from sales of fares on S. L;. T. Corporation ~':as read before Council. The Clerk is directed to forward copy of the report to the Mayor who will have a statistician examine the report for his information and clearificatioa. CROSS-OVER: Conmam~ication iron P. F. Bel~, _~_aking applicatio:t for concrete !. cross-over to acco.~.w..~odate property at 109 Cambridge Avenue, Virginia Heights, was be~ for Council. The City L~anager recommends the permit be granted. Ltr. Comer moved to adopt the recommendation. The motion ~as duly seconded and ~th~ follo¥~ing resolution offered: (~4411) A RESOLUTION granting a permit to P. F. Bell to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, Page 200_). Mr. Comer moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: ~essrs. Bear, Comer, Powell, Winn and the President,~. Small ---5. NAYS: None ..... 0. REPORT OF OFFICERS: BEP0RT OF THE CITY I~ANAGER: The City Manager presented his report of work ac- ~ complished and expenditures !'or weeks ending November 15th, and Novenber 22, 19~4. The same are filed. REPOHT OF CITY ATTORNEY: TKLEPHONE CODIPANY FRA~'CHISE: An opinion from the City Attorney indicated that the franchise tax on tho Telephone Company cannot be decreased before Decemver 8, 193~, as the present franchise does not expire until ~hat date. The Clerk is in- structed to request that the City Auditor, il' he has not already done so, check the records of the Telephone Company for verification of the tax paid. APPALACHIAi~I E~.ECTRIC POWER RATES: The City Attorney gave as his opinion that the rates of the Appalachian Electric Dower Company could not be decreased during the ~. life of the present contract, u, hich does not expire until December 12, 1936. The City Lianager was instructed to negotiate with the Dower Company with a vie~ of en- tering into a ne~:? contract for furnishing power immediately and report back to Court- cil. '~RCADE M~°d[ET: The City Attorney reported that persons renting stalls in the ^raade Market pay merchants' license, but that the City receives no revenue from stall rent. The ~atter is referred to the City Manager, who will ask '.LLr. Powell to work with him, and ascertain what License Tax is paid and revenue received from the Arcade Market and report back to Council. REPORT OF COMLLITTEES: AIRPORT CODE~T~TTEE: L~r. Bear, Chairman of the Airport Committee, reported that his committee had a conference with ~essrs. Lemon and Reynolds relative to their bid for the operation of the Airport, and that ~&r. Htmter was nov.' asking for certain in- formation from Richmond m'hich would be necessary before their final~ report. CONSIDERATION OF CL~.~S: None. ~ INTRODUCTION ~D COMSiDERATION OF 0HDIND~ICES AND RESOLUTIONS: PROPHI~.~CTICS ~iD CONTRACEPTIVES: ~&r. Porn'ell reported to Council that a com- mittee composed of Dr. Ransone, D. R. Armentrout and' himself had discussed the pro- posed ordinance on Prophylactics and Contraceptives read before Council previously, and that the Ordinance was now ready for its second reading. ~ Mr. Powell offered the following Ordinance: ~ (#4395) ORDINANCE regulatin~ the Sale of Applic_~nces, Drugs and Medicinal Prepa- rations Intended or Having Special Utility for the Prevention of Conception and/or Venereal Diseases. ( For full text of Ordinance see Ordinance Book No. 8, page_197 ). Mr. Powell moved to adopt the resolution. The motion was duly seconded and the Resolution adopted by the following vote: AYES: I~essrs. Bear, Comer, Powell, Winn and the t:resident, NAYS: None ...... O. LLr. ~na!l--5. 129 130 Mr. Bear offered the following resolution: (~4412) A RESOLUTION providing for the purchase o£ a lot or paroel of lend at the North~lest Corner of Loudon Avenue and lOth Street N. W. ( For full text of Resolution see Ordinance Book No. 8, Page Mr. Bear moved to adopt the resolution. The motion was duly seconded by ~r. ~'inn and the resolution adopted by the AYES: I~essrs. Bear, Comer, Powell, NAYS: None ..... 0. following vote: Winn and the President, Small--0. L~qERF~S, it is provld~d in said act that one-half of all moneys collected by said~ ~om~m~ ~'osion~ shall be apportioned and distributed to cities and to~s in propor- tion to the amount collected from contests held and licenses resident in such res- ?ective cities and towns; and '~'~-~EAS, said ac t ~ -' .~o~.~zdes ti~at no license shall be issued by said Commission to any club, corporation or association to conduct wrestling, boxing or sparring exnz~ztions in Zhe City of Roanoke unless the Cotu~cil shall have consented to the conauctzng of said wrestling, boxing or sparring exhibitions in the City of Roanoke. HOW, T'~nEREFORE, BE IT 0~RD&~.NED by the Council of the City of Roanoke that the consent of +~ ~ Council of the City of Roanoke be, and is hereby given to the conduct lng of *~restling, boxing or sparring w~tches or exhibitions in the City of Roanoke, under the direct me~nagement and control ~f the State Boxing and L'restling Commission The ordinance is laid over. ,.~ktr. Comer offered the follov~ing smendment to Ordinance. No. 4409; For paragraph readimg as follows: "A license tax imposed by this section shall be in lieu of all .coty taxes upon the capital actually employed by said merchant in said business and shall not be transferrable and shall not be subje'c~ zo any refund after license h_~s been in effect for a periof of six months, but shall be subject to a pro-rata refund if in effect for a period of six months or less." Amendment to ss_me to read, "A license tax imposed by this section shall be in lieu of all City taxes upon the capital act~_~_~_lly employed by said merchants in said business and shall not be transferrable or prorated." ktr. Comer moved to adopt the amendment. The motion xYas duly seconded by-.ktr. Powell and the amendment adopted by the following vote: Mr. ~in~ offered the following Ordinance: (~4~13) AH 0RDLNANCE consenting to the conduct of Wrestling, Boxing or Sparrin~ ~Exhibitions in the City of Roanoke under the direction, m~nagement and control of .~he State Boxing and Wrestling Commission, created under an Act of the General Assem ~bly of Virginia, approved ~darch ~9, 19~4. Z~ER~, by ab act of the General Assumably of Virginia, approved March Eg, 19~4 a State Boxing ~nd Lrestling Co~m~ission was created and vested ~:~ith sole direction, manage~uent and control of jurisd!~ction over all ~restling, boxing and sparring mat- cD. es a~d exhibitions ~o be conducted, held or given within the State of Virginia by any club, corporation or association; and LH~, said Co~m~ission ~Tas authorized by said act to issue licenses to co,duc or hold such matches or exhibitions, for which licenses annual fees are required by said act to be paid; and .n~RE~o, a tax upon ~h~ gross receipts from the sale of tickets or admission ~o such matches or ezd~ibitions is required by said act to be paid to said Commission AYES: Messrs. Bear, Comer, Powell, Ninn and the President, Mr. Sm~ll ---5. NAYS: None ......... 0. The followLug ordinance having been introduced, read and laid over and an~nded as per the above was again taken up and by a unanimous vote of Council the second ~reading is dispensed with: (~4409) AN ORDINANCE governing and fixing license taxes to be paid by Retail ~i and Wholesale merchants in the City of Roanoke. ~ BE IT ORDAINED by the Council of the City of Roanoke as follows: ~ gECTION l: RET/klL i.iERCtI~TS: Every person, fi~m. or corporation engaged in the ~ business of a retail merchant shall pay a license ~ax for the privilege of doing ..~ business in the City of Roanoke to be measured by the amount of gross sales made by ~ him or it in said business, whether paid for or not, during, the year preceeding the 1st, day of January 1935, as follows: i~here the amount of said sales do not exceed $4,000.00, $40.00; where the amount of said sales exceeds $4,000.00 the tax shall be 22¢ on the $100.00 in addition there- All merchants who sell to the consumer and not classified as wholesale merchants ~y the Section of this 0rdin~nce i~posing a license tax on wholesale merchants shall ~e deemed to be retail merchants. Wq~ere a business for ~hich a license tax is imposed by this section is commenc-~ ~d after January l, 1935, the license tax shall be at the same rate as above set forth ~pon ~he probable sales in said businsss from the date of commencement of said busi- ~ess to December 31, 1935. ~U~ere a merchant conducts both a retail and wholesale business separate license ~ax shall be paid on the retail and ~holesale parts of said business. A license tax ~ b_~ this section shall be in lieu of al~l ~ity taxes upon ~h__~e _c_apital~ ~ ~ ~y said mcr_chants in said business and shall ~ot be ;rans.ferrable or prorated. ( For fnll text of Ordinance see 0rdinsnce Book Mo. 8, Page 198) _ . hSro Bear moved to adopt the ordinance. The motion was duly seconded by ~omer and the Ordinance adopted by the following vote: AYES: ~.dessrs. Bear, Comer, Powell, Winn and the President, ~:ir. Small--5. NAYS: None ..... 0. Lit. Comer offered the following resolution: (#4414) A RESOLUTION directing the City Auditor to dra~~ a ~arrant to the Social ;ervice Bureau for the sum of $7,800.00. ( For full text of Resolution see0rd~nance' Book No. 8, page _202 ). D;r. Comer moved to adopt the resolution. The motion was duly seconded and the ~esolution adopted by the follo¥~ng vote: AYES: ~iessrs. Bear, Comer, Powell, Winn and the President, ~br. Small --5. NAYS: None ..... 0. Mr. ~in~ offered the following resolution, providing for appointment of vie~- .~rs in the closing og 18 foot alley lying in the N. $. of ~laiden Lane, 250 feet ~est: >f Grandin Road, it being urmlerstood that petitioners would bear all expense incident; ;hereto; {~4415~ It appearing to the Council of the City of Roanoke, Virginia, upon the >etition of Blanche Brooks Trent and j. B. Trent, her husband, and Della 3ama Beclman, ~idow, that they did duly and legally publish as required by Section 5~g0 of the 1132 Virginia Code of 1930, a notice of application to the Council of the City of Roanoke Virginia, to close the hereinafter referred to former 18 foot alley, the publication o~' which was had by posting a copy of said notice on the front door of the Court "'House of the Hustings Court for the City of Roanoke, Virginia, and two other public ~places in the City of Roanoke, Virginia, as provided by the aforesaid section of th~ ~,l[irginia Code, all of which is verified by an affidavit appended to the petition ad- idressed to the Council requesting that the hereinafter described 18 foot alley be '~'ormerly discontinued and vacated. ( For full text of Resolution see ~rdinance Book No. 8, page 201 ) i ~r Ji~m moved to adopt ~he resolution The motion was duly seconded by Mr. Bear, and the resolution adopted by the following vote: AYES: ~essrs. Bear, Comer, Powell, Winn and the President, ~.'~r. Small --5. ~.,~TS: None ....... 0. The question of.a~,~poin~:~ent of License Inspector attached to the Commissioner of Revenue's office ¥.'as before Council, and l.tr. Winn offered the folloming resolutioz (#4416) RESOLVED, that in order to more thoroughly supervise the returns for license taxes, and adequately police the paym~t of license taxes as specified under existin~ Ordinances, and insure the rendition of accurate returns for purpose of ~axation, ~he designation and appoin~..~ent of a License inspector, attached to Com- ~issioner of Revenue's office is hereby authoz'ized. ( For full text of Resolution see Ordinance Book Mo. 8, Page 2__0~..~. l,_~r. Winn moved to ado?t the resolution. The motion %'Jas seconded by L~. Powell and adopted by ~he following vote- ~Y~o: ~iessrs. Bear, Comer, ?owell, :~Jznn and the ~resident, L2r. Small--5. :~'.~'~- l;one ..... O. A proposed resolution fixing salary of License Inspector was before Council, buz it was unanLmously agreed that this resolution be held in abeyance for considera- tion in connection ~ith the Budget for the first six months of 1935. APPOIi~i~F2~TS: The question of appoint.merit fo]- the position of License Inspector ~;as before Council, and ~,ir. ?;inn offered the name of 5~. J. H. 15Iahaffey for nominati~. The nonination ~Jas seconded by l¥lr. Powell. There beirdz no further nominations ~.&r. J. H. Nahaffey vJas ~n_~_nimously ~Dpointed as License Tax Inspector, to be attached to the Commissioner of Revenuers office. ~iOTIOHS Ai~D i£ISCELLAi{EOUS BUSINESS: STREET LIGHTS: The City ~2anager reported that he had a request from the Roanol~ ice and Coal Storage Company for a street light at their plant and recommends that ~his be held in abeyance until after the first of the year. it was unanimously agree that the recormaendation of the City ~lanager be concurred in. ~'~5~.RER'S OFFICE: The President, i~Ir. ~mall, suggested that ~.dr. Powell, from Council, be designated to confer ~ith the City Treasurer ~ith reference to inserting an advertisement in the local papers, calling attention to the penalty date on taxes and that the Treasurer be asked to keep his office open until 8 o'clock on December 5th. ~htr. Bear suggested that the office be kept open until 8 o'clock on the days of the ~rd, 4th, and 5th, and it ~as agreed that ~5r. Powell confer with the Treasure] and convey this in~ormation. 13'3 PENALTY FOR FAILURE TO MAKE PERSONAL PROPERTY RETUPJ~S: The City Clerk is dire~ ed to have the City Attorney prepare Ordinance imposing penalty of 10% or a minimum of $~.00 for all persons failing to turn in personal property returns, amd have same ready for Council at the regular meeting of Co~cil ca December ?th. STOP LIGHTS: The President, Mr. Small, brought before Council the question and advisability of having the master control circuit for stop lights in the downtown district changed in order that certain lights might be cut off whenever it seemed ~ advisable for the better control of traffic. The City I,Ianager ~as directed to in- ~ stigate as to the cost and report to Council his reco~mendations. BUDGET: The City ~aneger is directed to ~repare estimates of City's income for the last six months of 19~, for Council,s information, the same to be prepared in ~ collaboration with the City Auditor and Purchasing Agent. There being no further business, Council adjourned to meet at ?:Z0 o'clock p. m., Tuesday, Dece~aber ~, 19Z&, for further consideration of the budget. APPROVED ATTES~:~~~ 134 COUNCIL, SPECIAL ~EETING, Wednesday, December 4, 193~ iThe Council of the City of Roanoke met in Special Meeting in the Council Room in the l~lunicipal Building, Tuesday, Deceraber ,$, 19~, at 9:~50 o'clock a. m. PRES~T: ~essrs. Bear, Comer, Powell, Winn and the President, ~.~r. Small--5. ABS~IT: None ....... O. The President, iJr. Small, presiding. OFFICERS PRESENT: W. P. Hunter, City l.fanager. OBJECT OF THE I,~Fi~TTMG: The l~esident, !.Lt. S~uall, stated that the meeting was i. called at the request of the Corporation Cormnission, l.Lr. Hooker, Chairman, w ho had received zhe report of the Conmuission coveri~g the recent survey Of the Roanoke Waist 7~orks Company, and that Council v:ould be very glad to hear from l~r. Hooker. ,'.~. Hooker stated briefly the steps leading up to the survey of the Roanoke ~,ater ',.'orks Co, any, which survey was placed in the hands of Allen J. Saville, who ~as given blanC:et authority, with no li~nit as to time and funds, the funds being ~de available i'or such survey ti~rough the efforts and co-operation of Roanoke re- presentatives in the Legislature, viz: A. P. Staples, 17. H. Scott, and B. J. Fishbur Lit. Hook,er stated that thc re_octet oi' L.Lr. Saville ~'Jas no~'J complete, and that it was the most complete and detailed investigation ~ade of any public utility in the ten years he t~as been a member of '~ ~e Commission, and that ~'JtLile the report may seem small in size, there ;':ere filed in the Richmond office stacks and stacks o~,~ working Raterial su?porting the report, which vJas open for ins!~ection, and that ].;r. Saville, ~?ho '~':as in ch~rge of the survey', ~'Jould nov~ present to Council the report, ~ith such Lco~..nent~ as he c~red to make. Lit. Saville, presented to each nembe~ of Council a typewritten report, and read the editorial part of the re'port submitting Sa~e to ~ne State ~ ~* ~ Corpora ~zon Commission digressing at intervals to e~lain more fully certain phases of his findings. ( For full text, see copy of ~* '° 'L..~r. Saville explained that a grgu~, of en~in~ers~ = and accountants had spent ten ~onths in ascertaining the physical ~r~ioerties, an~ that his company had been fortu- nate enough to secure ghe se_wvice of local engineers in c onductin~ the su.~vey; and that at the sa~e time the Roanoke Water Works Company had their own engineers, ~'~q~it- _~_~n, Requardt and ~L~th of Baltimore, v~ho chec~ed ~.~¢ engineers of the Commission, so far as invert-cory ~nd other items were concerned. He stated ti'mt the Commission ~:as also fortuuate in having the services of ~.~essrs. C. £. Spindle, S. :.." liason and R. L. Rush as appraisers of the properties of the Water Company. :. llr. Savil!e stated ttmt since the comoletion of his report and submittinG same to the State Corporation Co~ssion there had been a conference ,nith representatives of the Roanoke -~iater Company in Richmond, and that according to his understanding th h'ater Company was prepared to submit a new s~hedule of rates for Council,s considera- tion, and if accepted could be put ' *' ~n~o effec~ within a leu weelm. ~ The President, 2,~. Small, as ~ell as other me~B_bers of Council Questioned ~. Saville as to methods and inclusions ~n his report, many items bein~ discussed at 1 ength. ~ Lit. Hooker spoke briefly exi0_laining that it ~as customary to release such re- ports in Richmond, 'out ~hat inasmuch as this was a ~uestion that no one was interest ed in outside of Roanoke, instead of asking representatives from Council to come to Richmond, that members of the Commission had come to Roanoke to release the report. The President, E,!r. Small, stated that Council in receiving the report and also the tentative schedule of the ne'~ rates proposed by the Water Company was doing so by reserving all rights of protest after a study of the reports for a formal hearing! before the Corporation Commission. ~ Col. James P. Woods, Attorney for the Water Company, spoke briefly in behalf of ~ the Later Company, and presented to nmmbers of Council the pro_0osed schedule of rates, which would eliminate ~he present service charge. ~ V. F. West, Pzeszdent o!' the Water Company, also spoke and was quest~_oned by ~ members of Council as to the financial setup of the Water Company, and methods arriv- ed at in computing the proposed rate basis. ldr. O. J. ReQuardt of the firm of Whitman, Requardt and Smith, E2gineers for the Roanoke Water i'~'orks COmpany, spoke briefly e~plaining his connection and methods used, and the general co-operation received by the Saville engineers, the City of Roanoke and others, in connection with the Survey. / The President, ~',!r. Small, in closing stated on behalf of Council he ~vanted to thank LM. Hooker and other members of the State Corporation Co.mmission for coming to Roanoke ~o present this report, and also the r~embers of the Water Company, the Engi- neers and legal representatives and that Council was accepting the Saville report and the tenZative schedule oi' rates proposed by the Water Compmuy, however, with the uu~derstanding that Council reserved all rights of protest and a fore, al hearing before the Corporation Co~mission, after a study oi' the reports, but at this time he ~ight Isay that Council is going to have to take exception to a rate based on pressure system, which after all ~:as only another method of exl~ressing the Service charge. There being no further business, Council adjourned at 1~:10 p. ~.. ~PPROVED ATTES~ 135 "136 COUNCIL, SPECIAL ~EETING, Tuesday, Deoembe: 4, 1934. The Council of the City of Roanoke met in Special i.[eeting in the Council Room in the Lunicipal Building, Tuesday, Decer.'~ber 4, 1934 at 7:30 o,clock p. m. PHtlS~T: !~essrs. Bear, Comer, Powell, Winn and the President, !.~. Small ABS~T: ~ The i~resident, ,,.z. Small, presiding. '.~. . .~unuer, City .~anager and P. H. Tucker, Purchasing OFFICERS TRES~T: ,, F " ~ "~ ........... ~' ~'-~ The ,~.~v.~m OF '~'n~ ...,-,~.: meeting-' is called for the p~pose of considering the budget for tt~e first six mont?~ of 1935. oTR' EET LIGiiTS: The City :.[anager is directed to investigate the advisability of cutting out some of the "l'~hite" " _ -.ay lights on Salem Avenue and report back to Council. ~AL.~,~±~,~ _~ND .,,,.~,,.~SEo: The Cit., Clerk is directed to write R. J. ',~atson, Clerk of the Co~urts, invitin.~ him to a~-oear_~ before Council_ at 3:00 o'clock p. m., on e~,er 7th, _ _ Triday, Dec '"~ for the v~uroose of discussin~ the question of salaries and ex-penses of his ofi'ice. The Clerk is also directed to ~'~rite !~tr. Horace E. I,iayhe~, City Sergeant, m~d inviZe ~:~' :~,,, to appear at 2:30 p. m.,. same date for the same put- ~ose. SALARIES OF jb~DGES: The City Clerk is directed to ~;-rite zhe Judges holding' cou: the ~ ~ ~'~ ~' ~' .~_,ty of to ascertain their reaction as to a voluntary reduction in supplementary salary paid by the City of Roanoke. it" ~'~"~=*,: is directed to ask i. Lr. Johnson and i.lrs. Jeffries to ~.e~_ before ]ouncil at some Special !deeting for the puepose of discussing bud- get rec_uirements of the Juvenile Home, it being the consensus of opinion that the ~ ~a~e for board should be reduced. Der day ~ ~ oCnO~L BUDGET: The City Clerk is directed to ask l.Lv Hazelgrove, Chairman of the School Board, Mr. McDonald, Clerk, ~. LicQuilkin, Superintendent and L:r. Yates, City Auditor, to appesa' before Council at the next special meeting of Council .for consideraZion of the budget. There being no further business, Council adjourned at 10:00 o'clock p. m. APPROVED President ,t COUNCIL, REGUL:~ ".,~,~,T,~.,o Friday, December 7, 1934. The Council of the City of Roanoke met in regular meet ir~ in the Council Room in the i.lunicipal Building Friday, Dece~;~ber ?, 19 34, at 2:00 o'clock p. m., instead of the regular 3:00 o,clock meeting hour, in order to discuss with R. J. Watson, C~erk of the Courts, mad H. E. Mayhem, City Sergeant, the question of salaries and expenses of their offices. PRES~,~T: Messrs. Bear, Comer, Powell and She !:resident, l.r. S:"~ll ----4. ABS~T: Mr. Winn .... 1. The i:resident, i.,~,'. Small, presidinj. 0FFICE~ ~-~v-~-~ · r City i.~ana~er. · -~o~,~: . l'. [~!~llte , -" , ~' . . "~ Small, stated that S~,.~tI.,.~ ~GID EiG~,Io=o ii J .,aThOs.,: The _-reszdent, _,:,. Council in revieEins the Budget the other night as it relates to salaries and e~en- scs for the Clerk of the Court's office, finds a letter from you to l..r. llunter, in which it seems %7itb. the exceI~tion of the salary of tl~.e Clerk of the Courts, all sala- ties in your office are inc,.eased, and ~;e %':ould like to kno¥; if you? application has '~ ~ .... ~] and ~';hether or not %~;e could not reach some been made to the ~ompensation ~~, agreement and :.aake a jo_n~, statement to t!~e Compensation Board. L[r. ,iatson stated that he had submitted the same figures to tl~e Compensation Board, and after a aiscussion of tl~e question stated that he could not agree on any other Z'igures other than the ones now before Council. Being unable to reach an agreement the President, Sma 11, stated that in justice to other employees and the City, Council {~ou!d have' to ask the Compensation ooar~ to intervene and to hear Council's side oi' the story. SALARIES ~J~D ..... '~'' · ~. The President, 12r. Small, stated that he %';as making substantially the sm.ne statement to i.~. l.layhe%' as he had made to ~,Lr. ¥fatson, and that Council ~as very anxious to reach sor~e agreement and ~ake a joint statement to the Compensation Boa;'d with reference to salaries in the office of Cit~ 'Sergeant. In discussing the question i.lr. Ziayhew stated that he did not feel that he could .i agreee to ask for his employees to continue on the same salary basis, to ~hich the i:resident, i.~. S'~aall, stated that in justice to other city employees and the City, Council ~:ould have to ask the Compensation Board to intervene and to hear Council's side of the story. There being no objection, the City Clerk is directed to %;-rite the Compensation Board stating that it is the understanding of Council that the Clerk of the Courts, and the City Sergeant have submitted schedule of rates of salaries for their res- pective offices for the calendar year i9~5, and that before any actio~ is taken by the Compensation Board, Council vould like to be heard in the matter. ~'..INUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed ~'~ith and the minutes approved as recorded. PETITIONS Y2ID COLE~u~iCATIOHS: SANTA CLAUS PARADE: Chas. H. Carson, Parade Chairman, of the "Santa Claus Parade and Christ~_.s Pageant" appeared before Council and asked that Council designate 137 138 someone from Council to act officially for the City on Monday, December 10th, in meeting and greeting the out-of-town Mayors who are expected to visit the City. The i~resident, i.lr. ~mall, appointed Mr. Comer, but he advised he would be out of the City, whereui:,on City Manager ~,~. P. t!unter ~as desigr~ted. CLOSING OF ALLh~Y: Draper ~'. Phillips, Attorney, again appeared before Council ~in eoD~ection with the closing of an 18 foot slley on the Northside of l.~aiden Lane, statin~ that the viewers had com?leted their work, and he had drawn up a resolution '~to present to Council for proper action. There being no objection, the report and resolution are referred to the City ~Attorney to rei~ort ~o Council the necessary method to dispose of this resolution· STR£ET -'~~"u~'~~,,~~...~: Lhrs. d'. ~ ~. Hatcher and 12rs. Fa; cett apl~eared before Counci~ co?_plaining of drainage conditions on ~rlington .Road, and asked that residents in that sectiou of Raleigh Court be given some relief. The git" i. Lanaser stated that this ~'~'as one of nine ~rojects that would be hroug~ before ouncil $ au~nc t~,e z?.eeting, ~:hich ~;ork woula be done witl~ ERA labor, if ap- =.:roved ~" ti-. Richmond : ~. "~ ~mali advised i.:rs. Hatcher ii' there The -resident, .... . , was any t~ay the City ~. · ' ~ --~ ~.:aterials, a~ ii' the ERA labor could be used, could finance the ~ chas~no ~ - felt sure the section referred to would receive some relief very shortly, but she .... '' . he could ~:o~,=a confer v;z~:~ the City ~d~ager ~n~ first of the coming week, if advi se ne_. ',.'hat actiou has been t~en ~-=~,~,...,.,.~,._o. ~ cony,_~uzlication from the Co~.:n,lissioner of l~evenue was read before Co,mci!, taking e..ce~ion to the a~:poznvment of a License Insr, ector by Council to 'be attached to Zne Con~?~issioner of Revenue's o~zce. There bemng no objection, ~ letter is referred to the City Attorney ~ith the request that he f~:~nish Council -~:ith an opinion as to t::= po~',~ers of Co~mc~ 1 as re- ferred to in Section Ho. 38, of the City Charter before ~=k~r~ any further steps in the matter. RY~iI~D 0.~. ~_~_~. A cor~tu.~ication fro~,~.. B. ..~." Phelps asking for a refund of $140.~3, rep~= ~ ~ _ ~sentin:: excess taxes y.,aid on buildimS frS15 i,~or_,olh Avenue S. ,,., the o:u_:u, zcation bain2 supported by letter from :'. -" Liullins, Chief of the Fire De- partnent, stating the said buiidir~g was badly d=:..a~ by fire on July 16, 19 o&. The City Clerk is directed to check up on the question and report to Council, p. ending the passing of Resolution authorizi~ the rebate. CCAL DEfiLERS: A coT~_amunication from the Co?,_missioner of Revenue v,~th reference to list of names presented to Council of parties conducting coal .business within the City ~'zizhout license was before Council. The City Clerk is dLrected to send i:the Yres~a~n~ of the Coal Dealers copy of the Conm~issioner's letter· CR0oS-~,~E~R'. Co~m:u~ication from C. ~." Brown, making application for concrete cross-over to accommodate property at i.~o. 57~_ Arlin~gton Road, Raleigh Court, v~as /:before Co:~.cil. The City :.:ana~jer reco~.~ends the permit be granted. Mr. Comer moved ~'to ad~pt the recc, z~,~,,endation. The motion vas duly seconded and the foi!o~ir~ res~- : !ution offered: 44171 A R~$0LUT!017 gr~utimr a '-'.e~,~it to ~ ,~ A. Brox'~n to construct a certa~ n=~.~, by the Council of the City of Roanoke that a pemit be, ~hereby granted C. A. ~rown to const~ct a concrete cross-over to acco~odate his and is Property at No. 574 Arlington Road, Raleigh Court. Said cross-over shall be constructed according to the good liking and satisfac- tion of the City !2anager and under sI~cifications to be furnished by him. Said j. A. Brown by acti~ under ~his resolution a~ees ~o i~lemnify and save aarmless the City of Roanoke from all clahas for dm~ages to perso~ ~' pro!~rty by ~eason of the construction ~d ~intenance of said cross-over. ~. Comer moved to adopt the resolution. The motion was duly seconded and the ~esolution ado!;ted by ~he following vote: AYES: L'iessrs. Bear, Comer, Po~ell and ~he i~resident, ~.~. Znmll --- 4. NAYS: None ..... 0. i-~ Ui~ Oz THE Ci2~ .... ~ ..... ~ " ~a~t,~,~: The Ozty ~.mnace~ r~,orted followinj ohanEes in the i, ersonnel or the ?olioe Department: R~,I~s=~: Jotin ~,. Bishop, entered servio~ ~aiiuary 1, lgOO as Patrolman, retirad December 1, 193~. ~.~~: Liitchell L~cKina~y, entered se~iee as ~&trol Chauffeur Decemoer l, The report is filed. The City :=anager presented regort of ~Jork accomplished and e~fenazoures for ~ain~ November gg, 19~. The same is filed. ~II~.0~,. 'i'~ ~C;~,0L .~.~C~,,,:,~: L,r. D. ~..,.c~uilkin, ~uperinuenaent of Schools, ~gpeared before Co.oil and !3resented his re?oft of delin.tuent taxes of teachers as f~ece:=o~r ''~ -~'= 1st, as previously requested by Co~cil, showing a total_ of ten teachers eing delinquent as of the above date. ' i 139 The Clerk is directed to ackno%;ledge receipt of the re?oft and ask The Superin- tendent of Schools to notify Com~cil when the ten delinquent teachers have discharged their del inquency. P,w~PORT OF communication, together with i~'aid tax tickets on the Airport from the i,:ountain 1'rust Bank was before Co~mcil, showi~ the City's pro-rata part of the taxes to be $165.48. Comer offered the follo~:~ing resolution: · ~,..o~o~iu~, to pay the i.iountain Trust Bank ~165.4~, to cover une Cit,-'s : pro-rata Dart of taxes on ~irport. ( For full te~ of ~esolution see Ordinance Book .No. 8, Da~e ). Comer moved to adopt the resolution. 'The motion was duly seconded b:? i.lr '~ Bear and the resolution adopted by the following vote- AYES: Messrs. Bear, Comer, Powell and the President, NAYS: i!one ..... 0. CL~',IN~- Ai~ PRESSING: Llr. Bear, Chairman of the Corm!tree to make a study and ireport to Comucil a proposed Ordinance coverir~; license of Cleanir~ and Pressing establishments, stated that the Committee had invited the Cleaners and Pressers to a hearing, and had given them considerable time; t~hat the Committee had given'consid- .! eration to every subject they presented, and after careful consideration had prepared a ~)roposed ordinance for presentation, and which should also be considered as the report of the Committee. 140 ~',Lr. Bear offered the following Ordinance: (~4419) AN ORDIN~bNCE imposing license taxes to be paid by persons e~Eaged in Pressing and Cleaning clothes and other articles, for soliciting pressing and clean. ing work to be done outside the City of Roanoke and prescribing penalty for viola- tion. BE IT ORDAINED by'the Council of the City of Roanoke that every person, firm o: · cori.,oration engaged in the business of pressing and cleani~ and soliciting such work in the City of Hoanoke shall pay a license tax as follows: 1. All persons, fir:~ and corporations engaged in the business of clewing an( ~pressing clothes or o~her articles in the City of Roanoke, or pressi~ clothes and other articles and having cleaning done elsewhere ~han at the place of business, shall pay a license tax during the year preceeding the 1st, day of January 19~, as follo~Js: Where thc ~uoun~ of business done does not exceed $&,O00.O0, $&O.O0, where ~the a~oun~ of s~id business exceeds ~&,O00.O0, the tax shall be E2~ on ~he ~lO0.O0 in addition thereto, said license tax here imposed shall not be prorated. Where a business for ~hich a license tax is imposed by this section commenced after January l, 19ZS, the license tax shall be at the sane rate as above set forth uoon~ the probs- ble ~ount of business done from the date of co~m~encenent of said business to Decem-~ bet 31 193b ~ of ~oanoke cle~i~ or ~ressi~ work 2. Eve~'~_~ person soliciting in the Git.. _ ~ty of .~40 O0 not ~rorated 5. Any person ~,~=~ in the ousiness of cleaning only hats s~ll pay a licens Jta:: of ~15.00 for each such >lace o~' business. 4. Every lcerson, fi~ or cor?orazion liable for a license tax ~der this ordi- nance ~Jhich is based on Zhe actual or probable amomut of work or business done shall kee~c a record of all work done and for whom done, and a record of a~ gross receipts of the business ~d conzraczs or orders accepted, from ~'~hon received and ~Jith whom made. [~!! such records and genez'al books of accomut shall be open to inspection and ex~.~ination by the Commissioner of the i~evenue or m~y other o~'ficer df the City of .,o~,o,~ char~ed in any m~ner of assessi~ or collecti~ license taxes. ~y person ~'~ho shall fail ~o keep such records as above provided s~ll be assessed with a penal. ty of ~25.00 in addition to the license tax ~posed. 5. ~-ery person liable ~o a license tax under Zhis ordin~ce based upon the a;~unt of his actual or probable business or work done on the receipts fr~ the business, shall before he shall be granted a certificate for obtaining such license be required to make oath before Zhe Co~issioner of the Revenue stating the actual or probable amounz of his b~iness or v~ork done, or any other matter that may be ~rZin~nt to Zhe assessmenZ of the taxes on such license. If any person subject to the=.=y~.~.~=n~' of Z~n~ license required under this ordinance shall fail or recluse to ~ke the statements and oath required by this ordi~nce, or ~'~ho shall ~ke any false szatement in re,tufa thereto shmll upon conviction thereof be fined not more than $100.00 and confined in jail not more than thirty days or both in the discretion of the '~ - :, 6. License '~der this ordinance s~ll be transferrable e~:cevt where otherwise provided; buy in no case shall~ ~ ~ transferrable license be made unless and until notice in ~Jriting of such transfer s~ll have been given to the Commissioner of the ~.evenue and he shall have approved said tr~sfer in mu'iting on ~he said license; ~he notiee shall state the time of the transfer and the place or business and the name of person to whom transI'erred and the Co~m,~issioner of tt~e Revenue shall keep a re- cord of such transfers. No license shall be issued under this ordinance until the provisions of Sec- tion 181 of the Buildinc Ordinance applieable, has been complied with. Any person, firm or corporation violating any provision of this ordinance for which penalty is not specifically provided by the ordinances shall be fined not less than $5.00 nor more than $100.00 for each offense. All ordinances or parts of ordinances in c~nflict witi~ this ordinance are here- by repealed. After th~ ,proposed ordinance had been read before Council as also beinc; 'the re.-. 'port of the Cor,m.',ittee, it was moved and seconded t!mt the report be accepted by Council, i..:r. L. ~=. Zuse, Attorney, appeared ~n ~ne interest of a group of local cleaners and pressers, as did other representatives of the industry, and again dis- cussed ~-~' ~- . ~-e question a~ length The t~resident, [.lr. SI:roll, stated to the delegation that the Ordinance had been accepted by Council for its first reading and ';;ould be laid over the required ~eek bei'ore the second reading and adoption. Mayor Sum'...l offered the foil '' .... __owln~ or dil~ap, c ~ (F4420),=,': ....... 02hVT;:raE,._ .... imposing a penalty u!:on ovners o_ ;personal prol, erty fail- in;2 to file a return thereof for purposes of taxation as pr3v~ded by laY;. BE iT ORDAi,.,~D by tl~e Council af ~ne City of ,,oanoke that u'pon all persons in said City who fail to make a return of all personal property o~zned by them, not ex- erupt from taxation, for i~urpose of taxation as ~3rovided by law, there shall be ira- '~3osed a z. enalty oi' ten percent, or a ':~inimu~ of ~2.00 upon ~,~ amount of taxes assess- ed and asse~:,o!ea u2on vne value of such personal property when ascertained mud it shall become a part thereof and be collected as other taxes are collected; and the Co~.m~.issioner of the :Revenue is hereby directed to assess the penalty aforesaid upon ~ ~' ~ ,,eir personal property as aforesaid all ~.)ersons ~,$.o fail to ~.~_c,., a return of all ~ in addition to the taxes assessed upon the value of such property against the o~;ner in default as aforesaid. The ordinance is laid over. The President, :..r. ~ma!l, ~ounc~l a report with reference to valuation of the Roanoke ,ater ',iorks Company, the Clerk would read: "i ~ish to bring to Cotuacil's a~n~ion for consideration and initial action stated that at this juncture he wished to present to wh ich report of appraisal and valuation of the Roanoke Wate~ Works Company as sub.m2tted ~: by the firm of Allen J. Saville & Co., transmitted to Council by Chain.nan Hooker and~, ..lr. Ozlin of the State Co~,'poration Co~.~ssion on Tuesday. It is my recommendation that the Council first direct a thorough study and analysis by competent expert on valuation of the report as sub,mitred, and it is recommended tlumt ~,~. S. H. Barn~hart, a valuation engineer of broad experiemce in this field, be retained for the purpose. Until his findings are coml01eted, further orocedual steps on part of Council may best be held in abeyance. A casual review of the Seville report discloses certain elements and factors muployed in reaching the tentative value which should not be included, and there are )ther deductions which should be made in arriving at the net value, which I will ~omment upon briefly, as follows: (1) Going concern value of $150,000. There is no supporting fact for its in- lusion as this is a monopolistic service, end being a municipal necessity, the 'alue of good will or going concern should not be capitalized for purpose of pyramiding the rate structure. (2) Deductio.~ of depreciation upon the pipe lines and distributin~ system on ~ud~nent theory" instead of stright line method should be exm.~ined into carefully deductable depreciation appears inadequate from a practical vievJpoint. 141. 42 (3) The Seville report makes no allowance for obsolescence, should be given proper consideration. and this omission (4) Land appraisals, which are carried at something over $400,000, reflect ex- cessive value when compared with existi~ assesm:lents, and it also appears that at least a portion of this real estate is not a proper credit to value for the reason that it is not used by the Water Company in the transportation or distribution of ~he City,s water supply. (O) The Seville report in arriving at reproduction cost new less depreciation applies current rear,Let prices ~or all materials, pipe line and equipment provided by various residential sub-di~_ sions and contributed to the Uater Company without ~cost. In addition, labor rate of 40~ is used in this report which covers installa- ~tion cost over a period of years at a much lesser rate than allowed in this valua- t ion. (6) The valuation as now submitted is founded upon a 19~4 base valuation, and ~the report does not go back of this 19~4 base to determine whether the capital ~.structure at that time can be proven, and i reco~nend that a very exlmustive study ibe :r,~de at ~he direction oi' Council to develop accuracy of the capital structure ~ul:.on ~:,hich the 19~4 value was arrived at. ~ (7) Interlocking and subsidiary relations of the Roanoke Water Co., Virginia .Water Co., and Richmond Development Co., should be carefully studied to determine ~o what extent, if any, the Roanoke Water Co., .}~as made advances to or otherwise financed either of the two nentioned oompanies out of earnings or otherwise which was not disclosed in t,~s report but represents any diversion of earnings of the .Water Co. (8) Con?arative statistics shoul~ be assembled sho~Jing relative cost of v,'ater I ~ ~ ' ~n such other cities in Virginia as Richmond, to consumers in Roanoke co:mated w~~ :~lorfolk, Yortsmouth, Lynchburg and Danville. For protection to constumer, the City should o?i~ose any rate structure or tariff on water ~.~sured on any other trait basis than in "thousands of gallons". ',,-b~!e i,z is re .... ~ .__ ~_.e,ted in vie~? of the City's present financial condition the exqeuse attendant upon exhaustive investigation of the Later Compmuy's valuation ~ppe~rs necessary, it see'~_s clearly in the public interest to meet this question ~.~ ...... =~-~, and t~'~:~ initial step is necessary to fortify Cotuucil with proper data to Govern its future policy." Bear sta~ed ~ - ~.=~ he u'as heartily in accord ¥;ith the general provisions as outlined in the re-port, and that he moved the adoption of the report, and that ~Zr. S. '~' oarn:~.art be retained to ~_ke a thorough study and analysis o~ the report. The motion '~:as seconded by 1.qr. Yovzell aud unania.uously adopted. Small offered the fol!owi~ resolution, seconded by 1qr. Po¥~ell: (,y442ii ~SOL~gD,that the ?urchasing ~gent of the City be, and he is hereby dj- rected to review Land Books embracing all assessments of real property located ~'~ithi~ the City, as prepared a~ud submitted by the Board of Assessment covering the last quadrennial assessment of real estate in the City,. and furnish Council with tabulate, statement sho~';'ing, by individual items, every property ¥,~here the 1934 re-assess.~nt is le~s by 25~ or .... ~v~ than assess~:en~ for the same property fixed in 1930 The ~urpose of this data is to provide i.:m~ormation for subsequent appearance on behalf of the City before the Equalization Board for adjustment of inequities grow- lng out o~ the 1934 re-assessment ~r. or,_~l! moved to adoat the resolution The motion ~','as duly seconded and the resolution adopted by the follow~r~S vote: AYES: !,lessrs, Bear, Comer, Po~ell and the President, iht. S~.~all --4, ~u'-.~.JJ~ ~o_~'20R: The President, :.,~.r. S',.uall, brought to the attention of Counci: it had come to his attention that from t_~_me to time permits granted by the Building inspector for Vhe razing o~' structures where delinquent taxes were due, and he was of the opinion thot it might be D~x)per for Council, or L2. Hunter, to ins'~uct the Building inspector that ~here request for razing~ structures is made, that unless it ~as a necessity as a safety measu_re, that the Buildin.g Inspector be requested to ascertain ~hether or not all taxes have been paid. ;.,hr. Hunter advised Cotuucil that he could so instruct the Building I~spector, and he ~.~as advised to do so, furnishing the G~ty Clerk copy of his letter to the Building Inspector for record. CITY TREASURER: The President, [.M. Small, stated that he would like to have, if it meets with the approval of Council, a report from the City Treasurer to the City Council, separated as between Personal t-roperty and Real Eatate taxes, the aggregate amount in those two classifications of uncollected 1934 taxes, as of December 6th, and a comparison for the same period of 1933. ~..[r. Bear moved that this request be made by the Clerk, the same being seconded by ':r. Comer and unanimously adopted. ,~C~.-,'~,~Tloh BOARD: The .~-res~aeat, Small, stated that ~.[r. Winn v;ho was previously appointed as a member of the Committee to appear before the Compensation Board in .~lichmond at the heari~ on salary ant e~penses of the Co.:~_onw"~ ealth ~'~torney ~'~ould be unable to attend, and [.~. ~ar ~;as appointed to appear before the Board together ~'~ith '-he ~-resident and the City Attorney. d~o: The .~ty ,~!er~ read before Council a proz~osed letter drafted .... Jr Judge of the ~_u~tings Go~'t, as directed at for dis~atch to Judge j L ~l~on~, ., the opecial L[eeti~Z oe Council on December ~th. Co~cll directed the c ~ ' - ~!~r~-: to make a change in vhe second para~aph and then for~'~ard the letter. . ~. 102 Winan~ .'~venue ap~ea~ed b:s~'.~ -.: -_ ~ud ~sked that ~ ' "~ - ~o~u~u.1 ~utho~ze the refunding of taxes on building r~zad. The Oity Clerh is diractad to investigate ~nd if found Drozsar, pray, ara ~he 'rDro~,er resolution for refunding oe ~--~ oTR~T~,~r::~:o.-,~;~-"':,',~m~,~ .~.~, ~: ~,k.- s. ::~. L. Key, 8GO ]~o~ell _~venue S. ~., appeared before ~ouna~l, and ~skad that so~e relief be given p~'operty o~;ners in she way of openinE street between 8th and 9th Streets S. w )ei~k~ given consideration in the 19~S budget, She ~zas told that ti~_is project was but it vzas very doubtful if the City's ?unds would be sufficient to undertake this work any time in the near future. DRAINAGE' PRO ~'~ ~ ~ ~o~o: The City ilanage~, p~esented to Council for approval ni~ ~roposed drainage projects, labor ~.~or same to be furnished by the V~tA, and the ~eceszary materials and supervisory labor to be furnished by the City out of an n~e~-pended balance in the sea?er constructiol~ fund. ~.~,r. Comer moved that t~ City _ :- ~,e ~,.:anager be ~n~;truc~ed az~d authorized to start on ;he projects in euestion, using the funds he now has available, but not underz' a~.e'- any ~ork a~'ter exhausting said funds without an additional appropriation from Cotmcil. ~he motion was seconded by [,.ir. Bear and tmanLmous!y adolt, te,A. There being no further business, Comucil adjourned to meet at 7:30 o'clock · m., Thursday, December lS, 19~, for further consideration o~= the budget. APPROVED aT~ES~ Clerk Presi dent 143 144 COUNCIL, SPECIAL NEETING, Thursday, December 13, 1934. The Council of the City of Roanoke ;net in Special Meeting ~in ti~e i..[unicipal Buildi~g Thursday, December lb, in the Council Room 19a4, at 7:30 o,clock p. m. Messrs. Bear, rowell, ,~nn and the President, lit. S.~mll --4. The President, L.h'. ~mll, presidinF. ~no ..... HunteI', ~ . Cocm~'. Cf ~;~ ~,.~.,,.:~,~: The i?resident stated tlzat the object of the meet'lng fas for consideration of the bud~et for the first six months of 1955, and such ethel .matters as :..ay come before Council. CI'-'~_~ '~n~.;~:"~-~ ~.~,~,. i[.anne**t.o, C'zt~" Tre, asurer, a.~?ear ed_~ and _~resented to Co 1 I. apers to be executed by tLe banks where City funds are kept for the guaranteeing of de:fosits and asi:ed ~' ' .~ounci!'s consideration and rec~.,~ua~?ndation as to method of · handling. He is directed to have the papers ~,ro~erly executed, same to be in %uadru':p!icate and ce~,'tified co,my to be filed ~';ith the .~_ty Clerk. ~=o~. The C~ty Ureasurer brought berore Council the q~estion of ,-._a Vo~.z:~.:g_ Lzst, heretofore "-tinted, but consider, ed ;.'_ore or less valueless so far usaa in co,me ~' ~ · c~on with elects, ohs when no elections are to be held. The City ...... ~-~- z ,z=ecteu to dispense v;~th the ~re!~aration of this list 'and the s~e :.'ill '.'~o~ be ~rinted for Zhe first six months of 1955. ~F~RiG~TiOE FOR '~_~ Ty ~.h~-~~- ~_ _~. The City l..[~ager is d~ected to confer ~':ith the Clerk of the l.'arket and negotiate ~;ith o?erators of :uarkez stalls m~d ascertain ii' are wi!!~.~--_..~ to a ccei~t at least qo~'~.O0 per month increase on rent of stalls ~f _'¢er refrigerating equipment is installed. R. Yates, City Auditor, appeared before Council and asked ='~na-~ ~.~--;~-~._.,_~_ ~,= .... ~ ==~ion~ ._ sufficie',~t to purchase a i[o,.~roe. Calculating i,[achine be znc-,uaed' ~ ' the budget for the first six months of 1935. The_ i;resident, i'_r. Smmll, st=ted that the ~.est~on_ _ ~','ou!d be given consideration _ ~z_~l preoaration of the ouaget COi-'.~i3~iOiU£R Off P~EV~'~E: The Clerk is directed to ~rite the Co~m~_issioner of ascertain ii' an/ assess:~ent has been maae on that ?ortion oz property on Corner or Grand~ Road and Virg~_nia ~venue, o~';ned by the Virginia ne~h~s Baptist Church, uhich is now oi:erated for conm~ercial purposes by The Purol Compa~~, and, if so, advise amount of assessment seL:arated as bet~,een land and buildings. There bein:g no further business, Council adjour:.~ed at 11:00 o'clock p. m., after a detailed study of the budget. ~PPROVED Cle rk President 145 COUHCIL, REGULAR ,,,~,..~IN~, Friday, December 14, 1904. The Council of the City of Roanoke raet in regular meeting in the Council Room , in the Municipal Building Friday, December lQ, 19~, at ~:00 o'clock p. m., instead of the regular ~:00 o'clock meeting hour, in order to hold public hearln~ on the ' %uestion of ~"~ ~,~,.ending the ~.oning Ordinance. .;~.~.~ .... srs. ~ear, Comer, Yo;'iell, k'2i~, and the President, i.:r. S~;~l! .... 5 The Pre '' szaeno, L.r. ~'" ll presiding. -,,~,~,~. .. ~. City .... ~.~ ~.,DI..~.~. ~yhe__. i es~aen; stated ~imt tl~is is a s'pec~al_ meetin,~:~ oF .~ouncll set for °-00 o' ' ' ~ cioci~ this arterno5n rot nearing, 'iu accurdance :zith ...._al_ar advertiseuent · -- re a~),)eurinG__ in the local paper, the %u~stion o~ .... a.,.e,a~ ~ -nu'" the Zoning ~"~.~ ,~,.ce~ for 'ots 1, ~, 5, ,_, and ~. Bloc" 6, .._ , , ~, ,. elrose _.venue ~.. ,,. hew'teen l!vh and i~,h°+ ouree~s,'~- - ' ~="~ Ct ~ cnan,~:~ng same from ~.'oec~a! Residence to Business Dzs~ ~ and that ~ounc ~';ould at this time be var" '~' ' g~a to ~'.ear any exl:ressLon 0r stat ...... ~ ' ~ =r~ Of those interested. ' ' ' 3il e s La rno v v o,~ skins out . rustee of ~ae ;..elrose ~.~:~-~ist~ Ch~ch, all spoke before ~ounc]i, re;ti_ sterin~ c~m~!a~nt_ 'or the chanse ~n ~he designation or v~ block rroN ;>,es dance to Business !rol,e ~ao,~ sta~n::_ ~ they ~:ere o~':ners, or mnverested ~n _'nroper~s" within the bloc,,' ...... ~a to ?ke the cl,an~ze would decrease the 3resent value of their propertN. " e--i'tioner, ;';ho ~ "-'il~''' =hat "' ' .... ~ ~ =s ~=.t~ ~ ~e ~ _~,'er .... ~te~ ~o construct a store ~ui!dinc on his -'~' ..iese~ =~blisked set-bac" line. ka'o!:erty closer ~o ~he ~,~_eet Shah the i'" ......... · ;'w Sherert=. insiszed t,=t re~ ~.~-- ~ ..~s uest fas not to. c.~:,.e the sect' ~ ..... ~ - !0~ ~' 8 ils+''~.cz' , but rather to amend ~'-~i~e donin~ ~=~,~. ~ ~ to "~"~t ~'~s cli~ ..... to ~"~id closer to h, e ssPee~. The Board of~oni'; ' ns- .,',.!)ea!s, _~ n_ a letter rs'om izs Secretary. to the ~.. o_?'- anra e~oers or ,~zus Co'mnci!, tocet ..... _ ' ~,er ',,it:~ other papers ~n connectzon ~ith ~ne i'ubiic earjn~ on ~ ovember _~a,_ 1954, states ~n~ a Public Hea~-:=,~s .... ir~ ~onnec~i~_o~,- ~-zith__ She ~'~f '' ~ un~ decision o~ She .... ~' ""' :,~s be,~n held, ~m~ed the . tters ~uvo!ved in thi~ -iroceedzn~, ~_e Board was of the opinion ='~"" ' ~,.~t there were no ':.~ractical di~ _ _ ~cuities or u~lecessarF.~i;"- '.~sU~-.:s~, ._~ in the !-[a~.roi'c~rrvin~:o , ~ out the strict ietZer of tke ?'-:'ovis.=~,~ ',',~ o~ ..... she sorting ur~_,.~...ce,~ ~'- ~ ~,~a denied she a'ceal" nor did slte Board believe it necesoarv to hold a /u'blie ~ ' ~' " ~'~ o ...... naa' ~a~ no !ub]ic Hea n~' h~ held in ~:i=~c~ o~ i:iZh ~edPlil~ bN .~o~qoii, ~il~ rec ?-,,~ ~ =' ~ ni - -~ ~' this :uatt er. .~fSer an ho~r's discussion of the ouesvion_ involved, l.lr. Comer moved ~.~,~t ~ounc conaur in the recou~ .... ~d~~'' I .... ~ "~a!s that the sautk side of ..... v~,.~=, ...... , u~ti?een_]!th and _]~th_ Streets be ~J~. chan?ed~ f~,-.,-i ' ~ec' '~' " 3~zdence to a Busines~ ~strict. The motion was seconded by -='-". Poweil, and ,adopted by the follo;.~nG vote: · Poi:ell lfi~ mid the President, "~ Small .... "146 .~z~: ,.,I Bear "not votins" ® · . Jon,~ ~. Lucas, dated :.~ovember loth, 1'934, 2revioasly befor~ A !~tter fr~:. L:r '' ~OU]tCll,_ l!aS -t:ain read, the saL;e r~questin~_ that Cou:~ci! ta~:e ~' the necessary steps fix th~ set-back line for his property on '.elrose ~v~nue, vhich ¥:ould permit him to c,~nstruct a buiidir,.S th~'~,:eo~ '~'~, zo '-~'~,~-, front linJ~ of !,.is property. ':r. Winn, moved t!~at hr. Lucas' r6q'~est for change in the set-bac'-,, line_ be :ie:;-;ed_ b~-.~. .~'ou'aci!. fhe.'e belch:, no second to 'h'. 'Jln:~'s motion, the Prosldent stat,-~d t!;''~ . ~'-" un~it such ti:..e as Council can reach an ..:~ the ::~.~er ~','1!1. be carried over '' ~ _ ~ . -~_ ~.,- :k. ::ii!!'.ites of tile srev;-ous ~.,eoti.l~ ]las .... duly seco...dc~ the cad '~ is · ' ...... .:oanoiie ::_ii tile \.u,' f '.: ~:- :' u"_ ._i.. nj, ~ - - ,Si ~._~..,. .~.~ ~. .~ !:e~.. ~ ~": and usked that 'oui~ci~ ye '-~," _ ''.}:: __ ~.~e st s-~x :uonths of the -'"-ich is u: ro2 "-:- ---'- --- ,-::,~ iz~ter =il the ::cc~: --- ' _ -'- ~S SeCo - ~"-~'a, · -..otll~I Oi'{~eP of -~-, L.~, ..,,~%ep u.L~_~.L,, beiore Council he irl~,~.i pr:slarea tile pro'i-.osed · _ _~e_, ~:i ~:~" roil. ow-'- _~.~_.,~.:~ ..... ~s ~ :-~ o': os=~'+tun~ of this umend'.'~ent ~'Jere presented ~"~-.~, representatives ol ~o.~/3_'.-' es%a~:,~ ' =~::.~e~,~s, .... ai'.~er '~._. Bear moved ~!~ adoption of tile _~'_~e:,=,':,enu, ,~ud the · "=ss:sCu:..e,, !ot;e!i, ...... ~,, . '-~ 5=*',' ,~,--~,-, ~ n,i~,~n~ otrike out all of Section :'- .... ~ ...... We, insert as new Section -':' ~3, the following: "Any~'"'erson, ...... '~'-;~'~ or ccr:}oration_ not licensed so conduct a cleaning o_.~ssin.c ousiness by the _ _ , _ ~,~a eng~,~aed in the ousiness or c]~=· ,~ 5~d _~_ni~~_., b!ockinc~, hats shall _-aa-;, a license ta~ of C15.00.. per year i'0~ =~- ~ '- " ~ .... ' ~=uh s~ch ,,.lace ol u=oi2ess." :'-,' Bea~- move to adojt -';lie amendment ~'~'~ notion ,,-:as duly seconded by l.lr. mhd the ~'-en6~.~ent ..... adopted by "-~-~u.~ following vote: 147 AYES: ::essrs. Bear, ack. er, Powell, ;,'inn and tile ,--resident, !.ir. Small--5. ~-,~.~,~: None ........ O. L;r. Bear offered the followims muend~:,ent: Strike out all of Section /~6, and insert in lieu thereof new section i~6, paragraph (a) as follmvs: "Every ~erson, firm or corporation engaged in t'.,~e business of clashing and pressing shall pay a license tax of ~25.00 per year not pro-rated, on each branch office, :agency, store or station, in excess of on,.-, for receiving and/or de- livering, cleaning ~nd ~ressin~.S other than their principal place of business." ~.~. ~ca~. I,~v~d to adopt the ax~ndment. '::he ~:~otion was du].y seconded by Powell, and the a:.~ndntent ado0ted by the follor;in;' vote: ' ~'"' '.,,ir. Snmll--5 a,~:~o: ::essrs. Bear, Comer, Powell, Uinn and the Yresldent, . -:..Y5: i~one O. ..._'~-". Bear offered the !'ollox','inc as paragraph (b) of Section "A~y individual soliciting, collecbinj or de!iveriu:z cleaning and i>ressing not in the regular em~3loy ol'a_'r;e~'son, finn or cor'co,=vion_ -'~' !icensed to conduct such ousiness and/or using a vehicle ~hich is not the property of, c ~'~ ?erson, fi~ or core, oration shall be Seemed and li ensed in the nax~e of, ~,~, to bo an ngent ['or the sale of clemuing ~d_vressins, mud s~]]__ =.'nay a l~_cense tax of' ~5.00 ~:,e'~_ ~vear, not Dfc-rated." ',,' inn, i,h' Bear · . zoa ~';as duly secon~,.d by i.[r. the amen~':,ent ~--~ aaopoed b the roi!crying vote: l.lessrs Bear, Comer, ?o':;e!l, ,'im~, and the Pres_, dent , . · -- ' !..h' Small ~',0~ ~ 0 -5 · ~ar offered the lollo,,;zng as '..taragra~'>a /7, w.'ich a~_ ears as 'z. ara:gra:ph ,.f6 in the Ord'~.-' - o~'i:,~n~, l,.~,lce as _ ~___!!y ~.resel~ted: 7 Licar_ses ,under 'this ordinance sha]l be Zra~ns-erruo,_e exce-~t %'there %~-~se -2rovi~ed, but in no case snal! any zransz'errable i~ce.:se be made unless and" ~ ~no~q notice in x;rkt~ ~-. -- ~no o~ such transfer~..~h~.ll ~,~,-~._~.~ been ~iven to the "' or, r'5i ' ~ ,. ~ sszoner o2 .~,a 3eve;me unA he shall have a~-crovcd s"i5 t_=.:s-'=~ in wrzVing on ~he sa~d license; vne novice o.~ s~a~e ..~e me of the transfer and the :~iace of business and the name or ~erson to ~Thom ~ .... .. - - ,r=,sferred and the C ....... .n~ iQevenue '~ ' :.ir Bear moved to · muo,.,~, the amendment The ~ --" ~ . .~u,_On was seco~lded b,, :..r. t:'o;:e!i, and the amend~ent .--:.- ~,o~,te~ b:' the f'o!lo~';imj vote: L[essrs. Bear, Comer, 2:'ot';ell, :,'inn, ~,.~ ~t,.~ President, l.:r. Small fLYfS: l[one 0 It was move4 and seconded, and unt:nimous!y agreed that the second reading: of the Crdi:'~ance, i:r~.o;.,':'., as ifc. 4419, be dispense4 w~th ' - :=-, _ _ , _._z. ~=r off crime same to .... en~.~.~s as x, reviouslv adovted, for ~oassace and ado-~.tion o3- ~ounci] .-- .'~-.~w-,'-':r":,r-~ i::~osiilr_' license tat~es to be mud rei:,airlnc clothes,_ and other arZicles, for solici=~... · .... . f ,,t,g_'0ressz~,~ and cqeaning_ wot}: to be do~:e outside of the~zzy"~ o _,oano~.e~ .... and -prescribing penalty for violation. BE ITO,,D~-~,,..DO' .'..~-.rw; by the Council .of zhe City of~Ro=no:..e~ '-- that every person, firm or corporation engaged in the business of 2oressinc and cleaning and solicl~-~ng such uoz.. in the City of Roanoke shaSl pay a licen, e ,a.~ as follows. .. clo~:~s or other articles in the City of Roanoke, pressing, dyein.~ ~nd repairin~$ pressi~g clo,heo a~nd ~'~ · ~es and havin~ c!ean~ng done elsewhere ~' .... - - oh.~. amo-~t of business aone does not exceed ? ,0oo 00, :p4o 0o; ; ne_e the amount o2 said · ~s=nes= exceeds .;¢~,000.00 ;ne tax ~:.a~"'!l be 22/ on the .dlGO.O0 in ad.~ition thereto, said l~cense tax here imposed shall not ~ozao~d l,'here a business for -'-'*~ · · · ,._~ch a license vax is ~:ycpose.a by Zhis section 148 co:,mlenced after january 1, 1935, the license tax shall be aZ the saute rate as above set forth upon the i~robable amount of business doue from the date of co~:.~enceme'at !of said bust:less to Dece~ib~r ~1, 19Ob. o Every 2erson soliciting in the City of Roanoke cleaning or pressing work be done outside the .~t,,' of :~,oanoKe, .~40.00 not pro-rated. ~ar/ ?erso., fir'2 or cert.,oration not licensed to c nduct °~ cle:' .... "' ~ '~.,,-,~,.xess by +~-': ~ity of -(oanoke and en.:c 'ed ~n the busi'~es~, of cleon:n:': und pay a license tax of W15.O0 _~)er year for each such _':"lace of ' ~r¢+.'o:i liable ror a 1~ ~'~ ~ ~' _,c~,~c ~a... under this actual or ~robabqo amount or work or busi}:oss done ',-res. ins loc-ina bus iiiesr. "'.~.c-'..- ~: of tide ,.~-".'-',~. ile~s and con'~rac~-.', or ordels acce;:ted, ir ' whom ree~_~u -- ....... " .-feral bo.),.::'.,' or acJJunt s!i::. ] 1 be ~'~,~,:,,-':~ to · -.,, _: ......~_~ the 3.eve.,'~uo or .. ~ asseo~e~-' ~ t:ith =~_- .... ~ ..... '~---~. of' .~':'~_u.O0 iii ad~zvzo:'_ to z:l~ ,_c~.; .. _ L. _2zery i erscil iac!e Zoa license ta:.: ~i~ae~ ~i;_s o~l_,,~,.,ce based upon the ................... 0'2 l'doao!e '0 '" = ' ' ..... usi,~ss or ¥;or'- done or -~i-:o roce?:-~s fro'..2 the lie skal~ be ::r'~ rt/f '" ~ _ ~ u,l~ed _-~ ce ~ !cate for obtainin;:~ sac.:, _1 cense - - .... ~ .~ , ' --' ' " - ' ~_,n.-. the aczua! -:,e:.%~ .... ~ ' .--- tense =n~ r. ers sub.3ec% to under z,:-'.- oPdLuance sr:c'~, fail or refuse to - - ' - ~ ' · ':: '- or -'"-' hall .,=~,="= the st.z ~ei'::s'..r6s aAu oa,h recluirea by ~'~:-.._~ s: cz e._.l~nce, ,..::o s ~'-= .... ~+ ~ "ecard vnereto snail ui~,on co:,,.ictzon thereof be :.~',ed not riore than · .:~.~;_ ,,~ .... ~nai; ~.;~._. ~ cta~.s or bock in the azscretiOli -.., ,.+. ~. ,.s/,.~ del~verinS ::o~ ~-, ce, a."c..;c"~ ~ , StOl'e o2 o~:..~ on in exr. ess of one fei' receivin.:-:~ ffi .... ~ .... ' ' 'I0 ' '- 0 cOilluC~ cica cusii:ess ".'~a,'o"' us,-~,., u ~l.ic,e wkick is z Site '-- ~ ,' _ · - --~ ' .... ,-*'-" ' -'..':.? '-',-' '-a,~ pal.: a license ta:,: of .,p25 -' a,:'e:'i~ fop tile "e':-' no% --- * :-¢ s ' . .... .~:'-.~ ~-,',s where other-wis 7. lic~:ses ur.,aer Chis or,ainance s~c_i o~ zra:~sferr~_e eno._.:. :,,~.~ c= i';r_,in,':: c.,z ~-UC;i ~ixsfer snu!i kave been ;:iveil to vile Commiss'oner o¢" on one said iice'''=*' -' ~.o~; 'th o .... el.son %0 ',:hoLd truiisf'erred and the Co~.lissloiler h P e of business and 2ever. ue si'ml! ]:ee~ a reco~d o::.' suck t-~'a:'s~e~. l:o liceuse s'~,a!i be issued under .. :-.~.~c~ ,'"~1 the provisions of Sectio~ 181 of the 3uil,linj Ordinance api,~icable, have been complied ~;ith. person, fir] or corporation violating any 'f-'ovision~ of this ordinance for whic~ pena!~y is now specifically provided by the ordinance shall bo fined not less than ~5.00 nor more than .~100.00 for each offense. If any section or clause or ...rovision ol~ this Ordinance shall be declared invalid or unconsti~''~ ~ha!z not 'ce ~ ~oaal for any reason, the remainder of the ~ ' '~ ~' "" =.on oas ~].~, seconded b:j :.:r. affected thereby. .,1! ordinances or :~arts of ordim~nces in c,~nfllct ~,'ith this ordinance ar~ hereby repealed. :.ir..bear :~oved to ado:.~t the ~rdinunce. hin;~, and the ordinance adopted b7 the following vote: M.fi~: 7.[esars. Lear, Co:.uer, lowell, ,inn, and the Fresident, :~ co:.~:~un!cation fro,.; j. ~. Druha~:er, for the Citizens of the 0ommuntty, was Lei'ore Count;!. -' " ~n, ' '- :~. is referred zo the ~it,r "~.,- .-. · z'ne;e, b..~ ~ no ub~-~ectio~: z!'te co:.::unicat2o ..... ~. ..... ~e:~.er for fol' COSt Oi~ ma~er=a! and su-:~:ervisorv rorces 12 the use or '~ u~.acessar-., So coPrec'J the. ex.~st: n,'S co~.dlViou, and re. opt ' ,-a--o~... so' Courlci]_ --:Zh:..- re c or~£~en d a t i on. '" = .... ~ - In Pe-rj~..r to a letter the :.,e~a~l Coal :.~ero~ian~s _.ssocla ~O,~, _ . Co~_m'=ts.~.ioner o"' .;e,,.en~u :.=~_ rererexce to different c,:' =,"-" ...... -- - coal iu ~"~ ~'tv " ~:ou~..=.~o:,er licens- , :';as before .=ouncil. .... .~z . ot Roano~:e wit'- ............ co'.. m.!utlica'~'ulon .:~o"~'o been Feferred to the '~o.~:utissioner.~ of Reveilue, with reques~ =;'~' '-~::~t b Co~:~2issioner of !;.evenue :.'al:e an'; a'b'.:ro'.',z'iate r'~='~,]'' ' .. _ ~_~,. direct so the Retail Coal i.:erchant s .~s s o cia t i on. letter from T'. O, Rohrbau.gh, Relief Directo:', of the d. oci~i .Service Bure;'u,_ out:__,,-;"inc :~tethod conte;-~7~iazea. ,_:, _ r=a:,d!inc of ~,,,~ e::o. lo:,~ees in the ruture, ~-,.-a~ before ~uncz'._.l 2.he Cleric is direczed to ackno~::!edge receipt of ~,etver, ,::.,.k,. aevise .ir. :.onroau[:_ ~=erest is ooitceI':ied ~ ' ~': ...... ' ' : '6i'.at insofar as the City's ~_:~ ~ne l.i'oa_u.., as 3ttziilled is sa;is!'actory, ii .... '-h=Z he ~_~a the "'~'-'-_~,~n~er:"~- ~-- , . ~.n~ the City indigent ,~l~, ~ ~ad been advised b cases c,~rb:fn ed ~o him ere ::ub re-po~ ~=n~. There be_~"~,~.~ no objection, ~he City "~ ~ ~. ~ _~aa. ei' is directed to furnish :.ir. Thomas all names, and asi-: hot'; many re~.o.~ ~ for .,i,i,,~ ~;~:-:~ :.-~m=_o. .' letter from C R. Xenxett, Treasurer, in r~p~" to Council's re,luest that he fuP~ish a re3ort showing uncollected taxes as of Decer. ber se-oarated as to "',,.e.~'son~--, ~Io.,e- ~y" ~''- a.,e'~. ' rea/ estate, add also_ coi~-0al'azive rlc~Pes ~"~ tke same erlod of mu~ was before ~ou~ci!. '~he co~:mmnicat!on is filed. ~ _-.oanoke Contra~= Labor Union, conplaining of manual ~':or'_,ters bei._,g recuired_ to sir:n_ ,.,._.,~ Form 211 Rev., oefore bei,~ given any york or direct relief, 'ihe Clerk is directed to reply to the communication of the Roanoke Central o;,=t rules and ...... ] Labor Union, advising it ~'~ ~ ~ ~_ations coveri~k? =&mini~tra ~ion of Federal x ' ~' ~- .~can_zn._s~ratio~ Funds are not ~mdc by ceuncil, and the,~o~ncil ~ -- ' has no ~ovzer ~ 149 150 to alter, amend, or revise them; that the fund expended under supervision of the Social Service Dureau are ad,ministered in accordance ~ith the regulations of the Federal Government. L_,A.,]UE OY VI~{GI~I.. L~JHiCIiL, LI?IES: A co]~nun%~tion from ~ho League of Virgini~ ~J..unicipalities callinj attention to a Water Works School to be held in Salem on i January 9th, ~ed. The co~mnunTcution ~ refers-ed to the City i[anager for attengion and reply. and 10th, asking that arranjenents be mnde for Hoanoke to be represent- ....... ~ ?F CITY ..~-~-.,~-'.~,. _ :-,~'.: ~ .~ ~'~, .., he ,~ty :.:m~acer presented report of work accomp- llshed ai~d expenditures for ¥:eek endinC December 6, 1934. The same is filed. The $it~ :.:an,~,~er oresented reports o" City oatients treated at Roanoke iiospits o~ ~.~c,,.~.ths c.f ~'ctober and i[ovember, as submitted by t" .~ ;,e City i~hysician. The s~:!e ar f~led._ ~ ~..~nager mresented a conn::unicatio The C,tv ·',~ _ . from t'.'-~c United Stat,~s Cc. nference of i£ayors, together ¥:ith bill for ~75.00, coverin6 .service f~,~s ,~z l~. _!,e Clerk is directed to acknox:ledge receipt of the co.~uuni .. ~ _...,oanor. e ~ l>os~t',.on at thia: time to tion, and ~ ~--' '?--1~i~t ~,~e ~itv of ~ ~ is not zn ~, _ ~ o :=n"on =~o:..: the '~it-,: Z:ttoi'ney vith reference ...... * ii lns?ecto~ to be attached to the office of the before Counc~t,~ in ¥;hich oae ' ~ ~' s~aoer_ent is made that be a..~ attache o:~ ~' = '~ ' · - _ ~n~ .~o:m~,issione~"s Office" but , ~,~ s~',~ hould be apl:ointed by the Ci~''o~.. ,..~n~-a=~:'~ '~' ~'~ =,~,~*=" _~ro-:'~er_ !-lesolution authorizing the employment of same, and 'that t~ ' ~n~e _ n~.ec~or shall report to the C~tl; stated ~'-~ ' '- ~ ' ~.~a~ he had a tal.~.. -~';ith the ,"or, nalssioner of Revenue, and that has no ob, __ ~.uo ~':as of the o'-~:ill!on ~ection to ~ ,..=n~ the a i~tzle!!,~, _ ~ ~ _'~C that the Lice~_:s.~ ~.nsw tot should be ettached to some other office, ~:osszbly a ........ ~ ~.e ¥zould receive full co-operation fro, office, with the full as.-_...-.~:ce that '- the Commissioner of the Revenue's office, but did not ¥~ant to carry this exi. e:ise for '~-~is orn of~ce. There being no objection on the ?art of Council, the City Attorney :'to d~a~.: /~roDer _..-,es~l~.ion for consideration of Councin coveri~,.~ one a'rpjointment of a 7.~ ~'~: same to be ~ ~-~ ' ' c~,,~~ Illsi)ector ~o~-'-,v. .... ~' ,~'~-- 1-- uch .~ _ =_.u_~oses ~s orz~=,~=l_,~ set forth, ~r~.,=rea i~ s ~:u:.o_,n~._;_=nv i:'.~cht be :~ade in the '-= · -~ _ - ' .......... t~,_e a_,,_ecti ~ ic 5al.: .,.~ , : nu~s ~ ~ven~es of city nc - ense y:uents uhe City Attorney to ~.~e ~=~.m th~,s Resoiuzion to se z;,re~.~area in sucl! £orm it can be rescinded, aha tke ~av'~o~ntr_eno abc~,~;shed av t}~e ~i^~ ...... ~=sure of ....... th, .:: ~._.~,,,~'~:"'"=~-~ ~.:. ~-~,~._,. _-~; opinion from the City Attorney' as to v:.rou~er l, roceu.~e in [closing of alley __ . ,,or~.~ side _azden L~e, the same to be done by Co~ucil _._'~. ~o:~er offered the I01101';!!~C Ordinance for its fir~.: u zeadin~:"- (F4422) ~-: SRDZiL~CL vacating and closing an alley on the no~.-oi! side of -.iai den Lane in ='~" t 250 ~" ~ ~,, ~_e~t ~':est of Crandin ..o=d ~,td e::zending bet¥;een _~arallei lines Zoa ~o ,oct !ey north of .u~den'~ _=ne7". Brooks Trent and J. B. Trent and Della ~.~ Yect:har_~ heretofor~ filed -~;-'.e-,r_'~:etition before Council in accora=nce ¥:ion s~,o~ la~'; of ',.~mrginia, in which said petition they requested Council to discontinue, vacate and close a strip of land lg feet ~';ide, formerly used as an alley lying on tile north side of iiaiden Lane in the i~aleigh Court section of the City of Roanoke 250 feet ~','est of Orandin Eoad and extendin:; bac,'- bet:';een l>arallel lines to ,a NO _root alley north of "~,..~iden ~ puolic as :,nich said petition due notic~ ~;~s ~iven to the '' Lane, of the filing of " - . re,uired by law: Yd~D, ,,:;.-.:.,,,.~,~, $n accord~.nce_ ','..'iti: the =~.,~ ..... ~_T, of said L. etitiun v~e~.ers v:ere ar:,. ointed b,? .~ou,~cil to vie:; the ~.rc::ises ~.nd re:.ort~,:,ecner"' " an'.r ~ nco,,' .... ze,,~,' "-~-e,, ;= or ~ in jut./ would result to anv.~ _uerson from dzscontinuin:--.~ and ~osin~ said ~o ft. str]i: , or land as an alley; ~ ~,~ r.._ort al' saza viewers flied-in saiu.-f:roceed[:~C t..~t sazd 18 ft str~,, of land : :~o _ ]ie-:~ rot mcr . _ .~as t been used as a -:-.ublic ~, ~ f lan,z t~ ;lot neoessm,.., said sir_,;" ~ ~ ........ o, r.~eded for" _u';:!zc- ' street or alley, to ~'a:ieh said re-oort of ~'ald vie;:er~ ~;- ~ _~nd i~~' furtlter a!:pear-:ng to Co,unc,_z,:~ ti~at ....... ~r~:,, s:'-~'d re:o~.'t_, .~'~ other.: evide~,ce ap-earl.~ =~::~' sa!a'' :,,i'oce~u_' '~e, that no inconvenience ','2!1 r~;sult ~o the of ~r,d as -~r,. a!lev or ,.ab!lc use and that ti:e ri'" f _ __ _ . _ c~_ts or :~eiti~er the -aL!~c nor any .,:,,~='~-'vidua! '~.'il]_ be vic!~=~ed ~:r anv~ i~.~"~ury of da:~u..'~.'e_ s~,~'talned., o~.- ei '~ ~ ~·~,, re~so:-,~ of the vac=~:oi~ and closi,_~ cz s~iu °_~ __. ~ ; e=~.,i~. Zo Council znat ~he .t.etitioners .ute vi!iinc Irolo~:e to bear the cosZs a.'td exr,enses incide:,t to t).is l.roceedure; =.ori:: o~ ltna kno',':n as an~-!le'~' ~ ring oD_ Z,~. north side of ;._~±~.~ aen Lane, ..=zeia:~ Courv ~(~'~:'" feet west u'-', Sra-~idin ~"'"; ' ' ' ~-~ r. ar~!] ~, li:;es to ¢ 20 _ . _.o~a and ex'cei-~alng bac:: wee::_ _e_ ~ :octa'-le..-~ norzh., o~ .a!den Lane be a~ld the sa'.,':.e is ,~e:'-re'o~r~ disco:it!!lued, vacated closed as ¢'* ~:_ ,., _ ._ ~ se...eA ~ _.~, i~ereb[.-released to the =buoo~, own or...._.~,o s==~ str of land ~ "- "' and the ~ler~. of ~n!s Council ce, dlrecV ed to ".-,_,~ ~*"'~= "di scont~_ hued, vacated ana' closea'" t.::e' abo::e describa'~.¢, 1~ -:t: . stri-.0 of land on the '2Jars_ of Zhe._ l, ro'::ertV_ of ,~. L. Wolf=~ and zhe E. and~.. ..... ~,_.:~ lndimoor ~'~o~Tz"- ..... ny, i.'~c, on ~'il=. .. in zhe ~zineer's Office of the Cit';~, or_ Roanoke refer.tin.'.-_ to the book and_:a~'e~ of Eesolutions end Ordinances o:~_ the Co~maci]_ oi ..... ~e .~oi~i.? of ........ -' ..... ¢' ~'~'~ fo~thwi~, -"i to the ,3!erk of the Circuit Court. of ~-'* ' ' ' _j of '; ;,u¢.~u~ce Counter, 7ir.:.'liiia, 0o%:',- this C, rdinar~ce iF. :; -'-:.~ "' *,.- make l;ro-::,er horst.ion on the above referred order ~n~t said clerk of said court ;~,, _ _ two :plats of ~. L. Wolfe and the =,anmY and Endimoor Com-pany, Inc., of record in -*~'-'___,, ,ce. of the Circu~t_ _ Court o£.:~no:.e:' '~o~'untv~, "".,,irgznia'. The Ordinance is laid over. site was befo','e Oouncil. The same is filed. ~.. clai:u for se~ v,_ces ren,~e~, =,~ sale of~!~,-,n:,c'-'-' --:'-:11,._ an~ jam 151_ .152 (~4420) ~M~ Ordinance imposing a penalty upon o~'lners of personal property fai!inc to file a return thereof for ~:uri~oses of taxation as provided by law. (For full text see Ordinance Book :,o 8, · Bear moved to adopt the Ordinance. The motion ~':ao seconded by Nr. Po~::ell, ~ and adopted by the foliowinc vote: AYES: :.'ese. rs. 3ear, Co~er, lowell, i. im~, and the !'r.~-sident, Small ...... 5 Comer offered the follou'ind resol''''-? : (F&4£5) ~ ._~soiution au~uor~_zins .auc~ directiuG the Com:issioner of the levenue -, .~.~n~n~ and manufacturing in assess ;~C the value of all n:acl~inery and tools in ~- ,.-~ [:~ flItiS business ~o investi, c,~lo:~ and ro%ulre '0ersons, ~~o and ~uI.~z~h data as a as~s fop asses~henu of such :~:aci:iner3~ and tools for ' iuri:o:se or thxavion. ~': ~ ....... ~:'~ b" the ~'- ' ~ ' __ ~_. :~o~,,~,.,~ ., .~ounc_l or the CztF of Roanol:e that in assessins the Yalue :-,r ~i -'.-.,:-:'.- t::. ' ..:~n,~ ur .... ,.~,~ac~ur:~nc busi::ess ti~e Co:mu_is- ..... ~`c;~~`"ery and o s in a .... :": .... '"': ..... ' ~ and i:e is i~ereb[~, ~,~::or '--' sioner o~ the .~.e;.ue of the ,~i of i(oano:~ ~e, . dlrecved va re.._uire eaer, i, erson, fir::, or col' :.ora5 =o,, ._a :in:s a return on t:z:chi .... ~' cost 'orice ~nd the cook valu:e , · ;' -'.':~' ~ --" ;" ""-,' in ~;t'.ich Site of cae,, ~;:aenznePi' and souls cz' the firsz o~ , ~::u~r~. o~ eac., .,e~_ , a~-sess~.~ens- is :..,adc, -~o~ be used i,," arriving;S_ at the fair ~.~-'~rnet value of such ::mchine and ~ al -, - --~---r~.: .... :' "- ........ ' .... ~ ~.~c~ tile ,~omtlzssioner o{' tile Rever:ue sba ~ ' to exalli!le, or cause to be e..,~:~_.,z,ed, be, and he is hereby authorized -'_.n~ direc~uu, ail ' ' .... '" i' i'irl! or carl, afar'; on ,.~.~1~ such return O00:~S ¢,;~0. Petards al' tile el'SOil, _ - ~-~so re_~.::~, o.:.e atuendance at his afl'ice of' the i'..erson or :':ersons mol-tim: ~,_.~ ~:~F,,-.;~ aL[Ch l.'ersoii oF Per$olls under oat:: co nc erni ,:; . the Sallie ",,---erso::. r-'..~---, .... .-.~: cat-:sara~:~:o:t ¥'ozat:~',.~ -any o~~_ tile ~,rov:s,_~.:~s of ti:is .... -' ,_,_. llp~' va c_?' ~',: ':i th the re~uirez~ents zhereor -all be liable to a ..'.~S'_ '_~_011, '-~_~ -.-~ ---_--. ..- _ -- -- "--- ;' "~-~': '!000 :':',.cz- thou !00 OC for each offense Z~c!:. davs ~"~_,~ o~ not less violation of the-qrovis~.:.r~s of ~_..~.is ord: thereof', ~o coi!svitute a se'iarate u_:e~,~e. Coz.er :~oved Va ado-c.t the Resoiut'~_o:~. '~;-_~,~ motion x:us duly~ seconded by Eear, ~nd the resolution ~aof~ed b-.: the follc~'~_nG vote: 5 ~:b~ fo!io',;im: urdinance horsing been introducem, it u, as '.moved aha seconded ~h~ ~ the second rea~-~.~ be dispensed ,~ ~R~:;~.~ ,"~'~'~,:- ~he conduct of i,restiinc, ~ (F~e~3] ~ '" ~'~"'"~" co..s~_~n~ zo ~ox~n~ and ~a~-r~r: Exhibitions in the City of Roanoke under the direction, ::mna~ement and '~0~---~ S S iorl ~ o~.~ _o._~ and ,,~es~_~,.g created under an act of the General_ .~_ssemb]';_~, o f$ ~ r $1, _~ ..... wzn~a' ' , a-o-', roved. _llaro]i 20, iq~'''~ c.=. (For full. ye:st see Ordinance Baal,: 17o. 8, Vase ~/Ozp_ ). =.~ aa,~:.:~ea b-- ~,e follow vote: .... ~' Cor_.er _o,.eli, ~_~o. '.lesgl's. meat, , None ...... 0 _ _ . ~Lq~ the r~esident, i.fr !! 5 L1 The City i. lanager presented four I, rojects for street and asked that ResoZuti....n if::provements to be done under the Zational Recovery ,',ct, be i~assed authorizing this r,'ork The question is referred to the City f, ttorney with ' request that he-preI.~re the i~roper resolution. l,O~.~,, ~' ' ,',~:'~" '~.~' The City ,~uditor, ~.. ~: L~. n. R. Yates, a~iL'eared oeI'ore Council and asked that a resolution be passed authorizing the transfer of ik~nd the :','orlamen's Compensation Fund not~ inactive to that of the General Fund, the amount ~ "--- ~1, ~.,~._~, resolution dratm and i'resent oe~n~ 917.31. l;e is directed to ~ave :~o~nc~] at the next regular ::mctin~ of Council on ,vidav, Dece~foer 2!st .~_ ...~.-~ue~ brou;sht before Counc?] the cuestion of E%U~IZA~OE ~u~-,~: The ty "~' ..... . · z~,ted by the Court, ~ ,-~ ~ - i'~cent~v ~o'~ co,~z~en~a~ion of the~':aua, [izat~on Board, ~ ..~ _ or l.;easrs.... ?....ar~i;~., C...,. ~ .. ~:~,~er :. discussion of the os~estion, the rresident a~.~ oi:'..ted fr..~m Council, ,.:essrs Comer, and .... "~-, a,.~.ur"~-, as a ~,:.~nztte to ....... ;:re' are the x~ro',,er r,::sol'~'.tion fix"n~ the co!?,.Lellsatisl'[, trie h.~ul~S of service, ~,nd any other relative ::'~tters cover-i-,'- as zrescribed b'~ the Orde',' of the La%': and ~hancer'; .~ours. The .~ity-:ana.a:er~ ..... '-rated to Council that he .~'~d~ investigated the i:.racticability cC ",,:itc Collar ~':or':ter~ -.i'.re-'i;ari'.'~.Z the stat _.e:~ cover.lnG adjustments ar~-d inecuities of assess~:~nts as sl~oxn bi- the ~m%d Books, and ' - '- Comz.._ssioner of the Revenue that the staZement would that he n~d been aa~ised by the be :.ze~,red--.. -,..- _..~'- his office x~th._ . his o:';n force, ratl~er zhan by the "~[h~ta_ . Collar" -_ ' _:_:,.. iL Zion workers, sa:~e to be -:jresented to Counc~ ] -~prior zo the meeting of the ~-~,,a 'za Board on Januaru 2nd, 195b. ,_ - ~ ' =' ~o~_._SS~ crier o~-' 'ft~e Cler~ ~s directed to send cosv of ~esoiution a-4421 to ~,ne '~ ~-~ ' ~* __ ~.~.=~ t survey and and s~=~e tkat it is the understa;-~dina~ of Council ~'~ he 2, evenme, tabulat~: :.n as called z'or -:,'i!1 be made in ',.':is office, and will be submitved to 3ounci! - :- ~ .~o'"' '~ is aesirous of ~' bi' ti':e 1st of ~anuari, 193b, ~n~ Zhat '~' ~.cz_ :~z~.a this i in order to :..ro~erl~. 'srovect the City's zn~e~est in ~ne ...a~er of ecualized asse ..... S ~ ..:e--' ~ . City ...~nat,~r u~o~._~,~ o~ore Council a request fro:.-: Director of the De'oar ........... - - ~ _ ~..~e:,~ of R~s:eation for s -:.evv'; cast_ fund o~ ~5 O0 to b,~ ~sed as ~,~,~ at the CLv~, [.:afl:et ,~-~..iitoriuin au_Lng. Z z. as,-.e,c, uqi Se~:son it ~"~= · ~._.~}o~,_z~n~'; the ",.ettF cast: ~und unanimously a~reed that -nro-c, er resolution ce ~,..=,ssed ~-"~' ~' - aha the foliouinG resolution ~,~.s offered: establish ~ r. ett.~ cask ~un._. for ;i~e Director Vhe =,ecreat ion Depot t::.ent of ~' · Ur. ~"~' ........ 'v'~' .~,~ a ~,ett~, cask i'''~ of =, ~o~~ by the Council of Zhe City of lo,eke t'~+ -- ' ~ o'-~ th · ~!ty of :,u~ ~'-~ for e ~c~eatzon Del:.artment of the ~' ~;c.O0 be established in the ~ ~ xur'Joss o, m~:~zn~ change at the ""~'-' ~s:~e~all season', ~. _ ~y :arket ~uditorz'~ aur~n~ the and the City ~uditor is directed to set up said fund on his books. . ~,e reso~uv~on, ~'~hick was seconded by ~.~r ~ao~;'ted b-/ the follo~;in~ vote: "inn and the res~aen~, ~.~' Smal~ ~'- Comer l:o~:el]_, , · - · . t %here b '~ .... e-.,,.c, no further business, Council ad~our.~ed to ::eet at 7 . ~ ~-.r.~--~ '~ -'- lgS~_ for further consideration of the ~'~-' '- '~. h:. , ~aoK-~u.. ~ Dec ei:.:o er 15, , ~u~e ~. 153 154 The Council of the City of Roanoke in the Municipal Building Saturday, COUNCIL, SPECIAL MEETING, SaSur~ay, December 15, 1934. met in Special Meeting in the Council Room December 15, 19~4, at ?:30 o'clock p. m., for consideration of the budget. PRESENT: Messrs. Comer, ABS~T: Mr. Bear ........ 1. The President, Mr. Small, presiding. OFFICERS PRESENT: ~'. P. Hunter, City Manager. OBJECT OF THE MEETING: Consideration of Powell, ~inn and the President, 1935. SCHOOL BUDGET: The City Clerk is directed Mr. Small --4. the budget for first six months of to ask that Mr. D. E. MoQuilkin, Superintendent of Schools, Mr. J. S. McDOnald, Clerk School Board and Mr. L. G. Muse, substituting for Chairman Hazelgrove, appear before Council'at 3:00 o'clock p. m., on December 19th, for discussion of the School Budget submission. LIBR^RY BUDGET: The City Clerk is direcued to ask that Mr. J. ~. Hancock, President, Roanoke Public Library, together with Miss Hinesley, appear before Council at 4:00 o'clock p. m., on December 19th, for discussion of the Library Budget submission. J~ILE COUiIT BUDGET: The City Clerk is directed to ask that Judge R. G. Nhittle, together with Mrs. Jeffries and Mr. Lindsey, appear before Council at 14:30 o'clock p. m., on December 19th, for discussion of the Juvenile Court Budget subm~ s si on. A discussion of various items of the budget was bed during the evening, Hu~ter, the City ~anager, submitting certain items that could be eliminated or reduced in the Budget. There being no further business, Council adjourned at 10:00 o'clock p~ m., for further consideration of the Budget. APPROVED President Cle~ ~ COUNCIL, -~PECIL MEETING, Wednesday, December 19, 1934. The Council of the City of Roanoke met in Special Meeting in the Council Room in the ~'~unicipal Building, ~ednesday, December 19, 1934, at 3:00 o'clock p. m., for consideration of the Budget. PRESENT: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small --5. ABSENT: None ........ 0. ' The President, Mr. Smell, presiding. OFFICERS PHESENT: W. P. Hunter, City Manager. OBJECT OF THE I~EETINO: To discuss with representatives of the School Board, the Library Board and the Juvenile Court in consideration of the Budget and other matters of importance. ,SCHOOL BUDGET: Messrs. D. E. McQuilkin, J. S. McDonald and L. O. Muse appeared as representatives of the School Board. The President, NM. Smell, stated that Council had asked the representatives of the School Board to come up today to discuss the Budget submission of the School Board; that they were interested in bringing about some sort of balance in the Budget, but that he wanted to say in the beginning this Co,~ncil has not had an opportunity to express to the School Board and the Administrative Officers of the Schools their very great appreciation for the manner in which the School Budget has been prepared, that it is probably the most !comprehensive and informative budget in connection with the SChools we have ever had. Ne appreciate the detail you have furnished, and we think the budget prepared in the classified way in which this budget has been prepared is going to greatly reduce the time of Council, and greatly facilitate the handling of this particular School Budget. It gives us a more thorough knowledge and a basis~than we have had for some time; and that I might say now in connection with the Budget itself, I don't think there is any question on the part of Council as to the administrative cost and tpersonnel cost. respect, but are wondering or offering as a and equipment items be deferred ,.;~til after six or seven thousand dollars. Ne are perfectly willing to submit the Budget as submitted in that suggestion that some of your maintenance July 1st, and reduce your Budget pro~ably After discussing many items of Maintenance and Equipment now carried in the ~udget submission, it was agreed by the representatives of the School Board and the Council that the School Budget would be cut to the extent of $4,000.00, and that a letter would be dispatched to Council confirming this reduction. The Clerk of the School Board was requested to investigate the Question of interest on outstanding bonds or notes obligated by the School Board and report to Council with~a view of curtailing or anticipating the outstanding indebtedness. LIBRARY BUDGET: Mr. J. '~. Hancock, l~Lr. J. Tyler ~deadows and ~iss Pearl Hinesley appeared as representatives of the .Library Board. The President, i.~.r. Sm~ll, stated i that Council had asked that the ~epres~ntatives appear before Council for discussion' of the Library Budget submission, with a view of ascertaining if reduction could not Se made in this particular item of the City's expenditures and to have some sort of neeting of minds as to the personnel of the Library. The Question of personnel, branch libraries, etc., was discussed, the ~epresentatives of the Library being of the opinion that it was not practical to .155 operate the Library on a smaller appropriation than asked for, but on the other hand~ 156 the branch libraries were necessary, and that an additional' branch should be established in South Roanoke. The President, ~. Small, stated that until some of the salary reduction had ibsen restored to the city employees, and the Budget such as establishing branch libraries in Roanoke is balanced that "refinements', something Co,,~cil feels can var well be disposed of. The appreciation of Council was expressed by the President for the representa- ~ rives coming before Council, end giving of their time and attention. JUV~ILE COURT: Judge R. G. ~hittle, Mrs. Jeffries and Mr. Lindsey appeared as representatives of the Juvenile Home and Court. The President,.Mr. ~mall, stat that Council had asked that the representatives appear before Council for discussi of the Juvenile Home Budget submission, in order to meet our own problem of b,!~anc- lng the Budget, there being a few items contained in the Budget submission Council wO~ld like to be ~nlightened on, one being an item for a colored probation officer, which activities it is understood are separate from the woman probation officer ~and !Lt. Lindsey. Judge Nhittle explained in detail the ite$ in Question, after which the President, ~.r. Small, questioned the item of"Board of Inmates", stating that according to his figuration on basis of info~,mtion furnished, the amount would · average about twenty-five cents per meal, and it was thought this was out of proper. tion, and that Council was considering very seriously of reducing the maximum to 60¢ per day per inmate. The President, Mr. Sunall, expressed the appreciation of Council for the representatives coming before the body. COMPENSATION BOARD: The President, Mr. Small, called to C6,mcil's attention that as yet nothing had been heard from the Compensation Board as to awards for the Commissioner of nevenue, City Treasurer, Commonwealth's Attorney, Clerk of Courts, and City Sergeant and presented a suggestive letter to be dispatched to the Compensatiom Board. There being no objection, the City Clerk is directed, to write letter as per draft submitted. :. ROANOKE NATER NORKS COMPANY: The President, Mr. Small, reported progress of survey and analysis of the Roanoke Nater ~orks Company being made by Mr. Barnhart, stating that it would possibly be necessary for Mr. Barnhart to engage the services of one man in compiling certain information, and with the approval of Council, he would like to have the permission to authorize ~,4br. Barnhart to engage the man in question for a period not to exceed sixty days at a salary of $125.00, per month, bill to be presented to Council for approval afOer work in question has been complet, ~. It is unanimously agreed that Mr. Barnhart be authorized to engage the man in question as outlined. ~ RADIO F0H POLICE DEPAR~J~T: The question Of Radio equipment for Police Department was discussed before Council, and Mr. Bear offered the following motion: [ P olt c e i "That the Radio/Control ~ommittee, composed of Jas. A. Bear and W P Hunter, be and it is hereby directed to proceed at once to make the necessary arrangements to install a police radio system in the City of Roanoke, and to make such tentative ,contracts for the pu_r'chase l~r equipment it may think best, but no final, contracts are to be made until approved by Council." The motion was seconded by hLr. Ninn and unanimously adopted. 'd. EQUAI~ZAT10N BO~D: The Co~nittee composed of Messrso Bear and Oomer reported on the question of compensation and hours of service for the Equalization Board, and recommended each member, employed making a authorizing the There that Council for a period not for a period of six months, total maximum expenditure expenditure. authorize compensation of ten dollars per day for to exceed sixty days, and that a stenographer be at a salary not to exceed $90.00 per month, of $2,340.00, and that Resolution be prepared, being no further business, Council adjourned. APPROVED 157 158 COUNCIL, REGULAR ~ETING, Friday, December 21, 1954. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building Friday, December 21, 1934, at 2:30 o'clock p. m., instead .of the regular 3:00 o'clock meeting hour, in order to discuss with the 2qualtzation ilBoard the question of compensation and hours of service, and any other matters of !interest in the conduct of the Board's affairs. ! PRESENT: Messrs. Bear, Comer, Powell, ~inn and the President, !Zr. Small ..... 5 ABS~T: The Presidnet, ~r. Small, presiding. ~FFI~ERo PRESENT: N.P. Hunter, City i~anager. EQUALIF._~_TION BOARD: The Equalization Board, composed of Yessrs. A. P. Martin, C. M. Speese and George W. Chancy, appeared at the invitation of Council, and the President, ~:r. Small, stated that the Board had been invited for the purpose of fixing compensation and period of time for the Equalization Board to function, and other mctters of pertinent interest; that Council h~d before it a tentative report from the Comml. ttee appointed from Council to consider this quection, the same indicating that the work of the Board could be completed within a period of 180 man days, or sixty unit days for the Board, and that a Clerk be employed full-time for a period of six months; that the compensation of the Board members be fixed at $10. per day, but if it develops that the Board 'is unabie to complete the task in the allotted period, naturally Council ~'ouLd~ make such necessary provisions for additional time as circumstances ~arrant to bring about completion of the work. The question was discussed at length, and it was unanimously agreed that the Board ~'ould proceed on the basis as outlined by the President, and that the compensation would be ~10.00 per day for one hundred and eighty man-days, or sixty unit days, and that a full ti~:~e .Clerk be employed for a period of six months, and the Clerk is directed to prepare the proper Hesolution cove. ring same, the Clerk's salary to be fixed at ~100.00 per month. After a cohference, it was agreed that the Equalization Board ~ould occupy the quarters for office space formerly used by the Board of Assessors in order that eas access might be had to the Engineering Department. .~__,~.,~..,~. it appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as read. HEARING OF CITIZenS ON PUBLIC LABOR '~IONS: j. i,:. Kab!er, Chairm_.en, Hoanoke Central Labor Union, R. E. Hill~ President, Hayon Textile ;,'orkers Union, Local ~1842; and J. Q. Sparks, appeared individually and collectively before Co~cil, complaining of the use of VERA Form 211 Rev., used by the Social Service Bureau for signature of manual workers on relief projects in the City of Roanoke before given work or direct relief, the representatives of the Labor orgainz~tions terming same as a "Yello~ Dog" contract and asked that Council go on record as opposing the use of same, and ask that Relief authorities be requested to discontinue the use of same. M.r.T.C. Rohrbaugh, Relief Director, appeared and explained the use of the form in question, and steps that had been taken to bring about a mutually satisfae I0 t, )fy understanding, and also explainted the method of distributing the "kind" complained of by the labor representatives. A lengthy discussion of the question, resulted in a motion being placed before Council, Mr. Winn offering the motion, that Council refer the matter to fZr. Hohrbaugh, with request that he call a meeting of the Relief Director's Wage Rate Committee for consideration of Form VERA 211 Rev., and report to Council the findings and recom:~endations, sending copy to the Virginia ~,ergency Relief Administrator at Richmond. Mr. Comer seconded the motion, and the s~me was unanimously adopted. Later in the meeting Ur. Rohrbaugh presented to Council a telegram received from Mr. ~illiam A. Smith, Administrator, and he was directed to bring this before his Committee meeting to con~ider the question involved. I~ETITIONS AND COM~.tUNICATION: CITY TREASURER: The City Treasurer, C. R. Kennett, presented to Council his letter of transmittal of comparative statement of uncollected taxes as of December 6, 19Z3 and 1934, separated as between real estate 8nd personal property, sh O,,1.g a balance of uncollected taxes of ~444,973.58 for 1934; and a verbal estimate of the 1933 and 1934 uncollected Zaxes ~6s set at apprcximately $700,000.00. It was moved end seconded that the report be filed. AUDITOR OF P?BLiC ACCODI~TS: A letter from L. McCarthy Downs, Auditor of Public Accounts, enclosing bills covering expenses incurred in auditlng the accounts and records of the City of Roanoke, one for $527.41 and one fGr.$210.70, aggregating an smount of $738.11, and asking that the same be paid promptly, was before Council. After a discussion of the bills in question, it being stated that a letter dispatched to the Governor of the State, asking that the State bear its proportion of the expense of the Audit, had never been acknowledged, it was decided that the ~ayment of the bills in question be post~'oned for the time being, certam,,ly for a · eek or ten days. CITY AUDITOR: A letter from H. R. Yates, City Auditor, stating that a balance of $445.34 deposited in the Mountain Trust Bank in the account of former Treasurer, J. H. Frantz, had been closed and the amongst deposited to the credit of the City. The letter is filed. HAYON TEXTILE WORKERS UNION, LOCAL 1842: A letter signed by a .Comml ttee from the Rayon Textile ~orkers' Union, endorsing the stand taken by Council in authorizing a study of the Seville report of the Roanoke ~'ater Works Company by S. H. Barnhart, was before Co~cil. The Clerk is directed to acknowledge receipt of same. C0~._,USS!0NER OF REVE~UE: A letter from the Commissioner of Revenue with reference itc assessment of property owned by the Virginia Heights Baptist Church was before , Council, the same showing that the assesament has been properly made. The letter is .i file~. J. T. WOOD - R0~10KE ~ATER WORKS: A communication from J. T. Wood with reference to the report of Allen J. Saville, Inc., on the Roanoke Water Works Company, the same being eight, pages, was before Council. The Clerk is directed to acknowledge receipt of the letter, and say that Council appreciates his interesting and informative letter, and that the same will be given consideration~at such time the Seville Report and Council's investigation is completed. REPORT OF OFFICERS: Rh2~0RT OF THE CITY MANAGER: The Gity Manager presented report of work accomplished and expenditures for week ending December 14, The same is filed. 159 160 REPORT OF COM~!ITTEES: None. L~IFINISHED BUSINESS: None. CONSIDERATION OF CLAINS: (See Ordinances and Resolutions). INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: FERA FUNDS: Mr. T. ¢. Rohrbaugh, Relief Director, presented to Council his amounting to $105,950.00, and request for FERA Funds for first quarter of 1935, asked that proper resolution to be signed by Council be adopted. Mr. Comer offered the following resolution: (~4425) A RESOLUTION to authorize the application for funds under the provisio~ of the Federal Emergency Relief Act of 1933. BE IT RESOLVED by the Council of the City of Roanoke that the following application be made for funds under the Federal Emergency Relief Act of 1933. "To his Excellency, The Honorable George C. Perry, Governor of the State o1' Virginia, Ric~nond, Virginia. ~e, the undersigned officials of the City of Roanoke, Virginia, hereby request the Governor to make available out of funds which the Commonwealth of Virginia may secure under the provisions of the Federal Emergency Relief Act of 193b, the sum of $105,950.00 to be used for the period. January, February and March 1935, in furnishing relief and work relief to needy and distressed people and in relieving the hardship resulting from unemployment in the said City. ~e hereby certify that the funds herein appalled for are necessary for the purposes aforesaid and tha~ the resources of the said City, including moneys now available, or which can be made available by the said City, including private contributions are inadequate to meet its relief needs. InformaDion in support of this application is forwarded herewith. ~'e, the undersigned officials of the said city agree to conform to all requirements of the Federal Emergency Relief Act of 193~, and to all rules and regulations of the Federal Emergency Relief Administration and the ~'irgi~ia Emergen Relief Administration concerning standards of relief and the administration, supervision, distribution of, and accounting for, any moneys made available to the , said City pursuant to this application. In witness ~hereof,' we, the undersigned ofi'icials of the said City, have here ~unto set our hands and caused same to be attested by the Clerk of the said City, ~ this 21st, day of December 1934, at Roanoke, Virginia." ( Seal ATTEST: L~r. Comer moved to adopt the resolution. The motion was duly seconded and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Ninn and the President, 5~. Sm~ll ........ 5 NAYS: None ..... 0. i~r. Bear offered the following resolution: (~4426) A RESOLUTION directing the City A~uditor to draw a warrant payable to George C. Bowen for $8.00 to refund taxes. BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby direoted to draw a warrant for the sum of $8.00, payable to George O. Bowen to refund taxes paid to J. H. Frantz, former Treasurer. ~Ir. Bear moved to adopt the ~.esolution. The motion was duly seconded and the ~ resolution adopted by the followir~ vote, it being understood that when payment of refund taxes paiG to J. H. Frantz is made, that the same shall be applied to presenl delinquent taxes, AYES: Messrs. Bear, Comer, Powell, NAYS: None ....... 0. 4~r. Comer offered the following resolution: ;;inn and the President, 2r. Small ...... .5.~ (~44~7) A RESOLUTION to transfer from the '~orkmen's Compensation Fund to the General Ftmd the sum of $1,917.31. BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby directed to transfer from the Workmen, s Compensation Fund to the General Ftmd the su_m of $1,917.31, and to close the Workmen's Compensation Fund account in the General Ledger of the City of Roanoke. l:~.r. Comer moved to adopt the resolution. The motion was duly seconded, and the resolution adopted by the following vote: AYES: ~.iessrs. %ear, Comer, Powell, Winn and the President, L:r. Small ........ b. NAYS: None ........ 0. ~r. Winn offered the following resolution: (~4428) A RESOLUTION to refund Viscose Cleaners $35.00. LHEREA~, the Viscose Cleaners purchased a $75.00 license to conduct a Clecning and Pressing business i~ovember 24, 1934, and were told that they would be refunded ~hen the new Cleaning and Pressing Ordinance was adopted. AHmRE~RE, Bm IT RESOLVED by the ~'~ouncil of the City of Roanoke that the City Auditor be,.and he is hereby directed to refund to Viscose Cleaners the sum of ~35.00 refund on License purchased to conduct Cleaning and Pressing business. i',~. Winn moved to adopt the resolution. The motion was duly seconded by i,lr. Comer and the resolution adopted by the follo~'~ng vote: AYES: ~essrs..Bear, Comer, Powell, ~;inn and the President, Mr. Small ....... ~. NaYS: None ..... 0. Bear offered the following resolution: (~4429) A RESOLUTION to refund the City Treasurer ~5.29 for taxes collected through ez. ror from John Bay, colored city employee as follows: $2.77 - 1932 2.52 - 1933 ~,tiEREAS, it now develops that the above taxes belong to John Ray who resides at ll0U hladison ~venue i~. E., and not the John Ray, colored city employee. THEREFORE, BE IT R,.,SOLVED by the Council of the City of Roanoke that the City auditor be, and he is he~'eby directed to draw a warrant payable to the City Treasurer for $5.29, and that the said Treasurer be directed to credit said amount to the taxes which it properly belongs. idr. Bear moved to adopt the resolution. resolution adopted by tl~e following vote: AYES: Messrs. Bear, Comer, ~'owell, ',,inn and the President, ~£r. ~all ~,iAYS: [~one ...... 0. The motion was duly seconded and the !! Comer offered the following resolution: (~4~30) A RESOLUTION approving certain projects for the improving of Highways in the City of Roanoke and authorizing the City Manager to execute agreements in 161. connection therewith. ~EREAS, the City of Roanoke has requested the State Highway Department to submit certain projects for the improvement of certain highways in Roanoke City ~ under the National Industrial Recovery Act ! agreements hereinafte¥ referxed to, to be and the City of Roanoke; and ;iP._EREAS, the State Highway Department designated and described in proposed executed by the State Itighway Department has presented to Council six copies of proposed maintenance agreements for each State Route on which work is proposed, sai agreements to be executed by the City of Roanoke and the lllghway Department, v:hich agreements designate said routes and describe said projects and embodys the terms and conditions to be complied with in connection with said projects; and ~HEREAS, the Council oi' the City of Roanoke has inspected said agreements and terms thereof and accepts end apl:roves the same on behalf of said City. BE IT THEIiEFORE RESOLVED by the Council of the City of Roanoke that W. P. Hunt City ~anager, be, and he is hereby, authorized and directed to sign four copies of said agreements and two certified copies ~n behalf of the City of Roanoke for each State Route on which ~ork is pro?osed, and he is further directed to attach to each of said agreements a certified copy of this Resolution and deliver said.agreements so signed and said Resolution to the State High~ay Depart~;ient, together v~ith plans for the v,~ork which the City of Roanoke prol-,oses to do on each route. L~r. Comer moved to adopt the resolution. The motion was duly seconded by ~,ir. Bear, and the resolution adopted by the following vote: AYES: },jesses. Bear, Comer, Powell, l:inn and the President, h4r. Small ....... 5 i~AYS: None ...... 0. The following ordinance having been introduced, i~ was moved and seconded that ~he second reading be dispensed with: {~4422) AE ORDINANCE vacating and closing an alley on the north side of iCaiden Lane in Roanoke City, 250 feet west of Grandin Road and e:.:tending betm'een parallel li::.es to a 20 foot alley north of ~iaiden Lane. {For full text of Ordinance see Ordinance Book No. 8, Page 208 .). Idr. ~i~2 moved to adopt the ordinance. The motion was seconded by DM. Bear and adopted by the following vote: AYES: Messrs. Bear, Comer, Po~ell, Winn and the President, Mr. Small ........ 5 i<AYS: None--- 0. Zr. Ninn offered the following ordinance for its first reading: (~44~1) AN OHDIN:~CE to repeal Resolution i~o. 4416 passed by the Coun. cil on th ~. 50th, day of November, 19~4, and to authorize the City Manager to employ a License Inspector, and to prescribe his powers and duties in connection with the enforcemen of City License Ordinances. DE IT ORDAINED by the Co,,ncil of the City of Roanoke that Resolution No. 4416 passed by CouBcil November 30th, 19~i, be, and the same is hereby repealed and -nnulled. BE IT FURT_W._ER ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to employ an Inspector ~hose duty shall be to see that the provisions of all City License Ordinances are enforce and shall make reports to the City 16anager and perform any services required by him in connection with the enforcement of the License Ordinances; said Inspector to be subject to removal at any time at the pleasure of the City Manager. Said inspector shall, especially, investigate and ascertain ~hether each person, fi Pm and corporation engaged in any business or profession, pay a City License Tax for the privilege of doing be measured by the amount of actual lit, or upon the actual or probable cor~'ect return; and, to that end the said Inspector is authorized· and empowered to smm:~ons such person, firm or corporation before him and require the production of any or all of his or its records, books and papers likely to throw any light upon the matter under investigation, required by any City Ordinance, t ~ business in the City of Roanoke, t~ or probable sales, or purchases made by him or I volume of business done by him or it, has made a [ and he is also authorized and empowered to make such other and further investigation, examinations and audits of the records, books and .papers of such persons, firms or corporations as he shall deem proper in order accurately to determine the proper return to be made by such person, firm or cor~.~oration. If it shall appear that such purchases, sales, amount of business, or other matters pertinent to said assessment have been incorrectly reported or returned, said Inspector shall make a report to the City ~4anager for his consideration and action, and, if he shall be satisfied that such person, firm or corporation has _~de an incorrect report or return he shall direct the Commfssioner of the Revenue to assess such person, firm or Corporation with the proper City License Tax. Any person, firm or corporation who shall fail to appear before said Inspector to produce such records, books and papers, when duly summoned, or shall refuse to permit said Inspector to make such other and further investigation and audit of said books and papers as aforesaid, shall upon conviction thereof be fined not less than $10.00, nor more than $200.00. The ordinance is laid over. ~0TIONS ~ND ~ISCELL~EOU~ BUSINESS: REFUND OF TAXES: A co~¢.~unication from B. M. Phelps asking for a refund of $140.13, representing excess taxes paid on building at ~515 Norfolk Avenue S. E., ~ss again before Council. The request is referred to the City Attorney for opinion as to the City's obligs~ion in the matter. NOTE-R. J. BALDWIN: The City Clerk brought before Council s note amounting to $~&t.00, signed by R. J. Baldwin covering curb and gutter obligation, stating that ~. Baldwin had complained of improper construction in the curb, and asked that this he adjusted before payment of the note. The matter is referred to the City Manager, with request that he confer with ~r. Baldwin as to basis of settlement. COE~4ISSIONER OF REVENUE: A communication from the Compensation Board, notifying Council that the Compensation Board has tentatively fixed the salary of the Commissioner of the Revenue of the City of Roanoke, as well as the expenses of the ',: office for the year 19~0, and the Clerk is directed to write the City Attorney the:~ following letter: "The Compensation Board has fixed the salary of the Commissioner of the Revenue, and expenses, comprising office personnel, as follows: Salary of Commissioner of the Revenue Detail of Expenses - Premium on official Bond of Commissioner Compensation for deputies, etc. - Jas. A. Armstrong Charles R. Lescure Evelyn C. Murphy Virginia N. Eanes Helen R. Casey Extra Help Other Erpenses - Postage_ Telegraph and Telephone Advertising Total for ~ll purposes $ 20.U0 B,bOO.uO 1,500.O0 1,BO0.O0 1,B00.00 500.00 500.00 175.00 75.00 $ 6,000.00 .... 9~6g0.00 15,670.00 163 Po 4o Stationery, furniture and equipment, incidentals, and Section 299 of the Tax Code of Virginia. miscellaneous, se The State pa2s ~ne-third of the compensation so fixed, and reserves the right to make any horizontal reductions now authorized by the State Statute. his Council would like an opinion from you as to whether or not the City of Roanoke has the same prero£utive as to imposing horizontal reductions of salaries as to the personnel of the office. CITY ATTORNEY: A commu~ioation from City Attorney, R. C, Jackson, asking that salary and expenses be ~upplemented in the budget for the first sixmonths of 1955. At the suggestion of ~r. Comer, it was agreed that the question be taken up at the next meeting in the consideration of the budget. CODIFYING ORDINANCES: The City Manager brought before Council a request from ~..~Lr. C. S. McNulty for c c~pensation for ~xtra days worked in codifying the Ordinance fcr which he wes not paid by the VERA. The City Manager is directed to confer with ~4~r. McNulty and ascertain il' by devoting four days per week to the work whether or not he can keep abreast of the typists, and report back to Council at the meeting of Council on Friday, December 28, 1954. There being no further business, Co~cil adjourned to meet at 7:30 o'clock p. m., Thursday, December 27, 1934, for further consideration of the budget. APPROVED President , COUNCIL, Friday, REGULAR MEETING, December E8, 1934. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building Friday, December 28, 19B4, at 2:00 o'clock p. m., instead of the regular 3:00 o'clock meeting hour, business, and have time for consideration of the of 1935. PRESENT: Messrs. in order to dispose of regular Budget for the first six months Bear, Comer, Powell, Winn and the President, ~r. Small--5. ABSENT: None ..... 0. The President, !~. Small, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager. MINUTES: It appearing that a copy of the m~nutes of the previous m~eting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the m~nutes approved as read. COMPENSATION BOARD AWARDS: The regular order of business was dispensed with in order that the awards of the Compensation Board might be brought before Council, as follows: ATTOMqEY FOR TwR C0~_~0I, JEALTH: "In conform1 ty with the provisions of an act approved March 29,1934, commonly known as The Compensation Act, and published as Chapter 36~ of The Acts of Assembly of 1934: "You are hereby notified that the Compensation Board has tentatively fixed the salary of the Attorney for The Commonwealth for the City of Roanoke at $5,500.00, for the calendar year beginning January l, 1935, and the expenses of office for that year at Sg,000.00, the details of which are given below. The salaries are the basic salaries and the portion payable by the State is subject to such cuts as have been or may be impose~ by Legislative or executive order. Where compensation is allo~ed prosecutors appointed to act for the Attorney for the Commonwealth whenever he is unable for any reason to act, such compensation must be paid out of the salary of the principal. "For your convenience, the following paragraph of the compensation act is Quoted: ",Nheu the salaries for the several counties and cities have been tentatively fixed by the said Board they shall notify the Council, Board of Supervisors or other governing body of each city and county of the amounts so fixed. Within thirty days thereafter, but not later, the said Council, Board of Supervisors or other governing body may file with the Compensation Board any objection it may have to the salary so fixed, bl~en such objection is filed the said Board shall fix a time for a hearing on such objection, of which time the said Council, Board of Supervisors or other governing body as well as the office affected shall have at least ten days' notice. For the purpose of determining the merits of such protest, the said Council, Board of Supervisors or other governing body may designat~ two members of such body to serve as additional members of the Compensation Board and such additional members shall each have one vote on the said Board. ' "Given under my hand this 22nd, day of December 193A. ( Signed E. R. Combs, Chairman. ~Salary of the Attorney for the CommonEealth Detail of expenses - Compensation of - C. E. Cuddy, Assistant ( Pending the decision of the Supreme Court of Appeals of Virginia in the case of The City of Roanoke against Smith, The Compensation Board orders that paymemts on account of %he al-. low~uce to the Assistant Attorney for the Commonwealth for the City of Roanoke be withheld) Mattie I. Echols, Secretary Other Expenses - Stationery, stamps, telephone and other office expenses Special prosecutor, if any, payable out of The Pr'nci al - the salary of Tot~ f~ all purposes $ 2,400.00 1,350.00 250.00 "~ O0 , 5,500. 4,000.00 $ 9,500.00" 165 166 It was moved and seconded that the letter the letter filed. be made a part of the minutes and CITY SERGEANT: "At a meeting of the Compensation Board held on the twenty-second instant, your estimate of expenses for the conduct of your office for the calendar year 195~ was taken up, and an expense allowance as set up below was proved for said calendar year. $ ?5.00 .0.N OFFICIAL BONDS S~.ARY..OR 0_THER_ COMPENSATION E. H. Benson E. L. Winstead ~. E. Smith P. 0. Sink Lillian Miss Lucy Ray Extra Help OF DE .PUTI _ES Deputy Sergeant Deputy Sergeant Deputy Sergeant Deputy Sergeant Secretary Jail Matron 1,?00.00 1,600.00 1,500.00 1,465.00 1,000.00 300.00 150.00 $ - - OTHER EXPENSES Gas, oil, auto expense, office expense TOTAL FOR ALL PURPOSES and 1 ,.354. O0 $.,_ 9,14 4_.o.o _ ( Signed Yours very truly, E. R. Combs, Chairman. The President, Mr. Small, stated that it was the understanding of council the figures as tabulated generally conform to salaries and expenses n~ in effect for 1934, but no compensation ~as been fixed for the City Sergeant, and as this figure if there was no objection on the part of would have to be carried in the Budget, Council, the Clerk will ask the City Sergeant to come before council to discuss the question. It was reported the City Sergeant was absent from his office on account of illness, and the Clerk of the Courts was also absent; it then being decided that the following letter be dispatched to the City Sergeant, and the same letter to the Clerk of the Courts, as follows: "The Council in session for consideration of the Budget has provided therein compensation for the for the period January 1st, to June 30th, 1935, incl~sive~ being~ast half fiscal year, at the rate of $6,300.00 per annum, or $3,150.00. for the last half of this fiscal year, in accordance with request contained in your letter of September 29th, 193&. Appropriations will be carried in the Budget for expenses end salaries of personnel as set by the Compensation Board in its letter of December 24th, 1934." It was moved and seconded that the letter from the Compensation Board, as well as letter to City Sergeant be made a part of the minutes and the same filed. CLERK OF C 0URTS: "At a meeting of the Compensation Board held on the twenty- second instant, your estimate of expenses for the conduct of your office for the calendar year 1935 was taken up, a~d an expense allowance as set up below was approved for said calendar year. P~UM ON 0FFICIm;. BONDS $ 90.00 S_~I.ARY OR 0TMER C0~PENSATI,,0N., OF DEPUTIES_ W. H. Car~ S. S. Brooke E. S. Brooke Ida M. Wade Elsie Boone Lena Mills F. L. Seymour Edith Light Mrs. J. H. Sheller Lucy Payne Mary S. Tayloe w.~tra Help during Office Deputy Court Deputy Indexing Deputy Deputy for Deeds Deputy for Licenses, Releases, e~c. Deputy for Suits, Reports, etc. Deputy Stenographer for Court Typist-Clerk, work Typist-Clerk, work Typist-Clerk, work vacations 2,800.00 2,455.00 1,600.00 1,500.00 1~260,00 1,260.00 M, IS¢_ELLANEOUS I.T.~, _viz: for ~udgments, Executione,etc.l,~60.O0 Orders, etc. typing and general typing and general typing and general 1,260. O0 ?00.00 760.00 760.00 250.00 15,865.00 Postage, Express, P. 0. Box rent, etc. Your s very truly, 200.00 16,155.00 ( Signed E. R. Combs, Chairman." It was moved and seconded the letter be made a part of the minutes, and the same filed. ?RENU .RER: "In conformity with the provisions of an commonly known as The Compensation Act, of the Acts of Assembly of 1934: act approved March 29, 1934, and published as Chapter 364 "You are hereby notified that the Compensation Board has tentatively fixed the salary of the Treasurer, of the City of Roanoke, at $6,000.00, for the calendar year beginning January l, 1955, and the expenses of office for that year at $13,354.00, the details of which are given below. The salaries are the basic salaries and the portion payable by the State is subject to such cuts as have been or may be Imposed by legislative or executive order. ( See Compensation Act Quoted above Other Salary of Treasurer Compensation for deputies, etc. Deputy City Treasurer Outside Collector Clerk Clerk Clerk Stenographer Extra Help Expenses - Stationery and Postage Telephone and Telegraph Bond Premium Incidental and Miscellaneous Repairs to EQuipment Advertising Box Rent Adding Machine 2,400.00 1,500.00 1,500.00 1,200.00 1,200.00 900.00 400.00 2,600.00 50.00 657.00 50.00 100.00 575.00 12.00 220.00 $ 6,000.00 13,364.00 _ _ . Total for all Purposes $ 19,364.00" It was moved and seconded the letter be made a part of the m1_nutes, and the filed. PETITIONS AND COMMUNICATIONS: SOCIAL SERVICE BUI~EAU: A communication from T. C. Rohrbaugh, Relief Director, ~as before Council, asking that Council make the regular monthly appropriation to ~e available on January 1, 19S5. It appearing that an appropriation appears in the first six months of 19~ Budget,~ and not being necessary to make the special appropriation, the letter is ~iled, and the Clerk ~irected to request the City Auditor to draw warrant to the 167 168 prot~r amount promptly after the adoption of the Budget. TAX COLLECTIONS: A letter, together with portfolio, from the ~aplex ~mvelope Company, Richmond, Va., outlining partial payment plan for collection of taxes wac before Council[. There being no objection on the part of Council, the Clerk is directed to hold ithe file until SCHOOL BOARD NURSE: A 'of Messrs. Muse, McQuilkin and McDonald was before Council asking that some i' be made to provide the School Board w~th the services of a school nurse. such time the Delinquent Tax Bureau is set up. communication from the Roanoke City School Board, compose provisio The question is referred to the City Manager with request that he comfer with .the Health Department, and the Roanoke Visiting Nurses Association, to ascertain if s~meone could not be designated from their association, and report back to Counci with suggestions or recommendatioms. SCHOOL BUDGET: A communication from the Roanoke City School Board with referenc,~ to Budget figures for first six months of 1955, was before Council, tabulating itema to be eliminated from the Budget, the s,~e amounting to $4,000.00, the School Board reserving the right to include same in their appropriation for the next Budget. The items enumerated will be striken from the Budget and the letter filed. REPORTS OF OFFICERS: REPORT OF ~HE CITY MANAGER: The City Manager presented report of work accomplished and expenditures for week ending December 20, 193&. The same is filed. CODIFYING CITY ORDINAI~CES: The City Manager in the question of compensation for extra days in codifying City Ordinances by C. S. McNulty reported as follows: "Regarding the request of Mr. C. S. McNulty for compensation for extra days worked in codifying City Ordinances for which he was not paid by the VERA. "Mr. McNulty is allowed three days per week by the VERA, and he has worked additional time in trying to keep sufficient work for the typists and other assistants furnished h~m under the white collar VERAProject. "It is my recommendation that ~i~r. McNuity be paid by the City of Roanoke for one day per week at the rate of $10.00 per day beginming with the week, Friday, December 14, 1934, until January 17, 1935, after which time he thinks he will be able to keep the work ahead of the typists." Mr. Comer moved that Council concur in the recommendation of the City Manager, and that Mr. Hunter be authorized to say to Mr. McNulty that Council would authorize the payment of one extra day per week for five weeks, after which a resolution would be adopted authorizing the payment of $~0.00. TB~FFIC ARTERIAL _H~GH~AYS: The City Manager m~de the following report with reference to designation of arterial highways withim the City of Roanoke: SRegarding the resolution of the Traffic Committee composed of two representatives from the Rotary, Lions and Kiwanis Clubs with Judge H. S. Birchfield, Chairman of the Committee which made recommendations that certain streets bedesignated as arterial highways. "I do not think it advisable at this time to go into as an extensive designation of Arterial Highways as this commfttee has recommended. "It is my recommendation that U. S. Route ll, ~ll and &~0 Highways. the City try eh experiment by designating through the City of Roanoke as A~terial ~U. S. Route 11 is 4th Street N. E., Commonwealth Avenue N. E., Shenandoah Avenue, Jefferson Street, Salem Avenue, Third Street, Campbell Avenue, 15th, Street, Virginia Avenue, Grandin Road and Auburn Avenue. 'U. S. Route ~11 is South Jefferson Street, Maple Avenue and Franklin Road. "U. S. Route 460 is Lynchburg Avenue N. E., from 4th Street to Tinker Creek. L, l! ~a the designation of Arterial Highways stop signs at every intersecting street traffic signals." it is necessary to put up that is not protected by Mr. Bear moved that Council concur in the report of the City Manager. The motion was seconded by Mx. Winn and unanimously adopted. COMMISSIONER OF REVENUE _A_.~SESS~[ENTS: A letter from the Commissioner of the Revenue transmitting a complete list of all property in the City of Roanoke which was decreased before Council. The City Clerk is directed to refer request that he make proper presentation same, however, be brought before Council 25% or more by the Board of Assessors in their 1934 assessment, was the reports to the City Attorney and before the Equalization Board, and that at its regular meeting on Friday, January 1935, before transmittal to the City Attorney. The Clerk is also directed to acknowledge receipt of the reports to Judge Jo~ M. Hart, and thank him for his prompt submission and complete preparation he has given. The following ordinance having been introduced, read and laid over, was taken up and again read: (~4431) AN ORDINANCE to repeal Resolution No. 4416 passed by Council on the 30th, day of November, 1934, and to authorize the City Manager to employ a License Inspector, and to prescribe his powers and duties in connection with the enforcement of City License Ordinances. ( For full text of Ordinance see Ordinance Book No. 9, page ~j/~ ). Mr. Ninn moved to adopt the Ordinance. The motion was seconded by'~Lr. Powell and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~'inn and the President, Mr. Small--5. NAYS: None ...... 0. ~!~r. Comer offered the following resolution: (#4432) A RESOLUTION to fix the compensation for the Board of EQualization and its Clerk. BE IT RESOLVED by the Council of the City of Roanoke that the compensation fo~ the Board of Equalization be, and the same is hereby fixed at $10.00 per day for such time as said Board actually serves, not to exceed 180 man-days, or sixty unit days. BE IT FURTHER RESOLVED that the salary of the Clerk of said Board be, _~n_d is hereby fixed at $100.00 per month, for such time as the Clerk actually serves, not to exceed a period of six months. ~tr. Comer moved to adopt the resolution. The motion ~as duly seconded by 5~. Powell, and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, WiBn and the President, Mr. Small --5. NAYS: None ..... 0. RECLAIMING TAX~:S A~RPORT: Mr. Bear called to the attention of Council Section ES~E-C of the Code with reference to reclaiming taxes paid the County on property ~wmed for municipal purposes, having in mind taxes paid on the Airport property. The City Clerk is directed ~nd report to Council whether or not the City has a claim for taxes to request the City Attorney to examine this Section ly with reference to taxes paid for 1934. The City Attorney is also directed paid, particular' to give his opinion as to taxes paid on the Shank Mill property for 1934, and subsequent years. 169 170 STREET IMPROVEME~TS: Mrs. L. P. Gross and M~s. M. L. Key appeared before Council and presented a petition signed by twenty-seven property owners on Morrill ,,Ayenue S. E., requesting that the City appropriate funds sufficient to open Morrill ~Avenue into Ninth Street. The President, t~. ,~,11, stated that with this work if it can be done with reasonable the City is willing to go ahead damage payments by the City, but ~.that Owners are asking for other property up this street. the delay in undertaking this work has been due to the fact that some property damages, but with the exception of two or three owners, the owners are agreeable to contributing whatever rights-of-way to open If the owners on Morrill Avenue will consent to the necessary re- taining walls, or other Eork to restore their property, the city will go ahead with ~that work, but in addition to placing retaining walls, and doing other work, the City is expected to pay d~mages. If the property owners will consent to waive their then in all probability-the City vlill be able to go ahead with rights as to damages, the work, and in the meantime Council will be able to give some definite advice in the matter on :,,ionday or Tuesday of the coming week. RETAIL idERCNANTS' LICENSE TAX: Th~ question of uniform method of keeping records for license purposes by the retail merchants was brought before Council by i~. Comer, and the Clerk is directed to write the Retail l~.~erchants and advise ~r. Le~_on, the Secretary, at the suggestion of Council, that he confer with Judge Hart, and work out some agreeable plan of keeping the Co~,~ ssioner of the Revenue, I! for tax purposes. TRAVELF~RS ~D: The City lZanager is directed to confer with the Norfolk and ~jestern Railway, the Bus people, and the Virginian Railway, with the advice that Cotuucil e~oDects to cut out the appropriation for the Travelers Aid effective July 1st, 1935, with a view oL having the transportation companies support this orga~i- zation. JUVENILE HOME: The City Clerk is directed to v~ite the City Auditor, and say at the direction of Council all future warrants for board of inmates at the juvenile Home shall be made at the rate of sixty cents per day, of three meals, per inmate, effective january 1st, 1935, upon certification of board bill by Mrs. Jeffries, woman probation officer. There being no further business, Council adjourned to meet at 2:00 o'clock p. m., b~onday, January 31st, 1934, for consideration and adoption of the Budget. ~PPROVED Pr esi dent COUNCIL, ADJOUHNED MEETING, Monday, December, 31, 1934. The Council of the City of Roanoke met in adjourned regular meeting in the Council Room in the Municipal Building, Monday, December 31, 1934, at 2:00 o'clock p. m., for consideration and adoption of the Budget for the first six months of 1935. PRESENT: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small--5. ABSKNT: None ..... 0. The President, ~r. Small, presiding. OFFICERS PRESAIIT: ~;. P. Hunter, City ~anager. BUDGET: The President stated that 'the adjourned meeting was for consideration and final action u~,on the Budget for last half current fiscal year. This second proof as submitted indicates an uuappropriated surplus as shovm by the estimated income and expenditures of appro:~mately $73,000.00 on the basis of an estimated balance of $475,000.00 at the close of business today, and I recommend that we carry a cash balance of $475,000.00, and reduce the estimate of income to the extent of $60,000.00, reflected by reduction of $50,000.00 for Income from Tax Levy for 1934, reducing the $214,000.00 as now shown to $164,000.00, and a reduction of $10,000.00 in estimated Income from Tax Levy for 1933, reducing the $71,000.00 as now shown to $61,000.00, which v~ill bring the total Estimate Income for last half fiscal year to $698,495.00, which a~ded to the estimate cash balance of $475,000.00, brings total estimate income for last half fiscal year to $1,173 ,495 .00 , against leaving an unappropriated balance of estimated expenses of $1,160,507.17, $12,987 .~3. In further discussion of the Budget, the City Manager reported he had conferre~ with Dr. Ransone of the Health Department with reference to school nurse, and had endeavored to confer with DLrs. Kirk of the Visiting Nurses Association without success, and that it was the general opinion ~hat the nurse ~as needed. The City Manager is directed to confer with Mr. Robrbaugh of the 'Social Service Bureau, and ascertain if he can furmish one or more nurses from the "white collar" workers for use in the Schools. Mr. Comer offered the following Ordinance for its first reading: (~4~3~) AN ORDINANCE making appropriations for the first six months ending June 30, 1935. ~tEREAS, in order that the usual daily operations of the City Government may go forward, an emergency is declared to exist and this 0rdin_~Bce shall be in force from its passage. BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City T~easury for the first six months ending June 30, 1935, shall constitute a general fund and as much of the same as may be necessary, be, and the same is hereby appropriated to the following uses and purposes, namely: ( See printed copy of Budget for detail appropriations) Mr. Comer moved to adopt the Ordinance. The motion was duly seconded by Mr. ~inn, and the ~rdinance adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small--5. NAYS: None ..... 0. 17"1 172 Mr. Comer moved that and the same was seconded the second reading of the Ordinance be dispensed with, by htr. Bear, and unanimously adopted° Mr. Comer moved to adopt Ordinance, designated as ~4433. Seconded by Mr. Powell, and adopted by the following vote: appointed The motion was AYES: Messrs. Bear, Comer, NAYS: None ....... 0. RECLASSIFYING BUDGET: The President, Mr. Small, composed of City Manager Hunter, City Auditor Yates, Powell, Ninn and the President, Mr. Small ---5. moved that a Committee be City Clerk James, and a member from Council, and have necessary conferences, with a view of reclassif ing the Budget, so that Departments might be merged and stuck throughout the Budget as it now appears. conc ent rat ed, instead of The motion was seconded by h~. Ninn, and unanimously adopted. The Vice-Chairman appointed as member of the committee from Council, the President, iLr. Small. A meeting for consideration of the question referred to is called for Thursday, January 3rd, 1935, at 10:00 o'clock a. m. SE~ER CONNECTION: The City Manager brought before Council a request from Mrs. Betty Hankins, 121 Massachusetts Avenue, Villa Heights, known as Lot 8, Blk. 17, which property is in the County, for permission to coB~ect up with the City Sewer, at a charge of $50.00. ~f .~r. Comer offered the following resolution: (~4434) A RESOLUTION to permit Mrs. Betty Hankins, 121 Massachusetts Avenue, whose property is known as Lot 8, Blk. 17, Villa Heights, which is outside of the City Limits, to connect a sewer to accommodate her property into the City Sewer. ( For full.text of Resolution see Ordinance Book No. 8, page ~). Comer moved to adopt the resolution. The motion was duly seconded, and resolutioa adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Ninn and the President, !,2. Small ---5. NAYS: None ...... O. ANNU~T. REPORT FOR NEWSPAPER: The City Manager brought before Council a request from Mr. Smith, of The ~orld-News, for copy of his last six months, report for 1934, as usually contained in the printed Annual Report. There being no objection on the part of Council, the City Manager is authorized to furnish copy of report requested. APPROVED President C0b~CIL, REGULAR MEETING, Friday, January 11, 1935. The Council of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building, Friday January ll, 193~, at 3 o'clock p. m. PRESENT: Messrs. Bear, Comer, Powell, ¥~inn and the President, '~r. Small --5. ABSENT: None ..... 0. The President, Mr. Small, presiding. OFFICERS PRESENT: ~. P. Hunter, City Lianager. iJINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as read. PETITIONS AND COMi~JNICATIONS: INSTRUCTIVE VISITING NURSES' ASSOCIATION: Mrs. T. Allen Kirk, together with Dr. ~,'. P. Jackson, Dr. Ransone and others, appeared before Council, and asked that Council reconsider its action and restore the $1,200.00 appropriated to the Associa- tion's Budget,originally reduced that s~ount for the first six months of 1935. Mrs. Kirk stated to Council that it would be impossible to carry on the work the Associa- tion is now undertaking with the reduced budget, but there was a possibility that they might be able to carry on by eliminating the nursing work in connection with tuberculosis cases, and the distribution of free milk. During the lengthy discussion, the President, ~lr. g.E~ll, stated that Council felt it necessary to make reductions in its appropriations in order that the Budget !might be balanced, and even with the reduction of $1,200.00 from the Instructive Visiting Nurses, Association and Dispensary, the appropriation to this organization had been increased more than 50~; that he wished to say to the delegation that Coun- cil is very glad to have had the working of the organization presented to Council, and that every possible consideration will be given to the request, but he did not know where Council would find the money to meet all these requests. Later in the meeting when a letter from the Association on the same subject was read before Council, the Clerk was directed to acknowledge receipt of s~e, and say that the Question of additional funds was discussed before Council, and before Ooun- cil reaches any final decision in the matter it desires to have a conference with ~r. Rohrbaugh, Social Service Director, which Council expects to do on Friday, ~anuary 18th, after which Council will be prepared to give final action. SOCIAL SERVICE BUREAU: The City Clerk is directed to ask Mr. Roh~baugh, Social ervice Director, to appear before Council on Friday, January 18th, for the purpose of discussing the practicability of transferring sufficient funds from Organized :harities to the Roanoke Visiting Nurses' Association and Dispensary to enable them carry on with their present program. REFUND OF T~YES: John Evans, appeared before Council and asked that he be granted a refund of taxes on property acquired by the City under condemnation pro- :eedings. The Question is referred to the City Manager for investigation and report ~ack to Council. 174 T. S. ~RIGHT: T. S. Wright, owner of blocks 5, 6, and 7, T. $. ~right Map, lloeated on the north side of Tayloe Street S. E., appeared before Council and asked Ithat this property be changed from Residence District, as now shown on the Zoning ;Map, · eliminate the $5.00 fee required for this purpose. to Business property, and as he is the owner of the entire blocks would like Council to make this change without the usual procedure of advertising, also to The City Clerk is directed to prepare the proper notice for publication in accordance with the Zoning Ordinance to change the property in question from Residence District to Business property. STREET NIDI~ING: The question of widening 13th Street by property donated the City by T. S. Wright is referred to the City Manager and City Attorney to prepare · the proper deed and map for conveyance. ROANOKE GAS LIGHT COMPANY: ~'. J. McCorkindale, Manager of the Roanoke Gas Light Company, appeared before Council in support of a communication read before the body, attaching copies of proposed rates to be filed with the State Corporation Commission stating he hoped Council would adopt a resolution approving the new rates as subm~t- ted before his company transmitted same to the State Corporation Commission. After a lengthy discussion of the question, and a recess by Council, the City Manager is directed to acknowledge receipt of the communication, sending copy of his letter to the State Corporation Commission. AUTOMOBILE Jb~K YARDS: A communication from H. S. Black, Jr., of the Southern Dairies, was before Council complaining of the automobile junk yard operated by the Virginia Auto Parts Company, located at the corner of Albemarle Avenue and Holiday Street S. E. The question is referred to the City Manager for report and recommendation. ADVERTISING SIGNS IN RESIDENCE DISTRICTS: A communication from the Board of Zoning Appeals, enclosing proposed Ordinance, prohibiting the erection of signs for for advertising purposes in the General Residence District was before Council. The matter is laid over. SOCIA~. SERVICE BUREAU: Communication from T. C. Rohrbaugh, Director of the Social Service Bureau, with reference to VERA Fo~m 211 Revised was before Council. : The City Clerk is directed to acknowledge receipt of the communication, and advise the committee appearing before Council that the wage committee,s recommendati~ has been transmitted to ~r. Smith. G00DNILL INDUSTRY AND GOSPEL MISSION: Communication from S. L. Thomas, Superin- tendent of the Goodwill Industry and Gospel ,Mission, with reference to failure of indigent persons to report for work after being certified to him by the City's Relief Administrator for ,memployables. The City Manager reported that these names were being stricken from the list, and that other names were being certified to Mr. Thomas to replace the names remove~ from the Relief Rolls. ~ PARENT TEACh' ASSOCIATION: A letter from Mrs. Frances S. ~omack, President of Parent-Teacher Association, expressing the appreciation and thanks of her association for Council's action in making an appropriation for the Free Milk Fund. Mr. Bear suggested the letter "ought to be fram_ed". The communication is filed. i~ S~,E OF PROPERTY: A communication from E. F. Jamison & Company offering for ~sale to the city three acres of la~d located at the west end of the Airport Runway, now owned by Mr. John Snider was before Council. II Jamtson Airport The Clerk is directed to acknowledge receipt of the that the City is not interested ia acquiring any purposes. SCHOOL BOARD NURSE: Communication from the Roanoke City School Board, that some provision be made to provide the letter, advising Mr. ~ additional property for asking School Board with the services of a school nurse, previously before Council, was laid over, until after the Director of ,,~ the 'Social Service Bu2eau has appeared before Council on Friday, January 18th, in oonnection with the Roanoke Instructive Visiting Question referred to elsewhere in the minutes. · HIGHLAND PARK: A petition, headed by the Nurses, Association and Dispensary Alleghaney Garden Club, asking that all driveways in Highland Park be closed to traffic, was before Council. petition is laid over for consideration at a later date. The CROSS-OVER: A request from D. ~,~. Taylor, President of the Ponce de Leon Hotel, Inc., making application for a granolithlic cross-over to accorm~_~_odate the property of the Ponce de Leon Hotel Corporation, Inc., 206 Second Street S. W., was before 3ouncil, the City Manager recommending that the permit be granted. It was moved and seconded that the recommendation of the City 4~aneger be concurred in, and the follow- ing resolution offered: (~44351A RESOLUTION granting a permit to the Ponce de Leon Hotel, Inc., #206 ~econd Street S. W., to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. Mr_. Bear moved to adopt the resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, 8, Page ~~-). The motion was seconded by Mr. Powell Powell, ~'inn and the President, l. Lr. Small ---0. NAYS: None ..... 0. REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager presented reports of work accomplish- and expenditures for weeks ending December 27, 1934 and January 3, 1935. The ~ame are filed. REPORTS OF C0~.~T TTEES: AIHPORT C0~.~.Fn~TTEE: Mr. James A. Bear, Chairman of the Airport Committee, report- that conferences and investigation of his Committee indicated that Messrs. Reynolds ~nd Lemon now o~ed the City for rent on the ~rport $1,995.00, as of January 8, 1935, md that the present operators woulu possibly be able to pay the rental of $75.00 ~er month, as evidenced by two recent payments of $75.00, sud that the City was now 'eceiving SP~.00 per month from the American Airways for landing at the Municipal ~irport; that by law the City is required to carry the insurance on the ~_~_rport, ~hich will amount to $2Z5.25 per year; and that the Airport Committee is inclined to :lose a contract with Messrs. Reynolds and Lemon for leasing the Airport, with the ,rovisions that the City take a deed of trus~ for the $1,995.00, with interest at Der annum, and that agreement be submitted to Council before approval. Mr. Bear offered the following resolution: (#4436) A RESOLUTION to execute contract with Frank Reynolds and Clayton Lemon ~or one year beginning January 1, 1935, for leasing the Roanoke Municipal _A~rport. BE IT RESOLVED by the Cou_ncil of the City of Roanoke that the Mayor of the City ~f Roanoke and the City Clerk be, and they are hereby directed to execute on behalf ~f the City, a contract with Frank Reynolds and Clayton Lemon 'granting to said Frank 17.5 ,176 ~eynolds and Clayton Lemon a license to operate the Municipal Airport.. BE IT FURTHER RESOLVED that said contract shall run from one year from January 1955, with a rental rate ~f $?5.00 per month. BE IT FURTHER RESOLVED that the City of Roanoke take out the necessary liabilit 'insurance for a period of one year. ~ BE IT FURTHER RE~OLVED that the City of Roanoke execute a Deed of Trust from Messrs. Reynolds and Lemon for $1,095.00, at interest rate of 3% per annum. Said contract to be submitted to Council before approved. Mr. Bear moved to adopt the resolution. The motion was duly seconded by Mr. Ninn, and adopted by the following vote: AYES: ~lessrs. Bear, Comer, Powell, ~inn and the President, Mr. Small ---5. NAYS: None ..... O. Resolution directing the City Treasurer to deduct from the amount due by the City to officers and employees and to any person, firm or corporation as salary, ~ages, ~ork or o~her compensation, the amount of ~axes in arrears to the City", was before Council, and the same is referred to ~he City Attorney to advise whether or not the sane should be adopted in the form of a Resolution or an Ordinance, snd ~hether or not it is ~ithin the power of Council to adopt such a Resolution or Ordinance. ~JNFINiSHED BUSINESS: None. CONSIDERATION OF CLA~JS: None. INTRODUCTION AND CONSIDE~ATION OF OPJ)INANCES AND RESOLUTIONS: Mr. Bear offered the following resolution: (~4437) A ~$OLUTION to refund S. C. Broadwater $3.38 for taxes paid on build- lng razed. WHERF~S, S. C. Broadwater is the o~Mner of lot 9, Block 14, Nasena, upon which is situated certain buildings, and ~JH~REAS, S. C. Broad~ater razed a portion of one of the buildings 14 x 15 feet of a value for the purpose of taxation, amounting to $180.00, said building having be,~n ~orn down March 1, 1933, and WHEREAS, the said S. C. Broadwater is entitled to a refund: THEREFORE, BE IT RESOLVED by the Council of the oity of Roanoke that said refund be ~de, aBd the City Auditor be, and is hereby directed to dra~ a ~arrant ~for $~.38, payable to S. C. Broadwater to cover refund of taxes on building razed. Mr, Bear moved to adopt the resolution. The motion was duly seconded by M~. Ninn, and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President, Mr. Small ..... b. NAYS: None ..... 0. Bear offered the following resolution: (#4438) A RESOLUTION to refund the City Treasurer $2.00 for taxes collected in error, L. W. Dedaker and Elizabeth Dedaker being one and the same person. ~H~REAS, ...... it no~ develops that the head tax tickets in the name of L. W. Dedaker and Elizabeth Dedaker, 715 Tenth Avenue S. E., being one and the same person, and · having been double assessed. ~n~R~.FORE, B~ IT RESOLVED by the Council of the City of Roanoke that the City ~., :'Auditor be, and he is hereby directed to draw a warrant payable to C. R. Kennett, ,':City Treasurer, for $2.00, covering double assessment for the years 1932 and 1933. Mr. Bear moved to adopt the Resolution· 'I~e motion was duly seconded by ~. Powell, and the Resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President, ~,~. Small ---5. NAYS: None ..... 0. MOTIONS ~ID MISCELL~EOUS BUSINESS: AUDITOR OF PUBLIC ACCOUNTS: The President, !,Lt. Small, brought before Council the question of paMaent of two bills, $527.41 and $210.70, totaling $738.11, here- tofore before Council, and laid over, for e~penses incurred in auditing the accounts and records of the City of Roanoke under the supervision of the Auditor of Public Ac count s. The President stated that he had been in confez'ence with i,[r. L. McCarthy Downs, Auditor of ~'ublic Accounts, and that after a somewhat lengthy discussion of the matter, Z[r. Downs had said he thought if the City of Roanoke would nmke a token payment of one third of these t~o items and send same to him with a letter, he migh~ be able to persuade the Governor to charge the residue to the State Auditor,s Expense, and with the permission of Council he proposed sending the following letter to ~'~. Downs, Auditor of Public Accounts: "Referring to your letter of December 19, 1934, attaching uills for services of your auditors incident to 19~4 audit of certain constitutional officers of the City of Roanoke, with respect to both State and City funds. "The cost of this audit for the City of Roanoke exceeded $14,000.00, and Council by resolution, approved today, has authorized payment of 33 1/~ of the two bills submitted ~hich are in the aggregate sum of 0738.11, and has directed that this voucher, a.mounting to $246.03, be forwarded you with request that the residue be cancelled in view of the fact that a sizable amount of the City's erpense in this audit dealt with State funds, and we respectfully submit at least this part of the State audit cost might well be assumed in view of the fact that it was in the interest and benefit of the Cor~onwealth." ~,~r. Powell then offered the following Resolution: (~4439) A RESOLUTION directing the City Auditor to dra~ a warrant for ~246.03, ~n favor of L. McCarthy Downs, ~uditor of Public ~ccounts for complete and final ~ettlement of two bills from th~ state of Virginia; viz: July l, 1934, for $527.41, ~nd Seot~.nbe_ l, 1934 for ~210 70, total 5738 ll i~'H~, the President of the Council of the City of Roanoke, and the Auditor )f Public Accounts of the State of Virginia, have by conference agreed that should the City of Roanoke make a token payment of ~246.03, said amount being one-third of ~he total amount of two bills from the State of Virginia; viz, July l, 1934 for .527.41, and September l, 19~4 for $210.V0, aggregating .$~58.11, representing ex- ,enses incurred in auditing the accounts and records of the City of Roanoke, that ~he State of Virginia will bear the residue, or an amount aggregating ~492.08, ~n.'.n~'.~O~L~, BE IT ~SOLVED by the Council of the City of Roanoke that the City hiditor be, and he is hereby directed to draw a warrant payable to L. McCarthy )owns, Auditor of Public Accounts for $246.03 fo:- complete and final settlement of bills from the State of Virginia, 1934 for $210.70. viz, July 1, 19~ for ~527.~1, and September Bi] iT ~,' ' '"'~ ~ ~ ~ ~URT~ RESCLV~:D that an appropriation be made for ~246.03 for Special .udits, cover-,no amount of said warrant. idr. Powell moved to adopt the Resolution The mo..on was duly seconded by Bear, and the ::,esolution adopted by the following vote: ~o: i[.ess~-s Bear, Comer, i~owell, Uinn and the ~resident, i.~ ~.._~l -~ None ..... 0. Reports from '~om?~ssioner of ~evenue 177 178 showing decrease of 25~ or moro made by Board of Assessors in 1934 assessments was again before Council. Tho President suggested that at a convenient time a Speoial ,Meeting of Counoil would be called 1~o confer with the Equalization Board in order ~ that a statement might be n'.~de to the Board with a view of considering items in .:question to bril~ about eqtualization of the reductions. TRAFFIC LiGI~S: The Question of turning off traffic lights on Jefferson 'i~trcet du~,ing busy hours and using traffic policemen instead vms ogain before ~Council, and the City l.~anager advised that his investment~_o~.on indicated that it would not be ~ractical to control the lights from a master switch, but ~ould have to be d'~ne as individual units, the cost being a~p~oximately $7.50 Der light. BONDo C~~ ~DLOY~: The i resident, L%~. called to the attention of .. *' i~age 53 of the Chartez-, with reference to Bonds for officers an Council :ec~._on 60, employees, it being the duty of Council to fix the ~.~ount of bond for officers and emloloyees, callir~g attention to the Deputy Treasurer who has not been bonded, ask- ~ t.a,,e some action in the matter. hat The Question is referred to a Co=~ittee composed of idessrs. Winn, Beam, and The ~.'~' ,= - ught · '~ ...... ~i' ~ ' " ~:.~ Question aun~ ,.r. Small bro hero.- e Counc~i "~ '~ of '- ..~~ ~ =o'~' -- ' el,_~e ~ociety, and stated that i.h'. ~ bal:~ce in the ~'--~'~" of th~- _~_,~i~ ', ~"'~ Ot eihenson ha& ..... +=- o ..... ~ sua. geo~.d ~+- this amount be %-ithheld for the r:urvose of making iayments at the rate of $35.00 per month to glrs. Eeid, a ~crker in t?~ Society tmti ..... C ~ t such time as ar, a,,~:.emen,s as discussed by the President and ~. Stephenson can be consummated. ~,~ no ~boection on the ~art of Council, the fresident is instructed to advise i.]r. Stei~henson of the action taken. SCii00L B0~RD i,~]JRSE: The City Manager re~,orted that he had conferred ~ith the Social Service Btu-eau with reference to furnishing one or more nurses from "l'a~ite Collar" workers for use in schools, and had been advised that this could not be done. · RADIO FOR POLICE CARS: The City Manager reported that he and Mr. Bear had been v;orking on the Radio l'or Police Cars, and that some progress had been made. CITY PATIO;TS: The City Manager reported that he had conferred with the City Physician with reference to curtailing cost of treatment of patients at the hospi- tals, and asked that he keep this cost down as much as possible. STEEL SPANS: The City Manager reported that he had again taken up with Vinton authorities the question of using one of the Steel Spans across Tinker Creek for opening up a street, a.~4 had been advised that Vinton had disbanded the idea due to the excessive cost entailed; and that he had heard nothing further from the State Highway Department ~ith reference to purchasing these spans. TRAVELERS AID: The City Manager reported he had been unable to contact officis of the N. & iJ. Railway, Virginian Railway and the Bus peo].~le with reference to sharing in the expense of finaucing the Travelers Aid; that he had ~ritten letters regarding the subject, and hoped to be able to report his findings at the next "meeting of Council on Friday, January 18th. BUDGET: The President, Mr Small, brought to the attentioa of Council the 'Budget for the first half of 1935, calling attention to the reclassification as IS worked out by the Committee appointed by Council at its last meeting composed of ~essrs. Small, Hunter, Yates and James, stating that while the reclassification was not by any means perfect, it was the consensus of opinion that the work done shows some improvement, and should be the basis of a better classified Budget for 1936. DELINQUENT TAX BUREAU: The President brought before Council the question of appointment of an Administrative Officer in charge of t~ Delinquent Tax Department, as authorized by Council in Ordinance No. 4380, adopted Noven~ber 2, 19~. After a discussion of the qUestion the members of Council being divided as to ~hether or not the appointment should be postponed until the next meeting of Council )r the appointment made at this time, Council recessed. After the recess the ?resident stated that under the provisions of Ordinance No. 4580, adopted Novenber , 1934, creating the Department of Delinquent Tax Collectors and the appointment i' an Administrative Officer thereof, called for nomination of a Delinquent Tax :ollector. L~r. Ninn placed in nomination the name of ~.~. J. Sc~'uggs, to serve at ;he pleasure of Council, at a salary of $~,400.00 per annum, payable at the rate of .~00.00 per month, in semi-monthly installments,effective January 15, 19~5, plus a ~ bonus of gross amount collected by the Department, and Dhat a blanket bond of $25,000.00 be furnished by the nominee, surety to be approved by the Council, and that pre~.um on said bond be paid by officer aDpointed. The nomination YJas duly seconded by k~. Comer. There bein~ no further nomina- tions . ~. J. Scruggs was elected Delinquent Tax Collector for the City o~~ Eoanoke to serve at the pleasure of Council by the follo~.ing vote: AYES: ~essrs. Bear, Comer, Po~ell, ~'inn and the President, ~ir. Small ---5. NAYS: Hone ..... 0. The City Clerk is directed to request the Belinquent Tax Collector to appear ~efore Council at B:~0 p. m., Friday, January 18, 19Z5, to discuss the question of £nstallment payment of taxes, and other matters of procedure on ~hich Council ~ishes ~o give instructions, such as personnel, salaries, etc. The City ~anager is directed to make a survey of the ~unicipal Building, and isubmit to Council such recommendation he wishes covering space for the Delin~ent Eax Department, which preferably should be located on the Third floor as close to the Clerk of the Courts as possible. There being no further business, Council adjourned. APPROVED Clerk/ Pre si dent 179 180 00UNOIL, REGULAR ~'~EETING, Friday, ~anuary 18, I~. The 0ouncil of the City of Roanoke met in regular meeting in the Council Room in the Municipal Building, Friday, January 18, 1935, at 3:00 o, clock p. m., after a conference with I~. J. Scruggs, Delinquent Tax Collector, in the ~ayor's office, called at 2:30 o,clock p. m. PRES~';T: Liessrs. Bear, Comer, Powell, Winn aad the President, ~.Lr. Small ---5. ABSENT: Hone ..... 0. The President, ;.J.~'. S~mall, presiding. OFFICERS PRES~,~T: W. P. Hunter, City ~,~anager. DELIN,LU~IT T~X DEPA~.T~.~i.T: _~.:. J. Scruggs, Delinquent Tax Collector, and R. J. Watson, Cle~'k of the Court, appeared before Council at the invitation of the body, for discussion of properly settingo up the Delinquent Tax Department, specially with reference to proper procedure of transferring delinquent taxes from the Clerk of the Court's office to the Delinquent Tax Department, ~;~. Watson being of the opinior that his office could not release tl~e taxes co:.~pletely under the present ~ct of tDe Legislature, but that he is ~illing to cooperate and help work out a plan for the bes~ interest of ~he City, with due protection fro~ an accounting standpoint for al] concerned. ~fter a lengthy discussion of the question, and a recess by Council, the President stated that it v~as the judgment of Council that the first step in the development of operation would be the method of mecha~Lfcs of accounting so far as the relationship between the Delinquent Tax Department, the City's Auditor's Office and the Clerk of the Court's Office, and that he was going to ask that the Clerk of the Court, Russell J. ~jatson, Harry R. Yates, City Auditor, !~. J. Scruggs, Delinque~ Tax Collector, ~ith the Committee supp]~emented by P. H. Tucker, Purchasing Agent, as Chairman, and request that the Co_w~n_ ittee meet, and that the Chairman bring back to Council the most affective method for putting into effect the operation of the Delinquent Tax Department, the necessary equipment as to card index system, etc., ~ and then if it seems necessary Co~cil ~may direct the Delinquent Tax Collector to make enother trip to Norfolk to gather additional informatio~ as to the ot~ ration of the Department in that city. INSANE: City Sergeant, H. E. Mayhew, appeared before Council and presented ~a lstter from Dr. J. S. DeJarnette, Superintendent of the Western State Hospital, ~.iaddressed to Judge W. J. !ustin, with reference to controversy in coBnection with ~Justice of the Peace or Trial Justice signing cormni~ment papers etc. I.~r. Comer moved that the letter and papers from Dr. DeJarnett under date of January l?th, be refer~ed to the City Attorney for such action as he sees fit to lake. The motion was duly seconded by .Mr. Bear and unanimously adopted. L~INUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as read. . PETITIONS A!~rD C G~XY~KiCATIONS: TUBERCLrLOSIS A3SOCIATION: A c_~munication frGn the Roanoke Tuberculosis for lunacy, inebriat t es, Association, under invitation to be present at 1935, at B:O0 o'clock p. m., Council. The City Clerk is Council appreciates tend the meeting. date of January 18th, extending to the members of Council an the annual meeting of the Association on January 24, in the Auditorium of the Y. N. C. A., was before directed to the aclmowledge receipt of the letter, and say that invitation and as many members as can will endeavor to at- January 12th, DELINQUENT TAXES: A communication dated from M. W. Turner of the. Dixie Finance & Loan Corporation, was before Council, suggesting that delinquent taxes and special assessments on Sewer and Sidewalks be remitted by Council. The Clerk is directed to furnish the Delinquent Tax Department copy of letter, and in acknowledging receipt of same, say that Council will give this particular matter consideration in formulating policies for the collection of delinquent taxes. INSTRUCTIVE VISITING NURSES' ASSOCIATION: A letter under date of January 16, 1935, signed by a committee from the Roanoke Academy of l.,iedicine, supporting the request of the Instructive Visiting Nurses' Association for additional funds to carry on their work, was before Council. The President, Mr. Small, stated that he had been in conference with the Director of the ~ocial ~ervice Bureau in connection with the question of transfer- ring certain funds appropriated to the Social Service Bureau to the Instructive Visitin~ Nurses' Association, and that the Question v~ould have to be referred to the Virginia Emergency Relief Administrator at Richmond, Virginia. Later ~.~r. T. C. Rohrbaugh, the Social Service Director, appeared before Council and was directed to contact by telephone LLr. V~illiam A. Smith, ASmlnistrator in Richmond, and ascertain if it vJould be permissible to transfer $500.00 per month for the months of February and March, or a total of $1,000.00 from the funds ap- propriated to The Emergency Relief m-ithout affecting the contribution made by the Federal Govermment to Relief in Roanoke. Jb~IOR LEAGUE: Copy of letter under date of January 14, 1935, signed by L~iss Helen Taylor. Director Eothers' Aid, and addressed to l~s. James Izard, Roanoke, Virginia, askimg that the League go before Council and ask for certain appropriations for ~iothers' Aid in the City of Roanoke, the a~ount suggested being $420.00. The letter is filed awaiting developments before Council takes any action in the matter. BEPORTS OF OFFICERS: Rk~W0RT OF TM_E CITY MANAGER: The City Manager presented report of ~ork ac- complished and expenditures for week ending January 10, 1935. The same is filed. AIRPORT: The City Attorney presented in -m~riting ~o the City Council b~s opinion as to refund of taxes on Municipal Airport heretofore paid, and also on the Shank Mill property, it being his opinion that no taxes are recoverable on the ~ Shank ~.iill property, but that the City should be able to recover taxes paid om the Airport, and that the property should be exempt as to assessment for future taxes, and in order to carry out the purport uBder the law, the City may file its petition any time within two years and ask the Court to correct the assessment and declare the property exempt. Mr. Comer moved that the City Attorney be directed to follow up the matter immediately by filing the necessary papers in Court. The motion was duly seconded and unanimous ly adopted. 181 AND RERATES: The 0ity Attorney presented sn opinion with reference to refund of taxes requested by B. N. Phelps on property located at ~515 Norfolk Ave- hue S. ~., giving as his opinion that the Council has no power or authority to grant a refund in this matter. The City Attorney is directed to advise Mr. Phelps that the City Council is without power in granting a refund of taxes on property referred to, sending copy of his communication to the Commissioner of Revenue. REPORT OF COMMITTEES: RADIO FOR POLICE CARS: The Committee composed of !,~essrs. Bear and Hunter on Radio for Police Cars presented the following report: "The Committee appointed by the City Council for investigating and making arrangements for a Police Radio System for Roanoke inspected the System in Washington D. C., on January 15, 1935. Lieutenant Jas. Kelly, who has charge of the Washington Police Radio discussed with us very thoroughly the installation and operation of their equipment and we were very much impressed with the ~uicknes~ of calls made and th~ r~p~In~ ~ of police s~outinc and cruise cars to headquarters. "~nile we were in Washington we visited the Office of the Federal communication Comm~ssion amd discussed with Major ~hite the type of license that the City of Roanoke must secure and other matters pertaining to the insta~]~.ation of a Police 'Radio System for Roanoke. "Ne inspected the Police Radio System in Richmond on January 16, 1935, Chief Jordon of the Richmond Police Department and Captain Wright of the Detective Department gave us sc~e very valuable information as to the operation and the in- creased efficiency of the Department by the reason of the installation of this Radio System. The Richmond Station ~as installed last September and it is their opinion that is has very much hastened the ansmering of calls made to the Police Department and it has been the means of a number of quicker arrests after crimes have been committed. They do not find that they are called to answer any more small complaints than they did before the Police Radio System was installed. "Both the Washin~ton and the Richmond Department of Police are very much pleased with their Police Radio System." After a discussion of the report, it was understood that the Committee would in the near future submit a definite report as to cost, etc. UNFINIS~n BUSINESS: None. CONSIDERATION OF CLA]U~AS: REFUNDS AND REBATES: M~r. M. J. Scruggs, Delinquent Tax Collector, presented to Council a bill of $1~.52, representing traveling expenses of trip to Norfolk, Virginia, to obtain certain information in co_n_nection with the DelinQuent Tax Department. · Mr. Comer offered the following resolution: RESOLUTION to pay the traveling expenses of ~. ~. Scruggs to Norfolk, Virginia, incurred in obtaining certain information. WHERF~, 2~. J. Scruggs, DelinQuent Tax Collector of the City of Roanoke, Virginia, visited Norfolk, Virginia, for the purpose of acquiring certain informa- tion pertaining to Delinquent Taxes desired for the DelinQuent Tax Department, and ~ is due payment for expenses incurred on said trip. THF~RE, BE IT RESOLVED by the Council of the City of Roanoke, that the City Auditor be, and he is hereby directed to draw a warrant payable to M. J. Scruggs, Delinquent Tax Collector, for $1A.~E, to cover said expenses. Mr. Comer moved to adopt the Resolution. The motion was duly seconded by Mr. Powell, and the Resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Ninnand the President, Mr. Small---~. NAYS: None ...... O. Raleigh Court, WHEREAS, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Hr. l~inn offered the following resolution: (~.~.i0) A RESOLUTION directing the City Auditor to 4raw a warrant Fannie H. payable to Burchfield, owner of Lot 25, and the S. 45' of Lot 26, Block 2, for $215.19, covering refund of taxes. it appears that Mrs. Fannie H. Burchfield has asked for a refund of overpayment of taxes, and that the City Clerk has checked all taxes against said ]~roperty, and finds that no taxes are now due the City of Roanoke by ILrs. Fannie H. Burchfiel d, and that $215.19 was paid to J. H. Frantz, former Treasurer, during the' year 1931, as partial payments on taxes then due, and that said amount now represents an overpayment. THEREFORE, BE IT RESOLVED by the Council of the City of Hoanoke, Virginia, that the City Auditor be, and he is hereby direvted to draw a warrant in the sum of $213.19, payable to Mrs. Fannie H. Burchfield, covering refund of taxes paid J. H. Frantz, former Treasurer. Said amount when paid to be charged to the proper account. Mr. ~iinn moved to adopt the resolution. The motion was duly seconded by Mr. Bear, and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, '~,inn and the President, Mr. Small ..... 5. NAYS: None ..... 0. Mr. Bear offered the following resolution: (~dZidl) A RESOLUTION to pay C. S. McNulty compensation for extra work done in codifying City ordinances. V~tEREAS, the said C. S. McNulty is allowed three days per week by VERA, and has worked additional time to keep sufficient work ahead for his assistants, typists, etc., furnished him under the "White Collar" project in codifying City ordinances, and WHEREAS, the City Manager has recommended that i.f~. McNulty be paid for one day per week at'the rate of $10.00 per day, beginning with the week ~:riday, December 14, 1934, until January 17, 1955. THEREFORE, BE IT RESOLVED' by the Council of the City of Ro_~noke that the City Auditor, be, and he is hereby directed to draw a warrant payable to C. S. McNulty for $50.00, compensation for extra work done in codifying .City ordinances. Mr. Bear moved to adopt the resolution. The motion was duly seconded by Mr. Ninn, and the resolution adopted by the following vote: Comer, Powell, Winn sBd the President, Mr. Small .... 5. AYES: Messrs. Bear, NAYS: None ...... O. MERCHAiITS LICENSE TA~_: A letter u_uder date Merchants' Associatiom, Council amend Ordinance of January 12, 193~, from the Retail signed by eight members of the Association, asking that No. 4409 to permit merchants doing a wholesale and retail business to elect to do such wholesale business under retailer's license by paying license taxes as a retailer on both retail business and wholesale business. After a discussion of the Question, Mr. Bear the same to be an emergency ordinance: offered the following ordinance, (~4445~ AN ORDINANCE to amend and reordain Ordinance No. 4409 adopted by the Council of the City of Roanoke on the 30th, day of November 1934, entitled, "As Ordinance governing amd fixing license taxes to be paid by Retail and Wholesale 183 184 Merchants in the City of Roanoke." ~HEREAS, in order that the revenue of the City may be levied and collected, an emergency is hereby set forth and declared to exist, and this 0rdinanee shall be in force from its ~aseage. iBE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. '4409, iadopted by the Cou_~cil of the City of Roanoke on the 30th, day of November, 19~4, land the same is hereby amended and reordained so as to read as follows: ( Original Ordinance !following paragraph}. No. 4409 is a part of this Ordinance, together with the "Any person, firm or corporation, who, or which, is a wholesale merchant and a retail merchant, is hereby required to obtain both classes of licenses; provided, however, that any retail merchant who desires to do a wholesale business al~ may elect to do such wholesale business under his retailer's lioens~ by paying llee~ae tax as a retailer, or both as ~etail business and as wholesale business." Mr. Bear moved to adopt the ordinance. The motion was duly seconded by Mr. Comer and the Ordinance acopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn and the President, Mr. Small ---5. NAYS: None ....... 0. D~.INQUENT TAXES: The City Attorney presented to the Council his opinion as to the validity of the Council of the City of Roanoke to adopt an Ordinance or resolut to direct the City Treasurer to deduct from the amount due by the City to officers and employees and to any person, firm or corporation as salary, wages, work or other compensation the amount of taxes delinquent to the City, and gave as his opinion that an Ordinance could be properly adopted. The President, i,'.~. Small, offered the following Ordinance for its first read- ing: (~I1441 AN ORDINANCE directing the City Treasurer to deduct from the amo_u~t due by the City to officers and employees and to any person, firm or corporation as salary, wages, work or other compensation, the amount of taxes in arrears to the City. BE IT ORDAINED_ by the Council of the City of Roanoke that in order to facilitat.~ the collection of taxes in arrears to the City, provide funds to meet urgent re- Quirements of the public service and the pr~notion of the general welfare of the City and its inhabitants, the City Treasurer is hereby directed, frc~ the ~mount ~due by the City to any officer or employee of the City, or from the amouBt due by :the City of Roanoke to any person, firm or corporation, as payment for salary, wages work or other compensation payable out of City funds by warrant or order upon the iCity Treasurer, character before making such payment, and if the ~.be insufficient to pay the entire amount due t~e City, ilthe tax bill by the amount of said warrant. If any clause, to deduct the amount of City Taxes in arrears of any nature or amount of the such payment or warrant Treasurer shall credit sentence, paragraph or part of this 0~dinance shall for any ~ ~reason be adjuded by any court of competent Jurisdiction to be invalid, such judg- merit shall not effect, :.shall be confined in its operations '~thereof directly involved. '~ The Ordinance is laid over. imtmir or invalidate the remainder of this 0rdt. n-nce, but to the clause, sentence, l~ragraph or part MOTIONS AND MISC~0US BUSINESS: AUDITS T. COLEmaN ANDRE~S & COMPANY: A letter date~ December 1, 1934, from Coleman Andrews & Company with reference to check uD on the system installed in 'the offices of the City Auditor and other departments of the City, including the ISohool Board, the City Treasurer, was read before Council and disousse~. and The City Clerk is directed to furnish the City Treasurer with copy of this report insofar as it deals with his department copy of the report covering recommendations as to setu~ of card system, with the request that the Auditor obtain the cards from Mr. Andrews, office, and use same in and that the City Auditc~r be furnished considering the recommendations of the Committee Delinquent Tax Department. REFUNDS AND REBATES: The City Manager presented a appointed in connection with the diagram showing property John Evans within the City, on which he was asking for a refund of taxes, the proportional part of taxes on property condemned by the City amounted owned by and that to $1.14, but that the City Attorney had ruled that the City Council was without authority to make any refund from the City's ~,Bds, whereupon the President, Mr. Small, suggested that the members of Co~mcil, the City Manager, and City Clerk, which was done, and the City Clerk directed with for said amount, this however, establishing a precedent. City Manager reported to Council his make personal contributions for the $1,14, to pay over same to John Evans, taking receipt the understanding that the action would not be GOODWILL INDUSTRY AND GOSPEL MISSION: The investigation as to ERA workers who were sent to the Goodwill Industry and Gospel fission to chop wood "on shares", showing that only nine of 45 ERA workers had re- cried for work; and that other workers from the City's list of unemployables will brought before Council the Question be reported to the Mission from time to time. PURCHASLNG AGENT: The President, Mr. Small, sf office space for P. H. Tucker, Purchasing Agent. After a discussion of the ~uestiom the City Manager was authorized to assign the Purchasing Agent to the room sn the first fl~or of the Municipal Building used by the Zoning and Planning Board, and that Miss Nita Shilling, Secretary of the Board of Zoning Appeals, be assigned as stenographer for the Purchasing Agent, and that typing she has been doing for the Juvenile and Domestic Relations Court be discontinued by Miss Shilling. Dk~.INQUENT TAX DEPARTMENT: The question of office space for the Delinquent !ax Department was discussed, and it was the g_~neral opinion of Council that the .resent Council room be turned over to the Delinquent Tax Department, and Council .old its meetings in the Circuit Court room on the third floor. CMAU~ER OF C0~,~F. RCE: Mr. Comer brought before Council a verbal invitation from ~he Secretary of the Chamber of Commerce for members of Council to attend the Annual ~eettng of the Chamber of Commerce on Tuesday, January 22, 1935. Mr. Comer stated ~e would obtained tickets for members signifying their ability to attend. CUrB MARKET: Mr. Bear brought before Co-_~cil the Question of additional curb ~arket, and the w~__tter discussed without Council reaching any conclusions or taking my action. PUBLIC HEARING: The City Clerk brought to the attention of Council the adver- tisement of public hearing for changing Blocks 5, 6 and 7, ~orth Side of Tayloe Street S. E., at 2:30 o'clock p. m., ~hat Ordinance previously passed assessing a $5.00 charge Wright Addition, on on February 1st, 1935, and for adve=tising for hear- Scruggs, case. The City Clerk presented to Council the Certificate Collector, showing that same had been Delinquent Tax lng was not applicable in this CERTIFICATE OF ELECTION: ~f election of M. J. 18.5 186 duly certified by the Clerk of the Court, aa of January 15, There bein~ no further business, Council adjourned. 1935. APPROVED Pres ident COUNCIL, SPECIAL MEETING, Saturday, Januar~ lg, 19S5. The Council of the City of Roanoke met in the Municipal Building Saturday, PRESENt: Messrs. Comer, Powell ABSENT: Messrs. Small and Bear .............. 2. The Vice-President, Mr. Comer, presiding. January 19, 19~5, and ~inn .....3. in Special Meeting in the Council Room at 2:30 o'clock p. m. had disallowed certain items under Miscellaneous Expense Commonwealth of Virginia in the same proportion as other the office, and that the special meeting was called to make day limit for filing COMPENSATION BOARD - GOMMISSIONER OF REVENUE: The Vice-President, Mr. Comer stated that it had been brought to the attention of Council that the Compensation Board in making award for expenses of operating the office of the Commissioner of Revenue for the yea~ 1935, properly chargeable to the expenses of operating formal protest to the Compensation Board today, as the thirty protest expires as of this date. Mr. Powell offered the following resolution, the same to be dispatched to the Compensation Board in the form of a telegram: "BE IT RESOLVED by the Council of the City of Roanoke that exception be, and hereby is filed with the Compensation Board to an award msde on December twentieth nineteen hundred and thirty-four for expenses for the office of Commissioner of Revenue of the City of Roanoke insofar as it absolves the Commonwealth of Virginia from payment of one-third of cost of neous and incidentals of said office, Acts of Assembly of nineteen thirty-fou~ repeals Section two nine nine of the Tax Code of Virginia on which the Compensation Board bases its t~sition." Mr. Po~ell moved to adopt the resolution. The motio~ was duly seconded by ~r. Winm,and the resolution adopted by the following vote: AYES: Messrs. Powell, Winn, and the Vice-President, ~. Comer --3. NAYS: Nome ' ....... 0. There being no Council adjourned. stationery, furniture and equipment, miscella- for the reason that Chapter three nine four, further business, A P P R 0 V E D ATTEST: Clerk Presi dent 187 1.88 COUNCIL, REGULAR MEETING, Friday, January 25, 1955. The Council of the City of Roanoke met in regular meeting in the Co:;~cil Room in the Municipal Building Friday, PRESENT: Messrs. Bear, Comer, ~EI~: None ..... O. January 25, 1935, at 3:00 o'clock p. m. Powell, Winn and the President, Mr. Small --5. The President, Mr. Small, presiding. OFFICERS PRESENT: ~. P. Hunter, City Manager. MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as read. HEARING OF CITIZENS UPON PUBLIC MATTERS: HIGHLAND PARK CLOSING DRIVE~AY: L. E. Lookabill, personally appeared before Council, and registered complaint against the petition from the Alleghaney Garden Club to close the driveway in Highland Park, and gave briefly a resume of the landscaping of the Park and the driveways, ~hich was done through the courtesy of the l~ayor of Baltimore at a nominal cost of $690.00. The President, Mr. Small, stated to L~. Lookabill, that before Council takes any final action on the question, consideration will be given to his remarks. PETITIONS AND C 0MMIR~ICATIONS: HIGHLAND PARK CLOSING DRIVE~'AY: A communication under date of January 24, 1938, from R. W. Cutshall, registering complaint to the proposal to close the driveway in Highland Park, was before Council, calling attention to the possible congestion of athletic events held at the the park during traffic on ~alnut Avenue which borders Park. The President, ~Mr. Small, suggested to the City Manager that the Wasena Park be ~used for baseball games ~henever possible, particu_!arly the games participated in to the advisabilmty $ Lee.gue. The City Manager was also requested to give consideration of closing the driveway in Highland Park after 8:00 o,clock at night. The City Clerk is directed to acknowledge receipt of letter from Mr.. Cutshall, and advise that the matter will be given due consideration before any action is ~taken by Co,,ncil. FOR INJURY LILIA EASLEY: A letter from Eugene C. Dickerson, Attorney, advising that his client, Lila Easley had, sometime ago, fallen on a muddy sidewalk, west of the market on Salem Avenue, and broken a leg, was Council make settlement, or m~ake known its refusal to 'setl;le, bring suit. ~ The City Clerk is directed to refer the co~mu~ication to the City Attorney and City ~anager, with acknowledgmeat of -Mr. Dickerson, s letter, that the matter is being given consideration. before Council, asking tha~ in order that he might C0k~PTRoLLER'S R~.~IT~ANCE: A letter ,_~Bder date of January 23rd, from E. R. Combs, Comptroller, Capitation taxes collected also delinquent Capitation forwarded to the Treasurer advising the Mayor that check for $7,202.42, representing one-third of and paid into the Treasury for the tax year 1933, and taxes collected for the tax years 1951 and 1932 was being tn 0f $10.00 per day for six additional days necessary to complete eith authorization for an assistant, was before Council. of the City of Roanoke. The communication is filed. CODIFICATION OF ORDINANCES: A letter from C. S. McNulty outlining work done codification of city ordinances, and asking that Council authorize an expenditure the work, together The communication is referred to the City Clerk, with request he interview Mr. ~ohrbaugh of the Social Service Bureau and ascertain if Federal funds will be availa- ble within the next fifteen Qays to enable us to carry this work on to conclusion, and report back to Council, after which further consideration to Mr. McNulty,s ~omm_unication will be given. INSTRUCTIVE VISITING NURSES A.~SOCIATION: A communication from T. C. Rohrbaugh, ~elief Director, advising the Council that the Question of diverting funds from the lity's E. R. A. appropriation to the Instructive Visiting Nurses Association had been ~aken up with Mr. Smith,s Department in Richmond, and he had been advised by ~mith that "Ne cannot approve diversion of relief appropriation for other purposes", Jut that he'( Mr. Rohrbaugh ) would discuss the matter personally with ~. Smith dur- ing his trip to Richmond over the weekend. The request of the Visiting Nurses Association is therefore held in abeyance ~waiting further advice from ~.dr. Rohrbaugh. ROANOKE TUBERCULOSIS A~SGCIATION: A communication under date of January 2~, 19~5, 'rom i.~r. Arthur B. Richardson, President of the Roanoke Tuberculosis Association, was~ ~efore Council, asking that a member of Council be appointed to serve as a member of' She Board of Directors of the Association, suggesting the name of Mr. PowelI. ~Mr. W. ~,i. Powell is appointed as a member of the Board of Directors of the ~oanoke Tuberculosis Association. SEWER AND STOPd~I DRAIN: A communication dated January 21st, 1935, from A. N. tyers, 10~8 Forest. Park Boulevard asking relief from flood conditions no~ existing in ~the Forest Park Section, and calling attention to petition from property owners ~ubmitted to Council previously. The City Clerk is directed to refer the communication to the City Manager, with equest that the City !~anager reply to ~. Myers' letter, advising him that this is ne of the projects to be included in the City,s submission of ~ork to be done under he ERA after the ~ew setup., and at the same time advise ~ -._.~r. ~,Jyers the cost of cor- coting the condition complained, of. REAL ESTATE: ~ communication under date of January B~rd, from W. T. Brodie, cffering for sale to the City portion of lot on the corner~of E~orrell Avenue and ?th Street S. E., for street improvement was before Council. The City L~anager is requested to confer with ~;r. Brodie as to amo,~t involved, and bring back to Council his report and recom_mendation. STREET P.&RKlirAY: A petition signed by twenty-one property owners, asking that the City Council remove the parkway in the center of the street between J~ison Avenue and Highland Avenue, was before Council. The Question is referred to the City Manager for report and recommendation. EAS~,"~W~ENT FROM NOP~0LK M~D ~;~STERN RAIL~;'AY: A communication from ~¥. P. Wiltsee, Chief Engineer of the Norfolk and B'estern Railway Company, enclosing original deed 189 .190 of easement dated December 27, 19~4, dedicating for street purposes easement of wa~ over property shown on Plam N-14715-A, was before Council. Mr. Bear offered the following resolution: (~4445) A RESOLUTION to accept from the Norfolk and Western Railway Company and others an easement for street pul~oses over a certain strip of land sitUated ii i the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the deed dated.Decem- i bar 27, 1934, between the Norfolk and ~'estern Railway Company, a corporation of !Virginia; Bankers Trust Company, a corporation of New York, Trustee; Fidelity- Yhiladelphia Trust Company, a corporation of Pennsylvania, Trustee; Guaranty Trust Company of ile~: York, Trustee; and the City of Roanoke, a municipal corporation of the State of Virginia, in consideration of $1.00 and other good consideration, dedicating for street purposes an easement over and across the surface of that certain strip or parcel of land, situated in the City of Roanoke, County of Roanoke State of Virginia, bounded and described as follows: BEGIi~ING at a point in the south line of Richmond Avenue extended, said point being N. 73 deg. 35' ~. 670.18 feet ~;est of the southwest corner of RicbJ.~ond Avenue s~ 2lst Street S '; (sometimes called "L" Street); thence along the north line of easement for street granted to tl~e City of Roanoke by the Norfolk and Western RailvJay Company February 10, 1932, S. 49 deg. 10' W. 63 feet to a point; thence by a straight line northeast~'ardly about 70 feet to a point, 7.5 feet south- ~:ardly from the center line of siding and l0 feet ~Jest of the neat line of ~'Jest abutment o!' Bridge 151-A; thence parallel ~ith and 7.5 feet southwardly from said center line of sidin~ eastwardly l0 feet to a point on the neat line of said abutment; thence by a straight line, south- eastr:ardly about 40 feet to the point of beginning, and containing 0.03 of an acre, more or less, or as more clearly sho~n in yellow on Plan N-14715-k, dated November ~7, 1934, hereto attached, made a part hereof, exhibited to the Board ~'Jit~ this resolution and filed with the Secretary of this Company, subject to the conditions and stipulations contaLued in said deed be, and the sa~me is hereby accepted. ldr Bear _moved to adopt ~ae resolution. The motion was duly seconded by i~.Ir Winn, and the resolution adopted by the following vote: ~o: Zessrs. Bear, Comer, Pox';ell, Winn and the President, L~. Small --5. None ..... 0. R~0RT OF 0FFIC~RS: RE~0RT OF ~LE CiTY ~Lif~AG~: The City Manager presented report of ~-ork accom- plished and e~enditures for ~eek ending January 17, 19J5. The same is filed. NOTE R. J. BALDWIN. The City !danager presented red, crt showing curb and gutter construction on 6th Stre'et, 7th Street and Carolina Avenue, South Roanoke, complain ed of by R. J. Baldwin, as bein~'-Z ~properly constructed, and asking that same be corrected, or that credit be applied on note before pays.merit of same. The question is referred back to the City Clerk and City Manager to negotiate .!th ~._r. Bald~in for a sett~ ement of the note in question. F~dILY '"~'-~' ~' ~ '~ -- u~.,~ SOCIE~V: Report from the Family Welfare Society for month of December 193m_, sho~'~ing balance on hand of $91~.08, as of January 1, 19~5, v;as befor~ ~Council. The reDort is filed. ROAi~0KE G~S LIGHT C~P~,._. A report from O. C. Boyer, Engineer of the State 'Corporation Commission, dated January gl, 1¢~0, showir~ results of last gas test; made by the Department, ~Jas before Council. The same is filed. II REPORT OF C~!ITTEES: BONDS FOR ~&PLOYEES: Mr. Bear, Chairwoman of Committee appointed from Council for investigation and recommendation of Bonds for employees, stated that he had asked the City Attorney to give consideration to the whole ~etter, and that as a report' of the committee he was sub~aitt!ng the City Attorney's written opinion in the case, as follows: "At a recent meeting of Council i,~essrs. Winn, Bear and I, vJere appointed members of a Committee for investigation and recommendation of a bond for the Deputy Treasurer of the City of Roanoke. "The City Treasurers are required, by Section 2699, of the Code, at the time they qualify to give, in addition to any bond required by the City under its Charter and ordinances, a bond to secure the State on account of any money received by ~hem payable to the Commonwealth. "Section 2701 oi' the Code provides that the treasurer of any county or city, the sheriff of ~_uy county, the sheriff or sergeant of any city, any commissioner of the revenue, and any county surveyor, with the consent of the circuit court of his county or corporation court of his city, any county clerk, the clerk 6f any circuit or city court, with the consent of the court of which he is clerk, or in any case with the consent in writing of the judge of said court, may appoint one or more deputies, who may discharge any of the official duties of their principal during his continuance in office. "Section 35~ of the Tax Code provides that, the treasL~er may take from any deputy such bond with surety as he shall deem necessary for his indemnity. If any deputy shall fail to collect taxes or levies which he ought to have collected or may have received, he and his dureties shall be liable ~o such principal, etc. "As a result of this legislation, the treasurer of the City is liable under the bond executed by him to the City not only for his o~n failure abd defalcations, but for the failures and defalcations of any deputy or employee in his office. If the treasurer desires to protect himself for any possible loss, he may sustain by the failure of any deputy to collect taxes, or having collected them, fail to turn them in, he can require a bond from such deputy, or deputies, with surety. "Section 60 of the Charter provides that the City may require City officers, clerks and employees of the City to give bond. The Council may provide that the premium on ,uy such bond shall be paid by the city, and that the surties on the bond of any such officer shall be equally liable for the acts of any deputy or deputies of such officer as for those of such officer himself. "The City is fully protected by the bond of the treasurer. "No bond from any deputy in his office payable to the City is necessary. ~Ioreover these deputies are not officers or employees of the City at all. "See Board of Supervisors v. Lucas, 142 Va. 8~; 24 Ruling Case Law, Page 983, Sectiou 76. "It seems that a bond executed by a seputy treasurer to the City is without authority of law and not valid and obligatory on the surety. See Michie Digest of Virginia and ~est Virginia Reports, Vol. 8, Page 318, Section 14, and cases cited. Bear also called attentiou to Ordinance ~4250 and Schedule Bond dated April 24, 1934, placing various employees subordinate to the heads of Departments under bond. The President, 4hr. Small, asked that the Cow~ttee continue to function, and bring back to Council, prior to expiration of the Schedule Bond a report and recommendation of officers and employees to be bonded, and amount Gf bonds. RADIO FOR POLICE: A report from Jas. A. Bear, Councilmsn, and W. P. Hunter, ~ City Manager, a committee appointed to investigate and make recommendation as to ~ installing Radio System for Police cars was before Council, the cost for installing a Medium High Frequency set with a capacity of 100 Watt, and equipping eight cars ~i with receiving sets being $5,285.00, and approximate cost of maintaining the se~, including depreciation on the entire e~uipment within five year period being $~08.00 per month. Mr. Comer moved that the report be received, and that the City Manager be directed to ~roceed to advertise for bids for the necessary eQuipmemt, and that 191 192 bids be open before Council. The motion was seconded by Mr. Bear, and ,m-nimously adopted. The City Manager stated !the formalities, and install :, DELINQUENT TAX DEPART~[ENT: ! Yates, ~iatson, Scruggs, and tho it would require approximately sixty days to complete the equipment. A report from the committee composed of Messrs. Chairman P. H. Tucker, was read before Council, and 'after a recess by Council, and.a brief statement by Mr. Scruggs, the President, IMr. Small stated that there would be a special Meeting of Council Monday Afternoon 'at 2:30 p. m., for the particular purpose of formulating means and methods of put- ting into effect the Delinquent Tax Department, and at that time ~,M. Scruggs should be prepared to make recommendations as to personnel, compensation, and necessary equipment to set up the Department, and that in determining his submission he was ~privileged to consult the members of the committee heretofore appointed. UNFINISHED BUSINESS: None. CONSIDF~RATION OF CLAI5~: None. INTRODUCTION AI,~D CONSIDERATION OF ORDINANCES AND RESOLUTIONS: The following ordinance having been introduced, read and laid over, was taken up and again read: (~4~i&&) AN ORDINANCE directing the City Treasurer to deduct from the amount due by the City to officers and employees and to any person, firm or corporation as salary, wages, work or other compensation, the amount of taxes in arrears to the City. ( For full text of Ordinance see Ordinance Book No. 8, Page~2~O 1. Mr. Powell moved to adopt the ordinance. The motion was duly seconded by Mr. Winn, and the ordinance adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President, Small --5. NAYS: None ..... 0. MERCH~qTS' LICENSE TAX: It was brought to the attention of Council in preparin~ the iderchants' License Ordinance, that an ~portant section has been inadvertently omitted, and that the Commissioner of Revenue was of the opinion that the same s~oul. be included. After a discussion of the question by the City Attorney, the Commissio] of Revenue and members of Council, D~. Comer offered the following ordinance: (#~6) AN' ORDINANCE governiBgand ..~ixing license taxes to be paid by Wholesale merchants in the City of Roanoke. An emergency arising by reason of the necessity for raising revenue to support the government of the City of Roanoke and the general welfare of the City and the inhabitants thereof, such an emergency is hereby declarei to exist, and this ordinance shall be in effect from and after its passage. BE IT ORDAINED by the Council of the City of Roanoke tha~: For every distributing house or place in the City of Roanoke (other than house or place of manufacture) operated by any person, firm or corporation engaged in the business of a merchant in said city for the purpose of distributing goods, wares and merch~udise among his or its retail stores, a separate license shall be required, and the goods, wares and merchandise distributed through such distributing house or place shall be regarded as purchases for the pm'pose of measuring the license tax, which tax shall be the same as the license tax imposed on a wholesale merchant by Ordinance No. 4AOX, passed by Council on the 30th, day of November 1~3~. Mr. comer moved to adopt the ordinance. The motion was seconded by Mr. Bear er and the ordinanoe adopted by the following vote: AYm~: Messrs. Bear, Comer, Powell, ~imm and the President, M~. Small --5. NAYS: None ..... 0. MOTIONS AND MISCELLANEOUS BUSINESS: tire COUNCIL RO0~: arren6ements, The City Manager was instructed to investigate, and make looking toward the holding of meetings of Council in the tenta- room now used by the Circuit ERA PROJECTS: prepare and submit were now being made up. Court, advising Judge Keister accordingly. The City Manager advised Council that he had been requested to public works projects to be done by ERA labor, CITY CLERK: The question of the need for filing City Clerk was before council, and the Clerk is authorized equipment and that estimates -: in the office' of the: to make requisition in the usual manner, applying cost of the equipment to appropriation made to this department and if the amount was insufficient, Council would consider supplement- same. There being no further business, Council adjourned to meet at B:30 o,clock p. m., Monday, January 28, 1935, for consideration of the Delinquent Tax Department. APPROVED Clerk President 193 7194 COU~CIL, SPECIAL MEETING, Monday, January 28, 1935. The Council of the City of Roanoke met in Special Meeting in the Council Room lin the Municipal Building, Monday, January 28, 1935, at 2:30 o'clock p. m. ! PRESENT: Messrs. Bear, Comer, Powell, Wtnn and the President, Mr. Small --5. ABSEL~r: None ..... 0. The President, Mr. Small, presiding. PR~SE~, : OFFICERS ;,? '~ ',V. P. Hunter, City ,Manager. DELINQUENT TAX DEPAR~,~ENT: The President, ~r. Small, stated that this special meeting, of Council is called for purpose of considering details and further plans incident to the oDer~tion of tb.e Delinquent Tax Department, that Council would have to consider the selection of space for the Department, and that possibly the most ~mportant ~question, would be the policy of Council with respect to installment pay- ments, both with re~ard to oeriod of such installments, and basis for such install- ~nt ~ayments. ...r. 7;inn suggested that the installment oayments be spread over a period of fifteen to eighteen months as a maximum, and allow' the Delinquent Tax Collector to use best judgment to collect the small st~ms in from three, six to nine months. The President, Mr. Small, in co~Lmenting on the subject suggested the maximum Deriod for installment payments be spread over a oeriod cT twenty months, i, e., that the ?ayments be made in twenty equal consecutative payments of 5% of total amount, with minimum payment of $5.00 per month. ~...r. Bear stated that if these pa~vments were spread out for twenty months, it will be setting up this Department for twenty months, and he had been hopeful that the work would be completed in at least twelve months. The ~uest~on of office space for the Del~nouent Tax Department was discussed, and the City :.m ~o "nao~r advised that he had not as yet discussed the matter with Judge Kesiter as to Council's-intention of using the Circuit Court room for meetings of Council. Upon motion of Mr. Bear, Council adjourned to the Circuit Court Room for an inspection of same, as to the advisability of using the room for future meetings of · t Council, after which the City Manager was ~ns~ructed to confer with the Judge of the Circuit Court, and advise him that due to the necessity of providing office space for the Delinquent Tax Department Council desires to use the Circuit Court Room for ire~u!ar Council meetings, and other times. The President stated to Mr. Scruggs that Council had decided to turn over to t! 'delinquent Tax Department the present Council room, with the further understanding :t~at l,~r. James, the City Clerk, might have the use of a portion of the space for clerical and other work in order to give him more room in his present office space for private operation. After a rather lenghty discussion of policies as to the collection of delinquen' .taxes, Mr. Bear suggested that before permanent policies are adopted he wanted to ~offer a resolution remitting all oenalties on real estate prior to the year 1933, ~and offered the following resolution: RESOLVED, that the City waive all penalties on the collection of delinquent taxes for real estate for all years prior to 1933. There being no second to the motion, the same was lost without being put to a vote. After a further discussion as to various phases of policies to be adopted Council recessed. After the recess, the President, I,~r. Small,dictated the follow- lng memorandums to the City Clerk, who will dispatch same to interested parties: To M. R. Yates, City Auditor, Council expects the transfer of gross amount of tax delinquency charged against the Delinquent Tax Department to be verified and accepted by the Delinquent Tax Collector, and this record of trans- fer to be prepared and completed in such from and manner that the records of the Delinquent Tax Col- lector can be properly audited, and his accountability proven at any time. To M. J. Scruggs, Delinquent Tax Collector: The Council of the City of Roanoke directs that delinquent State taxes collected by you in your capacity as Delinquent Tax Collector for the Commonwealth, for which you will receive the usual State commission allowance of 20%, be reported to Council quarterly, on the 1st days of January, April, July and October, such statement to show gross amount of 'taxes collected for the Commonwealth, the gross amount of your co~uission. To Judge R. C. Jackson, City Attorney: At a special meeting of the Council of the City of Roanoke on Monday, January 28th, 1935, I was directed to ask that you draft an ordinance for consideration and action of Council at its meeting on Friday, February 1st, 1935, providing for installment pa~ents of delinquent taxes placed in the hands of the Delinquent Tax Collector, as follows: Payment of real estate taxes to be authorized for a period of twenty consecutive months, at the rate of 5% per month for gross amount of such real estate tax delinquent, with a minimum payment of $5.00 per month for the installment oeriod so authorized, it being understood that ~bis installment plan is an elective or voluntary one; and that the Delinquent Tax Collector is empowered to use his discretion covering collection of such delinquent real estate taxes due by firms, corporations, and individuals, who do not elect to avail themselves of the installment plan. That this ordinance also provide for installment payment of personal property delinquency due the City of Roanoke over a period of twenty consecutive months, on an elective basis, with a minimum payment of $2.00 per month. For matter of records, the following memorandum was also dictated: It has been decided by the Council of the City of Roanoke that the cormmission basis of 1% for delinquent taxes collected by the Delinquent Tax Department v~ll apply on and after February 15, 1935, to the gross amount of all delinquent payments for the years 1932 and prior thereto irrespective of how, when, and where paid. The following memorandum was also dictated,for the information of the City ~uditor: The Delinquent Tax Department will requisition through the prescribed channels, to be purchased by the Purchasing Agent, necessary equipment, supplies, etc., for setting up his office, and vouchers for payment will be made upon certification of the Delinquent Tax Collector, that supplies and equipment have been received. FIRE PROTECTION: Mr. Bear presented to Council the fo!lo~'~ing report, or ~ ma ~ter suggestion, with reference to"i~he Fire Chief's Report", and asked that the ~ referred to the CitY Clerk for attention: 196 ~ly attention has been called to an Editorial in the Roanoke Times, issue of January 28, 193§, entitled "The Fire Chief's Report". This Editorial deals with the decrease of fire losses in the City of Roanoke for the year 1934, showing a material ~ecrease in losses. In view of this fact I am suggesting that t~ts matter be referred to the City Clerk, who may confer ~th the Chief of the Fire Department, with instructions to make inquiries relative to this situation, looking towards making proper presentation to the Southeast Tariff Association for the purpose of securing lower fire insurance rates in this City. Such in£ormation obtained by the Clerk, he shall present to Council for discussion. The City Clerk is directed to follow up the matter as Der suggestion. DELr~T.~,'~ C!TY ~,~LOYEES: The City Clerk is directed to reeuest the City Auditor for reoort as of February 8th, showing status of City and School employees, showinc amount of delinquent taxes paid, and amount sti~l outstanding. There being no further business, Council adjourned. APPROVED ~Clerk President CO~CIL, REGULAR MEETING Friday, February 1, 1935~ The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, hereafter, or until other arrangements are made, to be used as the City Council Room, in the Municipal Building, Friday, February 1, 1935, at 4:00 o,clock p. m., the delay of the meeting hour being occasioned by members of the Council being detained as witnesses in the Hustings Court in the Suit of Fowlkes and Kefau- ver vs. The City of Roanoke. PRESh~NT: Messrs. Comer, Powell, Winn and the Fresident, Mr. Small .... 4. ABS~T: Mr. Bear ( Mr. Bear confined to his home account of illness The President, ~,~r. Small, presiding. OFFICERS PRES~I~T: W. P. Hunter, City blanager. MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with and the minutes approved as read: HeARING OF CITIZENS UPON PUBLIC I~La~ERS: SIDEWALK T. E. COFFEY & COI,KPA~NY: T. E. Coffey appeared before Council and presented a letter asking that his company be given permission to'cover pilasters at 310 South Jefferson Street with Catawba stone ~hich would extend on the side~alk about one and one-half inches, the same being contemplated for ~mprovements on building to be occupied by The Tudor Tavern, Inc. The question is referred to the City Attorney for opinion as to liability for personal injuries, etc., of the City in granting such a permit, and the necessary steps incident to granting such a permit. " LAtgP POSTS: In the same communication above referred to, Mr. Coffey asks that his company be given per~ssion to erect two steel property to be occupied by The Tudor Tavern, Inc., and in accordance with City requirements, approximately t~enty-five designed to carry an old English type lantern fixtures. The question is referred to the City ~ianager for investigation and recommenda- tion o ZONING T. S. ~RIGHT: T. S. Wright having requested that property on'the H. lamp posts in front of his in line with other lamp posts, feet apart, of Tayloe Street between 12th and 14th Streets S. E., be changed from General Residence to Business District, the advertising of hearing in accordsnce with Article X1, Section 1, of the Zoning Ordinance, was read before council, as well as '~ letter from the Board of Zoning Appeals, which states, "~he Board sees no objection to changing this property from the General Residence District to the Business Dis- trict". It was the opinion of Council that DLr. YJright's request should be granted, and ~k~r. Comer offered the following ordinance for its first reading: {~4~?~ ~ OI~IN~',ICE to amend ~rticle l, Section l, of an Ordinance adopted by ~! the Council of the City of Roanoke, Virginia, on the 30th, day of December, 1932, ~ "An Ordinance to divide the area of the City of Roanoke n,~mbered 4083, and entitled, _._ into districts, to establish buildings lines, to regulate and restrict the location," erection, construction, reconstruction, alteration; repair or use of buildings and 197 198 other structures, their height, area and bulk, iby buildings or other structures, the size of land the trade, industry, residence and other specific i. districts for the promotion of health, general welfare of the City of Hoanoke, ? safety, morals, to provide for and percentage of lot to be occupied yards, courts and other open spaces, uses of the premises in such comfort, prosperity, or the change of boundaries, ~regulations and restrictions of such districts; to provide for a Board of Zoning ~Appeals; to provide for enforcement; to prescribe penalties for violation of the provisions hereof." I~HEREAS, T. S. ~'right, owner of property on the North Side of Tayloe Street 6 and 7, T. S. between 12th and 14th Streets S. E., said property being blocks 5, ~'right Map, and designated on Sheet No. 423 of the Zoning Map as Lots 4230201, 42302 4250205, 4230204, 4230205, 4250206,4250207,4230205, 4230209, 4230210, 4230211, 4250212, 4230213, 4230214 and 4230215, has asked that said property be changed from of said Ordinance has General Residence to a Business District. ~'H~R~, the notice required by Article X1, Section 1, been published in the "~'or!d-Ne~'~s", a newspaper published in the City of Roanoke, for the time required by said Ordinance, and day of February 1935, at 2:30 the hearing was given on the 1st, o'clock p. m. bel'ore the Council of the City of Roanoke, in the Counc[! Room in the ~junicipal Building, at ~'Jl~ich hearing no one appeared and no objections were present- ed by persons ~ho v;ere requested to file their objections, nor ~ere any objections filed in v,'r Lting. THEREFORE, BE IT 0RDATNED by the Council of the City of Roanoke that ~Lrticle 1, Section !, of an Ordinance adopted by the Council of the City of Roanoke on the 30th ' "An Ordinance to divide the area day of December 1932, nmnbered 4083, and entztled, of the City of Roanoke in~o districts, to establish building lines, to regulate and restrict the location, erection, construct,_on, reconstruction, alteration, repair or use of ' ~ '' ~ and _ 0u_laznss other structures, their height, area and bulk, and percentag of lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence an~ other specific uses of the premises in such districts for the promotion of health, safety, morals, co~fort, prosperity, or general welfare of the City of Roanoke, to provide for the change of boundaries, regulations and restrictions of such districts, to provide for a Board of Zoning Appeals; to provide for enforecement; to prescribe penalties for violation of the provisions hereof," be amended in the follov~ing particular and no other, viz: The property on the North Side of Tayloe Street between 12th and 14th Streets T. S. Wright Map designated on Sheet S. E., said property being Blocks, 5, 6 and 7, No. 423 of the Zoning idap as Lots 4230201, 4230202, 4250203, 4230204, 4230205, 4230210, 425021-.t-, 4230212, 4230213, 4230214 and 423020~, 425020~, 423020~, 4250209, 4230215 be, and is hereby changed from a General Residence to a Business District, and the Map herein referred to shall be changed in this respect. The Ordinance is laid over. PETITIONS ,2JD C'JI,~.~ICATiONS: RE~JNDS ~D REBATES: C. R. Kennett, City Treasurer, appeared before Council, and presented request from Marshall & Baird for refund of lic~se paid, mnounting to $30.50, the same supported by letter from the Commissioner of Revenue. The Question is referred to the City Attorney for opinion as to making the refund; and also copy of the request is referred to the City Manager who ~ill have the License Inspector investigate the Question. TREASURY COLLECTIONS: The City Treasurer presented his report garnishments, etc., as set out in Resolution ~4407, dated November lng collection $31,853 .48 , an The report is meeting a statement with 1934. of collections, 18, 19~A, sho~- of taxes for January 1935, including penalties and interest of increase over January 1934, of filed, and the Treasurer requested to furnish by next Friday's showing total amount of license collected for 193~ as compared AUDITOR OF PUBLIC ACCOUNTS: A letter from L. McCarthy Downs, Auditor of Public Accounts, under date of January g6th, advising that the Governor had authorized the accept_~nce of the check from the City of Roanoke for $246.03, as full payment of claim of $738.11. The communication is filed. REPORTS OF OFFICERS: REPORT OF TIIE CITY MANAGER: The City Manager presented report of work accom- plished and expenditures for week ending January 24, 1935. The same is filed. RECREATION DEPAR~.zF.I~T: The City :~anager presented to Council a communication from K. ~iark Co~en, Director of The Recreation Department, asking for clearification and relief of certain problems confronting him with regard Z.o the Basketball League. The City I,~anager is directed to notify ~r. Cowen that the proceeds from games played at the Jefferson High School shall be collected and turned over to the Jef- ferson High School, and tl~at a1.1 games played at the City ~arket Auditorium shall be handled as in the past; and the City Clerk is directed to advise the City Auditor of the change in handling_ these collections. BOARD OF ZONING A~P~o: The City L~anage~ presented to Council a letter from ;'J. P. Wiltsee, ChaiE~an of the Board of Zoning ~_ppeals, stating that it was the tu~ani~ous opinion of the Board, that for several reasons, the combination of the 'office of the Board of Zoning ~ppeals with that of the Purchasing Agent was undersira- ble ~nd not for the good of the City of ~oanoke, and that before definite steps are made toward this ~ove, that the Chairman be given an opportunity to discuss the matter informally with members of City Council. The question is held in abeyance until next Friday, February 8th, at which time. Council will meet at 2:00 o'clock for the purpose of discussing the question. SE~ER: The City ~lanager presented a request from the St. Peters Episcopal Church for saucer to serve this church on ldoorn~an Road, at a cost to the City of $356.00. The matter is held in abeyance to be included in the Public Works projects no~ R being prepared for submission. LICW~NSE INSPECTOR: The City Manager brought before Council a request for a street car pass for the License Inspector, same to be furnished ~eekly. The City I,lanager is authorized to furnish the License Inspector with weekly ~treet car pass, the cost of same to be charged to Incidental Expenses of the ',on~issione~ of Revenue' s office. FERA: The City Manager brought before Council the q~estion of reorganization ~f the ~'elfare Work Relief in the City of Roanoke, and Council authorized the City ~anager to confer with i~r. ~'. A. ~mith, State Administrator of FERA, relative to ~eorganization of vzelfare work relief activities into a lesser number of areas, and 4each an agreement with Mr. Smith as to supervision, reporting to Council the con- ~lus ions reached. 199 20O REPOI~$ OF COMMIT2EES: None. UNFINISHED BUSINESS: Ail unfinished business, and a number of other matters scheduled to come before Council, was laid over until the next meeting of Council, due to lack of tim to transact all business occasioned by members of Council being detained in the Hustings Court attending suit against the City of Roanoke. CONSIDFdtATiON OF CLAI~IS: None. Ikw~RODUCTION AND CONS IDEP&TI ON OF ORDINANCES ~ND RESOLUTIONS: DELIN:~U~T TAXES: The Question of proper Ordinance to permit installment pay- ment of delinquent taxes in the hands of the Delinquent Tax Collector having been before Council at a previous meeting, IJr. Ninn offered the follov&ng Ordinamce as an emergency measure; (~4&48) AN O~Oi~ANCE to permit the payment of delinquent taxes, in the hands o',-' the Delinquent Tax Collector, in installments. ~X~V~REAS, in order that the usual and necessary operation of the City Gover_nmen may be carried forv.~ard, an emergency is set forth and declared to exist, and this Ordinance shall be in force from its passage. BE IT OHDAIi~ED by the Council of tho City o'~' Roanoke, Virginia, that the Delinquent Tax Collector, heretofore provided by Ordinance, be, and he is hereby authorized to receive instalhent payments of any and all taxes in his hands for collection for the period of tv~enty (~0) consecutive months. He shall not, however receive installments of less than 5% per month, for the gross amount of delinquent real estate with a minimum payment of $5.00 per month, for the installment period so authorized, and a minimum payment of $~.00 per month for installment payments on personal property delinquency due the City of Roanoke over the period aforesaid. It is expressly provided, however, that this installment plan is an elective or voluntary one and that the Delinquent Tax Collector is empowered to use his discretion covering the collection of such delinquent real estate taxes and/or personal property taxes due by firms, corporations and individuals who do not ~lect to avail the~selves of the installment plan hereby provided. idr. Winn moved to adopt the Ordinance. The motion was duly seconded by Mr. Comer, and the Ordinance adopted by the followiBg vote: AYES: ~iessrs. Comer, Powell, Ninn eBd the President, Mr. Small .... ~. NAYS: None ...... O. ( Mr. Bear absent ) kLISCET.T.A$~EOUS BUSINESS: ~LEAGUE OF VIRGINIA I~UNiCIPALITI~S: ~orton L. W'allerstein, Secretary and Direc- tor of the League of Virginia Municipalities, appeared before Council, in the interest of his organization, asking that the Cmmcil of the City of Roanoke author~ 'the payment of increased dues from $800.00 per ann,,m, to $1,000.00. Mr. Wallerstein reviewed in detail the work of the League, and the growth of · such Leagues throughout the Country, the financial set-up, budget requirements, and ~.the amount of money necessary to raise in order to participate in funds available by the Spe!lman Foundation. After a lengthy reviewal of the work attempted by the League, and questions from members of the Council, the President, -Lir. Small, stated to ~. Wallersteim, ~that the City of Roanoke feels the work of ;to the municipalities throughout the State, i ze the League has been helpful and benefici~ 1 but that the City of Roanoke is confronted ?! with a request to increase its ap~ropriation from ~800.00 to ~1,050.00, answer to that ~ould be the inconsistency of tnereasing that p~rticular tion, statin~ further, that the City of Roanoke has been doing one probably some of the other cities have not been doing, 8nd that is, balance the budget, not technically, bu~ actually. and the approprla- thing, which trying to Mr. Nallerstein stated that if the City of Roanoke so desired, the dues could be paid after July 1st, but that the League was interested in knowing what it might expect in order that the request to the Spellman Foundation might be submitte~ accordingly, as the Foundation would put up one dollar for every two the League raises. The President, Small, stated that Council ~as very appreciative of having had the opportunity oi' hearing the statement from .Mr. Wallerstein and discussing the matter wltl] him, and that Coo_ncil would endeavor to give him an answer within week The~e being no further business, Council adjourned to meet at 2:00 o'clock p. m. Friday, February 8, 1935, for conference with ~.~. Wiltsee, Chairman of the Board of Zoning Appeals. APPROVED A%TEST: ~ /'~; President 201. 202 CO~..:CIL, REGULAR ~EETING Friday, February 8, 1955 The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Liunicipal Building Friday, February 8, 1935, at 2:00 o,clock p. m., the early meeting hour being called to meet with the Board of Zoning Appeals. PRES~IT: i~essrs. Comer, Powell, Winn and the President, L~. Small --~. ABS~T: ~,Ir. Bear ...... 1. ( Mr. Bear still confined to his home account of illness ) The President, L'~r. Small, presiding. OFFICERS PHES~T: ~;. ~:~'. Hunter, City i.janager. ~ ~..~.~ :'.~. Small, stated that this meeting BOARD 0~ 7.~,~1~ AKPEALS: The President, .. of Co~cil was called at 2:00 o'clock p. m., for purpose of discussing certain questions with the Board of Zoning ~ppeals. ~dessrs. Uiltsee, Cocke, Sneed and Spindle, me~ubers of the Board of Zoning Appeals, appeared in tt~e interest of the Board; Lit. ¥~iltsee, the Chai~nnan, stating that the Board had asked foz~ this cSnference, thinking bo~h Council and the Board could get some good out of the meeting, but it ~'~as not the desire of the Board that the questions discussed be given publicity through the ne~;spapers, ~ir. Cocke stat- ing that they did no~ ~ant it to appear as being a controversy between the Council and ~4e Board of Zoning Az,peals. Mr. ~;iltsee first brought before Council the question of procedure for en~end- ments to the Zoning Ordinance, as provided for in Article X1, Section l, in ~hich "This Ordinance may be a~ended, supplemented, changed, modified or repealed by the Council, a~ter_ a public hearing,, etc.", stating that the Board had not asked to change this section, but thought it would, as the members were of the opinion that the Board of Zoning appeals should have a say in recorJaending 'to Council any matter: with reference ~o Zoning before a public hearing is'held, thus often saving expense and time of advertising. It was brought out that this procedure had been followed in the past, with the ~possible exception of one incident, in the case of T. S. Wright, who o~ns the ~hole area in question, and in order to avoid unnecessary delay in changing the classifi- cation of the property. SiG~S SUPP~,~:~.'V~.:~qT TO ARTICLE !1, SECTION 1: The Chairman, Mr. Wiltsee, asked ~that Council consider adoption of Supplement to Article ll, Section l, of the ~Zoning 0rdLuance to prevent the erection of advertising signs in the General Residence Districts. the Questiom was discussed at some length, and decision reach- ed that the proposed ordinance should be referred to the City Attorney for opinion as to the validity of the proposed ordinance, after ~hich it ~.~uld be necessary to hold a public hearing on the question. SETBACK LINES: The Question of setback lines was brought before the meeting, having particular reference to the Lucas petition on ~.~lelrose Avenue, it being the concensus of opinion that under the Zoning Ordinance the setback line could not :be changed. ii OFFICE SPACE PURCHASING AG.~T: The Chairman, l.~ir. ~Jiltsee, brought to the 'attention of Council that ne~s had come to the Board that the office of the Purchas- ing Agent would be combined ~ith the office of the Board of Zoning .Appeals, and L~iss heart. We have five men engaged we don't ezpect any, but we have do what ~'~e can to help the City, Schilling to be used as stenographer for the Purchasing Agent, I'~r. Wiltsee making the following statement: "Gentlemen, we have the interest of the City of Roanoke at in business of this work, with no .compensation - becoiae interested in the ~ork, and we are glad to but what we get out of it in every decision, some- ~ body gets sore. We believe if this work is of any benefit to the City, it is certainly worth the amount we are costing the City, which ~e believe is very little 'compared to larger cities, with Boards composed of regular salaried employees. feel that Council should give us every facility to c~rry on this ~ork possible. ¥Je feel that this work should not be mixed up ~ith somebody else. The room there is now rather crowded ~;'ith records, maps, etc., from the old City Planning Connnission, all of ~hich we use. If you put soEebody else in there, some of these records will have to be taken out, possible stored, and maybe lost. We don't feel that ~Jould be a very desirable situation at all. ~;hen you co~e to ~ork our Secretary has been doing, she has been working, as most of you know, doing ~ork for the man next door, Recreation Department, and also for the Juvenile Court, copying records for them. Her time has been pretty ~'ell filled up, etc. etc. I have asked her to keep a .record of her time in different departments, and it sho~s the follovJin~_;: 41'~ devoted to dUC work; 12~%/~ Juvenile Court; 36~ to Recreational Department; 9 or 10% to others. SO, Ee feel so i'ar as the work of ~iss Schilling is concerned, she has devoted her enDire time to the City." The President, Small, stated that he thought perhaps everything the Chairman had said was correct, but that we have a problem that has been worrying us in some of these necessery readjustments. Our problem, and the most important one at this time, is to put this city on a pay-as-you-go basis. We propose, as a temporary measure, to--~lace il,~r Tucker in that office, contemplating further transfer of !~ Tucker, and other arrangements for his secretarial vJork in room novJ occupied by the Equalization Board, when the room is vacated by the present Board. i.lr. Uiltsee, stated that in asmuch as this was to be only a temporary proposition, ~;ith the consent of Council, he would like to offer a suggestion to put i.,ir. Tucker in the room novJ occupied by the Tuberculosis ~ssociation, and use !;.iss Woods for secretarial ~ork, who he understands has plenty of time. After further discussion of the question, Mr. Comer suggested that City Lianager ~lunter make a further survey of the situation, having in mind what the Board of Zoning Appeals has suggested and report back to Council. This being agreeable to all concerned, the conference was ended. I~IEUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, by i.!r. U'inn, seconded by ~ir. Po~ell, the reading is dispensed Eith and the minutes approved as read. HE~iRIaNG OF CiTIZ~iS 0N PUBLIC k[ATTERS: STREET LIGHTS LUCY A~DISON HIGH SCHOOL: Jacob L. Reid, Attorney, appeared before Council and asked that additional lights be placed outside of the Lucy Addison High School because of the darkness there; and also that bridge to the school be repaired The question is referred to the City i.lanager, who ~Jill report to Council with :eference to the lights, and that the bridge in question will be given attention. : BRIDGE TaZ,.,~, .ELL ~'~' .w~' '~ ...., , ,~,~'~'. , : ~' ~ headed by B 0 Dillard, ~.~,,.,~.~,,. delegation from the Southeast, . . kttorney, appeared before Council, and asked that a bridge to eliminate Tazewe!l kvenue Crossing be included in the list of projects submitted for P~fA cousideration. 203 [204 Rev. E. D. Poe also spoke in behalf of the project, and after a discussion ~of the subject, as to cost, proper location, etc., the Fresident, !..~r. Small, stated that so far as Council is concerned when the final projects for P~IA funds are sub- ,mitred, some plan will be submitted which will provide for relief of the Tazewell ~Avenue Crossing to the Southeast, but of course there was no assurance of what the Federal Gover~aent will do. STREET I:APd.&:AY: Rev. E. D. Poe, spoke briefly fol' a delegation from the ~'Southeast in opposition to removal oi' the I:arkwmy on 9t1~, Street, as asked for in petition some ~eeks ago, stating that he did not kno~ of a citizen in that commun who ~anted the parkwJay removed. The Yresident, :.~r. Small, advised the delegation that the petition referred to %'~as on ~'ile, and remains as a matter of unfinished business. e~oo~., o~-~-',zo~ ~.~:URCn. Jacob L. Reid Attorney, present- £~"'...L -,.. l=a!.~__ , ed pezition espying that delinquent taxes and l~enalties on property no~'~ in the name of the jerusalem Bapzist Church, kno~m as Lot No. 5, action 18, J. ,,. 7febb Addit :,lap, be remitted, from 1919 to 1934, inc lusive, aa~ountinc to $94.99, as property in cuesVion ~.'.as deeded to a Trustee of the church in 1919, but he failed to have smnte recorded. The uesZion is referred to the ""ty ' ' -' ', ' . c. ~l ~too~e~ for opinion as to makinfj reI'und TP~FFIC LiGi'.'TS'. = communication_ dated February., 4th, from F. _~. ":ice= was bei'ore Council, offering su:jgestion as zo Traffic Lights, particularly ~-dth reference to light installed at the corner of Uilliamson Road and Lynchburg f.~venue. The letter is referred to Zh, e City i,:ana6er. D~IN:~UEi[T '~' ~'° ~ ,~a~'~:'N ~ letter ~der date of ~eb~uarv ?th from R Coleman, '~ler~, ,,est End 12arket, ~ ~,'as before Council, uh~t deductions for asttinc ~ ~ de!incuei~t taxes no~,' being made against his salary be rescinded, and that he be Der:.:i~ted to pay ba~=nce due as prov~dea for in ordinance governing collection of Delinquent Taxes. it was moved, seconded and unanimously agreed that the City Auditor be authoriz ed to make exception o~' ,~esolution covering deductions frown-cayrolls for delinquent city employees in vhe case of 2l. Z. Coleman, and that balance due be discharged on basis of ten e~ual ins~ - _ o=!iment= for taxes due for years orior to 1934. L~,._P'_ 0o_o =~. ..,~. COFF~' & ~01dP_~.[Y: The C~.ty i'[ana~er made the follox~in~:~ re,mort_ v~ith reference to Lamp i:osts for T. 'E. Coffey: ,tDo~a~d- "- =. E. ~,~o - mn~ the request of ~ Coffey & Company for a permit to erect two steel lamp posts on the side~alk in front of ~10 S. Jefferson Street, v:hich x-,'as referred to me for report and recom,.~,.enda~ion. It has been the policy of the City to try and eliminate the unnecessary poles on the si de~valk in the business section. T. E. Coffey & Company can arrange for an electric sign for its purpose ~vithout erecting poles on the sidewalk. Therefore, it is my reco?~m'endation ~h~ a-permit to erect t~':o lamp ,_~osts be refus ed." Lit. ~omer moved that the recomn~enda~zon be concurred in. The motion was seconded by L.r. lowell and unanimously adopted. i0LiCE E~DI0: The City l,:anager re-ported that advertisement is now running in ~he local ~.a~er reques~n~ bids for police radio equipment to be received at Noon Friday, Larch 1st, on the same date. i. and to be opened at Council i2eeting at 3:00 o'clock p. m., 205 CITY AUDITOR: The City :~]dJ. tor submitted report on delinquent taxes deducted from salaries and wages of City employees, as of February 8, 19 35, showing eighteen employees remainin(% partially dellnquent, amounting to $830.15. The same is filed. SCti00L ~,~PLOYEES: The Superintendent o~' $choolspresented report on delinquent taxes due by school teachers, showimS eight teachers remaining delinquent, ~ounting to ~ggO.13. The Clerk is directed '~o furnish ~he 2~easurer wit% copy of delinquent ~ :. ~' aud ask that he invoke provisions teachers~ callin5 attention to Ordinence ,,o. ~, . or ~he ordinance with respect to the ~paid balances· ~ ~,.=:,~o~.~,,i0iI: The City ,,.a.~ER submitted the follo~- ing reDorb with r~3feronce to thc FE~:- "This is to advise Council that l.lr. T. C. Rohrbaugh has been appointed as Area Director for Roanoke City, Roanoke County and Craig County, by .:,~. %'m. A. Smith, ~am'~nzstrator, ~aergency Relief Administration, effective February 2, 1935, salary to bo 2'~' :~z(t by the kh~ergency Relief -~ d~ai nis tra t i on." l. Lr. T. C. Rohrbaugh, firs. Btm'nett and :.!rs. Raleigh appeared before Council reference 'to this subject, [.ir. Rohrbaugh explainzn~".~, in detail the prooosed_ i:ork'~ncs of the ney: set-up, and asked that Council provide oi'fice space for t~.e Director's activities, the third floor of the 01d ?est Office Building being preferable. ' '~ ~:.~ ~ity, After a recess by Council, the President stated ~ha~ on behalf of ~'~ Council_ willapp=o_..rzate'' ..... ' the su~m of~,a00.00 _oer L~,on~n~' to take care oY~ the ~.~o.~.,~ .... oi ~_ice supplies, and incidentals, and if in any month these expenses exceed $400.00, the hatter of appropriating money in excess of this a::.ount ui!l have to come before Council for necessary Resolution and au~hor_ty, wi,~_ such supporting data covering any excess amount. It is further understood that ti!e bookkeeper YJllo has been devoting Dart time to v~RA and part time to !drs. Burnett,s work will be %':ithdrawn, ind em-01oyed as a bookkeeper of the City's dzstrzbu~ion of ~.,le .~2,300.00 a.ppropriat- ~d for ~Jity indigent relief ~ork, and utilize any time she may have under the direc-~ tion or supervision of Mrs. ~urnett. Further details of handling F~RA will be worked ~uv at a meeting with the School Board on Saturday, February 9th, at 10:00 o,clock i..'Lr. Rolirbaugh calls attention of Council to Question of payment of a bill for ;879.88, due vhe Kroger Grocery Company out of FERA funds heretofore mentioned, · S_.:.lth, ;tating that it would be satisfactory with !.ir -,~' Federal Administrator, that ~his be done. it v:as moved, seconded and unanimously agreed vn=t the City would be agreeable ;o apply the sum of $879.88 out of its ~ebruary. appropriation to ~ to extinguish ~he bill for t:iis amount due the t~roger Grocery Company. LUT0 ',RE~KIN~ PLA!IT: _.he City !damager presented report with reference to ~om~plaint regarding the operation of an Auto Wrecking Plant at the corner of j A!bemarle_ . Avenue and 3rd Street S. E., statics that this is in the ~zght''" Industrial District under the Zoning Ordinance, and that this concern has the right to o-.£~rate this business in this section. A discussion of the question developed that this condition could be corrected by special Ordinance, and l.~r. Powell ¥...'as -apl:ointed as a co~.nuzttee of one to look into the ~matter. ST~ E? WIDENING .... R ~T ',',:. T BRODIE: The n~t~ Manager made the following report %~th reference to street widening on ~,e S E Corner of l.lorri!i Avenue and 7th Street 206 "Regarding the offer of !&r. W. T. Brodte to sell a portion of the .lot on the S. E. Corner of Morrill Avenue and ?th Street S. E., for street ~idening. Mr. Brodie wants the same rate per square foot for his lot as the City paid for lot to open ?th Street into 1,{orrtll Avenue which was purchased July 1927, at ~1,155.00, which would make the triangular strip of land 21.11' x 43.E9' x 48.16'a total of 456.9 sq. feet at lb.4 per sq. ft. making the cost of this land $?0.3?. Ny reco~endatton is to pay $E5.00 for the land taken and $B5.00 for damage to the residue of the lot." Mr, Comer moved that the reco:-.mendation of the City Manager be concurred in. The motion was seconded by i~r. ~Jinn and unanimously agreed upon. The City !.lanager presented report Of work accomplished and expenditures for ending january 2~, 1935. The same is filed. CITY APT0~EY: Tt~e~' ty Attorney submitted rapport and o~inion~ on request and pernission of ~'.. E. Coffey to cover the pilasters in front of building at 310 South J.~fferson Street v~i~h one and one-half inches of catawba stone, which will slightly encroach on the side~:a!k, givin.s as his opinion that ohzs per::~ission should be granted. Comer thereui~on offered the following resolution " ' ~ BE VT RES'~''~ (F4e49~ _ ~,,,,,~,~ by the Council of the City of Roanoke that permission be ap,~.~ -~=~:.~ same hereby is given to ~'._ ~.w Coffey to cover the pilasters in front of a bui!dinc being remodeled and imlproved, located at 310 South Jefferson Street, ~,_caes of Cata~'~:ba stone one and one-half '.~ ' · This permission is a mere license and revocable at the pleasure of the Comer moved to adopt Zhe ,~esoiution. The motion was duly seconded by :.ir. ?o%':ell, and the '-~esolution ado-prod by the following vote: _~:~o: ,.lessrs..~omer, Po%':ell, Uinn and the President, i~.r. Small- -i. ,:.~: : :,o~_~e ....... 0 ( LLr Bear absent) ~v,---~;-~,...Do-- .~,~ ~BXT£S ,..LQiiSi~LL Y~D B..~I.,~: The City Attorney submitted to Council his ooinion on request for refund from i.iarsha!l and Baird, cont.ractors, for refu~d of license tax paid for the year 1955, civing as his o~)inion that the ~t'~ is 'muder no obligation ~hatever to refund license tax aoplied for and voluntarily paid. The Clerk is directed to furnish Commissioner of Revenue copy of opinion. report from P H Tucker, Purchasin~ f~ent, under date of ~ebruarY 8, 1935, ~as before Council, advising that contract for twenty refriger ted display cases necessary to replace the cases now used at the i[elson Street iiarket had been let to The C. Sctnmidt Company, of Cincinnati, at a cost of .~9,300.00, less an allm?ance of one hundred dollars for the old cases, making the net-price ~9,200.00. '_he report is filed. ~=~ ~Rm~oURER. City Treasurer C. o~. Kennett, placed before Council a com_?~arative report oi' license taxes c611ected for 1955 as compared u~th 1934, showing an increase for 1955 over 1934 of $8,792.46.. The report is filed. Mr. Winn offered the followin~ Resolution: ' . . ". license tax (#4450} ~ RESOLUTION to refund to R C Churchill 95 75, erroneously charged in January 1934. BE IT RESOLVED by the Council of the City of R6anoke that the City Auditor be, and he is hereby directed to draw a warrant payable to R. C. Churchill for ~5.75 Vo refund license tax erroneously charged R. C. Churchill during the month :~ of January 193~. Said amo,mt when paid to be charged to the prol~r account. Mr. Winn moved to adopt t~e Resolution. The motion was duly seconded by ~Ir. Comer, and the resolution adopted by the follo~i ng vote: AYES: ~lessrs. Comer, Powell, Winn and the ~)resident, ~ir. S~all .... 4. NAYS: None ..... 0. Mr. Powell offered ttle following resolution: (#~451) A RESOLUTION to refGnd to C. R. Kennett, City Treasurer, $61.32, taxes erroneously collected from !,:alcolm Griffin. :'~]~ERF~iS, the said i.:.alcolm Griffin paid 1933 and 1934 taxes on Lot 3, Block 16, Uaverly, covering property at 1802 Kemwood Boulevard, and i~EREAS, it now develops that ~,talco~a Griffin is the owner of Lot 13, Block 15, Waverly, standing in the name of The Wales Corporation, and is entitled to a refmud. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby directed to drav~ a warrant to :.Lr. C. R. Kennett, City Treasurer, for ~61.32, to cover taxes collected i'd'om Idalcolm Griffin on property at 1802 Kenwood Boulevard, in error, and apply same to lot 13, Block 15, Uaverly, refunding difference to the said ~Ialcolm Griffin. Said amount when paid to be charged to the proper ac~unt. ~r. Powell moved to adopt the resolution. The motion was duly seconded by Mr. Winn and the re:~olution adopted by the following vote: AYES: Messrs. Comer, Powell, Uinn~and the i~resident, ~. Small ---4. NAYS: None ....... 0. The following ordinance having been introduced, read and laid over, was again taken up, and on motion of i,.lr. Winn, seconded by ~r. Comer, the second reading of the ordinance was dispensed with. (#4447) Z}~ 0J~DIN~NCE to amend Article l, Section l, of an Ordinance adopted ly the Council of the City of Roanoke, Virginia, on the 30th, day of December, 1932, umbered 408o,~ and entitled, "An Ordinance to divide the area of the City of ~oanoke into districts, to establish building lines, to regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of ~uild~ngs and other structures, their height, area and bulk and percentage of lot o be occupied by buildings or other structures, the size of yards, courts and other .pen spaces, and the trade, industry, residence and other specific uses of the ~remises in such districts for the promotion of health, safety, morals, comfort, ~rosperity, or general welfare of the City of Roanoke; to provide the change of )oundaries, regulations and restrictions of such districts; to provide for a Board f Zoning Appeals; to provide for enforcement; to prescribe penalties for violation .f the provisions hereof." ( For full text of Ordinance see Ordinance Book Ho. 8, page~z~). Mr. Winn moved to adopt the ordinance. The motion was seconded by i,~r. Comer, tnd the ordinance adopted by the following vote: AYES: £~essrs. Comer, Po~ell, Winn and the President, l~r. Small ---4. NAYS: None ..... 0. l.~ir. WinD_ offered the following resolution: (#4~52) A RESOLUTION authorizing a Petty Cash Fund for the Delinquent Tax tepartment. BE IT RESOLVED by the Council of the City of Roanoke that a Petty Cash fund of ~25.00 be, and is hereby established for the office of nhe Delinquent Tax Collector, 207 2O8 for the purpose of ~_~king change in said ,~quested to set up said fund on his books. Mr. ~Inn moved to adopt the resolution. '~Powell, and the resolution adopted by the following vote: AYES: Messrs. Comer, Fo~e!l, ~'inn and the President, NAYS: None ..... O. D~IN.~ T~ D~,~T,,x~T: M. J 2cruggs, department, and the City Auditor is re- The Iaotton was duly seconded by Delinquent Tax Collector, appeared for conference with members of the School Board. APPROVED Pr e s i dent a. m., Saturday, Feb..-uary 9, 1935, before Council with reference to Bond for $25,000.00, for which he has made ap- plication; also the question of dividing the office space heretofore assigned to 'the C~ty Clerk, asking that a partition or rail be erected to divide the two depart- ments. The ~resident stated that when the old Council Room was assigned to the Delinquent Tax Department, it was with the uuderstanding that the City Clerk would utilize Dart of the s~ace ~'or his clerical and stenographic help, and that if by conferrin~ with :.ir. Hunter some arran~oe~en~ could be worked out for a partition for dividing ~he t~':o dei~a~'~ments, without any great expense, ~ would possibly be agreeable. ..::O'-'"r CE 'r, 'i" '. ,~_.AL SF~RVi BURE.~U. The ~it,~ Cle2k is directed ~o advise the City Auditor that all furniture and equlp:uent purchased by and for the Social Service Bu~eau is the pro,ferry of the City of Roanoke, and the same is to be turned over to the City if and ~:hen said furniture and equipment is no longer used by the Social Service Bureau. ~±D_L SERViC£ BUR~U STAT~ENT: The City Clerk is directed to request the Director of the Social Service Bureau ~o furnish monthly, detail statement of exvenditures covering the ~600.00, appropriated by the City for miscellaneous and incidental items. There being no further business, Council adjourned to meet at lO:O0 o'clock COUNCIL, SPECIAL MEETING, Saturday, February 9, 1935. The Council of the City of Roanoke met' in Special l~eetin{z in the Circuit Court Room in the iZunicipal Buildims, Saturday, February 9, 1935, at 10:00 o'clock Messrs. Comer, Yo%,ell, ..,i~m and the President, ~..r. Small ---4 ABSEi,~£: One 1. ( L:r. Bear ill at home) The President, L~,. Small, pres idinG. : '". ~"." -' City i.ianager. OFFICERS PRES~IT - r ~:unte.: , oC.~OOL BOLRD PR,.o,~.,T: i.;_essrs :2c'''' ~' _.'2use Churchill, Gray and i.lcDona!d ~,.,'. ,,, The I~resident, . , _ 0BJ~.~T OF ~..o .... ,~r .... . i'dr Small stated that the S-oecial !.leer-- ins was called for purpose of discussing ~'~ith the School Board tho change in the status of th~ ERA organization in the City of i~oanoke, which under the new set-up is being unified in small nttmbo:~ of units, %vith the City of Roanoke as a part of an area uufit com-:oosed o*~ ~-U:oanoke County, Craig County and the City of Roanoke, and that ~oanoke,~'tyz is expected vo furnish the local area quarters, office equipment, and assume incidental expenses. ... ....... ~[eretofore the City has been furnishin~ o~ice quarters, furniture, e~=u~,,: ~,~-~.~.L.~nt,- automobile, Day-,no the director's salary, and other incidental expenses, has amounted to somethlnc like O600.O0 z, er month. Under the new plan, area organization will necessarily have to have some addivlonal svace,_ but the cit~., v~i].l be relieved of the salary of the Director. i.:r. D. ohrbaugh tells us they would like to remain in Zhe Old Fost Office Building, ~Thich is ~he~ ~,~-~-,~=rty~.~._.,~ of the School ~ z_~.~t they ~vill need s;pace, on the third floor .Board, and in order to do "~ . In t hat event the building will have to be equi'p-:ped with a fire excape. With fmrther detail ~ ~ =' tb~ ~-resident stata~ ~: ~ _ ' ' ' co~en~s on ~ne situation, ...... ~:~.~ Council thougn~ it m~ght be helpful to ask the School Board to come do~'~n here for a fe~u minutes in order that might gzve you a brief r, zcture, and get the bene,_~t of your viewpoznt, as to v.q~.at you think ~'Je might be able to ~vork out. There followed a general discussion of the question, members of the School Board explainims someuhat in detail the necessary expense incident to the o)?eration of the ' ~' ~ ~ . . ou=id_n.~, it ~'~as suggested by i,:r U. use that Zhe buiidinE be turned over to the City for old, erotica and m~zn~enance. Comer offered the foilouln.~ resolution: the (~4453] a n.,.ou,..u,_Oi.i directing the o'.:.erat~_on and mazntenance of school property kno~','n as the Old Post Office Building by the City of Roanoke. L':!~REAS, an understanding ~','as reeched az a ~ozno conference of ~he Council of City of lloanoke and the School Board on Febraary 9th, that effective February lat. the City %'.~i!! assmme ooeza~ion aud maintenance o the sc:._.~ol property ~.no~,m as the Old Post Office Building for an indefinite !:~eriod, and the City will receive any revenues accruin~ from rentals. TnE~UPuE, ~E i,. R~SO,.~D that effective February 1, 1935, the City of Roanoke ~-,'ill assume operation and maintenance_ of school propert-,;., knovm as the Old Post Cf fi ce .~zty ~:'ill recoive any r~;enues accruinz iBuilding for an indefinite period, and the '' ~ _ from rentals, otc. BE IT FURTH~ RESOLV:~D that the School Board is ~,rivi!eged.,~ to make such 209 210 recoi~aendations to Council from time to time covering necessary maintenance ~hich their judgment is essential, and tl~e City ~ill assume the expense thereof so long as said building is bein~ operated by the City for other than school purposes. BE I'-f i,'Ua~.:ER. '~'~' ~" RESOLVED that said arrangement is subject to cancellation by the ~chool Board upon sixty days' notice. BL I'f b~TH~R RESOLVED that the suggestion of the School Board that the reserv~ fund already accrued as of February l, 1935, for maintenance requirement b~ trans- ferred to thc City is acceptable, and v~hen o~ration of said buildinC is again Boar~. it is assumed by the School ~ ~ understood that any reserve acc~'ued at the time of the transfer will be like wise returned to the School Boar~l. Mr. Comer moved ~o adopt thc resolution. The motion was seconded by 1Pr. Fowel , and ~he Resolution adopted by ~he follo~Tins vote: ~o ~e~srs. Come~, ~o~ell, ,znn and the fresident, Zr. Small ---4 iL~YS: Kone O. 7he ques~'zon' of transferrLn~ ~1,000.00~ from ~he F. E. R. A. a'p~ro~ri~tion; . ~..urses Associa $4C0.00 to the School t[on ~Jas discussed. Zr. L'inn offered the follov~inE Resolution: a~.j~o~rzated under crdin~ce ~4~3 to t e Social be~'vic.: !~.ureau be transe~rred to the Foanoke Free ~..edL~a! Disvensary and ~hs oc~ool ~' and hou- said amount shall be ex'oended, _']~ZR~, an~=~.-~'at_o.~' ~'. is mnde ~u th.~_ last half_ of the buS~et~o for the current fiscal year of 1935, for ~600.00 per month for pa~,~ent to the Social Servic ,~st~-ative office and ~ncidental ex-oens=s and ~ .... ~ ~ :., _ assmue operation and maintenance ~' known as the .L~.ld Zest Office Building for an indefinite of the school Der/od, and collect revenue accruing from rentals. .n~~, ~ ~ ~:ao~LTZD, that the City and he is hereoz~ to~-a'~ _r~_om -s-~..= .~.~'.', ~.~'~,?:~.__=~_on nmde ~o the ~oc~ ~: ~_ Service Bureau for period of ~'febru~ !st, to j~e DOth, inclusive, at a rate not to exceed ~400.00 Der month, plus the disbursement of any revenue coilecved by the City for rental sJace of said buiifdn~ ~ iT ~::~R RZSOLVZD that the remaining .~1~000 00 to be I~~ ~n the appropris ~ : ~00.00 to the Roanoke ~=on heretofore made be disbursed on the fo!lo~'zi~ basis ~ree ~,:edical Diszensary, and .~00.00 to the School Boari for emplo~uent of a school ~.~se d,~z ~ ~n~ re:pa/nder of the ~resent school te~.. ~ ~ i ~*"~'~'~ ~n~ z~ ~ncerstood that monthly pap~ents for appro- priation of th,s 3ociai Service Bureau under tire above instructions will be made u~on certification of the boo~eeper, and said pay:,ents to be made by the City ZLuditor sub jet~ to ~-,----oval of said bookkeeper zT ~uR,~,RT,'~ .... ~ ..... R~o0LV~ that all revenues for renta~ of said buildinG, inc!udin ~round rent, i?ill be paid o~zer to the City in the usual manner. ~. i;inn moved to adopt *~-::~ reso!utio~. The motion was seconded 'e'~, 7,'r. Comer '~_d t!ie ~esolution adopted by the following vote: ~z~5: ~essrs. Comer, Zowenl, ,ran and the :~resident, i.~ Small ---~ ' JAYS: ~:one - C. ~ Clerk is directed So advise ~s. T. ~len Kirk, ~resident of the Imstructiv~ Visitin~ I:~ses Association ti:at So'~.cil has increased the aPli, ropriatim '- "= . ~o~ period ending June 30, 1935. to the IV~ from ~,721.00 to ~4,~21 O0 ry The City Clerk is directed to advise the School Board that an aI, Propriation has been made by Council of $400.00 for School Nurse, covering period ending June 50, 1935. The ~',~lty LLanager is directed to proceed t~ advertise for bids for erection of Fire Escape at Old Post Office Building, and after same is comI~lete~, to furnish Council cost, ~n order that proper resolution L~icht bc dra~Jn and adopted There being no further business Council adjourned A P t~ It 0 V £ D res ident 211 2-12 COUI'~CIL, REGULAR MEETING, Friday, February. 15,1935. The Codicil of the City of Roanoke met in reguler meeting, in the Circuit Court Room in the i.lunictpal Building, Friday, February 15, 1955, at 5:00 o'clock p. m. ','.inn and the i:resident The Fresident, Lt. Small, presiding. ±oa,~.~ PRnsM.T: ,,. P. Hunte~', City i.anager. "'"""'L'~'- l:r Co:.~er called attention to minute in last meeting of Council "Delinquent Taxes R. E. Coleman", and offered motion that the last line of the reading "ten equal installments for taxes due for years Drier to 1934" be changed to rosa,' "ten equal install:.?.ents effective January 1, .... 1955, for taxes due ~:~ooion was seconded by ~,~ Winn, for years prior to 1934." The '" * "'. m~d tmanimously adopted. fl"~ =,~.,zes of the previous meeting has been it a,-.~.=a~ins that a coi y of the --~ ' .,etlon by ilr. Uinn, seconded by ~urnisned each member of Council, and ulc~on '~ ' ~ ~::~ :'eaa.n~ is disi:¢nsed ~,'ith and the _ ~.~.~es ai~proved as m~ended and re- corded. C~.~TRAL i.L'G'iUF=.CTLRiHS C01.~AilY: Dr. F. S. Coope~', Receiver for the Central ,..anu~_cturing Company, togethez' ~':ith Horace :,:. Fox, Attorney, a~pea~ed before Council as,~na'~' ~ z,,~'~'~ ~r~ ~na_c~~ '~ = i, io. 4444 w~ch directs the City Tr~as~er to deduct from the amount due by the City to officers and employees and to any person, fi~ or cor- !:oration as salary, ~mges, ~o~'k or othe~- coml~ensation, the amount of taxes in a~'~-ears to the City, be mnended so as to exempt the _u'rinciple of offsetting taxes of firms ~'hose affairs are being_ administered under th.'~ direction of the Courts, stating that if the ordinance is enforced in the City's dealings v;ith his concern it ~'~ould be ~able to bid on City contracts, as the Co~t had decreed that revenue from all encumbered prope~ty o~'ned by his company be devoted first to repairs, and second the retirement of ~-- but ~ _ ~.es, o~at all taxes had been paid on all unemc~oere~ property oz'ned by the company. Dr. Cooper presented to each member of Co~cil statement of their tax accel, t, as to pai?ments ~de, balance due, etc. The president stated that the Ordnance -~;as adopted ~ith a vie~; of promot~g better collection of taxes, and ho%'~ any distinction could be made without completel breaking do%';n the purpose of the Ordnance, he did not kmo%~. Lt Zhe suggestion of Lit. Comer, the question is held in abey~ce in order t~t Co,oil x~ght have more time for consideration of the matter. T~C~S: T. E. Roberts, Manager of the Virginia Taxicab Company, appeared before Co~cil and presented draft of a proposed Ordinance for reduction of schedul~ of rates for Taxicabs in the City of Roanoke, the new schedule to fix a rate of thirty cents for the first mile or fraction thereof, and the m~imum rate to be ' seventy cents between any t~o points within the City l~its. The President, ~. Small, stated that Co~cll would receive the draft of the '0rdinance. and give proper consideration to s~ae ~ the proper order of business. in the proper order of business the president suggested that the proposed amendment to the present Taxicab Ordinance be referred to DS. Bear and Lir. Powell, but upon further discussion of the matter, Lit. Bear stated that in all probability there ~'~ould be other proposed amendments by other parties, whereupon the question was referred to tile City I,ianage~' for investigation and ref, ort. BARBERS' ORDINANCE: A delegation of barbers appeared before Council complaining! of certain restrictions as set out in the ordinance, particularly ~ith reference to the prohibiting of the use of the mug and the duster, o~ powder-puffs. After a discussion of the question by men~bers of the barbers, "fraternity, both pro and con, the complaint resolving.' to the use of the mug, smd statement of Dr. Ransone, City Health 0fficer, Council suggested to the complainants to try and get along without the mug for thirty days, and if it ~,:as found the mug :,as indispensable. return to Council on ~.,iarch 15th, for further consideration of the matter. FOOD iNSi. ZCTICN:The President, L~r. Small, made inquiries as to vJhat inspection ~nd enforc-~m, ent is being ~:~ade ~'~'ith regard to restaurants and eating l, laces within the City. Dr. Ransone explained that inspection ~as ~.~mde, but that there ~as no )rd~nanco covering the point in question, stating further that he had discussed the tuestion with ~r. Yc~,~ulty who is codifying the ordinances, with the thought in mind ~f having soL,ne suitable ordinance included in the new code for ado~0tion b~ Council COL~ENSATION BOARD: .~ cormnunication from E. R. Combs, Chairman of the Compensa- ~ion Board, enclosing co~;y of letter from the ~ttorney General, giving as his opinion ~hat Sections 253, 286, 31V, and 299 of Zhe Tax Code were not repealed by the gem- ~ensation Act, and that san~e are no~'.' in full force and effect. The question is referred to the City ~ttorney for study and report to Council. AUDITS: A communication from the City Attorney, enclosing letter from the .onorable George C. Peery, Governor of ¥irginia, stating that upo. n full consideration request for/'consideration of the decision with reference to bearing a por~ion of ~he expense incident to auditing ~h~ accounts of certain officials in ~he City of loanoke, he ~as of the opinion that the decision heretofore reached could not be :hanged in connection ~ith the matter. The communication is filed. DELiN~U~T TAXES R. S. SIdI~i~{: A communication under date of February 14th, from . S. Smith, Conunonwealth's Attorney, '~as before Council, asking that deductions ~'hich have been ~ithheld from his salary check be changed to pe~uit belance of the clbligation to be discharged in ten equal monthly installments. ~. Bear offered the following resolution: (~44571 ~ RESOLUTION authorizing the City ~uditor to make exception of R~solutzon covering deductions from payrolls for delinquent City en~.ployees in the case of H. S. Smith, Co~onwealth Attorney. WHERE.%S, R. S. Smith, o~es ~he City of Roanoke taxes amounting to ~E~.14, and has asked that exception be ~ade to Resolution ~4393, covering deductions from ~ay- ~ ~olls for delinquent employees. T~dEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City [uditor be directed to make exception to ~esolution ~4~9~, in the case of R.S. i~ ~mith, and that balance due of $BE5.14, be deducted over a period of ten months in ~ ~qual installments. Mr. Bear moved to adopt the resolution, ~hich was seconded by ~ir. Winn and adopted )y the following vote: 213 214 AYES: Messrs. Bear, Comer, Powell, Winn and the President, Mr. Small --5. NAYS: None ...... O. i CROSS-OVER: A letter from ~!. 0. Airheart making application for a concrete !sidewalk cross-over to accommodate property at Ol? Avenel Avenue, Lee }ly Court, was ~before Council, the City :,:anager reco~.~mendlng that permit be granted. It was moved ~and seconded that the recommendation of the City ~.lanager be concurred in, and the ~following resolution offered by Lr. Winn. (~4456) A RESOLUTION granting a permit to M. 0. Airheart, 917 Avenel Avenue, Lee Hy Court, to construct a certain cross-over. BE IT RESOLVED by the Council of the City of Roanoke that a permit be, and is hereby granted i~:i. 0. Airheart to construct a concrete cross-over to accommodate property at 917 Avenel Avenue, Lee Hy Court. Said cross-over shall be constructed according to the good liking and saris- faction of the City ~2anager and under specifications to be furnished by him. The said i.~. 0. Airt~eart by acting under this resolution agrees to inde~mify and save harmless the City of Roanoke from all claims for damages to persons or ~.roi.~e?ty by reason of Zhe construction and maintenance of said cross-over. Mr. Winn ;aoved to adopt the resolution. The motion was seconded by [,~r. Bear, ~ the followin= vote- and adopted b~ ~ . A:~o: ~...essrs. Bear, ~omer, Po¥~eil, ~,~inn and the resident, Idr. Small--5. None ..... O. CROSS-OVERS: ~ cormnunication from 3. F. Hughes, making application for permis- ~'-ion to construct cc. ncrete side%','a!k cross-overs to acconn~odate a three car garage located on property at 1600 - 9th Street S. ~ ~. (Southeast Corner of Morehead Avenue and 9th Street S. E.) was before Council. The request is referred to the City l¥~anager for report and recommendation. CROSS-OVER: A communication from Mrs. A. C. Bowers, making application for penuission ~o construct concrete sidewalk cross-over for property located at 901 l:atterson =.venue S. W., was before Council. '~'he request is referred to the City Manager for report and reco:amendation. REPORT 0 = 0FFiCERS: REPORT OF ~£ CITY 5L~NAGER: The City l~anager presented report of v;ork accomDli~ ed and expenditures for week ending February 9, 19~; the same is filed. ROJ~NOKE HOSPIT~I~: The City :_anager presented report sho%Ming list of City patients treated at koanoke Hospital for the month of January 19~5, seigned by Dr. irvin, City Physician, shorting 158 days' treatment at the hospital. .Mrs. James Patterson having remained for thirty-one days, and Louise Lane for twenty-sev~n day~ The City i~anager to get report from Dr. irvin as to the patients in question. The reoort is filed. STREET LIGHTS LUCY ADDISON HIGH SCHOOL: The City i.~anagermade the following report: "Regarding request from Jacob L. Reid, attorney, asking that additional street lights be placed in the vicinity of the Lucy Addison High School ~hich is located at the Corner of Peach Road, Hart Avenue and Lincoln Ave- nue, N. ~. It is my recommendation that 1-250 C. P. street light be placed on Hart Avenue, approximately 300 feet East of Peach Road. This light to be maintained under the contract existing between the City of Roanoke and the ~ppalachian Electric Company. "I would further recommend that the School Board be requested to put a bracket light on the No~th Side of the building to be connected with the light circuit so it can be turned on and off ~hen the school building is used at night. I see no necessity of pla~ing a street light on the North side of the building." Mr. Bear offered the following resolution: (~4458) A RESOLUTION to install a certain street light. BE IT RESOLVED by the Council of the City of Hoanoke that the Appalachian Electric I-~ower Company be, and it is hereby directed to install 1-250 C. P. street light on ttart Avenue, approximately 300 feet East of Peach Hoad. Said light to be maintained under the contract existing between the Appala- chian Electric t~ower Company and the City of Roanoke. Mr. Bear moved to adopt the resolution. Powell and adopted by the following vote: AYES: l~essrs. Bear, Comer, }~owell, NAYS: None ..... 0. '~'he motion was seconded 0y ~,ir. i/inn and the President, Mr. Small --5. STREET LIGHT WAS~A AV~iUE: The City ~Lansger recoz~ends that one 250 C. P. street light be installed on Wasena Avenue approximately 350 feet East of ~.~ain Street. ~r. Bear moved that the reco~enda~ion of ~he City ~Ianager be concurred in, and offered the following resolution: (#4459) A RESOLUTION to install a certain street light. BE IT RXSOLVED by the Council of tho City of Hoanoke ~hat the Appalachian Electric Power Company be, and it is hereby directed to install 1-250 C. P. street light on Lasena Avenue, approximately 050 feet East of ~ain Street, Wasena. Said light to be maintained under the contract existing between the Appalachian hlectric ~'ower ComL~any and the City of Roanoke. ~r. Bear moved to adopt the resolution. The mo~ion ~as seconded b5~ ilr. Powell and adopted by the following vote: AYES: i.dessrs. Bear, Comer, Powell, Winn and the l'resident, ~r. Small--5. NAYS: None ..... 0. The City Clerk is directed to write the Chairman of the School Board refer- Iring the reco~muendation of the City Manager as to placing bracket light on the North Side of the ~ddison High School building. . CITM ATTORNEY 0PINId. NS: i R~dlTT~CE OF TAXES ~ERUSAL~ BAPTIST CHURCH: The City Attorney presented to l'C°uncil his opinion as to remitting unpaid taxes for years 1919 to 19~4, inclusive, Ion Jerusalem Baptist Church lot, giving as his opinion ti]at the Council cannot ~xercise judicial functions and apply equitable remedies in m~tters of taxation, but~ that relief of this nature should be through the courts in accordance with the law as made and ~rovided. The City Clerk is directed to transmit to Jacob L. Reid copy of Judge Jackson's )pinion, and adgise that his recot~se is throug~ the courts. NARCOTICS: The City ~ttorney presented to Council a communication enclosing ~ne from L~. S. Smith, Commonwealth Attorney, together with proposed ordinance to }revent the purchase, possession, sale, delivery, distribution, transportation, onation of drug known as derivatives of the plant C,nnabis Sativa L. and every salt .erivative, mixture or preparation thereof, and to provide p~_~nish~ent therefor. Mr. ~inn offered the following ~rdinance ~'or its first reading. (#rid60) AN ORDINANCE to prevent the purchase, possession, sale, delivery, tistribution, transportation, donation of drug known as derivatives of the plant 's~abis Sativa L. and every salt derivative, mixture or preparation thereof, and to .rovide punishment therefor. 215 216 It shall be unlawful for any person or persons to purchase, possess, sell, exchange, have under his or her control deliver, distribute, transport, give away, "Cannabis" includes the following substances under whatever names they may be designated: (a) Marihuana cigaretts. The dried flowering or fruitin~ tops of the pistillat plant Cannabis Sativa L., from which the resin ha~ not been extracted. (b) The resim extracted from such tops. (c) Every compound, manufacture, salt, derivate, mixture, or preparation of such resin, or of sucll tops from which the resin has not been extracted. Any person or persons violating any provisions of this ordinance shall upon ~ conviction be punished, for the offense, by a fine not exceeding Five Hundred Dollars (.~500.00) or by imprisoKna~nt in jail not exceeding Twelve (12) months, or by both such fine and imprisonment, in the discretion of the Court. The ordinance is laid ove~A'. CLAII~ F0¥,~S ~D UV~EFAUV~-iR ~C: A resolution proposing to authorize the and bill of Victor H. Friend for payment of claim of Fowlkes & Kefauver, Inc., services rendered as reporter in the trial of the case of Fowlkes & Kefauver, Inc. vs. the City of Roanoke, was before Council. The Question of the clai~ ~as discussed at some length, as to the City's seconded by Mr. Comer, the matter is re- liability, and upon notion of ~. Bear, ferred to the City Attorney for consideration and report at next meeting of Council as to the City's grounds for an appeal. i.~. Bear offered the following resolution: (#4455) A RESOLUTION directing that $100..~0 be transferred from Stationery Account to Furniture and Fixtures Account in appropriation for City Clerk's Department, for first six months of 1935, and that the City Auditor draw warrant covering purchase of filing cases, amounting to ~$1~1~06.. ~.E~, it appears that $~45.00 has been appropriated, ,_~der Ordinance #4433, for the operation of the City Clerk's Department for the first six months of 1935, designated as follows: Stationery Postage Telephone and Telegraph Incidentals Furniture and Fixtures 150.00 50.00 45.00 50.00 150.00, and '~WHEB_~^S, it now appears that certain filing cases are urgently needed for and that $100~00 can be preservation of records in the City Clerk's Departmm~t, transferred from the Stationery Account. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City ~ Auditor be, and he is hereby directed to transfer ~l~0~00 from Stationery Account · to Furniture and Fixtures Acco,mt of appropriation for City Clerk's Department for ~ the first six months of 193~, and that he is further directed to draw a warrant ! for ~14Lo0~ covering cost of filing ~ases to be purchased through the Purchasing Agent. ~I~r. Bear moved to adopt the resolution. The motion was duly seconded by D~. AY~.S. i~essrs Bear, Comer, Powell, Winn and the President, !~r. Small --5. ~AYS: None ..... 0. C0~.~PENSATION BOA_RD: The City Clerk is directed to submit copy of communication from the Compensation Board to the Commissioner of Revenue and ask him to give his Ninn and the resolution adopted by the following vote: opinion to Sections 253, 286, 317 and 299 of the Tax Code. REAL ESTATE~/~T ASSES~.IENT: A statement showing real estate assessments for 193~, which have been decreased 25% or more, and where amount of decrease is more than $50.00 as prepared by the City Clerk was before Council, showing 130 names amounting to $16,366.60, decrease in taxes. It was moved, seconded and unanimously agreed that the list be referred to the City Attorney, and that he be directed to advise Council at its next meeting what steps and procedure the City should .take to properly present before the E~ualizatio~ Board for consideration and adjustment of the items shova~ on the list. ROANOKE WATER WORKS C0}&PANY: The rresident, '..~ir~. Small, brought before Council a communication from l',Lr. S. H. Barnhart, asking that he be authorized to continue the emplo~ent of W. E. ~ells, for another month to assist him in the study and analysis of the Seville appraisal of the Roanoke Uater ~orks Company, at a salary of $125.00 per month, two months' employment having already been authorized, the 217 President stating briefly the progress that has been ~ade, and some of the diffi- ~ culties encountered, and gave as his opinion ~hat Council should authorize the continuance of ~r. Z'ells for another thirty days. The President, ~. Small, is authorized to say to Lit. Barnhart that he continue the emplo~nnent of :~. Wells for another month. LEAGUE OF VIRGINIA I~M3HICIPALITIES: A letter under date of February £, 19~5, from LLr. ;~orton L. Wallerstein, Executive Secretary, League of Virginia Liunicipalities, with reference to his appearance before Council on February 1st, regarding dues to the League, was read. The question of increasing the dues for Roanoke from $800.00 to $1,0~0.00, as suggested by L~. Wallerstein, was discussed at length, it being finally ,~enimously agreed that the President communicate v~ith the L~ayors of Norfolk and Richmond, vhich~ cities it is understood have not as yet made an app~opriation to the League, and report his findings and reactions. CURB };~A~KET: The City 4ianager brought before Council a request from the Clerk iof the City l. Jlarket that the East Side of Nelson Street and the West Side of -.Wall iStreet between Ca~.rr~bell and Salem Avenues be included in the streets used as a curb market; and also Salem Avenue bet~een Wall Street and Jefferson Street. The City ~lanager reco~mends that ~he Nelson Street and ~ Street areas be designated, but was not in favor of using Salem Avenue as a curb market. Council concurred in the City Manager's reco?~nendation, and the City Clerk is directed to ~repare ordinance for presentation at next meeting of Council. The President, l~,ir. Small, brought before Council ruunblings heard )n the street of another ~alkathon coming to Roanoke. After a discussion of the matter and revie~'~ing ordinances now in effect, the City Attorney is requested to ~repare and submit at next meeting of Council an amendment to Ordinance ,~i307, deal- ing with Walkathons, or such like exhibitions, raising the license tax of $20.00 ~er day to $100.00 per day. There being no further business, Council adjourned, and Friday, February Z~nd, ,eing a Legal Holiday, (Washington's Birthday) unless an emergency should arise it ~.s understood no quor~m ~ill be present, and the regular meeting of Council will ~ot be held. APPROVED President 218 ~" REGULAR MEETING, COU~,CIL, Friday, l,~arch 1, 1955. The Council of the City of Roanoke ]-~et in regular meeting in the Circuit Court ~Room in the L:unicipal Building~ Friday, l,[arch 1, 1955, at 2:00 o,clock p. TRES~iT: I.[essrs. Bear, Co:,~er, }-'o%'zell, Winn and the iresident, l.Lr. S~mll --5. ,LBS.;?: ]-:one ..... O. " "- S~:mll, presiding. The :-resident, ...~. O~FIC~Ro r~,o~,~. .,. r. City L:anager. . ~..~..~_~. Attention ~as called to ~esolution Ho. &&SO, transferring certain fuads fro;.~ Stationery account ~o Furnit~e and Fixtures in the City Clerk's Depart- ~.~ent, as adopted at the last meeting: i.~. ~;inn offered a :uotion that the a~ounts of ~95.00 and ~1Z3.42 be corrected to read Q100.00 and ~141.06 res~3ective~. The ~uotion ~as seconded and ~ani~ously adopted. It appearing that a copy of th~ ~inutes of ~he previous n~eeti~ has been furnished each ~:%e~ber of Council, and u~Don r.~otion by l.~r. %';im~, seconded by L~r. Come~ the reading is dispensed %':ith and the ~nutes a2proved as corrected and recorded. n~'!~ 0~ CITIZenS 01'; PUBLIC :L~u~L.E G. ,,~z~: Judge H G ~]~ittle a?Deared before Council, statzn(; he had a ~atter he would prefer to discuss privately. The Fresident, LEr. S~ll, state( that it is contrary to the policy of Council to have executive sessions on ~tters of ~ublic interest, and this particular order of business is provided for public hearings, or states~ents that ara to be ::~ade in local matters of ~ublic interest, an~ ,.~.. ,.:~a~ thc feeling of Council is for an executive session that he ~-~ not knov~ just-"'- ' · L~. ~'~i~ ~oved that if Judge ~'~ittle has some important ~tter to discuss privately with Council, that Council adjoin for a fe~ minutes for that purpose. Th( raotion ~'.'as seconded by ~r. Co::~er and adopted by the follo%';ing vote: ~o: L~essrs. Bear, Cozier and ~o: Lit. Pou-ell and the ~resident j'-~= ',,hittle retired from Council Room after private conference, no discus- sion coning before Council in open meeting. o'z'n~ CLOSIi'~G: L[urray .~. Foster, Attorney, apoeared before Council and pre- seated petition of J. T. Eanes and J. T. Eanes, Junior, to close that portion of 4th ~treet S E , (also kno~Jn as 4k ~ . . ~ Street, 7th Street and 7~ Street) 40 feet in ~idth and 100 feet in depth, lying between Woodland (Church) Avenue and a 30-foo~ ~alley, someti~es called i~irk Avenue, and that five viewers be appointed, as provided :by Section 2059 (9) of the Code of Virginia. The petition and pact. ers are received by Council to be taken up in the proper order of business. HOL:~TOZ: L:r. '.i.H. Herren appeared before Council and asked that a Corn- ::~ittee be a>~.pointed to confer %Tith the Uater Company %~ith a vie~'~ of having said company furnish the -Door and needy ~ater vJithout charge, particularly those ~ho are unable to pay rental charges on property they are nov~ occupying, stating that he ha( at the present time about t%';enty or thirty houses occupied by families too poor to i. pay rent, and he felt if the Uater Company %'gas approached by a Committee from Counci 'that they uould be able to obtain ~':ater without charge. It x.;as the consensus of .! opinion that this ~'.~as a que_'c]_on that should be handled through the "3~ergency Reliel 1 and not direct by a Committee from Council. JEFFERSON ~' ~' ~' ~R.:,,:T BA_DTIST CHURCH: Rev. John T. Coburn, pastor of Jefferson Stre~ Baptist Church, appeared before Council asking that he be .granted permit for his church to build a log cabin on their property on Albemarle Avenue. The President, L:r. Small, directed that he put his request in '.';r it ins to Coun- cil, after which same would be referred to the Board of Zoning A_opeals for investi- gation and recommendation. ~ "T~ ' ~T. ~ ' ~', · ?TO~. RO.,l,iOk,~ 'I13BERCULOSIS ASSOCIATIOiI: A communication signed by ;~rthur B. Richard- son, ;~resident of the Roanoke Tuberculosis .~ssociation, %:,'as before Council asking that a com'p~tent physician be appointed by the City Council to fill vacancy created by tl~e resignation of Dr. Fred F. Oa~t, Chest '.-'h~sician for the City of Roanoke. Tho question is referred to t]:e City" ' :...anajer for consideration to bring up for some determi~uation at next m~eting of ,'Jouncil. t ROfE..[OilE TL~_~RCUL,JIS ~.u~,,..~¢.... ,, co,~m~unication signed by Arthur B. Richardson, ~-resideut of the Roanoke Tuberculosis .,ssociation, ~','as before Council, asking that the ~ssociation be permitted to remain in the L[unicipal Building !~,e~..uanently, and, ~- posszble, ~n _.~oom 8, and that another place be provided for~,e lurchasing Depart- {~ent at an early date. The i~resid~nu, .,=~. Small, stated that it ',vas essent[a! that the City have that ~pace for i,[r. Tucker to conduct the purchasing activities of the City, and that he I.'ould re%uire the entire space; that the present arrangement %';as su~.3posed to be a emporary one, and it %';as hoped the City v~ould be able to restore the prese'~t space o the Tuberculosis .=ssociation, if and %'~hen other s%u[tab!e space is available for ;he Purchasing Department. ~'~DIO POLICE CAIb3: Advertisement having been published for sealed bids to fur- nish and install i-olice Radio equipment for the }'olice Department of the City of ~oanoke, bids to be opened at 3:00 o'clock p. m., on i,[arch 1, 1935, and the hour being 3:00 o'clock the follo%';ing bids having been received, %':ere o~.3ened· Graybar Electric Company, Richmond, Va. The Game~ell ~ompany, Ne~'Jton, :,-~as~. Engleby Electric Company, inc. Roanoke, Va. Federal Laboratories, Inc. Washington D. C. General Electric Corapany, Roanoke, Va. ~Collins Radio Company, Cedar Rapids, iota'a, $3,761.20 5,165.00 5,507.20 5,762.00 4,735.65 The bid of the Collins iqadio Company %;as ~uled out as sa~ue was not accompanied certified check of $200.00, as required by the specifications and advertisement. It ~yas moved and seconded that the bids be referred to the Radio Co~ittee, ~oDnposed of City Llanager Hunter, and Councilman Bear, %';ith the request that the urchasing :~gent tabulate these bids in collaboration %'Jith the Electrical ins'.3ector 'or recommendation at next Friday's meeting, preparatory to a~';arding contract. SETBACK LINE: k communication signed by J. S. Sherertz, ~Lttorney for John A. ~ucas, %;as before Council, asking that Council take the necessary steps to fix the etback line on the Jcuthside of i.[elrose ~venue, bet~'een llth and 12th Streets i;.;J. The City Clerk is directed to sen.t copy of the Zonin~ Ordinance to ~r. Sherertz, iting provisions of the Ordinance covering his particular case, and adyise that mtil such time as this district is changed, Council is without power to r:mke any ~hange in the setback line. Later during the meetinf: !~[r. Sherertz a:opeared before Council personally, and was advised of the action taken by Council. I,~..o~_~UC~IV~. VISITORo..~U_qo~o ,'~SSOCi,z.~±~i,. ~'~ letter from the Instructive Visiting Nurses Association e.',c~;ressing the appreciation of the ~ssociation for the increased 219 220 !appropriation made by Council is filed. ANti,tLS-GOATS: A comm~lication from A. R. Clark 623 Wycliff Avenue S. R., complaining of a goat pen in the orchard directly in front of his property ~'ias befox i. Council. It was brought out during.~ the discussion that the o~:ner of the Ooats in '.Question is a teacher in one of the City schools, and the City Clerk is directed to refer sa~:xe to the Superintendent of ~chools with the suggestion that he ascertain 'if it ~,'ould be possible to have the o;'aler divorce himself of the goats, and that he make reply. POLIC~',L'~q ~,. ~. NE,,T~,.,. A letter from Jack Elliott, 4~0 ~.larshall Avenue ~:..mj., registering complaint against police officer ,. S. Newton, uas before Council. The comp. laint is referred to the City Manager for investigation, ~,,'ith request that he reoort back to Council any action teken as a result of his investigation. ., . · -~ Chairman of the gchool Board Three letters from . ? Hazle~ove, ai. provinj of the action taken by Council in appropriating Q400.O0 for a school nurse ~t.e ol:eration and maintenance of the t~ld i,~ost Office Building and ~ho ass~:stion of ~ the z-5, x,'as before .~ouncil The letters are filed. letter from '..~ J. Scruggs, Delinquent Tax Collector, ~--~ '~ z!-~ _ i[. ~:. Nichols for work oooetner wi receipt for wS.O0 re'~rese.,utins amount oaid ~fiss iu connection with ~ ' _,ax De3artment ~.as be:ore Council, . ocrug~s asianC that he be reimbursod for the a.,vount !:aid personally. offered the follo',:ing resolution- '~, ......... ~'~ " = $cruggs, Delinquent Tax Collector (,~6~) .~ :-~O~,~iON to refund .... ~,. ,. reDresentinc mu~ount personally D. aid lliss ld. Z. i~ichols for v:ork incident to the Delinquent Ta:~: De_.~art:.~ent. ( For full text of -~esolution see ~rdinance Book i~o. 8, lage Z4_~i). ',,'inn moved ~o adopt the resolution. The motion ~vas seconded by i'.:r. Comer and adopted by the foilov'!nfj vote. AYES: l.lessrs. Bear, Comer, t-'owell, Linn and the i-resident, ':r. Suall --5. communication from .... ~. Scz'uggs, Delinquent Tax Collector, asking that he be par_mitted to execute bond for .~10,000.00 instead of ~25,000.00 as heretofore }rovided ~as before Council. On motion of l.lr. Bear, seconded by iir. Comer, the matter is referred to the Cit ,..anager and ~-~5 _,uditor ~'~z~n request tha matter be considered and report back to Council at its next meeti~S. R~FLi[D ,£~'.~ ii;,~B:~--', ,: ,,~ iLR~. H. ii. REi]D: A conm~unication from i..[. J. Scruggs, Delin- quent Tax Collector, asking that refund be nmde to ].irs. H. H. Reed for duplicate personal property tax for 1951, ~:as before Council. The City Clerk is directed to investigate, and if found correct prepare resolu- tion for presentation at the next meeting of Council. communication from the ~Shenroke Skeet Club, asking that permission be granted 'to use a portion of the old Cannaday Farm as a Skeet field. Ti question is referred to the City ,~ttorney with instructions to dete~aine if the club is incorporated and ~illin~ to execute an agreement inde'm~n_ifying the City from all ; liability that might arise from the use of the property by the Skeet dlub by payment a small rental charge, and also if ti~e leasing of the field would in any ~ay affect the possibility of tax re.,.-mittance on the property by the County. L',,,.=U~ OF ViL:GZ.!~z~ ,..IL,~.~_P:~LIzI~o.:'~:' The question of increased dues to the League ,e of 221.. of Virginia unicipalities referred to the i-resident at the last meeting., of Council was again given attention, and letters frc~a the i.iayor of the City of llorfolk, and the i.:ayor of the City of 2lichmond, in connection with the matter was read before Council, both indicat-Inr; that these t~':o cities do not contemplate paying the increased membership fee assessed against them. Upon ~:totion of ~.2. Comer, seconded by i.2r. :owell, the ]ity Clerk is directed to notify the League of ~trginia ;.:unicipalities that the question of increased dues from q)800.0O to ,~;1,050.00, has been given thorough consideration since the appearance of ~..r. ;,allerstein before Council on February 1, 1935, and Council does not feel tha~ it is in '~osition to further increase its appropriation for t~tese dues at this time.~ R0~.,0i~ G,JJ LIGtiT C ....... · _ o~..~-~. ~n ap olication for permit to open street on .'.udubon [toad, 6outh Roanoke from ~'~venham ~venue, East ,BO0 feet to dead end for purDose of laying 4 inch gas main was before '~ouncil, the City ':anacer reco~.m.~.ending that the ~ermit be granted: -i . Mr. Comer offered the follox'J_ng resolution. (1~4467) A ~,~.~' ' ,',~ ,v~.~:~."' grant~nS' a De~it to the Roanoke Gas Light Comlmny to in- tall a four inch uas main on .:udubon ~oad~ ~;outh iXoanoke. ( For full text of Resolution see Ordinance Book i;o. 8, page 244 ). i;r. ~omer moved to adopt the resolution. ~he motion was seconded by l.~r. ,,'inn nd adopted by the follox, zn~ v6te: .~.~o- Messrs. Bear, Comer, ~o~')ell, .,'inn and t~he ~resiSent, ilr. ~.m.a!l --5. NAY;~: None ...... 0. R0:Ei~;~; G.'~ ' '"'"'""" "' ~uz:~ ~,~.~.Y: ~'m apDl~cation for 2erL~t to open street on Cassell i me, 3outn' .{cano~:---'"--, from ~venham Avenue, East, on Cassell Lane to dead end, 200 feet ior pur-i:,ose oi' laying a 4" gas main was before Couuci!, t'e Jity :'anager reco:m::endinc the zermit be Granted. i~,~. Comer offered the following resolution: (#4468) A R£60LUTICiJ granting a per._it to the i'.:oanoke Oas Light Company to in- stall a ~'our inch gas main on Cassell Lane, South Roenoke. ( For full text of ~ ~,=solution see Ordinance Book ~:o. 8, lage 244 ) . · ;.Lt. Comer moved to adopt the resolution. The motion was seconded by iLr. ¥linn . ~nd adopted by the follo¥,'ing vote: ~,~o"~ .....: ~.~srs~:~,:. Bear, Comer, ?owetl, ',/inn and the Z-resident, i.:r. S,nmll --5. NAYS: 1,~one ...... 0. i{~r0~T 0F OFFiCER~: P,~01XT OF ~,~.4'.: CITY_ "" ' ~ .... :,,~.~.IAG.',.R: The City Manager presented reports of work accom- :~lished and expenditures for weeks ending Febr0.ary l~th, and February ~l, 19~5. The ;ame are filed. BUERF, T,L i,,~0RI;~L HOSPiT;LL: Burrell l.:emorial Hospital report for month of January L935, was presented by the City ~ianager. The same is filed. CROSS-OVER: The City Manager race.ends that application of Mrs. A. C. Bm'~ers ' for permit to construct cross-over at 901 Patterson /~venue be granted. Mr. Comer ~aoved that recormaendation of the Cit'~ 12anage~ be concurred in, and offered the following resolution: ~.i'_~ ' ?TI'~ ,~ . (#4469) A R~uL,~IuI,~ granting a per,.~t 'to ::rs. A C. Bowers to construct a car- rain cross-over at 901 Patterson Av.,.:nue S. ;,.. ( For full text of Resolution see Vrdinance Book i~o. 8, page 244 ). ~,2r. Comer moved to adopt the resolution, the same beinc seconded by i,Lr. Winn, 222 and adopted by the following vote: AYZS: Messrs. Bear, Comer, Powell, Wim~ and the Presideat, Mr. Small--5. NAYS: None ..... O. CROSS-OVER: The City Manager recmmnends that application of $. F. Hughes for permit to construct concrete cross-over at 1600 9th Street S. E., be granted. idr. Winn moved that the reco,.u~endation of the City Manager be concurred in, cross-over at 1600 - 9th Street S. E. ( For full tex~ of Resolution see ~rdinance :..~..,~nn moved ~o adoot the resolution, and offered the follo~ving resolution: (#4470) A ~:~,~_I~', grant~ng a oermit to ~ F Hughes to construct a certain Book iio. 8, page ~). the s~le being seconded by l.!r. Powell and adopted by the follo¥~in~ vote: AY£S: 12essrs. Bear, Comer, ]'owell, Winn and the i'resident, ~.%r Small --5 None ..... 0. LIGHT Li,Ct~, .=~,U=: The City i.lanager reco~.m~ends the installation of one 250 C. P. street light on Lincoln Avenue approx~mtely 450 feet Uest of Devon Road, Lee-l~'y Court. .,.T lowell moved that tixe recoLm,~endation o_, the ~e~ Manager be concurred in and offered =~ ~, fo!icY:inc, resolution: (f~4471) A R.g0LUT!oi[ to install a certain street light. ( For full text of i~esolution see ~rdinance Book I~o. 8, page 245' l.:r. i ovJell moved to adopt the resolution. The motion ~Tas seconded by i. lr. ~'inn and adopted by the fo!lo¥~inS vote: ~: l.lessrs. Bear, Comer, Powe !1, lJim~ and the 2resident, i...ir. Small--5. I,LJfg: None ..... 0. T~E.LICABS: The City i.Ranager presented his vJritten report with reference to ncr rates for Taxicabs in the City of Roanoke, as presented before Council by T. E. Roberts, i[anager of the Virginia Taxicab Company at the last meeting of Council, proposing a n~inimu~ rate of t%Jenty-five cents for the first nuile or fraction thereo ten cents additional for the second mile or fraction thereof; and fifty cents for any distance ~Jiti~in the city limits greater than t~o miles. Et ~.'Jas moved, seconded and unanimously agreeu that the recomn,~endation of the City iianager be concurred in, and that the City Manager's reconm~endation be referre to the Cit~? :=ttorney for incorporation in an ordinance, the same to i~ovide that every cab carry a poster or sticker setting forth the minimum and maximum rates. CLAW2 F0',,'LKEJ ~21D i[EF&UVER, Il.lC: The City Attorney presented his written repor as to Vhe claim of FoYjlkes and iLefauver, Inc., vs. the City of Roanoke, r e c oramend- ~ ' ~ ~ty · ing ~hat ~he ;'~' pay the claim v,'ithout further litigation After a discussion of the question as to ¥~'hether or not the City could invoke provisions of ~rdinance No. 4444 for delinquent taxes due by members of the firm of Fo%~'lkes and ilefauver, Inc., against the amount claimed by this concern, i~r. Bear offered the follo~';in~g resolution, ~ith request that copy of same be furnished the Delinquent Tax De-~Dart~?_ent and the Treasurer for purpose of ascertaining amount of delin~uent taxes due by J. B. Glenn, and that the provisions of the offset ordinance be invoked in this incident: (~4466) A RESOLUTIOH directing the Auditor to draw a voucher covering the claim of Fowlkes and Kefauver, Inc., and also a voucher covering the claim of Victow H. Friend for sea'vices rendered as reporter in the trial of tl~e case of Fowlkes and Kefauver, Inc., vs. the City of Ro~oke. ( For full text of Resolution see Ordinance Book No. 8, page 24J ). Mr. Bear moved to adopt the resolution. The motion vms duly seconded by L[r. Comer, and the resolution adopted by the follor;ing vote: AYES: ~.iessrs. Bear, Comer, i.owell, Wi~ and the i~resident, IZr. Small ---O. NAYS: None ..... O. TR~o~RER: At this point C. ~t. Kennett, Treasurer, appeared before ~o~cil and p~esented report of taxes collected for the L%onth of February 19~5, as compared %~ith February 1934, show~g an increase for 1935 over 1934 of $7,4~0.65. The report is filed. The Treasurer also asked for definite advice for invoking the provisions of Ord~ance ~/4444 for ~ployees and others delinquent in their taxes, as to %'~heth~r or not he v;ould be peE~dtted to use his best jud~ent, or if th~ provisions of the ordinance should be invoked iuz'~edi at ely after the taxes become delinquent, having in mind taxes no~.~ due, and particularly %vith reference to the question previously raised by ~ne Central .~.anufacturing Company. After a lengthy disc~sion of ~ _ . ~ euestion, iLr Kennett %Jas told that Co~cil had no objection to his using his best jud~n~nt in invoking the offset ordinance, but that Council ~.~ight later ask to take a different course if it concluded that his judgn~t ~'Jas in error. ~.~u~~=~_, B0~RD: ~rhe City ~ttorney presented his written report as to th_e proper steps the City should take to present before the Equalization Board n~mes of property o%Jners shorting a decrease in r~al estate assessment for 1935, as compared with the assessment for 19J0, and subsequent years amo~tin~L~ to twenty-five percent .or more, %~;ith amounts of rS0.00 or more. The City Attorney ca~ed attention to Sections J&~ and 346 of the Tax Code as to the proper ~am~er for dealin~ ~?ith this question, and it appearing that this ~Drocedure having already been follo%~'ed; the co~m~unica~ion from th~ City ~ttorney is filed. o~inion dealim~ wi~h a D~oposed ~en~en~ of ;m~iele ~. 3ecZion 1~ of ~he ~onin¢ O~din~ee, as Dreviously DresenZed bi ~he ~oard of Loninc A~p~eals, ~he City reoo~en~in~ in ~he final ~ha~ for ~he Dresen~ ~he ma~e~ be permitted ~o rest. The ,City Clerk is di~ecZed ~o send ~o ~he Board of ~onin~ .=ppeals cody of ~he City A~orney's eo~ieazion Tilth reference ~o ~heir D~oDosed ~en~_en~. REi~ORT OF C~,~.~E~: Hone. CONSIDEi{~TICN OF l.:r. Bear offmred the following Cr~inance for its first (~4462) ~,i O~Oii, Ld~C~ to designate certain streets of the City of koano~e to be aged to Srovide fo~ vehicles from T';hic~ farm and domestic D~oaucts are offere~ for sale. B~ IT OHSA~j~ by th~ Council of the City of ~oanoke that the follo~ing st~eet~ be, and are hereby designated for ::mrket purposes for vehicles from r~hich farm and domestic products are offered for sale, nanlely: 223 2.24 East Side of First (Nelson) Street between Cam_pbell Avenue and Salem Avenue, and ',,'est Side of ',/all Street between Calapbell Avenue and Salem .';venue, and the same 'are hereby set aside for the use of producers of farm and domestic products. Any person violating' the provisions of this ordinance shall be fined not less ~than ten ($10.00) dollars for each offense. The ordinance is laid over. The iresident, 2~r. Small, offered the follo~ing emergency ordinance: (#4461) ~'dl 0RDINAi,ICE to levy a license tax for conductinj, managing or Promoting a marathon daacing or ;~alking contest, marathon dance, si;~;ilar phl. sical endurance contests. ( For full text of crdinance see Ordinance Book Uo. 8, page 240 ). walkathon or other Hr. Small moved to ado'ft the ordinance, ihe motion %'as seconded by Powell and ado_ted by the following vote: /~£2~;: i. Eessrs. i~owell, '.,inn and the i-resident, '~. Small---5. i[AYL: i.lessrs. Bear and 'Somer ~..~"-~. :,'inn o~fered_ the following as an e]::ersency ordinance-. -: ~-¥,~-.-,,~v to provide for the licensing of slot machines and provid- (~4405) ~: u,t~_,_.~,:,~ ins for the e~'n'orcement of this ordinance and for the punishment of violators thereo ( For full text of Ordinance see Ordinance Book i[o. 8, !.',.aGe 241 ), moved to adopt the Ordinance. The motion ~':as seconded by ~lr. Comer, and aio~ted_ by ~n~ fo!lo¥:~_no~-. vote- ~_~: ].]essrs. Bear, OolEel', ]'dwell, :iinn and the lresident, l,lr. Sr.'mi1 --5. NOlle ...... 0. The follo~,!ns ordinance having been introduced, read and laid over %:'as taken up and again read: (,~4460) Al:~'~:~'~,~_.~,--~,,~ow~ to _~orevent the purchase, possession, sale, delivery, distribution, transportatiox, donation of drug kuown as derivative of the plant Cannibis Sativa L. and every salt derivative, nixture or preparation thereof, and s rk.~e:,t therefor to provide puni ' ,- . ( For full text of Ordinance see Ordinance Book l:o. 8, page l,lr. Comer moved to adopt the ordinance. The motion was duly seconded by i'.:r. t:o~ell and the ordinance adopted by the fo!lo~;ing vote: "~'~- ~owell binn and the ?resident, i.M. Small --5. ~. l..essrs. Bear, Comer, , -~.,~..,G~{CZ RELI' ADi. IiiiiSTR~TION: .~ %etter from :.ir ,illiam . smith, Administrator of the ~aergency Relief ~dministration, of Riclm~ond, Va., asking that the $otmcil of the City of Roanoke make application for supplementary funds amountin to ~75,000.00 to carry on relief ¥;ork in the City of Roanoke for the %uarter ending 51arch 51, 1935, ¥:as before Cotuucil, [.ir. ',;inn offered the fo!lo¥~ing resolution: (,~4465) k RZSOLD'2IuN to authorize the application for funds under the ~rovisi of the Federal 2m. ergency Relief ~ct of 193~. ( For full text of Resolution see trdinance Book No. a, page 240). .;lr..,~nn moved to adopt the ~esolution '~'he ~ ~' .... . ~.~o~on was duly seconded by 'ir. Powell and the resolution adopted by the following vote: AYES: !.iessrs. Bear, Oomer, i:owell, Winn and the President, !.~. Snmll -5. None ..... 0. ~a~D .ioC~LL.~OUo BooIN~oo: POLICE 9~' ~''*'''~ * ' : attention of Co~cil :: _~~- SCHCOL'. The '~ity~ i.!anager brought to the that the ~olice ~raininl 3chool ~':ould conduct a finger Dr~ting demonstration on C 1S Tuesday, March 5th, between the hours of ten and one in the morning, and seven and ten in the evening, and wished to extend an invitation to members of Council to be present. The members of Council expressed their intention of attending the evening session. BUS TEPJ.:Iit,kL: The !:resident, '~r. Small, brought to the attention of the City anager, and ~ouncil, that the Bus ~er..~inal ~:as still operating on Church Avenue. The City Clerk is di~,'ected to communicate with ~Layor Bright of Ricbm~ond and ascertain stei~,s taken there to correct a similar condition that existed in Richmond CATCit BASII~13: The ~resident, L:r. Small, blmou~ht tO the attention of the City ..Lanager, personal com_~laintz of merchants on Ca~L[~bell .~venue, as to the cleaning catch basins during business hours. It was deteE:~ined that this work could bo done just as well at night, and tho City ]~,anager was so instructed to do so. STREET CLOSING: The question of closing street as presented by !durray ~.. Foster .~ttorney for J." Eane~ and J ~' , ~. . ~. ..~anes, Jr., to close a portion of 4th, £treet ~ ~., previously beret8 Council duz~n.o the meetzn~ was again brought up. iAr. ,inn offerinC the follo~';ing resolution '_'~roviding for a~Apointnent of viewers, it being understood that petitioners x':ould bear all exA~enso incident thereto- (~4492) It appearing to the Council of the '~' - ~zty of _~ioanoi~e, Virginia, upon the 0etition of J ..... ~..' Eanes and J '~ ,~anes, Jr., and exhibits thereto attac..ed~ that they did duly and legally ~oublish,_ as required_ by sections 0°'~0 and 20Z9~ (9} of the· ~ode'~ of VirGinia, 19~0, a notice of application to the Council to vacate, discontinue and close that portion of 4th ~treet j. E., hereinafter described, publication of ~';hich ~:'as had by !~.ostinc copies of said notice of ai~plication at the front door of ~he coturthouse of the Kustings Court for the City of Roanoke, Virginia, and at two other i~!aces in the neighborhood of said property, as provided b~.~ said sectio~:_s of said code, all of~fl~ich is verified by an affidavit attached to the petition; and ( For full text of Resolution see Ordinance Book }~o. 8, page ~&6 ). L~. :'~inn ~.~oved to adopt the resolution. The notion .-~as duly seconded by Comer, and the resolution adoi:ted o~. ~.~e fo!l.o~;in~g vote: ~o: ~.~essrs. Bear, Comer, Yo~,:el!, Wim~ and the ~.~resident, i~. Small --O. There being no further business, Council adjourned at O:~0 p. m. ~PPROVED President Friday, February £2,~d.. , L'ashington, s ~r o.~a=~.,, bein.~'~ _~ _~_~ =.~'a! holiday, e %uortuu no t bein~ ~r .... "-' ,.., _ ~ esent the ~-aeo~nc adjourned to r~.eet Friday, ~,:arch !, 1935, at o'clock 13- m. APPROVED Tres ident ' 25 226 COUI~CIL, R',~GULA~ 1,,~',-I:<o, Friday, March 8, 1935. The Council of the City of Hoanoke Llet in regular meeting in the f'jircuit Court Room in the i. Lm~icipal Building Friday, L~arch 8, 1935, at 5:00 o,clock p. m. .~o~,&: i~one ...... O. i'o~;e!l, ',;imf,and the i~resident i. Lr. 3mall --5. The~ ''~ '-~"u~zdent, i. Lr. Small, presiding. -- '-','-~.-. ~,,e ,..Iovious meeting has .-.i~,~,~. It a~-?earins that aco-,, of the minutes of '~' '~' ~' ~OU!lCl!, u:)oll motion or ~..:r ,~_nn, seconded b,~ Mr. been furnished each ~_..o_,bcr of ' m'lel!, the rea2ins is dispensed ~';ith, and tho mznutes az?roved as recorded - '.r. Small, stated at this order of business, The resident, Couucil ~,.'ould hear re'2ort of tho lladio Conr?.ittee appointed fox' tabulation of bids for l'olice Radio submitted to Council at its r:eeting on l.:arch 1st. The fol!o¥:ins re?crt ,,.'as read and made a fart of the minutes of tl;e meeting. "'The ~o~_z?_ittee alL,o' '~ '~ ~,-~ed to tabulate tl:e bids submitted to Cotmcil at its :..:eetinj, l:arch 1st, for l olice imdio, has tabulated the bids, an:] ~ft~:~ due consideration bez ~eave to reco:m;~ena ,.na~ the contract be a',.'ardea the General ~!ec~rzc ~o_:_~an. at their bid of .,~4,735 65, and one set of e::tra tubes at ~148.29, :.:ml~inv a total of ~4,885.94. "The co:-:m:ittee is or ~'~ _ ~' _ _ ~!.e o'.~inion ~nat the ?urchase of this eeuii~ment ~:il! be to t'~e best interest of the Cit~' '_.ne co::m~ittee also re-.:.o?ts z:-mt the bid of ~n= ~no!eby Electric ~u.-u.'=.-~ ~..'as x'~=~h~.r~un oy letter received the r_o~ninc of .arch 8,1935. Before adoi~tion of the re.?.ovt by oounci!, 'ir Wall:er, ze_..,~sentin:~' the Graybar Electric ~or.~.v'any_ ,"as,. heard, as ',:as i.lr. Hines of the General Eq_ectric Co:'.:~,any, and l.ir. _-~rch of the Gmme'~';e!l Com,.any, each settin.[i forth the merits of their bids on the al er · -- '£. . ~oauo:~e iiardxJare Com~.~auy sups:.orted .... _ :;£ . ;,__-"~__ :...~o..os~d ecl'a~-Z;~.:~.n~ i~r. Woody or the '~ ' '- _ of the Oraybar Electric Company that before the contract ¥.:as awa','ded that Council cive consideration to a~'..-arding separate contracts for the Transmitter and the Receiv. in:j Sets. Upon motion of l.~r. Comer, seconded by '.r. !-~o¥~'e!l, the re'port and reco:,~aendation of the cT_muittee is a~.o_~ted, and the contract for the installation of the complete job -~s a::arded the General ~!ectric '~ ~'"~ ~' u:~ir bid ac '" ~o_.~Dan., at ~'~= cregatinc ~4,885.94, by the follo¥~i ns vote- ~,YES' ilessrs, Dear, Comer, l:mTell, ',,'im~, and the ~resident i?. Small--5. ST ~RE~ '~- ~ "-" "'~ ~oz~.~: L'urray .,. Foster, -ttorney, aGpeared before Council and pre- sented necessary ~°-*.~"~ ' ' ~.~.~ aha draft o:_ ~'l;-~]inaD. ce fol- the closinE of i~ortion of 4th " ~' ~ T. Eanes Jr. before Co,oil at Street ~., as o etitioned by J. ~' Eanes and ~ a i~revious ~eeting. The papers and ~.roposed Ordinance referred to the City Attorne for ~=~=~.tion, and to take uo in re,~u!ar order of business during the meeting ' ? ..... '~ "'~ '~' ~' " Hy!ton, Trust '~fficer of the Colonia!-f~meric ![ationa! Bank, ~b:ecutor Estate of E. ~. :.horley, appeared and ?resented a letter, ~'..'hich ¥,~as read before Council, askin~ that lot on the northeast corner of Highland" m~nd 6th otreet ? ' · ' ~. ~., nnown as Lot 7, ~ect-~on 52, Belmont, no~ classified as Resi- 'dental District be changed to '~' ~. ..,usiness proper~'~ n 'enue i.:r. tiylton %-~as advised by the 2'resident of Council that his cor~unication woul be trans,..'..itted to th,~ Board of Zoning ,',$~pea].s with the request they give the matter: their consideration, and reix)rt to Council the result of the investigation and reco:.~:~endation, after which it would be necessary to give fifteen days, notice advertisement in the news-:~er, and if there was no objection to the change ther~ ~'~as a possibility his request might be ~anted. ~o~.~h~o:H. 1~. Fultz, ~e~,~ese~.tin~-thc '_ey-~trim Zotor Conoany, anpeared before Co~ucil, stating he had a comi,laint to re"iatey aEa~st the 'urchasinc Department. However, before he had rsgistered bls comzlaint, the ~rcsident, ~r_~all, stated that he had discussed this ~'atter ¥~ith :.2r. i.ey in an informs, al way, and that he had advised o r. i~ey the r:,atter %'~ou!d be investigated, and it .might develol} that Council %,'ould like to have the local automobile dealers who are 3ar- ticu!arly involved in this situation to come ul.~ and sit do'.an and discuss the situa- rich. 'fha question is left in abeyance. communication Crom john r.,~. Coburn~ ~stor of Jefferson ~treet Ja-Dtist Church, 1102 jefferson Street, before Cotuncl!, civinz details of log cabin for which he recently~o~.~,~-=~ ~h=t _ermit':. be -Lr,=nted'--- to build on thc church i:.,roi:ert~ on ~lbemar!e .~venue, thc qy~estion involved being that of build""~" ~;at '~-',arzicular fire ,.o~,-e -.. =" _ ~'~"~ ~+ :! and Uzon motion of 'h-. ',.inn, seconded b~-',r. Bear, ~:e recuest is o_~,~e , the ,~it~. Clerk is directed to vrei:.are resolution fo!!owin, as c!ose!-; as mossible the resolution grantin.~ the Virginia iZeichts -2'a_~tist Church _.:~er:.~_ission to build a cabin on their ':3roj~erty, %:hich is built a!onc the s~:~o lines as the one '3rozosed ~o~ tn~. Jefferson Ctrseo Dautist Church id;~L'~LS GC.,TS: .~ cormuunication from D. E. i,:c.;ui!hln, OuD, erintendent of Schools,. ~;ith reference to c.n'~_p!aint of ._. i{. Clark of a goat pen on Uycliff Avenue, before Council i.lr. i.lc%uilkin stated that he had conferred %':itl~ i[r. Jones a teach,= in the Roanoke schools, and he had been advised that tVe goats had been taken to the country. The co~'~unication is filed. letter from ';. '... Barker :.:mkin~ .... avvlic=~'ozon for :~er.._zz-, - "' ' to con- st~uct a side~:al!-: cross-over to accors?_odate ~rom~t,r at 1210 Stewart .venue ,.=s eof ore "-' ~ .~ _~+ be .~ranted it ._,ounci!, ~:~ ~zty [:anaz;er reco;.u.~_endin~, that the ~- .... ~ ~ . was '-'eyed and seconded ~nat the reco;;s;.;endation of the ~"tv -- =' ...... an=oei be concurred in, and tb_e fol!o~','inz resolution offered b!-]r. '..'inn: ~arkor, 1210 Stewart _~venue ~. ~., to construct a certain cross-over. B.: iT -'-': "-~ .... _ ~ ~ " o:..~t a per~.~it be, and is ~o~.~ by the Council of the City o hereby granted a ~ ~ ~- ~ ~-,~ .~. ~ ~. u..~ar:,~er to construct a cross-over to acco!;~,odate z~ro~..~rt~, ac 1210 5te~:,'art Avenue o...,. tion of the City Lianarger and under sz, ecifications to be furnished by D_i~z. The said G. C. Barker by actin~j under this resolution agrees to indemnify and Said cross-over shall be constructed according to the good liking and satisfac- save harmless ~ne o!ty of '~ '~ .;oano~e from all clai~ for da:-mrres to worsens or r, ro~:rtV; by reason of the construotion and rmintenance of said cross-over. '~ he motion ~:~as seconded by ilr. Bear, 12r. Winn moved to adopt the resolution. and adopted by the fo!!o~':in.g vote: 227 228 AY'-Z~: l.:essrs. Bear, Comer, i"owell, Winn, and the ires±dent I, Lr. Small --5. .... ' ' esented rei:ort of work accomplis: The City ...a,m~er pr ed and ezBonditure$ for v:eek endinC February 28, 1935. The same is filed. BUND: A royort from the conu.~ittec composed of City L.m}ager '-iunte:, and ~ity ,,uditor Yates appointed to consider and re-.::ort back to · Co,mil tho advisability of the Delino_uent Tax Collector executing bond for $10,000.00 instead of $25,000.00 as !~eretoforo directed, fas before 3ouncil, it being the o-jinion of the CoLm:uittee tl~at th~ Delinquent Tax Collector ~:ill not have than ~:10,000.00 in his possession at any one tine, and recommendins that he be allowed to c::ecute a bond for .~!0,CO0.00. i'".~:~ "o_,.~r~ ~;~ moved ~'~:mt ~ouucil" concur in the reco~'..u'~endation of the Corm~ittve, ~it] further understandznE ~nat ti~e ~.o].m~ or bond be a;>proved by ti~e City Attorney, and that ~':'~,:e Sity Clerk be directed to re-.'ort_ to 3ouncil x;hen the bond has been execute( i~LiC"Di.L~i.~ ~, ~ :~Z~,=~N: ~ -,~e':.ort from the Cit,~ ~..ana6ez with reference to corn- ~ ,., aC:~ zt°c ~laint of r, '- Elliott, _~ ~arshall :ive:tuc S. ,,., previously Yec~stered against · "'t~ "-, ~- ~, re=:ort accom- 2o!zce officer .. o. Newton, ',':as before Council, the ~ ~..,~an~ueT s ' ~'~',* '-'o ~ ' ![erton to 2.ajor G ilecl~'l~an, Zupt. i:o!ice -'anied b~? reyort of :,.,.~_,~e::~,n~. ,,. ~. . -~. -.- '- ' ' " ~'~:~ iv to 'l~e subject Ybe_ i,a~ers_ _,_ on '-~'~,..~. subject are rct'~u.u~d to t~e "itv '"-. o.~- , ...... . ...~m_.~_~er for fi!ins or snv ot::er ac~,]_on he sees fit to created~,___~ Aoanoi:e.b~:~ ~'"-~;~v ~-'~'uat~_.___ _on of Dr. Fred B. Oast, ~.~uberculosis_ Consultant for the Cit- "- '""~ -" ~e~ ~L~o "It is Dr. Cha~.. irvin's opinion as el! as ~'. _.~.~e~ s re~ort sta~ ~' ..... ~,I;~ '~uberculosis ,~ssociation and my opinion ~ha~ ~t:ere should bu some competent physician to take Dr. Oast's place and I reco~_.~.tend the a~.,pomn-'-- ''~-~:,~s='n*~ of Dr. john ... ~. discussion of vhe cuestion Mr. l-owel! Noved that vne Czty :.lar. aoer be ~-,-, Gardner to fill ~,~-h~ized to ~,~.oint Dr John ~-~ ~: ~_ . ~. ~:~ vacancy for period from l.larch 15th to June 30, !9~5, at the salary provided for in the budget for the first six months of 1935, subject to further consideration m~d action of Oounci! in preparing nez-t year's budget. The motion ~,:as seconded by ilr. Bear, and unanimously adopted. ~U~L3±~,,.~:~' pet~_tion signed by t~venty-seven pro!:ez-ty ouners on fiercer Avenue ,,~. ..., between 16th and !8~h Streets v:as before a~ounc_!~, asking t~at., the City put u. ozno on this street; the petitioners to_~a,~= for the cost oe_ cement used, and '-' ,~ for labor and other ~,~scellaneous materials necessary for tko con- the struction in ~'"~ _ aaa_,~ion to that avaiiab]e frcn~ FFXq~. Llr. Bear moved that the ' ~.:~ Manager be authorized to -proceed with the ~ork, it b=~ - _ . ~_n~ tmderstood the cost to the property o~ners be reouired in advance The .motion was seconded by ~.r. Po~ze!l, and unanimous1 v adopted i.:r. ;,inn offered the fo!lo',?in~j resolution: F4a7~-) a .',~b,.~,. to refund to i.lrs. H. :~ ~'. Reed $1.29, ~taxes collected by the Delinq. ueng Tax Dev~artnent in error. ': 1931 personal property ',,fiEld, it no~,',' develops that Mrs. H. i~. Reed was carried on the delinquent tax books in her maiden nsm~e (Geneva M. Weaver) as well as her married name, ~.~. H. ~i. Reed, for ~1.29, and due to this fact paid the 1951 tax ticket in hermaiden name (Geneva M. iieaver) a~ti~ to ¢1.g9, and due to t~s duplicetion is entltled~ to a refund. ~,.v~, D~__ .~ocLVZD by the Council of the ~ity"' of Ro~oke that the City Auditor be, and he is hereby dirocted to dray a warr~t payable to ~2rs. II. 2~. Reed for ,~1.29, as refund for double assessment of 1951 delintuent tax paid. Mr. ;,'inn moved to adopt the resolution. and ado.steal by thc following vote: The uotion fas seconded by ':r. Comer, AYe: Liessrs. Bear, Comer, 'owell, Winn, and the'resident l.lr. Small --5. L'[r. ' owell offered ~-'-~ . ,,~:~ fo!log',inS resolution: (~4475) A iIE5OLUTIOi{ 'to refund Ja~es il. Ring ~1.20, 1932 head tax collected error. thc said Ja~ues 12. Ring paid 1952 head tax, and later paid 'fersonal D, rooerty_ ta:~, which also included duplicate Lay_merit of head tax ~'~o~tzng~ ' to ~.~"1.20, and is entitled to refund for su31icate ya~:~ent. o~ -_..~LVZD by the Council of the lite. of Loanoke that the 'Situ ,~uditor be, and he is hereby directed to draw a %;arrant ,~ayable to J~ues il. Ring for .~1.20, to refund dul~licate i:.a~nT, ent of head tax for the year 1932. '- ~ i'owell - ~' . · · .,.z. :_~ov~a to ado~t the resolution. The motzon was seconded by :.lt. Bear, and adooted by ~'.= fo!lo~?in.~ vote: i[AY~: i,[one ..... 0. The follo~'.~in.z ordinance havin-j been introduced, read and laid over ~',,as tahen up and a~zain read: (~4462) ~, O:~D~.,~,=,~,. to deszcnate certain streets of the City of [~oanoke to be used to i.?ovide for vehicles from ~','i~ich farm and domestic products are off,steal for sale: ( ~:or full te:~ of Ordinance see tru_nance' ~ Book lie. 8, page 246 ). Mr. Bear moved to ado';z,t the ordinance. The notion ~'.~as duly seconded b~: 'ir. ~rdznance adoioted by the follo~dng vote: lowell, and the " ' AYES: i.iessrs. Bear, Comer, Powell, ',;inn, and the Ires~_d~nt o i:r. Small --5. iL,y~: Lione oTR~.:,,a CL'C. SING: The question of closing portion of 4th Street, ~. ~., as petitioned by~ j. ''~,_ . Eanes and ~,. ~.',. Zanes, Jr., by, their attorney .~.iu~'ray ,,. Foster, again before Council, l.'r. Bear offerings the follo~'~infj ordinance for its first reading: (~44V6) ~.~.'~' 0z~_~I~l~m-a~,0.'', vacatin;:j, discontinuing and closing that portion cz 4th Street, Joutheast, (also kno~,.,n as 4-.~- Street, 7th otreet and 7~- ~ Street) 40 feet in ~Jidth and 100 feet in depth, lying: betv:een 'joodla-nd (Church)~venue and a 50 foot alley, sometimes called ~[irk Avenue. .,~~, ~. Eanes and j ~ Eanes Jr. have heretofore filed their metition before Council in accordance with the law, in u'hich said ~jctition they requested ]ouncil to vacate, discontinue and close that portion of 4th ~treet, '. E., (also ~nown as 4~ Street, Vth Street and V$ Street) 40 feet in v:idth and 100 feet in depth, lying bet%','een Loodland (Church) avenue and a 3C foot alley, sometiz~.es called 229 230 iLirk Avenue, of the filing of which said petition due notice was given to the publ as required by la~; and UHERi.~3, in accordance vttth the prayer of said petition, viewers were appoJ 'by Council to view tl~e t:.roperty and re2ort in ~'~rittng ~,hether, in their opinion, ~any inconvenience v~ould result from vacating, discontinuing and closing that portio said street; and ~.HEiV,~L~S, it appears from the re~ort in writing filed by said vie~'~ers in this 'proceeding that no inconvenience would result from vacating, discontinuing and closi that portion of said street, to which re~-~ort no exce!)tions have been filed; and ~-:~'~"-' it a~.~,oars from evidence before Council that petitioners are the only abuttin£ 2ro2erty o:;ners on that !:ortion of said strcet and that that portion of said street has never been acce0ted or used b~ the Dublic as a street and that no inc~.nv~n~once will result to the .public and t~.at the rights of neighter the public nor any individus1 will be violated o~' prejudiced from the vacating, discontinuing ~nd clcsin~ of that :ortion of said street. .~nd it appearin~g to Council that peti- t~oners %?i!1 bear the costs and e:cpenses incident to this proceeding. o'. x. ~:~-~-~,~,~ ~_~,~.,..-.D oy the Council of the City of Roanoke, Virginia, that ~' ~ or · .~ (also kno~';n as 4~- Street, 7tt~ Street and 7~ Street ~:~-~ F tion of 4th ~treet ~. ~., 40 feet in ~';idth and !00 feet in depth, lying bet~;een i, oodla~':n (Church) Avenue and a 30-foot alley, sometimes called ilirk Avenu=, be, and the same is ho~-eb;' vacated, dis ~ ~ ' ~'~ ~ ' cont_nued ~,,~, closed ana all right, title and ~nterest of the City of 7~oanoke ami the ublic in and to zhat i~ortion of said street is hereby released to petitioners as the only abutting pro2~ert[.? o-~:ners on that ~portion of said street. . ~.~,~.~ C..D.~I_,~D that the Clerk of this Council be, ana he hereby is, ' ~"' "Vacated, directe~ Zo ..~.~ Discontinued and Closed, "the above described 7~ortion of saza ~r.aet on vhe !:lats showin~:~ propert~, of ,ooaia~'n lark Land uomoany_ on file in the en~gineer's office of the City of Zoanoke, referring to the book and page of resolutions and ordinancesof the uouncm! of '~ ~ity of Roanoke wherein this ordinanc, .~_ ~ ~o_-,_,:.,~ ~.o-~=..~.~ ~n=t the Clerk of this Council deliver to the Clerk of the '" " Virginia, a colby of this ordinance in :.us ~zn~s Court for t!%e ity of ifoanoke, order that the ~_u=,_'~] ~- of said cou~'t ::_ay make pro-oar, notation on the plats shot?lng _vro'f. ez'ty of ',:oodland ~- ark Land Sor. rDany recorded in his office in deed book 48, page 363, deed book 64, page 204 a rxl deed book 195, page The ordinance is laid over. 5~;H01YE '"":~'~'~ o~;'..~ CLL-B: The City _.ttorney stated before Council that he had given the ~uesti · ~ _ ' _ ~ on o_, Der:~mtting the Shenroke Okeet Club permission to use a part of the old Cam~aday Farm as a skeet field, and saw no objection !roviding the pro-~Der con- ~tract and resolution ~:as dra~m, llr. 'Jinn ~'Jas appointed as a Co~:~ittee of one to confer ': "'"- ~'ity ~,= u,~ the ~ Attorney to drav~ up the proper contract and resolution for i>rosentation and consideration of Council. The .,.,~ity .~ttorney stated to 3ouncil that he had been unable to dray; proposed am~ndmen~ to the ioresent Taxicab ordinance for consideration by Cotmcil at this meeting, but r~ould have sa_me ready for next Friday. He was so order~ B~..~,'~ .... '-~; -,.±~,~o:'~'; '~ ~he_..City i~ana[~ez-brought to the attention of Council the en- croacbc.~ent of building lines on Ca~pbell ~,venue, particularly ~'~ith reference to the l-ollock's Shoe Store, at 15 Campbell .~venue, one end of the build'n~.~ ~ being 5t' inche: out of line, and the other end 6~ inches out of line. in a discussion of the cuestic n II the City l~anager stated that the t, ermit was granted for the remodeling of the front with the distinct understanding that same would not encroach on the street, and the ~otation "Not to encroach o~ the 3treet" written on the permit. Council unanimously agreed with the suggestion of the ~resident, i.~r. ~ma!l, ~hat this question be referred to the City ~mnager, with request that he confer ~Jith the City _~ttorney, and be prepared to discuss the question further at next Fri-- day,s meetins ~'~ith some conclusions as to ~;'hat action, if any, can be taken. The ~ity ianager intimated that he ~':ould have the City Engineer make a survey of the ~ntire locality for encroeck~onts. Ro.,.,~_ 'L1JB~!tCUL0~I~ ,,.~,__~m~,,: ,.Vt. o~'~ell reported he had visited the ne~'~ quarte','s of the Hoanolce :£ubercul~sis ..ssociation in the · ld ;"est Office Buildinr' and that '~- ~.:e ..ssociation v'as yell located in '' sa ~zsf~c tory quarters, but needed some additional chairs. Whe City i.~anager uill see what can be done. ~.,~,,o ~.',,~.: ..L~.-::'~':'::'.~.~.. %he ~resident, ,-r. Emall,_. - stated that it had been ~...~,~ to his a~cntion ~h.~t Mr. Al. Snith who had been re3ortin~ t~.e'~ meetings of ;ho Cit,~.. .~o~cil for ~o~oke for some time'in tt~e _wast has 'o~on~ transferred to mother shift, and would not re~>ort regularly the meeting, s of :5ounci! in the future, ~nd if other ,~embers . _ oun i! concurred in his tho~: .... t the ~"~zty Clerk would_ be ,~ ~ted to di ~.~,, ~.,~ ..o~no:.~e _L .... , the fol!m':in'; !ette= in a'plreciazion and ~eco~:nition ...... of thever--~.. roceedin.:,s~ of Council. it ~as m~ani~ous~-~_~ agreed that the follm':inj letter should e dislmtched. " ':~ 1935 ...~rch 8, , The " ~- '- ~' ~oanoke, Vii~cinia. Gent lemen: The Cotmcil ' ~ n~s directed that I convey to vou.. its ~..%~r~ciation~-"~. ~ an~l. feces'nit,on of the very '' ' nzgn t~e or reportorial work of ~h' f~ ~'~ ~ - - _ . . o::~z~h in rei~ortin~ ~_oceedings of Council ~zs accounts have been informative, ~iformly fair, he has given the public all essential facts in an equitable Je regret his dei~arture, and are glad of this o~2portunity to convey this word of ap:preciation. YO~' ~ v=i'~z tru , City Clerk." ". :;;~qG"_a~,_ ii ;~i.~ AD-"-~;~'~"~'-'~' -~: ~-~ ' ;~-~, '-~'~. - ~,~o~.~:[ ~. C. R0~-~o.~.. T',~. ~. Rohrbaugh, Director of the ~ergenc~? l~e!ief ~dministration, ap>.eared before Council and asked that the cuestion_ ofe-~-'~enditures.~_~_ from the ~400.00 avy~ropriated__ to ~o..e Social Service Btu~eau be clearified inasmuch as there has been some misunderstanding bet;'.:een his de-fart.~'~_el~t and that of the .~.uditing Department. In a discussion of the question, the i:resident, i.L~. Small, tion i'io. ~_~54 covered the situation rather clearly, that the .:uditor ~oulu pay all bills up to the ~00.00 provided, plus any revenue from rental of the building that were p. roperly aL~roved, but he had no authority to go beyond that amount u'ithout further authority from Council. stated that Resolu-~! Audz~or ~'as present at the conference and entered into the discussion, The City '~ both i~r. nohrbau.~h and l~r. Yates stating that the intention of Council and the Resolution ~'~as thoroughly understood. .~omucil adjourned There being no further business, ~ ~ . .~PPROVED erk l:resident 251. 232 COUNCIL, REGULAR MEETING, Friday, Ma~ch 15, 1935. The Council of the City of Roanoke in the Munioipal Building, Friday, met in regular meeting in the Cirouit Court March 15, 1935, at 2:15 o,olook p. m., · Room ~the meeting being called at the earlier hour for the purpose of hearing complainant ~of the Roanoke Automobile Dealers Association against the Purchasing Department. PRESENT: Messrs. Bear, Comer, Powell, ~imm, and the President Mr. Small --5. ABSENT: None .... O. The President, Mr. Small, presiding. OFFICERS PRESENT: N. P. Hunter, City Manager. PURCHASING DEPARTZ~ENT: The President, ur. Small, Council was called at am early hour for the purpose of stated that this meeting of considering certain Question: in connection with the operation of the Purchasing Department, brought about by informal request of certain automobile dealers in the City, as to the matter of recent purchases of automobile equipment under advertised bids, and called on Mr. Key, of the Key-Antrim Automobile Company, to make any statement he wished in con- nection with the matter. Mr. Key stated somewhat in detail the method pursued by the Purchasing Depart- ment in awarding contract for four trucks, explaining that after bids had been tabulated as per advertisement on the appointed day and hour, a supplementary bid was received the following day, after which the Purchasing Agent asked one other dealer for a supplementary bid, ignoring entirely other bidders on the equipment, and that while he appreciated the fact that nothing could be done about the ~atter in this particular case, if the practice was allowed to continue it had a tendency for dealers to lose confidence in the Purchasing Department, and his purpose was to ascertain ii' this is what the dealers may expect in the future. Mr. Tucker, City Purchasing zgent, explained in detail the procedure followed in awarding the contract for the four trucks in question, and presented a tabula- tion of the bids as received and awarded. Council recessed for consideration of the ~stter, after which the President stated that Council in considering this matter feels that the action of the Purchas. ing Agent in this instance was in the interest of the City as it appeared at the time, but we are of the opinion that future practices with respect to future ad- vertisements received, opened and tabulation of bids for materials and supplies by the City should be handled somewhat along this award contracts for materials and supplies to line, i.e., the Purchasing Agent ~-y any of the bidders whose bids are submitted with the understanding it is to be awarded on the basis of the original bids, that no supplementary bids of any descriptiom will be received, that if in the judgment of the Purchasing Agent bids received for materials and supplies are out of line he will exercise his prerogative and reject any and all bids, and ad- ;. vertise for second bids, it being the intention that once bids are received and tabulated, that supplementary bids will not be received. Mr. Tucker asked the question if that meant that he could not negotiate with low bidders, to which the President replied that it means that once bids are receiw ed and tabulated, contract will have to be awarded on that basis. It however does not mesh that you cannot reject any and all bids, but once the bids have been tabulated, supplementary bids must not be accepted. MINUTES: It appearing that a copy of the minutes of been furnished each member of Council, upon motion of Mr. the previous meeting has Comer, seconded by Mr. Bear, the reading is dispensed with, and the minutes approved as recorded. PETITIONS AND COMMUNICATIONS: CITY SERGEANT: A cmmnunication from John ~. Stuart, United States Marshal, addressed to H. E. Mayhew, City Sergeant, advising that the Federal Bureau of Prisons has directed that the use of the Roanoke City Jail for incarceration of Federal for the board prisoners be of any prisoners who are discontinued, and that the Government will not be responsible committed here. The City Clerk is directed to return letter to ~&r. Mayhew, the letter was read before Council. with the advice that ! TRAFFIC SURVEY: A communication from Judge Harris S. Birchfield asking that the City of Roanoke extend to 'Mr. ~. Graham Cole, Direcuor of Safety, Nelfare Division, Metropolitan Life Insurance Company, New York City, to come to Roanoke and make a traffic survey, which would be Etthout cost to the City. There being no objection, the question is referred to the City Manager, with the request he give consideration to the subject, and if it is his judgment a traf- fic survey is desirable, cooperate with the Civil end Police Justice, and draw proper resolution for consideration of Council. HEARING OF CITIZENS UPON PUBLIC ~ATTERS: RO~d~OKE WATER WORKS COMPAq-Y: Col. James P. Woods and C. E. Moore, representing the Roanoke Water ~'orks Company, appeared before Council asking that a refund of l~ penalty imposed on the ~ater Company for failure to pay license tax within the time prescribed by law, giving as reason for failure to make return within the prescribed Itime that $fficials Ordinance No. 4264 was adopted~ on May 18, 1934, without the k~owledge of of the company, and that in years past the return had not been made prior the niddle of March or first of April, which gave time to segregate the accounts bet~een City and County. After a lengthy discussion of the question, during which time the Commissioner of Revenue was asked to explain the situation, and stating that other public utili- ties had paid their license on time, Mr. Bear offered a motion that the Roanoke Eater Company be relieved of the 10~ penalty for 1935 imposed as a resul~ of the ~ater Company,s failure to file ~heir report on time. The motion died without a second, whereupon Col. Woods stated that the Eater Company would abide by the deci- sion of Council, but stated that he expected to look into the legality of the penalty. BARB~: D. S. Looney, representing the Associated Master Barbers of America, appeared before Council and presented a petition signed by six members of the association, together with petition carrying seventy-one signers, asking Council to ~mend Section 12 of Ordinance No. 401~ to permit the use of neck dusters, and also sections l~ to permit the use of the shaving cup or mug, when properly sterilized. Upon motion of ~r. Comer, seconded by Mr. Bear, the question is referred to the ~ity Attormey to prepare proper amendment of new Ordinance permitting the use of ~eck dusters and shaving cup or mug when properly sterilized. STRF. F.T CLOSING: Mr. English Showalter, representing H. L. Lawson, S. G. Proffit ~nd H. L. Lawson, Jr., appeared before Council and asked that consideration of )rdinance for closing portion of 4th Street S. E., be deferred for another week, tha~ ~hile he was prepared to register complaint for the proposed closing of the street this time, by mutual agreement with Attorney Foster ~epresenting ,1. T. Eanes and 233 234 J. T. Ran, s, Jr,, due to illness, OVer, The City Clerk-is directed he was asking that the proposed ordinance be laid will be presented to that the Oi%y Attorney be furnished PETITIONS AND COMMUNICATIONS: for its second reading on Friday, copies of the petitions. to notify interested parties that the Ordinance March ~nd, and also LEAGUE OF VIRGINIA MUNICIPALITIES: A communication .Virginia Municipalities in reply to one Council of the City of Roanoke does increase its appropriation for dues before Council. from the League of written by the City Clerk advising that the not feel that it is in a position to further in the League from $800.00 to $1,050.00, was Budget. The communication is ordered filed for consideration of the next LEAGUE OF VIRGINIA IdUI~ICIPALITIES: A communication from the League of Virginia Municipalities stated that at the direction of Mayor ¥:. R. L. Taylor of Norfolk, Chairman of Committee on Relief, that there will be a meeting in Richmond on ~:ednesday, I~arch 20th, at 10:30 a. m., at the John Marshall Hotel, the City of Roanoke be relr esented. Upon motiou of Mr. Bear, seconded by !~r. Winn, Mr. Comer and City Manager Hunter are appointed to attend the meeting in Richmond. The President, Mr. Small, was later named to also attend the meeting. CROSS-OVER: A letter from Walter Muse and McKinley Taylor making application for perm_it to construct a concrete cross-over to accommodate property at 501 Gilmer Avenue N. ~'., was before Council. The application is referred to the City Manager for investigation and reco~Tmendation. ROANOKE GAS LIGHT COMPANY: The application for permit to eden street on Mary%and Avenue N. ~:.., from 2405 to 2&09 W. 80' to dead end for purpose of laying ~" gas main was before Council, the City Manager recommending that the permit be grant ed. Mr. Bear offered the following resolution: (~&&7?) A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a four inch gas main in Maryland Avenue N. %~. BE IT RESOLVED by the Council of the City of Roanoke that a permit be, and is hereby granted the Roanoke Gas Light Company to install a four inch gas main in Maryland Avenue H. W., from 2~05 to 2409 W. 80' to a dead end. Said Roanoke Gas Light Company by acting under this resolution agrees to indemnify and save harmless the City of Roanoke from all claim.~ for damages to Der- sons or property by reason of the installation and maintenance of said gas main, and further agrees to replace the st=eats where the same are opened under the pro- visions of the ordinances of the City of Roanoke providing for street restoration. The motion was seconded by Mr. and asking tha Mr. Bear moved to ad opt the resolution. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Wins amd the President Mr. Small --5. NAYS: ..... 0. R~0RT OF 0FFICEP~: REPORT OF TP.E CITY M~GER: The City Manager presented report of work ac- complished and expenditures for week ending March ?, 1~5o The same is filed. ROANOKE HOSPITAL: The City Manager presented report submitted by the City Physician of city Datients treated at Roanoke Hospital for the month of FebruarT' .showing 235 days, treatment at e cost of ~T0~5.09. The report is filed. REPORT OF COMMITTEES: None. UNFINISHED BUSINESS: POLICemEN- ;,'. S. NEWTON: The President, Mr. Small, presented to Council a of the People" as submitted and the City Manager of his itclipptng from The World-News published under "Voice by Jack Elliott complaining of action taken by Council charges against Police Officer ~. S. Newton, heretofore before Council· The City Manager is directed to hold a public hearing on this question in con- formity with the usual practice, and the City Clerk is directed to notify Elliott the necessary procedure for a hearing if he so desires same. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: The President, Idr. Small, offered the following resolution, stating that it offered with the thorough understanding that I still have a sense of humor left": ;'~EREAS, due consideration should be given Commonwealth at the State Capital, interest and welfare in municipal government~ and it appears to be in the public interest of the City of Roanoke that to some official representation of the City to the for the primary purpose of advancing the City's the State of Arizona has recently appointed an official Ambassador from that Commonwealth to the national capital in the interest of states, rights, NOW THEREFORE BE IT RESOLVED that the City of Roanoke, in furtherance of its Dwn interest as a community and perrogatives, and in the I.Ppointment of an ambassador lchmond, whose and procurement exterprise, for the protectign of its corporate rights interest of home rule, give serious thought to the to the Commonwealth of Virginia, with headquarters at activities shall be directed towards recognition of local gover~ment' of home rule for this municipality. Mr. Small moved to adopt the resolution· After a discussion of the proposed resolution in a humorous vein, the motion vas seconded by Mr. Winn, and lost by the following vote: AYES: Messrs. Bear (vote to be suffixed with "humorously"), and the President NAYS: Messrs. Comer, Powell, and Winn --3. FERA EXPENDITURES 1954: At this junction the President, Mr. Small, stated ~hat he had a statement he was going to ask be recorded in the minutes of Council ~ich shows a recapitulation of gross expenditures of FERA funds by States below the ~son and Dixon Line, for the year 1934, the same showing that while ¥irginia ranks ~ifth in amount of revenue it pays into the Federal Treasury, it gets only one-half ;he amount Zor relief, and that Roanoke having but three percent of the population ,f the State, is contributing Ii, percent of the entire outlay in the state for relief ,urposes, or ,liE,000.00. In reviewing the figures in detail, the President stated ;hat his thought was that Council has got to seriously consider whether or not the lity of Roanoke is to continue after July 1st, the beginning of the next fiscal ~ear to make appropriations on the same ratio, stating further that the amount of ~oney the City of Roanoke has contributed out of local revenue in excess of propor- tional amounts contributed by other cities would be sufficient to restore to city ~mployees about 6~ of the horizontal reduction made in wages. After hearing the report on this subject, Mr. Bear suggested that since the ~resident has prepared this informative statement that he be included in the .235 236 Committee to attend the conference The statement is as follows: on .the same subject in Richmond on Maroh 20th: Polula ti on compared with Va. .1934 F. E..R.A. Expenditu. res~ by Stat_es showing St.gt~e an~'"'_L'ocal'Supplements Federal State Local Total Va. 6,?35,485 19,508 927,264 i N. C. 700,000 , 13,803,486 189,191 . La. 400,000 - 19,073,777 415,338 -Fla. 1,000,000 - 18,048,800 11,307 ~ Geo. 500,000 + 20,357,000 962,266 S. C. ?00,000 - 14,189,044 389,819 'Tenn. 200,000 lla. 200,000 ~ 18,097,062 892,855 'Texas 21,849,775 14,019,951 46,111 ~'. Va. 700,000- 16,723,722 2,295,428 192,842 Ky. 200,000 4 13,306,968 961,264 1,321,887 Idaho 1930 Pop.445,032 Popdlation Va. 1930 - ?, 019,37 3 ? ,682.257 13,992,677 19,489,115 18,060,107 21, ~19,266 14,579.363 13, ~0,384 18,989,917 35,915,837 19,211,992 15,590,119 2,500,850 U. 87 .? 98.6 97.7 99.9 95.5 97.6 96.6 95.3 60.8 87.0 85.4 TAXICABS: ~Mr. Comer offered the following ordinance for its first reading: (~4478) ~N 0]~DINA_NCE to reordain and amend Section 9 of Ordinance No. 3585 adopted by Council on the 18th, day of October, 1929, entitled, regulate the licensing and operation of public vehicles, on the streets of the City of Roanoke, Virginia." "An Ordinance to taxicabs, and for hire car~ BE IT ORDAINED by the Comucil of the City of Roanoke that Section 9, of 0rdine~ce No. 3585 adopted by Council on the 18th, day of October 1929, entitled, "An Ordinance to regulate the licensing and operation of public vehicles, taxicabs, "be and the and for hire cars on the streets of the City of Roanoke, Virginia, , same is hereby reordained and amended so as to read as follows: SECT%0N 9 - RATES The following schedule of rates shall be charged and collected for the trans- portation of passengers within the City of Roanoke by public vehidles, ent rate shall at any time be charged or collected for such services. TAXICAB RATES (a) The rates to be charged and collected for service by taxicabs shall be determined by an accurately working taximeter or speedometer and shall be as follow: For the first mile or fraction thereof 25 cents. For the next succeeding mile or fraction thereof l0 cents. For any distance in excess of two miles in the City limits 50 cents. For each additional passenger in excess of two there shall be made an extra charge of l0 cents. For each two minutes of waiting time or fraction thereof a charge shall be made of five cents. If hired on an hourly basis the charge per hour shall be $2.00 per hour, re- gardless of the number of passengers carried. Naiting ti~e shall include the time when vehicle is not in motion beginning with the time of arrival at the place to which it has been called or time cunsumed while it is standing at the direction of the passenger, but no charge shall be made for the time lost on account of ineffeciency of the taxicab or its operation or transportation of in passenger vehicles. and and no diffez baggage time consumed by premature response to a call. A charge of 25 cents shall be made for the other than ordinary bend bags No tFunks, ~dbags nor ~ackaSes can be carried on outside of tax£oab. There shaZ~ be poste~ in a conspicuous place inside ed in legible type, a card showing the rates of the use thereof. ~here calla are made from stand to residence arrives at each public vehicle, print~ fare prescribed to be charged for no charge can be made until oar point of call. i~R HIRE AUTOMOBILE RATES (b) The determined For For rates to be charged and collected for hire automobile service shall be other than ordinary hand No trunks, handbags automobile. by an accurately working speedometer and shall be as follows: the first mtle or fraction thereof 25 cents. the next succeeding mile or fraction thereof ten cents. For any distance in excess of two miles in the City Limits 50 cents. For each additional passenger in excess of two there shall be made an extra charge of l0 cents. For each two minutes of waiting time or fraction thereof a charge shall be made of five cents. If b~red on an hourly basis the charge per hour shall be $2.00 per hour, re- gardless of the number of passengers carried. Waiting time shall include the time when vehicle is not in motion beginning with the time of arrival at the place to which it has been called or time cons,,med while it is standing at the direction of the passenger, but no charge shall be ~de for the time lost on account of inefficiency of the automobile or its operation or time consumed by premature response to a call. A charge of 25 cents shall be made for the transportation of trunk and baggage, bags in passenger vehicle. nor packages can be carried on the outside of for hire Where calls are made from stand to residence no charge can be made ,mtil car arrives at point of call. (c) There shall be posted in a conspicuous place inside each public vehicle, a card showing the rates of fare prescribed to be charged printed in legible type, for the use thereof. (d~ Prepayment of fares: Drivers of public vehicles may refuse employment ~ unless the legal fare is prepaid, but shall not otherwise refuse to carry eny order' ly person anywhere in the City unless previously engaged or unable to do so. No other person shall be carried in public vehicle except with the consent of the passen- ger who first engages the car. (e) Records: Accurate records of all calls or trips made by public vehicles, the time of begimuing and ending of such trips, the fares collected therefor shall be kept and such records shall be available for the inspection and use of the Department of Police for official purposes only. (f) Receipts: Upo~ request a receipt shall be delivered to the person paying the fare for transportation by a public vehicle at the time of such payment. Such receipt shall be in legible oEner, city license number, the taximeter number, all items for which of payment. type or writing, and shall contain the name of the and ~iver's _name and driver,s City license number or charge is made, the date amd total amount 237 123.8 The ordinance is laid over. TAXICABS: Tho City Clerk brought to the ]~roper insurance for taxicabs and For Hire Cars, tho attention of Council the question matter is referred to Mr. of Winm for investigation and report. SHENROKE SKEET CLUB.' Mr. Winn offered the following Ordinance for its first reading: (~4479) AN ORDINANCE authorizing amd directing the Mayor and Clerk to execute on behalf of the City a contract leasing a portion of the Airport property owned by the City to the Shenroke Skeet Club for recreation purposes. WHEREAS, the Shenroke Skeet Club desires to lease from the City of Roanoke, and the Council is willing to lease to the said Club a portion of the Airport field owned by the City of Roanoke in Roanoke County for the purpose of using and occupyin~ said leased property for conducting a skeet field for the recreation and diversion of its members and other citizens who for various reasons cannot partici- pate in other forms of recreation provided by the City; and, ~HEREAS, a contract embodying the terms and conditions and a description and identification of the portion of land proposed to be leased and the purposes of such leasing has been prepared and presented to Council for consideration and appro~ al, and found satisfactory. N0~', THER~FORE, BE IT _RESOLVED by the Council of the City of Roanoke that the Mayor and the Clerk be, and they are hereby authorized to execute on behalf of the City the aforesaid contract and deliver the same to the Shenr~ke Skeet Club upon execution of the same by representatives of the Club. The ordinance is laid over. JEFFERSON STREET BAPTIST CHURCH: Mr. Bear offered the follo~ ng Resolution: (~4480) A RESOLUTION to grant a permit to the Jefferson Street Baptist Church to construct a log cabin on its property. ( For full text of Resolution see Ordinance Book No. 8, page 248). ~ir. Bear moved to adopt the resolution. The motion was seconded by Mr. Powell and adopted by the following vote: AYES: ~¥Iessrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. NAYS: None ........ 0. DELINQUENT TAX DEPAR~T: Mr. Bear offered the following resolution: (~4481) A RESOLUTION authorizing payment of salary and commission of Delinquent Tax Collector. (For full text of Resolution see Ordinance Book No. 8, page 249_ ~). Mr. Bear moved to adopt the resolution. The motion was seconded by Mr. Ninn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President ~. Small --5. NAYS: None ..... 0. COMPENSATION-C. E. CUDDY: The President, ~M. Small, brought to the attention of Council the ruling of the Court of APpeals of Virginia in the case of compensatio: for C. E. Curly, stating he bed in mlnd offering a resolution authorizing the payment of the amount in Question. suggested the matter be postponed until receipt the question being discussed generally by the Mr. Bear by Council of the ruling and order, members of Council, the final result being that the President, ~. Small offered the followingo resolution: ~: (~4482) A RESOLUTION authorizing the City Auditor to draw warrant in favor of C. E. Cuddy of the Commonvealth Attorney,s office, amounting to $900.00. For full text of Resolution see Ordinance Book No. 8, page ,,249_}. Mr. Small moved to adopt the resolution. 'll~e motion was seconded by Mr. Ninn, and adopted by the following vote: AYES: },~essrs. Comer, Powell, Ninn, and the ~resident }&r. Small--4. NOT VOTING: Mr. Bear (pass) ....... 1. The President, ~vtr. small, offered the following resolution: (~4483) A RESOLUTION authorizing the City Auditor to draw warrant in favor of C. E. Cuddy of the Commonwealth Attorney's office, amounting to ( For full text of Resolution see Ordinance Book No. 8, page l.~r. Small moved to adopt the resolution. $200.00. 250 . .. '~'he motion was seconded by Mr. Mr. Bear moved that the Question of voting on the resolution be laid ove~ until the next meeting of Council. There being no second to the motion, members of Council were polled on resolution #4483, the same being adopted by the following vote: AYES: Messrs. Comer, Powell, ¥iinn, and the President .~.~,~. Small---4. NOT VOTING: ~Lr. Bear .... 1. MOTIONS AND MISCEL!;ANEOUS BUSINESS: NOTES-CURB AND GUTTER: The City Clerk suggested to Council that the notes now held and collected in his office be transferred to the office of the Delinquent Tax Department, his thought being the transfer should result in better collections in that department. He was directed to draft suitable resolution for the transfer, the same to be presented to Council for further consideration. CITY FAi~d-PEST HOUSE: The City Manager brought before Council a request from Mrs. jennings to use the Old Pest House formerly used for white inmates for use of the Roanoke Girl Scouts as a Camp. The City Manager is authorized to use his judg- ment in granting the request, so long as there will be no expense or liability to the City. CITY ATTORNEY: Judge R. C. ~ackson, City Attorney brought before Council the Question of a proposed meeting in Richmond on .March 19th, called by City Attorney ~ohn S. Seabrell, of Norfolk, for consideration of the Tax Segregation Act of the General Assembly dealing with intangibles as a tax source, and believed to be im- properly going to the State. The City Attorney is authorized to attend the meeting in Richmond on the 19th, ~ith the understanding he will render a report of the meeting, and make such re- . commendations to Council as seems proper. There being no further business, Council adjourned. APPROVED 239 24O COUNCIL, REGtgAR MEETING, Friday, March 22, 19~5, The Gouncil of the City of Roanoke met Building Friday, March 22, 1935, in regular meeting in the Circuit Court at 3:00 o,clock p. m., the ~Room in the Municipal regular meeting hour. PRESENT: Messrs. ABSENT: None ...... 0. Bear, Comer, Powell, ~inn, and the President ~. Sm~ll --5. Chair will entertain any motion that may be offered, for final action on this particular Question." The Chair then asked if there was a motion for adoption of the ordinance. There :being none, the President stated "it seems it will die on the calendar." ~' Mr. Comer moved that proposed Ordinance No. 4476 be striken from the calendar. The motion was seconded by Mr. Winn, and unanimously adopted. GASOLINE STORAGE TANK-MAGIC Ci~£ LAUNDRY: T. B ~itt, representing the Magic City Laundry, appeared before Council and asked that his company be permitted to construct and install a gasoline storage tank of approximately 550 gallon capacity. ~te was directed to make application to the City Manager with plan of location for th :proposed tanks, who will make investigation and report to Council- reading and adoption, and the unde: suspension of the rules ~sentiment of Council that there is a collateral interest of other property owners in this particular section, but that the ordinance is before Council for its second and it has been the policy of Council in the past not of any streets or alleys where there are objections. to take action toward closing ~e feel, and I think it is the The President, i.~. Small, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager. MIhUJTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion of ~. Bear, seconded by ~. Ninn, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZ~WNS upon PUBLIC MATTERS: STRW~ CLOSING: Murray A. Foster, Attorney for J. T. EaBes and J. T. Eanes, Jr. again appeared before Co;mcil in the interest of his clients for the closing of portion of 4th Street S. E., as provided for in proposed Ordinance No. 4476 hereto- fore before Council for its first reading. H. L. Lawson, owner of adjoining property, and representing other real estate owners in the section, appeared before Council and presented a petition signed by thirty-four people who use the street objecting to the closing of same. Mr. Lawson elaborated on the "objections of property owners" petition which was read by the Clerk, and was substantiated in his objection by H. F. Stoke and C. S. Spindle, property owners in the section. J. T. Eanes, Sr., one of the petitioners for the closing of the street, spoke before Council, and asked that the street be closed, which ~ould permit him to enlarge his plant by utilizing the closed street, going into detail as to the amount of taxes paid the City, and the possibility of utilizing other streets in that section for ingress to the properties of objecting real estate owners. After a short recess by Council, the President, .~r. Small, made the following statement: "Gentlemen, I mlght say to you, we have discussed this matter briefly, LICENSE TAX-S.J. KRISCtI: S. J. Krisch, Propr~'etor of the United Loan Company, appeared before Council registering complaint as to equality of taxes paid by secon~ hand dealers of $41.00, as compared to his taxes as a pawn broker of twenty-five times that amount, his contention being that the second hand dealers were actually doing a pawn broker business by "under cover- methods. The President, BM. Small, stated that the City could not undertake to police the ethics of all the merchants, his suggestion being if any particular merchant felt he was being injured, the proper procedure would be to make formal complaint, stating further, "if you have a specific case where you feel the law is being violated you should take the matter up with the City Manager", and Mr. Hunter will be glad to~ see you at any time. ~' PETITIONS AND COMMUNICATIONS: STREET EXTENSIONS-CARROLL AVENUE N. W: A petition from Kirm,~ erling Brothers, Inc., offering to convey to the City of Roanoke for the purpose of extending Carroll Avenue westward from Eighteenth Street to Nineteenth Street, a triangular portion of the southern boundary of its property, on condition that the City will do or cause to be done certain stipulations enumerated in the petition, the estimated cost of which · ould be approximately $~'228.00, under contract, and ~1,106.00 Under VERA labor, )lus $315.37 for remittance of Sewer Assessment. Mr. Bear moved that tho City Manager be authorized to negotiate with Kimmerling ~rothers, Inc., for necessary right-of-way for construction of street referred to, and bring back to Council report and recommendation before any action ~ taken. The : notion was seconded by Mr. Winn, and unanimously adopted. BOARD OF ZONING APPEALS: ~ report from the Board of Zoning Appeals with reference changing Lot No. ?, Section ~, on the northeast corner oi' Highland Avenue and ~ixth Street S. E., from a General Residence District to ~ Business district, as ~etitioned 'for by the Colonial~Terican Na~iona~ Bank, executor of E~tate of E. i. ~horley, was before Council, gmv~ng as themr opmnion and recommendatmon that if the !rope~ty owners affected by such change desire the change that the lot immediately asr of the alley now occupied by a store on the north side of Highland Avenue and ~ixth Street, also be changed to a Business district. Mr. Comer moved that the City Clerk be authorized to advertise for hearing on ~he matter in accordance with the Zoning Ordinance. The motion was seconded by Mr. ~ear and ~animously adopted. INSTRUCTIVE VISITING NURSES ASSOCIATION: A report and communication frc~ the Instructive Visiting Nurses Association for the month of February 1935, was before ~ouncil, showi_n_g a deficit of ~525.62. The City Clerk is directed to ackno~ledge receipt of the report and communica- tion, and say that Council appreciates the action of the Association in sending the nonthly reports to Council, and call attention to the fact that Council is on record~ as being unable to make any supplementary payments for any deficit that may be carried t the end of the fiscal year ending June 30, 1935. SE~ER ASSESSMENT-JAM-LS ~. BEAR: Mr. James A. Bear presented to Council a com- aunication from Jacob L. Reid, Attorney for Mariah Williams, with reference to unpaid ~ewer assessment on LoS NO. 9, Section 5, Rogers, Fairfax and Houston Addition, lear explaining that when the service for cost of the sewer assessment in question ~as made the property was owned by john ~'ilfred Clark, and the service was made m John ~;ilfred, and marked "not found", and that in abstracting the title on the 241, 242 property formerly owned by John Wilfred Clark the assessment was not shown, as all records as to sewer assessments are carried in the name of John ~ilfred for this particular piece of property, and had it been properly in the mame of John Wilfred 'Clark, the same would not have been overlooked. The matter is referred to the City Clerk for investigation, and legal opinion "from the City Attorney as to ~. Bear's obligation in the matter under the circumstances. R~0RT OF OFFICERS: REPORT OF THE CITY ~i~NAGER: accomplished and expenditures The same is filed. The City Manager presented for week ending ~.larch 14, 1935. report of work AYES: NAYS: TP~FIC LIGHTS: Traffic Lights: CROSS-OVER: The City Manager recommends that a permit be granted to Walter Muse and ~cKinley Taylor to construct a sidewalk cross-over at O01Gilmer Avenue N. W., heretofore before Coumcil. '~r. Comer moved that the recommendation of the City Hanager be ~ncurred in, and offered the following resolution: (~AA8A) A RESOLUTION granth~g a permit to Walter Muse and ~cKinley Taylor, ~01 Gilmer Avenue N. W., to construct a certain Cross-over. BE IT RESOLVED by the Council of the City of Roanoke that a permit be, and is hereby granted ~lter ~use and McKinley Taylor to construct a cross-over to accommodate property at 001 Gilmer Avenue, N. W. Said cross-over shall be constructed according to the good liking and satisfaction of the City Manager and under specifications to be furnished by him. The said ~alter Huse and LIcKinley Taylor by acting under this resolution agree to indemnify and save harmless the~City of Roanoke from all claims for damages to persons or property by reason of the construction and maintenance of said cross- over. h~r. Comer moved to adopt the resolution. The motion ~as seconded by.~Lr. Bear, ~ud adopted by the following vote: ~essrs. Bear, Comer, Powell, Winn, and the President, ~r. Small ...... None ........ 0. The City4~anager mede the following report with reference to "Regarding the c~mplaint about trsffic light at Williamson Road and Lynchburg Avenue N. ~., which was referred to me for report and recommendation. I referred this matter to the Superintnedent of Police to get a statement from each Lieutenant and Sergeant as to the need of a traffic light at this location and they all recommended that this light be taken down and a stop sign be erected on Lynchburg Avenue to stop traffic entering into Williamson Road. Therefore, it is my recommendation that this light be removed April 1st for a test period of ~0 ~o 80 days." ~Ir. Niunmoved that the recommendatio~ of the City Mana~er be concurred in, the motion being seconded by iJ~. Powell, and unanimously adopted. REPORT OF OD~TTEES: BELIEF C The President, Llr. Small read before Council a report of the Committee appointed from Council to meet in Richmond on ¥tednesday, h.~zrch 20, 1935, for c~nsideration of relief problems of towns and m~nicipalities throughout the Stat ~After a discussion of the question .Mr. Bear moved that the report be made a part of the m~nutes. The motion wam seconded by ~Lr. Powell, and unanimously adopted, the report reading as follows: I! ~For the information of Council, the following is brief summary of proceedings and discussion of the meeting called by Mayor Taylor of Norfolk of municipal office of the cities and towns of Virginia to ~nsider the relief problem and the cost to the cities. "The meetingwas held in the John Marshall Hotel Tuesday morning 10:30 with 50 to 60 representatives present from practically all cities and towns in the State. The discussion developed the very definite sentiment on the part of those present that the municipalities of Virginia had already contributed a relatively greater proportion of funds for relief purposes during the past year than other cities in other states. The concensus of opinion was to the effect that relief rolls, having reached an all time peak in March 1935, would be transferred to the communities to administer, except for Federal aid confined to work relief only. The cities recognizing that their financial ability to meet this demand had already been over- taxed were practically unanimous in their feeling that there is no way whereby they can further enlarge contributions, especially in view of the fact that it can be shown that Virginia cities are making larger contributions that is required or provided by other Southern cities." After full discussion and debate Mayor Bright of Richmond introduced a resolution: 'WHEREAS, the Commonwealth of Virginia will soon embark upon a new relief program in accordance with the bill now before Congress, the early passage of which is expected, and ,~HEREAS, the municipalities of this State feel that they have borne their share of the total cost of relief in the past without the assistance of a State appropriation for relief, and '~tEREAS, the municipalities are fearful that the requirements upon them under the new relie£ program as proposed may exceed their financial ability unless careful planning of the entire relief program is undertaken in advance, fixing probable requirements for a reasonable period into the future, now, therefore, be it 'RESOLVED, that a state-wide study be inaugurated immediately in cooperation with the State ~.~mergency Relief AdministratioD, the State Department of Public Welfare, the League of Virginia Municipalities and representatives from the counties to determine a~ accurately as possible the probable relief load during the remainder of the year distinguishing between unemployables and employables and estimating the approximate total cost of the new relief program in each municipality according to standards to be agreed upon by the Relief Administrator and local officials which m~y be used as a basis for the equitable distribution of this total burden between the localities and the Federal Government in keeping with the financial ability of the municipalities and further be it 'RESOLVED, that the municipalities endorse a work relief pm gram insofar as the same is consistant with practical efficiency and sound economy but request that the relief program be modified to allow both direct relief and work relief in communities where such a procedure is necessary in the judgment of local officials, and be it further 'RESOLVED, that adequate amounts be allowed from Federal funds for materials on work relief projects so that under no circumstances will the total cost of the entire relief program from local funds exceed last year's expenditures, and be it further 'RESOLVED, that immediately upon the passage of the Federal Public Works and Relief Bill and before rules and regulations are distributed from the State Emergency Relief office, the relief committee of the League of Virginia Municipalities be accorded the privilege of a conference with the State Relief Director and his committee with the object of exchanging views and arriving upon a sound course which will enlist the wholehearted cooperation of all units of government, and be it further 'RESOLVED, that the Co~onwealth of Virginia through the Governor be requested to pay its proper proportion of the financial burden.' i"This resolution was adopted without a dissenting vote and the entire group djourned to meet with Governor Peary in the Senate chamber at three P.M. "Mayor Taylor of Norfolk presented the resolution and was asked by Governor ?aery that in event a way was found to distribute to the localities a part of liquor )rofits already accrued if they would agree to earmark, or api~ly such funds to r~lief purposes. "In answering this Query on behalf of the City of Roanoke I stated that I had no power to pledge the Council but speaking individually as a member thereof the facts and figures indicated that the City of Ro_~n~e had already done more than its share in providing relief funds. That the City faced with diminished revenues as result of downward revision in assessments, is making a strenuous effort to maintain its credit and operate within its revenues, notwithstanding limited control over expenditures vested in Council. I advised the Governor that all City employes of Roanoke, embracing police, fire,~ schools and other departments are working under a horizontal reduction of 1~ to 21~ in basic rate of pay and were entitle to consideration. That having already done our share in the matter of r~lief, that it would be my purpose to apply, if financial conditions would per,_it, any funds distributed to Roanoke under the ABC Act, towards partially restoring, as far aa it would permit, decreases in pay of City employees" · AIRPORT: Mr. Bear, Chairman of the Airport Committee, reported and presented to Council note for $1,995.00, executed by Reynolds and Lemon, payable in eighteen months, secured by Deed of Trust on metal airport hangar, together with all 243 244 iequtpment and appurtenances now located on the Airport field belonging Roanoke, said note to bear 3~ interest, payable semi-annually, and i~ast :Trust to the City covering due rent up to J~uray 1, 1935. The City Clerk is directed to have Deed of properly and promply recorded in the Clerk's ofrice at Salem~ AIRPORT-CONTRACT FOR LEASE: A proposed Agreement of Lease between Reynolds and' Lemon lease for leasing the Airport was read before Council, and various sections, of the discussed by members of Council as well as L~. Lemon, it being mutually agreed that whereas the lease is only for one year that it be allowed to remain as drawn, with the understanding that changes of the lease be in order at the expiration of the one year period, the President, i,M. Small serving notice that he hardly thought he would be agreeable for the Ci0y to continue bearing full expense for the cost of insurance, !.lr. Comer moved that the report of the Committee be accepted, that the contract be executed, and the City Clerk be directed to record the Deed of Trust in Salem. The motion was seconded by SM. Winn, and unanimously adopted. TAXICaBS-INSURANCE: Mr. Winn presented to Council a communication from the Bureau of Insurance and Banking, Richmond, with reference to insurance for taxicabs as written by the Auto Mutual Indemnity Company, of New York City, 5:r. Winn recommending that the policy be accepted for coverage of the Virginia Taxi Company. ~M. Bear moved that the recommendation of i,M. Winn be concurred in, with the provision that the same type of policy for individual taxi companies be acceptable until such time as Council may see fit to take further action in the matter. The motion ~as duly seconded, and unanimously adopted. CIVIL ~D POLICE JUSTICE: The President, LM. Small, presented to Council copy of '~Jri~ of :dandamus, brought by Dr. J. E. John, petitioning the Hustings Court to force ~he Civil and Police Justice to try cases brought on notice of motion for judgment rather than on warrants. The President of Council stated that if the p6tition is granted it means a loss of some ~700.00 per year in revenue to the City.i After a discussion of the question, ~. Bear moved that the matter be referred to the City Attorney, and that he be directed to appear in the Hustings Court on Saturday morning, March 23, 1935, to protect the City's interest in the matter. The motion was seconded by !.~. NiBB, and unanimously adopted. CITY ATTOE~EY: The City Attorney presented to Council a written report of his trip to Richmond on ?Larch 19, 1935, for conference with City Attorneys (1) with reference to segregation provisions of the constitution to tax certain property, tangible, as capital under Section 73 of the Tax Code, and (2) the cost of certain supplies and equipment for the office of the Co~ssioner of the Revenue, as provided by Sections 253, 286, 317 and 299 of the Tax Code, the City Attorney reporting that test cases in these matters would be brought by the City of Richmond, and recommended that the City of Roanoke could then be governed by the decisions in the test cases. The City Attorney as directed to advise the Council of Roanoke when the decisions of the test cases have been handed down for its consideration ,Bd determination of the questions involved. ,I~TRODUCTION AND CONS!DEI~!TION OF 0RDIN.EICES AND RESOLUTIONS: ,~ The following ordinance having been introduced, read and laid over, upon motion duly seconded, the second reading is dispensed with: (j4478) ~.~ ORDINANCE to reordain and amend Section 9 of Ordinance No. 3585 adopt, by Cou_ncil On the 18th, day of October, 1929, entitled, "An Ordinance to regulate th, ~d licensing and operation of public streets of the City of Roanoke, Virginia." (For full text of Ordinance see Ordinance Book No. ~. Comer moved to adopt the Powell, and the ordinance adopted AYES: NAYS: vehicles, taxicabs, and for hire cars on the Ordinance. by the following vote: 8, page~ ). The motion was duly seconded by ;,~;r. 51essrs. bear, Comer, Powell, ;,imm, and the President, None ...... 0. l.:r. Small ..... 5. The following ordinance having been introduced, read and laid over, upon motion duly seconded, the second reading is dispensed with: (#~479) AN 0RDiN~,~CE authorizing and directing the LLayor and Clerk to execute on behalf of the City a contract leasing a portion of the Airport property owned by the City to the Shcnroke Skeet Club for recreation purposes. (For full text of Ordinance see Ordinance Book Mo 8, page~). m'~'Mr. Winn moved to adopt the Ordinance. The motion was duly seconded by Bear, and the Ordinance adopted by the following vote: AYEo: Llessrs. Bear, Comer, Powell, Winn, and the President, l.ir. Small .... 5. MAYS: None ......... 0. ~r~no: A proposed ~mend:.~ent ~o 0rdinnnce ~o. ~01O, permitting the use of neck dusters, and also the shaving cup or mug by barbers was before COuncil, but ~s the ordinance proposed to amend ~he entire sections lB ~nd l~, the s~me is referred to the City Clerk to clearify and bring back to Council at its next ~eeting. I'~0TES-CURB ~d.~D GUT_~ER. Draft of a resolution was presented by the City Clerk for transfer of Curb and Gutter notes to the office of the Delinquent Tax Department, as directed at the last meeting of Council, Lr. Bear offering the following ~s the Resolution: (#~80) A RESOLUTION to designate the Delinquent Tax ColleCtor to collect Curb and Gutter notes~ and transfer all ~he records in relation thereto from the office of the City Clerk to the office of the Delinquent Tax Collector. -H~RE~o, 0rdznance ~&Z80, adopted Movember 2, 19Z&, provides for the creation of a Delinquent Tax DeDartment to collect any and all unpaid accourts due the City of Roanoke, including Curb and Gutter notes, and ~.HEREAS, it ~appears for the best interst of the City of Roanoke that Curb and Gutter notes no~ long past due and handled by the office of the City C~erk be transferred to the Delinquent Tax Depart~ent. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all notes ~nd records relating to Curb and Gutter assessments be, and the same are hereby transferred from the office of the City Clerk to the office of the Delinquent Tax Collector, and the proper accounting therefor be made by the City Auditor. L~r. Bear moved to adopt the resolution. and ados;ted by the following vote: A~S: BUILDING LINES - ~BFY~LL ~V~tU~: The motion was seconded by L~. Winn L~essrs. Bear, Comer, Po~e!l, Winn, ~d the President, L'~. Small .... 0. None ...... 0. The City L~.anager brought before Council the question of encroac~tment by property owners on Campbell ~venue, particularly with refe~'ence to ~-ol~l. ock's Shoe Store, the st~me being supported by sketch of the entir~-~ block from Jefferson to First (Henry) Street ~'est, showing encroachments varying t'rom ~5/~: of an inch to 8-.~ inches. The question ,tas discussed in detail by members of fount il, the City A~torney giving as his verbal opinion that the City could ask for '~ 245 246 injunctions to compel any or all of the property owners to remove the encroachments The question of requiring Pollock to remove his encroachment which now extends on tile sidewalk 6.[~ inches, whidh concern was granted permit for remodeling the front o ~their building with the distinct understanding and notation, "not to extend on the street," the opinion of the City Attorney being that this particular property owner would have no recourse to require other property owners within the block to remove · their encroachments, For furti~er consideration and recommendation the question is referred to a comuittee composed of l,~r. Bear, Judge Jackson, I:3. hunter and 1.2r. ~;inn. RAIL~;AY CROS~ING-FR~iKLIif ROAD: Mr. Bear brougl~t before Council verbal complaints which have come to him with reference to the Virginian Railway Crossing on Franklin Road - First: witi~ refe~'e~ce to the condition of the crossing Second: the Question of unsafe practice of the operation of the gates and lack of proper signals. After a brief discussion of the question the City Manager is directed to contact Virginian officials in charge ~ith a view of having conditions co~.'~plained improved. REFt/IDS .~!D D,~ '. ~..~_,~: Bill fol' ~17.80 covering traveling expenses for the City Attorney v~as before Council. Mr. Bear offered tile follo¥~ng resolution: (~4486) A RESOLUTION authorizing the City Auditor to draw ~:arrant for $17.80 in favor of "' . :,. C Jackson, City Attorney. ~Z~AS, R. C. Jackson, City Attorney, was delegated by the Council of the City of Roanoke to attend a conference of City Attorneys in the City of Richmond on ~darch 19, !°~' in the interest of the City of Roanoke. =~ iT RESOLVED by the Council of the City of Roanoke that the City THEREFORE, ~uditor be, and he is hereby directed to draw warrant payable to R. C. Jackson, City Attorney, for $17.80 covering e~enses incident to the trip to Hic~ond to attend said conference. BE IT Fb'~RT23~R R£JOLVED that $1V.80 be appropriated covering the amount of said v~ar~'ant and charged to the of£'ice of City Attorney. L[r. Bear moved that the resolution be adopted. The motion was seconded by %¥inn and adopted by the following vote; AYES: l,~essrs, Bear, Comer, Powell, Winn and the President, I,.,Lr. Small ..... 5. NAYS: None ...... 0. There bein~g no further business, Council adjourned. APPROVED PRES! DE~,iT COUNCIL, REGUI~kR MEETING, Friday, March 29, 1935. The Council of the City of Roanoke met in regular meeting, in the Circuit Court Room in the Municipal Building Friday, regular meeting hour. PRESENT: Messrs. Bear, Comer, Powell, ABSt~T: None ..... O. The Pres ident, Mr. Small, pres iding. Marc h 29, 1935, at 3:00 o'clock p. m., the and the President !.ir. b~all --5. OFFICERS PRES~,~T: W. P. Hunter, City ~,ianager. MI~rUTFi~: It appearing that a copy of the minutes of the previous meeting hes been furnished each member of Council, upon motion of ~.&r. Bear, seconded by 5ir. Winn, the reading is dispensed ~ith, and the minutes approved as recorded. HE~ING OF CITIZhTNS UPON PUBLIC k~ATTERS: PIPE LINE PERI~IT-SH~'~i~DOAH AV~'JNUE: C. L. Lacy appeared before Council and asked that he be permitted to install gasoline line from N&W Railway siding under Shenandoah Avenue to his property between Sixth and Seventh Streets. He was direct- ed to confer with the City 5ianager, who will investigate and make his recommendation to Council, after a legal opinion from the City ~ttorney. PET!TIONJ ~ID COE,~I,ICaTIONS. BUILDINGS: A communication from Lawrence S. Davis, complaining of the condition of an old building across the street facing that of Davis & Stephenson, on Kirk Avenue, was before Council. The City Clerk is directed to acknowledge receipt of the communication and advise Mr. Davis that the matter has been referred to the City Hanager for prompt attention. ELECTRICAL 0RDIN~NCE. f~ communication from S. a. Minter, Chief Factory Inspector, was before Council, suggesting that the Electrical Ordiuence be amended making it compulsory that an individual auxiliary lighting system be installed in public buildings such as hotels, theaters, halls, auditoriums and stores of three stories in height and over, where exit lights are to be kept burning at necessary times to ~ insure protection to lives of patrons, when the electric current is shut off for the protection of city firemen v;hen fighting fires in the downtovnm area or shut off for other reasons· Mm. Comer moved that the Question be referred to the City Manager, with the ' request that he ascertain what procedure is followed in other cities in connection with the matter, and make his re-port and recommendation to Council. The motion seconded by i-~r. Winn, and unanimously adopted. EQUALIZATION BOARD: A communication from the Equalization Board was before Council, stating that fifty-eight of the sixty days previously authorized by Council for comple~ion of the ~ork have been exhausted, and that an additional twenty to ~ thirty days would be necessary for completion of the work. Mm. Winn moved that the proper resolution be drawn granting the request of the Equalization Board for additional time to complete its ~ork, not to exceed thirty working days between April 1st and June 30th, the additional t~me to be staggered in such manner as may be necessary to carry the operation of the Board through to June 30, 1935. The motion was seconded by l.ir. Bear, and unanimously adopted. REPORT OF 0FFICERS: 247 248 RFJ'0RT OF THE CITY MANAGER: The City Manager ed and expenditures for week ending March 21, 1935. POLICE DEPARTM~tT: The City Manager presented !for the month of February 1935. SOCIAL SERVICE BUREAU-FERA: February, 1935, as submitted by the Social Service Bureau. REPORT OF C0~IITTEES: None. LrNFII, IIS}{En BUSINESS: None. CONSIDERATION OF CLAIk~: Hone. presented report of work accompli~ The same is filed. report from the Police The same is filed. The City Clerk presented Department report for the month of The same is filed. I~YfRODUCTION ~dk~D CONSIDERATION OF 0RDIN~LNCES AND RESOLUTI0iiS: CR0oS-0VER: a letter from F. -~. Kelly making application for permit to construc~ a concrete cross-over to accommodate property at 327 Bullitt avenue S. E., was befor, Council, the City L!am~ger reccmmending that the permit be granted. ~dr. ~Jinn moved that the reco~mGendation of the City ~.:anager be concurred in and offered the follow- ing resolution: (~4488) A RESOLUTION granti~LZ a permit to F. A. Kelly, 327 Bullitt Avenue S.E., to c~nstruct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, page 255 ). Mr. Winn moved to adopt the resolutlon. The motion was seconded by i.lr. Powell, and adopted by the .ollo~.m~ vote: AYES: L~essrs. Bear, Comer, Powell, ~znn, and the President L~. Small ---5. JAYS: iJone ..... 0. RE_~.Do Ai~JD REBATES: A communication from the Delinquent Tax Collector asking for refund of $50.00 for 2.~arjorie Kay Grosart for partial payment of taxes paid j. H Frantz, former Treasurer, m-as before Council. ~Jr. Winn offered the fallo~ing resolu. tion: (#4~89) A RESOLUTION directing the City Auditor to draw a warrant payable to ~rjorie Kay Grosart for $50.00 to refund taxes. ( For full text of Resolution see Ordinance Book Ho. 8, Page 255). kLr. ~'in~ moved to adopt the resolution. The motion was seconded by i&r. Comer, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Uinn, and the i~'resident LIr. Small ---5. NAYS: None ..... 0. In this connection, a list of partial payments made to J. H. Frantz, Treasurer for the year 1931, ~'Jas informally brought to the attention of Council showin~Z a nmmber of the items have not been refunded to date. The City Auditor was personally instructed to apply these amounts as credits on the 19~5 tax tickets. - TP~FIC SURVEY: The Question of having Traffic Survey made, as heretofore before Council and referred to the City Lianager, was again before Council, Mr. Bear offering the following resolution: (#4490) A RESOLUTION to extend an invitation to W. Graham Cole, Director of Saf. Uelfare Division, Metropolitan Life Insurance Company of Hew York City, to make a Traffic Survey in the City of Roanoke. ( For full text of Resolution see Ordinance Book No. 8, page 256 ). The motion was seconded by E~. Powell, ktr. Bear moved to adopt the resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, NAYS: None ...... 0. and the President Lir. Small --5. SE~'ER ASSES~,I~: A written opinion from the City Attorney as to sewer assessme~ ~ty, t on Lot 9, Section 5, Rogers, Fairfax & Houston Addition was before Council, Mr. Powell offering the following resolution: (~4491) A RESOLUTION to release the s.ewer assessment against Lot 9, Section 5, Rogers, Fairfax & Houston Addition, amount.~ng to $18.81, the assessment being $10.94~i, ilplus interest from March 1, 1923, of $7.87.i~ { For full text of Resolution see Ordinance Book No. O, page 256 ). Mr. Powell moved to adopt the resolution. and adopted by the following vote: AYES: }~Iessrs. Comer, Powell, Winn, and the President, NOT VOTING: _~w, Bear ..... 1. NAYS: None ................ 0. The motion vas seconded by }~Ir. Winn ~'~r. Small --4. FERA FLE~L~:~Ihe Question of FERA funds for the second Quarter of 1935 was before Cou~cil, and after a discussion of the matter, it being the unanimous opinion of Council that the monthly appropriation of $5,000.00 as heretofore made to the FERA by the City of Roanoke ~ould be discontinued. .~r. Comer then offered the follov~ing resolution. (~4~87) A RESOLUTION to authorize the application for funds under the provisions of the Federal Emergency Relief Act of 193~. BE IT RESOLVED by the Council of the City of Roanoke that the follo;'~ing application be ~'~nde for funds under the Federal ~nergency Relief Act of 1933: To His Excellency, The Honorable George C. Peery, Governor of the State of Virginia, Richmond, Virginia. We, the undersigned officials of the City of Roanoke, Virginia, hereby request the Governor to make available out of funds ~Jhich the Commonwealth of Virginia may secure under the provisions of the Acts of Congress the sum of $176,079.~0, to be used for the period April, ~lay:and June 1935, in furnishing the benefits of the relief program to needy and distressed people and in relieving the hardships resulting from unemployment or economic distress in said City. We hereby certify that the funds herein applied for are necessary for the pur- poses aforesaid and that the resources of the said City, including moneys now availa- ble, or which can be made available, by the said City, including private contribu- tions, are inadequate to meet the relief needs of said City. Data in support of this application is hereto attached, and made a part hereof as fully as if set out herein, evidences in detail the urgent need for the funds for which application is hereby ~de, as well as the amount of funds which have been or shall be provided by the said City for the purposes covered by this application; ~'Jhich said data has been signed on authority and with the approval of this governing body. Ne, the undersigned officials of the said City agree to conform ro and abide by all requirements of the Federal legislation under and by which these funds may be available, and to all rules and regulations of the Federal Emergency Relief Adminis- tration and the Virginia Emergency Relief Administration, or of their successors, concerning standards of relief and the administration, supervision, sponsorship of ~rojects which inure to its benefit, distribution of, and accounting for, any and all aoneys made available for use in the said City therein pursuant to this application and to cooperate in the sponsorship of projects, and for the projects sponsored by the said City, we do hereby assume full responsibility for public liability for injury and/or damages, and specially for Workmen's Compensation with respect to all those persons employed in connection therewith and also with respect to all those persons 249 250 engaged in the administration of relief in said City .while occupied in and about the performance of their respective duties. It is expressly understood and agreec that the personnel employed in the ad- ministration of relief in said City shall be approved by, and serve during the pleasure of the Virginia Emergency Relief Administration, or its successors. IN WITNESS ~HEREOF, We, the undersigned officials of the said City have here- unto set our hands and caused same to be attested by the Clerk of the said City, this 30th, day of Liarch, 1935, Roanoke, Virginia. Lit. Comer moved to adopt the resolution. The motion was duly seconded by l.~r. \ Ninn, and the Resolution adopted by the following vote: AYES: idessrs. Bear, Comer, Powell, Winn, and the President, Mr. Small --5. NAYS: None ...... 0. BARBERS: An a,,~end~_~ent to Ordinance No. 4016, pem.~itting the use of neck duster: and shaving cup and mug, by barbers was before Council. It was brought to the attention of Council that no pI. ovision is made for the sterilization of the shaving cup or mug, and the same is again referred to the City Attorney for clarification and inclusion. ~;0Pd~,~'S C0,,,Pm~o~ION-TAXES: A tax ticket from the Cor~mom·~ealth of Virginia, amounting to ~326.?1, covering taxes for Workmen's Compensation ~'ms before Council. The question is ref~rre~ to the City Attorney for investigation and advice to Co~n- cil as Zo m'hether or not the assessment is propsr in view of the fact that the City of Roanoke is its own underwriter for Wor~en's Compensation, and in view of the fact that the bill in question appears to be a tax on total amount of payroll. .... SC ~.LLAL~0 US BUsINeSS: BUILDING LINES-C~B~L AV~'.~UE: The following report by the Committee composed of "essrs. Bear, ~'inn, and Hunter was bef0r~ Council: "We the undersigned committee, heretofore appointed by the Council to investigate and report on the recent encroachment, on the north side of Campbell Avenue between Jefferson and Henry Streets, with particular reference to the encroachment of the Pollock Shoe Store. "We herein submit, ~hat about three weeks prior to the issuance of a permit, a representative of Jaff Brothers, appeared at the Building inspector's Office for information ~vith reference to a new store front for the Pollock Shoe Store, and was told by the Building Inspector that he could not allow any encroachment beyond thc property line, and was also advised that no one could allow same except the City Council of Roanoke, and further was informed to take the matter up with ~,2r. Hunter, City .~anager, and City Council. "Subsequently, plans were submitted by Jaff Brothers of Long Island City, Ne~ York, and a permit was r~quested by Davido~ Wall Paper Company of Roanoke, Virginia, and a permit was granted by the Building Inspector, not to Jaff B~thers, ~he reel party in interest, but to the said Davidow Wall Paper Company. The said Jaff Brothers were the real parties in · interest and the general contractor for Pollock Shoe Store, and actually did the work in installing the front in Question. The permit granted as above stated, recited on its face that no part of said store front should encroach or project on the street and in addition to information contained in the permit relative to encroachment, Jaff Brothers as well as Davidow Wall Paper Company were verbally advised by the Building inspector that encroachment on the street ~'~ould not be permitted. "Notwithstanding this warning and information given the said Jaff Brothers and the Pollock Shoe Store, they proceeded to and did install the store front encroaching on said Campbell Avenue, approximately two and one-fourth inches beyond the line of the original pilasters of the old store fro~t. The encroachment on the West side of the building is 5 5/~ inches and on the East side of the building 6 1/& inches. "From the foregoing statement it appears that the violation of the ~' ~mty Ordinances relative to encroachment was flagrant and wilful and same should not be allowed to pass unnoticed.:' After a discussion of the report, LLr. Powell moved that the report be received and that the City 5ianager be directed to request the Pollock Shoe Store to show -reasons if any why the encroachment should not be removed in view of report receive~ and accepted by Council. following vote: The motiom was seconded by Mr. Comer, AYES: Messrs. Bear, Comer, Powell, NAYS: None ...... ~-0. LEAGUE OF VIRGINIA LEE, IICIPALITIES: Winn, and the President, RELIEF C0~LITTEE: and adopted by the ~ .L~r. Small ...... 5. ! The President, Mr. Small, brought before Council a communication from the League of Virginia !funicipalities ~ advising him of his appointment as a member of the Relief Committee of the League. '~ !Jr. blnall stated in a discussion of the Question that the City of Roanoke not being~ a member of the League, he hesitated to accept this appointment. It was the ~ consensus of optnio~ that a letter be sent to the League of Virginia L~unlcipalities stating that the City of Roanoke is not a member of the League, and for that reason. the Council of the City of Roanoke is of the opinion that it would be inconsistent for a member to serve as a member of the Relief Committee. The City Clerk is directed to write the letter. C0~$.'~0NWEALTH ATTOPd~EY - fd~PEAL FRO%i C~MP~!SATI0il BOA~RD: Notice from R. S. Sm~_th, Common¥~ealth Attorney, that he would petition the Judge of the Hustings Court for the City of Roanoke to hear ~vidence in support of petition appealing from the award of the Compensation Board in the matter of compensation for the Office of the Commonwealth =~t~orney for the City of Roanoke on the 5th, day of April 1935. In a brief discussion of the question, the City Attorney stated that he was preparin~ to ap!~ear on the date in question in the interest of the City of Roanoke, and he was so directed to aPi~ear in the interest of the City. TAX D .EPARTi.~LT.~: The City Lianager brought to Council a request of the Delinquent Tax Department for an adding machine at a cost of $205.00. The City i.ianager is directed to investigate and see if it is not possible to ~ m~:,e s omc arrangement for the utilization of other equipment in the building, thus eliminating the purchase of the machine in question, particularly in vie~ of the fact that the Delinquent Tax Department is sup~.osed to be only a temporary proposition. G~_o0LINE STOPJ~GE TAd{L ..~=IC CiTY LAUi,iDRY: The City i..ianager reiported that his investigation of the request of T. B. Witt, representing the Llagic City Laundry, for permit to install a gasoline storage tank develops that he does not have the permission of the property o~ners for the installation, and that it was his reconn~enda- tion he secure the necessary permission before being granted a permit by the City. It was unanimously agreed that this procedure should be followed. CO.L~LA.z,~ ~S: It ~'Jas brought to the attention of Co)mci! that Wellington Avenue, South Roanoke, ~as being used as a testing ground for automobiles, making the street iangerous for ordinary travel. The City L~anager is directed to look into the matter ~ith a view of placing a center line in the street. COL[PLAINTS-C~TTLE: Mr. Uiun brought before Council a complaint from citizens in Virginia Heights of cattle being kept in the back yard of a residence on Virginia ~venue. The City I~ianager is directed to investigate with a view of improvement in bhe situation. !NW'iTATION TO VISIT BOSTON: Messrs. Burton L. Thomas, i~resident of the Gray ~ine, inc,, Boston, ilass., togethem with George F. Pearson, appeared before Council ~nd presented letter from the Honorable Frederick U. ~ansfield, Liayor of Boston, ~xtending to the people of Roanoke an invitation to visit Boston, i. Lr. Thomas ~xtending ~o the members of Council a personal invitation to visit the replica of the ~ld iJ. assachusetts State itouse mounted on a bus chassis, in which the representatives 251 [252 are traveling. In response to the invitation, the President, ~.~r. Small, stated that Council iwas very glad to have the letter from i.layor i.~ansfield, and that the same would be ~.made a part of the minutes of the meeting, and he was asking the newspapers to use ~such part of it for publicity purposes as they could, that incidentally, the L~ayor is unable to accept the invitation for an early visit to Boston, but the Councilman ~tnn will be in Boston during the coming week, and that he was appointing him as special ambassador to the L~ayor. follows: The communication from i~ayor i~,!ansfield reads as "Roanoke is a beautifu! and fascinating city to visit, but I ~m sure you will concede that in the tourist season between April and l~ovember the old Bay Stat and all of ~Jew England, have their peculiar chaEn which is equally attractive. in order that this assertion may be tested and proved i am pleased to extend to the citizens of Roanoke through you a most cordial invitation to visit Boston during 1935 and especially in the months of Spring and Surmuer. ";Ye have many historic shrines here, ~s you know, and every modern hotel accomm~odation. Boston Common, the 01d North Church from whose belfry the lanterns ~;'ere hume ~'Jhen :~aul Revere made his famous ride, Revere's old home, Faneuil t~all (the cradle of Libertyl, the Cld State House, the 01d South Churc the scene of the Boston~asoacre'" ~ , Oriffin's Wharf vJhere the famous Boston Uea Party ~barhed, Concord, Lexington and ~unker Hill are only a few of our sacred places. "P~ease ask the veor, le of Roanoke to come here and see the~. Boston will be glad to greet them and to show them what real New England hospitality can be" The City Clerk is directed to request the ~.r.l.i.J. Scruggs, Delinquent Tax Collector, furnish the Council of the City of Roanoke, effectz'".e .~._"~'il 1, 1~o~=, quar~,~+~" statement of delinquent taxes collected ~or the benefit of the ~ity of Roanoke, staZement Zo show gross ~nuount collected, separated between cross colleczions nmde by his det~artment and cross collections in the office of the Clez-k of the Courts, the statement to be separated as between white and colored tax_~.~.....~,_~s,~'--'='~+ and to show_ separate clas~-ifications for _persona! p~oi.~erty and real estate. Bi, GET: ~b ~._e City, i:[anager advised Council that he expected to have tile Budget for the next fiscal year ready for consideration of Council by Lpril 15th. There being no f'~rther business, Council adjourned. ~PPR0 VED President COUNCIL, REGULAR MEETING, Friday, April 5, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in She ~:~untcipal Building Friday, April 0, 19~0, at 5:00 o'clock p. m., the regular meeting hour. PRES~T: ~essrs. Bear, Comer, and Powell ..... ~. ABSEI~I: Mr. Ninn, and the ~resident Mr. Small-2. The Vice-President, :::r. Comer, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager. lJINUTES: It appearing that a copy of the minu~es of the previous meeting has been furnished each member of Council, upon motion of i.~r. Bear, seconded by Powell, the reading is dispensed with, and the minutes approved as recorded. M~.~RLNG OF CITIZENS UPON PUBLIC I,LATTERS: PARENT TEACnF~RS' ASSOCIATION-FRi~E I.,IILK FU~: Mrs. Frances S. '~'omack a~pe ared before Council and asked ~hat in consideration of the budget for the next fiscal year that an appropriation be n~ade at the present rate of ~166.66, for the twelve month period. Idr. Comer, the Vice-President, stated to '..irs. Womack that Council had not as yet given consideration to the budget, but that i.2r. Hunter was at the present tim~e co~piling his figures, and that her request would be referred to the City ~0ianager, and the matter given consideration %vhen the budget comes before Council. PETITIONS Ai~D C0k~'AT0q~iiCATiONS: BURRW.].L ~.~0R±AL HOSPITAL: A lengthy telegram fror~ the Burrell ~emorial Hospital, si~ned bv L. C. Do~:ning, l~i. D., Superlntendent, was read before Council, asking that the City Council authorize the payment of $1,01~.40, for City patients treated at the hospital. It developed that the Burrell ~demorial Hospital is receiving from the City as an appropriation carried in the budget, monthly warrant of $346.88 for the treatment of City patients, but there is still a balance due over and above this arm~unt received of $1,093.~0, according to statement of the City Physician. After a discussion of the question, ~Lr. Powell offered the following resolution: (~4492) A RESOLUTION authorizing the City Auditor to draw warrant for the sum of $1,000.00 to the Burrell i~iemorial Hospital. BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is directed to dra~ warrant for $1,000.00, payable to the Burrell ~emorial Hospital for treatment of City patients. BE IT FURTHER RESOLVED that the sum of $1,000.00 be appropriated to cover said warrant. ~.ir. Po~ell moved to adopt the resolution. The motion was seconded by 5ir. Bear, and adopted by the following vote: AYES: l.iessrs. Bear, Powell, and the ~ice-President, !~r. Comer --~. -- NAYS: --- 0. SAW;ER ASSESS,~.~2ENT: A commtmication from E. F. Jamison asking that se~er assess- ment for lots 17 and 19, Section ~5, Crystal Spring Land Company, in name of j. T. Cullen be released, was before Council. The Question is referred to the City ~anager for investigation, report and ecommendation. The City Clerk will acknowledge receipt and advi~e action taken. 253 '254 CITY AUDITOR: Communication from H. R. Yates, City Auditor, asking that he be !authorized to purchase an additional Bookkeeping Tray to accommodate additional !ledger account sheets occasioned by the turning over to his Department the records ¢ ithe Social Service Bureau. It being the consensus of opinion that the new tray is ~!essentlal in the proper keeping of the accounts of the City, Mr. Bear offered the 'following resolution: (~4~93) A RESOLUTION authorizing the City Auditor to make requisition and draw ~arrent amounting to ~40.00 for Bookkeeping Trays. ~HEREAS, an appropriation is made in the Budget for additional Trays for book- keeping machlne in the Auditor's office, and '~'HEREAS, the transfer of records of the Social Service Bureau necessitates ad- ditional Tray space at this time. .,~-~.~,~_ RESOLV'JiD by the ~ouncil of the '~it,~ ., of Roanoke that the City Auditor be, and he is hereby authorized to hake requisition for additional Bookkeep- lng Trays an/ to draw warrant amounting to $40.00 in payment therefor. BE IT YURTi~M RESOLVED that $40.00 be appropriated covering amount of said ~a r va.-/t, L'r. ~ear moved to ado!t ~t~e resolusion. The motion v:as seconded by i;r. I'o¥;ell, and ado2ted by the fo!lo¥~ing vote: .,YES: ,~srs Bear, ?owe!l, and the Vice-President, l.;r. Comer--3. z,,.-, zo: leone · -0. £TRE~ ?ARi[¥;AY: A petition signed by one hundred and t~Jo propert-- owners and residents in the Southeast section, askin~ that the City Council take no action in removing the yarkv~'ay in ~he center of the street between Jamison Avenue and High-I land Avenue on 9th, Street, was before Council, as heretofore requested by twenty-/ _ _ _ one ~roperty owners in that section. The City Clerk ms dmrected to fzle the petitio$ with other papers in connection with the 9th Street Park¥.~ay matter. ,,~.,~.:.~,'S DE.:0CR~TiC CLUB: A commtuuication from the Roanoke Woman's Democratic Club, signed byl.lrs. H. E. l~[ayhew, Corresponding Secretary, inviting members of Council to attend a jefferson Day Dinner, sponsored by the Club, on Saturday, April !3th, at Hotel Roanoke, the plates being ~1.25 each, was before Council. The City Clerk zs directed to ac~.no,,l~a~e receipt of same. CITY FAE~; PFiBT HOUSE: Communication from l.;iss Beverly M. Becket, Secretary of the Roanoke Council Girl Scouts, was before Council, expressing the appreciation ~.na'~ '" than~s'" of the local Council_ for Council's action in permitting the use of the ~est House by the Girl Scouts for a "Little [qouse". The conmuunication is filed. LICenSE T~ LNSPECTOR: A communication from J. H. 2,Iehaffey, License Tax Inspect ca!lin~ attent~ on to the minimum license fee of v~.00 for traveling shows performing · at the City Auditorium and the Academy of i.iusic, and suggesting that the license tax be increased, was before Council. it was moved and seconded that the matter be referred to a committee for investigation and report. The Vice-President appointed as the Committee, Messrs. Bear, Hunter, and R. C. Jackson. R?.-~0RT 07 OFFICERS: The .City ~anager presented report of work accomplished and expenditures for ~eek ending L~arch ~8, 195~, show~ng garbage removal of fifty-one 'cents. The same is filed. '~ ]:IPE LINE ~RLiiT ~H~;..~OAH A~~: The City L~anager made the fo!lo~ng written report ~ith reference to application of C. L. Lacy to install gasoline pipe line and storage tanks: s )r, "Regarding the request of Mr. C. L. Lacy, for a permit to install a gasoline pipe line across Shenandoah Avenue between 8th and ?th Streets, and to install a 15,000 gallon underground storage tank on the North side of She~mndoah Avenue between ~th and ?th Streets for retail gasoline business. "Judge Jackson, City Attorney, is of the opinion that if the property owner ownes the abutting property on each side of the street that he should have the right to run a water or gas pipe line across the street so long as he does not interfere with the surface use to which the street is subject. "Therefore, it is my recomm_endation that !.Ir. C. L. Lacy be granted a permit to install a 15,000 gallon underground storage tank on Shenandoah Avenue between 5th and 6th Streets, on his property, and to install a pipe line from the N. & W. Siding under Shenandoah Avenue between 5th and 6th Streets. This property is located in the light indus- trial area." -Mr. Bear moved that the matter be referred to the City ~_ttorney with instruc- tions to prepare proper resolution for consideration of Council, bearing in mind an indemnifying clause providing fOr the posting of bond for the protection of the City. The motion v:as seconded by :..'r. ~o~ell, and unanimously adopted. ~0RT OF CITY ATTORi~EY: WOP~[M~'S C0::~t~ENSATION-TAXES: A m'ritten report from Robt. C. Jackson, City Attorney, with reference to tax assessed b~. the Co~mnonv~ea~th_ of Virginia for b'ort~nen's Compensation, was before Council, reading as follo~vs: "The Co]mnonwealth of Virginia has presented to the City for payment an item of ~' . ,~26 71 covering tax upon prer~iums assessed or collected for the benefit of the maintenance fluid of the Industrial Com~i. ssion. "As the City of Roanoke carries its own insurance ri sk Council seems to have had some doubts as to whether the charge was a proper one and referred the .matter to me for an opinion. "Section 75, Paragraph {j) of the 'Jorkmen,s Compensation Law of Virginia, expressly provides that an employer carrying his ovam ris~ shall be assessed against his payroll a maintenance fund tax computed by talcing two and one-half per centum of the basic premiums chargeable against the same, etc. "The City has been carrying its oven insurance against liability for personal injury to its employees since the year 1927. The records show that by so doing the City has saved many thousands of dollars, representing the difference between the amount paid employees, including the tax on pre_~:~iums and the City's proportion of the maintenance tax it would have paid had it not carried its own risk." Bear offered the following resolution: (#~_9~) A RESOLUTION authorizing the City Auditor to draw warrant in favor of ~he Treasurer of Virginia for $326.71, covering tax due for Workmen,s Compensation. BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, ~ud he is hereby directed to dra~z warrant for $326.71, payable to the Treasurer of ~irginia, covering tax due on basic premium of $13,068.40, at the rate of ~ ,2.50 per hundred. BE IT FURTHER REa0LVM~ that $326.71 be appropriated, covering amount of said '~arrant. Mr. Bear moved to adopt the resolution. The motion was seconded by ~Ir. PoweL1, ~nd adopted by the following vote: AYES: Messrs. Bear, l:owell, and the Vice-President !..~. Comer --~. -~_, o: None ........ O. :&~C~.~T~' ,~IC~JSE. J. C. Draper appeared before Cou_ucil stating that he had [isposed of his business located at Stall 28, City ~£arket, to '. U. Peery, and asked ;hat his license either be transferred, or that he be granted a refund for the time icense is unsued. The question is referred to a Committee composed of L2.'essrs. 255 256 Bear, Hunter, and Jackson, for investigation and report to Council. ROANOKE T;ATER WORKS: A communication from S. H. Barmhart, advising Council that W. E. ~ells has completed his engagement in a review o£ the Saville Appraisal iof the Roanoke Water Works Company, was before Council. It was stated by members o: ~ounctl it was generally understood that an appropriation would be made in payment !of service rendered by i.lr. h'ells after completion of his work, and Mr. Bear offered !the following resolution: (~4495) A RF, SOLUTICN directing the City Auditor to dra~ a warrant for $375,00 · in favor of U. E. Wells, for special services rendered. of $125.00 per month, Wells was employed for a period of three months at the rate to assist in the review of the Saville ap]~raisal of the Roanoke i, ater Works Company, and he has now comi~leted his engagement. ~"?~'~:~'~'~~n,',~,'.~unx.,, BE IT I~0LV,,.D by the Council of the City of Roanoke that the City · ~ directed to draw a warrant for the sum of $375.00, Auditor be, and he is hereby. t. ayable to ,.. E. ',,'ells, for special services rendered in review of the Saville .a% o: ~he Roanoke ',,ater Uorks - ~oml~eany, that ~375.00 be al~Dro~_ ri at ed covering amount of said warrant. Bear moved to adopt the resolution. The motion v.~as seconded by Lit. Po~e!l and adopted bi.' Zhe fotio¥;ing vote: ~z.~o: ,-essrs. Dear, 2owell, and the Vice-Lres!dent, :,~. Comer ---3. KAYS: None -0. ~.~.~,.-~,~: ~ co?~nunication from ~.... J. $crug~s, Delinque'at Tax Collector, ¥;as before Council, asking for i:ayment of erpense account, amou'atinc to $14.25, fei- tr~i: to 2ictumond, Va., on i.:arch 30th, for confe-,-ence rith '..lt. Morrisette State Tax Comz~issioner. The request is held in abeyance l~ending additional data and clarification of the matter. · ..~,~~.~ B~.~LD. It having been heretofore agreed that a resolution would be offered for extension of time necessary for the Equalization Board to compiete its work, ILr. ?owell offered the following resolution: (~4498) k R~SCLUTiON authorizing additional time for completion of work necessary by the EQualization Board. i?~-,_~.v. Aa, the 180 man days provided for in Resolution #4432, have been exhausted by the Equalization Board, and it is est~mted an additional twenty to thirty workinE lays ,will be needed to complete the work. ~?~i~~0.~,~ -: .... ~ IT R~O'~J~ ED_ by tl~e Council_ of the City of Roanoke that the Eq~lization Board be, and is hereby authorized.to utilize additional time to ~ays com-~j!ete its work, not to exceed thirty ~orking/between ~r~l 1st and June 30th, the rate of compensation to be fixed at $10.00 per day as heretofore agreed. BE IT FLR~ RESOLVED that $900.00 be approi~riated to cover total n~ber of we ~k- ~ng .days authorized. ; ~.3Lr. Pom'ei! moved to adopt the resolution. and adoDted by the following vote: AYES: Messrs. Bear, Yo~ell, 'i !,~S: i'lone ..... O. '~ ~ i ~ .&SUi,ER. C. R. Kermet t, The motion was seconded by llr. Bear, and the Vice-President, iLr. Comer --3. City Treasurer, appeared before Council and presented~:, his monthly rei~ort .of taxes collected for the month of i'.larch, 1935, $34,057.88:, collected, as cern'oared_ to ~17,511.96 for the month of L:arch, 1934, showin or a difference of $16,545.92; collection of taxes, including penalties and interest for the first three months of this year being $91,733.77. The report is filed. · ~Au~'S OFFICE: The Vice-President, Mr. Comer, stated tha~ he had tn mind br~sin~ before Council the ~uestton of compensation for ~. Ruddy in the Co~onwealth A~torney,s office, but due to the absence of two members of Council he ~ould dslay that until next FPiday. ~T~To: L~. Bear brought up the question, and asked if the City L[an~e~ had any detail ins!~eotion of defects in streets ~hrou~hout the uity ~de any time recently, and suggested tha~ i~ this had no~ been done and while the "~ht~e NorkeDs ape available this mich~ be a ~ood time fop this to be done. ~oneuP~ed in Zhe thought. The City '2anag®r FERA FL~: Resolution !11o. 4487 authorizing the apD!ication for funds under the. ~rovisions of the Federal ~ergency Relief ~'~ct of 1933 %'Jas discussed. The City Clerk 'as asked to certify to Council that deletion of the $15,000.00, as originally sho~,a~i )n the supporting data, as a ~uarterly contribution by the City of Roanoke, and ac- ,o~d~ng to the phraseology of the Resolution '~ould have been made a fart thereof as ~u~ly as if set out therein The Clerl,: Dresent~a co!:y of the original resolution~ ~ oce~he!' v~ith co~'j of the su~Dortin~ data, and e~:~!ained ~-~ - ~ ~:~ elrcumstances !eadin~ .i~ to th~ chan~e, necessitating ckan~in~j the a~...ount of tke re%uest from .~!6!,079.50 ;o ~17~.,07~.50. It fas moved and seconded that the action of the City C!e~q~ be atified. There being no further business, Council adjourned to meet at 2:30 on Friday, oril o~ 19~ to hold public hearing: of application of the Colonial-American liationa! Bank to change certain lots in the Southeast Section from General Residence Business District. APPROV ~ ~D President 257 258 C0%~NCIL, REGULAR MEETING, Friday, April 12, 1935. The Council of the City of Roanoke :net in regular meeting in the .Circuit Court ~'Room in the Municipal Building Friday, April 12, 1935, at 2:30 o,clock p. m., the ~i, early hour called for the purpose of hearing on the question of armnding the "Ordinance. tRESS.iT: Messrs. Bear, Comer, !owe!I, L'inn, and the i:resident Lh~. Small--5. Hone ..... O. The i'resident, LA'. Small, presiding. City l.:anage r. .,~,,~,;~ ~.~D~.....,~-... The President, ...~. ~mal. 1, stated that the early hour of the r~eeting had been called for the ?urf_.ose of hearing, on the q~estion of ~ending the Zoning ¢.rdinance for parts of Lots 6 and 7, and 21, Section 32, on the north side of Highland Avenue bet¥~een 6th and 7th Streets S. E., and part of Lots 1 and 2, Section ~,!, on .:,he northYJest corner oz' iligh!and ;,venue and 0th Street S. E., Belmont ~omzan~, to cbc.use sal.ne fron General Zesidence District to Business District as /.=''tloned~.~ by the .~olonial 2.merican National Bank, and as advertised in a local nersyaper. Zk~. Hviton,~ Trust Officer of the Colonial .... .n:,er~can _'..:'ational Bank, executors of the estate of £ .... Llxorley, appeared before Council and spoke briefly in behalf of the proposed change. There being no objection to the change, i.k-. Comer moved that t~e pro?er mne.,m.:~:nt zo t;,e Lon~_ng Ordinance be prepared for presentation to Council for cons~der~_on at the next meeting on Friday, April 19th, 1935. The motion was secon~ ed by lZr. Bear and unanimously adopted. i.i~UTLS: Attention was attracted to Resolution i[o. 4496 a~pearing in the minute o~ vhe ]ast meeting, autho-' - _ ,mzing additional time for con~.!etion of work necessary by the Equalization Board, it being~ noted that the words "man-days" appeared instead of"~orking days." i,~. Winn moved that this part of the minutes and the resolution be changed as follows: in th~ fifth line of Resolution I~o. 4496, the r,~rds, "man- days" be chan~ed~ to "working-days", and in the fifth line ,from the bottom, the same change to be trade, and in the second line from the bottom the amount of $300.00",cha~ The motion was seconded by l.~. Bear and unanimously adopted, l'fith this change, and it au, pearing th=~ a copy of the minutes of the previous meeting has been furnished each member of Council,_ u~on_ motion of ~..r. 'jinn, seconded '~o~. L'r. Bear, the reading is dispensed with, and the minutes a!:proved as recorded. UPON PUBLIC ~/dATTERS: None. PETi Ti 0-.,o _~i'[D C ~E~Ji'JiCATi 0NS: SC]'JDAY, O~ B~,,u~ ~'~,mTom CHL~Cn: a co~ication, ~ ~o~ together with resolution, from V. j. Baldwin, Church Clerk of Belmont Baptist Ch,'ch was before Council, protes against the, sho~ing of Sunday Liovies in the City of Roanoke, ~d endorsing the efforl of the Commonwealth ~.ttorney to prevent the giving of S~day shows ~ The .~ity Cle~ is directed to ackno~ledge receipt of the co~ication and advi that: Council is without authority in the matter, and that the s~e is under the jurisdiction of the CoF~monwealth ~ttorney. ing S e LEAGUE OF VIRGINIA MUNICIPALITIES: Executive Secretary of the League of Virginia Municipalities, was before Council, asking that further consideration be given to the question of dues of $1,050.00. question was A communication from Morton L. Wallerstein~ discussed at length, the President and L',r. Winn indicating they would not be averse ,to voting for an appropriation o£ ~800.00 dues for the calendar year, but would not support a resolution to appropriate the sum of $1,050.00 as requested by the League. I,~. Bear indicated that he would not support a resolution for an appropriation for a sum beyond $400.00 as a maximum. After further discussion of the subject, Mr. Comer offered the following motion, the same to be made a part of the minutes, and to be dispatched to i.'.r. Uallerstein. "Your letter of April 10~h, addressed to V. ayor Small, v~as discussed at the regular meeting of the Council of the City or Roanoke on Friday, April 12th, at which time it ~as the judgment of Council that the City of Roan6ke is inclined to retain its membership in the League of Virginia Municipalities, but due to its financial conduction, it must be understood a continuation of m~mbership ~il]. not involve any expenditure to the City of Roanoke in excess of that of 19~4." The motion was seconded by i,~. Uinn, and adopted by the follo~f_ng vote: aY=o: i2essrs. Comer, Powell, Z'inn, I,L,YS: 1.2r. Bear 1. and the }res':dent Nr. Small --4. SCHOOL B0-~RD: ~ corm~unication from the Roanohe City School Board with reference Io installing bracket light on the north side or the .~ddison P'igh School building ~;as before Council, it beinc stated that the School Board has no available funds ~ith which Vo install the proposed fixture. _,he City C1 ~- ' ~ e~'~ ~.s directed to acknowledge receipt of the letter and suggest that the amount be included in the budget figures for the coming fiscal year, ERC~.~o' LIC~tSE T.~: J. C Draper appeared before Council to ascer~=_,n what ~ction iP any had been taken with regard to his reques$ fo'-' transfer of license ~o i~ ....i'eery, or a refund for license 'paid, as referred to a cormnittee comvosed of ~.essrs. Bear, Hunter and Jackson, at the last ~eeting of Council. ~. rel~ort of the or. nm. ittee was read, the same recom',aending that the request of Nr. Draper be denied, n view of the -..erchants' License Ordinance governing such cases, and providing that ~uch license shall not be transferrable or prorated. The President, :.:r Small, stated to i.[r. Draper that Council was without .... -' ~. ' ~U~!OPi t'~' o grant his request, as much as it would like to under the circumstances, and sug- asted that he confer with Judge Hart, the CoF~...issioner of P;evenue, v~th reference o the question. ! ~Cr_~.uL B0~d~D: Copy of letter from the Roanoke ochool Board addressed to the City re~surer, transferring from tl~e School :,ccount to the General -~-ccount of the City ,f Roanoke ~981.79, representin~ balance in Reserve Fund for the operation of the ~ld 2ost Office Buildin~ prior to February l, 1935, at which time the operation of false Ia,, was assumed by the City. The co~.~unication is filed. C0i, PLAINTS-POLICE D£YAii~dI~T: A communication from R. W. Ualdwel!, Idarti';,svi!le,. complaining of treatment received at the hands of the Roanoke Police Department ,y a group of shoppers on a visit to Roanoke, v;as before Comucil. The City Clerk is directed to acknowledge receipt or same, and advise that it Ls the volicy of the City that the Police Depart.~nt of the City of Roanoke ende-vor at all times to ~ive courteous attention to the out-of-to',:m, public, and particularly/, ~o the motorist, and that the matter complained of will be given careful zn~s~iga- ion, and further report in the light of 'the" ~'~ znves~oation nmy be made to i.[r. Cald- ~ell. The complaint is referred to the City Manager for attention and report. 259 SE~ER ,'~g ST01~d DRAINS: A petition signed by twelve parties asking that relief Me given to unhealthy sanitary conditions caused by pool of water located in the bzLddle of the Fourteen itundred Block between Orange Avenue and tlanover Avenue. The i . Czty Clerk is directed to acknowledge receipt of the petition, advising that same ~has been referred to the City ~anager, who advises that this lroJect has been Tor correction, and that Council is hopeful that same can be reached within a short REPORT OF 0F~,~:~o. ~.~.~ER. The City l.lanager presented re;~ort of work accomplis' ~ed ; R~ORT OF THZ CiTY "' "' . and expenditures for week endin~ ~pril ~, 193~. The same ts filed. LIC~iSE TAX-TRaVET,Ii~G SHOVS: Report from th~ conmnittee comi~osed of .%lasers. .Bear, ilunter ~nd Jackson to investigate and report on question of minimmm license fee of $2.00 for travelin.z shove v,'as before Council, reco~muending that the license be changed to ~10.00 per d~y, and ~50.00 per week for such exhibitions. The City Cler'_,~ is directed to reques~ the City Attorney to prepare amendment to last paragrapl of Section #34, substitutin~ the amounts of $10.00 and $50.00 for the $2.00 and ~10.00 as no-~': in force. report from the City Manager reco,,~uending that request for release of asse~s-..,.en~ against lots 17 and part of 19, Section 55, ~r~stal S~ring as requested b:,- E. F. Ja~,~,'ison on pro?arty in name of J. T. Cullen be refused. The report of the City Manager is referred to the City Attorney with request that he give legal ol~inion on the matter. COI~,d. iSS-~,_,~ OF.~n,~o,,.: Rey, ort showing surmmary of all cit,,., levies for month of l.[arch 1~35, by the Uo:~_tssioner of Revenue ~','as before Council ~h~ City Clerk is directed to ask the Com_mmissioner of Revenue to furnish Council report showing total amount of Sierchants' License paid for the year 1935, up to April !5th, as ' ~-~ _~ ~' and number of merchants delinquent at the com2area ~?ith the s_;.:e ~.~r._od for 1934, present time, ~,~, total number of i[erchants' License issued for the same comparat teriod. ~ ~ ? ':~ r~°d.~i-or,,~,,~'~D~ .~.,~. The City Attorney presented report-and _~ir~L l~i~,~~. ~ ~--m ,- '" ',' ~ -: ', , - ':"r ' , ,'" recoz.~nendation as to handling of request for permit to install gasoline pipe line am storage tanks, as made by C. L. Lacy. The City Clerk is directed to send copy of th~ report to the City l.ianaGer, with the request that he require of the applicant the necessary Bond. REP0:RT ~...w -- ~ · , ~ uz C01.ZLiTTEES: ;.~. Bear, ~hazr:.~n of Committee, appointed to investigate and made reco~muendation as to revision of Bonds for City ~up!oyees, presented to Council list of names reco~.~nended for inclusion in the ne~; bond which will be renewed on April 25, 1935. The City Cle '- _ ~ r~ is directed to preoare proper Resolution e~:~ody- lng the names as reco;mmended for consideration of Council at its next meeting, for substitution of Resolution ~? .,,o. 4250 as adopted on .April 24, 1935. FiRE ~SCAPE-0LD POST OFFICE BUILDING: The City Manager presented itemized statement showing cost of erecting fire escape at Old Post Office Building on Corner of Church Avenue and First (Henry) Street S. t'f., showimz total cost of $564.72. The Clerk is directed to prepare Resolution appropriating from the Oenera_l Fraud and au- thorizing payment el-' bills amounting to $564,72, covering installation of the fire escape. BUILDING LINE-POT.I.0CK SHOE STORE: The City Manager reported that representative of the t'911ock Shoe Company would appear before Council for a hearing in the matter of encroacb, ment on the sidewalk the first Friday after Easter. DELINQU~{T TAX DEPARrlE~i~,~T: The Clerk is directed to request the Delinquent Tax Department to furnish statement of taxes collected for the benefit of the City of Roanoke for period to April 1st, as previously requested for period effective April 1st. CONSIDERATION OF CLA!~,LS: None. II,ITRODUCTION Ai[D CONSIDERATION OF 0RDIi. IA~[CES AND RESOLUTIONS: REFUNDS .~.D RmB~...S: A co~maunication from C. R. Kennett, Treasurer, asking~ for refund of taxes paid by Jobm Spainho~er and credited to !t. C. Spairahower, was before Council, !J.r. Bear offering the following resolution: (~4497~ A RESOLU?ION to refund John Spainhower $4.99 collected in error. ( For full text of Resolution see Ordinance Book I~o. 8, page 250 ). Mr. Bear moved to adopt the resolution. The motion vJas seconded by i.[r. Powell,: ~nd adopted by the following vote: AYES: l.lessrs. Bear, Comer, Powell, iJinn, and the President lit. Small --5. NAYS: None revised draft of m.~tendment to the Barbers, Ordinance was before Council, Lb-. ,,',"inn offering the following Ordinance for its first readi~-- {~4498) Ai.i 0?.DIN2d.~CE amending and reordainins Sections 7, 12 and 1~, of an "" - '~''" - '~'- on the 15th, day ~raznance adopted by the Council of the uz~.. o~' Roanoke, ~.~.oinia, ~f July 1932, l~o. 4016, entitled, "A_u Ordinance to regula~ the sanitation of barber ~hops, barber schools, beauty culture and manicuring establish~ents and schools, )roviding for inspection thereof, requiring _~e~_-aits for operators and providing ~ena!t~: for violations_ thereof." BE IT ORDAiN~ by the Council of the City of Roanol:e, Virginia, that Sections , 12 and 15 of an Ordinance adopted bv~ the '"ouncil~ of the City of ,~oano~:e- "on the 5ti,, day of July, 1932, to regulate the sanitation of barber shops, barber schools, ~eauty culture and manicurin,g establishments and schools, providing for insi~.ection ;hereof. be, and the same are hereby amended and reordained so as to read as fol!o~';s: SECTION 7. STF~RILI~TIOH OF All razors, brushes, shaving ~, combs, scissors, tweezers, blackhead removers, files, polishers, massage and scalp applicat~ors and other implements that come in contact v;ith, t'he skin of the face or neck of customers used in such establisb_ments or in the homes of customers, hospitals or any other place, shall be thoroughly cleansed and sterilized after each and every separate use thereof by immersion in boiling water or exposure to live steam for at least five minutes or 'by immersion in some disinfecting ftu~es, or by some other method of sterilization approved by the Health Officer. The use of any implement which cannot be so treated is prohibited. ~EC.ION 12 USE OF POWDER-Pb~FFS Ai,~D No powder.puffs or sponges shall be used in such establisbm=n~s. SECTION 13. USE OF SOAP Ai~D Fz,,G~., B0'~',LS IN C OLHd0N PROHZBITED. The use of soap and finger bowls in common or for more than one person is ~rohibited in such establis~aents. The ordinance is laid over· ,~ ~ ~ ~ · ~ Cuddy, connect- C0~ENSATION C. ~. ~UDDY. The question of compensation for C. ~. and ;d with the office of the Co:mmonwealth Attorney's office, was before Cotmci!, liscussed briefly. Lit. Comer offered the follo~ving resolution: 261. 262 ~,HEREAS, the salary fixed by the Compensation Board for C. E. Cuddy for the year 1935 was at the rate of $2,400.00 per anm~, the City's proportion being 50% of $100.00 per month. THERF~0RE, BE IT RESOLVED by tile Council of the City of Roanoke that the City !Auditor be, and he is hereby directed to pay C. E. Cuddy at the rate of $100.00 per ,:month, this being the City's proportion or the com?ensation awarded C. E. Cuddy by · the Com-~ensation Board for the year 19~5. BE IT FUilTi[~t RESOLVED that ~400.00 be ai:propriated and charged to the office ~ of Conn:mnwealth Attorney. IJr Comer moved to adopt the resolution. ~Powell, and lost by zhe follo~','~ng vote: The motion was seconded by ~.~. AYES: :.,essrs. Oomer and ?o%':ell ,,inn and the iresident iZr Small .... 3 i.lr. Smal I, stated to Council that had submitted vo him tl~e fxrst draft on the review of the Seville a~raisa] an~ before ~....~-'- steps are taken it would be necessary _to-'_, .~'~ounc;_i to have an executi~ session.~''~er a br;'~'~-, discussion or Zhe .?testion,~, it ~,'as decided that Council '",,.,uid ,~ meet at ~°-00. o'clo~''c. on Fr~da'~,, .~p~riq_ 1Dth, to dis::ose of a..'~-~ ..... ~zoent matters, = ~-~ with l:r Barnhart and So :nto an ~~~"~ive s~so,_on or._-q~nances as codified o.. :r. ,,,c,;ulty have been turned over to him, the same consis~ in~ of 953~,z=.,~*--~ .... ~+.ten_~ l:ages. The C~tv_ ~ C!er]~ is directed to make a study of the or~ ' %,_0., the iginal~%yhere necessar ~.nuscr~pt, checking same "~*:~ or and revort to ~ouncil after t~:S :,base of ~ ..... ~' _ u~;e ,,~. n:~s beer. finished. BUJ TFz°ddIiL. LL: The question of interurban buses providing terminal for buses __e,=ozn'j in "'~ ~+-~ ~i.mits %','as again before ~: ..... , the ~resident, :.h~ . Smal !, - '~"'~ -' - ~= .. ~,,~,z next regular indicatin:.~ ~n~t ~ f no word is _=ceived from the bus co?.d0any by ~ .~.~.-=e~.~u=~ o:' Council__ he e:c:eczed_ ~o~ offer a resolution similar to +'~:~ one in effect fin ..,~c'~.~ond Virglni~., ~n,.~ the ity ~!ez~. is direczed to draft ordinance in collaboz t~,on -"-'. th the ~'~,_~=n, ~or cons~deratton at the ~eetznc on Frzdav "-" ' ~ _~,r ~_ ! 19t~.. suggested that the City :.:anager coufer ~:~' +~.; "~="' ',. ~,.,~,.~ ~'~thorities~ with a vie~'~ of securing "white collar" ~','orkers to make a thorough check of oY,'ners of automobiles who are oi.~erating car.s wzot.ouo purchasing czt:. tags :he ~itv ilan~_,~er assured . ~ . ~ ~ ~ouncil this would be done. · TFu~Fi'~ ~ -'~-~" ~ .... .~r re3 d, ~ ~,=~o: The "it:, "~ ...... orte durln~: discussion of the subject, substitution o-~ traffic officers for the traffic lights durzn~ the rush hours in the downtown section hau improved traffic conditions, and he ;zas directed to kees the o~icers on duty for a :~nim'~x of forty-five ' ~ . ~= mznuoes each afternoon. There bein~ no further business, Council adjourned to meet at 2:00 o'clock :on Friday, April 19, 1935, to dispose of urgent matters, and then go into executive session ~.,~_th Llr. Barnhart for revi. e¥~ and consideratzon of the report made of the ~a¥~.!!e survey of the Roanoke -.iater Com?any. APPROVED President COUNCIL, REG~ MEETING, Friday, April 19, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit cour~ Room in the Municipal Building Friday, .April 19, 1935, at 2:00 o'clock p. m., the early hour. called for the purpose of disposing of urgent ._.'zm. tters, to be follow'ed byi private conference with 'Mr. S. H. Barnhart for review and consideration of the report made of the Seville survey of the Roanoke Water Company. PRES~IT: Messrs Comer, Powell, Winn, and t~ · ~e ?resldent i.~r. Jr~mll ---&. ABS~T: ~Lr. Bear ....... 1. The ~'resident, :..~r. Small, presiding. 0_~FICERo ~ ~IES~T. ~J ~' Hunter, City L!anager. i..~Ii.!UTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion of L.~r. Comer, seconded by Winn, the reading is dispensed with, and the minutes a~proved as recorded. H~hRIMG OF CITIZenS UPOM PUBLIC LLATTERS: GIFT OF I~'d~;D-BL.~IR J. FISHBURN: Mr. Blair j. Fishburn appeared before Council, and presented the follo%~ing letter which was read before Council. "I hereby tender as a gift to the City of Roanoke and the citizens thereof 27.54 acres, more or less, adjacent to the City Farm on U. $. Route ;~221, same to be used for park purposes or if not to revert to me or my heirs. "The land donated to be known as Fishburn Park, in accordance %'~ith suggestion of the ~'oman,s Club of our City, which organization, together vJith the Roanoke Playground and Recreation Association, have been instrumental in me making the gift. "I am doing this in appreciation of the confidence the people have shown in me by electing me to represent them in your body and at Richmond and because of my interest in their health and happiness ." The President, L~r. Small, made the follo%~Jing brief statement; "Mr. Fishburn, i think I can say, not only on behalf of Council, but on behalf ~ ~f the City of Roanoke, that v~'e are most appreciative of this civic spirit and generous ~hought of yours, and I am sure the property can be utilized for rec~'eation and park purposes to very good advantage", and appointed LLr. Comer as a Committee of one to iraw proper resolution of appreciation and acceptance for consideration of Council. The Communication is referred to the City Attorney for preparation of deeds, and ~he City Lianager is directed to bring before Council as soon as possible such program ~or clearing the gj~onnd and adaptation for recreation purposes by the utilization of~ ~{A forces, so that the park ~,_y be used for recreation purposes during the coming ~ummer, if at all possible. i.~s. Corbin Glass, heading a group of ladies frGn the %'oman,s Club, asked that ~he acreage be designated as Fishburn Park, and also that ';Jeaver Park which adjoins ;his laud be also designated as Fishbu~n Park, stating that it would be rather con- ~using to have t~o parks adjacent to each other with different names. ~ Small, stated that he was going to ask l~Lr. Comer to include The President, ~. ~.uch recommendation in his resolution, so that the official designation for bo~h ~lots of land be designated as Fis hburn Park. ORDER OF BUSI~fESS: The President, LLr. Small, stated that the regular order of business would be dispensed with, and only matters of necessity be considered during the meeting. 263 264 BONDS FOR ~LOYEES: A report of ~:ommittee composed of t. Iessrs. Bear, ~inn, and Jackson, was before Council recommending that eighteen city employees heretofor~ bonded under Schedule Bond, as per Resolution No. 4250, be eliminated from new bond to be executed on April 24, 1935, said employees eliminated being assigned to duty in constitutional offices. It was moved and seconded that the report be accepted, and 1.2. Winn offered the following resolution: (~4499) A RESOLUTION to provide a bond for City employees and to authorize The Fidelity Casualty Company of ilew York to execute such bond, and to provide for the .payment of the pre~ium thereon. ( For full text of Resolution see Ordinance Book No. 8, page 260 ). · ~Mr. -jinn moved to adopt the resolution. and adopted by the follo%.Jing vote: AYES: ::essrs. Comer, Powell, Winn and the Preside:xt, :.h~. Small--&. lyAYS: None ....... 0. (~.~. Bear absent) BUILDINGS-PETITION: A petition signed by fifty-two names, residents living in the vicinity of Ja:?~son Avenue and Eleventh Street $. E., asking that Council take action to give relief in the .matter of unsigi~tly dv~ellings in the ll00 Block of iiigi~land or L~orris Avenue S. Es, known as the old Lemon Row, was before Council. The ~.t~-' - ~..~,~-~.~er o~a~d~ that th~ property in question has recently changed hands, and there ~?as a '~ossibility of improvement being noted in t:~e condition complained of. The motion was seconded by Lir. Powell, The petition is referred to the Cit'-Manager ~','ith request he undertake to bring about desired results, and report back to Council any result noted, or action taken. PAYd~S ~2JO PL~YGR0b~-R0fdj0~ "~ ~ ..... ~,~, ,,0l~ C01~M~: A communication from the Roanoke L'ater Works Company, offerin~j to the City use of certain property in South Roanoke for recreation D~poses, the smme conditional upon tho City inde~ifying the Roanoke Water Works Co::tlmny from any and all claims for damages arising out of such ilS~. The City uler.~, is directed to ackno%';ledge receipt of the letter, and say that Zhe.~m~'~ %~ill be very glad to avail itself of the _crivilege offered by the b'ater Company, but with the understanding no public liability v~i].l be assumed by. the City as it does not assume liability of this character in any of its parks and recreation~ playgrounds. V. E. R. A: A commtmication from T. C. Rob~rbaugh, Area'Administrator of the Virginia m~nergency Relief Administration, attachin~gthereto communication from LIr. ~'illiam k. Smith, Ad~inistrator of the Virginia Emergency Relief Administration, together with VERA Form ~'~ -- ..o. l, A,oplication_ and Certificate of :,ecessity", offering t¢ the City of Roanoke the privilege of substituting the revised form of application heretofore filed. It ~as sho%';n by comparison of the two application forms, that For~ ilo. l, precluded the City of Roanoke from Public Liability, LLr. Winn moved that the City take advantage of the substitution, and offered the follo%;-ing resolution: (#4500) A ~o0LU..I~. to authorize the application for funds under the ~rovision~ of the Federal ~..~.ergency Relief Act of 19~. ( For full text of Resolution see Ordinance Book ~ ~.o. 8, page 261 ). Lir. Winn moved to adoot the resolution. and adopted by the follow'nC vote: The motion was seconded by Lir. Comer, AVES: l~essrs. Comer, Powell, Winn, and the President, tf~r. Small --4. N~YS: None .... 0. (~r. Bear absent). BARBERS, 0,~DINAHCE: The follow, lng ordinance having been introduced, read and 1 laid over, upon motion of ~r. l~inn, duly seconded by Mr. Powell, and unanimously adopted, the second reading being dispensed with. (~4498) AN 0HDINAHCE amending and reordaining Sections ?, lB and 15 of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 15th, day of July, 193~, No. 4016, entitled, "An Ordinance to regulate the sanitation of barber shops, barber schools, beauty culture and manicuring establishr.~ents and schools, providing for inspection thereof, requiring per~aits for operators and providing penalty for violation thereof." (For full text of Ordinance see Ordinance Book Ho. 8, page 259 ). i Mr. Winn moved to adopt the ordinance. The .motion was duly seconded by Mr. ~- Comer, and the 0rdinanc~ adopted by the following vote: i AYES: Messrs. Comer, Po~ell, Winn, and the President, L~. Snell --4. NAYS: None ..... 0. ( Mr. Bear absent ) FIRE ESCAPE-OLD POST OFFICE BUILDING: The question of 'palnuent of invoices for cost of erecting fire excape at 01d Post Office Buildin~ on Corner of Church Avenue and First (Henry) Street S. W., was again before Council, Lit. l~ov;ell offering the follor~ing resolution: (#4501) A RESOLUTION authorizing the City Auditor to dra~ warrants for invoices amounting to $564.7~, coverzn~ cost of erecting fire escape at old i~ost Office Building. ( For full text of Resolution see Ordinance Book ~Io. 8, pace E62 ). i.[r. Powe!l ~.oved to ado'3t the resolution. The ~otion ~;as seconded by Winn, and ado3ted by the follor~ing vote: ~z~o: Messrs. Comer, Pov;ell, Winn, and the i~resident Mr. Snell .... a i~AY3: None ..... C. (i,.:r. Bear absent) DELIN~UZNT TAX -~'" ..... ~ ~'~aA<Z'l~__: The question of purchasing adding machine for the Delinquent Tax Department uas again before Council, the question bein~ discussed briefly, and explained by i~ir. Scruggs, !,~. Povzell offering the follorJin~ resolution: (~4502) A RESOLUT_!0N authorizing the purchase of adding machine by the Delin- quent Tax Department at a cost of ~205.00, and drawing of warrant by the uity Auditor for cost thereof. ( For full text of Resolution see Ordinance Book !!o. 8, page Mr. Powell moved to adopt the resolution. The motion ~as seconded by Lir. Winn, and adopted by the follo~,Jing vote: AYES: Messrs. Comer, Pov~ell, Winn, and the President, ~.Lr. Small ---4. NAYS: None .... 0. (Mr. Bear absent) SCHOOL BOARD PURCHASE OF COAL: The City Manager brought before Council the question of purchasing coal for use in the Roanoke Schools, stating that a con- ference between the Clerk of the School Board, the Purchasim$ Agent, and himself was had and it ~as ~he consensus of opinion that it ~ould be to the best advantage of all concerned, and to the interest of the City, that the School Board be allowed~ to continue to purchase its yearly coal supply as in the past, that is, to let yearly contract, and delivery of ssme to be as notified and needed by the School Board. The School Board, Purchasin~o ~ent, and City Manager are authorized to work out an arrangement best suited, and to the best interest of the City. STOE;i DR~aTN: Th$ City idanager reported that storm drain project on Orange Avenue had been approved, and that the work would be started during the coming v~eek. 265 BUS TEPd.[INAL: The City ~,.[anager reported that he had been advised by representa- rives of the Bus Terminal that lease has been signed for occupancy of the present quarters, and that contract would be let in the near future for remodeling of same, and that se~ae will be ready for occupancy by the first of ~'~ugust or September. COMPLAI~S-POLICE Dv~PART.~&ENT: A report from B. ¥.. Morris, Lieutenant, Third Relief, with reference to matter complained of by R. ~. Caldwell, ~!artinsville, · Va., as heretofore before Council was read and discussed briefly. The City Clerk is directed to forward to ILr. Caldwell copy of report as sub- ~mitted by Lieutenant ~_..orrms, and ascertain if the report is in accordance with the ~facts in the case, and advise '.~,~'. Caldwell if he still feels he is entitled to ~fur~her consideration ~o advise, and the City ~ill be glad to refund the fine, plus to~ing charges. DELI~.;%U~[T T.~XD~P~{~.I~: !&r. M. J. Scruggs, Delinquent Tax Collector, presented report showing taxes collected for the benefit of the City of Roanoke for period prior to .~'~ril 1st, 19~5, as previously requested. The report is received for further consideration by Council at a more opportune time. There beir~g no further business, Council adjourned. APPROVED .President COU!~ICIL, REGULAR MEE~TNG, Friday, April 26, 1935. The Council of the City of Ro~noke met in regular meeting in the Circuit Court Room in the l:.unicipal Building, Friday, April 26, 1935, at 3:00 o,clock p. m., the regular meeting hour PRES~iT: I~essrs. Bear, Comer, ~owell, Winn, and the l~resident ~LL~. Small --5. ABSF~iT: Hone ........ 0. The President, llr. S~mall, presiding. OFFICERS Y'RESET~T: W. P. Hunter, City i.~an~ger. MIEUJTES: It appearing that a copy of the minutes of the previous meeting has been furnished each ~nember of Council, u'~on motion of i. Lr. Co~er, seconded by l~owell, the reading is dispensed with, and the ~ninutes approved as recorded. HF~'~RING OF CITIZ~JS Ut~0N PUBLIC iLkTTERS: BUILDING ~II,~-P0.~LOCk'S: ~'orris L. !das~nte~', ~ttorney, appeared before Council, stating that in conference v~ith tl'~e City L~anager it had been agreed that L~.r. Pollock of the l~olloc~ ghoe Company ~'~ould appear before Council in connection with encroach-' ment of Buildin~ line on Campbell ~venue, but that due to illness of l. Lr. Pollock he ~'Jas unable to appear at this tin~,e, and introduced certificates fron a physician in support of his state~:~ent, ldr. l.lasinter asked that the hearing be postponed for at least thirty days. The President, LLr. S~all, stated that the hearing ~;ould be continued until Friday, i~!ay 24, 1935, ¥,~ith the understanding that at that time Council v~ould have to proceed and dispose of the ~atter at that ti~e. SCHOOL BOARD-PURCPLASES: W. P. Hazlegrove, Chairman of the Roanoke City School Board, appeared before Council, and asked that Resolution i~o. 4346, adopted September 7, 1934, creating and establishin~ a Purchasing Departn~ent for the City of Roanoke and for the Public Free School system, and prescribing his Do~'~ers, duties, etc., be clarified. He stated that J. S. LicDonald, Clerk of the school Board, had conferrod ~'ith the City Purchasing_ Agent, P. Hill Tucker, and City i~Lanager ~-~unter, and that it appeared the City would effect no saving by having all purchases for the School Board -.made through the City l~urchasing Department, as the purchasing of school supplies is a highly specialized job, and takes ~_ expert in that particular line to buy to ~dvantage. Mr. Hazlegrove explained that there ~Jas no objection on the part of the School Board to have supplies purchased tP~ough the ~urchasing Departnent, as provided by Resolution, but that if it ~Jas the intention to have the supplies pur- chased direct by the School Board contrary to the Resolution, then the Resolution should be amended to clarify the situation. After a further discussion of the question, particularly ~-dth reference to the purchasing of the coal suLoply, Council recessed, after ~hich the i:'resident, Small, stated that Council had reached the conclusion tt~t all supplies for the School Board, other than coal might be purchased direct by the School Board; that ~the necessary amend.n, ent to Resolution ~4336 ~ould be adopted, and that the School Board should furnish specifications for their coal supply to the City Purchasing Agent, who would ask for bids, and as said supply will be paid for by the City, ~he amount of bills ~'ill be deducted from _~ount carried in the school budget for this 267 268 purpose, and suggested that the specifications be furnished as promptly as possible ~r. Hazlegrove stated that the arrangement would be satisfactory, and the specifications would be turned over to t1~e i urchasing Agent within thirty minutes. R~,~TAL OF ~'ROPEHTY-OLD i~OST OFFICE BUILDING LOT: Windel-I, emon appeared before Council takinc exception of cancellation of lesse for lot at the Old Post Office Buildinc, as received from City i.~anacer Hunter to vacate on ~.~ay 1st, stating their lease with ~he School Board 2rovides for t~;irty day cancellation clause, and that · said lot would not be leased to anyone x~or like purpose. A discussion of the question developed that notice for vacation of the was civen for the p~'i~ose of the City operatinC s~e in order ~o acco~odate employs in the Helief Center. L~r. H~nt~r ex~!ained it was necessary to have space reserved at th~ steps on ~he east side of the buildin~ for handlin~ food supplies, and also $~ace for ~arking one City o~ned car. It ~;as ti~e opinion of Council that the best maimer to a?proach the c~estion would be to cancel thc present contract with the School Board, and to enter into a neYJ agreement to ~rovide for reservation of the necessary Sl~ace required by the Cit i.Sessrs. ~indel and Lemon were instructed to confer ~:ith the City L~anager ~'~ith a vie~; of negotiating the new contract for lease. L~UZ 07 VIZGI::i.~ ~,.o~,z.~.~T'I~,' L:r. ~.:orto~ L, ,,alzerstein, Executive Secret of ~'~'~..~. ~eague of ~"~m~nia-.~'~ -~unici?alities, together ¥~ith members of the Executive ~' ~.~. Stull, Y'resident of the League, L~ayor Covin(~to~ Co~ittee, comi~osed or L.essrs. ~. Z... i~est of ]~e¥:~jort ~e~s, i~ayor john R. jolly of Yetersb~g, and Vice-L~ayor Thoma~ .,~mte of "-"_ "' ~ of Roanoke make an a~propriation of ',,'. '~' ..~,vort ~,ews, aski~ that the 3i~,- ~l,0b0.00 for dues in the League, this being an increase of ~250.00 over the dues heretofore a??roz, riated for this p~?ose. The delegation stated that all other cities of size ~;ithin the State had ~r~de appro?riations for continuance of m~bersh~ in the League~ and that a n'~ber of smaller cities had also been added as ne~ in the League for the ~resent year, and that a ~eat deal hinged on whether or not Roanoke continued ~ ~ ~t~ membership. After ~rief sta ~e~.~e~ts and questions b~ ~embers of Cou:~cil it ~'~as stated by a ~..~ ~,,~v iV ~?as highly imi:ortant for the League to ~o¥: at an member of ~e delegation ~' early date whether or not Roanoke ~ould continue in the League~ and that it was ho~ the City of Roanoke would find its ~:ay clear to continue for this year, and if it ¥;as found Council did not x~eel it ¥~as worth it~ to discontinue the membership after this year. The ~reside~t, [~. Smail~ stated that the ~tter would probably be acted on before adjo~'~.ent of the meeting, and e~rl~ressed the appreciation and ~leas~e having had the delegation pay the Co~cil of the~z~'~--oj of ~oano~.~e~- a visit. CITY TR~b~-BONDS: C. R. l[ennett~ City Treas'~er~ appeared before Council in co~ection with cancellation ox~ bonds for employees in his office, as provided ~n Resolution ~4499, adopted on April 19~ 1935, e~plaini~ that in his opinion the employees should be bonded. In a discussion of the question, the Treas~er was told that the action was a .result of le~a! ruling of the City Attorney that the City's only recovery for 'discrepancies was on the bond of the uity Treas~er, aud ~h~ ~t was within his provience to have his o¥.~ employees bonded to him personally. Co~ncil registered nc ~objection to the City Treasurer conferring with the City Attorney for a ruling and further consideration of the question. CiTY T~L~: The City Treasurer 'orou~n~n' ~ before Co~cil the question of es d handlin{~ corrections on the land books as made by the Equalization Board, stating that his work would be greatly facilitated if the correction~could be turned over to him prior to June 1st. The i'resident, i.:r. Small, suggested tiJat the corrections might be presented to !.~r. ~ennett serially, and appointed l,~r. Comer to interview the Chairman of the Doard of Equalization ~'~ith the City Treasurer as to what arrang~ merit can be worked out. · '~TIT~ON~ .~.D C~L~ICATio~o:~"~ COL~I'L.~Ii~S-Y0LiCE D~ .~.~..~:T: A co~unication from.~ '~. .. Cald~ell ~ith reference to treat:~ent received by the ~olice Department was before Co~cil, taking exception to report as filed by Lieutenant B. i~. i2orris. The ~tter is referred to L:r. Hunter for hearing on the subject, with 12essrs. Be~ and Uinn, appointed to sit in on the hearing. C0~] L.~INT-~TRE~ U~ZD 70R G~H!D~: A oo~un~catzon signed by J ~. Looney, ~..~. Young and C. L. Wilson, complainin- of street at Corner of 'Jilson Street and 'e~od ~venue being used as a garden, was before Council. the City :.~ana~jer for attention. The co]:~unication is referred to! FIi~E 'ROTZCTi6i~: .~ conm~unication from C. J. Goens, 1006 Warrington Road, com- .~ +~ the lack of ~ire 'olaininc of fire protection in his section of ~t:e City caused by _ hydrant, necessitatin~ excessive z. remiumn for fire insurance, was before Cotmcil. The question is referred to the City :.[anager fox' investigation, report and reco:~u~endation. i'0L!CE iROT£CTi01,~: coL~nunication from Clayton i Hart com'olaining of, and ao.~.~.~ !'or 'oiice pootection on Fourth Street and East ~-~venuei.:. ~.,.~, was before '~ounc_l' ~ . The ~o~.~uunzcation is referred to one City .anager for attention. P~Tz'zIut~-oIDm,~I,~: A £oetition sioned b~, eleven pro~j~erty o~ners on the l,~orth and South sides o_, _~:anover ' ~ -- ~nue between ~rd and a4th Streets, asking that the City ~onstruct side~a!k, the property owners to assume cost of the cemeut was before ~ouncil. The petition is referred to the City bianager for consideration on same terms as other curb and gutter and sidewalk construction is being undertaken at the present tz_.~e, ~.~ith the understanding that assessments be -paid in advance. V. E R ~' . . =. ~ cow~tu~ication from T. C. Rohrbaugh, Area Administrator, was before ,ounczl,' ' advising that effective Liay 9, 1935, the end of the present certification ~eriod, ai~p~'oxz~.mtely ~l~ persons will be stri~:en from the ¥:ork relief rolls, due ~hysic&l incapacitation, and offering the cooperation of the VEP~i in the copying of 'eco]2ds for ~-~' ' o:~e cases to be turned over to vhe City. The City Clerk is directed to keep this correspondence b.afore him, and at the :roper time arrange for conference with l.lr. Rohrbaugh, and that ackno~vledge::~ent be ~ade of the letter advising that Council ~'~ill be glad ~ confer with him at a later [ate on the entire relief progrm~. t'mTITi01~ CURB ~D GUTTER: ~ petition signed by fifteen property owners in the .g00 block of i-'enmar Avenue, asking that the C~t~_ ~ construct a curb and gutter, was efore Council. The petition is referred to the City L1anager for consideration, on the same ;erms as other curb and gutter construction is being undertaken at the present time, lith the understanding that all assess~:ents be paid in advance. CROSS-0VV~R: a letter from B. C. Fracker making application for a perrmit to onstruct a concrete cross-over to accommodate property at l~&8 Hanover Avenue ~:. 'as before Co~uncil, the City Llanager recommending that the ~ermit be ~ranoed. LZr. 269 970 Bear moved that the recommendation of the City llanager be concurred in, and offered the following resolution: (~4503) A RESOLUTI0i! granting a per::u[t to B. C. Freaker, ~1448 Hanover Avenue to construct a certain cross-over. (For full text of Resolution see Ordinance Book No. 8, Page. 263_ ). ~,~. Bear moved to adopt the resolution. The motion was seconded by Mr. Winn, and adopted by the following vote: AYES: i~[essrs. Bear, Comer, i:'owell, ,~nn, and the President i..~. SP~ll ---5. ~,~: No~e -0. ~ CROSS-0V~: A letter from .~. D. Schw~rzell ~ki~ ~lication for permit to .construct a concrete cross-over to acco~muodate property at 519 Linden Street S. E., ~as before ,~ouncil, the ~ ~ ~t~ l.[anager reco~nding that the permit be granted. Bear moved that the reco~.%mendation of the City Manager be concurred in and offered .the follo~':~g resolution: ~4o0~) A~~0~ granting ~ per:~t to ,~. D. Schwarnell 519 Linden Street S. E., to construct a certain cross-over. ( For full text of lesolutioa see Ordinm~ce Book '[o. 8, Dace 263). ~. oe~ ::oved to adolot zho resolution ~e notion was seconded by Lit. ani ado!~ted by the follori.ag vote: AYES' ' ''~ ~'~ ' . . . ...~s~:s. Bear, Comer, Porell, ',/inn, and the Pres~_,~n +,~ [.h- Small --5 ~L~', z~-~:q'~ o~..~ 0~ ~ -': _= co~auni~-ca~i~n~ from "2. Coleman ~n~drev:s ~ Company offering to enter_,.to~ contract %'pith the City of Roanoke for the auditing of Zhe records of Zhe ocnoo! Board of the ~t,j of .~o~nok~, _ _ ~ as orovided for in Chaoter 406 of the Acts Of ~h~ . ~.~ General_..'~ssembly of 1954, thc total fee not to be more tl~an ~500 ~ .00 The co~muunication is held in abeyance av~aiti~ replr of letter the City Clerk ~ ~' . ~.c~arthy Do%~'ns, Auditor or =ublic Ac~'-~ t as~zns that =~ directed to v~rzte 1.2r L." ~ _ ~n~s, zhe audit of the records of the School Board be postponed until after July 1st, the beginning o'~ the fiscal year. R:~'~ ...... c7~.v ~-~,-r.,~. ~m~ City !ana~er ~oresented ~epo~ts of work accom- p!i ~:-' ~ ' ' ~:~ ~n~ ex~Denditures for v;eeks ending April llth, ~nd 18th, lg~O. The smue ~re filed. BUiLDiNGS: The City Eanager presented report v;ith reference to petition from pro~e'r't'~_ ~. ~,~,_=:"="~-~=o cal]im;_ , a~ention to unszghu_~.' ~ dwellings in the 1100 block of hi~h- la:~d Avenue S. E., the investigation revea!iug that said dwellings have been recently bought by .~dmms, i~ayne & Gleaves, who advise the buildings will either be improved or demolished. R0.~{01~ HOSPiT~L: The .~ity ~? ~ ~ ...ana~er presented report showing list of City patients treated at Roanoke Hospital for month of larch 1955, as submitted by City Physician. The Cizy Attorney rendered written report with reference !to re%uest of j. T. Cullen for release of sewer assessment on Lots 19 amd part of ~19, Section 35, Crystal Spring Land Company, giving as his opinion that i~. Cullen lis not entitled to be relieved of the charge against said property. The City Clerk i' '::is directed to file the report, and secure any additional data he can in connection .with the ques'~ion, and report s~ue to Council. i': REPORT ~ .~O~:ITT.-1...~: None. UI~FINISHED BUSINESS: None. CONSIDERATION OF CLAIm,iS: None. INTRODUCTION A~.ID CONSID~ATIOi! OF ORDII,~I!CES At.?D R~oOLUTIONS: ItEFUiIDS ;21D REBATES: 'Jalter Loebl, At.torney, appeared before Council asking for relief of Optician license 'paid by S. J. Krisch. A letter from th..~ Co~.muissionez of devenue substantiated the contention that }.~. I~isch is not required to secure Optician, s license and Mr. Winn offered the follow,'ing resolution: ~'.,o~.~.~, to refund to sam J. Krisch ~28.00 collected in error. , ~ .r0 . ', . ( For full text of Resolution see Ordinance Boo,: .; 8, ~ ace 263_ ) I;~r. i."inn moved to ado:~t_ the re._olution,'~ . and adopted by the follov~ing vote: AYES: Y. essrs. Bear, Comer, Powell, ',.'inn, The motion was seconded by Ur. Beer, and the iresldent, .[k'. Sma!l--5. REFUNDS YdfD REBATES: k re~tuest from the Johnson Chevrolet Corporation asking for refund of ~20.50 for automobile truck license paid in error, %','as before Council It appearing that the refund request '..;'as proper, ~.~. Comer offered the following resolution: (~4506) A RZ. SOLUTIOI? to refund the johnson Chevrolet Corporation ~20.50, collected in error for automobile City license tag. ( For full text of Resolution see Ordinance Book ~o. 8, page I.h'. Comer moved to ado~ot ~ne reso!u~ion. ~ne ~.~otion ~';as seconded',,0~ ;:~. Bear, and adopted b7 the follo~':ing vote- Messrs. Bear, Comer, Powe!l, ;,'inn and the President, HAYS: None GIFT OF LJd'iD-BLAIR J. FISHBURi~: A requested at the last meeting of Cotu~cil, the City .~ttorney presented deed for pro)erty donated to the City by I.Zr. Blair J. Fishburn for park purposes, and l.[r. Comer offered the follou'inc resolution: (#4507) A ,,~.o~o~.,. to accept from [.~. Blair $ Fishburn the donation of a tract of land containing twenty-seven and fifty-four one hundredth (27.54) acres, note or less, adjoining the git7 farm to be used as a public park and !olayg-~-ound. ( For full text of Resolution see Ordinance Book iJo. 8, ~a~e'~-~ ~. 264 ) . Mr. Comer moved to adopt the resolution. and adopted by the foilouing vote: AYES: Messrs. Bear, Comer, Powell, ~.¥ . ~r ~, .i.',~- o: ~{O~le 0. The motion ~'ms seconded by iLr. Pm-yell, Small --5. Winn, and the i:resident, The Deed as prepared is referred to Judge Jackson for examination, the same is to be recorded in the Clerk of the Cou3:t's Office at Salem, Virginia. L01~iL~ 0RDiNAI. ICE: k draft of amendment to the ' ' ~' ~.onzn~ Ordinance changing lots after v~hich ~ and 7, and 21, Section 32, on Highland J=venue S. E., was before Council, [.~. Poweli ~ffering the following Ordinance for its first reading: {#~508) m. 0RDINAi,iCE to a~end Article l, Section l, of an Ordinance adopted by i the Council of the City of Roanoke, Virginia, on the 00th, day of December, 1952, ntunbered 4083, and entitled, "An Ordinance to divide the area of the City oz"' Roanoke! into districts, to establish building lines, to regulate and restrict the iocation, t ~rection, construction, reconstruction, alteration, repair or use of buildings and )ther structures, their height, area and bulk, enO. percentage oz" lot to be occui~ied the size of yards, courts and other open spaces, ~y buildings or other structures, ~nd the trade, industry, residence and other specific uses of the premises in such 271. 272 districts for the promotion of health, safety, morals, oonfort, prosperity, or 'general welfare of the City of Roanoke, to provide for the change of boundaries, !regulations and restrictions of such districts; to provide for a Board of Zoning Appeals; to provide for enforcement; to prescribe penalties for violation of the provisions hereof." ( For full text of Resolution see ordin~ce Book i.:o. 8, pace _____). The ordinance is laid over. i.:OTIf'''~-'~,,o ~' "'D ~..,~ o~' '~ ~' ~ kJ.L~'2._ ~OU~ BUSINESS: P~{SION-TOM FA~L!NE: Tl~e City :.[anager reco::m~ends that Tom Farline a City .employee in the Garbage Department be paid $3.60 per week, beginning April 26th, 'and ending june 27th, having been a City employee for the past twenty-five years, an~ no~',' physically unfit for v~ork Council directed that resolution be drafted providing i'or this ex3enditure for consideration of Council at its next meeting 'on ~.day 3rd. The City Manager reported that the VEPJ~ had rejected application for "white collar" xJorkers for ' ' +' -" znspec~zon o~ s£de~'~alks over the City. DKATHS OF CITY E~LOYEES; The City l.:anager reported the deaths of two City ~_~_, =,. ~. i, est ~d i,,~arket Clerk, and ~ S. Fealey, Fireman, and rec o,..~e n a s that *~ ' - ,:,emr salary for balm~ce of month of ~pril be paid, a oolicy here- tofore adhered to, but now questioned by the Auditing De;partment. Council directed ~ounci!'s l:.olicy with regard to payment thaz a resolution be a~:~ed governing the '~ · t:,at employees receiving pensions would be ~of deceased e;~:~p!oyees, bearing in mind " excluded. S01~fD Dm~±C~o: The resident, [.[r. Small, brought to attention of Council the :number of sound device machines now operating on the streets of Roanoke, and directed the ~' · _ _ ~ty ~!erk re%uest the City ~ttorney to ore~0are Ordinance for consideratior ~of Council providing for the prohibiting of such sound making machines %','ithin the City l~2its. ~° ~ INo~C=±o:~. The City i.lanager reports that a "white collar" LI C~SE ~Go ~ ~ is , . The i~resi dent %'Jor.~er now employed making a check of City automobile license suggested that a motorcycle officer be assigned to check up on outlying residental district for those who have not as yet bought City tags. L~GUZ 0F VIRGii~i~, M-0~JICIP~'~LITIES: The question of dues to the League of Virginia [.,unicipalities, as before Council during the early part of the meeting, and after further discussion of the question, i.lr. Comer offered the follo%~ng resolutior. idues in the ~ eague of Virginia i.[unici:~alities for the calendar year 1935, ~to ~1,050.00. (#4509) k RESOLUTION authorizing the continuance of membership and payment o amount ing ( For full text of Resolution see Ordinance Book i~o. 8, page ~265). 5~. Comer moved to adOpt the resolution. The motion was duly seconded by Mr '~'",,mnn, and ado~oted_ by the follo~:,~ing vote: ~,~. :.:essrs ~omer, !:o~e!!, i'~'inn, and the Iresident, ~.~r. Small ---4. NAYS: Mr. Bear---!. .o¢~I~,-rI~.~I0:~ 0Y 0RDi!.~Ai,~CES: The~"'ty clerk is directed to report on ~he ~ork :: acne toward the codification of city ordinances at the next meeting of Co~cil. There being no further business, Council adjourned. ~ ATTEST: Clerk APPROVED President COUNCIL, REGULAR MF_._ETING, Friday, ~lay, 3, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the l.lunicipal Building Friday, May 3, 1935, at 3:00 o,clock p. m., the regular meeting hour. PR,..o~,~: i.~essrs. Bear, Comer, l~'owe 11, 'Jinn, and the i resident None ...... 0. Thc Presideut, i.lr. Small, presiding. i.iIIJUTES: It appearing that a co!:y of tl~e minutes of the previous muetin~ has ~n furnished each member of Council, upon motion of l.:r 'jinn, seconded by i.'.r Powe!l, the reading is dispensed ~ith, and the minutes approved as recorded. HF.:iRIi33 OF CITIZENS UPON PUBLIC I.L4TTERS: REIW~q.~ OF LICENSE T~S-i,iROGER GROCERY C0!~TY: Frank 'J. Rogers, /~ttorney, a3peared before Council, and asked that Council Give consideration to the question of refunding license tax paid by the iLroger Grocery Cern'Deny sz~.ount!n~, to ~891.00, said amount beins in excess of the regular l(erchants' License Tax required; ~355.50 being for meat license, and ~555.50 for seafood License, the contention being that the special license are not required for concerns oi~erating under the regular merchants' license tax. !',Ir. Rogers presented to Council statistical data showing method of arrivi~G at the refund requested, and asked that Comucil give the matter careful consideration, as there az, veered ~o be no uniformity of purchasing license '%'~ith this respect, in that the ne~'~ merchants' license tax ordinance was not specific, but the contention of his client ~'ms that the new ordinance repealed all other merchants' license tax. The President, !.Zr. Small, informed i-.Lt. Rogers that t:,e question ~ould be in- vestigated, and if necessary v;ou!d possibly ask the Kroger Grocery Com_~.any for additional infon~_ation for study of the subject, and named a committee composed of City if.a~uager iqunter, City Auditor Yates, Cormmissioner of Xevenue Hart, snd City ii Attorney Jackson, to investigate ~he question and re~ort to Council at the next, or some subsequent meetin~g of Council. ~i~i C0f~L D,,.,~RS-R...T~IL. R ~ Fuiwiler, attorney, appeared before Council, represent- inc: fifteen retail coal dealers, petitioning Council to amend Merchants' license ! ordinance providing for minimum license tax on coal dealers of $40.00 on gross sales~ to provide for minimum license fee of ¢125.00, L~. Fu!~tiler filed ~'~ith Comucil thei petition, together 'aith draft of proposed ordinance, and asked Council to give con-! sideration to same in order that the legit~ate retail coal dealers of the City .might be protected from non-resident coal truckers delivering coal in the City without license. W. C. Stephenson, Jr., spoke briefly in support of the petition, after which the President invited other members of the delegation to be heard, but there being none, Council recessed. 'After the recess of Council, the President, ~r~. Small, stated that the proposed am~ndraent had been considered, and it is the sense of Coun~ cil that the amendment ¥~ill be given conaideration with some possible changes provid- ing that license shall not be prorated, or transferable, except upon ~mjority vote and that the proposed amendment would be of Council in each and every instance, 273 1274 referred to the City Attorney for opinion as to its form and validity, and if so .approved by the City attorney, Council will give due consideration at the first imeeting after stone is returned by the City Attorney. STREET ]I~t-'ROV~,.:~fl': A delegation from the Southeast Section of the City ap- ipeared before Council and asked that fm'ther consideration be given to opening /..~orrill ~venue S. E., betvteen 8th, and 9th, Streets, as previously petitioned for. i The Yresident, :.lt. Small, advised the delegation that the City Manager had !included in the budget for the comir~ fiscal year an amount to finance this project, .and that Council wss hopeful it would be possible to find available funds in the ~1935 budget for consunnnation of the ~ork, but if not the delegation would be given 'an opportunity to be heard before Council. PETITIONS ,~;v~,z~'.~,, ~:.~:-~IP~,LI ±I~o: ~, co]muu~lication from.~..r?'. Morton L. Waller- stein, Executive Secretary, LeaGue of Virginia :.:unici_velities, v;as read, advising ~hat dues previously authorized by Resolution !io. 4509 would continue payment through January 51, 1956. The con~anunication is filed. f-L~lT: k co:!munication froL'. Leslie A. ilim. ble ~ Company asking for opportunity to sub~.~t proposal in connection v:ith audit of the City School Board. The commu- nication is filed, awaitin~ reply from L. McCarthy Dovzns, Auditor of Public Accounts in connection v;ith Vhe subject. RE?O Fl2 0F presented re:~ort_ of work accompli: ed aud ex?euditures for %';eek ending April 25, 1935. The same is filed. ,-,~'o.-7~m "~ '"';'-'?'~ !~ ~ The City :.;anager made the follov¢ing o~n~ ~iS!OIi-CAP~ROLL _--,.I._,.,~.,., . ..: _ report w~ th --="' . _ ,~.erence to petitio'a from Zimmerling Brothers, Inc , offering to convey to tl~e City of Roanoke land for purpose of extending Carroll Avenue: "==n~=~,.,..,..~o'4'~""~ the co~w~tmication, from i.[i~-~m~erli~_~S Brothers, Inc., offering to give the land necessary for the opening of Carroll Avenue fro_~ 18~h, to 19th, Streets provided the City will lay a regulation zmcada_m street from 18th to 19th Street, construct regulation side~alk, curb and gutter on both sides of Carroll Avenue from 18th to 19th Streets, and release sewer assessment now charged against six lots adjoining the pro-posed street, which ¥,~as referred to me for report and recoL.,n, aendation. "The opening of this street would very materially facilitate the movement of traffic on Carroll Avenue and would ~..mprove the connections to the proposed school site on Carroll Avenue and 19th Street nov~ owned by the City. "It is my reco'~endation that the CitY release the sewer assessment a~~-~nst ~ the six lots amountia~g to ~315.37, construct curb and gutter on both sides of the street and pave this street with regulation macadam. The estimated cost of this work, using VERA labor is ~1,895.00." !,~. uomer moved that the recommendation of the City Manager be concurred in, and that he be authorized to accept the proposition, and consummate the deal on the basis as outlined, contemplated upon delivery of proper deed and title by Kimmerling Brothers. The motion was seconded ~-~ . . o~ llr Winn, and unanimously adopted FiRE PROTECTION: The City bianager made the following report with reference to communication from C. J. Goens, with reference to fire protection for his propert: at 1006 Uarrington Road, R. C. Annex. "Regarding the request from'.~Lr. C. J. Goens, living at 1006 Uarrington Road, R. C., Annex asking that fire hydrants be provided for this section · ~hich v~as referred to me for report." "Mr. Chas. E. Moore, Manager of the Roanoke ~',ater Company, iLr. Wm. ~,,:,,~. Mullen and I went out on the ground and looked over the condition, and i, Lr. Moore is going to provide plans and a tentative estimate of what it will cost to provide fire protection for this section ~:hich will be submitted to Council later." The report is filed. .', ~ - ?,, , .' .T'~'~ T ,-' . =JPOLYE.~,To. The City Lianager reports the follov,'ims apl)ointments in the Polio. and Fire ~epartments. Alvin A. Brown, appointed as Patrolman, effective May 1, 1935. Carl A. Cox, appointed Fireman, sffective i. Iay 2, 1935. The City Llanager is requested in future when making appointments to show ages of men employed in the I~olice and Fire Departments. REP¢.RT OF C[E,'L~ISSIOHER OF REV~E: A report from the Conn~issioner of Revenue showing i.~.erchant,s license for the months of January, February, and I.iarch, 1935, as ~ compared with the same months of 1934, ~ms before Council. The report is filed for future reference. REPORT OF ~XqE CiT£ ATTO~.Ik~f: A report from the City Attorney with reference to ~ amendJ.:~ent to i{esolutioa No. 4346, providing for the appointment of a ]'urchasing J~ent for the City and th~ l:ublic School System, ~ms before Council, it being the .~ opinion of the City 2~ttorney ~hat the provision should have been by Ordinance rather than Resolution, and further that the aDpoint~:xent should have been by the City ~..:ans~ger rather than by Council. after a discussion of the question, in ~'~hich i~ir. Bear stated that he was not willing to abdicate his rights as a Councilman, the matter was referred back to the '~ City .~ttorney to prepare an Ordinance to replace Resolution No. 4346, adopted ~ September 7th, 1934, the said ordinance to incorporate a provision for the purchase of coal for the Schools of the City of ~'~oanoke. ",T,", '"- ~ ',' -'='- DiSTURB~{CES, HD2,.~D-BILLS: The City .~ttorney regretted that he had under :i careful consideration the pre-_carat[on of an ordinance covering loud sgoeakers, noises, etc. He is instructed to include in the ordinance the control of distribution of ': handbills on the streets. :: REP05:T OF CC.i,*..~!TT%F~B: L~r. Co~'~er, reported that he had conferred v;ith the Chair-" man of ~,~:.e Equalization Board ~'zith reference to turnzng over to the Treasurer :~ corrections, and he had been advised that aDDroxiznately one hundred and t~venty-five i corrections ~'Jould be turned over v~ithin ti~e next few days, and others just as promptly as possible, which arrangement is satisfactory to :.~. l~ennett. ~1 '~,-T · ], T "'"'T'J .... Cd,}IS!D~I~TI0~! OF CLAR,~B: L~one. IlfL'RCDUCTION L~UD CONS!DEHATION 01,~ 0RD_~.,=_~,C~ J~D RESOLUTI0i.~S: ~2,IDS ~I~D REBATi:~: A communication from Celeste I-I. Perry, San Francisco, California, asking for refund of head tax paid for the year 193~, was before Council, ~ Bear offered the fo]lowLug resolution: (~4511) A RESOLUTIOE to refund ~rs. Celeste Il. Perry ~1.00 representing head tax collected in error. ( For full text of Resolution see Ordinance Book i.!o 8, page ) L~r. Bear moved to adopt the resolution. and adopted by the follo~ing vote:' AYES: l.[essrs. Bear, Comer, ?m';ell, Winn, add the President, L~. Small --5. The motion was seconded by LLr. Po~el!, ~! I,iAYS: None 0. INTERURBAN BUSES: The question of regulating interurban automobile buses upon the streets of the City of Roanoke, ~'Jas before Council, the President, i..lr. Small ~ffering the following Ordinance for its first reading: (#4512~ AI~ 0RDINAiJCE to regulate the operation of interurban automobile buses ~pon the streets of the City of Roanoke, and to prescribe 7. enalties for its violation. BE IT 0RDAIN~ by the Council of the City of Roanoke as follows: 275 276 1. That the term "interurban automobile bus operator" as used in this ordinance shall mean every person, firm, corporation, association, their lessees, trustees .or receivers owning, controlling and/or operating any automobile bus used in the business of transporting persons for compensation over the streets of the City of 'Roanoke from points ~ithin the city to points without the city, provided, however, ~the provisions of this ordinance shall not apply to persons, firnus, corporations, !associations, their lessees, trustees or receivers owning, controlling and/or opera- ting any auto~::obile bus used in the business of transporting persons for compensatio: over the streets of the City of ~{oanoke from points v~ithin the City to points ~ithou the City within a radius of not more than ten miles. 2. It shall be unla: ful for a~y interurban automobile bus operator to stop at 'any of the hotels of the City of Eoanokc for the pun-pose of taking on or discharging passen~-=~ers, nor shall he take on any passenger in the City of Roanoke and discharge him or her within the corporate liL~its thereof. ~. On and after the effective date of this ~,rdinance, it shall be the duty of .i each interuz~ban auto~uobile bus operate? to frovide a suitable ~aiting room and termz~ml ~d~ere L~e busses ~ be loaded and unloaded on ~rivate prow~erty and off the streets of the City of Roanoke. Such ~miting roor~ shall be kept clean and properly lighted and veatilated and shall be equipped ~:ith suitable toilet facilities, separate for meu and u~omen and se~.arate for '~':hite and colored. After such date, it shall be ~mla~:ful for any iztterurban automobile bus operato: zo take on or discharge passengers on the streets of the City of Roanoke within a radius of one mile from Zhe terminal station of said bus line. The City ],.:anager is hereby em~jowered to specify or designate the streets to be used by all interurban auto~:~obile bus~es subject to ~' ~ ,~s oi~dinance for travel into, out of and t~.rough the City of ~oanoke. ~. Any interurban automobile bus operator and/or the driver of any such interur- ban automobile bus violating any of the provisions of this ordinance shall be liable to a fine of not less than twenty-five nor more than one hundred dollars, recoverabl~ before the police justice of the City of Roanoke as the case may be. Each day, s violation of t~zs ordinance shall constitute a separate offense. ~. If any section of portion of a section of this ordinance shall be declared invalid by a court of competent jurisdi ction, then such section or portion thereof shall be deemed stricken from this ordinance and the remaining provisions shall notxJithstanding continue in full force and effect. 6. '~]] ordinances or Darts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. ~. 7. This ordinance shall be in force from its passage and due publication as re- quired by law. The ordinance is laid over. i ~.~.~ 0RDII'JAI{CE: The following ordinance having been introduced, read and laid over, upon motion of ILr. Bear, duly seconded by }~. Wi~tu, and ~manimously adopted, .the second reading is dispensed vM_th: _,.~.,~,,.,~ to s~nend Article 1, Section 1, of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 30th, day of December, 1932, n~.bered 4083, and entitled, "An Ordinance to divide the area of the City of Roanoke into districts, to establish building lines, to regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and and other structures, their height, area and bulk, and percentahe of lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such districts for the promotion of health, safety, morals, comfort, prosperity, or general ~';elfare of the City of Roanoke; to provide for the change of boundaries, ~egulations and restrictions of such districts; to provide for a Board of Zoning Appeals; to provide for enforcement; to prescribe penalties for violation of the ,rovisions hereof .', ( For full text of Ordinance see Ordinance Book No. 8, Page ____.). Mr. Comer moved to adopt the Ordinance. The motion vms duly seconded by lLr. Bear, and the Ordinance adopted by the follo~-~ing vote: AYES: Liessrs. Bear, Comer, Powell, Winn, and the iresident Mr. ~all --~. NAYS: N~ne ..... 0. L~0TiOI{S AND LiISCELLA~EOUS BUSINESS: W0~GJ.~,S COL~P~SATION: A request from the City Auditor for an appropriation ~f ~900.00 to the UorF~en,s Compensetlon Fund, now overdravm, was before Council. ~fter ~ discussion of the question, L.Lr. Bear offered the following Resolution: (#~01~) A RESOLUTIO!~ autho~izing the City Auditor to p~y claims upon the ~orkmen,s Compons~tion Fund. ( For full text of Resolution see ordinance Book ~o. 8, iage ). L'~r Bear moved to adopt the resolution. The ~o~.~on %vas seconded by lit. Comer, ~nd adopted by the follov;ing vote- AYao' i.2essrs ~ Comer l~'ovze]l i,'inn and the !resident, Lit. S~.all --o. - , ~ear ~ , _ , , _ i.~_o: ifone .... O. CLA!2.iS-C.E. P~iTER: A con~nunication from C. E. Hunter pres~.ntinc bill of 410.60 for fee and expenses in connection ~';ith case of the City of Roanoke vs. R. S. Smith, Conmnom'~ealth ~ttorney before the Court of Appeals, was before Council, Mr. C. E. Hunter requesting that taxes for the years 19~, 19~Z, and 1934 now due the City, be deducted from amount of said bill. The City Clerk is directed to negotiate" ~ith ~. Hunter with a view of arranging for payment of all taxes due the City. CI?Y TREAaURF2{: An exchange of correspondence bet~,een the City Auditor and City Treasurer ~ith reference to failure of the Treasurer to collect interest on tax ticket was before Council. After a discussion of the question, at ~'~hich time ]ity Auditor Yates appeared and e~lained the amounts in question ~'~ere carried as a liability against the Treasurer by his office, and should either be paid, or .~esolutiom adopted releasing same, the City Clerk is instructed to ~epare the necessary Resolution, the same to embody instructions to the City Treasurer that any future refunds or interest will have to be made by Council. CITY ~UDITOR: The city Auditor is instructed to furnish Council at an early date the following information: Par Value of Securities held in the Sinking Fund. Book Value, or actual cost ~o the Fund of Securities o~med. f~/ln~/al Revenue. Average yield basis of Fund,s holdings. Present market value of Fund,s holdings calculated at £~ yield for maturities 1937-1940, and 3.25 thereafter. -~nnual revenue if proceeds of entire holdings invested at 3%. 2~t being explained the information is requested for the purpose of consideration of refunding bonds due for payment during the calendar year 19~6. 277 PARKS AND i~LAYGROb~S: Draft of lease from the Roanoke Water Works Company purporting to convey to the City of Hoanoke for an indefinite period a plat of land to be used for recreational purposes, was before Council. The Question is referred to the 'City Manager, with request he interview Roanoke Hospital authOriti with a view of ascertaining if noises that may occur will be objectionable on the part of the Hospital. INSUIL'~!CE- E. B. FISi~LT~N: on property recently conveyed to the City by Mr. Blair J. Fishburn, was before Council. ~Ar. Bear moved that the City Clerk be instructed to confer v;tth Mr. Fishburn, and have the policy transferred, nmking same ~jayable to the City of Roanoke, the City to bear its proportional Dart of the $8.80 premium on same, An insurance policy covering protection to dwelli~ The motion ~-~as duly seconded, The City Clerk ~eported that Schedule Bond covering said amount to be refunded to ~'.~r. E. B. Fishburn. and unanimously adol.:ted. BONDS FO~ ~ ~'~'~"~' City ~i~loyees recently authorized by Council has been received, the amount of The invoice of A'Dril 25, 1955, premium, being W.i£O.O0. Auditor for pas~nent. is referred to the City Request for refund of ~4.60 for automobile city i.'.~r. Bear offered the license tag erroneousl~ collected from William Gayer fo_lo~'~n.~ resolution which ~'~as seconded by (~_o10) ~.~.~o~,~.~"~.~, to refund L.'illiam Gayer $4.60 for automobile City License tag collected in error. U?LY~R..2.CS, L'illiam Gayer has p~chased City automobile License tag ~ounting to .~4.60 for private automobile operat~ ' _nC '~;zthin the City of Ho~oke, and '~,.I-~;~,R~~ =':~, the said ]Jilli~ Gayer is a resident of the County of Roanoke and does not have a legal residence v~ithin the City li~ts, and under the law is not required to p~chase City automobile tag. ~_~~, BE IT P~0LV~ by the Co~cil of the City of Roanoke that the City .qudi~or be, and he is hereby directed to draw warrant i~ayable to Gayer for $4.60, covering cost of City Automobile tag collected in error. L~. Bear moved to adopt the Resolution. The motion was duly seconded by L~. Wi~, and the Resolution adopted by the follo~i~ vote: A~: Messrs. Bear, Comer, Po~ell, Wi~, ~d the ?resident, Hr. S~all-- 5. L~,~UH 0F VIY~G~IiA ..~,I~IP~ITI~: The President, I.'~ Small, broucht before Cousin il a co--un!cation from the League of Virginia Municipalities, as~ that he serve on the Relie~ Co. tree of the League. The City Cl~rk is directed to ac~o~iedge receipt of the co~ication and advise that the Mayor does not find it ex~edient to serve as a De--merit ~ember of the Co. tree, but that the City of Roanoke v;ill arrange to have a representative of Co~cil attend meetings ~';henever it see~ practical. BUDC-~: The City Clerk is directed to have statement prepared showing n~e and n~ber of employees receivi~ per a~ $1,500.00 or less, ~l,50O.O0 to $2,500.00; .~2,500 O0 to ~ . 73,500.00; and ~3,500.00 and up, and to request from the Clerk of the School Board the s~e info~ation, to be used in consideration of the budget for period beginning July 1, 1930. ~[ERGLd~ICY H;..N~IEF J~SSOCIATION: The City Manager brought before Council a request of the Emergency Relief Association to use the Gregory Avenue School Building for a sewing and quilting project headquarters. The City Manager is directed to permt~t the use of the building, with the understanding that the use of the building must be confined to the first floor. BLUDGET: The City Manager presented to each member of Council copy G~ the preliminary budget as ir epared by him for fiscal year begi~ming July l, 1955. The }'resident, i~r. Small, indicated that for consideration of the budget, Council ~'~ould in all probability hold night sessions, at least once each ~eek ~until the ~Jork is completed. There being no fuz'ther business, Council adjourned. .~ ? 1' 2 0 V E D ]'res ident. 279 28'0 COUNCIL, REGULAR MEETING, Friday, May 10, 1935. Tile Council of the City of Roanoke Iaet in regular meeting in the Circuit Court Room in the :.:unicipal Building. Friday, !Zay 10, 193~, at 3:00 o,clock P. m., the regular meetin6 hour. -"~"'~""-'- ~'or:ell and thC ]'resident ':r. Small .... 4. i-~.,o_~,.-, liessrs. B~ar, Comer, , ~'~ '~r. Small, ~residing _L~ i'resident, _ . itZr, o~.,~: ,.. _. City ::anagei'. ...~,,,.,~. It appearing that a co~,y_ of the m". !:utes, _ of the previous meet'~na~' has b~:en ~,,.._shed eachme,.oer of Council, uoon. r.4otion, dull; seconded, the readin;~., is dis,~ensed ,,,._on, and minutes a .r. roved as recorded z~, ~ ~.:.;.~Cl~'~o: Colonel Charles ~-~. Carson, of The Roanoke Times ~-" ' a,~,!',eared before Council, statin:v that an'.i The :.;arid ilers ~romotional deiar~..,e~,t, _ ~ :,ednesaa-:. ~, :'.ia>' !Sth, had been deszana~d as stra%v hat day" through, out the country, ann ,.h~t t~'oujh th,. courtesy of local merchmmts of the City, City Officials ~';ould o+~'-,"' hat u, rior to this date, w;t?~ proper ceremonies in front of be-:,.',resented x:itk a o~_~,. _ . ';.::e .,t .... ciE:al buildinl in order to ina~u~'ate tl;e season The "resident, ilr. Small, stztea on oena!~ of the ~ ~" . _ ' ' ' ~ .~oun,~] and otker.~'*--=,., of:.icia]s xJho are to be presented stra';; hats, and in view of the financial condition of the personnel, that he might expect a 100~i~ attendance on Nay !Eth. Colonel ~ames ~-;. ;','cods, -=tzorllev, re,CT es~,, u_n, the Ore ound ~_nes: '- , a :~.'-'--'eareu: before .,'~ouncil and asked for certain an~endments to a prorosed_ Ordinance regulatin~ bus terminals and routes over the City, pointin~ out, however, that t?.ere was no particular objection to the ordinance, excelot the effective date, ~,b~:. he felt should be de!aved until October 1, 1955 '~ '" Geogha Di trict Superintendent of ti:e Company, also spoke briefly before Council in behalf of ~uuend- ~ -- _ _ ' _n,._, that according to the C. rdinance as dream, t~;e in~-: ~i:= r~ro-~,osed ord!:la~ce, stat~ ~- ._ -'~*~2retation._,~_~z~_ ~';as that his company ~';ould not be permitted to load or unload on any streets wi~''' ~,.zn the City. ~'.he ;:resident, i..h'. Sm~ll, stated that the bus _~oeople had been put on notice several months ago that it would be necessary to provide for a terrminal, and it the sense of Council that ~'Jhile the ne~ terminal was under repairs that the bus term: nal on ~.orlol~ ~_venue %vou!d be utilized, and said by sufference the Company would be a!!oYJed this privilege, and suggested that the c~upany look into this possibility ~ ~' ~ il ts . and re~ort b~c~,~ to uounc at i next mee~in~ [ ~ '~ ~' ~ ~ 1I ~ ~~O¢,T::":o..v.'. Idr." " Turner ~-resident of ~: ~.~ u~:e Dixie Finance and Loan Co~-?oration, appeared before Council in support of a coa~mnication addressed to the body, and asked Vhat property located at !Z01 ',[ise f~.venue S. E., no%'; designated as Residental District in the doning Ordinance be changed to Business District. il The conmmnication and request are referred to the Board of Zoning Appeals for inveszigation and reco~aendation, and if no objection, to be later advertised for hearing. GOODWILL ILDUo~RY _d~ GOSPEL ~TISS~0~,,. Dr. Robert A Lapsley, Jr , the Good%,il! industry anti Gospel Nission, appeared before Co~cil in the interest o President of f funds for his organization, explaining to Council if tlie i,~ission was closed it would mean throwing upon the City an additional load for work relief and unemployables. He asked that Council appropriate $25.00 per week for a period of six nionths in order t~t the doors of the L~ission might be kept open. After a recess by Council, the l~resident, Hr. ~a].l, stated that Council recognized the work being done by the Goodwill Industry and Gospel l.~ission, and that an appropriation of $600.00 would be ~de, payable in a l~ap s~, for the calendar year 1935, with the understanding and ~eservation on the part or Council it does not establish any precedent, as Council ~as to meet these individual situations as they occ~., and what seems best to us in ,ne interes~ of the co~muunity a~ financial condition of the City, and in aporopria- ing this money, the s~e will be available within the ne:~ week. i~LiC ~ ~*{~ DE1 ' "~"~'~' .' '~" -' hairman of the Roanoke Council of Social -gencies, together ~'ith l.lr. Clem Johnson, }r. a. V. l~oberson, a-d Dr... ~.. Jackson, appeared and read before ~o~lcil report }f the Cor~ittee, urgin~ the creation of a De!:artment of !~ublic Welfare rot t~ ~- ~ ~itf. )f ~ , ~{oanoKe, a copy of which is filed in the office of the City Clerk. .~fter Questions md cozm~ents in connection with the subject, the Yresident, Sm]l, stated he felt{ e was expressing the thought of Council in statin5 tn~t t..e sen~ment of $ouncil is aridly crystalizing alonC tl:e lines as suggested in the memorand,~, and it %'~'as ho~ed~ hat t~Le ~ty would be able to %'~ork out at least a partial solution of the problem '~ ~'~'~ beginning July l, 19~5, and that while it is ~ithin the ~ovince f the committee '~o make the sus6estion, it is a very definite Pesronsibilitv of ouncil to find the revenue. After a further discussion of the subject, the 2resident ~ated if the re%uest for expenditures for charity and relief continued, for %?hich hhe City spent 5;'~ of its revenue last year, and for which there seemed no }f a smaller load fop the year 1935, there was a possibility it %';ould be found 2ecessary to impose additional taxes to suDlooPt such a department as %vas bein~ sug- .ested, in ;;hich event Council might call upon the Council of Social Agencies to ~o n the radio and explain to the public why ~ile additional 'tax was necessary. C~.~aR 0F COA~C~: x delegation from the Roanoke C~-~bep of Con%he,ce, headed )y .~eor~e S. Shackelford, ChaiPm~n, idlmicipai and State Affairs Cool,tee, a,fpeaPed ~efore ~ounci!, and asked for the adoption of three ordinances preventin6; 1. Loud speakers used for advertising. 2. Distribution of hand bills. 3. Regulation of s ide%'Jalk and 21oo~ sweepings. Copy of the Pe~or~ of the conn~ttee is filed in the office of the City Clerk. The Pmesident, l.k'. Small, stated that Co~cil had fop considePation a proposed ordinance for control of Loud speakers used for advertising, as well as one for the~: prevention of distribution of Hand Bills, but there had been objection me~isfePed in this latter proposal, at which time a.letter from L. E. Lookabill was read, ask-~ in6 that such an ordinance be not adopted. '.,ith ~efesence to Sidewalk and Floo~ sweepings. The P~esident stated Zha~ the City Manager ~-(as very glad to cooperate l'~ith the merchants in this respect, and informed the delegation that the City already had ordinances covering this subject, and that there was a possibility that it would be to the best interest of the mer- h - c an~s and the City to invoke the provisions of this ordinance before ado-pti~ others. I~ETITIONS ~d~D C '~~C~=I0~S: R~z~o f~ ~ATES: k co~unication from ~are~'~s-Jarre~t Brokerage Comi0any ask' ins for refund of excess license paid for l.[erch~dise Brokers, License. The cor~uni, cation is referred to the Co~ssioner of Nevenue for report as to the correctness of 281. 282 the correctness of the claim. STRE~,.~T ;~D~TING-PA~[ING: A communication from ~' ...rs. F. M. Firey, complaining of ~co ngested parking condition on Third Street betrleen Mountain and Elm Avenues, offer- lng to donate to the City certain property for street x';idening. The City Clerk is directed to acknowledge receipt of the co]maunication, anti !advise that it is contem-21ated to restrict parking on both sides of the street com- plained o f. ~_!0~.~: A communication from the Roanoke Tuberculosis :~ R0fd,'0lli", TUBERSULOSIS ASS0'~'' .... : Association asking that an a?proi~rlation be included in tl~e budget to provide for a chest physician. The cor~unication is laid over for consideration of the budget· ,,?DITS: k co:m~unication from L. L~cCarthy Dermis, Auditor of FublJ. c Accounts, advis~ns Council that 't has been agreed to postpone the exmuination of the accounts of the £chool Boa,-d of the City. j of Roanolze until after July 1, 1935. The ,q~'ty~ Clerk is directed Zo pro--,~v~~.___ res-o!ution for action of Council_ at next Friday,s meeting, callin¥ for bids fez- the ~.ork of auditing the accounts, the same to be undertaken as soon after July 1st, a~ '~j, ossible. ROAi~0~LE ~I,~.,~_ ~ ::LECTRIC 30LiP:Z.~: A notice fr~n the Roanoke Railway and ~ectrlc 3omLan[F ~etition~nu the Ltate Corporation Connuission of Virginia to extend auto bus route fz~on Salem Ave,.~uc and Jefferson Street, to ?ermit the petitioner to o[~erate "e:~rezs service" bet~';een Salem Avenue m~d Jefferson Stree~ intersection to ,~ne cor.jorate li,~e, was before Council. The-~tice is filed ' asking from !Zrs. E. ~. Clark, that Cotmcil_ t~'-o=:~ so~-~..~ action to assist her in collect~ nE__ . rent on proverty_ ovmed, ~=YO~,~,_-~,.~_,~,~.m 2L~BLi,~ LiBRZ~.qY: Connuunication from the City Auditor advisi~ that the approz, riation for books in the Roanoke Public Library Account is overdrawn ~? ~155.87. The ,~?.. ~lezk is directed to ascertain if there are sufficient funds in the Library Account which can be transferred to cover this overdraft, and to dra~', resolution accordingly, and send co'Dy of letter to i.lr. J. U. Hancock, iresident of that the Council feels that this a-0'oro0riation should not be f'~ther e::ceedea, a'aa ,,_=~ not a'£~5:ro'?iate funds for any further excess so created. · ~:~-~.~o communication from the ilational Conference on City :Planning callinc attention to the ~nnual Planning conference in Cincinnati, l~y 20-2 and inviting the 12ayor or some representative to attend, rJas before Council. The communication is referred to "~ Wiltsee, Chair,mn of the Board of Zoning Arpeals CURB ==...~ =~LR I~.~.,~. ~.~..~.~o: a ?etition_ from property o~?ners in the 800 block of Stev.~art _=venue S ~ askin~ tt~at Curb and Gutter be constructed, the pro'oerty orners to ~.ay tl:eir pro-rata cost of sempe, was before Cotu~cil. The petition is referred to the 34~,- _ o: 1 [anager. ~R0oo-0'/~Ro: ~ letter from :~. u. Roberson, by ,,. D. i'~right, makin~ application ~,~_ a oermit to construct concrete cross-overs to acco~:m~odate property on iT E. Corner of Highland Avenue and 6th Street S. ~., was before Council. The petition is referred to ~- r, 4+ ~he~_~,~!2anager _for investigation and recommendation. RL~0RT "~" ~w ~-~ ~-" u= 0.: i~. RE?0RT CF T?_~. CITY i. LQiTLGER: The City 12anager presented report of ~..~ork accomplish. ed and e:~.endit'~res for ~'ieeh ending :;ay 2, 1935 The re'mort is filed ,~ R0~A~O!LE HOSPi~'~ ." ' . ~¢,.: The City .,.tanager presented re'z;ort sho~¢_nc patients treated at Roanoke Hospital as sub~_~tted by the City Phy~cian. The re~ort is filed 283 REPORT OF COL~dlTTEES: "'~ "' ' "~'' ~0:.~A~Pf. A rel.ort of committee appointed REFUND OF LIC-.~{SE TAX~S-KROGER G-d0u~RZ ,~ ' ' · _ by Council composed of i..essrs. Jackson, Hunter, Yates and ,.';.art, ¥:as submitted to Cotmctl, the re£;ort reading as follows: "In regard to the request of i~roger Grocery Compmxy for a refund of taxes imposed by the City and collected on the sale of fresh meats and fish, the Cor..m. nutttee heretofore appointed by Council to investigate, respectfully reports that, in its oDin'-on, tl~:e Coum. cil will not be just}fled in granting said request. "The fresh mcat ~nd ~xsh businesses conducted by thc comTmny iz not an integral part of its general merchandise busir.ess for purpose of taxation, nor does the fact that the sale of those i~roductS alonj] with the com~2Gny,s general merchandise constitute, in the sense of the law, double taxation. ( Signed ) Respectfully submitted; Robt. ''~.. Jackson, · .. . Hunter, ..w. !{. Yates, John ii. Hart, Hote: The question raised is one of ia!,' only. The opinion of the City Solicitor is binding on me and i concur therein. Jno..... Hart ." The City Clerk is directed to forl?ard copy of same to :r. Fr~n:-i ,. Rogers, [,ttorney for the i~titioner for rel una. ~.-.. ,.~L.~-R. ,,. CALDi,;,,...u: The co.uTaittee composed of i.lessrs. Bear, 'jinn and '.'{unter to hear complaint of'_,-.. '~ ",,. Ca!d~':ell for treat:,:lent received by the l~o!ice ~euart;,',.ent, ',-.'as before '~ouncil, reco_r.muendi~S that ~he "~ - ~.50 fine 1?osted by Ca!d¥~e!l be refunded, even though, i.[r. w=~ldu~e!l failed to appear at the hearimz. is laid over until return of Co~mMtteemali ;/inn tho is absent. The euestion ~Ono~.D-',r~'±IOl, Oir c,,~..o.*-.-~.: C~i.iS: A request for refund o~' :¢1.26 for justice fee as ~2aid by attorneys ioindexter ~ ~oindexter in comiection wit" _ n process served on the Bonsaek 3to~e Co!.~!~any, Inc., t?as before Cou:icil. ~ '- ~,.: City Attorney -h~ c_uestion is referred to as to the .~_~f,s responsibility and ?rocedure in making the refund. CO~L '~;.",T ,--',~'-, -~-~m ,T?. uiie _ ~.,,~-;u~i_~,,. i c~miunication £zom ~'- C~ty Attorney gild_nc as his opinion ,that the draft of pro-posed Ordinance as reauested by zne lletai! Coal Dealers Yzas valid, if in the opinion of Council at this stage of the cu~rent tax year such :: an ordinance should be adopted, i. Lr. Bear presented i'/ritten objections to the :~ proposed ordinance, tabulating five oo~ections to sm.ne. R .... Fulwiler, jr., attor- ney for the Coal Dealers spoke briefly in support of the pro'~osed Ordinance, after which l.:r. ?o~';ell offered the fo!lo%'ir~Z ordinance for its first reading: (#451~) Ai{ 01-~DiiJ. Ai{CE to amend and to add to Section i of an ordinance adopted by the Council of the City of Roanoke on the 10th, day of January, 1955, !{o. 4443, and entitled, "An 0rdLuance governing and fixing license taxes to be paid by Retail and :.ho!esa!e ilerchants in the 'City of Roanoke, as amended.:' ,,_:~..~, an emergency has arisen by reason of the necessity for raising revenue~ to suoport the goveri~ment of the City of Roanoke and the general ~?e!fare of the - and the inhabitants thereof, such emergency is hereby declared to exist, and this ordinance shall be in force and effecZ from and after its passage. BE IT ' ' 0RDAIr,ED by the Council of the City of Roanoke that Section I of an ordinance adopted by the Council of the City of Roanoke on the 18th, day of Jmuuary 1935, No ~443, and entitled, · "An Ordinance governing and fixing license taxes to ~ " be be paid by Retail and ~,/~olesale L[erchants in the City of Roanoke, as ~..~ended, 284 amended, and this amendment to be considered as incorporated therewith amd a part thereof: On every person, firm or corporation engaged in the business of coal peddler, as hereinafter defined, there shall be a license fee of $10.00 on each wagon or other vehicle used in the business, and there shall be no change in the amount of the merchant's license tax as now provided by this Ordinance. On every person, firm or corporation engaged in the business of coal dealer, as hereinafter defined, the minim~ua license tax shall be $125.00 per year, payable upon issuance, based sales Of ',o'- · ,~o,000.00, or less, and a flat tax of 22¢ for each $100 O0 in excess thereof, based uBon gross sales whether l:,aid or not. This license tax on coal deal shall be in lieu of the merchants license tax and/or any other license tax. This license shall not be ~2rorated or transferable, except ul~on the majority vote of thi Council in each and every instance of a request for such transfer. The term "coal peddler:' shall include each ]~ersou, firm or corporation engaged in Deddiinc coal, wood or coke on the streets of this City from wagons or other vehicles, and selling in quantities of not n~ore than two hundred fifty (250) pounds at any one sale· The term "coal dealer" shall include every person, fir~, or corpor~ tion soliciting, selling, delivering, or offerin5 for sale, coal, wood or coke in this ~vy, ama x:ho does not come within the classification of coal peddler. license fee already z~aid for ~ ~ear ending December Si, i9o~, pursuant to this Srdinance and ?riot to this ~uendment shall be c~.edited on the license fee due and Dayab!e under this Ordiuance as amended. .~.e ~.r,~inance is laid over .~fter a vote on the iassage for its first reading, in ~,t~ich L[r. Bear voted " ' ~ir ~mall, stated that this ouestion ~:as against the consiaerat~on, the i:resident, . ~ being given attention with the understanding that the subject might b~: considered in its broader as~ecz/oi exfer~ment, ama if for any reason it comes to the notice of :Council such assistance as may be given the coal dealers is detrimental to the consmmers in tl%e Oity, that same will be corrected bi,: Council. communication from the De~ incuent Tax Department asking for refuud for !~rs. A!zie ... Cart and i.[ary E. Brt~_field was before Council, !dr. Bear offering Zhe follo~inc Resolution: ,~,~.~ to refund llrs. Xlzie ~. Carr 05.00 for camitation tax ~=l~ in error. ( For full text of Z~esolution see Ordinance Book i~o ~ Page i.lr. Bear moved to ado.v.~_ the resolution. ~h~ = m._o~zon+' was seconded by i. 2r. Comer, ~and ado-,~ted by the fo!!o-~,.'in~ vote- Messrs. Bear, Comer, Po¥.:e!l, and the :~es~_den~ ~r. Small ---4. iL%YS: fiche ....... O. ( idr. i;inn absent). LLr. Bear offered the follo~','ims Resolution: ~,-~o~.z~wi., to refund firs. L~ary ~. ~ Brumfield ~o.59 for personal proper1 ~tax maid in error ( For full text of Resolution see Ordinance Book '~o. 8, Page i L'Lr. Bear moved to ado~_t the Resolution. ? and ado,f, ted by the fo!lo~i~;~ vote: The motion was seconded by i.~. Comer AYES: L[essrs. Bear, Comer, Powell, and the lresident l.lr. Small--4. None ..... O. (l,[r. ',ii.un absent) . Ci~_~ TP~qob~: ~ resolution authorizing the City auditor to release certain charges against the ~ty Treasurer for refur, ds was read before Council, but at the rs request of the City Treasurer th~ resolution is carried over until the next meeting of Council on Friday, May 17th, at which time the City Treasurer will be heard on the subject, and the City Clerk is directed to request the City Auditor to be prose t at the same time. CITY TBs:;%UREtl: The City Treasurer presented roi:crt of taxes collected for the Treasurer,s office covering the month of ,~pril 1935, showi~j total collections for the month of :~i:.ril of $37,175.48, a decrease of ~1,970.76, as compared ~W_th the same month of 1934. The City Treasurer is directed to furnish by Friday, ilay 17th, total ll~'aber of attac~ents and garnishments served by his office since January 1, 1935 the sam~ to sho~'~ names and amounts. MECI~IIC~ SO~ },L~d[IHG D'~ICEJ;: The _ ' . ~-'.' __ cuestion el adopting ordinance prohibiting mechanical sound making devices, both as to stationary equi!;ment and that traveling on wheels over the streets of the City, the City su~o~s~ that in Iris jud~ent it would be best to ado~pt seioarate ordinances, and that he not~ had for preparation an ordinance coverin~ the sound ~- '-' ~- - ~ ma,~nc equ_.,.~ent over the streets of the ~z~y, which t'~ould be presented to Comtc[l at a later date, whereupon Lit. Bear offered the follo~,~no ordinance for its first readinc u~_e motion was seconded by 'ir. uoner, and tumnimously ado!,ted. ,~,r F~,~)~T~.r.,?T¢~ pronzbzt~ng any person frc~ mainta_nzn.~ and o3, erating any radio or other mechanical sound ~rmkin~g devices for advertising ~3ur-:_-,ases. BE i-,' ~-,~;~i[-~D by ~ne ootmcil of the n'~ of Roanoke, Virginia, as ~ol!o....s ~ ~l 0c · Section 1. It shall be unla~'ful for any person oz' ~fersons to maintain and operate in any buildin~ or on any prer.,,ises in the City of Roanoke any radio device or mechanical musical instrument or device of any kind thereby tl~e so'crud therefrom is cast directly u~.on the ~.ublic streets and pub._zc ~J~laces, and 'where such device is maintained and o'2:erated for advertising purposes or for the pur-~Dose of attracting the attention of the passinc I)ub!ic, or ~'d~ich is so ,placed and cz, crated that the sounds co~mzn~ tberef_~'om can be heard to the annoym~ce or invonvenience of travelers u:.,on any street o~- ~ublic place or persons in neighboring ~rm..~ses. Section 2..'my person, fi_~n.- or' core, oration who violates this ordinemce or any L. rov'ision the'~'eof shall_ be guilty o~' a misdemeanor and shall be fined not less than · .~15 00 for each offense Eac" stitute a separate offense. The Ordinance is laid over. IL'JIBILLS: A proposed ordinance p~ohibiting the distribution of handbills and other advertising matter -~as before Council, and objection raised as to the prohibi- ting of general distribution, but there beinG no objection to -the 2-' ohlbitins of the ~lacing of such ~andbills in, attachin~j to, or on auZomobiles, L~. i:'o~zell offered the follo~;'ing 0rdinmuce for its first reading. and ~an~ously ad,ted. (~4518) ~.: 0RDiN~?CE p~ohibitzn~ the place~,en5 or attachment of handbills or The motion ~';as seconded by i.ir. Bear, sther advertising matter on automobiles. B~ IT 0RDAIi~ED by the Council of the City of Roanoke, Virginia, that it shall~! be unlawful for any Derson or persons to Dlace in, or attach to, or on, any automobile r~ithout the permission of the oYmer any handbill or other advertising: ,- ~ · ~ . _~lj' )erson, firm or cor-ooration_ violatinc any provision of this ozdin=nce- ~ ~ shall, upon onviction, be fined ..)10.00 for each offense. The ordinance is laid over. 285 286 NOTIONS AiD L'.ISC :KLLANEOUS BUSINESS: STREET EXT~{SION-CARROLL AVEI~UE: L~r. Bear stated to Council that since the las1 meeting of the body, he had personally investigated, including a visit of tl~e site, of the street opening at Carroll _.~venue, as petitioned by lLi~.muerling Brothers, and it v,'as his opinion ~,,at the Question should be reconsidered, offering statistical .data in suppor~ of his contention, the same being ;nde a separate part of the record and filed in the office of the City Cle ~ ..fter a discussion of the cD estion, Comer moved a reconsideration of the petition or i.irm~erling .Brothers for opening ,Carroll .~_venue, between 18th and 19th Streets, and that the report ~f the City remain as unfinished business. .- n~otion was seconded by .:.~. Fov~e].l, and unanimous ad oz~t e d. CIVIC B2'l~F2~I.lli~T CLUB: The i:resident, i.[r. S~:mll, brought before Council a corn- ~aunication as presented ta him by l:rs. Lucian H, Cocke, and offered a motion that t?~ letter dated &pril 28, 1906, from Joel H. Cutchin, Nayor of the City of Zoanoke, addressed to [.irs. Lucian ii. Cocke, i resident of the Civic Betterment Club, be :':nde a minute of the meetinS of Council. The ...orion u'as duly Seconded, and unanimously adopted. Uhe letter ls Quoted belo~':- "Rom~oke, Virginia, April 23, 1906. Dear · " " but as L:ayor of iardon the liberty i take -~n r:ritin..s this co, mun~cation, beaut: '~'~ ~ "it- ~ ~- =~._ .~ , ~ cannot be blind to t.~e great_ r, ossibi!ities for good to the '~ ily ~'~ ....' ' -- ~.~ccssar o.~ns fFo:7: the efforts ~o~'; being eu~ on foot . ~-'- ~a..ne. ~.n organization fop the puroose of stimulatin the Sivic vride of our c~tizens has been a %';ant that has _ = aDreamed to l~le ever .._~..,o~ about four ..-ears ago The rapid grox;th of ~*'~ City, ~,~ - its cosmopolitan character and the ne¥,'ness of ~ts citi-~ '~'~ - -'~ ' b ~ _ _ ~=ns-z~, cou~=d r~zt. tl~e industrial activity of the p~'~le has been the cause o'~' a lack of interest in Nunicipa! matters, which has continued already too long. -lc time has now come ~'d~en the future of the 0ity and the character of its ' ~b't " ~h~t the z:u.~ z ants and surroundings demand consideraomon, ~d I am glad to see * ~ ladies have decided to give so:.ue of their time a~ thought to the correction of unsat~sfaczorr conditions no~¥ in existance, and to prevent others sure to folto~v, ~m~less prevenzive measures be undertaken and without delay. £anitary condio~ons are not ¥,~hat they should be by a great deal, but i beg to assure you, that in season and out of season, not only myself, but the Board of /Health, have begged and entreated the Council for more and better facilities, and have ua-~ed the co-or, eration of the · ~ _ ,~n~s~c~ans in reporti~S contagious and infectious diseases. _'mere are sufficient_ o-''~inances2~ to accomplish ti:e desired results, but it is -~ ~':~thouv ~impossib!e to enforce those reiatin~ to disease statistics and information, ~' ' .~n= active co-oi~eration and assistance of physicians and people effected robe Board :.of Health is not only willzns,' ~ but anxious to do everything _oossible, and in passing :=..r:!_o m~ ~o ~0 ~,,~ ol_e ~.oara i. or~s ~n entire p. er_.~ony l,lbF_ u:~ .,,ayor, ~n~ ~ do no~ believe any Cit~ in the State has a ~ore active, conscientious a~d ~zi!li~6 board tha~ ~has Roanoke. !z vhysigians would be careful an9 o~om-.:.t to re~:~ort sickness and death~ '.~nd ~.he peop_e ~'~o~la lzve u=~ to ~h~ ordmnances mn-re._.~rting i~xectious and cont~g~ou~ ~diseases, ~sistinc in the established Quarantine regulations and calling upon the ~..ayor, or Board of Health for f~gation, whehever a nee~ ms found to exist, much .would be accomplished in the way of eradicating and preventing disease, The Board of Health endeavors to keep abreast of the times in this particular, and the '~_ty _~ s equipped w~h' ' ~ Formaldyhide Generators, and other apparatus for fumigating purposes. Recently the very latest and most approved method of fumlgatin! apparatus kno:~m to science has been installed. Ail of these things are at the set- .vice of the people and only for the askings. But when it comes to keeping the City clean and healthy it cannot be done ,.through the agencies under the control of the Mayor for lack of proper facilities. iT~ere. __ are sufficient ordinances, but while the ordinances require, for instance, !~h~ garbage shall be removed by the C~_ty every forty-eight hours, the Sanitary iIns~ector, u~ho is also fore_~an of the force has a force of twelve men and seven out of date, unsuitable one horse wagons. You can readily see that it is impossible ~for h~ to do the work, and consequantly instead of visiting each pre_~zises every two !days, he can do so but once a week. The increase of the force does not keep pace ~':ith the gro~,'th of the City, being about the sa~..me as it ~','as ten years ago, We have no Sanitary Police such as has, every other City the size of Roanoke. ~'e have no Plumbing insi~.ector such as the law re%uires, in .order that we may have sa~.itary plumbing. Diphtheria and possibly other diseases are frequently 287 caused from defective and unsanitary plumbing. We have no Buildir~j Inspector to see that buildings are properly constructed. We have no iaan to inspect meats, vegetables, etc., sold all over the City to insure against unhealthy foodstuff. We have no ~lilk Inspector to see that the people in the surrounding, count~ s who sell milk to distributors conduct their premises in a cleanly condition, and furaish pure milk, and whose duty it would also be to see that all persons who keep cows in the City and furnish milk to neighbors, etc., keep healthy cows and cleanly surroundings. We have no one vested with power to ascertain if water used for dri~inc pur- poses, or for the ~nufacture of ice is polluted or not. ~ We have no. Bacteriologist to find disease germs in everything ~e eat and drink as well as the dust lade~ air we breathe, the wonder of it all is, ~;hat ~e are alive to kick. I see rauch stress is laid u~j, on the question of milk supply. Important as it is, there are other things of primary imi~ortance, and I hope youa' body will be ¥:i!l. inc to acce'ot a 'Dart of v:hat you ',ant now, and ~'ork for t~e others which will come in due time. The ~':ater su2ply is a question of imi:,ortance, and its ?urity should be assured. Agitation might ~o harm. .:~uiet and effective work is needed. The l,[ayor should be vested ~'~ith authority by Council, and I believe will be, to have the purity of thc ~ater ~,rov '" ~ ~n and ~rotected. The :~tter is already before the body. Ii' you will pardon ~'~e, I ~';ould suggest that the follo~vlnc subjects first brought to a satisfactory coaclusion, viz: FIRST - i~revail upon the Council to authorize the appointment of one or more Sanitary l~olicemen whose principal duty should be to look after the e.~.force~uent of health ordinances, especially as to the healthfulness of co~'s fu~-nishin.~ mi!k, l~ure, s¥;eet and good, and to investi,gate o~:~er~ ~'ood stuff and su=~.~lies~-~ . SEC0i~ - :~u increase of the sanitary department so that it can pro"2erll clean ~ne '~ity and give a satisfactory service. TEIRD - tlave the ~'~ater used for drinking purposes and the manufactire of ice exm:~ined by a Bacteriologist. FOUR~[ - Educate the peo:j~!e to the necessity of a strict compliance .~,ith health~ ~eau_ations; the physicians and those sick to co-operate ~fi~h ~_e Board or Eea!~'~ and above all, instil in the ~uinds of children in Zhe public schools love and beautiful and cleanly home surroundings. FIFTH - Urge the School Board to enforce rigidly the law as to vaccination. SIk~_H - Urge Council to c~-eate the office of i'-~luunbing Inspector. ',,'hen these things have been accomplished the pathway to Civic health and beauty '~'~ill be opened and you can then proceed scattering joy and gladness broadcast and ~ secure every other good thing you ladies may deem to be to the best interests of our beloved City. I bid you God speed in your efforts. ( SiEned ) Very~ resoect'rully,_ _ Joel H. Cutchin, ]2ayor." STRAW i'L~TS: The City Clerk is directed to address the follo~;ing co~.um~ication to ~olone! Charles n. Carson, ~ho appeared before Council earlier during the meeting; "I km directed by the Council of the City of Roanoke to inform you that after your appearance before the body on Friday, .%[ay 10, 1955, the question of City officials receiving straw hats ~';as given further consideration, and the body is of the opinion that t¥~o important members of the Council are the newspaper reporters, namely, ~.~essrs. ~. ~. o~mvh and C. O. Lowance, and that ~ will be given they are also entitled to straw hats, and Council hopes the~ due consideration, and their names included in compiling tt~e list." · ,'~ r.~ ~ ~7 ,. ~ ,--- , rn ,-3 LEA~:U... OF VIR~I.,,I~ :.~,±CIP'~LI~IES: ;.,~. Hunter called to the attention of Council a meetimg, as per notice and invitation sent out by the League of Virginia ~.lunicipali- ties, for a State Wide Safety Conference to be held in Richmond on i.._'ay 15th, but ex?ressed the opinion tl~at the City should not bear the expense of any re?resentative who wished to attend the meeting. There bein~ no further business, Council adjourned to meet at ~:~0 o'clock p. m,, on i:onday, Liay 15, 1955, for consideration of the Budget. APPROVED rre si de nt :~ 288 GOUNCIL, R~GULAR MEETINg, l~iday, May 17, 19~5. The Council of the City of Roanoke met in regular meeting in the Circuit Cou~t Room in the Municipal Building Friday, May 17, 19~5, at 2:00 o'clock ]~. m., the occasioned f~r conference with the Roanoke School Board fo~ for, the fiscal year beginning ~uly 1, 1935. Powell, ~inn, and the President Mr. Small --5. early meeting hour being discussion of the Budget PRESET: Messrs. Bear, Comer, ABSENT: None ---0. The President, OFFICERS PRES~{T: ~;. P. Hunter, SCHOOL BOARD: W. P. Hazlegrove, with Board m~bers, R. C. Churchill, D. E. McQuilkin, Superintendent of Schools, and at the invitation of Council, appeared for a for the School Board. Small, presiding. City Manager. Chairman of the Roanoke School Board, together ~&rs. Ould, L. G. Muse, and Harvey Gray; also J. $. McDonald, Clerk of the Board, discussion of the Budget submission The President, ~Hr. Small, stated that Council had asked the School Board to mee with it to consider the Budget for the fiscal year beginning July l, 19~, and that he thought this was an appropriate time before taking up the Budget proper to say on behalf of the Council, that it was the unanimous thought that the School Board has done a good job in the problems confronting the School Admlnistration. We think you have done this with due regard to the financial situation, with proper consideration of the teachers, and also, and just as important, with l~oper consideration of the school childrens' part in the picture. The President, stated the School Board had not been asked here to critize the Budget, because we have every confidence that you are doing the job well, but we do think it desirable to review the situation a littl, to see if we have any thought or suggestion in the matter that nay not have occurred to you, stating further that he thought the City of Roanoke owes the School Board a vote of confidence and appreciation for the work being done. Mr. Hazlegrove in response to the President, stated that the School Board ap- preciated the confidence expressed, and that the Board is always ready and willing to give Council any facts they desired, or sit around the table and discuss the problems, and that he wanted Council to know that the School Board has nothing to hide, but on the contrary was ready and_ willing to give any information it has. The various items for amounts included in the School Budget was discussed for an hour, the President and other members of Council asking questions with reference thereto. In closing the conference, bet of teaching days, as crease pay of school and desirous of going as far as possible, but the way, and maybe not any of the way. ~ It was expressed that ~mless there were the salary question, that no further discussion of the Board would be necessary. ~ MINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the reading is dispensed with, and the minutes approved as recorded. during which time the question of tncrease~ nun- proposed by the School Board, was discussed, as well as in- city employees, the President stated that Council was very it was doubtful we would be able to go all HEARING OF CITIZENS UPON PUBLIC M~TTERS: developments in connection with study of FIRE PROTECTION: ~. ¢. Ma~tin, appeared before Council an~ aske~ that consider4 tion be given ~o supplying adequate fire protection By extending water mains, and installing fire hydrants, to a section of Northeast, north of the Norfolk and Westel Railway, staking that the question had been put Before the Roanoke Water Company, but his clients, two oil companies, had been unable to get the desired results. Ma] of the section in question is filed in the office of the City Clerk. The request if referred to the City Manager to confer with the City Attorney, and the Roanoke Water Company, and report to Council at its next meeting. NARCOTICS: Mr. B. F. Moomaw, Secretary of the Roanoke Chamber of Commerce, ap-~ peered before Council, and filed report and request of the Public Health Commnittee, with reference to Marihuana plant, asking that proper ordinance be adopted after a ':'~ survey by the Health Department to prevent the growing of the plant within the City~ of Roanoke. The request is referred to the City Manager for discussion with Dr. Ransone, City Health Officer, together with Mr. Powell, from Council, to bring back report and recommendation to Council. BUS TEP~,'~NAL: Colonel James P. goods, representing the Greyhound Bus Lines, together with Mr. G. S. Ingle, and W. F. C. eoghan, representatives of the Company, appeared before Council, and asked that further consideration be given before adopt- ing a proposed Ordinance previously before Co,:ncil. After a discussion of the ques-' tion, it was the opinion of the representatives that the terminal on Norfolk Avenue appcinted as a member of the Committee and Jeffersan Street could be utilized while the present terminal on Church Avenue is being remodeled, if loading and unloading on the street is permitted "by sufferance". This arrangement appeared to be satisfactory, and the proposed ordinance carried in the regular order of business for its final reading. PETITIONS AND COMMUNICATIONS: STREET WIDENING: A co~unication from Miss M. C. Kindred, asking that considera- tion be given to the question of widening Seventh Street bet~een I,Iontrose and Buena i~ sell to the City Vista Avenues, was before Council, the petitioner agreeing to sufficient, ground at assessed value for the project. mendations, and to make such supDlementary rec~endations as he sees fit. STREET ~DENING -CARROLL A~: A communication from Kimmerling withdrawing offer to widen Carroll Avenue N. ~., was before Council. tion is filed. F. E. R. A: A communication from T. C. Rohrbaugh, Area Administrator, The City Manager stated the Question had previously ~een before Council with ih~s recommendation. The matter is referred to the City Man~ger to review his recom-i Brothers, The ¢omaunica-'',' asking ¢ou_nctl to adopt ~ resolution, stating that Resolution ~500, adopted April 10, 19~$, supersedes the application dated March 29, 1935. It was moved, seconded, and unanimously adopted that be prepared, and adopted in the regular order of business. REPORT OF OFFICERS: the necessary resolut ion REPORT OF THE CITY MANAGER: The City Manager presented report of work ~d and expenditures for week ending May 9, 1935. The report is filed. CROSS-OVERS: The City Manager recommends the application of R. W. accomplish- Roherson for ! ~ermit to construct cross-overs for entrance to filling station on the N. E. Corner 1Er. Comer moved the recommends- the following resolution: ,f Highland Avenue and 6th Street S. E., be granted. ~ion of the City Manager be concurred in, and effaced 289 290 A RESOLUTION granting a permit to R. ~. Roberson to construct certain oroaB-oTera. liT', Polell ~oved to adopt tadopted by the following Tote: AYES: Messrs. Bear, Comer, NAYS: None .... 0 o REPORTS OF COMMITTEES: ; COMPLAINT-~. ~. CALD~ELL: :~inn and Hunter vith reference by the Folice Department, was again cuffed in. AYES: Messrs. Bear and ~inn --3. NAYS: Messrs. Comer, Powell, and She UNFINISHED BUSINESS: None. CLAI~tS: None. the resolution, which was seconded by Mr. Comer, and Powell, linn, and the President Mr. Small --5. The report of committee composed of Messrs. Bear, to complaint of R. ~. Caldwell for treatment received of the $2.50 fine imposed by Caldwell the report of the Committee be con- by Mr. Ninn, and lost by the following vote: recommending refund before Council, Mr. Bea~ m~ving that The motion was seconded was adopted by the President Mr. Small --3. ~inn, and the President Mr. Sm-ll --5. baying been previously introduced, read md (~4518) AN ORDINANCE prohibiting the placement or attachment of handbills or laid over was taken up and again read: The following Ordinance 8, page 270). ordinance is adopted by the Comer, Powell, following vote: AYES: Messrs. Bear, NAYS: None ---0. HANDBILLS: having been introduced, INTRODUCTION A~qD JONSIDERATION OF ORDINANCES AND RESOLUTIONS: INTERURBAN BUSSES: The following ordinance having been introduced, read and laid over was again read: (~4512) AN ORDINANCE to regulate the operation of interurban automobile busses upon the streets of the City of Roanoke, and to prescribe penalties for its violatior ( For full text of Ordinance see Ordinance Book No. 8, page # 2_69 .). Mr. Powell moved to adopt the ordinance the motion was seconded by ~. Comer and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. small--5· NAYS: None .... O. COAL DEALERS-RETAIL: The following ordinance having been previously introduced, read and laid over was again read· (~4514)' AN ORDINANCE to amend and to add to Section 1, of an Ordinance adopted by the Council of the City of Roanoke on the 18th, day of January 1935, No. 44A3, and entitled, "An Ordinance governing and fixing license taxes to be paid by Retail and ~holesale Merchants in the City of Roanoke, as amended." ( For full tex~ of Ordinance see Ordinance Book No. 8, page On motion of 1.dr. Powell, seconded by Mr. Comer, the Ordinance following vote: AYES: Messrs. Bear, Comer, Powell, Ninn, and the President Mr. Small ---5. NAYS: None .... 0. MEChaNICAL SOUND ~.&AY~G DEVICES: The following ordinance read and laid over was taken up and again read: (~4517~ AlU ORDINANCE prohibiting ~n_y person from maintaining ,pal operating any !~radio or other mechanical sound making devices for advertising purposes. ( For full text of Ordinance see Ordin, p ce Book No. On motion of .Mr. Comer, seconded by .Mr. Powell, the othor advox-tlsing matter on automobiles. BE IT ORDAINED by be unlawfUl for any person or persons to place in, or attach to, mobtle without the permission of the owner any handbill or other Any ~erson, firm or corporation violating any provision of upon conviction, be fined $10.00 for each offense. the Council of the City of Roanoke, Virginia, that it shall or on, any auto- advertising matterl this ordinance shall, Mr. Bear moved to amend the Ordinance by changing the fine frma $10.00 to $5.00. The motion was seconded by Mr. Winn and the amendment adopted by the follow. vote: AYES: Messrs. Bear, NAYS: None .... 0. Comer, Powell, ~inn and the President nM. Small --5. Thereupon, the ordinance as amended by the following vote: was placed upon its passage and adopted AYES: Messrs. Bear, Comer, Powell, Ninn ,nd the President Mr. Small--5. NAYS: None .... 0. The amended ordinance to read as follows: other (~4518) AN ORDINANCE prohibiting the placement or advertising matter on automobiles. attachment of handbills or BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that it shall be unlawful for any person or persons to place in, or attach to, or on, any automo- bile without the permission of the owner any handbill or other advertising matter. Any person, firm or corporation violating any provision of this ordinance shall, upon conviction, be fined ~5~ for each offense. REFUNDS ~'dID REBATES: ~Lr. Bear offered the following Resolution to refund M. 0. Lemon $1.00 for overpayment of electrical permit. (#4521) A RESOLUTION to refund M. 0. Lemon $1.00 for Electrical permit, repre- senting duplicate payment. ( For full text of Resolution see Ordinance Book No. 8, Page #272). Mr. Bear moved to adopt the resolution. The motion was seconded by ~. Winn and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President ~. Small --5. NAYS: None .... -0. REFUNDS AND REBATES: A request $1.00 for over charge of electrical offering the following resolution: (~4522) A RESOLUTION to refund Jefferson Electric of electrical inspection fee. of the Jefferson Electric Company for refund of inspection fee was before Council, Mr. Bear Company $1.00 for overcharge ( For full text of Resolution see Ordinance Book No. 8, page ~272). Mr. Bear moved to adopt the Resolution. The motion was seconded by Mr. ~nd adopted by the following vote: ~inn, AYES: Messrs. Bear, Comer, Powell, Winn and the President Mr. Small--5. NAYS: None ..... 0. REFUNDS aND REBATES: Iunter with reference to unpaid taxes, was Exchange of communication between the City Clerk and C. E. to bill for $410.65 for fee and expenses, said amount to apply before Council, .ELf. Bear offering the following Resolution: (~4523) A RESOLUTION directing the City Auditor to draw warrant payable to C. E~ tunter for 0410.65 for fee and expenses in connection with case of the City of toanoke vs R. S.._~m~th, Commonwealth Attorney, before the Court of A~peals 291 292 ( For full text of Resolution see Mr. Bear moved to adopt the resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn ~_n_d the NAYS: None ..... 0. GOOD~I~.L INDUSTRY AND GOSPEL M~SSION: The President, , following resolution: (~4519) A RESOLUTION authorizing the "payable to D. P. Hylton, Treasurer, Roanoke appropriating funds therefor. Ordinance Book No, 8, The motion was Page seconded by M~. finn, President Mr. ~mall--5. Mr. ~nall, offered the City Auditor to draw warrant Goodwill Industry & Gospel Mission, For full text of Resolution see 0rdinence Book No. 8, page ~271 ). for $600.00, and ( Mr. Small moved to adopt the Resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn, NAYS: None ..... 0. AUDIT ACCOUNTS OF SCHOOL BOARD: School Board Roanoke City resolution: (~5~) sealed bids The motion was seconded by },M. and the President, M~. Small--5. The question of auditing the accounts of the was again before Co;:~cil, Mr. Bear offering the Powel] following A RESOLUTION authorizing and directing the advertising and asking for auditing the accounts of the Roanoke City School Board. ( For full text of Resolution see Ordinance Book No. 8, page/~273). Mr. Bear moved to adopt the Resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, SJi~, and the President Mr. Small --5. for The motion was seconded by Mr. Comer NAYS: None ..... 0. CITY TREASURER: ~r. C. R. Kennett, City Treasurer, did the City Auditor, in connection charges against the City Treasurer, appeared before Council, as with a resolution proposing to release certain and providing for the referring of al2 future refunds to the City Council. After a discussion of the question, during which the City Treasurer objected to certain phases of the the following: (~4525) A RESOLUTION authorizing the City Auditor to release certain charges against the City Treasurer for refunds. ( For full text of Resolution see Ordinance Book No. 8, page #274 ). Mr. Winn moved to adopt the resolution. The motion was seconded by Mr. Come~, and adopted by proposed Resolution, Mr. Winn offer4 and the President ~. Small --5. the following resolution: Winn, the following vote: AYES: Messrs. Bear, Co, er, Powell, NAYS: None ..... 0. F. E. R. A; RESOLUTION: Mr. Ninn offered (~4526) A RESOLUTION directing that Resolution ~4500, supersede resolution ~4487, dated March 29, 1935, ( For full text of Resolution see Ordinance Book No. and to adopt the dated April 19, 1935, Mr. Win_n moved 8, page ~274). adopted by the following vote: AYES: Messrs. Bear, NAYs: None .... 0. C rimer, The .motion was seconded by Mr. Bear, resolut ion. Powe 11, and the President ~,dr. Small--5. ,d PBO~TXO~ &ND CONTHACEPTIVF~: Mr. Winn presented to Council a draft of proposed Ordinance regulating the sale of ITophylaoties and Contraceptives, but a discussion of the question revealed that the proposed Ordinance did not amend an ordinance already adopted regulatin6 the sale of such appliances. The question is i refer~ed bask to get the proposed Ordinance in legal shape before consideration of Council. CITY TREASURER: The City Treasurer presented report showin6 summary of attach- ments and garnishments served by his office as requested by Council at a previous meeting. The report is filed. V. E. R. A: The City Manager reported that the VEHA was turnin6 over to the local Social Service Bureau a number of unemployables on the relief rolls. He ad- ~ IVised Council that ~rs. Burnett was endeavoring to turn back to the Relief Department las many cases as possible, after investigation proved they were able to work. There being no further business, Council adjourned to meet at 2:00 o'clock p. m., on Friday, May 24th, Budget. the early hour being called for consideration of the ~Ole APPROVED President 293 294 Friday, May P~, 1955o The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building Friday, May 24, 1955, at 3:00 .having previously met at 2:00 o,olock p. m., for an hours' Budget. PRESFdIT: Messrs. o'clock p. m., after consideration of the Bear, Comer, Powell, Winn, and the President Mr. Small --5. ABSENT: None .... O. The President, I.Jr. Small, presiding. OFFICERS PRES~T: W. P. Hunter, City Manage.. }~h~dTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion of ~M. ~inn, seconded by Mr. Comer, the readin~ is dispensed with, and the _m~.nutes approved as recorded. HF,~RING OF CITIZENS UPON PUBLIC MATTERS: STREET WIDENING: A committee appeared before Co,,ncil asking that Council autho~ the widening of Seventh Street between I.iontrose and Buena Vista Avenues, at a cost agreed upon by the property owners with the City Manager, the question having been before Council at a previous meeting on petition of Miss M. C. Kindred. The City Me,agar reco~ends that the street widening be authorized. ~r. Comer moved that the recommendation of the City Manager be concurred in. The motion was seconded by Mr. NiBB, and unanimously adopted. DRUGS M{D MEnlCINAL APPLIANCES: A delegation from the Roanoke County Retail Drug Association, and their attorney, John ~. Wright, appeared before Council in opposition to a proposed amendment to Ordinance ~395 regulating the sale of drugs and medicinal appliances. ~&r. Nright spoke at length on the subject, detailing the Drug Associations' objections to permitting the sale of the merchandise in questim in all business establishments paying a merchants' license as proposed by the ~mend- ~e~to In the course of the discussion, Dr. ¥¥. P. Jackson and Dr. George Hurt, from the Roanoke Academy of Medicine, appeared in opposition of the proposed amendment, :as did D. R. Armemtrout and Philip Clore of the Drug Association. At the request o~ Council, Dr. Ransoue, City Health Officer, appeared and gave as his opinion that the amending of the Ordinance would tend to promote preventative of courageous diseases After a lengthy discussion of the question both pro and con, the President, Small, stated that Council was very glad to have had the opportunity of hearing a ~'discussion of the question, and that the information presented would be used in consideration of the proposed amendment in the regular order of business. SCHOOL BOARD: H. F. Stoke, appeared before Council, advocatiBg that the School Board underwrite its own insurance, and presemted statement showing saving that wo~ be effected by so doing. ~. Stoke was advised that this question has been u~der consideration by the School Board, the Presiden~ 1~. Smmll stating that he had personally discussed the question with members of the Board, and felt sure if Mr. ~Stoke would present his data to the Board they would be very glad to have it. SCHOOL BOARD: H. F. Stoke appeared before Council protesting the manner of !. }p ying substitute school teachers in the City of Roanoke, numbering twenty teackers iwho have to report daily and £ollow a daily routine, although receive pay for only .d the days tauEhZ. least the NRA mln~-m wage. BUILDING LINE-POLL06"KS: Morris L. Masinter, Attorney, Mr. Stoke was of the opinion that the teachers should receive at for the Pollock,s Shoe Company, together with representatives of the Company, appeared before Council, as previously scheduled, to show cause why the front of building on Campbell Avenue should not be removed. ~M. Masinter contended that the store front conforms to the buildin/$ line of the present building, which was built in 1889, and if there was any encroachment, it would not extend more than 1/2 inch, as the metal was only 1/15 inches thick, and lays flush with the old pilasters of the building. contended that there was no attempt to encroach on the street, that ~tr. Masinter the permit was secured in regular routine, and that the front was never questioned by the Buildtng and no question Inspector, raised until several days after the opening of the store.~ contractor for installing the front, appeared' installed, as did C. B. Malcolm, who made the Mr. Philip Jaff of New York, the and explained Just how the front was drawing and an examination of the property for encroachments. P. Magann, Building Inspector, appeared at the invitation of Council and did Mr. Davidow of the stated the procedure followed in granting the permit, as Davidow Wall Paper Company, who applied for the permit. After a recess, the President, Mr. Small, stated that Council had considered the Question, and had also discussed the legal phases with the City Attorney; that Co,mcil is going to take the matter under further advisement, and it may be necessary for the City to take some further steps to invoke its right with respect to encroachments of street lines on the Pollock building and one or two other business properties in' that particular block; that such action will be determined in the light of further ~ survey and development of the City Manager, and the City is very definitely and positively going to insist on its rights as to encroachments on the streets. ~e don't Enow what further action may be necessary in tbfs case, but it is going to be referred back to the City Ma~ege~ for further i~formation and further recommendation. BOARD OF ZONING APPEALS: B.A. Circle appeared before Council and presented ' petition and map signed by nine residents in the Southeast Section, asking that Lot l, Block l, Circle Addition, now classified as residence property be changed to Business property. : The Question is referred to the Board of Zoning Appeals for investigation, report, and recommendation. PETITIONS AND C01~CATIONS: A petition from property owners abutting on Kirk Avenue, Eas~, signed by seven names, asking that Kirk Avenue be graded and opened, beginning at 8th Street S. E., and extending westward to a point approximately 4~0 feet, was before Council. The petition is referred to the City Manager for repc~ ~ and recommendation. BOARD OF ZONING APPEALS: A report from the Board of Zoning Appeals, recommending that BlocF~ ~ and 3, Roanoke Land & Improvement Addition, as shown on Sheet No. 411 of the zone Map, be changed f=om General Residence District to Light Industrial District, as petitioned by M. ~. Turner, at a previous meeting of. Council. M~. Bear moved that the recommendation of the Board of Zooming Appeals be concurred in, and the City Clerk be directed to prepare and insert the necessary advertisement for hearing. The motion was seconded by Mr. Ninn, and ummimously adopted. 295 2 96 REPORT OF OFFXCER3: REPORT OF THE CITY MANAGER: The City Manager presented repox-t of work accom- plished and expenditures for week ending May 16, 10SS, The report is filed. STREET LIGHTS: The City Manager recommends the installation of one 100 C. P. Street light on MeDowell Avenue, approximately 350 feet West of 8th Street N. W.; Mr. Bear moved to concu~ in the recommendation of the City Manager, a~d offered the following Resolution: (~45S?~ A RESOLUTION to install a certain street light. BE IT RESOLVED BY THE COUNCIL OF THE City of Roanoke that the Appalachian Electric Power Company be, and it is hereby directed to install one 100 C. P. Stree' Light to be located on McDowell Avenue approximately 550 feet West of 8th Street N. Said light to be maintained under the contract existing between the Appalacht~ Electric Power Company and the City of Roanoke. ~r. Bear moved to adopt the resolution. The motion was seconded by Mr. Wins, and adopted by the AYES: Messrs. NAYS: None---O. following vote: Bear, Comer, Powell, Winn, and the President Mr. Small ...... REPOP& OF COMMITTEF~: NARCOTICS: The committee composed of Messrs. Hunter, Ransome previously appointed by Council, for investigation and report with and Powell, reference to request of the Chamber of Commerce to adopt Ordinance regulating the growth of Mariahuana plants within the City of Roanoke, m__~de the following report: "Regarding the communication from Public Health Committee of the Roanoke Cb-tuber of Commerce with reference to the elimination of Mariahuana plant, this Conm~ttee wishes to report that arrangements are being made for one or more inspectors under the local White Collar V. E. R. A. Project who will be instructed in the recognition of this plant and will make a carel~l search in the City for this weed along with other noxious weeds grow_lng in the City. "We recommend that the present ordinance No. 4460 be so amended so as to permit the sale pf preparations of Cannabis Sativa by licensed Pharmacists in filling prescriptions of practicing physicians. It is also recommended that this ordinance be amended so as to prohibit the growth and cultivation of this pl,nt and empowering the proper authorities of the City to destroy this plant wherever found in the City limits. Respectfully submitted: (Signed) W.P. Hunter, C. B. Ransone, W. M. PoEell," There being no objection, the report and recommendation are referred to the City Attorney with request tbet he prepare suitable amenmment to present covering the sale of Mariahuana Cigarettes. UNI~iNIS~BUSINW~S: None. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RF~0LUTIONS: REFUNDS AND REBATES: Request of F. E. Ferguson for ~efumd of taxes error was before Council, Mr. Einn offering the following Resolution: A RESOLUTION to refund F. E. Ferguson $3.50 for 1934 taxes error. W1~JEAS, it appears that F. E. Ferguson, 1421 has paid $3.50 for 19~ City Taxes in the tax ticket for Etta L. ~ical error in copying Ferguson, his wife, the ~.w ticket. Ordt sane e paid in paid in Harrison Avenue, Lynchburg, Va., name of Fannie Ferguscn instead of 1934 the error being occasioned by a typograph THEKEFORE, Auditor be, and he is hereby $3.$0 representin~ 1934 City BE IT RESOLVED by the Council of the City of Eoanoke that the City directed to draw warrant payable to F. E. Ferguson for Taxes paid.' in the name of Fannie Ferguson in error. BE IT ~IRTHE~ RESOL~ that said warrant be applied as payment of 19~4 taxes for Etta L. ~erguson amounting to $2.50, eliminating any penalty. ~. Winn moved to adopt the Resolution. The motion was seconded by ~r. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, NAYS: None- ...... Winn, and the President ~r. Small ...... 5. HIGHWAYS: A request for resolution approving certain projects for improvement of highways in the City of Roanoke by the Highway Department was before Council, Mr. Bear offering the following Resolution: {~4529~ A RESOLUTION approving certain projects for the improvement of highways in the City of Roanoke, and authorizing the City Manager to execute agreements in connection therewith. BE IT RESOLVED by the Council of the City of Roanoke thgt the City Manager be and he is hereby authorized to execute an agreement between the City of Roanoke, Virginia, and the Virginia Department of Highways in connection with application for Federal Funds to construct a Municipal Highway in the City of Roanoke, Virginia, in accordance with plans and specifications submitted. Mr. Bear moved to adopt the Resolution. The motion was seconded by M~. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President Mr. Small ..... 5. NAY8: None ..... 0 o DRUGS AND MEDIC~J4 APPLIANCES: Amendment to Ordinance ~4395 regulating the sale of drugs and medicinal appliances having been before Council earlier during the meeting, was again taken up in regular routine, and discussed by members of ',ounctl, Mr. Comer suggesting that perhaps a mistake was made by passing the first ~rdinance, and that it might be better to repeal the original ordinance instead of amending same. Mr. Powell vigorously opposed the adoption of the amendment and stated that he was not willing to encourage the sole of the product in Question, ~hat his feeling in the matter is the same now as when the original Ordinance was adopted, and therefore would have to vote against the amendment, that to adopt the amendment was simply encouraging the sale, and further that the merchants hod not ~bjected to the Ordinance, but on the other hand had treated it as a scrap of paper, md now have the nerve to come up here and ask to have it amended, and that if they to treat our Ordinances as the ~anted any help from him they would certainly have Law and order of th~ City. After fun ther discussion of the Question, ~rdinance for its first reading: Winn offered the following (#4530] AN ORDINANCE amending and reenacting Section #3 of an Ordinance adopted by Council on the~ ~0th day of November, 1935, entitled, "An Ordinance regulating the Sale of Appliances, Drugs and Medicinal Preparations Utility for the Prevention of Conception and/or Venereal BE IT 0RDATNED by the Council of the City of Roanoke ~rdinance adopted by the L935, No. 4395, Intended or Having Special Diseases.- that Section #3 of an Council of the City of Roanoke on the 30th day of November, entitled. "An Ordinance reg,,~ating the Sale of Appliances. Drugs .pd 297 298 Medicinal Preparations Intended or Having 8pesial Utility for the Prevention of Conception and/or Venereal Diseases," be and the 'to read u follows: "Section ~: sale druggists, spooifioally ltoonsed by the State ~such druggists are perm_ttted to sell or distribute is hereby amended and reordat~ The prohibition specified in Section 1, of Virginia ~preparations specified in Section 1, only to regularly licensed drug regularly licensed merchants; nor shall the prohibition spboified in :this 0rdinanoe, apply ~o the sale or distribution of such appliances, by medicinal preparations_,regularly licensed practioners of medicine in the normal activities; nor shall the prohibition specified in course of their professional Section 1, of this Ordinance shall not apply to whole- to the extent'that appliances, drugs and medicinal stores and Section 1, of drugs or apply to the sale of such appliances, drugs, or medicinal preparations by licensed drug stores holding license issued by the Board of Pharmacy of Virginia, under Section 1674, Code 1919, as a~ended March 18, 1924; shall it apply to re~,larly licensed merchants except where Physician's prescription are required, and only to persons more than sixteen years of age." Mr. ~iB~moved the passage of the Ordinance for its first reading. was seconded by Mr. Comer, and placed on the calendar for its first following vote: AYES: Messrs. Comer, ~inn, and the President Mr. Small ..... The motion reading by the NAYS: Messrs. Bear, and Powell. The Ordinance is laid over. MOTIONS AND MISCEL~.ANEOUS BUSINESS: PERSONAL PROPERTY TAX RETURNS: The President, Mr. Small, the Question of Personal Property Tax Returns, stating that in brought before Council conversation with the Co~ssioner of Revenue, he had been advised that the returns have been _mede at a somewhat increased rate over previous years, but he feels there are still a large number of personal property returns which have not been made, and after a check-u~ of the returns after the deadline on May 31st, that it may be that' the City could for a house to house canvass to well afford to appropriate $500.00 or $1,000.00 roun_d up delinquent personal property returns. No action was taken in the matter. PARKING- POST OFFICE BUILDING: The Question of congested parking in front of the Post Office Building was discussed, and after a number of suggestions, it was decided that the City M~Bager would try angle parking for a while to see if this would relieve the situation, with the understanding it may be necessary to go back to parallel parking. CODIFICATION OF CITY ORDINANCES: The City Clerk reported progress made on the Codification of City Ordinances turned over to him byMr. C. S. McNulty, and sugges~ ~that a Committee be appointed to confer with him before proceeding further with the .work. The question was discussed, and the President, Mr. Small, appointed Judge ~:R. C. Jackson, City Attorney, Mr. P. H. Tucker, Purchasing Agent, and L. D. J,mes, City Clerk, as a Committee to review the manuscript as now submitted, and make a written report to Council as to the proper procedure for completing the work. CIVIL AI~D POLICE JUSTICE: The City Clerk is directed to request the Civil and Police Justice to appear before Council at its special meeting for consideration of n )r the Budiet at 9:30 P. M., Thursday evening, ~ay ~0, 19~5. There bein~ no further business, Counoil adjourned to meet at ?:~0 o,olook po m., on Thursday, May ~0, 1935. APPROVED 299 30O The council of the City of · Room in the Municipal Buildi~, consideration of the Budget, 00UNOIL, SE~IAt M~TINH, Thursday, May 30, 1935. Roanoke met in Special Meeting in the Circuit Court Thursday, May 30, 1935, at 7:50 o'clock p. m., for and for conference with Wudge H. S. Birchf~eld, of the Civil and Police Court. PRESENT: Messrs. Bear, Comer, Powell, ~i~n, and the President Mr. Small --5. ABS~T: None .... 0. The President, Mr. Small, presiding. OFFICERS PRESENT: W. P. Hunter, City Manager. CIVIL AND POLICE ~USTICE: ~udge H. S. Birchfield, appeared before Council, as previously requested, and the Council wished to discuss was President, Mr. Small, stated that the first thing the question of delinquent City License offenders stating if Council was going to get the maximum result from the License Inspector,s work it seemed only natural that when violators were brought into court that some fine be imposed. Judge Birchfield assured Council that he would cooperate in the movement. The question of imposing fines on drunks brought into court, and for failure to pay same have them confined to jail for lengthy periods, thus furnishing a "boarding house" for minor violators, was discussed somewhat at length, 8~d'Council was assured the best discretion would be used in such cases. ..~tr. Bear suggested 'that the Judge give Council in writing a brief summary of the manner of handling the licanse violators, as well as other matters discussed. BUDGET: The budget was discussed the balance of the evening, item by item, Mr. Bear presenting chart showing m~scellaneous expenditures as set up in the budget, ~calling particular attention to the Stationery ~ccount, Telephone, Telegraph, In- cidentals, and others. The question of setting up these items in a control account was discussed, but no action taken. CIVIL ~ND POLICE JUSTICE: The City Clerk is directed to write the Civil and ilPolice Justice and call attention to item in monthly report under heading of '~"Violation City Dog Ordinance", showing for the years l~t and l~, there were fift ~arrests, end forty-eight dismissals, and ask that he advise what the future attitude will be ~ith reference to these violators. PENSIONS FOR CONFEDERATE SOLDIERS AND THEIR NIDO¥~S: The City Clerk is directed 'to write the Chairman of the Pension Committee and advise that the Council of the '::City of Roanoke finds it necessary to seriously consider changing the policy of ~appropriating funds for payment of pensions except in the case of confederate soldiers. ~ following day, Friday, May $1, erk At 10:15. p. m., Council adjourned to meet in regular 19~5. APPROVED session at.5:00 p. m., the President COUNCIL~ REGULAR ~.FrlNG, Friday, May ~l, 19~5. The Council of the City of Roanoke met in regular meeting in the circuit court Room in the Municipal Building, FridaY, May 51, 1955, at 5:00 o'clock p. m., the regular meeting hour. PRESENT: Messrs. Bear, Comer, Powell, Winn, and the ~'resident Mr. Small --5. ABSENT: None .... 0. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. ,~. P. Hunter, City Manager. MINUTES: It appearing that a copy of the m~nutes of the previous meeting has been furnished eaok member of Council, upon motion, duly seconded, the reading is dispensed with, and the minutes a~proved as recorded. HEARING OF CITIZENS UPON PUBLIC M~A~TERS: MOTHERS' AID: A committee from the and composed of l~rs. Clem D. Johnson and Mrs. James J. and read a report and recommendation of the Committee, Junior League headed by Mrs. B. F. Parrott, Izard, appeared before Council copy of which is filed in the office of the City Clerk, asking that the City authorize the earmarking of f-~ds appropriated to the Social Service Bureau for two cases to be administered under the I,~.others' Aid Fund, thereby enabling the amount to be matched by the State funds appropriated from the Mothers' Aid Bureau of the State Department of Public Nelfare, thus enabling the families to rehabilitate themselves and bring their children up as they deserve, the contention being that it is more economical to maintain children in their own homes than in charitable institutions. After a discussion of the question, Council recessed for Manager Hunter, conference, the President, sidered the subject rather and ~&rs. Burnett, Mr. Small, carefully, a conference with City Director of the Social Se:vice Bureau, after which stated to the Committee that council had con-~ and was prepared to say on behalf of Council ~ that there was no objection to undertaking tw~ test cases such as was being advocated, but that it was with the distinct understanding it does not create any precedent, .~ nor does Council obligate itself to continue the plan for an indefinite period, ~ stating further that the necessary provisions for earmarking the present welfare contributed by the City would be made in the interest Of obtaining a similar appro- from the State, and in doing so was going to ask the Committee to secure Arthur James, Co_mmlssioner of the State Department of Public Nelfare, and priation from Mr. present to Council at its meeting on Friday, J,~:ne ?th, the type of Resolution and action necessary to secure funds in order that the City Manager and ~Ms. Burnett might put into effect the two test cases. CHAMBER OF COMMERCE: B. F. Moomaw, Secretary of the Roanoke Chamber of Comme=c appeared befor'e Council and asked that bill of $120.00 for rent of the City Market Auditorium used by the Grand and 29th, with the if the City did not Lodge of Odd Fellows of Virgint~.a on May 2?th, Bath, stating that the reservation was made last September 1955, be remitted, understanding there would be no charge made against the organization, and remit the charge the Chamber of Commerce would have to pay the account out of its somewhat depleted funds. $01. 302 The President, Mr. Small, stated to ~r. Moomaw, that there was Just one Council wished to leave with his organization, that whenever there were conventions in Roanoke requiring the use of the City Market Auditoritua that a request for remit. ting rental charges might be more properly brought before Council beforehand, than make the arrangements as to guarantee and then come before Council asking for ~remittanoe of the charges, and suggested that the convention committee confer with · Council at a convenient date with reference to establishing some polioy for such questions, stating further that it would be within reason that expenses of oonven- tions might properly be shared by other local groups, such as hotels, merchants, .and the Chamber of Con,narcs, particularly in view of the fact that hotels and mar- chants derive the largest benefit. After further discussion of the question, I&r. comer moved that the charge against the Chamber of Comerce for use of the City Market Auditorium used by the Grand Lodge of Odd Fellows of Virginia on May 2?th, 28th, and 2~th, 1935, be waived~ and introduced the following resolution: (~4531) A RESOLUTION to waive charge against the Chamber of Commerce ~mounting to $120.00 covering rent for use of the City Market Auditorium used by the Grand Lodge of Odd Fellows of Virginia on May 27th, 28th, and 29th, 1935. BE IT RESOLVED' by the Council of the Oity of Roanoke that the charge of $120.00 covering rent for use of the City Market Auditorium used by the Grand Lodge of Odd Fellows of Virginia on ~ay 2?th, 28th, and 29th, 1935, be, and is hereby waived and the City Auditor is directed to ~ake the necessary entry cancelling said charge. Mr. Comer moved to adopt the resolution, the motion was seconded by ~r. Powell and the resolution adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn and the President Mr. Small --5. NAYS: None .... -0. PETITIONS AND COMMIE~ICATIONS: BOARD OF ZONING APPEALS: C. W. Neece appeared before Council and presented petition signed by fifteen property owners in the 1300 block on Sixth Street S. E., east on Montrose Avenue, opposing the changing of property in this section from Residence to Business District, which would permit the erection of a proposed fill- lng station and store on the Southeast corner of Sixth Street and Montrose Avenue. ~ The petition is referred to the Board of Zoning Appeals for co_n_eideration of :the application m~de by B. A. Cirole at a pre~ious meeting of Cou.~cil. i SPECIAL POLICE: A ccmnnunication from the Clover Creamery Comp,ny asking that ~.E.W. l:l~.ncheo, an employee of the Company, check the ~arious mflk routes and prevent ,the c c~pany. ~ The City Manager recommends that the appointment days. On motion of 1.~'. hrirm, seconded by .k~. Be~', the recomm~-ndation of the City Manager is concurred in by unanimous approval of the Council. CROSS-0~,R: Application f~m C. J. penn for permit to construct a cross-over !. to accommodate property at 129. Salem Avenue, S. ~., was before Council, the City be appointed as Special Police Officer to the stealing of milk as now experienced by be made for a period of ninety Manager recommending that the permit be gr-nted. !i Mr. Comer moved that the recommendation of the City Manager be concurred in, an~ offered the cros s-over. following resolution: A RESOLUTION granting a permit to G. J. Penn to construct a certain fSalem Avenue S. ~. Said cross-over to be constructed BE IT RESOL~ by the Council of the 0ity of Roanoke that a permit be, and is i hereby granted G. J. Penn to construct a cross-over to accommodate property at 129 { according to the good liking and satisfaction~ of the Oity Manager and under specifications to be furnished by him. to indemnify and persons or propertyj The said O. J. Penn by acting under this resolution agrees harmless the City of Roanoke from all claims for damages to save and maintenance of said cross-over. the resolution. The motion was seconded by tZr. Bear by the following vote: by reason of the construction Mr. Comer moved to adopt and adopted AYES: Messrs. Bear, NAYS: None .... 0. Comer, Powell, Winn, amd the President Sm-ll --5. ROANOKEGAS LIGHT C0~ANY: Application from the Roanoke Gas Light Company for permit to open street on Rorer Avenue S. W., from ~2003 to #2016 W., 300, between curb and sidewalk for purpose of laying a 4" gas main was before Council, the City ~anager recommending that the permit be granted. Mr. Powell moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4033) A RESOLUTION granting a permit to the Roanoke Gas Li'ght Company to in- tall a four inch gas main on Rorer Avenue S. W. IBE IT RESOLlrED by the Council of the City of Roanoke that a permit be, and is ~ereby granted the Roanoke Gas Light Company to install a four inch gas main in ~orer Avenue S. ?j., from ~2003 to ~2016 W. 300> feet between curb and sidewalk. Said Roanoke Gas Light COmpany by acting under this resolution agrees to tn- ~temnify and save harmless the City of Roanoke from all claims for damages to persons sr property by reason of the installation and maintenance of said gas main, and ~urther agrees to replace the streets where the same are opened under the provisions ~f the ordinances of the City of Roanoke providing for street restoration. Mr. Powell moved to adopt the Resolution. The motion was seconded by ~!zr. Bear, ~nd adopted by the following vote: AYES: Messrs. Bear, NAYS: None .... 0. Comer, Powell, ?;inn, and the President ~.~r. Small--5. CURB A~ID GUTTER: Petition from property owners on Llontrose Avenue ~th and 9th Streets, requesting the construction of Curb and Gutter uBder terms in- ~oked on other work of like nature now under progress. The petition is referred to the City Manager for investigation, and if in his ~pinion the work should be done, that pay~nents be made in advance of starting the ~ork. S. E., between REPORT OF OFFICERS: ~REPORT OF THE CITY lhANAGER: The City ~anager presented report of work ;d and expenditures for week ending May 23, 1935. The report is filed. STREET IMPR0~q~NTS: The City L{anager reported that the Virginian ~ow improving the condition of the street crossing at Franklin Road. accomplish- Railway was STREET I~ROV~I~ITS: The City Manager reported he was making investigation with ~eference to petition from property owners asking that Kirk Avenue, East, be opened md graded, and would make report at the next meeting of Council. REPORT OF C0~ITTEES: None. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAY~,~S: None. 304 INTRODUCTION AND CONSIDERATION OF ORDINANOES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: WORK RELIEF FUNDS: The President, Mr. Small, made inquiry of the City Manager as to what information had been received for allocation of funds for Federal Work ~'Reliof to the City, and was advised that bulletins received in the office of the !City Manager indicated that the City would be required to appropriate 55% of the ~total cost of any projects approved, but tlmt there was a possibility of securin~ ?funds for the construction of the Wasena Bridge if State Highway Route ~221 is :m~de a federal project. The President, ~&r. Small, stated it was his opinion that it might be to the interest of the community if representatives from Council would spend a day in Richmond and confer with Colonel Anderson, P. W. A. Engineer, and ascertain Just 'mha~the localities may expect as to allotments from the new work relief fund. After further discussion of ~he question, the President appointed City Manager W. P. Hunte~, and City Clerk L. D. James, and any member of Council who may be able to make the trip, to confer with Colonel ~knderson and secure all the information possible on the subject. E. H. A: The City iZanager brought to the attention of Council that the City Auditor had reported the funds in the regular work relief appropriation exhausted, there being a balance of $16,428.03, as of April 30th, including the $5,000.00 month. ly appropriation provided for in the budget, and heretofore paid direct to the FERA, but withheld during the months of ~.pril, May and June, and earmarked accordingly, an~ as of June 1st, the unexpended balance being $13,373.40. After a discussion of the subject, it was the unanimous opinion that the ac- counts of the City Work i'~elief should be paid, on approval of the City Manager, and t?~. Lin_B offered the follow_iBg Resolution: (#4534) A RESOLUTION authorizing the City ~uditor to draw warrants for Work Relief purposes. BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby authorized to pay, upon approval of the City L!anager, accounts for YJork Relief purposes, during the months of L,~ay and June, and report to Council prior to the close of books for the fiscal year the aggregate sum paid so that proper resolution may be approved authorizing th~ expenditure from total amount of unexpend~d appropriation in relief fund. Mr. Winn moved to adopt the Resolution. and adopted by the following vote: The motion was seconded by !~. Comer, AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. NAYS: None ---0. BUDGET: At this juncture Mr. H. E. Mayhew, City Sergeant, and ~. R. J. ;Jatson, Clerk of the Courts, were invited to confer with Council with reference to their Budget submissions. 1..'~. Mayhew requested that the matter be discussed in executive session, as did DLr. Watson, Mr. Com_~r moving that the gentlemen be heard in executive session. The motion was seconded by Mr. Wimp.., with the followi_n_g result: · ~ AYES: Messrs. Comer, Powell, and '~'inn, .... 3. NAYS: Messrs Bear and the President l~r. Small--g ~. The rresident, i~Lr Small, stated to ~essrs ~layhew and Watson, that it was the general understanding they were going to asg,. or have asked, for salary restoration. as provided under the Act, and that Council was wondering what reason might be sttributed for the position taken. }.~. Mayhew in responding stated that he had that the 7~ increase be restored to his employees for the first six month period that he was askin~ for the full that he might distribute tho addi- Mr. Watson made similar statement as to his employees, in the office of the Treasur-: the Act in order increase, and he 193~, and that the request had not been granted; salary rate as provided for in ti onal amount to his employees. stating that other employees of the City, particularly er and the Commissioner of Revenue had been granted an were taking this stand. and 1.,5. Mayhew The question was discussed at length, the President, Mr. Small inquiring if the City found it possible to restore any of the horizontal reduction of salaries and wages, if the tu~ officers would expect the amounts to apply to their employees, and that if they insisted upon restoration of salaries fixed by the Legislature for purposes of distributing among employees, that if Council found it possible to restore any percentage of the reduction to city employees, that the employees of the City Sergeant and the Clerk of the Court would be eliminated if the officials insisted on standing on their prerpgative. In the end 1,Lt. Watson and Air. Mayhew stated that if the City found it possible to restore wage and salary reductions, then they would be willing to conform to restoration of other departments. It was decided when the budget was put in final shape that there would be another discussion with reference to the question. BUDGET-COI~,iONWEALTH ATTORNEY' S OFFICE: The President, l..~r. Small, offered a motion to strike from the budget, under item #23 the amount of $2,400.00, shown as salary for Assistant Commonwealth Attorney. The motion was seconded by l.lr. Winn, and the amount stricken from the budget by the following vote: AYES: l,lessrs. Bear, Powell, Winn, and the President l.:r. Small --4. NAYS: Mr. Comer---1. There being no further business, Council adjourned to meet at 3:00 o,clock p. m., on Friday, June 7, 1935, for further discussion of the Budget. APPROVED Cie Pre s ident 305 ;;306 COUN¢ iL, Friday, REGULAR MEETING, June ?, 19~5. The Council of the City of Roanoke met in regular meeting following a special :meeting called for 2:00 o,clock p. m., for consideration of the Budget, in the Cir- icuit Court Room in the Municipal Building, Friday, June ?, 1955, at 3:00 o'clock p. me, the regular meeting hour. PRESEHT: Messrs. Bear, Comer, Powell, Winn, and the President ~!~r. Small --5. ABSENT: None ..... 0. The President, ~. Small, presiding. OFFICERS PRES~T: W. P. Hunter, City Manager. BUDGET: CITY _AUDITOR: At the request of Council, City Auditor, H. R. Yates appeared before Council, and gave explanation for necessity of miscellaneous items requested in Budget for the Auditor's office, particularly with reference to stationery and office equipment. CITY TREASURER: At the request of Council, City Treasurer C. R. Kennett appee~ before Council with reference to budget request for the fiscal year beginning July l, 1935, particularly with reference to request for additional Cash Register and additional Analysis Machine. The Treasure~ stated that the submission was not his request, but a suggestion of the Auditor's office, and that he ~';as personally opposed to the present method of receiving cash and the distribution thereof in his office. After a further discussion of the question, the President, Mr. Small, appoint e~ a committee to look into the question of necessity for the machines, and report back to Council. The committee appointed is composed of Messrs. Powell, Bear, 'Jame~ and Yates. ?~NUTES: It appearing that a copy of the m~nutes of the previous meeting has been furnished each member of Council, upon motion, duly seconded, the readi.ng is dispensed with, and the minutes approved as recorded. HEARING OF CITIZenS UPON P'JBLIC MATTERS: MOTHERS' .AID: M~s. B. Parrott, a member of the committee from the Junior League, appeared before Council and presented letter from W. L. Painter, Acting Director Mothers' Aid Bureau, suggesting that Council adopt no resolution to carry into effect the Mothers' Aid program until after it has been decided who is to ad- minister the fund locally and grants have been approved by the State Department. The offerinlg of any resolution is ~. that the minute of meeting of May 31, 'funds for two test cases until revoked, local agency -nd the h eld in ab eyanc e, 1935,~ authorizing it being the understanding the City Manager to earmark would be sufficient until further action. for the Roanoke association, DRUGS AND M~ICINAL APPLIANCES: ~Lr. John W. ,Wright, Attorney, Coun.ty Retail I~ug Assooiation, together with a committee from the appeared before Council and presented information and s~atistical data i~ oppositiol ~o proposed amendment liberalizing the sale of drugs and medicirml appliances, aml. filed with the City Clerk opinion of the United States Circuit Court of Appeals, ~d a~ in support of the argument. D. R. Armentrout and Roy CrOuch also spoke briefly in opposition of the proposed amendment, as did ~ohn Po Mundy in support of the ~unendm~nt. At the conclusion of the evidence presented, the President, Mr. ~nall, stated the ~atter would be reached at the proper place on the calendar. STREET OPENING-KIRK AVh$IUE: H. L. Lawson, Sr., appeared before .Council in support of petition previously presented for the grading and opening of Kirk Avenue, begiraxing at 8th Street S. E., and extending westward to a point approximately 400 feest west of ?th Street s. E. The City Manager presented drawing showing encroach- ments as now exist on Kirk Avenue, and presented figures showing estimated cost of grading for the entire Avenue as $5,000.00, and $2,880.00 for grading the section as petitioned, and recommends that the owners of the property now encroaching Kirk Avenue be given one or two years to rm~ove the obstructions. MURRAY A. Foster, Attorney for the Ideal Laundry, appeared in the interest of his client, objecting to the opening of the Avenue, which would necessitate the removal of the encroachments.. After further discussion, the President, .tLr. Small, appointed a committee ~omposed of Messrs. W. P. Hunter, H. S. Winn, Jas. A. Bear, and C. L. Wa.tkins, to hold public hearing in the mstter, and to report to Council its recommendation. CLOSING ALLEY: Richard Alouf appeared before Council asking that dead-end alley ~etween 527 and 529 Campbell Avenue be closed. The request is referred to the City ~anager for investigation and report to Council at its next meeting. PETITIONS ~'dqD C 04~.~UNICATIONS: GOODWILL INDUSTRY ~D GOSPEL MISSION: A communication of thanks and appreciation 'rom R. A. Lapsley, Jr., President of the Board, was before Council. The letter is filed. REFUNDS ~'J~D Bk~BATES: A communication from the Commissioner of Revenue with reference to claim of Andrews-Jarrett Brokerage Company for refund of overpaymen~ of license taxes paid was before Council, the Commissioner advising that the dtf- £ereace would be taken care of by collecting $2.50 plus 50¢ city charge for the last ~alf of 1935 license, $4?.50 having already been paid. It was moved, seconded, and mantmously approved that this procedure be follow, ed, and the City Clerk directed to ~dvise the Andrews-Jarrett Brokerage Company accordingly. OVERDRAFT-ROANOKE PUBLIC LIBRARY: A communication from Mr. J. ¥;. Hancock, '~resident of the Roanoke Public Library, with reference to overdraft in the Book ~ccount of the Roanoke Public Library was before Council, Mr. Hancock setting forth ~easons for the account having been overdrawn, but assuring Co~:_n_ctl that the Libraryl ~ould stay within the total appropriation previously made an.d carried in the Budget, ~ut that it wGuld be difficult at this time to give accurately the amount which will >e unextended on June 30, 1935, in the ~ill be made after that date. After further discussion of the question, Mr. Bear offered Resolution: ~he proprtation as carried in the Budget. various accounts, but that proper tran-~fers the following '(#4535) A RESOLUTION authorizing the City Auditor to make such adjustments in ~ ~_eparate items of the Library Account as may be necessary, not to exceed the total Library Account ?,~[EREAS, it appears that certain items in the Roanoke Public have been overdrawn, but the President of the Library Board has given assurance that~ the total amoun~ appropriated to the Library Account will not be exceeded as of June 30, 1935, and has asked that necessary adjustments be made at that time. THEBw~ORE, BE IT RESOLVED by the Council of Auditor be, and he is hereby directed at the end of the fiscal period, ~une · 1955, to make such adjustments in the separate accounts as may be necessary, the understanding that the not be ex~ee(led. the City of Roanoke that the SO, with total appropriation to the Roanoke Public Library will BE IT FURT~ in the Budget must RESOLVED, that effective July 1st be adhere~ to as classified. the separate items as shown ~/r. Bear moved the adoption of the Resolution. Wtnn, and adopted by the following vote: The motion was seconded by Mr. AYES: Messrs. Bear, Comer, NAYS- None ....... 0 Powell, Winn, and the President Mr. Small ...... 5. CHAMBER OF COMMERCE: A communication from the Roanoke Chamber of Commerce expressing restricting advertising purposes; and asking that of Improving the method of cleaning thanks and appreciation for Council,s action in adopting Ordinances the posting of hand bills on automobiles and use of loud speakers for sidewalks in the downtown section. Council continue consideration of some plan The communi- cation is filed. MERCHANTS' PROTECTIVE ASSOCIATION: A ccmmunication from the Merchants, Protec- tive Association expressing the thanks of the Directors and members of the Associa- tion for Council,s action in adopting Ordinances restricting the posting of hand bills and use of loud speakers for advertising purposes, was before Council. The communication is filed. PENSIONS-CONFEDERATE: A communication from 1&rs. T. T. Parrish, Acting Chairmen of the Board on Pensions for Confederate soldiers and their widows, was before Council. The Clerk is directed to ask that Mrs Parrish furnish Council with statement showing names of the eighty-five now carried on the roll, together with addresses, ages, separated as between widows and Confederate soldiers; and in the case of widows, when married to the Confederate soldier. BOARD OF ZONING APPEALS:- A report frem the Board of Zoning Appeals, recommendin that~ no change be made in the p~operty designated as Lot l, Block l, Circle Addttion~ at the corner of Montrose Avenue and Sixth Street S. E., a request having been pre- viously made by B. A. Circle to change this property from Residence to Business District. Mr. Comer moved that the recommendation of the Board of Zoning Appeals be con- turfed in, and that the City Clerk be directed to so advise Mr Circle, and also the ' person whose name first appears on the petition opposing the change previously pre- sented to Council. The motion was seconded by Mr. Winn, aBd unanimously adopted. TAXES-NORFOLKAND WESTERN RAILWAY COMPANY: A communication from 1~. J. C. Cook Come, troller of the Norfolk amd Western Railway Company, asking if it would be saris' ~factory for the Railway Company to. pay the 1935 real estate taxes to the City of ~Roanoke :3% discount, as provided for adoption of the 0rdinamce. on or before July 5, 1955, thereby taking advantage of the deduction of the in Ordinance ~4093, and as has been done since the The City Clerk is directed to advise Mr. Cook to handle the matter with the City Treasurer, advising btm of the previous practice. REPORTS OF OFFICERS: REPORT OF THE CITY M~AGER: The City Manager ed, and expenditures for week ending May gO, 19g~. presented report of work accomplis: The report is filed. REPORT OF COMMITTEES: None. UNFINISHED BUSINESS: None. CONSIDERATION OF CLA]ZL~: None. INTRODUCTION At,ID CONSIDERATION OF ORDINANCES AND RESOLUTIONS: REFUNDS AND REBATES: The City Treasurer requests that 60¢ for overcharge of interest be refunded Miss L. Blanche Palmer, Mr. Powell offering the following Re- solution: (#45~6} A RESOLUTION to refund Miss L. Blanche Palmer 60¢ for overcharge of interest on 1933 real estate taxes. ( For full text of Resolution see ~rdinance Book Ho. 8, page _~,_~_~ ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by Comer, and adopted by the following vote: AYES: ~,iessrs. Bear, Comer, Powell, Winn, and the President i.~r. Small --5. NAYS: None .... 0. REFUNDS ~ID REBATES-LNSUR~a~CE: The question of refunding ~.ir. Ernest B. Fishburn '$6.35 for pro-rata part of insurance policy premium on property deeded to the City of Roanoke by Blair J. Fishburn, k~. Winn offering the following Resolution to make the refund: (~45~?) A RESOLUTION to refund Ernest B. Fishburn $6.35, for pro-rata part of insurance policy premium on property deeded to the City of Roanoke by Blair J. Fishburn. i ~tEREAS, the Honorable Blair J. Fishburn has deeded to the City of Roanoke Certain property located in the County of Roanoke formerly belonging to Ernest B. Fishburn, and building on said property was insured in the. name of Ernest B. Fishbur~, from June 23, 1934, to June P~3, 1937, and transferred to the City of Roanoke as of &pril 27, 1935. THEREFORE, BE IT RESOLVED by the Co::ncil of the City of Roanoke that the ~uditor ~e, and he is hereby directed to draw warrant in favor of Ernest B. Fishburn for ~6.35 covering refund of insurance paid from April 27, 1935, to June 23, 1937. BE IT FURTHER RESOLVED that $6.35 is hereby appropriated from the General Fund covering amount of said warrant. ~. Winn moved to adopt the Resolution· and adopted by the following vote: The motion ~as seconded by ~r. Pow ell, AYES: Messrs. Bear, NAYS: None ...... O. Oomer, Powel 1, Winn, and the President ~r. Small--5. REFLU~,~DS jd~lD R.~B~T~o: An order from the Hustings Court in the case of Dr. J. E. ~ohn vs. U. J. Austin, Acting Civil and Police Justice, directing that ~.;. J. Austin ;efund $~.95 was before Council. Mr. Winn offered the following Resolution: (#4538) A RESOLUTION to refund U. J. Austin $~.95 covering refund of cost paid ~n case of Dr. J. E. John vs. W. J. Austin, Acting Civil and Police Justice of the :ity of Roanoke. ¥~EREAS, by order of the Hustings Court of the City of Roanoke dated ~arch 26, 935, W. J. Austin is directed to refund costs in the case of Dr. J E John ¥S I'. J. Austin, Acting Civil and Police Justice of the City of Roanoke, said costs ~eing $4.95, and attorney for Dr. J. E. John on April l, 1935, received said refund ~rom W. J. Austin. THEREFORE, BE IT RESbLVED by the Council of the City of Roanoke that the City Auditor be, and he is hereby directed to draw warrant in favor of W. J. Austin for ~4.95 covering refund in case of Dr. J. E. John vs W. J. Austin, Acting Civil and -309 310 Police Justice of the City of Roanoke. Mr. ~linn moved to adopt the resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, NAYS: None ..... 0. NARCOTICS: Judge R. C. Jackson, at The motion was seconded by LM. Powell Winn, and tl~ President ~tr. Small --5. the request of Council, presented draft of Amendment to Ordinance No. 4460 to prevent the cultivation and growth within the iimits of the City of Roanoke; ~r. Powell offering the following Ordinance for its first reading: (~4539) AN ORDINANCE to amend and to reordatn an Ordinance on the 1st, day of V. arch, 1935, No. 4460, entitled, adopted by Council "An Ordinance to prevent the purchase, possession, sale, delivery, distribution, transportation, donation of dru~ known as derivative of the plant Cannabis Sativa L. and every salt derivative, mix- ture or preparation thereof, and to provide punishment therefor.." B'HEREAS, it is necessary for the public health, peace, safety, morals and the general welfare of the City of Roanoke and the inhabitants thereof, an emergency is hereby declared to exist and this ordinance shall take effect from and after its passage. BE IT OKDAINED by the Council of the City of Roanoke that an ordinance adopted by Council on the 1st day of March, 1935, No. 4460, entitled, "An Ordinance to pre- vent the purchase, possession, sale, delivery, distribution, transportation, donatic of drug kBo~n as derivatives of the plant Cannabis Sativa L. and every salt deriva- " be and tive, mixture or preparation thereof, and to provide punishment therefor, , the same is hereby amended and reordained~to read as follows: It shall be unlawful for any person or persons, firm or corporation to purchase possess, sell, deliver, distribute, give a~ay, exchange or have under his or her control any ,cannabis, which includes the following substances under whatever name they may be designated: (a) Nariahuana cigarette~, or the dried flowering or fruiting tops or other parts of the pistillate or staminate plan~ cannabis sattva (L) or any other! variety of cannabis from which the resin (cannabine) or other active principles have not been extracted. (.b~ The resin or other active principles extracted from such tops or other parts of the pl~ts. (c~ Every compound, manufacture, salt, derivative, m~xture or preparation.of such resin or other active principles or of such tops or parts from which the resin and active principles have not been extracted. Ail varieties of cannabis and mariahu,~a (when not used in accordance with a physician's directions) are hereby declared dangerous, detrimental to health and a nuissnce, and their cultivation or growth within the limits of the City of Roanoke is hereby declared unlawful and prohibited and the City Manager is hereby authorized and directed to have said plants destroyed, either by the owners thereof or by the proper city officers or employees, wherever these plants may be found within the City of Roanoke. However, nothing in this ordinance shall be construed as applying to licensed growers, licensed manufacturers of drugs and medicinal supplies, licensed whole- salers of drugs, owners of licensed phazmm, cies, licensed hospitals or other licensed institutions for the care of the sick under the supervision of a licensed physician. or to licensed physicians, dentists and veterinarians who are registered, licensed and authorized to practice their professions under the laws of the State ~f Virginia when cannabis (and similar plants) or the parts, preparations and compounds thereof are grown, possessed, purchased, sold, delivered, distributed, transported or pre- scribed for medicinal purposes. PENALTY: Any person or persons violating any of the provisions of this ordinance shall, upon conviction, be punished, for each offense, by a fine not exceeding Five Hundred Dollars ($500.00} or by imprisonment in Jail not exceeding Twelve (12] Months, or by both such fine and imprisonment, in the discretion of the court. .Mr. Powell moved the passage of the trdinance for its first reading. The motion was seconded by Mr. Comer and unanimously passed for its first reading. Mr. Bear suggesting he would probably offer an amenument for the penalty before the final reading, the thought being that the fine of $500.00, or imprisonment in jail of Twelve months was excessive. The Ordinance is laid over. DRUGS AND MEDICINAL APPLIANCES: The following ordinance having been introduced, read and laid over, and previously discussed during this meeting, vies taken up and again read: ($4530) AN ORDINANCE amending and reenacting Section ~3 of an Ordinance adopted by the Council on the 30th, day of November, 1934, entitled, "An Ordinance regulating the sale of Appliances, Drugs and Liedicinal Preparations Intended or Having Special Utility for the Prevention of Conception and/or Venereal Diseases." ~ir. ~iinn moved to adopt the Ordinance. The motion was seconded by ~.~!r. Comer. M.r. Comer offered the following amend~nent to proposed Ordinance No. 4530; Section 3: The prohibition specified in ~ection l, shall not apply to whole- sale druggists, specifically, licensed by the State of Virginia to the extent that such druggists are permitted to sell-or distribute appliances, drugs and medicinal prep~rations specified in ~ection l, ("but only such as conspicuously bear the i~dentification of the manufacturer thereo.n, or on the retail container thereof-) etc. etc. L~. Comer moved the adoption of the amendment, the motion ~as seconded by Mr. Winn and adopted by the following vote: AYES: Messrs. Comer, Winn, ~nd the President l,J~r. Small ..... 3. NAYS: Messrs. Bear and Powell .......................... 2. (#4530~ AN ORDINANCE amending and reenacting Section #3 of an Ordinance adopted by the Council on the 30th day of November, 1934, entitled, "An Ordinance regulating the Sale of Appliances, Drugs and Medicinal Preparations intended or Having Special Utility for the Prevention of Conception and/or Venereal Diseases." BE IT ORDAINED by the Council of the City of Roanoke that Section #3 of an Ordinance adopted by the Council of the City of Roanoke on the 30th day of November, 193&, No. 439~, entitled, "An Ordinance regulating the Sale of Appliances, Drugs and Medicinal Preparations intended or Having Special Utility for the Preventio~ "be and the same is hereby amended and of Conception and/or Venereal Diseases, , reordained to read as follows: Section 3: The prohibition specified in Section l, shall not apply to whole- sale druggists, specifically licensed by the State of Virginia to the extent that such druggists are pe~tted to sell or distribute appliances, drugs and medicinal preparations specified in Section 1, (but onlY__s_u_ch as conspicuous_l~ be. ar the ~identification of the manufacturer thereon, or on the retail container there, o~f)" only to regularly licensed.drug stores and regularly licensed merchants; nor shall the prohibition specified in Section 1, of this Ordinance, apply to the sale or 311 312 such a~plianoes, drugs or medicinal pre]~arations by regularly lioem dAstribution of e~ practioners of medicine in the normal course of their professional activities; nor shall the proMbition speoifie~ in Section 1, of this Ordinance apply to the li cense~ drug stores under Section Code 1919, as amended March 18, 1924; nor shall it apply to regularly licensed sale of such appliances, drugs, or medicinal preparations by holding license issued by the Board of Pharmacy of Virginia, are required, and only to persons adopted by the following vote: merchants except where Physician,s prescriptions more than sixteen years of age." The above ordinance as amended was Messrs. Comer, ~inn, and the President Mr. Small--5. Messrs. Rear and Powell ........................... 2. AYES: NAYS: MOTIONS AND MISCELLANEOUS BUSINESS: REFUNDS AND R~ATES-TAXES: C. W. Brammer, of Radford, together with City Treasurer Kennett .appeared before Council with reference to an error in'payment of real estate taxes for the year 1928, it being stated that Mr. Brammer.had paid taxes amounting to $3?.50 on a lot in Belmont, in 1928, which he recently learned was not his property, and that while he has paid his taxes annually, he has now been advised that his property has been returned delinquent for the year 1928. Mr. Brammer asked that a refund be authorized for return of excess taxes paid in error, and that the property be stricken from the delinquent list. The question is referred to the Delinquent Tax Collector for investigation and recommendat ion. CITY TREASURER: the month of May 1935, The City Treasurer presented report of tax collections for showing collections of $53,851.15 as compared with for same month of 1934 of $60,980.03. (For detail see report filed in office of City Clerk). OLD LICK C~.'JETERY: ~.atr. Bear brought before Council the question of colosing the colored cemetery in Northeast Section of Roanoke, known as 01d Lick Cemetery, and offered the following Ordinance for its first reading, the same being seconded by ktr. Vjinn, and passed by unanimous vote: (#4540) AN ORDINANCE to prohibit any further burying in the colored cemetery in Northeast Roanoke, k~own as 01d Lick Cemetery. WHE~, heretofore a certain tract or parcel of land in the northeast section of the City of Roanoke, Virginia, ~'Jas set aside as a free burial ground for colored persons of the City of Roanoke; and ~R~, practically all of the available space in said burial gro,,nd has been buried in; and ~F.~S, no record has been kept by anyone to show the location of each grave or record of who is buried in said cemetery and the colored public generally have been permitted to bury wherever they pleased; and WP~, it has come to the attention of the Council of the City of Roanoke that graves have been opened at places where persons have already been buried, and it has also come to the attention of the Counbil of the City of Roanoke that person,. have been ~uried in the Cemetery in very shallow graves, by reason of the fact that the ground is very rocky, the land being to a certain extent underlaid with l~t~me- stone, which makes it impossible to get a deep grave.without blasting, which has caused a condition which would be a menace to public health; BE IT TH~0RE ORDAINED by the Council of the City of Roanoke that said 01d Lick Cemetery be closed, so far as any future buryings are concerned, and the public co!lectio~s from this Gemetery, 'Virginia. The Ordinance Officer Ransone for further and action. FERA: Jane Mace, time on is prohibited from opening -ny further graves in the 01d Lick or burying any person in the 01d Lick Cemetery in the City of Roanoke, is laid over, and referred to City Manager Hu__n_ter and City Health repor~ and recommendation before final consideration Mr. T. C. Rohrbaugh, FERA Area Administrator, together with Miss Ils appeared before Council and asked for an appropriation of $25.00 per space used by the VERA at the Y. 1~. C. A. for month until September 1st to pay for sewing classes and other purRoses. Following a discussion of the question, Council recessed,, after which the President, Mr. Small, stated it was Council,s suggestion that ~Lr. Rohrbaugh and City ~tanager Hunter confer with school authorities and ascertain if there was available space in the school annex, known as the School Administration Building, and if it was found there was not available space there, that Council would probably appropriate the $25.00 monthly until September a temporary proposition. WORK RELIEF: with Col. James A. 1st, as requested, however only as City Manager Hunter reported that he had made an appointment Anderson, State PWA director for Tuesday morning, June llth, at 10:30 A. M., and that he and City Clerk L. D. James, would leave Roanoke Monday afternoon to attend the conferences, and asked if any member of Council cared to make the trip. There was no indication that any member would attend. PARKS AND PLAYGROUNDS: The City Manager reported that ten men were at work in Fishburn Park p~nding the approval of a VERA project requested. C0~L FOR SCHOOL BOARD: The President, ~&r. Small, brought before Council a request of the Roanoke Coal Company for permission to weigh in coal on its own scales by the City Weigh Master for coal for the City Schools. The City Manager is requested to investigate the feasibility of the request. SIDEWALKS: Mr. Bear brought before Council the question of repaving sidewalk on Henry Street between Church and Kirk Avenues. He was advised this could be done if the property owners would pay for the cost of the concrete. ROANOKE STREET RAILWAY COMP~Y: The City Manager brought before Council a request from the Roanoke Street Railway Company for repav, ing Campbell Avenue between Jefferson and Second Street S. W., Eith concrete instead of brick as provided for in Ordinance,. it being understood that in order to permit this change the Ordinance would have to be amended. No action was taken in the matter. There being no further business, Council adjourned to meet at ?:30 o'clock p. m., Monday, June 10, 1935, for further consideration of the budget. ATT APPROVED 313 $14 COUNCIL, REGULAR MEETING, Friday, June 14, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, following a special meeting called for 2:30 o,clock p. m., for public hearing on Question of amending the Zoning 0~dinan~e, and opening Friday, June 14, sealed bids for auditing the accounts of the Roanoke School Board, 1935, at 3:00 O,clock p. m., the regular meeting hour. PRES~T: Liessrs. Bear, Comer, Powell, Winn, and the ~.resident Mr. Small --5. ABSE~.~: None ..... 0. The President, !.~r. Small, presiding. 0FFIC~RS PRES~!T: W. P. Hunter, City L~anager. stated that the early meeting of Cou ZONING 0RDIN-Ai~ICE: The ~'resident, ~. Small, oil waB called for 2:30 p. m., was for the purpose of holding public hearing on the Question of amending the Zoning Ordinance for Blocks Nos. 2 and 3, Roanoke Land & Improvement Company, on the south side of Wise Avenue, to change same from General Residence to Light Industrial District, as petitioned by the Dixie Finance & Loan Co~oration, and as per advertisement appearing in the Roanoke World-News of May 30, 193~, it being the recommendation of the Board of Zoning Appeals that "unless the majority of the property owners object to such proposed change" that the request be granted. One resident, !~. Roberts, appeared in opposition to the change, it being his understanding that it was contemplated that a filling station would be erected on the lot in question, but when informed by the property owner that this was not the facts in the case, withdrew his objection. After further discussion of the question, L~. Comer moved that the recommenda- tion of the Board of Zoning Appeals be concurred in to ~end the Zoning Ordinance, changing said property from General Residence to Light industrial District, the proper amendment to be introduced at the proper order of business during the meeting The motion was seconded by L~. Winn, and unanimously adopted. .~b~DITS SCHOOL BOARD ACC0b~_~TS: Invitation for sealed bids for auditing the ac- counts of the Roanoke City School Board having been previously extended to eight accountant firms, said bids to be opened at 2:30 p. m., on the 14th, day of June, 1935, and the ~ate and hour now having arrived, the Clerk is instructed to proceed ~ith the opening of the'bids, which are tabulated as follows: Name Accountant Senior Junior In Charge_ Accountants Accountants Maximum A. H. Een_nett & Company Leslie A. K_~_mble & CompsBy T. ColemaB Andrews & Company Crawford, Stull & Company ~. ~d. Pullen & Company Ernst & Ern.st A~ Lee Rawlings & Company C. ~.~ Brown & Company $ 30.00 $ 15.00 25.00 25.00 25.00 25.00 25.00 20.00 lO.0O $65o.oo 15.00 637.50 15.00 900.00 6OO.O0 15.00 ~ exp. 15.00 " "1,500.00 15.00 no" 15.00 After a recess by Council, i.J~. Comer moved that the bid of Leslie A. Kimble & Company be accepted, it being understood that separate reports are to be rendered for the fiscal years 1934 and 1935, and that the reports be to the good liking of the Auditor of Public Accounts and in accordance with specifications furnished e~d subject to his final approval, for a maximum cost of $637.50 for the two year period with the further understanding should the total cost be less than the maximum figure named, that the per dism rate of $25.00 for senior accountants and $15.00 for assistants would apply, and that the proper resolution be prepared and offered in the regular order of business. The motion was seconded by ~r. Powell, an~ unanimou~ adopted. MINUTES: It appearing that a copy of the minutes of'the previous meeting has ~ been furnished each member of Council, upon motion, duly seconded, the reading is ' dispensed with, and the minutes approved as recorded. HEA~ING OF CITIZENS UPON PUBLIC ~,~ATTERS: CHf~:!BER OF C~,~RCE: Mr. B. F. Moomaw, Secretary of the Roanoke Chamber of Commerce, together with ~,~r. J. B. Baskerville, President of the Chamber, and '~;. J. McCorkindale, Chairman of the Convention Committee, appeared before Council with reference to adopting policy for bearin~ expenses of Conventions invited to visit Roanoke. Mr. Moomaw explained in detail the method followed by the Chamber in the ~ past, and the infrequent requests made on the City for remittance of charges for rent of the City L~arket Auditorium, a~d it was the desire of the Committee to work out some satisfactory plan whereby there would be a mutual understanding between the City and the Chamber of Commerce. The ~resident, L~r. S~all, stated on behalf of Council that the City is inter- ested and anxious to do its part to ma~e Hoano~e a Convention City, and that Council has every desire ~o cooperate to this end, but there is no appropriation carried in the budget for the purpose of paying rent of auditoriums, and it is doubtful an ap- propriation can be made for convention purposes, and in order that there might be a mutual understanding suggests that the Chamber of Commerce include City i.~anager Hunter as a merber of the Convention CoB~mittee so that Council might have some prior kno~!edge just what the City may be expected to do. In the end, the Secretary stated that the Chamber of Commerce will be very glad to have i,L.r. Hunter on the Convention Committee, and that it ~ill not require much of his time as that Committee does not meet frequently. ~0NING: Rev. Ramon N. Redford, of the Belmont Christian Church, Corner llth ~Street and Jamison Avenue, appeared before Council and presented petition asking that property owned by the Belmont Christian Church on the southeast corner of Jameson Avenue and llth Street S. E., be changed from residence property to business property in order that his church might proceed with the building of a ne~ church auditorium now contemplated, and which was being held up due to the refusal of the ly Building Inspector to issue permit for same, the bui!di~g committee being unaware that the restrictions existed until after plans and specifications htad been dra~n. The request and petition are referred to the Board of Zoning APpeals for prompt' investigation and recommendation. CLOSING ALLEY: Richard Alouf again appeared before Council asking that dead-end alley between 527 and 529 Campbell Avenue be closed, enabling his clients to con- struct garage costing approximately $30,000.00. The City Manager presented drawing of the alley in question showing adjoining property and set-back line of six feet as required by Ordinance. The City Clerk is directed to advise ~&r. Alouf of the necessary legal procedure to follow for bringing the matter properly before Council for consideration, and to notify other property owners in the locality of the request made. STREET ;~IDEMING: D. P. Ferguson appeared before Council and asked that street through Gra_ndin Court be straightened and widened to connect up ~ith U. S. Route 221~ The City I~.!anager stated that this project had been before Co,;~cil on previous cc- i ,~sion~ but no aotion had been t~en as a result of the neoosstt¥ of aoquiring rtght~ ~f-way for the improvement asked for. :i .315 3'16 The request is referred to the City Manager for review, investigation, and estimate as to cost to the Oity by using Federal Aid funds. OLD LXCK C~IgETERY: ¢. C. Williams, colored undertaker, together vith committee of colored citizens, appeared before Oo~ncil in opposition to closing Old Lick Cemetery for further burials. The delegation was advised that the question had been referred at a previous meeting to the City Manager for investigation and report, but as yet the report had not been received by Council, but as soon as same is sub- mitred by the City Manager, at the next meeting on Friday June 51st, the committee would be given an opportunity to be heard further on the subject. NARCOTICS-Lt~RIHUANA CIGARETTS: R. C. Johnson, Chief of the Identification Bureau of the Police Marihuana Cigarette, Department, brought before Council a former addict of the together with specimens of the Marihuana plant. Mr. Johnson and the former addict explained in detail the effects of the use of the weed, end told of some of the places it had been growing and cultivated within the city limit~ PETITIONS :~ND C0..k~CiCATIONS: SE~'~R ASSES~.~ENTS-REFUND: A communication from J. C. Martin asking for cancell~ tion of interest on sewer assessment for Lot 18, Section 26, Deanwood Terrace, pay- ment of which was omitted through no fault of the property owner. The question is referred to the City Clerk for investigation, and if the contention of ~r. Martin is found correct, to remit the interest charge if the assessment is paid within fifteen days. STREET ~.~HOV~.~T: A petition signed by Fred E. Willman _s~d twenty-one other property owners in South Roanoke, asking for permanent improvement of Second Street between Carolina and Wycliff Avenues and the alley-way between the two streets, was before Council. The petition is referred to the City Manager for report, and to notify the property owners the city, s policy of constructing curb and gutter, by the property owners bearing a portion of the expense, the pern~znent street to be contemplated upon the construction of the curb and gutter. KIND W0._~DS-I00F OF VIRGII'~A: A communication fr_~m the Grand Lodge of Virginia, I. 0. 0. F., expressing appreciation and thanks to Council for making the recent convention in Roanoke a success, was before Council. The communication is filed. ROANOKE PUBLIC LIBRARY: A communication from .Mr. the Roanoke Public Library, acknowledging receipt of, J. W. Hancock, President of a~d assuring Council the Library would live within the Budget appropriation, was before Council. The corn- munication is filed. MERC~S' LICENSE: A communication from l~r. James F. Hughes, of Moore and ~:Hughes, filling station operators at 1601 South Jefferson Street, asking for trans- .! :'fer of license issued James and Jones, the previous operators of the station, was before Council. The Clerk is directed to advise Mr. Hughes of the requirements of the Ordinance covering Lierchants' License in which it is specified that licenses are not transferable, and refer the matter to the Commissioner of Revenue. SCHOOL BOARD: A communication from J. S. McDonald, Clerk of the Roanoke City [School Board, calling attention to a $5,000.00 discrepancy as shown by the accounts ~of the School Noard and the City Auditor's office, the difference being occasioned !by the amount having been deducted twice fr~a the budget request. The matter is :laid over without any action. foot Council. The request is referred to CROSS-OVER: Application of Mrs. to accommodate property at plication is referred to REPORT OF OFFICERS: REPOHT OF THE CITY I,!ANAGER: The City l.~anager ed and expenditures for week ending POLICE RADIO: The City ~'~mnager Age 27, for work in connection with CROSS-OVER: A~plioation from S. I. Wigmore for permit to construct a thirty cross-over to accommodate property at 33 East Tazewell Avenue S. E., was before.. as of June 13, 1935. the City ~'~nager for investigation and report. Mary Akers for permit to construct a cross-over 202 Walnut Avenue, S. E., was before Council. the City Manager for report and recommendation. The ap- presented report of work accomplish- Ju~e 6, 1935. The report is filed. reported the employment of H. L. Woodson, gr., installation and assignment as radio operator, HF~kLTH DEPARTMENT: The re!~rt submitted by the Health May 1935, ~'~as before Council. The report is filed. Department for month of CITY ATT oM~. O,,,,~Z . C0!i~ENSATION BOARD: A report from the City Attorney with reference to certain supplies and equipment for the office of Commissioner of Revenue, a portion of the ~ost of which has been refused by the Compensation Board, was before Council, the City Attorney advising Council that the test case was recently heard in the Hustings Court of the City of Richmond, the decision being in favor of the Compensation Board, ~nd recommended that the matter be closed so far as Roanoke is concerned. TAXES-SEGREGATION OF TANGIBLE PROPERTY: The City Attorney in a written communi- ~ation advised Co~Bcil that the test case questioning the State,s authority under ~he segregation provision of the Constitution to tax certain tangible property as ~api'tal which was to be prepared and presented to the proper court in Richmond by ~ity Attorney Sebrell of Norfolk, had not as yet been done. The Clerk is directed ~o request the City Attorney to make further inquiry into the question, and report ~ack to Council. REPORT OF COM~tTTEE: PWAFUNDS: City Manager Hunter and City Clerk James appointed as a committee to ~isit Richmond and ascertain status of securing Federal Aid Funds, made the follow- Lng report: "On Tuesday, Ju~e 11, 1935, as previously directed by Council, your committee visited the City of Richmond and called on Col. James A. Anderson, Acting Director of the State Public Works Administration; Adjutant General Gardner S. Waller, and C. S. Mullins, Chief Engineer of the Virginia State Highway Department, with the folloi~ng results: "BRIDGES AND BUILDINGS: In conference with Colonel Anderson, he was of the definite opinion that any money received under PWA grants would not exceed 45% of the total amoun~ of the .project, leaving 55% for t~ City to raise, in addition to any cost which may accrue for right-of-way or land. An interest rate for loans of 4% bes been ~i~ed by the Government, it being the thought that this interest rate would encourage applicants to raise the 55% of funds required for projects other than selling the bonds to the administration. "The administration will accept applications for.. grants only, and if such applications are approved it will be understood that at least 9(P/~ of all persons working on the project shall be taken from the public relief rolls. "AE,[0RIES: In conference with General Waller, he informed Us that while plans for armories at this time were only tantative, Mr. H. L. Hopkins had indicated the Federal Government would in all probability assist in financing the build- lng of Armories for the various localities and according to the latest advice this would be on the basis of placing men how on relief rolls, allowing for each person so employed a total amount of Si,100.00 per year, from which amount $350.00 would be deductable for cost of materials necessary to keep these men employed for a 12 months, period. In other words, $?50.00 would go for labor and $350.00 for materials, and such other funds that may be necessary to keep these men employed would be furn~ shed by the locality in which the project is being constructed. It is estimsted on this basis it would require approxi- mately $1,400.00 for materials and labor to keep each person employed for a 12 months, period, thus it will be seen that if the Federal Government grants Si,100.00 per person it will be necessary for the Municipality to raise $300.00 addi ti onal. $17 318 "General Waller stated that if Armories could be constructed under this plan there was-a possibility that funds may be available from the State of Virginia to suppliment sam?, and in all probability the Oity of Roanoke could co::n_t on approximately $10,000.00 for this purpose. Such funds that may be available will exclude any cost for ground that may have to be acquired for this purpose. "HIGH~iAY DEPARtmENT: In conference with Mr. Mullins, we were advised that the route over Wasena Bridge has been designated as United States Route ~221, amd will be subject to Federal Aid, but as yet no definite information has been received for grade crossings and highway construction other than approximately Three Million Dollars will be available for State Highway Construction in Virginia, and if this sum is allocated as other funds have in the past there will only be available for the Salem District approximately $125,000.00, and according to present rules and regulations laid dowm by the Federal Administration, at least 90% of all persons working on gz'ade crossings and road projects will have to be taken from the public relief rolls "MISCE;.;.ANEOUS: The committee, together with Mr. Henry L. Woodson, Jr., who has been engaged as Radio Operator for Roanoke, while in Richmond also made an inspection of the Police Radio System in that city, and also conferred to gather such information from that source m'ith the City Clerk of Richmond as might be helpful. Respectfully submitted, W. P. Hunter L. D. James, " the Cotmcil of the City of Roanoke, much to its permanent welfare; UNFINISHED BUSINESS: None. CONSIDE~qTION OF CLAILIS: None. I~RODUCTION AND CONSIDF~RATiON OF 0RDIN~,~C~S AI'~D R~SOLUTIONS: RESOLUTION OF RESPECT: The President, L~. Small, brought to the attention of Council the recent death of ~.~. Robert ~. Buckner, a former Mayor and member of the Council of the City of Roanoke, and offered the followinc Resolution of l~espect: 'i~TLER~S, by the death of L~. l~obert A. Buckner, a former L~ayor and member of the City has lost a citizen who has contributed ! THF~REFORE, BE IT RESOLV~.D that this Council desires to make record of that I loss and express some tribute to his worth. His was a useful,.honorable_ and uprightI' ~ life. In his official life and as a citizen he was honest, fazr, faithful and loyal' to the best interests of the City. In business, domestic and social relations his simplicity of character, honorable way of life and old fashioned virtues endeared him to his friends and all those with v~hom he came in contact. A man to ~.om the City is greatly indebted has gone to a well earned rest. REo0LV~,.D that this expression of regret and tribute be spread upon the 'Journal, and the Clerk is instructed to transmit a copy of the same to the family of the deceased. Mr. S~nall moved the adoption of the i~esolution. The motion was seconded by ],~Lr. ~Jinn, and adopted by the following vote: AYES: ~.'~essrs. Bear, Comer, Powe!l, Winn and the President Mr. Sm~ll --5. NAYS: None ..... 0. RE~W%~DS '~'~ REBATES: .~ request for refund of $14.10 for taxes and interest ~Lcollected from ~,.~. C. Franklin by the Delinquent Tax Department, was before Council, _~Jr. Winn offering the following Resolution: (~4541) A RESOLUTION to refund M. C. Franklin $14.10 for taxes and interest .collected in error, $12.25 respresenting taxes, and $1.85 interest. ( For full text of Hesolution See Ordinance Book No. 8, Page%~). ~Ar. Winn moved the adoption of the ~esolution. The motion was seconded By Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Poweli, ~'inn, and the President l~ir. 8m~ll --5. ~.,.~_.~: ~.one ..... O. 1! OU. ITTED THROUGH ERROR 319 320. RAROOTIOS: Ordinance No. A559 having been introduced, read and laid over, and previously discussed, was again taken up and discussed, Mr. Bear moving that the second reading be dispensed with. The motion was seconded by Mr. Winn, and unanimously adopted. Comer then moved the adoption of the Ordinance, the motion being seconded by Mr. Powell, but before the polling of the vote the question of penalty was dis- cussed, Mr. Comer offering an amendment that the penalty of "Twelve months" be amen~ ed to read "Six months". The motion was seconded by Mr. Powell, and the amendment adopted by the following vote: AYES: l~essrs. Bear, Comer, Powe!l, Winn, and the President ~lr. Small --5. NAYS: None ...... 0. Mr. Comer then offered the followi~ Ordinance as ~uended for adoption. (~4539) AN 0RDIN~iCE to amend and to reordain an Ordinance adopted by Council on the 1st day of :,iarch, 1935, No. 4460, entitled, "An Ordinance to prevent the purchase, possession, sale, delivery, distribution, transportation, donation of drug known as derivatives of the plant Cannabis Sativa L. and every salt derivative, mix- ture or preparation thereof, and to provide punishment therefor." ( For full text of Ordinance see Ordinance Book No. 8, page ~ ). P~ALqT: Any person or persons violating any of the provisions of this ordinance shall upon conviction be punished, for each offense, by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in jail not exceeding SIX months, or by both such fine and imprisonment, in the discretion of the court. l~Lr. Comer moved to adopt the rdmnance as amended. t&r. Winn, and adopted by the fo!levying vote: The motion was seconded by AYES: Messrs. hear, Comer, Powell, i/inn, and the i-resident ZLr. Shall--5. NAYS: 1,!one .... 0. Z0!,~NG 0RD_t,~.,C~. ~ur. Comer offered the following Ordinance for its first readin~ The motion was seconded by ~.~. Winn and unanimously adopted: (#4542) AE 0HDINANCE to amend Article 1, Section 1, of an Ordinance adopted by the Council of Roanoke, Virginia, on the 30th, day of December, 1932, numbered 4083,~ and entitled, "An Ordinance to divide the area of the City of Roanoke--~nto d~strmcts~-| to establish building lines, to regulate and restrict the location, erection, con- struction, reconstruction, alteration, repair or use of buildings and other struc- tures, their height, area and bulk, and percentage of lot to be occupied by build~__ngs or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the pren~ses in such districts for the promotion of health, safety, morals, comfort, prosperity, or general welfare of the City of Roanoke; to provide for the change of boundaries, regulations and restric tions of such districts; to provide for a Board of Zoning Appeals; to provide for enforcement; to prescribe penalties for violation of the provisions hereof." ,~ YZ ~Hk~E~, the Dixie Finance and Loan Corporation has petitioned certain changes 'in the Zoning Ordinance, aud the Board of Zoning Appeals has recommended that Blocks Nos. 2 and 3, Roanoke Land & Improvement Company, on the South Side of Wise Avenue S. E., between 12th and 14th Streets, as designated on Sheet ~11 of the Zoning Map as Lots 4110AO1, 4110~02, 4110403, ~11040~, ~iI0405, 4110406, 4110409, 4110410, 4110501, 4110502, 4110503, 4110504, 4110505, ~110508, 411051?, 4110518 and 4110519, said property to Residence to Light Industrial District. 4110407, 4110408, 5110506, 4110507, changed from General I! ':dtEREAS, the notice required by Article X1, Section 1, of said OrdinanCe has been published in the "World-News", a newspaper published in the City of Roanoke, for the time required by said 0rdinamce, and p. m., before the Council of the City of Roanoke, ~pal Building, at which hearing no objections were quested~ to file their objections, WHE ~REAS, the hearing was given on t~,e 14th day of April, 1935, at 2:30 o,clock~ in the Council Room in the Munici-~ presented by persons who were re- :I nor were any objections filed in writing, i '.[~I~FORE, BE IT OPd)AINED by the Council of the City of Roanoke that Article 1,~ Section 1, of an 0rdinanoe adopted by the Council of the City of Roanoke on the 30th day of December, 1932, numbered 4083, and entitled, "An Ordinance to divide the area of the City of Roanoke into districts, to establish building lines, to regulate and ~ restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and other structures, their height, area and bulk, and percen- tags of lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such districts for the promotion of health, safety, morals, com~ort, prosperity, or general welfare of the City. of Roanoke, to I~ovide for the change of boundaries, regulations and restrictions of such districts, to provide for a Board of Zoning Appeals; to provide for enforcement; to prescribe penalties for violation of the provisions hereof," be amended in the follo~'Jing particular and no other, viz: The property on the South Side of '~,ise Avenue $. E., between 12th, and 14th, Streets, kno~'~ as Blocks 2 and 3, Roanoke Land & Improvement Company, and designated on Sheet 411 on the Zoni~ Map as Lots 4110401, 4110402, 4110403~ 4110404, 4110405, 4110406, 4110407, 4110408, 4110409, 4110410, 4110501, 4110502, 4110503, 4110504, 4110505, 4110506, 4110507, 4110508, 4110517, 4110518 and 4110519, ~e, and. is hereby changed from General Residence to Light Industrial District, and the map herein referred to shall be changed accordingly. The ordinance is laid over. AUDITS-SCHOOL BOARD ACCOL~tTS: Bids for the auditing of the accounts of the Roanoke City School Board having been previously opened during the meeting of Council, and awarded to ~eslie A. Kimble & Company, I3~. Comer offered the following Resolution: (#4543) A RESOLUTION to award contract for auditing the accounts of Roanoke City School Board to Leslie A. Kimble & Company. ( For full text of Resolution see Ordinance Book No. 8, page~_~_). L~. Comer moved the adoption of the Resolution. The motion was seconded by ~. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mir. SEa~ --5. NAYS: None ....... 0. STREET LIGHTS: The City I~anager brought to the attention of Council a request from k~. Richards of the C. & P. Telephone Company for electric light on Third Street between Luck Avenue and Franklin Road, the telephone company agreeing to pay~ for the current if the City would have same installed. After a discussion of the subject, Mr. Winn offered the following resolution: (#454~ A RESOLUTION to install a certain street light. ( For full text of A~esolution see Ordinance Book No. 8, page ~). 322 U~. Winn move~ to adopt the Resolution. The motion was seconded by Mr. Powell _sn_d adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~;inn, and the ~resident Mr. Small --5. HAYS: None ..... O. MOTIONS AND MISCF. T.L~NEOUS BUSINESS: DELIN%U'h~T TAX DEPART~Jd~TT: Mr. Winn offered a resolution requesting M. J. Scruggs, Delinquent Tax Collector, to remit the 20~j State fees of collections on !delinquent State taxes to the City Treasurer, but at the suggestion of the Fresiden' Mr. Small, the resolution was wlthdra~m and the City Clerk directed to confer with ~r. Scruggs and ask that he write Council a letter setting forth his willingness to return to the City Treasurer the 20~ as first embodied in the proposed resolut ~..~TRY LOUISE HOME: The ~'resident, I~4r. Small, informed Council that a committee from the tMry Louise Home contemplated appearing before Council to ask for an ap- propriation to defray the expenses of operating the home ~n view of the collapse of the Community Fund from which source the Home previously received appropriations. TP~&VELFHS AID SOCIETY_: The President, LLr. Small, brought before Council the question of appropriation for the Travelers Aid Society, previously discussed in executive session in consideration of the Budget, at which time the its~ of $2, stricken from the proposed budget, it being the opinion of Council that this is an obligation which should not rest entirely upon the City, stating further it was the thought tlmt while the organization has done excellent ~,~ork it is not such that the City can defray the entire cost. The Ci~ Clerk is directed to so advise the · Travelers Aid in order that the organization might have as much advance notice as possible. PISTOL CLUB: The President, ~. brought before Council an offer of a local pistol club for use of the range on Church Avenue for use of police for ~practice. The City Manager was asked to look into the matter. N~SPAPER R~0RTERS: The President, t~'. Small, called to the attention of the !~Newspaper reporters on item on finances recently appearing in the.local_ papers unde~! ' " ~n which it was ~ the heading of "Expenditures of City in Excess of its ~ece~pts , stated there was a technical surplus existing. The President took the opportunity of disagreeing with the statement as expressed. There being no further business, Council adjourned to meet at 7:30 o'clock p. n., Thursday, June 20, 1935, for executive session and further consideration of :the Budget. APPROVED President COUNCIL, SPECIAL I,~ETING, Thursday, June ~0, 1955. The Council of the City of Roanoke met in Special Meeting in the Circuit Court ~ Room in thc Mdnicipal Building, Thursday, June 20, 1935, at ?:30 o'clock p. m., for consideration of the Budget. PRESE'JT: Messrs. Bear, Comer, Powell, Wtnn, and the President Mr. Small--5. ABS~T: None ...... 0. The President, lit. Small, presiding. OFFICERS PRESCotT: :':. P. ttunter, City ~,ianager. TRAVELF~IS AID SOCIETY: Mr. Blair J. Fishburn, ~resident of the Travelers Aid Society, together with ~Kxe~,ubers of Zhe Society and other organizations, appeared before Council, with reference to communication received fram the City Clerk stating that the request of $2,900.00 for fiscal period beginning July l, 1935, had been stricken from the budget. ~.~r. Fishburn spoke briefly in support of the request, followed by ~.~iss Ayers, Executive Secretary, who told in detail the work performed by the organization. !~r. T. C. Rohrbaugh, FF2~A Area Administrator, spoke briefly in behalf of t~ ne Travelers Aid, as did l..[iss Jeffries of the Juvenile and Detention Home, I&rs. Marion S. Battle, President of the Y. W. C. A., Rev. Z. V. Roberson, Pastor of the Raleigh Court Presbyterian Church, Mrs. Laura E. Bell, former L~atron of the Viscose Dormitory, and Mrs. Covington, one of the Secretaries of the Travelers Aid, all urging that the requested amount be placed back in the budget, the president of the organization stating that i~ was his contention that to cut out this amount would ~ost the City more in the form of added expense for taking care of travelers coming into the City, than the appropriation. The reDresentatives stressed particular- ly the moral work done by the Society, and aid rendered to unfortunates. The President, ILr. Small, advised the delegation that Council did not want it mderstood that any criticism of the Society was intended, but that Council was faced ~ith the definite problem of finding ways and mea_n.s of revenue to meet e~Denses, and ~he burden had not been made any too easy by the excessive program for health and ~elfare as was being requested of the City, since the collapse of the Community Fund,' )ut that he would be very glad to again bring the matter before Council for further :onsideratton. After the retirement of the delegation, the matter was again brought before ~ouncil for further discussion, ~:Lr. Comer stating that the question has been'before ~,o~ncil for a number of years, and they have always been able to convince me the ap- propriation was a good investment for the City, and if it was not spent there, it ~pent in some other direction. ~±~e President, DIr. Small, stated that he had no dispo- sition to be adamant in the matter, and was v~illing to take the requested amount and .ivide same between the Travelers Aid and the Mary Louise Home. ~.~. }owell stated it ~as his thought that the work performed by the Society was a very improtant piece of ~ork, and if the service rendered to young girls coming into the City was as claimed,~ :he expenditure would be well worthwhile, and that it was his thought that the people ~f Roanoke would not want to do away with an organization of this kind; that the Cit~ ~hould render every assistance possible in matters of this kind, and that his personal 'eeling was if economi_es v~ere effected in other direction and more emphasis placed this phase of the job his conscience would be a little clearer in the matter ' 323 324 After further discussion of the question, and an opportunity Eiven for a tactic: in the matter, and there being none, I,M. Bear moved to ~rooeed with other business. LABOR BUBE&U: The President, Small, moved that the $2,400.00 requested for the Labor Bureau be stricken from the budget. There being no second, the item is passed over. PENSIONS-CONFEDEi~ATE SOLDIERS AND WIDOWS: A communication from Mrs. T. T. Parrish, Acting Chairman of the t~ension Board for Confederate soldiers, with reference to pensions was read before Council, giving list of names of eighty-five ~ persons now carried on the pension rolls, together with addresses, ages, separated as to widows and Confederate soldiers, and date of marriages. After a discussion of the question, it was unanimously decided that the ap- ~ propriation for this cause be nmde, and the Clerk is directed to write the Chairman of the Board that the pa~uaents would be continued at the uniform rate of $?.00 per month to Confederates and their ¥~idows now on the pension roll, but that Council will have to authorize any additions to the pension rolls before they are made, witl further instructions that a copy of the letter be forwarded to the City Auditor. The Clerk is also directed to send list above referred to, to the Health :De?~-~a~'t~:~ent, with the request that the Health Officer ~otify the City Auditor of all deaths of nmues as sho~','n on this list. SCHOOL B0.~,D: The City Clerk is directed to ask that the Scl~ool Board meet Council at a s~oecial meeting called for 7:30 o,clock p. m., Thursday, June 27, 1935 for the purpose of final discussion and determination of the School budget for the fiscal year beginning July 1, 1955. There being no further business, the Special Meeting of Council adjourned. APPROVED President COUNCIL, REGUI~AR ~EETING, Friday, June El, 19~5. The Council of the City of Roanoke met Room, in the hlunicipal Building, Friday, June 21, regular meeting hour. in regular meeting in the Circuit Court 1935, at 3:00 o'clock p. m., the PRES~.;T: },Iessrs. Bear, Comer, Powell, Winn, and the President ~,!r. Small --5. ABSENT: None ..... 0. The President, i,h~. Small, presiding. OFFICERS PRES~T: W. P. Hunter, City I.danager. i.iINUTES: It appearing that a copy of the minutes of the previous meeting has been furnished each member of Council, upon motion of ~,~. Powell, seconded by !-~ir. Comer, the reading is dispensed with, and the minutes approved as recorded. M~A~RING OF CITIZENS UPON PUBLIC i.LATTF~RS: ~IARY LOUISE H0I,IE: A co]mnittee headed by i:Lrs. J. Dexter Hobble, Jr., appeared before Council and told something of the financial needs experienced by the idary Louise Hom~ since the discontinuance of aid from the Community Fund, and asked that Council consider appropriating funds of at least one hundred dollars per month in the final determination of the budget for the fiscal year beginning July l, 1935. In discussing the question, the President, ~'.ir. Small, stated that Council feels it can't possibly take over and appropriate out of city funds for relief and charity purposes the total amount obtained through previous community fund drives, but that Council would take the _m_-_tter up for final consideration at the next session of the budget, but that present demands for charity and direct relief upon the city is a very severe drain upon its treasury now, and if we are goiD~ to strain it much fur- ther, we have got to impose additional taxes, and he did not think that %';ould be a very healthy or enjoyable procedure, stating further that in giving the request consideration it had to be done with due regard to other agencies, and to be careful not to establish a president which would rise up to plague us later. PETITIONS Al,iD COL~JhrICATIONS: Z0~UiNG ORDINANCE: A report from the Board of Zoning Appeals with reference to request of Rev. RanCh N. Redford, pastor of the Belmont Christia~ Church, to change property on corner of llth Street and Jamison Avenue from residence to business property in or,er that his church might proceed ~ith the building of new church auditorium now contemplated, was before Council, the Board of Zoning Appeals recom- mending that Co,_mcil take no action, and further that the matter can be handled by the Board of Zoning Appeals. The Clerk is directed to refer copy of communication from the Board of Zoning Appeals to the Rev. Ramon N. Redford, with request he make his application to the Board of Zoning Appeals for permission to construct the building in ~uestio~. C01~.~ENSATION OF ~-GDGES: A communication from E. R. Combs, Comptroller, was before Council, advising of the amounts for salary of judges apportioned among the counties and cities of the commonw, ealth in conformity with the provisions of section 3466 of the Code of Virginia, the City of Roanoke,s assessment for this purpose being $5,646.66. It being ascertained the amounts specified having been included in the Budget for the fiscal year beginning July l, 19~5. The communication is referred to the City Auditor for~'payment prior to December l, 1935, as provided. 325 326 BONDS OF ~[PLOYEES: A communication from E. R. Combs, Ohairman of the Compensa- tion Board, wes before Council, asking for certain infox~aation with reference to "doing away with the payment of premiums on bonds written on employees of the Treasurer's office", as reported by the City Treasurer. The City Clerk is directed to furnish Mr. Combs with copy of City Attorney ' Jackson's opinion on the subject, and advise that the City Treasurer is bonded to ~the City in the amount of ~100,000.00, and a like sum to the State, and in view of the legal opinion seems adequate protection for both the City and the State. GASOLINE STORAGE TANKS CROSS-OVERS: A request from S. H. Hoge, Jr., for permit to install underground gasoline storage tank and two cross-overs on the East Side of Franklin Road Just south of the old Griggs ice plant, was before Council. The communication is referred to the City Manager for investigation, report an~ r ec ommendat ion. BE~-~0RT OF 0FFICERS: R~0RT OF CITY LtA~L~GER: The City Manager presented report of work accomplished and e~endit~es for ~eek endi~ June 13, 1935. The report is filed. CROSS-OVER: The City M~ager recommends that per~t to construct one 30 foot cross-over at ~ E. Tazewell Avenue for a parki~ lot as requested by S. I. Wi~ore at a previous neeting of Council ~d referred to him, be granted. Mr. Wi~ moved that the reco~endation of ~he City Manager be conc~red in, and offered the follow- i~ resolution: (~5~5) ~ ~SOL~I0~ ~ti~ a pe~it to o. I. ~li~ore to construct a certain cross-over. ( For full text of Resolution see 0rdin~ce Book No. 8, Page ~4 ). ~. Wi~ moved to adopt the resolution. The motion was seconded by Mr. Powell, ~d adopted by the following vote: AYe: Messrs. Bear, Comer, Pov~ell, Ui~, ~d the President L~. ~all--5. NAYS: None ..... 0. CROSS-0V~: The City Manager reco~ends that pe~t to construct cross-overs to acco~odate property at 202 Walnut Avenue S. E., as previously =equested by Mrs. Li~y ~ers, and referred to him, be grated. ~. Comer moved that the reco~endatio~ of the City Lianager be conc~red in, and offered the followi~ resolution. (~4546) A RESOLUTION granti~ a per~t to l~s. Mary Akers to construct certain cross-overs. ( For full te~ of Resolution see Ordinance Book Ho. 8, Page ~5 ). ~. Comer moved to adopt the resolution. The motion was seconded by Mr. Powell ~d adopted by the following vote: .~ -~ . ~all--5. A~ES: Messrs. oear, Comer, Powell, Winn, ~d the President I.M NAYS: None ..... 0. ( R0~I0[~ HOSPITAL: Report for month of ~ay showing list of City patients treated at the R~noke Hospital, ~d over,aft balance now reduced to ~21.79, was before Council. The report is filed. ~ I~A ~0~: Report from the I~lk for month of Liay, 19~5, showing balance on hand of $129.88, was bef~e Comucil. The report is filed. ~0RT 0F C~,~ITTE~: None. ~FIHISI~ BUoIN~SS: ' R0~0I~ ~BLIC LIBRa: A co~ication fr~ ~. W. H~cock, tTesident of the Ro~oke Public Library, previously before the body ~d laid aside, was again brought ~before Council and read, the comm~ication being the resig~tion of lf~. H~cock as member of the Library Board, and is copied below as a part of the minutes of this meeting: "To the Council for Roanoke, Virginia. the City of ~OA~oke~ Gentlemen: I herewith tender my resignation as a member of the board of directors of ~he Hoanoke Public Library, respectfully requesting that it be accepted effective not later than the end of the present fiscal year, June 30, 1935. Having been a member of the board of directors of the public library since~ its creation by the City Council in 1920, and president of the board by election of its members since 1922, I feel that I should be permitted to retire. In severing my official connection with the public library, I wish to commend the librarian, who has been connected with the library during its entire ~.life and librarian since shortly after it was organized. To her devotion to the work, her untiring energy, efficiency and intelligent supervision, together with the aid of her excellent staff of trained assistants, is due in large measure the re- markable growth of the library from a small beginning to an institution which is contributing so largely to the cultural and educational advancement of the City. I desire also to express my appreciation for the cooperation and loyal support I, as president, have always received from the other members of the library, s board of directors. Their wholehearted interest cud encouragement has also been nest helpful to the librarian in developing the library system. To you, the members of the present City council, and to your predecessors, I extend my thanks for your interest in the public library and for your generous support. 327 ( Signed ) Respectfully, J .. Hancock, After a discussion of the question, it was umanimous!y agreed that if Hancock has definitely decided to resign, that his resignation should be accepted, whereupon L~. Winn moved that the resignation of i',Lr. Hancock, .member of the Board of~ Directors, of the Roanoke Public Library, be accepted with regret. The motion was seconded by iLr. Bear, and unanimously adopted. Ti~e City Clerk is instructed to draft letter to the retiring President expressing appreciation of his long and faithful service in the interest of the Library. R0.4N0][E PUBLIC LIBRARY: There now appearing to be a vacancy on the Board of the .~oanoke i'ublic Library, l,[r. I~owell placed before Council the name of i..lr. George 'Scott Shackleford to fill the vacancy cz'acted by the resignation of ~r. Hancock. The motion was seconded by ~.:Lr. ~;inn, and idr. shackleford elected by the following vote: AYES: Llessrs. Bear, Comer, Powell, Winn, and the President ~'dr. Small---5. NAYS: None ..... 0. R0_~O[~ PUBLIC LIBRA~RY. i,ir Hunter brought to the attention of Council that the appointment of ?..lt. Powell as a member from Council on the Board of Directors of ~he Roanoke }'ubiic Library had never been confirmed. Thereupon, the appointment of ,M. ~. l.i. Powell as a member of the Board of Directors of the Roanoke Public Library' Is made by the President of Council, and unanimously confirmed. DELiN~U~qT Tf~ D~iT~':L~IT: A communication from ~2. J. Scruggs, Delinquent Tax '~ :ollector, agreeing to turn over to the City the 2C~ commission allo;,Jed for collec- ion of State delinquent taxes, his commission to be $% of total amount of delinquent axes, from whatever source, vms before Council. ~ The City Clerk is direcZed to draft resolution, in conjunction with the City ~ttorney, repealing Resolution #~81, and embodying the terms of the agreement in ~ew resolution. CONSIDER.qTICN OF CLAiL~: None. II~RODUCTION ~'~ID C~NS!DER.QTIOI,i OF 0RD~i2d[CES .~JD R..'.o0L~_iO~S'~(~' :'~ ' ,~* : ZONIMG 0RDIN~CE: The following ordinance having been introduced, read and laid ,ver was taken up and again read: 328 (~4542) ~'d~ OHDINANCE to amend Article 1, Section 1, of an Ordinance adopted by the Council of Roanoke, Virginia, on the 30th, day of December, 1952, numbered 4083, and entitled, "An Ordinance to divide the area of the City of Roanoke into districts, to establish building lines, to regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and ~other structures, their height, area and bulk, and percentage of lot to be occupied !by buildings or other structu~'es, tile size of yards, courts and other open spaces, ~and the trade, industry, residence and other specific uses of the prel~ses in such idistricts for the promotion of health, safety, morals, comfort, prosperity, or }general ¥;elfare of the City of iloanoke; to provide for the change of bounda~'ies, ~regulations and restrictions of such districts; to provide for a'Board of Zoning !iAppeals; to provide for enforcement; to prescribe penalties for ciolation of the .provisions hereof." ( For full text of c, rdinance see 6rdinance Book 1.~o. 8, page 283 ). Lit. Bear ~oved the adoption of the Ordinance. The ~otion was seconded by !'.~. lowell, .and adobe, ted by the following vote: ~_.~o i.~essrs. Bear, Comer, Powell, ,mnn, and the !resident i~r. Small Hone ..... O. ST~ET '.,'iD~.:IiiO: i,[r. ~iunter, the City l.~anager, presented to Co~ncil, blue ~.rint and estimate shorting approximate cost of $33,214.50 for straightening and v~idening Greenbrier .~.venue through Grandin Court, the cost to the City for the pro.- 'ject beinc~ au~Droxi~tely_ ~4,110.00. _~t was the unan~aous op"mn_on~ of Council if the ~Jork could be done under Federal Aid, it would be to the best interest of the City to do tile '~'~ork at this time, provided rights-of-r~ays could be %~'orked out, which shoU be the first step. After further discussion of the question, the ~'resident appoint- ed L~essrs. Bear and Comer to work with the City Manager in obtaining ninety day options on ~ro~,erty necessary for the work contemplated. STRE~ ~3.~D~,i,liiJG: The City i,.ianager brought to the attention of Council a re- quest of James R. Terry of the Highland Land Comi.,any, that the City release a small strip of land between Patterson Avenue and Ahaffer's Crossing, ;vhich was abandoned re'hen the ne~'J street v~as put in, a portion of %'Jhich was donated by the Highland Company. Council concurred in the reconzuendation of the City 1.2anager that this be done, and the question is referred to the City Attorney for preparation of the proper release. . ~. Rol~baugh, iRA ~ea A~nistrator, app~red before Co~cil, ~d asked that Council approve an application for Federal Relief funds amounting to $157 , 985 .00 for the t~ee-month period beginni~ July 1st. ~ During a discussion of the question it appeared that it would be necessary for the a-gplica~ion to be incorporated in the proper resolution form, and that certain supporting data to accompany the ap~_mcation was not attached Or. motion of Bear the application fern is received, consideration and possible action to be taken at the ne~ meeting of Co~cil after the necessary supporting data has been f~nished by the City Auditor. ~ F~,~ ROAD CROSSinG: The City ~ager ~de report of the prospects of new bridge for FranP~in Road Crossing, ~d contacts he had m~de ~ith the Chief ~gineer df~ the Virginian Railway Company, which in, cared a project for this ~ork ~ght be possible. There being no further business, Council adjourned to meet at 7:30 o'clock P. m., Thursday, June 27, 1935, for consideration of the Budget, the members of the School Board having been invited to attend this meeting for finel deteEMnation of amount to be al,propriated for the Sehools for the next fiscal Deriod. Clerk/ APPROVED President 329 330 COUNCIL, SPECIAL ~.,UEETING, Friday, June 28, 1935. The Council of the City of Roanoke met in Special Meeting in the Circuit Court Room, in the ~.:unici~sal Building, Friday, June 28, 1935, at 10 o'clock a. m., for consideration of the Budget. · a~-~: 1.1essrs. Bear, Comer, i~owell, VJinn, and the t~esident ~dr Small --5 ~.~BS~: None ..... O. The President, LLr. SLmll, presidin~l. OFFICERS ~-~ ..... '~' City i.lanager. ~_:~ ~~,~: Consideration of th~ Budget for fiscal period beginning July 1, 1935. CIT'Y F-~'$1CL~'~,. ILr. Hunter brought to the attention of Council the euestion of co.mi:.ensation for the City Physician as sho~,'n in the Budget, stating that in conversation vJith the ~_.resent City Physician it was his request that the arr~ngen~n' e.._sting be allowed to continue, at least 5'or the next six ~:xonths, thus giv- lng the ihysici~n time to make other arrange~,:ents, l.k'. Hunter concurred in th~ re- _ ~'~ ~' ' and after a discussion of tho euestion, cuest of the City ~hjszeian, _ it ~vas the tu.~anin.~.ous opinion of Council that this be done, but tlmt the present setup of the budget be not changed, ',vith the further understanding that no i~urchases ,,','ou!d be ~made from the ai~propriation as shown in the budget for this department. The City i Clerk is directed to ~.jrepare Resolutibn extendin.g the present arrangement until December 31, 1935, ~'jith provision for the governing of the Ft~rchasing Agent and Auditor with reference to expenditures as agreed. The City ]..ianager brought to the attention of Council a request from R. C. Johnson, Chief of Identification Bureau, for inclusion of suf- ficient funds for att endinJ-'g convention in i.lontreal on july 15th and 16th. It ~'Jas the concensus of Council as emo_ressed by the >'resident that v;b~le Counc~ ~.~a_._,.pz,.,c,a~es the im-..~ortance and benefit of depert:4ent heads attending conventions, to allow such an a:ppro~.Driation rot one departL.'~ent ~':ould be establishing a precedent, and that the general financial condition ~vould not warrant such exi~nditures. SCHOOL BOARD: At the request of Council, W. P. Hazlegrove, Chairman of the :School Board, together ~'~ith D. E. McQuilkin, Superintendent, and J. S. McDonald, iClerk, appeared for fdrther discussion of the School Budget, the President, ~. ~Small, stating to the Connnittee that Council had reached the conclusion that a 5% 'increase in pay to all City employees, including school employees, now receiving !$2,000o00 or less vJould be given, snd in determining this question, it v.~as estimated :~the ex::ense to the School Board would be approximately ~25,000.00, and the Council !was novj considering reducin~ the $518,166.45 recuested to the extent of $23,166.45 i leavin.c a total avprooriation of ~495,000 00 for the operation of the Schools, to i~which v,'ould be added ~25,000 00 for the 5% increase in pay, as contemplated, malting !a grand total of $520,000.00, the School Board to ad_minister the funds under its io~Jn supervi s ion. !.ir Hazelgrove a'sked that he be oernitted to hold a short conference v;ith his iassociates for consideration of the amount, after y~hich he advised that the School [Board would of course abide:by the decision of Council, but it was estimated an !appro!~riation of $522,500.00 would be necessary to carry out the program of the School Board and grant the 5% increase in pay. On fu~'ther discussion of the question it was moved and seconded that the amount! of appropriation for the School Board be increased to $522,500.00, by the following vet e: AY~£S: Messrs. Bear, Comer, Powell, Wtnn, and the !resident I.~r. Sr~mll --0. NAYS: None ..... 0. CLEi~ 01~ COURTS-CITY S~GF~E~: R. J. Watson, Clerk of Courts, and H. E. Mayhew, City Sergeant, at the request of Council, again appeared before Council for final consideration of their budget request. The President advised that Council had reached the conclusion that a B~ increase ~,~ould be granted to all employees receiving ~B,000.00 or less, and that it vzas contem~,Dlcted the increase would apply to employees ~n the office of the Clerk of Courts and the City Sergeant, contingent upon whether ~ ~r not the t~'~o officers demanded the full ~7,000.00 salary es provided for by s~tute. ?he question ,.',~as discussed at l~ngth, .~.~r. I.:ayhew by agroeuent to accept a salary of iO,500.00 per annum, '~Tith tho understanding the 5~. increase u'ould ~i;?ly to ~ll employees in his department. I..Lr. 'jatson called to th~ attention of Council that t'~?o e~loyees in his de-Dart- nent no~,; receive nora th~u the ~B,000.00 m~:ci~um for receiving the increase, ~nd it ~as his intention to grant these employees increases out of his o;';n pocket, and ~as ~herefore of the opinion that his personal salary should be fixed at ~$,§00.00 per · ~.~mtn,~. After further discussion, the question ~','as put to a vote ~vith the follo~ving ?esult: SAL~HY to be fixed et ~8,800.00 per a~uum: idessrs. Bear, ?o~ell, Ui~m, ~nd the i~resident ;.~r. S.~:~!I .4. ieeting SALA~RY TO BE FIk~-~D at ~' ~o,500.00 per annu~: l,[r. Cos~er ---1. Bb-DGET-GE.!'.~ER~'D-: After further detail study of the Budget, the l-resident, :~.all, presented to Co~cil draft of Ordinance he proposed offering after adoption f the budget as it nov~ stands. ['.[essrs. Bear and Comer stated they would support ;he ~'~easure v~ith the ~ders~nding it ~7ould not preclude the granting arbitr~y in- Just~..ents for employees no~7 receivin.~;Z ~o~'e th~ the ~2,000.00 maxim~ ~ncluded, based on service and merit. The increases ~d adjust~:~ents as agreed upon ~'ere then included in the tentative budget, the s~e to be adopted at the regular of Council to covene at 3:00 o'clock p. m. APPROVED 332 COUNCIL, Rh~ULAR MEETING, Friday, June 28, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court ,~Room, in the l,:unicipal Building, Friday, June 28, 1935, at 3:00 o'clock p. m., the regular meeting hour. ~R~o~.l: ~essrs. Bear, Comer, Powell, ~'~nn, ~nd the ~resident I,v.r. Small - 5 /~BS'-~iiT: ,'_!one .... 0. ;' -. presiding The Ires ident, .,,~: S~ll, . 0~!~I~:~,~ ~=REZ~.T: ,,. P. Hunter, City ,ianeger. :L!:'TJTES: It a'ppearin~ that a copy of the rxinutes of the previous ~'~eeting has ~been DGrnished each ~:e=~ber of Council, u~_~on motion of :.Lt. :'jinn, seconded by i.~r. ~. ~-oved as recorded. :l~o~ell, tlxe reedin:: is disDeused ~Jith, and the F, inutes =.~o: C. E. Hunter, Attorne~ re~:resenting the Farmers ~nu L:erchants Credit Corporation, a2pesred before Council and asked that no penalty or inter~st be charged on a c~'~edit of ,j200.00, as authorized by ~he Hustings Court under date of C~ctober 2~, 1933, on Lot l, Block 14, Le~'Jis Addition, to be cz'edited on 1933 taxes, but saD~.~e not having been done. The Citl~ Clez'k is directed to obtain copy of the Order, knovJn as i,io. 10802, and if found correct to prepare resolution for consideration of Council at its meeting on July 5, 1935. Club, DOC- INOCULATION: LLrs. D. E. Remsberg, Civic Chairman of the Roanoke aDD,areal before Co~mcil and read resolution recently adopted by her organiza- tion, urging ~he annual Pasteur inoc~!ation of dogs in the City for the prevention of rabies, the re~olution and 9ther data bei~ filed vJith the City Clerk. The reco?~:~endation and resolution are referred to the Cit~? Manager for consulta~ tion ~:.~it~: th~ City ?:ealth officer, and to re:~ort back to Council at its next meeting, on july 5, 1935. OLD LICK CZ~,i~ERY: '3. C. Willia~us, colored undertal=er, again appeared before Council in the interest of 01d Lick Cemetery, and to hear report of the Committee co,reposed of City Lv. anager :qunter, and City Health Officer Ransone, to investigate ~ ~'~hich committee made the fo!lo~:i~ report: the .~ ~t er, "June 28, 1935. To The Cit'~. Council, Roanoke, Va. Ge nt lemen: OLD LICK COLORED Regarding ordinance proi0osing to close the 01d Lick Colored Cemetery for f~urther burial which ~as referred to '~'.:. P. Hunter, City L!anager and Dr. C. B. Ransone, for report and recommendation. This cemetery was very much overgrovm and had to be cleaned off before an ~insDection could be made. On June 27, v~e inspected this cemetery and it see~us to be practically ~ of graves, ho~Jever, there are several spaces that could be used if properly selected ~Je make the fo!lo~in_g reco~muen~ations: 1st. ~Lb. at this cemetery be fenced in ~'~'hich vJill cost aDlroximately $481.00 L~hen funds can be orovided. 2nd. That any further burial be in charge of a keeper or sexton who shall keep a record of all burial permits issued by the Health DepartD]ent. 3rd. That all ~eeds and brush be completely removed from this cemetery and some provision ~sde to keep this cemetery free from such growth in the future. 4th. That some l~rovision be ~de ~';hereby the City shall provide an aGditio~ al I! burial place for the colored who are unable to pay for burial ground. 5th. That Council adopt the ordinance proposed by the Health Department regu- lating the burial of dead within the City limits. Res_r~ctfully submitted: ( Signed ) W. 1;. Hunter, City :.:anager, C. B. Ransone, Health Officer, After further discussion of the question, in v;hich the City l::anager stated that his investigation showed ti:ere was still room in the cemetery to provide space for probably two hundred to two hundred and fifty graves, and it being his opinion that arrange::ents shouSd bo made to _provide for a caretaker, the said caretaker to receive no remuneration from the City, his compensation to be for such graves as he digs in the cemetery. l,ir. Comer moved that the report and reco~m.~endation of the Committee be concur- · red in, and that the-~' - ,~- ,~a~ter be left in t:~e hands of the C~_tj .Lanager with power to act in designatin~ a caretaL'er. The motion was seconded by L~. Winn, and unanLmousl¥ adopted. · ~' ' ~ '?" JR: A communication from lfr. George B. Shackle- LIB£hh~¥ GEORGE g ~HAC~[L~ a RD, ford, Jr., accepting the a-f. pointment as a m~uber of the Roanoke lublic Library Board, ~'ms before Council. The cormuuuic at ion is filed. LIB2.AUA£ J. U. ~L'~iCOCK: ~ cormnunication from ~.lr. J. L. Hancock, for,met member and ~'resid ~..~ ~ ' _ e__~ of the Library:- .~oard expressznz his thanks and appreciation for ac- cepting his resignation, and kind e~oress~ - ~ ~o~ co:~taine~ therein, ~-~'as before Council. The commtmication is filed· Doss, comDlaininj of stora~ for automobile, as assessed by the City, ~':hi!e care Oein~- held ~ " ,_. p~nd~n~ outco~me of suit against said Doss, :~as bolo-~ ~,~otunc~' !. .'..ir. Lawson .~sked that Council order amount of storage charge rerun~deal. The o uestion is referred to the City Attorney, with request that ~ - ~e advise ]ou'acil if ti:e City is ~ithin its rights in making the charge. - ~. l..ana~.:er~ = esented tel:crt of work accomplish- ~d and e~_~enditures for the week ending gune 20, 1935, The report is filed. iR~0~'i' OF TiiE ~O.~.~.,IoolOi'~R OF ~' ~ ~' ~ '' ....... -" AE;~,U~: A report of the Conn~ssioner of Revenue or month of ~,pril, 1955, showing s~ary of all licenses for the City of Roanoke, as ,o~:~ared ~'~ith th~ s~e period of last year, ~ms before Council, ,ne re-:jort indicating ~11 license paid for the first four months o,_ this year, amo~,~zn~ to ~133,592.59, ~s compared ~,;ith 2505 license for same period last year, amountir~S to $123,519.51. The report is filed. o~0-~,., T~.~,a~ _.-.:D CR0-~S-0V~S: The Cit~, ;.,[anager ..~de the fol!o~?ing 'eport ~ith reference to request of S. H. Hoge, Jr., for a'/::3lication to construct · asoline Storage Tanks a:~ Cross-Overs. "Regarding th.~ a'oplication_ of ~. ''~' ~.;~ Hoge, Jr., to install a 13,000 gallon under-ground storage tank for a retail filling station and to con- struct tv;o cross-overs fox' a triangular lot located on the Frost Side of Franklin Road bet~'~een Griggs l;acking Conpany and '_.-..lcClanahan Street. "It is my recunmendation that a pex?..it be granted to install tank and construct cross-overs as requested. said ~les!~ctfully submitted: ( Signed ) ,. Y. Hunter, CityManager." LLr. Powell moved to concur in tho tel:crt of the City :.~anager. The motion ~'Jas seconded by [.[r. '~fim~, and unanimously adopted· i.lr. Yo~'~e!l offered the fol!o~inc resolution for the construction of the cross-overs above referred to- 333 $4 RESOLUTION granting a permit to S. H. Hoge, Jr., to construct certain cross-overs. ( For full text of Resolution see Ordinance Book No. 8, Page__SO0 ). Mr. Powell moved to adopt the resolution. The motion xvas seconded by Wirm and unanimously adopted by the following vote: At~S: i~essrs. Bear, Comer, Powell, Winn, and the Fresident !lt. Small --5. REP0:~TS OF CODi~I~:~;=~''~ OF 0HDiilJ~JC~: The cormnittee comi>osod of City Attorney Jackson, itu, chasing :%ent Tucker, and ~z~.~ Clerk Ja',.ms, for re'Deft and z'ecoz=~.~endation on codification of ordinances, made t,e follox,.ins re'port: "In accordance with your instructions, the undersigned Committee appointed to revie-~v the manuscript of the proposed Codification of the City ordinances, and to mal:e a %vritten report to Council as to the proper procedure for corn- ,Dieting the work reports as follov~s: ,%'e have exm.-_.incd the manuscript and find that tho ord';uances have been classified'by subjects into Chapters and Sections, and seem to be very well arransed. 2. Included in tize manuscript are co,Dies of ordinances as orisinally drafted, zncludzn.j titles, and preambles. These should be reco~ied and the titles and v. reambles omitted and the body of the ordinance only included as a section under the l:.roper subject. Tlxe lmxguaEe used in some of th~ sections will have to be changed in order to make it applicable to the City. This is brought about by using as coi.~y State statutes, with the idea in view of havi~-~ a City Ordinance ~arallelin...Z. Ti~e _~..mnuscript contains very comi.~lete reference to the records ar.d very little research :,'ork :::ill be necessary. '.,,e are of the opinion that sene qualified person should be e:~loyed to re- vise the manuscrzpt and red,rite the sections where necessary. This person s. hould be able to devote his undivided attention to the :york. 'Je believe it is impossible for this committee to devote the time necessary for this work in comuection L~ith their other duties. Resi3ectfully submitted: ( Signed ) C mm'.,~it t e e ~h~ cuestion is referred back to " _ ~.~.. Clerk to confer ~ith L'~r. ~ ~ Hohrbaugh to ascertain ~r a ~':hite collar ~-, ' __ _~.roject can be obtained for the completio~ of this :york, with the z~_..~-request that the selection or armointment of !~er- son:~el be referred back to Council before any action is taken. FERa: .~. request · ...~. Rohrbaugh, F~hR_& ~rea ,,dministrator, been before Council fo:r funds to pay for space used by the V~,,R~-~ at having prev~ious 1 the Y. , for se~Jins classes, and an agreement reached for -[;ay~...en~ of same, ~as again before Council, l.-~. Yowell offering the follo~ving resolution: (~500) .3...~,~u.,.u_Ibir authorizin:r~ the ,.,..--~nqt'~ -~-uditor to drax'J warrants _oayable to the Y. '.;. 3. ~., for period frGu june 14, 1935, to August 31, 1935, inclusive. ~' " _ ~.~e adoption of the Resolution. ~ ~:.r. 1 ol/e'i 1 ::loved Lit. Comer, and adopted by the follo~ing vote: For full text of Resolution see Ordinance Book 17o. 8, Page 298 ). The motion was seconded by i,lessrs. Bear, Comer, Powell, b'inn, i.;one 0. and the vresident t,'~. Small--'---5. , , , ~:~_:.~,&-: The nuestion and agreer:..ent with i,i. J Scruggs, [Delinquent Tax Collector, for turniag back to the City the 2~ co~zission received ~:. ~fr~..~ the ~tate for Delinquent_ tax collections, was again before Council, and discussed, i.lr. Bear being opposed to paying the Delinquent Tax Collector 1% com- mission on the 1933 delinqueat taxes. After further discussion of the question !..tr. Wi:m offered the relieving Resolution: (~4551) A RESOLUTION authorizing pay~a~nt of co~dssion to the Delinquent Tax Collector, ~,~. J. Scruggs. (For full text of Resolution see Ordinance Book No. 8, Page ~99 _ ). iJr..Winn moved the adoption of the Resolution. Comer and adopted by the following vote: AYES: NAYS: FERA FUI.~S: The motion ~as seconded by I~Iessrs. Comer, PoEell, lfinn, and the President !.ir. ~. Bear ....... 1. The question of F~{A~kmds, Small---4. together with supporting data, as presented by T. C. Rohrbaugh at a previous neeting of Com~cil, was again brought before the body, ldr. Comer offering the followi~3 resolution: (~5Q9) A RE~0Lb~£IOH to authorize the application for funds under the provis- ions of the Federal ~uergm~cy Relief Act of 1903, and/or 19Z5. (For full te~ of Resolution see Ordinance Book No. 8, Page 297 i~. Comer ~oved the adoption of the Resolution. The notion ~'Jas seconded by i.lr. ~"m'Jell, and adopted by the following vote: AYe: i,lessrs. Be~r, Comer, lo~'~ell, ~'Jinn, and the President I.~. Shall ...... 5. i-~LYS: None -0. ~.~-IooI0~ 0F R~'.~o~. The C y Glerk brought to the attention of Co~cil an item of ~343.60 as carried in the oudoet for the Concessioner of ~evenue,s office, cm~ti~gent upon being reLmbursed by the ~tate for one-third of the expenses of the office for miscellaneous supi~lies, and since the State has refused to reimburse the said ~mount the charge should be cancelled ~ ' aoazns~ the said office. Thereui~on, ~.~. Bear offered the followi~ resolution: (~4oo~) A R~o0L~-~i0i~ authorizing the City Auditor to cancel certain charges against the Co~uuissioner of Revenue ~o~ing to (For full text of Resolution see Ordinance Book I,~o. 8, Page ~00 ). I~ ~ear norad to adoot the ~' . · ~ Reso!u~zon The motion u'as seconded by !~. Powell, and adopted by the following vote: ~. i~iessrs. Bear, Cor~er, Powell, Winn, ~ud the ~:resident }~. S::~all .... 5. ~.~YS: None--O. BUDGET: ~1 regular business of Co~cil having been dispensed ~ith, there ~?as fu~her discussion of the Budget for the fiscal year begi~~ ~uly !, 1935, it being ~uderstood the budget would be adopted by emergency ordinance as ~Drinted and corrected, and that separate ordinance for the 5% increase in 'Day to all City employees wo~d be adopted as a separate ordinance to apply to the individual salaries as shown in the tentative budget. offered the following ordinance: With this understanding, ~&r. Bear (~4047) ~'~ 0~i~CE making appropriations for the fiscal year beginning ~uly l, 1905, and ending ~une ~0, 1936. ~'~qERW~S, in order that the usual daily operations of the City Government may Eo forward an emergency is declared to exist, and this ordinance shall be in force ~rom its passage. BE IT 0P~AINED by the Council of the City of Roanoke that all money that shall ~e paid into the City Treasury for the fiscal year beginning_ ~uly l, 1935, and .~nding ~une 30, 1936, shall constitute a general fund and as much of the same as may ~e necessary, be, and the same is hereby appropriated to the following uses and 335 336 purposes, namely; (For full text of Ordinance see Ordinance Book No. 8, Page -285 - ]. Bear moved the adoption of the Ordinance. The motion was seconded by I,,tr. Powell, and adopted by the follo~'~ing vote: AYES: Messrs. Bear, Comer, rowell, Winn, and the President Mr. Small ..... 5. i JAYS: None 0. ! 'BUDGkT: The question of restoration of 5~ ioay 'to City employees having already been discussed, the l'mresident, 2..D.'. Sr~ll, offered the following Ordinance as an O~ergen0y ~OaS~e: ~ ~, u~D~f.~.C~ authorizing the restoration of 5% pay to nmntltly salaries of all officers and employees of the City of Roanolre, including Dersonnel of tho ~oanoke C~g,r sehoola and ~ ~ per hour to all hourly rated employees r~hose a~ual co~ensation is ~g,O00.O0 or less. (For full text of 0rdinm~ce see 0rdin~nce Dock lie. 8, FaCe 296 ). l.[r. $::m!l moved the -adoption of the ordinance. The motion ~as seconded by ;.ir. ',.imt, and adof..ted by the follo~;ing vote: - ' "~ Co::~.er : owell liinn .;~ ~2- lressrs. ;0ear, , , , and the President !.ir. 3mall---5. :(one---O. ,o~_,~.__: in ft~'ther discussion of the budget as adopted, it rms the mmnir::ous o':',inion of 3otmci! that in apl:,ropriatin.g funds for ti:.e fiscal 7ear front July 1, meosl, to jume 30, 1936, that al! der:art:::onts a~'e ex'.pected to live tyithin the budget as -~er the items as a-::.':ro-priated, and if "-" "- = __ ~.::o ~e:.~ts are e.~:ceeded ~';~thout the consent of Cou/.lcil ...... _ ==~horiz~tion for the -f..a~u.~ent o_, the overdrafts will not be U-rom further discussion of ti;e question, the Assistant Auditor advised Council that a control ledger was beiikz set u'o in the ~,uditor's office, ~';ith the idea of all requisit'; ohs being revie,,yed by that deDart:uent for certification to the Purchas- .=o~n~ as ~o unex~oended balances before 2~urchases are :,rode. it t;as tile consensus of or~inion that this -rrocedure be fo!leaved, and the City ~uditor is directed to ~-~lac, the control ledger in oz~eration at the earliest date ioossible, it being umderstood ~:_~ dep~r~;_;~_~.~ submittinc the requisition has the funds available, the purchase x':i!i be made z~ s~e nas b-can a~3-:~rov~d by the City i,.'.anager; if sufficient funds are not available in the Dartic~.~ar classification, then the.purchase x':ill be denied un- less special action is taken by Council. .mere beinS no fuz-ther business, Council adjourned to r~eet at the regular meeting hour on Friday, july 5, 1955, after %;'hich there will be no further meetings Oi~ ,'~-~,~ 1 ~_~_~ until Friday, July 26, 1955, according to statement of the President, unl{ forseen ' ~ ' ~"*'"" -'-.-'- que~tz.e~ should arise demanding the a~ention of Council. APPROVED ~ C1 e r k~TT~ President :ss un- II (¢ Il COUNCIL, RE~~ ~EETING, Friday, July 1E, 195§. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the ;,lunicipal Building, Friday, July 12, 1935, at 2:30 o'clock p. m., the early meeting hour having been designated to dispose of matters accumulated since the last meeting.of Council on Friday, June 28, 1935. PRES~2~T: Messrs. Comer, Powell, Uinn, and the President :&r. Small --4. ABSENT: Mr. Bear ..... 1. The President, Mr. Small, presiding. OFFICERS PR£SARjT: W. P. Hunter, City !.~anager. 2~INUTES: It appearing that a copy of the minutes of the previous meeting hav- ing been furnished each member of Council, upon motion of L~_r. Powell, seconded by ~. ~inn, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZ,~S UPON PUBLIC ~,IATTERS: REFbR~ OF LICENSE: Judge John :d. Hart, Commissioner of Revenue, together with M. Moharnod, dealer in rugs, appeared before Council in the interest of having license tax refunded, it being explained that ~. Moharnod has secured a State license ~mounting to $250.00 and a City license amounting to ~50.00, and after operating one day has determined he will be unable to do a profitable business in the City of Roanoke, and therefore asks that the ~mount of his license be refunded. The Com- nissioner of llevenue stated before Council it would be impossible to secure a refund for the State license except by special act of the Legislature, whereupon the Presi- dent, ],Er. Small, advised there v~as nothing Council could do under the circumstances, as the City did not issue license for experimental purposes. After further discus- sion of the question, the President advised !d. ~oharnod he n~ight discuss the ques- tion further with the Conmmissioner of Hevenue. SCHOOL BOARD: Rev. E. D. Poe, Pastor of the Belmont Baptist Church, together ~ith a delegation from the Southeast Section of the City, appeared before Council, and recommended the appoint]nent of the Rev. H. Allen Hoover as a member of the School Board, the understanding being there were two members of the Board for appointment )riot to August l, 1935, and as there had been no representative on the School Board · ,rom that section since the resignation of ~.Lr. W. M, Powell, it was the feeling of ~ ~he delegation that that section should have representation, and had endorsed the ~ev. H. Allen Hoover, ~ho represented no political faction, but was the logical per-· ~on for a place on the School Board. : The spokesmen for the delegation stated further that in endorsing Rev Hoover, ,~ it was with no thought or intent of directing any criticism whatsoever aga~ust the '~ ~resent School Board, but is simply a question of the section desiring to be repre- sented inasm_~_ch as about one-third of the school population come from that section. The President, l'dr. Small, stated that he could sympathize ~ith the thought of ~he delegation from the Southeast, but he was of the ~pinion it is generally under- ~tood the School Board members are not appointed on the basis of the various wards the City, the City Charter defining the districts as East and West, with Park ;treat as the dividing line, which in effect means three members of the Board East ,f Park Street, and three members West of Park Street, and that he felt that so far ~s the South East Section is concerned, if they wanted individual representation 358 there, that probably they should have it, but that his thought was the School Board matter of fact for the past remodeling of Schools are South East Section, and that tt might not be amiss for the delegation to make their recommendation to the School Board, as it was the feeling of Council the appointment on the School Board should be considered from the standpoint of recommendation of the School Board, and ,it was the thought the people from the 5curb .7.ast should more or less crystalize had not operated twelve months so concerned, a substantial amo,,nt from a ward standpoint at all; as a far as expenditures for maintenance and has been expended in the ,their opinion insofar as the selection is concerned. After further discussion of the question, the delegation was 'appointment would not be made at the present meeting of isideration would be given the endorsement of the people advised that the Council, and that due con- from the Southeast Section. PAHK~ M~D PLAYGROUNDS: E. J~ Quinn, President of the Jackson Neighborhood Council, appeared before Council, and presented petition signed by seven members composing tile Executive Committee, asking that the City Council purchase the Rogers, property' located in the Southeast Section as an addition to Jackson Park. The petition was endorsed by the Rev. Poe, who stated it was his thought the purchase of this property for park purposes would be one of the finest things could happen to the City of Roanoke, if done at the right time, and in the right way. In a discussion of the question the President, Hr. Small, asked if the South- east residents would be willin~ to finance the purchase by a bond issue and bear the necessary increase in taxes, to which Rev. Poe stated he thought they would. INSTRUCTIVE ~ISITING NURSES '~SSOCIATION: Mrs. T. Allen Kirk, President of the Roanoke Instructive Nurses Association, together with a committee from the associa- :tion, appeared before Council, and read a communication asking that Council appro- priate an additional sum for the operation of the Association, amounting to $2,788.50, or else take over the work now being done by the Visiting Nurses. After reading the communication, which is filed in the office of the city Clerk the President, Mr. Small, stated that Council does not feel it can undertake to as- sume all of the relief and welfare charitable activities which have heretofore been administered and conducted with funds from the Community Fund, and Council felt it had to make some distribution of available funds, but it is understood the City's appropriation to the Visiting Nurses Associatio~ is not any less than it has been in previous years; as a matter of fact there has been some increase over previous years to partially make up the loss sustained from the Community Fund, but Council don't believe it can make it all up. Mr. C. E. Michael also spoke before Council in support of the Visiting Nurses ~ssociation, stating he ~ealized the additional burdens Council has to consider, but certainly hoped in further consideration of the question that ways and means would be found to make the additional appropriation as requested. The question is carried over for further consideratimu at the proper order of business during the meeting. .~ LIBRARY: Miss Pearl Hinesley, Librarian, and I'~r. Geo. S. Shackleford, member of the Library Board, appeared before Council asking reconsideration of the budget appropriation, explaining item by ite~ why an additional $?20.00 should be appro- priated for the proper and efficient operation of the Library. Each item was dis- Cussed, and reasons being advanced as to why the individual items should be increase~ a~ detail statement being filed in support of the request for additional funds. It was the unanimous opinion of Council that the matter would be given further consideration in the regular order of business during the meeting. 'DELINQUENT TAX DEPARTMENT: Mr. M. J. Soruggs, Delinquent Tax Collector, ap- peared before Council and filed detail statement showing collections from April 1, 1935, to June 50, 1935. The report was received, end the City Clerk directed to furnish each member of Council copy of same. DELINQUENT TAX DEPARTMenT: Mr. M. J. Scruggs, brought before Council request for change of salary for secretary in his departraent, his previous request having been changed, and the amount of the request added to the Stationery Item. He was advis-~' ed to confer with City Manager Hunter and see what could be done in straightening out the matter. PETITIONS ~,ID COM~,~UNICATIONS: KIND WORDS: A communication from Helen Hilton thanking Council for considera- tion extended in the passage of the Budget for fiscal year beginning July 1, 1935, was read before Council. The communication is filed. BONDS FOR EMPLOYEES: A communication from E. R. Combs, Chairman of the Corn- pensation Board, with reference to bonds for employees in the office of the City Treasurer, was before Council. There being no objection on the part of Council, the communication is referred to the City Attorney for such con~ments and recommendation as he has to make. C~,~SATION BOARD: A communication from E. R. Combs, Chairman of the Compensa- tion Board, declining to participate in the 5 % increase in pay of employees in the office of the City Treasurer, Attorney for the Commonwealth, and Commissioner of the Revenue, was before Council. The City Clerk is directed to forvJard copies of the letter to the City Treasurer, the Commissioner of Revenue, and the Commonwealth Attorney, for such co~ments as they may have to make, and probable discussion with Council at its next meeting. BANDS: A communication from the Roanoke Central Labor Union, R. E. Hill, Chairman Parade Committee, requesting that the City Council of Roanoke sponsor a band for the Labor Day celebration parade to be sponsored by the Roanoke Central Labor Union, ~'~as before Council. The letter is referred to Prof. W. H. Burr, direc- tot of the Roanoke Community Band, to ascertain if he can give the City any assis- tance on this occasion. BANDS: A communication from 0. W. Dilworth with reference to publishing a musical journal, proceeds from said publication to go towards financing a municipal band for the City of Roanoke, was before Council. The City Clerk is directed to advise I,~. Dilworth that Council will be glad to have him explain his plan at the next meeting of Council on July 26, 1935. LIBRARY BOARD: A letter from Mr. J. B. Fishburn tendering his resignation as ~ a member of the Library Board, was before Council. By unanimous consent of Council the resignation is accepted, and the City Clerk is directed to acknowledge receip~ ~ of the communication and to advise the resignation is accepted, with regret, and to express the a~prectation of Council for his long and faithful service as a member of the Library Board. The City Clerk is also directed to ask the Library Board to submit a name for successor to Mr. Fishburn. PENSIONS-CONFEDERATE: A communication from E~s. T. T. Parrish, Acting Chairman of the Pension Board for Confederate Soldiers and their widows, was before Council, 339 340 expressing the appreciation of the members of the Confederate Pension Board for Ooun, 'milts action in continuing the fund for veterans and widows of Confederate soldiers. The communication is filed. CROSS-OVERS: A communication from K. B. Hollt4 making application for permit to Construct a concrete cross-over Was before Council, the City Manager I M~. ~tnnmoved that the recommendation Offered the following resolution: 'i {~4554) A RESOLUTION granting a permit to accommodate property at 809 Salem Avenue S. W., recommending the permit be granted. of the City !.~anager be concurred in, and tO K. B. cross-over. Hollie to construct certain ( For full text of Resolution see Ordinance Book No. 8, page 301 ). On motion of ~Lr. Comer the resolution was adopted by the following vote: AYES: Messrs. Comer, Lowell, Winn, and the President ~dr. Small--4. · ~,:~: None ..... O. (Mr. Bear absent) CROSS-OVERS: .~ communication from John B. Oliver making application for permit to construct a concrete cross-over to acconLuodate property at 305 Marshall Avenue, to be located on the ,est Side of 4th Street app~.oximately 120 feet south of Marshal] Avenue, was before Council. The application is referred to the City Manager for in- vestigation, report a~i rec~amendation. ROANOKE LATER ,0~KS C0~LP~NY: Application from the Roanoke ~Jater Lorks Company for parfait to open street at L~aryland ~venue East from 13th Street ~. W., for the purpose of laying 8 inch main a distance of 600 feet, and a permit to open street at 2nd Street,~.~' ~.", between i~atton Avenue and Harrison avenue, N. E., for the put- pose of laying 2 inch main a distance of 300 feet, was before Council, the City Manager recom~aending the peri, it be granted. L~r. lowell moved the reconnaendation of the City ~.:anager be concurred in, and offered the follo~;'inc resolution: (~r4555) .~ P~ESOLUTION to grant permit to the Roanoke Water 'Jerks Company to lay certain water mains. ( For full text of Resolution see Ordinance Book No. 8, page 301 ). The motion ;~as seconded by idr. ~inn, and adopted by the following vote: AYES: Messrs. Comer, Powell, ~Jmnn, and the President, ~Lr. Small --4. NAYS.. None ..... O. GASOLINE STORAGE TANKS: A communication from S. I. Wigmore, Proprietor of the State Brake & Lubrication Company, making application to ir~tall a ten thousand gallon underground storage tank on the premises at 33 E. Tazewell Avenue, was before Council, it being understood that the proposed installation does not contemplate the storing of inflamable or explosive liquids at the present time, but is to be con- · tructed and installed with the thought of using same for storing gasoline or other inflamable liquids at some later date after inspection and permission to use same by authority of the City Manager. ! " The City Manager recommends the-permit be granted under the condition as speci- fied, whereupon on motion of LLr. Powell, the recommendation of the City ~anager is concurred in, and offered the following resolution: ~I: (~556) A RESOLUTION granting a permit to the State Brake and Lubrication Company to install certain storage tanks. ( For full text of Resolution see Ordinance Book No. 8, Page 301 ). The motion was seconded by .Mr. Comer, and adopted by the following vote: AYES: Messrs. Comer, Fowell, Winn, and the President, ,.Mr. Small --4. NAYS: None ..... 0. GASOLINE STORAGE TANK: A communication from S. H. Hoge, Jr., making tion to side of South Jefferson Street opposite the entrance to the Fair Grom~ds, Council, the City Manager reoommending the permit be granted. Mr. Comer moved the coneurrance of the City Manacer, and offered resolution: (~455~ A RESOLUTION granting a pe~it to S. H. Hoge, Jr., to gasoline tanks. ( For full text of Resolution see Ordinance Book No. 8, page 302 1. The motion was seconded by I:~r. Winn, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, and the President LIr. Small --4. NAYS: None ..... 0. CITY TREASUH~: C. R. Kennett, City Treasurer, appeared before Council and presented report for the month of June, 1935, shoving total collections for the month 1934, applioa- install a 13,000 gallon underground storage tank on lot located on the East-- was beforel 'i the following install certain of June as $256,922.70, as compared to $286,716.50, for the same month of and collections for the year 1935, as of July 5th, bein~.~ $605,782.13, as com- pared with the same period of 1934 of $561,841.23, or an increase of $43,940.90. The report is filed, and the City Treasurer asked to furnish Council statement show- lng percentage of 1933 real estate taxes outstanding as compared with the original levy, said statement to be furnished Council at its next meeting on July 26, 1935. PURCHASR;G AGE~: A communication fr~n Mr. P. H. Tucker, Purchasing Agent, advising the appointment of i.liss Mary Calvert Craig as stenographer in his department, was before Council. The communication is filed. SEWER ASSESS~,IENT: A communication from H. L. Lankford asking for refund of in- terest on Sewer Assessment, was before Council. The Question is referred to the City Clerk for investigation and to bring before Council at a later date. ~ AIRPORTS: A communication from the Richmond Aero Club, together with proposed Resolution for adoption of Councils of cities throughout the State was before Council. The communication is filed without action. PURCHASING AGF~IT: A communication from Mr. P. H. Tucker, Purchasing Agent, ask- ing that budget for his department be amended in order to permit the purchase of a typewriter table, said expenditure to be made from present appropriation, but to be reclassified. The City Manager recommends that this be done, and the Question is carried over for adoption of the proper measure in the regular order of business. BONDS ROANOKE RAILWAY & ELECTRIC C0I~PANY: A letter frcm the Saint Paul Indemnity Company, notifying the cancellation of Bus Franchise Bond No. 32778, was before Council, the City Clerk advising he had been unable to identify this bond as having any connection with the Safety Motor Transit Company, or the Roanoke Railway and Electric Company. The City Clerk is directed to confer with ~dr. Horn of the Rosnoke~ Railway & Electric Company, and report his findings to Council at its next meeting. ' SCHOOL BOARD: Communication from J. S. McDonald, Clerk of the School Board, advising it will not be necessary to call on Council for any part of the $5,000.00 Shown in the previous budget as a duplicate charge. The letter is filed. KIND WORDS - CHAMBER OF CGM~RCE: The following letter of commendation from the Chamber of Commerce was read before Council: -Dear ~gr. Mayor: At a meeting of the Directors of the Chamber of Commaroe today reference was made to an item appearing in the Roanoke Times umder date of June 30th, under the caption "City Ends Year With A Balance" and I was requested by our Directors to express to The council appreciation for the favorable showing of the fiscal affairs of the City as related. Yours sino erely, ( Signed ) B.F. Moomaw, Secretary." The letter is filed. ~and in the Police Department as Police Radio Operators: REPORT OF CITY MANAGER: The City Manager presented report of work accomplished expenditures for week ending June 27, 1935. POLICE RADIO - APPOINTM~ ENTS: The City Manager reported the following appointmex "I wish to report the following appointment in the Police Department. Joe M. Francis, Age 26, entered the service in the Police Department as Radio Operator on July l, 1935. James D. Sink, age 21, Operator on July 2, 1935. entered service in the Police Department as Radio Respectfully submitted: ( Signed ) %;'. P. Hunter, City Manager." ROANOKE HOSPITAL: The City L~ianager presented report of the City Physician showing City patients treated at the Roanoke Hospital for the month of June, 1935. The report is filed. C0~'iISSIONER OF RE~.,~UE: Report from the Conmmissioner of Revenue for month of May 1935 sho~'~ing summary of all licenses for the City of Roanoke was before Council. The report is filed. REPORT OF THE CITY ATTORIfEY: REFLE~DS ~'~ID REBATES: A written opinion from City Attorney R. C. Jackson with reference to request of S. C. Doss for refund of storage charge of $15.00 assessed against him when City took possession of his car and held same as evidence in the prosecution for homicide, was before Council, the City Attorney giving as his opinion that the City was without authority in its stand, and the amount should be refunded. The matter is referred back to the City Attorney for the proper resolution of refund, and also draft of suggested ordinance for imposing storage charges on vehicles stored on City property. REPORT OF COMMITTE~S: None. UNFINISH~ BUSINESS: None. CONSIDEFtATi0N OF CLAII.tS: None. INTRODUCTION ~J~D CONSIDERATION OF 0RDIN~NCES J~ND RESOLUTIONS: CITY PHYSICIAN: The Question of payment of medical treatment and supplies as carried in the Budget, ~as again before Council, the City Clerk having been pre- viously directed to prepare Resolution to pay the City Physician and other Doctors ~on the same basis as heretofore, Mr. Winn offering the folloEing Resolution: (~4558) A R~-SOLUTION authorizing payment of Physicians employed by the City of Roanoke for period from July 1, 1935, to December ~1, 1935, inclusive. ( For full text of Resolution see 0rdin, nce Book No 8, page 302 !M~r. Comer, and adopted by the following vote: :~ AYES: Messrs. Comer, Powell, Winn, s~ud the President ~ NAYS: None .... 0. M~. Winnmoved the adoption of the Resolution. The motion was seconded by Small --4. SK~'ER ASSESS'-~b~.~T: ~Lr. J. C. Martin having paid sewer assessment and interest ;S remitted, fered the as authorized by Council following resolution: at its meeting on June 14, 19~5, Mr. Powe11 of- (~4555) A RESOLUTION to remit interest on sewer assessment in name of ~I. H. Horton, James C. Martin and J. J. Martin known as Lot 18, Section 26, Dean~od rerrac e. ( For full text of Hesolution see Ordinance Book No. 8, Page 503 ). Mr. t'owell moved the adoption of the Hesolution. The motion was seconded by Comer, and adopted by the following vote: AYES: Messrs. Comer, Powell, 7Jinn, and the President Ntt. Small --4. NAYS: None .... 0. STRFIET ABANDONi4E?~T: The question of abandoning and closing a portion of 22nd Street S. ¥;., and releasing same to the Highland Company, and referred to the City Attorney for preparation of necessary papers was before Council, I~M. Comer introduc- Ing the following Ordinance for its first reading. The motion was seconded by LLr. ~inn, and unanimously adopted: (~d456Q A~ ORDINANCE abandoning and closing a portion of the boulevard, sometimes ~nown as 22nd Street, O. W., and providin~ for a release by the City of Roanoke to ~he Highland Company, Incorporated, Of the City's rights and interest therein as a ~ublic thoroughfare. WHEREAS, in the year 1932 the Highland Company, Incorporated, deeded to the City ~f Roanoke several parcels of land necessary for widening the boulevard, sometimes ~nown as 22nd Street, S. W., upon consideration of the City of Roanoke discontinuing ~nd abandoning a snmll portion of the boulevard hereinafter described as a part of the oublic street, and releasing and quitclaiming to the Highland Company, Incorporated, ~ll right, title and interest in said portion of land as a part of the boulevard. IT IS, THF~REFORE, 0RDAIN~ZD by the Council of the City of Roanoke that all right, ~itle and interest of the City of Roanoke in said portion of land, a part of the )oulevard as and for a public street or thoroughfare, be, and the same is hereby ~bandoned and discontinued; said parcel of land beihg described as follows: BEGI[~.~ING at a point on the southeast corner of West Avenue and the Boulevard (sometimes known as 22nd Street, S.W.I; according to the map of the Riverview Land and Manufacturing Company dated February 1889, (said point being the subtangent corner of. Lot 9, Block 44 of the above mentioned map); thence follo~dng the west line of Lot 9, Block 44, an arc distance of 152.5 feet to a point on a 12 foot alley, said point being the intersection ~ith the new east property line of the Boulevard, or 22nd Street, as it was re-located January 5, 1932; thence with the east property line N. I deg. 54' W. 158.08 feet to the point of intersection with the south property line of ~.'est Avenue extended; thence ~Jith the south property line of West Avenue extended S. 73 deg. 35' E. 24.63 feet to the place of Beginning, containing 266 sq. ft. more or less, and being all that parcel of land lying between the east property line of the Boulevard as re-located in 1932 ~_nd the east property line as shovm on the Riverview Land and Zanufacturing Company map and between the south property line of West Avenue and the north property line of the 12 foot alley in Block 44, paralleling West Avenue. ~tll bearings referred to the L~eridian of the Official Survey. See plan 2381-L on file in the office of the City Engineer, Roanoke, Va. the Highlaud Company, Incorporated, in order to keep its recorded title regular, desires a Deed of Release from the City of its easement in and over said parcel of land for public purposes; and, UHEREAS, such Deed of Release bas been prepared and presented to Council for inspection and approval, and the Council having inspected the deed and approved the same, it is~, therefore, of the Council be, and they are hereby authorized and directed to properly execute said Deed and deliver the same to the Highland Company, Incorporated. The. ordinance is ~lMd over. further ordained by the Council that the Mayor and Clerk. $44 DOG INOCIILATION: The Question of inoculation annually of dogs in the City for the prevention of rabies, and referred to the City Manager for consultation with the City Health Officer, was again before Council, the City Manager recommending proposed Ordinance to control the spread of rabies, whereupon I:,'r. Comer introduced the following Ordinance for its first reading, the motion being seconded by htr. ..~tnn, and unanimously adopted. (~4561,~' AN ORDIN,hNCE to control the spread of rabies, requiring dog owners confine their dogs during the unusual prevalence of rabies: to confine dogs known to have bitten any person; to destroy mad ~fixing the duties of the game warden and fixing dogs and dogs a penalty for bitten by mad dogs; violation thereof. BE IT ORDA~ED by the Cou_ncil of the City of Roanoke that: Section 1, ~uarantine of Dogs. Upon proof that a mad dog is at larg~ and has bitten other dogs or whenever rabies shall become unus,:_ally prevalent among dogs of .this city or any portion thereof, the Health Officer is hereby authorized to require the owners of all dogs therein to keep the same securely confined on their premises for a period of at least forty-five days. Section 2. Dogs kno~':n to have bitten any person to be confined. The owner of any aog known to have bitten a person shall keep said dog securely confined for a period of at least two weeks (14 days] from the time such person was bitten in order that the dog may be observed from time to time for the development of the symptoms of rabies. Should the dog develop symptoms of rabies and die or be killed, the Health Officer shall cause the head of this dog to be examined for evidence of rabie.~ Should the o~mer so request, dogs may be confied in the city dog pound. Section 3. Certain dogs to be killed. On proof that any dog is mad, or has been bitten by a mad dog, the llealth Officer shall order that the dog be killed. If it is believed that such dog has been bitten by a ~ed dog but the proof is not suf- ficient, the Health Officer shall order the owner to confine it for observation. However, at the discretion of the Health Officer, the owner of a dog bitten by a mad dog may be given the option of having his dog given prophylactic rabies vaccine and keeping the dog in solitary confinement for a period of at least six months. It shall be unlawful for the ovmer of any dog ordered to be killed or held in isolation for observation to conceal him or cause hlm to be concealed to prevent the order bein~ executed. Section 4. Duties of Game Warden. It shall be the duty of the Game ~arden for i the City of Roanoke, in addition to the duties as set forth in "The Game, Inland Fis~ and Dog Code of Virginia'* to investigate the circumstances of the biting of persons by dogs; to see that dogs are confined, as ordered by the Health officer, and from time to time observe these dogs for the appearance of symptoms of rabies; to kill or keep.~ in isolation until death, all dogs known to be made or ~spected of being made; to see that all dogs bitten or believed to have been bitten by a mad dog are killed or securely confined; to secure heads of dogs, kno~m to be or suspected of being ~mad, for laboratory exaraination and to deliver same to the laboragor¥ and to assist the Health officer generally in the enforcement of this ordinance. '~ The provisions of this ordinance shall apply to cats and other animals suscep- table to rabies as well as to dogs. ii PFJ'IALTY: Any person convicted of the violation of any provision of this ordinance shall be fined not less than five (5} nor more than one hundred (100} ~ollars. 345 The ordinance is laid over, and the City Clerk directed to forward Mrs. D. M. Remsberg, copies of Civic Chairman of the Roanoke Woman,s Club, copy of same, together with letters from authorities on same, as filed with the proposed ordinance - The question of purchasing PURCHASE OF PROPERTY - C. & P. TELEPHONE BUILDING: the old telephone building located at 319 Second Street S. ~;., was brought before Council by the President, Mr. Small, end after a discussion of the ~uestion, ~r. Ninn offered the following ordinance for its first reading. The motion was seconded by Mr. Powell and unanimously adopted. (~456Z) AN 0RDINA/~CE to authorize the purchase of property located at 319 Second Street S. W., knovm as "the old telephone and conditions for such purchase. building" and to authorize terms BE IT 0RDAINE/) that the offer of the Chesapeake and Potomac Telephone Company of Virginia, contained in letter dated June 19th from General Manager Weber, to sell the City of Roanoke the building and lot located at 319 Second Street S. W., for the sum of $37,500.00, net to the Telephone Company, be, and the same is hereby accepted, and BE IT FURTHER 0RDAII,~ that the su_m. of 97,500.00 be, and is hereby appropriated out of the General Fund of the City for initial payment, and BE IT KJRTHER ORDAINED that the City Solicitor be directed to prepare necessary mortage and deed of trust covering remaining payments therefor, viz: $30,000.00 at the rate of $5,000.00 per annum, evidenced by six notes in equal sum, interest payable annually, the first two notes to bear interest at the rate of J percent per annum, the second two at the rate of 3~ percent per annum and the last two at the rate of ~ percent per annum. The ordinance is laid over, and referred to the City Attorney for examination, and final preparation of necessary papers for cunsummation of'the deal. BUS LINES-FREIGHT: Notice of application of the Rutherford Freight Line, Inc., to the State Corporatiou Commission of Virginia for extension of freight motor vehicle service between Marion and Richmond via Roanoke and Fermville was before Council, Idr. Winn offering the following Resolution: (~4563i A RESOLUTION adopted by the Council of the City of Roanoke, Virginia, in a regular meeting, the 12th day of July 1935. ( For full text of Resolution see Ordinance Book No. 8, Page . 304 ). Mm. Winn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the follov~ing vote: AYES: Messrs. Comer, PoweLl, Winn, and the President Mr. Small--4. NAYS: None ...... 0. BUDGET-PURCHASING AGENT: The Question of a~nding the budget to permit the Purchasing Agent to purchase typewriter table was again before Council. ldr. Comer offering the following as an emergency ordinance: (#&565) AN ORDINANCE to amend and reenact Section #10, "Purchasing Agent", of an ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th day of June, 1935, /~4547, and entitled, "An Ordinance making appropriation for the fiscal yearing beginning July 1, 1935, and ending June 30, 1936." ( For full text of Ordinance see 0rdin-nce Book No. 8, page 306 ). Mr. Comer moved the adoption of the ordinance. The motion was seconded by Mr. Powell, and adopted by the following vote: 346 AYES: Messrs. Comer, Powell, W~nn, and the President Mr. Small --4. NAYS: None- ..... O. BUDGET-LIBRARY: The question of amending the budget to provide for additional i funds for the operation of the Library as Board was again before Counoil, 1~. Powoll reque st ed offering i!ordinanoe: by committee from the Library the following emergency ~ (~4565) AN 0RDINANOE to emend and reenact Section 105, ~,n~_ _ Ordinance adopted by the Council of the City of Roanoke, iday of June, 1935, i4547, and entitled, "An Ordinance making appropriations ~fiscal year beginning July 1, 1935, _-nd ending June 30, 1936." ( For full text of Ordinance see Ordinance Book No. 8, Page 305 ). ~&r. Powell moved the adoption of the Ordinance. Mr. Comer, and adopted by the following vote: "Public Library~, of Virginia, on the ESth, for the The motion was seconded by AYES: Idessrs. Comer, l'owell, Winn, and the President Mr. Small --4. NAYS: None ...... 0. ~r. Comer offered the following ordinance: (#4564) AN 01LDINANCE to amend and reenact Section ~59, "Contributions to Private Agencies and Hospitals", of an ordinance adopted by the Council of the City of lloanoke, Virginia, on the 28th, day of June, 1955, ~4547, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1935, and endings June 30, 1936." ( For full text of Ordinance see Ordinance Book No. 8, page 304 ). Mr. Comer moved to adopt the ordinance. The motion was seconded by i, Lr. Powell and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, and the President ~.Lr. Small --4. NAYS: None ..... 0. CONTRIBUTION [~RY LOUISE H0!,~E: The question of maki~ contribution to the Mary Louise Home was before Council, Idr. Winn offering the following resolution: (#4566i A RESOLUTION appropriating $100.00 to the lJary Louise Home for the month of ~ugust, 1935. ( For full text of Resolution see Ordinance Book No. 8, page 306_ ). Mr. Winn moved the adoption of the Resolution. The motion was seconded by 1.~. Comer, and adopted by the following vote: AYES: Messrs. Comer, Powell, i'linn amd the President L~.ro Small --4. ~ NAYS: None ...... 0. MOTIONS Al.ID NLISCE!.1.ANEOUS BUSINESS: RADIO POLICE CARS: The President, Mr. Small, brought to the attention of Council and the City Manager the lack of proper warning Cars. report to signals on the Radio Police The City Manager is directed to investigate the question and bring back Council as to the best type of warning signal with which the cars should equipped. REFUNDS AND BMBATES: The City Clerk reported his investigation of the request o! the Farmers and Merchauts Credit Corporation for remittance of interest and penalty on taxes for Lot l, Block l~, Le~is Addition. The question is referred to the City Attorney for opinion as to the City's responsibility in the matter. ~! There being no further business, Council adjourned to meet again on July 26, i935.. APPROVED COUNCIL, REG[~XR MEETING, Friday, July 26, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Courl; Room, in the Municipal Building, Friday, July 26, 1935, at 3:00 o'clock p. m., the regular meeting hour. I'RMs;~2(T: Messrs. Bear, Comer, Powell and Winn---4. ABS~T: The President, L~. Small ................ 1. The Vice-l:resident, L~r. Comer, presiding. OFFICERS PRES~-JT: ~r. W. P. Hunter, City },~anager. I..I~TEo. It appearing that a copy of the minutes of the previous meeting hav- ing been furnished each member of Council, upon motion of l.:r. Winn, seconded by Mr. Powell, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZenS UPON PUBLIC ~LATTERS: Club, DOG INOCULATION: Mrs. D. Remsberg, Civic Chairman of the Roanoke Woman,s together with a committee from the' Woman's Club, appeared before Council in opposition to the proposed ordinance submitted by the City Manager and Health Officer at a previous meeting, and introduced for its first reading, as drawn. Mrs. Remsberg ~ead before Council a paper approving certain phases of the ordinance, and asked tha~ the ordinance be amended to include vaccination of dogs mandatory. After further discussion of the question, Council recessed to confer with the firs. Remsberg, Mr. Bear ouncil was not present, iiealth Officer, after which Dr. Ransone explained in detail conclusions reached after ~xhaustve study in the drafting of the Ordinance, it being the contention of the ~ealth Officer that vaccination of dogs for rabies had not proven effective. After ~urther presentation of verbal statistical data both pro and con by Dr. Ransone and moved that in view of the fact that a full membership of and there seemed to be some difficulty in arriving at a ~utual understanding, that further consideration of the ordinance be delayed nntil a ~ater meeting. The motion was seconded by ~,Ir. Winn, and unanimously adopted. VOTING LIST: C. E. Ballou appeared before Council and presented list of names he purported had been certified as paying poll taxes prior to the closing date of May 4th as required by law, although the tax returns showed they were not assessed n~til after the final date for payment in order to qualify to vote. ~Lr. Ballou stated there were other names similarly certified which would be produced by going back and making a recheck. He asked that Council go into the matter to see if he ~as right or wrong. The matter is referred to the City Treasurer, who appeared before Council, and denied that any person's name had been certified for the voting list who had not paid their poll taxes prior to the final date as required by law, explaining it was not unusual to find that a number of persons each year pay poll taxes but do not make out tax assessments in the Commissioner of Hevenue,s office, it being the practice ,when such applicants appear to pay poll taxes that the money is accepted, and at the same time referred to the Commissioner of Revenua, s office to fill out the form for proper assessment. F. E. R. A. Major P. B. Day, District ~orks Progress Council and ~utlined the future program of federal relief, Director, appeared before which he explains substi- 348 tutes UPA for VERA, and at the same t~ne presented Council with individual reports showing VERA expenditures for period from May 18, 1954, to July 18, 1955, showing total expenditures of $496,059.77, of which the City of Roanoke has expended 10%. It was pointed out that 'from the relief rolls to the employment !which common labor will receive $33.00, professional $68.00, under the new set-up all employees will be transferred list, and will work 140 hours per month for intermediate $48.00, skilled $62.00, and regardless of past practice of budgetary allowance for size of families. to provide It was further stated that under the new set-up it would be necessary new projects to take care of approximately 924 additional persons, there now being 1818 available employees, with present projects providing for only 894 ipersons. During the discussion the City Manager stated to provide work for the additional employees would just about triple the city's cost, to which Major Day explained that as many of the men as possible would be used on ;;]PA projects, and the 'City would only be required to furnish materials to keep the men employed at such · times ';,PA work was not available, and that such materials of whatever nature furnish~ ed by the City could be added to the cost as the City's proportion of the cost, mentioning particularly that the City could furnish rock from its own quarry as its proportion of _materials. The report is received and laid over for later consideration during a full membership of Council. C!~ TRV~ASURER: City Treasurer, C. R. Kennett, appeared before Council and pre- sented report showing total land levy for 1933 was $1,372,747.43, of which $1,254,854.20 had been collected, leaving $117,893.23 uncollected, or 91.41% collect. ed, and 8.59% uncollected. The report is filed. B~DS: ".Mr. Oliver W. Dilworth appes_red before Council and explained his proposal for the publishing of a musical journal, the proceeds from which would be used for the financing of a mu_nicipal band for the City of Roanoke. He stated he was asking for no contribution, but asked only for the friendship and moral support of Council. PETITIONS ~ND C0- '~[ICATIONS: P~1~0N - D. Li. PRILLAMAN: A communication from ~. W. M. Mullins, Chief of the Fire Department, requesting that D. ~,.~.. Prill_~msn, a member of No. 8 Engine Company be placed on pension, because of mental infirmity, as provided for in Section l, Class A of the Pension Ordinance. The communication is referred to the Pension Board for investigatio~ and report PURCHASE OF PROPERTY - PARKS AND PLAYGROUNDS: A cc~munication from C. S. Spindl~ ~ Company, offering for sale to the City of Roanoke property known as "Buena Vista", the home place of the late Captain and Mrs. ~. M. Rogers, to be used for a park and playground, the price asked being $40,000.00, was before Council. The communication is referred to the City ~',ianeger for further consideration. BONDS: A communication from the Roanoke Railway and Electric Company, advising :that the Bond held by the Saint Paul-Mercury Indemnity Company, heretofore before Council, was given the State Corporation Commission covering bus operation outside ,the City of Roanoke. The communication is filed. i ELECTRICAJ~ INSPECTION: A communication from Mrs. Ruth E. Sheehan, 111 ~iinona 4venue, complaining of the Electrical I~pector*s refusal to issue permit to have electric meter moved. Mr. O. C. Turner, an electrician, who has the contract for electrical work for Mrs. Sheehan, appem"ed in con~ection with the m~tter and vtgorou: ly told it was impossible for Council to violate its own ordinances. The City Clerk is directed to acknowledge receipt of Mrs. Sheehan,s letter, and enclose copy of th, Electrical Ordinance for her information. STREET IMPROV~I',ENT: A petition, signed by five 14th Streets. asking for improwement of said street was before Council. is referred to the City Manager for report and recommendation. attacked the present ordinance covering electrical permits and inspection, and wgs o~ Essex Avenue property owner~_2~oetween 13th and' The pe tit KIND iJORDS: A communication from L. E. Lookabill clarion to Council for its foresight Company building was before Council. expressing thanks and appre- in the purchase of the C. & 17. Telephone The City Clerk is directed to acknowledge receipt of the communication, and express Council's thanks for same. FREE ~HLK FIE{D: A communication from a committee, headed by Mrs. Frances S. ~,'omack, Chairman, of the Free Milk Fund, expressing appreciation and thanks for Council's action in including an appropriation in the Budget for the Free Milk Fund, v~as before Council. The communication is filed. BOY SCOUTS: A communication from the Roanoke Cou_ncil Executive Board, by H. Travis Thompson, 0ecretary, endorsing a movement ,for the sponsoring of a swimGning pool for the colored people in one of the parks, was before Council. The communica- tion is referred to the City Lanager for later consideration. SEWER ·~"~'~'~ .... '~ '~ ~o,..oo~.~:2: ~ communication from C. L. Watkins, City Engineer, advising of an erroneous assessment for sewer laterals, against Atlanta J. McCby, was before Council. The City Clerk is directed to investigate the matter, and if found proper to bring resolution before Council for consideration. C0~[PLAIHTS: A petition signed by colored residents on 9th, Avenue N. :J., corn- plaining of disorderly conduct by persons occupying dwellings at 242 and 244 - 9th Avenue N. -;J., was before Council. The petition is referred to the City Lianager for ihandling as seems best under the circumstances. REPORT OF OFFICERS: REP0,RT OF CITY L:ANAGER: The City Manager presented report of work accomplished and expenditures for the weeks ending July 4th, llth, and 18th, filed. ~0RT OF THE CITY ATTRONEY: 1935. _.he reports are ~;D ~d~D REB.~T~. ~ report from the City .~ttorney with reference to refund ~f automobile storage charge against $. C. Doss, was before Council, the City Attorney Eiving as his opinion that the refund should be nmde, as the City is without juris- ~ diction in making the assessment. The City Clerk is directed to prei~re the necessary ~esolution authorizing the refund for Council's consideration at its next meeting. lt~FLND ~d~D REBATES: A report from the City Attorney ~ith reference to request )f the Farmers & Merchants Credit Corporation for refund of interest and penalty on ~axes for Lot l, Block lA, Lewis Addition. to be applied against taxes, was before uncil, the City Attorney giving as his opinion that the credit should have been graven on the 19~3 taxes as directed by order of ~he Hustings Court. The City Clerk is directed to prepare the necessary resolution authorizing the refund and credit, ~nd present same to Council for further consideration. REPORT OF COMMITTEES: STREET ~.~IDENING: A ccmmmittee composed of Messrs. Bear, Comer, and Hunter, for ,urposes of viewing land proposed for .the opening, straightening and widening of Sreenbrier Avenue through Grandin Cour2.Annex, made the following .report: 350 *At the meeting of the City Oouneil on F~iday, ~une 21, 19~5, a committee ~onsisting of Messrs. ~amea A. Bear, J. W. 0cruet, 0ouncilmen, and W. P. Hunter, City Manager, was appointed to view the land proposed for the opening, straightening and widening of Greenbrier Avenue through Grandim 0curt Annex. This committee went on' the ground with the City Engineer and viewed each piece of property and then invited all property owners to meet with this committee in the Council Room bm July ~Srd at 10:00 a.m. An agreement has been reached with the following property owners for land needed for this improvement; J. T. Boeock J. E. Roberts J. T. Wingfield H. C. Charlton Mercantile Finance E. R. Johnson Company "The listed below are the property ovmers with which no agreement has been reached: Lera Smith E. W. Mitchell M. D. Stone :'~. F. Carter Ruth Hyde Holcomb C. J. Snead Diamond Realty Corp. C. E. Holcomb "The committee further reco~aends that a proper resolution be passed by the the City Council declaring the purpose of the City to acquire the property by purchase and appoint a committee to confer ;~ith the land owners with a view to ascertain whether a price can be agreed upon with the property owners for land needed to open and widen Greenbrier Avenue in Grandin Court Annex, from the City Limits to Fishburn Park, and report back to Council. ( Signed ) Jas. A. Bear, J. W. Comer, ~! -. P. Hunt er, On motion of ~.ir. Winn, and duly seconded, the report is received, and the City Attorney directed to prepare proper resolution to can-y into effect the terms of the report, and that the present committee be continued for same. UNFinISHED BUSINESS: None. CONSIDERATION OF CI~LIZ~S: None. Ii~RODUCTION ~,iD CONSIDE~iTI01~I OF ORDINANCES f~D RESOLUTIONS: R0~NOKE GAS LIGHT COMPAifY: Application from the Roanoke Gas ~_ght Company for permit to open street to install one ~ inch gas rmin in Salem Avenue S i'i , between 17th and 18th Streets 150 feet on the South side from 1721 to 1731 to a dead end, and one 4 inch gas main in Rorer Avenue o. ,,., '~ ~' from 2003 to 2016 West 300 feet, was before Core, oil, the City Manager recommending the pe~d. ts be granted, whereuoon Mr ~inn moved the concurrance of the City Manager,s recommendation, and offered the ~.: following resol.ution: (~4568) A RESOLUTION granting permit to the Roanoke Gas Light Company to ~install certain gas mains. ( For full tez-~ of Resolution see Ordinance Book No. 8, page 308). Mr. Winn moved the adoption of the Resolution. The motion was seconded by Bear, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn and the Vice-President ktr. Comer ---4. NAYS: None ...... 0. " CROSS-OVER: Application of W I?'. Ridgeway for permit to construct cross-over to accommodate property at 415 Albemsrle Avenue S W., was before Council, the City Manager recommending the permit be granted. .kLr Winn moved that Council con- cur in the recommendation of the City Manager, and offered the following resolution: ~ (~4569) A RESOLUTION granting a permit to W W Ridgeway to construct Oross-over. ( For full text of Resolution see Ordinance Book No. 8, Page 309. .). a certain Mr. Wi~ moved the adoption of the resolution. The motion was seconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, and the Vice-President Mr. Comer ---4. NAYS: None ...... O. CROSS-OVER: Application of D. R. Armentrout for permit to construct cross-over to accommodate property at 566 Arlington Road, Raleigh Court, was before Council, the City I,Ianager recommending the permit be granted. Mr. Powell moved that Council concur in the recommendation of the City Manager, and offered the following resolu- tion: (~4570) A RESOLUTION granting a permit to D. R. Armentrout to construct a certain cross-over. ( For fUll text of Resolution see Ordinance Book No. 8, Page 30.9_). Mr. Po~ell moved the adoption of the Resolution. The motion was seconded by ¥1inn, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, and the Vice-President M~r. Comer--4. NAYS: None ..... 0. CROSS-0VE~R: An application from L. D. James for permit to construct a concrete cross-over to acconnuodate property at 570 Arlington Road, Raleigh Court, vas before Council, the City Manager recommending the permit be granted. ~. Powell moved that Council concur in the recommendation of the City Manager, and offered the following resolution: (#4571) A RESOLUTION granting a permit to L. D. Jmnes to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, Page 309). M~. Powell moved to adopt the resolution. The motion was seconded by Mr. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, and the Vice-President Mr. Comer ---4. NAYSi None ....... 0. CROSS-OVER: The City Manager recommends that application from J. B. Oliver for :: 0ermit to construct concrete cross-over to accommodate property at 364 Marshall ~ Avenue S. W., heretofore referred to h~n, be granted. '.ELf. Winnmoved that Council concur in the recommendation of the City Manager, end offered the fol!ov~_ng re~olu- (~4572) A RESOLUTION granting a permit to John B. Oliver to construct a certain ~ross-ovel~ , ( For full text of Resolution see Ordinance Book No. 8, page 310). ~. 7iirm moved the ad6ption of the resolution. The motion was seconded by I~'. Powell, and adopted by the following vote: AYES: !~.Iessrs. Bear, Powell, Winn and the V'ice-President ~'..~. Comer--4. NAYS: Non e ...... 0. STR~--'~ CLOSING: The following ordinance providing for the abanclor~ng and clos- ing a portion of the boulevard, sometimes known as 22nd Street S. ~I., having been >reviously introduced, read and laid over, was taken up and again read: (#4560) AN ORDINANCE abandoning and closing a portion of the boulevard, some- ~imes kno~m as 22nd Street ~. W., and providing for a release by the City of Roanoke ~o the Highland Company, Incorporated, of the City's rights and interest therein ts a public thoroughfare. 351 352 For full text of Ordinance see Ordinance Book No. 8, Mro Bear moved the adoption of the 0rdinenoe. The motion was seconded by ~r° ~inn, and adopted by the followin~ vote: AYES: Messrs. Bear, Powell, Winnmand the Vice-President Mr. Comer --4. NAYS: None ..... 0. PURCHASE OF PROPERTY: The following ordinance providing for the purchase of !property located at 319 Second Street S. W., known as "the old telephone building", · having been previously introduced, read and laid over, was taken up and again read: (~4562) AN ORDINANCE to authorize the purchase of property located at 319 ,;Second Street S. W., known as "the old telephone building" and to authorize term~ ~and conditions for such purchases. ( For full text of Ordinance see Ordinance Book No. 8, page 308 ). Mr. Powell moved the adoption of the ordinance. The motion was seconded by ;finn, and adopted by the following vote: AYES: idessrs. Bear, i:owell, Winn, and the Vice-President,Mr Comer--4. None ..... 0. .~,0~I0~o ,KiD MISCELL.~'~EOUS BUSINESS: LIFE SAVING ~D FIRST AID CRK~': The City Lianager brought before Council a request of the Life Saving and First Aid Crew for permission to purchase an aurorae- bile at a cost of ~640.00, said amount to come out of the appropriation of $1,000.00 as carried in the present budget, the City i.~anager recommending that the expenditure be allowed, with the understanding that the City will not be in a position to sup- plement the present appropriation for fiscal year ending June 30, 1936. Mr. Powell moved tt~at Council concur in the recommendation of the City Manager, and offered the following resolution: ~ .... ~'~'~'~ perndtting the Life Saving and First Aid Crew to purchase an automobile at a cost of $640.00 out of appropriation of $1,000.00 carried in the budget for fiscal year July l, 1935, to 'June 30, 1936, and authorizing the City Auditor to dra~ warrant for payment therefor. :,E~F~tS, it seems for the best interest of the Life Saving and First Aid Crew and to the City of Roanoke, that an automobile' be added to its present equipment, and ',','P~EAS, $1,000.00 has been appropriated for "incidentals" under Section ~42 - Life Saving and First ~id Crew, for the fiscal year ending June 30, 193.6, and no additional funds will have to be appropriated. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Life Saving and First Aid Crew be permitted to purchase one automobile at a cost not to exceed year July 1, 1935 to June 30, 1936, ~nd that the City $640.00 out of appropriation of $1,000.00 carried in the Budget for fiscal Auditor be, and he is hereby 'directed to draw warrant for payment therefor. [~ BE iT FURTHER RESOLVED in grantin.~g said permission that it is understood City Council will make no supplemental appropriation over and above the $1,000.00 as now carried in the budget for the fiscal year ending June 30. 1936. Mr. ?oEell moved the adoption of the Resolution. The motion was seconded by Mr. ~inn, and adopted by the following vote: AYES: Liessrs. Bear, Powell, Winn, and the Vice-President i,~. Comer---4. J:;.Y~. None ..... O. ~ CLAIM~-L~.~IS-GALm HOSPIT~LL: Mr. Comer presented to Council notice of docketing of appeal in the Hustings Court of the Lewis-Gale Hospital vs the City of Roanoke. i! The notice is referred to the City Attorney for such action as seems necessary for the protection of the City,s interest. CLAIMS-SO~I~.~ B~BER$' SD~ :~'J CO:.~Ai~K: Mr. Comer presented to Council notice of motion for Judgment in the Hustings Court for the City of Roanoke, styled J~. Russell Burnett, Trading u_n_der the firm name and style of The Southern Barbers' Supply Company vs the City of Roanoke, amounting to $2,000.00 for de, sages suffered es a result of water filling basement of building at 133 W. Salem Avenue on July 27, 1934. The notice is referred to the City Attorney for such action as seems necessary for the protection of the City's interest. SCHOOL BOARD: Mr. Comer brought before Council the question of appointment for two members of the School Board whose terms ezpire on July 31, 1935, suggesting _ |that no action be taken in the absence of the iresident, Lit. Small, but that sa~e be taken up at an early date during the coming week. On motion of i~r. lowell, seconded by i,~r. Winn, it ~'~as unanimously agreed that Council adjourn the present meeting to meet again on Tuesday, July 30, 1935, at 4:00 o'clock p. m., for the election of two members of the School Board, and any other ~atters that ~ay come up at that time. APPROVED 353 President 354 COUNt IL, SPEOIAL M~ING, Tuesday, July 30, 193~. The Council of the City of Roanoke met in Special Meeting in the circuit court Room, in the Municipal Building, Tuesday, July 30, 1935, at 4:00 o'clock p. m., pursuant to adjournment. PRESENT: Messrs. Bear, Comer, 'Powell, ¥~inn, and the President Mr. Small --5. ABS ,t~,;T: None ....... O. The President, Mr. Small, presiding. OFFICERS PILES~:T: W. P. Hunter, City Llanager. OBJECT OF ~E MEH~ING: The i-resident stated the Special Meeting of Council had been called for the purpose of electing two members to the School Board under pro- vision of the Charter and the Code of Virginia, for terms of three years each, the present tnc,~_mbents, terms expiring on July 31st, and such other business as may properly come before the meeting. SCHOOL BOARD: The President, Lir. Small, recognized the Vice-President, Mr. Comer, for the purpose of introducing the following written statement, s~d placing in no~ination the name of Dr. E. D. Poe for membership on the School Board from District ~2 for the three year term beginning ~ugust 1, 1935: "Recognizing as I d.o that the Southeast sectiom of Roanoke, with a relatmvely large school population, is naturally interested in b~ving representation on the School Board, I have given c~nsiderable though~ to the selection of someone ~ho is well qualified to serve as a m~nber of the Board. "As further evidence of my purpose and intention to assist in any way that I properly can in dealing fairly with every section of the city and believing that a large majority of the residents of that section of Roanoke are in favor of such action, it is my pleasure to place in no~nation the neme of Dr. E. D. Poe, of 812 Stewart Avenue, for membership on the School Board from District ~2 for the three yea~ term beginning August l, 1935 The School Board, in my judgment, is pro. bably the most important administrative group in our city government and i feel con- fident that Dr. Poe ~ill prove a distinct asset to the Board as he is well equipped in every respect. He is a leader in civic affairs in his community and I believe that his member- ship on the Board will be distinctly in the interest of ef- ficiency and progressive ad.ministration of our schools." The nomination ~vas seconded by Mr. Winn. A discussion of the nomination brought forth the statement frcm ~?~r. Powell that Dr. Poe is actively supporting another man in that community, as are 90% of the citizens in the Southeast section, and placed in nomination the name of J. Allen Hoover. Vice-President, hLr. Comer, recognized the President, and relinquished the ilChair to second the nomination of J. Allen Hoover. There being no further nomination, Council proceeded to ballot on the two nor~.~-inees, with the followS~ vote: For Dr. E. D. Poe: Messrs. Bear, Win~, and the President Mr. Small --3. For J. Allen Hoover: Messrs. Comer ~md Powell ........ Dr. E. D. Poe was therefore declared elected as a member of the School Board ifrcm District ~2 for term of three years'., beginning August 1, 1935, succeeding ~.R.C. Chu2chill. !. Mr. Comer placed in nomination the name of i~. Harvey B. Gray for membership !on the School Board from District #1 for three ~to succeed himself. year term, beginning August 1, The nomination was seconded by i.,~. Ninn, and Mr. Gray elected by the 1935, fo!lowiug vote, without further nominations: AYRES: Messrs. Bear, NAYS: None ..... 0. Comer, Powell, ?linn, and the President ~r. Small---5. PURCHASE OF PROPERTY.~ The President, Mr. Small, again recognized the Vice- President, L~. Comer, for the purpose of introducing resolution authorizing the appointment of a committee to negotiate for the purchase of tract of land located in the Southeast Section of Hoamoke, known as "Buena Vista", ed being as 'follows: the Resolution introduc~ (~4575) A RESOLUTION to authorize negotiations land located :Ifor use as a for the purchase of a tract of in Southeast Roanoke, and the buildings thereon, known as Buena Vista, public park. WHEREAS, it has come to attention of the Council of the City of Roanoke that the Rogers Estate, located in Southeast Roanoke, consisting of 13 acres more or less, and the buildings thereon, may be purchased for use as a public park, and WHE'~Rti~, this estate, known as Buena Vista, is one of the few surving landmarks ~f this community, rich in the history of the early development of Roanoke, and is .yell adapted for use as a public park, and WTLERFJ~S, it appears in the public interest, and for the benefit of the people ~f Roanoke, to provide parks, playgrounds and recreational facilities to the extent ~hat it can be accomplished v~ithout increasing the bonded debt of the City, NOW, TP~0RE, BE IT RESOLVED that a Comm~ittee of two members of Council and ~he City L,an~ger be appointed to negotiate with the owners of the property for ~urchase thereof, submitting a report to Council of the best terms and conditions ~btainable. The President, ~br. Small, moved the adoption of the Resolution. The motion was~ seconded by Mr. ~inn. After a recess of Council at the request of i.Lr. Bear, the ~ resolution was adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President ~r. Small --~. NAYS: None ........ 0. To serve on the Committee, as provided for in the Resolution, the President ~ppointed i~iessrs. Winn and Powell from Council, and City Ijanager Hunter. STATE HIGHWAYS WITHIN CITY L~.~ITS: The City Manager brought before Council ~equest for Resolution authorized the signing of Maintenance ~[greements with the Department of Highways for Projects 1027-~ and 102~-G in the Williamson Road and Fourth Street Section, ,~'~hereupon [ir. Bear offered the following Resolution: (~574~ A RESOLUTION approving certain projects for the ~mprovement of highways l in the City of Roanoke, and authorizing the City Manager to execute agreement in ~onnection therewith BE IT RESOLVEB by the Council of the City of Roanoke that the City ~anager be, ~ud he is hereby authorized to execute an agreement between the 'City of Roanoke, .,~ ~rirginia, a.ud the Virginia Department of Highways in connection v~ith application ~ederal Funds to construct a },dunicipal Highway in the City of Roauoke, Virginia, in ~ccordance with plans and specifications submitted. Mr. Bear moved the adoption of the Resolution. The motion ~as seconded by ~f~. PowelI, and adopted by the following vote: AYES: ~essrs. Bear, Comer, Powell, Winn, and the President ~f~r. Small --5. NAYS: None -0. ELECTORAL BOARD: The question of providing additional funds in the Budget for $55 356 the Electoral Board and cost of Elections to provide for fourelections coming withi: the present Budget period ending June 50, 1935, was before offering the following amendment to Ordinance ~4547: 0ounotl, Mr. Powell AN ORDINMqCE to amend and reenact Sections ~25 and ~27, "Electoral Board", and "Cost of Elections", of an ordinance adopted by the Council of the City icl Roanoke, Virginia, on the 28th day of Jgna, 1935, ~4547, and entitled, "An Ordinance making appropriations for the fiscal year beginning July i, 1935, and ending June 30, 1936." BE IT ORDAINED by the Council of the City of Hoanoke that Sections [125 and and "Cost of Elections", of an ordinance adopted by the ~27, "Electoral Board", Council of the City of Roanoke on the 28th day of ~ume, 1935, i 0rdinance making appropriations for the ending June ~0, 1936", be, and the same entitled "An 1935, and amended and reordained to read fiscal year beginning July 1, is hereby as follows: Electoral Board.,#25: Salary, Secretary Salary, Members, 2 ~ $25.00 Stationery Total Electoral Board $ 100.00 50.00 25.00 Cost of El,ec.tions-#27: compensation, Judges and Clerks l'rintinc Tickets i'tinting Voting List Rent Voting Places L~iscellaneous Expense Total Cost of Elections $1400.00 20O.OO 2500.OO 840.00 175.00 $5n5.oo ~LE,~ 0RDAINV~ that in order that the true intent of this amendment may be carried out an emergency is declared to exist, and this ordinance shall be in force from its passage. ~Lr. Powell Moved the adoption of the Ordinance. The motion was seconded by ~k~. Comer, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small ..... 5. I~AYS: None ...... 0. ST0~U~,[ D~ATN: City Manager Hunter brought before Council estimate of cost for constructing reinforced box culvert between Moorman Road and Fairfax Avenue, labor to be furnished by FERA and materials and supervision by the City at a cost of i $6,338.68, ~'~hich amount would be charged against appropriation in the Budget. The City ldanager recommends that thi: work be done while the City is able to utilize FEP~a labor, l,lr. Comer moved that Council concur in the recommendation of the City Manager. ~ L~. Bear, and unanimously adopted. There being no further business, and authorize him to proceed with the project. The motion was seconded by tLme, Council adjourned subject to call at such and for consideration of such matters as may require the attention of Council APPROVED Presiden~ COUNCIL, SPECIAL ?~W. ETING, Wednesday, August ?, 1955. The Room, in the Liunicipal Building, ~'ednesday, August ?, 1935, at 9:30 o,clock a. m., ~ called fro purpose of conferring with ~,~A and VERA officials. .... PRESENT: Messrs. Comer, Powell, Winn, and the President Mr. Small --4. Council of the City of Roanoke met in Special Meeting in the Circuit Court ABSENT: M~r. Bear ....... 1. · !.~ Small, presiding. The President, . OFFICERS PR~ES~,~T: Mr. W. P. Hunter, City Manager. OBJECT OF THE MEETING: ~Ir. Hunter stated the Special hleeting had been called for the purpose of discussing with Major P. B. Day, District '~IPA Director, and T. C. Rohrbaugh, ~Lrea Ad~-r~nistrator for the VERA, the question of providing suffi- cient '7,PA projects to take care of workers now employed on VERA projects, the bq~A Committee also being represented by i.~. J' Frank Glover, District WPA Engineer, Sam G. Nugent, Area Projects Officer, and E. B. BroEn, VERA Assignment Officer, as was LLr. C. L. Watkins, City Engineer, representing the City. The delegates presented to Council a list of twenty-one projects which had been tentatively agreed upon by the City L~anager, calling for an expenditure of approxi- merely ~250,000.00, of which $B10,33~.20 would be supplied by the ~'~orks progress ad-. ministration, and $39,588.55 by the City of Roanoke, ~!ajor Day stating there was an insistant demand from Washington that the WPA projects be approved with all possible~ haste, stating further that unless they v~ere approved the City might find itself ~ithout Federal Work Relief funds, as VERA grants are being steadily reduced, to the point such grants are now being made weekly instead of monthly. The President, lJr. Small, stated the City has appropriated work relief funds ~' to the lib.mit of its ability, and as the amount called for in the twenty-one projects~ ~'~ould just about exhaust tbet appropriation, in the absence of any financial partici£ pation by the State, the City will be unable to continue the appropriation of suffi-~ cient funds for ~JPA activities without seriously jeopardizing its financial position! In this connection the City Manager called to the attention of Council that the ~ tentative projects contemplated completion within a period of four months, in which ~ '., ~vent there would be little left of the original appropriation for work relief ~he remainder of the fiscal year. Major Day stated that in his opinion that the projects would not be completed ~ithin the four month period, as the wages provided for were only intended as a security wage on which the workers could live, and that every iucement would be offered for them to accept other employment, ~nd if a temporary job ran out, then they could return during encouragement and in- ~ even if only temporarily, to the ~PA, the only require- ~ent being they must be certified to the re-employment agency by the VERA, but once ~ut on WTOA and received one check they would be definitely off the VERA rolls. 'Lir. Natkins made inquiry as to whether or not anyone out of employment could o to the employment agency and be certified for work under the WPA, to which I0~ajor ~ay advised this was a m~st~ken idea as only cases accepted by the VERA as relief ~ases would be certified for '~PA projects, and in answering a querry as to physical ~xamination for qualification, the !..dajor advised this was a question he was unable ;0 answer. 358 After the retirement of the Connaittee representing the ~PA, and further dis- cussion of the question, the President, Mr. Small, stated that he was personally willin~ to vote to approve the projects as submitted, with the understanding Counoi', will go on record now and cay the City of Roanoke is unable to appropriate during the current fiscal year any suppl~nental funds necessary for the administration of ,these ~TA projects, and that he would like to see that the Governor of the State of !Virginia is informed so far as the City of Roanoke is concerned, as it was his ~opinion the time is rapidly approaching when the State has got to participate in isomo part of this cost. i The above statement being agreeable to Council, the President,~.tr. Small, offer- !ed the following Resolution: (~458~) A RESOLUTION authorizing the participation of the City of Roanoke in '~PA projects, as per schedule attached, the cost of same to the City to be charged against Direct Work Relief appropriation as carried in the Budget for fiscal year ending June 30, 1935. ( For full text of Hesolution see Ordinance Book No. 8, Page 316_ ,1. Small moved the adoption of the Resolution. The motion was seconded by ~. Powell, and adopted by the following vote: AYES: Messrs. Comer, Powe!l, Winn, end the I;resident, I.~r. Small---4. Tt~e~'e being no ftu'ther business, Council adjourned. APPROVED Presi dent COUNCIL, REGULAR MEETING, Friday, August 9, 1935. The Council of the City of Roanoke Room in the l:~unicipal Building, Friday, regular meeting hour. met in regular meeting August 9, 1935, at 3:00 in the Circuit Court o,clock p. m., the PRESENT: Messrs. Bear, Comer, Powell, Winn, _-nd the President ~1r. StoaS1--5. ABSENT: None ....... O. The President, Mr. Small, presiding. OFFICERS ~rRESENT: Nm. W. P. Hunter, City Manager. I;III93TES: It appearing that a copy of the minutes of the previous meeting having been furnished each L~ember of Council, upon motion of ~,~. Powell, seconded by Mr. .Wina, the r~ading is dispensed with, and the minutes approved as recorded. HEJd{ING CF CITIZE/~S UPON PUBLIC i.iATTERS: STREET Ii~H~ROVhI.[Ei~: l~Lr. C. L. Carter appeared before Council and asked that improvements be made on Campbell Avenue at 6th Street, a section of approxinmte!y 180 square feet, which is no~; constructed of cobble stone, and inasmuch as efforts had been made for the past five years to improve this street, he felt Council shouldi now take some action in giving the necessary relief. The City L2anager explained the' section in question ~;,as an upkeep of the Street Hallway Company, and that he had already had a talk ~ith the officials in charge, and was of the opinion the work would now be done. ~Ir. Carter also asked that the alley between Patterson and Chapman Avenues, be- tween 10th and llth Streets be given attention. P2TITIONS ~d~lD CO~EE~ICATIONS: A communication and report from Judge John L~. Hart, Commissioner of Hevenue, with reference to Personal Property returns was before Council, said report show_i_~g 3,000 persons having failed to make returns. After the reading of the communication, at the invitation of Council, Judge Hart appeared in oerson, and discussed the subject at some length, the final result being the appointr ~nent of a co~ttee from Council composed of [Iessrs. Winn, and City ~anager Hunter, to cooperate with the Commissioner in an effort to secure a WPA project for maI~ng a: house to house canvass of names to be turned over to the workers by the Commissioner, the remaining delinquents to be contacted by letter. COAL i.~ERCHAH~S: Judge John ~. Hart brought before Coancil the question of amend' lng the Coal '.~erchaa~'s License ordinance to permit the sale of small quantities ~'rom twenty-five to fifty pounds coal by regular merchants paying a me2chants, license, it bein~ the Commissioner's contention the present license Ordinance is working righ~ auch of a hardship on the poor Deople. The City Clerk is directed to bring file and necessary papers on the subject ~efore Council at its next regular meeting for consideration of the question. PA}~LS ~ID PLAYGROL~NDS-ROGERS ESTATE: A communication from Dr. E. D. Poe, enc los' lng petition signed by citizens of the Southeast section of the City, asking that he City purchase the Rogers Estate for park purposes, ~.~s before Council. The Clerk is directed to acknowledge receipt of the c~unication, advising )r. Poe that the matter is now under consideration of Council, ts conditions will permit. and will be dealt with :i 359 360 ROANOKE RAIL'~AY & ELECTRIC C01,~ANY: A communication from P. ti. Trout protestin~ against any action on the part of council with reference to petition being circulat- ed requesting that street cars be removed from the. Franklin RG:d line, was before Council. No petition having come before Council on the subject, the City Manager advised such a petition had been presented to him, and the same had been referred to '~h~. Horn, ldanager of the s~reet Hailway Company. The communication from t'. H. Trout is referred to the City 4~anager for acknowledgment. BUSSES-INTERURBAN: A communication from Thomas 0. t,1oss, ~enclosing copy of application, together ~'ith order of the state Corporation Commis- sion in the matter of the application of Paul R. Sheehan, doing business as Pan- ~merican Bus Lines, for a certificate of authority to operate motor vehicles in in- to Uinston-Salem, i.~. C., hearing terstate passenger zervice from i;ashington, D. C., to be held in RicHmond, Va., on August 19, 1955. Attorney, Richmond, Va. The co~m~ication is filed. .~.o~CI'~;-~%~. A cmnmunication from Mrs. T Allen INSTRUCTIVE VISITING ~FGRSES '~'~' · ~Kirk, lresident of the Instructive Visiting Nurses Association, asking that Council ~ _ $1 or take over the work of the associa- either supple~ent the aoprooriation ,588.50, tion. It YJas unanimously agreed the ~.~tter would be lai~ eve2 for further considera tlon of Council at a later ~'~eetln~z in order that the City might obtain full informa- tion on the s~bject, probably by conference wi~h the IVNA. SC~00L B0~2~D: ~ co~m~unication fro~ oidney B. Hall, Supt., of ?ublic Instruction advising that a census of all persons in the City of Hoanoke betvJeen the ages of sev ,n and twenty years has been taken as of June 30, 1935, and on this basis the salary of the Superintendent ¥;ill be ~2,900.00 for the next five years, of v~hich the State will pay one-t~alf. The City Clerk is directed to confer with the Clerk of the School Board, and report to Council at its next meeting. CERTIFICATE OF ',~LECTION: A communication from Dr. E. D. Poe, acknowledging receipt of certificate of election as a member of the School Board, and accepting the appoints=Gent, ~jas before Council. The cor,munication is filed. ~%..o~ ~: A commmuication from J N. $$nmen, asking that Council amend Sectioi~ ,~8, of the ~icense Tax ordinance, in order that ~icense of Collection Agencies might ~.be prorated, it being his desire to open such a business on September 1,1935. The Clerk is directed to advise ~ir. A~men that Council cannot establish such a precedent. L~GUE OF VIRGINi-= =,LL~I~IP~LI-IEo. ~ communication from the League of Virginia i~unicipalities was before Council, advising that its 30th ~mnual Convention will be '-held in Fredericksburg on September 25th and ~6th, and urging that a large delegatio: ~from the City of Roanoke attend. The communication is filed. LEAGUE OF VIRGINIA IJ:UNICIP~LITIES: ~ communication from the League of Virginia ~,~unicipalities was before Council, advis.Lng that under its ne~ work program there i'has been established a field consulting service on municipal problems which is !available to any member of the League. The communication is filed. REFt;DS ~.d~D REBA'±=ES: A cmmmunication, together vrith file, from W. J. Austin, Jr asking f:o.r refund ~f taxes paid by the i~ome Owners' Loan corporation for Mrs. Callie ~Lee Grubb, £ was before Council. I The City Clerk is directed to return the file, and advise that Council is without Juriediction in making the refund, petitioned in the case. and suggest that the !Iustir~s Court be REPORT OF OFFICERS: REPORT OF CITY I.LANAGER: The City Manager presented reports of work accomplishedI and expenditures for the weeks ending July 25, 1935, and August 1, 1935. The reports are filed. STREET II~HOV~i.Lh~T: The City i.~enager presented report, and reco~muends that Essex Avenue between 13th and 14th ~treets N. W., be reshaped, and stone and asphalt oil surface applied. i2r. Comer moved that Council concur in the report of the City LLanager and that Essex Avenue be ir:prove-I as recommended. The motion was seconded by i~r. !'owell, and unanimously approved. STREET LIGHTS: The City i. Lanager presented reco:,'~a~ndation for installation of six street lights to be installed and maintained under the contract existing betu':een the City of Roanoke and the A~palachian Electric f-ewer Company. Llr. :','inn moved that Council concur in the reconm~endation of the City ~.:anager, and offered the fol!owin~ Resolution- (#456o) -~ HXSOLL~I0!t to install certain street lights. ( For full text of Resolution see trdinance Book iio. ~.o~, =' age 317). idr. lJinn moved the ado!)tion of the Resolution. The motion ~.~as seconded by Sear, and adopted by the following vote' ]:owell :;inn and the ?resident i~.r. Small --5 AYES: Messrs. Bear, Comer, , , . None ...... 0. RE!~OHT OF Tile OI'i~f l SOUND-IdAKING Attorney presented report and draft of ordinance DEVICES: The City __ egulat~ng radios and other sound-producing instrtu~ents on the streets in the City ~f Roanoke. After a discussion of the question, Lk'. Comer moved that copy of the i:ro!~osed )rdinance be referred to the Cha~:foer of Commerce for such e~ressions and suggestions ~s they may have with respect to the ordinance. The motion ~as seconded by l,~r. ~owell, and draft of ordinance referred to the Cha:~.ber of Commerce by the following ~ote: AYES: Messrs. Bear, Comer, Powell and the L'resident l. Lr. Small --4. NAYS: Mr. Winn ....... 1. BONDS FOR ~.dPLOYEES: A report of comnent and recommendation from the City Attorney with reference to Bonds for Employees in the Treasuz'er's office, as referred to in letter from Mr. E. R. Combs, Chairman of the Compensation Board, under date of July 5, 1935, was before Council, the City Attorney stating that he entertains no doubt of the soundness of opinion previously given that there was no lays authorizing the Council to require such bonds. After a discussion of the question, i:~r. Bear moved that the opinion be filed, the motion beirr~ seconded by i~. Winn, and unanimously agreed. ~EP0RT OF C0~ITTEES: Non e. U~ ~IoHF~D BUSINGS: SCHOOL BOARD: Messrs. W. P. Hazlegrove and J. S. McDonald appeared before Coun- cil in the interest of self-insurer for group disability insurance, as previously iiscussed at other meetings of council, kLr. Hazlegrove stating if Council wished the 361 362 Board to become a self-insurer, the achool authorities would like to take the matter p in some detail with representatives from Council, and suggested that in the event .~uch a plan was accepted it would be necessary for Council to agree to underwrite hny loss sustained by the Board as self-insurer. After presenting members of Counci ~rep°rt showing total premiums paid by the Board for the last three and a half years, ~hich.~ aIaounts to $52,866.42, wh~le, the indemnity paid by the company totals only $30,948.49, the President, lJr. Small, appointed L~.essrs. Winn and Comer from Council, end City Clerk L. D. James to confer with committee from the School Board to submit rel:~ort at the next meetins of Council, and if it is found desirable for the School Board to carry its own liability as self-insurer, to suggest a plan It was stated the. present insurance policy expired on June 30, 1935. !i t~HCPIJ~SE 0F PROPERTY - C&.P TELEPHONE BUILDING: The President, ~Lr. Snell, as sDokesuan for Council, conferred with City Attorney Jackson, with reference to pre- paration of deeds, no~es, and other necessary papers in connection with the purchase of the old C&~P Telephone buildin%~_ located a~ 319 Second Street S. ",., and asked that they be presented to Council as pro]~ptly as possible. CO.olD,,.iL4.101.i OF CLAI]dS: None. ".,":~i'~ .... ~,.~-1 '.T ,'" , ~'T ' T '~ '~ Ii~: ' T[r~ · T TM I~-~,cD~.~_iO~, ~'JD C~NsiDERATION OF O.{D~,~,C~o ~'ID R~OLU~IOLS: ~.I~,I~: A resolution supple~enting pay of Election Judges $1.00 each for nineteen Judges for delivery, of ballots and Registration books from voting precincts to Clerk of Courts and Reg~trar, v~as before Council, L~. Bear o~ering the followin~ resolution: (#4568) A RESOLUTION authorizing the payment of ,1.00 each to nineteen judges for delivery of ballots and registration books from voting precincts to Clerk of Courts and Registrar. ( For full text of Hesolu~ion see Ordinance Book i~o. 8, Page 31_~ _Mr. Bear moved the adoption of the ~{esolution.. The motion was seconded by Pov~ell, and adopted by the following vote: AYES: Zdessrs. Bear, Comer, Powell, Winn, and the President Lit. Sm~ll --5. · ~zo: None .... 0. oa~,~Lt ,.~,,,,~...._~..~: A communication from City Engineer,C. L. Watkins, advising that N. Pt. of Lot 6, Block 6, ;,'eaver Heights had been erroneously assessed for Sewer, and should be released, ~'Jas before Council, whereupon LLr. Winn offered the follov~ing resolution: (~4577) A RESO~UTI0~I. to release se~er assess~ent against tJ. Pt. Lot 6, Block 6, Weaver Heights, amounting ~o $27.78, plus interest from October l, 1932, standing in name of Atlanta J. McCoy. ( For full text of Resolution see Ordinance Book No. 8, Page 3~2 ). igr. Winn moved the adoption of the Resolution. The motion was seconded by Mr Bear, and adopted by the following vote: ~o: l. lessrs. Bear, Comer, Powell, Winn, and the President ~?~. ~m!l --5. .r ,~ '"[7' ~ 1.,2~.. o: ii0ne ..... O. .' ~,:~o A~FD REB~TEo: ?as,. ~ithout ~urisdiction in collecting automobile storage from S. C. Doss, offered ~he following resolution: :.:~. (#4578) A RES~:LUTi0!.i to refund S. C. Doss $15.00 covering storage charges ,automobile collected in error. ( For full text of ileeolution see Ordinance Book No. 8, Page 313). The City Attorney having given as his opinion that the Cit Mir. Powel for '1 Mr. ~o~eil moved the adoption, of the resolution.The motion was seconded by Mr. Comer, and adopted by the follo~'~ing vote: AYES: Messrs. Bear, Co~,~er, Powell, Winn, and the President l&r. Small NAYS: None .... 0. REFUNDS ~-~D R£BATES: The City Attorney having given as his opinion that the City is without authority in charging penalty and interest on .~200.00 credit on taxes for Lot l, Block 14, Lewis Addition in name of Fanciers and l.lerchants Credit ~orporation, i~Lro Bear offered the following resolution: (~4579) A RESOLUTION to remit interest and penalty on ~200.00 of taxes due on Lot ~l, Block ~l!, Lewis Addition, for year 1933, standing in the name of Farmers and Merchants Credit Corporation. ( For full text of Resolution see Ordinance Book No. 8, Page 3.13 .). I-~r. Bear moved the adoDtion of the Resolution. Winn, and adopted by the following vote: AYES: Idessrs. Bear, Comer, Powell, Winn, and the l:resident Mr. Small ---5. NAYS: None .... 0. RE,RiDS ~5~{D REB~Tv~S. A letter from City Treasurer C. R. Kennett advising that 1903 taxes on Lot 12, Block 3, Fairview had been collected from Laura Preston in error, ~'~as before Council, Mr. Bear offering the follol~in~g Resn. lution: (#4580) i RESOLU'2ION to refund Laura Preston ~)11.08 for taxes and interest collected in error for the year 1933, and to apply said a~unt on current taxes. ( For full text of Resolution see Ordinance Book ~{o. 8, Yage 314 ). ',Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~.=. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Poweil, Winn, and the ~resident lJ~r. Snmll --5. iq AYS: Non e .... 0. REFUNDS AND REBATES: A communication from City Treasurer, C. R. Kennett, advising that duplicate assessrient against D. L. Marsteller for year 1934 had been collected, whereupon Mr. Powell offered the folloi, Jing Resolution: (#4581) A RESOLUTION to refund D. L. ~.{arsteller ~l,00 for 1934 personal property taxes collected in error. ( For full text of Resolution see Ordinance Book No. 8, Page ~14 ). ~,[r. Powell moved the adoption of the Resolution. ~. Bear, and adopted by the following vote: AY~£S: Messrs. Bear, Comer, Powell, ,t~1o: None ..... 0. The motion was seconded by l.lr. The motion was seconded by 'Jinn, and the President hLr. Small --5. communication from City Treasurer Kennett advising that The motiOn was seconded by .~.,~. taxes had been collected from Donald Bishop during year 19~3 at ~;hich time he was a resident of the County, whereupon l,ir. Comer offered the followln~2 resolution: (#4582) i RESOLUTION to refund Donald Bishop ~6.61 for personal property taxes collected in error for the year 1933. ( For full text of Resolution see Ordinance Book iio. 8, page 315 ). Mr. Comer moved the adoption of the ~esolution. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. NAYS: None .... 0. DkN.INQU~T TAX DEPARTMENT-BUDGET: The question of amending Section #9 of ~rdinance #4547, making appropriations for year ending June 30, 1936 for the 363 ,364 Delinquent Tax Department was again before Council, l~r. winn offering the following emergency ordinance: Department" on the 2~th day of June, 1955, and entitled, AN 0RDINAI~E to amend and reenact Section ~9, of an 0rdinen_ce adopted by the Council of the #Delinquent Tax I!I City of Hoanoke, Virginia~ the fiscal year year beginning July 1, 1935, ( For full text of Ordinance see Ordinance Book No. 8, page____.315 ). "An 0rdin_-_nce making appropriations and ending June 30, 1936." Mr. Winn moved the adoption of the ordinance. iBear, ~and adopted by the followt-ng vote: the request of a committee from the Roanoke Woman's Club, The motion was seconded by AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small--5. NAYS: None ...... 0. DOG INOCULATION: Ordinance No. 4561 having Previously been before Council for discussion and consideration, was again before Council, and at its first reading, is laid over and no ~'further consideration given for the time being. ..~ONS AHD :.:iSCELLANEOUS B-U~NES: CITY TR~f~URER: City Treas~er, C. R. Kennett, a~eared before Council and .presented report showing collections for the month of July, 1935, showing total collections for J~y, 1935 of ~15,1~5.42, as compared to the s~e month last year of ~12,996.29, or an increase of .j2,1~9.1~. The report is ~led. Si~A!iY CF ~,~:LOY~S; The City Treasurer, C. R. l[e~ett, appeared before Council in the interest of the 5~j restoration of salaries for employees in his office, which increase has been declined by the Compensation Board, as ~r letter from E. R. Combs 'Chair::~an, under date of July 5, 1935, 1~. Ke~ett's contention being that it was genera~y understood that all City employees receiving $2,000.00 or less, had been 'given a 5% restoration of salary, and even though the Compensation Board had refused he ~ew of no law to prevent Co~cil from paying the to recognize the increase, ~employees in the City Treas~er's office at l~st two-thirds of that increase, which is the ~ount of salaries and e~penses of the office ordi~rily ~id by the City. The President, L[r. S~ll, stated that Council ~d grated the 5% increase, and had reco~uended to the Compensation Board that they acquiesce in the restoration of 'all employees under their j~is~ction, and the Compensation Board has refused, even tho~h the City is ready and willi~ to apply the restoration, ~ating further that .the officers in question have a salary fixing org~ization which ~s full authority ~to fix the compensation, ~ith no authority resti~ in Co~cil in t~ matter. After a lengthy discussion of the question by all members of Co~cil, the -i~resident, LM. S~ll, stated he was perfectly willing to adopt the suggestion of 1,~r. Comer to address a letter to the Compensation Board asking wh~ would be the attitude of the Compensation Board as to the City Co~cil agreei~ to restore the ~5;~, the City's part, or two-thirds of the a~ual comDensetion for employees in the Treas~er's office ~d the Co~ssioner of Revenue's office, and one-half in the office of the Co~nwealth Attorney's office, f Compensation Board: the following letter being sent to the "The Council of the City of Roanoke has considered your letter of July 5, 1~5, regarding salaries of employees in the office of the City. Treasurer, Co~ssioner of Revenue, and Commonwealth Attorney of Roanoke. ~The Council has directed me to make inquiry of the Board as to .whether or not the Council of Roanoke has any power to make any changes in salaries of employes of these Departments without cc~xsent of the Board, payable during the remainder of the present calendar year." It was unanimously agreed Board. that such a letter should be sent to the Compensation BONDS FOR EMPLOYEES: Mr. C. R. Kennett, City Treasurer, again brought before Council the question of bonds for employees in his office, contending the City of Roanoke should bear the expense of bonds for his employees. The President, Mr. .Small' stated that the question had previously been discussed and opinion rendered by the City Attorney that the Bond of the Treasurer was all the protection the City >f Hoanoke needs, and that Council feels that the City of Hoanoke has adequate pro- tection under the present Bond, and should not incur any additional expense for bonds for the City Treasurer,s staff, but if the State wants bonds for employees in the office they could provide them without the consent of Council. PURCHASE OF I:ROPERT~f: City !damager Hunter brought before Council a verbal offer i ~f Dr. Strickland for sale of block on Wellington Avenue, between 2nd and 3rd Streets, ;outh Roanoke. On motion of L'M. Powell, seconded by Iht. Bear, and unanimously ~.dopted, the City Manager is directed to advise Dr. Strickland that the City will ~ot be interested in purchasing the property described by him at this time. PURCHASE OF PROPERTY-CITY i'~MRKI~T PURPOSM8: Mr. Bear presented to Council three ~ptions on property fronting on 1.!orfolk and Salem Avenues and Kelson Str-~et, secured Oor the purpose of enlarging the market space, more particularly for parking space. ,lt. Bear stated he ~d discussed the matter in executive session with Council some ime ago, end that he was of the opinion the City must provide some parking space 'or automobiles in the merket area, either free or fore revenue; and that since ~e had submitted the options, and realizing the question was a right big question, ~nd an important one, the amount involved being approximately $72 ,500 .00 , he was not ~oing to insist upon immediate action, but would suggest ~' ' ~nat Council hold a special ~.eeting for discussion of the Question, stati.ng further that this was the second ;ime he had obtained options on the property for market purposes. At the suggestion of L~. Winn, the ~'resident, lj~-. Small appointed a committee composed of Liessrs. Bear, Hunter, and Powell to look over the property, and bring in a recommendation at some future time, with the possibility of having a sl.~ecial meeting during the coming week to whip out the question, bearing in mind the city's financial position and ability to meet any further obligations of this nature. EQUALIZATION BOARD: The report from the Equalization Board was before Council, showing.' a decrease of $~?,???.00 in assessed values. ~eport is received, and ordered filed. There being no further business Council adjourned, subject to call, at such time, and for the consideration of such matters as may require the attention of ~ouncil. o APPROVED On motion, duly seconded, the~ii President 365 31'66 COUNCIL, R~G~ MEETINO, Friday, August 30, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, Friday, this being the first meeting of Co,moil August 30, 19~, at 2:~0 o'clock p. m., since August 9, 1935, the option of vaoatiox period as provided for in the Charter having been exercised. PRESENT: Messrs. Bear, Comer, Fowe11, Winn, and the President Mr. Small --5. None .... O. The President, ~tr. Small, presiding. OFFICERS PRESENT: Mr. 9. P. Hunter, City Manager. MINUTES: The Clerk was directed to read the minutes of the last meeting of 'Council, but upon motion of Mr. Winn, seconded by Mr. Powell, the reading was dis- ' pensed with. It appearing that a copy of the minutes of the previous meeting hay- 'ing been furnished each member of Council, upon motion of Mr. Bear, seconded by Mr. ~i_n__n, the minutes stand approved as recordede HEARING OF CITIZh~IS UPON PUBLIC MAd'TERS: ZONING: ~,~. L. G. Muse, Attorney for 0. T. Wingo, appeared before Council and asked that t~o lots on the Southeast Corner of Highland Avenue and 9th Street S. E., designated on Sheet 412 of the Zoning Map as lots 4122002 and 4122001 be changed from Special Residence to Business District. The request iS referred to the Board of Zoning Appeals for investigation, report and recommendation. COAL DEALERS: Mr. L. G. Muse, Attorney, appeared before Council in the interest of the retail coal dealers selling coal in small quantities, it being his contention ..that to prevent the merchants who have regular merchants' license from selling coal :in packages was working a hardship on both the merchants and those purchasing coal ~in such quantities, and asked that the present Ordinance be amended. The President, Mr. ~all, stated that this question has already been given some consideration in a superficial way by Council at a previous meeting, and that iit was the sentiment of Council that possibly the present coal ordinance is defec- ;.give in that it prevents the sale of coal in small lots. i After further discussion and expression by members of Council, the question is referred to the City Attorney with the request he prepare the necessary amendment .to the extsting ordinance covering sale of coal by retail dealers, to permit such sale by local merchants under their present merchants' license in lots of 100 pounds or less, with further provision that sUCh merchants ~rl. ll not be required to obtain coal merchants' license so long as the coal is purchased from coal dealers having license to do business in the City of Roanoke. !i The question of perm!tting merchants to sell coal in the period the proposed amendment was the consensus of opinion that small quantities dur~-g is in preparation was raised by Mr. Bear, and it out by the City Manager with this could be worked Commissioner of Revenue and the License Inspector. REFUND AND ~ATES: Mr. J. S. Sherertz, Attorney, client, ~aymond Y. Lucas, be refunded $20.09, and the regular ABC license. for appeared before Council, the difference between investigation, ~the asking that his the ~.2 license i! The request is referred to the City Clerk to prepare proper resolution for the consideration of Council and if found corre~ at its next meeting. Chair~aa ]~IOX~L2~OM D]~~: M~. B. ;. ~Xlbt)~lt~oX' t~e Roanoke ]~eo:eatio= J~8oolatioz appeared befor~ CounoiX, and ~resente~ a communication with reference to $88.46 re- ceived as voluntary contribution at the City Soft Ball Championship Series for put- pose of defraying the expenses of Mr. X. Mark Cowan to Chicago to attend the Nations Recreation Congress, ahd later turned over to the City Treasurer. ~. Fishburn ask- ed that this amount be returned to the Roanoke Playground and Recreation Assooiatto~ as the amount was never anticipated as a revenue in the preparation of the BudgeS, which amount would be supplemented to enable Mr. Cowen to make the trip, whereupon Mr. gi~ offered the following Resolution: the Roanoke A RESOLUTION directing the City Auditor to draw Playground and Recreation Association. warrant for $88.46 to ( For full text of Resolution see Ordinance Book No. 8, Page 518 ). Mr. Winn moved the adoption of the Resolution. The motion was seconded Bear, and adopted by the following vote: by Mr. AYES: Messrs. Bear, Comer, Powell, ginn_, and the President 1,'~'. Small --5. NAYS: None .... O. SCHOOL BOARD: ~lr. W. P. Hazlegrove, Council at the invitation o£ committee appointed from Council If "self-insurer- plan for the School Board. The following report of the Committee was read before Council: Chairman of the School Board, appeared before for cons tderatton ~ "The undersigned committee appointed from Council to School Board with reference to the Board,s becoming group disability insurance reports as follows: confer with the "self-insurer- for "The committee met with the School Board on Monday, August 19, 1935, at 3 o'clock p. m., and discussed with that body the proposed neces- sary procedure to follow in order that the School Board may become "self-insurer.- "The Chairman of the School Board advised your committee that while the Board was desirous of beconn[ng its' own insurer, it would not be willing to make any change unless the Council of the City of Roanoke agreed to become underwriters for such amount as seemed necessary to finance this undertaking. ~Your committee was further advised that the appropriation as now carried in the budget; namely, $13,000, would be more than sufficient in the opinion of the School Board, to finance a "self-insurer- plan, out of which amount sufficie.$ funds would have to be drawn for pay- merit of a physician for examination, etc. "In this con_ri_action it was further stated that should the School Board ,,~dertake a "self-insurer- ~lan, it would be the desire of the Board to establish some form of physical examination from time to time of teachers in the schools, and that it would be the request of the School Board that such examination be under the Sul~rvision, or Jurisdiction, of the City Health Department even though the ad~- tional work may necessitate the ~eming of a special physician for this work. "In other words, the School Board would request that such medicial examination that may be or seem necessary should have a so-called official status or stamp of approval from the Health Department. "For the payment of such Assistant Health Officer or special physician, the School Board would agree that the necessary expen- diture be charged against the $1~,000, as now carried in the budget. "It is estimated that to set up such a plan would effect a saving of approximately $~,000 per a_n.~um, the City to underwrite the entire amount as carried in the budget, and agree to make any additional appropriation for payment of ~isability iDaurance that may arise as a result of unforseen epidemics, etc. "Thus it will be seen according to the opinion of the School Board, that under nox~,~_-i conditions and past experiences over the past five years, to set up a "self-insurer- plan there would be a saving of approximately $~,000 ~er annum to the City. ( Signed ) H.S. Wi~, J. W. Comer, L. D. ~ames, 367 ' Aft®~ a discussion of the question by members of Council, at the s'uggestion of the President, Mr. Small, Council recessed for a conference with representatives of the School Board and the City Health Officer, after which attention was attract- e~ to the fact that the report of the Committee made no reo~mnendation, being whether or not the City would undertake to underwrite for the School Board to become "self-i~surer- for one year. sion of the matter, Mr. ~inn offered the following Resolution: (~4~88] A RESOLUTION authorizing the School Board of the City of Roanoke to become "self-insurer- for group disability insurance for school employees for period of one year, the City of Roanoke to underwrite the liability necessary for the said School Board to undertake such plan. For full text of Resolution see Ordinance Book No. Mr. Winn moved the adoption of the Resolution. Powell, and adopted by the following vote: AYES: Messrs. Bear, Powell, NAYS: Mr. Comer ..... 1. The motion the questi the liability necessary ~ After further discus- 8, page.~lS..~}- was seconded by Mr. Winn, and the President Mr. Small ---4. Y. M. C. A: Mr. C. R. Williams, a member of the Board of Directors, together with other Y. representatives, appeared before Council, and asked that the City .assume title to the Y. M. C. A. building on Church Avenue, in order that a Federal Loan mt ght be secured for making necessary repairs to the building, it being under- stood the City would not be requested to assume any liability, explaining further that such a loan could only be secured for "public" buildings, and asked that the technical transfer be made in order that the Association might Federal Funds prior t,o the deadline, September 12th. file application for :. At prepare a meeting on ~'ednesday, DOG INOCULATION: the s~ggestion of the President, Mr. Small, definite proposition in writing, and submit same to Council at a Mr. Williams was directed to special September 4th, at 2:30 o'clock p. m. Club, appeared before Co,mcil and submitted Inoculation" Ordinance which was previously the proposed amendment Mrs. D. E. Remsburg, Civic Chairman of the Roanoke Womants a proposed amendment to the "Dog before Council for its first reading, providing for yearly prophylactic innoculation. After a discussion of the Question, in which Dr. he could not recommend the innoculation, Ransone, the Health Officer, stated that the Ordinance is referred back to the original Committee, composed of City Manager Hunter, Remsburg added as an additional member, for further in proper shape for consideration of Council. UNIVERSITY EXTENSION: Mr. G. V. Zehmer, Director Extension Course, in Roanoke by the discuss and Dr. Ransone, study, and to put with }&rs. the ordinance of the University of Virginia appeared before Council, and told briefly of the work being done University Extension Division, and that while he expected to the ~uestion with the School Board later during the day, it was his under- standing the old school administration building was to be abandoned in so far as .being available for class use. Mr. ZeWmer was advised that Council would be very glad to cooperate with his work as far as it could cor~istently do so. gO1TlI, IO~ Mro So A, I~erson, appeared before Counoil and asked that property on McClanahan Avenue, East of Rosalind Avenue, South Roanoke, be declared business ~., ' pr~pert y. ;; The ~' re,mast is referred to the Board of Zoning Appeals for investigation, report 369 370 an~ reoommen~atiou. ~CES= ~ro B. 0, I~tlla~d, Attorney, &ppea~ed before Council in the interest of residents on 9th Street S. E., between Montrose and Buena Vista Avenues, m~d 'ipresented petition requesting the removal of a barn located in alley off of 9th St., between Buena Vista and Montrose Avenues, now used for cattle belonsln8 to Bo L. ~Altice, "claiming the barn to be a ntttsanoe due to an almost continuous obJectionabl, land at times sickening odor emittin~ therefrom.- In a discussion of the question it was learned that the property on which tho ;barn is located is the property of a Mrs. Harris, 713 ~n0rose Avenue, and the ~ter ~s refuted ~o the C~ty ~as~ ~th the request he not~fy tho o~ner that condition complained of is corrected it will be necessary f .to have it abated through the Courts. for the City to take steps ~'. P. A: Mr. T. G. Rohrbaug~, ~fPA Branch Manager, together with other repre- sentatives, appeared before Council in the interest of submitting additional works progress administration projects, end to make suitable arrangements for housin~ the white woman's work division now engaged in a sewing Pending permanent arrangements the delegation was authorized to Continue the use of the Y. W. C. A. for another fifteen School for another thirty days, the matter days, to be and the colored work at Gregory given further consideration at a Special Meeting Wednesday, September 4, 1935. ROANOKE TUBERCULOSIS ASSOCIATION: Miss Elsie Dyer, Secretary of the Roanoke Tuberculosis Association, appeared before Council in the interest of a building at the City Farm for tubercular patients as a WPA project. The City Manager brought to the attention of Council that this matter had previously been before Council, and that it has been estimated that tube.rculer patients could be treated more economicall at the Burkeville Home, even though it might be necessary for the City of Roanoke to construct its own quarters there to accommodate patients from the City. The City Manager is requested to make inquiry through the local ~fPA head~ue~ter~ 'to ascertain if such a structure could be erected ~and if so under what terms. at Burkeville as a Roanoke project,. Further consideration of the subject is laid over until a Special Meeting of 'Council on ~-ednesday, September 4, 1935, at 2:30 o,clock p. m. PETITIONS AND COMMIR~ICATIONS: AUTOMOBILE JUNK YARD: A communication from Harold Woods, Manager of goods Brothers Coffee Company, complaining of an old automobile Junk Yard at 1~0 - Third Street S. ferred to prop err y E., adjoining his business, was before Council. The communication is re- the City Manager to investigate and ascertain from the owners of the if they will not remove the Junk yard, and report back to Council. A communication from l,~r. Edward C. Moomaw, Secretary of the , Merchants, Protective Association, explaining of the City's practice in purchasing ~iuniforms for city employees, police and firemen, out-of-town, and asked that local ~merchants be given an opportunity to bid on these supplies, was before Council. The question is referred to the City Manager to work out with the Purchasing Agent, and the City Clerk to so advise Mr. Mooma~. ~ PURCNA.~E OF PROPERTY: A communication from M. ~. Turner registering objection !to the purchase of the Rogers Homestead Addition for park purposes, was before !Council, Mr. Turner stating the property was not needed for park purposes, and !further it was not worth the ~mount asked, it being his opinion it was doubtful if ~it could be sold for $$§,000.00 to any investor. The City Clerk is directed to !acknowledge receipt of the letter, and advise I.&r. Turner that Council is very glad an expression of his opinion. the h~ve W. P. A. P~0JECTS: A oo~maunteation from Governor George C. Peary, &oknowledg- lng receipt of resolution with reference to W. P. A. l~oJeota recently adopted, was before Council. The communication is filed. LEAGUE OF VIRGINIA UUNICIPALITIF~: A commm~ication from the League of Virginia Municipalities, asking that the League be advised the names of Roanoke delegates to the Convention to be held in Fredericksburg on September BSrd to 26th, inclusive. The City Manager Hunter, and the five the convention. Clerk is directed members of Council, have been named to advise Mr. Wallerstein, the Secretary, that CityI as delegates to endorsing HEALTH ORDINANCES: A oc~nunioation from the Woman,s Club of Roanoke ten proposed Health ordinances, as submitted by Dr. Ransone, the City Health Officer, was before Council. The City Clerk is directed to acknowledge receipt of the communication and advise that Council now has under consideration the codification of all City ordinances, and at the proper time will give further consideration to the health ordlnanoes in question. ZONING: A communication from Earl G. Bradshaw, shown on the Zoning Map, situated on the east side aaking of 10th that Lot No. 2252222, as Street Extension between Grayson Avenue, N. W., and the City limits, be changed from Residence to Business property, was before Council. The request is referred to the Board of Zoning Appeals for investigation, report and recommendation. LICENSE: A that he be permitted to sell antiques, novelties and pottery in his located at the above address, was before Council. The communication from E. T. Rails, 410 Highland Avenue, S. W., asking residence request is.referred to the City Manager to see if he can work out a solu- tion with the License Inspector to allow this request. REFUNDS AND REBATES: A communication from the Delinquent Tax Collector, asking ithat a refund of $32.62 be allowed the Central Manufacturing Company covering taxes paid in error on Lots 6 and 12, Block 1, National Exchange Map, for the year 1932 The request is referred to the City Clerk for investigation, and if found cor- !reot to draft the proper Resolution granting the refund. REFUNDS AND REBATe: A communication from the Delinquent Tax Collector asking that a refund of $15.20 be made to Parker Lawson covering erroneous assessment on Lot 16, Section 18, Northside, was before Co,mcil. The request is referred to the City Clerk for investigation, and if found cor- rect to draft proper Resolution granting the refund. CLOSING WALKWAY: A petition signed by business concerns and patrons in the City Market area requesting that Council use its influence with the Norfolk and Western Railway Company to have the entrance from East Salem Avenue opened to the traveling public was before Council. The petition is referred to the City Manager to confer with the proper officer of the Railway Company. . REFUNDS AND REBATES: A file including receipts and tax tickets, together with tax notices from the Delinquent Tax Collector, urging payment of PersonalProperty axes for the years 1928~1929 and 1930, in the name of Mrs. C. J. Beckley, amounting ~o $52.58, plus 6% interest from April 20, 1935, was before Council, Mrs. Beckley, s contention being that the taxes in question were paid in full to a representative of T. L. Woods, former Delinquent Tax Collector. $71. 372 The question is referze~ to the City Auditor with instructions to check the records of T. L. Woods to ascertain if there is any reoor~ to show that the taxes have been paid. CURB AND GUTTER CONSTRUCTION: A communication from G. H. Haven asking that Curb and !~'~ before Council. The request CROSS-OVER: Gutter be constructed around his residence at 1901 Staunton Avenus N. W., is referred to the City Manager with power to act. A communication from H. J. gright and E. C. Ashley making applica- tion for a permit to construct two cross-overs into filling station on the South 'side of Campbell Avenue into Lots 13 to 20 inclusive, Section 1, goodla~d Addition, ~was before Council, the City Manager recommending that the permits be granted. Mr. Winn moved that the recommendation of the City Manager be concurred in, and ~offered the following Resolution: (~4589} A HESOLUTION granting a permit to Messrs. H. J. Wright and E. C. Ashley to construct certain cross-overs. For full text of Resolution see Ordinance Book No. 8, page 519 ). Mr. Winn moved the adoption of the Resolution. The motion was seconded by ]&r. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President }ir. Small--5. NAYS: None ...... O. CROSS-OVER: A communication from the New York Life Insurance Company making application for a permit to construct a concrete cross-over to accommodate property located at 541 Washington Avenue S. W., was before Council, the City Manager re- commending the permit be granted. Mr. Winn moved that the recommendation of the City Manager be concurred in, and offered the following resolution: (j4590) A RESOLUTION granting permit to New York Life Insurance Company to struct a certain cross-over. FOr full text of Resolution see Ordinance Bo~k No. 8, Page Mr Winn moved the adoption of the Resolution. The motion was 31g ) · SeConded by con- ~r. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, aud the President }.M. Snmll --5. NAYS: None .... 0. CROSS-OVER: A communication from Frank P. McOaffrey, making application for permit to construct a concrete cross-over to accommodate p ~roperty at 26 Arbutus Avenue S. E., was before Council, the City Manager recommending the permit be granted offered the cross-over. Bear moved that Council concur in the recommendation of the City Manager, following Resolution: A RESOLUTION granting a permit to Frank McOaffrey to construct a certain For full text of Resolution see Ordinance Book No. Resolution. ~inn, ,~d the Application for permit ' Mr. Bear moved the adoption of the ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, i. ? NAYS: None ..... 0. ROANOKE GAS LIGHT COM!~_ ANY: S. E., from L~ontrose Avenue, South 225' to ~ead end, was 8, page The motion was Manager reco~ending that the permit be granted. seconded by Mr. President 5~r. Small --5. to open street on 11~ Street before Council, the City Mr. Powell moved that Council concur in the recommendation offered the following resolution: of the City Manager, RESOLUTION granting a permit to the Roanoke Oas Light Company to install a certain gas main. ( For full text of Resolution see Ordinance Book No. 6, page 320 ). Mr. Powell moved the adoption of' the Resolution. AYES: NAYS: POLICE ILIDI0: and adopted by the following vote: Messrs. Bear, Comer, Powell, Winn, None -----0. A con~nunioation The motion was and the President Mr. from Mr. John seconded by Small ---5. Division of to equip four utilizing the Mot or State oars in the Roanoke facilities of the Roanoke Rhodes, Jr., Director of the Vehicles, Richmond, Virginia, advising the Department was planning territory with radios for the purpose of Police Radio, it being understood that the local station will broadcast any calls that may be desired for the state cars when requested by the proper officers, and that the Department will cooperate in every way possible, but that the State is to bear no expense in the operation and main- tenance of the Radio Station. After a discussion of the question, service subject to revocation by the City of Roanoke The motion was seconded by ~. Powell, and Comer moved that Council authorize the by the Roanoke Police Radio to the Division of Motor Vehicles at any time upon sixty unanimously adopted. furnishing of police cars, days, not i c e. SCHOOL AUDIT: A communication from Leslie A. Kimble & Company reports of the Roanoke City sch°ol Board accounts for the years ending June 30, before Council. L. McCarthy transmitting audit 1934, and J,,ne 30, 1935, together with invoice for $595.45, was The City Clerk is directed to transmit copies to Auditor of Public Accounts, wit~ the request that he advise as promptly as possible if the audit and reports are acceptable to the State. REPORT OF OFFICERS: REPORT OF CITY ~NAGER: The City Manager presented reports of work accomplished and expenditures for weeks ending August 8th, 15th, and 22nd, 1935. The reports are filed. Downs, State APPOIN~t~NTS: The City Manager reported the appointment of S. W. Vaughan, age 21, as Firemsn, effective August 3, 1935, to fill vacancy created by retirement of D. M. Prillaman committed to the State Hospital. ROANOKE HOSPITAL: The City Manager presented report of the City Physician show- ing list of City Patients treated at Roanoke Hospital for month of July, 1935. The report is filed. ~ 'i BURREI.~, MEMORIAL HOSPITAL: The City Manager presented report of the City Physi-;'~ cian showing list of City Patients treated at Burrell Memorial Hospital for month ~f July, 19~5. The report is filed. COMMISSIONER OF REV~UE: The Commissioner of Revenue submitted reports showing summary of all city levies for months of June and July, 1935. The reports are carried over for further consideration at the next meeting of Council. REPORT OF COMMITTEES: KIRK AVENUE: The Committee composed of ~.~essrs. Winn, Bear, Hunter, and Watkins, to hold public hearing, investigation, and make report and recommendation on the question of grading and opening Kirk Avenue between ?th and 8th Streets, S. E., made the following report, with i~r. Bear as spokesman: 373 [ 374 "It appears to the Committee that the question revolves strickly into an engineering and legal one. "The Co-w, tttee felt it did not have sufficient information to formulate a report and recommendation, and suggests that this matter be referred to the City Manager and City Solicitor for report on the question in- volved as to the rights of any particular obstruction in said street." It was moved and seconded the report be received, with the understanding the 'iConm~ttee would continue to function, and make further recommendations to Council at a later date. ? ~' PURCHASE OF PROPERTY-CITY MARKET AREA: Mr. Bear, Chairman of Commt. ttee composed ~of Messrs. Bear, Hunter. and Powell, to consider the purchase of property in the 1 City Market Area, reported that the Committee has not arrived at any conclusions, an ,therefore feel it is not in a position to formulate a report, but that he has been success~ml in having the several options extended on the property in question, and ~that at the next meeting of Council he would present this matter for consideration, and asked that the Committee be discharged. 'Mr. Comer moved that the report be received, and that the request of Mr. Bear that the Committee be discharged, and unanimously adopted. . UNFINISHED BUSINESS: be granted. The motion was seconded by ~.M. . INSTRUCTIVE VISITING NURSES ASSOCIATION: The request of the Instructive Visiting Nurses Association having been before Council and carried over, was again brought up, Mr. Comer stating that Mrs. bills were due on the first take some immediate action. Kirk, the President, had advised him that the Association of the month, and that she would be glad if Council would However, by unanimous consent the matter is carried over for consideration at a later meeting of Council. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREET WIDENING: The question declaring it necessary to widen Greenbrier Avenue .through Grandin Court Annex, was before Council, Mr. Powell offering the following .emergency Ordinance, as drafted by the City Attorney: ~ (~4593) AN ORDINANCE declaring it necessary to widen Greenbrier Avenue through Orandin Court Annex end to extend Greenbrier Avenue by opening and establishing a sixty (60) foot street from the present East termination of Greenbrier Avenue ~'est tc the intersection Co-ncil to Pointing a of United States Highway Route ~221, and to declare the purpose of acquire certain lots and parcels of land needed for that purpose, and ap- Committee to confer with the respective owners or tenants of the freehold of land proposed to be said owners. of said lands and parcels on terms of purchase with ~ Mr. Powell moved acquired and to ( For full text of Ordinance see Ordinance Book No. 8, the adoption of the and adopted by the .]/inn, endeavor to agree iNAYS: None ..... 0. ~ S~ ~IDENING: ~he from M. C. Kindred, 1~'. L. 'i page 320 ). AYES: Messrs. Bear, Or di nanc e. The motion was seconded by Mr. following vote: Comer, Powell, ~inn, and the President Mr. Small --5. question of acquiring certain strips or parcels of land ~eaver, and A. L. Golf for widening 7th Street between Buena ¥ista Avenue and Montrose Avenues So Ko, for street purposes, was before Council, Ufo Beer offering the following Ordinance for its first reading: (~4594~ AN ORDINANCE relative to from M.. O. Kindred, ~. L. Weaver land the purchase of and Ac L. Golf certain strips or parcels of for widening 7th Street be- tween Buena Vista Avenue and Montrose Avenue S. E., Roanoke for street purposes. ~/EREAS, the City Manager of the City of Roanoke has heretofore agreed with M. C. Kindred, W. L. Weaver, and Ac L. Go£f upon the terms of sale and purchase of certain strips or parcels of land owned by the said parties for stroet purposes; and. the said M. C. Kindred, (Single), W. L. Weaver and Blanche T. Weaver, L. Golf and Heater L. GoC£, his wife, have duly executed and ac- conveying said parcels o£ land to the City of Roanoke by metes and his wife, and ~. knowledged deeds bounds, and which said deeds recite the terms and consideration for each of said sales and purchases; and WHEREAS, no ordinance or resolution directing the purchase of said strips or has been passed by Council authorizing and parcels of l-_n_d from parties respectively; 375 I~HEREAS, the City has partially completed the improvements called for in the deeds as part of the consideration to be paid by the City for said lots or parcels of land, and the only thing remaining to be done by way of payment of~the full con- sideration agreed to be paid by the City is the payment of $80.00 to ~. L. ~eaver for the parcel of land purchased from him bM the City and $P~5.00 to M. C. Kindred for the parcel of land purchased from him. BE IT THEREFORE ORDAINED by the Council of the City o£ Roanoke Df each of ~anager be, IT iS FURTHER ORDAINED by the City Council that the deeds executed by M. C. ~inflI'ed (Single}, W. L. Weaver and Blanche T. Weaver, his wife, ~md ~..' L. Golf and Hester L. Goff, by the parties that the purchase said strips or parcels of land from the parties aforesaid by the City and the same is hereby confirmed, and his wife, be, and dated the 15th day of August 1935, signed and acknowledged same are accepted and confirmed by the Council on behalf of She.City of Roanoke, amd the City Auditor She sum of $80.00 and to M. C. Kindred the said parties less any amount due, if any, ~aid on said properties. is hereby authorized to pay to W. L. Weaver. sum of $~5.00, said amounts to be paid to the City of Roanoke for taxes due and ,,n- The ordinance is laid over. MOTIONS AND MISCELLANEOUS BUSINESS: PURCHASE OF PROPERTY - C. & P. T~W.EPHONE G0~AE~Y BUILDING: The City Attorney ~rought to the attention of Council the question of preparing necessary Dapers for the purchase of the C. & P. Telephone Company Building on Second Street. He was asked tO have papers meeting. in question prepared for consideration of Council at its next SCHOOLS: The City Clerk made the ~ion from the Superintendent of Public following report with reference to cow,,unica- Instruction previously before Council. "August 30, 1935, To the Council of the City of Roanoke: I wish to make the following report with reference to the attached communica- tion from the Superintendent of Public Instruction previously before Council and referred to the undersigned for clarification after consultation with the Clerk of the School Board: The salary of the Superintendent of the Roanoke Schools is fixed by the State every five years on a census basis. For the next five years, commencing ~uly 1, 1955, this salary has been fixed .at $E,900.00 per annum, one-half of which is paid by the State direct to the Superintendent. The re_m, ining one-half ($1,450.00) is ,i376 paid by the City, an~ my bo sul~lemented by such the School Board amd ap~ropriated by Council, ( amount aa may be reoon~ende~ Si~ne~ } L, D, ~ames. by The report is filed. W, P. A. PROJECTS= Tho City Manager brought to the attention of Council that iall IRichmond by Noon on September 6th, and !prepared by the Engineering Department 'River at ~asena ,a total estimated $820,000.00. ~ The question was discussed the City would be unable to take applications for W. P, A. projects must be in the State Director's office at advised Council that projects were being for the construction of a bridge over Roanoke to replace the present structure, and also for a new incinerator at cost for both projects of $400,000.00, the City's proportion being · floating a bond informally, it being the consensus of opinion that advantage of the Federal Aid of 45% grant without issue for the city's proportion. The question is left in abeyance for further consideration of Council at a Special Meeting on Wednesday, September 4, 1935. There being no further business, Council adjourned until 2:30 o'clock, Wednesda~ September 4, 1935. APPROVED COUNCI L, SPECIAL MEETING, l~ednesday, Sept ember A, 1955. Ro~m, The Council of the City of Roanoke met in the Municipal Building, Wednesday, Special Meeting in the Circuit Court September 4, 1955, at 2:30 o,clock p. m.~, pursuant to verbal notice given at the regular meeting of Council on Friday, August Comer, Powell, Winn, -_nd the President Mr. Small --5. ~ 1935. PRES~T: Messrs. Bear, ABSENT: None ..... 0. The President, Mm. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. OBJECT OF MEETING: The President, Mr. Small, stated that the adjourned meeting of Council was called to complete unfinished business at its last regular meeting, and any other _n~e__tters that may properly come before Council. PERSONAL PROPEHTY ASSESSMENT: Judge John I~. Hart, Commissioner of Revenue, ap- peared before Council in the interest of Personal Property Assessment, stating the response to letters previously sent out had been "very good", but there was yet · approximately one thousand persons who had made no response, and recommended to Coun- cil that he assess delinquents on the basis of previous years, unless Council cared to appropriate sufficient funds for a deputy to make a house to house canvass. He also recommended that he be allowed to use his best judgment as to penalties for the delinquents, it being his recommendation that those responding to the letter not be penalized, but that all returns made for the one thousand names now delinquent be @enalized. After a discussion of the question, it was the consensus of opinion by Council that the Commissioner be allowed to use his discretion as to penalties, and that the ~ne thousand delinquents be assessed on the basis of previous years. Y. M. C. A: M~. C. R. Williams, representing the Board of Directors of the ~. M. C. A., appeared before Council, as previously arranged, and presented definite ~roposition supported by opinion from Colonel James P. Woods for the City assuming ;itle to the property for purpose Funds to repair the "Y" building. After $orkindale, and !~r. Lucian H. Cocke, ~r., of making application to the Federal Government for the reading of the proposal, Mr. W. J. Mc- spoke briefly in the interest of the City ~ss,,mtng title to the property, the statement being made unless some such action was ;aken there was a possibility that the Y. M. C. A. might be unable to continue its .~rogram on its present setup, and also a possibility that there might be foreclosure ~roceedings instituted by the holder of the mortgage on the property. During a discussion of the question the spokesmen indicated in the event the Oity entered into the agreement as $22,000.00 would be made, and that Ithe funds would be handled without activities of outlined, and application for funds amounting to arrangements for the "Y" furnishing its part of any responsibility to the City, as would future ope=ating the Association. The President, Mr. Small, in commenting on the proposal stated that since the ~ollapse of the Com~aunit¥ Fund last year a good me~y of the agencies have found them- selves unable to carry on, with the result Council has been called on to make appro- priation, and in a number of cases assume responsibility of the agencies, but that ouncil found itself unable to undertake to assume guardianship for all of these ~elfare character building agencies, and that anything that Council might do im this 377 378 particular situation would estaolish a pr®oedent which might plague the Body with respect to other character building agencies. At the suggestion of Mr. Comer, the City Attorney was asked for his opinion in the matter, who stated that the City under its charter can purchase ~nd acquire Iproperty for public use, but in this Instance for the city to acquire ~y" property, he had t~ouble in seeing where that could be linked up with legitmate use. After a further discussion of the question, Council recessed for conference wit ithe representatives, and also a private conference, after which the President, Mr. with sympathic interest to the request; that iSmall, stated that Council had listened ~the matter had been very freely discussed from all angles, and that he regretted to 'inform the committee it was the unanimous opinion of Co,:Boil that the City could not undertake to property for Join in with the representatives for the City assumt nE title to the reasons that had been discussed and outlined. ~r. T. C. Rohrbaugh, Branch Manager, and Mrs. B. J. Carden, ~PA PROJECTS: Women's Director, appeared before Council, and asked that Council authorize the City' $ partioitmtion in a :'~A project coverin~ Servioe Centers for white women located in the school administration building, and for colored women located in Gregory School N. E., for sewing, handicraft and domestic science rooms for a period of ten months, the cost to the City being estimated as $4,000.00, and the Federal Government to ap- Propriate ~181,922.00. After a discussion of the question, and a recess by Council, the President, ~Ir. S~_~!i, stated that Council had temporarily approved, subject to formal and final approval by formal resolution the plan as outlined, with the understanding that if financial conditions make it necessary, Council would have to revoke its action, and ~that the necessary resolution would be drawn and presented to Council for final ac- tion at its next meeting; with the further provision, if it can be brought about, insofar as intake department is concerned that is a matter that can be administered by the Service Center Department, if it is so desired, but that Council would like to have the control of the outgoing so far as clothing and production of the women's work division is concerned for proper distribution by the social service worker, as a part of the appropriation will have to come from that Department. !. i~ ROANOKE TUBERCULOSIS ASSOCIATION: I;~iss Elsie Dyer, Secretary of the Roanoke Tuberculosis Association, appeared before Council, and read a resolution adopted by l~er Board under date of Septmmber 4, 1935, with reference to the City providing facilities for colored tubercular patients at Burkeville, and white tubercular patients at Catawba. The Question was discussed at length with a view of making application to the Federal Govern~.~ent for funds to construct the necessary facilities, after which Council recessed to discuss the Question recess the following memorandum was read before proposal in the matter: the meeting, further in executive session. After the setting forth t~e City, "That the City of Roanoke will undertake to provide its' proportiom of expenses necessary in conjunction with such participation as may be obtained through '~A funds of the cost of erectio~ of facilities at Burkeville for the accommodation of ten colored tubercular patients, and for the erection of similar facilities at Catawba for the accommo- dation of twenty white tubercular patients, these facilities to be available upon designation by the City of Roanoke for interchangeable use of its' tubercular patients whether pavilion o~ infirmary patients. '~ith the further understanding that the City's capital outlay for the construction of facilities at the two above mentioned points will reserve to the City prior call and in~erohangeable use for the number of beds so provided under this plan." The Secretary was directed to ascertain f~om the proper authorities if the City's position in the matter would be concurred in, and report back to council at its next me, sting for final action. SCHOOL BOARD: A communication from the Roanoke City School Board with referents to group of citizens from the northwest section appearing before the School Board urge its consideration of and recmnmendation to City Council of the erection of a Junior High School in the northwest section of the City on land now owned by the School Board, was before Council, it being the opinion of the lpresent school building facilities would be adequate to take in the whole City for a nu~aber of years to come. The Clerk is directed to forw~ard copy of the report to I~M. R. B. %.~itman, spokesman for the delegation proposing the erection of a Junior High School. School Board that its , !: cart of the school hoods WASENA BRIDGE: The question of making application for WPA funds for the erec- tion of a bridge over Roanoke River, known as "Nasena Bridge", was before Council, it being estimated the cost would be approximately $300,000.00. The question was discussed at length, it being the consensus of opinion the only way the project could be financed would be by a Bond Issue, but to make application for the funds would in no way obligate the City, whereupon i~. ~'inn offered the following Resolu- ' tion: (#4595) A R~$0LUTION authorizing the City of Roanoke to file an application to the United States of America through the Federal Emergency Ad~ainistration of .~ Public Works for a grant to aid in finan, cing the construction of bridge over Roanoke .~ ~iver connecting Elm Avenue S. W., and Main Street, Wasena, known as "¥iasena Bridge", and designating the City Manager to furnish such information as the Government may ~equest. BE IT RESOLVW, n by the Council of the City of Roanoke: Section 1. That the City Manager be, and he is hereby authorized to execute ~nd file application on behalf of the City of Roanoke to the United States of ~merica for a grant to aid in financing the construction of bridge over Roanoke River ~onnecting Elm Avenue S. W., and Main Street, Wasena, known as "Wasena Bridge". Section 2. That the City Manager be, and he is hereby authorized and directed ~o furnish such information as the United States of America through the Federal ~mergency Administration of Public Works may reasonably request in connection with ;he application which is herein authorized to be filed. .~tr, Winn moved the adoption of the Resolution. The motion was seconded by Mr. ~omer, who reserved the right to vote against the Question if it ~dopted by the following vote: AYES: Messrs. Bear, Comer, Powell and Winn .... 4. NAYS: The President, ~;~. Smal 1 ................ 1. Messrs. Bear and Powell reserved the righ to vote against ;omes up later. comes up later, 'and the question if it INC]/~ERATOR: The question of making application for YfPA funds for the erection ,f an Incinerator in the City of Roanoke, location to be selected, was before Council, .t being estimated the cost would be approximately ~100,000.00. The question was [iscussed at length, it being the consensus of opinion the only way the proje~t could' ~e financed would be by a Bond Issue, but to make application for the funds in no way] 379 380 obligates the City, whereupon Mr. Bear offered the followiag resolution: (~4596) A RESOLUTION authorizing the City of Roa~ke to file am application to the United States of America through the Federal Emergency A~_mtnistration of Public Works for a grant to aid in financing the construction of a 200-ton Incinerator in the City of Roanoke, location to be selected, and designating the City Manager to 'furnish such information as the Government may request. BE IT RESOLVED by the Council of Section 1. That the City Manager the City of Roanoke: be, and he is hereby authorized to execute and ifile an application on behalf of the City of Roanoke to the United States of America !for a gramt to aid in financing the .of Roanoke, location to be selected. construction of a 200-ton Incinerator in the Cit Section 2. That the City Manager be, and he is hereby authorized and directed to furnish such information as the United States of America through the Federal Emergency Administration of Public Works may reasonably request Zhe application which is herein authorized to be filed. in comlection with Mr. Bear moved the adoption of the Hesolution. The motion was seconded by M~. Comer, on same condition as the previous resolution, vote: and adopted by the following AYES: Messrs. Bea~', Comer, and !~owell .... 3. The President, ~Er. Small ........... 1. NOT VOTING: t~. Winn -- -1. BONDED IL~DEBTEDNESS: The President, :~.r. Small read before Council a statement showing the bonded indebtedness of the City as of September 4, 1935, showing a legal margin of ~57,582.26 as investments for trust funds in the states of New York and Massachusetts. The report is filed. BOOSTER TRIP: The President, Idr. Small, called to the attention of Council the proposal of the Roanoke Boosters on Tuesday, September 10, 1935, and that the City had no official representatives signed up to make the trip. He moved that City Manager Hunter be designated to make the trip, the City to defray the expenses of same. The motion Eas seconded by ~J~. Bear, and so ordered. There being no further business, Council adjourned. APPROVED 381. COUNCIL, REGULAR MEETING, Friday, September 6, 1935. The Council of the City of Room in the Municipal Building, the Roanoke met in regular meeting in the Circuit Court Friday, September 6, 1935, at 3:00 o'clock D. m., regular meeting hour. PRES~T: Messrs. Bear, Comer, ABSENT: None ..... 0. The President, ;&r. S~all, presiding. OFFICERS PRES:~JNT: Mr. W. P. tlunter, !,~IWJTES: Powell, Winn, and the i:'resident i.~. Small- 5. It appearing that a City Manager. copy of the minutes of the previous meeting been the having furnished each member of Council, upon motion of 1&r. Bear, seconded by Mr. Winn", reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS LU_)0N PUBLICI,k~.~ "~""Z ~ Z:IS: STREET CLOSING: Mr. W. H. Horton appeared before Council and asked that certain alleys and streets on Shenandoah Avenue, known as Blocks 3, 4, and 5, Runnymede Ad- : dition, East of 23rd Street, be closed for street purposes, the City Manager concur- ring in the statement that there had been no indication that such action would ad- versely effect other property owners in the area. Upon motion of Mr. Comer, duly seconded, the question is referred to the City ~anager for investigation, and the City Attorney to bring in the proper ordinance. CLAI~S-AUTOMOBILE DAL.~GE: Mr. W. P. Hazlegrove, Attorney for R. appeared before Council and asked that his client be rein~ursed for P. Coleman, damages to his automobile parked on South Jefferson Street struck by a Fire Department ladder truck-Wednes- day, September 4th, stating that while he recognized the fact that the City could not be held legally liable for the damages, in view of the fact that iJ~. Coleman,s car was properly parked, and the damage was no fault of his, that the City should '~ reimburse him for the damages, the estimate cost being $124.50. ~: Upon inquiry it developed the car in question was insured against collisions of~ this nature, with a $50.00 deductable clause. Council thereupon directed that the petitioners handle the matter with the Insurance Company for settlement, and report back to Council the amount of unpaid la, Gages, at which time Council would give serious consideration to making a refund of the $50.00 deduotable. S~'~F_~ ASSESSMENT: Mr. Ralph Glasgow, Attorney, appeared before Council, and asked tha Sewer Assessment against Lots standing in name of Gilbert J. Cox, be 9 and 10, Block 26, Hyde Park Addition, marked off, it being bis contention that a ~ight-of-way deed, dated April 3, 1911, provided for free sewer connection to these Upon motion of D~. Comer, seconded by i./m. Powell, the question is referred to ~he City Manager for investigation and report as to merits of the claim. STREET OPENING: F. 0. Pool, representing residents in the NorthEest, appeared ~efore Council and asked that the 1800 block of Carroll Avenue be opened, this s,me luestion having previously been before Council on an offer of Kimmerling Brothers. The question is· referred to the City Manager to confer with Kimmerling Brothers ~o ascertain the best price for acquiring the necessary right-of-way. ROANOKE TUBERCULOSIS ASSOCIATION: Miss Elsie E. Dyer, Secretary of the Roanoke 382 Tuberculosis Association, appeared before Council and made the following report: "In accord with the mmmmrsndum given by Council on Wednesday, September 4th, investigation has been made with regard to the erection of facilities a~ Pie~_mont Sanatorium in Burkeville for the care of ten colored ~ubercu- lo'us patients. These facilities may be obtained at the cost of $400.00 per bed. This figure has been confirmed'by Dr. I. C. Rig, gin, State Health Commissioner. "Investigation at Catawba for providing for twenty infirmary patients disclosed that a request has been sent to the State for the erection of two infornmry buildings for sixty beds ~ao~ at the cost of $1,000.00 per bed. Whether *r not this request will be granted is not certain. "I would like to suggest that authority be given to secure WPA funds to erect the buildings at Burkeville and that for the present the number of city beds at Catawba be increased from twelve to twenty." After a discussion of the question Mr. Comer moved that authorized to prepare the necessary WPA application for the 'at Burkeville for the accozmnodation of ten colored patients. bY Mr. Bear, and so ordered. the City Manager be erection of facilities The motion was seconde~ The question of constructing additional facilities at Catawba is held in abeyan, and :diss Dyer directed to confer with City Manager Hunter as to the necessity of providing additional beds for white patients at tl~is time, the City Manager to make such recommendations to Council as seems to the best interest of the City. NUISANCE: I!8. B. O. Dillard, Attorney for residents on 9th Street S. E., appear. ed before Council in the interest of petition for removal of barn claimed to be a nuisance, as heretofore before Council, and referred to the City Manager and City Attorney for report, the City Attorney presenting the following report: "Complaint has been made to Council that a stable in the southeast section of Roanoke City is being so used as to constitute a nuisance, and requesting some action in the premises. "The police power is available for the suppresion of a nuisance which offends hearing or smell, or is a menace to safety and health. It has been generally decided by the courts that a stable in a thickly settled community is not per se a public nuisance. It may become such, however, on account of its locality, manner in which it is kept, etc. "The stable in question is owned by a Mrs. Harris. It is an old building and has been used for many years as a horse and cow stable. It is rented at present to a man by the name of Altis, who stabled a co;J an~ two mules in the building until recently. It is not being so used at present for reasons unnecessary to state here. The stable is not located v~lthin a hundred feet of any building and is not, therefore, a fire hazard. No complaint has been made on account of the use of the building until recently. "There vicinity as to offensive odors, play in and about the building. have visited the property since nothing in the way of offensive being made of the propertY. is the usual difference of opinion among property owners in the etc. It appears that boys occasionally The City Manager and Health Officer complaint was first made but detected odors or menace to health in the use "The undersigned City Manager and City Attorney inspected the premises a few days a~o but discovered nothing to justify dealing with the property as a public nuisance. The stable is, ho~'ever, a sort of eyesore in the vicinity. Mrs. Harris seems to fully appreciate this fact. She says that the complainants never took up the matter with her before applying to Council. She further states that she is going to tear the building down within a short while, and in the meantime, she will see to it that the building is not so used as to become offensive or dangerous to public health in any way. "Under the circumstances, we advise that the matter be permitted to rest for the present." Respectfully, ( Signed ) R.C. ~ackson, City Attorney, ~. P. Hunter, City Manager, After fUrther discussion of the question, the report as submitted was saris- Sactory to the delegation. ~ COAL DEALERS: R. A. Fulwiler, Jr., Attorney for a group of Coal Dealers, ap- peared before Council in opposition to amending the present coal dealers license ordinance to allow merchants with regular mercants' license to C. Bond also the body. ~n lots of 100 pounds or less. C. H. Brady and ~o the proposed amendment, ~;hich was read before sell coal in packages spoke in opposition e, After a discussion of the question, and a recess by Council, the President, Mr. Small, stated it was the unanimous sentiment of Council that action on the amendment will be deferred, but that the coal dealers, association will be expect- ed to cooperate in bringing about a proper distribution of sacked coal in small quantities to meet the needs as seem to exist, bit if later on it wes found some- thing had to be done to remedy the situation, Council reserved the right to amend the present coal license ordinance. FIRE DEPAR'2~ENT: A delegation from the Fire De~artment, headed by Chief W. M. Mu.llins, appeared before Council, and presented a letter, together with supporting data, asking that Council give serious consideration to establishing the Platoon system in the Fire Department. Speakers from the com~ittee representing the Fire Department were Assistant Chief J. W. Nichols, Captain R. N. Willis, Capt. G. ~. Craddock, Lieut. R. R. Daniel and Julian S. Wise. Figures furnished by City Manager Hunter indicated to establish the platoon system would entail an additional cost of approximately $31,555.00, per annum to operate the Fire Department. After further discussion of the question, the President, Mr. Sm~ll, stated he thought he expressed the sentiment of Council in saying you not only have a Class "A" rating, but in our estimation an "AA" rating. We don't feel there is a better Fire Department anywhere; we know fire fighting, has become a profession, and: not a vocation, that it has become more or less a public service department, but the position of Council at this time is consideration of the Budget for the fiscal year ending June 30, 1936, which has been prepared for revenue for this period, and at the present time we haven, t any reason to feel our revenue will exceed the ap- propriation; that personally I am in sympathy with the employees of the City, par- ticularly with respect to the Fire Department and the Police Department, and that proper recognition should be given whenever Council is able to do so, but in con- sidering the two platoon system there is a question of whether or not we can close one or two Fire Stations, with a view of possibly reducing the number of additional men required, and it; is doubtful if Council will be able to do anything at the present time, but the matter will be taken under serious consideration, a_n_d if it is found impossible to do anything at the moment, that Council would like to have the Committee come back about the first of idarch at which time we will begin to give consideration of the Budget for the next fiscal yea~. PETITIONS AND COMI~IINICATI 0NS: APPLICATIONS: A communication from K. L. Dove, Blacksburg, tion for position as police officer in the City of Roanoke, was before Council. The communication is referred to the City Manager for acknowledgment in line with present practice of filling vacancies for the police force. Va., making applicaL oysters under regular merchants license was before Council. to the City Attorney for opinion in the matter. CITY TREASuRER: C. R. Kennett, Treasurer, submitted report tions for month SEAFOOD DEALERS: A petition from Seafood dealers licensed to do business in the City of Roanoke, Drotest~ng against grocery stores and others selling fish and The petition is referred showing tax ¢ollec- of August, 1935, showing total collections of $22,514.17, was before Council. The report is received, and the Clerk directed to ask for comparative figures for same month of 1934. BICYCLES: A communication from Edwin J. Davis, 820 Campbell Avenue S. V 384 complaining of persons riding bicycles at night without using a standard light, as provided for in Ordinanoeo The oonnnunioation is referred to the City Manager, with the request; he ask the Superintendent of Police to inforoe the present ordinance covering the subject in question. COMPLAINTS: A communication from Frank R. Angell, complaining of manmer in which the Dairy Fountain, Corner of Auburn Avenue and Carter Road, R. C., is being operated, and asking that an ordinamce be adopted regulating the closing hours, was before Council. Mr. Bear and Mr. Winn are appointed as a Committee to work out ways and means .to amend present ordinances covering this question, or draft new ordinances provid- ~ing for closing of places of business in residential sections at regulated hours, rand bring report back to Council as early as possible· . :~'~ · COI~PENSATION BOAHD: A commu~ication from I&r n. R Combs, Chairman of the Compensation Board, advising that Council is "without power" to make changes in salaries of employees in the office of the City ~Teasurer, Commissioner of Revenue, and Commonwealth Attorney during the remainder of the present calendar year, was before Council. The City Clerk is directed to send copies of the communication to heads of departments interested. INSURAI~CE: A communication from Mr. P. H. Tucker, Purchasing Agent, with reference to continuing instbrance policy with the American Motorists Company, which policy expires on September 12, 1935, was before Council. ~ferred to the City Manager for consultation with the Purchasing 'back to Council recommendation at the next meeting. The c ommuni cat ion i s re- Agent, and bring M0~qER'S AID: Communication and supporting papers from Judge Ran G. Whittle, 'with reference to Mother's Aid, was before Council. The City Clerk is directed to confer with Judge ¥~hittle, MLrs. James J. Izard, and Mrs. Sadie Y. Burnett, and bring the question before Council at its next meeting REPORTS OF OFFICERS: i~ R~0RT OF THE CITY MANAGER: The City Manager presented report of work ed and expenditures for week ending August 29, 19~5. The report is filed. accomplisl JU~ Y~RD: The City Manager made the following report with reference to Junk Yard complained of by Wood Brothers Coffee Company: "Regarding the complaint of the Wood 2~ro~h~s~s Coffee Company about automobile junk yard at 120 Third St., S. E., operated by J. A. Minnix. iCompany. "In company with the City Attorney amd the Chief of the Fire Department, we visited this junk yard and the party operating it advised that he is planning to move the old automobiles to another location where there will be no objections to this type of business and will only sell spare parts at the present place of business. All automobiles piled against the building occupied by '~;ood Brotkers Coffee Company will be moved ~t once." The City Clerk is directed to send copy of the report to Wood Brothers Coffee ! APPOII~IZ,[.~NTS: The City Manager 'of the Fire Depa:r~t;ment: "I wish to report the following P. M Huff resigned effective August 15, 1935 A.K. Hughson, Age 26, appointed to fill vacancy, ~lhe report is filed. !! reported the following changes in the personnel change in the personnel of the Fire Department: effective September 2, 1935 REPORT OF CITY ATTORNEY: STREET CLOSING KIRK AVenUE: The City Attorney made the following report with reference to the closing of Kirk Avenue, heretofore petitioned by property owners in the section between 7th and Sth Streets. "Certain parties are asking Council to open, street thirty (:50) feet wide commencing at extending eastwardly to 8th Street. oonstruct and maintain a the west line of 5rd Street, "Another controversy has arisen as to the right of a citizen and land owner to close what is known as 4th Street from Norfolk and Campbell Avenue to Church Avenue. This strip of land is located on a lot owned by ;Ar. Eanes. The interests involved were originally owned by the ~oodland Park Company. The owner of the land made a map, which was recorded in 1890, showing lots and streets. The Highland Co. Inc., became the successor in interest of the holdings of the Woodland Park Company. T~e strips of land shown on said map are located within Sections ~1 and ~2 of the map aforesaid. It is questionable whether the plat of the land and lots in this addition by the owner constitutes a sufficient statutory dedication of these strips of land as streets. However this may be, whether there is a sufficient statutory dedication or a co,much law dedication,it is well settled that, in order to constitute complete dedication of a strip of land as a street, there must not only be an intention of the owner to dedicate the land to public use, but an acceptance thereof by the public, proof of which must be clear and satis- factory, and unequivocally evidenced either by resolution of record, or by the acts of the proper authority, recognizing the existence of the way as a public one and holding and treating it as such. In Hot Springs v. Lowman, 1~6 Va. 424, our Court of Appeals said, that acceptance need not follow the offer of dedication at once; it is sufficient if made within a reasonable time and before the withdrawal of the offer, snd that an offer may be accepted until revoked. "Again the court, in Chambers v. Company, 111 Va. 254, declared that a dedication of streets by a recorded map never acted on by opening the streets is not complete, and as to unopened streets, the dedication is merely inchoate subject to be abrogated by subsequent events. "Under these authorities and many others of like import which could be cited, no evidence is available that the City ever expressly or impliedly accepted these strips of land for public use. No work of any kind has ever been done in the way of improving the strips of land for public use. "In perhaps the year 1914 the Norfolk and Western Railway Company extended a spur tract sixteen (16) feet wide from Third Street extended to Eighth Street along and over the thirty foot strip shown on the map of the Woodland Park property. The question arose at that time as to the rights of the City in connection with the strip as a street. The owner of the property, the Highland Company, Inc., took the position that the City had never accepted the paper dedication of the property for street purposes, and the record shows that the right-ofpway over this strip of land was granted the Norfolk and Western Railway Company by the owners without any objection frcm~ the City. "In Section ~2, the western portion of the property, permanent improve- merits have been constructed and m~intained for a number of years on portions of the strip of land embraced in this so called street. In the conveyances made on lots in these two sections adjoining this strip of land, the deeds sometimes describe the lot as extending to a "thirty foot alley,', other deeds to a "side track right-of-way." "Under the authorities above referred to and many other of like import which could be cited, and under the circumstances as we have them here, there is no evidence of an intention on the part oi' the City to accept the offer of dedication of these streets or ways laid do,m on Sections ~l and ~2 of the Woodland Park property map. It also clearly appears that the owners of the property had the right and power to withdraw the original offer of dedication of these streets or ways, and that right and power was exercised many years ago. "The City of Roanoke, therefore, has no right strips of land, either actual or inchoate." or interest in these Mr. Bear, Chairman of a Committee to investigate the question recommended the report of the City Attorney be adopted as the report of the Co--tree, Commendation was concurred in by other members of the Core, tree. which re- On motion of D~. Comer, the report is adopted, end the City Clerk is directed ~o send interested parties copies of the report. The motion was seconded by Mr. ?owell, and unanimously adopted. I~]~ORTS OF CO~-I~ TTE~: None. UNFINISHED BUSINESS: ~. .i INSTRUCTIVE VISTTING NURSES ASSOCIATION: The communication from the Instructive ii ~isiting Nurses Association, previously before Council, was again before the body, :: .385 386 and upon m~tion of Mr. Comer the question is referred to the City Manager to obtain option amd report from the City Health Officer as to whether or not the Health Department can take over the activities now handled by the Instructive Visiting Nurses, with request he 'report back to Council. The motion was seconded by and unanimously adopted. CONSIDEP~TION OF CLAIMS: No~e. INTRODUCTION AND CONSIDERATION OF 0RDINAJICES AND RESOLUTIONS: PURCHASE OF PHOPERTY - C. & P. TELEPHONE BUILDING: The question of purchasing iproperty at 319 Second Street S. ~., known as "old telephone building", was before Council, Mr. Comer offering the following Ordinance for its first reading: (#4597) AN 0RDINANOE relative to a~ authorizing the purchase by the City of Roanoke from the Chesapeake and Potomac Telephone company of Virginia of a lot .and building located at 319 Second Street S. W., in the City of Roanoke, at a price of $37,500.00, $7,500.00 thereof to be paid in cash and the appropriation of said cash payment out of the General Fund of the City, the balance of the purchase money of $30,000.00 to be evidenced by six notes of the City, payable annually, in the sum of $5,000.00 each, and secured by a deed of trust on the property purchased, and authorizing the Mayor and City Clerk to execute and deliver the aforesaid deferred purchase money notes and the deed of trust securing the same upon the execution and delivery by the Chesapeake & Potomac Telephone Coiapany to the City of a good and sufficient deed, with covenants of general warranty of title, conveying said propert to the City of Roanoke. V~EREAS, by Ordinance No. 4562, heretofore adopted by the Council for the City of Roanoke on the 26th day of July, 1935, the City of Roanoke accepted the proposal of the Chesapeake and Potomac Telephone Company of Virginia and agreed to purchase for the City of Roanoke a certain lot and building thereon, owned by the Chesapeake and Potomac Telephone Company of Virginia and located at No. 319 Second Street, S.W. in the City of Roanoke, Virginia, said property being located on the west side of Commerce Street, beginning at a point 36.75 feet north of Church Avenue and fronting on the west side of said Commerce Street 36.75 feet northerly from said beginning point, and extending in a westerly direction between parallel lines 147 feet more or less to an alley, at the agreed purchase price of $37,500.00, payable as in said ordinance set out; and ?~, the acquisit ion and ownership of essential for the City's to extend er supplement ly describing and specifying the terms of said purchase and the authorization of its consummation and the execution of the deferred purchase money notes and the deed of trust on said property to secure the same; N0~, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, in meet- lng assembled; said property is deemed necessary an~ uses ~nd purposes, and it is deemed advisable and necessary said ordinance for the purpose of more definitely and accurst 1. That the purchase by the City of RoanoKe from the Chesapeake and Potomac ,.,,Telephone Company of Virginia of the lot and building thereon, hereinabove described ~and at the price ami upon the to~'m~ herein set out, be and the same is hereby appro- authorized, ratified and confirmed. 2. That the purchase price for said property shall be the sum of $37,500.00, ired, $7,500.00 thereof cash and the balance of $30,000.00 payable in six equal annual evidenced by six negotiable, interest bearing, prom!_ssory notes of installments, the City of Roanoke, payable to bearer, with the right of anticipation, each thereof in the sum of $5,000°00 and to bear even date with the deed to be executed and livered by the Chesapeake and Potomac Telephone Company of Virginia to the City of Roanoke, the deferred purchase money notes to bear interest from their date as follows: to-wit: The first two thereof maturing one and two years, respectively, after date, at~ ~% per annum; the second two thereof maturing three and four years, respectively, after date, at ~ per annum; and the third two thereof maturing five and six years,.! respectively, after date, at 3~ per annum. Ail of said deferred purchase money notes to be secured cient deed of trust on said property. by a good and suffi- 3. The Mayor and City Clerk be and they hereby are authorized, empowered and directed to execute and deliver to the said Chesapeake e. nd Potomac Telephone ' Company of Virginia the aforesaid six notes, evidencing the deferred purchase money on said property, and the deed of trust securing the same, and to pay to the said Chesapeake and Potomac Telephone Company of Virginia the aforesaid cash considera- tion of $7,500.00, and make delivery of the aforesaid deferred purchase money notes in the aggregated principal sum of $30,000.00, and the deed of trust aforesaid se- curing the same, upon the delivery by the Chesapeake and Potomac Telephone Company of Virginia of a good and sufficient deed conveying the aforesaid property to the City of Roanoke with covenants of general warranty of title. 4. There is hereby appropriated out of and directed to be paid from the General Fund of the City of Roanoke the s~m of $7,500.00, with which to make the cash payment on the purchase of the aforesaid property. 5. That the recordation of the aforesaid deed of Conveyance to the City of Roanoke and the recordation of the deed of trust as aforesaid securing the deferred purchase money of $30,000.00, and any and all other proper costs and charges pertain% lng to or in connection with the consummation of the aforesaid purchase, shall be borne by the City of Roanoke, and the necessary appropriation therefor is hereby made from the General Fund of the City of Roanoke. 6. The M~yor and the City Clerk be and they are hereby further authorized, requisite and necessary the purchase of said property in the manner and ~powered and directed to do all such other things as may be o fully effectuate and consummate pon the terms as herein set out. 7. To what, ever extent, if any, the aforesaid Ordinance No. 6156~ is in conflict terewith, the same is hereby repealed. Otherwise the same to remain in full force and ~f fec t. 3'87 The Ordinance is laid over. SIDEW~I~K SWEEPLNG: A proposed Ordinance to provide for sweeping and keeping roved sidewalks clear of dirt and refuse, and requiring ~ame to be deposited im containers, was before Council, and after a discussion of the Ordinauce, at the Suggestion of the President, M~. Small, the Clerk is directed to send copies of the roposed Ordinance to the Retail Merchants Association, the Chamber of Co_mm~erce, ~d the ~erchants Protective Association, with the request such organization circu- larize its membership to ascertain definitely if such an ordinance is desired. ~fPA PRO~ECT-SE~ING ROOMS FOR WO~.~: The question of providing f,;nds for ~PA project covering Service Centers for w~nen, as previously before Council, was again discussed, Mr. Winn offering the following Resolution: (~4598) A RESOLU'KiON authorizing the participation of the City of Roanoke in ~PA projects covering Service centers for white women, located in the school adminl~ tration building, and for colored women located in Gregory School N. E., for sewing, handicraft and domestic science rooms, in the City of Roanoke for period of ten months, the cost of same to the City of Roanoke to be charged against direct work relief appropriations as carried in the Budget for fiscal year ending June 30, 1935 ( For full text of Resolution see Ordinance Book No. 8, Page 324 .). M~. Winn moved the adoption of the Resolution. Powell, and adopted by the following vote: The motion was seconded by M~. AYES: 1,1essrs. Bear, Comer, Powell, Winn, and the President Mr. Smell --5. NAYS: None .... 0. SOb~JDMAKING DEVICES: A proposed Ordinance regulating the use of and operation of ~radio devices or other devices for the amplification of sound ?poses, was before Council, and upon motion of ~r. Bear, duly is laid over. PURCHASE OF PROPERTY: The following Ordinance havinc been previously introduced for advertising put- seconded the question was again before Council, l~'lr. Bear offering same for its second reading: (~'~4594) jd~ 0?,DINANCE relative to the purchase of certain strips or parcels of land from M. C. Kindred, .,. L. Yjeaver, and ~. L. Goff for widening Seventh Street ~between Buena Vista and ~iontrose Avenues, S. E., Roanoke fo~~ street purposes. ~r. Bear moved the adoption of the ordinance. Powell, and adopted by the following vote: LYES: ~essrs. Bear, Comer, NAYS: None ..... 0. ( For full text of Ordinance see urdinance Book No. 8, Page SB2 ). The motion was seconded by ~!~. Powell, Winn, and the 2resident L~r. Small --5. PURCHASE OF PROPERTY-MARKET ARW~: 2&r. Bear brought before Council draft of an Ordinance authorizing and directing the purchase of certain property located in the City of Roanoke, and more fully setout and described in options, to be used for general city purposes, which ordinance was read before Cou~cil, followed by a dis- cussion of the m~_rket question. ~r. Bear explained he had secured the options re- ferred to, feeling that unless some steps are taken pro~___ptly to relieve the conjecte~ situation at the market due to lack of stall space sn_d parking facilities that the market will suffer for lack of these facilities, and with this thought in mind he wa~ offering the ordinance. Mr. Winn seconded the motion of 2~. Bear, explaining he was doing so in order to get the matter before Council for the purpose of bringing it to a vote, ho~ever not committing himself as to how he would vote: ~ When the question ~s brought to a vote, it was lost by the following vote~ AYES: Messrs Bear ...................... 1 i~ NAYS: Messrs. Comer, Powell, Winn, and the ~resident, .Mr. Small-4 ,~ MOTIONS AND L~T_SCELLANEOUS BUSINESS: ii CODIFICATION OF ORDINANCES: The City Clerk brought to the attention of Council that the work of codifying the City Ordinances ~as now at a standstill, and asked Council's opinion or suggestion as to procedure to follow in bringing the work to e omple t i on. iThe Clerk is ~irected to give further consideration to the question, and bring back to Council at a later date his recommendation. SE¥~ER ASSESSMENT: A request from M. W. Turner for marking Qff interest on sewer assessment for Lot 5, Section 86, Melrose, from March Council. 1925, was before The rights in collecting the interest in question. request is referred to the City ~ttorney for legal opinion as to the City,s~ SERVER ASSESSMENT: The request of M. B. Cunnlngham, Corner Wasena Avenue and ~ 6th Street, for marking off sewer assessment on Lot 1, Section 20, Wasena,. amountingl t6 $15.42 to offset sidewalk construction in front of his property at his own expense at a cost of $84.24, was before Council. ,, The question is referred to the City Manager to ascertain if l&r. Cunningham petitioned the City for the sidewalk. SE~'ER ASSESSMENT: The request of H. L. Lankford for refund of interest paid on sewer assessments on Lots 9 and 16, inclusive, Section 14, Roanoke Land & Improvement Company, heretofore before Council an.d referred to the City Clark for investigation, was again before Council, the Clerk advising from his investigation there seemed to be no question about the oorrec~ness of the tnteresg being due in accordance with Ordinance adopted by Council. On motion of ~. Comer the Clerk is directed to notify Mr. Lankford that Council undertakes to handle each question of this nature on its merits, and in this particular incident there seems to be no justification for a refund of interest paid~' The motion was seconded by ~:~. Powell, and unanimously adopted. ASSEoo.~To: The President presented to Council statements from the State $ Corporation Commission showing assessed value of Electric Light and Power Corporations, Gas and ~:'ater Corporations, Pipe Line Transportation Corporation, Steamboat and ~.l~amship Companies, Express Companies and Sleeping Car Companies; Telephone and Telegraph Companies; Canal, Railroad ~md Electric Railway property, for purpose of 1935 taxes, the same being filed ~ith the City Clerk with request that they be de- livered to the City Auditor, with instructions he make comparison of assessments for the year 1934 and 1935, and submit a statement to Council at the earliest possible moment in order that Council may determine whether or not it wishes to protest these ~ssessments. There being no further business, Council adjourned. APPROVED President 389 390 O0UNC~ L, REGULAR MEETING, Friday, September 15, 1955. The Council of the City of Room, in the Municipal Building, the regular meeting hour. PRESk~,IT: Messrs. l'owell, Winn, Roanoke Friday, met in regular meeting in the Circuit Court September 13, 1935, at 5:00 o'clock p. m., and the Vioe-Presi~en$,Mr. Comer---3. ABSENT: Mr. Bear, and the t~resident, idr. Small .................... 2. The Vice-President, Mr. Comer, presiding. "' D Hunter City Manager. OFFICERS PRESENT: ~&r. ,. _. , I[INUTES: It appearing that a copy of the mt~nutes of the previous meeting having been furnished each member of Council, uI~n motion of l&r. %%'inn, seconded by Powell, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC !.~TTERS: None. PETITIONS AND C0!~IUNICATIONS: STREET I~,IPROV~IENTS: A petition from the Burrell Memorial Hospital and other residents on or near Lynchburg Avenue, N. W., expressing thanks and appreciation to Council for the improvement of Lynchburg Avenue, N. W., was before Council. The petition is filed. Pb~CHASE OF PROPERTY: A communication from Edward Stafford Seeligson, offering for sale to the City property on Jefferson Streets, between Day and. Ella Avenues, nm.~bers 710-?17 for future use as sub-station or branch of the Central Post Office, was before Council. The City Clerk is directed to acknowledge receipt of the letter and advise that the City is not interested in purchasing any additional property at the present time. ~ R0~q0KE TUBERCULOSIS ASSOCIATION: A co~nunication from Miss Elsie E. Dyer,, Executive Secretary of the Roanoke Tuberculosis Association, expressing the apprecia- tion of the four Hamner sisters 0thelia, ~lga, Eva and Thelma, of the City having provided care for them for a gotal of forty-two months in the sanatorium, and twelve ~onths ~n ~ke City Home, after their own funds had been exhausted. i is filed. · LEAGUE OF VIRGINIA 4qINiCIPALITI~I~: A communication The communication from the League of Virginia Municipalities expressing th~mks for the splendid d~legation '~o attend the Conven- !~tion at Fredericksburg on September 23rd to 26th, ~'~as before Council i The City Manager is requested to meke reservation for five at the Stratford Hotel for the occasion. ! PDRCHASE OF PROPERTY-P~dt~ ~ND PLAYGROD~IDS: A communication from the Jackson .Neighborhood Council again endorsir~ and recommending that the City purchase the Rogers property in ~he Southeast Section of the City for Park and Playground pur- poses. ! The communication is referred to the Comm~.ttee appointed to consider this matte~ AUDITS-SCHOOL BOARD: A communication from L McCarthy Downs, Auditor of Public ! Accounts, advising that the Audit of the accounts of the School Board as made by Leslie A. Kimble & Company has been examined and the reports appear to conform to th~ ~ecifications as furnished by the Auditor of Public Accounts, and are therefore accepted 'by the State, was before Council. The City parties copies JUNK YARD: Manager complaining of'Junk yard operated by on Highland Avenue S. E., was before Council. Clerk is directed to file the oon~nunication, and fo~ard to interested if the reports as submitted by Leslie A. Eimble & Company. Copy of oommunioati'on from M. C. Franklin addressed to the City the Roanoke Scrap Iron & Metal Company Mr. Hunter advised that the City was without authority to take any steps other than see that no obstruction is permitted in the street. The question is referred to Mr. Hunter for investigation and report. ROANOKE WATER WORKS COI,~PA~-Y: A communication from J. R. Garnett, Recording ~ecretary of the Rayon Textile Workers Union, Local 184B, with reference to Survey and Report of the Hoano~e Water Works Company, was before Council. The City Clerk is directed to confer with tile L~ayor, Mr. S~nall, before acknowledging receipt of'the letter. BOARD, OF ZONING A_~F~LS: A report and recommendation from the Board of Zoning ppeals with reference to changir~ Lot No. 41~2001 and Lot No. ~12~00~, located on outheast 'corner of Highland Avenue and 9th Street ~. E., from Residence District · o Business Dxstrict, as petitioned by Attorney L. G. Muse for }.'Ir. Wingo, the owner, ~as before Council, the Board recommending that the request be denied, but suggests ~,hat in conformity ~rl. th the Zonir~ Ordinance, City Council advertise a Public Hear~.ng. On motion of I.,~r. Powell, seconded by l. Lr. Winn, the City Clerk is directed to ~'orward interested parties copy of letter from the Board of Zoning Appeals and ascer- ;ain if it is desirable to advertise a Public Hearing. BO.~D OF ZOI,tING APPEALS: A report and recommendation from the Board of Zoning ~ppeals with reference to changing Lot No. 2232222, located on the east side of 10th ltreet Extension between Grayson Avenue N. W., and the City Limits, from residence [istrict to business district, as petitioned by l~!r. Earl O. Bradshaw, was before louncil, the Board recommending the request be denied, but suggested that in conform~_ity rith th~ Zoning Ordinance, City Council advertise a Public Hearing. On motien of ~,Ir. Winn, seconded by LLr. Powell, the City Clerk is directed to forward 1~. Bradshaw copy of lettei· from the Board of Zoning Appeals and ascertain if it is his desire that a Public Hearing be advertised. BO~tD OF 7.0:~tlNO id~PF~J.~S: A report and recommendation from the Board of 7,oning ~ppeals with reference to changing property located on the southeast corner of ~IcClanahan Street and Rosalind Avenue, South Roanoke, from Special Residence District to a Business District, as petitioned by S. A. Duerson, was before Council, the Board recommending that Council deny the request, and in view of the opposition on the part ~f property owners immediately adjacent to the lots in question that the City not go ~o the expense of advertising a Public Hearing. On motion of ~'. Powell, seconded by i~.{2, rdinn, the report of the Board of 7.on- ing Appeals is received and approved. C~P~NTS-POLICE D~g2t~I,I'T: A letter addressed to "The Roanoke Times" and copy forwarded to the Council of the City of Roanoke, by C. M. Littleton, Jr., of Charlotte, ~. C., complaining of treatment received at the hands of tt~e Roanoke Police ~arttcularly with reference to Policeman No. 15, was before Council. Department, The communication is referred to the City Manager with instructions to ~nv~sti-~ ;ate the complaint, and bring back report at the next meeting of Council. CODIFICATION OF 0RDLNANCES: A commm~ication from Mr. C. S. McNulty offering Zis services and making prGposal for the completion of the codification of City 391 392 ordinances was before Council. The communication is laid over for later consideration. REFUNDS AND REBATES: A oonmmnication from JudEa John M. Hart, Revenue, asking that a refund of $16o39 be made to Kyle B. Walker and R. ~127 Kirk AVenue $. W., for overcharge of Restaurant License No. 2966. ¢on~nissioner of L. Carney, It was ex- plained the error was occasioned by charging a full year's license, whereas the amount should have been pro-rated, and that the refund was in order. Mr. ~inn, thereupon, offered the following Resolution: (~4599) A RESOLUTION to refund Kyle B. Walker and R. L. Carney $16.39 covering ~overcharge of Restaurant -Powell, and adopted by the following vote: License. For full tex~ of Resolution see Ordinance Book No. 8, Page_526--}. Mr. Wtnn moved the adoption of the Resolution. The motion was seconded by AYES: i/.essrs. Powell, Winn, and the Vice-President, :,tr. Comer---3. NAYS: None ....... 0. (Messrs. Bear and Small absent ). REFUNDS .~ID RaBATES: A communication from ~; W. Krebs, Electrical Inspector, a~ ing that a refund of $7.25 be made to the Varney Electric Company covering overchar~ of inspection fee, as shovm by electrical inspection permit #745. Mr. ~'inn, thereupon, offered the following Resolution: (~4600) A RESOLUTION to refund the Varney Electric Company $?.25 for overcharg~ of inspection fee. ( For full text of Resolution see Ordinance Book No. 8, page 327 .). .'_~r. Winn moved the adoption of the Resolution. The motion was seconded by Mr. JPowell, and adopted by the follo~'Jing vote: AY...S. ~lessrs Powell, ~Jinn, and the Vice-President, Comer--3. NAYS: None ..... 0. JAPanESE BEETLES: A communication fromM r. G. T. French, State Entomologist, Commonwealth of Virginia, Department of Agriculture and ImmLigration, Division of Plant Industry, Richmond, advising that twenty-eight ~apanese Beetles have been collected in Roanoke during the year, and asking if the City of Roanoke would be interested in furnishing lead arsenate to treat the area infested, the approximate cost being $1,000.00 for each ten acres, at the rate of one thousand pounds of arsenate of lead per acre. The question is referred to the City ~anager for investigation and to report back to Council. MOT'-VnERS' AID: A communication from Judge Ran. G. Whittle, with reference to ~Mothers' Aid was before Council. Th~ City Clerk 'advised that the Question hereto- i. ~, fore before Council and referred to him for investigation had not as yet been com- ipleted. The communioation is referred to the City Clerk to bring in report at next !meeting of Council. i ,REPORT OF OFFICERS: !. CITY TREASURER: A communication from City Treasurer with reference to report ~of August collections heretofore before Council, was ~efore the body, the report !showing collections for August 1934 of $40,023.26, as compared with August, 1935, !of~ 2~22,014.17. The report is filed. CITY_ AUDITOR: A report from the City Auditor showing comparison of Public iService Corporations levies for the years 1934 and 1935, ~,as before Council, the !report showing a to~al increase for 1935 as compared with 103~ of $~?0,129.00. The !report is filed [! REFUNDS AND R~A~S: The City Auditor submit~ed report with reference to delinquent taxes in name of Mrs. C. J. Beckley for the years 1926, 1929, end 1950, advising the records of T. L. Woods, former Delir~tuent Tax Collector, do not show that these taxes have been paid nor does it show any partial payment thereon. On motion of Mr. ~inn, seconded by I..tr. Powell the Delinquent Tax Department. the question ia referred back to REPORT OF THE CITY ~/J~NAGER: The City Manager submitted report on work and ex- penditures for the week ending September 5, 1935. The report is filed. INSTRUCTIVE VISITING NURSES ASSOCIATION: The City Manager made the following report with reference to the Roanoke Instructive Visiting Nurses Association: "This is to report on the communication from 1,1rs. T. Allen Kirk, President of the Instructive Visiting Nurses Association, asking that the City Council either increase their appropriation for the 1935-36 budget by $1,588.50 bringing the total appropriation to $9,607.00, the amount requested by this Association in its budget, or that the City take over the work of this Association. "The Health Department can take over the supervision of this work with an additional appropriation to take care of the necessary personnel, but this work is curative and not preventive and there- fore, not a public health activity. "It is my recommendation that the necessary increase of $794.25 be provided for the continuance of this work by the Visiting Nurses Association until January l, 1936, and this Association be notified that effective January 1st, the bedside nursing service to indigent persons will be provided by t'he City and organized and directed by a full time City Physician. It is my recommendation that in connection with this work the City Physician establish a medical dispensary for dispensing necessary drugs to. indigent patients." Action on the question is 'deferred until full membership of Council is present. SEWER ASSESSMeNt. IT: The City i'~anager made the following report with request of Ralph Glasgow, s, Attorney, for release of sewer assessment against Lots 9 and 10, Block 26, Hyde Park Addition, standing in name of Gilber J. Cox: "Regarding the request of I&r. Ralph Glasgow, Attorney to have sewer assessment released against Lots 9, and 10, Block 26, Hyde Park Addition. "Upon investigation of this matter I find that the sanitary sewer and 24" storm drain are constructed through these lots and the deed for right-of-way signed on April 3, 1911, provides that no assessment for sanitary sewer is to be made against these lots. "Therefore, it is my recommendation that the sewer assessment for Lots 9 and 10, Block 26, Hyde Park Addition,, standing in name of Gilbert J. Cox s~nounting to $22.04 be released." Mm. Powell moved the report be accepted, and offered the following resolution: (#4601) A RESOLUTION to release se~'~er assessment against Lots 9 and 10, Block 26, Hyde Park Addition, standing in name of Gilber J. Cox. ( For full text of Resolution see Ordinance Book No. 8, Page 327 ). Mr. Powell moved the adoption of the Resoluti6n. tdr. Winn, and adopted by the follo~ing vote: The motion was seconded by AYES: Messrs. Powell, Winn, and the Vice-President, E~r. Comer --3. NAYS: None ..... 0. STREET OPENING CAP~OT.T. AVE~UGE: The City Manager made the following report with reference to opening Carroll avenue betwee~ 18th and 19th Streets: "Regarding the petition from citizens in the vicinity of Carroll Avenue and 18th Street N. ~'~., asking that Carroll Avenue from 18th to 19th Streets be opened. In fUrther conference with Kimmerling Brothers Inc., they are still willing to accept my recommendation of May 3rd, to give the necessary land amounting to 0.43 of an acre to open Carroll Avenue between the above named streets if the City will release the sewer assessment against six lots known as Lots ~, 4, 5, 6, 7, and 8, Block 62, Melrose Land Map owned by them amounting to $315.37." The report is laid over for consideration when full membership of Council is present. REPORT OF COE~.[ITTE~-q_: 3.93 [394 STREET OPENING-GREENBRIER AVENUE: Report of Committee composed of Messrs. Bear, Cc~er, and Hunter, with reference to opening Greenbrier Avenue through Grandin Court Anaez was before Couacll, the report being as follows: "In compliance with Ordinance No. 4595 deolaxing it necessary to widen Green- brier Avenue through Grandin Court Annex and to extend Greenbrier Avenue by opening and establishing a sixty (60) foot street from the present East termination of Greenbri er Avenue h'est to the intersection of U. S. Highway Route ~221, and appoint- zing James lland A. Bear, Councilman, J. W. Comer, Councilman, and W. P. Hunter, City Manag ~r, ! committee to confer with the property owners in regard to acquiring the necessary for widening and opening Greenbrier Avenue. We wish to report we were unable reach an agreement with the following property ::widening and straightening of this street;. owners as to damage caused by the "DIA~IOND REALTY CORPORATION: A strip or parcel of land containing 1320 sq. ft. or .03 acres, more or less, and being that protion of a lot conveyed to the Diamond Realty Corporation by deed dated November 23, 1928, and recorded in Deed Book 528, page 163, in the Clerk's Office of the Hustings Court of Roanoke City, lying between the present south property line of Greenbrier Avenue and the newly established south property line of same, as shown on map and plan ilo. 1180 on file in the office of the City Engineer. "C. E. HOLCOMB: A strip or parcel of land containing 2050 sq. ft. or .047 acres, more or less, and being the northern portions of Lots B. and C. of the ~uumie L. St. Clai~ ~,lap, and being also that portion of land owned by C. E. Holcomb lying between the present south property line of Greenbrier Avenue and the newly established property line of same, as sho~a~ on map and plan no. lla0 on file in the office of ~he City Engineer. "DIA~d0ND R~,~?f COHt:0::aTION: A strip or parcel of la~d contsining 2000 sq. ft. or .046 acres more or less, and being the northern portions of Lots D and E conveyed to the Diamond Realty Corporation by Annie L. St. Clair by deed dated November 23, 1928, and of record in deed book 528, page 163, in the Clerk's Office of the Hustings Court for the City of Roanoke, Va., as shown on map and plan No. ll80 on file in the office of the City Engineer. "MAUD D. oTON,-.. A strip or parcel of land containing 2000 sq. ft or .046 acres, more or less, and being the northern portions of Lots F and G conveyed to !..iaud D. Stone by Annie L. St. Clair by deed dated Sept. 17, 1925, of record in Deed Book 146, page 458, in the Clerk's office of the Circuit Court for the County of Roanoke, Va., as shown on map and plat No. lla0 on file in the office of the City Engineer. "RUTH HYDE HOLCOM~: A strip or parcel of land containing 17,750 sq. ft., or .41 acres, more or less,and being part of lots 5, 6, and 7,. Block 19, Grandin Court Annex Map, the whole of above mentioned lots being conveyed to Ruth Hyde Holcomb by deed dated November 25, 1932, of record in Deed Book 579, page 238, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, as shown on map and plan No. lla0 on file in the office of the City Engineer. "U. F. CARTER ~D ~iARY L. CARTER: A strip or parcel of land containing 6378 sq. ft. or .15 acres,more or less, and being the southern portion of lot 3, Block 19, Grandin Court Annex Map, and being also all that portion of land owned by W. P. Carter and ~;iary L. Carter lying south of the newly established North property line of Greenbrier Avenue. The whole of lot ~ being owned by W. F. Carter and Mary L. Mason, now Mary L. Carter, by deed dated April 9, 1925, of record in Deed Book 140, page 132 in the Clerk's Office of the Circuit Court of Roanoke County, Va., as sho~.n on map and plan No. lla0 on file in the office of the City Engineer. "MAUD D. STONE: A strip or parcel of land containing 666 sq. ft. or .015 acres, more or less, and being the northern portion of lot 9, Block 19, Grandin Court Annex Map, and being also that portion of land owned by Maud D. Stone lying north of the newly established south property line of Greenbrier Avenue. The west part of lot 9, being conveyed to Maud D. Stone by Annie L. St. Clair et Vir., by deed dated l~.ay 12, 1925, recorded in Deed Book l&2, Page 268, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, as shown on map and plan No. lla0 on file in the office of the City Engineer. "E. '~'. ll,~ITC]~LELL: A tract or parcel of land containing 4150 sq. ft. or .095 acres, more or less, and being all the southern portion of Lot l, Block 19, Grandin Court Annex Map, and being also that portion of land owned by E. W. ~itchell lying south of the newly established north property line 6f Greenbrier Avenue. The whole of Lot l, being conveyed ~o E. l'J. Mitchell by Katheryne E. Trent by deed dated April 21, 1926, and recorded in Deed Book 491, Page 33~, in the Clerk's Office of the Hustings Court for the City of Roanoke, Va., as shovm on map and plan No. lla0 on file in the office of the City Engineer," On motion of Er. ¥iinn, seconded by Pit. Powell, and unanimously adopted, the report is referred to the City Attorney to institute condemnation proceedings the purpose of acquiring the necessary property for straightening and widening Greenbrier Avenue. for UNFINISHED BUSINESS: None. CONSIDERATION OF CLA~I~S: The bill of Leslie A. Kimble & Company for professiona~ service rendered in auditing accounts of the Hoanoke City School Board for the perio~ from July 1, 1933 to June 30, 1935, amounting to $59§.45, was before Council, the contract for the work having been awarded at a price not to exceed $637.50. On motion of ~4r. Winn, seconded by Mr. Powell, the bill is referred to the City Auditor for payment, an amount having been included in the Budget sufficient to l cover sam~. INTRODUCTION AND CONSIDERATION OF ORDINAl. iCES AND R.'.~,0LUTIoI,o: REFL~DS ~d',~D REBATES: The request from the Delinquent Tax Collector for refund ~f $13.20 to Parker and Victoria Lawson for erroneous assessment on Lot 18, Section L8, Northside, was again before Council, the City Clerk reporting She request, and that same seemed to be in order, except the 1935 he had investigated taxes on the lot ~: question had not as yet been paid, whereupon Mr. ¥1inn offered the following Reso- Lution: (#4602) A RESOLUTION to refund $13.20 to Parker and Victoria Lawson covering )rroneous assess~ent of taxes on Lot 16, Section 18, Northside for the ( For full text of Resolution see Ordinance Book No. 8, Page No. Mr. Winn moved the adoption of the Resolution. ;owell, end adopted by the follov~ing vote: year 1930. 32S ). The motion was seconded by Mr. AYES: Messrs. Powell, Winn, and the Vice-President, L~. Comer --3. NAYS: None .... 0. REFUNDS AND R~ATES: The request from tt~e Delinquent Tax Collector for refund of $32.62 for duplicate payment of taxes for year 1932 on Lots 6 and 12, inclusive, Block l, National Exchange MaP, was again before Council, the City Clerk reporting he had investigated the request, and there are no unpaid taxes standing against the property, whereupon l:lr. Winn offered the following Resolution: (#4603) A RESOLUTION to refund the Central Manufacturing Company $3~.62, cover- ing duplicate payment of taxes for the year 1932. ( For full text of Resolution see Ordinance Book No. 8, page 328 $ ~&r. Winn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Powell, Winn, and the Vice-President, NAYS: None ..... 0. REFUNDS AND REBATES: The i~e~uestof Raymond Y. Lucas for ~aid, was again before Council, and.laid over. PURCHASE OF PROPERTY: The following Ordinance providing kbr. Comer--3. refund of Beverage License for the purchase of the sld Chesapeake and Potomac Telephone Company building having been previously intro- ~i luced, and laid over was again before Council, kLr. Powell offering same for its i: second and final reading: ($4597) AN ORDINANCE relative to s_n_d authorizing the purchase by the City of Roanoke from the Chesapeake and Potomac Telephone Company of Virginia of a lot and ~uilding located at 319 Second Street S. W., in the City of Roanoke, at a price of ~BT,§00.00, $7,500.00 thereof to be paid in c~sh and the appropriation of said cash .myment out of the General Fund of the City, the balance of the purchase money 395 396 of ~50,000o00 to be ev~deno~ by six notes of the C~t¥~ payable annual~y~ in the sum of $5,000.00 each. and secured by a deed of trust on the property purchased, and authorizing the Mayor and City Clerk to execute and deliver the aforesaid deferred purchase Iexecution and icl a good and sufficient deed, with covenants ~ing said property to tho City of Roanoke ~ · money notes and the deed of trust securing the same upon the delivery by the Chesapeake and Potomac Telephone Company to the City of general warranty of title, convey- ( For ~ull text of Ordinance see Ordinance Book No. 8, Page'325 ). Ms. Powell moved th~ adoption of the Ordinance· The motion was seconded by Winn, and adopted by the following vote: AYES: Messrs. Powell, Winn, and the Vice-President, I~r. Comer ---3. NAYS: None ...... 0. INSUi{ANCE-TRUCKS ~I) AUTOMOBILF~: The City Manager reported that he had ~-conferred with the Purchasing Agent with reference to continuing insurance on trucks Compm~y owned by the City and carried in the American Motorists Insurance/of Ctxicago, which c. ues~ion ~as previously before Gouncil, his recom~endation being that the City con- tinue the present policy for another year. i,Lr. Powell moved that Council concur in the recommendation of the City Managex Mr. Winn stated that he had investigated this question, and that while the City of Roanoke's experience with this insurance had been satisfactory, that should the Company suffer a series of accidents and claims, that he was not convinced the City would be saving the 20% now enjoyed on the premium, and was therefore inclined ~to think the City should go back to the old line companies for this class of in- surance. ~. Comer stated it was his thought the City should try out this form of '~insurance for at least another year, i&r. Winn however dissenting in the thought with lithe statement he would be unable to second kLr. Powell's motio~ or .whereupon the Vice-President asked the Clerk to assume the Chair. to support same, The motion was then seconded by M~r. Comer, and the recommendation of the City Manager concurred in by the following vote: AYES: I~.~essrs. Powell, and the Vice-President, ~r. Comer--2. NAYS: ..Mr. Winn ....... 1. MOTIONS A~O MISCW.~.LANEOUS BUSINESS: The City Manager reported that other matters referred to him at the last meeting of Council were still under consideratiot, and that same would be reported on at a later date. APPROVED President COUNCIL, REGULAR MEETING, Friday, September 20, 1955.~ The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, Friday, September 20, 1935, at 3:00 o'clock p. m., the regular meeting hour. PRES~T: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small ---5. ABS~IT: None ...... 0. The President, L'~r. Small, presiding. OFFICERS PHESE~T: .M~. W. P. Hunter, City i~anager. ~dlHUT~.~S: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upGn motion of ~.~r. Bear, seconded by ~r. Powell, the readin~ is dispensed with, and the minutes approved as recorded. H],:~RING OF CITIZenS UPON PUBLIC 5IATTERS: ~r. Bear moved that Council recess for five minutes before hearing citizens, ~hich motion was seconded by L~r. Winn, and unanimously adopted. COAL DEALERS: After the recess of Council, that the Coal dealers and merchants present expected to appear before Council, that Council would be very glad to hear whatever had to be said on both sides, in order to conserve Council's time, ten minutes would be allotted each side. the l~resident stated it was apparent and but 4Lt. John ;j. Uright, Attorney, appeared as spokesman for the Retail ~.~erchants, asking that Council amend the present coal Ordinance to permit his clients to sell coal in packages, consuming the ten minutes time allotted in giving reasons why coal should be permitted to be sold in packages. R. A. Fulwiler, Jr., Attorney for the Coal Dealers, appeared in opposition to any change in the present Ordinance, contending that should regular retail merchants ~ell coal they should be required to pay the coal merchants, license. After a short recess of Council, the President, L~. Small, stated that Council ~ad given the question further consideration; that the question had been before Coun- :il on two or three other occasions, and that it v~as the unanimous opinion that there ~as no reason to justify any change in the existing ordinance at the present time, ~hat the coal dealers have made certain promises to supply the requirements of pur- chasers of coal in small quantities, and they would be expected to fulfill these promi- Ses, but if it developed at some future time that an amendment to the ordinance seems ~ecessary to the public interest, it will be considered at that time on the merits hat ~_~_y arise, but for the time being the existing ordinance will stand. CLAIMS-AUT0~ZOBILE DAI,~_AGE: ~. ~j. p. Hazlegrove, Attorney for R. P. Coleman, ap- peared before Council, reporting that the question of damages to automobile by a Fire Department ladder truck had been handled ~'~ith the Insurance Company, the total repair bill being sGnething over ~150.00, and that the Insurance Policy ca~rried a deductable clause of $50.00, asking that Council reimburse ~r. Coleman for this ~ount . Final disposal of the matter is laid over for further discussion in the considZ ~ration of Ordinances and Resolutions during the meeting. BUDGET-CLERK OF COURTS: Mr. R. J. Uatson, Clerk of the Courts, appeared before ~ouncil and asked that the budget figures of his department for fiscal year ending 397 3-98 .Tune 50, 1956, be changed to the extent o£ $217.50, to be deducted ffr~n hie Station~ Account and added to his Furniture and Equipment Account, to permit him to purchase an adding machine with no additional expense to the City. The City Clerk is directed to prepare the necessary Ordinance to make the transfer requested, it being understood there will be no increase in the total ap- propriation as carried in the Budget. ZONING: L '~' · ,~. Thornsbury, 326 Virginia Avenue, Virginia Heights, appeared be- ~fore Council, and asked that a vacant lot next door to his store at the above ad- dress, no~'~ designated as Residence District be changed to Business District, as he was unable to dispose of the property as residence building, but had an opportunity to sell same for business purposes. The question is referred to the Board of Zoning Appeals for investigation, report and recommendation. oTRz'.~ 0PE,.I,,G C~',HROLL AVELq~E: Claude Evans appeared before Council in the interest of opening Carroll Avenue N. W., between 18th.and 19th Streets, heretofore before Council, and was told the question ;vas under consideration and would be acted :on later during the meeting. PETITIONS ~2,1D COI~q'iICATIONS: APPLICATI0:.-.~ FOR z0,I~10N. Communication from Gus Schnurman, 1025 South Jefferso Street, making application for position of Red Lantern Supervisor, ~'~as before Counci The communication is referred to the City Manager. KIND WORDS: A commbmi ca ti on from t~s. Maude A. Foy, General Secretary of the v.. ,.-,. . C. A., expressing appreciation and commendation of the contribution received from the City for use of space in the Y. U. C. A., building for sewing classes under FEPJ~., ~as before Council· The City Clerk is directed to ackno~'~ledge receipt of the letter and express Council,s ai~reciation for the kind words. CiTu: i.L~fAGERS' ASSOCiATiON: A communication from the International City Manager~ Association calling attention to the 22nd Annual Conference of City l.ianagers to be held at the Hotel /~xdrew Johnson in ~Luoxville, was before Cotmcil. 'formation. i: Tennessee, from October 21st to 23rd The communication is referred to the City Manager for his in- ~ ROANOKE PL~BLIC LIBRA~RY: A communication from George S. Shackleford, Jr., Presi- dent, Roanoke Public Library Board, together with annual report of operation for a period from January l, 1934, to June 30, 1935, was before Council. The report is received and the Clerk directed to acknowledge receipt of same and express Council's appreciation for the comprehensive m_~_nner in which the report is submitted. ~ In this connection, Mr Comer brought before Council the thought that a detail- ed report from all agencies operating in conjunction with the City GoverBment should be submitted either monthly or periodically to Council. The City Clerk is directed to submit report showing agencies and departments already subm~itting reports showing classifications as to monthly or annually. ~: D~LIN,.~L~ T~S: A communication from L'Ms. Fannie D. Craft, ll20 Chapman Avenu S. ,W., protesting against payment of delinquent personal property taxes for years 1928 to 1933, as per notice sent out by the Delinquent Tax Collector ~as before Council. lit. Bear stated that the facts as enumerated in the communication were ~ubstantially correct and that it was his intention to offer a resolution to relieve After a discussion of the question the City Clerk is the taxes for 1928 to 1934. directed to confer with the Commiss£oner of Revenus and verify the facts in the case and bring in the proper resolution, relieving all assessments improperly made. LEAGUE OF VIRGINIA MU~[ICIPALITIES: Two communications from the League of Virginia Municipalities with reference to convention to be held at Fredericksburg, Virginia, on September 25th to 26th, was before Council. The communications are filed. BRIDGE-WASF~tA: A communication from J. T. Wood, 213 ~inona Avenue, under date of September 7th, addressed to the mayor protesting against the issuance of bonds for construction of Wasena Bridge over Roanoke Hiver, was before Council. On motion. of' Mr. Comer, seconded by LLr. Winn, the communication is filed for future constdera, tion . COMPENSATION BOARD: A communication from R. S. Smith, Commonwealth Attorney, advising that compensation hearing has been set for SAturday morning, September 28th, at 10 o'clock a. m., in the Hustings Court. In this connection City Attorney, H. C. Jackson, appeared before Council and advised that the date set was satisfactory to him and that he was making certain preparations to protect the.City,s interest on the date set out. The communication is referred to the City Attorney for his information and guidance. CLOSING W~_I,K-WAY: The City Manager presented to Council conn~unication from J. E. Crawford, General Manager, Norfolk and Weste~m Railway Company, returning petition signed by business concerns end patrons in the City ~arket Area heretofore before Council, with reference to closing walkway entrance to the passenger station on Salem Avenue, Mr. Crawford advising that the railway company has received no complaints from patrons heretofore using the walkway since the closing of the entran( e, which indicates the passage is no longer needed for the purpose for which it v~as constructed a number of years ago. It was the consensus of opinion that there was nothing further Council could do about the matter at the present time, but on the suggestion of Mr. Bear, the report is received and filed and the City ~anager is continued as a conmLittee of one for future consideration of the question. Rk~P0RT OF 0FFICERS: CITY AUDITOR: H. R. Yates, City Auditor, appeared before Council with reference to printing annual reports, and a surplus of $488.23 carried in the accounts of the School Board, advising that negotiations with the School authorities had developed that the surplus could be used for the purchase of printing equipment in the High ~chool, and should Council permit this expenditure that it would be possible to Print the City's annual repor~ at a considerable saving. City Auditor Yates and City Manager Hunter were appointed as a committee to ~onfer with ~Lr. McDonald, Clerk of the School Board, to ascertain if a proof of the ~ ~ity's financial amaual report can be prepared and submitted for Council's considera- :i tlon with a view of also printing the Departmental annual reports either nent or to be included in the general report. t'I~ORT OF 2!-IE CITY' MibNAGER: The City Malnager submitted report of work accomplish- ~d and expenditures for week ending September 12, 1935. The report is filed. ROANOKE TUBERCULOSIS ~MSOCiATION: The City Manager presented the following as a supple, ~eport with reference to allowing additional v~ite tuberculaw patients be placed at :atawba or Blue Ridge Sanatorium: 399 "Begarding the request of the Roanoke Tuberculosis Association to allow additional white tuberculosis patients to be placed at Catawba or Blue Ridge Sanatorium° The statement given me shows that there are four patients that need hospitalization at this time. "It is my recommendation that the appropriation for Tuberculosis patients be increased to fourteen instead of twelve as carried in the 19~5-~6 budget as I think that with the adjusting of patients this will handle the situation." The City Manager is directed to have the Secretary of the Tuberculosis Associa- tion select the two most needy cases for admission to the Sanatori-., and present 'report at the next meeting of Council. CG~P~NT-POLICE DEP~d~TM~NT: The City Manager pl~sented report of investigation ~including letter from Lieutenant B. i,:. Morris in oonnection with complaint of the ~Police Department registered by C. M. Littleton, Jr., of Charlotte, N. C. The repor' is filed. In this connection, ~. ~inn raised the question of receipts for money and valuables taken from persons arrested and docketed by Roanoke Policemen, his conten- /tion being that a receipt should be given for valuables found on persons arrested. The question is referred to the City idanager to confer v~ith the Superintendent of the Police and Judge of the Civil and i~olice Court with a view of working out a satisfactory arrangement and report back to Council. R0:~NOKE HOSPITAL: The City Manager presented report showing list of City parian1 treated a.t Roanoke Hospital for the month of August, 1935, as submitted by the City Physician, showing 31 patients treated for a tote_l_ of 317 days at a cost of $951.00. The report is filed. SE;iLH id~D oI~.,ALk. The City Manager presented the report with reference to re- quest of M. B. Cunningham that he be allowed credit of $15.42, together with interesl from January l, 1929, represented by sewer assesm.~-.'ent on Lot l, Sec~-ion 20, ~asena, ~to offset sidewalk constructed at his own expense. The City ~,lanager recommending that the credit be not allowed. On mo~ion of i,lr. i:ov~ell, seconded by i. lr. Comer, the request of if.r. c~mningham is denied. ,,~bES~.i YARDS: The City ~danager submitted the following report with reference to Junk Yard complained of by .:~. C. Franklin as operated by the Roanoke scrap Iron and Metal Company. "In reference to letter from M. C. Franklin complaining about junk yard operated by the Roanoke Scrap Iron and Metal Co., on Third Street, S. E., which was referred to me for investigation and report. ~ I took this matter up with the Roanoke Scrap Iron and Metal Co., and M~. Franklin advises me as follows: 'I thank you for the prompt attea tion given regarding the nuisance and the obstruction of Highland Avenue and Holliday Street, S. E., created by the Roanoke Scrap Iron and Metal Company. The street has been cleaned up and there is no further evidence of a smoke nuisance.'" The report is filed. CIVIL ~ND POLICE JUSTICE: H. S. Bir ch fi eld , at the invitation of Council, ap- peared with reference to d~ive being made on City automobile tag violators. Judge Birchfield ~as asked to use his best judgment in the handling of this matter; it .'being the consensu~ of opinion that fines should not be waived to owners of cars who knowingly fail to obtain City tags. The City I.;ianager is directed to confer with the Superintendent of Police with e vie~ of continuing the drive on these violators. i SEWER AND SIDEWALK ~$SESS~dENT: Report from City Attorney Jackson with reference ~to request of ~. ',. Turner to be relieved of interest on sewer assessment against :Lot 5, Section 86, Melrose Addition, was before Council; it being the opinion of the S Gtty Attorney that this interest should not be waived. There~on, on motion of i~r. Comer, seoonded by [..~o Powell, City Attorney Turner is concurred in and filed, and the City Clerk accordingly. the report of the directed to advise ;Ar. SEAFOOD DEALERS: to complaint of the Seafood merchants in the City of Roanoke: "Certain parties dealing in seafood complained that grocery stores are selling fish and oysters without first obtaining a separate license to cover the business. They request Council to correct the situation, and you have referred the matter to me for legal opinion. "Under the present Ordinance, Sections 39 and 40, grocery stores and others selling fresh fish are required to take out a separate license. There is no requirement that they cannot sell oysters without a separate license, but can furnish oysters under their regular merchants, license." The City Clerk is directed to send copy of the City Attorney,s opinion to the Seafood Dealers who signed the petition, and the City Manager is directed to have the License inspector check up and ascertain if there are any merchants selling seafoods without proper license. The City Attorney submitted the following report with reference C0-.....IooIuJ~.l~ o d'-:V~'E: The Commissioner ~f Revenue submitt'ed report of all City levies for the month of ~ugust 1935, as compared ~&th the same month of 1934.~ The City Clerk is directed to furnish information showing amount of revenue received from thc State Boxing and Wrestling Commi_ssion since July l, 1935,. and how' ~aid. INSTRUCTIVE VISITING NURSES ASSOCi~TioN: Reports from the Instructive Visiting i~;urses Association for the months of June, July and ~ugust, were before Council, showing balance due of ~155.18, $127.19 and ~48.51, respectively. The reports are ~iled. ° · INSTRUCTIVE VISITING I~Ji{SES .~ .... ' ,,-~0N: The City Manager made the following ~eport.with reference to the Health Zepartment taking over the activities now mndled by I. V. N. A. "This is to report bn the communication from Mrs. T. Allen Kirk, President of the Instructive Visiting Nurses Association, asking that the City Council either increase their appropriation for the 1935-36 budget by :$1,588.50 bringing the total appropriation to $.9,607.00 the amount re- quested by this ~'.ssociation in its budget, or that the City take over the work of this Association. "The Health Department can take over the supervision of this work wdth an additional appropriation to take care of the necessary personnel, .but this work is curative and not preveutive and therefore, not a public health activity. -, "It is my recommendation that the necessary increase of ~?~4.25 be provided for the continuance of this work by the Visiting Nurses ASsociation until January l, 1938, and this Association be notified that effective January 1st, the bedside nursing service to indigent persons will be provided by the City and organized and directed by a full 'time City Physician. It. being my recomm~endation that in connection with this work the City Physician establish a medical dispensary for dispensing necessary drugs to indigent patients.- The City Clerk is directed to ascertain if there are any unpaid bill's against he Roanoke Instructive Nurses Association, and report to Council at its next meeting. REPORTS OF C0~,LITTEES: STREET WIDEiKiNG-GREEi.YBRIF.q AV~VjE: A committee composed of ~.iessrs. J. W. Comer, James A. Bear and W. P. Hunter, appointed to report on the widening of Greenbrier Avenue through Grandin Court Annex report they have reached an agreement with Ruth Hyde Holcomb, and recommend that the City Attorney be instructed not to institute condemnation proceedings against said property. The City Clerk is directed to notify Judge Jackson to strike the name of Ruth Hyde ttolcomb from his condemnation proceedings as an agreement has been reached. .401. 4O2 LE~FINISHED BUSINESS: STREET OPENING CARROLL AVFZ~UE: Question of opening Carroll Avenue between 18th and 19th Streets, which was referred to the City Manager and reported on at last meeting of Council, was again before the body, Mr. Hunter recommending that the rep¢ be accepted. After a discussion of the question, it was the unanimous opinio~ of Council th~ t the City Manager be requested to ask the Heal Estate Board to have a committee of th~-ee appointed to place valuation on the .43 of an acre and report to Council. CONSIDE~ATION OF CLAIILS: S~,~R AND SIDEWALK AStESSLH~NTS: At the request of !..Ir. J. P. Hart, Attorney that interest on sewer assessment against Lot 6, Section 5, R. F. & H. Addition, in the name of Charles Bear be released, it being his con~ention that tl~e asseosment° sho,,ld not have been nmde as a result of improper service. The request is referred to the City Clerk for further investigation and report. INTRODUCTION ~D CONSIDERATION OF 0RDINA!~CES .~D RESOLUTIONS: ST0iU.[ DR~kIN: The question of right-of-way for storm drain through Lot ~0, Block 2, L'el~ose Land Company, belonging to J. E. Palmer, was before Council, the City I~anager recommending that the right-of-way be purchased at a price of $150.00 cash. hit. Bear moved tltat the recommendation of the City Ijanager be concurred in, and offered ~he following resolution. (~4604) k R~.~'SOLU~iI01{ to pay J. E. Palmer $150.00 for Stona Drain Easement through par~ of Lot 20, Block 2, ~.ielrose Land Uompany, for a distance of 300 feet, ~more or less, between hioorman Road and Fairfax Avenue, N. W. ( For full text of Resolution see Ordinance Book No. 8, Page _329 ). lJr. Bear moved the adoption of the Resolution. The motion was seconded by l~r. .Winn and adopted by the following vote: ? AYES: i.lessrs. Bear, Comer, Powell, Winn and the President L.~'. Small--5. Hone .... 0. STREET CLOSING: The City Attorney presented draft of ordinance providing for .the closing of a certain street and alleys on 22nd Street, known as Lots ~ and 5, as shown on the Map of the Runnymede Corporation, as petitioned by Susie G. Horton, Comer offering the following ordinance for its first reading: (~4605) ~I 0RDINAh~E to surrender and abandon any actual or potential rights ~and interests the City of Roanoke may have, if any, in and to 22nd, Street, Blocks i0 ~nd ~, owned by Susie G. Horton, as sho,sn on }.{ap of the RurmTmede Corporation, Inc '~on file in the office of the City Engineer in the City of Roanoke, and three alleys ~each ten feet wide in Block 5, shovm on said map. iiM~EAS, Susie ~ Herren has requested Council to surrender and abandon any actual or potential rights and. interests the City of Roanoke may have, if any, in i22nd Street, Blocks 3 and 5, as shown on the Map of the Runnymede Corporation, Inc., on file in the office of the City ~a~gineer in the City of Roanoke, Virginia,.and als ~three alleys ten feet wide in Block 5, as shown on said map, and to vacate and close isaid Street and alleys for public use; and b~REAS, it appears that said Street and ~or improved in any way as public Street and alleys, alleys aforesaid have never been used and that no inconvenience or injury would result to any person or persons, or to the public, by the City abandont and surrendering any rights and interest it may have in said Stree~ and alleys, if rt any ~he City has, and closin~ and vacating the interest is conoernedo same so far as any public right or THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that 22nd, Street, Blocks 3 and 5, as shown on the Map of the Runnymede Corporation, Inc., and .three alleys ten feet wide in Block 5, as shown on said map, be, and the same are hereby discontinued, vacated and closed as a street and alleys so far as any public use of the same is concerned, and all right, t.[~le or interest of the City of Roanok~ ~o any public easement in and over said street and alleys is hereby surrendered and abandoned and the same are hereby released to the owner of the fee simple in said strips of land. The ordinance is laid over. ItEFbI.IDS 32,ID PdgBATF~q_': The City Clerk presented Or'aft of resolution providing for bhe refund of $12.50 for Beverage License paid by Raymond Y. Lucas, IAr. ;'/inn offering the following resolution: (~4606) A RESOLUTION to refund Raymond Y. Lucas $12.50 for Beverage License paid. ( For full text of Resolution see Ordinance Book No. 8, page .~9 ). Mr. Winn moved the adoption of the resolution. The motion was seconded by i.~r. lear and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President Mr. Small --5. NAYS: None ..... 0. mLL.~_~OUo BUSI I,! 2S S: MOTIONS AND i[ISC~ "~ '~ DIRECTOR OF PL~LIC SAFETY: Draft of proposed ordinance as submitted by Mr. ~Winn providing for office of Director of Public Safety is carried over with the un- derstanding that it will be given first consideration on the docket under considers- tion of Ordinances and Resolutions, at next meeting of Council. P~F~ISION-MRS. C. P. SHILLING: The City Manager brought to the attention of Council request from Mrs. C. P. Shilling that she be paid half of monthly pension received by ~r. Shilling p~ior to his death. It is the urmn~tous opinion of Council that such a precedent should not be established. E. R. A. TP~NSIT BUREAU: The City Manager brought to the attention of Council the information that the Transit Bureau had been closed, and that the Salvation Army has agreed to feed the transients for exchange of cutting wood on the basis of 15 cents per load, with the understanding that all wood cut would be turned over to the~; City for relief purposes. The City Manager is directed to enter into an agreement with the Salvation A.m'ty for the last ten days of September, with the understanding at the end of said period the Salvation Army is to furnish statement as to the number of meals furnished and dumber of loads of wood cut. The City Manager is directed to confer with the Chief of Special Agents of the ~orfolk and Western and Virginian Railways and Superintendent of Police with a view sf having all concerned cooperate in the elimination of transients coming in to the ~ity by way of railway and freight trains. The City Manager is also directed to confer with ~.~Lr. T. C. Rohrbaugh and as- ertain if satisfactory arrangements can be worked out to send these transients oming into the City on to some Camp established for that purpose. Mr. Comer is nam, to attend the conferenc~ for the protection of Council's interest-thWi MOTHERS' AID: The Cmty Clerk reported that he bad conferred Judge V~nitt le ~ith reference to Mothers' Aid. He is directed to prepare necessary resolution put- ing into effect the mechanics of the Mothers' Aid provision. ~d 404 There be£n~; no further bueiness, Council adjourned, APPROVED President COUNCIL, REGULAR MEE'IING, Friday, September 27, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, Friday, September 2?, 1935, at 2:30 o'clock p. m., the early meeting hour called for executive session of Council. PRES.I~T: Messrs. Bear, Comer, Powell, Winn, and the l~resident Mr. Small --5. ~tBS~IT: None .... 0. The President, !Lt. Small, presidin4~. OFFICERS PRES~,,~T: Mr. W. P. Hunter, City !.:anager. ~.~~: It appearing.~ that a copy of the minutes of the previous meeting hay- i~g been furnished each member of Council, upon motion of Mr Bear, seconded by ~' . · f,~r i? Porte!l, the reading_ is dispensed with, and the minutes approved as recorded. HEA~IN,~; OF CITIZenS L~0N PUBLIC L'ATTERS: STRE~T IZ&PROV~:Ei,~: l,lr. Raye 0. Lawson, Kenwood Boulevard, S. ~., appeared before Council in the interest of himself and other property owners living, on Yen- wood Boulevard, S. E., asking: that improvenents be r~mde to the street before ~.~inter. The matter is referred to the City ~l~'8llager for investigation and report back to Council cost of improving the street. RE~?iD$ AED R~]HATES: Mr. L. i,I. Grubbs, 1614 Kirk Avenue, S. ~.,'~ appeared before Council and asked that he be refunded taxes paid by the Home 0~'a~ers Loan Corporation on property in his name, it being his contention that the property was over assessed for years prior to 1935. He was advised it would be necessary for him to petition the Court for the relief asked for. ELECTRIC:~i INS?ECT! 0N: T. ,. Rakes, President, Rakes Electric Supply Company, appeared before Council and presented communication asking for refund of $68.63 covering amount paid for electrical inspection and mileage charge outside of the City of Roanoke, Mr. Rakes contention being that the City v~as without authority in making charges outside of the City. 'Mr. Hunter stated the present arrangement for assessin~ charges in the County for work done by the Electrical Inspector was at the request of the Appalachian Electric Power Company and the Electrical Contractors at the time the City took over the work. In a discussion of the question l~r. Bear contended that the City has no right to legislate in questions of this nature in the County. The question is left with the City Manager to negotiate with the proper parties, looking toward the elimination of the mileage charge, and to prepare proper form of application to be made by the electrical contractors for the inspection. PETITIONS AI,!D C01;~JOq,~ICATIONS: ROANOKE !UBmRCULOSIo AS~0CIATION. A communication from ! ~ Riggin, State Health Commissioner, with reference to building an infirmary to accommodate tubercu~ with the advice after ~hich terms and condi RO~0KE 2XlBEI:t~u-LOSlS ~SOCIATION: ~ communication from Miss Elsie .Dyer, Secre- tary of the Roanoke ~uberculosis Association, giving case history of two additionali lar patients at Piedmont Sanatorium, was before Council. Council directed that receipt of the letter be acknowledged, that the City will await the outcome of the i'JPA grant, tions of the project will be negotiated. 405 oases proposed to be sent to Catawba SanatorAum was before Council, the City Manager recommending that the appropriation heretofore made for care of tubercular patients be increased $600.00, whereupon Mr, Bear offered the followin~ emergency Ordinance: (~4607) AN ORDINANCE to amend and reenact Section No. 51, "Tuberculosis Control of an ordinance adopted by tho Council of the City of Roanoke, Virginia, on the 28th day of June, 1935, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1955, and ending June 50, 1936." ( For full text of Ordinance see Ordinance Book No. 8, page Z~0 ). htr. Bear moved the adoption of the Ordinance. The motion was seconded by .~. ;;inn, and adopted by the following vote: AYE& ~iessrs. Bear, Comer, Powell, Winn, and the Fresident ~[r. Small--5. NAYS: None ...... O. THE COLORED VOTERS,.~ ~-"~";"~.... A connnunication signed by Alfred R. Hunter of The Colored Voters League asking that Council confirm the designation of Messrs. Moore, Trent and Hunter, as a committee from the League to confer with Council on matters o: .vital interest to the colored people of the City. The City Clerk is directed to acknowledge receipt of the communication and advi that Council will be glad to discuss ~ith the representatives named matters pertaini: to the m'elfare and civic interest of the colored people of the community. BILL BO~.RDS: A communication from I~dr R ',' ~. L Shafer, ,580 Gr~ndin Road, asking that sone action be taken in the ranoval of large sign board in front o the entrance ~o an ~Partment at 300 Grandin Road, Raleigh Court, and complaining of ~eeds in the lot back of the sign board. There appearing to be no violation of any City ordinance in the question, the City Manager is directed to confer vrlth the advertising company operating the sign to see if sone m~icable solution cm~not be worked out, and also directed if necessar to proceed ~';ith having the weeds cut on the property and billing the owner therefor CITY ALrDI,0R Ai~IUAL REPORTS: H. i~. Yates, City Auditor, together with ,. H. :,,right, PrintinC Instructor at the Jefferson High School, appeared before Council the interest of-printing the City's Annual Report, the committee stating that with the present equil~,uent and personnel it would possibly take until December 1st to ~conplete the printing o.f the report. .~ After a brief discussion of the question at which time it was evidenced there ~,as some objection being re&~istered to having the report printed at the High School and that the report would have to be before Council not later than December 1,1935, ~Lr. Bear asked that Council recess to discuss the question briefly. After a recess the i-resident ,.hgt. S~all stated that Council feels the firancial !~report should be printed, and that the details and actual disposal of the matter is goimg to be left with the City Auditor to be worked out with the School authorities, iwith~ the request that the report be delivered as much in advance of Dece~ber lst,as '.possible, ~ith the further u_n_derstanding no '~pplemental appropriation of any kind :will be made to defrwthe expenses of printing the re~ort, other than the unexpended ~balan. ce of $488.23 carried as a surplus in the accounts of the School Board. CR~S-0VE.R: A communication from Mr. Blair J. Fishburn ~king application for ~ipernLit to construct four cross-overs at the Northw~est Corner of Frardclin Road and ~Second Street, S. W., to acco'..modate a filling station., was before COUncil. I The application is referred to the City Manager for investigation, report and ~.re c creme nda t ion. ROANOKE G,~S LIGHT C0~'~5~A/~Y: Application for pe~it to open street on Maryland ~venue, S. W., East of 13th Street, for purpose of installing 2" gas main was before ~ouncil, Idr. Hunter recommending that the permit be granted. Mr. Comer moved that Council concur in the reco~mmendation of the City Manager, ~nd offered the following resolution: (~&608~ A RESOLUTION granting a permit to the Roanoke Gas Light Company to nstall a certain gas main. ( For full text of Resolution see Ordinance Book No. 8, page 331 ). Mr. Comer moved the adoption of the Resolution. The motion ;',as seconded by r. Winn, and adopted by the followi~ vote: ~z~o: ¥..essrs. Bear, MAYS: Hone ...... 0. Comer, ?owell, Winn and the }-resid. ent l, Ir. $1nall --5. CI.~'CK~.LS-AUTOL~0BIL2 DJ~.iAGE: The ?resident, l~Lr. ~nall, brought to the attention or Council the question of reimbursing R. ~. Coleman for damages to his automobile, parked on South Jefferson Street near Pleasant .~.';enue, by a Roanoke Fire Department laddor truck on Wednesday, September 4, 19~5, which question ~s before Council at its last meeting, and no action taken. The question v:as aE~in discuss~d, ~J.~. Comer expressive the thought to make the ~efund ¥;ould be establishing a bad precedent. It was the opinion of other members ~f Council that while the City was not legally responsible for the day-age, a moral )bligation existed, and that each claim of this nature should be handled on its aeritso i,&r. Bear offered the followir~ resolution: (~4609) A RESOLUTI0iJ to pay R. P. Coleman $50.00 covering d~nages to auto~_uobile by Roanoke Fire Department ladder truck. ~;HERFJ~, automobile belonging to R. P. Coleman was properly and legally parked on $. Jefferson Street near Pleasant Avenue on Wednesday, Septer~ber 4, 1935, and Roanoke Fire Department ladder truck in responding to a fire alarm, through no fault of the owner of said automobile, collided and dsuuaged said automobile belonging to R. P. Coleman, necessitating an expenditure of $150.00, more or less, for repairs, and ~' ~ '~ collision insurance on said automobile carries a deductable clause for ~he first $50.00 damage, and 'dk~REAS, it is recognized '~hat the City is not legally responsible for damages )f this nature, but the Council of the City of Roanoke feels there is a moral obli- ~:~ ~ation in this instance, and that while any refund that may be made for damages to ii ~aid automobile ~ill be for the best interest of the City of Roanoke, it in no .man- ~ aer establishes a precedent, each claim of like nature that may hereafter be present- ~d for pay~uent to be considered on its merits. THE'.~ ~''~ ..... IT ~,~~, BE RESOLV~D by the Council of the City of Roanoke that the City kuditor be, and he is hereby directed to draw wqrrant for $50.00, in the name of ~. P. Colem. an, covering ds~mages to automobile parked on S. Jefferson Street near .~leasant Avenue by a Roanoke Fire Department ladder truck on Wednesday, September 1935. Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~,tr. Winn, and adopted by the follo%,~ing vote: AYES: Messrs. Bear, Po~Tell, Winn, and the i~resident LIr. Small .... 4. NAYS: ~Ir. Comer ...... 1. 407 TR~NSIEI~S: The President, ~. Small, brought to the attention of Council the i 4O8 question of closing the Transient Bureau, and asked for a report from the Oity Manager and ~tr. Oomer, appointed at the last meetin~ to confer with Ohief of Specie Agents of the Norfolk and ~;'estern Railway amd Virginian Railway. The City Manager reported that he and Mr. Comer had called a meeting with representatives present from the Norfolk and Western Railway, and Salvation Army, Social Service Bureau, Emergency Relief Admi~istration, and Travelers Aid, with very satisfactory results, all agencies promising full cooperation for the elim_ina- tion of professional transients comity; into the City, and who refuse to go to Federal Camps set up for them. The City l,~anager reported that an intervieu with Mr. W. A. Smith, revealed that the Federal Governnent is definitely through handling the problem when the camps are opened next month; and ttmt irn'ormation received indicates that other nearly cities are giving ninety days' sentences to all transients arrested for trespassing In a conference with tt~e Civil and Police Justice, it has been decided to give thir' days sentences in the City of Hoarier:e, and t~mt the men be assigned to street repai: work, and vJork at the crusher. it ~.;as the unanimous opinion of Council that the proposed program as vJorked out should be follo;'.'ed. R~,~Lo0.~T OF OFFICERS: Rv~0RT 0F Tile CiTY i,;,'ZJAGER: The City Manager subnLitted report of work accom- plished and erpenditures for week ending September 19, 1935. The report is filed. C0i.~PLAii,~S: _.ne Cormaittee composed of l.lessrs. Bear and ,;znn to investigate conditions at the Dairy Fountain, as cor~p!ained of by Frank R. Angell, which was before Council on September 6, 1935, reported that the Committee had visited the Dairy Fountain and that the operator had promised that la~'~ and order would be main- tained, and that thirty days had been given the operators to get the situation in hand. The report is received, and the Committee continued to make further report at a later date, together ~ith recommendations for draft of Ordinance regulating the closing hours of such establistuaents. UN~Ii,~Io_~D BUSINESS: None. Co~'.~oiD~Tzu,., OF CLAL.tS: None. I!,~RODUCTION Ai,;D CONSIDE,R~TION OF 0RDIN~'~,,~CW~ Ai~D RESOLUTIONS: The question 6f remitting delinquent personal property taxes in name of Fannie D. Craft for years 1928-1934 ~:~as again before Council, the City Clerk reporting his investigation revealed that all assessments since the year 1927 had been copied by the office of the Commissioner of Revenue, with penalty added each year. On motion of !..:2o Bear, seconded by L~. Powell, the question is referred to the Delinquent Tax Collector, %','ith instructions that he confer %-zith L!rs. Fannie D. Crafl ;! and advise her that upon payment of the 1928 and 1934 taxes proper resolution will [be adopted releasing the years 1929, 1930, 1931, 1932 and 1933 RE~,!DS ~'~D ~E~ATES: A communication from the Delinquent Tax Department asking } that a refund of $1.36 be made to Mrs. Lillian Easter for duplicate paTment of taxe~ ~ The facts as stated appeari~ng to be correct, Mr. Bear offered the fo!lo~ing Resolu- ~ tion: Y RESOLUTION to refund $1.36 toM rs. Lillian Easter for duplicate payment of Personal Property Taxes for year 1930. ( For full text of Resolution see 0rdinanoe Book No. 8, Page 332 ). Mr. Bear moved the adoption of the Resolution. Mr. Powell, and adopted by the following vote: The motion was seconded by AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. NAYS: None .... O. BUDG~-~-CLERK OF COURTS: Draft of Ordinance for the transfer of certain funds in the budget account of the Clerk of the Courts as requested at the last meeting of Council ~'~as presented, Mr. Bear offering the following emergency Ordinance: (#4611) .4/~ ORDINANCE to amend and reenact Section No. g2, "Clerk of Courts" of an 0,rdinance adopted by the Council of the City of Roanoke, Virginia, on the 2Bth day of June, 1935, and entitled, "An Ordinance ir~king appropriations for the fiscal year beginning July l, 1935, and ending June 30, 1936." ( For full text of Ordinance see Ordinance Book No. 8, page 332 ). ~r. Bear moved the adoption of the Ordinance. The motion was seconded by I.:Ir. Powell, and adopted by the following vote: ~Y~o: I. Jessrs. Bear, Comer, Powell, Winn, and the President !.,ir. Small--5. NLYo. None ...... 0. ~,~0THERS' AID: Draft of Resolution, together with supporting data, in regard to Hiothers' Aid, ~vas before Council, ~.ir. Powell offering the following resolution: (#4612) A R~SOLUTIOM directing the City Auditor to pay monthly for period of three months $90.00 respectively, to l..'~s. Patrick Pittxaan Perrin and Mrs. Eddie Boyd Henderson designated as !~!others' Aid Cases, said amounts to be charged against Relief Costs, Section #58, as carried in the Budget for fiscal year ending June 30, '~ 1936. ( For full text of Resolution see Ordinance Book I',io. 8, page 333 ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by l.ir. Comer, and adopted by the following vote: AYES: 1.~essrs. Bear, Comer, Powell, ~Jinn, and the President i~r. Small --5. NAYS: NOne .... 0. STREET UIDE',IING GREENBRIF~ AV~.~E: The question of v~idening and straightening Greenbrier Avenue through Grandin Court Annex, ~/as again before Council, Mr. Bear offering the following ordinance for its first reading: (#4613) j~l ORDINANCE relative to and authorizing the purchase by the City 6f ~oanoke of various parcels of land to widen and extend Greenbrier ~venue and provide for payment of the purchas~ price thereof. ( For full text of Ordinance see Ordinance Book No. 8, page The Ordinance is laid over. SET,~R 'AI'.~ olD~;,,~.K AS~SoraENTS: The Lot 14, Semones Addition, .). question of marking off sewer assessment in the name of J. K. Ring, amounting to $38.97, as requested by the City Engineer under date of August. 7, 1933, was before Council, ~' ~vidence subm~.tted indicating sewer constructed on July 6, 193~, was not at that time ~or has it since been constructed to accommodate the said lot. Mr. Bear offered the following Resolution to release the assessment: (~4614) A RESOLUTION to release sewer assessment against Lot 14, Semones Addi- ~ion, amounting, to $38.9~, plus interest from September 1, 1933, standing in the lame of J. K. Ring. ( For full text of Resolution see Ordinance Book 8, page 33___~_4). 409 410 Mr. Bear m~ve~ the adoption of the Besolution. The motion was seconded by Mr. Comer, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn amd the President Mr. Small --5. NAYS: None ..... 0. STREET CLOSING: The followin~ Ordinance having previously been before Council, read and laid over, was again presented: (#4605) AN 0RDIi, I~'d';CE to surrender and abandon any actual or potential rights and interests the City of Roanoke Imay have, if any, in and to 22nd Street, Blocks 3 and 5, owned by Susie G. Herren, as sho~n on Map of the Runnymede Corporation, Inc., on file in the office of the City Engineer in the City of Roanoke, and three ~alleys each ten feet wide in Block ~, shown on said map. ( For full text of Ordinance see Ordinance Book No. 8, page 330 ). Bear moved the adoption of the ordinance. The motion vms seconded by Mr. Powell, and adopted by ~he fo!lo;ring vote: ~:~: LLessrs. Bear, Comer, ~owell, .inn, and the President Mr. Small--5. None ...... 0. ,~,,._,,,.,~m.:..--,.,.,s.~: idr. ~mnn brougllt before Council the question of L.'eigk~_sster's fee for coal purchased l)}~ the ~"' ~mty for the School Board, the info~mtion given indicat- in~ that ~he fee had not been paid, nor had the ;,'eigtnaaster received any cz~edit for The question is referred ~o the City :ianager for investigation and report. The City Clerk reports that $364.18 has been received from the State Boxing and 'Jrestling Commission durin~ the year, the said amount being one-half of the 5% commission collected as gross receipts fro~ ooxzn5 or ~jrestliD~ events. The Cit-~ Clerk is directed to confer ¥~'ith ~.,Ir C ~ ~,Ti!liams to ascertain ¥;hat supervision m~d check is no¥~ given in this connection. E~.LC.,RIu~.,,~:~"~'~"~'~,. :he City. l...~ana~er gave verbal report as to activities of the Electrical inspector during the month. H~DGES: The !'resident brought to the attention of Council and the City Manager complaint of high hedge at corner of liaple Avenue and Eranklin Road. The question is referred to the ~ idanager to ascertain if he can persuade the cygnet to have the hedge cut, as a safety measure. FR~E,iLLiI{ RO~ BRIDGE: TNhe proposed ne~ bridge over the Virginian Railway at Frannlin Road Yms discussed. The City L~anager is directed to communicate by phone ¥:ith the Chief ~ugineer of the Virginian RailYJay and ask that he expedite as much possible the plans for the new bridge, as it appears to be extremely important that ~ this project YJith Federal Funds be started at the earliest possible moment. C. & P. TEL~HONE FR~d,!CHISE: The question of renewing franchise with the C&P Telephone Company ~ms discussed in executive session, preparatory to a special meet ion !ionday, September 30, 1935, for consideration of this question. iThere bein~ no further business, Council adjourned, to meet on Monday, Septemb~ 30, 19~5, at 3:30 o'clock p. m., for discussion and consideration of the C&P Teleph¢ ~ Franchise. APPROVED ng r C0'~JCIL, SPNCIAL ~JE~fli[G, Wednesday, October Z, 1935. The Council of the City of Roanoke met in Special ;.~eeting in the Circuit Court1 Room, in the l',~unicipal Building, Wednesday, October 2, 1935, at 4:00 o'clock p. m.,.~ pursuant to notice to all members of Council. PRES '" '~' I~ .,.,.~,: Messrs. Bear, Comer, o~'~ell, and the :."resident Mr. Small --4. ': · presiding. The l'resident, ~..~. Small, 0FFIC '~'"~ w ,..~o PH~o~,.T: l.Lr. ~'.. P. Hunter, City 0B~XCT 0~' '"~",~'~'~. ~.,~:~,~,. The i'~resident stated tl:e Special ~.!eeting had been called for th~ pure, ese of discussing ~'~ith the ~"~ Treasurer, Commissioner of I~evenue, and the-:~ttorney for the Cm:~nom~ealth, salaries and expenses of operating their respective offices for the calendar year beginnin.:i January 1, 1936, and if possible. to draft resolution embodying joint representation before the Compensation Board at Ric~nond during tho coming ~veek. CITY :'~'~"' .... ~- ~'~' Kennett, Cit~, .'n~o~_.'~n: LZr. C..,. ~ Treasurer, a..;peared before Council for purpose of discussing the sa!aries and expenses of his office for the calendar year beginnin:~ january 1, 1956, the President stating it '~;as tho desire of Council that a joint representation..._o.._,~-~.~t b~ made before the Compensation Board in Riclz'aond, on October 8, 1935, in the for~.~, of a Resolution si:,~tlar to the one ado~pted by Coun- cil on i~ovember 19, 19'.54, dealir~z ~,'ith the same subject, the said resolution to in- elude the 5% restoration of salaries of all employees in the Treasurer,s office re- ceiving ,j2,000.00 or less. I,.[r. Kennett stated he %~'ou!:! join in such a re-£oresentation, after Comer offered the following Resolution: (~4615) A IIESOLLTION makims joint recon~aendation to the Comi_~ensation .Board for fixation of salaries_ and ex'oenses_ in the office of the ~'~-~,y Treasurer. ( For full te:ct of :~eso!ution see Ordinance Book i~o. 8, '-.~c-e 004 ). Mr. Comer ~,~oved the adoption of the i{esolution. Mr. ?or, ell, and adopted by the follo~-~in~ vote: motion ~'ms seconded by .... ~ · Comer Per, ell and the i~resident i,lr ~mall --4 fff~: Llessrs. Dear, , , . . NAYS: None ...... 0. ( Lit. ',;inn absent ) ,~-,...~-..,~,,,,. Judge ~ohn i.;, _Hart, Co~-m-~issionez-of Revenue, appeared: before Council for the discussion of~_~,~-~-~ies and e:~enses of his office for the calendar year beginnin.s January 1, 1956, the i;resident statin~c it %,~as D~e desire of Council 'that a joint representation might be made to the Comioensation Board in Rictmond on uctober 9, 1955, in the form of a Resolution similar to the one adopted by Council on November 14, 1954, deaiimg v:ith the same subject, the said resolution to include the 5~ restoration of salaries of all employees in the office of the Cozm~issioner of Revenue receiving ~2,000.00 or less. Judge Hart stated that ho had zmde his request of the Compensation Board, a co.~y_ of his letter having been for;':arded to Co~u~cil, in which he asked that ~h~ tv:o deputies in his office receivimj more than ~2,000.00 be also increased the 5%, it being his thought to restore the 3~ reduction in salary put in effect by the State, as both of ~'~ ~n~ Deputies no%: receive less salary than ~:hen the entire amount vms paid~i by the~ City. '~ 41! 412 .I The Presi dent, I.ir. Small, go along with respect to the two and still be consistent. stated he rlas unable to see Just how Council could employees now receiving more than the $2,000.00 After a discussion of tl~e question, the Conu;~issioner of Revenue advised Council to prepare the necessary Resolution along lines of one submitted last year and .~hat he ;'~ould sigma same, it bet~; understood an additional paragraph would be added to the resolution showi~k; tlmt s~ae is a Joint statement and substitutes any erioarte request p;eviously :male by t~,e Co:,u~ssioner of Hevenue. o~'fered the follo~;i~%7 Hesolution: (~4616) ~, ': .' '~ U"~O~' ma,.~n:o joint reconu~e~ation to the Compensation Board for fi:,,ation of salaries aJ,d ex?enses in the office of the Con,missioner' of Revenue. ( For full te~ of Resolution see ~:rdl~mnce Book iJo. S, '!)~e 335 ). l.:r B.~ar moved the adoption of the R~solution 'fhe ' . . n~o~zo~ ~ms seconded by Iff. }owell, and adopted by tl:e following vote: ' · '~" · [._es~rs. Bear, , , ~,-~ ~'residm!t Yr. 3r~a!l--4. .. '- - - Some r ],or:el! and ~'- ' .~_~v.,_,=, .':L, CdZ,iOi~,,.~.:h: :,,r. H. o." '-'-~ Attorney for the Co~m;:on~;ea!th, --- '~,,,,~q~ t",e i~res'-'ent stating he had been ashed a~.oared after a shot; recess ~.~_~, · - ~.~ cea[.~ fo? the 2,~;~ooe of discussin,~ sala?ies a.z,x ex?oPuses of Thereupon fir. Bear 1935, and set for hearing before 1955; that agree:xents had been the .office for calendar year beginni~j January 1, . - a~_on _..o~r.~ in ?.ichmond on L. ctober 7, o~..~ for joint submission tc -reached ~':z~:t ttte l'LTeasturer, a.t~ tho C ssioner of l~,evenue, a:zd .>zl-ous of reachz,,., un a~r~e:.~Ixt fol- salaries and ex:~cnscs in his office, and to submit a joint state'uent in the form of a resolution, the said resolution to include the 5j;~ restoration of salaries of employees in the office receivin-: .:~2,000.00 or less. iff. Smit'~ advised thaz ' - ' uno Com?ensation Doard, ... ,'~ !ma submitted his recluest to ~' ~n~~. n ashes' ' t':~_az-' ]:.-~a~'in.::' be l;ost,)oned "'~+'~ 1 z~:c"" 8th, sendi~t-.: co'.y., of his letter to *~u._._~ '~ O,d~.C i ] [io-,':ev er, ~ _. it later developed ti:at ti~e letters ~aa not been-'~' and :.ir. Dmith advised he would be v=r.,..; glad to ,,._.~:aral. his letter to uno Comoensation Board and. mal:e a joint s~ave:'.~ent,_ a sauiszacto;'-'-_... ~or~e;.:~._,u could be reached on he basis of last year's sa!aries, x~ith the 5~: restorei to his steno(-;rai:.her, and c!ue~ ~,zon o z ..ssistant Co:.~xom;ealth .,ttorney left status quo. After further discussion of the question i't x;as ag:reed that a Resolution ~';ou!d ne Co~om','ealth Attorney be .~r~f~e~ in foz_~m of a joint statement for salary of t* otenogza6he~, ama ex.-;:enses of' Zhe office, with co-'~'- oi' ~-lesolution l[o 43.39, adopted o~,e~eof, the same to come before 'October 8, 1934, attached thereto, and made a part ~-;'" 1935. .Council aZ its re.zu!ar meetir~g on Friday, C. ct ober 4, ,~C:.._,-_~;~.~~_,~_,: B0'u';' The Uzty Clerk is direcved to rec:uest the Compensation ~ ..... t.e office i Board ~o give. ~ou.,ci! notice of application for fixation of salaries in '~ ': of ~'~ ' "it': "' _ . u_.e Clerk of the Courvs and the .~ .., oerr:eant. He is also directed to ask i:lr ~' ,'arson and :.ir. Zayhe~-'; Zou. eet wi~:' __ ,,:: Counc~ at 2:30 o'clock on Friday, October 1935. EDJ[DG~-F?J£.EiLIIi RO.:_D: The President, L~. S_mal!, .brought to the attention of Council the ~uestion of the Franklin Road Bridge over the Vird:inian P, ailt:ay, a sketch of which the City Liana~ez' presented as submitted to him by.the Chief En~gineez of the Virginian Rail~:ay. The President stated he was right much concerned over expediting the completion of the plans and starting the work at the earliest possible moment, and felt the matter v:as of sufficient importance for an official request from Council to tho President of the Virginian for he end his Chief Enginee~ to sit with Council on Friday, 0c~.ober ~th, for discussion of the ouestion. I on ~,~otton of ~dr. Comer, secondod by i,.;r. Bear, and unanimously adopted, the City Clerk it: dix'ected to dispatch telcGrrn to .:~r. C. Bucholtz, President of the ~ail:.~y Comi~any, ~nd ask that h. and Chief En£:in(~er Traugott ~,met ',';ith Council on Friday, october 4, 1935. The ~resldent, ,..I .. S:~.z~l]., brought before Council four notices of " Zincannon against J ~-~. Pal~e~~, and one Ct~ancery execution, filed by James :.. . . ~' filed by t~.~e ~.2ountain Trust Bank, ~;hLch had been served on hi~.. Tho City Clerk is directed to fo_.uar~ s~e to the Cit',~ ~ttorney ~';zth request that he do wtmtevez~ is necessary to -r:rotect tho City's Yhere being no further business, Council adjourned. ;~ P 1-~ R. C V ~ '~ D COUNCI L, REGULAR MF~TING, Friday, October 4, 1935. Tlle Council of tit, City of Roa:~oke ];',et in regular ~_~eeting in the Circuit court ~ne ..unicipal Building, ROOSt, in ' '~ Friday, October 4, 195b, at B:J0 o,clock p. m., the early r,t~etir~3 hour havi'.~ been designated for conference with i.:r.,~. ~'~.~. Traugot Chief F~cineer of the Virginian Railway Company. P~j~'f': llessrs. Comer, l:o%':ell, and the l~resident, l,lr. Small .... The President, i.'.r. Small, presiding. :.._.,~,~.--::.~w~. It ai,pearin',.. .. that a cory_ of the r.'.inutes of the _~::revious meeting having been fur.:~snea' ~ each 'meP. ber o¢_ .'~.o~.,cil,''- uoon_ motion duly seconded, tlr.: reading is dis2ensed -'-:,,~h,* an,/ the ~'::t~n,~es'.'+ approved as recorded. '~ Traugott Chief ~.~ineer of ~.he Virsi-''~'' ap~eared before Council The i"res~ ,,e,:~, stated that il'. Traugott had been invited to meet ' .... Virginian Rail',; t;~.~,:~lil. Road B!'~a~e over zhe discussion of the .~"'~'-~- '' tracks, tnao o:! july 25, 1935, notice fas first given allocat';~--,o funds for hi,2tu-;ay_ graae crossings in tae Svate of '"' ~'-~.t z, o-:~la,'" and at that time the ~'"--, o;' Romtoke sug- gesved t~,o+ thc "" .... :~' '~" ~ .... ,.z~,: the prey, aration of a tentative layout ,..,..,. ,,,~_ze-,,.:.:~-a,,.~..,.taill, a,,, proceed '" '"'"-' that '-" ] '~ ~ " ' ~' ~ou-.~ be consi by the City, mud z~ a-:mroved, ,~re~ __ to be sent out to the High::ay for ~-'~-:,z~ al%.r''~.' oval, ~"nd- to be sent on to ',.'ashin.,<ton~ for final ~oproval, _.ter which dezail plans are ~o be forked out by ~:.e Virginian; but since that time '-'~-~',~ the Virginian, until i2r. Hunter ~o la~ meeting of has been h~,~ ~ Council sum:~ztzed sketch out!inin,3 ~,.'~e type of structu~'e conte~::pla~ed, v,'hich does not seem to meet the sit ~.~on in the first -liace, and in the second '..'.lace we are very ...... ::~" disturbed over ~,::at'"' might ha'open_ if ~';e don't e~pedite the matter, in that available..;z.,n~--"-'; be diverted, and asked flr. Traugott if he was in a ~osi- ~-o., to tell .... _ uo,,nci! tlc:-,,' much e:~)ediency could be given by the Virginian on this sub. ject, as '~ve assume t!~e Virginian is as much interested in the eliNination of the Franklin = o~, ~. in6 a .~_~:. ~,0~. Cl'O°S S the l.lr. Traugott stated tl~at ~-:hen he left Norfolk he had the drafting room., civ, him r;hat i:lans ~ -- ' ~ne.? ;-,ad ready, but zhe plans t';ere not com-3!ete in~,~:,'~,~ t';ay, and "~t~,,u~' he f:L~tU'ed as soon as tn, Y~_z~z,,zan and the City of Roanoke get together on thc olan., that the ae~=zl -~ ~ ~ ' ~.,~lans can be ready in a ~2onth. The President, l.lr. Small, stated that another question Cou~cil u-ished to get so;-..:., i.aea on, t':as the posz~zon zhe Vi~'' ' ,e~_nlan would take as to rlght-of-%'~av.,, to ',~hich~. . -?ovided the damages l, lr Trau.~ott stated tile Virginian would bear 50~;; of the cost, ~ are reasonable, i.~. ~m!l expressed the thought that that was a rather indefinite c o~5. t tal. :: The ]:resident,asked ,.~"~. ~rau~o~ if the Virgini~ considered Franklin Road ~BridGe No. l, on the list, L~. Traugott's response bei~ t~t he did. The President told I.ir. Traugott that another question that had been receiving in the minds of Council was the type of structure as shown by tlle sketch submitted, and did not know whether the City could approve that particular type; from an artis. tic standpoint, ws would like to hove a type of bridge more ~:~odern in appearance, not one that might be termed an eyesore, should be a deck type bridge. ~.~,Traugott advised that that depended on what could be done with the tracks; was of the opinion that the structure that tho Virginian ',..~ould not give up any of its tracks at this point, but he was goin~ to take the sketch back and meet the City, s ~Jishes if possible, and that the revised !>labs would be submitted the first of the coz:~ing ~'/cek. ~ '~.~~u~'~a VETZ. h~: E>:-Governor E. Lee Trinkle, appeared before Council in th~ interest of having Council make appro:)riation to defray tho expenses of Confederate Reunion to be held in .Roanoke on October 15th and 16th, 19~, the approximate cost for the i.~eunion bei.n~U ~975.00, of %0;hich the City is asked to con- itribute ..~500.00. The Governor was advised the matter brad already o~en discussed informally by ~ou,:c~ ~ ~1", and it had been agreed that an a~,~o~..~'' ~'.-"';~ ' .... iation of ~o00.00~ would be r'~ade, and that inasmuch as t-~,o members of Council were absent at this ~_:~eetin~, the present re_embers were unwiilir~f£ to raise the amount agreed upon, bu~ if the Co~nittee after exhaust'... · . _~. · n~ all of 't.aekr resources to I:~.eet the e~penses c the Reunion ,:~as uncessful, .Council :'~ay_ . give further consideration to making.-, an additional ~....=_-~'"'-"" ...... o._~ ~ation,' not to exceed a total of ~500.00. %"nereu~Don, ~..x. Co::.~er offered t'- ::o following Resolution: (,~46!9) ~ ii~0~:.~J!~ directing tn:3 Cmty ~uaztor to dra',. %.arrant fo~- ;.j300.00 ns contribution for Confederate Reunion to be held in the City of Roanoke on October /Sth and 10th, 1935. ( For eu!!_ text of ilesolution see Uz'd~nance' ' O~oo~:, '-~,o. o'", pa~=~ 340~. Comer :acted tho ado~tion of the i~esoluvion. The mot ion -,'..'as sec ended ~'o-o- -.~- '~ - Fo~;'ell, and adopted by ~he folloring vote: ~..'....o: idessrs. Comer, i:owell, and the Zresident, NAYS: None .... 0 " . ...... _ . (,,.essrs ~ear and ~,~m~ absent ). he interest of having Refund of License amde to Y. Hutsona, 412 Conuuonwealth Avenue,. overing C!eanin~ and i-~ressing. The matter is referred to the City Clerk for investigation and report. DELIiI.~ ,.~.~ T~'d~ ~ 5cruggs, __ ~,~._,.,~..~: i2r. ~.,,. ~. Delinquent Tax Collector, au. veared ~e~ore Council and presented report showing collections in his de rm~tmen~ for Defied July 1st to~ep ~-' ~'~e~;~oex'" ' 30, 1905, sho%.~inr:~ total collections of ~40,40V.36, for ;he period, ~33,028.94, being collected in his office, and ~7,578.42 by the Clerk the Court. It %?as the consensus of opinion *'~ __~ . ~ ~.n~,t th= report showed very good ~rogress, the iresident stati~x~ Council wished to leave the thought %':ith 'lt. .~cr~.;as ~-' ' ...... that he not relinquish his efforts. The report is filed. PETIt Iu~.,~ 22~D C0i~a~CATi0i.~S: C~i' "L"~iTG:~ ~ petition signed by nine residents in the fourteen hundred block of 3rd Avenue, complaining of nuisance heir4~ cor~itted at 1425 Loudon ~venue, I N. U. The petition is referred to ~;,=~.~ City i,iana~er for investigation and correction, if oossible. '~ 415 416 C OI~RIBUTI 0N-VIRGII IIA ~' * ~'~"~ ~,,~,,,. CIL~dBER OF COI~AERCE: A communication fr~n Mr. Jay ;~. Johns, l~resident of the Virginia State Chamber of Commerce, asking that the ~City of Roanoke appropriate -~700.00 to the State Chamber, was before Council. On notion of :'~r. Comer, the City Clerk is directed to advise Llr. Johns that !the City's bUdget for the fiscal year t'as made up on July l, · ,'.ere included for tho purpose re%uested in his letter. 'i2r. ~or:ell, and u~nimously adopted. BOARD 0~,' ZOiTIi~ A~P~L~..]: The re~ort from the Board of ~oni~ Appeals with -reference to reouest of "'. . 2' _ ,..~ L .. Thornsbury, 326 Virginia Avenue, Virginia Heights, vas before Council, and laid over until ne~ meeti~ of Council. 1935, and that no fund., The motion was seconded by Communication from;.:.*'-,. ,.,. g. 5crug.gs, Delinquent Tax Collector, askinz for refunds to Dr. J, L. Harvey, and .;. H. Cassell, was laid over, yendinj veriricntion an~ ?roper resolution bi: the ~lerk. Ca'i'tain Roa~'-o'.<e Life ~avin.: Cra',;, ',':as bei'o:,e Council as!.:i]~j that ~50.00 realized ' '~ ," ~.' ' be retur:~ed to his organ 012 ~:.~ sale of ~,~o..~obile donatea by Jolt., · ~a,.e.r, Inc., -',~ion to be applied on-oh:~ · -~.. urchase of new car authorized by Council at a i~rev~ous meeting. There beinj no anticipated revenue from this so,race carried in the Budget, i.~ :'m','ell offered ~'~' ' '". ~:e fol!ow'.n:~ Eesoluvio'4: ~ectz..o ~..~ ~t',: _~udztor to draw ',:arrant for ,~30.uO in Ila:':.o of tho 3oano_,.~ !.ire 5avill~': ~' ': ': ( 9'or ':'ulq text o~ ~-"~ ol''~- ~,~ :,~,-.,-~ -- 340 .... ,~ ~iof, see ~..~.,~,.,,.e _.~ooi: '_[o. 8, i-~a,ge ). .'.ir 2-owell moved ~-:~: adoption of the F'.esolution. u':~.e ~' · ~;.~ ~-' mookon was seco2ded by tlr. ,'"-'=~' an.i adopted bl the follo¥:inn: vo~a- and th,--z~reszcent, ~r. 5:.!ail ---5 :7one ..... 0. .... :~.=:~z~,: ',':La Cit--..._="~-ua{;er sub::~itted re~ort of work accom~)iisi ed and ex'~enditures_ for week endi~g Se'!)tember 26, 19''~'oa,. The' - re-port is fiiea.' .~-._~_q~o~: L'ne ~.s~;~r of t~':e .=l¥~house submitted tel;orr ['or month of September, 1935 ~:'- ' , =ne sa;e is fi!ea. The City "' ...... _ · .,~n~oer presented re~ort and reco~m~enda~io,4 for ~nsta!!ation o~ ,~' . ' ' :- ; one 250 ~. i:' street lzgp. t at the intersection of Connecticut Avenue Comer :noved tLe adoption of the report, and offered the io!lo,~nfj resolution (~r~-o2!).~ '".u_~"'-'_~.:I~.. to install a c~+~n~.~.~_ street light. ( For full text of' ResoiuZion see Ordinance Book i[o. 8, page 341 ). l.ir. Joiner noved the adoption of the Hesoluzion. The moZion was seconded by l~r. 'o;':e!l and adopted b:? t:":,e fo!lowi.mg vote: zYES- ~'~ssrs ....... Comer, r'owe!l, ~d the t'resident, Small--3. ~ Fishburn City., ...Uanaa'er~ rece. m2ends teat., permit be granted B. ~. .zor four cross-overs to acco:;m~odate property on the N. W. Corner of Second Street :' " be g~,~anted There beinc no objection registered, the mat- and Fra~<lin 3oad, ,_, .., . ~ ter is carried over for co:~ideration of full membership of' Council. STREET IL~ll0¥"~.i~',T: The City Manager recoLmnends that ~aprovemeats on one block of Ke~wood Boulevard South of Clinton Avenue ~d Greenbrier Avenue from Clinton to Kenwood Boulevard as requested by Raye 0. Lawson, 65o.oo. The report is carried over for consideration of full mombez'st~i~ of Council. C~,,a~oIo~,~,~ 0, ~,~.~: The Co~issioner of i~evenue submitted comparative roJort_ showin su:,~uary of license for month of 5epte~.~oer'", 1935. be reshaped end oiled at a cost Th,~ re!,ort is filed. : ""ITY '"-' ...... '" ' " ~'ity ~_~eant, o~RG:.~..: Llr. ~' i,:ayhew, ,~ '~-~'~ appeared at the invitation of Council, Tot discussion of saluries and ex~cnse~ to be submitted to the ~- 'f - Bo~rd. flr. i.l~yhe~'~ advise~ Council that he had not as yet submitted his ~icures, it vas his intention to use the sams salary figures as carried in the Budget ~or tbs ~iscal year ending Ju~ ~0, 19~d, plus the S~] restoration given C!zy but b~i.~:'o he did ~'~i'~'~ -~" fi" ~," al.. ,:._no de z.zte he i;ould take u:~., tiie i.!tter i':itli Council. He l;as ';old that would be satisfactory. ~u~uOL ~O=.~D. Th~ ~uestioa of m~:inL a,~o:..~ iation to the ~ohool Board for purchase of vacant lo~ for school 9uri:o~os, was before Council, ;~'. :~ouell offering the follouin;d ~oiu~ion: r~f~ .~g~..g of ~lo~oi,~ed b~l~noe in Sohool ~ud~e~ for ~f~osl 7e8~ June ~0, lgbS, ~n~ ~o ~u~ol~se ~o~n~ ~o~ ~n O~fn Go~ fo~ sohool 2url;oses. ( For full text of Resolution see Ordinance Book iio. 8, ;-a~e Idr. i~o~'Jell moved tho adoption of the Resoluvion. The motio~ ~'Jas seconded by Lk'. Comer, and adopted b~ the follo;Ti~gz vote: ~Z~o: ~=~,srs. Comer, ?owell, and the i~resident, ilr.Suail--o. I~ ~: ~'~O~e .... 0 ~u~ ~.Do: The question o~ makins request for quarterly ~ funds amo'~ting to $14~,06b.00, ;?as before ~'ouncil This bei~ the usual routine request, ~..~. Comer offered the followi~z Resolution: ~ndo under the i. rovisions (~4618) A REOOLUTION to authorize the applicavion for =~'~ ~ of the Federal ~uergency Relief Act of 19b~, and/or 1965. ( For full text of Resolution see Ordinance Book i~o 8 page 339 ) }~. Comer moved tl~e aaoption of the Resolution. The motion res seconded by Powell, and adopted by the followin~ vote: AL~ES: Messrs. Comer, Powell, and the President, lit. S~mll --~J. !Li.YS: None ..... 0. ,IP~'~I~'.~: ~= follow~g Ordinance authorizin{j the p~chase of property 9or the straightening anR ~'~iRenin~ of Greenbrier Avenue ~hrough grandin Co~t A~ex havin:.~ been previously introRuoed ami l~i over, was again reaR: (~&61D) ~ 01-~DiN;~.~CE relative to an& au~horizin~ $he p~c~se by Zhe C~ty Roanoke o~' various F~rce!s of land to ~iRen and extend Greenbrier Avenue and provide ~=~ eof. ~or !:.asnnen~ eT the >urohase price o ( For full text of Ordinance see Ordinance ~ool. i~o. 8, ~ase ). ik'. Powe!l moved the adoption of the Ordinance. The motion ~'Jas seconded by i.~. Comer ~d adopted by the follov~ vote: AYES: Messrs. Comer, rowell, and the >resident, Llr. S~ll---3. 417 i L..YS; i{one ..... 0. ['418 Cd,R~'ISA'i'i0N BOARD-C0i~,iON'~,~'~LTi[,~ ~':TTOF~E'Y: The question of salary and expense~ in office 'of the Attorney for the Con~onwealth having been previously discussed, th, City Clerk presented draft, of Resolution which has been concurred in and signed by L:r. R. S. ~'aith, Attorney for the Co~onwealth. Thereupon Idr. Powell offered the following Resolution: (~617) A R-...~,0LU~m0]I makiz~ joint -,'econ,~end~tion to the Compensation Board for ;fixation of salaries and ex~:enses in the office of the Attorney for the Corrm~onwealtl ( For full text of Re~olutio:~ see Ordinance Book No. 8, page ~67 ). L:r. Powell moved tho adoption of the Hesolution. The motion was seconded by :~r. goner, and adopted by the followin~j vote: · v:;,: ~ ' i.:r Sr, m!]. --3 ,...~: lies,ers. Comer, Powell, an~ the :resiaent, . . ..'J2JU.'.~:~_'-_'~.,,o:'~":'~ '~'~'~.,,~ ires/dent, i.lr. S:':mll, brought to the attention of Council - _ _ ~-,~ ~h= Annual Re2ort, ',..'i]ich was befoi'o Council at its last nao at 'th= ti:.:e it ,,as tentatively decided that the School Board ,,o~1~. be r .uested to y',~int ~h~s r~'r.,.ort by utilizin,; an un-3.ended a,';l:,ropriation in the £chooi fu~'~d f'or ti,: purchase of stating further that Vhe Git,~ has not printed a fi~mncia~ re?crt for ~ - "~ast tl:o ~'~ beo~,',=e~ of the cost, a."~d the financial condition of the Czt,,' ~, and that naturally Council -,-.ants ~o .ac ti:is ~,'o~_-k as econo:~,ically as possible, but before final decision on the cuestion_ as to how this report should be printed, in justice to t::e'~ co~n:ercia] t. rinters, it would be his r '~', ~ ' eco;~,...~enuatzon that the City Manager, through the .:"urchas- in.-_ ~"-~-~',,.v, obtain bids for i:rinti~ the 1935 fi~mncial report, and to submit same to ;ouncil as soon as -possible, the i~zivilege bei~¥-; reserved to reject any and all bids, u,~l t Zhe~~ decide just ,,h=o further steps it will take, and ho~',' thi~; re-£~ort will be v~'i:~ted. ;.ir. '3o:.:te',~ e::-:;rcssed -~i_e thou,~ht it '.,';as a very good idea, and offered bhe recommendation as a :.notiou. a do ;~t e d The ~ ' ~ ' z:~o,~zon t.~as seconded by ilr. ?oweil, and unanimously · ' The C'~y l.lana;jer reported that the Salvation Army had submitted h~ ii ~'oT, -'~ ~ ¢~-.b0 to cover cost of board for transients for the ten day,s 'jeriod agree. u~:on_ ov ~ounczl. The ~','=~szdent, ~. ~-~mll, stated it ~,'~as !tis opinion that the City ;, ..~,,~ ~;e__ ~':ithdraw fr~n ~uy co~tt:;,ents ~o pay for ~:~eais ~d lodgi~ for tr~sient 'effective October !st, and let the Salvation :~.~y sell the wood cut by these people. The ,~uestion of working,: transients arrested .:,~ ': --- ~ ~ ~.~ confined to jail ~.as again be- fore Co~cil, and it was agreed tbmt the City Man~er would confer with the City Ph!sician to work out %';ays and means to certify the p~soners for duty, and that per. haps Council %'~ould %;'anZ ~o have a further talk with Judge Birchfield'on Zhe subject. Ii,~C~'~CiTOi{: The City ~'~ ~' _ ...~a~e~ brought before Co~cii t,e euestion of some ac- k, ion in co,cation with funds for the erection of an incinerator. The City Manager is requested to bring the zmtter before Council at its next meeting. : . .... ~.~. '~'¢.e city Clerk is directed to notify l,~. Griffin of the C. & -. Telephone Compmuy to have representation present at 2:00 o'clock Friday, October ll, 1935, for f'~ther co~ideration of the franchise. ~ There being no further business, Co'~cil adjo~ned. APPROVED President The Council of the City of Roan, in the Municipal Building, the early meeting hour having been COUNCIL, REGULAR MEETING Friday, October 11,' 1955 Hoanoke met in regular meeting in the Circuit Court Friday, October 11, 1055, at 2:00 o'clock p. m., called for conference with representatives of the C. & P. Telephone Company with reference to a new franchise. PRES~: Messrs. Comer, Powell, Winn, and the President Mr. Small --4. ABS~T: Mr. Bear ----1. The President, Mr. Small, presiding. OFFICERS PRF~IIT: W. P. Hunter, City Manager. GAP TE~.EPHONE COt,~PANY: ~r. L. M. Griffin, General Commercial Manager, and Mr. J. N. Bradley, Counsel for the C. & P. Telephone Company, appeared before Council for discussion, in executive session, of a proposed new franchise for telephone rights within the City of Roanoke, draft of same having been previously submitted. Consideration of a n~aber of additions and inclusions to the original draft as sub- m~tted was entered into by members of Council and representatives of the Telephone Company, and tentative agreement reached, after which the CAP representatives re- tired for redrafting the franchise for presentation to Council later'during the meet' MTNUTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Comer, seconded by Idr. Powell, the reading is dispensed with, and the minutes approved as recorded. ME.~RING OF CITIZt~S UPON PUBLIC 5':~TTERS: BUILDING-LINDSEY-ROBINSON & CC~IP~: Mr. C. G. Lindsey,. representing Lindsey- !Robinson & Company, appeared before Council in the interest of having permit issued allowing his company to erect a warehouse on Shenandoah Avenue, in the Second Fire . Zone, said buxlding to be a temporary one, and construction contrary to .the Code for buildings in that area. .Mr. Lindsey stated that contract had been let, and all _ materials ordered for the erection of the warehouse, and when his company applied for a permit, he was unable to obtain same, and asked Council to give him the relief asked for, and if at all consistent, at the earliest date possible. The question was discussed at some length, it being the opinion of Council that a special permit might be granted'for a period of one year, with privilege of renew- lng same for another year, with the further understanding that should the temporary building be later considered as a fire hazard, the City would have the right to compel the removal of same. The City Manager is directed to confer with Mr. Lindsey, and if proper and mutual satisfactory arrangements can be worked out, .to confer with the City Clerk for draft2 lng the proper Resolution for consideration of Council at its next meeting, and in the meantime to so advise Mr. Lindseywith a view of permitting him to proceed with the construction of the building. CROSS-OVERS: Mr. B. J. Flshburn appeared before Council in the interest of permit to construct four cross-overs to accommodate property on the Northwest 'Corner of Second Street and Franklin Road S.'W., the City Manager having mended that the permit be granted. previously racom- After further discussion proposed layout of structure, of the question, and examination of sketch showing the!' and the understanding the corner would be increased to~ 419 42O curve, Mr. Wi~ offere~ the following ReaolutXon: (~4623} A RESOLUTION $ranti~ a permit to B. J. Filhburn to construct o®rtain orosB-overs. ( For full text of Resolution see Ordinance Book No. 8, Page _S~_ .2}. the adoption of the Resolution. The motion was seconded ~Comer, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, and the NAYS: Nono .... O. { Mr. Boar absent } President 1,ir. Small --4. by Mr. CLERK OF THE COURTS: Mr. R. J. ~'atson, Clerk of the Courts, appeared before ~Council with reference to submitting Joint reoommendati on to the Compensation Board ~of salary schedule for employees in his office. Mr. Watson advised Council that before making any submission he would appear before Council and submit his schedule with a view of reaching a Joint agreement. The matter is therefore deferred for consideration at a later date. ZONING: Mr. L. M. Thornsbury appeared before Council and submt:tted sketch of improvements contemplated for his property at 326 Virginia Avenue, Virginia Heights which property is now designated as Residence District, the question of chenging same to Business District having previously been before Council and referred to the Board of Zoning Appeals, the Board recommending the request be denied. The City Clerk is directed to return the recommendation to the Board of Zoning Appeals, together with sketch of contemplated improvements, and ask that the Board reconsider its recommendation. PETITIONS AND C0k~CATIONS: APPROP,~IATIONS-Ai~iISTICE DAY CELEBRATION: A communication from Mr. Morris L. Masinter, Chairman of The Committee on Patriotic Affairs, asking that Council ap- ~propriate $100.00 to help defray the expenses incident to Ar~stice Day Celebration on November 10th and llth. It appearing that sufficient funds are included in the Budget for this purpose, Mr. Ni~n offered the following Resolution: (~4624) A RESOLUTION authorizing the City Auditor to draw warrant for $100.00 as a contribution toward the expense of ~n~tstice Day celebration. ( For full text of Resolution see Ordinance Book No. 8, Page 342 ). ~r. Winn moved the adoption of the Resolution. The motion was seconded by Mr. Comer, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, and the President Mr. Small --4. NAYS: None ..... 0. COAL DEALERS: A communication from L~r. ~ohn W. ~right, Attorney for merchants "heretofore handling coal in small quantities, asking that he be permitted to again appear before Council and present petitions end arguments in behalf of his clients, particularly in view of the fact that he was only allowed ten m_t_nutes, time at his last appearance. The City Clerk is directed to acknowledge receipt of the communication, and advise ..~. Nright that Council is irevision or amendment to the Coal ~Council will be glad to hear him. not disposed at the present time to make any Ordinance, but if he wishes a further hearing, CONFEDERATE VETERanS: A communication from Mrs. T. T. Parrish and Mr. ~. W. (~waltney, representing the Confederate Veterans, with reference to appropriation made for defraying the expenses of the Confederate Reunion to be hel~ in Roanoke on October l§th and 16th, 1955, was before Council, the Cannnittee asking that $50,00 ' heretofore inolude~ in the Budget for expenses of Confederate Veterans attending applied toward the $300.00 appropriated at the appoint the following ladies to attend Reunions be withheld thi s year, and last meeting of Council. The Committee also asked that Council the Convention to look after the comfort of attending veterans: Mrs. ¥. C. Michael, Mrs. J. W. Comer, .Mrs. A. H. Dudley, Mrs. T. T. Pettish, Mrs. S. L. Crute, and L:iss Janie Figgatt. It being the unanimous opinion of Council that the ladies named should be ap- pointed as representatives to attend the Reunion, .Mr. Powell offering the following Resolut ion: (~4625) A RESOLUTION appointing certain ladies to attend the Reunion of the Sons of Confederate Veterans to be held in the City of Roanoke on October 15th, 16th, and 17th, 1935, to assist in providing for the comfort of attending veterans. ( For full text of Resolution see Ordinance Book No. 8, Page 343 ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by ~Lr. Winn, and adopted by the following vote: AYES: Messrs. Comer, NAYS: None .... 0. Powell, Winn, and the President ~.M. Small ROANOKE WA~ER ¥;0RKS COMPANY: Application for permit to open street Btreet N. W., from Grayson Avenue, for distance of 160 feet, for purpose E" water main was before Council, ~dr. Hunter recommending that the permit Mr. Winn moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: on Eighth of laying be granted. (~6Z6) A RESOLUTION kay a certain water main. to grant a permit to the Roanoke ~ater ~orks Company to ( For full text of Resolution see Ordinance Book No. 8, page 343 ). Mr. Winn moved the adoption of the resolution. The motion was seconded by 'owell, and adopted by the follo%,~ing vote: AYES: Messrs. Comer, NAYS: None .... 0. Powell, "Jinn, and the resmdent ~r. Small ---4. ROANOKE GAS LIGHT C0~AEY: A~lication for permit to open street on Orange Avenue, N. W., for purpose of installing a 4 inch gas ~ein was before Council, Mr. Hunter recommending that the permit be granted. Mr. Powell moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4827) A RESOLUTION granting a Install a certain gas main. permit to the Roanoke Gas Light Comp,ny to ( For full text of Resolution see Ordinance Book No. 8, page 344 ). Mr. Powell moved the adoption of the Resolution. The motion ~as seconded by ir. Winn and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, NAYS: None .... 0. .nd the President ~. Small --4. INVITATIONS-VIIff0N LIONS CLUB: A communication from H. B. Wade, Secretary of the Zinton Lions Club, extending to members of the Council and other officials of the 421 422 City of Roanoke a most cordial invitation to be present at the Vinton Lions Club,s !Fourth Annual Homecoming Day on Oo tober 19, 19S5. The City Clerk is directed [the appreciation of Council ..of Council will be very ploasod to REPORTS OF OFFIOERS: to acknowledge receipt of the letter, and for the invitation, and that if at all attend the feativities. feasible express members ~ CITY TREASURER: A report from the City Treasurer for the month of September, ;1955, showing collections of $28,290.49 as compared with the sa_me month of 1954, was before Council. The report is filed, and the City Clerk is directed to ascertain ~from i,ir. Kennett the percentage of 1933 real estate levy remaining uncollected as of October 1, 1935. STREET IMPROV~,~,h~: The City Manager submitted report with reference to improv- lng Kenwood Boulevard south of Clinton ~venue and Greenbrier Avenue from Clinton to Kenwood Boulevard, and recommends the street be improved by reshaping and applyi~ crushed stone and asphalt, at a cost of $650.00, and same be charged to "Street Repairs" as now carried in the Budget. On motion of iLr. Powell, seconded by 1.3. Comer, the City Manager is authorized to proceed ~ith the work. STREET :,ID~ING: A report from a Committee from the Roanoke Real Estate Board, appointed to appraise property on Carroll ~venue between 18th and 19th Streets, advising a value of $650.00 had been placed on said property, was before Council. On motion of i,Lr. Comer, seconded by Er. Winn, the City Manager is authorized and directed to consumate deal with Kir, merling Brothers for the property in question on basis of previous offer and recommendation. The City Clerk is directed to acknowledge receipt of letter from the Committee appointed to make the appraisal, and express Co,mcil's appreciation for their gratuitous assistance in making the appraisal. ~PdP0~S OF C0~TTEES: None. ~JNFINISHi~ BUSINESS: None. CONSIDERATION OF CLAILIS: REFUNDS '~fD REBATES: The City Clerk reported he had investigated the request of If~. S. Harris Hoge, Attorney for Y. Hutsona, 412 Commonwealth Avenue, for a refun( or remittance of Cleaning and Pressing License for the last half of 1935, and found the license had been obtained for the first half of 1935 in accordance with License Ordinance covering this class of business, and that license for the last half of 1935 was now due, amounting to $20.00. The City Clerk is directed to advise ~. Hoge that under Ordinance #4419~ the license for Cleaning and Pressing is $40.00, $20.00 for which has been paid for the first half of 1935, and $20.00 remaining unpaid for the last half of 1935, and past due. INTRODUCTION A~ CONSIDERATION OF 0RDIN~CES M~ RESOLUTIONS: REFUNDS MtD REBATES: A communication from the Delinquent Tax Collector asking for refund of $4.42 ~as before Council, found correct. Mr. Winn thereupon for over-payment of taxes for year the City Clerk advising the matter 1932 by Dr. J. L. Harvey, had been investigated and offered the following resolution: A RESOLUTION to refund Dr. J. L. Harvey $4.42 for over-payment of real estate taxes for year 1932. ( For full text of Resolution see Ordinance Book No. 8, page 344 ). htr, ¥tinn Mr. Powell, and adopted by the AYES: Messrs. Comer, Powell, NAYS: None .... 0. REFUNDS AND moved the adoption of the Resolution. The motion was seconded by following vote: Winn, and the President ,Mr. Small ---4. REBATES: A communication from the Delinquent Tax Collector asking that a refund be made to b'. H. Cassell covering duplicate payment of taxes~ for year 1933, the City Clerk correct . Mr. Powell thereupon matt er had been investigated and advising the found offered the following Hesolution: (~46Z9) A RLSOLF£IoN to refund ;~. H. Cassell of personal property taxes for year 1933. $1.13 covering duplicate payment ( For full text of Resolution see Ordinance Book No. B, Page 344 ). Mr. Powell moved the adoption of the Hesolution. The motion was seconded by ~r. Comer, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, end the President ;;Lt. Small--4. NAY3: None ..... 0. CITY CLERK: The City Clerk brought to the attention of Council a bill for $12.00 covering rental of Underwood Typewriter used in his office, and asked that the City Auditor be directed to pay the account out of "Incidental Expenses" as carried in the Budget for his Department. On motion of Er. Ninn, seconded by i&r. Comer, it is unanimously agreed that the bill be paid out of "Inctdential Expenses" as recommended, and that the City Auditor be so advised. RECREATION DEPARTMENT: Mr. K. Mark Cowen, Director of the Recreation Department, appeared before Council, and presented letter asking that certain items as nOw car- ried in the Budget be transferred to his "Supply Account,, the amount being $288.00, and in addition to this that his budget account be supplemented to the extent of $423.00 for supplies, in order that he might utilize the services of seventeen ad- ditional employees for a period of one year under the appropriation of $13,500.00 as approved by the Federal Government. The Question was discussed at some length, Council agreeing to transfer the $~88.00 in question, and advising Mr. Cowen when this amount was expended, he might return to Council for consideration of the addition~_~_ appropriation, if and when the same is needed, Mr. Powell offering the following emergency ordinance covering the transfer: (~630) AN 0HDINANCE to ,mend and reenact Section No. 100, "Recreation merit" of the 28th, the fiscal year beginning July l, 1935, and ending June 50, 1936." ( For full text of 0rdi~_-n~e see Ordinance Book No. 8, page Depart- an Ordinance adopted by the Council of the City of Roanoke, Virginia, on day of June, 1935, and entitled, "An Ordinance making appropriations for Mr. Powellmoved the adoption of the Ordinance. Ninn, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, and the NAYS: None .... 0. The motion was seconded by Mr. President iLr. Small --4. REFUNDS AND REBATES: Mr. H. R. Yates, City Auditor, appeared and presented tax tickets and receipt in the S. W., Mr. Davis, contention being that taxes for the year 1928 paid ~O Terry L. before Council name of James Davis, 628 Day Avenue, ~ the receipts attached to the file represented Woods, but still shown as being delinquent '~ 423 424 in the office of the Delinquent Tax Colleetor. The file ia referred to the City Clerk for investigation and to prepare the necessary Resolution if found correct. INCINERATOR: The City Manager brought before Council file and question of Incinerator for the City of Roanoke, letter from Mr. J. A. Anderson advising that contract for the project would have to be let by November 15th,' and that work would have to be started prior to December 15th, or the money earmarked for this purpose would be diverted to other projects. After a lengthy discussion of the question it was the unanimous opinion of Council that the City Manager be directed to confer with the City Attorney, with a view of outlining the necessary procedure to follow in order to place before the freehold voters of the City of Roanoke the question of a Bond Issue in order to raise necessary funds for financing the project, and further that the City Manager be directed to write ldr. Anderson, advising him of the procedure necessary to follo as provided for under the charter of the City of Roanoke, and that the City cannot definitely let contract until a bond issue has been approved by an affirmative vote by the said freehold voters at an election duly advertised and held in accordance with the laws regulating such election. ANI~J~ REPORT: The City Manager presented letter and tabulation of bids for printing the Annual Report of the City of Roanoke, as requested at the last meeting of Council, the lov~ bid showing a total cost of $2?5.00 for three hundred copies of the financial report, and $5.00 per page for printing the Annual Report showing departmental reports. A discussion of the question resulted in an unanimous opinio~ that the financial report should be printed by the commercial printer submitting the lowest bid of $276.00 for three hundred copies, with I-&r. Comer following Hesolution: ( 631) A R SOLUT ON offering the directing that the financial report of the City A~ditor for fiscal year ending June 30, 1936, be printed. · ( For full test of Resolution see Ordinance Book No. 8, Page_345.. ). Mr. Comer moved the adoption of the Resolution. ~r. Wtnn, and adopted by the following vote: The motion was seconded by AYES: Messrs. Comer, Powell, Win_n, and the President Mr. Small --4. NAYS: None .... 0. CITY ~fARKET AUDITORi~: The City Manager brought to the attention of Council 'the question of use of the City Market Auditorium by the National Business College without charge, asking that proper Resolution be adopted for future guidance, the · question having been raised by the ~uditor as a result of no charge being made against the National Business College for having been granted with a view of m~_king In this connection, Mr. Winn offered (~&SBE) A RESOLUTION authorizing the City Market Auditorium. basketball practice periods, charge for regular games, if the following Resolution: City Manager to grant free ( For full text of Resolution see Ordinance Book No. 8, page ~ir. Wtnnmoved the adoption of the Resolution. kLr. ~owell, and adopted by the following vote: said' privilege and when plaYed. use of the 346 .) . The motion was seconded by AYES: Messrs. Comer, NAYS: None .... 0. Powell, Ninn, and the President ~'.~r. Small--4. AIRPORT: Manager and the Airport Reynolds and port is on a tract will be cancelled, and to report back to Friday, October 18, 1935. STREET WID~2~INC: Mr. Comer brought to the The President, Mr. Small, brought to the attention of the City Council an unpaid balance of $25~.9~ covering rental and interest of by Reynolds and Lemon, the City Manager being directed to confer with Lemon and advise them in view of the fact that the rental of the Air- nominal basis, and that unless the rental is paid currently, the con- Council at its next meeting on attention of Council a request from the Hoads Committee of the Chamber of Commerce, of which he is a member, for the widening of corner of Grandin Road and Auburn Avenue. The question is referred to the City Manager to ascertain what he can work out in connection with the request. LIBRARY BOARD: The question of the Library Board vacancy created by the resignation of L2. J. Powell, a member of to fill the vacancy. suggesting a name to fill the unanimously elected as a member of the the resignation of Mr. J. B. Fishburn. C&P TELEPHONE FRANCHISE: Mr. L. M. Griffin, General B.Fishburn was before Council, Mr. the Library Board, offering the name of M.r. E~_mund P. Good, in The motion was seconded by ~Lr. Winn, and .Mr. Edmund P. Goodwtn Library Board to fill the vacancy created by. · Mr. J. N. Bradley, Counsel for the C&P Telephone Company, and retiring for redrafting of the before Council during the meeting, Commercial Manager, and having previously been propos ed franchise, again appeared and submitted the redraft, which was read. .Mr. Ernest L. Rowell, Plant Supt. Mullins of the City, poles, it being the specified. With the above exception the redrafted franchise appeared to be in line with Council's wishes. The change having been made, the Telephone representatives were requested to confer with Judge R. C. Jackson, City Attorney, for working out the legal phases of the franchise, for submission to Council for final consideration at of the C&P Telephone Company, and Fire Chief appeared at this conference in connection with crossarms on final decision that the location of crossarms should not be Presi dent its next meeting on Friday, There being no further October 18, 1935. business, Council adjourned. APPROVED 425 426 COUNC IL, RI~ULAR MEETING, ~oom, The Council of the City of in the Municipal Building, regular me eting hour. Friday, October 18, PRES~T: Messrs. ABSt~T: None .... 0. Roanoke met in regular meeting in the Circuit Cou~t Friday, October 18, 1935, at 3 o,clock p. m., the Bear, Comer, Powell, Winn,. and the President Mr.. Small --5. The President, Mr. Small,presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City I~anager. I~II~;T£S: It appearing that a copy of the minutes of the previous meeting h~ving been furnished each member of Council, Mr. Winn m.oved that Resolution ~4632 be amend. ed by adding the following clause to the second paragraph "and mak. e report t__~o the City Council." The motion was seconded by I'~. Comer, and unanimously adopted. Mr. Comer moved, with the correction noted, the reading be dispensed with, and the minutes approved as recorded. The motion was seconded byDir. Ninn, and unani- mously adopted. HEARING OF CITIZ~S UPON PUBLIC 5LITTERS: COAL DF~iLERS: ?,Ir John ~' _.. ,,. ~;right, Attorney for merchants ha_ndling coal, appear- ed before Council and presented petition from retail stores and customers using coal in small quantities, asking Council to reconsider its action previously taken with reference to the Coal Dealers Ordinance. On motion of ~. ~'in~, seconded by ~.~r. Comer, the petition is received, laid over for consideration at a later date. The moti.on is unan!_mously adopted. CITY I&ARKET AL~DITORI%~I: Mr. M. A. Smythe, President of the National ~usiness College, appeared before Council with a request tbe_t the National Business College basket ball team be permitted to practice at the City Market Auditorium, preparatory to entering the team in the City League, when it will play ten or t~elve scheduled games, all of which will be played at the City Market Auditorium, paying the regular charge for the use thereof. He stated the team contemplated using the Auditorium for practice purposes approximately thirty nights, for a period not to exceed two a half hours nightly, and that the basket ball team would be unable to pay the reguls charge for this use. He stated further that the team would be willing to give way to the use of the ~uditorium at any time the City had use of the floor, or applica- tion to let the Auditorium at its regular charge. Afte= further discussion of 'the question, Mr. Winn moved that the City Manager be authorized to lease the City Market Auditorium to the National Business College for use of its basket ball team for practice purposes, for a total not to exceed thirty nights prior to the commencement of the City Basket Ball League, not to excee~ tvo hours per night for a total cash consideration of $50.00, with the understanding in the event ~he City has an opportunity of renting the Auditorium on the revenue basis, the Business College ments the City Manager might make. mously adopted. ~ ZONING ORDINANCE: Mr. G. D. appeared before Council, as did ~. basket ball team will defer to The motion ~as seconded by ~r. ShipDlett, 224 Virginia Avenue, L. M. Thornsbur~, in the regular any other arrange- Bear, e_~d unant- Virginia Heights, interest of the Board of :Zoning Appeals, recommendation as to changing property located at ~S26 Virginia Avenue, Virginia Heights, from Special Residence District to Business District. Both! gentlemen were advised'that the recommendation of the Board of Zoning Appeals ~uld not come before Council at this meeting, but would be deferred until the next meet- ing on Friday, October 2~, '1935, at which time all interested parties would have an !opportunity of presenting their side of the same. PETITIONS AND CG~L~JI,~cATIoNS: · CROSS-0VE~: A communication from Arthur.-Harris Motor Company, Inc., asking that a permit be grantad to construct a cross-over at #400 Luck Avenue, ~'est, was before Council. The request is referred to the City Manager' for investigation, menda~ion. CROSS-OVER: 'A communication from Lindsey-Robtnson & Co., Inc., requesting a ~ermit to construct cross.-over on Shenandoah Avenue to accommodate their property, · as before Council, the City Manager advising he had investigated the request, and recommends the permit be granted. Mr. Powell moved the reco~mnendation of the City ~anager be concurred in, and offered the following Resolution: (#4636) A RESOLUTION granting permit to Lindsey-Robinson & Company, Inc., to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, Page 347). Mr. Powell moved the adoption of the Resolution. ~r. Comer and adopted by report -nd recom' The motion was seconded by the following vote: Comer, Powell, Winn, and the President Mr. Small ---5. · ~YES: Messrs. Bear, NAYS: None .... 0. CROSS-OVER: A'communication from C. J. Davis, making application for pernfit to '~onstruct a cross-over at ~647 Northumberland Avenue, Virginia Heights, was before ~ouncil.. Mr. Comer moved the City ~Manager be given authority to act in the case and ~ffered the following Resolution: (~4635) A RESOLUTION granting a permit to C. J. Davis to 'construct a certain 8, page 347 ). The motion was seconded by :ross-over. ( For full'text of ResolUtion see Ordinance Book No. Mr. Comer moved the adoption of the Resolution. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, NAYS: None .... 0. Powell, Wtnn, and the President Mr. Small--5. ROANOKE G_A_$ LIGHT COMPA1UK: Application for permit to open street on 10th Street N. W., between 'Madison Avenue and L!oorman Road, between curb and sidev~alk for the purpose of laying a 4" gas ~,in from dead end south of Madison Avenue to dead end, for distance of approximately 100' to dead end, was before Council, the City Manage~ recommending that the permit be granted, let. Ninn moved that Council concur in the recemmendation of the City Manager, and offered the following Resolution: (~4637) A RESOLUTION granting a pernhit to the Roanoke Gas Light Company to tn- stall a certain gas main. ( For full text of Resolution see Ordinance Book No. 8, page 348 ). The motion was seconded by Mr. Winn moved the adoption of the Resolution. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the Pres ident ~tr. S~all --5. NAYS: None ---0. 427 428 ZONING: A communication from J. T. Eases and J. B. Fishburn asking that properi lying between York Avenue and the Norfolk and WeatsrnRailway Belt Line, W&sena Addition, be changed from Residence District to Business District, was before Coun- oil. The communication is referred to the Board of Zoning APpeals for investigation, report and recommendation. POLICE-ROANOKE G~S LIGtIT C01,~2NY: A communication from the Roanoke Gas Light Company asking that Claude S. Hale be appointed as Special Policeman for the Gas Company, the City ~,lanager recommending the appointment be made for a period of six months. Mr. ¥owell moved that council concur in the reco~nendetion of the City 1.,lenager, and that Claude S. Hale be appointed as Special Officer for the Gas Company for a period of s~x months. The motion was seconded by Er. Comer, and unanimously adopted ~h~RY LOUISE HONE: A communication from the Mary Louise Home expressing its appreciation for the appropriation made by Council for the month of August, 1935, was before Council. The communication is filed. SOCIAL SERVICE: A commm~ication from ~rs. Lillian Brown asking that some help be given her in caring for her two children, as she has been unable to receive any relief from the Social Service Bureau. The communication is referred to the City Manager for transmittal to the proper relief organization. REPORT OF OFFICERS: ROANOKE HOSPITAL: The City Manager presented report showing list of City patients treated at the Roanoke Hospital for month of September, 19~B, as submitted by the City Physician, showing B0g days, treatment at a cost of ~908.00. The report is filed. INSTRUCTIVE VISITING ~JRSES ASSOCIATION: A report Nurses Association for the month of September, 19~0, of ~?.98, and bills amounting to $?0.00 outstanding. REPORTS OF C0~TTEES: None. UNFII~SMEn BUSINESS: None. CONSIDERATION OF CLAIN~: None. II~TRODUCTION AND CONS~DEHATION OF ORDINANCES ~D RESOLUTIONS: C. & P. TELEPHONE C0I~ANY: The question of advertising for bids for telephone franchise having previously been before Council, ~. Comer introduced the following ordinance for its first reading: (~4633) AN ORDINANCE granting a franchise to its successors and assigns, to use the streets and pther public places of the City of Roanoke, for its poles, wires, conduits, cables and fixtures. BE IT 0RDAY~ED by the Council of the City of Roanoke, Virginia, that from the Instructive Visiting showing an unexpended balance The report is filed. Virginia its successors and assigns, for a period of thirty (30) years be, and is hereby au- thorized end empowered to construct, maintain and operate its posts, poles, conduits manholes, ducts, cables, wires end all other necessary overhead and undergro,md apparatus on, over, along, in, under and through the streets, alleys, highways, and other public places within the limits of the City of Roanoke, State of Virginia; and to use the property of other companies and permit other companies to use its property. upon such arrangements as the two companies may agree: PROVIDED: traveling on or over the said streets, alleys, highways and other public and in the installation and maintenance of its underground system, said SEOTION 1. That all poles erected by said Company shall be neat and symmetrical, and shall be so located as in no way to interfere with the safety or convenience of persons places; Company shall not open or encumber more of any street, alley, highway or other public place than will be necessary to enable it to perform and efficiency. SECTION 2. That the erection of poles and provisions of this ordinance, shall be subject the work with proper economy construction of conduits, under the to the supervision of the City Mans-- gar or some other representative authorithtively appointed by said Council, and said Company shall replace and properly relay any sidewalk or street pavenmnt which may have been displaced or syst em. SECTION 3. That said company shall, whenever Roanoke, alleys, poles, damaged-by it in the construction and maintenance of its required to do so by the City of in the reasonable exercise of its police power, remove from the streets, highways or other public places of the said City, or any part thereof, its wires amd other appurtenances, except such as may be necessary for local distribution, and place the wires and other appurtenances underground in safe and suitable conduits; the location of which is to be approved by the said City and the work to be done under the supervision and to the satisfaction of the said City. SECTION A: That said company shall, during the life of this franchise, pay to the City of Roanoke each year three (5) percentum of its gross receipts from local telephone exchange service within said City, such payments to be made semi-annually in the months of January and July, and as a guarantee of the faithful performance of this provision, the books and systems of accounts showing the gross income deriv- ed from such local telephone exchange service as aforesaid, shall be subject to in- spection and verification by a duly authorized officer or agent of said City. SECTION 5. That space on one (1) crossarm of poles erected or in one (1) duct of the conduits constructed, under the provisions of this ordinance, shall be re- served, free of charge, for the purpose of carrying wires of amy fire alarm or police telegraph system owned and maintained by said City, provided the said wires are placed and maintained ~u such manner as may be prescribed by the said Company, and in no case used to carry electric light or high tension currents. SECTION 6. That the said Company shall maintain its lines in good mhd safe order and condition; and shall at all times fully indemnify, protect and save harm- less the said City from and against all claims arising from the erection, construc- tion or negligent maintenance of its said lines. SECTION ?. All of the terms and provisions of this ordinance shall apply with equal force and effect within the corporate limi_ts of the City of Roanoke as now or as may hereafter be established. SECTION 8: That nothing in this ordinance shall be construed to grant under the said Company any exclusive right or to prevent a grant of similar privilege to other companies. SECTION 9. That the right of the City to impose any lawful license or other tax upon said Company or its property is hereby expressly reserved and is not to be deemed ~m any manner waived or abridged by this ordinance. 429 ,430 SECTION 10: The ordinance is laid over. TEL~HONE ~tANCHISE: The question of advertising franchise was brought before Council, Mr. (~4~A~ A RESOLUTION to advertise for Ordinance No. 463S. ( For full text of Resolution see Ordinance building, Mr. This ordinance shall be in force from its passage. for bids for the telephone Bear offering the following Resolution: telephone franchise as provided for in Mr. Bear moved and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, NAYS: None ..... 0. C. & P. TELEPHONE TAXES: The question of pro-rating recently acquired by the City was brought offering the following Resolution: the adoption of the Resolution. Book No. 8, page 346~). The motion was seconded and the Presi dent, ~M. Small --5. by Mr. taxes on the old telephone before Council, the President, Small, ([~4638) A RLSOLUTION directing the City Treasurer to render bill to Chesapeake Mr. Small moved the adoption of the ResGlution. Powell, and adopted by the following vote: and Potomac Telephone Company covering taxes on old telephone building on Second Street S. W. ( For full text of Resolution See Ordinance Book No. 8, page~ 548 ). The motion was seconded by AYES: Messrs. Bear, Comer, Powell, ¥~inn, and the President Mr. Small --5. NAYS: None ..... 0. C&P TELEPHONE BUILDING-INSURANCE: The President, ~. Small, brought to the at- tention of Council a request from the First National Exchange Bank, holder of notes and deed of trust on building located at ~19 Second Street S. W., known as "old same, it being suggested telephone building", that an i~urance policy be placed on that the amount of insurance be $15,000.00 for a period of Mr. Bear thereupon offered the following Resolution: three years. same (#4639) A RESOLUTION directing the placing of $15,000.00 insurance Chesapeake and Potomac Telephone Company building and providing for deposit with the First National Exchange Bank. ( For full text of Resolution see Ordinance Book No. Mr. Bear moved the adoption of the Resolution. The Powell, and adopted by the follow, lng vote: 8, Page on old of motion was seconded by .Mr. AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. NAYS: None .... 0. BUILDINGS: The question of granting a permit to Lindsey-Robinson & Company, Inc to erect a temporary ~arehouse on Lots 5 ~nd ?, Section 55, R. F. & H. Addition, on southside of Shenandoah Avenue betweem 8th and 9th Streets, heretofore before Council was again brought before the body, 'Mr. Comer offering the following Resolution: (#4540) A RESOLUTION granting a permit to Lindsey-Robinson & Company to erect a temporary warehouse on Lots ~ and ?, Section 55, R. F. & H. Addition being on the Southside of Shenandoah Avenue between 8th and 9th Streets. ( For full text of Resolution see Ordinance Book No. 8, linage 547 ). Mr. Comer moved the adoption of the Resolution. The motion was seconded by Mr. Po~ell. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Ui~_u, and the President ~Lr. Small --5. The question of releasing personal property taxes for the NAYS: None---O. REFUNDS :~ND ~REBATES: t yea~ 1929 in ~he name of James Davis, 625 Day Avenue S. W., oil, Mr. Bear offering the following Resolution: {~4641) A RESOLUTION to release personal property taxes name of James Davis, ~6P~ Day Avenue S. W. ( For full text of Resolution see Ordinance Book No. 8, M~. Bear moved the adoption of the Resolution. Mr. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and NAYS: None---0. MOTIONS AND MISCELLANEOUS BUSINESS: CITY TREASURER: As requested at the previous meeting Treasurer presented report showing ?.4? percent of the collected as of October 1, 1935. The report is filed. BRIDGES-FRA~\~LIN ROAD: The City Manager presented to was again before Coun- for year 1929 in the page 3~50. ). The motion was seconded by the President Mr. Small --5. of Council, the City 1933 real estate levy un- Council a revised layout oi' proposed bridge over the Virginia Railway tracks at Franklin Road, as submitted by ~,ir. A.. ~J.. Traugott, the Chief Engineer. The proposed plans as submitted were studied very extensively, and discussed at length, the final result being that the City Manager was directed to confer with Mr. Tarugott and ask for a conference with him in Roanoke on i..;onday, October 21st, for the purpose of outlining suggested changes with a view of improving the appear- ance of the bridge, and reducing the cost of upkeep. In the event Mr. Traugott is unable to come to Roanoke on Monday, the City Manager is directed to arrange for a conference with Virginia officials in Norfolk at the earliest date possible in order that detail plans may be completed and submitted to the Federal Bureau of Roads, and for final approval by the State Highv~'ay Department with as much dispatch as INCiNERATOR-BOND ISSUE: A communication from Colonel James A. A_nderson, PWA Administrator for Virginia, with reference to bond issue covering cost of tot for Roanoke, was before Council and discussed at length. It was the unanimous opinion of Council that to comply wi. th the charter sions and legal technicalities it would be impossible to place the question of issuing bonds covering this improvement. possible. Act ing incinera- provi- before the freeholders Thereupon, Mr. Comer moved that the City Manager be directed to write Colonel derson that in view of these charter provisions it would be ~mpossible for the City of Roanoke to secure action by the freeholders in time to take advantage of a P~A grant and let contract by November 10th, the specified date for letting contract, ~ut that if ~ederal funds should be syllable on February l, 193~, the City of Roanoke · ould like to have an opportunity of again considering this matter. The motion was seconded by Mr. Bear and unanimously adopted. The City Manager is also directed to ask Colonel Anderson to advise the status ~f funds for the Wasena Bridge, as Council would also like to consider this question ~n conjunction with the incinerator in submitting same to the freeholders of the City. AIRPORT: The City Manager reported that Reynolds ~d Lemon had paid the past ~ue interest on note held by the City, and had promf_sed to pay ren~ due by November ., 193B. He was instructed to report back to Council on November 1st as to whether ~r not this had been done. 431 "432 ¢~: Chancery sumnons in case of N&~I& E. Wiggins, Executrix of E. E. Wi~lns, deceased, versus the City off Roanoke, was served on the City Council, thc City Clerk is directed to refer same to the he protect the City's There bein~ no interest in the case. and City Attorney with instructions that further business, Council adjourned. APPROVED )rk COb~CIL, REGUI~IR MEETING, Friday, October 25, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, Friday, October 25, 1935, at 3:00 o'clock p. m., the regular meeting hour. PRESENT: Messrs. Bear, Comer, Powell, and Winn---4. ABSENT: The k'resident, Mr. bknall ............ 1. The Vice-President, l,~r. Comer, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City M_~nager. MINb~ES: Attention was called to a necessary correction in Resolution No. 4634 providing for the advertising of telephone franchise, as adopted at the last meet- lng of Council, the date for opening of bids being shown as the 22nd of November, 1935, whereas the correct date should have been the 29th. On motion of Mr. ',','inn, seconded by Mr. Powell, and unanimously adopted, the correction is made, showing bids received on the 29th of November. It appeari~ that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of l~r. Bear, seconded by i~..:r. Winn, the reading is dispensed with, and the minutes approved as recorded after the above correct i on. ~&RIEG OF CITIZEI~S UPON PUBLIC MATTERS: Z0~ING. ~r. ~I. W Turner, representin~ ~r W B Carter, President of the Virginia Heights and Raleigh Court Civic League, appeared before Council to register a protest against changing property at 326 Virginia Avenue from Special Residence District to Business District, as p~itioned by ~r. L. M. Thornsbury. _ . ::~r. Turner that the question would not The Vice-President, Mr Comer, advised be considered at this meeting, Council havir~- agreed, at the request of Mr. Tho~ns- bury, to carry the matter over until the next regular meeting of Council on Friday, November l, 1935. REFUNDS ~D REBATES-ERRONEOUS ASSESo~:~TS. M~ Hugh M. Mooma~ and ~&r J. T Engleby, Jr., Attorneys, appeared before Co,,ncil in the interest of clients, alleg- ing that assessment on real estate had been erroneously made against three houses, whereas there are only two houses on the property at the present time, nor has there ever been more than t~o houses on the property at the time the 1930 assessment was made o The question is 'referred to the City Manager for verification by checking with the Commissioner of Revenue's office, and if found correct to confer with the City Clerk to prepare the necessary Resolution for presentation to Council at the next regular meeting on November 1, 1.9~. RE~DS .gilD REBATES: Mr. M. J. Scruggs, Delinquent Tax Collector, appeared be- fore Council in the interest of having refund made to the Continental 0il Company, amounting to $9.97, cove=ing acc,,~ulated interest on taxes erroneously assessed prior to the Company, s ownership of the property, the Company having paid the full amount of taxes and interest. 493 434 The question ia referred to the City Clerk for verification, and if found torte to prepare the necessary Resolution for presen~ tion at its next regular meeting. ERA RELIEF WOREEBS: J. Q. Sparks, !National representative of the ~'orkers' quested a public hearing for relief laborers 'laid down by City Manager H-nter in refusing local representative, and H. Bernstein, Alliance, appeared before Council and re- in the form of an appeal of the decis~c striking relief workers to continue on city projects after their refusal to work under Foreman Ti. G. Tinsley. The Vice-President, Mr. Comer, suggested that the question be taken under consideration for conference with the City Manager at a later date in order that ali facts might be gathered, but Messrs. Sparks and Bernstein renu ested that they have a definite answer at the earliest possible moment. On motion of Mr. Bear, Council recessed, after which the Vice-President stated Cotmcil has considered this matter, and has decided the body is without jurisdiction and ~'ill therefore have to sustain the action of the City !.lanager, tar in his hands. PETITIOES J=ND C0~2.,TUNICATIONS: POLICE-FOR W. H. HORTON: A communication fr~m W. H. Horton asking that Jim Downs be appointed a S~ecial Policeman for a period of four months for duty at the new Kroger %¥arehouse being built on his property, was before Council, gar reccmmendin~ that the appointment be made. Mr. Powell moved that Council concur in the recommendation of the City Manager and leave the mat- ~t and that Jim Downs be appointed as Special Policeman Company's new warehouse for a period of four months. Mr. lJinn, and unanimously adopted. for duty at the Kroger Grocery The motion was seconded by ~as before Council. The request is referred to the City Manager for investigation, report and re c onmnen da t i on. UNITED STATES CONFEREI~CE OF ~,LAYORS: A communication from Mr. Paul V. Betters, Executive Director of the United States Conference of Mayors, extending to the Mayor and all members of Council a cordial invitation to attend the Annual ConferenCe to be held in Washington, D. C., on November 18-20, 1935, was read. All members of Council are requested to take notice, and the communication filed. PARK-O-METERS: A communication from the Dual Parking Meter Company, 0klahoma City, with reference to Park-O-Meters was before Council. On motion of ~.~.~r. Bear, seconded by ~. Po~ell, the question is referred to the Various Civic Organizations of the City, i~cluding the me~chants' association, to see ~hat their reaction might be toward the matter, with further directions that th, City Manager obtain such information as he can for further consideration. LOSS AND D .AMAGE TO PROPERTY: A communication from J. W. Boswell, Jr., Presid~ of the Boswell Realty Company, complaining of loss and damage to vacant property, and asking that a committee from ~ouncil be appointed to meet with a 'committee of Real Estate men to work out ways and means of combating the condition complained of A committee composed of Messrs. Winn and Hunter to meet with the committee named by Mr. Boswell is hereby appointed. CROSS-OVER: A communication from R. E. Thurman making application for permit to construct a concrete cross-over to accommodate property at 1905 Dale Avenue S.E., the City Mama- ZONING: A communication from Earl G. Bradshaw, 1505 - 10th Street Extension, asking that Council hold a public hearing for changing his property from Residence to Business District which request the Board of Zoning Appeals has recommended be denied, was before Council. The matter is laid over until next regular meeting of Council. CITY ~MPLOYEES-DEATH: A communication from Jokm D. Copenhaver, and Norrell, Jr., Attorney, advising of the death of James Thomas Thompson, employee, at approximately 2:30 o'clock p. m., on October 10, 1935, was Council. The communication is filed. Lawson a City before COAL MERCHANTS: A communication from C. H. Brady, Coke Company, complaining of certain re, ail merchants The complaint is referred to the City Manager License Inspector to investigate the matter. of the Brady-Harlan Coal & "bootlegging" coal in bags. with request that he direct the MOTHERS' AID: A communication from W. L. Painter, Acting Director of the Mothers' Aid Bureau, advising that the two cases designated by the City of Roanoke have been accepted. The communication is filed. C0~PENSATION BOARD: A copy of communication from the Compensation Board to R. S. Smith, Commonv~ealth Attorney, advising that the State would not participate in the salary of an Assistant Attorney to the Commonwealth after October 10, 19~0, was before Council. The communication is filed. REPORT OF 0FFIC'ERS: REPORT 0F THE CITY ~LANAGER: The City ~ianager submitted reports of work ac- complished and expenditures for weeks ending October ~rd, 10th, and l~th, 19J~. The same are filed. CROSS-OVER: The City M~_nager submitted report and recommendation on application of Arthur-Harris ~otor Company for cross-over to accommodate property at ~00 Luck Avenue, recommending the premit be granted. .Mr. Win~ moved the recommendation of the City Manager be concurred in, and offered the following resolution. (#AS&2) A RESOLUTION granting a permit to the Arthur Harris Motor Company, Inc., to construct a certain cross-over. BE IT RESOLVED by the Council of the City of Roanoke that a permit be, and is hereby grahted the Arthur Harris Motor Company, Inc., to construct a cross-over at No. A00 Luck Avenue, ;~est, to accommodate garage. Said cross-over to be constructed according to the good liking and saris fac- ~ tion of the City Manager and under specifications to be furnished by him. ~' The said Arthur Harris Motor Compan~v, Inc., by acting u_n_der this resolution agrees to indem~, ify and save harmless the City of Roanoke frc~a all claims for dama- ges to persons or property by reason of the construction and maintenance of said cross-over. Mr. ~'Jinn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Powell,W~nn, and the Vice-President ?~r. Comer --4. NAYS: None ---0. ( The President, ~Lr. Small, absent). 435 436 STREET LIGHTS: The City M,nager recommends the installation of one 100 C. P. !street light at Shenandoah Avenue and 22nd Street N. W. Mr. Bear moved that Council concur in the recommendation of the City Manager, ~and offered the following resolution: i (~464~) A RESOLUTION to install a certain street light. BE IT RESOLVED by the Council of the City of Roanoke that the Appalachian Elec- ~tric Power Company be, and it is hereby directed to install a 100 C. P.' street lighl at Shenandoah Avenue and 22nd Street Said light to be maintained under the contract existing between the Appalachian Electric Power Company and the City of Roanoke. Mr. Bear moved the adoption of the resolution· The motion was seconded by Mr. Winn, and adopted by the following vote: AYES: R. iessrs. Bear, Powell, ~jinn, and the Vice-President Mr. Comer --4. NAYS: None ...... 0. .~EPOHT OF C~2TTEES: None. UNFINISHED BUSINESS: SE~,~R ASSESS'..,~T: The question of remitting interest on Sewer Assessment for Lot 6, Section 5, H. F. & H. Addition as requested by Mr. Ja_mes P. Hart, heretofore before Council and referred to the City Clerk for investigation, was again before the body, the Clerk reporting notice of the assessment was never served on the pro!~erty owner, and that Mr. Hart had advised his client was ready and willing to pay the assessment, but would not agree to pay ~he accumulated interest. On motion of Y.~r. Bear, seconded by Mr. Powell and unanimously adopted, the City Clerk is authorized to settle the question by accepting the payment for sewer assess merit, and remit the interest if necessary, and to prepare the l~oper resolution for final adoption by Council. CONSIDERATION OF CLAI?'dS: None. INTRCDUCTION fd'.ID CONSIDE~iTION OF ORDINANCES AND RESOLUTIONS: T~.KPHONE FP~iNCHISE: The following Ordinance ~4633 providing for a new telephone franchise, having previously been before Council, read and laid over, was again presented, i,~. ',';inn offering same for its second reading: (#4633) .~I 0F, DINAi~CE granting a franchise to its successors and assigns, to use the streets and ot~er public places of the City of Roanoke, Vi rginia, for its poles, wires, conduits, cables and fixtures. ( For full text of Ordinance see Ordinance Book No. 8, .page ~ . .). Mr. ~inn .moved the adoption of the Ordinance. The motion v~as seconded by Mr. Powell and adopted by the following vote: AYES: Messrs. Bear, Pomell, Winn, and the Vice-President Mr. Comer --4. NAYs. None ........ 0 MOTIONS AND MISCELLANEOUS BUSINESS: BRIDGES-FRAi*KLIN ROAD: The City Manager reported be had been in communication with ~, A. i.[. Traugott, Chief Engineer of the Virginian Railway Company, who had advised tentative plans providing for the suggested changes of Franklin Road Bridge over the Virginian Railway Company tracks wo~ld be transmitted to the Oity the first of the co~ng week, the City Manager suggesting that as soon as same is received that Council hold a special meeting for final adoption, after which he would meet Mr. Traugott .in Richmond for a conference with Mr. Shirley for approval of the layou' was It was unanimously agreed that this would be done. WEIG~AaTER: At the request of Mr. '~inn, the City Manager reported a weighmast ~r used by the Roanoke Coal Company in the weighing of the coal for the City schoo Ls 19 days, for which the company paid $5.00 per day, or a total of $5?.00 and that 381 loads were weighed for which the City Weighmaster would have received $95.25 i had the coal been weighed over the City scales as per specifications of the contract. The qu,est[,n is referred to ~Lr. Winn and Mr. Hunter for conference with the ' Company Roanoke Coal/authorities to clarify the agreement reached with Council, with a view of having the City reimbursed for the amount of weighmaster,s fees. BRIDGES-~iASENA: The City Manager reported he had been advised by Col. J. A. Anderson, Acting State Director, that funds for the building of 'Jasena Bridge under Federal grant could not be included as a project. INCINERATOH: A com~unication from Col. J. A. Anderson, advising_.' there was a possibility of extending the time for letting contract for an Incinerator from November 15th to December 15th, but that his Mr. Richie had been advised by the Mayor that there was not sufficient time to place before the freeholders the question of a bond issue covering the cost was before Council. The co~unication is filed. LIBRARY: A communication from Mr. Geo. S. Shackelford, Jr., President of the Roanoke i-~ublic Library, v~ith reference to an appropriation for insurance On the library, the City ldanager advising that 1,1r. Shackelford expected to be before Council for an explanation of the question. The communication is laid over for consideration at a later date. There being no further business, Council adjourned subject to call for a Special Meeting as soon as plans for the Franklin Road Bridge have been received. APPROVED President 438 COUNCIL, REG~ MEETING Friday, November, 1, 193~ The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the i,iunicipal Building, Friday, November' 1, 1935, at 2:30 o,clock p. m., th, early meeting hour being called for consideration and discussion of tentative plans for a new bridge over the Virginian Railway tracks at Franklin Road. PRESF~T: Messrs. Bear, Comer, Powell, and the President !~.~r. Small --4. ABSENT: Mr. Winn ...... 1. The President, Mr. Small, presiding. OFFICERS t'ttESEh~: Mr. W. P. Hunter, City Manager. BRIDGE-FRA~GLLIN ROAD: The City ~.~anager presented tentative plans for the over- head bridge at Franklin Road over the Virginian Railw~ay tracks, as transmitted by L~r. ~. Li. Traugott, Chief Engineer of the Virginian Railway, and advised that the plans had been checked ~ himself and ~,~r. Watkins, the City Engineer, and that all corrections, changes, and inclusions as suggested by Council at a previous meeting were now shovJn on the tentative plans and now provide for a neat appearing structur~ In a discussion of the question and best procedure to follow in expediting the progress of the project, the l~resident, Mr. Smal 1, offered the folloEing Resolution (#464&) A R~o0L~I~N approving tentative plans for overhead bridge at Franklin Road over the Virginian Railway tracks, as shown by Virginian "General Layout" dated d~ctober 24, 1935. ( For full text of Resolution see Ordinance Book No. 8, page 353_). Mr. Small moved the adoption of the Resolution. The motion was seconded by Mr. ?owell, and adopted by the follov~ing vote: ~,..r. Small --4 AYES: Messrs. Bear, Comer, Powell, and the President '~ . NAYS*. I~!one ..... O. ( Mr. Winn absent). ,.~I!,.~f~S. It apoearing that a copy of the minutes of the previous meeting havin been furnished each member of Council, upon motion of !~r. Comer, seconded by Mr. Po~ell, the reading is dispensed v~ith, and the minutes approved as recorded. B_'~NG OF CITIZENS UPON PUBLIC ?~ATTF~RS: ZONING: L~r. Raye 0. Lawson, Attorney, appeared before Council in the interest of ~,~r. Earl G. Bradsha~, who has submitted written request for hearing on changing his property on 10th Street ~xtension from Residence to Business property. Mr. Lawson was told the Question was on file for consideration in the regular order of business during the meeting. On motion of ~L.r. Bear, seconded by ~ir. Comer, the hearing is set for 2:30 o'clock p. m., November 2.2, 1935. P~HDS ~blD REBATES-EPuRONEOUS ASSESSL~I~T: Mr. Hugh ~. Moomaw, Attorney, again appeared before Council in the interest of an alleged erroneous assessment on property between 12th and 12~ Streets, previously referred to the City Manager for investigation and report. The City Manager reported the matter has been investigated, and that he has also discussed the question with the City Attorney as to the proper procedure in clearing up the matter, and it was the opinion that the applicant should handle the to expedite the ~etter, both as to time end ex~ense. After e lengthy discussion of the question, at the matter is referred to the City Attorney end the with I..~r. ~oomaw, end if found correct and proper to bring in the for release et the next meeting; of Council. zONING: ~r. ~'. B. Center, amd Mr. L. ~I. Thornsbu~y appeared the suggestion o£ ~. Comer, Engineering Department to confe~ proper Resolution before Council in connection v~th chan~ing property at 525 Virginia Avenue from Special ~esidence District to Business District, Mr. Thornsbury askin~ that the ~uestion be carried over. The City Cler~ is directed to r~nove the subject from his active file. BUILDINCS: ~r. D. J. ~hipps a~peared before Council as~in~ for special per,it to n~ke re~airs to property located on the north side of Elm Avenue ~nd Bud Street,. the s~me having been denied him by the Buildin~ Inspector as a result of the prot~ rty beir~S located in a restricted fire zone. _~r. Phipps advised ~or~ had been started et the location, end there was no objection to adjoinin~ ~roperty City Manager Hunter advised the question has been investigated and that the improvements contemplated would i~prove the situation as now exist, and reco~ends the special permit be ~rented. On motion of.~r. Be~r, seconded by ~,~. Po~ell, it is unanimously a~reed that a special permit be granted ~ir. Phipps for rep ~airs to the property in question, contemplated on letters waiving any objection from adjoining property o~mers. z01!IhTG: ~ communication from Buford i-:eters and Percy Bo~anan asking that Lot Ho. gl, Section 5, located at the corner of ,..laDle 'Avenue and Franklin Road, be changed from Residental to Business p~)perty, was before Council. The communication is referred to the Board oi' Zoning Appeals for investigation, report and recommenda- ti on. GASOLINE STORAGE TANKS-CROSS-OVERS: A com~nunication from the Economy 0il Corn- · pany, Inc., requesting permit to install two one thousand gallon underground gasoline storage tanks, and two cross-overs on the east side of Grandin Road, Virginia Heights, was before Council. The asplication is referred to the City Manager for investigation and recommen- dation. CITY TREASURER: A report from the City Treasurer for the month of October, 193.4, repozt~ng total collections for the month of $52,146.73 as compared with ~52,989.07 for the same month of 1935, was read. The report is filed. SOD]~D-MAt~_tNG DEVICES-RADIO: A communication from the Chamber of Commerce lng that a joint meeting of merchants a~sociations and the Chamber of Commerce had been held, and asking that an ordinance regulating the use and oi~ration of radio devices be given no further consideration by Council at this time. The communica- tion is fi led. SIDEWALKS: A communication from the Chamber of Commerce with reference to a proposed ordinance providing for sweeping and keeping paved sidewalks clear of dirt and refuse and requiring the same to be deposited in containers, was before Council, the advice being that a meeting of merchants associations and the Chamber of Commerce had been held, and asking no further consideration be given at this time. The conm~unication is filed. advis- 439 440 CROSS-OVER: A communication from J. D. Hubbard, making application for permit to construct a cross-over to accommodate property at 8SO 1~. Campbell Avenue, was ~before Council, the City Manager recommending the permit be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager, 'and offered the following Resolution: (~4645} A RESOLUtiON granting a permit to J. D. Hubbard to construct a certain cros s-over. ( For full text of Resolution see Ordinance Book No. 8, page _~). · Mr. Bear moved thc adoption oi' the Hesolution. The motion was seconded by .Mr. Powell, and adot~.ted by ~he follov:ing vote: AYES: Messrs. Bear, Comer, Powell, and the President Mr. Small ---4. NAYS: None ...... 0. ROANOKE ~.<I.~, ~.,~.o~-~ C0~..~.Y: A~olication for per:~tt to open street as follows: 16th Street S. E., from Church Avenue to Tazewell Avenue S. E., for purpose of laying 2" water main, was before Council, Mr. Hunter reco~mnending that the permit be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the follov;ing hesolution: (#4647) A RESOLUTI0~ granting_ permit to the Roanoke Water Uorks Company to lay a certain water ~.ain. ( For full text of Resolution see 0rdin~nce Book No. 8, page 354.). 'Zr. Bear moved the adoption of the Resolution. The motion ~:as seconded by Mr. Powell and adopted by the following vote: AYE~: Messrs. Bear, Comer, Powell, and the President Mr. Small--4 .,~::o: None ...... O. REPOR~ OF OFFICERS: R~--0RT OF ~'~'"' '" '~ · ~ .i'~Y I~tANAGER: The City Manager submitted report of work done and expenditures for the m'eek ending October 24, 1935. The report is filed. IN~JP~.J. CE C. & P. TELEPHONE BUILDINg: The City Clerk reported that insurance policies on the old C. & P. Telephone Building recently purchased by the City amount lng to $15,000.00 has been filed with the First National Exchange Bank. The com- .munication and report are filed. CROSS-OVER: The City Manager reports that he has investigated the application of R. E. Thurman for pernLit to construct a concrete cross-over to accommodate resi- dential property at 1905 Dale Avenhe, and recommends that the permit be granted. Mr. Powell mo~ed that the recommendation of the City Manager be concurred in, and offered the following resolution: (~4646) A RESOLUTTON granting a permit to R. E. Thurman to construct a certain oros s-over. ( For full text of Resolution see Ordinance Book No. 8, page .555 ). '~. Powell moved the adoption of the Resolution. The motion was seconded by President I~r. Small --4. COAL DEALERS: The City Man~ger made the following written !to complaint of the Brady-Harlan Coal & Coke report with referenc Company of certain retail merchants "bootlegging" coal: Comer, and adopted by the following vote: AYES: ~essrs. Bear, Comer, Powell, and the NAYS: None ..... 0. 441 "Regarding the .1art. er f.r?.m Brady-Harlan Coal and Coke ¢onrpany giving a list of merchants sel~r~ oo~1 in ba~ lots who do not have coal deaiers license. The License Inspector has already notified these merchants that if they continue selling coal they will have to take out dealers license. "I have also furnished a list of these merchants to the Police Department to check to see if they are still selling coal, and if it is found they are doing so to have them summoned to Police Court." POLICE DEPART~iENT: Major C. E. Hackman, through the City Manager, report of the Police month Superintendent of Police, submitted Department and Police Court for the ending September 30, 1935. The report is filed. In this connection, the President, Mr. Small, stated that he felt the Police of work they Department deserved a vote of congratulation for the efficient piece did on Thursday night with the Alcoholic Beverage Control Inspectors in raiding "nip Joints',, and suggested that if the police can continue along this line they will not only help the State in getting the revenue intended, but will cut down on the bootlegging. The City Me~ager is directed to write the Superintendent of Police expressing Council's appreciation· ~I.'.~fSHOUSEL Report for the Almshouse for the month of October 1935, was before Council. The report is filed· TAXES-PERSONAL PROPERTY: Mr. Jas. A. Bear, presented to Council a tax ticket for the year 1935 in the name of C. C. Dupree, 163 Loudon Avenue, N. W., and asked that the City Clerk check same and report how the total amount of taxes compare with the year 19J~i. gI~,~ YJ~DS: A communication from Woods Brothers Coffee Company, with reference to an old automobile junk yard at 120 Third Street, S. E., was before Council· The Question is referred to the City Attorney for report as to the City's rights in preventing objectionable junk dumping on this and other properties. REPORTS OF C0~.AI~EES: None· b!NFINISHED BUSINESS: None. CONSIDERATION OF CLAE.,iS: None. INTRODUCTION 'AND C0z~IDERATION OF 0RD~IANCES AND RESOLUTIONS: REFDI~DS ~ND REBATES: The Question of refunding the Continental 0il Company for interest and penalties as requested by Mr. M. 3-. $cruggs, Delinquent Tax iCollector, ~:.as again before Council, the City Clerk advising the question has been investigated, and the facts as stated found to be correct, ~hereupon Mr. Bear offer- ed the following Resolution: (#46481 A RESOLUTION to refund the Continental 0il Company $9.9? covering in- terest and penalty on real estate taxes for the year 19~5. ( For full text of Resolution see Ordinance Book Ho. 8, page ~55 1. Mr. Bear moved the adoption of the Hesolution. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and the President kLr. Small --~. NAYS: None .... 0. SEWER f~D SIDEWi. I.K ASSESSI'~_ TS: The Question of refunding interest on se~er assessment for Lot 6, Section 5, R. F. & H. Addition, assessed by Attorney James P. Hart, was again before Council, Mr. Powell offering ~he following Hesolution: The motion was seconded by Mr. alleged tO have been improperly (#4649] A RESOLUTION to rem~it interest on Sewer Assessment for Lot , R. F. & H. Addition, standing in name of Charles Bear. ( For full text of Resolution see Ordinance Book No. 8, page 6, Section 442 nolds, lessors of the Municipal Mr. Powell moved the adoption of the Resolution. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, NAYS: None .... O. MOTIONS ~'d~D MISCELLANEOUS BUSINESS: AIRPORT: The City Manager reported that he Airport, tween November 5th and lOth. The motion was seconded by and the President Mr. Small --4. had been promised by Lemon and Rey- that back rent now due would be paid be- In a discussion of the question the President stated if the present operators want the Airport they should be given to understand they will have to pay the rent, whereupon Mr. Bear moved that the City Manager be directed to advise Lemon and Reynolds that the rent now in arrears must be paid by the 10th, as agreed, and that future rents must be paid in accordance with contract, or steps will be taken to The motion m'as seconded make other arrangenents for the operation of the Airport. by idr. Powell and unanimously adopted. JAPAN~SE BEETLES: The City Manager brought before Council another communicatioI from Mr. G. T. French, State Entomologist, with reference to Japanese Beetles, re- .porting on the number of beetles found in Roanoke during the past four years, and asking if Council will appropriate funds for the treatment of soil for the preven- tion of the beetle. The City Lianager is directed to advise Mr. French that the City Budget has been prepared, and that Council is not in a position to make any supplemental appropria- tion during the fiscal year, and suggest that he take the matter up with W~PA officia in ¥;ashington to ascertain if funds could not be allotted for this work. SALE OF PROPERTY: The City Manager brought before Council a request from Mr. F. ~.~. Hughson to ascertain if Council would be interested in disposing of property on Lynchburg Avenue, between Fourth and Sixth Streets N. E. On motion of 16r. Bear, seconded by Mr. Powell, the City Manager is dLrected to advise Mr. Hughson that the City is not interested in disposing of the property at this time. STREET LIGHTING: The City Manager brought before Council the question of the. City participating in the ~'mnual Christmas Street Lighting. He is authorized to make satisfactory arrangements, contingent upon the necessary number of participat- ing merchants, and to report back to Council. C&P T~EPHONE BUILDING: The President, Mr. Small, brought before Council the question of useage of the old C&P Telephone building, but the City Manager advised .there was no iw,nediate need for the building. It ~'~as the unanimous opinion of Coun- cil that the building might be rented on a short-~ime lease, if such an oppartunity should present itself. BARRO~'-PENN & COMPANY SUIT: The President, I&r. Small, presented to Council letter addressed to the City Manager.from Mr. W. P. Wiltsee, Chief Engineer, of the Norfolk and Western Railway Company, enclosing bill for $1,188.18, the City's propor tion of expense of Mr. Lee H. Williamson in connection with the Barrow-Penn & Compan~ suit against the City of Roanoke. In a discussion of the question Council was advised there were other expenses in connection ~ith the suit, such as attorney, s fees, witness fees, etc. IS The City Clerk is directed to submit statement of expenses at of Council, together with the proper resolution. BOND ISSUES: The President, Mr. Small, brought before Council refunding bonds during the coming in connection with the refunding, the next meeting the question of year, and read legal opinion specially prepared and advised that the report he was making was only a partial or tion to offer at a later date, the present report think about. There being no further business, Co:mcil APPROVED tentative one, and that he would have additional data and informa-. being something for council to adj our ned. ~ Pres& dent 443 444 COUNC IL Tuesday SPECIAL MEETING, November 5, 1935. The Council of the City of Roanoke met in Special Meeting in the Circuit Court Room, in the Municipal Building, Tuesday, November 5, 1935, at 2:00 o,clock p. m., for consideration and discussion of letter, together with tentative plans, fr~n the Chief F~tgineer of the Department of Highways to Mr. A. ;~:. Traugott, Chief Engineer, Virginian Railway Company, under date of November 4, 1935, with reference to tenta- tive plans for overhead bridge at Franklin Road over the Virginian Railway tracks. PREoF~T. Messrs Comer, Powell, and the President Mr. Small---3. ABSW~,~: Messrs. Bear and Winn .... 2. The President, ~:;r. Small, presiding. OFFICERS PRES~T: Mr. ;'/. i. Hunter, City Manager. BHiDGE-FR_~J~KLIi; ROAD: The President, Mr. Small, stated that the special meeting had been called as a result of copy of letter from Chief Engineer of the Department of Highways, under date of November 4, 1935, to Mr. Traugott, Chief Engineer of the Virginian Railv;ay, con, n. enting on tentative plans for overhead bridge to eliminate the Fra:~klin Road crossing over the Virginian Railway tracks. ¥;ith the approval of Council it is suggested that the City Manager and the City Engineer be requested to hold a conference with i..M. Traugott at the earliest practical moment, either in Roanoke or in !lorfolk, to review the tentative plans as submitted for the purpose of revising to meet the criticism~ of the Department of Highways, particularly with the thought in mind on the City's part of determining hm;, far we can fill on the south.e~d instead of concrete support spans within the contemplated property line, and also consider changing north side Spa_n_ "K" frGn concrete to steel, providing concrete floor, sidewalks, and hand rail. Also endeavor to reach understanding with the Virginian as to the additional span for future yard expansiom. It should also be understood that exception is to be taken to estimate of Department of highv;ays covering cost of this bridge reported by them at $450.00 per foot. This bridge will cost approximately ~300.00 per foot, or less. If plans can be revised to meet criticism of Highway Department, then joint conference by the City, Virginian, and the Highway Department should be arranged as promptly as possible for spproval of tentative plans, with the understanding the City L~anager will endeavor to york out necessary revisions an_d plans in time to con- fer with Council at its next regular session. There being no objection to this suggestion, it is the unanimous opinion of Council that the above procedure as above stated will be followed. : ERA W0~ ~.IEF: The City Manager brought to the attention of Council a commu- nication from Lir. Uilliam A. Smith, '~Jorks Progress Administrator of Virginia, with reference to new instructiona for ERA and 'a~PA '~'ork Relief. The President advised that he had been in conference wi~h Miss Tynes this morning, with reference to this subject, and had advised her to have representation at the next meeting of Council to explain the detailed plan, and that Council will indicate what its policy will be at that time. CITY CLERK: The City Clerk advised tlmt three "white collar" workers, pre- viously assigned to his office by ERA, had been withdrawn effective as of November 4, 1935, and without some additional assistance to supplement this curtailment of personnel, he would be very much handicapped in completing some of the special work now in progress. The City Clerk is directed to present a proper resolution providing for the temporary employment of one stenographer in his office at a salary of $60.00 per month. There being~ no further business, Council adjourned. APPROVED Pr es id ent ~ 445 446 GOUNCI L, REGULAR MEETING, Friday, November 8, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, Friday, Eovember 8, 1935, regular meetin{:; hour. at 5:00 o,clock p. m., the PRESffLT. IZessrs Bear, Comer, Powall, ;~'inn, and the President Mr Small ---5. ABS~T: None .... O. The President, l,:r. Small, presiding. OFFICERS ~'~o ;,~'T " _;~o~_: Mr. ,. P. Hunter, City Manager. ~.~.,..=.~: It appearing that a copy of the minutes of the previous meeting having been furnished each menber of Council, upon motion of Mr. Bear, seconded by l,~r. Powell, the reading is dispensed with, a~d the minutes approved as recorded. HEA3~ING OF CITIZEh'S UPON PUBLIC M~TTERS: ~ T "'"'~. TT'~ ."-' REF~,~o _~ND R£B~TES-ERRONEOUS ASSESS~,~MTS: ~Lr. Hugh M. i,.ioomaw, ~ttorney, again appeared before Council in the interest of a refund of taxes on Lot 17, and South fifteen feet of Lot 18, Section 6, R. J. Wright i,~ap, account of erroneous assessment advising he had conferred with the City ~ttorney with reference to the question, and Eas noYJ presenting draft of resolution mith the City Attorney's endorsement thereon. The question having previously been before Council on t~o occasions and discus- sed, L:r. Bear offered the following Resolution: (~4650~ A RESOLUTION authorizing a refund of taxes upon Lot 17, and South fiftee feet of Lot 18, Section 6, R. J. bright Map, on account of erroneous assessments thereof. ( For full text of Resolution see Ordinance Book i.!o. 8, page 356 ). Mr. Bear moved the adoption of the Resolution. The motion v~as seconded by Mr. Wi~m, and adopted by the following vote: AYES: ~iessrs. Bear, Comer, ~o~ell, ~Jinn, and the President M~". Small.--5. NAYS: None. Z01.ilNG: ELf. Ho~man Willis, Attorney for Neuhoff, Inc., appeared before Council in the interest of e=ecting a meat packing plant in the City limits on location bounded on the north by West Avenue and the Norfolk and Western Railway right-of-way on the west by 23rd Street, on the south by Patterson Avenue, and on the east by the 01d Boulevard, a part of re, hi'ch area is now classified in the Zoning Ordinance as Residence District. Idr. Willis presented petition asking that the Zoning Ordinance be amended to change the area in Question to Heavy Industrial District, and that a special permit be granted to permit erection of the meat packing plant, and in order to facilitate matters, asked that the usual procedure of referring the Question to the Board of Zoning Appeals be waived, and that the hearing be advertised for Novembe 25, 1935, at which time the said Board of Zonin~ Appeals might submit its report. After a discussion of the Question, e_~d a recess by Council, the President, Mr. Small, stated that Council had considered the request, and is disposed to co-operate to the extent of publishing the notice on Saturday, November 9th in order that the hearing might be held on the 25th, the applicant to bear the cost of the advertise- ment, and that proper resolution ~ould be adopted during t~ present meeting. n Contemplated upon favorable action of amending the Zoning Ordinance at the special meeting to be held on the 25th, Council will then take. up the question of adopting the necessary ordinance for closing the streets and alleys petitioned for, and the grantin~ of a special permit for the construction of the plant. Thereupon, Mr. Beer moved that the necessary advertisement be published on Saturday, November 9, 1935, in order that the fifteen days required time will have elapsed before November 25th, the date of the special meeting to be held at 2:30 o,clock p. m., in the Council Room, and that in the meantime the question be referred to the Board of Zoning Appeals for investigation, report and recc~m~endation, and that the Board be represented at the Special Meeting for the hearing. The motion was seconded by M.r. Powoll, and unanimously adopted. STREET AND ALLEY OPENING: Mr. W. T. Heath, 635 Murray Avenue S. E., appeared before Council and presented petition signed by property owners on Montrose Avenue and l-;',urray Avenue between $th and ?th Street, S. E., asking that alley in the rear of 624 Montrose Avenue, S. E., be opened. The petition is referred to the City Manager for investigation, and to report back to Council. LOSS A~ DAMAGE TO PROPERTY: ~tr. J. ~ "' . ,. Boswell, Jr., and 'Mr. ,. P Bowling, from the Real Estate Board, were before Council in th~ interest of report of Corn- mittee appointed by Council to investigate loss and damage of troperty by vandals. ~r. Winn, member of the Committee, reported that he and the City Manager met with the Committee from the Real Estate Board, end had visited a number of pieces of property which had been practically torn down, partly for the wood, .and partly for the fixtures, doors, etc., which evidence indicated were being sold, it being the consensus of opinion of the Committee that something should be done to relieve the present situation. L~. Hdnter advised that a younger officer had been assigned to this special work, hoping that this would give some relief, and concurred in the suggestion that an ~ amendment to the present ordinance proposing to cover the situation be adopted. The representatives of the Real Estate Board were asked to bring in draft of ordinance governing and regulating the conditions complained of, and that the City Clerk be directed to acquire copies of ordinsnces now in effect in Richmond, and other cities in the State. FI~'~.: I~~. E. B. Brown, acting ~'ea Administrator, and M. iss Bessie L. Woolfolk, Case Superviso~, together with Mrs. Russell Burnett, Director of the Social Service Bureau, appeared before Council in connectim with the transfer of employables from FERA to WPA projects, particularly with reference to new applic~Bts who have hereto- fore not been on FERA Relief, amd asked that Council advise its policy for the guidance of WPA administrators, as no new applications will be considered as eligible after November 1st for 'ifPA projects, even though temporary relief may be given to these people until November 30th. After a recess of Council, amd a conference with Mrs. Burnett, Mro Small, offered the following Resolutiou: the Presi dent, (~4651) A RESOLL~£ION with respect to employable ,m employed . ( For full text of Resolution see Ordinance Book No. 8, page 356 ). Mr. Small moved the adoption of the Resolution. The motiom was seconded by Mr. Bear, and adopted by the following vote: 447 448 AYES: Messrs. Bear, Comer, Powell, ~'inn, and the President M~. Small---5. NAYS: None .... 0. C~ENSATION-CLERK OF THE COURTS-CITY SERGEANT: Mr. R. J. ~atson, Clerk of the ~Courts, and Mr. H. E. Mayhew, City Sergeant, appeared before Council and submitted schedule of salaries and expenses for transmittal to the Compemsatio~ Board in i Ric hmond. After a brief discussion of the submission, Council recessed, after which the President, .~.~r. Small, stated Council had discussed the question of salaries with the Clerk of the Courts and the City Sergeant, oBd that schedules would be presented at the next meeting_-, of Council, for final action. PETITIONS AND COM~UNICAi~IONS: STREET LIGHT: k petition signed by residents of Welton Avenue, Wasena, asking fo£ street light at the corner of Welton Avenue and 6th Street, was before Council. The petition is referred to the City ~anager for investigation, report and rec ~n enda~t on. Z0~.IING: A report from the Board of Zoning Appeals with reference to request of Buford Peters and Percy Bov,~an ~o a~end zoning ordinance for Lot 21, Section 5, corner l.:aple Avenue and Franklin Road, from Special Residence to Business District, recommendin~ that the request be denied, was before Council. :.Lt. Comer moved that Council concur in the reco~endation of the Board of Zoning Appeals, and that the request be denied. The motion r. as seconded by ~. Powell, and unanimously adopted. Z0i'~NG: A report from the Board of Zoning Appeals with reference to request of ~Lr. J. T. Eanes and Ldr. J. B. Fishburn to amend Zoning Ordinance for property locat- ed between York Avenue and the Norfolk ~nd Western Belt Line, Yjasena Addition, from residental to business district, recommending the request be denied, was before Council. On motion of i,:r. Comer, seconded by i.?_r. Powell, the report and recommendation of the Board of Zonin~g Appeals is concurred in, and the City Clerk is directed to transmit copy of the report to i~iessrs. Eanes and Fishburn. CROSS-0V~R: A communication from L~. M. F. Clearon making application for penmit to construc~ 4 cross-overs to accormmodate property at the S. E. Corner of 8~ Street ~d Campbell Avenue S. E., was before Council, the City Manager reccm~mending the permit be granted. l.~r. Winn ~o~ed that Council concur in the recommendation of the City Manager, and offered the following Resolution. (#4652) A RESOLU'~TON granting a permit to 5~. F. Cleaton to construct certain cross -overs. ( For full text of Resolution see Ordinance Book No. 8, page 35?). Mr. Winn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the follo%-~g vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President ~ir. Small --5. I~AYS. None .... 0. REPORT OF OFFICERS: REPORT OF THE C_rTy MA~.iAGER: The City !.:anager submitted report of work accozrplis~ ed and expenditures for the ~eek ending October 31, 1935. :~ The report is filed. GASOLINE STORAGE TANK_S-CROSS-OVER: rec c~mnendation stall gasoline 0tterview Avenue, be granted. The City .Manager submitted report and that application of the Economy 0il Company, Inc., for permit to in- storage tanks, and cross-overs on the East side of Grandin Road and Mr. Winn moved that Council concur in the recommendation and offered the follo~ ng resolution: GASOLINE STGHAGE TANKS: (~45551 A RESOLU'I~0N granting a permit to the Economy 0il Company, install certain storage tanks. ( For full text of Resolution see Ordinance Book No. 8, page 557 ). Mr. Winn moved the adoption of the Resolution. Bear, and adopted by the following vote: AYES: !dessrs. Bear, Comer, NAYS: None ..... 0. CROSS-OVERS: of the City ~anager, Inc., to The mot ion was seconded by Mr. t~owell, Winn, and the President L~. Small --5. (~4654) A RESOLUTION granting a permit to Economy 0il Company, Inc., to con- struct certain cross-overs. ( For full text of Resolution see Ordinance Book No. 8, page 358). ~r. Winn moved the adoption of the Resolution. The motion was seconded by ~.r. Bear, and adopted by the following vote: AYES: Mess_'s. Bear, Comer, Po;,:ell, ,Jinn, and the President Mr. Sss. 11 --5. NAYS: None ..... 0. COMJ~IS$IONER.0F R~-~;~tUE: Report of the Commissioner of Revenue for the month of October 193~, showing total license to date amounting to $37 ,354 .74 , as compared with $24,615.44 for the sa__me_~ period last year, was before Council. The report is fi led. REPORT OF COMI.~[KTTEE$: WEIGHMASTER-SCH00L COAL: Mr. Winn, member of committee appointed from Council ~o investigate the weighing of coal purchased for the Roanoke schools, reported the :ommittee had not as yet contacted authorities of the Roanoke Coal Company. The committee is continued, i;ir. ;;inn to make the contact and report to Council ~t its next meeting on Friday, November 15, 1935. UNFINISHED BUSINESS: LIBRARY: The City Clerk reported he had been in conference with the President of the Library Board, and that all insurance policies held by th~ Library for con- tents had been turned over to h~, and the same ~ould be transferred to the City of Roanoke, and that it was not necessary at this time to make any additional appropria- tion for new policies, as the same. are not due until March 1936. The report is filed. CONSIDERATION OF CLAI~B: None. INTRODUCTION ~_ND CONSIDERATION OF 0RDiNA~JCES -~?D RESOLU~iONS: Sb~KT-BARROW-PF~NN & CC~.,!PANY: The question of Resolution authorizing payment of .~xpenses incident to suit of Barrow-Penn & Company vs. the City of Roanoke, together vith bills covering same, ~as before Council, L~Lr. Bear offering the following ~{es olut i on: (~4655) A RESOLUTION authorizing payment ~nd appropriated funds for discharging e~enses incident to suit of Barrow-Penn & Comp_s~ny, versus the city of Roanoke, and Norfolk and ',iestern Railway Comic_ny. 449 450 For full text of Resolution see Ordinance Book No. 8, page 558 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~dr. Winn, and adopted by the followil~ vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President ~&r. Small ---5. NAYS: None ..... 0. RF~qDS AND REBATES: The questioa of duplicate payment of taxes on East ~ of "Lot 18, Block 1, Lewis Addition for the years 1933 and 1934 as made by 0. A. Palmer, was before Council, the City Clerk advising the matter has been investigated, and appears to be correct as stated, ' tion: whereupon Mr. Bear offered the following Resolu- (#46561 A RESOLUTION to refund 0. A. Palmer $92.00 representing duplicate pay- ~ment of taxes for the years 1933 and 1934. ( For full text of Resolution see Ordinance Book No. 8, page .359_ ). .DLr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. Comer, and adopted by the follo~Jing vote: AYES: ~iessrs. Bear, Comer, Po-~ell, Winn, and the ~resident Mr. Small --5. None ..... O. B~LDz.,~o. The question of granting a permit to D J. Phipps to make repairs to frame residence at 125 ~ '~' ~ Avenue, S. ,,., was before Council, IJir. Con~r offering the '~ n~ ,_~ llo~ving ~soluti sn: (#46571 A RZSOLL~i0i, i granting a permit to D. J. Phipps to z~ake repairs to frame residence at 125 ELm Avenue, S. 'J., located on the north side of Elm Avenue Second -Street ( For full text of Resolution see Ordinance Book No. 8, page ~59..). LLr. Comer moved the adoption of the resolution. The motion was seconded by Bear, and a~lopted by the following vote: AYES: l.Zessrs. Bear, Comer, Powell, and the President l,lr. S~all --5. H=YS: None ..... 0. ~dPL0~,:~T-~I~Y CLE~iK'S OFFICE: ~s per instructions previously given, the City Clerk presented Resolution providing for the employment of stenographer in his of- fice, which was offered b?.~ iLr. Bear, as follows: (~4658) A RESOLUTION authorizing temporary employmeat of stenographer in office of City Clerk, and making appropriation for payment therefor. ( For full text of Resolution see Ordinance Book No. 8, page ~60 ) . Bear moved the adoption of the Resolution. The motion v~as seconded by Mr. Powell, and adopted by the following vote: AYES: i~essrs. Bear, Comer, Powe]], -~inn, and the President klr. Small --5. NAYS: None ..... 0. MOTIONS ~ I~iISCELL~EOUS BUSINESS: JUT~.U~ YARDS: ~_u opinion from the City Attorney with reference to junk yard at 120-Third Street, S. E., as complained of by Woods Brothers Coffee Company, was before Council, not be declared a nuisance, and that Council would not be justified in taking ~'to restrain the o~ers and lessees frGn further operatzng their business The City Clerk is directed to transmit copy of the opinion to the Woods B~othe~ it being the opinion of the City Attorney that the business could steps Coffee Company. SELU~R AND SIDE~ALK ASSES~.~,ENTS: The City Clerk reports progress on work prepars'- t~Jry to sending out notice of sewer and sidewalk assessnents standing against property owners in the City of Roanoke, advising Council that approximately thirty-five hundred notices would be mailed out Just as soon as they could be gotten ready for mailing, amounting to approximately $75,000.00. He is advised by Council with the mailing. AIRPORT: The City Manager reported rent on the Airport has been paid and Lemon up to and including the month of November, 1935. to proceed .! by Reynolds BRIDGES-FKM.~.IN ROAD: The City Manager reported he had been in conference with Mr. A. M. Traugott, Chief Engineer of the Virginian Railway, on Tuesday night with reference to the Franklin Road Bridge, enid that ~dr. Traugott had promised to take the question under controversy up with the Virginian Railway officials, and then endeavor to make an appointment with the State Highway Department for a joint con- ference with City officials and the Railway Company. POLICE DEPAR~'T: The President, }.'r. Small, brought to the attention of Council and the City ~.~anager a recent controversy in Richmond over goal post at a football game, and suggested it ~aight be well for the Chief of Police to be given such instructions'to avoid a similar occurance here during the Thanksgiving Game. LICEHSE ORDINAt,~CES: The President, h~r. Sm~ll, brought before Council the ques- tion of me__kin~g some comparison of license tax ordinances for Roanoke ' ~ w~t:~ that of other cities, in so far as classifications are concerned, mentioning particularly that of Norfolk. The City Clerk is directed to turn over to the Commlssior~r of Revenue the License Ordinance booklet as issued by Norfolk, with the request that he furnish Council a comparative statement at the earliest possible moment, the City Clerk being directed to secure from Lynchburg, Norfolk and Richmond copies of their res- pective License Ordinances. There being no further business, Council adjourned. APPROVED · President 45]. 452 COUN¢IL, REGULAR MEETING, Friday, November 15, 19~. The Council of the City of Roanoke met Room, in the Municipal Building, Friday, November 15, the regular meeting hour. in regular meeting in the Circuit Court 1935, at 3:00 o,clock p. m., PRES~T: Messrs. Comer, t;owell, :,"inn, and the I:resident IAr. Small ---4. J~BSE~,~: Mr. Bear ..... 1. The l~resident, ,Mr. Small, t~esiding. OFFICERS PRESF~: Mr. W. P. Hunter, City ~anager. . ~:Ih~JTES: It appearing that a copy of the minutes of the previous meeting hav- ~ing been furnished each.~e~mher of Council, upon motion of Mr. Powell, seconded by iMr. Comer, the reading is dispeused with, and the minutes approved as recorded. RE&L F~TATE-LOSS AED DidLAGE: Messrs. George S. Via, I~;. P. Bowling and ~. W. Boswell, Jr., representing the Roanoke Real Estate Board, Inc., appeared before Council in the interest of draft of Ordinance submitted for the regulation e_~d gov- erning of loss and dan,_ge to property by vandals. :h~ President, iJr. Small, advised the delegation that Council had directed the City Clerk to obtain copies of similar ordinances that may be on t~ statute books of oth~r cities, with the hope that ~en the Ordinance is drafted it will meet the 'situation even better than the draft submitted by the Real Estate Board. The City Clerk is directed to forward copy of draft of Ordinance as submitted by the Real Estate Board to Judge Wl~ittle of the Juvenile Court for his comments and suggestions insofar as it refers to juveniles, and any other canments he ~ishes to D~ake with reference to the situatioa. I~__,~LI~ARY C01¥~ANIES-NAVAL C0~.~CATION RESERVE: Lieutenant Co~m~nder R. E. :Wilson, o~ the United States' Naval Reserve, together with Mr. A. D. Craig, Roanoke, Virginia, appeared before Council, and presented prepared statement v:ith reference to the organization of Unit FIVE, Second Section, Naval Communication Reserve, Fifth Naval District, in Roanoke, asking that the City of Roanoke provide quarters for the Unit until such time as Naval Reserve Appropriations are sufficient for the purpose· ~Jith the unan_~_mous consent of Council, the President, Mr. Small, advised Com- mander '~'ilson that as the City ~,lanager was familiar with the request, the _m~tter would be referred to him with authority to act, and that if ~Lr. Craig would confer wl Mr. Hunter, in due course he m~ght be able to furnish quarters that will take care of the requirements. ET.~CTRI~ C0_~RACTOR~: Mr Charles B. Satchwell, Attorney for Mr O. C Turner, .appea.red before Council and submitted prepared statement with reference to electric contractors, petitioning that the present electrical ordinance be repealed or that .th Sections 4 and 16 be amended. The President, .~r. S~ll, stated the Ordinance novJ in effect was enacted by Council with a vice of the promotion of public health and the general Eelfare, and the protection of the public frcm a safety standpoint, and as stated by the Attorney the petitioner, if he feels justified, has a right to appel! to the Courts, but with ~the unanimous consent of Council, the petition is referred to the City Attorney for · eport. PETITIONS AND C0~gUNICATIONS: D~IN~UENT TAXES: A communication from Mr. Jas. R. Terry, Manager of the Highland Company, Inc., with reference to delinquent taxes on part of lots 1 and 2, Section 50, Riverview Addition, was before Council, the Highland Company requesting proper resolution be adopted releasing., the delinquent taxes, ed erroneous assessment. ,~! The communication is referred to the Delinquent Tax Collector for investigatiom and correcting an alleg~ and report, and if found correct the City Clerk to draft the necessary resolution. ZONING: A communication frGn the Board of Zoning Appeals advising it would be unable to make report on changing certain property on Patterson Avenue from Residence to Heavy Industrial District, as petitioned by Neuhoff, Inc., until after hearing has been held on November 25, 1935. The City Clerk is directed to advise the Board of Zoning Appeals that Council is in accord with its plan of procedure. LEAGUE OF VII{GiI.IIA I~.iLH,IICIPj~LITIES: A communication from the League of Virginia Idunicipalities announcing a school for weights and measures officials in Richmond on Friday and Saturday, November 22nd end ~rd,1935, was before Council. The communication is referred to the City Manager for such action as he may deem proper. REFU~,DS M',iD REBATES: A communication from Judge John M. Hart, Commissioner of [~evenue, requesting refund of head tax for the Graybar Electric Company, erroneously assessed. The City Clerk is directed to refer the request back to the Commissioner of Revenue and ascertain if the assessment of ~75.00 for tangible property is correct. ROJd~0KE WATER :~0~[S C0IlPA~IY: A communication from the Roanoke Water ~:;orks Company making application to open 2nd Street, S. ",., north from Day Avenue, o..., for the purpose of laying 2" main to replace present ~ inch main, a distance of ~ 200 feet, the City Manager recommending the pernuit be granted. l~.Lr. Winn moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (#4659) A RESOLUTION granting permit to the Roanoke Water Works Compsay to lay a certain water retain. ( For full text of Resolution see Ordinance Book Mo. 8, page ~60 ). Mr. Winn moved the adoption of the resolution. Powell, and adopted by the follow~ng vote: The motion was seconded by Mr. AYES: Messrs. Comer, Powell, %'~'inn, and the lresident .Mr. Small ---4. NAYS: None .... 0. ( Mr. Bear absent ) REPORT OF OFFICERS: The City Msnager submitted report of work accompl'ished and expenditures for the week ending November 7, 1935, The repor~ is filed. STREET LIGHTS: The City Manager recommends that one 100 C. P. street light be installed at the intersection of Welton Avenue and 6th Street, Wasena, which request was previously referred to him for investigation a~d recommendation. ~', ~r. Powell moved that Council. concur in the recommendation of the City L~anager, and offered the following Resolution: (~4660~ A RESOLUTION to install a certain street ]j. ght. ( For full text of Resolution see Ordinance Book No. 8, page 361 ). 453 154 Mr. Powell moved the adoption of the Resolution. The motion was eeconded by ~inn, and adopted by the following vote: AYES: Messrs. Comer, Powell, Wlnn, _and the ;'resident, Mr..Small --4. NAYS: None ...... 0. BUIL.~INGS-C0!vLPLAINTS: The City ~ianager made the following report with ref itc petition signed by property owners in the 1400 block on Loudon Avenue, N.W: t "Regardin~ petition from property owners in the 1400 Block of Loudon Avenue, N. W., complaining that property known as 14~5 Loudon Avenue, constitutes a nuisance detrimental to the health and general welfare of the community in which it is located. I inspected this building with the Building Inspector and we did not find anything to be dangerous or any condition that the city can legally order the building repaired or raized under the authority granted in Section 14, of the Building Code." The City Clerk is directed to send the presented of the petition copy of the City l. Janager' s report. STREET ..~3 ~,1~h-~Y 0P.,..~.~I!,G. The City ~anager presented i.nap showing necessary land to be acquired for the openi~ of alley in the rear of 624 Liontrose Avenue, o. E., as petitioned by property owners on Idontrose and Murray Avenues between 6th ~and 7th Streets, advising ~.Jr. Forbes has asked the City $200.00 for strip fr~m his ~lot, a~ that no price has been reached for land from property belonging to ~.~r. Lavender. The matter is carried over for discussion at some later date. Report frGa the Health Department for the month of October, 1935, ~Jas submitted to Council. The report is filed. REPORT OF CC~,E,LITTEES: .... .~-~:'~ ~ ~' '~ . L Chair,~lan of Committee to confer v.~ith L:essrs. ~EIG~._.:,~:oT..R-~Cn00L C0~LL: ~Ir irm, Boxley and Bray with reference to weigh~ster's fee for weighing coal furnished the City schools, reported the conference had been held, and it vJas the understanding of the officers of the Hoanoke Coal Company that they would pay a man to ~Jeigh co~l over their scales in order to eliminate the haul from the City Scales, and that the ~uan so employed .had been paid $57.00 for his services, with no cost to the City, ~hereas had the coal been weighed over the City Scales, the cost to the City ~'Jould have been $95,25. Mr. Comer concurred in the reccm.~-endation of I..~r. V;inn that the ~t,~ ~'eigh~.aster be compensated for the difference of $~8.25. Thereupon ~,~. Winn o~fered the following Resolution: ~_66~) A RESOLUTIOM directing the City Auditor to draw warrant for $~8.~ in the n~ of ~org~ Cl~k, City Weig~asger, representing compensation of fees for coal f~nished the Ro~oke City Schools and weighed over the Roa~ke Coal C~pany' s scales. ( For ~ll te~ of Resolution see 0rdin~ce Book No. 8, ~ge ~6~ ~Mr. Winn moved the adoption of the Resolution. Comer, and adopted by the following vote: AYES: l~.iessrs. Comer, Powell,. ~'iinn, HAYS: None ..... 0. b~FINI~P: ED BUSINESS: None. . The motion was seconded by and the President ~4r. Sma_l__1 --~. CONSIDERATi0~i OF CLAI~,IS: None. Ih~RODUCTIOH DdID CONSIDERATION OF 0POINANC~ Ah~D RESOLU~IONo. C01.~...NSATI0_.~ BOARD-CITY SERG~ANT: Copy of letter from P&r. H. E. Liayhew, City to the Chairman of the Compensation Board, submitting schedule of salarte: Serge ~_n_ t, and expenses for his office for the calendar year 19~5, was before Council, it hav- ing been agreed that a joint recommendation in the form of a Resolution would be ~ submitted to the Compensation Board. An agre~a~.ertt having been previously reached, ~. Comer offered the following Resolution: (~45611 A RESOLb~ION making Joint rec~mendation to the Compensation Board for fixation of salaries and expenses in the office of the City Sergeant for the City of Roanoke. ( For full text of Resolution see Ordinance Book No. 8, page 361_ ~ _ _). Mr. Comer moved the adoption of the Resolution. The motion was seconded by Mr. Winn, and adopted by the following vote: AYES: Messrs. Come~, Powell, Winn, and the President, :~,~r. Sma 11 --4. NAYS: None .... O. CO~Pmi,~ION BOARD-CLERK OF THE COURTS: ~opy of letter from Mr. R. J Uatson, Clerk of the Courts, to tLe Chairman of the Compensation Board, subnitting schedule of salaries and expenses for his office for the calendar year 1935, was before Coun' cil, it having been agreed that a joint recommendation in the form of a Resolution ~ould be submitted ~o the Compensation Board. An agreement having been previously reached, Mr. Uirm offered the following Resolution: (~4662) A itESOLUTION making joint recommendation to the Compensation Board for fixation of salaries and expenses in the office of the Clerk of Courts for the City of Roanoke. ( For full text of Resolution see Ordinance Book ~o. 8, ~r~ge J62 ). ~dr. Uinn moved the adoption of the Resolution. The motion ~'~as seconded by l.!r. i~owell, and adopted by the following vote: ~YES: Messrs. Comer, l-~owell, Winn, and the President iJ.r. Small --4. N,v~. None .... O. !dOTIONS AI~ID I.[ISCk'U,L."~NEOUS BUSINESS: BRIDGES-FRA]5[LIN ROAD: The City Manager presented copy of letter from Mr. C. S. . .~:r. A. L: Traugott, }iu!len, Chief Engineer of the Department of Highways addressed ~o ~' . Chief Engineer of the Virginian RailEay ComtmnY, with reference to the proposed bridge over the Virginian Railway tracks at Franklin Road, and also letter from Mr. Traugott stating that his company is not vdllir~E to meet any part of a ~7,000.00 expense necessary to provide for six additional railway tracks, the City Manager advising that in c onferezzce with Mr. Tarugott he had stated his company would not agree to the building of the bridge unless it provided for the six additional tracks. After a discussion of the question and complications as no~ exist, it was the unanimous opinion of Council that s Special Meeting be held at 2:30 o'clock p. m., ~, on Monday, Hov~nber 18, 1935, for a further discussion of the question. GIRL SCOD~S: The City Manager advised that L~rs. R. B. Jennings had extended members of Council an invitation to visit the opening of their Club House at the City Farm for Dublic insl~ction on i'!ovember 19, 1~;50, between the hours of 3:~0 an.d!:. CITY J~IL: The City Manager advised Council that the appropriation for repairs to the City Jail was about to be overdraw~, amd that it would be necessary to have an additional appropriation to complete some painting now in progress, and recom- mended that Item ~/7, Assessment of Real Estate in the Budget be transferred to this account. The City Clerk is directed to confer vdth the City ~dsmager and prepare the necessary amendment to the Budget covering this change for consideration of Council at its next meeting. 455 456 PARKS AND !:~AYGROUNDS-GIFTS: The President, ~&r. Small, submitted to Council for its consideration the following communication from Messrs. Junius Blair Fishburt and Junius I~arker Flshburn offering as a gift to the City certain property to be ~used as a park and playground. "Nov~uber 14, 1935, ~Hon. Sydney F. Smal 1, I~iayor, ~, Roanoke, Virginia. ~Dear L~ayor Small: We have had a number of informal conversations with you relative to the possi- bility of the City's acquiring for park and playground purposes the Adams, Payne & Gleaves property on the $outhside of Hoanoke River between Jefferson Street and Franklin Road, 28 acres more or less, and the adjoining Crystal Spring Land Company Trol~erty of 3 acres more or less. ? We understand your personal viewpoint to be, first that you believe this property would be thoroughly desirable park and playground property from the City's viewpoint; second, that you do not believe it desirable or possible for the City to purchase this or any other park property in tl~e immediate future; third, that, how- ever, ~f this proper~y ~'~ere donated to the City for park ~nd play-ground purposes, the City would probably be pleased to have it; and fourth, that if the City acquired the property by gift, development of it as a park and playground could be begun im- nedlately ~'~'ith either City or Federal funds. For your information, we are enclosing the following papers which explain them- selves: (!) Map furnished by Ad_~_~s, Payne & Gleaves showing both their property and that proposed to be donated by the Crystal Spring Land Company. (2) Copy of letter from b. C. Stephe.~son, president of the Crystal Spring Land Com£any, dated Nov~nber 7, 19~5. (5) Copy of minutes of ~etinE of Board of Directors of the Crystal Spring Land Co:~l. eny dated l.~ov~mber 5, 19J5. (4) Copy of option of Adams, Payne & Gleaves, Inc., l~arker Fishburn, da~ed i,~ovember 9, 1935. to J. B. Fishburn and Juniu~ (5) Deed dated june 1, 1893 between I. H. Adams and Mary A. Ad~s and others and the Roanoke Brick Company. (6) Deed dated Kay $, 1908 bet~'een Adams Brothers-Payne Company and the Roanoke Brick Co~pany. (7) Deed dated june 29, 1908 between the Roanoke Brick Company and Adams, Payne & Gleaves, Inc. ~fe are ~illing to exercise the option from ~dams, Payne & Gleaves at a price of FiFTE~ THOUSJd~ ($15,000) DOLI~.',RS cash for their property and donate it to the City for park and playground purposes, subject to certain conditions enumerated below, and as the above menti~on~d papers indicate, the Crystal Spring Land Company is ~illing to donate its plot of land to the City, provided the City acquires by gift the ~dams, Payne & Gleaves property. If Council should express a desire to acquire this property by gift, ~Je would vJant to donate it in accordance with the following conditions: (1) The deed ~Jould contain provisions similar to those in the deed from J. B. Fishburn to the City of Roanoke covering the Wasena park. (2) The City ~ould immediately, with competent professional assistance, make farsighted and long time plans ~or the d~velopment ~f the property as a park and play-gtc und. (~) The City would begin work promptly and in a substantial ~nner on the ~,~elop~ent of this property for park and playground purposes. " (4] The City Attorney ~ou!d have titles examined ~nd proper deeds prepared from ~dams, Payne & Gleaves to Junius Blair Fishburn and Junius Parker Fishburn, and in turn from them to the City; and likemise a deed from the Crystal Spring- Land Company to the City. ~i (5) The o?ficial name of the property would be "The South Roanoke Park and l~layground,'' unless Council desired to suggest some othe~ name which in our judgment might be better. In our opinion, this property offers the very best, if not the only chance, for a park and playground of real size and usefulness to South Roanoke and to a large portion of the Southwest. As indicated on the map, this property has a considerable frontage on Franklin Road just south of th~Roanoke River Bridge and this would af- ford immediately an accessible and attractive entrance. It ought to be possible, end would certainly be desirable, to secure, later, attractive entrances from Jef- ferson Street and from McClanahan Place. ~ Ue hope very much that Council will be interested in acquiring this l~operty by~ gift, and we would like to have a prompt decision by Council on the matter. ( Signed ) Yours very sincerely, Junius Blair Fishburn, Junius Parker Fishburn," Ccmmentlng on the proposed gift, the president, Mr. Small, stated he was con- fident he was expressing the unanimous sentiment of Council when he says Council on behalf of the people of Roanoke feels grateful for these gentlemen, s interest in providing recreational and playground facilities in a section of the City that does not have any facilities of this kind at present, and feels confident Council will make every effort to provide for the development of the property as a park and! playground as promptly as it possibly can, and suggested that the letter be referre~ to the City Attorney with request he prepare an appropriate and adequate resolution~ of acceptance and appreciation; that a copy of the letter be furnished the City Manager promptly, with request he give it consideration, and be prepared to report to Council just as soon as possible what can be done for the development of the property; that the City Attorney be directed to prepare the necessary resolutions of transfer, exan~tnation of titles and drafting of deeds to the City as promptly as possible for acceptance on the part of the City at such time these gentlemen wish to make the transfer. Council was unanimous in their opinion that the above procedure should be followed. TR2~FIC: The President, l,~.r. Small, brought to the attention of Council, and the City Manager, the question of routinc of traffic for the Thanksgiving Football game at .,'.~.aher Field, particularly ~'~ith reference to prohibiting parking in certain areas. The City ~.[anager advised this would be worked out ~'~ith the Superintendent of Police. STREET ~,=-~,~,=..~,,~: The question of damage and improvement of property belong- ing to l..~rs. Sallie J. 7~ebber, 103l Cherry Street, Forest Park, was before Council, DIr. Hunter advisi~ that ldrs. Webber ~d asked that the side~alk be raised, drive- way filled ~d the yard re-sodded, the cost to be borne by the '~ . .~ty ~. Ui~m ~d the City i,~ager ~'~ere appointed as a committee to investigate this question with a viev~ of ~riving at some satisfactory agreement and settlement, and report to Council at its next meetly. There being no further business, Council adjourned until 2:30 o'clock p. m., l.~londay, November 18, 1935, for f~rther discussion of the bridge over the Virginian RailvJay tracks at Franklin Road. APPROVED 457 458 COUNGIL, SPECIAL MEETING, Monday, November 18, 1935. The Council of the City of Roanoke met in Special Meeting in the Circuit Court ~Room, in the Municipal Building, Monday, November '18, 1935, at 2:30 o,clock p. m., ipursuant to verbal notice given at the regular meeting of council on Friday, Novem- ber 15, 1935. PRES~.~: Messrs. Bear, Comer, Powell, Winn, ABS .~1~: None .... 0. and the President Mr. Small --5. The President, Mr. Small, pl~siding. OFFICERS Pi~.S~.~: Idr. W. P. Hunter, City Manager. BRIDGES-FRA~'[LIN ROAD: The President, Mr. Small, stated that the Special Mee~- ing of Council had been called to consider the question of elimination of Franklin Road c2ossing over the Virginian Railway Yard, and read draft of letter he proposed itransmitting tq L~r. Carl Bucholtz, President of the Virginian Railv.my Company, out- lining telephone conversation and _uroposal to the Virginian Rail;~ay as per authority vested in him at the last meeting of Council. ( See letter on file in office of City Clerk ) On motion of !;'Lt. ~jinn, seconded by !dr. Powell, the City Clerk is directed to transmit letter written by the President, ~dr. Small, to i..~.r. Bucholtz, President of the Virginian Railway Company. ~ojJ.0RIES: Communication from S. Gardner ~Jaller, Brigadier General, The Adjutant General of Virginia, with reference to proposed Armory in the City of Roanoke out of 'JP~i funds, was before Council, attention being celled to telegram transmitted to the D~djutant General under date of ~eptember 12, 1935, signifying Council,s approval to construct an armory under satisfactory terms. It was the unanimous opinion of Council that no further action should be .taken at this time, other than to call to the attention of General Ualler telegram of September !2th, and to ask that the City be given an opportunity to review plans be- fore the final adoption. On motion of i~Jr. Comer, duly seconded, the communication from the Adjutant General is referred to the City Attorney, directing his particular attention to paragraph ~3 of the letter as it relates to title of property, and that he anticipat the examination of same as promptly as possible, the City having gone on record as ibeing in favor of the location of sn Armory on ground now o~med'by the City, necessary for the erection of same. ~ ~..~oC~_2~L_~.,.~0US: After a recess by Council and a discussion of rotters in Execu- .tive Session, relative to ~A workers, Co~cil adjoined. APPROVED Presi dent C3 Lq'ICIL, REGULAR I~ETING, Friday, November 22, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the L~iunicipal Building, Friday, l;ovember 22, 1955, at 2:30 o,clock p. m., the early meeting hour being called for Public Hearing on the question of amending the Zoning Ordinance. i~o,.,~: l.iessrs. Bear, Comer, lowell, and the President, k:r. Small--4. · .B~_~.i. I&r. binn 1. The ~reside:~t, i.~. Small, presidir~g. "~'"~" .... 1') Hunter, Cit., Oz, hl~Ro Pi~d~i~IT: Mr. ,.. . ~ iLanager. ZONING: The i;resident, i,lr. Small, stated the early meeting hour of .Council had been called in accordance with advertiseL~.ent aoT~,earing in the Ro~oke "Uorld-~.~ews- p~suent to requirements of the Zoni~S 0rdin~ce, to consider request of i[r. Earl ]. Bradshaw on the question of a~ndi~ the Zoni~ Ordinance for lot !~o. 2232222, located on the east side of Tenth Street Extension, bet~veen Orayson ~=venue, ~.'~ ,., and the ~'~ li..~its, to change s~e ~rom General Residence ~o ~usiness District, and stated that '-'ouncil would be very glad ~o hear an,~one eizher ~'or or a?ainst the change. Ju:~ · · :,'~. .Lucas a-rJpeared_ stated he had not signed the pet~tzon presented by i:r. Eradshaw, but he would raise no objection if the petitioner would be recuired to file plans and specifications of his proposed fillims station which would be modern and a credit to the community. After a furoher~ discussion of ~'~h~o question, Lit. '~ ~ear moved the matter be re- ferred back to the Board of Zoning _Li:pea!s Ibr reconsideration of its former opinion that the request be denied, subject to the aDplican~ furnishing the Board of Zoning Ai:~peals plans and specifications of a ;~odern t~qoe filling station, ~¥ith further advice to the Board of' Zoning Appeals that pursuant to requirements of the Zoning Ordinance a hearin..2, has been held in accordance with advertisement duly published, and that no one has appeared to object to the proposal other than ~:r. Lucas con- templated upon tho erection of a modern type of filiins, station. The motion was seconded by i,~. Powell, and unanimously ado?ted. L~IiJL'~TES: It a!~pearin~ that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of ~. Bear, duly seconded by Powell, the reading is dispensed ~':ith, and the minutes approved as recorded. ~.~ECT~LIC u0~.~R~CTORo. D:r. Charles B. Satchwell, attorney for Z~r. ~. ~. Turner, Mi .".. appe~ed before Council in the interest of his client who had first prepared state- cent at the previous meeting of Council, and referred to the City Attorney ~'or report. Copy of the Cit~ Attorney,s opinion and rei~ort was referred to I~r. Satchv~ell for his information. PETiTI~..~.. ,, u~,.o ~D C01~2'~liCATI01,~S: JLq~'[ YARD: k communication from !.£r. Harold L'oods, General ifanager of Woods Brothers Coffee Company commenting on the City Attorney's report with reference to 459 [460 Jtmk yard located at 120 Third Street, 5. E., and protesting against the continuatic "of same, was before Council. After a discussion of the q~estion, the matter is laid over, for further con- ~sidera~ion at next meeting of Council, the City Clerk being directed to request the ~City Attorney to be present at that time. REFb~,'DS _~'ID~,~o.~o,,~'-')~ ~.~:~'. M. J. Scruggs, Delinquent Tax Collector, appeared be- 'fore Council and asked that interest on delinquent taxes erroneously assessed in }~'~e of Junior Calvin be De funded. After a discussiou oi' the question, at the suggestion of the President, Mr. ~S~ll, th~ Delinquent Tax Collector is directed to ascertain if the 1903 and 1934 taxes have been laid, smd, if so, to furnish Dhe City Clerk the necessary informs- ~ion for pr e?~rati on of the proper resolution for consideration of Council at its next meeting. B.,.~,a-~. ~--~,-'.? ..... ,-~ ~, .... ~:,.,-...n~.,..?,,~ I,I. J 5cruggs, Delinquent Tax Collector, a-:.geared before Council, askim% ~.=~ certain funds be transferred to his budget ap- l?ropriation for the present fiscal year to !~rmit the purchase of a typewriter. Lit ~cru~'ga is directed to confer ~?ith the '~'~'~' · -' · ~., Clerk and furnish necessary in- ~,'o'.'mation for drafti~z necessary muen~r, ents to the Budget ~rdzmance. ~:~=.~_~ t,~,~:iCano: i,lr. Everett . Cole, appeared before Council and presented letter of request from certain jewlery merchants in the City for the appointment of Zvere~t ,,. Cole a~m jessie Willis as Special Officers for the ?rotection of jewel=-- stores du.-inE the month of December, 1935 Cn motion of idr. Powell, seconded by ~dr. Bear, the reouest is referred to the City Llanager ~'..'itY. power to act. and com.uunication from the Co~.muissioner of Revenu, reference to assessment o;~ .p275.00 nde by the Graybar Electric Company for year 1935, was before Comic i!. The report is referred back to the Co~uissioner of Revenue with the request he advise if he thinks the assessment is proper, >articularly ~vith reference to the automobile assessed at .~75.00, and if this is accordinzj to the Blue Book. CROSS-0V~: A communication from T. H. Terrell, makin~ application for permit to construct a concrete cross-over to acconnnodate property at 557 Lynchburg Avenue I~. =' was before Council .'.., . The request is referred to the City Manager for investigation, rei~ort and rec omm~end a t ion. ~ R0~'-.N01iE ,,AT~._~ 0Pd~ COI,iP~NY: Application from the Roanoke ,at er Works Company for De~:~it to open Berkley avenue at a point £00 feet '~est of Chesterfield Street, Vest to Berkley Avenue, Virginia l~eights, for purpose of laying 2 inch main an ap- pro.c~ma~e ~istance of 350 feet, was before Council, the City Manager recommending th permit be granted. Mr. Powell moved that Council concur in the recmmnend~tion of the City Manager em_d offered the following reso!uZion: ~,~o~LUiiON granting per.m~t to the Roanoke Water Works Company to lay certain water main. ( For full text of Resolution see Ordinance Book I.Jo. 8, page 364). i...~ro Powell moved the adoption of the hesolution. The motion was seconded by Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and the }"resid~ent i~_r. Small--4. ~,.-_~S: None .... ( l~,r. ,:inn absent) R0f~0KE G;~ LIGHT COI~[~A~.~: A request from the Roanoke Gas Light Company for permit to open 24th Street, N " . ,,., from Moorman Road, South, to Shenandoah Avenue, between Curb and Sidewalk on Shenandoah Avenue from 24th Street, East, to Kroger Building, behind sidewalk on Southside, for purpose of laying a Z inch main, was before Council, the City Manager reconnuending the permit be granted. htr. Bear moved that Council concur in the recc~aendation of the City Llanager, and offered the follow, lng Resolution: (#4665) A RE30LUTION grantir~5 a permit to the Roanoke Gas Light Company to install a certain gas main. ( For full text of Resolution see Ordinance Book iio. 8, page 364 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Zr. }~owell, and adopted by the following vote: 461 .~: Kessrs. Bear, Comer, Powell, ~nd the t'resident, Lit. Sraa!l--4. N;FfS: None · ERA: A communication from Miss Margaret Woll, Assistant EPJ~ A~ministrator, Ricl~ond, Virginia, advising as to the policy or handlin~ employable unemployed in the City of Roanoke. The con~aunication is filed. STATE CORPOiL4TION COlZK'-~=~'~'' ' .~-.-.~.~:: - communication, together ¥;ith report, from the State Corporation Co~muission, as to gas tests made on July 23rd and 25th, 1935, of gas delivered by the Roanoke Gas Light Compen~y in the $ity oi' iqoanoke, ~:as before Council. The cmmuunication and report are filed. B~IL~I~.~o. A request for special peril, it to make repairs to buildin~ located at V24 - Third St.reet :S. b-., no~,'~ prohibited by Fire Zone regulations, together with letters of approval by adjoinirmj property owners, was before Council, the City L[anager advisir~ that plans and specifications of the repairs have been filed, and recm~m~endin~ Zhe permit be ~ranted. ~.ir. Bear moved that Council concur in the recca~aendation of the '~' ~zty i,:anager, and offered the followir47 Resolution: (~666) A ~ooLE.~±~N granting a ~er:,,z, to t:'. T. Trout to make repairs to frame residence at 724-3rd, Street '~ 5rd ~treet located on the Corner of Elm Avenue and ( For full text of Resolution see Ordinance Book No. 8, page LLr. Bear moved the adoption of the resolution. Comer, and adopted by Zhe following vote: YJ£ES: idessrs. Bear, Comer, i:owell, and the _~resident, N_;~£S: None ...... 0. 5e5 ). The ~ ~ mo~ion was seconded by ~,~r. S~ma 11--4. REPORT 0F OFFICERS: The ~'~ uz~y Manager submitted report of work accomplished and expendizures for week endin~ Hovember 14, 19~5. The report is filed.. noo=~.' The City l.ianager presented report as submitted by the City Fhysician showing list of City patients treated at the Roanoke Hospital for the month of October, 1~3~, showing patients treated 194 days .at a cost of ~08£.00. The re- o :~ort is fi led. INSTRUCTIVE VISITIi~G l~Ro~o ___S~CI~~_.~C~,: A communication from 51rs. ~. Allen 2irk, i:resident of the R~mnoke Instructive~Visiting Nurses Association, together ~ith report for the month of 0ctoner, 19~5, showing unpaid bills amounting to ~46.89, was before Council, the ~ssociation aavisin+~ it would be necessary for :ouncil to finance the ¥isiting Nurses or else relieve it entirely of the responsibili- 462 In this connection, the City Manager advised ~hat ~he question of decision f0~ a full time physician after January 1, 1936, should be decided, as it would take some .time to select, the physician, and ii' it was Council,s desire to assume respon- sibility for the Instructive Visiting: Nurses .~ssociation, this work should come und, r ~the supervision of the full-time City physician. The question of full-time physician, and the Instructive Visiting Nurses Asso- iciationwas length many angles, it finally being decided that discussed ~t ,qnt~ from the City Clerk be directed to acknowledge receipt of tho' letter signed by l,:~r~. Kirk and advise ~hat the ~udget ~'or her Association was increased on July 12, 1935 from $6,818.b0 to ~8,018.~0, and that prio.r to that time, on March 25, 1955, Council advised ~he Association it would not be responsible for any deficit which might be accrued prior to June B0, 19~5, the previous fiscal year, and the report indicates that although some reduction was necessarily made for the Budget for the current fiscal year, the Instructive Visiting i, lurses Association has not made any reduction in the staff in order to mo_~ nearly keep within the present Budget a'ppropriation, an2 Council therefore re~!uests the ~_ssociation to reduce its staff by two, effective December 1, 19JS, as ~k. ere seems to be no v~ay of livir~j within the a>propriation ~Jitnout a roduczion in the staff, as ~ne City is not in a losition at the present .time to increase ~,:e a~,propriation. ~_he ~lerk is direcDed to advise that Council -,'ill not be responsible for any indebtedness incurred during the fiscal year in excess of ,the a!.?ro!:riation already mede. .~ ~... Oz' ~v:.~_,x.~==~: llone. '~'z.~ ~:':"'';T'~'T ~' o~ ~ ~-.._*~.,, ~,~...o: ::one. Ii.~'.t~D~_-d.~ .~., ,~.:',ciDZRALi~'''u~': 0 ~,~'~:~,~'~-o 2~D.,~.,~P~":'~r~* r~-.mr,~,'e:~,,:~: ~' ' ~ :~'I-- 0 ~'~ ~' ~ k'~ ~ ~ ' ~ ~ ~ & ' ~ 0 : ~ resolution drafted by the City Attorney for the ac- cept~ce of land in Bouth Ro~oke offered by Messrs. Junius Blair Fishburn and p~pose s ~ius ~'arker Fishburn for ~k an~ playG~o~was before Council, anti dismssod, .i:,~rticularly with reference to the n~ing of the Park, ilr. 5e~r offeri~ the Resolu- ~tion which reads as follows: .~ ,~o.~u~.~ to accept from J~ius Blair Fishb~n and J~i~ Parker Fishburn the donation of a tract of l~d on the southside of Roa~ke River between '~efferaon S~ee~ and Frar~l~n ~oa~ eongeSn~n~ a~ acres, more o~ less, an~ ~he ~ona- '~ion of a ~rcel of land containi~ appro~tely 5 acres by the Crystal Spri~ ~d Gompany to be used by the City of ~oanoke for the pu~oses of a public park ~! aygr ound. ( For full te~ of Resolution see 0rdin~uce Book ~o. 8, page _56~ ~.). ~r. Bear moved ~h.e a~op~on of the He~olution. The mo~ion was seconded by Yowell, and sdox~ted by the follow~ vote: ~j AYES: }.{essrs. Bear, Comer, ~'owell, and the t:residen~, ~. Small--4. ~: LA~: 1lone -0. ;~ BL~OET-CI~Y JAIL: The question of tra~ferri~ certain funds for Repa~s to the City Jail having previously be~ before Co~cil, ~2r. Zo~ell offered the follow- inc emergency Ordinance: (F46o8" ~ ) ~,,"* u~,~,~,~~'~""=~ to anend and ree~ct Sections ,¢7, "Assessraent of Real Zstate":~ , and ~t64, "Cizy Jail", of an 0rdxnance adopted by the Council of the City ~.° ~oanohe, '~xr~L,~, on the 26th day of June 1955, w-5~7, and entitled, ~j Ordinance making appropriations for the fiscal year beginning July 1, 1955, and end-~ lng June 30, 1956." ( For full text of Ordinance see Ordinance Book No. 8, page 367 ). Mr. Powell moved the adoption of the Ordimnce. mhe motion was seconded by Comer, and adopted by the following vote: ~Y~: .,.essrs. Bear, Comer, ~ot;e!], ~nd the i'resident, i.:r. Small--4. i.rA¥S: i.lone ..... 0. F!LLII:.. ~~:.-~o-~','.~..~: .V.r. Bear brought before Uouncil the 'question of per- mits for fillin.,z, stations, suggestin~g these permits should be brought before Council i'or consideration, havin~ 'particular reference %o the station on the Corner of Franklin Eoad and ~econd .~treet, j. ,,., now under construction by i.,ir. :3. J. Fishburn, statinz he was some~,';hst disa',2Dointed that the curve had not been "deadened" more t!mn it has. i~.~u:._: L:r £ma~ ] brought before Council ~-~~ P. ADi~' C,J-:~,: e iresident, . _., ~he question of' liability and pro'~2erty da~mge insurance on !olice Radio cars. The City :.',la:racer stated he t';as not in favor oF 'l;l'~..-is jn~ .... ~,u~.nce, as it '~'~"~:,~ ,_.~ tendency of increasing~ accidents on t~e. ~,art of the o'oerators,_ and as the lar now stands the ,~'~ity is not responsible for such accidents as may occur. The City ..... ,.:anaoer was directed to discuss the subject ;:£th the City :~ttorney, ~nd re'z~ort back to ~ounc_! ROAD: k co:mnunication from ~.~r. Carl Bucholtz, }reszaent of :he Yirginian [~ailway Company, ~','ith reference to the Franklin Ra:d Bridge over the Vir- .E. inian Railv;ay tracks, was read before Council, the Vir.c''~'''~.'~an Pres-'zuen~ ~ taking e×cep-. tion to certain statements and understandings contained in a letter ~3reviousiy ad- .~ressed to him by the i.:ayor. The corzmunication was discussed at length, 2articularly ~'Jith reference to the projected s-pan for six additional tracks, and the cost of" _~ght-of-way, the City furnishing it&mized statement showinz this latter cost to be $13,450,00, ~!us 07,000 OO for the cost ...... ;' . ,~ a~aztional span, or a total of q~20,450.00. After a further discussion, in which it was unanimously agreed that the Virginian [a!lwav and the City of Roanoke should join in the construction of this bridge on a ~0/50 basis, or a total cost of ~10 ,250 .00 each, on motion of !.]r. Comer, seconded ~ i.ir Bear, and unanimously adopted, Council directed that the President, ~.~r. &mall, ,~ty i,lanager ~,. P. Hunter, and City Clerk L. D. Jm'aes, draft a reply to letter re- . :eived from ~,,lr. Bucholtz, itemizing in said letter the estimate cost of right-of-way, ~nd advise that the City of Roanoke %'~ll be willing to join in the expense of con- tructing the Frankiin Road Bridge on a 50/50 basis, an'd that if the cost to the tirginianshould exceed ~10,250.00, proceed' with the. Cit~ wi. il his should not be agreeable, ~he City is ~'ill~n~Z to 1.eave the ncreased span and also ri.ght-of-way for street improvemJnt to condemnation, and if question of cost of arbitration on the ~ual basis of each side to select one arbitrator, and the t~o thus choosen to select he third, whose decision shall be binding, and ask that the disposition of the ques- ion not be' ~'; ~' '" ,~.ermLtted to interfere ~';ith the preparation o~ detailed plans and such ther expedition as may be given in the interest of starting construction. TiL~F~Iu: The President, ~.r. ~.~mll, brought to the attention of the City Manager bhe question of one-way traffic om High Street between Jefferson and First Streets, suggesting that the traffic be routed west. The City i~mna~er will give the matter 463 464 consideration. There being no further business, Council adjourned until 2:30 o,clock p. m., !~ionday, November 25, 1935, for Special Meeting to consider question of amending Zoning Ordt~,mnce to permit construction of packing and slaughter house in the City of Roanoke, as petitioned by Neuhoff, Inc. APPROVED Pre s id ent COUNGI L, SPECIAL Monda y, Novemb er 25, 19 35 The Council of the City of Roanoke net in Special Meetln~ in the Circuit Court Room, in the [,~unicipal Building, i.~onday., Mov~'.~.ber 2b, 10~5, at g:30 o'clock p. m., pursuant to advertisement appearin~ in the ~oanoke "",Vorld-Ne~s,,, in accordance Zoni~: Ordinance, to consider the question of ~.~.ending said Crdinsa~ce to change property on i'atterson Avenue, bet,;~een the ~oulev~rd 2nd 23rd Street, from General Residence District to Heavy Industrial District, as petitioned by Neuhoff, Inc. kR~ao~, i.!essrs. Bear, Comer, l~o~';ell, ,,~m, and the Preside:~g, i'~3E~.rF: ~;one .... 0. The t-~resident, ¥.r. Small, presiding. ~o.=~..: Llr. ¥,. P. Hunter, Cit:~, iJanager. ..... '~ Th ~ ~.~u...!L.~: e President, [~r. Small, stated that the ~)~,eci-al Meeting of Co~cil had been called to consider application of iieuhoff Pacl.:in~: Com~an-~ I~c that the Zo~.~ 0rdin~nc~ b~ ~ended to ch~n~ cert~-~in areas located on ~atterson f~venue in the vici:~.ity of 2Zrd and ESth Otreets frG~ General Residence to Eeavy Industrial District, and that said ~,'~- ' ' - ~,~ 0rdznance be f~u'ther a~ndea to gr~t the applicant_ _ a permit for erection and o~era~zon_ of a pac~ plant =ma ~ ~ abbattoir. This hearir~:S ~:;as held in accor.i~uce uith -provisions of existing ordinance re- o~irin~z that due notice be given t.~ough advertisement in the ne~';spapers, and this neeti~S of Council had been fixed for determination of the cuestion in accordance i'.'ith existi~z~ ordi_~uances, .zthout prejudging the case in any-!~articular the Council desired to state, as a L'atter of -public record, ~.:~ tha co~tinued gxo~:th ant~ i:rcsloerity of this co~unity is inter'~:Joven with further industrial e;cloe~sion and ;'~shes to cooperate u, ithin the limits of its L, ou'ez~s to¥,'ards :~he accomplishment of this purpose. The erection and operation of such a plant in this vicinity seems clearly in the best interest of this community, not only in behalf of ti~ consumer of '~.roducts which such a plant will distribute but also from employment standpoint, and it ~ould be in the interest of cattle raisers in Southwest Virgi~Lia. :&ny industry that is beneficial to the South~Testern section of Virginia is of imi~.ortance to the City of iloanoke as the trade center of this sectio~u of the ~tate. Diversification of industry is essential to ~'Jell balanced development of this City. The Council of the Cit.y of Roanoke recogonizing these facts above outlined and .. realizing that future progress, grey,ch and development of this conm:unity is largely del~endent upon industrial expansion, not o~Lly, for the sake of increased emplo~aent, ,~ but for the direct benefit of the taxpayer from the s~ndpoint of ~unicipal operations and the cost thereof, has a sympathetic ' ~, _ ~ znt~est ~n the ~f£ort of this Com~oany to find a suitable location. On the other hand, v~e are not urn:~.indful of the rights and equity of home tax payers in the section immediately adjoining the location no:,': pro'Dosed. ;an appreciate and understand objections raised and the reasons th~refor. Council ~as reason to feel that this question can be best solved to the advantage of the .~omanunity as a '~Jhole if an alternate site can be found for the erection of such a ':.lant, and this solution a~'~pears both feasible and practicable. 466 The President, idr. Small, moved that the applicatto~ of the Neuhoff Packing !ompany, Inc., be denied without prejudice to the applicant, and with the purpose f ultimately finding a solutior~ that will be in the best interest of all concerned $ . i :2r. Hol~man :~illis, Attorney for Neuhoff, Inc., spoke briefly on behalf of his client and the establishment of the packing plan~ in Roanoke, calling attention to ~t ' ~ he benefits which tho City m~ght receive by being made one of the meat distributing centers of the country, ~Darticularly in view of Roanoke's close proximity to the Blue Grass and cattle raisirkq section, but that his client did not ~,ish to antagoniz ithe people of Roanoke by putting u3. the plant against their wishes, and assured Court cil t~hat shoL-ll another site be considered, before any action :';as taken, plans would be submitted to Council. The motion .~?.ade by the ~xes~.aent, ~,~'. S~.mll, ~.as seconded b~ :.".r, i'Finn, and u~kan~ ~;~ousl~, a/erred. In connection with this subj,sct, a resolution fro~'a the Board of Supervisors of ~'~.~v~'d County was road before Council and orderod i~led · ~ ' ~ djourned. There bein: no fu~'ti~er business, ,~o~tncil a k P P R 0 V E D COUNC~ L, REGULAR MEETING, Friday, November 29, 1935. The Council of the City of Roanoke Room, in the i~unicipal Building, Friday, the early meeting hour being called for met in regular meeting in the Circuit Court November 29, 1935, at 2:30 o'clock p. m., PRES~T: Messrs. Bear, · ABS~I~T: None .... 0. Comer, opening of bids for Telephone Franchise. Powell, ~4'inn, and the President Mr. Small --5. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. ~. P. Hunter, City Manager. TELEPHONE FRANCHISE: The President, ~dr. Small, stated the meeting of Council 2:30 o'clock had been called for the purpose of receiving bids for Telephone Franchise in accordance with advertisement appearing in the Roanoke World-News, said franchise to be granted under Ordinance ~4633. At this juncture Mr. L. M. Griffin, General Commercial Manager and Potomac Telephone Company, appeared and submitted bid of $500.00 for the propos- ed telephone franchise, together with his company's certified check for the full amount, and advised that if hi.s company was successful in obtaining the franchise, the necessary agreements w~ould be presented for consideration end signature at the time the Ordinance was before Council for its second reading and adoption. There being no other bids received, Mr. Comer moved the bid of The Chesapeake and I:otom~c Telephone Company of Virginia be accepted. The motion was seconded by ~,ir. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, 'Jinn, and the President Mr.' Small --5. NAYS: None ..... 0. MIh~0TES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of M~. ~'inn, seconded by Mr. Powell, the reading is dispensed with, and the minutes approved as recorded. MEARING OF CiTIZF~NS UPON PUBLIC MA~iTERS: CROSS-OVERS: .~Ir. Paul Buford, Attorney for the Standard 0il Company, appeared ~efore Council and presented petition requesting permit for cross-over to serve ~roperty located on Franklin Road, East of the Compsny's present filling station, ;he petitioner advising Council that the present building would be removed from the ~)ropert y. The City Manager advised he had investigated the request amd ~ranting the permit. M~r. Comer moved that Council concur in the recommendation of the City Manager, ~nd offered the following Resolution: (~4669) A RESOLUTION granting a permit to The Standard 0il Company of New Jersey to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, page ~367 ). ~gr. Comer moved the adoption of the Resolution. The motion was seconded by M~. ~ear and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President L!r. Small --5. NAYS: None .... 0. of the Chesapeake saw no objection for PETITIONS AND COMM~IICA~0NS: 467 468 INSTRUCTIVE AND VISITING NURSES ASS00IATION: Communication fr~m the Instructive Visiting lhad been Nurses Association advising that at a Special Meeting of the taken to dispense with the services of two nurses, effective i The City Clerk is directed to acknowledge receipt advise that later on, if the necessity arises, Council additional appropriation further consideration. [ DELINQU~--2~T TAX DEPAH~NT: A communication from Mr. M. J. Scruggs, Tax Collector, ? C. ii'. Agnor in Board action January let. of the communication, and to will give the question of Del inqu e nt requesting refund of $4.18 for 1928 Personal Property Tax paid by error, the same being a duplicate assessment, was before Council. Mr. Powell moved that the refund be made, and offered the following Resolution: (~4670) A RESOLUTION to refUnd C. W. Agnor $4.18 representing duplicate payment of t-ersonal Property Tax for year 19B8. ( For full text of Resolution see Ordinance Book No. 8, page ~). Mr. Powell moved the adoption of the ResoluUion. The motion was seconded by Mr. Bear, and adopted by the following vote: AY,ES: Messrs. Bear, Comer, Powell, Winn, and the Iresident, ~r. Small ---5. N~YS: None .... 0. ROANOICE WATER WORKS COMPM~Y: A communication from the Roanoke Ymter Works Company for per~...~.it to open 22nd Street, N. W., and Carroll Avenue, N. ;'i., for pur- pose of laying 2" main Horth in 22nd Street, from Mercer Avenue to Carroll Avenue, and East of 22nd Street on Carroll Avenue, a distance of 100 feet, was before CouncJ the City ~danager recommending that the permit be granted. Mr. Bear moved that Council concur in the recommendation of the City Idanager, and offered the following Resolution: (~4671) A .RESOLUTION granting pemit to the Roanoke Water Works Company to lay a certain water main. ( For full text of Resolution see Ordinance Book No. 8, page _368 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: i;.essrs. Bear, Comer, ?owell, Winn, and the 1-resident i.,~. Small --5. N~'fS: None ..... 0. VERA: A communication from ktr. William A. Smith, Administrator of the Virginia Eme=gency Relief Administration, with reference to grant of fUnds made by the Federal ~nergency Relief Administration, the closing of VERA relief offices and the transfer to ~PA program, the policies of dealing with employable unemployed who are not eligible for the work program, was before Council. The City Clerk is directed to acknowledge receipt of communication and advise ~tlmt the rruatter has been before Council, and that Council is ready and willing to .cooperate with the ~PA in the administrati~ve activities, and suggests that no 'definite action will be taken until the final policy is adopted by the administra- t ion. REPORT OF OFFICERS: REPORT OF THE CITY M~AGER: The City Manager presented report of work accomplish ~.ed and expenditures for week ending November El, 1935. ~ The report is filed. 1, C0~MISSIONER OF REVENUE-REfUND AND REBATES: Commissioner Company, was Report from Judge John M, Hart, of Revenue, with reference to assessment of the Graybar Electrio before Council, Mr. Winn offering the refund of Head Tax assessed against {~4672) A RESOLUTION to refund Head Tax for year 1995, erroneously assessed and collected. following Resolution covering the Graybar Electric C.ompany in error; the Graybar Electric Company $1.00 covering ( For full text of Resolution see Ordinance Book No. 8, page Mr. Winn I,oved the adoption of the Hesolution. Comer and adopted by the following vote: AYES: Messrs. The motion ¥;as seconded by Bear, Comer, Powell, Winn, and the President ~,~r. Small--5. NAYS: None .... 0. REPORTS OF C0~.&ITTEES: None. UNFINISHED BUSINESS: None. CONSIDERA~TON OF CLAIMS: None. I~RODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: BUDGET-DELINQUENT TAX DEPAR~,~T: The Delinquent Tax Collector having request- ed transfer of funds from salary of "Outside Collector" to "Furniture and Equipment" sufficient to enable him to purchase a typewriter, Mr. Bear offered the following emergency ordinance: (#4673) AN 0RD~JH~CE to amend and reenact Section #9, "Delinquent Tax Depart- ment'', of an ordinanc~ adopted by the Council of the City of Roanoke, Virginia, on the 28th day of June, 1935, ~4547, and ~titled, "An Ordinance making appropriations for the fiscal year beginning July l, 1935, and ending june 30, 1936", and to amend Ordinance ~458~, adopted by the Council of the City of Roanoke the 9th day of August ,- 1936. ( For full text of Ordinance see Ordinance Mr. Bear moved the adoption of the ordinance. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn and the President i~r. Small--5. Book Ho. 8, page 369 ). The motion was seconded by ~&r. NAYS: None .... 0. TELEPHON~ FR~dNCHISE: Bid of the Chesapeake and Potomac Telephone Company having been submi_tted ~nd accepted by Council earlier' during the meeting, Mr. Pop, ell of- first reading, fered the following ordinance for its and unanimously adopted: (~467~) AN ORDINANCE GRANTING A FRANCHISE TO TH~ CHESAP~ AND POTOMAC 2ELEPHONE COMPA~Y OF VIRGIHIA, ITS SUCC~SSOP~ A~D ASSIGNS, TO USE THE STREETS J~D ~hich motion was duly seconded OTHER PUBLIC PLACES OF THE CITY OF ROANOKE, VI~INIA, FOR :I~S POLES, WIRES, CON- DUITS, CABLES AND FIXTURES. BE IT ORDAINED BY Th~ COUNCIL OF '~ CITY OF ROANOKE, VIRGINIA, That THE :, ~HESAP~E AND POTOI'~AC TELEPH0~,~E COL~ANY 0F VIRGINIA, its successors and assigns, for a period of thirty (gO) years be, and is hereby authorized and empowered to construct, maintain and operate its posts, poles, conduits, manholes, ducts, cables, ~ires and all othe'~ necessary overhead and umTergromad app~2atus on, over, along, ~nder and through the streets, alleys, highways and other public places within the Limits of the City of Roanoke, State of Vf2ginia; and 1;o use the p~x~perty of other · .ompanies and permit other companies to use its property upon such arrangements as ~he two companies may agree; PROVIDED: 469 47O SECTION 1. That all poles erected by said company shell be neat and syn~netri- cai, and shall be so located as in no way to interfere with the safety or convenient of persons i'~places; and in the installation and m, intenance of its [Company shall not open or encumber more of any street, place traveling on or over the said streets, alleys, highvlays and other public ::~derground system, said alley, highway or other publi than v~[ll be necessary to enable it to perform the work with proper economy · and efficiency. SECTION 2. That the erection of poles and construction of conduits, under the provisions of this ordinance, shall be subject to the supervision of the City Mana- ger o~ some other' representative authoritively appointed by said Council, and said Company shall replace and properly relay any sidewalk or street pavement which may have been displaced or damaged by it in the construction and maintenance of its s yst e~a. SECTION 3. That sai: conpany shall, whenever required to do so by the City of Roanoke, in the reasonable exercise of its police power, remove from the streets, alleys, high,Jays or other public places of the said City, or any part thereof, its poles, wires and other appurtenances, except such as may be necessary for local distribution, and place the wires and other appurtenances underground in safe and suitable conduits; the location of which is to be approved by the said City and the mork to be done under the supervision and to the satisfaction of the said city. SECTION A. That said Company shall, during the '~if_e of this franchise, pay to the City of Roanoke each year three (3) per centum of its gross receipts from local telephone exchange service within said City, such payments to be made semi- anaua!ly in the months of January and July, ami as a g::_~rantee of the faithful per- formance of this provision, the books and systems of accounts showing the gross in- come derived from such local telephone exchange service as aforesaid, shall be sub- ject to inspection and verification by a duly authorized officer or agent of said City. SEOTION 5. That space on one (1) crossarm of poles erected or in one (1) duct of the conduits constructed, under the provisions of this ordinance, shall be re- served, free of charge, for th~ purpose of carrying m~res of any fire alarm or polic. telegraph system owned .and maintained by said~mty,o' provided the said wires are placed and __we__intained in such a manner as may be prescribed by the said Company, and in no case used to carry electric light or high tension currents. ! SECTION 6. That the said Company shall maintain its lines in good and safe order and condition and shall at all t~_mes fully indemnify, protect and save harmles: the said City from and against all claims arising from the erection, construction or negligent maintenance of its said lines. SECTION ?. all of the terms and provisions of this ordinance shall apply with equal, force and effect ~q. thin the corporate limits of the City of_Roanoke as now or as may hereafter be established. SECTION 8. That nothing in this ordinance shall be construed to grant unto the said Company any exclusive right or to prevent a g~ant of similar privilege to other companies. SECTION 9. That the right of the City to impose any lawful license or other tax upon said Company or its p~operty is hereby expressly reserved and is not to be deemed in any manner waived or abridged by this ordinance. The ordinance is laid over. BRIDGF~-FRi~{KLIN ROAD: A co_-~,_ unication from Mr. Carl Buoholtz, Fresident of ~the Virginian Hailway Company, with reference to Franklin Road Bridge over the Virginian[ Rail~,ay tracts was before Council and discussed, after which Mr. Powell offered the following as a reply to Mr. Bucholtz, letter, and moved that same be made a minute of the 'meeting, and that the City Clerk be directed to transmit same to the Virginia~ Railway Company in the form of a letter: "The Council of the City of Roanoke in regular session Friday, 29th, has given consideration to your letter of November 25th and has directed me to acknowledge receipt and thank you for prompt response. "The Council feels that the most important feature affecting elimination of the Franklin Road crossing of your Company is earliest possible com- pletion of.detailed plans in order that this project may be given approval by State and Federal agencies, as required by law, so that bids can be obtained and work actually awarded to contract. "I em directed to inquire as to approximate date upon which you expect to have detailed plans in readiness for final approval and to suggest that possibly the Virginia Bridge and Iron Company will be glad to co-operate with the Virginian Railway in expediting this matter. "The Council has directed that I express to you their conviction that minor unsettled questions can be agreeably adjusted at the proper time and since the cost of preparing plans is an expense properly chargeable to the Federal grant for the structure, it is hoped that you can supplement your engineering staff where practicable to advance completion of the plans as much as possible. "Will you kindly advise me as to probable date of finished plans?" The motion was seconded by Mr. Bear and unanimously adopted. The President, ~..M. Small, stated that as a matter of record it might be said that there seems to be very little difference of opinion now existing between the ity and the Virginian Railway, the Railway while r~eking' a contribution of some ;4,000 square feet of right-of-way, it is really a trade, as the Virginian ~pproximately the same acreage of abandoned right-of-vmy. wi 11 get The other question mentioned in Lit. Bucholtz, letter revolves around other ~ailroads not being required to contribute to the expense, and stated the fact is, Ander the lav~ and the usual procedure the Railroads will be required by statute to )articipate in one-half of the cost of additional right-of-way and property damage, ~ut at this time the most important thing is the completion of plans and that if the ~irginian Railway will expedite the completion of the plans, the whole matter can ~e disposed of at the proper time. !,lOTIONS A~qD .~'LISCF~ANEOUS BUSINESS: The City Clerk brought to the attention ~f Council Personal Property tax tickets in the name of Mary Louise McNulty and ?rancis Wilson McNulty, as presented to him by 2dr. 0. A. Kerns~, with a request that She SE.O0 penalty be released. The tax tickets are referred to the City Clelrk for investigation and report to :ouncil. ~REAL ESTATE-LOSS AND DAMAGE: The City Clerk reported that I~r. ~. ~. Boswell, Tr., of the Real Estate Board, had reported he and his committee would appear beforeI; lounc~l at its next meeting with reference to proposed ordinance for the curtailment': }f loss and damage to property by vandals. The Clerk is directed to write ~udge ~aittle and ask for a reply to his letter ~f November 10th, asking for comments and suggestions, insofar as the proposed ordinance refers to juveniles. CITY TR-'~URER: At the request of Council, Mr. C. R. Kennett, City Treasurer, appeared and discussed the question of keeping ~s office open for payment of taxes ~efore December 5th. 471. Mr. Kennett advised that he had arranged to keep the office oven Saturday aft er noon. ~EIGHTS AND MEASURES: The City Manager reported that Mr. O. R. Yaughan, Sealer had attended the school in Richmond, conducted by the ,,o:_' ~eights end Measures, iLeague of Virginia Municipalities, and had turned in an expense account of $?.00 iwhich he recommended be paid, the said amount to be transferred from his "Supplies" ~: Ac c o unt. ~hereupon, ~Lr. Powell offered the following Resolution: (~%675} A RESOLUTION to pay C. R. Vaughan, Se~ler of Weights and $?.00 for expenses for attending school in Richmond, Virginia. ( For full text of Resolution see Ordinance Book No. 8, Page Mr. Powell moved the adoption of the Resolution. Measures, 570. ). The motion was seconded by l,.Lr. Comer, and adopted by the following vote: AYe: ~..iessrs. Bear, Comer, Powell, :,finn, an the President Mr. Small --5. NAYS: None .... 0. J&tL R~uP:~_!RS: The City p:anager brought to the attention of Council request for additional appropriation covering repairs to City Jail, the account now being over- drawn $24.56. The City Manager is directed to tabulate the full amount necessary and present his request at a later meeting of Council. , LICEHSE TAX: A commbuuication from Ley-Antrim, Inc., with r,ference to $25.00 license paid for autonobile repairing.in additional to regular merchant's license, was before Council. The question of revie~ing the entire license code ~'~as discussed at some length, The i:resident i,:r. small, suggesting that in the near i~ture a Special Meet- lng of Council might be called for a night session for c o _n ~ id er at i on of this ques- tion. The City Clerk is directed to ackno~';ledge receipt of letter signed by ~. Key, and advise him that the matter will be considered by Council prior to January 1st. There being no further business, council adjourned. APPROVED President 47: COUNC IL, REGULAR MEETING, Friday, December 6, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court:: Room, in the Municipal Building, Friday, December 6, 1935, at 3:00 o'clock p.m., ~ the regular meeting hour. ,~ PRESENT: Messrs. Comer, Powell, ~inn, and the President Mr. Small --4. ABS '~IT: Mr. Bear ....... 1. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. Yj. P. Hunter, City Manager. i ~dII~JTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Comer, seconded by Mr. Powell, the reading is dispe~sed v~[th, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC .',IATTERS: FIRE PROTECTION: "Mr. J. C. Martin, Attorney for the Nininger interests, manu- facturers of vinegar, with plant in the Northeast secticm of the City, having pre- viously petitioned Council for extension of water main, and the installation of fire hydrants to accommodate plant of the Roanoke Apple Products Company, again appeared and asked that Council take the necessary steps to furnish fire protection to his ~lient, as he had been unable to get any action frGn the Roauoke ¥1ater t'orks Company the extension of their lines. The matter wa& discussed at length, the l~resident, Mr. Small, advising i~:r. · ~artin that the best that could be promised him for the time being with reference to the question of fire protection in the section he was interest in, as well as other sections of the City, was that Council will aS an early meeting give this matter executive consideration and devise some plans of procedure in the interest of such extension of water mains as se~ necessary, and probably have some understanding one way or the other. ZONING: Mr. Ray 0. Lawson, Attorney for Earl G. Bradshaw, appeared before Council in the interest of reclassifying or amending the Zoning Ordinance for Lot No. 2232222 on the East Side of 10th street ~xtensiGm, and vas advised that in the absence of one member of Council, with his approval, the matter would be carried over until the next meeting of Council. REAL ESTATE-LOSS Ai~ D~.JAGE: Mr. J. W. Bos~e!l, Jr., appeared before Council the interest of proposed Ordinance for the curtailment of loss and da~ge to property by vandals. The City Clerk advised that reply requested Of Judge ~q~ittle had not as yet been received. 7ihereupon, the President, ~htr. Small, appointed Messrs. Bear and Winn from Council to confer with co_mmittee from the Real Estate Board to draft proper Ordinance for presentation and action, of Council at its next; meeting. TELEPHONE FRANCHISE: ~&r. L. I~. Griffin, General Commercial Ma_n_~ger, and Mr. J.N; Iradley, Attorney for the Chesapeake and Po~.emac Telephone Company, appeared before : ouncil in the interest of adoption of Ordinance on its final reading for the grant- lng of telephone franchise to ~he Chesapeake and Potomac Telephone Company. ~. The regular order of business is dispensed with and Ordinance No. ~67~ present-: adopted, the ~d for its second reading. On motion of Mr. Comer, seconded by Mr. Ninn, and u__r~nimously 474 followin6 was offered as an amendment to the proposed Ordinance: pLACES OF FIXTURES," was ordered to be advertised by the Council of the City of Roanoke, a proposed ordinance, entitled, "AN ORDINANCE GRANTING A FRANCHISE TO ., ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND OTtiER PUBLIC THE CITY OF ROANOKE, I~IRGINIA, FOR ITS POLES, ?,~RES, CONDUITS, CABLES AND after its teens had been duly approved; and ~ ~I~EREAS the terms of said ordinance were published once a week for four succes- sive weeks in The Roanoke ~orld-News, a newspaper published in the City of Roanoke, and having general circulation in said City of Roanoke, which said advertisement in- vited bids for the franchise proposed to be granted in said ordinance, said bids to be in Eriting and delivered upon the day and hour named in said advertisement to th. presiding officer of the Council, in open session; and ';oHEREAS at the session of said Council to receive said bids, the presiding of- ficer caused to be read aloud the only bid received, being the bid of The Chesapeake and Potomac Telephone Company of Virginia, in ~riting,. and for the sum of Five Hun- dred Dollars ($500.00); and i?HE.RF~IS inquiry ~:'as made by the presiding officer if ,ny further bids were of- fered; s~d LHERE~S there w~ere no further bids offered, and the presiding officer there- upon declared the bidding closed; and ~,~HEREAS the said proposed ordinance and said bid were referred to the Council as a committee of the whole, which reported in favor of accepting said bid and adopt- ing said ordinance: NO~, THEREFORE, SECTION lC. This ordinance shall be in force from its passage. BE IT FURTHER ORDAINED that THE CPLESAPEAt{E AND POTOMAC TELEPHONE C~IPA~f OF VIRGIniA, before proceeding to act under this ordinance, shall execute a bond, in the penalty of One Thousand Dollars ($1,000.00] ~ith good and sufficient security, in favor of the City of Roanoke, conditioned upon the construction and putting into operation and maintai-ning in good order, the plant provided for in this franchise, and the furnishing of efficient telephone service at reasonable rates. M~r. Comer moved to adopt the amendment, which was seconded by Mr. Winn' and adopted by the follo~rin~ vote: . P · AYES: Messrs Comer, Powell, '~inn, ar~l the reszdent .1~r. Small--4. N~YS: None ...... O. offered the ordinance as amended which is as follo~s: (#4674) AN ORDiHAI~CE GRANTING A FR~NCiLISE TO THE C~APF~ AND POTO},LiC T,ELEY'HONE COi.~t:'Ai.Ff OF VIRGINIA, ITS SUCESSORS AND A~SSIGNS, TO USE TH~ STREETS AND OTHER PUBLIC PLACES OF THE CITY OF ROANOFJ~., VIHGINIA, FOR ITS POLES, WIRES, CONU3UITS. CABLES ~:~D FIXTURES. ( For full text of Ordinance see OrdiBonce Book No. 8, page 5?0 ) ~r. Winn moved the adoption of the ordinance. The motion was seconded by Powell, and. adopted by the following vote: AYES: Messrs. Comer, Powell, ~;inn, and the President .t~r. Small --4. NAYS: None ----0. ( Mr. Bear absent) TELEPHONE FRAHCHISE: Mr, M. Telegraph and Telephone Company, Franchise for his colapany to use Telephone Company of Virginia, vertise~ent of said Franchise, and expiring on January 9, 1936. D. McBride, Right-of-way A~ent e~peared before Council in the for the American interest of * After discussion of the question, i&r. Comer offered the following ordinance for its first reading, which motion was seconded by ;dr. ed. the aerial and underground works of the C. & P. and submitting draft of Ordinance providing for ad- substantially the same as Franchise now in existence,l Winn, and unanimously adopt' (~4676) A3~ 0RDINAhI~E GRJdqTING A FRANCHISE TO , ITS SUCCESSORS AND ASSIGNS, TO ACQUIRE, OCCUPY AND USE THE AERIAL AND L~DERGROUND WORKS OF 'IRE CHESAPEAKE A};D POTOMulC TELEPHONE COMP.~Y OF VIRGINIA, ITS SUCCESSORS AND ASSIGNS, NOW IN PLACE OR ;,~HICH ~Y H~-REAFTkR BE PLACED 0N, 0VER, IN, ~'~DER, ALONG AND ACROSS THE STREETS, ALLEYS, HiGH;JAYS, 'AND OTHER P%rBLIC PLACES IN THE CITY 0F R0~'~NOKE, VIR CINIA. BE IT ORDAINED BY.THE CITY COL~,~CIL OF THE CITY OF ROA~NOKE, ROANOKE COLNNTY, gIRGINIA, That the , its successors and assigns, for a period ~o expire on January 6, 1966, be and is hereby authorized and empowered to acquire, ~ccupy and. use such portion of the aerial and underground works of The Chesapeake and l~'otomac Telephone Company of Virginia, its successors and assigns, now in place ~r hereafter placed on, over, in, under, along and across the streets, alleys, high- ~ays and ither public places of the City of Roanoke as the said Company may require in the due conduct and prosecution of its business upon such arrangements as the two companies may agree to; PROVIDED: SECTION 1. T_hst the said Company sha. ll at all times fully indemnify, protect and save har~tless the said City of Roanoke from and against all accidents, claims, suits, damages ahd charges and against all loss and necessary expenditures arising 'from the use and maintenance of any and all of the aerial and underground works ~cquired by it as aforesaid. SECTION 2. That nothing in this ordinance shall be construed to grant unto the said Company any exclusive right or prevent a grant of similar privileges to other ~ompanies~ The ordinance is laid over. PETITIONS AND COMMUNICATIONS: TRAFFIC: Copies of letter written by the Chamber of Commerce, and a communica- ion from the .Dierchants Protective Association, with reference to Park-O-Meters, and uggesting further study of the question, before definite recGmmendatiom are made, ~as before Council: The communications are filed, aw~aiting more definite information. ZONING: A communicatiom fr~m the Board of Zoning Appeals recommending amendment of Article X, Section No. 1, of the Zoning Ordinance, to provide for ,stagger" term of office of the five members of the Board, two members to be appointed for a term of three years, and three for a term of five years, was before Council. The question is referred to the City ~ttorney, with request that he bring in proper ordinance at the next m~eting of Council, providing for the "staggering', ~ of term of office for the Board members. 475 476 The City Clerk is directed to prepare Resolution for the appointment of the individual members, the first three on the list for terms of five years, and the i last tw~ on the last, for terms of three years. STATE CORPORATION COMMISSION: Notice from the State Corporation Oommt $ sion dar, ed November 7, 1935, of applicatio~ for certificate to operate motor vehicles for the transportation of freight by the Rut her foord Freight Lines, Inc., Bristol, Virginia, which notice was served on the Vice-Mayor at 10 o,clock, p.m., November 29th, for hearing in Richmond, Virginia, on December 2, 1935, was before Council. The City Clerk is directed to acknowledge receipt of same, and to ask that in i the future proper notice of these hearings be given sufficiently in advance of the hearing date in order that Council 'desires. might give consideration to the matter if it so BZiDGES-F~LIN R0~.D: A communication from Mr. 'C. Bucholtz, President of the Virginian Railway, advising that plans for the Franklin Road Bridge over the Virginian Hailv;ay tracks are expected to be completed on December 23, 1935, was before Council. The Clerk is directed to keep this communication in his active file and bring same to the attention of Council at its meeting on Friday, December 27, 1935. ~.~0?,T OF THZ CITY M~L~GER: The City Monager submitted report of vJork accom- plished and e~enditures for the week ending November 28, 1935. The report is filed. ~SHOUSE: Report from the keeper of the Almshouse for the month of November, :1935, ~as before .~ ~ouncil. The report is filed. CROSS-OVER: The ~* ~mty '~anager presented report on application for cross-over as requested by T. H. Terrel to accorm~.odate property at 557 Lynchburg -~-venue, N. E., -previously before Council, recommending that the permit be granted. Mr. Comer moved that Council concur in the recommendation of the City Manager, and offered the follov~ng ~,esolution: (~4677) A ~SOLUYi0N granting a permit to T. H. Terrel to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, page 372 ). · Mr. Comer moved the adoption of the Resolution. The motion was seconded by Idr. Powell, and adopted by the following vote: AYES: Messrs. Comer, Powell, Winn, and the President ~,Lr. Small--4. · NAYS: None .... 0. FtF~PORTS OF ~ ~ "~ ~ ~ 01~¥LI ,' TEES: STREET I2~[PROVE~'[ENTS: The committee appointed to investigate and to arrive at a satisfactory agreememt and settlement v~ith Mrs. Sallie J. Webber, 1031 Cherry Street Forest Park, for damages due to street improvements, advised that tentative report had been prepared, and asked that consideration of this question be deferred until a later date. :i UNFIniSHED BUSINESS: Hen e. CONSIDERATION OF ~LA]LIS: None. INTRODUCTION A2~ CONSIDERATION OF ORDINANCES AND RESOLD~IONS: data Route No. 221, Greenbrier Avenue, Station 0~00 t&r. ~Jinn offering the following Resoluti~: (~4678) A RESOLUTION approving Project Avenue. Station 0,00 to Station of Roanoke, and authorizing the therewith. ( For full text of Resolution see Ordinance Book No. 8, page Mr. Winn moved the adoption of the Resolution. ~I:ir. Powell, and adopted by, the following vote: STATE HIG~¢;AY WITHIN CITY LIfdITS: Draft of Resolution, together with supporti~ authorizing the City Manager to execute agreement between the City of Roanoke the Virginia Department of Highways for construction of Project 10E?-K, U. S. to Station 23~88, was before Council, 102?-K U. S. Route No. 221, Greenbrier 231~B for the improvememt of a highway in the City City Manager to execute an agreement in connection The motion was seconded by AYES: ~.essrs. Comer, Powell, Winn, and the President lJr. Small --4. NAYS: None ..... 0. ~iOTIONS AND ;~iISCFJ~LANEOUS BUSINESS: FIRE PROTECTION: The City Clerk brought to the attention of Council a request from C. J. Goens, 1006 .,ar~xngton Road, Raleigh Court Annex, for fire hydrant, v~hich question was previously before Council on J~pril 26, 1935. The question of fire protection and extension of mains throughout the City v~as again aiscussed, and it v~as the concensus of opinion that this matter would be given consideration after the first of the year. TAXES: The City Clerk reported to Council that he had investigated the tax returns of i~iss Mary Louise ~.JcNulty and ~.~iss Francis ~;~ilson i~cNulty for year 1935, and found the penalty of $2.00 appearing thereon ~°Jas assessed as a result of the tax payer failin~ to make returns to the Co~missioner of Revenue, and that the Assessments made covered Head Taxes by virtue of legal residents of the City of Roanoke. The City Clerk is directed to advise that there is no action that Council can consistently take in the matter. TAXES: The City Clerk presented tax ticket issued in the name of Louis Fine, amounting to $27.50, stating that the tax payer had advised the Assessment of $1,000.00 for tangible property had been erroneously turned in to the Commissioner of Revenue. The City Clerk is directed to advise the applicant, that it v~lll be necessary for him to work out his difficulty with the Commissioner of Revenue, and that re- quest for such change of Assessment as seems necessary should be made by the Com- missioner of Revenue. CITY JAIL: The City Manager brought to the attention of Council the necessity for additional appropriation covering repairs to jail, advising that an appropriation of $350.00 had been inadvertently omltted at the time the Budget for the present fiscal year ~-~as prepared. He is directed to confer with the City Clerk and furnish necessary information by preparation of proper Resolution authorizing special appro-~ ~riat ion. ~ CITY AUDITOR: The City Clerk is directed to request the City AuditG~ to furnish!~ :ouncil at its next meeting on Friday, December 13th, comparative statement showing mounts and percentages of 1935 levy, collected to date, both personal property and ~eal estate, as compared with the seine period and dates of 1934. 477 478 or 6~;h, The Oity Auditor is also not any public utility is delinqA ent in its and, if so, to tabulate same. requested to furnish Council information as to whethe current years, taxes on December SE~'ER AND SIDEW;ALK ASSESSMENTS: The City Clerk brought to the attention of Council the question of collection of Sewer and Sidewalk Assessments as now being handled in his office, particularly with reference to the question of interest payment and the requests of certain property owners to discharge these obligations on a partial payment plan. The City Clexk is authorized and directed to continue handling the Sewer and Sidewalk Assessments in the s~me manner as the collection~ and payments are now being made and to use his best Judgn~nt as to a partial payment plan for the col- lection of these delinquent Assessments, if and when it seems necessary to discharg, the delinquency. Council adjourned. There being no further business, Clerk APPROVED ,! ~0UN¢IL, REGULAN ~E~TING, Friday, December 13, The Council of the City of Roanoke met in regular meeting, in the Circuit Courti Room, in the Municipal Building, Yriday, December 13, 1935, at Z:30 o'clock p. m., the eo2'ly hour boing called for the purpose of conference with committee from the Council of Social Agencies, previous to the regular meeting hour. PRESENT: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. ABSI~T: None ..... 0. The President, Mr. Small, pres idtng. OFFICERS PRESET: ~r. W. P. Hunter, City Manager. PUBLIC %'~ELFARE DEPAR_~!EK"~: The President, ~,dr. Small, stated that before Council convened for the Regular Meeting an Executive Session would be held with a committee from the Social Service Bureau, composed of~,._"-s. James J. Izard, Mrs. H. L. Womack, Mrs. Leon-rd Muse, and Mr. George S. Shackelford, Jr., Representative of the Chamber of Conmlerce. Mrs. Izard, as spokesman for the committee, advised Council that as a representa- tive of the Council of Social Agencies and a member of the Junior League, the com- mittee v~as appearing before Council with a view of receiving its endorsement for a proposed survey of Roanoke Welfare and Relief Agencies to be conducted, and at the expense of the Junior League, the Junior League proiosing to bring to Roanoke authority on relief and welfare ~ork to conduct the survey, and to draw. up recom- mendations to be submitted to Council for consideration at a later date. After a discussion of the question, both pro and con, the President, ~dr. Small, stated as a m-tter of record and from the standpoint of newspaper comment, it might be stated that Council has discussed the question and feels a survey of the type proposed v;ill be very helpful and will serve to crystalize the City's welfare prob- lem and that Council urgently requests the Civic Organizations of the City to cooperate in this undertaking, insofar as their ability will permit in furthering the survey to be conducted by the Junior League. kIINUTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of ~Ar. Powell, seconded by i;~r. Finn, the reading is dispensed with, and the minutes approved as recorded. M~&RING OF CITIZENS UPON PUBLIC ~.&ATTERS: ZONING: A communication and report from the Board of Zoning Appeals with reference to reclassifying or amending the Zoning Ordinance for Lot Z~SZ2EB on the East Side of 10th Street Extension, was before Council, the Board of Zoning Appeals reco~muending that the request of Mr. Earl G. Bradshaw that the said property be changed to Business District be denied. ~dr. Raye 0. Lawson, Attorney for Mr. Bradshaw, appeared before Council in the interest of his client,s request. Mr. P. S. Hawthorne, }~rs. Martha T~thill, Mr. J. M. Foley, and Mrs. B. V. Det'/eese, property o~mers in the immediate area, appeared before Council in opposi- tion to amending the Zoning Ordinance, it being their contention that there was no 479 480 necessity for this Imrtioular section to be olassl£ied as a Business District. After discussion of tho question, Mr. Bear moved that aott_~__ of Council be :delayed, which action was seconded by Mr. Wtnn, on_d after £urthor discussion of tho iquestton and a request from the petitioner that definite aetiea be taken without !further delay, Mr. Bear withdrew his motion and Mr. Comer moved that Council conour !in the reccmmendation of the Board of Zoning Appeals that the request of Mr. Bradsh~ !be denied. The motion was seconded by Mr. Powell and adopted by the following vote: AYES: Messrs. ¥owell, Comer, Winn, and the tresident Mr. Small ---4. NAYS: None ..... 0. ( Mr. Bear requested that he be registered "present"). TAXES: Mr. Jackson McBroom, Public Accountant, representing the Roanoke ~'elding Company, appeared before Council and subn~itted statement in the form of a petition asking the rednction of Assessment for taxes on machinery, tools, and equipment for the years 1934 and 1935. The statement and petition are referred to the Commissioner of Revenue with the request that the matter be discussed ~ith representative of the Roanoke ~jelding Company and if it should seem advisable for representative of the Commissioner of Revenue's office to make a personal survey of the machiner~y, tools, and equipment in Question, and to bring back a re!~-ort and recommendation to Council. PETI TI ~' ~'' ~ ~ ' ~,~.,o .~[D CO~U.~ICATIOI~. LICENSE: A co ~unmcation from Baron G. Collier, Inc., asking for a reduction in license on street car advertising which is nov~ fixed at $100.00 per annum, was before Council. The City Clerk is dLrecte-d to acknov~ledge receipt of the communication, and to advise that the City is not in position to make any dommward revision in license for :this form of advertising, sending copy of his letter to the Commissioner of Hevenue. The City Clerk is also directed to ascertain and to report back to Council as to whether or not the license has been paid for 1935. COMPLAI~S-G~,iBLiNG DEVICES: Communication from the Merchants' Protective Association protesting against alleged open and flagrant operation of gambling devices and "gip" games at fairs, circuses or elsewhere as being illegal and con- trary to the interest of citizens and business men of Roanoke, ~as before Council. The City Clerk is directed to furnish copy of the csmmunication to the City .Manager and to the Commonwealth Attorney for their information and to advise the .Merchants' Protective Association that the infraction and enforcement of laws come ~under the jurisdiction of the City Manager and the Commonwealth Attorney for the ~!prosecution of same. STATE CORPORATION COMMISSION: A communication from the State oorpc~etion i'Commission with reference to failure to give sufficient notice of hearing of ap- ~plication of Rutherford Freight Lines, Inc., was before Council. Members of Council are advised to take notice for their future guids~ce. The communication is filed. F~: A communication from the Emergency Relief Administration asking that the ;~LA~sociation be advised of any action which Council may take at any time in the me~_tte of providing plans for meeting the employable un~nploy~d situation, was before Counc The City Clerk is directed to forward copy of the ne;~spaper article with refere~ the contemplated survey as proposed by the Roanoke Council of Social Agencies .under the direction of the Juniar League. il. tce REPORT OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager submitted report of work accom- plished and expenditures for the week ending December 5, 1935. The report is filed. ibalance BURRELL ~'~E~IORIAL HOSPITAL: Report showing list Burrell Memorial Hospital for the month of Novenber, of $225.64, was before Council. The report is filed. MOTHERS AID: A communication fro~ Mi"s. of City 1935, patients treated at the showing an unexpended Ro Russell Burnett, Chairman of the I,~others Aid Committee and director of the Social Service Bureau, requesting that thel t~,~o cases previously designated for a period of three months as Mothers Aid Cases be~ continued until the end of the present fiscal year June 30, 1936. The City Clerk is directed to prepare and bring in proper Resolution for the extension of these cases for consideration of Council at its meeting on Friday, December 20, 1935. CITY MA~RKET: The City Manager presented commmnication from the Market Clerk recommending the removal of State produce peddlers frGn the East side of the City Earket Building to the East Square, the City Manager concurring in the recommendation of the ~darket Clerk. The City Clerk is directed to draft the necessary amendment to existing 0rdin~nces ~o carry into effect the proposed change for consideration of Council at its meeting )n Friday, December 20, 1935, said Ordinance to carry the emergency clause. CITY ALrDITOR: A communication from the City Auditor advising that he is unable ~o furnish statement showing comparison of collections for 1934 and 1935 tax levies ~s the Treasurer, s office h~s not completed working the payments received through ~he mails. The coEm~ unication is filed. H~TH DEPARTMENT: Monthly report as submitted by the Health Department for the month of No, ember, 1935, was before Council. The report is filed. C0~.~ISSIONER OF REVE~-UE: Monthly report as submitted by the Commissioner of Revenue for the month of November, 1935, ~as before Council. The report is filed. REPORTS OF COM~MITTEES: REAL ESTATE: h~Lr. Bear, Chairman of Co~ttee to confer with the Real Estate ~oard and draft proper Ordinance for the control and regulation of loss ami damage ~o property by vandals, reported that the committee has not been able to complete ~ts work and announced that a meeting of the t~o committees would be held in the ',ouncil Room &t 3:00 o'clock p. m., T~mesday afternoon, December 17, 1935. STREET I~iPROVht,i~T: The committee composed of l~essrs. Hunter and Winn to in- ~estigate and arrive at a satisfactory settlement with Mrs. Sallie J. Webber, 1031 ~herry'Street, Forest Park, for damages due to street improvement, reported as foil ows: "Regarding the complaint of Mrs. Sallie J. Webber, 1031 Cherry Street, Forest Park, that the sidewalk had been raised in front of her property and asking that her drive-way be raised, yard be filled in and resoded, the anti. re cost to'be paid by the oity, which was referred to ~Mr. Wynn and me for report. "TJais sidewalk was constructed by a land company and was laid on a flat grade. I have re.ceived a number of complaints about the water standing on the w~lk at this point. "The curb was constructed with a minimum grade to drain this sidewalk and was in accordance with good engineering practice. The City reconstructed an entire new sidewalk in front of this property raising the South end 3 3/8" and the North end ?" to conform to the new curb grade. 481. 482 'ln consideration of the above, the offer of the City was to replace 12 feet of sidewalk in front of house, 12 fact of double driveway both of which is in very poor condition at this time, and to give Mrs. Webber sufficient dirt to fill in her yard which we consider is a fair and Just settlement of this claim." Mr. '~'inn dissenting from that part of the report as to "replacing 12 feet of sidewalk in front of the house, 12 feet of double drive-way", and moved that ~the report be amended to read 20 feet instead of 12 feet. The motion was seconded by }dr. Bear and adopted by the following vote: AYES: .Messrs. Bear, Winn, and the President, Mr. Small --5. NAYS: Messrs, Comer and Powell ......... m m m mmmm mm ----mmmm m m . ~__ The .reoort as amended is received and the City Manager directed to carry out tt stipulations of the report as amended. UNFI~ISHED BUSINESS: None. CONSIDE~ITION OF CLA~,,"~: None. Ih~HODUCTiON ~,~D CCNSII)E~AT!0N 0F ORDINANCES Y~D RESOLU'IU[0NS: F'~:''~v*m'.-~.~,~,,~,... The follo~'~ing Ordinance No. 4676, having previously been introduced and laid over, was again before Council and read. (~4676) A~ 0RDIN~CE GRAi~TING A FRANCHISE TO ., ITS o~.~-.oo~n~ J~ND ASSIGNS, TO AC:~UIRE, OCCUPY ~'!D USE THE AERIAL ~_ND UNDERGROUND ~.'0P~[S OF THE CHESAPEAKE .~ID POTOL~AC T~tT.EPHONE C01~!Y OF VIi~GINIA, ITS SUCCESSORS f~D ASSIGNS, N0:', IN PLACE 0£,~ :,HICH M~"Y H~°d~FATER BE ]~LAC~ ON, OVER, IN, ALONG AI~,vD ACROSS T.;;~ STREi~TS, ~'~LEYS, HIGHWAYS ~N,, OTHER PUBLIC PLACES IN THE CITY OF ROANOKE VIRG!NIA. ( FOR full text of Ordinance see Ordinance Book No. 8, page 373 ). Mr Winn moved the adoption of the Ordinance The motion ~,~as seconded by ~.' !~owell, and adopted by the follo~'~ing vote: AY~.:S: Messrs. Bear, Comer, lowell, Uinn, and the President Mr. Snmll --5. I'T'L-YS: None .... 0. FE_~CHISE: The question of publishing advertisement for franchise to use the aerial and underground ~;orks of the C&P Telephone Company, was before Council, Bear offering the following Resolution: (~4680) A RESOLU'£i0N directing the advertising of Ordinance No. 46?6 granting a franchise to use the aerial and underground ~'~rks of the Chesapeake and Potomac Telephone Company of Virginia. ( For full text of Resolution see Ordinance Book No. 8, page 574 ~. Bear moved the adoption of the Resolution, the motion was seconded by i~.r. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ',;inn, and the President Mr. Small --5. NY~YS: None .... 0. ~,,=R ~d,~D SIDEWALK ASSESSMenTS: The question of releasing se~er and sidewalk :assessments as a consideration for certain property conveyed for the widening of Carroll Avenue by Limmerling Brothers, Inc., was before Council, L~r. ';;inn offering the following Resolution: (#~681) A RESOLUTION to release Sewer Assessment against Lots 3, 4, 5, 6, ~, and 8, Block 62, Melrose Land Company. ( For full text of Resolution see Ordinance Book No, 8, page 3~5 ). .Mr. Ninn moved the adoption of the Resolution, the motion was seconded by Mr. Po~vell, and adopted by the following vote: 483 AYES: ~essrs. Bear, Comer, Powsll, Winn, and the Fresident Mr. Small --5. NAYS: None ..... O. CITY JAIL: The question of additional appropriation of $300.00 for repairs to City Jail as requested by the City Manager, was before Council, Mr. Bear offering the following Resolution: (#4682) A RESOLUTION authorizing the expenditure and appropriating $300.00 for "repairs- to City Jail. ( For full text of Resolution see Ordinance Book No. 8, page 576 ______) · Mr. Bear moved th~ adoption of the Hesolution, the motion was seconded by Mr. Powell, amd adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President ~£r. Smsll--5. ILQYS: None ..... 0. SEi~,ER ASSESSL!~,~: The question of the City Clerk a ccepting $12.45 in full settlement of Sewer Asses~uent and interest for Lot 4, Ella Eddy Survey ~iap, was before Council, Mr. Bear offeri:~ the follo~;ing Resolution: (#4679) A RESOLUTION authorizing the City Clerk to accept $12.45 covering Sew'er Assessment, and interest, for Lot 4, of the Ella Eddy Survey l~ap, title of ~'Jhich stands in the name of Elmira Allen and Rullie Allen. ( For full text of Resolution see 0rdinsnce Book Iio. 8, page 374 .). 5Ir. Bear moved the adoption of the Resolution, the motion was seconded by L~r. Powell, and adopted by the following vote: AYES: i. dessrs. Bear, Comer, Po~ell, Winn, and the President ~. Small --5. NAYS: Non e ..... 0. ZONING: The Question of amending Section 1, Article X, of the Zoning Ordinance ~o pro¥ide for "staggering" the term of office for the five menbers, was before bouncil and discussed, ~ir. Bear registering an objection to term of five years for ~hree members, and three years for ~'~*o members, as suggested by the Board of Zoning Appeals. After further discussion of the question it was the unanimous ~pinion of Council that the terms of office should be three members for three years, ~nd two members for two years, l~.ir. Comer offering the following Ordinance for its ?irst reading, ~hich motion was duly seconded by 5:ir. Powell and unanimously adopted. (#4683) ~,~ ORDINANCE to reordain and amend Section 1, Article X, of 0rdina~ce No. ~083, known as the Zoning Ordinance adopted by Council for the City of Roanoke, [irginia, on the 30th day of December, 193~, entitled,"An 0rdinance__ to divide the ~ :ity of Roanoke into districts, provide regulations and restrictions of such districts, )rovide for a Board of Zoning Appeals and prescribe penalties for violation of the i:~ ,rovisions ther eof." BE IT ORDAINED by the Council of the City of Roanoke that Section 1, Article X, ~f Ordinance No. 4083 adopted by the Council of the City of Roanoke on the 30th day i: )f December, 1932, entitled, "An Ordinance to divide the City of Roanoke into dis- ~ricts, provide regulations and restrictions of such districts, provide for a Board ~f Zonir~.~ A.rrpeals and prescribe penalties for violation of the provision~ thereof," :.: ~e, and the same is hereby reordained and amended to read as follows: There is hereby established in the City of Roanoke a Board of Zoning Appeals ~onsisting of five members, whose term of office and appointment shall be as ~ereinafter provided, to-~ft: on or before the 30th day of December, 1935, the 484 Council shall apDoint two members of said Board to serve for a term of two years and three members for a term of three years,whose term of office shall expire on th, 30th day of December, 19~?, and 1938, respectively, next following the date of · their appointment and until their successor shall be appointed and Qualified. The ~members so appointed shall be removable for cause by the appointing authority upon ~written charges and after a public hearing. Vacancies shall be filled for the ~unexpired term of any member whose term becomes vacant. The ordinance is laid over. !~0TIONS .E~:D L:ISCEI.LANEOUS BUSINESS: RECREATION D~'A~'{TM-12~T: A communication and statement from the Hecreation Department, submitted by the City ~an~ger, showing $21.65 collected on Saturday, ~December 7th, and turned in to the City Treasurer to defray hospital e~oenses for injured football players as coming under the jurisdliction of the Hecreatio~al Director, the ~otal amount of bills being $22.00, was before Council. The City ~anager recon~ends that $22.00 be appropriated ~o discharge this in- debtedness. Mr. Bear moved that Council concu~~ in the recommendation of the City L~aneger, and offered the following Resolution: (0~4684) A H~SOLU'i:i~iI directing the City Auditor to dra~ warrants aggregating $22.00 covering professional services rendered to persons injured in football games pla' ' ' yeo under the jurisdiction of the De-i~rtm~nt of Recreation. ( For full text of Resolution see drdinance Book No. 8, page 376 ). i~Ir. Bear moved the adoption of the Hesolution. The motion was seconded by ~4r. ,inn, and adopted by the following vote: AYES: i~iessrs. Bear, Comer, Powell, Witm, and the ?resident i.:r. Small ---5. t.:~ o: i'.;o~e ...... 0. P~SIONS: The City IZanager presented communication and recommendation from the City Engineer for the retirement of im~Lr. ~_. E. Grant, foreman in charge of Sewer !.JaLutenance Gang, and that he be put on the Pension List, i,~r. Grant having completed his J0th year of service with the City and noYJ being incapacited for active duty. The City idanager concurs in the recommendation of the City Engineer and recom- mends that Mr. Grant be allowed ,1.00 per day. Mr. Bear moved that Council concur in the recommendation of the City I, Jianager that '. ~. Grant be placed on the superannuated list at $1.00 per day, effective Decenber 19, 1935, and that the City ~uditor be directed to draw semi-monthly warrant The motion '~'~as seconded by Lit. Comer, and adopted by the following vot acc or ding.~ ly. < ~ AYES: l'~essrs. Bear, Comer, Powell, i'LAYS: None ..... O. STREE~T ~'inn, and the President LLr.' Sm~_ll --5. A communication from ..Mr. John E. Ruggles, 1V Riverland Road, .5. E., together ~rith b~ue print showing defect in the street at the corner of ~iedmont Street and Walnut Avenue, was before Council. :! The questio~ is referred to the City Manager for investigation, report and re coh~ae nd ati on. STREET ?IL~ ROV~ENT: The City ~anager brought to the attention of Council the repidly~ decreasing street 5mprovement fund. The Presi dent, !'~.~. Small, suggested that no immediate action be taken in this matter for the time being, and indicated that~ Council would probably hold a special meeting early during 1936 for the purpose Of reviewing the Budget Appropriations for tl~ first h~alf of the calendar year or last half of the fiscal year BOND ISSUE SINKING FUND: The President, Mr. Small, presented to Council the question of retiring bonds of the City amounting to $814,000.00, $400,000.00 being due January 1, 1936, and $414,000.00 July 1st, 1936, and read letter signed by the Commissioners of the Sinking Fund, rec~mending that $814,000.00 be transferred from the Sinking Fund to the General Fund of the City for the retirement of the bonds in question, and that the City Auditor be directed to adjust the accounts of the Sinking Fund by eliminating therefrom an. alleged deficit of $1?9,Olg.17 as alleged by the accounting fin of T. Coleman Andrews and Company, as a result of allocation or "ear marking.,' the Sinking~ Fund reserves to the several issues of term bonds :outstanding on a proportionate basis. The Sinking Fund Commission further recommends that the City Auditor be directed to adjust the accounts of the Sinking Fund by eliminating therefrom all allocations of reserves to the several issues of bonds outstanding and to maintain said fund in a CoD. Eon Fund for the retir~aent of all bonds as they come due as contemplated in the City Charter under Section 46. After discussion of the letter and reco~mnendation of the Sinking Fund, President, :,jr. Small, offered the following Resolution: the (~4685) A RESOLUTION directing the City Auditor to adjust the accounts of the Sinking..- Fund of the City of Roanoke. ( For full text of nesolution see Ordinance Book No. 8, page 377 ). Small moved the adoption of the Hesolution. The motion %vas seconded by I,~r. i~owell, and adopted by the follov;ing vote: AYES: idessrs. Bear, Comer, Powe!l, Winn, and the President Mr. Small -- 5. NAYS: None ..... 0. BOND ISSIJE-SIhS('I'NG ~'IJND: The question of directi_ng the Sinking Fund Commissioners transfer to the General Fund from the Sinking Fund the sum of $814,000.00 for i~ r'etirement of co2tain Bond issues matu~ir~:.' in 1936, havin5 previously been discussed, ~he t"resident, ~:Lr. Small, offered the following emergency Ordinance: (~4686) J~ ORDINANCE directing the Sinking Fund Commissioners to transfer to the General Fund, from the Sinking Fund, the s~um of $814,000.00 for retirement of :~ certain bond issues maturing in 1956. ( For full text of Ordinance see Ordinance Book No. 8, page 377 ). Mr. Small moved the adoption of the Ordinance. ~ir. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President !,ir. Small ---5. NAYS: None ..... 0. The motion was seconded by ERA: The question of liquidating FERA activities in the City of Roanoke by the ~ERA, was before Council, the City Manager bringing to the attention of Council ~hat he had been advised that in the absence of any instructions or the existence of Welfare Department in the City all case records of the ERA would be transferred Richmond. The City Clerk is directed to advise ~Ar. William A. Smith, Director of the FERA that the City w~ould like for all the records to be turned over to Mrs. R. russell Burnette, Director of the Social Service Bureau for the City of Roanoke. There being no further business, Council adjourned until 7:30 o,clock p. m., '.'onday, December 16, 1935, for review and discussion of the License Tax Schedule. Ci~erk APPROVED President 485 486 COUNCIL, SFECIAL MEETING, Monday, December 16, 1935. The Council of the City of Roanoke met in Special ~.eeting in the Circuit Court P, oom, in the Municipal Building-, Konday, December 16, 1935, at 7:50 o'clock p. m. ~-n.~,~,..~: Messrs. Bear, Comer, lowell, Winn, and the t'resident, Mr. SWmall --5. None ..... 0. The '.- resident, l.lr. S~mll, presidings. 0Fi.'ICERSr....~,- ~- ~': ',~'"~: Mr. ,,". P. Hunter, City .,tanager". LICh/~SE T~'ZIZS: Tb~ President, ~2r. Small, stated that the Special ~;ieeting of .Council had been called for the purpose of discussing and considering the question of compilation and codification of the License Tax Code for the City of Roanoke, and presented comparative schedule of licenses as imposed by the City of i, forfolk and the Cit-- of ?..oanoke as ~,re2,ared by the Commissioner of Revenue,s Office ?he l:resident stated further that realizing the time is li:ited for the prepara tion of u net.: license tax ordinance to be effective as of January l, 1956, he would suggest that the best thin~ .to do at the moment to e:.medite the t?ork ';ould be to a2:.point the City Clerk and a co~m.~ittee from the Commissioner of Revenue,s office, the License ~:~ctor ~nd a con~mittee from Council to confer and revie~ the v,'ork of the co:mnittee from time to tLme as they r_ay be called upon. Council being unanLmous in their concurrence of this sug~estion, the com~ttee is so appointed, and 12r. Comer and the President, Er. Small, named as the conmuittee from" ~oun¢i!. The question of rates and classifications ~.;ere discussed at .some length, and th~ question of a _'4e~; rate for slot machines brought before the body and on motion, dul~r seconded, and unaniraously 'ado_r, ted, the rate for one cent slot machines is char. ged- to $!0.00 per annu~_ and the five cent ~mchines to The committee is authorized to confer at any and all times, and to obtain such advise as see.nm necessary in .the progress of their ~;ork from the Conhmissioner of P~evenue, from the 0it/ I6mnager, and any other sources that seem necessary from time to time, and to re!.;ort back to Council as soon as sufficient progress has been made to -~arrant the necessity. There beirirg no further business, Council adjourned. APPROVED COUNCIL, REGbU~iR :~EETII';G, Friday, December 20, 1935. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the Municipal Building, Friday, December 20, 1935, at 3:00 o,clock p. m., ~the regular meeting hour. H~o,~.,~: Liessrs. Bear, Comer, Powell, Uinn, and the Fresident, L'..r. Sm~ll--5. None ..... 0. The President, Lit. Small, presiding. OFFICERS P~{Eo~,:T: IAr. ,,. P. Hunter, City i;ianager. !,iINbTES: It appesring that a copy of the minutes of the previous meeti~'~ having been furnished each member of Council, upon motion of" ~r. Bear, seconded by Comer, the reading is dis±oensed v~ith, and the minutes approved as recorded. i~EAilI~,:G OF CiTinEi.,~S bI-Ol.~ PUBLIC STREAT Ii,[PROV~d~,~T-TPu'~FIC: i.;~. Aubrey ',allace appeared before Council and called attention to dangerous condition of Wasena Avenue, West of ~th Street, and asked ~nat necessary '~,-'-' -"., ~- -'-' m..~ov~Len~s be made to eli~..inate the existing condition. The Cit7 Clerk is directed to make memorandum of the location complained of, and tun~ same over to the City I,ianager for invest i~ation and such i.~i3rovement as can consistently be i~de. I~/'. %~'allace also called attention to the conjesoed traffic condition existing at Franklin Road and Henry Street, and suggested that a stop line be painted across Franklin Road, East of 1st Street, in order that cars might be compelled to stop short of the intersection, ~';hich v:ould tend to relieve the situation. The Cit.¥ Idanager is directed to investi~te the condition and if possible to Z~ke some action to relieve the situation. ROAi.~0KE BAR ASSOCiATION-LAU LIBRARY: A communication from i.~. John D. Cart, President Roanoke Bar Association, requesting that more adequate space be provided for the Law'Library in the i4unicipal Building, and suggesting the space now occupied by the Health Department be assigned for this purp_ose, v~'as before Council. After a discussion of the question, upon ~otion of i,~. Bear, seconded by l~r. Po%'~'ell, the question is laid over for further consideration at a later date. CROSS-OVER: ~ communication from S. H. Ho%'~ell making, application for permit to construct cross-over at 402 ~'ellington Avenue, South Roanoke, v;as before Council, the City Manager recommending that the permit be granted. '~" Winn moved that Council concur in the recommendation of the City Manager, md offered the following Resolution: (#468~) A RESOLbTION granting a permit to S. !'.~. Howell to construct a certain ;to ss-over. ( For full text of Resolution see Ordinance Book No. 8, page ,~379). ~Mr. Winn moved the adoption of the Resolution. The motion vJas seconded by ldr. Bear, and adopted by the following vote: AY~$: Messrs. Bear, Comer, Powell, Winn, and the President ~Lr. Small --5. None .... 0. REFUNDS J~JD REBATES: A commm~ication from ~Mr. C. R. Kennett, Treasurer, request- lng refund of $1.05 for Personal Property taxes for the year 1935, in the name of 487 488 J. Lynch Sanders, was before Council. It appearing that the request is a ~L~. Bear offered the follo~Lmg Resolution: (~4688) A RESOLUTION to refu~i $1.05 covering ~collected in error from John L. Sanders. proper one amd the refund should be made, 1935 personal property tax ( For full text of Resolution see Ordinance Book No. 8, page ~379). Mr, Bear moved the adoptiOn of the Resolution. The motion was seconded by Mr. T,'inn, and adopted by the following vote: AYES: ~,lessrs. Bear, Comer, l'owell, Winn, and the' President i, Lr~ Sa.mall --5, N.kYS: Non e ..... 0. C0i:.~i;~,,TS~&TION-C. E. CUDDY: A communication frGn _~,~!r. C. E. CuddF asking that a'!?ropriation of Q750.00 be made for payment of his services rendered in the office of the Cor~on%,'ealth -~ttorney, %'ins before Council. At the suggestion of th~ ]~resident, !Lr. Small, that this ~tter be carried over for consideration at a later date, !.ir. ',','inn moved that this procedure be fol- lov;ed, whict] :notion was seconded by ~r. Powell, and unanimously adopted. D,~7.~ ii~,~,--.,,.~ , ,-~ . . ,,~_ T~=~S: Copy of con~nunication from W P Kelly, ·addressed to the Delinquent Tax Collector, with reference to alleged unpaid real estate taxes for ~ · · the year 19££, in the na~e of l,~rs. ~. J Kelly, v;as before Council The communication is referred to the City Clerk and the Delinquent Tax Collec- tot for report and recommendation. R-,i~P01~T OF OFFICERS: ~. .... ~":~ CITY "'"' ~w~ R._~,~T OF ._,~ ~...,~.~_~: The City i,~anager submitted re".:,ort of ~ork accompli~ ed and ex!,enditures for the ~eek ending Dece~[ber 12, 1935. The report is filed. R0~I,i0KE HOSPIT~L.: The City i£anager presented report as subr.,~tted by the City Physician of City !~atients treated at the Roanoke Hospital for the month of ~.~ovem, be~ 1935, showing 224 days' treatment at a cost of $672.00. The report is filed. STREET IL'~ROV~,i~,~r: The City !r~anager submitted the following report with refer to condition of street at Hortheast corner of :;alnut Avenue and Piedmont Street, as complained of By t~r. John E. Ruggles at a previous meeting of Council. "Regarding the commu~icatioa from L[r. John E. Ruggles, 17 Riverland Road, S. E., calling attention to defective place in street at the N. E. corner of ¥ialnut Avenue a[~i Piedmont Street. Upon investigation I find this street h.as settled and le, ft a lmv place just outside of the gutter lmne.and ~ have gm~.'en the City Mogineer instructions to repaint thins place just as soon as the weather conditions are suitable for using asphalt." The City Clerk is directed to forward copy of the City Manager's report to l~[r. Ruggles. CITY Ab-DITOR: The City Auditor submitted report showing taxes collected for the year 1955 as con, pared with 19~4, as of December 6th, shmring 77.86 percent collected for 1905 as compared ~'dth 73.66 percent for the year 1934. The report is filed, ihS~JCTIVE ?~ISITING I~RSES ~SOCIATION: Report for the month of Nov. 19~5 ~as submitted by The Instructive Visiti~ N~ses Association showing a b~ balance of iL~1.08, and unpaid bills amounting to $333.42. The report is filed. REPORTS OF C0~'~ITT,V~Z5: ~ ESTATE: The committee appointed from Council, composed of Messrs. James A.Bear and H. S. :','inn, to investigate and recommend procedure for the relief of loss :and do~tage to real estate by vandals, submitted the following ~ritten report: ,h- no e "h'e the undersigned Committee of Council, heretofore appointed to hold a public hearing with certain members of the Real Estate Exchange of this City, to consider the q~estion of what steps should be taken to relieve the present conditions in this City brought about by vandalism and destruction of prop_arty as complained of by the Real Estate Board, make the following, report: "In accordance with the direction of said resolution we report that at three o'clock p. m., on Tuesday afternoon December 17., 1935, we held a public hearing on this question; at which hearing the undersigned co~,m~ittee was !reseat and George S. Via, W. P. Bowling, Murrell ~eaver and j. W. Boswell, Jr., representing the real estate board; certain information was presented to the Committee, much of it important on the Question before the CommAttee, and after duly considering same, including all the circumstances presented to the Committee, we are of the opinion that Council, should at once employ three additional police officers ,~d detail them especially to look after vandals and other persons who are destroying and damaging real estate in this City contrary to la~;. ( Signed ) Jas. A. Bear, H. ~. , As a supplemental report the committee recommended that three additional police officers should be detailed for a pe~iod of ninety days, and also concurred in the suggestion of the Yresident, Mr. Small, t~mt a re~ard of $S5.00 be made for tnforma- tion leading to the apprehension and conviction of vandals in connection v,'ith loss and de~:~.age of real estate. Upon motion of ~r. Comer, seconded by i.:r. lowell, the rei~ort is unanimously adopted and the City L~anager is directed to ~ke a survey and make reco~wendation to Council at its ~ext meeting, for such additional appropriation as seems necessary to carry into effect the recor, m~endetion of tl~e City, and that in the meantime he be authorized to employ or to place in service the additional officers for this special ~ork. UNFINIS..~ED BUSINESS: MILK: At the request of Mr. James A. Bear at a previous meeting of Council, Dr. C. B. Ransone, City HSalth Officer, appeared before Council with reference to the milk situation in Roanoke as to prices now paid by the consumer as compared .~ with prices paid by other localities. ~ L~. Bear stated that as he had not. as yet had an opportunity of going into the matter he ¥~ould ask that the question be carried over, and suggested that the Health Officer cooperate in determining ~hether or not the people of Roanoke are paying more than a fair price per unit for milk. The Question ~as discussed briefly and laid over until a later date. TAXES: Report from the Commissioner of Revenue recommending that an adjustment be made in the assessment of the Roanoke Weld_i_ng Company's assessment for tax put- poses for the years 1934 and 1935 to conform to report submitted by I&r. Jackson l~c- Broom, Accountant for the L'eldin~g Company. The Question ~vas discussed previously, and the City Clerk directed to reques~ the Roanoke ',.elding Company to have representative before Council at its meeting on Friday, December 27th, 1935. CONSIDERATION OF CLA]ilS: None. INTRODUCTION ~.iD CONSIDEPd~TION OF ORDIIL~.CEo Y~,~D r~L~_iuI.;S: Z01.~iNG: The following Ordinance No. 4683 providing for the "staggering" of membership from the Board of Zoning Appeals, havin~ previously been before Council, read and laid over, %~s again taken up and read: (#4683) Ai,~. 0RDiNf~CE to reordain and amend Section 1, Artic]~ X, of 0rdin-nce No. 4083, known as the Zoning 0rd~nauce adopted by Council for the City of Roanot~, Vi rgi nia, on the 30th day of December, 1932, e~titled, "An 0rdinmuce to divide the 489 490 City of Roanoke into districts, provide regulations and restrictions of such districts, provide for e Board of Zoning Appeals and prescribe penalties for violation of the provisions thereof." ( For full text of Ordinance see Ordinance Book No. 8, page ~578}. Mr. Comer moved the adoption of the Ordinance. The motion was seconded by Mr. i'owell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Yowell, ~'inn, and the President Mr. Small --5. NAYS: None ..... 0. ZONING-BOMtD OF ZONING ~PEAl~: The Question of expiration of term of office of all members of the Board of Zoning Appeals having been brought to the attention of Council, l.:r. i'owell offered the following Resolution providing for the reappoint ment of all members. (#4689) k R£SOLUTION to appoint members of the Board of Zoning Appeals. (For full text of Resolution see Ordinance Book No. 8, page #3?9). .,.~'. i-owell moved the adoption of the Resolution The motion ~zas seconded by Mr. ',',inn, and adopted by the follo;':ing vote: AYES: Messrs. Bear, Comer, lowell, ;,inn, and the President i~r. Small--5. N:tYS: None ..... 0. Ig0T:~E-RS AiD: The question of extending L:others ~id for period of six months /'or tm'o cases i:~.reviously designated, was before Counc il, Hr. Winn offering the foll o'~ ing Resolution: (/~4690) A _~=~0LU'~ION directing the City Auditor to imY monthly for period of six months, a total of ~90.00 for L~others' Aid, ~50.00 to be paid to ~s. Patrick Pittman Pexu'in and $40.00 to Llrs. Eddie Boyd Henderson, designated as Mothers' Aid cases, said amounts to be charged against Relief Costs, Section #58, as carried in the Budget for the fiscal year ending Ju~e 30, 1936. ( For full text of Resolution see Ordinance Book No. 8, page #380]. Lir . · M.r. Winn moved the adoption of the Resolution. Bear, amd adopted by the following vote: The motion ~'~as seconded by ~ :,~r. Small--5. AEmS: Messrs. Bear, Comer, Powell, Winn, and the President" NAYS: None ..... 0. The' City Clerk is directed to forward copy of the Resolution to interested parties. CITY iL~oJLhT: The question of resegregating hucksters and peddlers of farm and domestic products on the City L~arket, ~,~as before Council, ;~r. ',Tinn offering the following Ordinance: 0.,D~:,~A~,~C~; to segregate the !~oducer of farm and domestic products (,~4691) AI~ ' '~" .... and the huckster and peddler of farm and domestic products selling their produce on the city ;.~rket; settin~E aside space for the producer and huckster and peddler; ~ specifyin~g the charge for occupying such space and providing pene!ties for violatiol For full text of Ordinance see Ordinance Book No. 8, page #581). htr. ~'inn moved the adoption of the Ordinance. Bear, and adopted by the follo~,ing vote: The motion was seconded by Mr. AYES: Messrs. Bear, Comer, Po~ell, ~iinn, and the President 1~. Small --5. i~YS: None .... 0. MOTIONS AA~D MISCELLANEOUS BUSINESS: CITY TREASURER: Mr. C. R. Kennett, City Treasurer, tions for the month of November, 1935, as compared with report is filed. submitted report of collec- same period of 1954. The STR~.T WID~ING-PURCHASE OF PROPERTY: The City Clerk submitted to Council deed for property conveyed to the City of Roanoke by Edouard S. Seeligson for six feet of land for street wldentr~ purposes on Jefferson Street, between Frm'tkltn Road ard Elm Avenue. The deed is referred to the City Attorney for report and approval of the deed as dm'awn. REAL ESTATE TAXES-QUARTF. RLY PAYI~2~TS: The President, ~r. Small, brought before, i Council and offered the follo~ ng emergency Ordinance providing for quarterly pay- ~ ment of taxes on real estate, end rules and regulations governing the payment thereof. (~4692) AN ORDINANCE to amend and reordain Section 2 of an Ordinance adopted ~ December 29, 1931, as heretofore an~nded, prescribing v~hen city taxes on real estate and personal property are payable, providi~ interest on and penalty for the non- payment thereof, and directing that notice be given in regard thereto. For full text of Ordinance see Ordinance Book No. 8, page ~382). In a discussion of the question, 1;~r. Bear stated that he was in accord with the Quarterly payment plan, but opposed that part of the 0rdLuance offering a discount or premium for the payment of taxes, vhich payment, he contended, was compelled by la~', and for that reason ~.~Jould be unable to support the measure. ~,Lr. Winn expressed himself as having always been, s_u_d is now, opposed to the ~ ~hree percent discount on taxes, but is vJilling~, to support the r~easure as an -~xperiment. ~r. Powell and l~r. Comer approved of the measure, it being their belief, as was he President,s, that the discount and Quarterly pa~ment would, stimulate tax payment, ~hus relieving the City of the necessity of making short term lo-ua, as ~ell as ,;iving relief to the tax payers. ~,:r. Small stated that he wanted the Question discussed freely and frankly;' after ~hich he moved the adoption of the Ordinance. After further discussion of the [uestion, the motion ~:~as seconded by L~ir. Powell, and the Ordinance adopted by the ~ollowing vote: AYES: i:Jessrs. Comer, Powell, :&'inn, and the President, ~...~r. Small--4. NAYS: LIr. J~nes A. Bear (on the ground that he opposes the three percent l dis co unt) .... 1. FIRE DEPAR~T: The City E~anager brought to Council an invitation from the hief of the Fire Department_ to attend the Sunday School Class party at ~.o.~.~ l, Fire itation, at ?:~0 o'clock p. m., on December BO, 19~5. ~]~A: The question of furnishir~z men for work on the park to park highv~ay project, ~'Jas before Council, the City ~.~anager being directed to invite Mr..~jiinter and L~. Roberts to appear before Council at its next meeting for the purpose of discussing this question v, ith them. NOISES: The President, Mr. Small, brought to the attention of Council and the City P~anager complaints of unnecessary noises made by milk wa_gens early in the morning. The City-.Manager was directed to confer with the milk companies with a view of abating these noises, on the subject. thus avoiding the necessity of adopting a Special Ordinance 49! .492 LICENSE TAX: The City Clerk brought to the attention of council, and presented rough draft of the License Tax Ordinance, advising that in order to expedite the matter the committee is desirous of having, a meeting for the purpose of such isuggesttons and policies Council has to offer. After discussing the question, the President, t&r. Small, advised that there iwould be a Special Meeting of Council, called for 9:00 o,clock a. m., Saturday, ~December 21, 1955, to review the draft as submitted, and who could conveniently attend be present. There being no further business, Council adjourned. APPROVED that all menbers of Councl ~ -' o'ierk COUNCIL, SPECIAL MEETING, Saturday, December 21, 1935. The Council of the City of Roanoke met in Special Meeting in the Circuit Court Room, in the Municipal Building, Saturday, December 21, 1935, at 9:00 o'clock a. m. PRES~iT: Messrs. Powell, ~iinn, end the President, I~r. o~mall --3. ABS~T: Messrs. Bear and Comer ..... 2. The President, ~dr. Small, pr esiding. OFFICERS PRES~iT: ~dr. W. P. Hunter, City ~anager. LICENSE TAXES: The President, Lhr. Small, stated that the Special ~.~eeting of Council had been called for the purpose of reviewing the rought draft of the License Tax Ordinance, as proposed by the committee appointed at the last meeting of Council, and to determine as far as possible suggested rates for the new classifications. The rough draft v~as presented and read, each section being considered separately. At the close of the three hour session, the City Clerk v,~as directed to transmit the copy as prepared to the printer, ~rith instructions that proofs be submitted at the earliest possible moment for further revie~ing of Council, and such corrections and alterations as might seem necessary. There being no further business, Council adjourned. APPROVED President 493 494 COUNCIL, REGULAR M~ING, Friday, December 27, 1955. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room, in the ~dunicipal Building, Friday, December 27, 1935, at 2:00 o'clock p. m., the early meeting hour being called for the purpose of reviewing the printer,s proof of the License Tax 0rdtnance, ss prepared by committee appointed by the C ounc i 1. PRES?lIT: Messrs. Bear, Comer, t~owell, 5'inn, and the ~resident '..~. Small --5. kBS~T: None ..... 0. The iresident, Mr. S~%all, presiding. OFFICERS ....... ?' ~ . ~n,,.o~,;: Mr. .. P Hunter, City Lianager. i,:!i~TES: It appearing that a copy of the minutes of the previous meeting hav- been furnished each member of Council, upon motion, duly seconded, the reading is dispensed v,'ith, and the Ltinutes approved as recorded. H~.~AHIN-J 0F CITIZ~,,~S U_vON IUBLIC idATTi~RS: TAXES-%U_Q5TERLY PAYi.~: Judge John l,i. Hart, Connnissioner of Revenue, together ~ith Llr. C. ~. kennett, City Treasurer, and representative from the Auditor's office appeared before Council in connection with 0rdinauce providing for the quarterly ?aj?ment of reel estate and personal property taxes, the Commissioner of Revenue stating that while he had not been notified officially as to the details of the Ordinance as adopted by Council at its last meeting, he was familiar with the contents and %','anted it to be distinctly understood that he ~Jas in perfect accord ~'~ith the quarterly payment plan, but wished to have some instructions from Council as to hov.' to proceed in order that the necessary work in his office might be corn- ~31eted in time to turn the records over to the City Treasurer for completion of his v,'ork in time for the ne~ date of the first Quarterly payment. Judge Hart called to the attention of Council certain mechanics necessary to put into ol:eration the plan, as did Mr. Kennett the City Treasurer. The i:resident, t,[r. 0~nall, stated that Council understood at the time the Ordinance m'as adopted that it would necessitate certain adjustments in the Commissioner of Hevenue's office and the City Treasurer's office, and that the ne~ plan, or adjustments, were not expected to be one hundred percent efficient to begin with, v,'hich might necessitate ironing out the s2mtem later on, and that it was also realized that it may be necessary for the time being to employ additional help to !put the plan in operation by the time the first Quarterly pa~nent is due, but that 'the system, or the mechanics of the plan rests entirely v.ith the Commissioner of ~Revenue and the City Treasurer, the Council to render every cooperation even to the i effect of authorizing a committee to visit other cities where the installment pay- ment plan is now in operation, recognizing that in order to put the system in operation, it Eill be necessary to employ additional help for a period of thirty or sixty days, after ~hich the personnel of the respective offices should revert iback to normal operation. TAXv~S-REFDI~DS AND REBAT...S: "Mr. Jackson i;IcBroom, representing the Roanoke i~,eldS, r~g Corapaay, ~ppeared before Council in the interest of reduction and assessment ' r ,of machine y, tools and equipment for years 1934 and 1935. After a discussion of the Question, at the sug~estion of Mr, Comer, MeBroom was given assura_n_ce that if his concerto would pay the taxes as now assessed, Council would authorize a refund on the basis of forty-five percent assessment of the book value. The City Clerk is directed to draft proper resolution authorizing the refund after the paid tax tickets have been delivered to him. LICENSE TAXES: L. Ir. Griggs, representing the Coca-Cola Bottling Compare, ap- peared before Council in the interest of repealing the $10.00 License Tax for the privilege of handling soft drinks as now assessed by the City, the petitioner contending that Coca-Cola comes within the same classification of food products, and that the selling price of five cents does not return sufficient the .~;10.00 license. profit to Justify Upon inquiry from representative from the Commissioner of .'qevenue,s office, Council was advised tb~t there had been no complaints from vendors of soft drinks to this license, whereupon the i'resident, '.'.',Lr. 0~mll, advised that this particular section in tile new License Ordinance would be considered when the question was reviewed later during the nmeting. ~E~. ', ,'.no ,~',iD i'RESSERS: Y. Hutsonia appeared before Council complaining of payment of the m~ntmtm~ license assessed for cleani~L., and pressing establisI~aents nov~ established at ~40.00, advising Council that it was impossible for him to pay th~s license and support his family of thirteen children. The iresident advised the petitioner that the z~atter would be taken under consideration in the proper order of business. SIDE'SALK ;%SSESSMEi~T: '.~r. J. P. Flippo appeared before Council asking that a sidewalk assessment standing in the name of Mrs. J.P. Flippo amounting to ~33.95, with interest from U. arch l, 1923, be released, stating that he had been before Council on other occasions ~'Jith reference to this question, giving, as his reason that there was no necessity for the side~?alk at the time the same was constructed, and that having received no notice Of the assessment since his previous appearance before Council many years ag0,[f compelled to pay the amount, he did not think he should be compelled to pay interest. The question is referred to the City Clerk for examination of the minutes see what action was taken by Council, and to report back at a later meeting, LiCF~NSE TAXES: The regular order of business v:as suspended and the printer,s ~roof of rough draft of the proposed license ordinance as prepared by committee .ppointed by Council was considered section by section, and such changes, deletions ~nd additions as seemed for the best interest of the City made. It was brought to the attention of Council that two new ordinances had been lrafted for inclusion in the License Tax Booklet, :ollowir~s for consideration: the City Clerk presenting the MOTOR VFJIIC?.F. ~,YCENSE: Council was advised that the Motor Vehicle Ordinance had been redrawn for clarification with no changes in rates; whereupon, Mr. Pow~]l sffered the following as an emergency ordinance to be included in the new License ~ax Booklet: (#4694) AN 0RDIN-~,NCE imposing License taxes for the period from April 1st, to and including 5.iarch 31st of each successive year thereafter on moZor vehicles, md prescribing certain rules and imposimE penalties. ( For full text of Ordinance see 0rdinsmce Book No. 8, page 384 ). 495 496 Mr. Powell moved Comer, and adopted AYES: Messrs. Bear, NAYS: None ...... 0. the adoption of the 0rdinanoe. The motion was seconded by by the following vote: Comer, Powell, Ninn, and the President Mr. Small --5. ADVERTISING-FRADULENT: The other ordinance drafted after the general provision of a similar ordinance in effect in the City of Norfolk, dealing with fraudulent advertising, ~,as presented, I,:r. Comer offering the following: (~4695) Jdl ORDINANCE to prevent the fraudulent sale and to regulate the sale and advertising for sale of distressed goods, ~ar~,s or merchandise, to impose certain license taxes thereon and to provide t~nalties for the violation thereof· -o page //386 ). ( For full text of 0rdinauce see Ordinance Book :,, . 8, I~r. Comer moved the adoption of the Ordinance. The motion v.~as seconded by L!r. l~o~'~'ell, and adopted by the f ollowinc vote: AYES: i~essrs. Bear, Comer, l'owell, -6inn, and the President ~,~. Small--5~. NAYS: Non e .... 0. RESID~,,~IAL DIoTaIoT-B~oINESo II~: A comm~_ttee having- been appointed from Council to co~ider the complaints emanating from residents in sections ~here business houses are aept open after midnight, havi~ investigated seine ane reported back to .~ouncil, presented the follow' ~ . ~ ~ng as an emergency ordinance, I.,tr Winn offer- ing the sane: (2~695) ~di ORDINANCE to prohibit keeping Open any place within any residential district of the City of Roanoke where wine, beer, or soft driuks are sold or offere( for sale after la:00 o'clock, midnight, and before ?:00 o,clock a. m., the follo~ving day and prescribinc punishment for violation thereof. ( For full text of Ordinance see 0rdimance Book No. 8, page aS& ). r. ~mnn moved the adoption of the Ordinance. The motion was seconded by ~Ir. Comer, and adopted by the following vote: A_~S: l, iessrs. Bear, Comer, PoweL1, 'Jinn, and the President !~. Small --5. I.LIYS: None ..... 0. ?'~__ ~ ~ r · T~o %UA~_~RL~ $A~A~NT: ~r Comer moved that Sections 4 and 5 of Ordinance ~io. &69~ providing for the quarterly payment of real estate taxes be anended in orde 'that the penalty and interest dates might be adjusted. After a brief discussion of the question, the hour being late, and Council having been in session since ~:00 o'clock p. m., l,~r. Bear moved that Council adjourn until 10:00 o,clock _a. m., L~onday, December ~0, 19~5. The motion was seconded by APPROVED idr. Winn and unanimously adopt ed. Theret~on, Council adjourned. ATTEST: .-~ _,/'~ Presiden~ I! COUNCIL, ADJOURNED MEETING, Monday, December 30, 1935. The Council of the City of Roanoke met for an Adjourned Meeting in the Circuit Couri Room, in the ~iunicipal Building, Llonday, December ~0, 1935, at lO:O0 o'clock a. m., for consideration of such mmtters that should properly come before the meeting. PRES~T: I.lessrs. Bear, Comer, Powell, Winn, and the President !Jr. Small --5. ABS~T: None ..... O. The President, ~,,~r. Small, presiding. 0~A~I CERS PRESh/~: ~?~r o :~. P. U_unt er, C it y ~.'mnag er. The question of amending Ordinance tJo. 469~, as brought before Council at its last meeting, ~as again discussed, l. Lr. Comer offering the follo~zug emergency Ordinance: (~4697) AN 0i~DINAitCE to amen& 8_u Ordinance passed by the Council of the uity of Roanoke on th~ 20th day of December, 1935, i.~o. 469B, entitled, "An Ordinance to amend and reordain Section ~ of an ordinance adopted December Egth, 1951, as heretofore ~ended prescribing when City taxes on real estate and personal property are payable, providing interest on and penalty for the non-payment thereof, and directing that notice be given in re~ard thereto." ( For full text of Ordinance see Ordinance Book i.~o. 8, page #~89 ). Comer moved the adoption of the 0rdin~ce. The motion ~as seconded by L~r. Winn, and adopted by the followin~ vote: AYES: ~iessrs. Comer, Powel], Winn, and the President ~2r. Small Ni~YS: ~. Bear .... 1. ( 5~. Bear requested that in re~istering his negative vote an explanatory notation be made that he ~'~as in perfect accord v;ith the quarterly payment plan, but was registering ~he negative vote in order that the record might be kept clear as to his opposition of allov~ing discount on anticipated payment of real estate taxes due). LIC~SE T~2<~S: Final proof of the License Tax Ordinance was before Council, having been read in its entirety at the last meeting of Council, and after some minor changes and consideration of publishing same in the Roanoke "World-He%:~s' at a cost not exceeding $&00.00, !~2r. Bear offered same: (#~696) ~ ORDIlqALC~ compiling and codifying ordinances, imposing taxes on licenses for municipal purposes, and prescribing penalties for violation thereof, and directing the printing of same in pamphlet form. ( For full text of Ordinance see ~rdinance Book No. 8, page #~88 ). ~. Bear moved the adoption of the .Jrdinance, and that the City Clerk be directed to have 1,500 copies of same printed in p,mphlet form, and that he also be directed to have the full ordinance published in the Roanoke "World-~e¥~s" the cost of the latter not to exceed $&00.00. The motion ~as seconded by ~[r. Po~ell, and adopted by the following vote: A~S: idessrs. Bear, Comer, Po%~e ]_l, ..~,_,~ ~_':[one .... 0. Uinn and the i:resident ~. ~,all --5. ~ILK: Mr. Bear brought before Council a newspaper clipping with reference ~ to the sale of milk in the Roanoke territory, and asked that the same be turned over to the Clerk -,';ith the request that he open up a file on this subject known as "Milk File." REAL ~S~:~Tm Ek~T~ 7~OL~C~,mN. The City ifanager brought to the attention of 497 498 Comlctl the necessity for an appropriation amounting to $1,055.00 'covering the employment of the three policemen for a ninety day period for special duty watching real estate vandals; whereupon L~. Bear offered the follov~[ng Resolution: (~4698) A RESOLU'ITON authorizing the employment of three police officers for ~a period of ninety days, and appropriating $1,055.00 for the payment thereof. ( For full text of Resolution see Ordinance Book No. 8, page 599.,) . Mr. Bear moved the adoption of the i~esolution. The motion was seconded 'by i.~r. Powell, and adopted by the following vote: AY'~ZS: ~essrs. Bear, Comer, Per, ell, Winn and the ~'resident L".r. ~wnall--5. CITY PH~fSICIAN: The City Manager brought to the attention of Council the question of employing a full time physician for the City of Ho~oke, effective as of Jemuen-y 1, 1958, which question has .heretofore been before council and discussed, advisi~; that he had t~,o api:,lications for the position. In this connection the l:resident, l, lr. Small, stated that he v~as offering as a su~igestion that inasmuch as the City's fiscal year begins July 1st, and as the question of public vJelfare is still in a state of flux, that it might be the best policy for Council to take no final action until consideration of the next budget, and that thc $ity Idanager be directed to ask the present physician now engaged by the City to continue on until f.xrther notice. Council ';;as unm~imous in their oi:inion that this action should be taken, and it ~.'as so ordered· The City Manager brought to the attention of Council the advice from-~_rs. Carden, Supervisor of iiom~u's v~ork, stating that she no%~,· has on her staff a portrait painter and offering her services for the painting of the portrait of any nember of ~om. uc il The President, ~Lr. S.ma !1, moved that L!r. Winn be designated for this sitting. The motion ~':as seconded by i,lr. Bear, and unanimously adopted. The City Manager advised that there will be a small charge for paints and .brushes· ~.,~z~:,~,. Y0b~TH ADiLihISTR~TI0!q: The City ~..[anager brought to the attention of Comucii a request from the L~ational Youth Ad.ministration for use of the old telephone buildin~g as a L~useum, to be headed by Mr, J. Riley Martin. The City Lianager is directed to advise that this space is not available at ~this time, it being the purpose of the City to utilize same for other purposes. There being no' further business, on motion of iLr. ¥tinn, seconded by i~_r. Bear, '..~' adjourned Council for the year 1935, wishing each and ~the President, l.~z. Small, every one a lrosperous and Happy Ne~J Year. APPROVED Friday, January 3, 1936. The Council of the City of iioanoke met in regular :.:~eetinfj in the Circuit Court in the i:unicipal:Building, Fliday, Jannary 3, 1936, at 2:00 o'clock p. m. I~RE£2[i~': l.~essrs. Bear, Comer, !'owell, .ji,un, ap~l the ~resident l,:r. Small--5. ,~,. : None 0. The /'resident, i.lr. Small, p~esiding. City ,.:~,~-o: It appearing that a¢o!? of the minutes of t~e previous neetin~ having been f~rnished each m~ber of Council, u~jon notio~, duly seconded, the read[nc is ~.,ensed ~:Jith, and the .minutes &?proved ,as recorded. oor:nr, u:~ication from 'the Roanoke Tuberculosis &ssociation statin~ that a communication from the instru.czive Visiti.~:j iiurses ,isso- iation had advised 'it would discontinue furnishing nurses for the chest clinic or ~he follow-up, the Eoanoke Tuberculosis .-.ssociatim recorm;endinc that a tuberculosis urse be placed in the ._e=_!th Departrrent, and that prov~sio,as be made for transporta- -~ion of I.~atients to the chest clinic when necessary. Before action was taken on the commu~Lication, ing Nurses ::ssociation rms read. .~o~,,,= ~_.:. ,~ communic ati on from the In£t ructive letter frmn the Instructive Visit- Visitinc i,:urses .issociation advising that the program of including tr~_n~ortation to and. from the Roanoke Hospital Clinic and a nurse in attendance at the clinic, be discontinued as of ja'nuary lst,the I.. V II. '. to do bedside nursing only wo u 1 d The t~'~o commtmications, one from the Roanoke Tuberculosis Association and the one from the i. V. N. A. were discussed jointly, it bei~ suggested that some plan might be ~orked out to consolidate the clerical work of' the Tuberculosis :kssociation ~,'ith that of the Zonir~g Board, final action being, on motion of Mr. Winn, seconded y i:r..Bear, the t~Jo communications are referred to Lir. Pov:ell and L.~. Htmter to ~onfer ~ith the t~'~o f~ssoc iations and bring back a report and recoL~m~endation to ;om~cil. communication from ~. L. Mason, ::,. D., asking.' for refund f Physician's License taxes, paid for the year 1935, as a result of bein~ incapacita- bed and confined to a hospital since March 25, 1935, and being unable to resume his )ractice, vms read before Co-ncil. After a discussion of the o_uestion, mud :..lt. Comer advancing the thought that to such a refund would be establishing a bad precedent, ?ollowing Resolution: Lit. ~-,'inn offered the (#4701) ~ REcOLd.ICL to refund R. L. Mason, ;.' D., three-fourths of Physician's '~icense 'fax paid for the year 1935, amounting to .~18.75. ( For full text of Resolution see Ordinance Book ilo. 8, page 392 .). ',;inn moved the adoption of the Resolution. The motion was seconded by tear, and adopted-by the following vote: AYES: Messrso Bear, Powell, Winn, and the I-'resident L~._~. Small ---4. iiAYS: None ..... 0. ( llr. Comer not voting). 12 REAL EST_ATE: The following communication frown the Roanoke Real Estate Board with reference to action recently taken by Council in providing additional Special officers in connection with loss and damage to property by vandals, was before Council. "Dec ember 31, 193~5, City Council of Roanoke, !Municipal Building, iRoanoke, Virginia. Gentlemen: On behalf of our menbers and their clients me ~ish to thank you for your recent motion on the vandalism question. I;e are very hopeful that the plan no%'J in operation will succeed in curbing the racket ~'hich has caused us such a great trouble. ( Signed ) Very sincerely, Roanoke Real EsTate Board, Inc., By J. W. Boswell, Jr., Secretar y-Treasurer." The communication is ~ceived and placed in the "kind Words" File in the office of the City Clerk. u~.o~._~u.~,, B0-~.RD-C0~..~ooIONER OF ?~E~.~.,~WJE. A communication from the Compensa- tion .Board advising the salaries and expenses of the office of the Commissioner of Revenue for the calendar year beginnin~g January 1st, 1936, in accordance ~ith joint Resolution No. 4618, adopted by the Co~mcil of the City of Roanoke on October 2,1955, ~'..'as before Council. The communication is filed. C ~,~;EN~ATION BOARD-CITY ~' ~'-~'~- ~lt~ou,,~. A com~ntuLication from the Compensation Board advising the salaries and expenses of the office of the City Treasurer for the Calendar year begi~zuing January 1st, 1936, in accordance with joint Resolution No. &615, adopted by the Council of the City of Roanoke on October ~, 1930, was before Council. The communicaticn is filed. CGL~n~oATION BOARD C~,2,~0N,,.F~L~H ATT0~,;EY: A communication from the Compensation Board advising the salaries and expenses of the office of the Commonwealth Attorney 'for the calendar year beginning January 1st, 1958, in accordance with joint Hesolu- · ti°n No. 4617, adopted by the ~.~ouncil of the City of Roanoke on October ~, 1935, was before~.~ ._C°uncil_._. The_ conmuuni cation i s filed. ~ DEL±A..~JjL~.~ T-.~_X ' '~ ~'~"~ SA Delinquent Tax Collector appeare before Council and. submitted statement of collections by the Delinquent Tax Depart- merit for period from October 1st to December 31st, 193~, sho~ing total collections of $26,42B.38. The report is filed. ~ The question of transferring the 1933 real estate taxes to the office of the iiDelinquent Tax Collector was brought before Council and the best method as to numb~ril ~f paTments, the question being referred to the Delinquent Tax Collector and the C].t~. Auditor, together ~Tith the City Clerk, to ~ring before Council at its next meeting the proper resolution for the transfer of the 1933 Delinquent Taxes and the method Of collecting same. C0"~.~PLAINTS-NOISES: A communication from ~. Russow, Jr , cmplaining bi' noises 'made by automobile horns in the vicinity of Day Avenue S. '~., between 6th and ?th ;otreets near the Colonial Club, vJas before C~uncil. i l iv.~ith other anti-noise subjects ~ORT OF OFFICERS: The communication is filed alor and expenditures for ~-eek ending December 26, 1935, showing REPORT OF THE CiTY LL~H.iAGER: The City Manager submitted report of work accomplish- garbage removal of i! 1 sixty-two cents per cubic yard, an increase over the last report. The report is filed. ;~PPOI~ff~.,Ih~tTS-POLICE DEI:A.~T%ih~'£: The City Marmger reported the appointment of Robert Scott Cassell, age twenty-seven, as Patrol Chauffeur, Roanoke Police Department, effective January 1, 1936. The report is filed. A1LISHOUSE: Report for the Almshouse for the month of December, 1955, was before Council. The same is filed. RE?0J(T$ OF CG~;ITTEES: None. UNFii!ISHE~D BUSINESS: None. CONJ~ "~"' "' ~"=- None RE,LL .... '"' '":' ' '" ,'.~¢~-~¢'-'". L,'-'-.'I~ BOOK: The question of providing for the preparation of land book to 12tm. it the Quarterly !~:ayment plan recently put into effect, vms before Council and discussed, lf.r. Bear offerings the follorJing emergency ordinance: (~4702) Ail 0;{Di,~,~,~. providing for the preparation of a Land Book for the City of Roanoke. ( For full text of Ordinance see ordinance Book i'.~o. 8, ~age $92 ). Bear moved the adootion of the Ordinance. !,~r. '.,'inn, and adopted by the follov~ing vote: The motion %Tas seconded by ~._~o: Liessrs Bear, Couer, t'o;vell, ;,'inn, and the l'resident lit Small--5 NAYS: None . ~:~Ji~D~ rd, iD,~:~.~ ~;~"',..~. The City Clerk advised Council that the taxes on machinery, tools and equipment had been paid by the Roanoke Lelding '.Dompany for the years 19~ and 1955, amom~ting to ~554.14, and that on the forty-five percent asses~uent of book value as previously agreed, the refund amounted to $292.58; :':hereupon, i.'_r. Bear offered the fol!o~Jinzs Resolut ion: (#4700) A ~ooL~,.,t0I., to refund The Roanoke Weldi~ Company $292.38 covering excess assessJ.~.ent on i~aohinery, tools m~d equipment for the years 1954 and 1935. ( For full text of Resolution see 0rdimnce Book Eo. 8, page 391 ). Mr. Bear moved the adoption of the Resolution. The mo%ion vms seconded by iLr. Comer, and adopted by %he following vote: .=.~v."~',~. i.!essrs. Bear, Comer, Powell, ',,'inn, and the i-resident I,ir. STmall ---5. N=_YS: None CITY R. Kennett, City Treasurer, submitted report sho'~ring collections for the month of December, 1935, amounting to $411,284.73, as compared with ~49~,462.35 for the same !~riod in 1934 The report is filed MOTIONS M,!D 1-.'~oC=LL~Hq.,.0U~ Bo~INEoo. CITY ~UDITOR: The City Clerk is directed to request the City ~uditor in submitting his ~'~eekly report, showing the cash position of the City, to also show the relative cash position at the closest comparable date possible for the precedin~ ye ar. ~ ...,~,, M.ID ~ID~,,J~LK ~.~oS~.So~,Y~: The City Clerk reported that he had investigated the 2uestion of releasing side~alk asses~r~ent on Lot 9, Section l~, Exchange Build-' lng Company, as requested by Mr. J. P. Flippo, and particularly with reference to any action taken by Council on his previous appearance before the body, the records showing that he appeared before Council on M y 4, 1928, treferred to the City Manager and City Clerk. and that the ~atter v~as ~h'. Flippo that it appears that the The City Clerk is directed to advise assessn~nt was legally made, notice properly given, the sidewalk 1~ operly construct and the assessment made, and for that reason there is no action that Council can consistently take in releasing the assessment. .CITY CLERK: The City Clerk brought to the attenti~ of Council the question cf transferring to his office an old type;~riter being reply, ced in the Treasurer,s ~office by a ne~ machine, the trade in value being $5.00~ which amount would have to · !be appropriated in order to make the transfer, the Treasurer's appropriation being insufficient to purchase the new machine outright. The City Clerk is directed to prepare and bring? be.fore Council the necessary Resolution authorizin~ the transfer and n~king the appropriation. LICFZiSE T~_~S: The City Clerk brough, t before Council an invoice ~u,~ounting to $400.00 covering cost of publishi~k~ License Tax 0rdinamce in the Roanoke "~jorld-News" 19~6, and advised there are not sufficiemt funds in the account to on January l, d pay same. It was the unanimous opinion of Council that a special appropriation to ~gy this account should be made, i~.Ir. Bear offering the following Resolution: (~4703) A RESOLUTIOi? directing the City Auditor to draw warrant for $400.00 in pa.~ent of invoice covering cost of publishing License Tax Ordinance in The Roanoke "Vorld-NevJs" on January 1, 1906, and appropriating funds therefor. % ( For full text of Resolution see Ordinance ~ook No. 8, page ~0~ ). iLr. Bear moved to adopt the Resolution. The ~otio~ was seconded by h~. Pox. Jell, and adopted by the follo~inc vote: AYES: }dessrs. Bear, Co.mcr, Pop, ell, ¥~inn and the President ~,~. Small --5. HAYS: None ..... 0. LIC~,~SE TAD[: The question of license on out-of-tovm bsdceries as provided for and prescribing Densities for violation thereof, ~in Section £0, of the ne~v License Tax Ordinance, amounting to ~100.00 on each :vehicle, r~'as before Council, it being the concensus of opinion that this Section should possibly be repealed and deleted from the Ordinance which is now in the hands! · ~of the printer; ~'~hereupon, ~.~r. Comer offered the follow".z~g ~mergency Ordinance: {#4699) ~,~ 0RDINA!~E to repeal Section ~0, "Bakery Products" of Ordinance No. ~696, adopted by.the Council of the City of Roanoke on December ~0, 19BB, 'entitled, "An Ordinance compiling and codifying ordinances, imposing taxes on licenses for ' and directing m~uuic ipal purpos es, the printing of same in pamphlet form." ( For full text of Ordinance see Ordinance .~?~r. Comer moved the adoption of the Ordinance. Book No. 8, page Bgl.). The motion ~'~as seconded by F !idr. Bear, and adopted by the follow~_ng vote: AYES: ~iessrs. Bear, Comer, Powel~, Winn, and the President l~Lr. Small--5. ~Z~. Hone .... 0. B~IDGES-FR~E~IN ROAD: The City ~.anager brought before Council detailed plans of the Franklin Road Bridge over Virginian Railway tracks, as submitted by ~'~ A. '~ .~Traugott, Chief Engineer of the Virginian Railway Company, together with the follovi copy of letter to ~r. C. S. ~ullen, Chief Engineer, Department of Highways: ~g ~r. C. S. Mullen, Chief Engineer, 2apartment of Highways, Ric hmo nd-Vt rg i ni a. "December 30, 1935. Dear Sir: · In accordance with our telephone conversation this morning regarding the proposed overhead highway bridge, Franklin Road, Roanoke, Virginia, Route EEO, Project 1027B2. I am sending you under registered first class mail today the tracings consisting of ll sheets of details of construction and quantities for overhead higtu~ay bridge, :,i. P. 24Z.0, Franklin Road, Roanoke, Virginia, our File No. C-O~A0. I am also sending you under spearate cover by insured tm rcel post ~he following: 6 Sets of prints of the above I&ans. Prints of Specie! Provisions to be includ~ed with the contract for the construction of the bridge covering regulations as to the manner in ~'~hich the v~ork is to be done over the Railv~ay Company,s electric catenary ~[res. CopLes of estimate of cost. The work is to be done under the State Hig~v~y specifications, therefore no' !specifications are enclosed, and I assu~..,.e you will attach your standard specifications in submitting to the Bureau of Public Roads for approval. ~ With refe~'ence to your letter of Nov~.mber 12th concerning the added cost ~f the bridge amounting to $7,000.00 to secure tl~e bridge Tot the increased facility of 6 tracks, the Railway Company ~','as advised by if.,r. ~.~ w~. Small, Liayor of the City of Roanoke, .in his letter of November 18th to our President, Lir. Carl Bucholtz, that the City of Roanoke will agree to pay th~ added cost of ~7,000.00 and would so advise C.hair.man Shirley of the Highway Co'.,-'m~ission, and I assume that he has done so. The general layout, ~hich gives sufficient information as to the type of construction and completeness of the bridge, has been approved by the Roanoke City 'Council ~nder their resolution of ilov~ber 1st and subsequent correspondence after the conference of City i,lans~ger Hunter, Lit Chap~,~an and myself with you ~nd ~hmrley in your office, and prints of the detail plans are being sent to City Idanager Iiunter ~'~'ith copy of this letter. I trust the ~lans are satisfactory to you and the matter is in order so ~.~ou can.sub.mit same to the Bureau of Public Road.s for approval and that an early start can be made on this work. t Yours truly, ( Signed ) A.M. Traugott, ~ Chief Engineer ." The plans ~ere discussed at length, Ltr. C. L. Uatkins, City Engineer, stating that the plans as subrait~ed confo~..?.ed to all detail with what the City asked for; whereupon, l.Lr. Uin~ noved that the City Manager be directed to confer with i.lr. lZullen, Chief. Engineer of the Department of Highu'ays, to ascertain when the plans will be transmitted to the Bureau of Public Roads, and to re.~ort back 'to Council in order that such help as seem necessary to expedite the a~roval of same .;~mght be solicited from representatmves at Was!~ington; and that he also be directed to obtain options for right-of-way of the proposed bridge, .~ith the understanding that the o~f~ons ~-~ill be exercised and in ~ne absence of reaching an ~reement for opti ohs, the City ~ill precede to acquire the necessary right-of-v,'ay under condemna- tion proceedings after the final plans ~have been a'pp~_oved by the Bureau of l~Gblic ~oads and the Depart~aent of l.iighvJays. The motion ~';as seconded by kLr. Bear, and ~, n s~u~nuous !y adopted. DELIN'. ?'?' "'~ ~U~,.,.~ T~,~,Eo: iLr. Bear brought to the attention of Council an item published in The Roanoke Times, under date of january 2, 1936, entitled, "Advmsory Board to meet '~onday,' reports on accident prevention m~d tax delinquency to be · eceived", and suggested that the .Council of the City of Roanoke should delegate someone to attend the meeting. After a discussion of the question, i.,[r. Comer moved that the City Clerk ~e directed. ~o communica, te w~th the .League of Virginia Municipalities, csiling to heir att nt:on the article ~n question mith the recuest that the City of Roanoke ,[be fully zr~'ormed as to the results of the meetirks;~' and the action taken, ~<-articularlY reference to tax segregation. ii~'i t h~, The motion was seconded by _',,:r. Po~ell and 5 a~d unanimously ad opt ed. DOGS: The City Manager brought to the attention of Council the information that the Game ',,'arden was anticipating a drive on collection of License for dogs, the City :%.~'o~ger~,~, being directed to give all the cooperation possible and such publicity as · !m:l. ght assist in these efforts. ~.~.~,,~..~: The ~resident, ~.~.r. small, brought to the attention of Council and the City ::lanager, and e~ressed his a?preciation and congratulations on the · :effective and efficient job done by the Street Cleanin~ Department in clearing the !streets of the recent sno~'~. ! b~PHOLST~Y: O. I.[. Thompson, 806 South ~fferson Street, appeared before Council ix'~'~.th reference to a nex'; license on upholstering, advising that the place of business he ~:as conducti~ r,'as a part of a t~'~o-car garage, and that all work ~'~as being done :by himself, ~.rainly repairin~ ~\~rniture s~d doing no upholstering. He asked if he a':ould be required to secure the license as ~rovided for in the n~'..' License Tax ~'-'rdinsmce,~. and ~.:as~ advised that the ~tter ~:'ould be given consideration by the Co.v._~.issioner of ~evenue, and if it should be concluded that a license ~ould be 'necessary, he v~ould be so advised; other~'~;ise, he ~'~ould hear nothing further from Com~cil. ~.-~:,~z~ ~0DE: The iresident, ~-. S_~.mll, brou:.~:ht to the at~n~zon of Council tb~t ' ! .question of codifyin.~ the p~sent Traffic Ordinance e~ressi~u the thou..'-~ht that I. ~'," itl * ;~ _ ~..e com,~letion of this ;':ork the City v;ould be in a better position to properly supervise and enforce infractions of the la~.~s, %'lith a vie%'~ of curtailing traffic accidents. The ~.=ue~--tion ¥:as discussed at length, it being decided 'to appoint a committee to the extent of holdi~u public heari~ in order that the Traffic Code, ~ight be comprehensive. Tot this work ~','ho ~':ould be empowered to .&~ther all the information necessary, even ~'~hen complet id.., The c o~_ittee aT~ointed is composed of ~essrs. Bear and ',,~i~m from Council, City ljana~er :.. P. Hunter, Civil and Police Justice, Harris ~. Birchfield, and a re?resentative from the :olice Department, to be nmmed by the City i, ianager, probablyl. Hough, the Com~_ittee to call on the City Clerk for such .cooperation as seems necessary, and the Co~umittee to organize and elect a Chair~man. '~ The conuaittee is re~!uested to make report to Council prior to April 1, 1936. There being no further business, on n~otion of ].~.r. l';inn, seconded by !.lt. Po,.,;ell, Com~cil adjourned. APPROVED President f"~OU~CIL,'"" o}'LC I~L M~-~ IhG, Yonday, January 6, 1936. The Council of the City of Roanoke ~:~t in J!Jecial Meeting in the Circuit Cour~ Room, in the i.lunicipal Building, i.]onday, January 6, 1936, at 3:30 o,clock p. m. FRESh,iT: Mecsrs. Bear, Comer, io~11, ',Jinn, and t~m President ~.Lr. Small --5. ~BSEi~: None ...... O. The lresident, iLr. Small, presiding. OFJICERS i~RES~T: LLr. U. P. Hunter, City Manager. The President, Llr. Small, stated the S~ecial L.~eetin~ of Council h~d been calle~ at the request of some of the members for the purpose of considering and rec~.mmend- lng to rei~resentatives to the Virginia Legislature from this district certain Char- ter changes v~hich seem des ireble. Mr. Bear stated that certain desirable amendj-.~.nts had been drafted into the fo~m% of a Resolution and offered the follo¥~ing: (~470~) k RESOLUTIO.N suggesting certain revisions and amend~uents to the Chsrter of the City of Roanoke for the information of representatives in the Vi~iuia Legislature from the Roanoke District. ( For fUll text of Resolution see Ordinsnce ~ook ~,'o. Ja page 393 ) Bear nmved th~ adol~tion of the Resolution. The motion was seconded by i.lr. Linn, and after a discussion of the separate items as enumerated, ador. ted b-~ the follo~ving vote: ~L=o: 12essrs. Bear, Po'~Jell, and the President Idr. Small I.~YS: None .... O. .,;z. Comer having dissented from some of the provisions of the Resolution stated he ~'Jas unable to support same and asked to be registered as "present". L~ISCZLLJOiEOUS: Mr. Bear presented the follovJing, stating that it :'Jas for the infoz~a~',~-~'"on' of Cotmcil, and to be made a _mart of the minutes of the ~ ~ .~' m~et_n~, to bo carried as "Unfinished Business" for th~ purpose of further discussion. "I desire to call attention to certain nmtters which Council should give serious consideration during the early part of this year. These matters are in addition to such things as are mentioned in resolution heretofore offered and adopted by this Council at this meeting: _ ~ are as fo!!o~..'s: 1. Council sho~ld study, consider and set up at the p. roper time a Public i~'elfare Depart~.'~nt, under its o~,'n control, broad enough and sufficiently elastic to handle a_l.1 local ~Jelfare services amd social security activities. 2. Create, set up and maintain a Pension DeDart.~..ent on a sound actuarial basis covering certain City groups in lieu of the present unscientific set up no~' maintained by 'the City. 3, To study and _~co~.m~end for adoption a safe and sound plan of Civil Service for the major ap_oointive public officers of this City, no matter in what manner or by whom such employees receive their appointments. 4. To Study, consider carefully and make report thereon, of the activities of all public utilities serving the City of Roanoke, having in mind the Uater, Company, the Street Car Company and the Bus Company---the latter to be studied in connection ~,ith the Taxi situation in this City,---this revie%'l and study to be made in order to arrive at a fair basis for re. re schedules ~_~d ability of such utilities to furnish a fair public service to the citizens of Roanoke. 5. To study and report upon new franchises to be granted to certain of our l:ublic Utility Companies, whose present franchises will expire in the near future. This study to be made in conjunctio~ with that provided for in im'ragraph' next above. % 6. To study and report on a re-arrangement of office quarters in the present L[unicipal Building and the utilization of space for public offices td be installed in the recently purc~based C. & P. Telephone Building. ~. To study and report upon the wno!e system of law enforcemsnt in this City, including the Civil and Police Justice Department, Juvenile and Domestic Relation IDepartment, an.d all other de!artments in tl~is City in oharge of law enforcement. ,! CLOSIN0 HOURS: The President, Mr. Small, brought to the 'attention of Counoil [an item appearing in The Roanoke ;iorld-Ne~s with referenoe to appeal from fine !imposed on the manager of the Dairy Fountain, 629 Carte~ Road, Raleigh Court, by ithe Civil and Police Justice in violation of Ordinance No. A693, prohibiting keeping iopen any place of business within any residential district of tho City of Roanolm, ?~here wine, beer, or soft drinks a~ sold, or offered for sale after 12:00 o,clock nidnight, 'the President suggesting that th~. ordinance was ~ra~m by the City Attorney ;'and that the City Council should take such action as seem~ necessary in upholding ~the legality of saue. :~ .~fter a discussion of the question, Mr. Bear moved that the City Attorney, 'judge Jackson, be requested to assist the Co~nuonr:ealth i~ttorney, Mr. R. S. ~mith, in the prosecution of x,~arrant against the monager of the Da~'y Fountain, to be heard in the Hustings .~ourt on a!~,peal fro~u the Civil and ~:olice Court for the ?ur~ose of upholding 0rdin'~nce No. 4693, adopted by the Council of the City of Roanoke on DeceL~ber 27, 1935, providing for the closing of business houses selling or soft dri~:s in residential districts after 12:00 o,clock midnight. ~ine, beer, fn~d further, that the City Clerk be directed to con~nunicate ~vith the ABC Board and asi: befoz'e license to sell wine and beer is issued to this concern, that Council be given an o~portunity to be heard on the question. The motion ~'Jas seconded by ~,~r. ~,;inn, and unanimously adopted. ~ ~'~_I. ;~inn, There bein~ no D~ther business, on motion of i.~r. Comer, seconded by "~ Council s. dj ourned. AP?ROVED President ¢0UNCIL, REGULAR MEETING, Friday, January 10, 1936. The Council of the City of Roanoke Court Room, in the Municipal Building, p. m., the regular meeting hour. PRESENT: Messrs. met in regular meeting in the Circuit Friday, January 10, 1938, at 3:00 o'clock Bear, Comer, Powell, ~inn, and the President lfm. Small--5. ABSENT: None ...... O. The President, Mr. Small, presiding. . '~ity Manager. OFFICERS PRESENT: Mr. W. P Hunt er, iti MINUTES: It appearing that a copy of the minutes of the previous meeting having Ibeen furnished each member of Council, upon motion of Mr. Winn, seconded by ~r. lPowell, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC ~IATTERS: LICENSE TAX: Judge John M. Hart, Commissioner of Revenue, appeared before Council with reference to Section 6? of the License Code, dealing with fertilizer agents, asking that Council clarify the intention, and whether or not this license should be paid as a privilege tax on dealers of seeds and farm machinery who also handle fertilizer. The Commissioner was advised that the section was not intended to apply to such concerns who operate under the regular merchants, License Tax, but is intended to apply to manufacturers of fertilizer and their agents. lii LICENSE T~: Mr. C. D. Fox, Jr., Attorney, representing loan companies operating in the City of Roanoke, appeared before Council with reference to Section 88a of the L. icense Code, asking that the tax of $2.00 on capital in excess of $2~,000.00 be' reduced to the ~1.50 rate as previously applicable, stating that one of his clients t had been left with the impression this was an error in compiling the code, and that the rate would probably be corrected, but on second investigation was advised that the rate had been changed byA Council. The question was discussed at length with reference to comparable rates in other cities, particularly Norfolk and Lynchburg, evidence being submitted showing that rates in these cities are fixed at $~.00 per hundred on capital in excess of '~ $25,000.00. The petitioner was advised that inasmuch as there were other questions with reference to License Code to be heard during the meeting, the question would be held in abeyance, and all sections determined in Executive Session, a~d an answer given later during the meeting. LICENSE TAX: Mr. Charles M. Broun, Attorney, representing the National Theatre Corporation, appeared before Council asking that Section 12 of the License Code be amended to reduce the license on moving picture theatres, which license had been raised to five cents for the year 1936. The Presidial. t, Mr. ~l. 1, advised that the rate of five cents per seat was only: one-half of that charged in other cities, and that Council in fixing the license was of the opinion that the increase was nominal in view of the seven day~' operation but that the matter would be considered of moving pic~mre theatres as now exists, by Council, and some agreement reached. 9 After a recess of ¢ounotl, the Fresident advised that Section 88a, dealing with loan companies, and Section 12, dealing with moving picture theatres, had been considered, and that it is the unanimous sentiment of Council that the License Code as now adopted remain in force and effect for the year 1936, and that the City Cler~ be requested to make proper record of exception to the sections, and when the questi !of.~ License Tax for the year 1957 is considered, if it can be shown that some undue hardship has been imposed upon any business operating under the 1936 License Code, fCouncil will be disposed to make proper adjustment and revisions for the year 1937. SE~EH AR~ SIDEWALK ASSESSM~IT: Colonel James D. Johnson, Attorney, appeared ibefore Council asking that sidewalk assessment on Lot 8, Block 7, ~'est End Land ?Company, 8mounting to ~41,66, with interest from M~ch 1, 1023, standing in tho I. 'name of ~'. E. on September isidewalk and sewer assessments against said property have been paid." ~ Attorney Johnson stated that Mr. Goodman, the present owner, has now received Goodman, be released, presenting abstract of title made by an AttorneYI[ 2, 1920, showing "The Clerk of the City Council informs me that the ~ ~n a notice from the City Clerk, dated Novenber 15, 1935, advising the ment remains unpaid. After discussing the Question, and Mr. H. P. Glasgow confirming sidewalk assess- the statement made by Attorney Johnson, on motion of i.lr. Comer, seconded by ~,~r. Powell, the Question is referred to the City Clerk for investigation and report to Council. ROANOKE WATER WORKS C~PAh~: Mr. Frank W. Rogers, Attorney for The Roanoke ¥;ater Norks Company, together with other representatives appeared before Council in the interest of increased v~ater rates for his client, and read prepared statement with reference thereto, (see full text filed in office of the City Clerk) in which it was stated the company would make application to the State Corporation Commission for certain increases in water rates, and presented schedule of proposed increases, it being stated the greatest increase wo~ld be for ! paying $34,965.00 a year for 777 hydrants at $45.00 fire hydrant rental, the City now each, and u~der the new schedule the City would pay for the existing hydrants $50,505.00 a year at the rate of $65.00 each. ' The President, Mr. Small, stated on behalf of Council, that the appraisal of f ~the Water Comlmny by the f52m of ~!len J. Saville, as subm!tted to the City through ~the Corporation Commission had been given careful study, and has been given a pretty ..thorough ex~mirmtion by ~r. S. H. Barnha~rt, and that the report for reasons best kno~ to the Council has not been made public, but without violating any confidence, Council will at the proper time make the report public. However, Council finds itself in very substantial l~at er Company. The President stated further that with refereace to fire hydrants, ,,~ fully aware of the immediate needs in this ~2ection, disagreement with the report made by Allen J. Seville of the Council is and that the new =ares no~ submitted by the Water Company, which he understands will be presented to the~ State Corpo:mtion C~_'l_ssion for Increased rates will bring the water situation to ;.a focusing point so far as the City of Roanoke is concerned, and that undoubtedly Council;: will have to oppose these rages on the basis of appraisal of the plant, as Council is convinced the present value as fixed by the Allen J. Seville report can be substantially reduced, but that the final poltcy to be dete~Sned with respect to this, he is not prepared to speak for Council !. matter would have to be taken under advisement; in any way at this time, as the stating further that he feels this application will bring the whole question into the open, and that Council will have to reach some determination as to the attitude &~d policy the City of Roanoke is going to take with respect to its water supply, A,d what that policy will be he c~nnot say at tne moment. The question is one of Roanoke,s not only from the i~nediate, but the future st_-~dpoint, growth of the community, and he most important problems, for the attraction of in- is inclined to say that with have to meet the challenge and protest the in- of its ability to do so. client, stated he was sorry the President had used dustry and the n-rural this report Council has, it might terests of the City to the extent Mr. Rogers, speaking for his # the word "challenge,. and in commenting on the question· stated he realizes Council · has no control over water rates as that is a matter of the State Corporation Commis- sion, but feels as a matter of courtesy the proposed rates are being presented to Council, and that while the company will have to lmve the aggregate increase rates suggested, the matter of changes from one bracket to another will be open to sug- gesti on. After further discussion of the question, the i-resident, Mr. Small, stated that he knowns of nothing Council can say at the present time, as the question will ihaveto be taken under advisement for action later, but that the ~ater Com:oany might ~as well be prepared to go along with its presentation to the' State Corporation iCommission, at the same time expecting opposition from the Cm y, as it is a Question of difference of opinion, and that is perhaps the one way to settle the question, ithat "money is cheap, and the City's credit is good" and if there is no opposition · 'On the part of the ;,'ater Company to delay action one or two weeks in order to give ~ouncil time for an Executive Session, the company will probably hear from Council, i-if we have to enter the ring, we v~[ll shake hands before and after." REAL ESTATE: i,&r. Murrell ;,eaver, representing the Hoanoke Real Estate Board, ~i ~ppeared before Council in the interest of loss and damage to real estate by vandals~ hnd the difficulty experienced in convicting vandals under the present City Ordinance, Suggesting that an ordinance should be adopted paralling the State law, as provided '~ ~n Section i~79 of the State Code. The question is referred to the City Attorney with instructions to draft the ~roper ordinance for consideration of Council at its next meeting on Friday, ~anuary 17, 1936. PETITIONS ~D C~.'3MUNICA~KONS: ~ STATE HIGHWAYS ~;ITHIN CITY L~ITS: A communication fr~n l..!r. A. H. Bell, of the epargment of Highways, with reference to resolution providin~ for forty feet roadway between curbs on Ninth Street, N. E., from Lynchburg Avenue, at any time in the '~ ~uture when traffic demands, and to be constructed by the City at its o~,m expense, ~as before Council. On motion, duly seconded, and unanimously adopted, the question is referred to She City Manager to confer with the City Attorney for drafting of proper resolution along the lines requested, without obligating the City to undertake this project ~nless the necessity arises. [isiting Nurses Association advising of two Tuberculosis cases needing medical and xursing attention, were before Council. INSTRUCTIVE VISITING NURSES ASSOCIATION: Two communications from the Instructiv~ I Copy of communications having been forwarded to the City Manager and he advising ;hat the cases have been given the proper attention, the communications are filed. 12 COMPLAIIITS: Copy of communication from Mr. R. S. Smith, Commonwealth Attorney, addressed to the ~erchants, Protective Association in answer to their letter of November 29, 1935, complaining of gambling devices and #gip" games at fairs, oirouse :or elsewhere, as being illegal and contrary to the interests of the citizens and ~business men of Roanoke, was before Council and discussed, Mr. Powell stating that 'the question was a serious one and should be given study; the President, Mr. Small, isuggest lng if Council has a responsibility in this matter, it should perform it,but ?does not think Council can undertake to perform the ~of the legally constituted prosecuting officers of the City, and certainly not going to att~pt to enter the domains of the Court. After a further discussion of the question, Mr. Comer suggested responsibility of law enforcemen that Council is about as far as 'Council can go in the ~tter is to let the City Manager known that he has the moral support and backing of Council in questions of this kind. The communication is filed. CLOSING. HOURS: A communication from Robert C. Jackson, reference to an appeal case pending in the Hustings Court, City Attorney, with involving the validity of.. Municipalities, with reference to advanced reports on accident prevention and tax the Closing Hour Ordinance recently adopted, was before Council. The communication is filed · LEAGUE 0F VIRGINIA MUNICIPD_LITIES: A communication from the League of Virginia delinquency prepared for the Governor of the State, ~as before Council, the League advising that copy of these reports would be forwarded for the information of Council at the earliest possible moment. STREET I~ROV~'L~T: A commtmication addressed to Councilman Bear, with reference to opening~ Morrell Avenue, S. E., was before Council, the City Manager advising it would be impossible to begin this work until Spring. The communication is referred to CounciLman Bear for acknowledgment. CROSS-OVER: Application of P. L. Akers for permit to construct cross-over at 1001 k°arrington Road, was before Council, the City Manager recc~nending that a permt be ~ranted. M~r. Bear moved that Council concur in the recGnmendation of the City Manager, and offered the following Resolution: (~$4707) A RESOLUTION granting a permit to P. L. Akers to construct a certain cross-over. ( For full text of Resolution see Ordinance Book No. 8, page 396 ). Mr. Bear moved the adoption of the i~esolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYF~: Messrs. Bear, Comer, Per, ell, '~inn, and the President Mr. Small --5. NAYS: None .... 0. ROANOKE NAT~_iR WOHKS COMPANY: Application of the Roanoke Water Works Company certain water main. Bear, and adopted by the following vote: ( For full text of Hesolution see Ordinance Book No. 8, page Mr. Ninn moved Dhe adoption of the Resolution. 396 ). The motion v~as seconded by Mr. for permit to open Norfolk Avenue and Eleventh Street, S. W., for purposes of laying 2 inch main a distance of gOO feet, was before Council, the City Manager reccmmendin{~ t~hat a permit be granted. Mr. Winn moved that Council concur in the recommendation of the City Manager, and offered the following resolution: ,~ (#4708) A RESOLUTION granting permit to the Roanoke Water Works Company to lay AYES: Messrs. Bear, Comer, I'owell, winm, amd the President Mr. Small --5. NAYS: None ...... 0. ROANOKg GAS LIGHT COMPANY: Application of the Roanoke permit to s id ewalk, gas main, was before Council, the City Manager recommending that the permit be granted. ~;~r. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Hesolution: Gas Light Company for open street on Staunton Avenue, East of Tenth Street, between curb and approximately 200 feet East to dead end, for purpose of laying a 4 inch (~A709) A RESOLU'~ON granting a permit to the Roanoke install a certain gas main. Gas Light Company to { For full text of Resolution see Ordinance Book No. 8, page 39~6....). Mr. Bear moved the adoption of the Resolution. The motion was seconded by 1dr. I~owell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ',',"inn, and the President LLr. Small --5. NAYS: None ..... 0. REPORTS 0F 0FFICERS: REPORT OF THE CITY ~tANAGER: The City Manager submitted report of work accom- plished and expenditures for the week ending January 2, i~removal sixty-three cents. The report is filed. C01~,~SSIONER OF Rk¥~,.~IE: The Commissioner of Revenue submitted report showing _ summary of license for the month of December, 1935. The report is filed. 1936, showing cost of garbage AI~JORY: The City Attorney appeared before Council and reported on abstracting title of City property contemplated for use of new Armory building, advising that the necessary titles had been examined and the ¥;hole question ready for action of Council at any time. REPORTS 0 F C0},~.~[TTE.~:S: ROAN02LE TUBh~CL~LOSIS ASSOCIATION: A committee composed of Messrs. ,, P. Hunt er and Councilman U. ~,'~. Powell submitted the following report and recommendation with reference to the question of Tuberculosis Control Yjork. "Regarding the communication from the Roanoke Instructive Visiting Nurses Association advising that they will discontinue all Tuberculosis Control ~ork except bedside nursing of indigent patients, after jsnuary l, 1936. Your committee conferred ~ith representatives of the Visiting Nurses Association, ~'epresentatives of the R~a~oke Tuberculosis Association and the City Health Officer. It does no~ appear to be feasable or practical to combine the clerical work of · the Tuberculosms Association with that of the Zoning Board of Appeals. "-.After giving this matter a great deal of thought ~our committee recommends that the City of Roanoke,s Tuberculosis Control ~'~ork be placed under the supervi- sion of the Health Department and some well Qualified person be selected and employed to do this ~ork and sufficient appropriation be made to the Health Department to cover the salary and s~reet car fare of this e~ployee. The salary not to exceed ~' $100.00 per month. "This arrangement is temporary until such time as plans for a Public Welfare ~)epartment can be worked out." Resp ectf ;~lly submitted: Signed ) W. P. Hunter, City Manager ,~. ~,..~. Powell, Councilman; On motion, duly seconded, and unanimously adopted, the report is received and ~he City Clerk directed to prepare Proper resolution authorizing the expenditure of i100.00 per month for this work, effective January 15th, and continuing ;~Btil Juue 19.%6. TRAFFIC CODE: Mr. Bear, spokesman for the committee previously appointed by :ouncil for codification of the traffic ordinances, reported that the committee met January 8, 1936, and organized by electing James A. Bear, Chairman of the General ~ommittee, and appointing a Special Committee composed of Judge H. S. Birchfield, 14 ~lvil and Police ~ustice, Mr. R. $. City Clerk, to prepare and codify, Hough, of the Police Department, and L. D. ~ames aa far as possible, the present Trgffic Ordinance~ and to report back to the General Committee. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAI2,IS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGHI~AYS I'~ITHIN CITY LIMITS: The questima of maintenance of Highway within City limits, was before Council, Mr. Resolution for Project 1027-L: :Road Bridge as a State offering the following !! (~4706) A RESOLU'iTON approving Project Virginian Railway on Franklin Road, for the of Roanoke, the Franklin Winn 1027-L U. S. Route ~220, approaches improvement of a highway in the City and authorizing the City Manage~ to execute an agree~__.ent in connection itherewi th. ( For full text of hesolution see Ordinance Book No. 8, psge 395 ). .. Mr. '~inn moved the adoption of the Resolution. The motion was seconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. NAYS: None ...... 0. Mr. Bear offered the following Resolution for Project 1027-LB2. (~47051 A RESOLUTION approving Project 102?-LBa, U. S. Route ~220, overpass, .Virginian Hail~ay on Franklin Road, for the improvement of a highv~ay in the City of Roanoke, and authorizing the City Manager to execute sn agre~nent in connection therewith. ( For full text of Resolution see 0rdinmmce Book No. 8, page 395 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. '~'ilnn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the President khr. Small --5. NAYS: None---0. DELINQU~ TAX DEPAR~o~T. The Question of transferring 1933 Real Estate and Personal Property taxes to the DelinQuent Tax Department for collection, was before Council, Mr. Winn offering the follov~ing Resolution: (~710) A R_~.$0LU~I~N authorizing and directing the DelinQuent Tax to collect 1933 Real Estate and Personal Property taxes now de~nquent. ( For full text of Hesolution see Ordinance Book No. 8, page 397 ). Collector Mr. Winn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, end the President Mr. Small --5. NAYS: None ..... 0. the Resolution wishes to convey tion of the Installment Payment tv~elve payments or less. The City Clerk is directed to advise Mr. M. J. Scruggs that Council in adopting:.i to the Delinquent Tax Collector that in the applica-i: Plan the 1933 taxes might be properly reduced to ~ I&AitY LOUISE HOMLE: Mr. Winn brought to the attention of Council the need of ~und by the Mary Louise Home, and offered the following Resolution for the appropriation of $100.00 for this cause: (~4711) A RESOLU~i~0N appropriating to the Mary Louise Home $100.00. ( For full text of Resolution see Ordinance Book No. 8, page 397 ). M~. Winn moved the adoption of the Resolution. The motion was seconded by Bear, and 'adopted by the followin~ vote: AYES: Messrs. Bear, Comer, Powell, Wtnn, and the President Mr. Small ---5. NAYS: None .... O. MI SC H~LANEOUS: BRIDGES-FRAItKLIN ROAD: The City Manager reported on progress being made for acquisition of options for rights-of-way for the new Franklin Road Bridge over the Virginian Railway tracks. BUDGET: The President, Mr. Small, stated with the consent ,of Council he would like to request the City M~ager to make plans and notify all departments to submit their Budget can have the as Council in consideration of the Budget may want to hold one or two public hear- ings for recommendations and comments, and such publicity as it wishes to make requests to the City Manager in such shape and at such time that he :: Budget ready for con~ideration by Council, not lator than April 1~, 10~, prior to the adoption of same. The City Manager is so directed. Mr. Comer suggested that it might be well for Council to consider changing the Budget back to the Calendar year, as in his opinion it would be very helpful. INSUHANCE: The City Manager reported that the Purchasing Agent has placed a short-term Insurance Policy on the old Post Office Building until the survey now being nmde is completed There being no further business, Council adjourned. APPROVED 15 COUNGI L, Friday, REGULAR MEE'I'ING January 17, 1936 The Council of the City of Roanoke met in regular meeting in the Circuit Court ~ Room, in the Municipal !regular meeting hour. Building, Friday, January 17, 1936, at 3:00 o'clock p. m., the PRESENT: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. ABSENT: None ..... O. The President, Mr. Small, presiding. OFFICERS PRESEh~[. Mr. ,,'. P. Hunter, Czty Manager. MIh~JTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Lr. Comer, seconded by Mr. Powell, the reading is dispensed with, and the minutes approved as recorded. HEARINC OF CITIZF~NS UP~0N PUBLIC t~AITERS: GASOLINE ST0.~AGE TAh~S-FILLINC- STATIONS-CROSS-OVERS: Mr. Ira F. Walton, repre- senting the Roanoke 0il Company, appeared before Council and made application for permit~ to install two one thousand gallon and one five hundred gallon underground gasoline storage t~Bks for use of filling, station to be erected at the N. E. Corner of Salem Avenue and Fifth Street, also permit for three or four cross-overs to ac- commodate the filling station. The request is referred to the City ~?.anager for in- vestigation, report and recGEnendation. ALLEY CLOSING: ~,~. John W. ;~right, Attorney for George Joseph Rizk and Victoria I Rizk, appeared before Council and presented petition, together ~ith draft of resolu- tion for the appointment of viewers to close a t~elve foot alley on the North side of Campbell Avenue approximately 402 feet west of 5th Street, S. W. Action on the proposed resolution is deferred to be considered in the regular order of business at which time the question of set back line was discussed, and the question referred to the City Manager for conference with the petitioner, and report With recommendation to Council. ~,REAL ESTATE LAND BOOK: ~Lr. C. S. Spindle, President of the Roanoke Real Estate Board, together with a committee from his association, appeared before Council in th~ interest of the preparation of the Real Estate Land Book as now being prepared in the office of the Commissioner of Revenue in conformity with Ordinance No. 4702, adopted by the Council of the City of Roanoke on January 3, 1936, the said 0rdinancet authorizing the description of the property to be designated by numbers instead of lot and section as heretofore shown, it being the contention of the Real Estate Boar~ that the serial number is not sufficient description. Judge John I.~. Hart, Com~nissioner of Revenue, appeared before Council in this connection, ex~ibiting and explaining in detail the mechanics of the system as now being prepared, stating that the new, system has the approval of the State Tax Com- missioner, ~Lr. Morrissette, and was of the opinion the City Treasurer was fully advised of the change. ~ Mr. C. H. Ke~tt, City Treasurer, appeared in opposition to the new system as relating to additional work and inconvenience in his office. B. Adams, Trust Officer of the Mountain Trust Bank, appeared before 'Council supporting the Real Estate Board and the City Treasurer's opposition and questioned the legality of using serial numbers instead of descriptions, particularl i! with reference to sale of delinquent taxes. After a further disoussion of the question, Board expressing payment plan, and the spokesmen for the Real Estate the thought that its members were heartily in favor of the quarter their only purpose of appearing before Council was to ask that the City Treasurer were directed to work out a solution of including Y ~ .A ._..~eo~r.~ons be included on the tax tickets, the Commissioner of Revenue and th$ t~ description as I heretofore shown on the Land Book and tax tickets. CITY T ' ' REASURER: Mr. C. R. Kennett, City Treasurer, ~ppeered before Council asking that appropriation of $B?.95 be made to cover cost of repairs to typewriters in his office in order that same mt ght be in first-class working condition, by the time the operators begin typing tax tickets, his request being a result of requisi- tion being disapproved due to insufficient funds in his Budget account for this purpose, The t:resident, .Mr. Small, reminded the Treasurer that the ex~penses of his of- fice were regulated by the Compensation Board, the State being obligated for one- ~ third of same and that if he would take up the question ~:ith the Compensation Board, and the Board approved same, Council ;'~ould also approve the requisition, and that the City Clerk v~ould be directed to advise the Compensation Board accordingly. CITY TREASURER: Mr. C. R. Kennett, City Treasurer, appeared before Council with reference to renting two additional machines for ~iting tax tickets, and also employment of two operators for a period of thirty days or, in the absence of rent- !lng the machines on the basis of ,~5.00 per month each, working two shifts on the present machines. ~.~Lr. Kennett was advised to put his request and recommendation in writing for consideration of Council at its meeting on Friday, January 24, 1936. ALLEY IMPROVE~L~T: Mr. C. ~.' Underv~ood, spokesman for a committee on ~ontrose Avenue, bet~een 6th and 7th Streets, S. E., appeared before Council and asked that ithe ~ley be opened. The question having previously been before Council and laid over, due to ex- icessive cost for the acquisition of necessary property, the matter is again referred io the City Manager for further investigation ~ld report to Council. . LICENSE TAX: Mr. C. E. Stone, heading a committee of job printe~.s, appeared t~efore Council and submitted written request asking that Sections ll3 and 32 of the 'Lmceo.~e~- Code be amended, it being the contention of the printers that the spread of :.~ates as now fixed are not equitable, particular reference being made to one printer ~equired under the present license tax to pay the maximum license of $50.00, his ~hop being equipped with four presses, even though only two are actually operated. The committee was advised tP~t Council could not consistently adjust or amend ;he License Code at this time, but the printer,s request would, along with other ;equests, be considered when the 1937 licenses are considered, and that the question ~ight be approached by instructing the Con, missioner of Revenue to assess the minimum ~icense of $20.00 on the concern in question. The Commissioner of Revenue being resent advised he would be governed accordingly. SLOT [~ACtlINES: i~r. Thurman Britts, appeared before Council and presented peri- ;ion signed by business concerns operating machines of skill in the City of Roanoke, .nd asked that ordinance be adopted prohibiting minors under the age of 18 from ~laying, iiction using or patronizing the machines, of slot machine operators. brought about as a result of recent con- 17 At the request of Gouncil, htr. R. S. Smith, Commonwealth Attorney, appeared amd gave as his opinion that the Od-called games off skill were in reality gambling der ioe s, The ~resident, Mr. Small, stated that the City now has an ordinance prohibitinf ia proprietor to knowingly permit any person under the age of 16 years to operate the~ ~machines, and that Council has no desire to license an illegal or gambling device, [that the present ordinance was drawn to parallel the present State Law governing the ioperation of these devices, and that the policing of same is up to the Police Depart. ment, and the lecality a concern of the courts and the Commonwealth Attorney. No 'further action is taken in the n~tter. ! FRANCHISE-AT&T COMi'~kNY: The ~resident, Mr. Small, stated that in accordance with advertisement appearing in The Roanoke "~'orld-News" asking for bids for fran- Chise to occupy and use the aerial and umlerground works of the Chesapeake and .Potomac Telephone Company of Virginia that Council woula now proceed to receive and open all bids; whereupon, bid from the American Telephone and Telegraph Company of Virginia was read, the said bid being as follows: : "The American Telephone and Telegraph Company of Virginia hereby bids the sum of One Hundred ($100.00) Dollars for the franchise proposed to be granted in the ordinance, which has been advertised in the "Roanoke World-News" entitled "AN ORDINANCE GRM.iTING A FRANCHISE TO , ITS SUCCESSORS Ai,~o'"'~ ~SIGKS, TO AC~UIRE, OCCb~Y ,d,~D USE THE t~F, RIA~, ,~ND UNDERGROUND ¥;OPd(S OF THE CH_ESAff'V~[E .d'~D i:0TOMAC TELEL~PnO,,UE~,~=~,,.'~^"'~: ~v OF VIRGINIA, iTS SUCCESSORS AND ASSIGNS, NO;,' IN i'LACE OR "HICH ~dAY HE ~REAFTER BE i:I~'~CF.D ON, OVER, IN, L.~DER, ALONG AND ACROSS THE STREETS, ALLEYS, HIGH;.AYS :dfD OTHER PUBLIC PLACES iN TH~ CITY OF ROANOKE, VIRGINIA." "And if the said Franchise is granted to the American Telephone and Telegraph Company of Virginia, it will observe and perform all the conditions and requirements contained in said ~rdinance and will reimburse the City of Roanoke for the cost of advertising the same, and will give the bond as required by law. "The sum of One ?;undred ($100.00) Dollars, the bid hereby made, is herewith enclosed. Respectfully submitted, :'~'LERIC.Ai~ TELEPHONE AND TELEGRAPH C0~LPA2~Y OF VA. By ~. D. McBridge, Right of Way Agent." There being no other bids, Mr. Comer moved that the bid be accepted, and the franchise awarded to the ~merican Telephone and Telegraph Company of Virginia. The motion was seconded by Mr. Wirm, and unanimomsly adopted. The City Clerk is directe~ to draft the necessary ordinance for submission to Council for its consideration at its next meeting. ~', ~' PETITIONS ~ND C0k~,~ICATIONS: i~ ROi~0K£ ,ATEH ;','0~S CO~'&PANY: A petition signed by residents in the 600 block of Jemison Avenue S. E., suooorted by two s~mples of water, one from the ~am'ison Avenue section, one from the Raleigh Court section, sho~ing comparison, asking that ~ouncil take necessary steps Roanoke ;iater ~orks Company. ;. The questioa is referred to the City Manager, iRar~one, the Hee3. th Officer, take s~raples of i:in the petition, and report hack to Council. to improve the quality of water being furnished by the with request that he have Dr. water from the same blocks mentioned LEAGUE OF VIRGINIA MUNICIPALITIES: A co,,,unicatton from the League of Virginia Municipalities with reference to "Report of the G~vernor,s Advisory Legislative Council on Automobile Accidents in Virginia" was before Council. No report having been made on Delinquent Taxes referred to at a previous meeting of Council, the communication is filed. CITY CHAR~R: The City Clerk brought to the attention of Council ac'~mowledgment~ from Honorable Marion S. Battle, Harvey P. Apperson, and Raye 0. Lawson of Resolution No. 4704 Roanoke. suggesting certain revisions and amendments to the Charter of the City of The communications are filed. COMP~ISATION BOARD: Communications from E. R. Combs, Chairman of the Compensa-'~ tion Board, submitting estimate of salaries and expenses for the offices of the City Sergeant and the Clerk of the Courts, in accordance with joint submission previously made to the. Board was before Council. The communications are filed. CLOSINJ HOURS: A communication from the Alcoholic Beverage Control Board, with reference to wine and beer license fer the Dairy Fountain, 629 Carter Road, Raleigh Court, was before Council, the Board advising that off-premises license has been issued in the name of ~.ir. C. I~:!. Tys~_nger. On motion of ~r. Comer, seconded by ;.~r. Powell, _s_~d unanimously adopted, the City Clerk is directed to request the City Attorney to prepare petition to the !Alc'oholic Beverage Control Board for revocation of the off-premises license for reasons that the Dairy Fountain continues to operate in violation of Ordinance .No. 469~ to the annoyance and inconvenience of residents in that section ' INSTRUCTIVE VISITING NIJRS.~ ASSOCI~[TiON: A communication from the Instructive Visiting Nurses Association reporting status of a tuberculosis City patient at Blue Ridge Sanatorium was before Council. The City Manager advising that the question involved had been given attention. The communication is filed. CLOSING HOURS: A communication from the Virginia Heights-Raleigh Court Civic League commending Council for its action in closing the Dairy Fountain at m~dnight iwa S before Council. the City Attorney for his information in cormection with peti't;ion to the /kBC Board. REPORTS OF OFFICERS: 1; R~0RT OF THE CITY M~_NAGER: The City Manager presented report of work accom- plished and expenditures for week ending ~uary 9, 1936, showing the cost of garbage removal of sixty-two cents. The report is filed. The City Clerk is directed to forward copy of the cc~amunication HF~TH DEPA~R~iENT: Report for month of December submitted by Health Department.~i The same is filed. REPORTS OF C0~.~ZI~TEES: None. UNFINISHED BUSIN~SS: None. CONSIDERATION OF CLA~'~S: S~EH AND SIDEWALK ASSES~ENT: The request of Col, ~emes D. gohnston,Attorney, that Sidewalk Assessment against Lot 8, Block 7, West End Land Company, amounting to~ $41.66, with interest from Ma~ch 1, 1923, amounting to $32.08, a total of $73.74 be released, meeting, was again before Council, the City Clerk reporting that his investigation revealed that the assessment appeared to be valid, notice having been served on J. S. Raike on October 9, 1911, and that since that date the property had changed and referred to the City Clerk for investigation ~Bd report at a previous 2O hands four times, the present owner being '~. E. Goodwin, who l~rohased same in 1920 at which time abstract of title was made by Attorney Johnston under ante of September 2, 19~0, amd that the said abstract of title shows that "The Clerk of City Council informs me that the Sidewalk and Sewer Assessments against said proper1 have be en paid." The City Clerk is directed to refer the question to Mr. M. J. Scruggs, Delinquent Tax Collector, I from Mr. J. S. Raike. with the request that he endeavor to collect the assessmen ~ SEWER AND SIDEWALK ASSESSMENT: A request from Dr. Paul Davis for refund of the said amount being one-half of cost of constructing sewer to accommodate ~property on the North side of Patterson Avenue, between 19th and 20th Street, S. I~'. ~in accordance with Resolution No. ll05, adopted by the Council of the City of Roanok. !on the 30th day of March, 1923, ~'~as before Council, the City Clerk advising that he had investigated the request and the facts as stated appeared to be correct· The City Clerk is directed to make further investigation and if refund is found to be in order to prepare necessary resolution for consideration of Council at its nex~ meeting. SE'~ ~ ,d~D SIDEWALK ASo,,.o~.,.~T: A r eque st from ;" Assessment against Lot 10, Section 2, East Side Addition, amounting to $31.70, with interest from March l, 1925, be released, it being the contention as supported by abstract of title made by Davis, Davis & Davis, under date of November 2, 1932, that the assessment was improperly levied in that it was assessed against the name of J. H. Shelton, ~':ho according to the records has never o~'med the property. The City Clerk is directed to advise i,J;r. Craighead that while the original i assessment may have been improperly made, the fact remains the property o~ner has ~had the benefit of the sidewalk and the abstract so states that the cost of con- ':structir~g same has never been paid, and the City is therefore within its rights to e its prerogative of levying a yearly rental charge, which would be perpetual, or the property owner has the option of paying the assessment and discharge this obligation. INTRODUCTION .~ND .~0NSIDERATION 0~. 0RDLNA~C=S ;dO RESOLUTIOES: R0~,~u~'~.. Tb~B;1.RCULOSIS ASS0uiAii0N: The question o f. transferring Tuberculosis Control ,.ork to the Health Department a~d authorizing the employment of nurse v~as again before Council, Mr. ! or, ell offering the foilo~ing Resolution: (~4713} A H£SOLU'£~[0I:I directing the Tuberculosis Control Work of the City of !Hoanoke to be :..'.laced under the supervision of the Health Department, and authorizing 'the eraploTment of nurse. [ ( For full text of Resolution see Ordinance Book No. 8, page ~398 i' Mr. Powell moved the adoption of the Resolution. l~r. Comer, and adopted by the follo~ring vote: The motion was seconded by AY~o. l.lessrs. Bear, Comer, ~owell, Wi.un, and the President :-..:r. S_.mali --5. 'NA'~%: None .... -.-0. STATE HIGH;;AYS ',,ITHIN CITY LIMITS-SETBACK LINE: The Question of establishing ! a five .foot setback line on the East side of 9th Street, N. E., Avenue and the corporate limits, to be used as a State Highway, demands, ~'~as before Council, i,'.~. Comer offering the following Ordinance for its bet~'~een Lynchburg if, and when, traffic first reading: ! ,! (~4716] ,~ ORDIIqANGg concerning the establishint of a five (5) foot setback line on East Side of 9th Street, I1. E., between Lynchburg ~venue and the corporate limits of the City of Roanoke. I'~'HEREAS, the City of Roanoke has agreed with the State Highway Department for the improvement of 9th Street, N. E., between .Lynchburg Avenue end the corporate limits of the City of Roanoke by the construction and improvement of a thirty (30) foot street between curbs by said Department and in case traffic should thereafter demand forty (40) feet bet~ee~ curbs, the City would move the curbs back and build a forty (40) foot street; WHEREAS, the Council of the City of Roanoke deems it essential to the general welfare and convenience of the City of Roanoke and its inhabitants that a setback line should be established on both sides of said street as hereinafter provided. THEREFORE, BE IT 0RDAINEB by the Council of the City of Roanoke that a setback line of five (5) feet for all buildings and structures be, and the same is hereby established on both sides of said street; said newly established setback line to be thirty (30) feet out from the 'present center line of 9th Street, N. E., between Lynchburg Avenue and the corporate limits of the City of Roanoke and of uniform distance frGn the present center line. The ordinance is laid over, and the City Attorney requested to advise if the Ordinance is in conflict with the present Building Code. STATE HIGH',~AYS '~'~ITHiN CITY LI~.~iTS: .Question of improving 9th Street, N. E., fro~ Lynchburg Avenue to the .corporate limits to a State Highway within the city limits was before Council, ~ir. Winn offering the following Hesolution: (~717) A RESOLUTION relative to the improvement of 9th Street, N. E., from Lynchburg Avenue to the corporate limits of the City of Roanoke. ( For full text of Resolution see Ordinance Book No. 8, page 399 ). ~&r. Winn moved the adoption of the Hesolution. The motion was seconded by ~ir. Bear, and adopted by the following vote: AYES: L~essrs. Bear, Comer, Powell, Winn and the President ~..~r. ~mall --5. N~YS: None ....... O. RF~i~ ESTATE-LOSS AiqD D~'.'dAGE: The question of ordinance to ~arallel State Law, ~ith reference to loss and damage to real estate by vandals, heretofore before Oouncil, was again brought up, .~.Lr. Bear offering the following Ordinance. for its LrSt reading: ~ (~4714) ~ ORDINANCE to prohibit any person from unlawfully taking and carrying ~ay, or destroying, defacing or injuring any property, real or personal, not his ,wn, or injuring, destroying, defacing or removing any monument erected for the ,urpose of designating the boundaries of the City of Roanoke, or of any tract or ~arcel of land in said City, or any tree marked for tha~ purpose, and prescribing ~enalty for. violation of said Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that any person or ~ersons who shall ,~nlawfully, but not feloniousl~y, take and carry away, destroy, .eface or injure any property, real or personal, not his o~m, or injure, deface r remove any monument erected for the purpose of designating the boundaries of the ~ity of Roanoke, or any trac~ or parcel of land located in, said City, or any tree ~rked for that purpose, shall be fined not less than $5.00 not more than $500.00. All ordinances and parts or ordinances in conflict with this ordins~ce are ~ereby repealed. '22 The Ordinance is laid over and the City Clerk directed to communicate with Mr. Weaver of the Real Estate Board, and ascertain if the Ordinance fulfills the purpos~ as requested. STA2E HIGiHYAYS WITHIN CITY LII~%ITS: U. S. Route No. 115, 9 Street, N. E., ifollowtng Resolution: ~ (~471B) A RESOLU~0N approving Project ~N.· E., Station 0,00 to Station B9+11.5 for the icl Roanoke, and authorizing the City Manager to itherewith. LLr. Powell, and adopted by the following vote: The Question of approving Project 1027-M, was before Council, Mr. Goner offering the 1027-M, U. S. Route ~115, N~ath Street, improvement of a highway in the City execute an agreement in connection ( For full text of Resolution see Ordinance Book No. 8, page 398). Mr. comer moved the adoption of the Resolution. The motion was seconded by AYES: Messz's. Bear, Comer, Powell, Winn, and the ~'resident Mr. Small--5. NAYS: None ..... 0. ~.g0VING PICTL~E I~hlCHLNE OPERATORS: The Question of amending Section ~15 of the Building Code to provide for reduction in fees for examination and license of moving picture machine ope-r'ators, was before Council, .~r. Winn offering the following Ordinance for its first reading: (~4715) AN 0RDINA~CE to modify and amend so much of Section 215 of the Building Code of ~he City of Roanoke as fixes the fee to be charged by the Board of Examiners for applicants desiring a license to operate a motion picture machine and the fee to be charged for issuing license to applicants. BE IT ORDAINED by the Council of the City of Roanoke that so much of Section 215 of the Building Code of the City of Roanoke as requires applicants for license~ to pay $5.00 to operate a motion picture machine to the Board of Exsm_~_ners and a charge of $3.00 to be paid by applicants to the Clerk of the City for issuing a certificate to applicants, be, and the sa_m.e is hereby modified and amended by fixing the fee to be charged by the Board of Examiners. to applicants for a license to operate a motion picture ~chine at $3.00 instead of $5.00 and the City Clerk to charge applicants for issuing a certificate $1.00 instead of $3.00. The ordinance is laid over, and the City Clerk directed to accept the $1.00 fee for renewal of licerme in the me~utim~. ~ CROSS-OVER: Request from E. P. NewcOmb for permit to construct cross-over to accommodate property at 1605 Kenwood Boulevard, S. E , was before Council, the City Manager recom~uending that the permit be granted M~. Powell moved that Council concur in the reco~mendation of the City Manager, and' offered the following Resolu- tion: (~4718) A RESOLUTION granting a permit to E. P. Newccmb to construct a certain cros s-over. ( For full text of Hesolution see Ordinance Book No. 8, page 399 ). lltr. Powell moved the adoption of the Resolution. The motion was seconded by Comer, and adcrpted by the following vote: AY)~$: Messrs. Bear, Comer, Powell, Winn, and the President Mr. S~ll--5. NAYS: None .... 0. M0i~0NS AI~D vLLISCEL?.ANEOUS BUSINESS: ~ LICF~SE TAX: A communication fr~ the Roanoke Hair Dressers, A~sociation asking that Section E0 of the License Code be amended, it being the opinisn the section iinvades the right of the shop owner to employ aud train persons which they need and must have in order to conduct and give service to the public. It was the unanimous opinion of Council that Sections 24 amd 25 are perfectly clear, and makes a clear distinction between schools and Beauticians, Hairdressers, etc., and that there is no l~rticular reason why the Ordinance should be amended. £~EFUNDS AND REBATES-CHESAPEAKE AND POTOMAC TELEPHONE COMPANY: A communication from the Chesapeake and !-'otomac Telephone Company asking for refund of $166.04 covering taxes on property located at 319 Second Street S. W., was before Council. This being the property previously purchased by the City from the Chesapeake and Potomac Telephone Company, and it being understood at the time that the taxes would be pro-rated, the City Clerk is directed to verify the amount, and if found proper, to prepare and present before Council the proper resolution at its next meeting. STREET IM~PHOVE~'~IT: A communication from the Honorable Marion S. Battle, calling attention to the lack of adequate road facilities or approaches to the Addi-~ son High School, and suggesting that while WPA funds are available it might be a ~ good time to improve the situation, was before Council. The question is referred to the City Manager to ascertain Just what might be done in having a project approved, either for the City or County, or both, as part of the Street is located in the County. ROAI~0P~ WATER ;',0RKS CODiPAi~PK: A communication from ~.. R. Clark, 625 Wycliff Avenue, South Roanoke, registering objections to any further increase in the cost ,of v~ater in the City of Roanoke was before Council. The City Clerk is directed to acknowledge receipt of the communication and advise the water situation is now under consideration. POLICE CLOVER-CREAD~RY: A communication from the Clover Creamery Company ,reque, st~.ng that ~. ~. Hinchee be employed as a Special. Officer to replace C. D. ~iorrison, transferred to other duties. The request is supported by recommendation from superintendent of Police, C.E. Hectomsn, that this be done. Upon motion of ~.',~,r. Powell, seconded by Mr. Comer, the City Manager is authorized o approve this appointment. RO~IOKE HOSPIT~LL: A communication fr_~om the Roanoke Hospital Association enclosing ~tatement showing a deficit of $1,014.88 in the account against the City of Roanoke, ~nd asking that the same be placed in Sine for payment, ~.as before Council. ~L On motion of ~.Ar. Winn, seconded by ~ir. Comer, and unanimously adopted the ity Auditor is directed to draw warrant fGr $1,000.00 covering the accumulated ~eficzt,- an additional appropriation to be made if, and when, funds now in the toanoke Hospital account are exhausted. INSURA~.~CE: The City Manager presented statement sho;ving insurance on City Iproperty, as submitted by ~he Purchasing Agent, for Council,s coB~ideration in authorizing the writing of new iBsurance policies in line with schedule and suNey recently made by I, iessrs. Charles Lunsford & Son. At the suggestion of the President, ~Lr. SmaLl, consideration of the question is held in abeyance until similar information can be obtained from Clerk of the School Board for school proper~y, the City Clerk being directed to request the Clerk )f the School Board to furnish the said information. The City Manager is directed to request the l-~urchasing Agent to forego a ~enewal of policies except on a binder basis until Council has had time to give the question careful consideration. PUBLIC i,~ET~F.ARE DEPAi{TMENT: The l~resident, Mr. Small, brought of Council and suggested that Council in considering its merit of hospitalization and indigent !ask the considered along with the survey being made by the Junior League. to the. attention set-up of care smd treat- sick, and others requiring medical aid, might Roanoke Academy of l, iedicine to give Council tentative suggestions to be It was the unanimous opinion of Council that this should be done, and the ~City Clerk is directed to transmit to the Roanoke 'conveying Council's suggestions. Academy of Medicine c c~municat ion There being no further business, Council adjourned. APtROVED Pres ident C OUItCI L, REGULAR MEETING, Fride~, ~anuary 24, 1936. The Council of the City of Roanoke Room in the ~dunicipal Building, Friday, the regular meeting hour. met in regular meeting in the Circuit Court January 24, 1936, at 3:00 o'clock p. m., PRESENT: Messrs. Bear, Comer, Powell, Winn, and the President Mr. Small --5. ABSENT: None .... 0.. The President, Mr. Small, presiding. OFFICERS PHESh~,~T: Mr. ~. P. Hunter, City i~ianager. ~.INb~ES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of iZr. l~owell, duly seconded, the reading is dispensed ~ith, and the minutes approved as recorded. '~HEARIHG OF CITIZENS UPON PUBLIC }~JATTERS: LICE~ISE TAX: A committee of boarding house operators, consisting of Lliss Cecil i~ainter, L~s. Etta V. Gookin, and ~rs. Dolly Hume, appeared before Council protest- lng against Section 31 of the License Tax Code, imposing License on boarding house !operators, it being the contention of~ .~,~iss Painter, who acted as spokesman for the committee, that Section-c, allowing acco~,modation of nine boarders without license and .!~25.00 for ten, or more, was not an equitable schedule. ~,~rs. Gookin also spoke Ibriefly on the subject, concurring in L'~iss Painter,s contention that consideration t ishould be given in making a reduction or adjustment. I Th.e President, i~dr.I 6mall, advised the com~mfttee that proper record of acception lgo 6ect-t°n ~l-c, would 1~ made, and when the question of License Tax for tl'~ year 1~. is conaide~ed,__~_ if it appears that undue hardship has been imposed~ on boarding f house operators under the 10~6 License Code, Council will be disposed to make proper' i adjustment and revision for the year 10~, along with other exceptions that have ip.reviously, been noted, as it does not feel it can consistently adjust or amend the tL~cense Code at this time. ZOHING-LIVE STOCi~. I~,t_'4~,K.,T: I~' ~ M. Forbes, together with 1~,~ Ben ,lohnson of .Abingdon, Virginia, appeared before Council asking that permit to conduct a live stock bu.~iness at the West end of ~aho~' Field, and to make certain repaLrs to the stables formerly occupied by the Blue R.idge Hun~ Club, be granted, advising that he ad made application to the Building Inspector and the permit denied. ~. Forbes explained in detail the 'nature of the business contemplated, believing that they :"could operate a profitable business here with a turn over of from $25,000.00 to · tThe President, ~.~.~. Small, advised that the Zoning Ordinance specified t~e nature of .businesses that m~ght be conducted in Heavy Industrial Districts, the operation of stock.yards and busine'~s of like rmture being prohibited except by al:rplication and approval of Council after holding of public hearing, and told the applicant if he cared to go through the usual routine of making fc~mal application and notice of hearing to be published in a local ne~;spaper for fifteen days, Council would be glad to consider the matte~, but that a recent request of similar nature had been turned do~n in the western part of the City and he kne~ of no reason for Co~ucil to change its position ~n this request. A~ter further discussion of the question, Mr. Forbes exT~ressed a desire .to be advised definitely es to Council,s Sentiment in the matter, Council recessed, after which the President, Mr. Small, advised that he was authorized to say it was the Unanimous opinion of Council, that in the public interest of the City of. Roanok, and also in the interest of the applicant, and to save trouble and e'xpenses of following the usual procedure, Council would have to deny the request'of granting a permit to conduct a stock yard in the location as petitioned by the applicant, Mr Comer interposing that Council was very hopeful the applicant may be able to find a ~ loc~tion either in, or close to Roanoke, where there would be no objection. JD~DG~dENTS: Mr. Thurman Britts, Attorney, appeared before Council ih the in- ~'terest of letter previously filed protesting against Council,s reconnnendati0n to !Representatives in the Legislature for changing the law to affix the same fee for ~bringing judgments by notice of motion as proceeding by ~?arr, ant. ~dr. Britts rJas advised that the r.~atter ~,Jould be given consideration by Council Gf~S 0LIi~ .~m~ ~, ~ .~ o-~-u.~,:.~,,, Tjd~CS: Mr. Ira F. Walton, representing the Roanoke 0il Company~ together with ~2r. H. F. Stoke, appeared before Council in the interest of permit to ~install t~'~o one thousand gallon and one five htmdred gallon under~round storage tanks to be used in connection with filling station to be erected at the Northeast corner of Salem Avenue and Fifth Street. A written report from the City Manager recm?.~nendinc that the Roanoke 0il Comps.ny be granted a permit to construct the un- derground storage tan~, the City Clerk is directed to prepare the ~ecessary resolu- tion for presentation to Council at its next 'meeting. .CROSS-OVERS: i.lr. Ira F. Walton, together with Mr. H. F. Stoke, of the' Roanoke 0il Company, appeared before COuncil in the interest of permit for the three cros, s- over typ'~ to acco~mmodate fillin~ station at the Northeast corner of Salem Avenue and Fifth Street, as per sketch submitted, the City l.!anager recommending that a Dermit for this style of cross-over be denied, and instead reco~men, ded the four cross-over ty~e. After a discussion of the Question, the r~tter is referred back to the City Manager with direction that same be considered by the Traffic COLBm~ttee, report back to Council at its next meeting. and to PETITIONS ~,,\,~ COMMIHfICATIONS: ~ STATE CORPORATION CC~f~ISSION-THE ROAhi)KE GAS LIGHT CGMPAi~: A c~unication from the State Corporation Commission enclosing report sho~ing results of gas tests made in the City of Roanoke as of January l~, 1036, showing results obtained as being satisfactory, was before Council. The report is filed. LEGISLATION: A communication from Judge J. L. Almond, Jr., of the 'Hustings Court, with reference to House Bill No. 15, proposing to amend Section 3518 of the !. Code of ~irginia dealing ~'~ith the appointment by the Court of counsel for indegent prisoners charged with cr~me, was before Council. At the invitation of Council, Judge Almond appeared before the body and, after reading of the communication, House Bill No. 15 was discussed at length resulting ~n !,f~. ~inn offering the following resolution: !, (#4719) A RESOLU~0N opposing the 'enactment of House Bill No 15 proposing to amend Section 3518 of the .Code of Virginia, and recommending the amending of Section 4970'-a of the Code o f Virginia. ( For full text of Resolution see 0rd~nance Book No. i;Ir. Winn moved the adoption of the Resolution. 8, page 401'). The motion was seconded by Mr. e POwe11, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, NAYS: None ...... 0. Winn, and the President Mr. Small ---5. two machines and two operators not machines to be charged to "Repairs Budget for fiscal year CITY TREASURER: A communication from C. R. Kennett, Treasurer, permission to rent two bookkeeping machines' to be used tickets: and additional he.lp for the operation of same, President, ~tr~ Small, stating he would be willing to vote for the authorization of to exceed thirty days, the cost of renting the to EQuipment" under Account 8, as carried in the ending June ~O, 19~6, and the salary of two extra operators to be charged to "Salary, Extra Employees" under the same account; whereupon, Mr. ~Jinn .offered the ~ollow~ng Resolution: asking for in writing the 1936 tax was before Council, the (#4722) A~ RESOLUTION authorizing the City Treasurer to rent two bookkeeping aachines, and the employment of tv~o operators for ~'~iting the 1936 real-estate tax ket s. ( For full text of Resolution see Ordinance Book No. 8, page..405. ). " Mr. Winn moved the adoption of the Resolution. The motion was seconded by ~dr. Powell, and adopte~d by the following vote: AYES: L~essrs. Bear, Comer, Powell, ~inn and the President 2~Ir. Small---5. NAYS: None ..... '--0. MOTHERS' AID: A communication from W. L. Painter, Acting Director Mothers, Aid Bureau, acknowledging receipt of Resolution adopted by the Council of the City Of Roanoke providing for two idothers, Aid cases, and advising the State would con- inue participation through the remainder of this fiscal year, was before Council. The communication is filed. COAL DEALERS: A communication from W. C. Bond, local retail coal dealer, asking Shat Council direct the Commissioner of Revenue to issue Coal Dealers, License to he applicant for the first quarter of 1936, was before Council. The City'Clerk is directed to advise i~ir. Bond that his communication has been ~eferred to the Commissioner of Hevenue who is only authorized to issue license .~n accordance with the License Code. R0~0KZ -i;ATER ~JOPdiS C~P~NY: Application from the Roanoke ~;ater Works Company ~ or permit to open 10~ Street 300 feet South of Campbell ~venue and North to ampbell ~venue, S. E., a distance of 50 feet, for the purpose of laying a 2 inch ater main, was before Council, the City Manager recommending that the permit be ~ranted; whereupon, Mr. Bear offered the following Resolution: iii (#4721) A RESOLUTION granting permit to the Roanoke Water Works Compamy to ~ay a certain ~ater main. ( For full text of Resolution see 0rdinsnce Book No. 8, page 404 ). Mr. Bear moved the adopbi0n of the Resolution. The motion was seconded by l~r. iinn, and adopted by the following vote: AYES: Messrs. Bear, NAYS: None ..... 0. Comer, Powell, Winn, and the I~resident 1J~. Small--5. REPORTS OF 0FFICERS: REPORT OF THE CITY MANAGER: The City Manager submitted report of work and ~ ~xpendttures for the week ending January 16, 1936, showing garbage removal cost of ~ifty-nlne cents per cubic yard. The report is filed. APPOI~S-FIRE DEPARU~{EET: C. B. Cromer £rom the Fire Department, of T. T. Belcher, age 29, effective as The City Manager reported the resignation of as of January 5, 1956, and ,the appointment of January 15, 1936,. The report is filed. CLOSING ALLEY: The City Manager in his written report with reference to reque of Mr. John W. YJright, Attorney for George Joseph Rizk and Victoria Rizk, for clos- ing twelve foot alley on the North side of Campbell Avenue approximately 354 feet I~lest of 5th Street, stated he had. been advised by Mr. ~'right that his client would give the City six feet of land off the front of the property they now own adjoining this alley whenever the City widens Campbell Avenue to the six foot setback as now established on the North side of CamDbell Avenue between 5th and 6th Streets, On motion of ,.;r. Bear, seconded by Mr. ~'inn, the question is referred to the City Attorney for preparation of deed for the conveyance of the six foot strip of land to the City prior to the closing of the alley in question. INSTRUCTIVE VISITING NURSES A£SOCI-.iTION: The Instructive Visiting Nurses Association submitted report for the month of December, 1935, showing a cash balance of ~2.16, with $397.81 in outstanding bills. The report is filed. 2.~O?,TS OF CO:,~,ITT~S: UNF_~_.~ISH£D BUo!Nzoo: None. CO!.f£IDER :~T iON OF LEAGUE OF VIHGI~IA ~¥~NICIPf~I':LIES: Bill for ~1,050.00, representing the annual dues for membership in the League of Vi~2inia Municipalities for the year .t :1936, was before Council and discussed, the City Clerk being directed to acknowledgel ~receipt of same and to advise that Council has not accepted membership in the LeagueI ' 'of Virginia i.:.unicipalities for the year 1936, and will not be in a position to i consider this matter until preparation of the Budget for the fiscal year ending June 30, 1937. I~RODUCTION Jd~D CONSIDEP~ITION OF O?tDINA,_'fCES ~d~D RESOLUi'IONS: WREAL ESTATE I~ND BOOK: The question of amending Ordimnce No. 4702 providing for the preparation of Land Book to conform to understanding reached by Council, the ConmLissioner of Revenue and the City Treasurer, v~as before Counc_~!, Mr. Bear offering the follov~ng emergency ordinance: (~4723) ~.~ 0RDiN~CE to amend and ordinance, adopted January 3, 1936, No. 4702, entitled, "An Ordinance providing for the preparation of Land Book." ( For full text of Ordinance see Ordinance Book Ho. 8, page ..4~05..). t.~r. Bear moved the adoption of the Ordinance. The motion was seconded by Comer, and adopted by the following vote: AYES: i,lessrs. Bear, Comer, Powell, :,-,'inn, and the rreside~t ~&r. Small --5. NAYS: l. lone ....... 0. LIC~.~o,; T~Z{ CRDIN..'~CE. The City Clerk brought to the attention of Council bill for printing License Tax Ordin_a~ce bookle~s, Mr. Bear offering the following !Resolution: (~4724) A RESOLUTION directing the City ~:uditor to draw warrant for $472.20 · coverir~ cost of printing L.4. cense Tax Ordinance booklets. ( For full text of Resolution see Ordinance Book No. 8, page 406 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by .the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and th~ i'resident ~:ro Small--5. NAYS: None ...... O. ROANOKE HOSPITAL: The Question of proper resolution directing the City Auditor to draw warrant for 31,000.00 covering accumulated deficit for City patients treated at' Roanoke Hospital ~';as before Council, l:tr. ~tnn offering the following Res olut i on: (#4725) A RESOLUTION directing the City Auditor to draw warrant amounting to $1,000.00 in the name of the Roanoke Hospital Association, dovering accumulated deficit for City patients treated at Roanoke Hospital. ( For full text of Besolution see Ordinance Book !fo. 8, page 406}. Mr. ~;inn moved the adoption of the Resolution. Bear, and adopted by the following vote: AYES: ;m,lessrs. Bear, Comer, ~owell, ~,tnn, and the t~resident Mr. Small ---5. N~ ~: None ..... 0. · ,~,~-~-_z~. A cGmuunication from the Chesapeake and Potomac Telephone ~Jompany of Virginia requesting refund of $166.04 coverin~g proration c~ taxes on p~Dperty located at 319 Second Street, S. 'j., was before Council, :~.~r. 'Jinn offering the following Resolution: The motion was seconded by ~:lr. ~ (#4726) A RESOLb~'ION to refund ,~166.04 to the Chesapeake and Potomac Telephone Company of Virginia covering proration of taxes on property located at 319 Second Street, S. ¥~. ( For full text of Resolution see Ordinance Book i..~o. 8, page 407 ). Mr. ;,inn moved the adoption of the Eesolution. The motion was seconded by Mr. Bear, and adopted by tt~e following_ vote: Messrs. Bear, Comer, l~owell, :finn, and the lresident Mr. Small --5. None ..... 0. REFD~DS "~ND REBATES-SEWER ASSES'~Z~IT: A request from Dr. Paul Davis for ref~d ~l:>f ~6.~0 coverin~ one-~lf cost of se~er c~truction at l~O~ Patterson Avenue, '~' ", havi~ previously been before Council and referred to the City Cle~ for ~nvestigation, was again before the body, ~,~. Bear offer~ the follo~ng Reso!ugion: (~4727) A ~,0Lu~I0h to refund Dr. Paul Davis, $76.40 cover~g one-half cost sewer construction at 1903 Patterson Avenue, ( For full tex-~ of Resolution see Ordinance Book No. 8, page Mr. Bear moved the adoption of the Resolution. ~r. Winn, and adopted by the follo;~ing vote: 4o7 ). The motion ~;'as seconded by A?ES: L'iessrs. Bear, Comer, Powell, IHA[~: None ...... 0. ~,inn, ami the President Mr. ounall --5. FRANCB.-FSE-AT&T C0ILPAi.~-Y: The &merican Telephone and Telegraph Compnny having ~reviously submitted bid for franchise to use the aerial and underground works of lhe. Chesapeake and ~-otown_.c Te.lephone avmng been accepted by Council, Mr. !irst reading: Company of Virginia, the said bid of $100.00 Winn offered the following Ordinance for its (#4728) AN 0RDIEAECE Glbk~ING _& FRANCHISE TO T~r'~E AI~'.~_ERICAN TEI,EPH0il AND ~ELEGP~.PH COL~AI~ 0F VIRGINIA, ITS SUCCESSORS ~ ASSIGNS, T0 ACQUIRE, OCCUPY AND JSE THE AERIAL f-al,iD UNDERGROUND WOP~S OF THE CHESAPE2~. AND POT0~.iAC TELEPHONE CCD~'d:rY OF VIRGINIA, ITS SUCCESSORS AND A~SSI~NS, NOW IN PIECE OF WHICH MAY HEP~AFTER tBE PLAC~ ON, OVER, IN, UNDER, AL0~G AND ACROSS THE STRE~S, ALLEYS, HIG~//AYS ~D OTHER ~clBLIC PLACES IN THE CI_~J OF ROANOKE, VIRGIhIA. T~tEREAS, a proposed ordinance, entitled, "AN ORDINANCE G~'~!TING A FRA!.C_~Io~ , ITS SUCCESSORS AND ASSIGNS, TO ACQUIRE, OCCUPY A~ USE THE ; 29 AERIAL AND Dltl)ERGROUND ¥~ORKS OF THE CHESAPEAKE AND POTOMAC TELEPHONE CC~PANY OF VIRGINIA, ITS SUCCESSORS AND ASSIGNS, NOW IN PLACE OR ~dIOH _MAY HEREAFTER BE PLACED ,OVER, IN, UNDER, ALONG AND ACROSS THE STREETS, ALLEYS, HIGHWAYS AND 0TtIER PUBLIC PLACES IN THE CITY. OF ROANOKE, VIRGINIA,' was ordered to be advertised by the City Council of the City of Roanoke; and iweeks i~HEREAS, the ordinance has been published once a week for four (4) successive in the "Roanoke World-Ne~s", a newspaper published in the City of Roanoke and ihaving general circulation in said City of Roanoke, which said advertisement invited ibids for the franchise proposed to be granted in said ordinance, the said bids to ~be in writing and delivered upon the day and hour named in said advertisement to the presiding officer of the City Council, in open session; and ~.HEREf~S, at the session of said City Council to receive said bids the presid- ing officer read aloud the only bid received, being the bid of the ~dERICAN TELEPHON ~'d~D T~_.EG~:APH C01ZP.~Y OF VIRGINIA in writing, and for the sum of One Hundred ($100.0 Dollars; and :.~HE.~'BM_,LB, inquiry was made by the presiding officer if any further bids were offered; and LHEP~_J.S, there ~ere no further bids offered, the presiding officer thereupon declared the bidding closed; and the said proposed ordinance and said bid were referred to the City Council, v~hich re!~orted in favor of accepting said bid and adopting said ordin~muce. NO;,', THERLFORE, BE IT 0RDAIEED BY ~"~ ~"~'"~ ~, ...,'. CITY COL~CIL OF THE CITY OF R~,...01.E, ROAiJ01CE COU.~iI~, ¥'iRGI:~IA, that the mmerican Telephone and Telegraph Company of Virginia, its successors and assigns, for a period to e~.~ire on January 6, 1966, be, and is hereby authorized and eLupo~ered to acquire, occupy and use such portion of the aerial and underground works of The Chesapeake and Potomac Telephone Company of Virginia, its successors and assigns, now in place or hereafter placed on, over, in, under, along and across the streets, alleys, high~ays and other public places of the City of Hoanoke as the said Company may require in the due conduct and prosecu- tion of its business upon such arrangements as the two companies may agree to: PR 0 Wi DED: SECTION 1. That the said Company shall at all times fully idemnify, protect and save harmless the said City of Roanoke from and aga~st all accidents, claims, suits, damages _~_ud charges and against all loss and necessary expenditures arising frGn the use and maintenance of any and all of the aerial and underground works acquired by it as aforesaid. SECTION 2. That nothing in this ordin_~_~ce shall be co~trued to grant unto ~the said Company any exclusive right or prevent a grant of similar privileges to .other companies. BE IT ~L~RTHER ORDAINED, that the Z!dERICAN TEL~OHONE AND TELEGRAPH C0i,[PJ~.vY OF ~..'~RGID~IA, before proceeding to act under this ordirmnce, shall execute a bond in ! '~.the penalty of One Thousand (¢1,000.00) Dollars, with good oBd sufficient security, '.operation and maintaining in good order the olant provided for in this franchise The ordinance is referred to the City Attorney with the request that he .advise Council before final adoption at its next meeting, as to the form, text, ilegality of the Ordinance in favor of the City of Roanoke, conditioned upon the construction and putting into and ALLEY CLOSING: A Resolution providing for appointment of viewers in the application of George Joseph Rizk and Victoria Rizk was before Council, the City Clerk being,: directed to confer with the City Attorney as to correctness of form and conformity with statute requirements. REALES. TAT,,.:" ~ The following Ordinance having been introduced and laid over was again before Council, Mr. Bear offering same for its second reading. (~471~} AH ORDINANCE to prohibit any person from unlawfully taking and carry- tn~; away, or destroying, defacing or injuring any property, real or personal, not his own, or injuring, destroying, defacing or r~l~.oving any monument erected for the purpose of designating the boundaries of the City of }toanoke, or of any tract or parcel of land in said City, or any tree marked for that purpose, and prescribing~ penalty for violation of said' ordinance. For full text of Ordinance see Ordinence Book ~'~o. 8, page_ AO0). Nr. Bear moved the adoption of the ordinance. The motion v;as seconded by Jinn, and adopted by the following vote: AVES: ~essrs. Bear, Comer, Po~ell, :;inn, and the l~resident L~r. Small --~. N;~YS: None ..... O. !:'.OVINJ PICTURE ~,LQC~NE OPFX~ATORS: Ordinance No. 4~10 having oeen introduced end laid over was again before Council, L~r. Bear moving that same be amended in that the ~'~ord, "certificate" appearing in the sixth line of the l~st paragraph be changed~ to re~d "!ice_nse"and the ~.~ord "license" appeari~ in the ninth line of the last i'~aragraph be changed to re~d "certificate", end the word "certificate,, appearing in ~he lest line of the Ordinance be changed to read "license:' The~ motion ~.ms secomled y LLr. ~',~inn and unanimously adopted. ~;Lr. Bear then offered the follo~in~ Ordinance ~s amended: (//&?l$) ~'~I O~qDIN_~C£ to modify and amend so much of Section ~15 of the Building ;ode of the City of Roanoke as fixes the fee to be charged by the Board of :'".xaminers ' or a_~licants desiring a license to o'~rate a motion picture r~mchine, and the fee o be charged for issuing_ license to applicants. For full text of Ordinance see Ordinance Book Mo :' page 400 ) S ,--,, _ ,, ' },lt. Bear moved th~ adoption of the ordinance. The motion ~:as seconded by Wirm, ~d adopted by the follov~ing vote: ...~.~o: Idessrs. Bear, Comer, Per, ell, ~,~nn and the President, i,..ir. Small--5. H2££S: None .... 0. L'!ISC ,!LLah aOUS: D~...II,,,~U~T T~,Eo-~'~PLOYEES: The President, .,~Mr. S~all, made inquiry, and the Lity Clerk is.directed to reviev,~ his minutes as to request for list of City .~'mployees.del~.nquent in thei~ 19aO taxes, and if request to the City Treasurer has [~ot ~lreacy been made, to ask that he ~urnish such list for the i~_orr.,ation of )ounci 1. 418, SLOT ~:LiCPLI~[ES: ~r. Powe]] brought to the attention of Council House Bill Mo.. with reference to outlawing slot machines, and offered the following Resolution: (~'TZ~I 4, RESOLUTION endorsing House Bill No. ll8, dealin~E ~ith slot machines, ~.s introduced by Delegates Spiers and Quisenberry. ( For full text of Resolution see Ordinance Book No. 8, page ~08). ~. Powell moved the adoption of the ~esolution. The motion ~as seconded )y l~2r. Comer, and adopted by the following vote: AY-ES: ~.e~srs. Bear, Comer, ~'owe!l, Uinn, and the President !.,Ir. Small--5. N.~_~' o: None ..... 0. SE',';ER AND SIDE,;'~LK ASS.EOS~,~NT: The City Clerk brought to the attention of Council Resolution No. 4071, adopted by the Council of the City of Roanoke on Nove~ her 4, I932, authorizing the rolease of sidewalk assessment against Lot 15~ Section .~, East Side Addition, standing in the nm~e of J. H. Shelton, now owned by E. L. .~raighead, the City Clerk having been directed st a previous meeting of Council to .~dvise ~ir. Craighead that in the absence of the payment of this sidewalk assessment a rental charge may be levied. ~ Previous instructions of Council on January 17, 1936, with reference to this question are hereby rescinded, and the City Clerk is directed to forward copy of Resolution No. 4071 to interested ~mrties, and to mark records in his office to ,, Oar ry out the release of the Sidewalk ~'~sses~.ent AIPd~CRT: A request from L~mon and Reynolds for proper Resolution to authorize ~.the Federal Coverrm. ent Do c~nstruct and maint:-~in antenna on the :..~unic ipal Airport property, was before Council, and referred to the City Atton~ey for p',~eparation GE ~'~..~'~ .,~,'~: The i resident, i.h'. Sm_all, b~-ought before Council the subject o,~ survey of ',':elfare needs as being undertaken by the Junior League in cooperation w~th the Roanoke Council of Social Agencies advising that it had been suggested that a Public ~;elfare Advisory Committee be appointed for 'the receipt and revie~ing of such data and information as might be gathered by the survey as nov,' in progress, the said Public 'Jelfare Advisory Committee to re[,ort to the Council of the City of Roanoke ',':ith such re_~orts and recommendations as it might care to ~make. After a further discussion of the question, Mr. Small offered the following resolution: (~4720) A R£SOLU~[0N al,pointing a Public Welfare Advisory Committee. ( For full text of Resolution see Ordinance Book I.~o. 8, page 403 ). i Mr. 5~mall moved the ado. ption of the hesolution. l:ir. Bear, and adopted by the followLng vote: AYES: D'essrs. Bear, Comer, Po~ell, Uinn, and the ~"resident ~dr. Small --5. i.h'WS: None ---0. The mot ion vms seconded by ST.~.TE HiGH:JAYS L'ITiIIN CITY Lii[ITS: The City Manager reported on his trip to ~'asb~ngton on ~.[.onday, January 20, 1936, with reference to securing additional · ederal Funds for construction and maintenance of additional highways within City limits of to~ns of 3,500 population and. over. The ~resident, ~.~r. Omsll, made a report on a similar conference he attended iin Ric~nond on this subject !i '"~LLEY IMPROV~..~IENTS: The City Manager reported he had been unable to reach ~ agreement with the property owners for opening alley on Montrose Avenue between 6th and 7th Streets. i' The City Clerk is directed to advise Mr. C L Underwood and other members of a committee which appeared before Council on January 17, 1936, that the matter is [ progressing, and that Council hopes to be able to give the desired relief in the .nea future o ! ! STOP&-.~ DRAIN: The City !~anager brought before Council communication from th~ ~Jiscose Corporation of Virginia advising it was against the policy of the company .to grant easement for drain across its property, s~d for that reason it would be necessary 'tt~Zprovision be made requiring a relocation of the drain on property no~ ownsd by the Viscose Company, should the c~mpany at any time find it desirable to make other use of the land. The question is referred to the City Attorney to prepare the necessary papers for permission to run the drain across the Viscose property, in accordance with communication from the Viscose Corporation. ROANOKE WATER WORKS: The City Manager submitted reports showing bacteriological! '! examination of water taken from the Ja~mison Avenue Section and Raleigh Court Sectior~ as a result o£ complaint and samples submitted by petitioners at the last meeting of Council. MISCELLAh~EOUS: The City Manager brought nefore Council sample of clothing made by t~ Sewing Depa~'tment, under the supervision of ~Zrs. B. J. Carden, Supervisor of Women's :~ork. There being no further business, on motion of i~r. Bear, seconded by idr Powell, Com~cil adjourned to convene at ~:00 o'clock p. m., on Saturday, January for executive Session"to consider increase in water rates as set forth in communi- cation from the Roanoke Water Works Comlmny, previously before Council. APPROVED President S4 COUNCIL, SPECIAL MEETING, Court Room, in the ~dun!cipal ~e me Saturday, January 25, 193~ The Council of the City of Roanoke met in Executive Session in the Circuit Building, Saturday, January 25, 1936, at 2:00 o,clock PRES,h~T: Messrs. Bear, Comer, Powell, ~;inn, -nd t~ President, Mr. Small --5. ABSE~: None ....... 0. The President, U~r. Small, presiding. 0FFIC'~RS PRESENT: ~fr. W. P. Hunter, City Manager. ROANOKE WAi~ER W0~U~S COMPAh~K: The i-resident, ~.Lr. S~nall, stated that pursuant to notice given on Friday, the adjourned Meeting was called for purpose of consider- ing in Executive Session increase in water rates as set forth in communication from the Roanoke Water ~Jorks Company previously oefore Council. The question of the position and attitude Council will pursue in dealing v& th rates was discussed somewhat at length, it being the opinion that a communication be directed to the Roanoke Water Works Company advising that Council v~ill request a hearing before the State Corporation Commission in the event application is filed for any upward revision of water rates, in an effort to resist any attempt to in- crease rates to consumers in the City of Roanoke. On motion, duly seconded, and unanimously adopted, the ~,~ayor is directed to transmit the follo~'~ing communication to the Roanoke Uater YJorks Company: "January 25, 1936. Roanoke Water '~'orks Company, Roanoke, Virginia. Ge ntl ~uen: - The Council of this City, in Executive Session today, has considered your recent communication advising that your company proposes to appear before the State Corporation Co~ssion for authority to increase the water rates of the Cit~ of Roanoke. I am directed by unanimous vote of Council to inform you that the City of Roanoke v~ill request a hearing before the Com~m~.ssion in event such application is filed to protest suy up~ard revision of rates or change in method of computing ~ater rental. A brief analysis of your proposal discloses the fact that the increase which you propose amounts to approximately 18 percent. Our investigation of monthly water service cost in the City of Roanoke, compared ~ith rates in other Virginia Oities above 20,000 population, particularly as it effects smaller consumers, has shown that Roanoke rates now exceed those prevailing in any other city. The increased tarriff ~hich you desire will impose an additional cost upon the consuming public of ~proximately $62,000 per year oased upon 1933 consumption. In addition fire hydrant rental of the City is increased approx~mstely $16,000 per annum, or a total increase of $78,000 per annum. · ~. The Council of this City subscribes to the principle that your c~npany is entitled to a fair return upon a fair value. The ~_sitioh of the Coun.~il'.of Roanoke is that the.v~luation of the P~oanoke Later Works Company made by Allen J. Saville as of june 30th, 1934 for rate making and assessmeut purposes is excessive ~nd in due course v,ill u~dertake to prove its claim. For thes~ rsasons,.and may other, I s~ directed to inform you that the City of Roanoke will resist mn every practical way any attempt to further increase Eater rates to consumers served by your company. Very truly yours, Mayor." A communication from the Rayon Textile Workers Union, Local 1842 protesting against increase in v~ater rates, was before Council, the City Clerk being directed ?to acknowledge receipt of ssEe and to advise that the in_~ormation contained there~n ~is being considered along with other data no~ in the hands of Council. There being no further business, Council adjourned. ATTEST: ~ A P P R 0 V E D l! Clerk COUNCIL, REGbq~R MEETING, Friday, January 31, 1936. The Council of the City of [{oanoke met in regular meeting in the Circuit Court Room in the !.~unicipal Building, Friday, Jamary 31, the regular meeting hour. 1936, at 3:00 o'clock p.m., i PRES~,iT: Messrs. Bear, Comer, l~owell, Winn, and the Iresident, 1.3. Small --5. AB3ENT: None ..... 0. The President, ~.~. Smal 1, pres iding. OI, FIC~Ro P,,~,o~,,~ : 1,,Lt, ,,. ~. Hunter, City Manager. i,~INL~ES: It appearing that a copy of the minutes of t,~ previous meeting hav- ing been furnished each member of Council, upon motion of :/.r. :lip, n, seconded by l;..r. ~. PovJell, the reading is dispensed with, and the minutes approved as recorded. HEA!LINO OF CITIZ~!S Ui~0N I:UBLIC L~TTE:qS: Mr. George ~J. Chaney, Attorney for idrs. Alice Corhan, appeared before Council and read prepared petition (see copy filed in office of City Clark) asking that his client be permitted to pay delinquent taxes amounting to $1 '1,~,~ .24 on property located at 1910 Rorer Avenue, and on lark Street and Earnest Avenue, at !ithe rate or $20.00 per month, conditioned up, on keeping the current taxes on said tpropert y paid. In a discussion of the question the .~ttorney was advised that under ordinances and resolutions adopted by Council the Delinquent Tax Collector is authorized to extend partial paym~ts for a period not exceeding tv~enty months. After further discussion of the question, on motion cf i, Lr. Comer, seconded tby Mr. ',;inn, the petition is referred to the City Attorney for investigation, report and recGnmendat ion. DOGS: A committee from the northwest section of the City, headed by ~Zrs. L. liife .1 c h, I appe ar at 1220 l;.elrose Avenpe, N. r,j., and i~!rs. Spencer, of Staunton Avenue, ed before Council asking that some relief be given from stray dogs killing chickens and destroying shrubbery and other property in that section. The President, Lir. Small, advised the delegation that the matter would be referred to the City Manager with instructions to endeavor to relieve the conditions com'i:,lained of, ami suggested that Council may have to pass an ordinauce requiring dogs to be kept on the property of the o~;ner or kept on a leash. Later during the meeting an ordinance to control the spread of rabies and con- fine dangerous, fierce, and vicious dogs %';as introduced for its first reading, the City Clerk being 'requested to forward copy of same to the delegation appearing be- 't fore Council. APPROPRIATIONS-A~?~RICf~i LEGION: A committee from the ~mericau Legion, headed by ?.essrs. Carlton ~:enn and Leo F. Henebry, appeared before Council, presented communi-.. cation from the General Convention Chairnmn, requesting an aupropriatton of $750.00 towards expense of entertaining the ~erican Legion Convention to be held in the City of Roanoke on Augus~ 23-26, 1936. The request was discussed briefly, Mr. Comer suggesting that actio~ be delayed until preparation of the next Budget beginning July 1, 1936, which suggest ion was unanimously adopted by Council, the i'~resident, Mr. Sma!l, stating as a personal Council would be inclined at that time to be helpful to the extent of not $5 more than $500.00, with the possibility of the appropriation being less. The request is therefore received :the next Budget ? DOGS: Mrs. and held in abeyance unt il consideration of beginning July 1, 1936. D. E. Remsberg and Dr. C. B. Ransone, members of a committee appoint. led for consideration and preparation of a dog ordinance, appeared before Council to a:~wer, it was stated, any question that might be asked t~ President, Mr. Small, 8dvistng that the ordinance had been received, a~l. that Council would probably want to give same a little study, and unless it was felt that further discussion is nec- ... essary, Council would probably introduce the proposed ordinance as drafted. I'F~IT1011Z J~m ~ SLOT i-L'~.CHIIr~: A cc~mm~icatim from Honorable Loonard G. }.{use, State Senator, · advising he had agreed to support the imtf-Slot Machine Bill kno~'~n as House Bill I,~o. 118, was before Council. The com_munication is filed. ~L0oIA4~ H0bZqS-ALCOHOLIS BEVerAGE COI~.?I'ROL BOARD: ~ cGnmunication from the Alcoholic Beverage Control Board advising that hearing on application of wine and "' ~ ~ithers, t~ading as Dairy Fountain, 629 Carter Road, to be beer license for ...~. held in the 12unicipal Building, Roanoke, Virginia, on February 6, 1936, was before Counc il. Co_fy of the opinion rendered by the Hustings Court in the case of the City of Roanoke versus~ ~'~. '~.~. Tysinger beir~_~ before Council, the City Clerk is directed to advise by reason of the opinion, the Pity of Roanoke withdra~Js its opposition to t~.~ issuance of wine and beer license to the applicant and will register no opposition et the heari.~g if same is held, the City Clerk being directed to forward copy of the opiuion to the Alcoholic Beverage Control Board. D.,.~,.~,.~,~ ,~.,,.~: .A com_munication from 0. ~T. Clarke protesting against recuest_ for pa~.unent of delinquent taxes was before Council, Lir. Clarke contending that all of the.:~o~ ..... a ta~;es, with e:.:ce~)-~ion~ of ~6.00, had been _'.'-:'a id to former De!ineuent_ =_,ax Collector, Terry ? Woods The communication is referred to the City Auditor with the request that he investigate s~.~e and report back to Council. The City Auditor is also requested to advise status of receipt books and other records of Terry L. ;;oods. ~ 0RT 0 F C ~'~FIC~LRS: R~-0RT OF THE CITY '""'~'~ · ~.~J~I~ER. The City ~Manager submitted report of work and e~enditures for week ending January 23, 1936, showing sixty-one cents. The report is filed.. .rQgPCRT 0F C ~.E.~iTTEES: cost of garbage removal as ~ I-~BLIC UELFY-_RE ADVISORY Cd~.~n.,.iTTz~: The City ~[anager re~orted that he had been requested by Vice-Chairman,~2. '~ Comer, to attend the organization meeting of the Public i;elfare ~dvisory Committee, held on Thursday, January 30th, and that the organization was now functioning and beginning to prepare data. U~'~NIo~D BUSINESS: Hone. CONSIDERATION OF CLAID'S: None. INTROUu'CTi0N AND ~01~$ID,.,,u~TION OF ORDINANCES ,~d,ID RESOLUTIONS: FRANCHISE J~,,:ERIC~d~ T~LEPHON- AND TELEGRAPH C0IJ~PANY OF VIRGINIA: A communicatio] from Judge R. C. Jackson advising that proposed ordinance No. ~?gS, granting the American Telephone and Telegraph Company of Virginia a franchise to use the aerial i~' and underground works of the Chesapeake and Potomac Telephon~ Compaxy of Virginia and r~s~ correct/in legal form, was before Council. The ordinance having previously il been introduced and laid over was offered by l~. Winn. (~?ZS) AN ORDINANCE GR~TING A FRANCHISE TO ~HE ~2.JERICAN TELEPHONE AND T~.EGRA~H COL~PfdIY OF VIRGINIA, ITS SUCCESSORS J~D A~SIGNS, TO AC%UIRE, OCCUPY AND USE THE _AERIAL AND UNDERGROL~ %'fORK, S OF THE CHESAPEAKE AND t. OTOI~AC TELEPHONE CG,~ANY OF VIRGINIA, ITS SUCCESSORS AND ASSIGNS, NOWIN PLACE OR LHICH ~-~:AY HEREAFTER BE PLAC- ED ON, OVER, IN, UNDO, ALONO AND ACROSS THE STREETS, ALLEYS, HIGP~f:AYS A~.~D OTHER PUBLIC II~%CES IN THE CITY OF ROAI~DKE, VIRGINIA. ( For full text of Ordinance see Ordinance Book No. 8, I~age 4~0~8 ). ~. Winn moved the adoptiom of the Ordinance. The motion ~';as seconded by ~Zr. ;~owell, and adopted by the follow~_ng vote: AYES: Messrs. Bear, ~owell V~inn Comer, , , and the Iresident Mr. Sm~ll--5. NAYS: None ...... O. The City Clerk is directed to forv~ard copy of the Ordinance to the ~'~rican ~il'elephone and Telegraph Company of Virginia and ask that the bond for 01,000.00 be filed promptly in accordance with the ordinance. AII~ORT: Request for authority to construct antenna at the Municipal Airport by the United States of j~erica having previously been before Council, ~r. ~.inn offer- ed the following Resolution: (~4630) A RESOLUTION authorizing the construction and maintenance of antenna at the l~'~unicipal .~xrport by the United States of Y~nerica. ( For full text of Resolution see Ordinance Book No. 8, page 410 ). I~.~r. ~'~inn ~.oved the adoption of the Resolution. The motion ¥~as seconded by i.'.r. ~ome~,and adopted by the follo~.'.~ing vote: AYES: I.~essrs. Bear, Comer, ~owell, Winn and the President L~.r. S~all --5. None ..... 0. G~OLI~ oTO~u~GE T~2~S: The City Manager having recommeBded that permit be ~ranted the Roanoke Oil Company to install gasoline storage tanks to accG~modate '~ illing station on the Hortheast corner of Salem Avenue and Fifth Street, S. W., ~.'~: ~;'inn.offered the following Resolution: (~4731) A RESOLUTION grantin~g a permit to the Roanoke Oil Company to install ertain storage tanks. ( For full text of Resolution see Ordinance Book i~o. 8, page A_~). Mr. binn moved the adoption of the Resol~ion. owell, and adopted by the following vote: The motion ~as seconded by ~r. AYES: ~essrs. Bear, Comer, ~owell, ~.'~'inn, and the President ~dr. Small--5. NAYS: None ...... 0. D~OGS :: Question of ordinance to control the spread of rabies and to confine angerous, fierce and ~icious dogs, having previously been before Council and ~iscussed, was again before the body. Mr. Comer introducing the followimE for its ?irst reading: (#47321 AN ORDINANCE to control the spread of rabies and to confine dangerous, ~ierce and vicious dogs, requiring dog owners to confine their dogs during the inusual prevalence of rabies; to confine dogs known to have bitten any perso.n; declar- ~ng mad dogs and dogs bitten by mad dogs; fierce or vicious dogs; dogs destroying property and the Quiet of amy person or neighborhood running at large, a nuisance and requiring that they be confined or killed; fixing the duties of the Game ~'~rden and penalties for viot~ tion of this ordinance. ( For full text of Ordinance see copy in City Clerk,s office). The Ordzn2~ce is laid over S? ,,8 The City Clerk is directed to forward copy of the proposed ordinance to the Roanoke representatives in Richmond, the thought being to ascertat- if it is desirable or necessary to amend the State Law should the proposed ordinance be in conflict t herewith. CROSS-OVERS: The City Manager reported the meetin~ of the Traffic Committee ~called to consider the Question of cross-overs to accommodate filling station on the Northeast Corner of Se!em Avenue and Fifth Street, S. W., as petitioned by the Roanoke Oil Company was unable to report in that a Quorum was not present. Representatives of the 0il Company being present, on motica~ of ,'~r. Bear, Counci. ~recessed to give the committee an opportunity to confer on the matter, and if possib report its reco:~,~endation, to Council. The committee being unable to reach an agreement, in the absence of full m~xber ship, ~ked that the ..~tter be delayed until a meet ins of the full m.mrtbershlp could be held early during the coming week. LIC~SE T,'O~: A communication from the Ashmar School of Beauty Science, register. ling complaint against payT~ent of ,75.00 license as provided for in Section 24 of the License Tax Code and the permittir~g of apprentices under license paid for operation of beauty ~arlors and hairdressers as provided for in Section 25 of the License Tax Code was before Council and discussed. The City Clerk is directed to ad~nov,'ledge receipt of the commtmication, for- ~','arding copy of the License Tax Ordinance, and to call attention to Sections 24 and 25 with the advice that there should be no question as to the distinction of license imposed betv:een these t~:o classifications, and that if any beauty school or beauty 'parlor violates the License Ordinance the same should be reported to the Connnissione~ of 5avenue, u'ho ~:,~ill cause sa_me to be prosecuted. STATE CORPORATiCN C0i. K.LISSI01~: ~k communication a~vising of hearing on February 19, 19~6, at 11,.00 o,clock a. m., by the State Corporation Con~nission, Richmond, Virginia, of a.?~lication for certificate of i'ublic Convenience and Necessity on behalf of Settles Van and Freight Service, Incorporated, freight service from Charlottesville to Roanoke, Virginia, Council. The co~_mu_nication is filed. i HEGISTRAR: The City ~danager brought to the attention of Council a request from the Central Registrar for an appropriation of $8~.37 for cost of ne~ typewriter. to operate motor vehicles via Lynchburg was before There being~' no appropriation carried in the present budget, the City idanager is directed to request that the old t~pe~iter be repaired at a cost of ~12.50. i' ,~ R0~01(.:E HOSPIT-'~L: The City Manager submitted to Council bill aggregating $270.0 for special nursinE service and board for patients confined in the Hoanoke Hospital from December 6th to January 31st, advising that the bills had been approved by the City Physician. Action is delayed until the next meeting of Council, the City Manager being requested to ask Dr. C. M. Irvin to appear before Council at that time for discussio~ of the question. i BUDGET: The City Manager submitted to Council tentative statement showing departments and smounts necessary to be appro_uriated over and above the appropriatio~ sho~m in the Budget for the year ending June 30, 1936, if the departmeats are to operate .on the present basis of expenditures. The ~mtter 5s carried over until the next meeting of Council to be held at Z:00 o,clock p. m., on Friday February ~, 1936 e s at which time the City Idanager is directed to submit a list of ~PA projects now authorized and under construction. FPJd'~LIN ROAD BRIDGE: The City Clerk is directed to request the City Attorney to prepare necessary papers preparatory to condemnation proceedings for the ac- Quiring of rights-of,way for overhead bridge at Franklin Road over the Virginian Railway tracks for consideration of Council at its meeting on Friday, February 7, 1936. The City Manager is requested to ascertain from the State Highway Department when plans have been submitted to the Bureau of Public Roads in 'Jashington so that Council may by resolution request Representative Woodrum to assist in expediting any delay in Washingt on. ~iFLOYEES-DELIN~IUF~T TMiEo. The City Clerk is directed to request the City Auditor to furnish copy of list of employees submitted to the City Treasurer for ~insertion of amounts oi' delinquent taxes, and to ask the City Treasurer to furnish the completed list as promptly as possible. C0!,.MISSIONER OF R~EI,.RfE: The City Clerk. is directed to request the Commissioner of Revenue to furnish Council a comparative list of l~erchants, Licensespaid for the year 19Z6 as compared with the year 19~, the said list to be cc~piled of 100 ILierchants, Licenses taken at random. South t:layground recently acquired by gifg by the City. PM~d~S f~'CD PLAYG~QOUNDS: The City Manager reported on progress being made of the Roanoke I~ark and ROANO~E ':"~'~' , U;,~,~: The }~re~den~, introduced the follow- for approv~ by Council to be released ~ the press in order that t~ be properly i~ormed as to the attitude ~d policy of this Council in s efforts and future deali~ v~ith the water Question. "For the information ~ benefi~ of water cons~ers and ta~ayers, the Council of Ro~uoke ~'~shes to place itself squarely on record as bei~ definitely co~tted to the p~suance of a policy that will adequately protect the intreat of the City and the public generally. "The Council recognizes that expert technical assistance and special legal advice ~ill be required and will be prepared to deal ~ith these phases of the matter at the proper time. The Council is fully aware of the public interest in this affair and makes a statement of its policy at the present tlrne to remove it from the field of politics and to advise the public that this v~hole matter will cont inue to receive its earnest consid erati on." ~r. Po~ell moved that the action be approved. The motion was seconded by Mr. .~'inn, and unanimously adopted, the City Clerk being directed to forward copy of same ~to hr. L~itchell. STREET I~ROV~,~N~: The City Lianager reported that the question of securing funds for improvement of road facilities or approaches to the Addison High School had been considered ~'~th representative of the State Highway Department and he had been advised that the road in question had never been approved as a secondaryl road by the County, and that until the road had been so approved ~A funds ~ould not be available. The City Clerk is directed to advise Honorable .~arion $. Battle accordingly. There being no further business, Council adjourned until 2:00 o'clock p. m., i~riday, February 7, 1936, the early meeting hour being for consideration of addi- ~ional appropriations t'o the Budget for fiscal year ending June 30, 1936. APPROVED President I 39 C 0UN(E L, REGULAR M~ETING, Friday, February ?, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit court February ?, 1936, at 2:00 o,clock p. m., Room in the ]dunicipal Building, Friday, ~the early meeting hour bein{] called for consideration of additional appropriations to the Budget for fiscal year ending June 30, 1936. p'~'~' Messrs. Bear, Comer, Pop, ell, and the iresident, L'Lr. Small ---4. ABS~,iT: Mr. L'inn ..... 1. ,- · presiding. The i:resident, :,.~. omall, OFFICERS ~'"~'~' W y. H~mter, City Manger. . ous meeting havin~ ....... ..~: It appearznc that a copy of the n~inutes of the p~vi been furnished each member of Co,oil, upon motion of ~..~. Be~, seconded by Powell, the reading is dispensed %'~ith, and the ndnutes approved as reco~ed. ~zIONo: Council havi~ been advised at a previous meeting that BUDG~ ~:PROPH~ '~ '" a~Z~pz~o-iriation for ~erEency Relief is now exhausted, the City l~:azmger is requested to furnish lis~ sho%~'ing '.FA pz-ojects notJ under construction and also list sho%:~ng approved i~rojects yet ~o be started. In this co~ection City Engineer, C. L. l'jatl~, E. B. Brock'n, Branch i.[a]mger oi' the L'orks Progress k~uinistration, ~d E. O. Fry, Jr., oi' the UPA, appeared before Council ~d presented data and discussed p~- ~ztj of Roano~ cress of ~ork as fin~ced jointly by ~',Pk ~d the ~'" · After discussion of the question, it bei~ estimated that under tl~ present sched~e of '(Jork the ~zerg~cy Relief appropriation would require $33,500.00 for the reminder of the fiscal year in addition to funds necessary for Street Con- at the suggestion of t~ ~'resident, }.~. structioa, as carried in ~ccount ~150, o.~m~, the git~: ~lerk is ~rected to ~eDare ~dm~t to the ordinance appropria- .-~, Q ~ ting $2~,500.00 fo ~ergency Relief, Account No 66, and ~7,500.00 for Street Construction, Account ~150, funds n~essary for runvzays and lighting at the Ai~ort to be held in abeyance for the time being. The question of amount of ~oney having been expended at the Airport being raised, IZr. Brown is requested to furnish statement showing amount of '~'~A funds the City Engineerto furnish state~uent showing amount of exi:.ended for this 'project, City funds e~ended; the City Auditor to coLupile same and to furnish Co::ncil state- ment sho~irug total cost of the Airport to date, exclusive of purchase price of $70,000.00. At the invitation of Council, Superintendent of Schools i..~Ir. D. E. Mc~uilkin, and !,Lr. J ~ McDonald, Clerk of the School Board, appeared before Council in con- after Council had been advised by nection v,.'ith repairs to schools by i,]?A forces, idr. Brown that unless fuDds ~-;ere available for materials and supervision, bPA effective as of l.~[arch 15th. forces ~'zould be v;ithdrawn from school v;ork, At the suggestion of the President, ~.Small, the school representatives ~ill call a meetings of the School Board for Tuesday, February llth, to discuss the question with representatives of W]PA and report to council. The question of supplemental appropriations for other accounts carried in the i~ Budget vzas discussed, the City Clerk being requested to furnish copy showing '.: estimated amounts necessary to complete the fiscal year to the City Auditor with · the .reQuest that he furnish for the item~ enumerated amounts-originally appropriate~, expenditures to date, and unexpended balance for consideration of Council at its meeting on Friday, February 14th. H~tRING OF C ITIZ~rS UPON Pb~BLIC ~htTTERS: CLOSING i~OURS: Mr. R. S. Llason, Real Estate Agent, sppeared before Council asking that permission be granted to permit store located at the Southeast Corner of Fourth Street and Dale Avenue, S. E., to renain open after twelve o'clod~, midnight, the said place of business being classified as Residential District. The President, L~r. Small, advised that Council ~ould not be disposed to amend the recently enacted ordinance compelling the closing of such place of business, the petitioner,s only recourse bein~g~ to petition the Board of Zoning Appeals for ~lreclassification of the property. RE~.IDS AI~D REBaT~o: '~r. Joh:~ G. Challice, ~ttorney for Liiss Nora Fogle, ap- oeared before Council and presented ~ritten petition asking that fines amounting to ~70.00, collected by the Clerk of the ~"olice Court, be refunded, the said fine im- posed by the Civil and ~olice Court having been appealed to the Hustings Court and Dharges dis~uissed. The petition is referred to the City Attorney for investigation and recom~enda- on, an~i if claim is found to be correct, the City Clerk to prepare necessary resolu- ~J. on authorizinG_ the refund. L!~,~: ~udge Jo~ ~.. Hart, Commission~ of Revenue, a,~?,eared before Council nthe interest of L~. Charles George v~ho ~'~as fined ~lO.O0 in the ~ustings Court for ~perati~. wood ~rd without license, the Co~ission~ erDlaini~ that the man in _uestion buys a little wood, takes it into his back yard, ~mall boundles. cuts it up a~ sells it in The President, !Lt. Small, stated that the License Code had been adopted and {;hat Council was not in a position to pass on ~ho s~hould or should not pay 'the ~icense Tax, J~t the suggestion of L~r. Bear that one me~ber of Council be appointed to dis- uss the-case with Judge Almond, and report at the next n~eting of Council, LLr. Uomer wjas designated for this conference. CROSS-OV~S:. i.~. H. F. ~toke, representing the Hoanoke Oil Company, appeared ~efore Council in the interest of cross-overs to acc ..c~nodate fillin~· station on the ortheast co net of Sal~ &venue and Fifth ~treet, '~ '~ the Traffic Co~mittee at a previous meeting of 'raffic Committee submitted the follo~ving report: Counc il. whiCh question was referred In this connection the "In re~ard to the cross-overs for the Roanoke Oil Company at the N. E. Corner of Salem Avenue and 5th Street, S. W. which ~as referred to the "Traffic Committee,, for further consideration. At a meeting of the Traffic Co_m~!_ttee, Wednesday, Feb. 5, 1936, at 10:15 o'clock I was in- structed to confer with a representative of the Roanoke Oil Compan~ to see if provisions could be nmde for a divided cross-over at the Corner by putting in a small concrete dividing E~rker. I had a conference with L~. H. F. Stoke, representing this company, and he prefers to put in a dividing m_~_rker on the curb line making a six foot safety island in the center of the 50 foot radius and put in two 25 foot cross-overs on each side of the safety island and t~o other cross-overs entering this lot and spaced to fit location of buildings v~ich ~ill provide four cross- overs instead of three. "I think this is an improve~.~ent over the original arrangeuent of the three of four cross-overs plan and it is my recommendation that these cross-overs be constructed as agreed upon with the Roanoke Oil Company representative as shown on attached plan. ( Signed ) b'. P. Hunter, City }XanaJger, Jsmes ~'~. Bear, H. S. Bir ch24 eld, L. D. James," 42 The question of interpretation of the width of safety island was discussed, il being un~.nimously agreed by all parties concerned that this should be made specific ,in that the blue print ;'las to be made a part of tl~e Resolution, the width to be ?designated as 8 foot over-all, l,~r. Bear offering the following Hesolution: (44733) A RESCLUTION granting a peE:~it to the Roanoke 0il Compasy to construc? cart sin cross-overs. ( For full text of Resolution see Ordinance Book Eo. 8, page ~1.3 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~r. Powell, and adopted by the following vote: ~YE3: lSessrs. Bear, Comer, lowell, and the iJresident, lSr. Small ---4. N.~YS: None ...... 0. ( :.ir. '.~.inn absent). Tih~IC R£GUL~TION: ~ petition signed by forty-five residents in the vicinity of Hamilton Terrac~ asL-i~ that closer I~atrol be given to numerous speeders between ,alnut ~venue and jefferson Street, and that slo~; signs be erected, re'as before Council. The petition is referred to the City Manager for his attention. DELiN.~L~EI,.L~ T~S: A canmunication frGn U. P. Huff asking that p~ualty and in- terest on delinquent taxes, ~hich taxes amount to more than ~1,000.00 be remitted, fas before ~ou~cil. It ~vas the unanimous opinion of Council that there was no action that could be taken in the ~r~tter, and the City Clerk is directed to acknou'ledge receipt of the coL~uu~',.ication, dec] ' ' · - -xnz~S the request in as courteous ~uanner as possible. LI~,~,_~,~.'~ -~-'~ T_dfES: Co~,~u~ication fra.~ _~oanoke Marble and Gr[~ite Co~.'Tany =~na ~' ' tko Larste~e'~-__ Co,-~o~'ation,_. re~gistering opposition to license t~id for conducting marble granite, or stone 7ards, and sellin~ g~avestones or monuments, as Drovided for in oect' - ~ 91 r '~ ~o.~ _ o the License Tax Ordinance, and making suggestions for imposing of license on out-of-town isersons, firms or co~.orations, ~as before Council. Copy of commu~:~ication from the Roanoke ~arble and Granite Company is referred to the Cit:: Attorney for o~zn~on in the matter, and the letters filed for considera- tion .in :~re-~aring License Tax Ordinance for the year 1957 D~: Co~. of a~ corauunzcation fr~:~ L. H. Blankenship, addz-essed to representa- tives fr~m _.~zc,n~ona,~' ~-.' ' ~'rith reference to Dog Ordinance previously, introduced, was be- !. ~ax~,a--er'' dealin~ with the same quest~ fore Council. ~ conumunication signed "Roanoke ~ ~ ~ ~ t:as also before Counc il. Ordin?_mce dealing with the 2uestion being scheduled for its second reading at this meeting of Council, the cammtmications are filed. i~tructive 1.~urses 2,ssociation, attachin~ copy of list sent the City Li~ager and Cit Physician, reporting City patients to ~':hich the Association had been unable to give relief, was before Co~l. The co~m~ication is filed. ,._I~C~,~0~o: a complication fr~ L. ~. Lookabill asking if Co~c~ did not ghi~ it ~ould be much better if a bom%re ~ere ~de of the thous~ds of laws we have in this country, which includes Ro~o~, ~d st~t all over again ~th only the Golden Rule and the Ten Cotangents, ~as before Co~cil. answer is "yes". L~Ci~TS' LICenSE TRANSF~: A c~~icati~ fr~ L. C Montgomery and A L. Easter,t~adi~ as ~ontgomery and Easter, requesti~ that !derchangs' License be t~ ¸on .$ .& transferred from ~haner and Stump for operation of gasoline service station located at Jefferson Street and Highland Avenue, was before Council. The cmmmunication is referred to the Co~,~issioner of Revenue for rec~muendation. LIC_~ISE: A communication from the KrogeP Grocery and Baking Company registeri~ ~x~test against payment of I,icense to sell fresh fish as provided for in Section 70 of the License Tax Ordinance, was before Council. The communication is filed for consideration in the preparation of the 1937 License Tax Code. REFb~DS ~H.YD R~B~T~: A communication from ~.~. J. Scruggs, Delinquent Tax Collec- tot, asking that refund of penalty and interest on delinquent Real Estate taxes paid~ ~y ;[. J'. Patsel for the ye~s lOg,~-lC~g9-1930-19~Sl-lOiSg ar~,d 103~, erroneously assess-~1 iin the nan~ of Richard Anderson, ~Jas before Council. ,d The City Clerk is directed to prepare the proper resolution ,~or consideration of Council at its next meeting. authori zing RE]~Oi{£ OF Tile CITY I,L'~NAGER: The City i.,ianager submitted re~,ort of ;~'ork accom- refund ~lished ~nd e~:enditures for the week ending January ~0, 19~. The report is filed. ~1 ~'~$HOUSE: Report from the keeper of the AL.~shouse for month of January, 1936, as before Counc~!. The same is filed. ~LLL~£ ~LOSING: A re~r~ort from the City ~'~ttorney ~ith reference to closing a 'I12,. foot alley on the i,~orth side of Ca~obell_ ~venue approximately_ O~& feet :,'est of ,t'n Street, ~:~. ,,., ~':as before Council, the ~"~ity Attorney reco.~:u~ending, that the clos- ting of this alley be done by ~rdinence rather than by the State statute. 'i ' The City Lttorney is directed to confer ~ith ~. John U. ~.'~right, Attorney for taG rge Josel~h Rizk and Victoria Rizk, for preparation of the necessary ordinance and ,~xecution of deed conveying 6 foot strip of land in front of the said property for ~uture street widening purposes. I T~_Y~S: The City Attorney submitted written report on petition of ~.~'~rs. Alice orhan as ~'esented to Council by Mr. George L'. Chaney, Attorney, at a previous !i, ~meetin~, giving as his o-oinion that under the circumstances surrounding the t~xes due @nd the sale of the property, it was unnecessary for Council to ~urther consider, the ia~ter as the interest of the City is being protected. The City Clerk is directed to forward copy of the City ~torney, s report to L~r. haney and to advise the City ~ttorney that Council desires to enforce its rights n the collection of the delinquent taxes. REPORTS 0F CG~LITTEES: None. ~Io~t,,D BUSINESS: ~,~one. CONSIDERATION OF CL~iX,,~.S: ~ request from l~iary J. Henderson, 5Z3- 10th Street S. W., for refund of $1,35 representing duplicate payment of Personal Property ~axes paid for the year 19J~, was before Council, the City Clerk advising that the ~equest had been checked and verified; whereupon, ~r. Bear offered the following ~esolution: RESOLUTION authorizing refund of ~l.JO to h~.ary j. Henderson covering The motion was seconded by duplicate payment of Personal Property tax for the~ year 19~0. ( For full tex~ of Resolution see Ordinance Book ~.~o. 8, page ~l~ ). L~. Be~r ~oved the adoption of the He so luti on . ~r. Powell, and adopted by the following vote: AYES: Messrs, Bear, Comer, Powell, and the President, LLr, S~all--~. · NAarS: None ..... 0. I~RODUC ~ I0~ fCO ,~ CNS iDERATI 0~.~ 0 F 0RDIN~.C~S YC,~D R~0LUTI 0NS: 44 BRIDGES-FP.~'~[KLIN ROAD: Council having previously declared its intention of acquiring necessary right-of-~ay for construction of bridge at Franklin Road over ~.the Virginian Railway tracks, the necessary pn~cedure being to appoint a committee ~to confer with the p~operty owners with an endeavor to agree on the price and terms ~of purchase, and in the failure of same to institute condemnation proceedings, the iCity Attorney havir~ been directed to prepare necessary ordinance the same ytas befor~ ~:~ouncil, i,.:r. Comer introducin~ the following ordinance for its first reading: (~4735) A31 0P, DIKANCE relative to the construction by the Virginia State Highway 'Department of a bridge on Franklin Road extending from fifty (50) feet North of the present bridge over Roanoke River arrl thence North ovo~' the tracks of the ¥irginian ~ilway Company to a point on Franklin Road and L:aple Avenue one hundred eighty (180) feet North and East respectively to the intersection of the same with approachSs on l~leasant .Qvenue and Clark ~venue, declaring the intention of Council to acquire certain parcels of land needed fc~ that purpose by purchase or condemrmtion, and appointing a committee to confer with the res!~ective ovmers of the parcels of land proposed to be acquired and endeavor to agree on the terms of purchase ~ith such owners . :Z!~iE.QS, in accordance with an agreement by and between the Virginian Railway Cor.~pany, the virginia State Highway DeFartment and tt~e City of Roanoke, the Virginia State :.~gh~,ay Dei~artment pro-,poses to construct a bridge and approaches on Franklin . Road in accordance v~ith a map, plan and profile on file in the office of the City ~"ty Ensineer of the ~ of Y, oanoke for the safety and convenience of the public, the City of '~ ~ . .~.o=noke to acquire the necessary right-of-%'~ays, the costs of same to be i~id proportionally by the Virginian kail~,'.-ay ~]ompany and the City of Roanoke, the City of 2oanoke to maintain said bridge and approaches ~'hen completed; and :::.-o...-.-:: it is necessary for the 3ity of Hoanoke to acquire, and the Council of the said City is deten;~_ined to acquire, by purchase or condemnation the follo%',ing i:.arcels of i~ ~ '' $ -~n= needed for the aforesaid purposes and owned by the follov;ing par~zes NO. 1, o%~ned by Anne E. i2arsteller - "parcel of land containing 1891.5 sq. ft. more or less, being all of that portion of land o%','ned by ~nne £. L[arsteller lying between the present west property line of Fra~<lin Road and the ne~:~ly established west proI, erty line of sa_~.e, as sho-,?n on map and plan 1601 on file in the office of the City EnGineer, RoanoF~, Virginia. i:~C~ NC. 2, oYmed by" ~- S D Chambers A parcel oi' land containi~; 890 sq. ft. more or less, being ell that portion of land owned by ,'..:rs. S. D. Chambers lying bet~'~een the present West pro[erty line of Franklin Road, and the newly established west property line of sam_e, as sho~m o~ map and plan 1601 on file in the office of the City Engineer, Roanoke, Virginia. i~'ARCEL HO. 3, owned by g. U. ',;aynick, k parcel of land containi.~E. 980 sq. ft. more or less, and being a southeastern Z, ortion of Lot l, Block 9 of the Janette Land Company, and being all that portion of land o%'~ned by john W. jaynick, Jr., lying bet%,:een the present %:,'est line of Frail<lin Road and the ne%'~ly established West line of same, as s ho','m on map and plan 1601 on file in the office of the City E~ineer, Roanoke, Virgi~tia. !~ARC"ZL H0. 4, o~'ned by Katy R. Bo-;~sn - k parcel oi' land containing 6.635.00 sq. ft. more or less, and being all that portion of land owned by Katy R. Boy~m~n, as shown on map and plan 1601 on file in the office of the City Engineer, Roanoke, Virginia. p' o.~T i~0 5 o~;med by G. R. Hash- A.parcel of l~ud containing 12,625 sq. ft. more or less and being Lots i and 2, of the l:laple Avenue Addition, and being all that portion of land ox'~ned by G. R. Hash, as sho-~m on map and plan 1601 on file in the office of the City Engineer, Roanoke, Virginia. PARCEL No. 6, o;'Jned by Grtggs Packing Company- A parcel of land containing 235 sq. ft. more or less, being a portion of a trac~ of land conveyed to Griggs Packing Company by J. W. Chambers and wife by deed dated Septenber ll, 1913, in Deed Book 2?2, page 270, in the Clerk,s office of the Corporation Court of the City of Roanoke, Virginia. THEREFORE, BE IT 0HDAII.rED by the Council of the City of Roanoke, Virginia, that the agreement aforesaid between the Virginian Railway Company, Virginia State Highway Department and the City of Roanoke be, and the same is hereby ratified and confirmed, and the Virginia State Highway Department is hereby permitted and au- thorized to construct the aforesaid bridge in accordance ;°dth map, plan and profile as aforesaid, the same to be perpetually maintained by the City of Roanoke upon completion of the said b~dge a~l its approaches by said Virginia State Highway Department. BE I~' I'U~THER 0RDJJNED by the Council of the City of Roanoke that it be declared and City Council does hereby declare its purpose to acquire by ~L~urchase or con- detonation the lands or ]'nrcels of land aforesaid, for the pur'~f_~oses aforesaid; and, BE I,_' ' ......~ " · .... "~ ~'U~'I~£mR 0RD~iIh~£D that James k. Bear, .,. P Hunter and C. L. ,,aukzns, be, and they are hereby appointed a Co~.mmittee to confer ~,~th the owners of the several I~arcels of land aforesaid and endeavor to agree on the iL. rice or terms of I:urclmse for the parcels of land o%'med by the parties respectively and needed for the 'Sur!:oses aforesaid and rei~.ort to CouncL1. The o'~.dinance is laid over. Definite agreement not havi~ been reached with the Virginian Railway ~omp~any for cost o[' right-or-d, Jay, the City Clerk is directed to confer with the City Attorne~ to ascertain if it will be necessary to sm~end the present Ordinance when it comes before Council for its second reading and adoption. In connection with the Franklin Road Bridge, .~m. E. ~. J~nison appeared before Council in the interest of options previously given on certain properties and which iexp~re on February 9, 1906. After a discussion of the options in question, it being intimated that Council ~'~ould probably proceed to acquire the rights-of-way under condemnation proceedings, litt~ being the opinion that prices submitted were excessive, and after a recesss by ouncil, ~ir. Janison was advised that the options would be per:~itted to ex-pire and t the proper time the committee appointed under the Ordinance would negotiate ~ith him for the property. ~ DFutINS: The question of Easement for storm drain across property of the Viscose Corporation of Virginia havinc previously been before Council and refe2red to the City Atto~-ney for drafting of proper Resolution was again before the body, ~Lr' ~ear offering the follo-~ng Resolution: (#4736) A RESOLUTION relative to the granting5 of an easement to the City of ' oanoke by the Viscose Corporation of Virginia to carry surface drain ~ater over pro~erty o,;med by the Viscose Corporation of Virginia. { For full text of Resolution see Ordinance Book'No. 8, page ~l~). ~r. Bear moved the adoption of the Resolution. The motion was seconded by ~.~r. t~owell, and adopted by the followir~ vote: AYES:. Messrs. Bear, Comer, Powell, and the President, ~j.~r. S~ll ---io None ...... 0. DOGS: Ordinance No. 4~2 to control the spread of rabies and confine dangerous,.: ;ierce and vicious dogs having previously been introduced and read ~as again before ~ :ouncil, :.~r. Comer moving that the second reading be dispe~sed with, which motion ~ 45 was seconded by ~.Lr. Bear, and unanimously adopted. Mr. Comer introduced the fol- lowing Ordinance for its second reading: (~4732) A~,I 0;OINANCE to control the spread of rabies and to 'confine dangerous, [fierce or vicious dogs, requiring dog owners to confine their dogs during the unusus iprevalence of rabiesl to confine dogs know'tn to have bitten any person; declaring m~qd ~dogs and dogs bitten by mad dogs; fierce or vicious dogs; dogs destroying property and the Quiet of any person or neighborhood running at large, a nuisance and requir-~ iin,s that they be confined or killed; fixin~ the duties of the game warden and penal- ~ties for violation of this ordinance. ( For full text of Ordinance see Ordinance Book ~' 8, page 411 ) Comer mov-~d the adoption of the Ordinance. The motion was seconded by ~.~r. Yo~'~'ell, and adopted by the foiler&rig vote: .~: L'essrs. Bear, comer, i-~o~'ell, and the ~resident, Mr. S~all '---~. ~.~..I~oI~u 0r~ ~:~E: As requested by Council at a previous meeting, the Co~issione~~ of ~evenue submitted red, crt showing comparison of sales and amount taxes z~aTM z~ by 11~ merchants for the year 1936 as compared ~ith 1935, showing an increase in license taxes of 10.505~ for the year 1936. The report is filed and the City Clerk directed to request the Co .mmissioner of Revenue to submit total number of licenses issued and total amount paid for the year 1936 as compared with 1935 at the sallie date. BRIDGES-F~'Z~'~LLIN ROJ~: The question of progress and status of the plans for Franklin Road Bridge ~'Jas before Council, the City l~ianager being directed to commu- nicate wxt~ the State High~ay Department at Richmond to ascertain if and when the ~plans have been for~',.'arded to the Bureau of .~ ublic Roads at The City iZanager is directed to advise the i~resident, I-~r. Small, the status of the situation, who ~'~ill connnunicate ~.~lth the Hono_~able C. ~. 'Joodrum in Lasb_ir~ton, '~ith a vie~' of solicitir~ ~' .. ~zs cooperation in expediting consideration and aZ~proval of the plans in Washington. R0~d~Ci~ ~[0Si~ITY~L: Statements anounting to ~270.00 for special nurse's services s. nd board rendered Geraldine h~]innix, an indigent patient submitted to the Roanoke Hospital for period frGn December 5th to December Zlst, inclusive, were before Council and discussed. The statements in question havir~z been approved by the City Physician, ]d.r. Bear offered the follo~.~ng Resolution: (,~4737) A RE£0LU~_:iON authorizir~._~ payr=ent of invoices amounting to $270.00, representi~z special nursling service, and board for nurses, rendered Geraldine Zinnix, for a period from December 5, 1935 to December 31, 1935, inclusive. : ( For full text of Resolution see Ordinance Book !~o. S, page 414 ). .!: !~.'.~r. Bear moved the adoption of the Resolution. The motion was seconded by !gr. l~o~e!l, and adopted by the following vote: A¥~: .~essrs. Bear, Comer, l~'owe]l, and the }resident, ~ir. Small --4. NY~YS: Non e ..... 0. The City Clerk is directed to request the City .Physician, Dr. Irvin, to appear before Council at its nex-~ meeting for discussion of indigents, hospitalization, et~ !. '~nere being no further business, Council adjourned. APPROVED President ,! COUNGI L, ?d~Ob~L/ul LiEZ~II'IG Friday, February 14,1936 The Council of the City of Roanoke met in regular meett~z ir the Circuit Court Room in the l.:unicipal BuildinG, Friday, February 14, 1936, at 3:00 o'clock p. m., the regular meetir~ hour. L'..essrs. Comer, Fowell, Bear ....... lo end the lres~dent, Mr. 5mall--4. The ]resident, L[r. Small, presiding. PJ~AL '~-' .... '~ '~ .... ' .... .'.~.,~z'~-~-:~-~o ,~'JD iLAYGi~ObX'iDS: _..~r. B. Z. Chewning, Vice-t:residont of the ',,est Raleigh Court Land Co~npany, Inc., a!~peared before Council and presented corn- munication offering for sale ~arcel of land containir~ approximately ten acres ira- mediately adjoining the '.,oodrot~ Lilson ~chool located at 500 Carter Road, advising that the students have for a number of y~ars utilized a portion of said land for ~ recreation i~urposes, and as the coml~any is now contemi:lating disposin~ of the pro!~e~y, before proceeding, it is their intention to offer same to the City. '~urinf~ a discussion of tn~ ~ cuestion_ the }resident, reminied llr . Chewnzn~ that the C.it~, had been ;sry fortunate in acquiring by gift two tercels of land during 'the past year for park and !~lay~'ound !:.urposes, and that a proposition for another track of land in the ~outheast 3ection had been offered to the City, and that if his c~..~pany cared to ~ake the City a proposition, perhaps on a semi-gift basis, the City would be glad to consider it. ]~mit~]r'propositlonChewnl advised, to Council,that he ~'Iould confer ,~vith the la~bers of his company and offered. :]'idanar'~er of the .. C omIRUfllC alii o n, and "EE" , together with blue print showing details of the land J. L:cOorkinda!e,' for the City of Roanoke, Ro " ~ ' ' ano~.e Gas Light Company, appeared before .~ounczl and submitted :; ! ~ooe~,or with schedules of proposed new gas rates, 3chedu!es "S" "~" -¢:hich schedules.he advised would be submitted to :{ the State Corporation Con~nission. .After a discussion of the Question, ana Council ~mvinE been assured by LicCorkindale that the neY.' rates as proposed contemplated no increase in rates, but to the contrary would b'e a reduction to a number of r~:as users, L:r comer noved that Council go on record as favorin~ the chan..-.-je in accordance with schedules submitted. The motion :ms seconded by L~. i/inn and unanimously adopted, the City Clerk being directed to so advise tn~ State Corporation Commission, sending coi:y of the propose~ schedules with his c mmmunication. BUDGET -~._PR~oPi~.~I,.,Lo-oon00L B0~RD: Representatives of the UPA and the School Board having aispeared before Council at a previous meeting x'~ith refez~nce to UPA Yrojects on school buildings, appeared before Council advising that a meeti~z had been held ar~ tentative schedule' of projects adopted for reeommerdation to Council. The schedule in question was submitted showin~ a ~ro~osecl cost to the City of -~7,365.00 for materials and ~17,036.00 for labor to be furnished by the Federal Government . The individual items as shovm on the schedule having been discussed, it was the unard.mous opinion of Council that outside painting of the school buildings should 47 48 be deferred for time being, final egreement beir~ ~eached, however, thet the School Budget would be supplemented $4,000.00 for repairs and maintenance of schools, the understanding that the School Board a nd WPA representatives work out the dis- tribution to the mutual advantage of the School Board and the relief situation in the City, with the further understanding that the supplemental approi-,riation will 'not, and cannot be exceeded for the fiscal year ending July 1, 1936; whereupon, '.,.:r, Comer offered the following emergency Ordinance: (f4739} ~ O;~,DIN%~.~ to amend and reenact Section ~90, 'ordinance adoi~ted by the Council of the City of Roanoke, Virginia, on the 28th '~ "An Ordinance ~kin~: app~priations for .day of june, 1935, ~.~o. 4b~7, and entitled, ~ 'the fiscal year beginning Jul,'~. l, 193~, ~d endi~ June 30, 1906." ( For ~11 text of Ordinance see Crdin~n~ce Book '~o. 8, pa~e 418 ). ~'.:r. Comer moved the adol.tion of tt~ Ordinance. io~';ell, and adopted by the follou'ing vote: The motion was seconded by L:r. ~,:.,.o. :..ess~o. CoL'~r, lowell, ,,iml, and tho iresident, 1qr. Small --4. .~,_~~~: ilone ...... O. ( Mr. Bear absent ). CITY i~h-YSICL2'i: ~',t the request of ~ouncil, Dr. Char!es ~.l. Irvin, azfeared before the body for discussion of hospitalization of indigent patients, the ;resideut, i.dr. Small, advisi~ tt~at Council 'cas a little bit disturbed over the cost of maintaini~ '£~atients in the hospital, it bein:.~ the thought that perhaps some of the :.atients reL~ined a little lon('~er than ;,'as necessa~, and that Council rJas anxious that ex'~jenditures for indigent !:atients be kept more nearly in line with the budget appropriation_. , and called _~mrticular attention to a recent case ,here the exi~enditure e,mounted to more than Dr. Irvin gave a rather lengthy verbal reyort on the oi:eration of hospitalizatiod an'i tre~mcnz o: indicent~ _uatients _n~ ~ the City of [doanoke, givin~ as his ov~inion_ that the ~endztures for this l~Urpose ~';ere not comb. arable to s~aounts exloended by other l:unici_u:alities, his contention beins supported by figures secured from other cities throushouZ the State. It ;:as ;;~ tho' ~ u~:n~, t Roanoke ' s a~.'!)" '~" and · o~,~ation ~.cilities for ~ndlin~ thes~ in~de,~ua~e, tlc ~so advised that beim~ familiar with most of l. atients sre entirez~ - ~, ~' ~ the indigent cases in the City, he did not attempt to nmke l;ersonal response to all the calls received, but instead handled a great many of them by telephone, it being his tho''''~ ~,,~ that it ~'ras ~ !,hysical im!:ossibility for any one man to be able to ans~ve~ ~!! of these calls under the set-up as now exists. The l. resident, i,]r. Sr~ll, stated, that the request for the. City Ph3~ician, s ap- t.earance before Council ~','as not intended as any criticism of tbs conduct of the de!.artment, but :;-ith a vie~-: of better understanding and coo-peration. Dr. irvin assured_ Council it was his desire to cooperate in every manner Z;ossibl~, and if at any time in the fUture additional information should be desired, he ;','ould be very glad to again appear before the body. , ~: A communication frcn the i-urchasing' ~ent attaching thereto letter from the BradT-Harlan Coal and Coke ~'~.'~o-,~' asking for ~'~een cents ~er ton increase in the contract ~,rice of coal furnished for iqunicipal i, urposes, as '0er bid submitted on :.'ay 9, 1955, and acce~ted on~._~y"~- 14, 19~5, '~';as before Council. i~"..,. The City Clerk is directed to refer the Purchasing ~gent to the bid of the Bradyt ilEarlan Coal and Coke ~:,.~any and to advise that Council expects the ~"urchasing Agent[ to see that specifications of the contract with the Brady-Harlan Coal and Coke Ooml)any are complied with, bolh as to Quantity of the contract, and as to price. v~.,.~..i~l,~ _.,~.~vi~..,Li~ii~,-.~: ,, communication from the LeaGue of Virginia Munict~lities askinc that Cou~tl call special ~eti~ and adopt appropriate resolution for transmittal to legislative rez,~sentatives with reference to ~ouse Bill ~o. 178, de~i~ v~lth highvmy funds for cities and to~'ns, to be pro-rated on a total street mileage basis, was ~fore Council. After a discussion of the question th~ i-resident, :.:r. Small, indicating that he e~ected to be in Richmond during the coming week; it was the unanimous opinion ' of ~ouncil that no action be taken with reference to the c crmnunication, but that the. t;'resident be directed to confer personally with the Roanoke representatives. The conm~unication is filed. ,'.-,'..~o-R~,U~'~Do ~.-~,,D ~,'.~x~o: communication from B. T. Pedigo askir~5 for :'efUnd:i Jcl .~15.00 assessed and ~aid, Ibr runn-i, ng sewer lateral to his property on Uarringtonl _ !iioad, Raleigh Cotu~ ~mex, ~'~as before Council. [ The petitioner contended that t,~ hex'; sewer connection was unnecessary in that iu lateral had I.,revio~sly been constructed, and the Engineerin~ De~.artment did not ~ttempt or did not locate same. ~ The cormnunication is referred to the City :dmnager for investiEation and re£:.ort. ~,~ n~,~,o: .~ c~unication from B '~ " . ~. ,illi~ns asking for ref~d of 7~.00 representi~E off-premises be~ license_uaid for the =~=~ 19~5 was before ~ouncil. The c~unication is ~carried over until the next meeting of Council. ~" between Bu'lli~t ~ Ja:~ison Lvenues for ~he 'i;ose of laying a 4 inch ~s ~in aDi)ro~te!y lgb feet ~';as before Council, tlne ~ty ~.[anager reco:~m~ending that the ~ermit be g~nted. Mr. ~;i~ moved that Council concur in the reco~endation of the City M~a~er, ?nd offered the follo~' ~ ~ Resolution: l~1 ,.~' T~1%1 ,"~ ~t (~4738) _~' R=~UL,~I~I, ~ g~ntin~ a per~t to the Roanoke Gas Light Com~y to [~ta!l a certain gas ~.:ain. ( For full text of Resolution see Ordinance Book No.8, page i.,ir. ;,'inn moved the adoption of the Resolution lowell, and ado-oted_ b,~. the follm:~in~s vote: ~_~.~.. ~,,~ssrs. Comer, i'o~.,~ell, ',/inn, and the ~resident, 1,ir. Small---%. 417 ). The mot ion was seconded by REPORT OF REPCRT OF '~ '~ TY "' "~"~ ~' ' · z~,'. CI I,~,~=,'.:~. The Czty L~.anager submitted report of ~',ork acco~olished and exi~enditures for week ending February 6, lg36. The same is filed. C0l:i'[I-~Sz0~,~,~ 0~.' P~-V~iUE: The Co~muissioner of Revenue submitted report and racom- The motion was seconded by ldr. mended the transfer of i.lerchant,s License from £haner and Stum~ to i2ontgomery and Easter for operation of gasoline service station located at Jefferson Street and Highland ~..venue, which question ~as prev:[ously before Council and referred to the Commissioner of Revenue; whereupon, Lir. Uinn offered the following Resolution: (/~4?40) A RESOLUTION authorizi~ transfer of ]..:.erchants, License from Shaner and Stump to L~ontgomery and Easter. ( For full text of Resolution see urdinance Book i...~o. 8, page .41.8 ). L'[r :,~inn moved the ~ - ' · a.~opt~on of the Resolution. Somer, and adopted by the following vote: AYES: L:essrs. Comer, lowell, ',,'inn, and the President, fir om. all--_ ~,~Yo: None .... 0. 49 5O CITY ~,r, ,,,: ;:.., r~,~ R. ~-~-~u.~: Heport from the City Treasurer, C. Kennett, for month of January, 1936, showing collections amountin~ t~ $15,183.32 as compared with $31,853.48 for the same period in 1935 was before Council. The City Clerk is !directed to communicate ~ith the City Treasurer ami ask ~,'hat reason he assigns for the fifty percent loss in collections for the month of January, 1936, as compared with the same Defied o~' 1935. H~TH ~"; ' ~"' ~w"'~' a~,~n,.~.~,,: Report for the montl~ of January, 1956, was submitted to Council by the Health Department. The report is filed. The ~*~ity Attorney submitted report and recormuendation reference to re:~uest of Nora Fogle through her attorney, John G. Challice, for refund of fines amounting to ~70.00, the City Attorney giving as his opinion that t~ >etitioner is not entitled to a refund. The City Clerk is directed to forward to ;.ir. John G. Challice, Attorney, copy of the re~,ort and recomz~endation as submitted by the City Attorney, and advise that Council has given the Question consideration and for reasons stated in the City Attorney's rey. or~ sees no reason for maki~ refund. -, ,~o-~,..}LOZ~...o: :, rei~ort from th~ .~ity ~uditor listing names of DSLIll :'~"f T ..... '~ ' ' ''~' " '~ c.',u!loyees submitted to the City =r=asurer for insertion of delinquent taxes, to- t,. amounts delinquent, except the 'i~ersonnel employed by the School Board . ceti',-er ri'b was oe~o-re ~ouncil. The '~' "~' k ~ .~zt~ ~ler is directed to re~,uest the ~ _ .~ity Treasurer to insert amounts for the school employe~s osI ',~om-.pti~:., as Eossible, and to make deduc-~ tions zn =ccoraa:~ce with the off-set Ordinance So. 4444, adopted by the Council of the C=ty of .~.o~no~e on january 25, 1935 .~ty :~uaitor submitted re'.>ort shouting 3est and exienditures for ~ AIE}'ORT: The ~ ' ' ' t he '" '~ ' - ..,u~,zcipal AirD~ort uP to and inclu~ng January 31, 1936, the total amount bei~ ¢160,520 .!1. In c~menti:~ on the state.uent the Yresident, l,.ir. Small, stated it was his opinion this is about enough of the tax!~yers' money to spend until after the pre- paration of the ne',': Budget, the City i.lanager being instructed to make no further exlenditures of City funds for rum','ays and lighting until approved by Council. The City Auditor submitted statement sho~;ing status of certain'accounts in the Budget as of january 31, 1936, for v;hich suppling, entel ap- Dropriations have been requested. The res. oft is carried over for consideration of Council at its nex~t meet in~. S-,.-' ~-.~ ~--' '-' . y Auditor to ~,i,~ _~L~,D: The ~zty Clerk is directed to rec_uest the Cit, furnish stat~.,,~ent for the information of Council at its next meeting showing statu~ of +"'-"= jiIfi:in,:~ ;~und as of February 1, 1936, seoarated and classified as to securi- ~'ties held and maturir4z bet';Jeen 1937 and 1941, those maturing at a later date, and amotmt of cash on hand. Li,~-.om: i.,Lv. Comer havin6 been appointed as a committee of one to confer with · jud~de Akuond in the matter of fine in'posed on Charles George for operating wood yard without license, reported he had conferred with Judge .~]~uond and that the case had been continued until the Llarch term of the Court, but from the information gat hered, Charles George is doing both a wholesale and a retail business, and is $_ ai~arently liable for the license as ?escribed under Section i~150 of the License '~Code for conducting the business of a wood ~rd. UN~I IiI~HED BUSINESS: None. COilS IDERATION OF ~L,'-,I.~o: None. I~RODUCTION AI~D GONbI DEFu%TION OF ORDikA..,~Eo 2~ID RES LU'?I RKWJI.;DS ,'rid R~ATES: The Delinquent Tax Collector having previously requested refund of S91.74 covering interest and penalty for Real Estate Taxes l,aid by I,:. J. Patsel, and the City Clerk advisi~ that the item had-been personally checked and found correct, but that 1934 and 1935 taxes on the proi. erty in question still r~nained unpaid, fir. f'owell offered the following Resolution: (~47421 ~ R£LOLUI~[0N authorizing refund of ;~91.74 to 12. J. Patsel covering interes~ and penalty for Real Estate Taxes for years 19~5-19£9-1950-19~1-19~2 end 19iS. ( For full text of Resolution see Ordinance Book No -~' ra,,e 419 ) Lir. i-owell moved that the Resolution be ado~oted. i:r. Comer, and adopted by tt~e follotvfng vote: motion ~.',,'as seconded by ' '~'" ~ ' Llr. ~;mal 1 --~- .,-,~.~: iiessrs. Conter, lowell, '.,'imm, and the Freszden't, =. N.':fS: :..'one In transmitting coo?:, of the Resolution to the Cit?~. Treasurer and Cit"~, .~uditor, 'the City 3lark is directed to call to their attention off-set Ordinance No. ~'~ and as}[ that s~ae be al,plied against the refund. ,~±i'.: Li]iiTS: Ordinance No 4716 havin~ previously been intz'oduced and laid over was again before ~ouncil, . · ~ , i.:r Comer offering same for its cond reading: iline on :~" ' " ~st ~. de of 9th Street, ~.. ~., i!imits of the ~ity of Roanoke. ,h (/f4716) z'~'il,v 0[~.~~''y'. ,~'(-~.~,,....~ co~cernin,S the establisbc'.~ent of a five (5) foot setback between Lync hburg ;~venue and the c or:.?orate ( For full tex~t of Ordinance see ~rdinauce Book ~[o. g, ia.se 415 ). Comer .moved the adoption of the Crdimnce. m'.-,=.,.~..~,., motion ~','as seconded b:?~ i. Lr. ~':" . l-o~?ell ',,inn, -told the ~resident, ~.'~. Small --.". _~ ~_.'.~. L[~ssrs Comer ~ ~ such o%';ners. ( For full text of 0rdLum~ce see Crdinsmce Book No, 8 . ~.,on~ ---0. at 2razficlzn R~d over ~:~e Virginian Rail;'zay traclm, ~d a~j. 3ointing a cm'~m~ttee to confer ;':ith owners of Darcels of land for right-of-~;ay havinrz previously been introduced wes ~ __ before Councql, L~r. ~Tinn offering same for its second re '' X _v~ to the construction by the ViPginia gtate nzcn~ay Del-.artment o~ a bridge on ~'ranki~n Road extendimd from fifty (50) feet North of the present br[d~e over Roanoko R~ver and thence i[orth over the grac~"o of the Virginian Railx':ay Company to a point on Fra~:lin Road and i.la-~le _,venue one hundred e~h2y (!S0) feet No~h ~d East resi:ect[vely to the 5ntersection of the s~ae with a~roaehos on lleasang ~venue and Clark Avenue~ deeler~n~ ghe ingen~on o7 Council to acquire certain tercels of land needed for that ~pose by purchase or conde~ma- tion, and at:~ointi~ a co.muzttee to comfe~ '~z~h the ~es,.ective or:nets of the parcels of land pro'posed to be acquired and endeavor to agree on the terms of i:~chese with 416 ). ,~ 51. 52 Mr. ',inn moved the adoption of the 0rd~nenee. The mot ion was seconded by Powell, and adopted by the following vote: AYES: Messrs. Comer, l'o~.'ell, :,inn, and the President, ,~&r. S~ll --4. ,~ HAYS: None- .... 0. i ". Sma introduced correspondence ~ In this connection, the l'resident, .~,:r 11, ;Congressman [ioodrmn and others with reference to expediting o:~nstderation of [ilans by the Bureau of i'ubli¢ Roads in i'~asht~tono ~ ',rite Captain J. D. Fauntleroy to ascertain if '~the o f i"t ce. The City Clerk is directed to plans have as yet left the Ricl~ond with the BUDGZT: The City Clerk having been requested to 3repare ~ergency Ordinance for supplementary approi'riation to ~cccunts ~66,~150 und ;~61, of the Budget, the Aec ti on ad opt ed s June, :..I o~i!ln: ?reset. ted and the follo~'~i,~'.= offered bv~ "' '" ' ,''~ "~E ~o ~"~ ~ "~erLency Relief" '~ ~.,,a an~ reenact ~ection ~66, FI~O, "3treet 3o~tructien", and 5~tian ,~61, ,'~house", of an Ordinance by ~h~ Council of the City of Roanoke, Vi~Einia, on the 28th day of 1955, ilo. 4547, and entitled, "fd~ Ordin'ance n~.~kin~j as?roDriations for the fiscal year be~gi:min' July 1, 1955, and ending June 30, 1956." b,: Lit . For full text of Ordinance see 0rdin~mce Book Iio. 8, ~age 419 ). t:~ adoption of the 0rd-~nance The motion ¥;as seconded ~ . ' ~ _ · ..... ~ ~OV~d ~ ~ i'owell, m~d adoi~ted by the fol!o~ing vote: ~.~o"~" '. L:eosrs.~ . Comer, ~ou'e!l~ , "i.. ,un, and. the ires!dent, '..ir. Sm£11 ---i. from if, rs. H. L. 'domack, Seer et ary-Treasurer ZL'Jf~: !:one -0. UBLI~ ..~l.~,--.~... communication of the Council of Social :..fjencies, askin,z that Council appropriate funds to help ~ -,~oe,~ . of Ro~oke's ~';elfare needs x'~as before Council finance the ~ro~ ~ ~urvev · Bear bein" a -,ez~ber of the 'ub!ic elfare .~dvisory Com:~-.,dttee, the cormnu- nicat~on is referred to !~im for repo~ and reco:nnendation at the next meeting of Counc il. ,_'t:ere beinlj no rurth~ business, on ~..ozion of Zr. ~,;inn, duly seconded, Coumii APPROVED adjourned. Pr e si dent Friday, February 21, 19~,_~. ~ q[uoru_m failin~ to a2~,pear, the meetir~U is adjourned until Febluary 28, 1936, at 3 o'clock p. m. At'PR0 VED President .53 COUNCIL, SI~ECIAL ~.iEi~'IEG, Tuesday, February 25, 1936 ? The ,council of the City of Roanoke met in Special ideeting in the office o.f the !City Cler:~,.. in the 7_unici~'al~. nuilding,_ Tuesday, February 25, 1936, at 12:00 o,clock :~. m., called by Zr. James ,~. Be~ for i>ur!~ose of co~ideri~ Senate Bill i:o. 252. "~ ...... ' Zessrs Bear, Comer, and ik'. j:r~l 1-g. '~'~'~'. LIeSSl'S Li~ ~d the i'resident, 'fhe Vice-Fresident, Zr. Son~r, presidins. ~ - ~. Lk'. Bear stated that his attention ~d been attracted ~IVIL ~D 'CLiCE JUSTI'~ ~' to 2enate ~%~!1 ~o. ~LA, 'i%ro~,3osi~ to c!~ange oection 9 of the City Charter, prov[din~ ~.io~ntmont of ~ivil and ]Jol[ce justice for a term of two years, the said for ~hc '~ ~' '~ ~ '~ bill l',roposinc to extend the term to four years. vresent havi~t_~ no hnowledce of the pzoposed bill, on motion of The ~.~embers _ LLr. Bear, seconded by Zr. 'owel]., and uneair:Lously adopted, the City Clerk is directe State Semtor, and to folw;ard tl~e follo~ving lead. er Lo ]ionorable '~' "'e~ B. J~f,t~erson, ~,~ho is absent in Richuon~ ~','ith a co!U to []ayo~' ~ydney F. Small, sr. onsor of the bill, Viroinia, for his in ..... ~' ,'February 25, 1936. File ~50-62. Honorable iiarvey B. kpperson, State Senator, Ri c hmond, Vir gi nia. .~,.~. z~person: .%t a £pecial LAeetinE of the Council of' the City of 5oanoke today, %vith Llessrs. ' Bear~ Cor~er and io%':eil p~sen~ on motion ~u!y seconded~ ~d unanimously ad~ted~ T ~2 d~eCted to co~:~unicate with 2;ou and cell to yo~' attention tP~ fact that all al?ointments of of Ticers bT: 3ounci!, as ?r~oed for in Section 9 of the Charter of rue Oit--of ='~ano~,~, ere for a p~iod of t~o ye~s; and to ask that you kindly advise reasons for chan~ins tena of tl~e Civil and ;o!ice Justice from the t~o year ' to a four year term, ~ -.~3osed in 7o~ Senate Bill ~252. ~ ~rompt reply ~';ill be creatly alpreciated. truly youms, I! i! City Clerk." _ ~"ounci] adjourned There bein2 no further bus~ness, ~ - · APPROVED Presmdent it CObT!CIL, REGULJ-~R MEETING, Friday, February 28, 1936. The Council of the City of Roanoke met in regular meeting, in the Circuit Court Room in the ilunicipal Building, Friday, February 28, 1938, at 2:00 o'clock p. re., the early meeting hour be.lng called for the I, urpose of disposing of accumulated matters carried over when the last rm-~eting was postponed when a quorum failed to answer the roll call. I-R~c~;i: 12essrs. Bear, Comer, !-owell, and the iresident, LPr. ~.m]l --4. . :"" !)'~'e si di ~WS. The i'resi dent, .,.z w . iluffman appeared befoi~ Council advising that he ~,~ ~l~--~ai_ ~ .,-~1 : . - . ~ ¥~as the owner of a lot on l.:ontrose f,venue, d. Z., and that his deed called for a frontage of fifty feet, but that in a recent survey made by S. Bo 12alcolm, Enf£ineer, the actual frontace acgregates only forty-five feet, althouch lie b~.s boen 'laying taxes on a fifty foot lot. A discussion of the %uestion developed that the ~mtter had been brouzht to the attention of the .:]it[,, iPanager and ]ity Enc-ineer, mid that in order to provide for the fift~'; foot lot, as called for in the deed, a resurvey be made and reduce the ~: ~'~dth of tae alley five feet adjacent thereto. The question is referred to the City L~ana~er with the reo~uest that he have the City Engineer make necessary survey and report his reconu-..endation to Council at an early date. communication from the Merchants, Protective Association, with reference to Fark-C.-bieters, advising that in view of difference of opinion ariong ~L!erchmnts it had been decided to table indefinitely further consideration of the .i'arr~-0-r~e t ~' {~' ' *' er ~lan, x'~as before Council. ~he cor~iunicaticn is filed. F~'~.~ '"~-' ~.,~..Ioolv~..: ~, c~lunication from the Federal Fewer '~o~:iission 'Vir,zinia, has r;ade al~i;lication for license for a proposed water 2o~;er E, roject on .Roano_ce-Sta~mton ..-,zver in the cotmties of Bedford, wittsylvania, and wra:-2:lin, and advising ~hat the ~.'.nith i. un~ain Power Company, 111 South Fairfax Street, Alexandria, udvisiik; that any comv. ent on or objection to the a!:.plication should be received on or before l[arch 15, 1936, ;';as before Council. The co..~,.u,ic,tion is referred to the City =:ttorney for such action as he may think necessary. ~,.,_,::.u ~.._~,~.: ~= communication from the Cold Spring Cre~iery, Incorporated " '~ reouesting that in- located on the corner of Sixth Gtreet and Third Avenue, ~.~. ,,., _ ,, i_'.rov~ents be ~de to ~reet and sideiv~k on Sixth Street, _.. ,,., from ;ioor~n Road to First =venue, N. W., to neet rules and re~latio~ of the ~tate of Virginia and ~he C~g7 or Roanoke got handling m~lk ~roduegs was before CouneS1. The City 2anager advised that this question had been before him on previous occasions ai~i that ~l,e o~';ner of the piof. erty in quesozon had been advised if he would bear his proportion of the cost for sidewalk construction, the Lmprovements , t~ould be .made, but so far the said Dro-oerty owner has dec.'lined the proposed ~,'cDrovements under this arrange,~':ent which is standard in the City. 5¸5 56 The City Clerk is directed to advise the Cold Spring Creamery, Inc~porated, if it will prevail ur, on the property ov,'ner to contribute the cost of the cement for ~sidewalk alii curb and gutter, which is about one-third the total cost of construc- itlon, the City will undertake the necessary imirovement. oTR~.~ II,'-P~0V,'i.'E?'IT: ~ co~uuunlcatton from the Clerk of the Board of Supervisors Roanoke County, advising ti'mt on i,'ebruary 17, 1936, the Board Of Supervisors, by :~otlon, duly seeonded~ and unanimously adopted, ordered, that Lincoln Avenuo be taken iznto the ~econdary Hi~;hway ~ystem of Roads in Roauoke County, a~K1 that said avenue improved durir<: the su,,;mer, was before Countil. The 3ity Clerk is directed to [br~ard copy of the communication to I[onorable I.larion J. Battle, member of the i.louse of Delegates, advising that as soon as the County improves the road in Question, the 3ity ~'~i!l be glad to improve the connectin ..... ~'" "'."'- communication from josei::h ,,. Shires, Denver, ~ , -'-r-'~-,~L,~,-~.~. ,-- ~olorado cai lin~ attention to his !~.]an for changinz clinmte in cities, m~kinG winters less sever8, and su'~:~.ers more cool, arz! by the sm',.e -:-:recess a',xi system, removin~ snow as it falls end convertin-c it into a nice soft gentle rain was before Council. .,.l~e conz~_unicazion suggesting -~,:=t tb;s be" ~ _" -, -- ~S a i:iunicir,~,.! affsir ~'~'i]l beconase a !:oliti'~'~l~;._ one'-' ~:"nd cu. nct±aates _fei1 office ',':~.il run for or acaknst the c!ir.~ates, on motion of the ~-es~_c.~.~i ....~,, lt. omal!, seconded b'.; :.z. ]o~':ell, and una~Limousl2.- ado.~ted, the '~ity.~ Clerk. is directed to for~;ard co'~y_ of the co.wnuunica'tion to each of the five candidates for Cou'ncil, v.:ith the suggestion tl~t they go on record as being for or .... - ~ ~ v and that a copy be sent to 3. F I.[oonmw, decretary a~inst tile c!iz~ate ~n ~o~no~e, . '~;,'~-~: .-~ ~o;;m~erce, for such action as the Chamber sees fit to take. P_'~Di0 ;.~2> ~,CLIC£ C..25: .~ commuuni cat ion from the County of Roanoke advising that at a regular meeting of the .Board of Supervisors, held on February 17th, it was decided that radio automobile sets be bought to be placed in the oheriff's cars, and asking 'permission to use the Roanoke radio system, was before Council. In discussing the Question it was recalled that the County had been invited to :_~.articil~ate in '~"- ~..:_,e cost of the radio system at the time the initial installation made, the County to participate to the extent of some nominal fim~,ncial charge, but had declined. On further discussion of the question, L~r. Bear moved that the County cars be permitted to use the Roanoke radio system on the same basis as now permitted, the State cars, subject to revocation by the City of Roanoke at any time upon sixty days notice. The motion %';as seconded by iLr. Pow. ell, and unanimously adopted. IifoTRUO'ziVm VISITING iUz-,o.z~ ~ou~z~zlON: L commtu~zcation from the Instructive .Visiting i~urses Association requesting authority to recall the nurse who was laid off at th~_..~ direction of '~ouncil~ , was before the body. until the next meetin~ of Council. ~_.~. ~ communication frcra the Roanoke Real Estate Board asking that the three s~.ecial policemen recently employed to watch vacant real estate for a period of ninety days be extended, ',~;as before Council. The c o~uunication is laid ove~ It beins the concensus of opinion that the special police_m~.n have contributed materially in reducinG, vandalism, Mr. Bear offered the following Resolution: {#~743) ~ R£SOLUTiON authorizing the extension of employment of three police t' iofficers, as ~;rovided for in Resolution i. Io 4698, !~cost of .~345.00. !. for a period of thirty days at a ( For full tek-t of Resolution see Ordinance Boo}: I[o. 8, !~age ). If~'. Bea'r moved the adoption, of the Resolution. The motion was seconded by ~,!r. Comer, and adopted by the following vote: Messrs. Bear, Comer, Po~'mll, and the President, Mr. Small ---4. ,NAYS: None ...... 0. ( Mr, '-'inn absent). T,'df2,~: k coLmaunication from ,. M.Farrar ~0egisterinc protest for certain exemp- ttons of tax pa~ents, %',~as before Council. The communication is referred to the Conm]~issioner of Revenue. L~.J'JE CF VIHGIi:I~ ~.~I~I~LI~I~o: A s~ecial cormaunication f,rom t]~ League of Vircir:~a :.;ui',iciimlities with reference to Legislative matters pending which effects i.[unicipalities, was befo-~'e Council. ~,. co!,y Imvi~z previously been furnished the individual members, the communication is filed. DOGS: A co~m.uunic,~tion frmu 12r. George L. Denison, Manager of i?otel Roanoke, u~itt] reference to complaints of continuous barking of ~ ~ . ao~s in the territory adjacent to the hotel ','.,'as before Council. The communication is refez'red to the City ~ .,..an=~er ~'~ith the .reqwest that the c~'~'~laint be investigated with a'view of relieving the situatio~. LICfZ~S£S: A commm~Hcation fron the Ealtimore ~ssociation of Coruuerce asking for, an opi~ion regarding the interDretation of Lcction ~8 of the License Ordinance for ~ the year 193~, ~ ' ,'ssi i.ierchants and iianufacturer,s Azents, coveri~f.~ Brokers, ~onu~ on -. ' before ~ouncil. ~^~"~o%'Aedce recei!.:t of the com.munication and to The City Clerk is directed to ~,,,, advise that the case cited is subject to a License under Section 38 of the License Ordinance. ,.~,I.,..o: ~ com~ntu~ication from the Adjutant Genersl, ~. Gardner ,,a!!er, ~.';ith ~ r-oference to Armories, advisinu it has been difficult to secure definite informationi the -,,orks Progress .~dr.inistration as to construction of A~aories lar.ger than a standard s~ngle u=~t, but that ~'- -~ ...... ~,~ rresident is b~ng ask'ed to ear-mark funds for 'i the construction of the larger units, was befgre Council. It being the un~.nLmous that there is no further action Council can take at this time, oi~inion "~ ition is filed. the c onm~unica- that no such ordinances have been adopted by the Council for the City of Roanoke, and asking that copy of the survey be furnished when comt, leted. CR0oo-~/~Ro: k cc~nmtuuication from ~. F. Ja~...ison & Corn_party re%uestin~ per?~it for cross-overs to acc~,._~odate fillimg station on the South%'~est corner of Tazewell LICEiiSE: A communication from the !iationsl ~..ssociation of Broadcasters asking that copies of ordinances ~-~'ith reference to re/.~lations and t~xation for advert~ sing, was before ,~,ouneil. " The City Clerk is directed to ac~mowledge receipt of the co.~z..lunication ad,~i.~ ns,; Avenue .and i.~inth Street, S. E., and the cutting out of 25 or 30 feet of the parkv,'ay on Hinth Street, and the City pave same, was before Council. After a discussion of th~ euestion, the President ap.nointed as a cors~_ittee l;.essrs. Powe!!, Bear and iDn~ter to ~ke investigation and submit re~ort and rec~?.mmen- dation to Council at its next meeting. ~.~,~.,,~: ~Lr. Charles L. Gollehon appeared before ~ouncil and ~esented blue print sho~ing Gollehon ~ddition, ~own as Beverly Court, and asked that Lots 11 to , inclusive, no~;' zoned as Resident District be cha~ed to Business pr~oerty. 57 58 The reiuest is referred to the Board of ~oning Appeals for investigation, re!'or.t and r eco;z~len da ti on at the next regular meeting of Council on March 6, 1936. ' :-' l[orton al~poared before Council and i~'esented map of the Ru:mymede Oo~or3t~o::, askl~ that ~ley beZwee~ ~$~ Z to 1~, iaclustve, and 14 to :g6~ inclusive~ Block 1~ be close~ im or,er go pemtt e~ansion of sgock yard now ~operated by the Hoanoke Live Stock 2.iarket, incorporated. 0n motion of L~. Comer, seconded by L~'. Bear, the ,luestion is referred to tl~e ig,j~ Attorne,~, x'~ith the reeuest_ that t~e prepare the necessary papers for c~ostng_ ~he e~eT~ ~g be[ns tmdersgood gha~ an7 use or oeeu~ey mus~ nog block or [nge~fere x':ith the p~sent ~tural draina~ system. ~ REi, L~;D~ ,'d;D R~AT:~'::~',.o. A co~munic at ton from .... .,. ,,. i:rebs, Elect~ct~l I~l:,ector, re%uesti.~ that ... L. Turner be refunded 02,74, coverinj duplicate electrical in- si'ection fee laid in error, was before Council. It ail,earing ~o be a duplicate pa~nent, i.'r. Boar offo.--ed the follo~'/zng of electrical iuspectlon fee laid in error. ( For full text of Resolution see Ordinance Book i'.~o. 8, page 420). Bear moved the adoi~tion of the Resolution. The motion ~'~es seconded by lowell, sad adoi:ted by the follo~';ing vote: !'owe 11, am! the Fresident, !,ir. Small .... 4. reference to refund of Lena!ties and interest on taxes i~aid on i~roperty belonging to i:. J. Patse!, and assessed in the nam~ of Richard R. Anderson in error, %','as befor~ Council, the .~ity Treastm-er advisir~g that the pz~sent owner, 11. J. Patsel, is resdy ~to lay the 1934 and 1935 taxes if relieved of the !:enalties and interest amounting to ~5.59. In this connection the City Clerk advised that the refund of ~91.V4, authorized Resolution No. ~?.t2 on the 14th day of February, 1936, %','as .$6,20 ~n excess of the accurate amount of penalties and interest, the ~2ropar ~:,.ount being 085.47; ~hereup, on L'k'. Po~'ell offered the fo!lo,.ling Resolution: authorizing adjustment of penalties and interest on taxes _maid by l.'. J. Patse! for years 1925, 1929 and 1935, inclusive. ( For full text of Resolution see Ordinance Book No. 8, page 4Zl .). Air. I:o%';el! moved the adoi:tion of the Resolution. The mot ion %~as seconded by and adopted by the following vote: · -~ .... ,- -n ~ Pow e 11 .==,-'.o: ...essrs.~ear, Co.:~er, , and the t~resident, !ir. omall--4. i~L~Y3: i~one .... 0. ROYd{0KE ....~'~ ' ~ ' ~ .... ,,~.._~R .,0~,.,-~o: Judge .o~.'~ Jac" City Attorney appeared before Oouncz. vith reference to increased %'~ater rates petitioned by the Roanoke Uater Works '.Company before the State Corporation Commission, advising that he had received frc~. Mr. Frank Rogers, .~ttorney for the ';.ater Company, c~nmunication requesting joint ~appraisal of certain properties ovmed by the ',,ater Company, and stated he was accumu; lating certain data to be used in combating the increased rates, which would necessii some expert assistance. ate In a discussion of the .question, the President, Mr. small, suggested that an Executive Session of Council would be held at the first opportunity to discuss 'the question, and the policy Council would adopt as to procedural steps, which meeting would probably be held within the next week or te:~ days· CITY TRFatSURF~: l.',r. C. R. Kennett, City Treastu'er, appeared before Council with reference to communication received fr~n the City Clerk, under date of Februar~ 18, 1936, asking what reasons he assigned for the fifty percent loss in collections for the month of January, 1936, as c GGpared ~ith the sm.me 'period in 19~5, ~iving as his principle reason that his office force had been engaged in pre£aring 1936 tax tickets for the quarterly l.a~n.uent plan, levy. and concentrating on collecti~E~ the 1933 CITY TREALUR,XR-FIL-Z CD_BINET3: D:r. C. ~,. ~.e~mett, u~t~, Treasurer, anpeared be- fore Council and asked authority for purchasing metal filin~ cabinets for tbm quarterly tax tickets, amounti n~:j t o ~209.10. After a discussion of the question, it being the unanimous opinion that the price of ~'~ G.,.~ metal cases is excessive, and that the time for securing competitive bids on metal cases in ti]~e for use on _'..,:arch 15th, is inadequate, on motion of duly seconded by ].ir Bear, and unanimously adopted, the cuestion is referred to the City i.lanager with authority to have frame cases built to t~m-porari!y meet the situation. City Clerk brought before Cotmcil file containing.. correspondence and tee,ir<ts between the Delinquent Tax Co]_!ector and C. Z. Herren, with reference to delinquent taxes for the years 1928, 19£9, 1930 and ].951, Horton's contention being that receipts received fror,.~. Terry L. ,.'oods, a£1gregating an amount of ~l?.00, should be applied as a cre~t agBinst de~nquent taxes s~nd- inG in his name, the Delinquent Tax 3olloctor's stand being that credit emmet be ~lowed, in that the receipts fail. ed to indicate year for ~hich taxes were paid· ~fter a discussion of the question, the City Clerk is ~rected to ~rite the .~ ~- ~-,osition that receipts civen by Delinquent Tax ~ollector that Council takes u~e ~_ Terry ~ . Leeds, such as presented by L~r. C ~ Herren, are v~id, and must be considered as i. artial l~ayments if the ~ounts appear to represent partial pa~mts of delincuent taxes st~ding a~inst the taxpayer, a~ to advise further t~t if the Delin%uent ~a~_ .. ,~ollector~ desires, if n~essarv,. Council will ado'pt Resolution of policy in this comuection ~.~ R~,,TEo: ~. communication from ja~ett-Che~'mi~ Comvany requesting ~ ,~ OO.~C 1 1. re~:'u!ar automobile b~iness, was 'before .~ ' This bei~ a duplicate assessment and not in accordance with the intention ~ ~ ~,~' Co~r offered the follo~ving Eesolu of ohe License Ordnance for ohe year 1956, .~_. ti on: Imco ~.o~ ~ed, . (~4746) ~ n~oOLU~zON to refund J~reto-~hewn~ Corn?any, coverinc license tax and fee for Drivilege of oi.~erati~g auto re.ir shop for the year !936. ( For full te~ of Resolution see 0rdin~ce Book ;TO... ~,° page ~21). + = . The mot ion was seconded by klr. Comer ~ved the adoption of ~h~ i~esolution lo,yell, and ado'oted by the following vote: -v~.=. i.lessrs Bear Go~r io~?ell, ~d the President, i..~. S~ua~! h~.~o: i]one---0. 59 B~.FUNDS .'~,~D RJLBATES: A commu~lication from C. R. Kennett, City Treasurer, requesting, that 025.03 be refunded to R. T. Saunders for real estate taxes on Lot 4, Block 4, R. J...,right .~ddition, paid in error, was before Council. The request is refem'ed to the sity Clerk for investigation and report to Co~mcil. HAKrJNDS .,i.~ ~.,~o.~.~: .~ commu~i cat ion from .~illtmu's t'harmacy, ~49 Walnut Avenu " D' roquestin~ refund of ~7~.00 for off-pre:~ises license i~aid for the year 193~, was before Council. _h o~,~ ~lerk is dirscted to ac]mowledge receipt of the co~muni cat ion and to advise thut the license a'2pears to be in order, ~md that in the absence of more definite infor:~ation, Council is unable to authorize a reftmd. ~:_~Ji~DS .:Z~D~.'~._~:~ "' '~r. j~nes _.:. _near brought to the attention o~ Council a judgment o~ ~!10.59 against i[. L. Huff for cost in tax case before the oupreme .... th ~ jud~'nent be rel~--~ed. '~ottrt, ~nG o__Peered mo ~lon at th,~ ~-- Durin:~ a discussion the question ~;as raised as to ~';hether or not the taxes have been paid, :.ir..Be'~r ~.ithdrau'in.j his -.,~otion, and Zhe City Clerk directed to red, oft back to Council at its nez~ meeting stat. us of the tax i~a~nuent. ....... "~ ~"~ -"~".' TY ~_,~2z~- '~:he J~t'~ ~'£anager submitted re..~orts of work accom- i:li h ~ . '~° s~ed and e~: enditur~ for u'eek endil~-j February !Sth, a'nd February 20, 1936, The re::.ortc are filed. · ~ ~..an' ~e;' '.~ade the follo~'~ing re!:ort with reference to re%uest for refund of {15.00 ~aid by ~.. F. Pedigo for constructing sewer lateral: "2,ejjardin.L- the rec~uest of 'ir. B. F. Pedi£o for a refund of the cost of extending sewer lateral for ::r. ~edigo by the Oity. "~ -edigo made a~.~,tication for a sewer lateral to be installed at ::is p::oj~erty on '.:arrington Road, R. C., to connect to the sewer line laid by the Land Company. '~he~ ~it~~ .~ms no record of a~v kind of this sewer therefore could not tell ~.,.~_e~her lateral ~,'as run to this lot ~_d it ~':as es- ~:~a~ed t~t there ~.:ould have to be an extension o~' 30 feet and the fixed T, rice. of the extension of laterals by the City is ~5,-~ per foot ~.,.'h~ch includes the d-' ggi~ of ditch, furnis~hins and laying pipe ar~i restoring the street. ifhen the se~'~'er was installed it ~;as found t~at it ~ou!d only m~..~ 20 ft. of lateral to serve this property and :'ir. !:edigo was refunded ~7.50 for the l0 ft. of se~er lateral not installed. 0u'ing to this condition i do not reconmend that i.:r. Pedigo be refunded ,ilS.00 request ed. Re spec tfully submitted: ( Signed ) '~,.. P Hunt er, City Manager." The City Clerk is directed to for~?ard copy of tt~e City L.'.anager's report to i~ Pedigo, ~a advise that under the circ~tances Council c~not entertain his claim for refund. LICEiJSE T~[: The question of license for ~mrble ~rds, as ~ovided for in Section 91 of the License Code for the ye~ 1936, ~vinE previously been ~ised by the ~ ~ '- ~o~ny, e.~ the i.:ar st e l l er Co ~,oratio n, and referred ~,o~no~e :.:arble a~ G~.nite ,~ - '~ to the City Attorney for an opinion, ~?as again before Cocci!, the City Attorney giving as his ~--~ ~_,ion that the section in question is valid, and that the license should be paid as !~rovided for in Section 91. The Gity Clerk is directed to fo~'~ard copy of t~ City Attorney's opinion to [the Co~ssioner of Revenue, advisi~ that the license should be -0~d, and asked :,.that he advise Council when s~e has been paid. INSTRUCTIVE VISITING I~JRSES AS~vI~ION. Report from the Instructive YL~ttfng Nurses Association for the month of January, 1936, was before Council. The report is filed. v.~,,u..,,, HOSPITkL: Report from Roanoke ![ospital showing City patients treated during the month of January, 1936, was before Council. The report is filed. DELINSJJEI,~ TfdC~S: The City Auditor reported he had made a check of delinquent personal pro!~erty taxes against 0. H. Cle~'k for years 1928 to 1933, inclusive, showing $32.14 delinquent, and advising that the records of Terry L. Woods do not disclose any payments that should be credited ad.:ainst this remount. The City Clerk is directed 'to advise ~,k'. Clark that in the absence of receipts,! Council is unable to properly make any refund for the unpaid taxes. ~i ,....~z~ ~.~: Statement showir~z City School employees delinquent in their taxes, ~';as before Council, the President, Sr~ll, advising tibet in conversation %':ith the Chair.man of the School Board he had been advised that an el- fort x'~as bairns, nnde to collect the taxes by the School Board, and that a report would be submitted prior to .'~pril 1, 1936. The City Clerk is directed to ask the Auditor to keep this list before him, alon,~: with list showing City employee~, an~ n:~..e report to Council as of April 1st, any sho~':in2:/~utstanding taxes aue by either City or School employees. :~ "~.~ ~ -~ - ~ ? r~- -~ '-'~ -~- ,~y,~T ,T --~' detail~ su:m~ar~,r of license ..~'aid for the month of January 1936, was before ~ounci!. The re-zort is filed. =.,~~-F?J. iZ_i.i~[ R0.kD: The comm~ittee, composed of l.:essrso James _Q. Bear, .,. P. T-lu/lter alld ;' ~' ,.at:.lr~s, _ ~. _ _ ~. ,.. to confer ~,,'ith pro',':,ert,~ o~';~ers to ac2uire necess:~ry right- _ _ Fran:.l~n Road Bz~dge over the Vimginian RailYzay made the or-d'Jay for the L~ro-oosed "~ fol!o~:;ing reports: Ii To the City 3ouncil, · Roanoke, Va. "Roanoke, Va., February 28, 1036. Gent In compliance with Ordinance No. 4735 declarin~ it necessary for t!~e City ': of Rd mo~e to acquire_ b~,, _nurchase or condonation the pro~e~-~y_ _ along Fra~klin Road in co~_uection wi'th th~ construction of overhead bridge over t~ Virsiniem R~_lway tracks from 50 ft. North of the present bridge over R~anoke ?,iver and t~.ence i[orth over the tracks of the Vi~inian Rail%':ay Core. amy to a point on Franklin ~nd t;[aI,!e ~=venue 180 feet no= ~h and east resDective!y to the intersection of the ~ a:.~ro~ohes__ o~l i'leas~t ~venue and Clark ,~v,..,~ue 8nd ~~+~n~....,~. _~,,._ .. Jd~mes . 'j._. w, City L:anager, end '~ ; Latkins, City Engineer, as Bear, CounciLman, v. _.unter, ~. ~. a co~ittee to confer with the property owners in reEard to ac~j~iri~ the land necessary for this ~.:ose and the aa::-a~e to proi, erty by ci~i~ the .grade of tl;is street. ',Ye %~sh to rei~ort that we ha-ye reached =n a~reer.~en~ wroth the fo!lo~';in~ p~o~,erty ovmers a~l the samount they are willing to accept for land taken and drainages to their property. ]',.RC:_iL NO. 4, o~.~ned by i.:aty R. Bogyman: L !~.rce! of lmnd containinc 6,635.00 sq. ft. more or ].ess, and beinc all that ~ '.-t~o'.~ f land o~';ned b-~ ~'' ~ . _ ..,o~ _ __ o ~_a~y R Bov;~n, as shoo-in on r. mp a~] /,lan 1601 on file in the office of the .~z~/ [k~gineer, Roanoke, Va. The ho~e to be moved from this property by the pro'oerty o%'mer '~' ',425 00 Y',~qC~ N0. 5 owned by. '2-. k p~cel of land containi~ 12,625 ~n~ ilaple _:venue .~ddition, ~d being all that ~o~tion of land owned by O. R. Hash, ss sho~ on map and plan 1601 on file in the office of the city Engineer, Ro~oke, Va., the ho~e to be moved from this property by the owner ............. 61. P.'~qCI~ No. 7, owned by 'J. ,'. and Mend W. DrapeN. A trtang~l~ parcel of land containing '12 sq. ft. more or less from the Southeast corner of Lot l, Block 9, Janette Land Co., as sho~m on map and plan 1801 on file in the office'of the City Engineer, Hoanoke, Va........................ $ 25.00 Respectfu].ly submitted: ( ~tgned ) Jas. A. Bear, Count ii, mn, W. E. Hunter, City Manager, C. L. 'jetkins, City Engineer." ',Roanoke, Va., Februarl. 27, To the City CouncL1, 7a P,O '3~. Oke, · Cent leman: ~on.~l~ance w~th Ordinance ':o 47~5 declarin~'~ it necessary for the City of - . ~ ~ nklin Road Roanoke ~c ac%u~re by ~m. chase cz condonation the p_operty alon~: Fra in corn%action ~.~ith the construction of overhead bridge over the Virginia Railway tracks from ~0 ft. i]orth of the present bridge over Ro:~noke River and thence I.iorth o";l%?ay Con~y to a point o~ w~anki~n Road and over the tracks of the '~':~,~.'~nian ..~_ - .... i~aic~e ~',v~nue IO0 rt north mud east res actively to the intersection of the s~e with a!~.roache.~ '-' s on ~' leasant Xvenue and u!ark ~venue and ap'~ointing,.._ James Bear . - .~, ~ ...... -~ ,~,~ .- T ":atkins- Cit', E,~gineer. as a ~Oil!:Oll-.;~ ,.. i . ~,tdl~.~ ~ ~l ~ -- ~ s . -. ~ · . · ~ ~ "~ ,";~' to ve',o~'t that %';e ,;'ere ~nable to reach an ~rem~en~ ~]~% ~he ~ 'el'L" oi',~ezs ~oI %Re ~..:0~:.~ t:-ev __9 1. ~ _ '~ 7'a2s%eller · ~'~ ";'~ "~ ! ox';!~e4 b'~ .'.~me a. .... _ ,'" .._O! ~ or ss~ o - =_ ~arce! of land cont~-,in~ng 1391 o sq. ft. "~ '- le beln~.' all of that ~.,ortlou of-land owned bi.' ~c%ne E. ...~-'~'~steller lying between the present Uest >roi, arty line of Fra~:>i~n goad and the newly establz~nett west m~-oert~ line of s~_e, as al]own - - · ..... - - Re anoke Va. on-~'~ .... ~ lan 160! on tile ,,-. the c.~ of the Cit-~ Engineer, , 'mad l' '"" :' '~ Chambers. ]~nd o;;ne~ b:' "~:. 5 .~b~,~bers ]yin: be~v;e~n %he ~sen% ~;es~ ~:oe~y line of .......... ' ~' ' - .... & as shown on ~ra~,~ Eoad, and the ne~;iy established %-:est ~lo~ert., line of same, aha ~!=n !60! on file ~n ~.,~e office of the ~it-: ine no~no,-~e, %~a. ~,~=,.~-,v- ..o". 5, o~':ned b?. j. ,.. ,,aynick, Jr. ' =.~r~.eL of q~,~,a containing 730 s~ ft more or less, and bei~ a southeastern %ion of ko~ 1, Block 9, of %he Jane%~e L~d Oom~an~ ~d bein5 e!l ~ha~ ~3o~%ion of i~nd o%:ned by John ,,. %,aynick, jr.~ lyin5 be~:;een ~he ~resen% %';es~ line of Fr~nkiin ~%oaa and %nu ne'~'!y es~sb!ished Z'es~ line of s~me~ as sho%;n on ma!, and ~an -% ~ ~--- ~%~inee~ Roanoke, Va. !JOl on file in office o~ ~a =.~-,.~L iio. 6, o~';ned by Griggs Packin% ComTanv: ~ ~in£ a portion of a tract -.-a~ce~ cf !~.~.a conta~ir~' 235 s%. ft mor~ or ess, of !and conveyed to Gr~s =~ckk,~G Company b~aJ. ~.' Ch~bers and wife by deed date~ SeEtember 1!, 1913, in Deed Book 272, ~ ce 270 in the Clerk's office of ~ "jor-2oratior, Co~t of the City of Roanoke, Va., es sho%?n on map and plmn %601 on file in the o~ice of the Cit-- Engineer, Roanoke, Va. Respect fully sub~:dtted: ( Signed Jas. k. Bear, councilman, "... ~:. Hunter, City i,a~,ger,.. '~. L. i'iatkins, City Engineer." :.lt. Comer offered the follm';inc ordinance for its first reading: (#4V~_7) ,,=., v...u.,.~...~,O ~-~_~..~ive to and authorizin£~ the iurchase by the City of and autt~orizin~:L and directing the City Attorney Roanoke various ~,arce~of land, to instltute and prosecute conde~ation p~ceedings to acquire certain I~rcels of land necessary for __.aht-of-v~ay in co ns tr u ct i ns bridae on Franklin Road and Maple over ( Full text to az'pear v;hen and if, the Virginian Railway tracks. Ordinance is adopted]. The ordinance is laid over. In this connectior~, the City L:anager v.'as directed to communicate by telephone ~';ith the District Engineer, Bureau of !ublic Roads, Spartansbur~z, South Carolina, to ascertain the status of the !~lans for the proposed Franklin Road Bridge, and after reporting that he had been advised in his conversation additional informations had been requested from the Highway Depar~nent in Ric~ond, the City Manager was instructed to communicate with the Highway Dei. artment on Saturday morning to as- certain the status from that end of the line. U~FFIIIISI[ED BU~Ih,..~S: None. CON£IDEtLiTION OF CLA]I[S: None. 1' ~ T ?~'~r~l 'T ' 1~ , ,~,~ .... ,~. ~ question of policy for pa~nnent of Police and ~ire Department employees, ~bsent from duty account of person~ injury received in .; line of duty, having been raised, ~;r. ~owell offered the following resoluthm: .h~oOLU_IO~., est~blishi~z policy for pa~L~ent of Fo!ice an~ ~ire De~.art-~ nents employees absent from d~y account of personal injurM rec~veG in line of du~y ( For full tex~ of Eesolution see Grd~nanee Book ~o. ~.., P~ce 422 ). l.lr Vowe!l moved ~he ~doj, ti on of the 2esolution. -,,~ motion was seconded by ,Lt. Bea~ and adop~eG by the follo~'~ vo~e: i,:.essrs, Bear, Comer, None ..... 0. and the i'resident, Lit. Smm!l --4. BUDGET: The quest ion of considering supplementary funds for de~rtments depleting theiru£?ropriatious, as shown in the Eudget, was ladd over for consideration at a later date. ~:"-' " ~ ~'":'::"-" ~ 's' ~ity i.!m. nager reoorted that .qc h~d a quotation ~,~u,o .-:~D t L,~,~ ..... L~,D~: The ~ _ · ~. ~,. Farnh~ for landscapin~ the ~outh Ro~oke Fark and ~laycround. 3n motion " ~,~' Bear, seconded by fir. Fo~ell, the matter is referred to t!~e City _._anaf?r with' aut~orz~v to act, t~e cost of l~ndso~,in~ tc be c!~r~e~ to Account ~!02, ~ the ~ud~et for fiscal y~ar endinc June ~0, 1936. BUDGET: The City L;aneger brought to the attention of Council bill of ~4.00 fo~.· nurse,s services rendered a City indigent, isolated with contagious disease, and advised that Account F54, .~_~ ' "~n~its. lization of !'atients', was now overdrawn; whereupon, !.qr. Bear offered the fo!].owinc s~m. ergency ordinance: (,~4749) ;d; ....~r ~.-' ' ~ ' - "Hospitalization of ~ ' ~':,D,~i--~'-~C.~ to amend and reermct ~ection ~75~, , l atients', of an ordinance adovted by the Council of the City of R~,~ '- ~ ' - Virginia, ~ - ~lO~t e ~ on the 28th day of june, 19~5, i'~o &Sm7, and entitled, · - "~kn Ordin~ce making ap- propriations for the fiscal year beginning July !, 1935, and ending June ~0, 19~8.,' ~ ( For full tex~ of Ordin~ce see Ordin~ce Book I~o. ~ 422 o, page ) . L~ Bear moved the adoption of the '~-~ _ _ · ,uesolution. 'the mot~ on ¥~as seconded by ~,ir. Comer, and adopted by the fotlo~'ing vote: AYm~: Messrs. Bear, Comer, i:owell, sand the ~resident, :qr, am=,-1 ---4. HAYS: None ..... O. There Deinzg no further business, Council adjo~rned to meet at 8:00 o'clock p. m., on Eriday, February 28, Advisory ~ -'~' ~ . ~or?£,.1 u ~ee 1936, to receive 'the re-fort of the Public 'Seifare APPROVED 63 64 COUNCIL, ADJOURNED MEETING, Friday, February 28, 1936. The Council of the City of Hoanoke met in Adjourned Meeting in the Circuit [Court Room in the ;~lunictpal Building, Friday, February 28, 1956, at 8:00 o,clock ~,p. m., for purpose of receiving report from the I'ubltc ¥ielfare Advisory Committee. PRES~iJT: Messrs. Bear, Comer, lowell, and the l'resident, l.~r. Small---4. ABSENT: -Mr. ~'inn .... 1. The t-~resident, lLr. Small, presiding. OFFIC'.ZRS PRES~ZqT: Mr. ~.'. P. Hunter, City L!anager. PUBLIC "~,,-.-,LF-~RE.'~ '. The iresident, ":,.r. Small, stated tile Special ~,[eeting of Council had been called for the purpose of receiving and considering report in connection with welfare a~ relief activity needs for the City of Roanoke, the report having been prepared and submitted through the i:ublic Nelfare Advisory Committee, which 'has so generously consented to give their time and study of Roanoke's Welfare problem, and that it ~:'as his thought in order to get ~he discussion started, it would probably be in order for the Chairman of the Public Welfare Advisory COnmLittee to ~ke such preliminary statement as he cared to make. ;~r. Clem D. Johnson, Chairman of the Public Nelfare ~dvisory Committee, spoke briefly in connection with the report and recommendation prepared by the Com~nittee under the direction of I'J~r. Robert Loosely, Cemmunity Chest Official of Erie, who had been engaged to make the survey, explaining that the report ~Jas beimE sub- mitted in three parts, i~arts one and tvo affecting the City insofar as financial assistance and unification of departments are concerned, and that part three, ~hile additional co_~ments as he cared to make. In discussing the proposed Budget for the department, affecting the City, deals primarily ~ith the re-establishment of the Community Fund later calling on l~r. Junius P. Fishburn, Vice-Chairman of the Committee, for such idr. Fishburn stated that ~he figures were only suggested for Council's consideration and are not intended as a definite reconmaendation, as, after all, Council has jurisdiction and control over the appropriat ions. Other members of the Committee speaking in behalf of the report and establishmel of a iublic Jelfare Department included Dr. Hugh H. Trout, 2~rs. J. Jo Izard, and iEx-Mayor ~. t:. jeifert, Er. Loosely being present to ans~er questions propounded by members of Council. In concluding the discussion, the iresident, Mr. Small, stated that Council is very grateful for the report submitted; that it was his i~ersonal feeling the · Co~.~ittee had done a remarkable job in a very l~nited t~me,but that in considering ~the report Council ~vould have to also think of the financial side of the problem~, '~as that vould have to be given serious consideration as, after a~.l, one of the most necessary things for progress and gro~th oI° a community is that it must be solvent, ~and that this is one thing this ~ounczl is committed to. The ~resident stating further that the report as received ~ill be given thought and consideration by Council fo~~ ~eSermining ho~J far the City can go in undertaking i~evan a skeleton o~gastzation of the character as recommended, calling to mind that ; Lt at the present time i could visit Roanoke at a later date, Council adjourned for a further discus- again sion of the question on March 13, 1936. there are some 1,~00 City employees now working on reduced pay, and have been for the past four years, which would have to be taken into the pictur. stating further, that it was his hope the whole question might be crystalized vrlthi~ the next two weeks, and that Council would, after that tine be in a position to ma~ a preliminary start in an organization of this kind, but that it was his opinion we would have to go slow and make some very careful examinations of our revenues and disbursements for the next twelve months to see how for the City can go, callin~ to mind that the City of Roanoke has only two sources of revenue, taxes on real estate and revenue from licenses, advising that as soon as study and consideration of the report could be given and policy adopted, Council would be glad to discuss the _~_atter further with the Committee and ~,"~. Loosely. After a further discussion of the question, NM. Loosely indicatingo that he 65 APPROVED COUNCIL, SPECIAL MEETING, Wednesday, March 4, 1936. The Council of the City of Roanoke met in Special Meeting in the Circuit ilCourt Room in the Municipal Building, Wednesday, March 4, 1936, at 3:00 o,clock 'p. m., for the purpose of considering petition of the Roanoke Water Works Company. PRES~JT: i~essrs. Bear, Comer, Powell, Winn, and the President, Mr. Small-5. ABSFi,~T: None ...... 0. TI~ President, .~,~. Small, presiding. -' ~ t . OFFICERS I~RESEhT: M~'... P. Hunter, ~i y Manager ROANOKE '~jAiER ::0~RKS C0~,.iPANY: The President, l,Lr. Small, advised that he was in receipt of co~mnunication from the State Corporation Commission, under date of February 29, 1906, together with application of the Roanoke Water Works Company for increased rates, effective as of April l, 1936, and asking that the Commission be advised vjhether or not the City of Roanoke desires to oppose these increased rates, and for formal hearing upon said application, it being his thought that Council should determine its policy for opposing the increased rates and the water situatio~i generally. After a t~'~o hours' discussion of the v~ater question, and it being decided that further consideration-¢.~ould be given to the question in the immediate future, !..~. Small ;.~as directed to contact the Elm (?) Firm of Engineers in the lresident, , Ne~; York vJith a vie~M of retainin£~ the concern as expert and technical advisors in connection ~-~ith the ~'~ater situation. The City Clerk is also directed to for~vard the following communication to the City Attorney: "At an Executive Session of Council, held this afternoon, consideration was given to communication from the State Corpora- tion Commission, dated February 29, 1936, to whioh was attached petition from the Roanoke Water Works Company for hearing on increase in rates. The Council, by unanimous action, requests you to make reply ~.o this Communication, formally, advising the Corporation Commission the City of Roanoke intends to oppose this applica- tion for increase in rates, ~Bd desires a formal hearing upon said application, that in addition to opposing this petition of the Water Company, Council wishes to reiterate its previous position with regard to valuation report of Allen J. Saville, as submitted to Council by the State Corporation Commission, under date of December 4, 1934, at which time the valuation found by the Saville organization was not accepted by Council, and that it may., in connection ~ith the rate application, desire to re-open and have a hearing before the commission upon the entire question of the Roanoke '~ater Company's valuation. V~ill you kindly forward me copy of your c~m~unication to the Corporation Commission for my files." There being no further business, Council adjourned. APPROVED President AI COUNCIL, REGULAR MEETING Friday, March 6, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Cour~ Room in the Municipal Building, Friday, M~rch 6, 1936, at 3:00 o'clock p. m., the re gu 1 ar me et lng ho ur. PRESET: Messrs. Bear, Comer, Powell, Winn, and the l~resident, ~. Small --5. ABSENT: None ....... 0. The i~resident, I~. Sw~_ll, presiding. OFFICERS PRES~,~T: Mr. W. P. Hunter, City Manager. I~I~TES: It appearing that a copy of the minutes of the previous meet lng having been furnished each member of Council, on motion of ilr. Powell, duly seconded, reading is dispensed aith, and the minutes approved as recorded. the HEARING OF CITIZen_iNS DP'ON PUBLIC ~LaTTERS: ZONING: ~ir. C. R. Williams, Attorney, appeared before Council and asked that Lots l?, 18, 19, Section E, Rivermont DeveloDment Corporation }~ap, on the Eas~ Side iof l~inth Street, S. E., owned by the Florence Development Corporation, be changed from Residence to Business property. The request is referred to the Board of Zoning Aopeals for'mnve st mga ti on ,- report and recommendation. Z0.~iING: ~. C. L. Gollehon appeared before Council ~ith reference to petition for changing Lots ll to 18, inclusive from residence to business property, of the Gollehon Addition, known as Beverly Court, which was previously before Council and ireferred to the Board of Zoning Appeals. I The repor~ from the Board of Zoning Appeals, with reference to this question, ~:was before Council, the Doard recommending that the Zoning Ordinance be amended ~!chang~ng lo~s l0 to 18, inclusive, to Business District to permit the erection of a lfillingstation, the secti~ continued as Resident and that the remainder of be ~!District. On motion of ~r. Bear, seconded by h.~r. Winn, the City Clerk is directed to advertise for Public Hearing on the question, giving the fifteen days' notice as provided for in Sectic~ 1 of Article X1, of the Zoning Ordinance. CROSS-OVERS: Mr. E. F. Jamison appeared before Council in the interest of cross-overs to acconnnodate filling station on the Southwest Corner of Tazewell Avenue !and Ninth Street _ , S. E., previously before Council and referred to committee, com- osed of ~lessrs. ~ames A. Bear, ~. ~. Powell, and ~j. P. Hunter, for investigation, !report and recommendation, the conmmittee offering the follo~ng report: "Regarding the request of E. F. Jamison & Company, for a permit to construct cross-overs to accommodate filling station on the Southwest Corner of Tazewell Avenue and 9th Street, S. E., a~d asking that the City cut out 25 or 30 feet of the Parkway on Ninth Street and pave this sp~ce, which was referred to a committee consisting of ~r. ~'. ~!. Powell, Councilman, James A. Bear, Councilman, and W. P. Hunter, City Manager for report. This committee after viewing this location recommends that a permit be granted for one 30 ft. cross-over on Tazewell Avenue and one 30 ft. cross- over on Ninth Street, and the radius on the corner be increased from 5 ft. to 20 feet cu~ing the sidewalk space down to ?½ ft. on the corne~. The comm~ttee does not recommend cutting out any portion of the parkway. ( Signed ) Respectfully subm~ tted, James A. Bear,Councilman, .. M. Pow ell, N. P. Hunter, City Manager." Mr. Comer moved the report of the committee ir~ Besolut ion: (~4750] A R:~SOLU'~ION granting a permit to E. f Mullen, to construct cross-overs. ( For full text of Resolution see Ordinance be adopted, and offered the follow. F. Jamison, Agent for Byron Book No. ~_r. Comer moved the adoption of the Hesolution. b'inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Fowell, Winn, and the President, Mr. Small--5. 8, page 42S ~ · The motion was seconded by NAYS: None ........ O. zONING: Mr. C. E. Hunter, Attorney for Hoanoke Dairy and Ice Incorporated, and the estate of 5[. S. Huffman, deceased, appeared Cream Company, before Council and presented petition asking that parcel of land immediately west of an_d adjacent to Seventh Street, N. W., fronting on the southside of Moorman Hoad and Fatrfax Avenue, being the eastern part of Block 29, Rogers, Fairfax & Houston Addition, Official No. 2,111,102, and western part of Block 29, Rogers, Fairfax & Houston Addition, Cfficial No. 2,il1,101, on the southside of Fairfax Avenue, and the triangle on Fairfax Avenue, Eighth Street, and !.~.oorman Road, being Block 41, Rogers, Fairfax & Houston ~.~dition, Ci'ficial ~.~o. 2, ll0,601, now classified as Resident property under the Zoning ~.rdinance, be changed to Business District. The petition is referred to the Board of Zoning .~Dpeals for investigation, report and recommendation at the next meeting of Council on Friday, March 13, 1936. P~l~TI~,o A]'.'~ C0~.~TR~[ICATIONS: ~.~,:~-~ TREAS~R~: A communication from C. R. Kennett, City Treasurer, advising that writing of the 1936 Quarterly payment tax ticket has been c~npleted, was before Council. The communication is filed. CITY TREASURER: A communication from the City Treasurer submitting report for 'the month of February, 19~6, showing tax collections of .j16,162.29, as compared withI ~25,822.41 for the same period in 1936, was before Council, the Treasurer advising that as long as practically the entire time of his office force is devoted to detail work, he will be unable to give attention to collection of taxes, giving this as his reason for the reduction of V~,660,12 in collection for February, 19~5, as compared with February, 1936. The report is filed. i PUBLIC U~F.~?.E: A communication from the Roanoke Academy of Idedicine, submittin report of committee a~p_ointed by the ~cademy of Medicine, relative to the conduct of medical work for Roauoke's indigent sick, ~as before Council ( see full .t;ex~ of report in office of the City Clerk), it being the recommendation of the '~cademy of dedicine that a full-time CiSy zhy ician be employed, and that part-tzme Specialist to conduct clig_!cs for veneral disease and tuberculosis be divorced from duties of the City Physician. in view of this report and recommendation of the Public ','~elfare ~-~dvisory ~ommittee, on motion of Mr. Comer, duly seconded, the City Manager is direc ed to make report to Council as to amount of time devoted to City work by the part- time Specialist ] . The City Clerk is directed to acknowledge receipt of the communication from the Roanoke Academy of Medicine, expressing Council's appreciation for same and advising the report will be considered in conjunction with the Public ~[elfare Advisory Committee,s report at the next meeting of Council on Friday, March 13, 1~36; to advise further that Council is un_able to reconcile the per capita cost as reported from the figures taken from Roauoke's fi~_enctal report for year ending June 30, 1935~ and in order that Council might better reconcile the figures, to ask vhat items were used in arriving at the per capita cost of thirty ce~ts, as figures taken from the financial report indicate the city of Roanoke is contributing from forty-five to fifty cents per capita for relief, hospitalization, to advise if the figures in arriving at the pe~ capita cost of the same items taken to reach the pe~ capita cost in Hoanoke. The Clerk to and care of indigents; also other cities compose is also directed advise the Roanoke Academ~y of Medicine that Council expects to discuss the I~ublic Welfare Department March 13th, and that it might be to the interest question at its meeting on Friday, of the Committee and the benefit of Council to have someone attend this meeting. FEDERAL P0~'ER C0~ISSION: A cGmnunication from the City Attorney advising that he knows of no possible point of view from which the City of Roanoke would be in- terested or justified in making objection to the application of the sh~ith If. ountain Power Company fox' proposed water power project on the Roenoke-Staunton River, before :the Federal Power Commission, was before Council. The cGnmunication is filed. PUBLIC WELFARE DEPAR~,ihlqT: Communications from the Instructive Visiting Nurses Association, Roanoke Council of Girl Scouts, Ladies of Charity, and the Negro Reliefi iCenter, 301 High Street, endorsing the report of the I'ublic Welfare Advisory Com- !mittee, and advocating a Public ~elfare Department for the City of Roanoke, were be fore Council. The communications are filed. A communi cat ion from J. T. ~'ood, 213 Winona Avenue, Roanoke, Virginia, opposing the adoption of the Public Welfare Advisory Committee, and expressing a desire to discuss the Question, was bef.:.re Council. ! The City Clerk is directed to advise Mr. Wood that Council expects to consider :ithe welfare question at the next regular meeting of Council on Friday, March 13, I1936,. and if he desires to appear and present his views, Council will be very glad communication from K. Mark Cowen, Director of the for increased appropriation of $63.81 for basketball have them. REC REATI ON OEP !~Recreation Department, ask~ru~ ireferees, was before Council. At the suggestion of "~Lr. Comer, the City Clerk is directed to request the Auditor to submit report showing unexpended balances in the Department of Recreation~ and the amount of the anticipated revenue received as of this date. report showing classification of supplies The City Manager is requested to submit ,~urchased by the Recreation Department. ~EFUIqDS i~D REBATES: The City Clerk presented to Council summons in the case the City of Roanoke vs. J. Penn Goodman, advising that Mr. Goo~m~n had requested vi efund of $2.50 imposed as fine by the Civil and Police Justice for violation of Drdinance No. 4222, the case ~_s_ving been dismissed in the Hustings Court on appeal. the City Manager for i !he request is referred to the City Attorney for report and recomm, endation. MERCHAI~T'S LICENSE: A request from Frank Cooper for transfer of Merchant,s License No. 1626, issued to Reese Nichols for operation of stalls 23 and 24 in the Lrcade L~arket, was before Council. The request is referred to ~e~ort and recommendation. LICenSE: A communication frGn Job_n_ M. Hart, Commissioner of Revenue, advising ithat the Roanoke Marble and Granite Company and the ~rsteller Corporation have not as yet paid the Merchant's License as required under Section 01 of the License Code, ~ as referred to in opinion from the City Attorney, was before Council. "70 The City Clerk is directed to acknowledge receipt of the communication, and to advise that Council expects the px~wisions of Section 91 to be complied with. ROANOKE WATER ~'ORKS COMPANY: A communication from the City Attorney, enclosing copy of his letter to the State Corporation Commission with reference to opposing petition of The communication is filed. FAIRS AND CARNIVAI~-TAXh~: The President, the Roanoke ;,ater [~orks Company for increase in rates, was before Counc'. memorandum with reference to ~particularly at Maher Field, ~mell, brought before Council a taxing fairs and carnivals held in the City of Roanoke, authorized by bill recently passed in t~ Legist~ ture. The City Clerk is directed to write Se_~_tor Charles E. Burks of Lynchburg, Virginia, asking for a copy of the bill covering the taxation of fairs and carnivals and its status in the Legislature. CIVIL AND POLICE JUSTICE: A communication and report from the civil and Police Justice showing 4,037 Civil cases tried in the Civil amd Police Court, involving ~186,259.04 during ~lle year 1935 was before Council. The communication is filed. INSTRUCTIVE VISITING I,~URSES ASSOCIATION: A c~nmunication from the Instructive Visiting Nurses ..~ssociation with reference to employing additional nurse, x'~hich ~'~as ~creviously before Council and laid over, was again before the body. The communi- cation is filed. ~ 0_,T~ 0i,' OFFICERS: RMP'0RT OF THE CITY IC~NAGER: The City i.:.anager submitted report of work accom- plished and expe.,~ditures for week ending February 2?, 1936. The report is filed. A!~SHOUSE: Report for the month of February, 1938, from the Almshouse shoving .care of i~m~. res as of February 29, 1936, was before Council. The report is filed. REPORT OF C0~.;_I~TEES: ( Considered under "Hearing of Citizens Upon Pmblic Matters"~ . U~,~IEISHED BUSINESS: None. CONSIDERATION OF CLAIi"~dS: LEAGUE OF VIRGINIA L~ICIP~I~IES: Statement for $1,0~0.00 representing annual dues for membership in the League of Virginia ~,dunicipalities, was before Council. The City Clerk advising that on January 29, 1936, he had acknowledged receipt of a previous statement for the same amount and advised that Council has not accepted membership in the League for the year 1936, and will not be in a position to conside~ this matter until preparation of the Budget for the fiscal year beginning July l, 1936, the statement is filed. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLIYl~IONS: REFb~DS Ah~D REBATerS: The Question of refund of real estate taxes amounting to $25.53, collected from C. C. and R. T. Saunders in error, and refer~ed to the City Clerk for investigation and report, was again before Council, ~r. Bear offering the following iQesoluti on: (~475!) A RESOLUTION authorizing refund of $25.53 covering 1935 real estate taxes collected in error from C. C. end R. T. Saunders. ( For full text of Resolution see Ordinance Book No. 8, page 423 ). Mr. Bear moved the adoption of the i~esolution ~owell, and adopted by the follow'ns vote: The mot ich was seconded by Mr. AYES: Eessrs. Bear, Comer, Pewell, Winn, and the President, Mr. Small --5. NAYS: None ..... 0. ,! BRIDGES-FRA~,~LIN ROAD: Ordinance No. 4747, proceedings for right-of-way in constructing bridge relative to purchase and condemmatio the Virgin Railway Tracks, having. Council and discussed. On moti on o f ~Lr. on Franklin Road over previously been introduced and laid over, was again before duly seconded, the urdinance is laid over, and the City of a saving clause for the right-of-wa2. Clerk is directed to confer with the City Attorney for inclusion in the Ordinance, relating to the necessary land to be purchased 71. The City Manager is directed to co~,municate with the Highway Department on L~onday to ascertain the status of the plans to date, and if unable to secure the necessary information, the City Manager or the City Engineer is directed to make a trip to Hichmond for personal follow-up of the question. STREETo ~'d~D ALLEYS: A proposed Ordinance to vacate and close alley between Lots 2 to 13, inclusive, and Lots 14 to 26, inclusive, Block 13, as shown on map of the Runnymede Corporation, IncorI~orated, ~':as before Council. The City Clerk is directed to confer ~ith the City Attorney with a vie~ of re-writing the 0rdin~mce to provide for temporary closing of the alley, subject to revocation by order of Council after one year's notice. Also to include paragraph :.prohibiting the interference with the presen~ natural drainage system. MISC k~.LA~I :EOUS: REBATES The question of remitting .~110.59 standing as a judgment against Kate L. Huff, previously before Council and referred to the City Clerk to ascertain status of tax payments, vJas before Council, the Clerk submitting report showing all taxes paid up to and including the year 1935, motion that the judgment be released. After a discussion of the question, whereupon D:r. Bear offered Bear withdreYt his motion, and on motioa of Mr. Winn, seconded by l;ir. Bear, the question is referred to the City Attorney for investigation, report and recommendation as to Council's authority in releasing the judgment. JUV~ILE COURT-APPOINS~.~I~T OF JUDGE: ~Lr. Winn brought to the attention of Council that the term of the Judge of the Juvenile Court, appointed the 12th day ofI February, 1930, for a period of six years, expired on February 12, 1936, and offered the name of Handolph G. Whittle to succeed himself for another term of six years After a discussion of the question, and Council being desirous of the term beginning September 1st, along ~ith other appointive officers, the City Clerk is 'i directed to ask the City Attorney for ruling as to whether or not the term legally expires on February llth or August 30th, and if it expires on February llth, if Council can legally make an interim appointment to expire on August 30th. PURC~ING AGENT: The President, kI~ Small, brought before Council and to the 'i attention of the City Manager the question of purchasing drug supplies for the City~ of Roanoke, and asked that the City ~.~anager... confer with the Purchasing Agent and submtt to Council at its next meeting statement showing how drug supplies are purchased, together with information showing names of concerns receiving the business and amount of business awarded said concerns for the year 1935, and whether or not the purchases were made on competi~ive bids. CROSS-OVERS: The City Manager brought to the attention of Council a request of the standard Oil Company for cross-overs to accommodate gasoline filling station'i on the ~outheast corner of Third Street and Franklin Road, the City ~anager recom- mending that permit be granted for one 30 foot cross-over on Franklin Head, and ,, the re-arranging of the present cross-overs, one being on l~-anklin Road and the lother on Third Street, to permit three standard ~0 foot cross-overs in accordance ~ith plans and specifications as shown on blue print ,Mr. Bear moved that Council concur in the recommendation ioffered the following Resolution: ! (~47521 A R.ESCLU~ON granting a permit to the '.Jersey to construct certain cross-overs,. ( For full text of Resolution see ~rdlnance Book I.~Oo Mr. Bear moved the adoption of the Resolution. Powell, and adopted by the following vote: filed with the application. of tM City Manager, and standard 0il 'Company of New 8, page_424_ ). The motion was seconded by Mr. AYES: Messrs. Bear, Comer, lowell, ;;inn, and the ]resident, Mr. Snmll--5. NAYS: None ..... 0. PUBi.IC ,,~F.,RE: The City Clerk is dLrected to request the City Auditor prepare and f~rnish Council at its regular meeting on Friday, March 13, 1936, detai l~d statement showing amounts appropriated and expended for public health, welfare and relief in the city of !loanoke for fiscal year to date, beginning July l, 1935. ST_rTE Ct'~0.~;Ti01! C0.'.,~_'IJSION: The President, i'.;r. Small, brought before Council a.~-plication of the Carter Express lines for certificate of public convenience and necessity to operate motor vehicles in furnishing freight service between Roanoke and Staunton, Virginia, hearing to be held before the State Corporation Cormmission in Richmond, Virginia, on April 30, 1936, at 10:00 o'clock a. m. In this connection, the City Clerk is directed to communicate with Delegate ~'. N. Neff of Abingdon, Virginia, and ask that he forward copy of his bill and advise status of same in the Legislature for the benefit of the Council of the City of Roanoke, co~ering taxation of intangible property of cc~m, on carriers with revenue to be returned to the localities. ~ The City Clerk is also directed to request the Commissioner of Hevenue to furnish statment showing names and number c~TM permits issued cGnmon carriers in the City of Roanoke. There being no further business, on motion of ~r. ~.~inn, seconded by ,Mr. Powell, Council adjourned to meet again at 2:00 o'clock p. m., on March 13, 1936. APPROVED President COUNCIL, 3PECI~ _~,ETING, Monday, March 9, 1936, The Council of the City of Roanoke met in Special Meeting in the Circuit Room in the Municipal Building, Monday, March 9, 1936 at 3:30 o,clock p. m., pursuant to notice by telephone to all members. PRESENT: Messrs. Bear, Powell, Winn and the t'resident, ~,tro Small---4. ABSENT: Mr. J. W. Comer ........ 1. The President, Mr. Small, lm~esiding. OFFICERS PRESENT: Mr. ~'. P. Hunter, City Manager. ROANOKE WATV~ ~'~ORKS COMPANY: The President, Edt. &lnall, stated that at the last executive session of Council held Wednesday, March 4th, at 3:00 o,clock p. m., it was the sentiment of Council that an effort should be made to contact Mr. Elm, head of the f~m of Elm ~ngineertng Organization, to see wl~tho~' or not he would consider associating himself with the City of Roanoke in the Roanoke Tater '~orks Company survey. ~ The Presklent advi~d that, as a result of the authority granted to contact the Elm Organization, an effort has been made, and that he was not in receipt of a '~ co~unication advising that the ~ Organization would be unable to associate itself with the City of Roanoke in this question, and read c Gmnunication in connection with the question in which names of other engineering concerns were listed as possibly ii, being available for this work. I After a discussion of the Question as to method of procedure in handling the lwater v..'orks situation, it being the opinion of the President, Mr. Small, that special legal counsel should be employed and put to work at the earliest possible moment for preparation of the City's case before the State Corporation Commission, in op- i'~position to the Water Works' petition for increase in rates, stating he proposed offering a resolution for the appointment of special co,,_n_sel. The questiom was discussed at length, ~.~. Bear suggesting that he was of the ~lopmnion' that an effort should be made for the purchase of the l~'ater Company before proceeding with the employment of special counsel and special technical engineering experts, and in the absence of an agreement was willing to go the l~mit in solving the water situation in the City of Roanoke, it being his opinion that it ~ould .. lX~ssibly be necessary to ~aploy mm~'e than or~ attorney for preparation of the case, .~ should it go befo=e the State Corporation Commission and ultimately to the courts. The question of proper attorneys to be employed as special counsel in the case was discussed, several names being proposed. After fttrther discussion of various angles of the .~.Er. Small, offered the following: #4755~ A R~SOLU2~iON appointing C. E. Hunter, Attorney, as Special Counsel for the City of Roanoke, for purpose of p~otecting and prosecuting the rights and interest of the City of Roanoke in dealing with application of the Roanoke ~'ater i~-orks Company before the State Corporation Commmission. ( For D,11 tex~ of Resolution see Ordinsnce Book No. 8, page 424 ). Mr. Small moved the adoption of the Resolution. The motion was seconded by ~ir. Bear and adopted by the following vote: AYES: Messrs. Bear, Pomell, ¥iinn, ~_n_d the President, Mr. Small --4. NAYS: Nons ............. O. ( ~&r. Comer ab sent) water situation, the President, The President, ~nmll, stated the next question for consideration was the employment of technical en~ineerin~ experts to deal, not onl~ with the rate questioa but with the valuation of the ~'ater Company, as reported by the Saville Organization which Council has declined to accep~ as the proper valuation. Whereupon Mr. Bear !moved the appointment of the P~esident, Mr. ~nall, and City Manager Hunter as a ~Committee to ascertain what expert assistance might be attained and the general term !and conditions under which such assistance might be secured, and to report back !to Council as soon as possible. The motion was seconded by Mr. ~inn and unanimously adopted, the President, ~Mr. Small, appointed Mr. James ~. Bear as a third member of the Committee. In concluding the meeting, and for the information 5~r. S~mll, stated that Council feels the water question of the public, the President.~. is the most important prohl~n concerning it today, not only with respect to the immediate application for increase rates, but that the City of Roanoke is looking ahead for growth and development of the community for fifteen or twenty years in the future, and that Council is still of the opinion that the valuation, as found and reported by the Saville Organization is too high. The employment of Special Counsel and technical engineering experts is for the purpose of establishing a proper valuation of the Water Company property, which may lead to negotiations for the purchase of same, or condemnation proceedings~ There being no further business, Council adjourned. APPROVED President COUNC~ L, REGULAR MEETING, Friday, Mu-ch 15, 1956. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room Lm the Municipal Building, Friday, March 13, 1~36, at 2:00 p. m., the early meeting hour being called for the purpose of further consideration end dis~Assion ofi report of the IUblic Welfare Advisory Committee. i PRESCotT: Messrs. Bear, Comer, Powell, and the President, Mr. Small ---A. The President, M~. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City ~enager. PUBLIC ¥~_.FARE: The President, Mr. Small, stated the regular order of business v~ould be dispensed with f0~ further consideration of report of t~s Public Uelfare Advisory Committee v~ith respect to organizatic~ of the Public Welfare Department, and related activities in connection with the City's charitable and social work. ~embers oi' the Public 'Welfare Advisory Committee appeared before Council with .~r. Clem D. Johnston acting as spokesman, who advised that a proposed Ordinance had been prepared by the City Attorney, proposing to put into effect the recommendations of the Committee,s report as submitted to Council at a Special Meeting on February 28, 1936, and after presenting copy of said 0rdi~ence to members of Council, the Ordinance ~v~as read by the Chairman of the Committee ( See copy of proposed Ordinance in office of the City Clerk). ' I ~ ' JOhnston advised that the proposed ordinance, as drawn by the City Attorney, Iproviding for, first, the creatio~ of a Public Welfare Department, second, the l~ayor lto appoint an ~dvisory Committee and, this, asking the City ~anager to start looking or the Public ~elfare Department, had been pre- suitable location as quarters for sented to the ~dvisory Comml ttee and unanimously approved. The President, ~r. ~mall, advised the Committee that Council has not had an iopportunity to revie~ and study the proposed Ordinance, and was of the opinion that ! lit could hardly be I~SSed this afternoon, after which certain phases of the proposed ~rdinance were discussed at length, the President noting exceptions to Section 3 ~ f the proposed 0rd~nancei~i with reference to duties of the Director; ~ection 5 with eference to appoint~emt of the Advisory Board, and a paragraph in Section B of the ~eport, appearing on page ll, ~?ith reference to an m~llege n~ndate from the poeple to '~ncrease the City's Budget to meet the relief and melfare program by allowing a col- lapse of the Roanoke Community Fund, and advised that Council ~as core,mitred to the ~ery definite policy it could not ~ncrease the City's Budget beyond the ability ~f local taxation. The I-resident stated further that the proposed Ordinance would be received mud crystalized, and that within a reasonable time Council would proceed to establish ~ Department of Welfare a~ he appointment of a Director through the City Manager, i ut as the salary to be fxxed by Council, he was personally of the opinion that ouncil would be unable to fully meet the suggestions of the Committee, indicating $~,800.00 per annum; that the Ordinance · he maximum ount of salary would not exceed t~ould be reviewed and a~ended to such extent as Council thinks advisable, and that i~ossibly within a week or two Council ~11 ask a sub-comm~ tree from the Advisory Committee to confer on the Ordinance. thought that Council will recommend three names for with the any one of them, stating three names it being his Committee, s Judgement f generous enough to go In the meantime muld like to leave the be very glad for the Committee to give cc~sideration and appointment as Director of the Department of Public Welfa: understanding the three names submitted do not co_mm;t Council to select Council may also ask the City Manager to submit two or thought Council would like to have the benefit of the and investigatic~ in that direction if the Committee would be into that phase of the question. The tresident stated that there were one or two other problems in connectic~l with the establishment of the Department particularly with reference to the mechani of the Department, having in mind particularly hospitalization cost, and the recom- mendation as to handling of clinics which would, of course, be worked out at a later date, stating further that the Department would doubtless be set up along the will require the paring down of the lines as recommended, but Council felt necessity financial recommendati on. was advisability of combining jielfare and Health Another question discussed Departments under one direction head, Mr. JOhnston stating the :~dvisory Committee has every confidence in Council, that the Committee is perfectly willing to leave the question of how much the Budget will be to the discretion of Council, and that the committee is not so much concerned about the salary of the Director as the e, s qualifications of the man. As to nsm~ng a Director, the Committee would be very glad to assist in any way possible, but that the matter of combining the Health Depar:ment and belfare Department could possibly be explained better by Mr. Loosely .who also appeared with the Committee. ~.~. Loosely advised Council he had recently conferred with the National Public Health Association in i.iew York, and that he had been advised outside of Virginia you! would find very fe~ combined Departments. After elaborating on the Question stated it vJas his opinion tt~e Departments should be separated. Mr. Junius P. Fishburn also registered protest against combining ment s, !. recommendation in the whole report, as did Mrs. :-Virginia, as having a great deal of grief on its ' Departmen ts. stating in b_~_s opinion the sei~uration of the Departments the two Depart-ii essential is the most J. J. Izard, who cited Richmond, hands as a result of the combined Dr. U. P. Jackson also spoke in opposition to combining the Departments from a physician's point of view. After further discussion of the question, the lresident, Mr. Small, stated he was of the opinion that now that Council has had the benefit of this informal discussion, an Ordinance will have to be presented for consideration and on behalf 'of Council expressed appreciation for the work done by the Committee, asking the thought be left ~rith the Committee that it submit the three suggested names for 'Director of the Department in order that Council might have same before it for consideration. ~ Consideration of the proposed Ordinance and the report of the Committee having been disposed of, i,,ir. J. T. ;~ood appeared before Council and read a seven page prepared statement in opposition to establishment of a Public Welfare Department, giving his views, recommendations, etc., on this and other related questions. i~ The communication is filed. ~ ~,~ith further reference to the question, communications 'organizations, either ~.e~_dorsin~ the report of the Public Welfare from Civic and Charitable Ad.~iSOyy Corem1 tree or approving the establishment of a Department of Public ;~relfare, Were before Counc! as follows: Chamber of Connneroe, Children,s Home Society of Virginia, The Society for the Crippled of Phyllis ~heatley Y. Industry and Gospel Mission, Inc., Roanoke, The Sequoia Club, and The are filed. Southwestern Virginia, Young Women,s Christian Association, .~'. C. A., The Salvation .Army, Travelers Aid Society, Goodwill Boy Roanoke Hospital Association. Scouts of ~nertca, The Woman's Club of The ccmmunications A communication fr~n the Roanoke Tuberculosis ~.ssociation calling attention to the omission in the ~ ublic J~elfare ,Advisory Committee,s report of funds for ~rovlsion of part-time chest physician, and asking that the Association be o~nttnued" either through the Departme~at of 2;ublic Welfare or the Health Department, was before .~ounc il. The c mmunt eati on is The question of a ~ublic Welfare Department having been temporarily disposed of, ~he regular order of business was resumed. L~INLTES: It appearing that a copy of the minutes of th~ previous meeting having Seen furnished each member of Council, on motion of L~r. Powell, seconded by Mr. ~omer, the reading is dispensed with, and the ~nutes approved as recorded. HEAiG~G OF CITIZ~.[S UPON PUBLIC ~.~T~tS:" · ' 7, ~ i~ P~.~T T'.XACHER ~SSOCIATION: A co~ittee from the ~arent Teacher Association ppe~ed before Co~cil ~d presented communication e~ressing th~ks and appreciation ~'or approp~ation now carried in the Budget for f~e milk and ~ng that an appro- oriation be included in the next Buret for this p~pose. The cGnmittee was advised that this question would be considered in connection ~ith the set-up for the Public ,elfare Department in the preparation of the nex~ ~udget. The cGnmunication is filed for later consideration. PETITIONS AND C0}~UNICATIONS: ZONING: A report aad recommendation from the Board of Zoning Appeals in co nnec- ;ion with petition of C. R. Williams to -mend the Zoning Ordinance covering Lots 17, 18, and 19, Section 2, Rivermont Development Corporation, ~as before Council, the Board recemmending there is no necessity at this time for changing said property from Resident District to Business District. On motion of Mr. Comer, seconded by I..ir. Powell, and unanimously adopted, the City Clerk is directed to forward copy of the ~ report ~ to Mr. Williams. ; Z0~.~NG: A report and recommendation from the Board el° Zoning Appeals with referenc$ ~to p~titiom filed by C. E. Hunter, Attorney for Roanoke Dairy and Ice Cream Company,.~ ilInc., and estate of M. S. Hufflaan, deceased, to amend the Zoning Ordinance for chang'- it~mng Lots Ellll01 and Ell0801 from General Residence to Business District, was before !lCouncxl, the Board recommending that the petition be denied for Lots Ellll01 and 'fEll0801, and that the Roanoke Dairy- and Ice. Cream Company file application with the Building Inspector for the constructi~u of a' non-conf~rm~nE garage on Lot 2111102. On motion of NLr. Bear, seconded by I~.~. Powell, and unamimously adopted, the City :lerk is directed to forward copy of the report to ~.~. C. E. Hunter, and ask if the ~ecommendation of the Board of Zoning Appeals will give h~m the desired if not, Council will give further consideration to his p~tition. CROSS-OVERS: A communication frem M. E. Andrews, tasking s~pplication reli el, and, for a construct concrete cross-over to accommodate property at No. 209 Shenandoah Avenue E., was before Cour~il. The request is referred to the City Manager for investi-~ gation, report and reccmznendation. ~ PARKS AND PLAYGROUNDS: A cc~anunication from Robert sion tb use overflow water pool, was before Council. H. Hale, requesting permis- from spring in '~ashington Park for purpose of a swimming The cGnmunication is referred to the City Manager for investigation, report and recommendation. IDELIN~UEHT T~X~S; A ccx~munioation from M. J. Scruggs, Delinquent Tax Collector, i'~ith reference to refund of real estate taxes paid .by Mary COlvin, was before Counci . iThe question is referred to the City Clerk for necessary Resolution after i. nvesttga- ition and furnishing proper information by the Delinquent Tax Collector. ! FAIRS AND CARNIVALS: A communication from Senator Charles E. Burks, enclosing copy of Senate Bill ~glSg, relating to toxatton of Fairs and Carnivsls, was before ~Counc tl. ' I '~i The file is referred to the City Attorney with the request that he advise Counct.1 .if under the Bill the City of Roanoke would be empowered to impose a license on the Roanoke Fair, and whether the City could require that a special permit be issued for fairs and carnivals before issuamce of license under existing laws. RO~IOKE WATER iiOPdiS CG.~PANY: A communicatica from the State Corporation Com- mission, advising that hearing on petition for increased rates by the Roanoke Water ~'orks Company has been fixed to begin in the Court Room of the State Cor'poration t' Commission, Richmond, Virginia, at 10:00 o'clock a. m., h~ay 27, 10~, was before Co unc il. The City Clerk is directed to forward copy of the communication to l~.~r. C. E. Hunter, Special Counsel, and ask that he advise for the information of Council if the~ suspension of rates until June 1st, as mentioned in th~~'~ cc~___unication, prevents collection by the 'iiater Company. APPOIlq~,.,~,.T-ROANOK~ UATER UORt~S COI~PANY: A communicatiou from C. E. Hunter, Attorney,~ ackno:?led~;ing receipt of Resolution No. ~?015, authorizin~ his aPlx~intment as Special Counsel for the City of Roanoke in connection__ with the Roanoke Water li~orks Company application for 5ncrease in rates, and raising question as to necessary traveling expenses, ~as before Council. The City Clerk is directed, to acknou'ledge receipt of the communie_~tion, and to advise that traveling expenses are intended to include proper hotel bills. DELII!Q,U'.~_.2~ TAX.~: 3,. communication from W.. P. Kelley, with reference to dela. nquen~ taxes, ~as before Council. The communication is referred to L~. ~, Scruggs, Delinquent ~Tax Collector, for report at the nox't; rogular meeting of Council. I' :. MERCPiAI~iT'S LICENSE: A request from J. F. Hayes for transfer of Merchant,s !License No. l~gl, issued to ~. J. Stover, lO0 Main Street, ~asena', was before Council. ~'±he request is referred to the City Maueger for investigatic~, report and recomme~- ~ dation. RECREATION DEPA~HNT: Reports from the City Auditor, City Manager and the Director of the Recreation Department, with reference to supplies and operation of ~the Recreation Department, as a resul~ of reques~ for supple~ntary appropriation i°f $~'81 f°r payment °f basket ball referees' was bef°re C°uncil and discussedl ' The reports are filed for later refe2ence and consideration. The City Manager advising that unless the requested appropriation was authorized~ ~it would be necessary to discontinue the present tourn~ent, l~i~o Bear offering the following Ordinance: ~4754)AN ORDINANOE to amend and reenact Section ~100, "Recreation Department", of an ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th day of June, 1935, No 4547, and entitled, · "An Ordinance making appropriations for the fiscal year beginning July 1, 1935, and ending June 30, 1936." ( For full text of 0rdinanca see Ordinance Book No. 8, page 425). Mr. Bear moved the,adoption of the Ordinance. The motion was seconded by Mr. :Powell and adopted by the following vote: ~o: Messrs. Bear, Comer, Powell, a~d the President, Mr. Small --4. NAYS: None ..... 0. ( Mr. ',';inn absent) REPOHTS OF 0FFIC~RS: REPORT OF THE CITY MANAGER: The City Manager submitted report for the week ending L'~arch 5, 1936, showing cost of garbage removal as fifty cents. The report !is filed. .~..~ERCHA~IT,S LICENSE: The City 2danager submitted report with reference to request of Frank Cooper for transferring, b~:erchant,s License No 1626 issued to Reese Nichols ~recommending that the licer~e be transferred; whereupon, Lir. Powell offered the following Hesolution: (#4755) A RESOLUTTON authorizing transfer oi' Merchant,s License frcm Reese ~ichols to Frank Cooper. ( For full text of Resolution Ordinance Book No. 8, page 425 ). The motion vms seconded by see t}.ir. Powell moved the adoption of the Resolution ~Jr. Bear and adopted by the foiler:lng vote: , ~.~ (_~. ~=YEo. Messrs. Bear, Comer, Powell, and the ~resident, Mr. Small ---4. NAYS: None .... O. PURCHASING AG~'~T-DRUGS: The City ~.ianager presented report as submitted by the i~urchasing ~gent showing list of firms from whom drugs were purchased during the year .[935, as requested by Cotmcil at a previous meeting. 1 The City Clerk is directed to advise the Roanoke County Retail Drug Associatio~ it will a~oint a committee to appear before Council and discuss the question of urchasin~ and supplying drugs for the City of Roanoke, Council will be very gls d to ieceive them. ~ REFUNDS :dO REBATES: A communication from the City Attorney with reference to efun of judgment requested by ,,. P. Huff, representing Kate L. Huff, was before iounc~.l, the City Al:torney advising that the judgement was paid some days ago and .marked satisfied; that Council would not have the authority to release the judgment n any event. 'The communication is filed. JUVEHILE 'AND DOMESTIC RELATIONS COURT: The City Attorney submitted opinion as to appointment of Judge of the Juvenile and Domestic Relations Court, referred to him at a previous meeting of Council, advising that Council cannot make an ap- pointment for a period of less than six years, that it can also defer the appoint- ment until August 30th, in which event the present incumbent would continue to discharge the duties of the office until the uate without further appointment. The City Clerk is directed to forward copy of the City .=ttorney's opinion to Judge Whittle and also to ..':~. Winn. ~U~DS ~2,ID R;..m~ATM$: ~In opinion from the City ~yctorney with reference to request: of J. Penn Goodman for refund of $2.50 imposed against him by the Civil and Police Justice, was before Council, the City :~_ttorney advising that the facts in the case do not justify a refund. '79 80 Final action is deferred until the next regular meeting of Council on Friday, 20, 1935, and the City Clerk is directed to request the Civil and Police Justice to appear before Council at that time. HEALTH DEPAH'IE, i~NTk Report from the Health Department for the month 1936, was before Council. T.he report is filed. of February v,,~,',~SSIONEH OF REVF2~JE: Report from the Commissioner of ~tevenue for the month of February, 1936, was before Council. The report is filed. REPORTS OF 00},£,..ITTEES: None. bqVF II;ISiiED BUSIN ~"~ ' -~S. None. CON~IDE;~ATION OF CLAI~,~S: None. II~HODUCTION ;'~ND CONoIDEllATION OF ORDINANCES .~D RESOLU~/IONS: ~ STREETS ..'~iD ALLEYS: The question of temporarily vacating and closing, an alley · in the Runnymede Addition, as requested by W. t[. Horton, was again before Council. The proposed ~.rdinance is again laid over, and the City Clerk directed to request the City .~ttorney to draft the Ordinance as being a personal privilege and applicabl to !. F. Campbell, operator of the stock yard. ~v~l'nm-~'~-~"u-~ Y'~' ROAD: The question of right-of-way for Franklin Rcad Bridge over the Virginian Eailv:ay tracks, was again before Council, the Ordinance having previously been introduced and referred to the City _:tierney for re-~':riting. On motion of L..r. Bear, seconded by ~.,~. i'oweli and unanimously adopted, the ordinance as previously introduced, and nu~.~bered 4747, is repealed, .b:r. Bear offering the follow- ing Ordinance for its first reading: (,~4747] ,'~.~ 0RD~ANCE relative to and authorizing the purchase by the City of ~Roanoke of various parcels of land, and authorizing and directing the City Attorney itc ~ustitute and prosecute condemnation proceedings to acquire certain parcels of land necessary for right-of-way in constructing a bridge on Franklin Road and Maple Avenue over the virginian Hail~ay tracks. '~'-~,r.~RE~o~'o, by Ordinance No. 4735, adopted by the City Council, James A. Bear, W. P. Hunter and C. L. ;,atkins were appointed a Committee to endeavor 'to agree with the owners on the terms of pu2'chase of certafm lx'operties needed for the construotio~ icl, a bridge on Franklin i~oad and Maple Avenue; ard i'~ '~"~'~~-,~-~~, the said Committee has reported to Council that they have agreed upon :a Drice to be paid by the City for the parcels o'~~ lon_d proposed to be acquired for .the purposes aforesaid owned by the following parties and at the following prices: ' Parcel No. 4, owned by Katy R. Bowman '~ 425.00 Parcel No. 7, owned by ¥;. W. and ~ena ~. Draper ...... 25.00 conditioned upon the final approval of plans and letting of contract for the con- struction of said bridge; and . ~ WW_EREAS, the said Committee has reported to Council that. they were unable to reach, an agreement with the folio%ring property criers on a price to be paid for the lands and parcels of land owned by them, to-wit; [, il Parcel No. 1, owned by Anne E. Marstellez .~' Parcel No. 2, owned by ~rs. S. D. Chambers___ ! Parcel No. 3, owned by J W ~aynick, Jr., [ Parcel No. 6, o~ned by Origgs Packing Company, grid confirmed; i 2 . The City Attorney is hereby directed to prepare deeds iparce~s of land aforesaid, as to whic.% agreement was N0¥J, %L~REFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the report of said Committee be, and the same is hereby received, ratifi, conveying ~he several i reached, to the City of Roanoke~t upon t he ffinal approval of plans of said bridge, and upon execution and of good title by the City Attorney as and letting of contract for the construction of delivery of same to the City and certificate to each property, the City Auditor is authoriz ~d '$1. and directed to issue and deliver to each of the parties a warrant in payment of the amount of consideration accordingly to be paid for the said parcels of land af~esai~; 3. The City Attorney is hereby authorized and directed to institute and prosec~Lte condemna- tion proceedings to acquire the parcels of land a fox. said owned by the parties aforesai~ as to which the Committee was unable to agree with the criers on the price to be paid for the same. The 0rdinance is iaid over. MISC EL LANEOUS: FIRE DEPAH~t~E~ E~[PLOYEES: The City Manager reported he was in receipt of ~ommunication fr~n the Lewis-Gale Hospital advis' - . ~ng that Charles J Via, fireman Injuredin line OE duty, would be confined ~o the h~spital beyond the sixty day ~eriod, pa2uaent for which is p~ovided for in Resolution No. 4?48, the City Manager ~ecommending that the employee be continued on the p~yroll at full pay, for thirty .~aysl' from the 24th of the month. The City Clerk is directed to draft Resolution accordingly and bring before :ounc il for consideration at its next regular meeting. DELIN~UE~ T~XES: The t:resident, ~..Ir. o~nall, brought before Council comparative .ta ement of de ~nquent taxes collected for t~elve month period prior to establish- ent of the Delznquent Tax Department, as compared Eith the collections since estab- lishment of the Department, showing a substantial increase in collections slnce ~stablishment of the Department. ( See copy of report in office of City Clerk). There being no further business, Counc il adjourned. APPROVED President 82 COUNCIL, REGULAR I%[EATING, Friday, March 20~ 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court iRoom in the Municipal Building, Friday, March £0, 1936, at 3:00 o'clock p. m., the regular meeting hour. PRES~qT: Messrs. Bear, Comer, Powell, .iBS~T: !:.:r. Winn ......... 1. and the t:'resident, 5hr. Small ..... 4. The ;resident, i,~r. Small, presiding. 0FFIC~S ]RESEhT: i. Lr. W. P. Hunter, City l~anager. IJINLTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of L~r. Bear, seconded by ~ owell, the reading is dispensed wi th, and the minutes approved as recorded. ~HEA21!I~G~'-'~ .~"ITI,'-.ENS UPCN I~UBI,I~ I~,LkTTERS: PARKS ~d~D iLAYGROUNDS: Robert H. Hale appeared before Council in the interest of using) water from spring in :.ashington l~ark for swi~mming pool, which question was .previously before Council and referred to the City i~ianager for relcort and reccmmen- dation, the Jify L~anag~'er submitting the following report, together with map, filed in his office: "Regarding the request of Robert H. Hale for permission to use overflov: of water from spring in ~ashington ~ark for a swimn~tng pool he proposes to erect on a plat of land lyin.~ between Lynchburg ~venue, Peach Hoed, Washington Park and Lick Run. There is no objection to Robert Hale being allowed to use this water until such time as the City has use for it. "I am herewith presenting a map showing proposed change in Lynchburg Avenue and Hart Avenue which woul_ d use for street purposes part of the land Robert Hale prop~es to use for swimming pool. This should be taken into consideration before permission is granted Hale to construct a swimming pool as the street as outlined on this map complies with the City Plan." It was the unanimous opinion of Council that the applicant be permitted to use I water from spring in Washington Park by piping same along Lick Run to site of 1 propos ed pool. The question is referred to the City ~{anager ~ith the request that he confer ~v~ith the City Attorney to prepare agreement with the provision that after expiration ~of five years, should the City need ~he property in question for future street ira- proveme~ts, the same will be sold to the City on basis of original cost plus improve. ments, after which a resolution will be prepared granting provisions of the agreement. the permit and embodying ~ DRUGS: k committee from the Roanoke County Retail Drug Association, headed by :'D. R.~ g2mentrout, appeared before Council in response to invitation ex-t;ended at the '.last meegintg of the body, for discussion of purchasing and furnishing drugs and sup- plies for the City of Roanoke. i After a brief discussion of the Question, and a recommendation from the com- mittee as to the best method of handling the purc~se of drugs on an equitable basis it was agreed that the best solution of the problem would be the appointment of a committee from Council to confer with the Purchasing Agent and the committee from ~the Drug Association to work out a plan; whereupon, the President, Mr. Small, ~appointed Messrs. ~ames A. Bear and W. M. Powe'l_.l as a commSttee from Council. to conf, ~ith the Purchasing Agent a~ committee from the Drug Association, the said committe :r to make its report to Council at a later date PETITIONS AND C(~MUNICATIC~IS: REFUNDS AND REBATES: A communicatic~ from J. L. Markham, with reference to notice of taxes due on Lots 5 and 6, Section 8, O. R., amounting to $31.45, includhg interest and penalties, for the tion being that the taxes were paid on Jam~sry 24, The question was referred'to the City Auditor re c Gnmend at ion. REFUNDS .'~ND REBATES-CIVIL AND POLIGE JUSTICE: Justice in the case Ordinance No. 4222 1~27 . for investigation, year 1925, was before Council, Mr. Markham, s conten, i Civil A report from the report and ~ and PoliCe of fine of $2.50, imposed on J Penn Goodman for violation of and dis~ssed in the Hustings Court on appeal, was before Council, the Civil amd Police Justice giving as his opinion that the payment of the fine amounts to an acceptance of the Court's ruling and that the court intends to follo~ this rule hereafter until reversed, or convinced that the law is otherwise. After a discussion of the question, it was the concensus of opinion that the fine imposed on J. Penn Goodman should be refunded, but that the present method should be continued by the Civil and Police Justice in his ruling; whereupon, Mr. Powell offered the following Resolution: :: (#4756) A RESOLUTION to refund J. Penn Goodman ..~2.50 for fine imposed by Civil and Police Court. ( For full text of Resolutic~ see Ordinance Book No. 8, page. 427 ). Mr. Powe11. moved the adoption of the Resolution. The motion was seconded by i ldr. Comer, and adopted by the following vote: i AYES: Messrs. Bear, Comer, Powe11., and the President, Mr. Small .... 4. NAYS: None ...... 0. ( Mr. 2'inn absent The City Clerk is directed to advise the Civil and !Olice Justice that Council is in accord with the judicial procedure. MOORE MI~.~.ING C0k?AhrK: A petition from eight property owners adjoining the mill race supplying water to the Moore Milling Company, Salem, Virginia, was before Council, the petitioners asking that the city of Roanoke take necessary steps to protect the rights of the property owners and the control of flood gates operated by the Moore Milling Company. The communication is refer~ed to the City Attorney for such comments as he wishes to make in the matter, with the request that he draft proper reply for Council to direct to the petitioners. SLOT MACHINES: A petition signed by seven _m_erchants, protesting against the Roanoke Police raiding sBd arresting merchants who operate pin game machines, and asking whether or not privilege of operating the said machines accompanies the pro- curement of license, was before Council. The cGamunicatio~ is referred to the Commonwealth Attorney, with the request that he advise Council the proper reply to make to the c _~nunication, and whether or not the policy and procedure in Roanoke is any different from other communities, a~d just what the status will be in the operatic~ of the machines in question. !i CITY CHARTER: A ccmmunication from Honorable Harvey B. APperson, State Senator,' from the Twenty-first District, acknowledging letter from the City Clerk, under date 1936, with reference to Senate Bill #252 introduced in the last of February 25, Legislature, l~o~id~ng for amending the Charter of the City of Roanoke to chan~e term of office of the Civil and Police Justice from two to four years, was before Council. The communicatiom is ~iled. SIDEWALK ASSESS. lENTS: A ccmmv.~n%cation from A. T. Loyd, Attorney, advising that he was petitioning the Court declaring Sidewalk Assessment a~ainst property owned by Julia Law as invalid, was before Council. The City Clerk is directed to investigate the question ami pass on to the City ~Attorney such information as may be available in the case for his information in protecting the City,s interest. ! PUBLIC ¥,'ELFARE: A ccmmunicatien from the Burrell M~norial Hospital, endorsing ,the establishment of a Department of Public ;;elfare in the City of Roanoke, was be- fore Council. The c _c~municatlon is filed. ~ HUSTINGS COU~: A communication from J. L. Almond, Jr., Judge of the Hustings Court, calling att~tion to inadequate acoustics Hustings Court Room, and asking that a committee and improper ventilation in the be appointed to confer with hi~ regarding the .matter, was before Council. The question is referred to the City D"anager, with the request that he confer with Judge Almond and report back to Council. .-"w . ~ ¢~',., · LEGIoI~A~I.JN. Copies of House Bill ~501 to amend and reenact Section 217-a of the Tax Code of Virginia relating to the assessment and taxation of rolling stock of certificated motor vehicle carriers were before Council. The question is referred to the Com~i ssioner of Hevenue with the request that hei advise .Council if the Bill as passed during the Last Legislature will benefit the City of Roanoke, and that he submit such suggestions as he may care to make to Council. D~T'~.~;~-F.~r T~'~[ES: A communication from M'J. Scruggs, Delinquent Tax Collector, vJith reference to delinquent taxes for the year 1925 on Lot 10, Block 14, I..ielrose, 'in the name of ','J.P. Kelly, was before Council, 'that records indicate the taxes in question have not been paid, nor have receipts been produced shox~ing payment of same. the Delinquent Tax Collector advid, rig:il The City Clerk is directed to advise the Delinquent Tax Collector that Council concurs in his conc!usions. The City Clerk is also directed to forward copy of the communication to W. P. Kelley for his information. RO.~OKE '"' ~'~",,~.'_~R ":.ORkin° C~NY.~ '" · A communication from C. ~.~ Hunter, Special Attorney in the Water Works case, advising -nder Section 4066, Code of Virginia, the Roanoke iWater Works Company ~'ould not be pe~a. itted to put into effect the increased rates ;. under the suspend order of the State Corporation__ Commission, and further that the p:mposed schedule of rates may be susi:~nded fr~m time to t'~rrte for period not exceedi'. ten months, was before Council. The communication is filed. RO~,iOKE WATER "..:ORKS CO~.[P~NY: The President, i.~. Small, acting as Chairm_~h of a Special Committee, composed of Messrs. Small, Bear and Hunter, for consideration of tech~-~cal engineering assistance irt the Roanoke Water ;iorks rate case, re~orted tha' the committee, on ;iednesday, March 18th, met with Mr. H. S. Rosson, representing ;! the firm of Burns and McDonnell, Engineering Company, and discussed the Question of retaini~ the firm as expert engineering~ assistanCe, and that a proposal would be Subm'itted by letter within the next; day or two, certainly in t~me for a more detailed report at the next regular Meting of Council on Friday, March 27, 1936, as associal in opposing the rate increase on one hand, and in the interest of establishing a true and actual value of the Water ;,orks Company on the other. R~S~0RTS OF 0FFIC~,~S: R'-~0RT OF THE CITY M~kNAGER: The City ~.~anager submitted report of work and expenditures for week ending ~..:arch lB, 1936. The report is filed. ,'.n~n~,~'S LICENSE: The City Manager submitted report of the question of es transferring ,'derch_s. nt,s License, issued in the name of M. J. Stover, 109 .',~ain Stree$1, Wasena, to J. F. Hayes, previously referred to him, reccmmending that the transfer be made. .Mir. Bear moved that Council concur in the recGnmendation of the City 1,~anager and offered the following Resolut ion: (~4757) A RESOLUTION authorizing transfer of I,-:erchant,s License from L.~. J. Stover to J. F. Hayes. ( For full text of Resolution see Ordinance Book No. 8, page 427 ), ~tr. Bear moved the adoption of the Resolution. ~... Powell, and adopted by the follo~xng vote: The mot ion ~as seconded by A~o: ~..~essrs. Bear, Comer, Fowell, and the l'resident, ~gr. Small --4. NAYS: None ...... 0. CROSS-OVERS: The City Manager reconm~ends that permit to construct a concrete cross-over to acco~r, odate property at 209 Shenandoah Avenue, N. E., as requested by ~,/.. E. Andrews, be granted. ~;Ir. Bear moved that Council concur in the recommendation of the City ~anager, ~ and offered the followin~ Resolution: ~ {~,t~'/,~1) A ~.?SOLUTION granting a perxait to I~. E. /mdrews to const;ruct a concur'ere cross-over. ( For full text of Resolution see Ordinance Book No. 8, page 428 ). ~.Ir. Bear moved the adoption of the Hesolution. The motion v;as seconded by l.~'Ir. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and the President, ~.,JroSmall --~. HAYS None ROA~q0~ HOSPITAL: The CSty Manager presented report sho~ing list of City patents treated at Hoanoke Hospital for the montk of February, 1936, as submitted by the City Physician, showing 284 days, treatment at a cost of ~852.00, with a balance due the hospital, as of }'ebm. ary I~9, 1~6.., amounting to $~585.62. The repor't; is filed. FAIRS ~ C)~Od~It[ALS: The City Attorney submitted opinion 'as to the City's authority ~rt collecting license on fairs and. carnivals, as provided for in Senate Bill #23g, passed by the last Legislature, !mrticularly with reference to the great Roanoke Fair, it being his opinion that the statute is broad enough to authorize the1 City to impose a license on the Roanoke Fair. The City Clerk is directed to send copy o~ the opinion to the Commissioner of Revenue ~nd call his attenti~ to the fact that if the great Roanoke Fair is held this year, City Council expects collection of prope~ license. STREETS AI~DD AII~vYS: A report from the City Attorney with reference to closing i[alley in the Runnymede Addition, as requested by W. H. Herren, previously before Council and referr d to the City Attorney, was again before the body, the City t~Attorney recc~me, ud~ng that the proposed Ordinance as first drafted be adopted by 'Councml. 85 86 The City Clerk is directed to bring the proposed Ordinaries in question before Council at its next regular m~eting for consideration. REPORTS OF CC~MITTEES: ( See Roanoke Water ~'orks Company under Petitions and Cmamunications ) UNFINISHED BUSINESS: None. CONSID~LqATION OF CLAIM~: None· INTRODUCTION AND CONSIDERATION OF ORDINANCES ~.]'D RESOLUTIONS: REFUNDS .~2,~D REBJ~TES: The question of refunding pe~lty, interest and fees on itaxes paid by Mary Colvtn, was before Council ~ · i The City Clerk is directed to ascertain if the 1935 taxes if so, bring before Council at its ne:rt regulo2' refund. [ FIRE DFf~ARE!dENT-~-:~LOYEES: The question of authorizing payment of salary to ~harles J. Via, Fireman, injured in line of duty, previously before Council, again before the body and discussed, !dr. Bear offering the following Resolution: (#4759) A RESOLUTION authorizing payment of salary of Charles J. Via, Fireman, injured in line of duty. ha~e been paid and, meet ing proper Resolution authorizin~ ( For full text of Resolution see Ordinance Book No. 8, page .428 ~). _~dr. Bear moved the adoption of the Hesolutica. The motion was seconded by ,-r. !:owe!l, and adopted by the following vote: AYES: :~essrs. Bear, Comer, Powell, and the President, Mr. Small .... 4. NAYS: None ....... 0. BRIDGES-FR~d.~IN ROAD; The following 0rdinence authorizing the purchase and condemning of necessary property for right-of-way in the construction of bridge on Fr~:~klin Road over the Virginian Railx~ay tracks, previously introduced for its fSx'st 'reading and laid over, ~'~as again before Council and offered by ~. Comer for its second reading: (~4747) AN ORDINANCE relative to and authorizing the purchase by the City of iRoanoke of various parcels of land, and authorizing and directing the City Attorney to institute and presecute condemnatic~ proceedings to acquire certain parcels of land necessary for right-of-way in constructing a bridge on Franklin Road and Maple ~venue over the Virginian Railway tracks. ( For f~ll tex~ of Ordinance see Ordinance Book No. 8, page 4E8 ). ~. Co,er moved the adoption of the Ordinance. The motion was seconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, lowell, and the President, ;Jr. Small---4. NAW_~: None ...... 0. t, i0TIONS AI'~D MISCELLANEOUS BUSINESS: ,~ R~.-~ CROSS: Mr. Bear brought to the attentic~ of Council the question of funds needed!~ by the Red Cross in their work for relief and. suffering caused by the recent floods,i: it being his opinion.that the City of Roanoke could well afford to make a ~all appropriation, and offering the follow:i_ng Hesalution: !ng (#4?60) A P~SOLU'£TON to contribute $~O.00 to the Red Cross for relief caused by the recent floods. ( For full ~ext of Resolution see Ordinance Book No. 8, page 429 .). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYZS: Messrs. Bear, Co, r, Powell, and the Presidemt, Mr. .A · NAYS· None ...... 0. VIRGINIA STATE ~PL0~.q~ S~VICE: The President, Mr. ~mll, Small ---4. brought to the and suffer~ attention of Council a number of applications for position as Manager of the Virgin! State Employment office, to succeed the late A.L. Roberts, deceased, and asked that the applications be held in open file for later consideration of the question by Council when a full membership is present, it being explained that the prodecure for appointment is by re c cmmenda ti on of Council to the State Director who submits the recommendation to the Department of Labor in Washington. SOCIAL SECURITY: The ~-resident, VAr. Small, brought to the attention of Council a communication from the United ~tates Conference of l;iayors, quoting Article 206 of the Social Security Act, providing for the exemption of taxes on employers under this Act of Federal and State Employees, or any political subdivision thereof, the City Clerk being directed to forward same to ~he City Auditor for his information. BAIL CG~ISSIONER: The President, Mr. Small, brought to the attention of Council question of salary for Bail Conznissloner, and submitted the following to be included as a Minute of the meeting. "Under the provisions of a statute finally enacted at the recent session of the Legislature the Council of Roanoke is authorized to fix the salary of the Bail Com- m~issioner, whose aDpointmant is at the pleasure of the Judge of the Hustings Co,Jrt.! Remun.eration of this ~ffice is now on a fee basis but up,effective date of the act the Bail Commissioner will be placed on a salary to be fixed by Council. "I am simply tasking reference at this time to the approaching change of status ar~l to advise Council that I shall advocate an initial salary at the rate of '~ ~1,500.00 per annum, which is slightly higher than the existing fee basis produces, with the understanding, boy, ever, that the salary of this office from time to time should bear some relationship to the revenues of the office, as it is a determining factor in the amount of work required. Obviously reduced income of the office reflects a curtailment of the ~ork and the basic salary should be adjusted accordingly." pLrBLIC WELFARE: The President, ~lr. Small, brought to the attention and advice of Council the proposed Ordinance previously submitted by the Public Welfare Advisory Committee will be presented to Council at its next regular meeting Friday, March 27, 1936, with some revisions and amendments for final consideration. LICENSE: The City Manager is requested to sscertain and submit report at the next regular meeting of Council as to ~hethe~ or not the Arcade Market has paid license for the year 1936, as provided for in the License Tax Code under Section APPOINTM~TS: The City Manager reported the appointment of H. R. Abshire, age i128, as fireman, to fill the vacancy caused by the death of Captain J. M. Hancock, effective March 9, 1936, The report is filed. LICENSE: The City ~anager is requested to have the Police Department render report for submission to Council of violators of License Tax Ordinance. REAL ~STATE: The President, i~dr. Small, brought to the attention of Council a 115~. attention of the applicant the availability of the adjoining property. question of renting real estate on the Northwest corner of Second Street and Church as a gasoline filling station, it being the thought that the present frame buildings could be razed. It being the unan.~ous opinion of Council that additional revenue m~y be obtained ~y following this procedure, the newspaper reporters are asked to give publicity to the matter, with the advice that applications will be considered by the City }..{anager. In this connection the City Manager reported that he was in receipt of applica-~! t;ion for fifty feet in the front of th~ old telephone building, to be used as a tire.' shop. It being the unanimous opinion of Council that the old telephone building ahould not be util-ized for this pu~ose, the City ~ianager is directed to call to theI BRIDGE~.-FR~]KLIN ROAD: The City Manager brought to notice from the :Framkl in ~Virginia, the attention of Council State tlighway Department that bids for the construction of the Road Bridge over the Virginian Railway tracks would be open in Richmond, at 10:00 o'clock a. m., Tuesday, March 31st. it is directed that the City of At the suggestion of the iresident, ~tr. Small, Roanoke be represented at the opening of the bids either by the City Manager or the City Engineer. BUDGeT-CITY ~{GINEER: The City Manager brought to the attention of Council the question of transferring funds in the dity Engineer's Budget, which transfer would entail no additional expenditures; whereupon, Mr. Bear offered the following Ordin~n~ (#4761) .A~ O.~D!N~NCE to amend and reenact section ~70, "Engineering Department"i! . iof an Ordinance adopted by the Council of the City of Hoanoke, Virginia, on the 28thl ~ "An OrdLuance making appropriations for !day of June, 1935, No. 4547, and entitled, - the fiscal year beginning July l, 1935, and ending June ~0, 1936." ( For full tex~ of Ordinance see Ordinance Book Ho. 8, page 429 ). Mr. Bear moved the adoption of the Ordinance. The motion was seconded by L~r. Comer, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and the President, Mr. Small --4. NAYS: None ...... 0. BRiDG~_iB-FR~DH.LLIN RO,YD: A communication frcm I~r. C. Bucholtz, President of the Virginian Railway Company, with reference to division of cost of right-of-way for the Franklin Rc~d Bridge over the Virginian Railway tracks, was before Council offered a motion that the correspondence and discussed, the President, Idr. Sm~ll, .between Council and the Virginian Railway Company be referred to the City Attorney, m-ith the request that he advise Council at its next regular meeting whether or not it has a leEal right to enforce an equal division of proper.fy cost for right-of-way necessary for the construction of the Franklin Reed Bridge. The motion ~as seconded :by i, tr. Yowell, snd unanimously adopted. : The City Clefn is directed to acknowledge receipt of LLr. Bucholtz' letter and to advise thmt the communication was before Council at its meeting on Friday, March 20th, and had been referred to the City Attorney for advice as to Council's rights in t he mat t er. There being no further business, Council adjourned. APPROVED Pre s ident C0b~iCIL, REGULAR MEkTING, Friday, March 27, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the ~,~unic ipal BuildiI~, Friday, ~.[arch 2~, 1936, at 2:30 o'clock p. m., the early meeting hour beir4~; called for hearing~ to amend the Zoning Ordinance. P~-~;~":c~. l,lessrs. Bear, Comer, }o~ell, ~_nd the tresident, l.:~. ~mall --4. ABSEhT: Mr..;inn ...... 1. The }resident, L~r..~mall, presiding. 0FF~CERS PR~o~T: I':k'. ,,. I:' Hunter, City l.lanager. The President, Lit. Small, stated the early meeting of Council had been called pursuant to notice in tl~e local newspapers to consider request of petition of ii.~r. Charles L. Gollehon to amend Zoning Ordinance for Lots 15, 16, 17 and 18, BeveL%y Court Additi on, between Franklin Road and Franklin ~venue, to change stone from Residence to Business District. 'Mr. R. A. Bondurant appeared before Council advising that he was the owner of : property located in the county, across the street from the Lots in question, stating he was not appearing to register any objection to the construction of a fillirg station on the property, if it was of the right type, and ~as given assurance that ~should fdllin~- station be constructed, it ;~ould be of the so-called modern type. After a further discussion of the question, the President, !,£r. Small, called attention to the recommendation of the Board of Zoning Appeals that there.is no ; necessity of chan~3ing the property from the General ~esidence to a ~usiness District' land that there would be no objection to gra~uting a permit for the erection of a fill-;' iing~~' station under Article Vii of the Loning Ordinance, prov~din~ for non-conforming tuses; ~'hereupon, !.':r. Comer offered the follo~,ing Resolution: t (#4762) A RESOLUTION concurring in the recommendation of the Board of Zoning ilAppeals and authorizing issuance of permit for construction of filling station on ILots 15, 16, 17 and 18, Beverly Court Addition. ( For full text of Resolution see Ordinance Book No. 8, page 430). Mr. Comer moved the adoption of the Resolution. Bear, ~d adopted by the follow_~ng vote: AY'.~S: l.~iessrs. Bear, Comer, Powell, The mot ion ~as sec ended by !,Ir..~ and the President, iLr. Small ---~. ~ NAYS: None ...... 0. ( ktr. ~inn absent ). ~ Mr. Gollehon raised the question as to -~hether or not he would be permitted to '~.. erect a store building on the property in question, and ~as advised that this matter would have to be handled as a separate petition. MIi..~Tr~EB: it appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of l~._r. Bear, seconded by ~r. Powell, the reading is dispensed ~ith, and the minutes approved as recorded. H~_RING OF C!TIZA/-~S UPON PUBLIC MATTERS: ZONING: Mr. B. V. Helms, Real Estate ~_q~gent, representing L. !d. Thornsbury, appeared before Council and presented petition askin~ that Lot 13, and Eastern 30 feet of Lot 14, Section 2, Ghent Map, on the Southeast corner of Virginia Avenue ta..n_d 0u~ Street, known as 3g6 Virginia _~.venue, no~'t designated by the Zoning 0rdirmnce as Resident District, be changed to Business District, advis~.~g tha~ the store build.ing now located on said property ~ould be razed and a filling station erected 8.9 9O thereon, subm_t_tting plans and specifications in support of his statement. The questiom is referred to the Board of Zoning Appeals for investigation, repo "and recommendation, for consideration of Council at its next meeting on Friday, PETITIONS AND C0~IJNICATIONS: ~ STATE CORPORATION COMI~ISSION-MOTOR FREIGHT LINES: Notice of hearing before the ~State Corporation Commission on application of the Mundy Van and ;;arehouse Ccrporati itc operate motor vehicles in furnishing freight service from Roanoke to the District of Columbia Line, set for AprLl B0, 1936, at 10:00 o'clock a. m., in.Richmond, iVirginia, and for the Red Line, Incol~orated, for freight service from Roanoke to 'Danville, Virginia, hearing set for April 29, 1936, at 10:00 o'clock a. m., in Richmond, Virginia, was before Council. The communications are referred to the City ~lttoraey for such recommendations as he has to make. REFUYDS ~D Rk~.ATES: A communication from C. :~. Kennett, City Treasurer, re- questl, ng refund of .~1.19 to N. D. Malouf, covering tax ticket No. 11465, for Lot £, Block J, Oak Ridge, belong?ing to E. L. Craighead, paid in error as a result of improper transfer on the Land Books, ;vas before Council. The City Auditor personally appearing before Council and advising the refund appeared to be in order, L.~r. Comer offered the following Resolution: 't n (#476~) A RESOLUTION authorizing refund of $21.19 covering 1936 Reel Estate Taxes collected in error frGn H. D. }~alouf. ( For full text of Resolution see urdinance Book ~ _'..o. 8, page 430). Comer moved the adoption of the ResoSul~ion. The motion was seconded by L'~r... Fowell, and adopted by the following vote: AX~o: ~',:essrs. Bear, Comer, ~o~ell, and the }resident, i,.~.~ ,~: r_~ione .... 0. ~Zr. Small ---~. P~D CROSS: A communication from the .~nerican Red Cross, expressing thanks and appreciation for the contribution made by Council under Hesoluti6n No. 4~6D, was before Council. The communication is filed. TAXES: Copy of communication from ~s. ~{arie L. Tice, addressed to the City Treasurer, with reference to taxes on Lot l, Block 22, Roanoke Gas & Water Company, was before Council, Mrs. Tice advis~ng that v~hile deed covering sale of property in question was recorded in the office of the Clerk of the Courts on September 26, '.:,19:55, the tax tickets still stand in the name of H. L. Simmons. The c~unication is referred to the Commissioner of Revenue for such correctio~ of the records as seems necessary. CROSS-OVERS: A communication from H. O. ¥i~hitlow, making a.uplication for cross- ;over to accommodate fillir~ station located on Northwest Corr~r of Franklin Road and Brandon Road, S$uth Roanoke, was before Council, the City Manager recommending the the permit be granted. ~r. Comer moved that Council concur in the recommendat$on oi the City L~_anager, and offered the following Resolution: (#47641 A RESOLUTION granting a permit to H. G. ~hitlow to construct a concrete i cross-over. For full text of Resolution see Ordinance I~. Comer ~ved the adoption of the Resolution. Powell, and adopted by ghe f ollo~i, ng vote: AYW~S: i~essrs. Bear, Comer, Powell, NAYS: None ....... 0. Book No. 8, page 431). The motion was seconded by and the President, l~r. Small ?--4. LICENSE: A communication from the Commissioner of Revenue, attaching file in connection with license of photographers, as provided for in Section 109 of the License Tax Code, including an opinion from the Attorney General, license for which was recently held invalid by the Hustings Court as being contrary to interstate commerce laws, was before Council. On motion of 1,2o Bear, seconded by i,~. Powell end unanimously adopted, the file is returned to the Conm~issioner of Eevenue with the request that he communicate with the City Manager with a view of having the License Inspector force collection of license on itinerant photographers and, for failure to obtain said license, that the operators be brought into Court. RA~0RTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager submitted report of work and expenditures for week ending March 19, 1936, ,fifty-three cents. The report is filed. showing cost of garbage removal of LEGISLATION: A report from the Commissioner of Revenue, with reference to House Bill ~'~501, relating to the assessment and taxation of rollir~u stock of certificated .motor vellicle carriers, recently passed by the Legislature, was before Council, t~ Commissioner of Revenue advising that in his opinion the change in the law will not t · materially affect Roanoke. The comJaunicatic~ is filed. MOORE .MILLI~G C01~A~: An opinion from the City ~ttorney in connection with ipetition of property owners in the vicinity of the lJoore Millin~ Company, asking that the City of Roanoke take necessary steps to protect the rights of their property ~nd the control of flood gates operated by the Moore i~illing Company, was before ~ Council, the City Attorney giving as his opinion that the City of Roanoke has nothing to do with the control or use of the property in question, and there is no liability iagainst the City. The City Clerk is directed to furnish copy of the opinion to the name first 'isigned to the petition for such disposition as he wishes to make of it. I D~.IN~UE~ T~&XES: A report from the City Auditor, ~ith reference to contention !iof J. L. ~..~arkham that delinquent taxes on Lots 5 and 6, Section 8, Oak Ridge ~ere ~aid on January 24, 1927,~ ;·~as before Council, the City Auditor advising that the ~ecords in the office of the City Treasurer show the taxes as having been paid and ~ater returned as delinquent to the Clerk of the Courts, and recommending that no ~efund be made. I of the Question and introduction of the records in the Afte~ fUrther discussion case, on motion of ~/~. Bear, duly seconded, the City Clerk is directed to draft roperResolution to authorize the releasing of the taxes in for considera- e_uest ion ~ion of Council at its next meeting. REPORTS OF C0}~TTEES: ROANOKE WATER WORKS C0~,~PAI~: ~r. Small, Chairman of the Committee appointed ~i ~rcm Council to engage technical engineering assistance to assist Special Counsel ~ n opposing increased rates of the Roanoke Water Works Company, s~d for fixing a true .~aluati on of the property, submitted verbal report that a proposal from the firm of urns and McDonnell has been received, and that the Committee had addressed another ~ommunication to the firm for the purpose of clearing up two or three points; that ;here would probably be ~alled a Special Meeting of Council some time during the :Gaing week for further dis~ssion of the Water ~-orks question. TP~FFIC C0~2~TTEE: ~t the suggestion of i~r. Bear, Chairman of the Traffic Co~mm~ttee, the City ~anager is directed to ascertain and report to Council statm 92 of the Traffic Code as being drafted by a sub-oomm_ t_tteeo UNFINISHED BUSINESS: Nons. C ONSI DERATI ON 0 F CLAI MS: Nons. INTRODUCTION ,'d~D CONSIDh~ATIC~ OF ORDINANCES AND RESOLUTIONS: ALLEY CLOSING: The question of closi~ alley in Block 13 of the Hunnymede ~Corl~oration, as requested by 1~'. i¥. H. Horton, was ag~t.n before Council, it being the unanimous opinion of Council that the alley between Lots 1 amd 14 should not be ~included in the Ordinance; whereupon, Mr. Powell offered the following Ordinance its first reading: (~4765) AN 0RD!N.~NCE vacating: and closing an alley between Lots 2 to 13 inclu- sire, and Lots 15 to 26 inclusive, of Blockl3, as shown on the map of the Runnymede Corporation, Inc., in the City of Roanoke, Virginia. the ;qunnymede Corporation, Inc., has requested Council to discontinue, vacate and close an alley between Lots 2 to 13 inclusive, and Lots 15 to 26 inclu- sive, Block 13, shorn on the mp of the Runnymede Corporation, Inc., and it ap pears to Council that the strilc of lan' embraced in said alley, as shown on the map of the Runnymede Corporation, i1%0. , has not been used as a public alley, ami that said strip of land is not necessary or needed for public travel; that no inconvenience m'i!l result to the public or to the rights of any one from the vacation and closing of the aforesaid strip of land as an alley; that the rights of neither the public nor any individual ~ill be violated, or any injury or damage sustained by reason of the vacation and closing of said alley. BE iT,THLREFORE, ORDAINED by the Council of the City of Roanoke that said strip of land known as an alley aforesaid be, and the same is hereby discontinued, vacated and closed as an alley or for any use to the public, and all right, title and intere~t of the City of Roanoke to such public easement in and over said strip of land is hereby released to the abutting owner or owners of said strip of land. The ordinance is laid over. RE~,!DS ~ID ~,=B.,~T~S: The question of refunding Mary Colvin ~21.47 covering penalty, interest and fees, having-~, previously been before Council and again deferred awaitin~ report on whether or not all taxes, including the year 1935, had been paid, ~as again before the body, the City Clerk reporting that his investigation reveals that all taxes have been paid; whereupon, i.tr. Bear offered the following Resolution: (~4766) k RESOLUTION authorizing refund of ~21.47, cover ~ng penalty, interest a~d fees, paid by Mary Colvin for the years 1927 to 1954, inclusive. ( For full text of Resolution see ordinance Book Ho. 8, Page 431 ). k~. Bear moved the adoption of the z, esolution. The motion was seconded by ~. }owell and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and the President, Mr. Ohnall ----4. NA-~- None-----0 · ° i~ PUBLIC b~FARE: The question of establishing a Department of ublic .elfare, having previously been before Council, '~as again before the body, Mro Bea.~ offering an Ordinance providing for the establishment of. the Department, "the Director to be appointed by the City Manager, by and with the consent of Council first obtained There being objection on the part of i:~2. Comer for inclusion of the clause "by and with the co~-~ent of Council first obtained", Council recessed. After a recess, ,':ir. Bear withdrew the first Ordinance proposed, the following Ordinance, and int reduced which was unanimously approved for its first reading: (~47671 AN ORDINA~ICE to create a Department of Public Welfare for the City of Roanoke and to define the scope of its duties, to l~Ovide for the appointment of a Director for said Department and p~escribe his duties and responsibilities, to provide for the necessary personnel in said Department, and for the appointment of an Advisory Board. ;~'""'~'~"~ it is necessary for the public vlelfare of the City of Roanoke and for the public safety, morals and the general welfare of the City of Roanoke and its dsily operations, and this ordinance shall take effect frem and after its passage. BE IT ORDAINED by the Council of the City of Roanoke as follo~ls: There is hereby created a Department of Public Nelfare for the The Department hereby created shall be composed of a Director of and such person_nel as the Council may determine. Sectio~ 1. City of Roanoke. Section 2. Public Welfare, The Director shall be appointed by the City Manager. The Director so appointed may be disciplined or removed by the City Manager Ii and in the event of r~uoval the City Manager shall report such action to the Council ag the next; meeting following such r~'aoval. All other employees of sa.id Depa~;ment shall be appointed and may be disciplined or removed by the Director, subject to i final approval of the City Manager in cases of dismissal. The Director may be re- quired by Council to give bond in such penalty and such security as Council may prescribe. Section 3. Subject to the supervision of the City Manager, the Director shall administer the affairs of his department, which shall include the management and control of: relief of all indigent persons who are properly and legally a public charge in the City of Roanoke and who are not cared for by some other public agency care of dependent and neglected children; care of the indigent sick, both in their ovJn homes and in designated hospitals; control and administration of the City Alms- house and Farm, and receive, disburse and administer appropriations of Federal, State and other funds for purposes embraced within th~ scope of the powers and duties lof said Department. In addition to the duties and functions above enumerated, the Director shall cooperate with private welfare agencies to the end that the City.and lits inhabitants may enjoy a well rounded program of welfare work and relief, subjec~ '~ito such regulations and policies as may periodically be determined by Council. Section ~. The Director shall receive such salary as may be authorized by the Council of the City of Roanoke and his office shall be at such location as shall be assigned by the City Manager. ger and as authorized in the City budget, provide supplies, maintenance, necessary food, medicine and other necessities for those who are found to be proper subjects for relief. Said Director shall keep such records and accounts, upon such forms as shall be deemed necessary by the City Auditor for the proper conduct of the office. Section 5. The Mayor sb~ll appoint, subject to approva~ of Council, an Advisory Board composed of five {15} citizens chosen without regard to sex and to The Director may, with the approval of the City Mama- serve without pay, to advise and cooperate with the City Manager and the Director in administering this ordinance. The term of the members of said Board, presently to be appointed shall expire on September 30, 1936; thereafter, the appointment shall be for a period of two years from date of appointment, except that three members oft said Board shall hold for a period of one year and two for a period of two years, ~ 93 said Board shall meet periodically, special meetings may be called at any time by two members of said Board. The Ordinance is laid over. MOTIONS AI~D MISCELLANEOUS BUSINESS: BONDS FOR EI¥~LOYEES: The City Clerk brought to the attention of Council blenke bond on City Employees, as authorized by Resolution No. 4499, adopted the 19th day of April, 1935, the expiration date of said bond being April 25, 1936. .. The City Clerk is directed to confer vgth the City Manager and make report to Council at its next meeting of additions and changes in the bond as now written. INSU?J~NCE: The City !~Ianager brought to the attention of Council the question of insurance on City property, recommending that s~me be written on a schedule basis. After a discussion of the question, the City Manager was directed to prepare a revised schedule of insurance as now written, exclusive of school property and motor vehicles, bringing same up to date for information of a committee appointed, composed of '. '~ L ~.:. Po~ell and U. P. Hunter, to bring back recommendation to Council ~hat furth~ steps it st~ould pursue in handling insurance on City property. B:~ ~? ~?~'~'~ INSPECTOR DEP'~IE~: The City Manager brought be fore Council request for incre-ased appropriation of the Electrical Inspector for c~nging and printir~z various forms used by the Electrical Department. The City Clerk is directed to prepare necessary Ordinance, or Resolution, inc~eased appropriation of ~78.00 in the Budget for Jail, i~s pris oners. The City Clerk is directed to prepare necessary Ordinance, or Hesolution, authorizing the appropriation, for consideration of Council at its next regular meeting. ~ ' - BRIDGES-FP~GQLIN ROJ~D: The resident, ~ir. Small, advised Council it was his understanding bids for the Franklin Road Bridge over the Virginian Railv~y tracks would be open in Richmond, Virginia, o~ March 31, 1936, at 10:00 o,clock a. m., Drovidi~g for the additional aDoropriation for consideration of Council at its next regular meeting, the item of L~oving Picture Machine Operators Certificate to be omi~ted. BUDGET-JAIL: The City ~.~.~nager brought to the attention of Council request for to be expended for cloth- and suggested that the City Manager be directed to be present at the opening of the bids. On motion of !~. Bear, duly seconded and unanimously adopted, the City Manager in his is so directed, and also to authorize the attendance of the City Engineer if, judgment, it should seem desirable. LIC~;SE: The question of payment of license by the ~cade !darker, under Section ll5~ of the License Code, previously before Council, was again before the body, the City Clerk reporting that he had been advised by the Commissioner of Revenue that the operator of the :-~rcade !~arket has paid no license under this section. The City Clerk is directed to direct communicatio~ to the Commissioner of Revenue requesting that he advise Co,~ncil what collections have been made under the provisions of Section 115½ of the 1936 Licer~se Ordinance, and, if the operators of public markets have not paid any license thereunder, what steps he intends to. take to bring the matter before the Courts as a test case. LEGISLATION: Mr Comer brought to the attention of Council the question of ~" reviewing Legislation passed by the last session, with a view of O~a-r"ting Ordinance ~to parallel the State Laws at the proper time. There bein~ no further business, on motion of ~;r. Powell, Council adjourned. APPROVED 96 COUNCIL, REGULAR MEETING, Friday, April 5, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the ~,iuntcipal Building, Friday, April 3, 1936, at 3:00 o,clock p. m., the regular meeting hour. PRES~(T: Messrs. Comer, }'ow el 1, and the iresident, i.tr . Smal 1 ---5 . ABS~.~!T: Messrs. Bear and 'Jinn ..... 2. The i'resident, ilar. small, presiding. OFFICERS }~RESE~,~: Mr. ~,,. P. Hunter, City Manager. ~.[[..UT~: It appeari~ that a copy of the minutes of the previous meeting havin uoon motion of Mr. ?owell, seconded by Mr. been furnished each mamber of Council, _ Comer, the readin~ is d islensed with, and the minutes approved as recorded. HEARIHG OF CITIZENS UPON PUBLIC iLITI'ERS: 'ZISCELL~I~EOUS: a committee from Uilson and Company, meatpackers, with Frank Hausley as spokesman, a?peared before Council and presented the Mayor certificate signed by the t'resident of the Tesas Centennial Exposition, designating the Mayor as ".Ambassador of Good :.ill for !£unicipal Service" from Roanoke to the exposition. The ij. ayor expressed his thanks and a~preciation for the honor bestowed, and his desire to a~%end the exposition if possible. ..... .~.~ '~ ";- Representatives sponsoring the National Bo~' and Girls" Week, ~, P~o~ ~i.~.~ I 0~,o: kno¥~'n as the Steering Committee, with Dr. J. Luther Sieber as spokesman, appearad before Council and told somethi~ of contemplated plans for observance of Boys' and Girls' Week in the City of Roanoke, from April 25th to L~ay 2nd, and asked that Coun- cil participate in this ~ork to the extent of nmking an appropriation to held defray the exienses incident to the program in addition to providing space in the old it being stated the latter request would be telephone build in~ for the Hobby Show, Director of the Department of Recreation, who has been appointed made by L~r, Cowen, as ,~hazr..~an of the ~teering Committee, and to disburse funds collected. The spokesman advised Council that any funds collected over and above the necessary expenses would be returned to the contributors on a pro rata basis. After a further discussion of the question, I,~. Powell offered the follo~ing Resolut ion: L!r. i~owell moved the adoption of the Resolution. Comer, and adopted by the following vote: (#4768] k RESOLUTION authorizing s~ud appropriating .$100.00 incident to observance of Boys' ami Girls' ~eek, april 25th to May 2nd, in the City of Roanoke. ( For full text of Resolution see Ordinance Book Ho. 8, page 433 ). The motion was seconded by AY.'JB: L2essrs. Comer, Powell, and the President, 5Lt. Small ---O. ~.~=. ~o: None ......O. BUILDINGS: ~ir. B. F. ~oo~m, Secretary of the Chamber of Commerce, appeared before Council in the interest of securing ~ermit for expanding and constructing addition to the plant of the Blue Ridge Overall Company, located on Shenandoah Avenue, stating the floor space contemplated by plans and specifications would ex- ceed limitations, as provided for in Sectica 148 of the Building Code. After a detailed discussion of the matter, the question is referred to the City .r,~anager with the request that he confer with the local Board of Fire Underv~it~ rs and the Chief of the Fire Department, with a view of working out a satisfactory solution and make recGnmendatiou to Council at its next meeting 1936, as to the best method of handling the situation. DELIN%UE~I' TAX I)EI:~RT~,',ENT: Mr, ~.i.J. Scruggs, Delinquent Tax before Council and presented report showing collection of delinquent taxes from January 1, report is filed, to ;.,larch 30, on F~ day, April 10,i Collector, appeared for perio~ 1936, showing total collections of $33,752.00. Attorney, appeared before Council in the ~ I:APdiS Jt~ID PLAYGROUNDS: Jacob L. Reid, interest of application of Robert H. Hale for permission to use overflow of spring in Washington lark for use of swimming pool, to be constructed adjacent thereto, which matter was previously before Council and referred to the City Manager to formu late agreement, with the provision that after expiration of five years s~ould the City need the property in question for future street improv~uents, the same would be sold to the City on basis of original cost, plus improvements. The attorney registered objection to recordation of the agreement on the grounds it would constitute a flaw in the title, and, perhaps, prevent having a loan on the property. After a discussion of the q~estion at the suggestion of L.r. Comer, the matter is carried over to permit the applicant to negotiate for funds. HEARING 0F CITIZENS UPON PUBLIC !~2A?DERS: REBATES: A request from F. H. Wright for refund of .~1.08, represent- ing over-payment for City automobile license tag, was before Council, the City Clerk advising that the amount had been verified; vfnereupon, i'~. Powell offered the follow- lng' Res olut i on: (,~4~69) A R~SOLUTi0N to refund ~1.08 to £. H. ,~'right, for overpayment of City Automobile License Tag. ( For full text of Resolution see Ordinance Book I'io. 8, page 454) . ~. Powetl moved the adoption of the Resolution. The motion v;as seconded by l.,_r. Comer, and adopted by the following vote: AYES: Messrs. Comer, ar~i the ~resident, ~.r. Small .... 3. I~_ TS: Hone -'----0. VER ~ ' .... - ~.:__. CHAN S LICW~NSE: a request from ~. E. Ba-~bam for transfer of Merchant's .~; Licemse No. 1464, issued to the Conoco Service Station, operated by Carl B. Sink, ~400 Dale Avenue, S. E., was before Council. The request is referred tG the City Manager for investigation, report and recommendation. SLOT ~ACHINES: A cGnmtmi~'ation from R. S. Smith, in response to request for proper reply to petition presented by iJ. erch~nts of tbs. City of Roanoke, dealing with the operation of slot machines and pin games, was before Council, the Common- wealth Attorney enclosing copy of the new Act recently passed by the Legislature, and advising Pin Table machines are excepted. The City Clerk is directed to forward copy of the communication and Act to signers of the petition, ~;~th copies to the City Manager and Commissioner of Revenue, asking that payment of proper license be enforced, the City Manager to forward copyli to the Police Department with a vie~ of havir~ the machines in operation inspected ;i and to conform to the provisions of the Act. GRAB~GE tL~.iOVAL: A communication from Hubert C. Wright, 713 Avenham Avenue, South Roanoke, complaining of the City's failure to have rubbish removed from his premises, ;Mas before Council. The c~munication is referred to the City Manager 98 with the request the conditions complained of be corrected. ZONING: A communication from the Board of Zoning Appeals, with reference to i'request of L. M. Thornsbury to change Lot 13, and eastern thirty feet of Lot 14, ~ection 2, Ghent Map, from Residence to Dusiness District, was be£ore Council, the ~oard advising in view of the fac_t that one member had been disqualified from acting on the question and absence of other members from the City, action had been postpone~ Until the coming week. ~ CROSS-OVE~S: A communication from Harrison H. Dudley making application for per- imit to construct a concrete cross-over to accommodate property at 703 Carolina Avem ~Soubh Roanoke, ~0;as before Council, the Oity Manager recommending that the permit be granted. Mr. Comer moved that Council concur in ~he recommendation of the City Manager and o£fered the following Resolution: (#4770) A RESOLUTION g~ant~n;s a permit to Harrison H. Dudley to construct a concrete cross-over. ( For full text of Resolution see Ordinance Book No. 8, page 434 ). ~Xr. Co:~.er moved the adoption of the Resolution. The motion was seconded by Po~','ell, and adopted by the following vote: ;~'Z~: ssrs. Comer, Fo~rell, and the lresident, Mr. ~all--5. NAYS: None ..... 0. e, ~u~o-~.~.,~: :~ co~.nRunication from ~:. R. Robertson, making application for a per- mit to constr~ct concrete cross-over to accon,~odate p~pert~ ~ at 1909 Orange Avenue N...., was before Council, the City Lianager reco.~mnending that the per,nit be granted. ,,~r. Comer moved that Council concur in the ~ecommendation of the City Manager an~ ~offered the following Resolut ion: (#4771) A RESOLUTION granti~ a pez~nit to ~... R. Robertson to construct a concrete CI~OS S- ove]~. ( For full text of Resolution see Ordinance L~. Co~.uer moved the adoption of the Resolution. Yo~Jell, and adoi~ted by the following vote: AY'ES: Messrs. Comer, Powell, NAL~: No ne .... 0. Book No. 8, page 435). The motion was seconded by and the A'resident, Mr, .Sknall --3. CROSS-OVERS: A communication from G. E. Trout, making application for a permit to cons~ruc~ concrete cross-over to accommodate property at 511 Mount Vernon Road R. was before Council, the ,'City Manager recommending that the permit be granted. Powell moved that Council concur in the recommendation of the City i?.anager and offered the following Resolution: (#4772) A o=~.~,~.~,~,- .,~..~.-.~.: granting a pe~.~it to O. E. Trout to construct a concrete cross-over. ( For full te×~t of Resolution see Ordinance Book No. 8, page 435 ). :=r. Powell moved the adoption of the Resolution. The motion was seconded by I-ir. Comer, and adopted by the follo~'~ing vote: AYES: Messrs. Comer, i-owell, and the iresident, LLr. Small ---3. ~ NAYS: None ..... 0. ~ CROSS-OVERS: A communication from G. H. Clatterbuck, making application for a permit ~to construct concrete cross-over to accom,modate property at No. 29 Taze~ell Avenue S E., ~'~as before Council The n'eQuest is referred to the City Manager for investigi- ~ion, report and reco~m,~endation. 99 OROSS-0VE!S: A communication from C. G. Lindsey, making application for cross- over to accommodate Lot 19, Section B, Sherwood Forest, and permission to move electric light and standard at corner of Lots 19 and 4, Section B, to Lot 4, was before Council, the City Manager recommending that the permits be granted..~,!r. Powell moved that Council concur in the rec~mendation of t~ City Manager, and of- fered the following resolution: (~4773) A RESOLb~i'ION granting a permit to C. G. Lindsey to construct a concrete cross-over to accormuodate Lot 19, Section B, Sherwood Forest, and to move electric light and standard from Corner of Lots 19 and 4, Section B, to Lot 4. BE IT RESOLVED by the Council of the City of Roanoke that a permit be, and is hereby granted C. ~.t. Lindsey to construct a concrete cross-over to accommodate property knov/n as Lot 19, Section B, Sherwood Forest. BE IT FbR~THER RES0!~VED by the gouncil of the City of Roanoke that a permit be, ~..mud is hereby granted to move electric light and standard at the corner of Lots 19 !and 4, Section B, Sherwood Forest, to Lot 4. Said c~oss-over and electric light st~nd~'~.d ~o be constructed according to the Igood likiruf anf satisfaction of the umty .Manager and under specifications to be ~furnished by him. I The said C. O. Lindsey by actin~ under this resolution agrees to indemnify and save t~less the City of Roanoke from all claims for damages to persons or property by reason of the construction and maintenance of said cross-over. .~ir. Powell moved the adoption of the Resolution. The motion was seconded by Steering, Committee for Boys, and Girls, ;Jeek, Comer, and adopted by the follo,,~ing vote: ~...~: Messrs. Comer, Po¥~ell, and the-'-;'es~dent, ~,:r. ~11 --3. N~fJ: None .... 0. BOY~' .~,:~ GI~L~' ,E~,;- .~ co~ication from ~. ~.la~k Cowen, Chair~n of the ~eauestin~ use of the old telephone buildir4z for a.;.i obby Show to be held Saturday, .alrll'o ' 25th, to Tuesday, April 28th, ~'~as before Council, the City Manager recommending that pe~aission be granted wmtn ithe understanding that the same be ~'~ithout ex~_,~ense to the uity; such as, cleaning, ~ lighting, heating_, ~'~ater, etc., ~hich should be paid out of the appropriation here-.i tofore authorized. Mr. uomer moved that Council concur in the reco.w~,,endation of the City idana~er, ~]which motion v/as seconded by i.:r. }:owell and unanimously adopted. ~;ORTS 0 F 0 FE lC ZRS: l~j.lh 1~i--' I !.~'~-;,C-ER: The City Manm5er submitted report for the ~'~eek end- lng !.:arch 26, 19~6. The report is filed. ~!~CIN_:.~_~o-~ 0LICE DE.~ The ;" ~ .~,~...,.~,,_,:_,.~ity ],..ianager reported the resignation of Eugene G. Laughon, as of !darch 25, 1956, and employment of Robert L, !,ioore, age 29, as patrol chauffeur, effective as of _,~.pril l, 1936. The report is filed. ~.~ = C 0R~ 0 [~'~I uN C" ..... ~ ..... · ~'~,~o~,UXm~. The City Attorney submitted report with reference to application before the State COrporation Conu~ission of the !.iundy Van and Warehouse Coz~oration and the Red Line, Incorporated, for certificate of public convenience and necessity to operate motor vehicles. The report is filed. LICENSE: A report from the Commissioner of Bevenue advising that no license has been issued under Section ll5-,~ of the License Tax Ordinance, providing fo;, operatoz-s; of public markets, was before Council. The question is referred to the City l~anager ~ith instructior~ to force collec- tion of the license by i.,-mned&ately sm~m~onsing the ope2ator before the courts, notifying 100 the City Attorney of the action ~akem with a view of protecting the City's interests in the case, sending copy of the su~muons to .'.Lir. C. E. Hunter and ask that he coopera' With the City Attorney in p~otecting the City's interests. ALU~HOUSE: Report for operation of the Almshouse for the month ~as before Council. The report is filed. REPORTS OF of March, lg36, e later dote. TR~-YFFIC CO:,2.'ITTEZ: The City l,:ana-ger reported that the Traffic Committee,s ready for submission, with the exception of indexing, and that a final re!-~ort repor~ would be submitted some tine during the pz~sent month. Brown, Local ~..ana~er of the orks Progress Administration, together ¥;ith C. L. Watkins, City Engineer, a!:,peared before Council requesting additional funds for continuing %'FA ¥,ork at the l.lunicit, al Airport after !day 1st. The question ¥~as discussed st leagth, it finally bei~ suggested that the .matter carried over until the next re,gular ~.:eeting of Council, and that the r,~ ,,~-~ Manager and the City r~gineer revie%', available ',',~A ?_ojects with a vie~,' of absorbing excess tmemployed nov: working at the Aid_mort. CITY ~ ........... ""~ ~' ~R.~.~.o~_~R: ..~. ~. R. Kennett, City Treasurer, appeared before Council and submitted rel. ort showing .,.~20,711.55 collected for the month of .klatch, 1956, for levies including the year 19~5, as com~3ared ~ith ~34,057.88 for the same. period lastl ' year, and ~515,019.88 for first cuarterly collections o-F 1956 taxes The recort is fi I ed o ~,~=o-.,,.:~_,.~;:=.., .,C.=D: The connnittee appointed to negotiate for property necessary for right-of-way to construct bridge on Franklin Road over the Virginia _~_ilray tracks reDorted that agreement had been reached with oYmers of Parcels and !:o. 2; ~:nereupon, ir. Comer offered the foilo¥,ing Resolution: (F4774) A R~,~6LUt:I~'~ _ ~-' ~,~,, authorizin~ the ourchase by the City of Roanoke of certain · pazmels of land for the construction of a bridge over the grade crossing of the Virginian 2a il¥:ay ~ T .~omuany on Franklin Road. For full text of Resolution see Ordinance Book~,o.~T 8, Page 456 ). Comer moved the ado~_,tion of the hesolutiam. The motion was seconded by 2..,~.r. Powell, and adopted by the following vote: &YES: Idessrs. Comer, Powell, and the President, Mr. Small --3. , :.,s:,_~. ~. ~', ~r~ · None .... - 0. : --=,,~ ,,.._~::~o ~..._~ .... ~.~_~.~. z.~_a~o: The question of releasing delinquent Real ;Estate Taxes on Lots ~ and 6, Section 8, Oak Ridge, in the nme of Dore ?Sarkham, L :having l~reviously been before Council, was again b~fore the body, Mr. Powell offerin~ the following Resolutiom: (F477~ A RE$ OLL~rI ON directing_ the City Attorney to draw Court Order to release delinquent Real Estate Taxes on Lots 5 and 6, Section 8, Oak Ridge, in t.hename of :,Dora !,~arkham, for the year 1925, recorded as delinquent in thc office of the Clerk the Courts. [ DR~Go. The committee appointed to confer with the Roanoke County Retail Drug ~lssociation advised ttm t due to illness of m~rs of the co~ttee, the final repot r ~as~ not ready for submission to Counc~. . ~. The co~ittee appointed to investi[~te and report on future pmcedur Tot hand~ 5~mur~ee on C~y ~roper~7 adv~ed Council re~.'or~ ~ould be submerged ( For full text of Resolution see Ordinance Book No. 8, page 437 ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by Comer, and adopted by the following, vote: AYES: ldessrs. Comer, Powe11, and the i-resident, Mr. Small ---3. NAYS: None ..... 0. S'2ATE HIGHWAYS ~:ITHIN CITY LILiITS: Request for agreement between the City of Roanoke and the ¥irginia Department of Highways, in connection with application for Federal Funds to construct a Municipal Highway in the City of Roanoke, was before Council, [Lr. Powell offering the following Hesolution: ($4776) A RESOLUTIOII approving Project 1027-M3 U. S. Route No. 24, Melrose Avenue, N. ~'j., Station -2~15.9'- to 25+50 for the improvement of a high~,~ay in the City of Roanoke, and authorizing the City :,ianager to execute an agreement in con- nection tl~erewit h. ( For full text of Resolution see Ordinance Seek No. 8, page 437 ). Mr. Po~ell moved tt~e adoption of the Resolution. The motion was seconded by Comer, and adopted by the following vote: l'owell and the lresident, :..Lt. Small ---O AYES: ~essrs. ~omer, , . NAYS: None ..... O. ELECTRICAL INSYECTCR: Request for transfer of funds appropriated for oy~ration of the Electrical Inspection Department, having previously been before Council, was '-again before the body, i.~r. Comer offering the-following emergency Ordinance: (#4777~ .~ ORDi'~''~'~ "Electrical Inspection", ;~...~,~ to emend and reenact Section #44, of an ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th day of June, 1935, No. 4547, and entitled, "f~n. Ordinance makir~:.~ a-opropriations_ for the fiscal year begirming July 1, 1935, and ending June 30, 1936." ( For full text of Ord~inance see Ordinance Book No. 8, page M~r. Comer moved the adoption of the Ordinance. i~ov~ell, and adopted by the following vote: AYES: Liessrs. Comer, Powell, and the lresident, I~r. 29nall ---3. The motion was seconded by NAYS: None ...... O. CITY J~&IL: Request for transfer of funds appropriated for operation of the City. Jail, having previously been before Council, was again before the body, LLr. Comer offering the followin~ emergency Ordinance: (#4~78) AN ORDINANCE to ~nend and reenact Section ~64, "City Jail", of an Ordinance adopted by the Council of the City of Roanoke, ¥irginia, on ~he 28th, day of June, 1935, No 4547, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1935, and ending June ~0, 1936." ( For full text of Ordinance see Ordinance Book No. 8, page 438). .Mr. Comer moved th~ adoption of the Ordinance. The motion was seconded by !,:r. Yowell and adopted by the following vote: AYES: Messrs. Comer, Powell, and the President, N~ Zc: None .... 0. Mr. Sn~nll --O. ALLEY CLOSING: Ord_~.nance No. 4765, authorizing the vacating and closi~ of an alley in Block lJ of the Runnyme_.de Corporation, as requested by U. H. Horton, ,vas again before Council, L~. Comer offering the following for its second reading: (#4765) AN ORDINANCE vacating and closing an alley between Lots 2 to 13 inclusive, and lots 15 to 26 inclusive, of Block 13, as shown on the map of the Runnymede Corporation, inc., in 'the City of Roanoke, Virginia. ( For full text of Ordinance see Ordinance Book No. 8, page ~2). 101. 102 Mr. comer moved the adoption of the Resolution. The motion was seconded by mr. Powell, and adopted by the following vote: AYES: Messrs. Comer, lowell, and the ~resident, Mr. Small --3. NAYS: None-L---0. FUBLIC WELFARE: Ordinance No. 4767, having previously been before Council, read and laid over, was again before the body, Mr. Cozmr offering the follovting for its second readin~: (~4767) AN O:.D~k.,~CE'~ · ~"'~' to create a Department of lublic ',e]fare for the City of Raanoke and to define the scope of its duties, to provide for the appointment of a ~Director for said' Department and prescribe his duties and responsibilities, to provi for the necessar~y personnel in said Depa~t;ment, and for the appointment of an Ad- vi sory Board. ( For full text of Ordinance see Ordinance Book i.!o. 8, page 432). Mr. Comer moved the adoption of the Resolution. Powell, and adopted by the followir~:~ vote: The motion was seconded by LLr. AYF$' Messrs. Comer, lowell, and the tresident, iLr. Small --3. NAYS: None ---0. In this connection, the }resident, ~Cr. Snmll, stated that at the next regular 'i'~' he exrected to submit names of members of neetiru~ of Council on Friday, _~..~1 lOth, _ the Advisory Comn~ittee for Council's ratification, in order that the Committee might begin to function promptly MOTIONS --'~D i,:ISCELLJ~IEOUS BUSINESS: · ~_.-~ ~.~[D GL~TER: At the suggestion of the President, t.:.M. ~--'mall, the City Manager is directed to insert advertisement in the local newspapers asking for t~ayment of curb and gutter assessments no~'J being constructed by partial payments with ,,]?A funds, BONDS '~.iPLOYEES; The City Clerk submitted report with reference to bonds for l City employees, advising that as a result of conference with the City M. anager and th City Auditor the names of :_~. E. Almond, assistant Clerk of the !:~.':arkets, J. F. Dougla~I [e Clerk of the :.iarkets, and .,. i,'. iCrebs, Electrical Inspector, Oe included in the blanket bond, and that bond for R. B. Moss, Clerk to the City Manager, be raised fro~ t $3,000.00 to .j4,O00.O0; tb~t bond for Harry R. Yates, ~uditor, be reduced from $2,000.00 to ~l,O00.O0; also bond for L. D. James, City Clerk, be reduced to $1,000.~0, if, in the opinion of Council, it seemed advisable. On motion of Mr. Comer, seconde~ by iJr. I:owell, the report and recommendation is concurred in, and it is ordered that the bond of the City Clerk remain at ~2,000 ~' . .,~ as heretofore written ~. ZOi~NG: The question of controversy of issuing permit for constructing a filling station in Beverly Court Addition, as requested by Charles L. Gollehon, was before Council, the City Clerk bein~ directed to notify ~f~r. Oollehon to appear before the Board of Zoning .Appeals on Tuesday, April 7th, at 2:00 o'clock p. m., with the advice that the permit would be granted. ~ R~L '~-~'~'~-~.o_.~-~. The City Manager made a report on a request of H. C. Huffman that lots fronting on Montrose Avenue, S. E., be re-surveyed in order that he might have benefit of fifty foot lot, as called for in his deed, it being the opinion of the City Manager to comply with the request would be establishing a aangerous precedent 't in vie"~ of the fact that there are similar conditions existing in the Cz y. ~ The City !~anager is directed to have the City Engineer make sketch of the proper1 in question for use of the City Attorney in making reply to i, ir. Hufiknan, and that copy of the City Attorney's communication be for~,ar~.d to the City Clerk for purpose or record. Y ~&ISCELLA2~EOUS: A communication from Eva Catherine Morgan, Vinton, Virginia, registering protest against question of licensing house to house canvassers, was before Council. The communication is filed. ROANOKE WATER WO.qKS CC~PA~Y: The President, },~r, Small, reported to Council that negotiations with Burns amd !,~cDonell Engineers for employment to assist counsel in opposing rate increase of the Roanoke Uater Norks Company, and to establish a true valuation of the property had been consumated, subject to the approval of a full committee which would meet early during the coming v~eek, after which a Special ~eeting of Council would be called for approval of the matter. There being no further business, on motion of ,'..~r. Powell, Council adjourned. APPROVED ATT EST: 103 104 COUNCIL, REGUI~R MEETING, Friday, Apr il 10, 19 56. The Council of the City of Roanoke met in regular meeting in the Circuit Court!f~ Room in the L'_unicipal Building, Friday, April 10, 1936, at 3:00 o'clock p. m., the recular meeting hour. PRE3~T: !dessrs. Bear, Comer, Po~Tell, and the President, ?,~r. Small ---4. J~BSZi~T: L~r. Wi~m ........ 1. The iresident, ilr. S~Rll, presiding. 0 Fi,~I,~ ~Ro City i.lanager. z_-~...o_.,.: l,Lr. ,,. P. Hunter, . ! ~']7.~T£J:. .... It a~''~--'~.~.~.,.,~ that a copy of tl'..e minutes of the previous meeting lmv- been furnished ~ach member of Cotmcil, ui~.on motion of ilr. Powell, seconded by Bear, the '-','e=~zr<~'~-" - is dislensed ~;ith,. a:~l t:~e'~ ~inutes' aloproved as recorded. petition from property owners on Virginia Avenue, Virginia Heights, askin,.~ tint the 400 block be changed from ResLlence to Business Dist~-ict, was before ~ouncil'' ~ and discussed, ~.~-'"'. Comer movi.~_' that the petition be received and laid over for fi:mi action at a later date, after _members of 3ouncil have had an opportunity of pcrsonnlly viewing the prol~el-ty in %uestion. The motion ~':as seconded by i'owe!i, '-~ud unanimousl~,~, adooted._ report from the Board of /,on,nc- .,fpeals, with reference to request o= L. ~.., T!:ornsbury to c: " ~' amuse Lots 13 and 14, Block 2, Roanoke Ghent Realty IfaD, ..... " Hezunvs, from Jpecial Residence to Business Distric$, at 326 Virginia _-.venue, Vi~ %;as before Council, t,-.e Board reco~n:.~.endin~ t_hat the request be den~ed, and l~rther .~.~.. .~ounczl hold a !:ublic Hea~-ing, giving the prooerty o~vners in the vic/~ity an opportunity of expressing themselves on the desirability of making the c,,~,.a~,~'~"~ further recommending that the _~ropertI owners in t.::e above ,~. entioned... area be sent u'ritten notices of thc Public Hearing. On motion of ~,,z" '. Bear, seconded by :,Lt. Comer, the cit~. Clerk is directed to advertise for iub!ic Hearind at 3:00 o'clock p. m., on April 1936, and that the advertisement for hearing also include the area included in the petition pre- sented by p,_o~erty or:nets in the 400 block, on the North side of Virginia Avenue. R_-.FU~.~o .~.,D : .'.,.ir. !..[. J. Scruggs, _,_o~.._~ Delinquent Tax Collector, appeared before Council, wi'~h reference to delinquent taxes in the name of C. %'. Bramer, for! the year 1928, amoun'tin~ to ~oo.26, covering Lot 25, Section 29, Belmont, ocz~ooo advisi~ hi~ investigatic~u revealed that Llr. Bramer f~rwarded check from his home in Radford for pasm'.~nt of the taxes, and that tax ticket in the name of Cordelia Suson ',','est ',','as marked "paid" on the 5th day of December, 1928, and the Bramer tax ticket returned delin~ent, that in order to clear the taxes on the propert~;~ in question '.'.~. Brmmer ~'as now ~'rillingT to pay the taxes and 'penalties, ~ ' .~ ~' $55.26, 'an.ountz.~._.o to if assured the ~mount wo-ld be refunded. ".~k'. Scrubs was instructed to accept the payment and bring Resolution to Council authorizing the refund. CROSS-0V~-~RS: A communication from Clover Creamery making application for permit · ~to construct cross-over to accommodate property at 120 Tazewell ,Avenue, S. E., ! ~as before Counc il, the City Liamger recGnnending that the permit be granted. !.ir. Bear moved that Council concur in the rec__~n~endation of the City Manager, and offer, ed the following Resolution: (~4779 A R?~SOLUTION granting a permit to Clovery Creamery Company to con- struct a concrete cross-over to acco~_odate property at 120 Tazewell Avenue S.E. ( For full text of Resolution see Ordinance Book ~_Jo. 8, page 459 .). Mx'. Bear moved the adoption of tl~ Resolution. The motion vlas seconded by Comer, and adopted by the following vote: ,iY~: i.~essrs Dear, C0mor, I~o~'~cll, and the ~ ~ · ~ reside~, ~.~. ~11--4. NDYfS: None ....... 0. ( ~'. ~;inn absent b~ITED STJ~TE~ C01{F~REHCE OF 4blYORS: A communication frem the United States Conference of !,:ayors, addressed to the City M~mcer, ~ith reference to annual dues slaounting to $75.00, uas before Council. The Cit: l:.an~gor is directed to ~ckno'~-~l~' _ " ~ge recei:~t of the co;mubuuic~t ion and advise that the City of Roanoke op~'ates its Budget on a fiscal yBar basis from July 1st to June ~th, and that this question ~'?zll be considered in 'tl~ pregaration of the next Budget beginni~u July l, 1936. ~'~:.'~'~ B0,hRD: ~ communication frGu the Roanoke Re~'~ Estate Board, advis- ing of the ado-ption of Resolution requesting City Co~cil to set in motion proper mchinery looki~ forvmrd to a ne~;' Uase~ Bridge at its earliest convenience, befo~-e Council. The c~unication is ~led. co~mu~ca~ion from the Salvation A~y as l~nc for supple~nta~.. al:pzop:'iation to assist in carim] for transients, t'~as ~fore Council au~t discussed. The City Cie ~ t · r~ is direc ed to ackmo~';ledge receipt of the co~.un~cation mud advise that s~_~e ~'ms before Council and discussed, and that s~ue will be subject to further discussion after fo~ation of the Public %'e!fare De~r~uent. The City L~an~ger is directed to -personally convey to Adjutant Laity Couneil,s policy in dealing with transients. ~...,~on: ~ ¢~mu~nication frc~ ," ~. ~. Brov~n and Company, Certified Public Lccountants, registering complaint ~'~th reference to method of checking licenses by the Police Department, ~;as before Council. The City Clerk is directed to acknov~ledge receipt of the communication and to extend to [~r. Brown an invitation to appear before Council at its next meetin~ for discussion of the Question, with a vie'¢~ of ascertaining if the conditions corn- ~lained of can and should be remedied. ~-,.~w~_,,u~Oo-- iJ'.~ REBATE A communication from the City Treasurer requesting refund ,oi ,~_ ~10.00 coveriDg., over'os,~ent_ .. of discount by i2artha L. Goodr~in Estate on property described as a=st Side Nelson Street, South Highland Avenue, vms before Council. The request appearing to be valid, Lit. Bear offered the following Resolution: (~4780) k RE$0Lb~210~.~ to refund Liartha L. Goodwin Estate ~10.00 covering over- ~a~ent of discount for 1936 Real ~state Tax. ~:r. Po~ell, and adopted by the following vote: ( For full text of Resolution see Ordinance Book Ho. 8, page ~o~. Bear moved the adoption of the Resolution. The motion was 439 ). seconded by AY'ES: Messrs. Bear, Comer, 3owell, and the President, i~.ir. S~a]l --4. NAYS: None ...... 0. STAT.,, CORPO~h~.TIOI'.~ COI~,~,Sr$£ION: CoDies of applications for certificate of public convenience and necessity before the State Corporation Comn~.'ssion, by the L~undy Van and Warohouse Co:r~oration and the Johnson i~.otor Lines, was before Council. t 105 106 Iof The applications are filed. ZO~fING: A co~euntcation from the Board of Zoning Appeals, together with copy Order in connection with the appeal of Charles L. Gollehon, was before Council. The communication is filed. REPORTS OF OFFICERS: RETORT OF Tn~ CITV I~d~,'.R. The City Manager submitted report of work accom- ipllshed and expenditures for the week ending April 2, 1936. The report is filed. CROSS-OVER: The City Uanager submitted report and recemmended that permit for [cross-over, as a_~wplied for by G. H. Clatterbuck, to acconnxodate Dropert;y at gO ',1 be grm~ted. Tazewell Avenue, 6. ~., IL'. t'o~;ell moved that Council concur in the recommendation of the City Manage~ and offered the foiler:ins Resolution: (#4781) :, n~.,_~-,.,.~.,.~, grantt~9 a permit to G. H. Clatterbuck to construct a concrete cross-over. ( For full text of Resolution see Ordinance Book Bo. 8, imge 440 ~). !£r. i'owel! noved the adoption of tho Hosolution. The motion ~';as seconded by 'I ~ "-.,-~ ~-,.~ adoDtcd by tho follo~;i~s vote: · ~.-'o o,:e iresident, Lir. Small ,,~o: :.lossrs. Dear, Comer, l:owell, and ~ i~I,,UfS: i~ono ...... 0. The ,~uestion_ of transferring !f. erchant's L~cense issued to the Koanoke Conoco cervice Station operated by Carl B. sink at 400 Dale Avenue, ~. j. .. z,=~v~ ous the .: , to . ,~. Bash~m, '." ' ly before .~ou.ncil, was a~ain before ~he body, Citl i:anacer.roc~.mending that the license be transferred. I.~~. Comer moved tD=t Council concur in tl~e reco~uendat ion of the City and offered the follou'L~S Resolution: authorizing transfer of Merchant's License from Carl B. Sink to ... E. Bashmm. ( For full text of P, esolution see 6rdh~ance Book l.:o. 8, page 440). . ~ ~ th adoption of the Hesoiution Tt~e motion was seconded 1~' Come r ...ovea e · by ':r. Bear, and adoz, ted by the follo~',ing vote: · ~: .... :'ess~s. Bear, Comer, i, owell, and the ?resident, NAYS: None - 0. ~:~ ,~ ..~.,~.~x o: ( See Roanoke ;~ater Worl~ under Miscellan~ Business) LE=GUE OF VIRGIYi~. L.~,.[ICIP~,LIT!ES: An invoice from the League of Virginia Liunicipalities, amounti~s to ~1,050.00 covering annual dues for meabership, was before Council. This .matter b~ving p'~.eviously been before Council on tu'o other occasiopz, the invoice is filed. ~NTRODb~I~..., -'-~ COnSIDERaTiON OF 0RDIIL'~,~CES id~'D RESOL~I0!{S: PX~.iS Y2,~D PLAYGROL~DS: The q[uestion of granting ~err~ission to Robert H. Hale to use ~';ater from spring in Uashington Park for s~i~ming pool, ;'~as before Council, ;_Jr. Bear offering the following Ordinance for its first reading: (~4783] Pi.~ ORD~i,~uE granting perr.,..ission to Robert H. Hale to use water ..from t,he City SD.ring for asn, i:,uuing pool, and pre sc ri b inE the terms and conditions thereof, and aut korizir~ the Mayor and City Clerk to execute a contract on behalf of the City in regard thereto. ".,H~.,R~2~:" "~', ~obert .',{. H~le ~roposes to coastmct~ o~erate and nmtntain a s~im- mtng pool and necessary buildings and appurtenances on certain lands owned by him in the City of Roanoke, State of Virginia, knovln as Lots 19~ 20, 21, and 23, as st~wn on the map of the Clyde Land Company, recorded in the Clerk's Office of the Husting,s Court of the City of Roanoke; and ".H~RE~"' ~':'~", the said Robert H. Hale desires permission of the Council to use so much of the ~';ater from the spring in Vas.hington Park as may not be required by the City for its uses end purposes, ~'~hich said park is o~m.ed by the City of Roanoke, and in consideration of the grantir~g of said permission the said Robert II. Hale proposes and a~rees ttmt, in case the City of Roanoke should.at any future time determine to straighten and v, iden Lynchburg Avenue through the prOPerty aforesaid o~ned by the said Robert H. Hale, as sho~n on map dated July 29, 19~1, kno~rn as Lynchbur_,,' Avenue between Jefferson Street and the City ~uarry Road, made by C. L. ',,atkLns, Engineer, and on file in the City ~gineer's office, he (Robert Ii. Hale) ',~ill dedicate and convey by sufficient deed good title to ~e City of Roanot2 for street or road purposes so much of the property o~ned by the said Robert H. Hale as i~ ..embraced ~Lu th~ strip or parcel of land sho~'Jn on the map aforesaid ~"or road or street purposes upon the _v~la-:~.ent by thc City to him of an am..ount representing the original cost of said strip or portion of land and the value of the improve- nents located on the said strip o'~' parcel of land needed by the City. BF. IT, , 1 .,, lti.~m~t? ..... ~,-,~,'~ 02DA!!.~ED by the Council of the City. of Roanoke that the ' offer an,-1 !.~roz, osal of' the said Robert H. tiale above set forth be, and the smme is he~"eby accepted, a~..i:roved and confi~:.~.ed by Council. B'~ i'f -"'~" "~ ~ ~o.,_,n.~ ORDAINED by the Council of the ~ity of Roanoke that the i[ayor I and City Clerk be, and they are he?"eby authorized to execute a contract embodying t and carrying out the terms, conditions and stipulations here~.nbefore set forth. The ordinance is laid over. AI_.RP0ilT: £. B. Brozm, Roanoke Idmuager of 'the Uorks Progress A~Lministration, together ~..~ith C. L. Watkins, City ~3ineer, again appeared bsfore .Council r~ith reference to additional funds for continuing ~,fPA ~ork at th~ · '-' . iBro,,'a~ stating to Council that study end consideration had been given to projects vJith a viexJ of absorbing ~'ork~...en rieL.' employed at the Airport %';ithout success. ~h~ question it developed that ~11,000.00 had been Durir~s a discussion of * ~- earmarked in Richmond for t:~zs i~roject, and in order to benefit from t~ese funds it ~ould be necessary for the City of Roanoke to appropriate $2,515.00. The City Malinger reco~m~ended that Council appropriate .~2,515.00, in order that the rum';ay of 200 feet in length ar~t 100 feet ~ide m~ght be c~npleted, and that no further appropriation be made for-~rk at the .'~irport at this time; ~'~hereupon, Mr. Bear offered the relieving Resolution: (#4984) A RESOLUTION authorizing e~oenditure of $2,515.00 at the Roanoke Municipal :~i~m crt. ( For full text of Resolution see Ordinance Book iio. 8, Page 441). ~-. Bear moved the adoption of the Resolution. The motion was seconded by Comer, and adopted by the follo~irE vote: AYe: Liessrs. Bear, Comer, and l:'omell .... NAYS: The President, L-~. Snmll --1. 107 108 PUBLIC WELFARE DI',~:AR~,I~T: The President, Mr. Small, brought to t~ attention of Council thc ~_uestion of a_~'.pointing an Advisory Board as Irovided for 'in ordir~nce INo. 4767, adopted on the 3rd day of April, 1936, l;roviding for th~ creation of a Department of Public Welfare, and submitted the following names as n~mberm of the iBoard, to hold office until Septmnber l, 1936: Dr. H. I1. Trout, ;,~r. J. P. Fishburn, Joseph Forman, and' furt ~r recom~a.ded of three colored citizens to act in a :,,,r~' . Ii. ::." Burnett, 1,',r. C. F. Keeley, and 'Mrs. ;.to Council the appointment of a sub-connnittee consulting capacity for the Board, in the interest of t.h~ colored citizens, and ° subLmitted the follo~ing names for approval of Council: Reverend A. L. ~ames, Dr. J~. C. Downing and L'.rs. Claudine Brooks. Idr. l'owell moved that Council approve the five nmmes submitted by .the ~residen~ as .'..'.embers of the _:~dvisory Board of the t:ublic ',,elfare Department. The notion was seconded by i'.r. Bear, and unanimously adopted. ~r. Yov;ell moved that Council a_~p~ove the three names of colored citizens submitted by th~ Iresident for membership on the sub-conn:~ittee. The motion was seconded by U.r. Bear, ~d unanimously adopted. ~.. ' ......... ~'-~'?~'~-~' Igr Bear brought to tl~ attention of Council the question of un?aid Gewer Assessments agai'nst Lots in the Runny~ede SeCtion, adjacent to alloy rec~~+-~ closed at the request o~ .... ~-,, - ,.o I{. ~iortcn fGr the purpose .of yermittin~[; construction of the hk'oger ,,arehouse, and extension of'th6 stock yards, and moved +}'~..~ 'the ~itl? Clerk be requested to notify i.ir. Herren that Council exi:ects :m~auent of .._ssessments for sewer accommodating the properties referred to. The motion ','..'as seconded by ~'.~'. Per, ell, and unanLmously adopted. VIRGI~[I;, o~,:T~ ll,.:PLOlq~.'.~.[T SERVICE: The President, ~.h~. $.~mll, brought to the attention of Council tho subject of the Virgi:~ia State h.~m-01oyment Service in Roanoke! ~orserated at the ;3resent time by the Department of Labor of Vir5inia, ¥~ith an ap- propriation by the City of .~om~.oke of .~2,400.00 per annum, statinc that his in- vestigation b~.d develoved tb~,-~ ~ ~.~ Roanoke and :Llexandria are the only t~,'o cities in Virginia, excepting Ric!~.~ond, u'hich function under the State control and receive contributions from the Liunicipalities, it beind~ his understanding that the Federal Govez~ment will establish and maintain a re~nplo~uent oITice in any City vJhere an actual n~d exists; also effective July l, 1936, the ;=~.ployment Service r~ill beco~ subject to Federal Civil Service repletions, thus practically elimineting amy voice on the :_~art of the :~ ~' ;...un~cipa!ities, and moved that the City Clerk be directed to notify thc Vircinia Stabe ~.mployment Service that the City of Roanoke will dis- continue its appropriation as of June 50, 1936. :~ The motion was seconded by Z~. Powell, sad unanff~nously adopted. BUDGET-D~!N '~v?~..~_~,z T~'~i~ ~:~'~' ~ :~"~-~'~' ~'~n.-:,:~',z: The City Idanager presented request from the Delinquent Tax Collector for transfer of. 050.00 frem "Salary Accaunt' to "Stationery .=ccount', in his Budget for fiscal year endinc June 30, 1936, it b~in~ e~.::lained_ that his Stationery =ccount is no%'~ overdra%m ,~1 ~ .27, the City !danager re- connnending that the trmusfer be made. I,f_r. Bear moved that Council concur in the ,. reco~.mmendat ion of the City i£anager a~E1 offered the follo~.:in~ emergency Ordinance: : (-~4785) ~ u:,Dlh~_~,C.~, to ~end ~d reenact ~tion F9, "Delinque~ Tax Department?, :'or an ordin~ce adopted b~ the Council.of the City of '~ ' [ ', - " Ro~o~e, Vk'r%nia,. on the ,'28~h day of J~e, 1935, No. 4547, a~ entitled, "~ Ordnance ~ing approp~ations :~I. [for the fisc~ year begi~i~ July l, lO~, snd ending Sune ~0, 19~8" and Ord~mnce~} ~i'io. 4673, adowted by the Council of the City of Ro~oke on the 20th day of November, :1955. . ( For full text of Ordinance see Ordinance Book No. 8, page 441:_). ~'. Bear moved .the adoption of the Ord..ante. The motion was seconded by I:ir. Comer, and adopted by the following .vote: f~£~: L:essrs. Bear, Comer, J-dwell, and the President, Mr. Small ---4. NAYS: None ...... 0. STRENi" L°IDE~GN,G: The City Manager brought to the attention of Council the Question of right-of-way for widening of Grandin Road near 0tterview Avenue under ~PA Project, advisin~ that funds had been aL~propriated ~nd contract let by the Highway Department, but that same was being held up for necessary right-of-way. After a discussion of the question it .... , ~,~ the s~t~t of Co~cil unless property owners involved agreed to contribute thc n~ossary right-of-way, f~ds would be tram:fcrrcd to the C~pbell Avenue p~jcct, t~ l-reside:Bt and Council~n Bear bolas desig~ted to confer :,Bt:: the t~'Jo ~. :o':,erty owners :'Jho had failed to ~contribut e t he · right-or-d'Jay. ~.~N~: The City ~anager re'~orted that '0~ogress had baen ~de on t~ 'Zion'of ~::~ding the Duildi~ Code to ::~mit the Blue '~' ::~ge Overa~ Company to ~xpand their Dresent buildi~; w~reu:~on, he was directed to bring to Council a p:oposed C:z'di:~ance to ~end the Building Code for co~ideration at its neB-Bt meeti~ ~q~. The Cit~, :..:cringer re'r. or'ted_ that a request +~ the ~R~': ' for .'~18,000.00 to j l~ro~'%de for ~mployable un~ployed for period from ~i~ril l, 1936 to july l, 1936, j'had been executed a._:.~ :or,':arded to Riclt~nd. n;"~l'l~ ':-~"-"~ ~".'~"n~Fv~."~'- ~'!~ ~ ty ,~loz~ :oi .... ~ due by Cig'.' and ~cnool' ' =..z.!oy-~ · ~:,es~ as of '~'~1 10, i936. i -~,~.-~ The fei:errs are carried ~over for further co~ideration of' Council at its nex~ reg~ar meeting. .,a~R ~,0,~ ~0~,~,,~, The coammi~ee a~ointed__ to negotiate ~d secure a ~ec~ical ~d emgineeri~ fi~_ to assist Legal Counsel in opi;9sing application of ~he Roca~oke '..ater Lo~s Company for increase in rates before the 3tare C~pora- ,rich Co~-~ssion, and to establish a true valuation of the Ua~er ~'ior~ property, submitted the followi~zg feZ. oz.%, to~her with trov~sal a~ contract fr~t ~twns ,'Clerk). .and :.icDonne].l Er~zineerir~g Company which :',"as read ( See copy in office of thc; City "Your ConL~ittee appointed to c onsider and reco~end the retention of ex:3ert Engineering f~ssistance to establish a true and actual value of the Roanoke 'Jater 'Jerks Comlo~:y's plant supplyin:g water for the City of Roanoke, in conjunc- tion with Special Legal Cou:~sel deal'ing '::ith legal phases of the matter, has carefully invest' ~- ' · g~ted ann considered several Engineering firms especially %ualified for this i. a rticular fie ld. It is our conclusion, after thoroughly considering the matter, that the proposal of Burns and i[cDonmell, Engineers of Kansas City, L~o., to l::erfo~uu the engineer~_ng, valuation and ap!oraisal service ~:~ other supplemautary %~ork necessary thereto is to tho best interest of the City of Roanoke and we recmmuend that this proposal as attached hereto be accepted and an ~greement entered into bet~:~een the City and this firm for this ~.'~'ork. This c Gnm~ttee desires to emphasize the fact that this proposal does not cover the entire cost of the wc~k, and engineering and statistical services that will uliimately be requested will entail an e:~ense to the City of Roanoke to defend this rate increase application, exclusive of Legal Counsel and other proceedings which may arise therefrom, may probably exceed $20,000.00. Res? ectfully submitted: ( Signed ) Jas. A. Bear, S. F. Small, " ~ H~mter ,, · ",k' ~mall, revie~'~ed briefly investigation-of the firm of Burns The Yresi dent, . 109 '110 and McDonnell, as well as erbar engineering concerns, stating that it was his iopinlono£ron the invostijation and the infon~Lation obtained by the Committee, ~the interest of the City of Roanoke. would be fully protected by retaining the Services of this engineering.~ eoncern. Cn motion of Mr. ~owell, seconded by Mr. Comer, the repoI% of the Committee 'is adopted. The City Clerk is directed to confer ~:,ith the City ,'~ttorney in drafting ~proper Resolution authorizing execution of t!o contract and agre~uent for considera- tion of ~ouncil at its next re,~ular meeting. SLOT L2.J~;I~: The ~.~resident, L.r.S.~all, brou~ht to tho attention of the City :L-ann~jer complaint that four slot or pin ball machines ordered returned to the owner by thc Co~u't, could not be located. '~ i.:anager ~s directed to in- The C i t ~, _ vest ~'.:jato the :.mt tar. FR,'Z2,.LIii ROf,-D BRIDGE: ,~'nu City l.",ana~er r~+ed~,.._~ awardi,ts of contract for construction of the Fra:t~].in, ].0 = ~ ,~ ~ ~ Z ~~' ' ' ~' , ~a~e and brought to the attention of Council thc .ruost "-'~ ' _ i~., of h~asement for sewer anc~ water ~ii~e. right-of-'.'ay in the_~rosent location o£ Fra~fi-lin 2cad, ~:hich street will revert to the Virginian Railway Cou. v~n~ after san.e is abandoned concurrently ',';';th the com'01etion of the ne',': bridge City's rights '~n the :luestion. ROVED President C 0D~IC I L Friday, REGULAR MEETING, April 17, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal regular meeting hour. Building, Friday, April 17, 1936, at 3:00 o'clock p. m., the PRES~: Messrs. Bear, Comer, Po~ell, and the President, Mr. Small .... 4. ABSOFT: Mr. Winn ..... 1. The I-'resident, ~L~. Sma 11, pres~ ding. OFFICERS PRES~T: I~r. ~. P. Hunter, City Manager. I;LINUTES: It appearing that a copy of the ~ztnutes of the previous meeting having been furnished each member of Council, upon mot iGa of L~r. Beer, seconded by Powell, the reading is dispensed with, and the n~tnutes approved as recorded. HEA~NG OF CITIZENS UPON I~BLIC ~&~T~F~S: None. PETITIONS ~'d~D C ~.~JNICATIONS: t' ' PAPJ~S ~D PLAYGi~UNDS: A petition signed by nineteen voters on Salon Avenue, ibetween l?th and 18th Streets, asking that Lot ?gg Salem ~venue, fronting on West Avenue, no~ tonged to negroes for cultivation purposes, be acquired by the City for park purposes, was before Counc il. After a discussion of the question, the petition is referred to City Manager Hunter and ~,~r. Comer for such recommendation to Council as they deem advisable. CROSS-OVERS: A communication from Helen Cramer making application for a permit to construct cross-over to accommodate l~operty at 1408 Kenwood Boulevard, S. E., cross-over. v~as before Council, the City Manager recommending that the permit be granted. Bear moved that Council concu~ in the reeommendatic~ of the City M~mger and offered the follow,lng Resolution: (#4?86) A RESOLUTION granting a p e~nLit to Helen Cramer to construct a concrete ( For full text of Resolution see Ordir~nce Book No. 8, page 443 ). M~. Bear moved the adoption of the Resolution. The motion was seconded by 'Mr. Powell, and adopted by the following vote: AI~ES: Messrs. Bear, Comer, ~owell, and the President, ldr. Small ---4. NAYS: None ....... 0. RF~ ESTATE-P0~,~CE ~ROTECTION: A communicati~ from Frank ~. Cooper, Receiver for the Central Manufacturing Company, asking that the appropriatica for three Special Police Officers to watch vacant real estate be supplemented, was before Council and discussed, it being the consensus of opinion that one of the Special Officers be transferred ~o the regular ~olice force to fill vacancy now existing, and that appropriation be made to continue t'~o officers until June 1, 1936. The City Clerk is directed to acknowledge receipt of the commtmication and to advise Mr. Cooper that Council will continue the employment of Special Officers to watch vacant property for an umderterm~ned period, and to bring bef°re Council at its nex~ ~eting Resolution authorizing the appropriation. The City Manager is !iauthortzed to transfer one officer to the regular police force, effective as of April 24th. 111 112 VIRGINIA STATE I~PL0~~ SERVIOE: A ccennunicatio~ from the ¥irginia State Employment Service, acknowledging receipt of communication and advice that Council will discontinue its appropriation for employment service in the City of Roanoke as June 50, 1936, was before Council. VIRGINIA STATE EHPLOYMENT SERVICE: The cmmnunication is filed. A petition with twenty-two names signed, recommending T. E. Mason as Manager of the Virginia State Employment Service, was before Council. Council having previously gone on record as discontinuing the 'appropriation for the service as of June 30th. The communication is filed. INVITATION-THE ~ .~Z[AN'S D~0CRATIC CLUB: A communication fr~n Mrs. Horace E. Mayhew, Recording Secretary of the Woman's Democratic invitation to attend dinner, sponsored by the Woman,s Miss Levenia Ingle on April 2?th, at an admission fee Club, extending to Council an Democratic Club, and hearing of $1.25 per plate, was before Council. Councilmen are requested to take notice. The City Clerk will acknowledge and file the communication. INVIT~TION: A communication from 'j. A. Cartar, Secretary of the Loyal Order talking pictures of the l,'..oose, extending an invitation to Council to attend the "Tomorrow's Citizens" and "Greatest Crime", to be shown at the City Market Auditorium on April 20, 1936, at 8:00 o,clock p. m., under the auspices of the Loyal Order of Moose, was before Council. Councilmen are requested to take notice as there will be no charge to see the pictures. The City Clerk will acknov~ledge and file the c ommuni ca ti on. C~LPLAINTS: ~ communication from P. H. Hurst, complaining of method of distribU? ting grocery orders issued by the Social Service Bureau, was before Council. a report from Mrs. R. Russell Burnett, Director of the Social Service Bureau, addressed to the City Manager, with reference to the complaint, was also before Counc il. After discussion of the question, the City Clerk is directed to acknowledge receipt of the communicatic~ from Mr. Hurst, end to advise him that it is Council,s understanding his name is on the approved stores for grocery orders, that it is .contrary Do rules and regulations for the Social Service Bureau to furnish names of clients to arty of the approved stores, th.qt clients of the Social Service Bureau have the pri'~ilege of having their orders issued on any of the approved stores, 'and if he has any specific cases where clients have been refused their orders !on stores of their preference, and will so advise, Council will undertake to is su edI correcti seems advisable. i~ By directio~ of the Presideat, Mr. Small, direct a joint c _.omm_ unicaticm, to I~. Cowen and .the advice if they ~ill prepare proposed ! the City Clerk is requested to Judge Jackson, the proclamation to be issued and present On motion of ~. Bear, seconded by Mr. Powell, end unanimously adopted, the President, Mr. small, is appointed as a committee of one to take such action as City Attorney, with] same ![ dignity and make the week official, was before Council. May 2nd, suggesting- that Council issue a proclamation of some sort to add 25th to ithe condition complained of. :. RUBLIC ',;ELF.ARE DEPART~tENT: A communication from Dr. Hugh H. Trout, acknowledg- 'lng receipt of notification of his appointment, as member of the Advisory Board of ithe Department of Public Welfare, was before Council. The communication is filed. BOYS' Yd~D GIRLS' ~F~: A communication from K, Mark Coven, Chairman of the 'General Committee of the Boys' and Girls' V~eek, to be observed in Roanoke from April![ to Counc il further considerati~m. REFUNDS lng a refund at its next meeting on Friday, April 24th, the question will be given JuND REBATES: of ~1.00 for A communicattom from the Commissioner of Revenue recommen~ Replacement City Automobile License Tag issued to Felix K. Parker, was before Council. Mr. Bear moved tha, Council concur in the recomm-n- idation of the Commissioner of Hevenue and offered the following Resolution: (~4787) A RESOLUTION to refund $1.00 to City Automobile License tag ~12050. ( For full text of Resolution see 0rdin~_nce Felix K. Parker covering Replacement Book Ho. 8, page 443 ). The motion was seconded by Mm. Bear moved the adoption of the Resolution. . Mr. Comer, and adopted by the following vote. AYES: Messrs. Bear, Comer, Powell, and the President, Mr. Small ---4. NAYS: None ...... 0. REFUNDS ~ REBATES: A communicatic~ from the commissioner of Revenue, recom- mending refund of 72 cents covering overpayment of City Automobile License Tag, was before Council. ldr. Bear moved that Council concur in the reccmmendation of the .Commissioner of Revenue, and offered the following Resolution: (#4788) A RESOLUiTON to refund 72 cents to G. F. Hines for overpayment of City IAutomobile License Tag. Mr. Bear moved the adoption of the Resolution. ( For full text of Resolution see Ordinance Book No. 8, page 444 ). The motion was seconded by L. gr. ~Powell, and adopted by the following vote: A!~£S: Messrs. Bear, Comer, l'owell, and the }resident, l~.~r. Small --4. NAYS: None .... 0. MERCHANT'S LICENSE: A request for transfer of Merchant,s License No. 2032, iissued to H. L. Amos for stall #6, Arcade Market, to J. G Holt, was before Council. i ' ! ~:The matter is held in abeyance a~.ting outco_~m~, of ques'l;ion of payment of l'i-oenso by J. G. Holt for operation of the Arcade l~arket. ~RCHANT'S LIC~iSE: A request for transfer of Merchant,s License No. 841, issued to C. M. Folden for operation of stall #26, City Market, to J. ~. Draper, was before Council. The request is refer~ed to the City Marmger for investigation, treport and recGnmendation. REPORTS OF OFFICERS: REPORT OF THE' CITY M~I~AGER: The City Eanager submitted report of work accomplish- 'ed and expenditures for week ending April 9, 1936 The report is filed I APPOINTi.~ENTS-POLICE D~:ART~,iT: The City Manager reported the transfer of George ~. Rierson, chauffeur in the Police Department, to truck driver at the City Cq~trage, effective as of .~.pril 6, 19~6. TI~ retx~rt is filed. REPORTS OF C0~9~ITTEES: INSW.~U~CE: Mr. -j. M... Powell, Chai~_m_~ of'the Committee on Irmm"ance, advised Council~$~at he would probably report o~ the subjec~ at the next meeting of Council on Friday, April 24, 1936. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAII~: None. ~ IiITRODUCTION AND CONSIBF~ATION OF ORDINANCES AAU~ RESOLUTIONS: ~ H~LTH DEPARTMENT: A cozmmxnicatioa, together with proposed Ordinance, from ~.', r. C. B. Ransone, Health 0ff~cer, was presented to Council by the City Eanager, ~ith the request that the Ordinance prohibiting the keeping of hogs within the City 113 114 limits be adopted. After a discussion of the question, at the suggestion of the President, Mr. Small, and on motion of Mr. Bear, seconded by ~,tr. Comer, the subject is referred to '~he City Attorney with the request that he prepare a proper 0rdin~nce containing She provisions suggested a_nd provided for in the proposed Ordinance, as submitted Officer, and to repeal any 0rdinancesin conflict therewith, the co.~ideration of Council at its By the Health i: effective date to be as of Dec~mber ~51, 19156, for ~next regular meeting on Friday, April BA, 10~6. R0.~aNOKE WATER W0;~[.S C0}IP~P/: The ~estton of services between Burns and ~,~cDonnell Engineering executing contract for engineering Company and the City of Roamoke, was again before Council, ~.Lr. Powell offering the following emergency Ordinance: : (~47891 AN OHDIN.~CE relative to the employment of Engineering expert services and assistance to ascertain the value of the Roanoke "ater :.orks Company, s property and plant used and usable in supplying water to the City of Roanoke and its inhsht- rants, and to authorize and direct the Mayor ami City Clerk to execute a contract on behalf of the City of Roanoke in regard thereto. ( For full text of Ordinance see ~rdinance Mr. Po~ell moved the adoption of the Ordinance. Comer, ~_n_d adopted by the following vote: AYES: ;dessrs. Bear, Comer, lowell, and the lresident, Idr. Small ---~. NAYS: None .... 0. Book No. 8, Page A~A ) The motion was seconded by :..~r. PARKS .A2:D PLAYGROD-NDS: Ordinance l~Jo. A785, granting Robert H. Hale permission to use water from spring in ~;ashington _~ark, having previously been before Council, .read and laid over, v~as again before the body, Lir. Bear offering_ same for its second! re adi ng: (#4?83) AN OHDIN.&NCE granting permissic~ to Robert H. Hale to use water from the City Spring for a swimming pool, and prescribing the terms and conditions thereof, and authorizin~ the lfayor and City Clerk to execute a contract on behalf of the City in regard thereto. ( For full text of Ordinance see Drdinance Book No. 8, page 44~ ). ~, ~,~r. Bear moved the adoption of the Ordinauce. The motion was seconded by !~,~. ~ Powell, and adopted by the following vote: ~1: A_~S: Llessrs. Bear, Comer, lowell, and the i'resident, !~. Small --4-. NAYS: None ..... 0. DELIN~'~,,~ ~LOYEES: heports showing City and School Employees delineuent in their taxes, were before Cou_n_cil and discussed, the City Audito~ personally appear- tag and advising deductions we2e beir~ trade from salaries an d wages of City employee~ to discP~rge these obligations, but that the question of deductions fr~m School ! err~loyees was being handled by the School Board. The City Clerk is directed to ask M~. Hazelgrove, the Chairman of the School Boar& Mr. Lic~uilkin, 3uperintendent, and L.~. ~:~[cDonald, Clerk, to meet with Council for a few minutes at its next regular meeting on Friday, ~pril 24th, for discussion of delinquent taxes by ~chool ~aployees. !i. The City Auditor is directed to advise status of delinquent City employees on ~une 1st. ~:~ STREET :iIDEilING: ~iessrs. Bear and Small, appointed at the last meeting of Council i: to confer with prol~rty o~,mers with a vie~ of acquiring by donation, n~cessary property for right-of-way for widening GrandJ. n Road, Virginia Heights, reported thei 115 negotiations had been without success. The City Manager is requested to advise the State Grandin Road project has been abandoned, and arrange other 'worthwhile project. Highwa~ Department that the for diverting funds to some BRIDGES-FRANKLIN ROAD: The City Clerk is directed to ascertain of the Law and Chancery Court if, and when appointment of viewers has been made. SE;;ER ,~D ~IDEWALK ASSESS~,~2.ITS: Memorandum of facts from Z. iAttorney, with reference to Sidewalk ,~ssessment against Lot 1, .[ddition, was before council, the Attorney's contention being that erroneous information was from the Judge W. Poindext er, , Section 15, Lewis .; that in view of the fa;t given by the office of the City Clerk, and the period of time the assessment has been running, precludes the amount as a valid lien. In this connection, the City Clerk presented memorandum showing assessments on six other pieces of property, the status being shailar to the facts as presented by Attorney l'oindexter. After a lengthy discussion of the question and policy to be adopted by Council in the collection of Sewer and Sidewalk Assesaments, and the remitting of anounts iwhere erconeous information has been given to title examiners, the City Clerk is directed to request the City Attorney to give vwitten opinion on the following: First: whether or not the Statute of Limitation runs against Sewer and Sidewalk ~Assessments; Second, whether or not interest imposed on Server and Sidewalk Assessments under the provision~ of 0rdins~ce No. 1066, adopted on the 9th day of February, 19P~, is~ valid; third, whether or not the erroneous reporting of no Sewer and Sidewalk '?ssessnents by the office of the City Clerk to Attorneys exsa~ining titles, and it 'Subsequently developing that an assessment does exist, constitutes cause for releas- lng of such assessnent, the Question to receive further discussion probably at a ~pecial Meeting after receipt of opinion from the City Attorney. t BUDGET-POLICE DEPAR~.~.~2~: The City I/anager requested transfer of $75.00 from Furniture and Equipment" to "Stationery Account" in the Budget of the Police ,~Department for year ending June 2/), 1936; whereupon, .~¥~r. Coma~ offered the following Ordinance: I (~4790) AN 0RDIN~'dICE to anend and reenact Section #40, "Police Department" of n Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th i~,~ ~. Comer moved the adoption of the Ordinance. ~'~. Powell, and adopted by the following vote: lay of June, 1935, No. 454~, and entitled, __ "An ORDINANCE m~ king appropriations for She fiscal year beginning July l, 19~5, and ending June ~0, 1936." ( For full text of Ordinance see Ordinance Book No. 8, page .445 ). The motion was seconded by NAYS: None ..... 0. AYES: l~essrs. Bear, Comer, Powell, ami the President, l~.v. Small ---4. .~eceived before the next regular meeting of Council on Friday, Steps will be taken to dispossess them. April 24th, necessary VIRG~?IA STATE ~IPLOI~,~Ih~T S~VICE: The President, .~.dr. Small, suggested to. Council ~i ;hat it would probably be appropriate and timely for Council, by Resolution, to ~! ~etition the Congressman from the Sixth District to assist in the establishaent of a National ~eemplo~ent Service Bur ..~. ~ i n Ro~_u_oke, under Federal sponsorship similar to other TheCity I~.~anager is directed to notify the present operators if payments are not AIRPORT: The City Manager reported no rent or interest received from the :~present Ol:~rators of the ~unicipal Air~port, Reynolds and Lemon, since January 1st. 116 offices being operated in the State. The President, Mr. Small, is directed ~'a view of receiving preliminary advice and to communicate with the Congressman with' information on the subject. LICENSE - CITY AUTOMOBILE TAGS: The City Manager is directed to put into effect and receive fr~n the Police Department for the next Cruising cars in the enforcement of City Automobile sixty days activities of the Tags, as' required ::nder the License Ord Luance. The City Clerk is directed to ask the Commissioner of Revenue to appear before Council with reference to clarification and suggest'ions of Ordinance requiring City Automobile~ License Dlates for persons, firms or corporations employed, or operating businesses, in the City of Roanoke, and living outside of the corporate limits. 1t BUDGET: The City Manager reported the' Budget for the next fiscal period is practically ready for Council,s consideration, the i:residen~, ~:~. Small, suggesting that Special ldeetings on the subject would probably begin during the week beginning April 27th. There being no further business, on motion of Mr. Powell, Council adjourned. APPROVED Pres ident 117 COUNCIL, REGULAR M~.ETING, Friday, April P~, 1955. The Council of the. City of Roanoke met in regular meeting in the Circuit Court: o~min the Municipal Building, Friday, April 24, 1936, PRESENT. Messrs. Comer, Powell, and the President, ~Lr. Small ---3. at 3:00 o'clock p. m., the . ABS~T: Messrs. Bear and lffinn ..... The President, ~Lr. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. MINUTES: It appearing that a. copy of the ~inutes of the previous been furnished each member of Council, upon motion of'~r. ~owell, seconded by Comer, the reading is dispensed with, and the minutes approved as recorded. meet ing having GASOLINE !H. C. Grinmley, I HEARING OF CITIZENS UPON PUBLIC ~.~TTERS: FILLING STATION GROSS-0VES: ~ir. S. Division !lanager of the American D. Ferguson, together with Mr. 0il Company, appeared before i!Council in connection with communication submitted requesting permit for construc- tion of cross-overs and installation of underground gasoline storage tanks to ac- .comraodate proposed gasoline filling station on the Southwest Corner of Jefferson f - Plans, as shown by Blue Print submitted, contemplate the' Street and Norfolk Avenue. .complete removal of three story brick building known as the Gale block and now hous- !lng the Lindberg Hotel and other business concerns. During a discussion of the subject, the question of increasing the radius was ,considered, the -final result being that the matter was referred to the City !danager ~.~or investigation and conference with the Engineering Department to ascertain v~hat ~ight be done to increase the radius at the intersection and to make report and ~ec~mendation to Council. FP~I.~LIN ROAD BRIDGE: ~dr. E. F. Jamison appeared before Council in the interes~ ~f appropriation for cost of two pieces of property acquired by the City for right- Of-way in constructing the Franklin Road Bridge and was advised that commissioners ~ppointed by the Oourt would view the property to be condemned, and as soon as the .commmss~oners, report is received by Council, an appropriation will be made to clear · the whole ~__tter, it being the understanding the commissioners will mee~ on Monday, April 27, 1936. t .~ND PLAYGR0t~NDS: ~,~r. Broaddus ~F~ Chewning ha~ing previously appeared PARKS efore Council, again appeared before the body in the interest of the having City icquire approximately 9~ acres of land adjoining the Woodrov: Nil~on Junior High,School for ark and playground purposes, now o~ned by the West Raleigh Court Land Company, }&r. ~hewning, s advice to Co,~_n_cil being that his company, 'after consideration of the '~uestion, has decided to offer the land to the City at-a price of $1~,000.00. A~fter a discussion of the Question the lresident, i~r. Small, advised that in the absence of two members of Council the question would be held in abeyance and given further consideration at a later date when a full membership was present, Clerk being directed to carry the subject on his docket as unfinished business. PETITIONS 2~IID CG~E~!ICATIONS: INSTRUCTIVE VISITING ~URSES ~SSOCIATI0~·~: A communication from the Roanoke Instructive Visiting Nurses Association, submitting Budget re~ est and recommendatio~ ,! 118 for personnel of the Instructive Visiting Nurses Association to be absorbed by the Department of ~ublic ;ielfare, was before Council. The City Clerk is directed to acknowledge receipt of the communication, mith the advice that Council appreciates the report' and reccmmendation, and that same rill be given further c onsiderati~x in the administrative plans and development of the Department of l ublic ..elfare. PUBLIC .... ' ~' ,m..F,~R,..~ report from the Hoanoko ,,cademy of Medic[ ne, with reference to care of indigents by the Department of Fublic Welfare, was before Council. The report is laid over for consideration of iublic ~'Jelfare. in the development of the Department PUBLIC ~,'ELFARE: A communication from Cl_~_;dine P. Brooks, expressing thanks and appreciation for appointment as a member of a sub-committee of the Advisory'Board of the recently' established Deparl~nent of Public ~elfare, was before Council. The communicati~u is filed. RE~"J~,~S :'&SD REBAT'.2S: A communication from !'aul L. Dent, M. D., rata refund of $15.00 paid for City License, was before Council. requesting pro- The City Clerk is directed to advise LLr. Dent that Council cam find no grounds upon which refund should be made, inasmuch as professional licenses are not prorated:~ ADV'.,~TISING: A communication from the Stone Printing and Manufacturing Company, asking that copy be i'urnished for one page ad for insertion in the ,American Legion Convention programs, was before Council, the printing company advising it had been informed the City of Eoanoke has contracted for this space. The City Clerk is directed to advise the printing company that at a previous session of Council tentative approval was given to a contribution for the American Legion Convention, to be held in Roanoke, aBd if such a contribution includes free space in the progra~a, the City mould be very glad to furnish necessary copy, but if cost of the space in progrn_m_ is in additiGa to the contribution, the printing cGnpany has been erroneously advised~ MERCPL~iT'S LIC~NSE: A communication from the Commissioner of ~evenue, requesting transfer of i,lerchant,s License No. 1863, issued to Diamond Bro. thers, 311 South Jefferson Street, to Cannon Shoe Company, was before Council. Mr. Comer offering the following Resolution: (#4~91) A RESOLUTION authorizing transfer of Merchant,s License from Diamond Brothers to Ca~mon Shoe Company. ( For full text of Hesolution see Ordinance Book No. 8, page 446 ). Comer moved the adoption of the Resolution. Powell, and adopted by the following vote: AY'F~: Messrs. Comer, Powe11, and the ~resident, The mot ion was seconded by Mr. ~r. Small---3. NAYS: None ..... O. ( Messrs. Bear and Winn absent). MERCHAHT'S LICENSE: A request for transfer of Merchant,s License No. 1584, issued ~to Gilespie and o~uith, operators of stalls 23 and 25, Arcade Market, to C. B. Gilesp was before Council. The matter is ~arried over. INSTRUCTIVE VISITING h~XqSES ASSOCIATION: Reports from the Instructive Vis iting Nurses Association for the months of February and March, were before Council, the unexpended, balance for February being $10.98, and for March, $191.77. The reports are filed. ~ ROANOKE HOSPITAL: Report from the Roanoke Hospital for the month of March, 1936, as submitted by the City Physician, showing overdraft of ,725.49, was before Council .! ,! The report was discussed and ordered filed. HEPORTS OF OFFICERS: APPOINTM~TS-POLICE DEPA~RI~.~ENT: The Eugene I. Douthat, age 25, from Special April 21, 1936. The report is filed. City Manager reported the transfer of Officer to Patrol Chauffeur, effective MERCHANT,S LICENSE: The City Manager recommended the transfer of Merchant,s License No. 841, issued to C. M. Folden for operation of stall ~26 in the City Market to J. C. Draper, which ~uestion was previously before the Council and referred to the City Manager. P~r. Powell moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~4792) A HESOLUTION authorizing transfer of l,~erchant,s License from C. M. Folden to J. C. Draper. ( For full text of Resolution see Ordinance Book Mr. Powell moved the adoption of the Resolution. ,by L~r. Comer, and adopted by the following 'vote: AYES: Messrs. Comer, Powell, !io. 8, page 4_~4~6_). The motion was seconded the iresident, i,M. omall ---3. NAYS: None ..... 0. HEALTH ORDINANCE: The City .~ttorney submitted proposed Ordinance prohibiting ,the keeping of hogs in the City of Roanoke, as proposed by Dr. C. B. Ransone, . Health ~fficer, at a previous meeting of Council. There being some question as to whether or not the 0rdin_~_nce as drawn would iinterfere with the method of handlimE hogs by the Stock Yard, the City Clerk is idirecte~d to refer the proposed Ordinance to Dr. Ransone and ask that he discuss the ~uestion with the City ~ttorney. 4EUER AND SIDEWALK .kS~ESb~,, ~ - ".',-~.~. The City Attorney submitted the following . Opinion with reference to Sewer and Sidewalk Assessments: ~ 1 "Y°u desire an ooinion from me on the following subjects: ti (1) Whether or not the Statute of Limitatiohs runs against asses~o~ents in the City of Hoanoke; sev:er and si dewa lk i (2) ~hether or not interest -Provisions of Ordinance No. 1066, adopted February 9, 1923, is.valid; i (3) W'hethe. r or not err.oneous reporting ~$ ".no. sew?. and s~dewalk assessment', by representatmves of the Cmt ~ y to Attorneys examining t~tles, though there is assessment ama lien against the property, affects the City's right to enforcement imposed on sewer and sidewalk assessments ~,nder the Of the lien. " I answar as follows: As to {1), neither the status creating such lien of Hosnoke provides any limitation. The general statute of limitation does ~apply to such liens. I, therefore, answer that no status of limitation runs these assessments and the lien on the property. nor .the Charter of the City not against As to {2), an ordinance requiring the payment of 6% interest to be charged upon all unpaid se~er and sidewalk assessments, to commence March 1, 1923, ~as ~. passed by Council on the 9th, day of February, 1923. It is well settled in this State and elsewhere that liens of the class, to ~hich assessment liens such as we ~i have here belong, are purely statutory, and that such special assessments do not ", bear interest unless some public statute or City charter expressly, or by implica- ' tion, authorizes the collection of interest. The present charter of the City of ~ Roanoke expressly provides for the collection of interest in cases of default in ,i the payment of local assess, ants; see Section 51, City Charter. Charters of the , City prior to the present provide for local assessments, and that the time and manner in which they shall be paid shall be prescribed by Council. It would seem that the ~ City Charter prior to the present charter by implication, if not expressly, authorized the passage of ordinances requiring the payment, of interes~ on overdue assessments and which are due at the time of the assessment. As .to (3), the law provides that if the assessment lien is not properly docketed', a purchaser for value and without notice of the lien is protected, but if the Clerk ~! or any other representative of the City negligently informs an Attorney exs_mining ~ a title the rights of the liable but there iof the officor. that no lien exists, when, in fact, ther~ is a lien against the property, City are not affected thereby. The officer himself might be is no estoppel against the City on account of the representation ( Signed ) Respe ct fully, Robt. C. Jackson, City Attorney." 119 120 In this connection, the City Clerk submitted report shoeing $8,256.14, assess~ and $3,007.29, interest, collected since January 1, 1935 to date, the unpaid assess- ments, as shown by records in his office, being approximately $?0,000.00. The question was discussed at some length, the i-resident, Mr. Small, suggestin~ that in the absence of two members of Council the Question be held in open file for ~,later consideration and adoption of policy with respect to steps and attitude to be pursued in the collection and reduction of the unpaid assessments. REI?O,;.TS OF CG~ITTE~: lARKS .:~ID : I~iYGROUI,;DS: The committee composed of the City Manager and Mr. Comer, for investigation of petition from voters to acquire Lot ~722 Salem .~venue, between 17th and 18th streets, for park purposes, reported in conference with the om of the property the cGnmittee had been advised that contract for rental to negroes for cultivation purposes had been withdrawn, and that the City Manager had arranged to survey the property and plant trees on the property line. The report is filed. CONS!DEP. iTiON OF CLf~IMS: None. INTRODUCT!'~ .~D COI(SIDERATION OF ORDINANCES ~ND RESOLL~flONS: BUILDING CODE: The City Manager submitted draft for anmnding Section 148 of the Building Code, with reference to fire limitation and fireproof buildings. The data is referred to the City Clerk with the request that same be put in legal form of an Ordinance for consideratic~ of Council at its next regular meeting. ~_.. DF~ AETM~T: The oity ~'2anager submitted communication and draft of Ordinance requested by Dr. C. B. Hansone, Health Officer, pool. with reference t'o swimming'! The City Clerk is directed to forward copy of the proposed Ordinance to Attorne~ i' for R. H. Hale ~1~o is now constructing a swi~mning pool near ,~ashington Park for 'colored citizens advising that Council will be very glad to hear h~m at Lts next regular meeting on Friday, May 1, 1936, with reference to provisio~s of the proposed 'Ordinance, with the further advice that it might be well for him to discuss the question with Dr. Ransone, copy of the communication to be sent to Dr. Ransone. REAL ESTATE-10LICE OFFICERS: The question of extension of employment of ~wo special police officers assigned to the duty of watching real estate, was before Council, Mr. Powell offering the following Resolution: Its, (#4793) A RESOLUTION authorizing the extension of e_mployment of two police officers, as provided for in Resolutioa at a cost of $276.00. No. 4?43, for a period ending May 31,-1936, ( For full text of Resolution see Ordinance Book No. 8, page ~&r. Powell moved the adoption of the Resolution. The motion was seconded by t~r. Comer, and adopted by the following vote: and the President, Mr. Small --3o AYES: Messrs. Comer, Powell, NAYS: None .... O. MOTIONS g~.ID LiiSCETJ.A~UEOUS BUSINESS: D~LIN~U~. SCHOOL ~LOYEES: Messrs. ~,. P Hazlegrove, Chairman, D. E. McQuilki$, Superintendent, and j. S. McDonald, Clerk of the Roanoke City School Board, appeared~I before Council ~ith refereace to delinquent t~xes due by school ~nployees, Mr. Hazlegr°veli explaining, that four of the employees shown on statement dated April 10, ~! have since discharged their obligations, and that the remainder of the employe s, 1936, with the exception of Miss Virginia Caldwell, Max Q. have discharged their obligations three exceptiono being surrounded Kelly and D. ~. Persinger, prior to June let, and possibly by May 20th, by peculiar circumstances, explanations being will the included Clerk. in report submitted es of April 1936, on file in the office of the Cit After a discussion of the question it was the unanimous opinion of Council the1 the present arrangement of collecting these taxes is satisfactory, the School Board being requested to submit report showing status of the remaining school employees on or before May 20th. BUDGET: Messrs. and J. S. McDonald, in the interest of two items in the School Budget 1936, one for $29,000.00 covering new heating and W. P. Hazlegrove, Chairman, D. E. McQuilk_t_n, Superintendent, Clerk of the Roanoke City School Board, appeared before Council for fiscal year beginning July 1, ventilating plant in Lee Junior High School, and $5,050.00 for wiring ami lighting fixtures in the same building. Mr. Hazlegrove explained briefly the necessity for these expenditures es did Smith.y, :',_rcb!tect, it being the opinion of the c crmuittee that for an expenditure of five or six thousand dollars temporary or later permanent repairs improvements might be made, would be necessary. but that sooner After a somewhat detailed discussion of the question, at the suggestion of the ~resident, Mr. Small, the School Board is directed to pmepare plans and speci- fications and invite bids on the two projects, the School Board reserving the right. to refuse any and all bids, and to report back to Council at a later date for fur- ther consideration and determination as to whethe~ or not Council can appropriate funds for one or both of the contemplated improvements. AIRPORT: The City Manager reported payment of interest on note to January let, due by i~eynolds and Lemon operators of the Airport, and rent for months of January and February, with the advice that al i payments will be brought up-to-date as of The City Manager is requested to make report on this question as of May I,'[ay let. .12nd. STREET LIDW2~ING: The City Manager submitted sketch showing street widening :and abandoning, as proposed by the Roanoke Dairy and Ice Cream Compa'ny on Moorman Road , and alley between Moorman Road and Gilmer Avenue between 7th and 8th Streets, the said company proposing to donate certain property in exchange for triangle in order tha~ angles now existing might be eliminated. The City Manager is directed to confer with the City Attorney in the preparation Deeds of conveyance and Resolution authorizing the execution of same~_, in order ~i iithat ~ the proposed changes might be put in effect. BUDGET-HEALTH DEPARTMENT: The City Manager submitted t request, of transfer of .funds frGn the Health Department to Venereal Disease Account in Budget for fiscal iyear ending June 30, 1936, proposed by the Health Officer I The City Manager is directed to review this matter and ascertain if requisit ion ~i ~s submitted can be reduced, ~nd if this solution does not serve the purpose to .. ?aport'~ back to Council at a later meeting. ROANOKE WATER WORKS COMPANY: The President, ~&r. small, brought to the attention .Of Council and the City Manager request from Burns and McDonnell, Engineers engaged I. ~n connection with the Roanoke. Water Works Company rate case, for temporary office i~pacet' . in_ close proximity, to the City. Engineering Department, suggesti.ng spac.e prevmously occupmed by the Equalizat~on Board might be used for a period of s~xty or ninety days. The City ~anager will arrange for the office space. 121. 122 STI~T IMPROVFAIENT: !Council Ibetween The President, Mr. Small, brought to the attention of and the City Manager complaint previously before Council of Belgian block street car tracks at the intersection of Sixth Street and Campbell Avenue The City Manager advised that he h~d previously conferred with the Manager of 'the Street Railway Company who kd promised to make necessary repairs. The City Manager is directed to again confer with the Street Railway Company and request the Company to give any reasons why the improvement should not be made. ~ There being no further business, on motion of meet at 3:00 o,clock p. m., on i,[onday, April 27, 1936. Comer, Council adjourned t o APPROVED President COUNCI L, Monday, AD~0URNED 5REETIN~, April 27, 1956. The Council of the City of Roanoke met in Adjourned l,ieeting lCoUrt Room in the Municipal Building, Monday, A~rtl 27, 1936, at in the Circuit 5:00 o,clock p. m. PRES~tT: Messrs. Bear, Comer, and Powell---3. A~ENT: The P~resident, ~.~. Small, ar~l Mm. Wirm--2. VICE-CHAIK~,',JGI, ~ir. Comer, presiding. OFFICERS PRESE~tT: Mr. W. P. Hunter, City Manager. ZONING: The Vice-Chairman, ~. Comer, stated ~hat the Adjourned Meeting was called for the purpose of hearing pursuant to notice appearing in The Roanoke' World News as of April 13, 1936, on the questiGa of a~nding the £onin~ Ordinance for Lots 13 and 14, Section 2, Roanoke Ghent Realty Map, on the Southwest corner of Virginia ~venue and Our Street; Lots 14 and 15, Section 5; Lots 5, 6, and 10, Section 6, Virginia Heights ~.ap, on the North side of Virginia Avenue, between Grandin Road and Cambridge Avenue, to change same from General Residence to Business District, 'and called on the City Clerk to read communication from the Board of Zoning Appeal s reconmaending affected areas. The following l~titions, having been filed with the City Clerk, ~ere read: ( See copies of petitions in the office of City Clerk) Petition signed by five property ov~ners in the vicinity of the Northside of Virginia Avenue opposing any change. Petition fr~n the Virginia Heights-Raleigh Cou_~ Civic League opposing any change on either side of Virginia Avenue. Petition signed by tv~enty-eight prol~rty o~ners on Cambridge Avenue opposing any change on the North side of Virginia Avenue. Petition from the Virginia Heights Parent-Teacher Association opposing any change of the Southwest corner of Virginia Avenue and Denniston ~venue. Petition signed by eleven property owners on Denniston ~venue opposing any change for the North side of Virginia ~venue, between Cambridge Avenue and Grandin Road. Petition signed by twenty-sewen property owners on both sides of Virginia ~venue opposing any change for Lots l~ and l&, on the Southside of Virginia Avenue, the said petition being dated October 22, 1935. Petition from seven property o~ners on Denniston ~venue asking that Lots 5Gl and 50~, at the intersection of Virginia ~venue and Denniston Avenue, be changed to Business District. The petitions having been read, invitation v~as extended to those tmesent from the affected area to speak on the subject; whereupon the following appeared in opposition to any change in the Zoning Ordinance: ~Ar. I. B. Lower, property owner, .~liss L~abel C. Massey, Principal of the Virginia Heights Grade School and representing the Parent-Teacher Association, S. Loebl~ Attorney, Mr. ~. D. Shiplett, and ~J~. P. F. Bell, property o~mer, ;'~alter M. G. Francis. Those speaking in favor of changing the Zoning Ordinance for re-classification of the section as business were as follows: 123 124 Mr. HU~h T. Angel1, I~r. Henry Glasgow, Mary V. Childress, Mr, L. M. Thornsbury, Mrs, J, R, Jones, The spokemnen, as en, rmerated above, 'case both pro and con, and the petitions and Mrs. M. C. Mer~icks. having consumed two hours in presenting the having been read, the Vice-Chairman, Mr. iComer, advised that in view of the fact that two members of Council were absent the ~question would be given further consideration at a later date, and the property 'owners advised of final action. FItM'~LIN ROAD BRIDGE: The City Manager reported to Council that agreement had 'been reached with Mr. J. ',. ¥,'aynick, Jr., for acquisition of parcel No. 3, necessary. for ri ght-o f-way in the construction of the Franklin Road Bridge, at a price of $200.00, and that the ccmmissioners were unable to make final report on parcel No. 6, owned by the Griggs t'acking Company, the said company having ration in the viewing of the property. be en wi thout represe~- There being no further business, on motion of i.;~. Bear, duly seconded by Mr. Powell, the meeting adjourned for further consideration of the Zoning matter at a later date. APPROVED COUNCIL, ADJOURNED mETING, Friday, May 1, 19~. The Council of the City of Roamoke met in Adjourned Meeting in the Circuit Court Room in the l.[unicipal Building, Friday, May 1, 1936, at 2:00 o'clock p. m. PRES~qT: Messrs. Bear, Comer, Powell, and the President, ~Tr. Small---4. ABSENT: Mr. Winn .... 1. Th~ President, Mr. Small, presiding. OFFICERS PRES~2~T: ~&r. W. P. Hunter, City l,ianager. The President, Mr. Small, stated that this is an adjourned Meeting of Council for discussion of such business as may of the regular meeting. properly come before the body until period RECREATION DEPARtmENT: Mr. K. Mark Cowen, Director of the Department of Recreation, having previously been invited to appear before Council, was present, the t-resident, ~.~. Small, stating the invitation had been extended at the request of D~r. Bear who desired fLrst-hand information. Mr. Bear stated that ,mless he had been incorrectly advised there was some misunderstanding with res~ect to methods and procedure in the handling of various te~m~ sponsoring athletic activities, and asked ~r. Cowen for a statement regarding. the matter, ~r. Cowen advising that he did not Imow why he was being called to Council and in all fairness, and v~th the consent of Council, he would like to have an opportunity to think the Question over and give a written statement of the ~hole After a further discussion of the question, it was agreed that this procedure i.would be followed, with the City Lianage~ attending the conference, i..:.r. Comer sug- :gesting that it might be well for Mr. Hunter to prepare a detailed outline of the 'whole set-up as to rules and regulations and methods of handling the sponsored teams support;lng athletic activities for publication and infomation of the public. .The above question having been disPosed of, the President, ~r. Small, stated on h~.s belmlf, and ex-pressing the s~mtim~nt of Council, it was the feeling that I~,~. Cowen is entitled to compliments for the way tt~e Boys' and Girls' Week has been conducted, and the whole program has been very excellently handled, it being his thought that the compliments of the City Manager and Council are due for the effective work being done in this connection. SE'i~R .,~D $iDEWgLK ~SES$.UENTS: The question of adoption of policy ,aith re~2:~ectI .1 to collection and handling of unpaid Se~er and Sidewalk Assessments, as a result of opinion from the City Attorney having previously been before Council, was again before the body., the President, Mr. Small, stating it ~as his opinion Council should~ ![determine the question of policy with respect to the collection of these delinquent ii:Sewer and Sidewalk Assessments, not only how and where they should be collected, !![but a policy with respect to request ....for remittance of interest andr penalties, tha~ Ii.have now acc~m~4~ated, and revl.~ed b.rlefly ~.he opinion o~ the C~t~ ~ttor~ey ~n i!~t ~vas stated the Statute of Lzmitat~on does not run against these assessments, thati !lOrdirmnce imposing six percent inte2est on delinq, uent assesmaents is valid, and thatI i!no legal responsibility rests on the City for erroneous info~ation given title :lexalnlnerS.~ . The President called attention to Ordinance No. &~BO, adopted on the 2nd day 125 126 of November, for the collection of and Street Improvement 1934, providing for the establishment of a Delinquent Tax Department delinquent taxes and "past due Sewer and Sidewalk Assessments items," it being the opinion that the records were now in ~with the Sity ~ttolmey for drafting a proper Resolution or Ordinance Sev~er and Sidewalk Assessments in the Delinquent Tax Department, and' such shape that the City could force collection on these assessments, and that in view oi' the foregoing the Delinquent Tax Depal~ment was the logical place to make these collections, recommended to Council that the City Clerk be directed to confer placing th~ after the adoption of the Resolution or Ordinance that a discussion be had with the ~eltnquent .Tax Collector to determine what policy he will be authorized to follow. Mr. Comer suggested that before final adoption of policy with respect to col- lection of interest, that Mr. Tucker be invited to Council for information as to how he handled the Sewer and ~idewalk Assess:~nts. Mr. Bear in ca~_ menting on the proposed transfer stated that ~ was in perfect accord ;,~ith the collection of these delinquent assesm~.ents, but had some grave doubt as to the wisdom of transferring the records frGn the office of the City Clerk to the Delinquent Tax Collector, his reason being most of the information to be secured by t£tle ex~niners has to come from the Clerk's office. After a further discussion of the question, the City .~uditor advising that transfer of the accountability from the office of the City Clerk to the Delinquent Tax 2epartment could be rode, and it being the opinion that other duties required of the jity Clerk justify the transfer, l,.ir. ~owell moved that the City clerk confer with.. the ,Oity ~.ttorne',~., and have proper Resolution prepared transferring the accountability~, records, data and statistical data for oewer and Sidewalk Assess~,'ents from the office of the City Clexk to the Delinquent Tax Depar~ment, said records to be checked out of the Clerk's office and into the Delinquent Tax Department by the City Auditor, the, Delinquent Tax 'Collector to confer with ,~ounc~l for policy as to collection of same ~.~ter adoption of ~esolution or Crdinance ar~l transfer of records. The mot ion was seconded by Yr. Comer and unanimously adopted. Mr. Bear suggested that the Clerk bring to the attention of the City Attorney the question of the legality of making the transfer. :~iP,~C. RT: The .gity Manager reported Reynolds and Lemon, operators of the Municip~ :~irport, had promised to pay balance of rent during the coming week. R0~NOKE iTATER UOPd~S ~D~,[PAI~: The President, Mr. Small, brought to the attention the City Manager subject of office space for Burns and McDonnell, employed in connection with the Roanoke ¥jater Works Company rate case for a period of sixty or ninety days, it being bS.s thought that it would be very helpful a_n_d_ save a lot of lost motion and time in examining maps and records if office space could be provided as near the Engineering Department as possible, the suggestion being advanced that '~the most convenient locatioa for that purpose is the room previously occupied by the Equalization Board. Mr. Hunter stated that he had conferred with the City Treasurer who had advised that he con-~idered the space in question part of the Treasurer's office and has need for same. The City Manager advised he had also conferred with the Delinquent i Tax Collector for the office previously assigned to the Mayor and :was not available, but that there are tv~o rooms available in the that this apace old postoffice building. The question was discussed pro and con by members of Council and the City Manager, the City Treasure~ being invited to appear before Council for a discussion of the question after which Council recessed to persomally view space used by the City Treasurer, after which the City Clerk was directed to recc~d as a minute of the meeting that Council had viewed the avilable office space in the Treasurer's Department, and that the City Manager is directed to confer with Mr. Bartlett, Representative of Burns and McDonnell, advising him of two available locations for office space in the Treasurer's office, or space available in the Health Center , Building, and to select one of the three spaces most convenient for him, and that the space selected to be made available to the Burns and ~,~cDonnell Engineering ~ Company while employed in connection with the Roanoke Water Works Company rate case,· and that the City ~anager report back to Council, at a subsequent meeting, of the space assigned. MII~q3TES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of L'ir. Powell, seconded by !..ir. Comer, the reading is dispensed with, and the m~inutes approved as recorded. MF. ARING OF CITIZENS UPOH PUBLIC 1.tAT~RS: PJH~ "~.D ?LAYGROU~_~S: EIr. C. S. Spindle, Real Estate .&gent, appeared before Council with reference to sale of the Rogers property in the Southeast Section for park and playground purposes, which offer was made to Council at a meeting on August 9, 1935, and referred to a c~_s~.mittee composed of ?.~essrs. Winn, Powell and Hunter, l,~!r. Spindle requesting that some reconnne~dation one way or the other be made. The ~resident advised the proposition and price as originally submitted was in ~ ~he opinion of Council entirely too high, but that if the Rogers Estate cares to '. make a counter proposal, Committee, for further consideration. ~ E. Hunter, STR~ ','ID~IN~: I~Lr. ~. the same should be submitted to ;.~,Ir. Winn, Chairman of the f~ttorney, appeared before Co:;~cil and sub- mitred map and draft of proposed Ordinance for straightening and exchange of street i right-of-way, as proposed by the Roanoke D~ ry and Ice Cream Company on ~:~oorman Road and alley between !..[oorman Road and. Gilmer Avenue, N. ~i., between "?th and 8th Streets, the said company proposing to donate said right-of-way on ~;~oorman Road for right- I of-way on the $outhside of its p~pe~;y now used as an alley, the City '~,la nag er recommending that the exchange be made which ~ould greatly ~mprove the existing conditions. The draft of ordinance is carried over for consideration in the regular the .~merican 0il Company, appeared before Council in the interest of his application for permit to con.~truct gasoline storage tanl~ and cross-overs to accommodate fill-il ing station on the Southwest corner of Norfolk g_venue and jefferson Street, which was previously before Council a~d referred to the City ,~:[anage2 for investigation '*It is my recommendation that this corner be cut to a 1~ ft. radius and that the American 0il Company be gr~nted 't a permit to construct two g~ ft. cross-overs on Jefferson Street and ~wo 30 f~. cross-overs on ~Drfolk ~venue with a , safety island of at least 10 fee~ between cross-overs" After a discussion of the question, Mr. Bear moved that Council concur in the reco~aendation of the City ;.~anager and offered the following Resolution. order of business. GASOLINE STORAGE T~d~iS, CROSS-0VFd~S: Mr. H. C. Grimsley, Di~i sion ~laa ager of and report, the City MaBa~Eer subnLitting the following report: "Regarding the application of the American 0il Company for a permit to construct four cross-overs into proposed filling station at the S. W. corner of Jefferson Street and Norfolk Avenue, two cross-overs to be located on Jefferson Stree~ and two cross-overs on ~' ~or folk avenue. 127 128 (~4795) A RESGLtYl'ION granting a permit to the Ameriaen Oil Company to con- struat four cross-overs into proposed filling station at the Southwest Corner of Jefferson Street and Norfolk Avenue. { For full text of Resolution see Ordlnonoe Mr. Yowell, Book No. 8, Page 448 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by and adopted by the following vote: AYES: Messrs. Bear, Comer, lowell, and the t:resident, Mr. Small ---4. NAYS: None ....... O. (Mr..;;inn absent). Mr. Bear also offered the following Resolution for construction of underground gasoline storage tanks: (~4796) A RESOLb~ION gra6ting a permit to the ~merican 0il Company to install five 1,000 gallon underground gasoline storage tanks, and two 550 gallon storage tanks underground for crankcase drainings for Gasoline Filling Station to be erectedi on lot at ~he southwest corner of Jefferson Street and Norfolk Avenue. ( For full text of Eesolution see Ordinance Book i~o. 8, page 448 ). Mr. Bear moved the adoption of the He so lu ti on . The motion was seconded by /.ir. !or, ell, and adopted by the following vote: AYES: E. essrs. Bear, Comer, lowell, and the i:resident, Mr. Small---4. Hone ........ 0. %0KIi~iG: i.lr. Hughes T..~ngell appeared before Council in the interest of aD~lication for ~::ending the Coning ~rdinance to change Lots 14 and 15, Section 5, Virginia Heights Map, from Residential to Business property, ~hich request was heard at a Special ;~:eeting of Council on idonday, April 27,1936, in conjunction with other property on Virginia :Yvenue, Virginia .;;_eights, asking that consideration of the lots in question be handled individually instead of jointly with other properties adver- tised and heard on Y~pril 27, 1936. .~fter a discussion of the question, idr. Comer introducing a Resolution to deny the request of the petitioners of all three sections and later withdrawing same, on motion of '.,,ir. Bear, seconded by M~. Comer ami unanimously adopted, of i,Lr. ~.nugell to consider the three requests separately is granted. the .request Z0~.IN~-: The e_uestion of amending the Zoning Ordinance to change Lots 13 and Section 2, Roanoke Ghent Realty Map, on the Southwest Corner of Virginia Avenue and Street, having been heard on P~pril 27, 1936, at the request of L~r. L. M. Thornsbury, was again before Council, ilr. Bear moving that the property in question be re-zoned as Business property. There being no second to his motion, LLr. Cpmer moved that Council concur in the recommendation of the Board of ~.o mnm appeals and that the request to change same to H. usiness District be denied. adopted by the following vote: :. The motion was seconded by LiP. t'owell and AYES- i..iessrs. Comer, i-owell, _~nd the ~-resident, L[r. Sm~ll ---3. 15, Denniston ~.venue and Grandin iload to Business District as petitioned by ~M. NAYS: Mr. Bear ..... 1. ~,~..~_~G: The question o!' amending the Zoning Ordin_snce to change Lots 14 and Section 5, Virginia Heights Map, on the Northside of Virginia Avenue, betw~een Hughes T. ,Lngell and !;~. before Council. Henry Glasgow, representing Louis A. Scholtz, deceased, was.again l~r. Powell moved that Council concur in the recommendation of the Board of Zoning ~ppeals, by ~.~r. Comer and adopted and that the request be by the following vote: denied. The motion was seconded AYES: M" . .~ssrs Bear, NAYS: None ..... O. Comer, Powell, and the ~resident, Mr. Small --4. ZONING: The question of amending the Zoning Ordinance to change Lots 5, 6, ar~t 10, Section 6, Virginia Heights Map, on the Northside of Virginia Avenue, between Cambridge Avenue and Denniston Avenue to Business District as petitioned by Mr. ar~l Mrs. F. E. Jem~ison, Mary V. Childress, Mr. and Mrs. J. R. Jones and Mr. and Mrs. C. E. Merricks. Mr. Powell moved that Council concur in the recommendation of the Board of Zoning Appeals and that the request be denied. The motion was seconded by ,'.ir. Comer and adopted by the following vote: AYES: Messrs. Bear, Comer, lowell, and the l~resident, Mr. Small ---4. NAYS: None ..... 0. BOYS' AHD GIRLS, " · bEEK. At this Juncture ",Mr. K. Mark Cowen, Director of the Departmont of Recreation, appeared before Council and presented the five members of Junior Council, recently elected in cmnection with Boys' and Girls, Week activities two members of the Junior Council expressi~ a desire to attend the regular Council ~meet ing. i' The President, Mr. Small, welcomed the members and congratulated them on their ti '' e ec~ ion. iL[ERCHf~iT'S LIC"~SE: Lir. Charles Stine appeared before Council in the interest of transfer of Lierchant,s License No. 16~0, issued to Mrs. Lillie Stine, No. 2~ -8½ Street, S. . . . ~, E., to the C T and. '~j Corooration, ..~. F Cleeton, President, !and Norfolk Avenue. I The request is referred to the City 1;.anager for investigation and report at the next regular meeting of Co,mail. at 8-:~- Street PETITIONS 2~;D C0~,~W~q'~ICATI 0NS: ~,,~RCHAi. iT'S LICENSE: A request for transfer of i',[erchant,s License No. 1439, !issued to L. A. Bowman, ~19 Ninth Street, S. E., to A. T. Lo~ell, was before Council. ihe request is referred to the City Manager for investigation and re.port. .~.~,~,:..,~?,~o~'u'~.~.'~'S,, LICENSE: A request for transfer of iJ_erchant,s License No. 1584, :~ssued to Gilespie and Smith, 2~-25 Arcade Market to C. D. Gilespie, was before Douncil, it being stated that the transfer was simply dropping P. !~. Smith fr~m the .,business as now conducted; whereupon, Lir. Bear offered the following Resolution: i (#4797) A P.,v. SOLUTION authorizing transfer of Merchant,s License from Gilespie Snd Smith operators of stalls Nos. 23-25 Arcade Market to C. D. Gilespie. ( For full text of Resolution see Ordinance Book No. 8, Page 449 ). Mr. Bear moved the adoption of the Resolution. Powell and adopted by the follom[ng vote: The motion v~as seconded by Mr. AYES: Messrs. Bear, Comer, Powell, and the tresident, Mr. Small---4. NAYS: None ....... 0. REFUNDS J,d~.ID RW.2ATES: A ccmmunication frGn the Cow~ssioner of Revenue requesting refund of fifty-four cents for overpayment of City Automobile License Tag, issued ; to J. B. Je'nnings, was before Count il, Mr. Powell offering the following Resolution:' (#4?98) A RESOLUTION to refUnd fifty-four cents to J. B. Jennings f~r overpayment The mot ion was seconded by l~ir. Smal 1 .... 4. of City Automobile License Tag. ( For full text of Resolution see Ordinance Book No. 8, Page .4.49). Mr. Powell moved the adoption of the Resolution. ~r. Comer, and adopted by the following vote: AYES: Messrs, Bear, Comer, Powell, and the President, NAYS: None - .... 0. 129 130 STATE COiWORATION CO~N~SSION: Notice of application before the State Corporati¢ Commission for public convenience [the Carter Express Lines, Johnson l~otor Lines Ibefore Council. The petitions are i LEGISLATION: A communication and necessity for and the Red filed. from the Housing Legislation furnishing freight service by Line, Incorporated, was Information Office iasking that Council adopt similar resolution passed by the Cleveland City Council endorsing the ;,agner-Ellenbogen U. S. Housing Bill, now before Congress, was before Council. Council indicating no desire for consideration of the question, the communication is filed. DELINqUenT TA~S: A communication from ;,. P. Kelley, ami file in connection ~'ith delinquent taxes, was before Council. The file is referred to the Delinquent Tax Collector for report and recGnmendation to Council at its next regular meeting. ELhCTIONS: A communication frcm the Roanoke City Electoral Board recommending reports are E., was before Council. The request is referred to the City Manager for investi- increased pay for judges and clerks serving during elections, was before Council. e The c~nmunication is received and the City Clerk is directed to secure information as to rstes of pay received by judges and clerks in seven of th~ largest cities in Virginia, the communication to be given further consideration after receipt of same. ~O.RTS JF OFFICERS: R~.~T ~.~ ~'.'~'~ ,..,,.,.~.~o. The City l,ianager submitted reports of work accom- ~'u.~- ~'~ ~n-~ CITY ~lished and expenditures for weeks ending April 16th, and 23, 1956. The fi led. v ~t~vx.~. .~.,-':,.onu,~o~. Report for operation of the Almshouse for month of April, 1936, showing e~penditures of $664.04, was before Council. The report is filed. CROSS-OVERS: A communication from J. J. $cruggs, making application for a pe_-r_'.it to construct two cross-overs to accom~.-odate filling station on llinth Street, gation, report and recommendation. ~0RTS OF COMULITTEES: DRUGS: Lr. Bear reported that the committee appointed to confer with the Roanoke County Retail Drug Association has not as yet met, but that report would be submitted at the next regular meeting of Council on Friday, May 8, 1936. INS~.~.iCE: ~!r. lowell advised Council that report from the committee appointed to investigate and make recommendation for placing insurance on City property was still functioning and would submit a final report at a later date. i 1~,~. ~owell recow~nended that the City Manager be directed to request the ~urchasing ~gent to place insurance on property now covered by binder for one year period, with the understanding these properties may be covered by group insurance after january l, 1937. [ TPJ~FFIC: The committee appointed to codify the Traffic Ordinances, having not · .as yet reported, the City Clerk is directed to request. Judge Harris S., Birchfield, .Chairman of the Sub-cormm~ttee, to appear before Council at its next regular meetingI ~on Friday, May 8, 1936. I ' In this connection, the City Manager reported 845 cars checked for City automob tags, with 231 summoned to Court. INTR0~J CT ION -~I~D 00NSIDERATION OF 0RDINANC£S ~kU0 RESOLUTIONS: ~T ~'..[IDENING: The question of exchange of street right-of-way as proposed by the Roanoke Dairy and Ice Creem Company and submitted by C. E. Hunter, Attorney, ~.~having~l!i~ be~n discussed, .V.r. Comer offered the following Ordinance for its firs~ reading: (~4~99) AN ORDINANCE to provide' for the widening of Fairfax Avenue and Moorman Road, N. W., the abandonment of a part of a public alley west of ?th Street between Gilmer Avenue and Loormsn Road, and an exchange of properties to carry out said purpose. ( Full text of Ordinance to be copied after adoption The Ordinance is laid over. FP~HtLIN ROAD BRIDGE: The question of appropriating funds necessary for acquirin~ right-of-way for construction of bridge over the Virginian Railway track tat Franklin i{oad, was before Council, Mr. Bear offering the following Resolut ion: {#~794) A RESOLUTION making appropriation for funds incident to acquiring right-of-way for construction of bridge over the Virginian Railv~ay tracks at Franklin Rca d. ( For full text of Resolution see Ordinance Book No. 8, page ~? ). Mr. Bear moved the adoption of the ~esolution. The mot ion was seconded by ~r. Powe!l and adopted by the following vote: AYES: Messrs. Bear, NAYS: None .... O. Comer, Powell, and the }resident, BUILDINO CODE: The question Mr. Small ---4. of amending Section 148 of the Building Code with ~eference to fire limitation and fireproof buildings, was before Council, Mr. Bear ~ffering the following amendmen~ for its first reading: (,~ASO0) AN ~on~,.,NC~, to emend and reenac~ Section 1~8 of an Ordinance adopted iby the Council of the City of Zoanoke on the g6th day of ~ugust, entitled, "Building Code, City of Roanoke." ( Full text of Ordinance to be copied after adoption). MO ~ I0,,o ~UD LiISCELL~'d~EOUS BUSINESS: REGISTRAR: ~ communication from J. L. Almond, addressed to the City tSanager with reference Jr., Judge of the Hustings Court, to salary of the Registrar, was before Council. The City Clerk is directed to forward cody of the ccmmunication to the City Attorney for opinion and clarification of the Act as passed by the last Legislature i~and- to bring in proper Resolution or Ordinance at the next regular meeting of )~Counc~l- - approoriating the necessary funds for increased payment ~on~o~: The City i,[~ager brought to the attention of .~ ~ouncil request for ~ !additional app~x~pria~ion of .~0.00 for purchase of five tons of coal for the Almshouse, the present supply being exhausted; whereupon, Mr. ±owell offered the following ~. Ordinance: (~A~O1) AN ORDINanCE to smend and reenact Section ~61, "Almshouse" of an rdinance adopted by the Council of the City of Roanoke, Virginia, on the 28th, day of June, 1935, No. 45~7, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1935, and ending June 30, 1936." ( For f~ll text of Ordinance see Ordinance Book No. 8, page 450 ). Mr. Powell moved the adoption of the Ordinance. The motion ~as seconded by ~r. Comer and adopted by the following vote: AYES: Messrs. Bear, Comer, i-owell, and the iresident, Mr. Small --~. NAYS: None ...... 0. There being no further business, on motion of ~r. Bea~, Council adjourned until 131 132 COUN~L, R~ULAR MEETING, Friday, M~ 8, 1956. The Council of the City of Roanoke met in regular meeting in the Circuit Room ,'in the Municipal Building, Friday, May 8, 1936, at 3:00 o'clock p. m., the regular meeting hour. PRESCotT: Messrs. Bear, Comer, and lowell ..... 3. ABSE~: The ~ resident, i,~r. Small, and l.~r. Winn-2. The Vice-Chairnmn, idr. Comer, presiding. OFFICERS PRES~: Mr. W.P. Hunter, City Manger. L~I~ES: It appearing that a copy of the minutes of the previous been furnished each menber of Council, upon motion of idr. Po~ll, seconded by Mr. Bee=, the reading is dispensed with, and the minutes approved as recorded. H~P~NG OF CITIZENS UPOI~ PUBLIC iL'~TERS: STREET ',,"IDEi~NG: '..Mr. C. E. Hunter, .~ttorney, again appeared before Council in the interest of exchange of street right-of-way as proposed by the Roanoke Dairy & Ice Cream Company, and advised Council that his client would be willing to give a fee simple deed to the strip of land on Fairfax Avenue and Moorman Road, known as Parcel ~ne on the map, and a deed of easement for the triangle in the alley known as larcel Two on the map, the City to relinquish all rights, title and interest in Parcel Three shown on the map. After a discussion of the question, would be placed on its second reading in i~. Hunter was advised that the Ordinance the bes~ interes~ of the City. PETITIONS AND C0~INICATIONS: meeting having! 1 the regular order of business and referred to the City ~_ttorney for preparation of such deeds as in his judgment would be for P~LIC ~iELFARE: A comnaAnication from Reverend A. L. James, expressing his appreciation and accepting the appointment as a member of the Sub-committee of the Public ~elfare Advisory Com~.ttee, was before Council. The co~unication is filed. FR~Y~L!N ROAD BRIDGE: A cow,-unication from P. H. Bowman, Supervisor Res ettlemen% ~dministration, asking for a sixty days' extension in removing building located on '.lot on the corner of Liaple ~venue and Franklin Road, recently acquired by the City ~mfor right-of-way in the construction of the Franklin Road Bridge, was before Council~l ~0n motion of ~,~. Bear, seconded by Mr. Powell, the time for removal of the build _lng is extended until July 5, 1936, and the City Clerk is ~__~rected to so advise Mr. GASOLINE ST0'~GE TA~KS: k communicatiGm from the Clover Creamery Company, re- iquesting a permSt to install a lg,OOO gallon underground gasoline storage tank ill :rear of lot adjoining private railroad siding located at the corner of Nelson Street and Tazewell ~.venue S. E., was' befor~ Council, the City M~nager reoomm~nd.'i, ng that th~ permit be granted; whereupon, i.Lr. Bear offered the following Resolution: (#4805) A RESCLb~i0N grantin~ a permit to the Clover Creamery Company to i~tall one 12,000 gallon underground gasoline storage tank in rear of lot at the corner of i~elson street and Tezewell Avenue SA E. ( For full text of Resolution see Ordinance Book No. 8, page 455.). ~: The motion was seconded by ,¢ Mr. Bear moved the adoptioa of the Resolution. : ~ro Powell, and adopted by the follo~ng vote: AYES: Messrs. Bear, Come=, and ?owell ....... 3. NAYS: None ...... O. ( The President, Mr. Small and Mr. Winn absent ). CROSS-OVERS: A commnzmication from liuth T. Hupman, by Fowlkes and Kefauver, making application for a permit to construct two 30 foot cross-overs to accommodate filling station on the Northwest corner of ~.~m Avenue and Franklin Road, was before Council. The request, is referred to the City Manager for investigation, report and rec emmendation. CROSS-OVERS: ,, communication from C. R. Kennett, making application for a permit to construct cross-over to accGEnodate Droperty at 312 Uellington Avenue, South Roanoke, v~s before Council, the City Manager recommending that the permit be grant ed. Mr. Bear moved that Council concur in the recommendation of the City ~,;anager and offered the following Resolution: (/~4805) A RESOLUTION granting a permit to C. R. Kennett to construct cross-over to accommodate property at 312 Nellington :.venue, SOuth Roanoke. ( For full text of Resolution see Ordinance Book No. 8, page 455 ). Bear moved the adoption of the Resolution. The motion was seconded by ~£r. -ov.,ell, and adopted by the follo~ving vote: AY£S: Idessrs. Bear, Comer and lowell ---3. NAYS: None ...... O. CROSS-OVEHS: ~ co~.,munication from Y~lfred R. Hunter, requesting a permit to construct cross-over to accc~Lmodate property at 208 North First (Henry) Street, was before Council, the City Manager recommending t?~t the permit be granted. Bear moved that Council concur in the recommendation of the City Dianager and offered the following Resolution: {#480&) k RESOLUTION gr,nting a pe~,~it to ~lfred R. Hunter to construct a con- crete cross-over to accommodate his property at ~08 North First (Henry) Street. { For full text of Resolution see Ordinance Book No. 8, page ~55). l.~_r. Bear moved the adoption of the Resolution. The motion was seconded by ~Mr. }'owell, and adopted by the following vote: AYES: Messrs. Bear, Comer, and Powell---~. I~ NAYS: None ....... O. ~ t! HUSTINGS COURT: :~ communication from Judge J. L. ~lmond, Jr., with reference ,, 'to COS ' ,i t of law books used by the Hustings Court, was before Council The question l lis referred to the City Manager for investigation, report _and recommendation. ~ DELIN.~T T~: A report and recommendation from M. ~. Scruggs, Delinquent .i iiTax Collector, with reference to delinquent taxes due on Lot ~, Section g, Word MaD, tin the nsme of N. J. Kelly, was before Council, the Delinquent Tax Collector giving i~as his opinion that the unpaid taxes as now shown by the records should be paid. ~,.~ The City Clerk is directed to forward W. P. Kel_l.y copy of the communication and advise th_~.t Council concurs in the conclusions of the Delinquent Tax Collector. }dERC_Na~.~'S LICENSE: A request for transfer of iFerchant,s License Nos. 1006 and lOG? issued t_o E. P. Herndon and R. L. ~.;~illis, trading as Jamison Avenue Service Stat}on, '70~ Oth Street, S.E., to E. P. Herndon, was before Council. It appearing that the transfer does not constitute a change of location of business, and is for the purpose of dropping the Dsme of R. L. Willis who has re- tired from the business, l:!r. Powell offered ~he following Resolution: (#4808) A RESOLUTION authorizing transfer of !.~.erchant's License and Beverage 133 134 '.icense from E. Po Herndon and R. L. gillis, trading as Jamison Avenue Service St orion, !Stat ion. 702 - 9th Street $. E., to E. P. Herndon, trading as Jamison Avenue Service Book No. 8, page 457 ). ( For fUll text of Resolution see Ordinance Mr. Powell moved the adoption of the Resolution. The motion was seconded by Mr. Bear, and adopted by the following vote: AloES: Messrs. Bear, Comer, and lowell---3. NAYS: None ...... 0. !.~AERCHAi~T,S LICENSE: A request for transfer of Merchant,s License No. issued to A. E. Thomas, operator of stalls 21 and 23, ~trcade ~.~arket, to A. 1238, E. alld T " Thomas was before Council. The question is referred to tM City Manager for investigation, report and recommendation. MEI~SHAL.T'S LICEnseE: A request for transfer of iderchant,s License No. 1638, issued to Stella Thomas, tradi~ as Daws Cash Grocery ll6-13th Street, S. E., to M. O. Ferris, trading as Norwich Cash Grocery, was before Council. It appearing that 3.r. Ferris has been operating his business since January 1st, without license and steps having been taken to compel the prosecution of same, on motion of if.r. Bear, seconded by i~ir. Powell, the request is denied and the Commissione~ of Revenue directed to take necessary action for enforcement of license required cf and referred to the City i.~ana~ger for investigation, report and recommendation. ~0RTS OF OFFICERS: M. O. Ferris. .~,~'~?"~:'~'.~.~.- o LIC/2~SE: A reouest_ for transf~ of Merch~t,s Lice~e No. 2032, issued to H. L. ~os, Sta!_l 0, best ~cade Market to J. G. Holt, was before Coumil B~ORT 0F T~ CITY '~'" ~ · ~N~G~R. The City M~ager submitted report and expenditures for week ending ~pril garbage removal. The report is filed. of work accomplished 1936, showing fifty-five cents as cost .i M'~--~RC~','T'S LIC~SE: The City Manager submitted report on request of transfer of Merchant,s License No. 1~39, issued to L. A. Bowman, 319 - 9th Street, S. E., to .'~ ~ Lowell, recommending that the transfe~ be made. .~vMr. Powell moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (#4806) A RESOLUTION authorizing transfer of Merchant,s License from L. A. Bo~man,i ~319 - 9th ~treet S. E., to A. T. Lowell. ( For full text of Resolution see Ordinance Book No. 8, page ldr. Powell moved the adoption of the Resolution. 456 ) . The motion was seconded by ~M. Mr. Bea~, and adopted by the following vote: ! A_Y~S: Messrs. Bear, Comer, and Powel! ---3. NAYS: None ...... 0. MERCHA~,S LIC~'~SE: The City Manager submitted report on reques~ for transfer of to Merchant,s: License Eo. 1630, issued to Mrs. Lillie Stine, 23-8~ Street S. E., the C. T. and L'. Corporation, 8½ Street and Norfolk Avenue, and recommended that the ~,. transfer be made. Mr. Bear moved that Council concur in the re cor~mendat ion of the City Manager and offered the follo'~ir~ Resolution: ~ (#480'?) A RESOLUTION authorizing transfer of Merchant,s License from Mrs. Lillie Stine,E~.-~½ Street S E., to the C T. & ~ - . ,,. Corp orat ion. ( For full text of Resolution see 0rdimmce Book No. 8, page ~$6). !. Mr, Bear m~ved the adoption of the Resolution. The motion was seconded by Mr. lowell, and adopted by the following vote: AYES: Messrs. Bear, Comer, and Powell ---3. NAYS: None ...... O. CROSS-OVERS: The City Manager submitted report end recommended that permit to construct two cross-over, as requested by J. J. Scruggs, to accommodate filling station on 9th Street S. E., to be located on Lots 14 to 17, Block 3, Rivermont Development Corp orati on Land ~lap, be grant ed. ~nd Mr. Powell moved that Council concur in the recommendation of the City L, fanager offered the following Resolution: :i (#48021 A RESOLUTION granting, a pern~it to J. J. Scruggs to construct two cross- overs into proposed filling station on 9th Street 3. E., iland l?, inclusive, Block 3, Rivermont Corporation. to be located on Lots 14 BE IT RESOLVED by the Council of the City of Roanoke that a permit be, and is hereby granted J. j. Scruggs to construct two cross-overs into proposed filling station on 9th Street S. E., Rivermont Corporation. to be located on lots 14 and 17, inclusive, Block 3, Said cross-overs to be constructed according to the good liking and satisfac- tion of the City Llanager and under specifications to be furnished by kim. The said J. J. Scruggs by acting under this resolution agrees to indemnify and save l~rmless the City of lloanoke from all claims for damages to persons or property by reason of the construction and maintenance of said cross-overs. ~.Lr. Powell moved the adoption of the Eesolution. The motion re'as seconded by ~.r. Bear, and adopted by the following vote: A_w~ES: Messrs. Bear, Comer, and Powell ..... 3. NAYS: None ...... 0. LIC~qSE: The City Manager submitted the following report with reference to City! Automobile License Tags: "Belom~ is a report from the Police Department on City Automobile License Tags from April lB, to April 30, which I was requested to obtain by the City Council. Number $,~w~oned to Traffic Court .... 298 " appearing in " ". . . . 182 " fined " " ~' .... 65 " dis~_ssed_ " " " . ... 117 " failing to respond to summons. 16" In the absence of a full menbership the report is received and carried over for further consideration at the next regular meeting of Council. REPORTS OF C t$iLITTEES: DRUGS: The committee composed of Messrs. Bear, Powell, Hunter and Tucker, appointed to confer ~ith the Roanoke County Retail Drug ~ssociation with' reference to purchase of drug supplies for the City of Ro_~noke, submitted the follovdng report: "Your committee, to whom was referred the matter of the purchase of Drug Supplies and l'rescriptions for the City, beg leave to report that it has give~ consideration to the question, and ~ould recom~_~end that the Purchasing f~ent be directed to advertise for bids for Drug Supplies ~nd irescriptions to be furnished the Indigents, reserving the right to reject any and all bids. "It is contemplated that bids for the Prescriptions will be submitted upon a cost plus basis. It is further recommended that in letting the contract for furnishing the Drug Supplies amd Prescriptions, that the contract be for a period of one year. (Signed) RespectfUlly submitted: Jas. A. Bear, U. M. Powell, ,. P; Hunt er, P. H. Tucker," In the absence of a full membership the re~.ort is received and carried over for, 135 136 further discussion of council at its next regular meeting. UNFINISH~ BUSINESS: None. CONSIDE:LqTION OF CLAI~: ~ R0.~0KE :,AT£H U0~S C0~.~PA!-~: The City Clerk presented invoices from Burns and ~cDonaell amounting to $2,000.00 covering payment for engineering service in con- ,inecti°n with the i{oanoke ~'ater Works Company,s application for increase in rates, 'and submitted copy of the executed contract providing for ,payment of the said -mount upon execution of the agre~'nent. Another payment of ~4,000.00 ~',ithin thirty days after conunenoement of the work by the Engineeri~ Company, being due in accordance with agreement, and request havin~ been made for clerical service in accordance ~rlth the agreement, it was the consensus of opinion that an app~'opriation of ~6,~00.00 should be made at this tim~; Whereupon, ~,.r. Bear offered the follo~n~ Hesolution: (j4809) ~£::C'LU TM ,~ .~, appropriati~g funds for employment of engineering expert service in connection ~ith the Roanoke Water Works Company, s application for increas- ed rates. ( For full text of Resolution see Ordinance Book No. 8, page 457. ). k~r. Bear moved the adoption of the Resolution. The motion ~','as seconded by llr. ~ovJell, and adopted by the following vote: "~ ~ Bear, Comer and Po~ell .... 5. .iYES: ~,e~s~s. , None ..... 0 ............ '~ 4799 providing for exchange-of STREET ~'~q'~,,~'::c'.. The follo~'~Lug 0rd~nauce ~,,o. street right-of-%~ay and alley as proposed by the Roanoke Dairy & Ice Cre~ Company, previously discussed un, er "Hearing of Citizens,', was ag~n before Co~cil, being offe~~ed by Lit. Bear. : (~4799) ~ 0RD~LbNCE to provide for the ~iden~ of Fairfax Avenue and Moo~ Road, H..., the abandonment of a part of a public alley West of ?th Street between Gilmer Avenue and I..'_oorman Road, end an exchange of i:,roperties to carry out said put,os e. For full text of Ordinance see Ordinance Book No. 8, page 450 ). ~.r. Beer moved the adoption of the Ordinance. The motion was seconded by l,&r. Po~ell, ~nd adopted by the following vote: AY~'~_~: ~essrs. Bear, Comer, and ~'owell .... NAYS: None ..... O. The City Clerk was directed to for¥~ard copy of the Ordinance to the City Attorney · ~for preparation of deeds as in his judgment would be for the best interest of the Ci3y. BUILDIN,G CODE: The following Ordinance No. 4800, havin~ ~reviously been introduced, read an~ laid over, amending Section 1~8 of the Building Code, ~','as again before Council, L~'r. Po~ell, introducing same for its second reading: (~800) ~ 0RDIN:~,~CE to amend and reordain Section l&8 of an Ordinance adopted by~ the Council of the City of Roanoke on the 26th day of August, 19ES, No. 95~, entitled, "Building Code, City of Roanoke." i~ ( For full text of Ordinance see 0rdin~nce Book No. 8, page ~5~ ). 1 Mw. Po~ell moved the adoption of the 0rdirance adopted by the following vote: AI~S: Messrs. Bear, Comer, an~ Powell .... 3. NA?S: None .... 0. The motion was seconded by }~r. Bear, and SEWIER AND SIDETiALK ASSESSf.f~ITS: and Sidewalk Assessments from office of the City Clerk to the office of Tax Collector as drafted by the City Attorney at the request of Council meeting, was before the body. A proposed Ordinance for transferring Sewer the Delinqu at a previo~ In the absence of a full membership, on motion of ~,Ir. Bear, the carried over for consideration at a later date. MOT[ ONS fuND MISCEI.?,~JqEOUS BUSINESS: 0rdine~ce is CITY TREASURER: Mr. C. R. Kennett, City Treasurer, appeared before Council and submitted report of collections for month of April, 1936, showing $E8,359.30 col- lected as compared with $37,165.48 for the same period of 1935. The report is ~I led. In a discussion of unpaid taxes, particularly with reference to the R. H. Angell Estate, the City Treasurer is directed to confer ~th the Judge of the Hustings . ,nt Court and re~ort back to Council result of conference. BUDGET-~VENILE HOME: A communication from J. W. Lindsey, Clerk of the Juvenile and Domestic Relations Court, asking for transfer of funds appropriated in Budget for fiscal year ending June 30, 19 36, from "Repairs Account" to "Lsaxndry and supplies- for the purpose of renovating msttresses at the Juvenile Home, it being estimated the cost for this item will be $46.25, was before Council, the City Manager recom- mending that the transfer be made. Mr. Powell moved that Council concur in the recommendation of the City Manager offered the following Ordinance: (#4810) AN 0RDIN~CE to amend and reenact Sectiau #65, "Juvenile Detention Hone", of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on "An Ordinance making aporopria- the 28th day of June, 1935, No. 4547, aud entitled, . tions for the fiscal year beginning July 1, 1935, and ending June 30, 1936." ( For full text of Ordinance see Ordinance Book No. 8, Page 458. ). Mr. Powell moved the adoption of the 0rdimnce. The motion was seconded by Bear, and adopted by the following vote: At~S: Messrs. Bear, Comer, ~nd PovJell---3. NAYS: None ..... 0. ROA2~0KE iJATER ~'JJORF~ C0~ANY: The City Mauager brought before Council a re_~est by Burns and McDonnell for clerical assistance in their work in connection with the Roanoke Water ~orks Company's application for increased rates. The question is referred to the City Manager for report at the next regular ljmeeting of Council on Friday, May 15th. PARKS AND PLAYGROUNDS: The City Manager presented plsm layout and of the South ii. Roanoke Park, as submitted by ~tr. A. A. Farnham, landscape architect. The plan was reviewed by mombers of Council present, objection being raised to traffic l~es included in the park, and carried over for further consideration when a full membersblp of Council is present. There b~ng no further business, upon motion of N=r. Powell, Council adjourned. APPROVED ~_~ Preszdent 137 .138 COUNCIL, REGULAR MEE~ING, Friday, May 15, 1936. The Council of tile City of Roanoke met in regular meeting in the Circuit Court !!Room in the 1,~unicipal cuilding, Friday, I, iay 15, 1936, at 3:00 o'clock p. m., the '~regular meeting hour, following an hour,s consideration of the Budget for fiscal year beginning July l, 1936. PRES~T: ~,!essrs. Bear, Comer, lowell, ,,inn, and the ~resident, i.,;r, Small --5. ARSENT: None ..... O. The tresident, Lit. small, presiding. 0FFICLRJ FRESiD!T: ]'.~.r. ,,. ?. Hunter, City l~lanager. .~.~::~-~=o: It appearing that a copy of the minutes of the previous meeting having been ~]ar~Lished each member of Council, u?on motion of L;r. ] dwell, seconded by ~.,ir. Bear, the reading is disl~nsed with, and ~he minutes approved as recorded. HEARING OF CITIdEI~S U_~:I'! i UBLIC i.~iTTERS: uR~u.u~"~'$ LIE~.._,.oE: Judge John ~..o Hart, Commissioner of Revenue, appeared before Council askin:j that question of transferring ;~erchant's License from Stella · ' ~" Ferris be reconsidered in viev~ of the fact that i,,Lrs. Thomas used Th0~ts to ..~. ~. the license for only a few weeks. In a discussion of the qusst~on it was the consensus of opinion that the best ~';ay to handle the question ~';oulG be to make refund to ~,,~rs. Thomas and compel Ferris to i.,u~'chase nev~ license in that he has been operating a mercantile business since Janua~j 1st '~'~ithout license. The City Clerk is directed to draft resolution and b~q_.i'~g before Council for consideration at its next regular meeting, in the meanti~m to confer -~ith the City Lttorney on the question of pro-rating refunds. SEYER :ilfD oIDE~;~ ........... ~"~' ~o,~oo.~.~o. ].Lr. John G. Challis, Attorney, appeared before Council with reference to Se~er Asses~.uents against Lots 11 and 12, Section 30, Hyde ~ark, no~'~ in the name of C. A. Puckett, a4vising that during the yea~ 1920 he ~'Jas enployed to abstract title of the property, then in the _n__~me of Gordon Develop- ment Corr~_~any, and that the City Clerk at that time referred no assess~nts, as evidenced by his abstract, and now after sixteen years C. A. Puckett, the present 'o~'mer, has received notice of assessments amountimg to $34.~, with interest from l,,iarch 1, 19B5. !.~. Challice asked in view of the circumstances that Council release the assessments. The President, LLr. Small, advised that this was one of several similar incident~ w. here abstracting of title has shown no Oewer or ~idewalk Assessments; that Council . is no~,; giving consideration to the ~hole Sewer and Sidewalk Assessment question and will in the near future adopt a policy for the handling of same, that if ~.Lr. Challice ~'Jill write ~dr. James, the present Clerk, giving stat~nent of the particulars, ~hen - ideterminstion of !olicy is adopted this assessment ~ill be given the same conszdera-~ as others of similar nature. ' , '~ ~ · First Lieutenant Company "M" ll6th Infantry : LiILiT~RY ~0L~=~.I~S S. R. Morris, ~Virginia ilational Guard, appeared before Council in the interest of the formation of another military company in the City of Roanoke, advising a company now established .at iiartinsville will be transferred to sene other location and that the same can be iestablished at Roanoke, provided suitable place for drilling can be secured, and :asked permission to use the City Market Auditorium, signifying his willingness to pay e rental charge of $25.00 per month, also estimating that the establishment of the additional military company in Roanoke would mean an additional revenue of approximately $10,000.00 per year to the City from Federal support. After a discussion of the question, upon recGnmendetion of the President, ~Ir. Small, the o_uestion is referred to the City Marmger for investigation, report and rec~endation to Council at its next regular meeting on Friday, May 22, 1936. SW]2,ib.~NG POOL: Robert H. Hale, colored, appeared before Council advising that as a result of stringent rules and regulation~ laid down by the Health Officer he was having difficulty in completing the swimming pool near Washington Park, prev'iously authorized by Council, and asking-' for some assistsnce in piping water from the spring in Washington ~ark to his pool no~v under construction. After a discussion of the question, Hale was instructed to ascertain v~here he could buy the pipe and to then confer with the City Manager for further advice. SIGNS i~ID BILLB0~%RDS: J. £. Ki~inger, properitor of Kittinger's String Shop, 19-23 East Church ~venue, appeared before Council in the interest of erecting sign in front of his place of business, having b~en refused a permit for same on the ground it would have to be electric lighted. ~.~. Kittinger complained that the I City Building inspector has been issuing permits for the erection of signs without l electric lights but had refused him a permit, and in support of his claim submitted list of concerns who are displaying signs in front of their business contrary to the rules and regulations laid do~n by the Building Inspector for the issuance of a permit for his sign. After a further discussion and filing list of names above referred to with the Clerk, the question is referred to the City l~anager for investigation and report to t~Council at its next regular meeting on Friday, ~;~ay 22, 1936. COUi~,~CIL: Hearing of Citizens Upon Public ~.iatters having been disposed of, the ~!President, t~Lr. o~all, stated at this juncture, and before preceding to the next llorder of business, he wished to call official attention of Council to the return tel the "prodigal son", lit. Winn, who has for some time been absent fram Council meetings acco~,_nt of illness. Mr. S~all ~;elcomed ~Lr. Uinn back to Council, expressing the wish that he might be able to attend Council sessions regulmrly. PETITIONS ~KD COMMUNICAT IONS: CROSS-OVERS: A communication from J. 0. Mitchell making application for permit to construct cross-over to accommodate property at 327 Luck Avenue, S. ,q'., was tbefore Council, the City Manager recommending that. the permit be granted. ~.~Lr. Powell moved that Council in the recommendation of concur the City Manager l~and offered the following Resolution: (#4811) k RESOLUTION granting a parm~t to J. 0. Mitchell to construct cross- over to accommodate property at 527 Luck Avenue S. W. ( For full text of Resolution see Ordinance Book l.Jo. 8, page 458 ). Mr. Powell moved the adoption of the Resolution. The motion v;as seconded by ~ro ~omer, and adopted by the following vote: AYES: Messrs. Bear, Comer, Po~.ell, Winn, and the President, ~. ~?.all --5. NAYS: None ...... 0. Y.0h~iNG: A cGnmunication from ,,. B. Carter, Presideat of the Virginia Heights- Raleigh Court Civic League, ex~ressing thanks and appreciation for Council in refusing to grant recent request; to ~mend the Zoning Ordinance for clmnging property .! on Virginia Avenue from Special Residence to Business classification, was before 139 140 Council. The c c~munication is filed. ~ ZO~,~ING: A ccmnnunication signed by John ~. %'aynick, Jr., and W. ¥;. Draper, re- ~questing amendment of the Zontn~ Ordinance to change property from Residence to !Business District, known as Lots 1, g, and 3, Block O, on the corner of Janette !Avenue and Franklin Hoed, and Lot known as 1701 Franklin Road, was before Council. !The request is referred to the Board of Zoning Appeals for investigation, and rec mmondation. report RO:~01'[E TUBE.RCL~LOSIS ASSOCLkTION: A c_~mmunication from the Roanoke Tuberculosis Association, endorsing the reconmendation of the Academy of I..~edtcine ~ith re~ard to continuance of a !~art time city chest physician and building a municipal sanatorium.. ~-for the care of Roanoke's indigent tuberculosis patients, was before Council. The City Clerk is directed to ac kno;','l edge receipt of the communication and to advise that consideration of tills question ~'rill be given in preparation of the Budge~ for the fiscal year beginnir~s July 1, 19~6. ~ BOYS' .~,'~D'" GIRLS' -,.~i2~:'~' ~ ~' communication,_ together with financial statement showi~ g~ receipts and disbursements for Boys' and Girls' Week, held in the City of Roanoke, April 25th to >.vay 2nd, 1956, was before Council, the said statement showing balance on hand of ~13.07, the general committee recommending that the unexpended balance be returned to the ~it~ Treasury with the hope that City Council will be favorably dissosed to again assist in this ~'ork next year. The City Clerk is directed to ask that the $15.07 be returned and that the question of assistemce next year ~ill be given consideration at the proper tin~. R'~7~J![DS ;d',~D.~,,~[~'::~:,~'~"e-"';.~oew:',~'~'S~ ...~,~.~.~,_ LICENSE: k co~ication from the Commission ' of Hevenue re%uesting refmnd of ,$10.00 for p~fessioDs], lice~e issued to Buhl Optic~ Company, or, erated by L!. :,. Pugh Comply, v;as before Council. The reouest is referre~ to the City !.i~nager for investigation, report and reeo~dation. ~ R~0RTS 0F O~tCERS: ~: REFOET OF CITY L~,iAGER: The City Manager submitted a report on work accomplished and ex!~enditures for ~eek endia5 May 7, 1936, s~%?-i~ cost of Garbage remval 5$~ per cubic yard. The re-~ort is filed. ~. ~',~ mhe Git l.~anager submitted co~unication a~E1 PURC!LtSIN:~ ,.G~.,~. - :;CH00L COfJ~: _ y draft of specification, as submitted by the Purchasing f~gent, covering purchase of coal for City Schools for the session, 1936-37, calling particular attention to change in Zhe specifications from last year, pzovidinc for the ~eighing of the coal, leaving it optional '~ith the City to ~eigh the coal on the City scales, or placing man at the scales of the seller to check the weights. ~ controversy havLng arisen as a result of coal purchased last year, on mot ion of ?.Lt. Bear, seconded by !.ir. Powel! and unanimously adopted,, the specifications shall contain p~Dvision "That coal purchased for schools shall be weighed over the City scales.;' CR0oo ~~: _.he City U_anager submitted re_[,crt and recommmndation that applica- tion of Ruth To Hupman, for a permit to construct cross-overs to accommodate fillingll station at the Zorthwest corner of ~m ~.venue and Franklin Road, ~. ','. be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager and offered the following resolution: (,~/4812) A RE~0LU?!0I[ granting a p ~' er:~mt to Ruth T. Hu]pman to construct, two thirt~ [foot cross-overs to accom.~odate fil'~' ...... ~z~,~ station on ~n~ i~lorth~'~est corner of Elm Avenue and Franklin Road, S. ( For ~ull text of Resolution see Ordinance Book No. 8, page 459 ). Mr. Bear moved the adoption of the Resolutions. The motion was seconded by Mr. Comer and adopted by the following vote: ATES: Messrs. Bear, NAYS: None .... 0. Come r, Powell, Winn, and trm President, Mr. Small---5. ~CtASIT'S LIC~ISE: The City Manager submitted re'port and recommended that Merchant,s License ~1838 issued to A. E. Thomas, Stalls gl-~, We~ ~cede ~arket, be transferred to ~. ~. and T. 5[. ~o~s. 4tr. Bear moved that Council concur in the recommendation of the City M. anage~ and offered ~he following resolution: {#~8131 A RE~x~Lb'TION autho~q_.zin~ transfer of Lierchant's License Ho. 1~38 issued on the ~lst day of January, 1~6, to A. E. Thomas for operation of Stalls ~1 and £~, ~'~'cade Market, to :~.. E. and ~ ~ · ...~. Thomas. ( For full text of Resolution see Ordinance Book No. 8, ~'age 459 ). ~:.Lr Bear moved the -' ~ ~ · aao~:tion o: the resolut ion. and adopted by the follo%';ing vote: The mot ion %'ms seconded by !.tr. AYES: ~.iessrs. Bear, Comer, Pot;ell, :.inn, and the i'resident, ':r. Small --5. NAYS: None .... 0. :.~'~'~:~::~ ~; LICE~,:oE: The City ,.',amger subr~tted re'~j:ort and recontmended that ~..erchant,s License F20o2 issued to H. L. Arzos, Stall fi6, transferred to J. C. Hol~. Uest Arcade i.'iarket, be It occuring that J. O. Holt has not as yet paid his license for operation of public markets, it ~.~as the concensus of opinion of Counc il that this ~ ,...er chant, s License should not be transferred, and the City Clark is directed to confer ~ith the City Attorney to ascertain if Council would be within its rights in refunding all or any-part of the license issued to E. L. Amos. REGISTR~LR: A reDort from the City Atton~ey with reference to increase in salary, of the Registrar, as provided for by an Act of the Legislature of Virginia al~proved February 3, 1936, whick Act is an e~rgency and retroactive, ~as before Council, it being the opinion of the City Attorney that it would be necessary for Council to a'opropriate sufficient funds for !m~ent of rids increase. ~'~q~ereuD~on, i.;r. Bear of- .feted the following Ordinance: (#4814] _~,! ORDIILQ,ICE to emend and re-enact Section #26, "Central Registrar", f an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th i:dayof June, 19~5, No ~54~, and entitled, . · "An Ordinance making sD_propriations for ithe fiscal year beginning July l, 1935, and ending June 50, 1936." For full text of Ordinance see Ordinance Book No. 8, page 460 ). Mr. Bear moved the adoption of the ordinance. ?owe!l and adopted by the following vote: The motion was seconded by !~.~. A~ES: Messrs. Bear, Comer, Powell, Winn, and the Presidemt, Mr. Small ---5. ]}IA_o: None ..... 0. j .~AISCELI2d~EOUS: The hour of 4 o'clock having arrived, Mr. ~Jinn asked to be .~xcused on orders of his physiciam. ~.~, ]! C0~.~'~ISSI0~m~ER OF REVENUE: Llonthly reoort from the Commissioner of Revenue for the honth of .koril, 1936 was before Council showi~g collections of $146,380.57 to date, as compared with $133,574.59 for the same period last year. The report is filed. ~i CML ~:/TD POLICE JUSTICE: At the request of Council, Judge Harris S. Birchfield, ~ivil and Police Justice, a~:peared before the body, the President, Mr. SmaLl, statin~ ,' at the reques% of Council, the City Manager had submitted report as c Gnpiled by the ~i 141. 142 Police Department, of activities in connection with the City Automobile License Tags !from April 15th to April 30th, 1956, showing 117 dismissals out of 298 summoned. The President, Err. Small, also called attention to 67 arrests for violation :of the dog In dismissing the question, unable to say why law with 43 fines remitted and'10 cases dismissed. Judge Birchfield explained that while he was individual cases had been dismissed, it was his personal knowledge ~that the police have been summoning a number of persons who already had tags and had ipossibly failed to put them on their cars; that others had been summoned who live the county and give .their city business address when purchasing State tags. As to the dismissal of arrests for violation stated that these dismissals were, in most cases, at of the dog law, the request of the violators as a rule, being in dire circumstances. In closing the discussion, the President, Lir. Small, stated it was Council,s thought that the drivers have had ample warni~ and time for the purchase of their City License tags and were entitled to no special consideration, and that unless fines are imposed on flagrant violators, they re'ill feel they have a right to break the law year after year. The Police Justice promised full co-operation v;ith the l~olice Department in the enforcement of the automobile license. Judge Birchfield the Game ?;arden,i~l I T?~iFFIC: Judge Harris S. Birchfield reported that his sub-committee on c:, dificat ion of traffic ordinances ~as still at ~.'~ork, but has not had time to complete the job as yet, and called attention to the traffic survey now bein~ made in the City of :~o~moke, 'ahich he suggested Council might like to cons~er before printing the ordinances. STRW~.T UIDE!~NO: The City ~.ttorney submitted x'~ritten opinion with reference to ~dening Fairfax ~venue -and Koorman Head and the abandonment of a part of an alley west of "/th Street betv~een Gilmer Avenue and id. oorman Road as proposed by the Roanoke Dairy and Ice Cream Company, it being his opinion that the 0rdinauce and deed meet the City's requirements. The communication is filed. ~_~,_.,~_.,_. Health Department submitted report for the month of April, 1936. The re~or~ is filed. P~0RTS OF 00 ~.&~TTEES: DRUGS: Written re?crt from the commSttee appointed to confer with the RoanoP~ Cou.uty Retail Drug Association, with reference to purchasing drug supplies for the City of Hoanoke, previously before Council ,, ~as again before the body. At the reQues$ of ilr. Bear, the report; is laid over until the next; regular meeting of Council. UNFiNISPLED BUS I~SS: 0~ICE EOjJIPE~T: On motion of ilr. Bear, s e c end e d by Lir. Comer an d unanimously adopted, the Cmty :.~anager is directed to request the Purchasing Agent to furnish Council inventory of typewriters now in use by the City of Roanoke showing make, date of purchase, office in use, and general condition of the machines. CONSID~TICN OF CLAIMS: None. INTR0i~ CT iON ~ND ~NSIDERATION OF 0.,DINANC,.,o LND RESOLUTIONS: F~R[LII-! ROAD BRIDGE: The City Clerk reported as a result of the award by thru Commissioners in the condemnation proceedings of the Griggs Packing Company amounting to ~,£00.00 acquired for right-of-way in the const.mction of the Road Bridge over the Virginian Railway tracks, it ~ould be necessary to supplement i~the appropriation provided for in Resolution No, 4?94, adopted by the Council of the i: pr op art y ~l Franklin! City of Roanoke on Friday, May 1, 1936, amounting to $1,~00.00, as the shove Resolution only provides for ~2,000.00 for the parcel of land in' Question; whereupo Mr. Comer offered the following Resolution: (~4815) A RESOLUTION supplementing appropriation $1,200.00 for funds incident to acquiring right-of-w.ay for construction of bridge over the Virginian Railway tracks at Franklin Road, as provided for in Resolution ilo. 4794, adopted by the Council of the City of Hoanoke on F~i day, ~.iay l, 1936. ( For full text of Resolution see Ordinance Book Mo. 8, page 460 ). Mr. Comer moved the adoption of the Resolution. The motion was seconded by Bear, and adopted by the following vote: AYES: ~.lessrs. Bear, Comer, !:owe11, ami the ]resident, ~,~r. ~mall --4. NAYS: None ..... O. ( Fir. Winn excused ) :! i In this connection the City ~.~anager and City Clerk are dLrected to bring before Council at its regular meeting statement showing property acquired for right-of-way lin the construction of the Franklin Road bridge, the said amount to show number of plat to correspond v~ith numbers sho~ on blue print previously prepared by the Engineering Department and cost of each parcel of land. SE?ER ,'~I~D SIDEi:AI~[.~,~:.~,~-'~'-~:~°'-'~'~' ,:,: The Question of transferring uncollected Sewer and Jide~alk ,~ssess~:tents from the office of the City Clerk to the Delinquent Tax Department, having previously bee~t before Council, discussed end referred to the City ~ttorney for drafting of Ordinance for transferring same, was again before the body. In a further discussion of the question, Lit. Bear stated that he was in accord ~'ith anythin~ to be done in working out a solution for the collection of these assess~.~nts, but it ~';as his opinion that Council has acted hastily, it being his opinion that Council and several of the officers interested in the situation should hold an executive meeting and go into the matter a little ~_ore thoroughly,than has probably been done, suggesting that until this was done no action be taken. The ~'resident, ~. Small, suggested the situation n:ight be met by putting the Ordinance on its first reading at this ti:~.e and to later amend or supplement the Ordinance as may seem necessary when it comes before Council for its second reading a nd a d opt i on. The Question was discussed briefly, L.~r. Comer a~xi LM. Powell expressing the thought that the ~npaid assessments should be transferred to the Delinquent Taw .~Departme~nt and that policy for collection of same to be discussed and determined at a later date. -Mr. Bear stated he ~ould be willing to support the measure on its first reading w. ith the understanding that the question be given further consideration before fSnal~ adoption; whereupon, ~DLr. Powell moved that the following Ordinance be placed on its first reading, which motion ~as seconded by ~,!r. Comer and unanimously adopted. (#~818) g2XI 0RD'rI'~.~t'CE to t~2ansfer all uncollected sidewalk and se~rer assessn~ents and all such assessD~eats which may be made hereafter and all records, date and ' information relating th~eto from the office of the City Cler'k to the Delinquent Tax.' Department, created by Ordinance No. ~_~80, passed November ~, 1~, and to repeal all ordinances a~d parts of ordinances in conflict ~ith this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that all u~ueol!ected sewer and sidewalk assessments and all records, data a~l_ statistical information rela~ing thereto be, a~d the same are hereby transferred from the office of the City Clerk 143 144 to the =DelinQuent Tax Department" of the Cit3~ ereated by Ord.inance 1IOo 4580, ,, passed. Novem~ber 4, 193~, and the City Clerk is hereby direct~ed to l~zrn over all sud uncollected assessments a~rt all records and papers in connection therewith to said Delinquent Tax Departmont and the said. Department shall receive, oolleot and accourr for tho same as provided by Ordinance No, 4580, and the City Auditor is hereby directed to make such checkup and audit of the uncollected sidewalk and sewer assessments and the present status thereof as may be necessary in making the trans- fer aforesaid. BE IT FL~RTt[ER ORDAINED by the Council of the City of Roanoke that all ordinenc and parts of ordinances in conflict with this ordinance be, and the same are hereby ret.ealed. The ordinance is laid over. fron the National Board of Fire Uuder~riters, together v~ith report No. 43, dated April, 19~6, on fire prevention and engineering standards for the City of Roanoke. B'Jo Ih ..oo ' ~0,1uNo AND L[ISCELLANEOUS : FIRE PROTECTION: The President, Mr. Small, brought before Council comicatio~ The City Clerk is d~ected to acknowledge receipt of the co~ication and ask t~t ten copies of the re~ort be ~rms~ed for distribution to memb~s of Co~eil, one eo~y go dpoe~al Counsel handling ghe Roanoke Wa~e~ ~'orks ~ago Caso and OhO copy to Btu-ns :~ L:cDonnell ~' ~' ' ~, . _ ~ ~gmneermng Come,any, any ex~.e~e incident thereto to be a~rp~o_~ria'ted by Council. VIRGIi,.rIA STATE ~PL0~:LEI~ Sw~VICE: The President, Idr. Small, brought before Council exchange of con~unications v~ith Congressman ;;oodrum in connection with establishment of National Reemployment Service in Roanoke, of additional info~ation that if proper Resolution from Council is forwarded to ~. _~.-' Cavedo, State Director, National Reemployment_ Service, Richmond, Virginia, stating he was in rece tho Federal Government would in all probability lend financial aid to the project. The City Cle~ is directed to draft proper Resolution and brin~ to Council consideration at its ne~ regular meeting. DOGS: LLr. Po'~ell brought to the attention of Council the question of irmumerabl'e complaints he has received deali~ uith the dog question, particularly since the prevalence of rabies in the City of Roanoke, and suggested that the City :..'.anager be directed to confer ~ith the Health Officer with a view of placing the forty-five da~ quarantine on do~s throughout the City. The City r.ranager advised that since receipt of positive report of dog's head sent to Richmond, a quar~_u_tine had been olaced in the City for the territory south · of the Roanoke River, After a further discussion of the question, ~.~ir. Powell moved that the City Manager be requested to extend the quarantine to embrace the whole City, and if -necessary that the Game Uarden be given sufficient assistance to enforce the quarantine either from the 'police force or by requesting the Game Supervisor to furnish additional help in Roanoke. ~ne motion was seconded by Mr. Comer and unan~ously adopted. RECREATION DEI~A~:"~T. A ccmmunication from the Recreation Director addressed to the City Manager, tabulating proposed schedule of charge for baseball and softbaL[. for the season 1936, was before Council The schedule was discussed briefly, ~Lr. Comer commenting that in order to i:dispose of the question, moved that Council approve the charges as outlined by the Re drear i on Director with the City Manager,s approval. and unanimously adopted. The motion was seconded by HUSTINGS COURT: The the Hustings Court Hecta, fans. City 1/anager submitted report and prices a price of $264.00 having been submitted for vent ilating for ventilating The City Clerk is directed to ascertain if there is sufficient unexpended balance in the Hustings Court Account to pay f~r the cost of this work without appropriating additional funds, and regort back to Council at its next regular meeting on Friday, May gg, 1936. BUDGZT: The City ~anage~ brought before Council a request for :~100.00 supple- mentary appropriation for supplies under "Maintenance of ~-~ewers and Drains" Accoun~ No. 71, and ~100.00 additional appropriation for supplies under "Street Repairs", Account,,,o'. 7&, recom~ending that the additiorml appropriation be made. . Mr. Bear moved that Council concur in the reco~_~endation of the City Manager follov~ing emergency Ordinance: and offered the (y~4S17) f~ 0RDINA'~ ~CE to amend and re-enact Section ;~71, "Maintenance of Sewers and Drains" and Section ~74, "Street Repairs", of an Ordinance adopted by the Council of the City of Rosnoke, Virginia, on the ~th day of June, 19~5, No. 4547, and entitled, "An Ordinance N~king appropriations for the fiscal year begin- ning July 1, 1935, ~nd ending June 30, 1936." ( For full text of Ordinance see Ordinance Book No. 8, page 461 ). Mr. Bear moved the adoption of the 0rdinsnce. The mot ion was seconded by Powell, and adopted by the follo~ing vote: AYES: Messrs. Bear, Comer, Powell, and the P'resident, NAYS: None ..... 0. Sma 11 ---4. 2~!RPORT: The City Manager reported that rent on the f~irport, due by Reynolds and Lemon who had promised to pay same on L:ay 1st, had not as yet oeen paid. The question was discussed pro and con with respect to a ne~,~ tenant at the Airport, l'~.~r. Comer suggesting at one time Mr. W. K. Andrews, Jr., was interested in leasing s~Ee. The President, ~. Sm~ll, recommended that Council request the City ~..:anager to communicate v~ith ;:..ir. Andre~s mith a vie~ of ascertaining whether or not he would be interested in l~asing the ~4irport. There being no fUrther business, on motion of !..:~. Comer, seconded by Mr. Powell, Council adjourned until 7:30 o'clock p. m., ~&onday, ~iay 18, 1938, for further c onsiderat ion of the Budget. ~PPROVED 145 14'6 COUNCIL, P~DULAR I;~EETING, Friday, May 22, 1936. The Counc Ll of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, ~riday, May 22, 1936, at 3:00 o,clock p. m., the regular meeting hour, fo!lowix~ an hour's consideration of the Budget for fiscal year beginning July l, 1936. Messrs. Bear, Comer, I~owell, and the President, Mr. Small ---4. ljr. Winn ...... 1. The President, ~d~~. ~dma~l, presiding. OFFICERS ~iE$21fi': Mr. ;,'. P. Hunter, City ilanager. ~.=..~.~o: It appear~ tha~ a copy of the minutes of the previous me et i ng ha ving been x~urnished each member of Council, upon mot ion of i.~. Bear, seconded by ~ir.. Po%;ell, ~he readi~ is dispensed ~ith, and the minutes approved as recorded. H~i~T?''''_u.,~-, CF CITIZ~,'S L~FON PUBLIC flATTERS: Clayton Lemon, re'presenting Reynolds and Lemon, operators of the }£unicipal :~irpor~, appeared before Council ~ith reference to payment of delinquent rent and interest charges due the City of Roanoke, the .Sity :.~ana~er advising that interest _rayment had been ~mde and all rent Iz~id up to May 1, 1936. ~e:..on advised Council that he and his ~,.~rtner, Frank C. Reynolds, are now negotiating for disolving the ?artnership, and that either he (Le.~on) or Reynolds ~ould in the ve~y near future assume individual responsibility for rent of the Airpowt, and as soon as the negotiations have been completed he will come before Council and present Troposition for continuation as operator of the Airport. The i'resident, ;2r. o:m!l, stated if !2r. L~non would appear before Council with some definite proposition prior to June ?th, action for enforcement of payment of past due rent v~ou%d be withheld until that time; that Council will be disposed to ¥;ork out some arrar~2e~ent if, and ~hen, the proposition is presented, ~ith a vi6w of meeting him half %~ay, stati~g further if the present operators are u~able to work out their proposition prior to June ?th, and assume prompt payment of rent Council ~ill in all probability consider leasing the Airport to some other operator. SIGNS A~,ID BILLBOARDS: Mr. J. E. Kittinger, Proprietor of Kittinger,s String :1 Shop, appeared before Council in the interest of erecting a sign in front of his ii i~lace of business, ~hich question ¥~as before Council at its last meeting and referred to the City Manager for investigation and report. The City Manager presented report as submitted by D. P. Magann, Building and Plumbing inspector, t,Lr. Magann personally aI:.pearing in the interest of the question.! The report submitted tabulated findings on the individual cases previously re- ported by i/~. Kittinger with the advice that "no person, firm or corporation has a permit from this office to violate any City Ordinance, and if violated they are resp onsi ble." k%r. -~ttinger in com~entim~ on the question asked that the ~mpression he was makin~ complaint against merchants violating the Ordinance be clarified, stating his complaint was that he was at a loss ~o understand ~hy other firms had been extended .the privilege of erecting signs which does not conform to the Ordinance and refusal ~of the Building insp ~ ~ ec,o~ to grant him a perait for the erection of a si~ailar sign. ?-,ir. Kittinger presented list shc~ing t~enty-nine additional names with signs L erected in violation of the Ordinance in que st ion. The City Manager for investigation, report and recommendation question is referred to the to Council, with a vie~ of amending the Building Code sffecting the section under controversy. DELIN%UI~IT Tf~V~.'S: Mr. C. ;i. Brammer owner of Lot 23, Section 29, Belmont, ap- peared before Council in the interest of refund of taxes paid in accordance with agreement reached with Council on April 10, 1936, and referred to M. J. Scruggs, Delinquent Tax Collector, for proper Resolution. At the request of Council, Mr. M. J. Scruggs, before the body advising that the taxes had been paid as agreed on April 10, 1935, ~whereup°n' he was requested to furnish the City Clerk necessary and proper informa- tion fo~ drafting Hesoluttca authorizing the refund. PETITI OHS .'J.[D C Ok~..dtFNI CATIONS: Delinquent Tax Collector, appeared ROA!DKE GAS LIG~DT C0~.,~'~IY: Application for permit to open street on Staunton '.~,venue, iJ. ',','., East of 10th Street, from 910 to 901, between curb and side~alk on [ ~outhside, of street, for purpose of ]eying_ a 4 inch gas main approxin~ately 150 feet, Was before Council, the City Manager recommending that the permit be granted. i .~.~. i o~ell moved that Council concur in the recommtendation of the .~ity l.~anager Snd offered the following Resolution: (#4818) A ....... ~,. granti~ a pemit to Zhe Roanoke Gas Light Company to install a gas main in Staunton Avenue, N. ( For full text of Resolution see Ordinance Book No. 8, page ,..r. ~owell moved the adoption of the ~esolutim. by Mr. Bear, and adopted by the following vote: 461) · The mot ion ~'~as sec onded ~: L'lessrs. 'Bear, Comer, Powell, and the President, Lir. Small ---4. " NAYS: None ..... O. (M~r. ;,'inn absent). FPJd.~[LIN ROAD BRIDGE: A communic ation from j. ,'f. Bos%'Je!l, Jr., of the Boswell 'Realty Company, calling attention to the close proximity of markers for the ne~ Franklin Road Bridge to property known as 1548 Maple Avenue, S "~ for which his 'eompany is agent, was before Council The ca~munication is filed BUILDINGS: ,. petition signed by seventeen property owners in the 400 block of Xountain -.-~venue, $. W., asking that Council demolish and remove house known as 429 !.~ountai n .lvenue, S. ..., alleging that the same is a fire hazard and a menace to the ~ommunity, ;~as before ~'ouncil. A report from the Building Inspector on the subject, was also before Council, .~he Buildir~$ inspector advising that after an inspection of the property it is his bpinion the Droperty has not reached the point of danger that would empo~,'er his iffice to condemn same, a~8 is, therefore, without power to order the house raized, repaired or painted in order to make it more· pleasing to the cc~_munity. i After a discussion of ~he question, the City Clerk is directed to forward copy of lhe Building Inspector, s report to ','. B. Jamison, one of the signers of the petition ~ho has a store in that vicinity, and the City Manger is requested to confer ~ith ~he ov~ner of the property ?dth a view of having same put in better condition. BUiL~_~.L ~0P~IAL HOSPITAL: A cGnmunication from Dr. L. C. Downing, Superintendentl of the Burrell Memorial Hospital, calling attention to an unpaid balance of $1,i71.34 as of Liay 1, 1936, for care of City patients at the hospital, vJas before Council and" ·tid~ scusse~' ROj~0KE H SP!TAL: Report showing patie~ats treated at Roanoke Hospital for the onth of ~pr~l, 1936, was also before Council, showing 364 days, treatment at a q t' 147 148 cost of $1,092,00, with balance due the hospital of $1,239.36. The City Clerk is directed to prepare comparative statement of patients treat~ at the hospitals from July 1, 1935, to l,Tay 1, 1936, as compared with the same pe rioi , frGn July 1, 1934, to May 1, 1935. The City Manager is directed to ascertain necessary amount to supplement the ~present Budget figures, for consideration of Council at its next regular meeting. iLEFL%JDS AI~ . ~REBATES: A c~mmunication from Funkhouser & ~ittle, requesting re- fund of $79.25 for Undertaker's License paid by Bert Il. Williams, purchased on July 24, 1935, was before Council, the Licensee being unable to use same at 213 Hampton Avenue, Ghent, as a result of being notified of an alleged violation of the Zoning Ordinance. During a consideration of the question, but on further discussion the City l,:anager advised that i.lr. Uilliams ;'ias notified the Zoni~j Ordinance did not permit operation of undertaking establis~ents on H'~ 'lot oll Av ellue, i~r. Bear moved that the refund be made,i. 1 and contrary to said advice he proceeded to pm'chase license and con duct tt~e business, later being forced to discontinue statue, I,,'.r. Bear's motion failed to receive a second, ~:f.r.Po;vall move'd that in vie~'~ of the additional infor~aation of the subject the request for refund be denied. adopt ed. ~..~:~.,.. S~u~,,~. ~ request for t~nsfer of .L'erchant,s. License Ho. 1801, issued to fi. L. Milliron, ~tall !1, ;~cade L[arket, was before Council. There being no ch~ge in the location of t l~s business, The motion t~as seconded by Mr. Comer and unanimously l the trap~sfer ~'Jas for ti~e purpose of adding J. C. bebb's name as a partner in the business, i,2r. !o~ell offered the follo%';inc Reso!ut ion: (~4819) ..k .:;ZSOLUTt0!.'. authorizing transfer of L':erchant's License Ho. 1801 issued'. on the Otb day of February, 1956, to R. L. Milliron for operation of Stall ll Arcadel :.~arket to 2. L. !£illiron and J. ( For full text of Resolution see Ordinance Book !7oo 3, page 462). :,~. Zo-~ell moved une adoption o£ the Heso!ution. The motion ~'Jas seconded by · Mr. Comer, and adopted by the following vote: .-.~..: l,lessrs Bear, 3cruet, Po~ell, and the President, LLr. Small ---4. GO LOTTZPd[~: -~ communication from ,. B. Tucker, Jefferson Apartments, Roanoke, 'Virginia, to the Editor of The :;or!d News and Roanoke Times, and later referred to the lf. ayor, registering cGnplaint in the handling, and classifying Bank i,light and iAutomobile Operation by Theatres in the City of Roanoke as a lottery, v~as before ~; Counc il. The City L~anager stated that he was also in receipt of copy of the communication !and had forwarded s~me to the Commonwealth ;~ttarney and ~. Elmore D. Heins of the !~!~ationai Theatre Corporation. After a further discussion of the question, it ~as the consensus of opinion ~,of Council that the City if. anager should be directed to instruct that the streets in front of the Theatres be kept clear to the extent oz' a single line of patrons pur- chasi.~ tickets. to R. L. Milliron and J. C. ;;ebb,! it being explained that The City Clerk is directed to forward copy of the communication to the Common- wealth Attorney and ask that he advise what action in his Judgment is proper and appropriate for Council to take in the matter. FIHE i~ROTECTION: The City Clerk brought before Council communication f~m the National Board of Fire Underwriters, advising that ten copies of recent re,,x)rt on the City of Roanoke was being fo x%';arded without expense. The City Clerk is directed to distribute the copies when received as previously inst r uc ted. In this connection, the City i,;anager reported that he was in receipt of advice that representatives from the Board of Fire Underwriters would come to Roanoke next ~'~eek to make survey on question of eliminating one or ~i~ore fire stations. Uith further reference to this Question, L:r. Bear reported he had been advised the l;~utual Insurance Companies would be glad to send representative to Roanoke to rmke a sh~ilar and individual survey in connection vJith this m~tter ~'JiDhout cost It° the City. t !ir. Bear is directed to request the Cor~pany to !~ut its proposal in ;'Jrlting and direcD same to the City L~.anager who will brin~g said Drolosal before Council for considerat ion. S"' ~'~" ~.~'0Y~"Rl0ll .~3:,~.~JI0~l: A co~~cation from the 3tate Corporation C3~- of the Liundy Van ac .iarehouse Cor;Doration for certificate to operate motor vehicles fox' the transportation of freight from ?.o~'.-~ ~,~:~ to ,,,orfolk, Vir..zinia, ~as before Council. The cc~naunic~tion is filed. REPORT OF ~ ~ iTY ~,~...~. z~t~ C ""~':.~- The City Idanager submitted a report on ~ork accom- piished and expenditures for ~eek ending May 1~, 1956, sho%';inS cost of Garbage Removal 5B cents per cubic yard, The report is filed. ~'~ILITAiT_~ OOl.~P_NY: The City Manager submitted the following report with reference to use of the City I~arket Auditorium for drilling purposes by a ne~ m~.litary company: "Regarding the request of S. R. ~iorris, First Lieutenamt Company "M", 116 Infantry of the Virginia National Guard that they be allowed to use the City Market ~uditorium for one n~ght each week for drillir~, also room for stor.age of equipment. "After going into this matter ~ith Lieutenamt Morris and ?:~r. J, F. Douglas, Clerk of th~ Earket, v~e find tb~t there is no available space in the Market ~uilding to be used fo~ the storage of their equipment, but there is no objection to their using the Market Auditorium one night each week for drilling with the uuders~ding that no damage ~ill be done to the floor by using machine gun tripods ." ~ir. Comer moved that Council concur in the recommendation of the City Manager " and that the permission be granted. The motion was seconded by ~,~, Powell and ,, unanimously adopted. The City Clerk is directed to notify Lieutermnt Morris of Council,s action in ~.'~ the mat ter. ~i REFbT.UDS LND REBATES: The City ~anager reported a~ investigation of the reques~ of'the Buhl Optical Company, conducted at the N. ~,-7. Pugh Comp-ny Store, for refund of ~10.00 on 0Dtician's License No. 102,5, had revealed that this concern was not entitled t o the refund requested. On motion, duly seconded and unanimously adopted, the request for refund is denied and the City Clerk is directed to notify the N. U. Pugh Company accordingly. REPORTS OF C 0L~,5[TTRR. S: 149 150 DRUC~: Mr. Bear, Chairman of the Drug Supplies Committee, asked that the report be carried over. The request is granted with the understamling that the m. tter will .come ~,~efore Council di spos itiou. at its next regular meeting on Friday, May 29, 1936, for UNFINISHED BUSINESS: None. CCNSIDEFu'~TION OF CL~.]2,,~: None. INTRODUCTION .AND CONS IDERATI ~ CF 0RD INANCES Y'~'D RESOLL~fIONS: ,~6FLCI~.,LE!~ SERVICE: As directed by Council at a previous meeting, the City ?Clerk presented proposed Resolution petit ioning the Federal Government to establish iNational He-employment Service in the City of Roanoke, the Virginia State Employment Service having been previously advised that Council will discontinue its appropria- tion for tkis work as of June 30, 1936. The question having been discussed at a previous meeting, l'~r. Powell offered the following Resolution: (,~48Z0) A RE$0LU?ION petitioning the Federal Govermaent to establish National Re-emploAm.~ent 5ervice in the City of Roanoke. ( For full text o.f Resolution see Ordinance Book !,.'o. 8, page 462_). }Jr. F'owell moved the adoption of th~. Resolution. The motion %*~as seconded by !.~. Comer, and adopted by the following vote: '~ ~owe!l and the }-resident, i,lr. Sm. all --4. AYES: idessrs. Bear, ~omer, _ , _ NAYS: None .... O. REFUIJDS '~ ~" '~' ._~ .~EB.~.._ao: Council havi~d Fefused at a previous meeting to transfer l~erch ~'~ ' " a,,~ s License :.o. 1658, as issued to ~tella Tho~s, to M. G. Ferris, electi~ to make refund instead, L~r. Bear offered the followi~ Resolution: (~21) A RES~,~_~,=, to re~nd ~,~rs. Stella Tho~s, trading as Daws Cash Grocery,', $36.67 coverinc Lierchant,s License No. 1638. ( For full text of Resolution see vrdinance Book No. 8, page 463 ). L~. Bear moved the adoption of the Resolution. The motion wss Seconded by Comer, and adopted by 'the following vote: fdfES: Zlessrs. Bear, Comer, }owell_, and the President, '_,-.ir. Snail ---4. None ..... 0. Ordinance No. 4816, having been introduced and read at the last meeting of Council, is laid over with a vie%' of executive session of Council with interested officers as suggested by L~r, Bear. CROSS-CVER:-Application from D. T, Allay for permit to construct cross-over to accomm_odate property at 908 Auburn Avenue, was before Council, the City Manager recommending that the ~ermit be granted. Mr, Bear .moved that Council concur in the recGnmendation of the City Manager an, offered the following i4esolution: i: : (#4822) A RESOLUTION granting, a permit to D. T. alley to construct cross-over to .accommodate proDe:t~y at 908 ~.uburn ~.enue. ( For full text of Resolution see Ordinance Book L~o. 8, page ,-63 ). ~'Ar. Bear moved the adoption of the Resolution. The motion was seconded by l.~r. ?owell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, NAYS: None .... 0. and the President, Small ---4. L-[OTiO!.~£ Ai~ L[ISC~LAi:ZOYU BUSIL:ZSS: FRANKLIN ROAD BRIDGE: The City Clerk submt_tted report showing total cost of right-of-way for the Franklin Road Bridge amounting to $14~940.00. In this connection, the lresident, ~. Small, moved that the City Manager, the City Clerk, and one ~lember of Council be appointed to draft a Railway Company, advising cost of right-of-way and share equally v~ith the City in the cost of sene. Bea~~ and unanimously a~opted. The Vice-president, Mr. Comer, appointed as menber from Council to serve on the com~mittee, the l. resident, Mr. Small. letter to the Virginia~ asking that the Railway Company The motion ~as seconded by Mr. ALLEYS: The City Manager repc~ted, in conference with property owners interested in opening and straightening alley between Montrose Avenue and i.~urray Avenue, M~. C.~ V. Lavender had agreed to donate necessa~ land for opening the alley, and that O.'J. 'Forbes b~d asked for a price of .$200.00 ~ It bein~ the opinion of Council that .~200.00 is an excessive price for the i proposed land in question, on motion of i.~.. Po'~'ell, seconded by !.~r. Comer, the City Manager is authorized to offer I,~. Forbes ~100.00 for the necessary right-of-way, ~and that in the absence of an agreement for this price, the City ~;ill probably have to institute condemnation iproceeding~, and to also notify '..:r. Lavender and other inter- ested owners of the action and price offered ;~. Forbes. SUIL%E[NU- 100L: The City Hanager reported on question of piz, e for use in running '~ater from Washington i:ark to swimming pool under construction by Robert H. Hale, iadvisinG that Hale has tentatively contracted with the Roano;:e Scrap Iron Company for necessary 3-~- inch pipe for the puepose contemplated The City l~anager also reported that in conference with Mr. Bro~'~ of the :,'. P.A.. ihe had been advised that it ,.'~ould not be possible to use relief labor for the purpose of layi~.~ the pipe, su~gestin~ that instead jail labor might be used on the project. · e is directed to use the jail labor as suggested. ~~ .~'~D i-'~_YGROUI,~S: The City M~ag~ brought before Council reouest for ~su~!emenga~7 a~ro~rSag~on or ~1~100.00 for labor ~de~ "PublSe ~arks"~ ~ shown .by Account il02 in the Budget for fiscal ~ar endi~ June 30, 1936, advisi~ the  su~olementa~ appropriation is necessary to neet the payroll on Sagurd~, 5lay 2~rd; __ whereupon, i,lr. Com~ offered the follo~g Ordnance: (,~4823) J~N 0RD~A~..C~ to emend and reenact Section Fl02, "Public ~ark~" of ~n iordinance adoDted by the Council of the City of RoanoP~, Virginia, on the 28th, Iday of June, lg35, No. 4547, and entitled, , "An Ordinance making a~-oro~riations for .~he fiscal year beginning July l, 19.35, and ending_ June 30, 1936." ( For full text of 0rd~nance See Ordinance Book irc. 8, page 464). '1 ,; :~owell, mud adopted by the follow lng vote: Mr. Comer moved the adoption of the Ordinance. The motion was seconded by AYE~S: Messrs. Bear, Comer, lowell, and the President, i..h~o Small --4. N~K$: None ..... 0. h%~STINGS COURT: The City Manager reported on the question of Law Books for the !1 :lustings Court, ~':hich question was 'previously before Council, the City Manager ad- vising that in conference with Judge Almond it was ascertained the cost ~vould be ~36~.50, with a credit of ~122.50, extended over a period of eight years, or ap- ~roximtely $45.00 per year. The City i,.[anager is dLrected to include the amount ns~Ged as necessary in the ludget for the next fiscal year and to notify Judge .'._lmond the action of Council ~n order that he might make the necessary arrangements and receive the credit as !i~ffered o 151. 152 R0.~IOKE i."ATF. R 'J0i'~2S COMPANY: The President, l~r, ~mall, brought to the attention Council report recently a_:~pearing in the local papers with reference to the National Board of Fire L'nderwriters' report of fire protection in the City of ,~oanoke, suggesting tb~t Council might well take public notice of the publication for the benefit of the people of Roanoke in order that they might understand Just what the present situation is in resoect to the :,ater ;Jorks Company, and read pre- ~red stater~nt with a view of receiving the benefit and judgment of Council as it may desire in the matter, ( See copy of report on file in office of the City Clark) At this juncture, on motion of l.~r. Bear, Council recessed. After the recess the ~'~resident, i.~r. Sm~ll, stated copy of the statement of iCouncil ~'lill be incor-£~orated in the files of the City Clerk and copy delivered to ~the local press, ~?ith the further stat~ent '~hat Council ~'.~ishes to r:~.ake as a supple- .m. entary public statement, it has no ,desire or pu~_~ose of continuing the controversy lin the public Dress, but feels that a staten~.ent of facts is necessary pending dispos~ ~of the present Roanoke ~Jater Uorks case before the State Corporation Co~muission, a~d x~ill not undertake to further elaborate upon this ~articular state:uent. There bein~ no further business, on motion, duly seconded, Council adjourned .until 7:~0 o'clock p. m., Tuesday, May 26th, for further consideration of the Budget and auy other matters that .may properly coL~o before the body. President APPROVED 1 COUHCIL, REGLrLJd~ MEETING, Friday, I.:ay 29, 1936. The Council of the City of Roanoke met in regular z,~eeti~ in the Circuit Court Room in the D'unicipal Building, Friday, May 29, 1936, at 3:00 o'clock p. m., the regular r~leeting hou~., following an hour's consideration of the Budget for lis cal year beginning July 1, 1936. PRES~?T: ~.,~essrs. Bear, Comer, Po~;ell, Winn, and the }resident, ~,hr. Small --5. None ..... 0. The tresident, i.~]r. Sr~ll, p~esiding. OFFICERS t~R~.~,2: 1dr. ,. r. Hunter, City i.~anager. J.iIi~TES: It appearinE that a copy of the :uinutes of th~ previous r.~eeting having been furnished each member of Council, upon motion of L~r. Yo~e!l, seconded by ~''~. Comer, ~he reading is dis~nsed~ with, and the ~inutes a-p'oroved~ as _~ecorded. Judge Job~ i,~. Hart, Com~issioner of Revenue, appeared before Council askin~g that he be authorized, by Resolution, te correct ?erson~l Property Tax Retur~ ._ouis Fine for the year 1935, originally returned as $1,000.00, it bain5 his opinion, after an investigation of the question, that the tan6%ble property of this taxpayer would not exceed ~100.00. The Ci.ty Clerk is directed to draft proper Eesolu~ion authorizing the ComnMssioner of i~evenue to~ make the correction for consideration of Council at its nex~ regalar meeting on Friday, June 5th. LIC~ISE CODE: I,~. Henry Glasgow, i,lanager of the Roanoke Exterminating Com~-~any, ~!appeared before Council and asked that consideration be given to ~ending the Licmse Code to include section covering the operation of ex-~eEninating com~anies, particularly ~;ith reference to itinerants. Mr. Glasgo;'J is directed to put his request in v~iting, the same to include rules and regulations he proposes, for consideration of Council at a later meeting, ;'~ith a vie~ of adoptin~g Ordinance for licensing the exterminating business. I FIRE ~q.-~Y~?~l£ION: kt the of the City ].,Lr. A. C. Hutson, Assistant reo~u~st l~.ianager, ! ]~' C~.~ef Engineer of the National Board of Fire Under~.~riters, appeared before Council for discussion and consideration of inaugurating a two-platoon system in the Fire Department and the elimination of one or more Fire Stations. kl~'. Hutson ga~e a somerahat lengthy resume of the system of grading Fire Depart- ments by the Natio~ol Board of Fire Under~;T~te~s, particularly ~ith refe~'ence to circumstances surrounding the grading of Roanoke, ~hich at the presen~ tinge comes within the third classification. ~dr. Hutson advised Council that his organization made no distinction between Dhe She and two platoon systems so far as grading is concerned, but to eliminate any one of the present Fire Stations would in his opinion have a tendency to re-classify Roanoke and drop it into the fourth class, which would in all probability affect Lnsurance rates in the City. It was also his opinion that Roanoke would be unable affect any economy by the abandonment of one or more of the present Fire Stations ~s there would be no saving in personnel. 153 154 After more than an hour's discussion of the question, the President thanked Hutson for coming to Roanok~ and presenting the information before Council, which, he stated, should be of valuable assistance in working out the problem now before the body. STREET ~.~D~:INO: Mrs. L. R. Lee, 803 ~dorrill Avenue, appeared before Council the interest of constructing sidewalk in front of her property, incident to the ~Morrill ,;veNue Street l roJect, it being her understanding that the City Manager had ~agreed to construct sidewalk in front of her property in conJenction with other work ,Icl a si~:,ilar nature in that territory. i!. The ~'res.ident advised Mrs. Lee that the question would be referred to the City ;£anager and that if the ~mtter was not disposed of to her satisfaction she would probably be asked to again appear before the body. petition signed by H..., T. !.~. and L. Penn, asking that U. erchant's License, issued to the Community .Service Stc~es, located at 40 Center Avenue, Roanoke, be transferred to the signers of the petition, trading as Community Drug Store Company, was before Council. The request is referred to the City !.!anager for investigation, report and rec c~mme nde t ion. ..~:~:.,~. ~-- conn~unieation from or. George B. Lawson, suggesting the reaDpointment legislative matter before any nuniciT~ality has authority to act, the City Clerk is directed to acl,mor;!edge receiDt of the coramunication and I'~ile same. siuned by J Hyland !~artin, Chairm~ of the City }'lannin2 Co~_.mv~ssion to study lav;s of other cities dealing with uniforn~ hand!i,'~g: of street widenin~ mud beautification of the 'City, was before Council. i~ ~ It being the o?.tnion that the question referred to in Dr. Lawson,s letter is a :Roanoke's Civic Organization, ~Jith reference to improvements in ;;eaver Park kno~.n a~ll Fishburn l:ark, was before Council. The conmunication is referred to the '~' -- l~ltj,' Manager for such action as in his judgment may seem appropriate. communication from the Board of Zoning ;~ppeals with reference to irequest of L(essrs. john .,. ',;aynick, Jr., Iknown. as Lots l, g and g, Block 9, ,.lar~tte Land Company, arrl l?O1 Franklin Road, !:~. ,,., from .~eci~l Residence District to Business District, was before Council, Board recommending that the request be denied and that when the petitioners have 'definitely decided on use of the property for fillin~g station that Public Hearing iwili be held with a vie-~ of granting a permit under non-conforming use. and W. ',:. Draper, to re-classify property t~ The report of the Board of Zoning Appeals is accepted, and the City Clerk is directed to forward coDY of same to the petitioners with the suggestion that if at ithe .~ro~er time they wish to reopen the case, Council will be glad to reconsider sam, .: ,~...,-~.~._-~..~.~ ~.[k.~VICE:~.'. communication from Franlk ~. Cavedo, State Director Hational Reemploy~.ent service, ackno¥:ledgin~z receiot of Resolution No 4820, petitioning the Federal Government to establish National Reemployment Service in the ' City of Roanoke, was before Council. The cc~munication is filed. ~ COL.[PLAINTS: .~ communication frcm. Clayton v_. Hart, complaining of noises made by ~,Children on the corner of Fourth Street and East Avenue, N. ~. ~ , and sug~oesting that the Electric Light Company be reeuested to remove the light bulb from the street ~light on said corner, was before Council. The complaint is referred to the City Manager with a view of possibly invoking the curfew law for relief of the situation. MOTHER'S AID: Copy of Order from the Judge of the Juvenile and Domestic Relations Court, disco:ttinuing Mother's Aid to !,Jrs. Patrick i'ittman Perrin, .was before Counc il. The City Clerk is directed to forv~ard cody of se~Ge to the City t~anager ;~ho is directed to instruct L~rs. R. Russell Burnett, Director Social Service Bureau, to discontinue future pa:~.ents to Mrs. ~errin as directed by the Crder. ;~:.,o.~.~.._~,~..~-,~,,6.~ LIC~-I3E: .~ re~[uest for transfer of i..erchant,s License No. 1979, issued to 0. L. Cooper & Sons, 1217 Salen :~venue, ~. Council. to H.~. ~. Dannell, was before The question is referred to the City'.,2an~ger for iavesti~tion, report ~nd rec o,;mtendat ion. M~.{~r:,_.~:T'~ LIC~,!-~: ~ re,]uest for transfer of ~2erchant,s License ~.o. 2017, " " to '~ L ?/.orris, ~'~as before issued to J. H. Cockerham, Otall lO, :~.rcade ~,.a~et, :.~. . '~ouncil. The request is referred to the City L~anager for investigation, report and rec G.~Lmen d a t i on. ~-,;'.,."~ OF OFFICERS: ~ R~-'ORT OF._~m'r'" ~=~='~v'~'r I,L~"JLD~R: The City LialI~eP submitted rei~r~ on work acomplished . and expendittu~es for ~'~eek ending May 21, 1936, sho%'~ing cost of Garbage Removal .~ 51 cents per cubic yard. The report is riled. 0,,~i~E E3.U!I:i.iEi~: The City Marmeer submitted re:3ort from the P~chasing .~oent :'. The r e~or~ BUDG~-~.~.t~.,~ ~I~: The City M~ager brought before Council re,~est for a~ $2,515.00 havi~t be~n pre~ously ear-marked out of t~is Account for er~endit~es showin~ tabulation of typet;riters used in the various departments of the City of Romuoke, showir~g the total nul:~ber of macnznes in use as sixty-one fi led. supplementary approl~iation to ~ergency Relief amountin?z to ;,45,250.00 for fiscal '~,~,'~-~ endinc June 30, 1936. at the Roanoke i.dtuuicipal ,~irport, it was the una-nimous opinion of Council that the ear-marked funds be ex:~ended for ~ergency Relief purposes before additional ap- propriation is made; whereupon, i'2r. Comer offered the following Resolution: (/}~482a_) L REg~,~wn:~~~.,, to repeal a Resolution adopted by the Council of the City ""' Res o!ut ion of _~oanoke on the 10th day of ~pril, 1936, Iio. 4784, and entitled, ..~ authorizing ex!;enditure of ,~2,515.00 at the Roanoke Municipal Airport." ( For full text of Resolution see Ordinance .Book No. 8, lmge 465 ). };~r. ~omer moved the adoption of the Resolution. '~'~'~ ~ ~n~ motion ~;'as seconded by L~. i'owell, and adopted by the following vote: AYE.~: Liessrs. Bear, Comer, owe 11, ,7inI1, and the i'resident, i.-Lr. Small--5. NAYS: None .... 0. u~.~..,.: The City Manager brought to the attention of ~ouncil requests for .. su!,plementa~y appropriations to various items in the Budget for fiscal year endir~_~ june 30, 1936, amounting t o ~8,365.00. After a discussion of the various items included and statement submitted, l. Lr. offered the f ollo~Jin~ Ordinance: Bear (~_825) f/~, 0RD!NJI~CE to amend and reenact the following Sections of an Ordinance adopted by the Council of the City of Roanoke, Virgir~a, on the P.~th, daT'- 155 '156 of J,me, 1935, No. 4547, and entitled, "An Ordinance making appropriations for the 1935 and ending-, June 30, 1936." fiscal year beginming July 1, ( For full text of Ordinance see Ordinance Book No. d, page Bear moved the adoption o£ the 0rdim~nce. 465 ). The motion was seconded by Mr. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ','irm, and the }resident, NAYS: None ...... 0. D~.-I~-.~,~ ~LOYEES: A report, Mr. S~:mll --5. as of :,~ay 29th, frGn the City Auditor advising other than School employees, have that all delinquent taxes due by City employees, ~;'as before Council. The report is filed. !caen paid, DRUGZ: A rcu~ort from the committee appointed to confer ~'~ith the Roanoke County Retail Drug Association to determine policy in the p~clmse and ~rnis~ng drugs and' :supplies for the ~ity of R~noke, previously before Council, was ag~n before the ~ body ~nd diseased ~ 0n motion of L.~. Wi~, secon~led by !.~r. Comer, the report is adopted ~m the ~it~ ~e~'~ is d~ected to dra~ ~d bri~ before Council at its new reLular meeting Resolu¢ion cove.ing terms of the report, for eonsideretion in the direction and in- ,~ formatior, of the ~u-chasi~ .'~zent and the City :~a~mger. ~ ~ ~-, ..... Hone. '1 ,~ ........ ~ ............ .x?--, ~ ........... ' O~~ 02D~Tv ''"' ~ - ~-~--, .... - ~ ~ '3 ~6.90 cove!5 ng ~ R~,~.,.~ .CD ~B~TE~: '~he question of .ref~di~ . 'j. Bra*:mi~ .r du~.!icate ~,~inner, t of ?.aa! Estate Taxes, ~yas arain before Council, I,ir. Bear offering the fo!!o~Ji,-mS Resolution: (,~4826) A RESOLU2i6U to reftmd C. 'J. Brammer ~56.90 for refund of Real Estate Taxes ~2aid in error on !_ct 25, l;est. Section 29, Belmont, in the name of Cordelia Susan ( For full text of Resolution see Ordinance Book No. 8, page i I~~. Bear moved the adoption of the Resolution. Powell, and adopted by the follow~ vote: AYES: Messrs. Bear, Comer, 466) . motion %'~as seconded by Lit. '.[! Powel], Winn, and the President~ Mr. Small --5. NAYS: None ..... O. ~?,.~..,o ~!,g'"= ~-D~,,Y~Lk~* ~":."" :~oa~o:,~,'.',-,~.'~°"'~'~m~' Ordinance Ho. 4816 having been previously in- troduced for its first readir~ and lai~ over, ~'las again before Council, read and discussed. [ ! In co~menting on the proposed transfer, Lit. Bear suggesting he is in accord :~'~i'~ith the collection of these delinquent Se~er ~and Sidewalk ~ssessments and reviewed ~ ~the history of the assessments being- lodged in the office of the City Clerk, it bein 'his opinion that ori~inally the liens were docketed in the Corporation Court and whe ~they became so numerous they were transferred to the office of the City Clerk as .provided for in Section 51 of the Charter. i': The President, l.ir. Small, called attention to section 50 of the Charter providi .g :that "all local or special assessments shall be made md collected as Council shall prescribe by Ordinance and in accordance with law." !~ After a further discussion of the auestion, the suggestion was advanced that th, ~roposed ordinance might be adopted on its second reading and that same be referred go the City Attorney ~'~th the reo~est that he advise Council as to the legality of ,I (W J! the transfer of these assessments from the office of the City Clerk to the Delinquer Tax Department, callir~ special attention to Articles 50 and 51 of the Charter; whereupon, Mr. Powell offered the follo~ng Ordinance for its second reading final ado'pti on: (~4816) AN 0RDINAHCE to transfer all uncollected Sidewalk and Sewer assesm.~en~m and all such assessments which may be made hereafter and all records, data and in- for~mtion relating thereto from the office of the City Clerk to the Delinquent Tax Dspartment, created by Ordinance No. 4380, passed November 4, 19~4, and to repeal all ordinances and lmrts of Ordinances in conflict with this ordinance. ( For full text of Ordinance see Ordinance Book No. 8, page 464). ~Lr. Powell moved the adoption of the Ordinance. The motion was seconded by ,~r. Comer, and adopted by the follow, lng vote: AYES: L~essrs. Bear, Comer, :~owell, '.'inn, and the ~resident, .~. S~,~all--~. NAYS: N on e .... 0. ~ZOTIONS "~-' ,,i,,,~ i.:ISCELI~kl[£OUS BUSIi~K~SS: D~Do: The question of recording deed as signed by ~:. B. Hunt and others, conveying certain ease=ent to the City of Roanoke, dated June 20, 1931, as requested~ by ~. B. Hunt, ~r., earlier during the meeting was azain before Council, the City L[anager presentin.g co~aunication frc~ A. B. Hunt, ~r., with reference to the euestion, and advising that the deed in question has now been located ~long with nine other ~i. deeds of s'imilar nature, and recom.mends that necessary steps be taken for recordation ~of the deeds. In this connection, the City Clerk re~.orted that the survey of similar deeds on~ 'file in his office indicated approxi~,:mtely ;5;5~ sin-tilar conveyances to the City un- recorded, and that in various conferences ~ith the City Attorney, the City Lianager the City Engineer, all were of the opinion that the deeds should be recorded. The Clerk also advised that he had conferred with the Clerk of the Courts and was advised that his office is prepared to handle the recordation of these deeds in groups of from ten to t;'~enty-five, which, of course, would be without ex~.~ense to ithe City except the actual cost of recording the plats if this should be desired by Aft~r further discussion of the question, !.~. Comer offered the following Res olut iom: (~48£7) A RESOLL~ION directing the City Clerk to record deeds of conveyance and~ easement on file in his office. ( For full text of Resolution see ordinance Book i.~o. 8, p~ge 467}. Mr. Comer moved the adoption of the Hesolution. The motion was seconded by 'Bear, and adopted by the follow, lng vote: AYES: Messrs. Bear, Comer, Po¥~ll, ~inn, and the ~resident, ~.,~r. $mall --5. NAYS: None ..... 0. BURR_ELL M~0RI.AL HOSPITAI.: The City Manager submitted reports shorting list Patients treated at Burrell Memorial Hospitsl for months of December, 1935, ~anuary, i ~'February, i.~arch and ~pril, 1~36. The reports are filed. ROANOKE HOSPITAL: As requested by Council at a previous meeting, the City Clerk! ~ubmitted comparative statement sho~ing City patients treated at Roanoke Hospital for period from july, 193~, to ~pril, 1935, showing 1,878 days, treatment at a cost ~f .~5,634.00, as compared with the ssme period from ~uly, 1935, to April, 1936, 157 158 showing 2,661 days' treatment at a cost of $?,985.00. The report is filed. REGESS: At the request of the City ~';anager, Council recessed for consultation. PUBLIC ';,ELF,dIE: The City l,L. anager presented bill for ~l.00 covering membership in the Council of Social Agencies, as rendered by . Frences Nomack, Secretary- Treasurer, recommending that the amount be paid. On motion of ET. }:owell, seconded by :.Lr. Comer, the City i/~anager is directed itc approve for paymemt the ~1.00 membership dues in Questioa. i R0.G~0KE TUB~ZRCL~SIS ASSOCI ATION: The City ~.~amager brought before Council reqae icl the oecretary of the' Roanoke Tuberculosis Ass0c iation for permission to place two additional white '.tubercular patients at Catawba and to send a L~r. Ballentine to .t 'Charlottesville for special ope~-ation. On motion, duly seconded, the :City i,Lanager is authorized to approve the request ~..for balance of tt~e fiscal t~riod of the ~ioanoke Tuberculosis j~ssociation, so long as the ex.~.enditures stay within the a~Lpropriation as carried in the Budget for fiscal year e~din~ June 30, 19~6. ~,~ :~v,.-~' ~E0.~_. The jity l. La~ger b~ought before Council reeuest of the Salvatior :/~rmy for gift of a~lsc~'oxi~;mtely ei~ ~ feet of one-quarter inch welded link chain, to! 'be used in connection ~'dth a ~layground. On motion of ~Lr Pov~-ell, seconded by i~:r. Bear, the City i,~anager is directed to ' a!~rove s~u~e for the supplies in question not to exceed .~10,00, the sazm to be charg: ed to "Allowances and Gifts." DCGS: The City :ianager blought before Council reo~uest of the Game L'arden for permission to e~!oy a Special Game Uarden for the ~uonth of june at a cost not to exceed t~enty-five cents per hour, for the purp_~ose of rou~ling up stray dogs. On ~.otion of '3~. Bear, seconded by ilr. ~owell, the 'City ,'.ianager is directed to authorize the employz~ent of the Special Gs~ue ::arden in question. There being no further business, upon motion of ~.~r. Bear, Council adjourned until ~:00 o, clock p. m., Friday, June 5, 19~6, and the mty Clerk is directed to members of the School Board to appear before Council at that time for dis- request cussion of the Budget. APPROVED [! COUNCIL, Friday, RE(:NI~R MEETII~, ;Tune 5, 1936. The Council of the City of Roanoke met in regula~ meeting in the Circuit Court Roost in the Municipal Building, Friday, ~une 5, L9~6, at 5~00 o'clock p. mo, the regular meeting hour, following an hou~,s discussion of the Budget for fiscal year beginning ~ul~ 1, 1936. PRESET.. Uosars. C~nar, Powell, Winn, and the President, Mr. Small ---4. ABS~I~T: Mr. Bear -----1. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter,. City Manager. MINUTES: It appearing that a copy of the m!nutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Powell, seconded by Mr. Comer, the reading is dispensed with, and the minutes approved as recorded. N~ARING OF -~ITIZ_ENS UPON PUBLIC MATTERS: ROANOKE TUBE~ULOSIS ASSOCIATION: Mr. Arthur B. Richardson, President of the Roanoke Tuberculosis Association, appeared before Council and read prepared statement with reference to indigent colored tubercular patients in the City of Roanoke ( see copy of statement in office of the City Clerk), and asked that Council give considera- tion to, including sufficient funds in the Budget for the next fiscal period for construction of the sanatorium at Burkeville, and read letter from Dr. I. C. Riggin, State Health Commissioner, advising that if such a sanatorium were constructed by the City of Roanoke, preference would be given to Roanoke patients. In & d.isou~sion of the question, the Pres:l. dont, Mr. l~fl. 1, stated Council considered this matter from time to time and that i_n_formation received gave no assu~r'anoo t~paoe tn the p~oposed senatori~ would be reserved fo~ ~oenoke pat£onts~ l, snd advised Mr. Richardson if he would clear up this question, Council would be iglad to give further considerattc~x to the proposal. Mr. Paul Buford also appeared before Council in the interest of this question, but stated in view of Council's attitude and familiarity with the whole situation it was unnecessary for him to elaborate on the subject. / BUI~J~L MEMORIAL HOSPITAL: Dr. ~. B. Claytor of the Burrell Memorial appeared before Council in connection with a communication and as presented by Reverend Ira S. and com~u_-i, catton advising that Ashe, President~anager of the the said Ocie Priest was a patient in the Burrell I Hospital !I complaint of Ocie Priest, Negro Relief Center, ~ Memorial Hospital from January 30th to May 5th, 1936, during which time gold fillingS, extracted at the direction of Dr. Claytor, had been lost, m~splaoed, withheld or the ~, unlawfully disposed of, and asked that Council endeavor to locate same. Dr. Claytor advised that the gold in questic~ was in his possession at hospital, properly labeled and filed, awaiting further instructions of the patient. The communication with reference to the matter is filed. AIRPORT: Messrs. Olayton Lemon and Frank Reynolds, operators of the Municipal Air~ort, appeared before Council with reference to new lease of the Air~ort, with Reynolds as spokesman, who advised that negotiations were being conducted for ldisolving the partnership, but before action asked that Council indicate term the new lease would run. 159 160 The P~emideat, 14~. ~amll, stated that Com~ll ham not dete~ained whethe~ or not the AirZ~-t will be leased at all; that the operation of mane may be undertaken by the City am & Huatoipal l~oJeot, but a co--,tttee will be appointed from CouneiX to act with the City Mimager in working oat a proper eolutic~ and to bring back a retoz and reocemendation to Council for its future 8uidanoo. The committee appointed i8 aompo~ed W. P. Hunter. of Mesal'a. James Bear, ., PET~ONS AA/D ¢C~MUNICATIO~S: CROSS-OVER: A oomamnieatica fr~a W. D. Hall and L. R. Tuoke~, making applioatio: ifor permit to construct cross-over to accommodate property at 504 Arlington Road, iRaleigh Court, was before Council, the City Manager recommending that tho permit be "granted. ~r. Winn moved that Council concur in the reccmnendation and offered the following Resolution: of the City Manager (~~) A RESOLUTION granting a permit to ~'. D. Hall and L. R. Tucker to con- struct crossoover to accommodate property at 504 Arlington Road, Raleigh Court. { For full text of Resolution see Ordinance Book No. Mr. ~tnn moved the adoption of the ~esolutton. ?owell, and adopted by the following vote: AYES: Messrs. 8, page 4?0 ). ~ The mot io~ was seoondod by 1~'o ,{ Comer, Powell, Winn, smd the President, M~r. Small --4. NAYS: None ----0. ( Mr. Bear absent ). SCHOOL BOARD DELINQU/I/T ~/PLOYEES: A cc~znunication from the Clerk of the School Board reporting on School Employees delinquent in their tax payments as of June 5, 1936, showing ~Az ~ ~,,......,,,, unpaid, was before Council. The report is filed. ZONING: A communication from the Chairman of the Board of Zoning Appeals, registering exemption to the method and procedure of Council in handling matters relating to the Zoning Ordinance, was before Co,:,_cil and discussed. The City Clerk is directed to request the Chairman of the Board of Zoning Appeals to advise in more detail where the Zoning Ordinance has been violated and to ;,! what extent Council ha8 been inconsistent in this matter. CITY TREASUI~: LLr. C. R. Kennett, City Treasurer, appeared before Council and made verbal report of conference with the Judge of the Hustings Court with reference to unpaid taxes due by the R. H. Angell Estateb. advising that the said Judge of the Hustings Court has suggested that the City Attorney be requested to file a tax brief in connection with the unpaid taxes in question, and bring same to his attention in Order that if, and when, funds are available from this' estate the same might be paid to the City on unpaid taxes. · ,.[' The City Clerk is dLrected to Communicate with the City Attorney, advising him t~ .confer with the Treasurer for detailed tnfomation of conversation between the City Treasurer and the Judge of the Hustings Court for preparation Of appropriate brief to protect the City's interest in the collection of such funds as might he available from ~he R. It. ~n~ell estate. CITY TREASURER: The City Treasurer submitted report for the month of May, 19~6, :showing collections of $$1,595 .83 , as compared with collections of $5~,851.00 for the same period last year. The report is filed. CITY TREASURER-A~IT: The City Treasurer submitted wmmunication requesting that lan audit of the Treasurer,s office be made i:is carried over for further consideration when a i, pre se nt. as of June 50, lg~6. The communication full membership of Council is I~RE D~AR~I]IHTS A o~m~Ln~oatl~ f~cm Rove~o~d Julius Ho 3~e~, Pastor of the V~lla Ho~ghts B&ptis~ Ohureh, re. amending establishaont of the tvs pla%con s~wtem in ~he Roanoke Fire ~epartment, was beforo Council. The communication is Filed. a new set of "American Jurisp~udence", was filed. BI~STIN~ O~URT: ,~ oomnmnioation from J. L. Almond, Jr., Judge of the Hustings Court, exl~essing his thanks and appreciation for Council, s action in providing for the ven~ilating fans in the Hustings Court Room, and authorizing the purchase before Council. The communication is STATE CORPORATION COMMISSION: Notice of continuance Corporation Commission on application of the Mundy Van and Warehouse for certificate for fUrnishing freight application of the Johnson Motor Lines freight furnish the Stats of hearing before Corporat ion service between Covington and Danville, also for hearing on application for certificate to service to D~nville fr~n Ros~_noke, were before Council. The commu- nications are filed. P~ORTS OF OFFICERS: R~ORT OF THE CITY MANAGER: The City M~mager plished and expenditures for the week ending May P~, re~oval as fifty-seven cents. The rel~rt is filed. B~ M~ORIAL submitted report of work accom- ~ 1936, showtng cost of g~rbage i~ HOSPITAL: The City Maneger submitted report from the Burrell Memorial Hospital showing list of patients treated during the month of .'~ay, 1936, aggregating 193 days at a cost of $579.00. The report is filed. was ~J~HOUSE: Report for operation of the before C~uncil. The report is filed. Almshouse for the month of May, 1235, REPORTS OF C~&ITTMF,3: None. CONSIDERATION OF CLAIMS: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORD~IIANCES AND RESOLUTIONS: SEW/ER AND SIDENA;.~ ASSESSMENTS: on the legality of Ordinance No. 4816 and sewer assessments from the office sent, as follows: TO THE CITY COUNCIL: The City Attorney submitted ~itten opinion directing the transfer of uncollected sidewalk Of the City Clerk to the Delinquent Tax Depart- "June ~, 19~e. Some time ago you directed me to prepare an ordinance transferring all uncollected s.idewalk and sewer assessments and all information relating thereto from the office ~ cf the City Clerk to the Delinquent Tax Department. I lxrepared an Ordinance carry- 1 lng out the desire of the Council without considering any question as to the legality of the ordtn-~ce and the provisions thereof. Since the ordinance was prepared you requested me to render an opinion as to the ~ower of Council to pass such an ordimmce as aforesaid. By ordinance passed November 4, 19~4, the Delinquent Tax Department created by that ordin_Ance was em]~owered and directed to collect such local assessments, and later the ordinance in question was proposed transferring these assessments and all records pe~taining thereto from the office of the City Clerk to the Delinquent Tax Department. Under Section 50 of the Charte~ it was within the power of the Council to provide these local or special assessments should be collected by the Delinquent Tax ~partment as was done by Ordinance 4580, l~ssed November 4, 19~4, but it was not within the power of Council to transfer such assessments and the records, data and i~formation relating thereto from the office of the City Clerk to the Delinquent Tax Department. Sectic~ 51 of the Charter expressly provides that the lien for the amount of such local assessments shall not be good against the purchaser of the land or premises for value and without notice except an~ until from the time that the same ke]~t for that purpose In the office of the City l~rson or persons owning such estate or land shall be docketed in a book or books Clerk and inuexed in the name of the at the time the said lien accrued. ( Signed ) Robt. C. Jackson, City Attorney." 16'1. 162 The Ctt~ Clerk la dAreote~ to request the City Atto~aey to d~aft the aeees~ary amends%cry 0~dinanoe as may be legal to lm~vt4e fmc the oolleotim of the Sidewalk and Sever aosesfnents by the Delin~uent Tax Dopar~ont. MERCHAFT$;LIC~~=The City Mana~e~ submitte4 report and ~eocmmended the trans- fer of Me~ehanto, license's refer~ed to him fo~ investigatic~ and r~port. Mr. Comer moved that Council eomeu~ in the recommendation of the City Manager :sad offered on the ~Oth day of January, 1956, to J. J. i4, Arcade Market, to ~'. F. C. Blaekwell. the following Resolutions, numbered 48Z5 to 48~$, inclusive: A RESOLb~i'ION authorizing transfer of Merchant's License No. 11~8, issue Ludwick for operation of Sta~s 1~ amd ( For full text of Resoluticm see Ordinenee Book No. 8, page 46?. ) Mr. Comer moved the adoption of the Resolution. Winn, and adopted by the following vote: The motion was seconded by Mr. AYe: Messrs. Comer, Powell, ~'inn, and the President, Mr. Sma~ --4. NAYS: None ..... 0. (~4829) A RESOLU~XON authorizing transfer of Merchant,s License from J. H. Coekerham, Stall ~10, Arcade Market, to ~'. L. M~rris. ( For full text of Resolution see Ordinance Book No. 8, page 468. ]. Mr. Comer moved the adoption of the Besolution. The motion was seconded by Mr. ~inn, and adopted by the following vote: AYES: Messrs. Comer, Powell, ~lnn, and the President, Mr. Small --4. NAYS: None .... 0. to C. R. Stewart on the Arcade Mark et, t o C. ~. ( For } A RESOLU~0N authorizing l?th day of February, 1956, for Stewart and Raymond Adkinson. full text of Resolution see Ordinance Book No. ~, page 4~8. ]. transfer of Merchant,s License No. 1945, issue~ operation of Stalls 21 and 25, Mr. comer moved the adoption of the ~inn, and adopted by the following vote: AYES: Messrs. Comer, Powell, '~'inn, add the NAYS: None ..... 0. Resolut ion. The mot ion was seconded by Mr. i' Pre sid ent',Mr. Sma 11, .... -4. i A (~48~1) A RESOLUTION authorizing transfer of Merchant,s License No. 19¥9, issued to 0. L. Cooper and Sons on the 21st day of February, 19~6, for operation of grocery store at 1217 salem Avenue, S. ~., to H. M. Dannell. 469 ( For fUll text of Resolution see Ordinance Book No. 8, ~age .... }. Mr. Comer moved the adoption of the Resolution. The motion was seconded by Mm. ~inn, and adopted by the following vote: AYES: Messrs. Comer, ~owell, ~inn, and the President, Mr. Small ---4. NAYS: None ..... 0. (~48~2] A RESOLUTION authorizing transfer of Merchant,s License No. 1987, ~issued on the 24th day of February, 19~6, to ~. ~. Co--er, trading as Vest Service ~Station, to J. H. Pillis, trading as Vest Service Station. ( For full text of Resolution see Ordinance Book No. 8, page 469 ). Mr. Comer moved the adoption of the Resolution. The motion was seconded by Mr. ~inn, and adopted by the following vote: AYES: Messrs. Comer, Powell, ~inn, end the President, Mr. Small --4. NAYS: None ...... -0. (~AS~] A RESOLUTION authorizing transfer of Merehant,s License No. 627, issued ~on the 2?th day of January, 19~, to the Connnunity Service Stores, Incorporated. ( I~ f~ll text of Resolutioa ewe 0rdinanee Book No. 8, page 47.0.....} o M~. Ccm~ mmve~ the adoption of the ~esolutic~. The motion was seconded by Mr, Winn, and adopSed by the following vote: AYES= Messrs. Comer, Pceoll, NAYS: Nome-----0. and the President, Mr° ~lnall ---4~ DRUG~ ~ Tho question of purchase of drug supplies and Proscriptions for the City~ having previously been before Council and policy adopted to tion of a Special Committee, was again before the body, Mr. followtag Resolution: eonfo~a with reemnamda-. Pc~ell o£fering the ti ons (~4855) A RESOLUTION direeting policy for purchase of for the City of Hoanoke. drug supplies and presori~- ( For full text of Resolution see 0rdinanoe Book No. 8, page 471}. Mr. Powell moved the adoption of the ~esolutio~. The motion was seconded ~r. comer, and adopted by the following vote: by AYES: Messrs. Comer, Powell, ~'inn, NAYS: None----0. and the President, Mr. Small --4. ouis Fine IRevenue at The ~uestion of reducing Personal Property assessment in the name of for calendar year 1935, as presented to Council by the Ccanmissioner of a previous meeting, was a~ain before the body, Mr. Powell offering the ollow lng Resolution: . !. (~4836] A RE~0LUTION authorizing the Commissioner of Revenue to reduce Personal 471) · Mr. Powell moved the adoption of the Hesolution. The motion was seconded by ~/inn, axial adopted by the following vote: Froperty Assessment in name of Louis Fine for calendar year 19~5. ( For fUll text of Resolution see 0rdinanee Book No. 8, page AYES: Messrs. Comer, Powell, NAYS: None ....... 0. uTSCELLAN~0U&: ROANOKE ~_A_TER ,.0RKS COMPANY: Invoice .00 covering partial payment for ~'inn, and the ~resident, Mr. Small --4. from Burns and McDonnell amounting to services of Roanoke assistants in connection ~ith review and analysis of valuation of Roanoke -:ater ~'orka ouncil. This being in vious ly appropria ted offered the following accordance with verbal agreement, under ~esolution No. 4809 for clerical Resolut ion: review For full text with Mr. C~ner moved Company, was before and ~500.00 having been pre- sex,?loc, .Mr. Come~ Powell, and adopted by the following ill conn~otion'i A RESOLUTION appropriating ~2~0.00 for clerical assistants and analysis of valuatic~ of Roanoke u'ater :~'orks Company. of Resolution see Ordinance Book No. 8, page 47~ the adoption of the Hesolution. The motion was seconded by vote: AYES: Messrs. Comer, NAYS: None-----0. Powell, ~inn, and the President, Mr. Smell --4. AMERICAN LEGION-ALLOWANCES .~ND GIFTS: The President, Mr. Small, brought to the attention of Council tentative agreement with representatives of the American Legion lto appropriate $500.00 to assist in defraying expenses of Convention to be hel~ in oanoke year 1936, and suggested that the appropriation be made in the during the present fiscal year ending June ~0, 19~. The City Clerk is directed to prepare l=oper 0rdtn_--ce or Resolution appropriating 163 164 tho $~,00.00 :J.~ ~e, ot~ an6 bi'ins before Council Reeming. fe~ o oaatderat~oa at its aext INVIT~;.TIONS: The ~resident, Mr. Smell, brought before Council, and read invita- tion from .the Revarea~ Thomas Bernard Martin, requesting the presence of Council at the 'Silve~ Jubilee' of his 0r~lnaticu on Thurad~v, Jun~ ll, 19360 at 11:00 o,oloek la. m., at St. Andrew,~ Church. The City Clerk ia dl~eoted to I express Council,s iCouncll ho~e to be able to attend. PARKS AND PLAY~R0~DS~ The City Manager brought ~plans of the South Roanoke ac kno~t edge receipt of the invitation and to appreciation of same, with the suggestion that the members of be fore Co~nci 1 ~reliminar~ Park, as prepared by Mr. A. 'A. Farnhem. On motion of Mr. Comer plans with the feet in width, driveway as .to permit seconded by Mr. ~inu, the City Manager is directed tO approve the preliminary exception of the service driveways ~hich are to be shown as eight and the plans for tree planting to be of sufficient width from the widening sene ~ithout interference if, and when, such ~ddening should seem necessary. STREET ~IDENING: The City Manager brought to the attention of Council verbal proposal from C. V. Lavender ~_nd G. W. Forbes for Avenue and Montrose Avenue, Mr. Forbes having offered necessary cost of $130.00, and Mr. Lavender at a cost of $10.00. On motion of straightening alley between Murray right-of-way a~ a Mr. ~inn, seconded by Mr. Powell, the City Manager is directed to close negotiations for the purchase of property in question, and the City Attorney is directed tQ prepare necessary Ordinance and deeds of conveyance for same. LIBRARY: A communication from George S. Shaokleford, ~r., President of the Roanoke Public Library, asking that the Librexy building be taken over and cared for by the City, the same aa other buildings owned and use~ by the City and serviced as to repairs, maintenance, etc., was before Council. After a ~iscussion of the question, Mr. Powell is appointed to serve with the City Manager as a committee to wox~ out such plans as seem for the Best interest of , the City, and make report ami recommendation to Council. !' SCHOOLS: :.~chool having been "Session before The. question of installing new heating plant in the Lee Junior High discussed with employees of the School Board in _.~recutive the regular meeting of Council, and deoisim reached for an approprtaJ cOSt Of same, carrying this beginning July 1, irish of ~29,000.00 for the it ' was 1935, a special ~tr. Small, that inst cad of fiscal period the suggestion of the President, in .the School Budget for the next appropriation be made out of the directed ]~resent fiscal 'De~iod ending June ~0, 19~6; whereupon, the City Clerk is There being no further business, on motion, duly seconded, Council adjourned, to 1 iaeet in $1~Cial Session som~. trl~ during the comt.~ we~: fei' further con-~ideration of the Budget. APPROVED President COUNCIL Friday, ~2~R MEETING, ~une 12, 1936. The'Council of the Gity of in the Municipal Building, early meeting hour being beginning July 1, 1956. PRE~E~T: ABSENT: eaZ~.ed Roanoke met in regular meeting in the Circuit Court Friday, ~une 12, 1956, at l:50.o, olook p. mo, the for open discussion of the Budget for fiscal yea~ Messrs. Bea~, Comer, Pceell, None ----0. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. OBJECT OF THE MEETING: The President, Mr..Small, stated ginn, and the President, Mr. ~nall --5. the early meeting that hour had been called for the purpose of conference with Mr. R. J ~atson, Clerk of 'i l'the Courts, and Mr. Il. E. Mayhow, City Sorgeaut, in connection with Budget appropria* tion for the fiscal year beginning JUly 1, 1956, it being the_ understanding at 'tconference held in November, 1955, fixation of salaries and expenses employees in each office would be for consideration of Joint recommendatic~ for to the Compensation Board, that salaries of two adjusted at this time. The question Of adjustments ~ussed somewhat at length, it being included, in the Budget for the next tion Board as a Joint recommendation for the calendar ~alartes and expenses by the C0m~ensatiom Board. in accordance with mutual understanding was dis- understood if agreement was reached that figures fiscal period would be submitted to the Compensa-~ year 1957 for fixation of for deputies in their Both Mr. Watson and Mr. Mayhew agreed that if Salaries respective offices could be adjusted satisfactorily, they were agreeable to reducing he$?,000.00.~salaries allowed by the law to the figures -- heretofore udget; viz', ,6,600.00, for the Clerk of the Courts, and $6,500.00 for the City in the ~erge-nt. At this Juncture it was suggested that the adjustment of salaries of the two ~iofftoes be handled separately, Mr. Bear suggesting that the Clerk of the Courts, Department 'be dis~osed of first. Mr. 'lateen requested that the typists in his office be adjusted with the City. salaries of. his first and third deputies and in view of their long service and efficient work three~ There being some difference of opinion as to the adJustmen~ of salaries of three]. typists in question, particularly as to whether or not the amount should 'be fixed ~ at $840.00 or $900.00 per year, the President, Mr. Small, stating, and being supported by Mr. Powell, 'as $84o.00. that the previous understanding was the amount would be recommended Council he.t,z~; unable to reach an unanimous agreement, Mr. Bear moved that first deputy' s salary be ~er year, and the three Comer and adopted by the AYES: Messrs. Bea~, NAYS.~' MI'. Pc~ell, The salaries are, fixed at ~5,000.00 per year, and third deputy, s salary at $1,800.0,0 typists at $900.00 per year. The motion was seconded by Mr. ] following vote: ~I Comer, and gi_n.~ --~ .....3. i!~ and the President, Mr. Small-2. therefore, fixed as enumerated in the motion, it being agreed ~y the Clerk of the Courts that the salaries so fixed shall constitute the joint '165 166 submisoion to tho Cmapensation Boa~d for oalemdar yoa~ 1937. CITY SERGEANT: The City ~erpant havin~ a~reed to reduce his salary from $7,000.00 to $6,500.00 heretofore oarrie~ in the Budget, recommended an adjustment i the salary of t~o ~ployees in his office; viz, }~. Winatead, previously shown as second deputy, from $1,680.00 to $8,100.00, in order that the said en~loyee may !become first deputy in his office, and salary of his secretary from $1,050.00 to '$1,200 o00. After discussion of the question, and there being some disagreement as to agree~ adjustment of the deputy, s salary, Mr. Winn moved the salary of the deputy in question AYES: Messrs. Bear, Comer, Powell, and Winn .-.---4. NAYS: The President, t~r. Small ................. 1. The salaries are so fixed as enumerated in the motion, and after stone exception. being made by the City Sergeant as to whether or not should constitute a Joint reco~nendation to the Compensation Board as previously agreed by the Clerk of the Courts, Mr. Mayhew advised Council it was agreeable to him and he would join in the submission to .the said Compensation Board. be fixed at $~,000.00 per year and that of his secretary at $1,200.00 per year. motion was seconded by Mr. Bear and adopted by the folloming vote: ELECTIONS: In further review of the to the attention of Council compensation Budget, the President, Mr. S~mall,. brought of Judges and Clerks under "Cost of Elections", suggesting that the basic rate of $5.00 per uny be increased, which would~ necessitate changing, the suggested appropriation of $?00.00 now sheen in the Budget. After a discussion of the question, it being- evident it would be necessary to appropriate only sufficient funds to provide for one election d~ring the next Budget and clerks should defray the to be/held during the next fiscal period. The amount of period, it was unanimously agreed the basic rate of pay for Judges be raised to $5.00 per day, and that $500.00 would be sufficient to so expenses of the one election $500.00 is, therefore, The City Clerk is fixed as the appropriation. directed to draft prefer ordinance or resolution for the increased compensation from $3.00, as provided by law, to $5.00 per day. RECBEATION D~ARTM~NT: The President, ~&r. Small, again brought before Council the question of consolidating the Recreation Department and Director of Parks, the Recreation Director to be appointed in the dual capacity as Director of Parks and Pla ygr o unds. i The City Manager concurred in the suggestion and it was ;.of Council that this should h~ done in the interest ~is so directed to make the appointment. the 'consensus of efficiency. of opinion The City Manager LEAGUE OF FiRGINIA MIINICIP~I~ES: The P~esident, Ear. Small brought to the itention of Council an item of ,1,050.00 shown _tn the Budget as dues to the League The Virginia Municipalities, and moved that the item be strihken f~om the Budget. motion was seconded by Mr. Bear and after a discussion expressed a willingJ~e~s to i~olude som~ nominal ~u~aount :toward the League, and the City Manager explaining briefly the ithe menbership, mentioning particularly the bulletins received 'session and the school for policemen conducted under the auspices of :motion as originally made was adopted by the following vote: AYES: ~essrs. Bear, Powell, of the question, Mr. Bea~ that the City m~ght oontribut~ benefits derived frcm~[ dur~,g the legislativ$ the League, the!I Winn, and the President, k~r. Small--4. NAYS: Mr. Comer ....... 1. LIBRARY: The item of insurance end repairs to the Roanoke Public Library was II a~ata before Council, the oonmittee previously appointed for invest i~ation report: 167 composed of Messrs. Powell and Hunter, having an~ reo_.cew._ _-~__dation, submitted the following · Re~a~ding the cmnnunication frcm Mr. George S. 3haekleford, Jr., President of the Roanoke Ptfblic Library Board asking that the library building be taken over and oared for by the Cit~_ the s.a~.~a other bvlldl to a eo...ittee consisting of ~. M. Powell, 8ounctlman, and ~. P. Hunter, City Manager. "Your committee has inspected the Library Building and recc~nend that the City ~a~ntain it as it does other City owned buildings and we find that the building is very badly in need of repairs. "The following work should be done: 'Repair and paint all wood work, guttering and down spouts, on the outside of the building. "Patch stucco on the outside of the building. "Paint all wood work on the inside of the building. "Paint and repaper walls inside of the building. "Change electric wiring to ~ovide better light for the hook stacks. "Paint aL wood work on the outside of the ~lmwood Park Keeper, s house. "We estimated that to do this work by using ~. P. A. labor as far as possible it ~uld cost approximately $1,500.00. · Respectfully submitted: ( Signed ) g. M. Powell, Councilman, ~'. P. Hunter, City Manager." Mr. Comer moved that Council concur in the recommendation of the ccmznittee. The motion was seconded by Mr. Bear and unanimously adopted. Mr. Bear moved that the item of $g30.00 shown in the Budget be increased ~o $1,530.00 in accordance with the recommendation of the committee's report. The motion was seconded by Mr. ginn and unanimously adopted. I~XlOII~I~INO D_~rPART~Itl~: The quost ion of salary of d. raf~smen in tho Engine~'ing Department, carried as $1,682.88, and that of instrument man, a new employee, shown ..as $1,800.00, was before Council. After a discussion of the ~uestion, it was unnp!mously agreed that the salaries should be reverse~; i. e., the raised t o $1,800.00. Ail controversial President, Mm. Small, ne~ employee carried at $1,682.88 and the old employee relating to the Budget having been disposed of, order of business would be reverted to. que st ions stated the regular It appearing that a copy of the the m~nutes of the previous meeting having uDon motion of Mr. Bear, seconded by Mr. approved as recorded. Mr. E. J. Qut~ of the Jackson Neighborhood Council, been furnished each member of Council, Wins, the reading is dispensed with, and the minutes ~EARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND PLAYGROUNDS: appeared before Council asking that further consideration be the Rogers Estate for park purposes, adjoining Jackson Park. given to the purchase o$ Mr. Quinn was advised that the cc~n~ttee appointed for consideration of the matter had been unable to reach an egreeuent with the property owners, and that the committee was still functioning with a view of further negotiations. Later during the meeting Mr. C. S. Council and submitted a proposition of Spindle, who previously appeared before $40,000.00 for the property in Question, submitted another proposition, the l~rice being $35,000.00 and a counter-proposal fort the City to acquire a portion of the said Rogers Estate adjoining Jackson Park, the i !o~emaladez to be divided Jato Iota. Mr. Spindle was advised to secure price f~r the l~rtXom of the property ah~ea n the blue print and submit both propositions to the cam_re!tree oompooed of Messrs. iWinn, Powell and Hunter The same o _,:,,.mt ttee :Cool. ay for aoquisition of ,and playground purposes. ; if other matters relating and reenac~ Resolution for report and reocmnendation to Council. is appointed to confer with the lee. Raleigh Court Land land near the loodx'ow lilson Junior High School for park PURCHASING DEPAR~AENT: At this ~unoture the President, Mr. Small, advised that there were no objection, the regular order of business would be 6isposed of for to the Budget, the first question being an ordinance to amend No.. 4~46, adopted by the Council of the City of Roanoke on the ~th day of September, 1934, entitled, "A Resolution to authorize the creation and i establis~nent of a Purchasing Department in the City of Roanoke", the Ordinance in question proposing to consolidate the Purchasing Agent with the office of the City the President, .Mr. S-~ll, moving the adoption of the Ordinance. Mr. Comer suggested that an opi~_t_on from the City Attorney was w it haut Clerk, and that the City Clerk hereafter appointed by Council be appointed as PurchaSing Agent, which Ordinance was read before Council ( see copy in office of the City Clerk), indicated that Counci.1 authority in appointing a Purch_-sing Agent, and asked that the opinion be! again read before Council, which was done. The President, Mr. Small, stated the fact still remain.~ that the appointment of Purchasing Agent was made by Resolution adopted Purchasing Agent has been functioning under this in Sept ~mber, 1934, and that the authority since that time, and in order to have the matter determined he would relinquish the Chair to ~r. Comer and still submit the Ordinance, which has for its purpose the consolidation of the work of the Purchasing Department with that of the City Clerk's office. After further discussion of the question, it being suggested that the proposed Ordinance be referred to the City Attorney for opinion as to the legality of same, Mr. Powell seconded the motion as originally made by the President. Mr. Comer recognized Mr. Bear, and offered motion that the proposed Ordinance be referred to the City Attorney for opinion before acting on s~e. Mr. Comer,s motion having no second, Mr. Bear recognized Mr. '~inn, and seconded the motion as made by Ltr. Comer. After further discussion of the question, Mr. ~inn suggesting that see the Ordinance carried over one week, Mr. Comer,s motion was put he would like to a vote wit] .th e following re sul t: AYES: Messrs. Bear, Comer, and Winn ..... 3. NAYS: Mr. Poeell, and the ~resident, Mr. Small--2. The City Clerk is, therefore, directed to submit the Ordinance to the City Attorney for opinion of sa_me. BUDGET: The President, ~M. Small, brought before COuncil, Ordinance proposing to amend and reenact Ordinance of the City of Roanoke on the ~th day of JuJ~, City employees. After discussion of the proposed Ordinance, and some re!nor small, offered the following emergency 0rdinauce: and read, draft of No. 4548, adopted by the Council !! 1935, authorizing restoration of pay to changes, the Presiden (/~4838) AN ORDINANCE amending and reenacting Ordinance Council of the City of Roanoke, Virginia, .'"Au Ordinance authorizing the restoration i cers~ and employees of the City of Roanoke, ~4548 adopted by the on the SSth day of ~une, 1935, ent it led, of 5% pay to monthly salaries of all offi- including perso-nal of the Roanoke City Soho~la, and ~f per hour to is 2,000.00 or less.- all hourly rated mployees, whose annual compensation ( M~. Small moved the adoption of M~. Bea~, who commented he was doing by the following vote: For f~ll text of Ordinance .ce Ordinance Book No. 8, page 472 ). the ordinance. The motion was seconded by so with a great deal of pleasure, and adopted AYES: Messrs. Bear, NAYS: None -----0. Comer, Powell, ~'inn, and the President, Mr. Small --5. In this connection the City Auditor is directed to prepare revised Budget figures, includin~ the increased pay, and submit to Council at its next regular meeting on Friday, June 19, 1956o reference and al so AND SIDE~A!.K ASSESSME~TS: Mr. Henry Glasgow appeared before Council with to having interest eliminated on Sewer Assessment owned by I. T. Jacobs for a Mrs. Aldrich, advising Council that his clients are ready to pay the ..amount of assessment at any time the City decides to re~it interest on same, there .ibeing some question as to whether or not the same was properly assessed. _ The President, .Mr. ~all, advised that the City Clerk has numerous cases of a ISimilar nature on file in his office, and that in all probmbtlity the collection icl the Sewer and Sidewalk Assessments would be turned over to the Delinquent Tax Department for collection, and that as promptly as possible after the tra-mfer of ~hese accounts, Council would ~ow pending. adopt a policy for handling the controversial questions PETITIONS 'AND CO~ICATIONS: ROANOKE WATER ,~OP~S OOMPANY: permit to open Third Street, Wasena, distance of approxim~_tely 300 feet, was before Council, the City Manager recommending Application of the Roanoke Water ~orks Company for North from ~,"inona Avenue to York Avenue, a for the purpose of laying a 2 inch water main, that the permAt be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager and offered the following [1" (~4859) A HESOLUTION lay a 2 Res olut i on: granting a permit to the Roanoke Water Works inch war er main in Third Street, Wasena. Ccmpa~ to ( For full text of Resolution see Ordinance Mr. Bear moved the adoption of the Resolution. and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the NAYS: None ..... O. Book No. 8, page 474). The motion was seconded President, Mr. ~ll --5. by Mr. PARKS ,did iLaYGROUNDS: A communication from B. E. Chewning, Vice-President.of the W'est Raleigh Court Land Company, asking for Council is interested in purchasing the land ground purposes, was before Council. The City Clerk is directed to acknowledge receipt of the eommnnication and to advise Mr. Chewning that the question has been referred to the Parks Committee heretofore appointed, who wall confer with him. some decision as to whether or not near ~'oodrow Nilson School for play- REPORTS OF OFFICERS: P~ORT OF THE CITY MANAGER: ed and expend itu~es fifty-seven cents. The for week ending June 4, The report is filed. City Manager submitted report of work accomplish..- 1936, showing cost of garbage removal as~ 1 I '169 170 APPOXN~Ei~T$: The City Manager mubmitte~l report shoving ap~ointmeat of T. L. Griffith as Clerk to aulot Burn~ an~ McDonnell in oonnootion with surveF of tho Roanoke later lor~ C~apny, effective T~eoda~, June 9th, at a salary of $100.00 peZ month. The report is C(MMI$SIONES OF REVENUE: The C_~,mtseione~ of Revenue submitted report showing summary of license8 for the month of May, 19S6, shc~ing collection of $149,S48.26 to date, as compared with $1S6 ,485 .17 for the s~ne period last year. The report is fi led. ~_~.A;.TH DEPAR~T ~ Report showing activities of the Health Department for month 'of I,tay, 1956, was before Council. The report is filed. SEWER AND SIDE~'AII ASSESSMENTS: Ccemunieation from the City Attorney with reference to amendatory Ordinance to permit collection of Sewer and Sidewalk Assess- meats by the Delinquent Tax Department, was before Council ( see copy of ssme in office of the City Clerk), it being the opinion of the City Attorney that an ordinance submitted to repeal 0rdin_~nce No. 4815, adopted by Council on the 29th, -day of May, 1936, would fully take care of the situation. The question of making the transfer and repealing the Ordinance heret~fore adopted was discussed, it being the consensus of opinion that in addition to the Ordinance a Resolution should also be adopted directing the transfer of the accountability from the City Clerk to the Delinquent Tax Collector; whereupon, Mr. Bear offered the following Ordinance for its first reading: (~4~40) AN ORDINANCE to repeal an Ordinance l~ssed on the 29th day of May, 1936, No. 4816, in relation to transferring the uncollected Sidewalk and Sewer .Assessments, together with all records office of City Clerk to the Delinquent ami information relating Tax Department. t her et o, from the BE IT ORDAINED by the Council of the City of Roanoke, Virginia, ordinance passed on the 29th day of May, 19~6, No. 4816, in relation of uncollected Sidewalk and Sewer Assessments, and px~viding for the such assessments, that an to the transfer}. ! transfer of all:!. together with all records and data relating thereto, fr~n the { office of City Clerk to the DelinQuent Tax Department, created by Ordinamce No. 4~BO, be, and the same is hereby repealed. The 0rdinence is laid over. Mr. ~inn offered the following Resolution: (~.~.1] A RESOLBTION designating the Delinquent Tax Collector to collect past due Sewer and Sidewalk Assessments for the City of Roanoke. ( For full text of Resolution see 0rdi~nce Book No. 8, page Mr. Ninp. moved the adoption of the Resolution. The motion was seconded by Mr. Powell, adopted by AYES: Messrs. Bear, Comer, NAYS: None ..... 0. The Resolution is referred the following vote: Powell, Wi~, and. the President, Mr. Small--5. to the City Attorney for an opinion as to the validity of same. /REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. CONSIDERATION OF 0LAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-CITY AUDITOR: The City Auditor having requested transfer of funds in certain accounts in his Budget for the fiscal year ending June 30, 1936, the City Manager race,heading that in the recommendation of the City Manager and offered the (jd 481 O tDrN C] to 0rd~nanee adopted by the of ~, 19~, No. 4547, ~isoal ~. Be~ ~ved Co~e~ ~ the transfer be made, Mr. Bear moved that Council eoaeur following 0rdinance: amend and resumer Section ~4, of an ~th, day "An 0rdinanoe making appropriations for the "City Auditor*, Council of the City of Roanoke, Virginia, on the and ant itl e~, year beginning July l, 19~5, and ending June 30, 19~6.- Fo~ ~lAll text of 0rdinanee see Ordinance Book No. 8, page 475 ). the adoption of the Ordinance. The motion was seconded and adopted by the following vote: by Mr. AY~-~_: Messrs. Berm, Comer, Powell, Finn, a~d the President, Mr. Small---5. NAYS: None ----0. BUDGET-ALLOWANCES AND GIFTS: Council having gone on record to appropriate $500.00 to assist in the defraying of expenses of the American Legion Convention to be held in Roanoke, an_d decision reached to appropriate same out of funds for fiscal tyear ending June-30, 19S6, and the appropriation for "Allowances and "Ibsen exhausted, Mr. Winn offered the following Ordinance: Oifts" having I' (~4845) AN ORDINANCE to amend and reenact Section ~111, "Allowances and of an day of June, Gifts", Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th 4547, and entitled, "An Ordinance 1935, NO. the fiscal year beginning July 1, 1935, and ending June ( For full text of Ordinance see Ordinance Book No. ~r. Powell, making appropriations for 30, 1936." page 475 ). Mr. ~inn moved the adoption of the Ordinance. The motion was seconded by and adopted by the following vote: AYES: Messrs. Bear, Comer, Fowell, ~inn, and the President, Y.r. Small--5. NAYS: None ..... 0. BUDGET-SCHOOL BOARD: Counc il and ventilating tary appropriation of ~29,000.00 for new heating/plant at Lee Junior High School, .'Ordinance adopted by the ~f June, 1935, No. 4547, .~iscal year beginning July 1, 1935, and having gone on record as authorizing the supplemen- Powell offered the following Ordinance: (~4844) AN ORDINANCE to amend and reenact Section ~90, "Schools", of an Council of the City of Roanoke, Virginia, on the 28th day and entitled, "An Ordinance making appropriations for the ending June ~0, 19~." 476 ) · ( For f~ll text of Ordinance see Ordinance Book No. 8, page Mr. Po~ell moved the adoption of the Ordinance. The motion was seconded by ~r. Bear, end adopted by the following vote: AYES: Messrs. Bear, Comer, Pomell, NAYS: None ..... 0. the Presiden$, Mr. Small--5. .i There being no further business, on motion of ~M. Winn, Council adjourned until' ;:00 o'clock p. m., Friday, June 19, 1936. 1'71. 172 COUNCIL, REGULAR MEETXNG, Frid~, June 19, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court :Room in the M::_n_ioipal Building, Friday, June 19, 1936, at 3:00 o, olook p. m., the ::regular meeting hour. : PRESENT: Messrs. Bear, Comer, A~SENT: None----0. Powell, ~inn, and the President, Mr. Small --5. The President, ~r. Small, presiding. OFFICERS PRESElqT: Mr. ~. P. Hunter, City Manager. MINUTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion, of the reading is dispensed with, and the minutes approved as recorded. The President, ~r. ~mall, stated it was his suggestion that Council Resolution expressing condolence and sympathy to the family of Luther G. to adjourn to reconvene at 2:00 o,clock p. m., Wednesday afternoon, for the transac~ of pressing business before the body, in order that members the furneral to be held at 4:00 o'clock. It being the unanimous opinion that this procedure should be followed out of respect to Mr. Stiff, a former Councilman and Vice-Mayor of the City of Roanoke, Mr. Comer offered ~EAS, Luther G. Stiff, ~r. ~inn, seconded by Mr. Bear. Stiff, and .on 'of Roanoke, and of Council might attend the following Resolution: the Council of the City of Roanoke has been informed of the death of a Vice-Mayor and former Alderman and member of Council of the City WHEREAS, in the death of Luther G. Stiff the city of Roanoke has lost a noble and upright citizen, who has contributed much to its permanent welfare. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the sympathy of this Council be extended to the family of Luther G. Stiff in ~heir brevement, that this Resolution be spread upon the Journal and a copy transmitted to the family of the deceased. Mr. Comer moved the adoption of the Res~ lut ion. The motion was seconded by Mr. i ~inm, and adopted by the following vote: AY.ES: Messrs. Bear, Comer, Powell, ~ri_nn, and the President, Mr. Small ---5. NAYS: None ..... 0. RELIEF: The City Manager requested before adjournment that Resm-lution making application for relief funds as authorized by Chapter 223, Acts of Assembly, 19S6, censidered, the question being of urgent nature; ~hereupon, l~r. Beex offered the follow~n~ Resolution: i (~4846) A RESOLUTION authorizing of Chapter 223, Acts of Assembly, application for State relief funds pursuant to provisions 1936. ( For full text of Resolution see Ordinance Book No. 8, page Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. :~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powe]l, ~inn, and the President, Mr. Small --5. NAYS: None ...... 0. On motion o£ ~. Bear, 8eoonded by I~. ¢ome~, ~ounoil adjou~ne~l in ~es~eot to Luther G. St~£~, a £ormer Oounoilman and Vioe-liayor o1' the City oi' Roanoke, to reoonvene at 2~00 o'olook, po m., Wedneaday, ~une 24, ~PPROVED Pr e s i dent 173 174 C0UNCI~, ADJOUi~'ED MEETXNG~ lednesdaT, .Tune 24, 19~. The council off the City of Roanoke met in adjourned meeting Ln the Roc~ in the Municipal Building, '~ednesday, June 24, 1936, at 2:00 Circuit o, clock PRESENT: Messrs. Bear, Comer, Powell, ~inn, and the President, Mr. ~nall--5o ABSENT: None ..... 0. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. The President, Mr. Small, stated before proceeding with the special ~der of business he woudl ask for an Executive Session of Council. After the recess, the ~'resident, Mr. Small, stated that a quorum being present, the Adjourned Meeting of Council would proceed with the special order of business, which is the consideration of the Budget. PURCHASING DEPARTMMqT: At this point, the President, M~. ~mall, called attentio~ to an opinion from the City Attorney, at the request of Council, the opinion being dated June 19th, affecting the i-urchasing Department of the City of RoaBoke as stating further that the subsequence of the provided for in the tentative Budget, of the City Attorney City Attorney's opinion is the Purchasing Department as now probably without force or effect for reasons enumerated. The President, Mr. Small, stated that persone!ly he and recogonizing the created is invm~lid and ~rovides the Budget for fiscal year beginning July 1, 1936, was adopting the opinion Vice-Chairman to move that Item #10 of which for a Purchasing Agent, stenographer, Vacation Substitute, and Miscellaneous Expenses co nd uct for the of the office, amounting to $4,780.00, be stricken frcm~ the Budget. The motion was seconded by Mr. ~inn, ~-nd adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~;iinn, and the ~'resident, Mr. Small --5. NAYS: None ...... O. The A~resident, Idr. Small, stated in order that the purchase of supplies for the .necessary conduct of the City's business be heudled by someone ' constituted and i Ordinance: designated for that he was purpose, properly and legally offering the following emergenSyi: a Purchasing Depar~ne~t (~4845) AN ORDINANCE crest ing defining its functions, providing for the appointment of its head and prescribing the duties an_d responsibilities of the head of said Departmem~. 477 _). ( For full text of 0rdinamce see 0rdineuce Book No. 8, page _ Mr. Small moved the adoption of the Ordinance. The motion was seconded by for the City of Roanoke, Mr. small--5. Powell, and adopted by the following vote: AYES: ~essrs. Bear, Comer, Powell, Winn, and the President, NAYS- None ..... 0, It was unanimously agreed that the Budget for the City Manager's Department i'include salary of Purchasing Agezzt, $2,?00.00, and that the following items be '~changed: Stationery, $850.00; Postage, $150.00; Telephone and Telegraph, $100.00; Advert ising, $50.00. II !1 It ~eing further understood between tbs City Manager and Co,,noil Purchasi'~g Agent will be moved into the office of the City Manager in services might also Se utilized for the benefit of the City Manager. that the order that hi CITY MANAGFdt: The President, Mr. Small, moved that the salary of the City Manager as shown in the tentative Budget be fixed at ~6,000.00 per year. The motion was seconded by ~M. ~iimm, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, NAYS: None ----0. 'Jimm, and the ~resident, Mr. Sma 11 --5. The President, Mr. Sma~, moved that the salaries fixed for the City Manager and the Purchasing Agent are not subject to any horizontal increase granted by Council effective July 1st. The motion was seconded by Mr. finn, and unanimously adopted. At this point, the ~'resident, Mr. Small, stated there was another item in the Budget requiring an Executive Session of Council and moved that CouncLl recess. After the recess, the President stated it was his understanding that the status of the Budget was ready for final aaoptton with the exception of two items, one being the appropriation for the School Board, and by unanimous approval the City Clerk is directed to request the School Board to meet with Council at 2:00 o,clock !p. m., Friday, June 26, 1936, for final discussion of the School Budget. CITY CLEHK: The President, Mr. Small, stated for the benefit of Council, the other ~t~a~ in the Budget, which is open by virtue of an uncxpected development, is the matter of salary for the City Clerk, $~attng further, "For the benefit of Council I wish to. state that last week I was interviewed .tby an executive officer of one of Roanoke,s larger institutes, who advised me they ave offered b~r James an executive managerial position with his organization. "I feel confident I am expressing the unanimous sentiment of Council, we are loathe to part with the services of '~r. J~es if it becomes necessary in the wisdom of his judgment to make a decision, and that decision is such that he will have to sever his connection with Council effective August 1st. "Council feels unanimously that Mr. James has been a most effective and ~fficient City Clerk, he has cooperated with Cou_ncil one hundred percent, and his services be, f hi~ services have been extremely satisfactory in every respect. "In or,er that Mr. J~a~s may m~k'~ a decision as to what his future course will the Chat2 will ao~ entertain a motion for adjustment of his salary ard recognition that will enable him to reach a decision as to which position he will iccept. Mr. Winn moved that the sala~ry of Mr. ~3,900.00 per ann~m, effective July 1st. James, the City Clerk, be fixed at 'i The motion was seconded by Mr. Bea~, with She understanding that the officer would not participate in the ?~ percent increase, md with the further understanding that Mr. James will advise Co,mcil at its nex~ egular session on Friday, June 26th, which of the two offers he will accept. notion was carried by the folloming vo~e: AYES: Messrs. Bear, Powell, Winn, e_nd the President, Mr. Small--4. NAYS: None .... 0. ( Mr. Comer not voting). The RECREATION DEPABTM~NT: The City Manager brought to the attention of Council of Mr. K. Mark Cowen, present Director of the Recreation Department, ;he appointment ;o fill the joint duties of Director of Parks end Recreation, and recommended a ~alary of SB,?O0.O0 per annum, plus an allowance of $~0.00 per month for use of mtomobile. Mr. Po~ell moved tb_-t the recommendaticax of the City Manager be 175 I76 concurred in, and that the salary of $2,?00.00 per annum be fixed, plus $20.00 per. month f~r use of automobile. The motion was seconded by Ur. Comer, _-Rd ado~te~ by !the following vote: AYES: Messrs. Bear, NAYS: None ..... 0. Powell, ~inn, and the President, Mr. S~all--5. FRANKLIN ROAD BRIDGE: The President, Mr. S~all, brought to the attent ion of Council question of ~lvision of expenses for right-of-way amd property damage ibetween the Virginian Railway and the City of Roanoke, incident to the construction of the new Franklin Read Bxidge over Virginian Railway tracks, amd recommended that the City Clerk be directed to turn over his file on the subject to Mr. C. E. Hunter, Special Attorney, with direction from Council that litigation be started for the enforcement of payment by the Virginian hallway Company to the City for one-half cost of right-of-way and property damage. the recomme_ndation of the President includes a At the suggestion of Mr. Bear, Joint submission to the Special Attorney end Judge Jackson, City Attorney, it being further suggested that the City Clerk ask the two Attorneys to collaborate in the question. After a discussion of the question, the Pre sid ent, Mr. Small, offered the following Resoluti on: (~48A7) A RESOLU'±~ON directing legal proceedings against the Virginian half cost for right-of-way and property Franklin Road Bridge over the Virginian Attorneys for the City of Roanoke to institute Railway Company for the collection of one- damage incident to the construction of the Hailm~y tracks. For full text of Resolution see Ordinance Book No. 8, page 4?8 I. l.[r. Small moved the adoption of the Resolution. Bear, and adopted by the following vote: AYES: ~essrs. Bear, Comer, Powe11, ~'inn, The motion was seconded by and the President, Mr. Small --5. NAYS: None ..... 0. PENSIONS ~ND GRATUITIES: The City Manager reported the death of J. shown in the Budget under "Pensions and Gratuities", Account ~llO, and City Manager be concurred in. A. Roberts~u suggested, on the reccmmnendation of the City Physician, that E. D. Hall be retired amd his name substituted in the Budget for that of J. A. Robertson, at a figure of $274.04. It was moved, seconded and unanimously agreed that the re comme2dat ion of the ALMS~HOUSE: The City Manager brought to the attention of Council request for a .wheel chair at the Almshouse, and recommended that same be purchased and charged to "Furniture end Equipment" as shown in the Budget. llr. Bear moved that Council concur in the recommendation of the City Manager and that he be authorized to purcha~ ~the wheel chair in question. The motion was seconded by M~, Ninn, ~nd unanimously i adopt ed. .. LIBRARY: The City Clerk is directed to prepare necessary ordinance for [transferring of ~95.00 from "Supplies" to "Traveling Expense" under the Public ~Library Account for fiscal year ending June 30, 1936, snd bring before Council for consideration at its next meeting. There being no further business, Mr. Winn moved that Council stand adjourned until 2:00 o'clock p. m., on Friday, June ~6, 193~. APPROVED Presi dent l! COUNCIL, Yriday, RI~u'r~R MEETING, June 26, 19~6. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Friday, June 26, 1936, at 2:00 o,olock p. m., the early meeting hour being called for conference with the School Board on the Budget foe fiscal year beginning July 1, 19~6. PRESENT: Uessrso Bear, Comer, Powell, ABSENT: None ..... O. The President, Mr. Small, presiding. and the President, Mr. Small--5. OFFICERS PRES~2~T: Mr. W. P. Hunter, City Manager. SCHOOL BOARB: The President, Mr. Snmll, stated that the early meeting hou~ had been called for a discussion with the School Board on the two or three matters ~ relative to the Budget for next fiscal period beginning July 1, 1936, and the question of special appropriation of $29,000.00 for new heating and ventilating plant for Lee Junior High School, as provided for in Ordinance No. 4844, adopted I by Coun~ on t.he 12th day o~ June, 1936, the School Board having taken exception to creditxng th~s amount against an item of $34,987.19 assumed by the City of I Roanoke under Resolution No. ~145, adopted by the Council of the City of Roanoke on June 16, 1931, and also first mortgage bonds amounting to $11,000.00, thereof as may be necessary to b,1 ance the outstanding obligation. or such portion The question was discussed somewhat at length, the Chairman of the School Board Questioning Council's legal right in crediting the $29,000.00 to the amount, his contention being that the $34,987.19 was intended to be earmarked for capital expenditures, agreeing, however, that the Si1,000.00 representing first m~gage bonds is a proper credit. It being the opinion of Council that the $Z9,000.00 for new heating and ventilating, plant might be either whole or partially capital ex- penditures, and that inasmuch as Resolution No. 3845 is silent on the question, simply stating that the $34,987.19 is to be paid at such time as the School Board may need same for school buildings, the offset is a proper one, and that ~ven though the $29,000.0G plus the $11,000.00 would leave a aebit balance against the School Board, it was not the intention of Council to charge any deficiency against the School Board, the purpose being a bookkeeping item to clear this ~ount from the books of the City. After further' discussion of the matter, the City Clerk is dt~ected to forwa~:l. copy of the two Resolutions in questioD to the City Attorney for interpretation and opinion as to whether or not the $29,000.00 can be applied as an offset, it being understood Council will assume responsibility for an~ future Question that may BUDGET: The President, Mr. S~11, brought to the attention of the School Board the item of $130,000.00 as state appropriation shown in the tentative Budget, the Question being raised as to whether or not this item would share in the restoration and appropriations recently authorized by the Governor, effective as the Superintendent of of salaries Schools read a communication from of July 1st. In this connect ion, expect an the Superintendent of Instruction stating the schools of Roanoke could appropriation from the state for the next fiscal_ pariod of approximately $143,000.00. 177 178 In ocementi~ on th~ question, it wa8 8tared by the School Board a recent survey indicated it for in tho tentative off $14,332o00 submitted does not provide for the this ]~urpose Budget at an approximate cost of $5,000.00, and to the City Auditor neoessery for the salary would probably bo neces,ary ~o employ 3~ teachers not provided that tho amounl re storation first year teachers, the approximate mount necessary flor bein~ $17,000 o00. After a further discussion of the question, it was agreed that tho tentative ;'Budget for the School Board should be revised by ,increasing the 'i/tats appro]?~ta- :tion fr~n $130,000o00 to ~143,000o00, and that $5,000°00 would be added for addition iteachers and ~17,000.00 included for restoration priation for school purposes of ~527,000.00. The School Board is further directed to revise their Budget submission in of salaries, making a total eppro- accordance with the figures agreed upon, ~information of Council, and inclusion in and submit same to the City Auditor for the" the Budget when printed. It was brought to the attention of' Council that in order to provide for restore. tion of school employees salaries to include the first year teachers it would be necessary to amend Ordinance 1935, No. 4838, changing date of basic salaries from June 15th to June 1st, 1936; whereupon, Mr. ;,'inn offered the following Ordinance: (~4858) j~l,l 0RDINAI~E to emend and reenact Ordinance'No. 4838, adopted by the Virg i ni a, Council of the City of Roanoke, "An Ordinance amending and on the 12th day of June, 1936, entitled, reenacting 0rdimnce No. 4548, adopted by the Council of the City of Roanoke on the 28th day of June, 1935, entitled, "An Ordinance authoriz- ing the restoration of 5%.pay to monthly salaries of all officers and employees of the City of Roanoke, including personnel of the Roanoke City Schools, etc , ( For full text of Ordinance see urdinance Book No. 8, page 483). Mr. -i/inn moved the adoption of the Ordinance. The motion was seconded by Mr. Bear, and adopted by the following vote: AY:~ZS: Messrs. Bear, Comer, Powell-, '~'inn, and the President, Mr. Small --5. NAYS: None .... 0. .MINUTES It appearing that a copy of the minutes of the previous meeting ~aving _ been furnished each member of Council, upon motion of Mr. Bear, s~conded by Mr. Powell, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND C~ICATIONS: MERCHAiqT,S LICENSE: A request for transfer of Merchant,s License No. 1000 frem Roy 0. Carter to Morrison and Ferrell, was before mending that the transfer be made. mendation of the City Manager and offered the following Resolution: i.i (~4~59) A RESOLUTION authorizing tr~usfer of ~erchant,s License No. 1000, Council, the City Manager recom- i1: Mr. Bear moved that Council concur in the recom-Iti to Roy 0. Carter on the 30th aay of January, 1936, for at i430 J~M. son avenue, S. E., to Morrison and Ferrell. i: ( For full text of Resolution see ~rdinance Book No. ii Mr. Bes~' moved the adoption of the Reso.lurt;ion issued operation of grocery store 8, page 484 ). ¥inn, and adopted by the following vote: The mot ion was seconded by Mr. AYES: Messrs. Bear, NAYS: None .... 0. Comer, Powell, ~'inn, and the President, Mr. Small --5. ~_.RCH~NT'S LICENSE: A request for transfer of Merchant,s License No. 1167 fr~ i, O.~ R. Dunman to Belle Halpern, was before Council, the City Ma~-ger recommending ~hat the transfer be made. il I! ~, Winn moved that Council concur in the recommendation and offered the following Resoluti~n: of the City Manager, (~AS~O) A RESOLUTION authorizing transfer of Merohant,s License No. 1167, issued to C. R. Dun_m~n, trading as Park Inn, on the ~Oth day of January, 19S6, Belle Halpern, trading as Park Inn. tO ( For full text of Resolution see Ordinance Mr. ~linn moved the adoption of the 2esolution. Comer, and adopted by the following vote: AYES: Messrs. Bear, Comer, i:owell, Winn, and the NAYS: None .... 0. ALLEY CLOSING: A petition signed by J. L. Almond, Almond, Jr., and between Lots Book No. 8, page 480 ). The motion was seconded by htr. President, Mr. Small --5. Josephine M. Almond, reque st ing Jr., for J. D. Jamison, J. L. closing of a twelve foot alley 16, 17, and 18, Section 27, ~nd Lot 15, Section 27, Bmleigh Court Map, entering Blenheim Road, was before Council. The petition is referred to the City Manager to collaborate with the City Attorney in his investigation, report and recommendation to Council. CROSS-OVER: A request from the American Laundry and Dry Cleaners, Inc., by L. H. Mitchell, for permit to construct cross-over to accommodate property at 928 Fourth Street, S. E., was before Council, the City Me_n_ager recommending that the ~ermit be granted. Mr. Bear moved that Council concur in the recommendation of the /,City Manager and offered the following Resolution: i(#4851) A RESOLU~TON granting a permit to American Laundry and Dry Cleeuers, Xncorporated, to construc~ a concrete cross-over to accommodate Fourth Street, S. E. t' ( For full text of Resolution see Ordinance Book No. iMr. Bear moved the adoption of the Resolution. Powell, and adopted by the following vote: property at 926 8, page 4BO). The mot ion was seconded by Nrc. AYES: Messrs. Bear, CGmer, Powell, ~'inn, and the President, Mr. Small--5. NAYS: None .... 0. CROSS-OVERS: A communication from M. wo cross-overs accommodate garage on the east to before Council, the City Man~ger reccamaenO~t, ng that moved that Council concur in the reccmnner~ation of ~[ollowing Resolut ion: F. Cleaton, requesting a permit to construct Street, S. E., was be granted. Mr. Winn City Manager and offered the side of B~z the permit the (~4852) A RESOLtTI'ION granting a permit to M. F. Clearon to construct two cross- ~vers to accommodate property located at the southeast corner of Campbell Avenue ~nd B-~ Street, S. E. ( For full text of Resolution see Ordinance Book No. 8, page 481 ). Mr. '~inn moved the adoption of the ~esolution. The motion was seconded by Mr. iear, and adopted by the AYES: ~essrs. Bear, NAYS: None ..... 0. ROANOKE WATER ~0Bw~ COMPANY~ following vote: Comer, Powell, Ninn, Applic at ion and the President, Mr. Small --5. frcm the Roanoke Nater Works Company 'or perm~_t to open Bluff Avenue, S. N., East from Fourth Street, approximately 'eet, for the purpose of laying a 2 inch water main, was before Council, the City anager reccmmending that the permit be granted. Mr. Powell moved that Council concur 179 n the recommendation of the City Manager and offered the following Resolution: 180 lay a certain vet er main, to the Roanoke ~ate: ~[ork~ Cca~any to ( For .full text of ~tesolutXon see Ordinanoe Book No. 8, page 481 ), Mr, Pouell moved the adoption of the Resolution. The motion was 8oconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Bear, C.omer, Powell, ~inn, smd the President, Mr. Small--5. NAYS: None----0. the City Clerk is'directed to furnish copies of all In this connection, .'Resolutions granting the Rs--eke ~'ater ~orks Company permission to open streets to Mr. Bartlett, representing Burns and L:cDonnell Engineering Company, in order that hi 14~4 Orange Avenue, 'concern might be able to inspect some of the excavations. DELINQU~T TAXES: A commnnication from Mrs. l/. J. Burke, on delinquent taxes for was before Council. ccmmunicat ion, sending N. W., asking that she be relieved of penalty and interest Lot 1, Section 56, Melrose Land Company, for the yea: 1922, The City Clerk is directed to acknowledge receipt of copy of same to the Delinquent Tax Collector, advising Mrs. Burke t~ matter should be handled through the Delinquent Tax Department. City Treasurer requesting refUnd Des~ortes, a resident ~f the County, was seconded by ~-~r. Bear, the request is returned to the how long D. V. Desportes has REFUNIIS aND B~RAT~S: A communi cat ion from the of $1.00 paid for City Head Tax by D. V. before Counc~. On motion cC ~r. Winn, City Treasurer with the request that he advise Council resided in the County. ~R~NDS .AND REBATES: = communication frrm the City Treamrer for duplicate assessment of taxes in name of B. H. Peck, was before Council. The City Clerk head tax and penalty, requesting refund having verified the duplicate payment of $1.05, representing Mr. '~'inn offered the following Resolution: (#4854 ~ A RESOLUTION authorizing refUnd of $1.05 to B. H. Peck covering duplicate payment of head tax for year 19~5. ( For fUll text of Resolution see Ordimnce Book No. 8, page 481). Mr. Winn moved the adoption of ~he Resolution. Boar, AYES: NAYS: None ..... 0. and ad opted by the following vot e: ~essrs. Bear, Co, r, Powell, Wi~, and the The mot ion was seconded by President, L~. Small--5. LEAGUE OF VIRGINIA ~NICIPALIT~ES: ~, c~nmunicatton from the League of Virginia il: ~Municipalities, giving notice of annual convention to be held in Ninchester on 'Monday and ~uesday, Sept~aber l~th and 15th, 195~, was before Council. The com.- munic at ion is filed. KIND ~0RIkS: ~ camunication from. ~. Clyde Cooke, General Convention Chairman of the American Legion, expressing thanks and appreciation for the $500.00 recently appropriated by Oouncil to assist in defraying expenses o.f the American Legion Convention to be held in Roanoke during the Counc il. The ccmmunication is filed. month of zugust, 19~6, was before BARB~: ~ communication from the Associated Master Barbers of Roanoke, signed 'by its President and Secretary, ibeauty shop asking th a t inspector in the next budget, was Count il provide for before Council. a barber shop and D~ring a discussion of the question, the City Namager stated t~at a ~PA worker ~saigned to the Health Departmmt made periodic in~eoti~ne of barber and beauty shops, and was advised that doune tl would be interested in knowing how often the periodic reports are furnished. LICENSE: A communication from C. E. Hunter advising that in the case of the City of ~{omnoke versus J. G. Holt, the defendent was found guilty for violating Section 115~ of the 1936 License brdinanee providing for license on operators of ~ublie markets, and suggesting certain changes when the License Code is rewritten, was before Count il. The City Clerk is directed to forward copy of the communication to the City Manager for his information amd to place same in his open file for possible revisiom when the 1937 Code is written· SCHOOL COAL: A c~mnunicatio~ from the }'urchasing Agent, together with letter from the Clerk of the School Board, asking that Mr. Meador, Janitor of the School Administration Building, be designated to superintend the placing of coal in bins of the school buildings and requesting supplementary c~mpensation of ~2.00 per day for same, was before Council, the City idanager recommending t~t the request be grant ed. M~. Bear moved that Council concur in the recommendation of the City Manager and that L~. Meador be employed for the work outlined and his regular salary be supplemented at the rate of $2.00 per day, the said amount to be charged to School Fuel. C¢-~LAINTS: .~ ccmmunication frc~ H. L. Laughon, 102 icomplaining of noises emanating from railroad siding . Council. The communication is refera'ed to the _¢resident, Mr. Small, tion. Broadway, oouth Roanoke, ROANOKE INSTRUCTIVE VISITING NURSES ASSOCIATION: A communication from the near his home, was before for investiga-'! Roanoke Instructive Visiting Nurses Association, asking for some action on a corn- munication previously before Council with reference to assigning personnel of the :: Instructive Visiting Nurses Association to the Public Nelfare Department was Council The cemmunication is referred to the City Manager LICenSE- EXTERmiNATING G~?ANIES: A communication from Henry M. Glasgow, owner of the Roanoke Exte~nating Company, s~ggesting license, rules, and regulations before for the exterminating business in the City of Roanoke, wa~ before Council. The communication is carried over until the next regular meeting of Council. SEW~ER AND SIDEWALK ^SSESS~TS: Copy of Order in the case of Rose Abdelnour and Bertha Eunice versus the City of Roamoke, ordering that Sidewalk Assessment against property on the Northeast corner of Jefferson Street and Wells Avenue be released as the assessment was improperly levied, was before Council. The City Clerk will carry out the instructions of the Order· LEAGUE OF VIRGINIA MUniCIPALITIES: A communication from the League of Virginia Municipalities, acknowledging receipt of letter from the City Clerk, advising Virginia Municil~ali ti es, In this connection, Secretary of the League, the City of Roanoke will discontinue its appropriation for dues in the League of was before Council. The communication is f~led. and at this time, Mr. Morton L. ~allerstein, Executive personally appeared before Council amd ~old something of the duties performed by ~he League in the interest of cities and towns throughout the state, and asked that Council reconsider the matter with a view of continuing as a member of the League. 181 182 The President, Mr. ~mall, thanked Mr. Wallerstein fcc craning to Roanoke and explaining the activities of the League, and assu~ed him that the matter will be given further co~iderat~on before the Budget io adopted. After Mr. Wallerstein retired, the President brought the matter before council reconsideration for such' action as might f dues in the League. Mr. Powell expressed the thought that be desired in restoring'the $1;050.00 perhaps the City of RoRnoke was not teki~ offered by the League, and whether or not frc~ the organization was ques- advantage of the sorvtoes and informaticm tho City of Roanoke could afford to divorce itself : tionable in his mind. There being no motion to restore Budget, the $1,050.00, previously 'restoration of the _a. mnunt is denied. compl i she d REPORTS OF OFFICERS: REPORT OF THE CITY and expenditures for stricken from the The City Manager submitted reports of work ac- weeks ending June llth and June 18th. The reports g are filed. PURCHASING AGENT: The City Manager submitted report fr~n the Purchasing Agent showing purchases made by the Department from July 1, 1935, to Ju_~e PA, 1936, amm~ting to $229,066.28. The report is filed. DRUGS: The Purchasing Agent submitted through the City Manager bids for drug supplies and prescriptions, as of Roanoke, the bids being on a cost plus basis low, to sixty percent, as a high. Awarding of uontract .is taken office. ROANOKE H0S PITAL: held in abeyance Report from the Roanoke tabular ion of submitted by drug concerns in the City and varying frcm. ten percent, as until the full time physician has Hospital showing list of City patient,: It treated uuring the month of May, 1936, was before Council, the said report showing !258 days' treatment at a cost of $??4.00, and a balance due the hospital as of May 1, 1936, of $1,435.23. The report is filed. P. H. Tucker as Purchasing Agent and Br. E. ~'. Senter as City Physician, effective :-as of July 1, 1956. The report is filed. ~ REPORTS OF C~IITTEES: None. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAIMS: None. I[~RODJ CTION ARD CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-HEALTH DEPAR~E~: The Health Department baying depleted its appropria- ~tion for supplies and having ~equested a transfer of funds in the Budget for fiscal year ending June 30, 1956, and the transfer having been recommended by the City M~nager, Mr. Po~ell offered the follow~ Ord~m. ce: (~4855] AN ORDINANCE to amend and reenact Section ~50,"Health Department", and Sec ti on 'of the City of Roanoke, ..entitled, "An 0rdtn~ce .t ;1935, end ending June 30, 1936." "Venereal Disease Control", of an Ordinance adopted by the council Virginia, on the 28th day of June, 1935, No. ~$47, and making appropriations for the fiscal year beginning July 1, ( For full text of Ordinance see Ordinance Book No. 8, page 482..). Mr. Powell moved the adoption of the Ordinance. The motion was seconded by ~r. ~'inn, and adopted by the follo~ng vote: AYES: Messrs. Bear, NAYS: None - .... 0 o Comer, Powell, ~inn, and the President, Small --5. BUDgET-LIBRARY: The question of transferring funds from the Library Account to permit payment of traveling lng that the transfer be tion of the City Manager, (~4856) AN ORDINANCE to amend and reenact Section ~103, "Public an Ordinance adopted by the Council :day of June, 1935, No. 4~47, and the fiscal year beginning July 1, ( For full text of Ordinance see Ordinance expenses, was before Council, the City Manager recommend~ made. ¼r. Bear moved that Council concur in the reoow,-_endai. and offered the following Ordinance: Library', of of the City of Roanoke, Virginia, on the 28th entitled, "An Ordinance making appropriations for 1935, and ending June 30, 1936.- Book No. 8, page 482 ). Mr. Bear moved the adoption of the Ordinance. The motion was seconded by ~r. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~inn, and the President, ~o s~nall--5. NAYS: None .... 0. ROANOKE ~';ATER ~i0RKS COMPANY: An invoice from Burns & McDonnell for clerical assistance amounting to $246.78, was before Council; also statement for clerk 'amounting to $71.60, was before Council. The invoice appearing to be in order, I,~r. Powell offered the following ~es oluti on: 1' ~ (#4848) A RESOLUTION appropriating $318.38 for clerical assistance in connec- tion with review and appraisal survey of the Roanoke 'dater '~'orks Company. i ( For full text of Resolution see urdinence Book Iio. 8, page 479 ) ii ' NLr. Powell moved the adoption of the Resolution. The motion was seconded by Zr. Bear, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powmll, Winn_, and the President, Mr. Small--5. NAYS: None ..... 0. OFFICE HOURS: The Question of closing offices in the Munici]~al Building at o'clock on Saturdays during the months of June, July and August, was before ~ouncil, Mr. Comer offering the following amendment to Ordinance No. 4181: (#4849~ ~N ORDINANCE to amen~ and reenact 0rd~nance #4181, adopted by 0ouncil of the City of Roanoke on the 29th day of December, 1933, entitled, 'An 0rdin,nce to fix the hours for offices in the Municipal Building." the ( For full text of Ordinance see Ordinance Book No. 8, page 479 ). Mr. Comer moved the adoption of the Ordinance. The motion was seconded by Mr. ~ear, ahd adopted by the AYES: Messrs. Bear, f o11o~[ ng vote: Comer, Powell, ;;inn, ! and the President, LM..5~m-ll --5. NAYS: None ---0. MOTIONS 'AND MISCELLANEOUS BUSINESS: BONDS FOR EMPLOYEES: The President, LLr. Small, brought to the attention of :ouncil a communication from the Auditor of Public Accounts with reference to ,on&i. ng Public Welfare Directors. The c~m~unication is referred to the City Manager ,or action at the proper time. DOGS: Mr. Powell brought to the attention of Council extension of the dog Quarantine for another forty-five day period. STREET CONSTRUCTION: The }resident, Mr. Small, brought to the attention of the City Manager complaint of a resident and taxpayer of improper and duplicate construction of curb and gutter at the corner of ~';2rrington .r~oad mhd Avon Lane. The Question is referred to the City Manager. 183 184 BUILDINg: The President, Mr. ~11, brought to the attention of the 0ity Manager the razing of the Gale Building at the oorner of Jefferson Street and Norfolk .~venue, and asked imstruotions be issued that neoesaary ohutes for removal .of materials be placed on Norfolk Avenue. FRANCHISES: At the request of Mr. Bear, the City Clerk ia directed to furnish ~Counctl statement showing franchises granted by the City of Roanoke, expiration date ~e..r~., ere. i BUILDINGS: The City Manager reported he was in receipt of a proposal from a !gasoline and oil c cmpsny to lease oity property on the corner Of Seoond Street ~Church ~_venue for a gasoline filling station for a period of five years, with the I~rivl.lege of ex'~ending the lease for an additional five years. [ The question was discussed particularly with reference to term~ of the lease somewhat casually, 'e.n_d, on motion of Mr. Bear, seconded by l~r. ~;'inn, a committee composed of Messrs. Comer and Hunter is appointed to negotiate wi th the pr~.spective tenant and bring back report to Cour~il. necessary to transfer $7.42 in his Budget in ~r. Powell offered the following Ordinance: (~485V) BUDGET-CITY MANAGER: The City Manager presented to Council statement amounting to $10.72 covering traveling expenses to Richmond. Be a~vised that it would be order that same might be paid; whereupon, AN ORDINANCE to amend and reenact Section #3, "City Manager", of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the ESth, day of June, 1935, NO. 4547, and entitled,"An 0rd_thence making appropriations for the fiscal year beginning July 1, 1935, end ending June 30, 1936.". ( For full text of Ordinance see Ordinance Book No. 8, page 483· . ). Mr. Powell moved the adoption of the Ordinance. The motion was seconded by ~r. Comer, AYES: Messrs. Bear, ', and adopted by the following vote: NAYS: None ..... O. There Comer, Poweli, Winn, and the being no further business, President', Mr. Sm~11--5. on motion of ldr. Bear, Council recessed until 4:30 o'clock p. m., ,~ionday, June 29, sec onded by If~. ~inn, 1936. APPROVED President 185 COUNC IL Monday ADJOUI~D MEETING, June 29, 1956. The Council of the City of Roanoke met in adjourned meeting in the Circuit Court Room in the Municipal Building, Monday, June 29, 19S8, at 4:30 o,clock ~o mo PRES~: Messrso Bear, Comer, Powell, Winn, and the President, Mr. Small--5° ABSENT: None ..... O. The President, Mr. Small presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. LEAGUE OF VIRGINIA MUNICIPALITIES: Judge R. C. Jackson, City Attorney, appeared before Council and asked to be heard on the question of Council reconsidering its action in withdrawing from the League of Virginia Municipalities. The City Attorney.! stated that while he had no personal interest whatever in the matter, it was his opinion that Council was making a mistake by withdrawing from the League end reviewe~ somewhat in detail activities of the League aM services and information he had been.; able to obtain in his capacity as City Attorney. further action was taken. BUDGET: The President, l~r. Small, stated that this is an Adjourned Regular ~iMeeting of Council and the order of business is co~ideration of Ordinances and This same Question having previously been before Council on several occasions, the following Resolution: financial position of the City of Roanoke to the public press for the information of tResolutions; whereupon, Mr. ¥~inn offered (~4861) A RESOLUTION summarizing the es a matter of record, and for releasing taxpayers and citizens. ( For full text of ~esolutiau see Ordinance Book No. 8, page 495_). ~&r. ~inn moved the adoption of the Resolution. The motion was seconded by Comer, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ','inn, and the President, ~r. Small--5. NAYS: None ..... O. BUDGET: The President stated that the next question before Council was adoption !of the Budget for fiscal year beginning July 1, 1936, and ending J,me 30, 1937, the draft of Budget as agreed upon no~ appearing ready for adoption, the total sppropriaT tions for the period being $2,682,14~.21; whereupon, Mr. Uinn offered the follo~[~g ~[emergency Ordinance: 1, 1936, and ending June 30, 1937: ( For full text of 0rdin_ence see 0rdLmauce Book No. Mr. 'Jinn moved the adoption of the 0rdinance. Powell, and adopted by the folloming vote: AYES: Messrs. Bear, Comer, Powell, Winn, and the NAYS: None .... 0. BUDGET: The Question of Departments maintaining appropriations having previously been AN 0RDINANGE making appropriations for the fiscal year beginning July 8, page 484 ). The motion was seconded by Mr. President, Mr. Small ---5. expenditures in line with discussed by Council, Mr. Powell offered the !following Resolution: I ~ (~.48~2] A RESOLUTION .directing the City Manager to furnish Department heads ~classlfied statement showing smo~lts appropriated for fiscal year beginning July 1, 1936, and dxrecting the City Auditor to submit quarterly reports show~ng expen- 1'86 titureo a~d balances in all classified acoounto. ( For full text of Resolutic~ see Ordinance Book No. 8, ~age 497 ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by Mr. Bear, end adopted by the fUllo~n6 vote: AYES: ~Aessrs. Bear, Comer, Powell, Wi'nh, and the President, Mr. Small --5. NAYS: None ----0. BUD(;ET-(}AME '~ARDENt It was brought to the attention of Council that no funds { For full text of Ordins. nce see Urdinence Book No. 8, page .497 ). 'had been appropriated for salary of Assistant Game harden for the month of June, 1.9S6, whose e~ployment was originally authorized by Council; whereupon, Mr. Bear offered tho following Ordimnce: . ' (~4065) AN ORDINANOE to amend and reenact Section ~47, "Dog Tax Administration". icl an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the "An Ordinance making appropriations ~28th day of Juno, 19155, No, 454?, ond ontitled, .~. ~for the fiscal year beginning July 1, 1935, and ending June 30, 1935." Mr. Bear moved the adoption of the Ordina, ce. The motion was seconded by Mr. ~'inn, and adopted by the following vote: ~essrs. Bear, Comer, t:owell, Winn, and the President, Mr. Small--5. ..,4AYS. None ....O. TRAFFIC: ~tr. Bear brought to the attention of Council that ~he traffic comml_ttee appointed by Council several months ago for codification of the traffic Ordinances was not functioning as rapidly as had been expected, and moved that the traffic committee be discharged, stating that his motive in offering the motion was to offer subsequent motion to turn the work over to the City Clerk. ; During a discussion of the ~uestion, ~r. Bear withdrew his motion and, on motion of i,w. Comer, seconde~ by Mr. Bear, L. D. J-_roes, the City Clerk, is added to the committee on traffic. There being no further business, on motion, duly seconded, Council adjourned to meet on iriday, July 10, 1936, and to observe summer holiday meetings during the ] balance of the year as provided for in the City Charter. APPROVED ,AT COUNCIL, REGULAR MEETING, Friday, July 10, 1936. The Council of the City of i~oanoke met in regular meeting in the Circuit Court Room in the i.lunicipal Building, re~lar meeting hour. ~riday, July 10, 1936, at 3:00 o'clock p. m., the ~RESENT: Messrs. Bear, Comer, Po~ell, Ninn, and the President, blt. S~all--5. ARSENT: None---0. The President, ,Mr. Small, presiding. OFFICERS PRESF~,~: htr. ~'. P. Hunter, City Manager. MII.~TES: It appearing that a copy of the minutes of the previous meeting hav~ng ' been furnished each member of Council, upon motion of Mr'. ~'inn, seconded by Mr. Powell, the reading is dispensed with, and the minutes approved as recorded. WEARING OF CITIZ'ENS UPON PUBLIC I.~ATTERS: ROANOKE TUBERCULOSIS ASSOCIATION: Dr. C. B. Ransone, City Health Officer, :appeared before Council and introduced a delegation interested in colored tubercu!_osis control, including Dr. I. C. Riggin, State Health Commissioner, Dr. J. Belmont. Woodson, Superintendent of Piedmont Sanatorium at Burkeville, and Dr. Lamson, member of the ~ State Board of Health, as well as representatives of ~he Roanoke Tuberculosis Asso- ciation, including ~Ir. Paul C. Buford az~ Miss Elsie Dyer, Executive Secretary. Dr. Ransone explained briefly the situation e~sting among the colored tubercu- lar patients in the City of Roanoke, a~d for the information of the visiting delega- tion told of the City's contemplated proposal for erecting an addition at the Pied- imont Sanatorium for priority use of Roanoke patients, and called on Dr. Riggin to explain the procedure and method followed in handling the patients. Dr. Riggin explained to Council that should the City of Roanoke erect a sanatorium at Piedmont, the City could not expect exclusive use of the addition, nor;~ could any assurance be given tl~t the addition would be maintained out of state funds ~as now appropriated. Dr. ~/oodson, the superintendent of the sarmtorium, told of the u2gent ruled of additional facilities at Piedmont Sanatorium, intimating that Roan_eke muld probably! make a mistake in erecting any building at the sanatorium, and suggested that the proper' p~ocedu~e for relieving the existing colored tubercul~ situation throughout the state would be to bring concerted action on state legislators, with a view of having additional funds appropriated for enlargement and maintenance of the sana- torium at Burkeville. In commenting on the question, the President, Mr. Small, suggested that perhaps funds might be available, and that the Governor could by executive order sppropriatei for eB!argement of the sanatorium, ich might be brought ahout by joint action cities throughout the state, it being recognized that the existing problem is ~rgent. ,.~ After a rather lengthy discussion of the Question, it being the consensus of ~pinion that the erection of an addition at Burkeville by the City of Roanoke would ~ot relieve Roar~ke,s immolate problem, the President, Mro Smsll, expressed Council,s ~ppreciation for the delegation taking the time and trouble to come to Roanoke and judgment ~ntering into the informative discussion of the colored tubercular question. NOTES: Mr. Roy R. Rush, Attorney, appeared before Council and asked that 187 188 against ~r. and Mrs. ~. A. Ahdelnour, representing an unpaid note given for curb and gutter construction on another piece of property be released in order that oer- ~ain property standing in their names might be disposed of. On motion of Mr. Comer, seconded by Mr. Powell, the question is referred to the 3ity Attorney for investigation and recommendation to Council. PETITIONS AND C (EMI]NICATIONS: DELINQUENT TAZES: A communication from Mr. A. L. Hughson, Attorney, together With file, asking that certain interest charges be released a~ainst delinquent taxes Branding in the n,_~_e of the Mac Realty Corporation, was before Council. i The City Clerk is directed to acknowledge receipt of the communication and to advise that a perusal of the files does not indtoate that the Cit~' is either morally or legally responsible in the omission of the interest payment in Question. COMPENSATION BOARD: A c~w~nication from the Comptroller apportioning $5,645.66 to the City of Roanoke for salary of judges, _s_~d advising that the same should be paid into the The Audi t or I! ~by R. C. Jackson, City Attorney, reccmnuending that the City accept $75.00 license and remit fine of P~2.50 imposed on 3. G. Holt for operation of a public amrket as per Section llS.~ of the License Ordinance, was before Council t · The City Clerk is directed to confer with the Commissioner of Revenue ~ad ~aI'g necessary Resalution of acceptance for consideration of Council s~ its ne~ regular meeting. · UNITED STATES CONFERENCE OF ~/_&YOIqS: A communication from the United Stsh es iConference of Mayors, calling attention to appropriation of Federal Funds for high- way and street purposes, was before Council and discussed. The City Manager is directed to confer with the City Engineer with a view of allotment of the Federal Funds so apportioned. SEWER '3.aND ST01~ DI~IN: Copy of communication from H. ~'. Solomon, addressed to th~ City Manager,. registering complaint with reference to stonn drain in the Northwest section, between 0th and 10th Streets, no-~ under construction, was before Council. The City Manager stated he had advised I&r. Solomon that the entire dra~n will be covered if sufficient funds are avilable. O0MP~S~ION BOARD: Copy of communication from the Chairman of the Compensation Board,~ addressed to the Corm'~ssioner of Revenue, with reference to change in rates of pay of employees in the Commissioner of Revenue's office, was before Council. The communication is ordered held in open file awaiting advice and recommendatio~ from the Commissioner of Revenue. i~ FRAI¢KLIN ROAD BRIDGE: A communication from Mr. C. Bucholtz, President of the '1 :/.Virlginian Railway Company, advisin~ that "we will endeavor to drop in" with referenele ,, to one-half cost ~r right-of-way and property damage incident to the construction !: of the Franklin Road Bridge over the Virginian Railway tracks, was before Council. ,.~' The City Clerk is directed to acknowledge receipt of the communication and to !advise that the City of Roanoke will withhold any legal action until August 1, 1936, copy of the communication to be sent to the City Attorney pending conference ~Lth t t LICENSE: A commm~ication from C. E. Hunter, Special attorney, with concurrance · November, 1936. Treasury of the State on or before December 1, 1936, was before Council. City Clerk is directed to forward copy of the communication to the City !, with the request that payment of the amount be made on the 30th day of i' I ¥irgLutan RsElway represen~ative~. ~I~ME~T SERVICE: A commanioation frcea Frank A. Cavedo, State Director of th~ National Reemployment Service, advising that in view of the fact the Virginia State Employment Service expects to continue its present facility in Roanoke, it would seem the National Re~nplo~uent Service would no longer be concerned with the probable establishment of the Service in Ho-noke, was before Council. The City Clerk is directed to acknowledge receipt of the ocemannication and express Council,s thanks and appreciation for the interest shown by the National Reemployment Service in the question. RESOLb"I'ION of RESPECT: Acknowled-m-ent from ~s. Luther G. Stiff amd family for the Resolution of Respect recently adopted, was before Council. The ccennunication is filed. T~_AFFIC: A communication, together with copy of "Greater New York", with reference to parking meters, was before Council. On motion of I/re. Comer, seconded by Mr. Bear, the communication is referred to the Traffic Committee for consideration, report and recommendation. SCHOOL BOARD - BUDGET: A communication from the Roanoke School Board, tabulating revised Budget Sections as previously submitted to the City Auditor for his informa- tion and inclusion in the Budget for printing, was before Council. The c~munication is filed. ~tthe question of license !'operated i.n the City of I The Cl~y Clerk is V~UDING hLACHINES: The President, Mr. Sw~ 11, for cigarette vending machines now being installed and Roanoke. directed to request the Commissioner of Revenue to appear brought to the attention of Council before Council at its next regular meeting for discussion and recommendation as to proper tax to be imposed on the vending machines in question. MOTHERS' a~D: ~ c~,~munication from Mrs. Russell Burnett, Chairman of the IMothers' Aid Committee, with reference to continuing Mothers' Aid pension to Mrs. l~Elizabeth Henderson for another six months' period beginning July l, 1936, was .before Council, the City M-Bager concurring in the recommendation; whereupon, Mr. ~in~ offered the following Resolution: (#4865) A ~LUTION directing the City ~uditor to pay monthly for period of six months, beginning July 1, 1936, $40.00 per month to Mrs. Eddie Boyd Henderson, designated as Mothers' &id case, said amount to be charged against Relief Costs, Section F58, as shown i.n the Budget for fiscal year beginning July 1, 1936. ( For full text of Resolution aec Ordinance Book No. 9, page l_~__). Mr. ~Jinn moved the adoption of the Resolution. The motion was seconded by ~M. Bear, and adopted by the following vote: AYES: ~iessrs. Bear, Comer, Powel_l, ~jinn, and the President, Mr. ~mall--5. NAYS: None ..... 0. CITY TREA~URER: The City Treasurer submitted report for the month of June showing collections of $159,285.74. The report is filed. ii '~ERCH~N~'S LICF~SE: A for transfer of Merchant,s License 2687 req~st No. from Graves Cash Grocery to Ada Amos, was before Council, the City ~danager recommendi~ ~hat the transfer be made. Mr. Powell moved that Council concur in the recam~enda- tion of the City Manager and offered the following Resolution: (~4866) ~ RESOLUTION authorizing transfer of ~erchant's License No. 2687 issued to Mrs. ~. ,2'. Graves, trading as Graves' Gash Grocery, on the 6th day of July, 1936, to Ada Amos. 189 190 ( For full text of ~eaclution see Ordinance Book No, 9, page ) Mr. Fowell moved the adoption of the Resoluticu. The motion was seoonde~ by Mr. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Foeoll, ~'inn, and the President, Mr. Small --5. NAYS: None .... O. MERCHANT'S LICENSE: a request for transfer of Merchant's License No. 1357 from D. R. Powell, trading as Claywood Filling Station, to J. B. Claytor, Jr., trading a~ Claywood Filling Station, was before Council, the City Manager recom_mending that the transfer be made. Mr. !.owell moved that Council concur in the recommendation of th, city Manager and offered the following Resolution: (~4867) a RESOLUTION authorizing transfer of Merchant's License No. 1357: issued to D. R. lowell, trading-as Claywood Filling Station,- on the 31st day of January, 1936, to J. B. Claytor, Jr., trading'as Claywood Filling Station. ( For full text of Resolution see Ordinance Book Ho. 9, page .. 3 ). :Jr. Powell moved the adoption of the Resolution. The motion was seconded by Mr. ~'inn, and adopted by the following vote: AYES: l~essrs. Bear, Comer, Powell, Winn, and the President, Er. S~oll--5. NAYS :None---0. M~CiUd~'$ LICenSE: A request for transfer of ~,Jerchant's License No. 250? frsn Almeda Hairston, tradimg as Small ~o~n Gm. ocery, to Hoy Wallace, trading as : Hoy B'al!ace trading as Small To~n Grocery. ( For full text of Resolution see 0rdinauce Small Town Grocery, was before Council, the City Manager recommending that the transfer be ~Lade. LLr. Powell moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~4868) A RESOLUTION authorizing transfer of Merchant's License No. 259?, issued on the 1st day of June, 1936, to Al~eda Hairston, trading as Small Town Grocery, tgi Book NO~ 9, page 3~). Mr. Powell moved the adoption of the Resolution. The motion ~as seconded by ~r. ~'inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, '~inn, and th~ President, Mr. Small--5. NAYS: None .... 0. MERCH~\~'S LICEI,~E: A request for transfer of Merchant's License No. 1712 from Teresa I. Sartini to H. E. Legrand, was before Council, the City Manager recommend- ing that the transfer be made. Mr. Powell moved that Council concur in the recom- mendation of the City Manage= amd offered the follomtng Resolution: (~4864) A RESOLUTION authorizing transfer of Merchant's License No. l?lE, issued to Teresa I. Sartini on the 4th day of February, 1B35, for operation of a Confectionery at 2330 Melrose Avenue, N. N., to H. E. LeGrand. ( For full text of Resolutio~ see 0rdin_~nce Book No~ 9, page 1_ ._)- Mr. Po~ell moved the adoption of the Resolution. The motion was seconded by ~'4tr. Winn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Uinn, ~Bd the P~esident, Mr. Small--5. NAYS: None---0. TAXES: Mr. Bear brought to the attention of Council Real Estate Tax tickets [ for the yea~s 1934 and 1935, show~ on the Land Books in the name of I. D. Burrell, "advising that the property in. question was trarmferred by deed ~a.d duly recorded in ! the office of the Clerk of the Courts on October 25, 1933, in the name of Jackson ! FinBey, and as a result of failure to make the transfer on the Land Book peB~lty and interest has accumulated amounting to $14,32, that the interest and penalty be remitted. the said Jackson. Finney asking The City Clerk is directed to request the Commissioner of Revenue to advise why ]~roper transfer was not made at the time the deed was recorded. REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager submitted reports of work acoom- plished and expenditures for weeks ending June 25th and July 2, 1936. The reports are filed. AP POIN~iT~ITS-POLICE DEPAIVD~ ~IT: i appointment of ..'~lfred M. Butler, age The report is filed. The City Manager submitted report showing the 26, as patrol chauffeur effective July 1, 19~ ~ APPOII~i~'.:i~,~S - FIRE DEPARTMENT: The City Manager submitted report showing appointment of twenty new employees in the Fire Department. ( See report in office :ii of the City Clerk). The report is filed. -ii APPOINt,lENTS - CITY PHYSICIAN'S OFFICE: The City Manager submitted report ; i showing appointment of four nurses and one clerk in the City Physician, s Department, -effective as of July 1, 1936. ( See report in office of the City Clexk). The report is filed. The City Manager advised that the personnel appointed is a transfer of employees previously assigned to the Instructive Visiting Nurses Association, and that the I. V. N. A. in closing up its affairs is turning over to the City office furniture and equipment previously used by the Association. The City Clerk is directed ~o draft appropriate' smd comprehensive Reselut ion of thanks and appreciation for consideration of Council at its nex~ regular meeting, and for transmittal to the President of the Instructive Visiting Nurses Association~ APPOIN~.~qTS-PUBLIC ~F~: The City Manager submitted report showing sD point- merit of personnel in the Public Welfare Department, effective as of July 1, 1936. See copy of report in office of the City Clerk). The repor~ is filed. ALLEY CLOSING: A proposed 0rdine. nce for vacating and closing a twelve, foot alley iby J. D. Jamison, J. L. AlmOnd, Jr., There being some question as to shown on the Raleigh Court MaR, submitted by the City Attorney, as petitioned and Josephine M. Almond, was before Council. instructions .contained in the proposed Ordinance, the same is carried over and the City Clerk directed to confer with the subm~ tt ed School Board School to the $~,~87.19, City ~$torney on the subject. SCHOOL BOARD-BUDGET: The City Attorney to crediting $29,000.00 appropriated to the lat ing plant at Lee Junior High Roanoke by Resolution No. ~845, City was within its rights i~n at Lee Junior charging off the $~,987.19 by High School, and assuming payment legal opinion with reference for new heating and ventt- earmarked by the City of the City Attorney giving .as his opinion that the of notes amounting to heating plant ti1,000.00. ilCouncil ~!!involved in this transaction, the intent being to discharge the credit !to the School Board from the accounts of the City. The City Clerk is directed to transmit copy of the opinion to .the Clerk of the School Board and the City Ahditor, with the advice that it is not the desire of to charge the School Board the difference between the credits a~d charges of $34,987.19 NOISEM: The City Attorney submitted a written report amd suggested an apDro- ] priate Ordinance might be considered dealing with noise nuisances such as unnecessar~y sounding of automobile horns and other signal devices on automobiles, motorcycles, busses, etc., and offering to submit ,n Ordinance on the subject for Council's 191 considerat ion. 192 The City Clez~c ia directed to ask the City Attorney to draft an Ordinance such as he suggeats. ALMSHOUSEL Report for operation al' the Almshouse for month of June, 1936, was before Council. The report is filed. SIDEWALK ASSESSMENTt Copy of Order from the Law and Chancery Cour~ dated ~uly 1 ~19~6, in the case of A. M. Cole versus the City of IAssessment' on Lots 19 and 20, Section 51, Crystal ,before Council and discussed. Roanoke, ordering that ,Sidewalk Spring Land Map, be released, was The City Clerk is directed to examine and bring before Council at its nex~ regular meeting records in the case. REPORTS OF COM~.~[[TTEES: BUILDINGS: The committee composed of Messrs. Hunter and Comer reported that negotiations with the prospective tenant for leasing city property on the corner of Second Street and Church Avenue, S. ~., for a filling station did not~-materializ, 'and that the location is still available for a filling station. AIRPCRT: LLr. Bear, Chairman of the .~il~port Committee, reported Promised a definite~ report at the next regular meeting of Council. progress smd UILFINISH~D BUS INESS: LICENSE: The question of license, rules companies o~,erating in the City of Roanoke, as suggested by was again before Council. and regulations covering exterminating Henry M. Glasgow, question has been The City Clerk is directed to advise Mr. Glasgow that the given consideration and tb~t a section will be included in the License Code effectiv7 January 7, 1937, for consideration of Council, along with other inclusions and adjustments at that time. , BARBffJtS: The question of inspecting barber .and beauty shops, previously before Cou_ncil, was again before the body, the City Mauager reporting that no inspections are made of these shops except when new ones are opened. The communication is filed. C 0NSIDERATION OF CLAIL~: None. INTRODUCTION ;~D CONSIDERATION OF ORDINANCES f.d~D REo0LUTIONS. ELECTIONS~ An appropriation for supplementary pay of judges and clerks for elections having been provided for in the Budget, ifLr. Powell offered Res olution: 'A'i (~4869) A RESOLUTION fixing the compensation for judges and held in the City of Roanoke° i: ( For full ,text of Resolution see Ordinance Book No. 9, page Mr. Powell moved the adoption of the Resolution. i;inn, and adopted by the following vote: the following clerks for electio~ 4 ). The mot ion was seconded by AYES: Messrs. Bear, Comer, Powell, Winn, and the President, Mr. ~mall--5. NAYS: None----0. SEWER ;dO olDEW~L~ ' ~ .... "~?~'- '-' ~oo,-..oo_..;~.~'~'o. The follo~ing Ordinance having been introduced and laid over, was again before Council. (#4840) ~ 0RDIN~CE to repeal an Ordinance passed on the 29th Of May, 1936, 'No. 4~16, in relation to transferring the uncollected Sidewalk and Sewer Assessments [together with ell records and information relating thereto, from the office of ~City Clerk to the Delinquent Tax Department. i ( For full text of Ordinance see Ordinance Book No. 9, page 1 ). Mr. Bear moved the adoption of the Ordinance. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, Winm, NAYS: None .... 0. amd The motion was seconded by Mr. the President, Mr. Small--5. SEW'EH ~H~D SIDEWALK ASSESS~.:ENTS: Resolution No. 48A1 having been adopted by the Council designating the Delinquent Tax Collector to collect pas~ due Sewer and Sidewalk ~ssessments, and Council having later decided to retain the collections in the office of the City Clerk, Mr. ;,inn offered the following Resolution: 1936, No. to collect A RESOLUTION to 48~1 pa st repeal a resolution adopted on the 12th day of June, entitled, "A Resolution designating the Delinquent Tax Collector due sewer and sidewalk assessments f~r the City of Reanoke., ( For full text of Resolution see Ordinance Book No. 9, page 4 ). Mr. b'inn ~oved the adoption of the Resolution. The motion was seconded by Powell, and adopted by the following vote: AYe: Messrs.Bear, Comer, lowell, b'inn, and the President, l~. Small--5. NAY3: None .... 0. MOT IONS ~AND MISCELLANEOUS BUSINZSS: SCHOOL BOARD: The President, Mr. S~nall, brought to the attention of Council ~he expiration date of ,two members of the School Board; viz, Dr J W. Si~_._erman ~from District #l, and ;';. p. Hazlegrove from District #2, both terms expiring on ugust l, 1936, and asked for nominations for District #l. I M r. Winn placed in nomination the name of P. S. Hawthorne from District #1, o succeed Dr. J. ~. Simmerman for a term of three Shich motion was duly seconded by Mr Powell, ! · years beginning August 1, 1936, and there being no further nominations, ~r. P. S. Hav~horne was elected as a member of the School Board 2ears beginning August l, 1936, by the following vote: t AYES: Messrs. Bear, Comer, Powell, Winn, for a term of three and the President, ~M. Small--5. NAYS: None .... 0. The President called for nominations for member of the School Board for District i#2. Mr. Powell placed in nomination the name of U. P. Hazlegrove to succeed himself~ 'as member of the School Board frc~ District #2 for term of t~ee years beginning .:August l, 1936, which nomination was duly seconded by Mr. Winn, a~t there being no i!!fdrther nominations, Mr. ~. P. Hazlegrove was .elected as a member of the Sct~ool SBoard from District #2 to succeed himself for a term of three years beginning .!August 1, 1936, by the following vote: ' AYES: Messrs. Bear, Comer, Powell, ¥~inn, and the President, Mr. Small--5. NAYS: None .... 0. PENSIONS: Mr. Bear orought to the attention of Council the Question of pensions ~or City employees, sBd advised that he t a later meeting. iTRAFFIC: The Pres id~nt, Mr. Small, exoected to brought ~he City Manager a complaint from H. P. Roberts, 16El Patterson Avenue, parking trucks in front of his property. The question was discussed at length the City Clerk being bring this matter before Council !! I before Council and to the attention of'~ I with reference directed to request the ii :ity Attorney to prepare Ordinance prohibiting parking of trucks for period exceeding ~wo hours in special lounctl at a later and general meetiBg. resident districts of the City for consideration of ~I 193 '194 STREETS: The City ManaHae brought to the attention of Council an offer from i~.o Henry Qlasgow for sale of property on the corner of 14th Street and Taylor Avenue for street widenin~ pur[poseSo The question'is referred to a corem1 tree appoint e d, composed of Messrs. Powell, Bear and the City Manager, for investigation and report to Council at its nex~ rag ul ar me et lng. ~A: The President, Mr. Small, brought to the attention of Council the liberal i attitude of ~A furnishing "white co~lar" workers on m~ntcipal pre Jeers, and sug- i gested to the City Ms~ager that wherever practical w~rkers be assigned to offices under the Jurisdiction of the City Marmger for development and bringing up to date records of all departments. The City Clerk is also directed to make a survey of his department v~th a view of utilizing' additional help'. ROANOKE WATER WORKS CG~P~: The President, Mr. Small,. suggested, and with the consent of Council, directed tint at the next meeting of Council on Friday, July 24, 1936~ representatives of the City conducting a survey of the Roanoke Water ';~'orks Company be invited to meet with Council at 2:00 o'clock p. m., for discussion of progress made in the survey to date and for further instructions and policy in the continuation of the work. PARKS AND ~LAYGROD2'~S: ..Mr. ~inn, Chairman of the Parks and Playgrounds Committee havin¢:.; requested on. Executive Session for discussing question of acquiring property in Raleigh Court and the Rogers property in the Southeast Section, known as Buena Vista, for parks and playgrounds purposes, requested that Council take some action .in order that the present o'~ners might be advised definitely a~ to the City's tn, tention. The question was discussed at length, the l'resident, ~. Small, expressing ,the thought that the City's finances are now on an even keel, and that no funds are .available for i:~.~mediate purchase of the property in Question out of current revenues, ; that he would be opposed to any negotiations unless contingent upon referendum of .the freeholders for a bond issue. ,· After further discussion of the question as to values of the two pieces of p:r~per~y, and it being urmntrnously agreed that the City ,~ould not enter into any agreement following unless both pieces of property Res el ut ion: could be purchased, Mr. offered the il (~&871) A RESOLUTION authorizing the Parks and Playgrounds Committee to negotiate for purchase of property in tho Baleigh Cou~ Section ~m.d the Southeast Section, known as Buena Vista, for parks and playgrounds purposes. i! ( For full text of Resalution see Ordinance Book No. 9, page 5 ). i: Mr. Winn moved the adoption of the ~esolution. The motion was seconded by Mr. Powell, and adopted by the following vote: ~ AYES: Messrs. Bear, Comer, Powell, Winn, and the ~resident, ~hr. Small--5. ~ NAYS: None .... 0. ii There being no further business, on motion of Mr. Bear, seconded by Mr. Powell, Council adjourned to meet at 2:00 o'clock p. m., on Friday, July 24, 1~36. ~'. APPROVED i ~l~e r k President COUNC~ L, R~ULAR MEEING, Friday, July 24, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the ~,~unicipai Building, early meeting hour being called Friday, July 24, 1936, at 2:00 o, clock p, m., the to dispose of accumulated subjects since the last meeting on July 10th. PR"ZS',~,~T: i~essrs. Bear, Comer, P'owell, Winn, and the President, Mr. ~znall--5. '~ ~' ~'ood Councilman-elect. VISITOR: Mr. ,. .. , ~RSE~:,~: None ..... 0. The ~resident, Llr. omall, presidi~.~... OFFICERS PRESEHT: i,~. ',. P. Hunter, City L~anager. · ~,~-~: It appearing that a copy of the minu~es of the previous meeti~ been furnished each member of Council, upon motion of i,~. lowell, seconded by ~..hr. .. Comer, the reading is dispensed with, and the minutes approved as recorded. C~UL~L: The ~'~resident, L~. Small, stated before proceeding to the regular order of business he ~ished to introduce and welcome Lit. W. 'Z. Uood, an incoming colleague, ~hom he had requested to sit in with Council at the few r~naining sessions Drier to takin~ office on Sept~'rtber 1st, in order that he might familiarize himself i ~'Jith some of the details ~ith ~hich he will be confronted. !,.~. ;.ood responded by ext~essing his thanks and s~.: preciation for the invitationl and opportm~ity of familiarizin~ himself ~ith some of the future problems with which he ~ill be confronted. HEARING OF C_vi'IZEN'S b-P0h~ ?UBLIC ~LATT~Ro: VE2~IE'3 L'j,.CMII.,~E$: Judge John .~,. Em't, Cormm~.ss ion er of 2,~evenue, aDpeared before ~ Council in response to an invitation previously extended, for discussion of proper license tax to be imposed ~;n cigarette vending machines. The ComlGissioner stated the license no~ collected on these machines is in ~taccordance with Section 128 of the License Code, and that a tobacco license is required in connection ~ith the machine if the same is installed in a place of business not having such license, and that merchant's license will also be enforced ~hen investigation indicates the same is ~ithim the provision of the merchant's license sectic~. The Conmmissioner called attention to the ne~,~ state slot mschine la~ providing for the pa~nent of thirteen cents per hundred dollars on gross sales, and suggested !the city license code be amended to parallel the State Law, the rate to be t~enty- t~'~o cents pe~. hundred to conform to the rate charged for ~rchant's license. The correspondence on the subject is filed with the City Clerk for guidance in pre~'~arin~ section on this subject, to be included in th~ 1937 license code. LIC~.EL~SE-~b'v_0L~CBILES: The Connnissioner of Revenue brought to the attention of Council the fee of ten cents charged for issuing city license tags, and suggested inasmuch as this fee produces a non~inal revenue, and inasrmuch as the sane has been the subject of much criticism, this fee. that ~ouncil at the proper time consider eliminating _~T~';"~m--"~'~'~D~T~'~'~'T0~'I~J~A--~,~','~,,~.~. B0.~HD: The Co~mmisSioner of Revenue brought to the attention'i~ of :2ouncil a communication fr~n. the ComDensation Board. ~&th reference to adjustn~nts] of salaries -in his of£iee, brought about by the resin, nation of L'~r. J~mes ~o ~~rong, 195 '196 h~ts Chief Deputy, the C~npensation Board consenting to the changes "providing the same do not increase the total allowance sd~vroved for salaries of employees, and that such changes are at, roved by Council." The Commission advises he had employed 1~. J. N. Amman to fill the vac.ancy in his office at a salary of $2,000.00 per annum, and proposed to advance Mr. Charles. :R. Lescure to First Deputy at a salary of $2,600.00, and increase the salary of 'iMiss Evelyn C. ~urphy to $1,465.00, which would absorb thr $200.00 reduction in the ijecond Deputy's salary occasioned by the c~nge of personnel. No objection beinc raised as to the proposed adjustments, Mr. "inn. offere~., the !~follo~t~ emergency Ordinance: . (~4874~ ~i ORDIN. d'.iCE to amend and reenact Section ,~6, "Commiss].oner of Revenue" ~ _ an ~rdinance adopted by the "ouncil of the City of l~oanoke, Virginia, on the 29th i "An Ordinance making appropriations for '~'~ ~860 and entitled, day of June, 1956, .~. , !. ithe fisce& year beginnir4~ july 1, 1956, and endir~ June 50, 1937." ( For full text of Ordinance see Ordinance book Iio. 9, page 6 ). IXr. Uinn moved the ado!~tion of the 0rdinauce. The motion was seconded by Bear, and adopted by the following vote: AYES: ~.~essrs. Bear, Comer, Po~.vell, ];inn, and the President, i,':r.. Smal 1 --5. ........ "'~'~'~"' ' ~' ? ~ -%ui Chairman of ' ' l ~',~o _CJD _~L~.~uUND~. !dr. ~. ~. , ~he Jackson Neighborhood Council, ~ppeared before Council urging that further consideration be Given to ~c!uirin-g the HoEers Dzoperty in the Southeast section for ~£~ark and playground pt~- ~oses, it bei_~g bls understanding that the present o'¢.~ers have refused the offer of $25,000.00 nade by the ~it~ continEent on approval by the freeholders. In this c omuection, a communication from l.lr. C. S. Spindle advising that the Rogers heirs ~Jould not be interested in the offer of ~£5,000.00 for Buena Vista, al~o ~ communication from :.:r. B. E. Chev~ning, Vice-President of the West Raleigh Court Land Comoany, advis ~ ~ " _ ._n~ the proposition of ~15,000.00 cash ~:ould remain open :.until freeholders vote on the purchase of th~ property, ~?as before Council. 22r. iiirm, Chairman of the ~arks and ~ lay~rounds Com~.~ttee, asked that action on [the question be deferred until the next meeting of ~Jounci!. The t~,o connmm~icationsare referred to the Parks and 5'~la;¥~rounds Co~umittee, with ! ithe request that a further re~.~.ort and recommendation be brought to Council at its ~next renu!ar meeti~5. TL2~$: A corLmunication from the Con~nissioner of Revenue, advising entry for ~3outhern one-half of Lot 4, Block g, R. F. & H. Addition, transferred to Jackson and ?annie Finney by deed, ami recorded on October 25, 1955, but erroneously carried on ',the Land Books in the name of I o D. Burrell, r~as corrected several week. s ago, and th~ ithe error for the years 1934 and 1935 as sho~'m on the Land Books ~'~as a result of 'transfer completed before january 1, 1954, the date he came into office. ~.i The City Clerk is directed to advise the City Treasurer that as soon as the taxe~ and penalties represented by the tax tickets in qzestion are 'ps. id, the penalties on saz~e will be refunded. i, SEL~R AI'PD SiDEUALf[ '. -" ~.v~'~,~o · ~.~,..o~'a.~.~.i~.o: Copy of communica~on from the City Attorney, gogether ~ith Court Order setting aside Order releasing Sidewe!k Assessment amountin to $56.25, with interest from September 1, 192£, against Lots 19 and 20, Section 31, Crystal spring Addition, in the name of A. ~:. Cole, was before Council. [! The City Clerk is directed to ascertain and bring before Council the records in connection with the construction of the sidew~!k in question for further con- 197 sideration of Council. HUSTINGS COURT: A petition signed by twentY-nine Jurors serving in the July t'erm of the Hustings Court, requesting that some provision for cooling or air- conditioning the ttustings Court be made, was before Council. During a discussion of the questiom the City Manager advised that figures previously obtained for air-conditioning the Hustings Court was approximately $2,000.00. r,~r. Bear suggested that a conference be had with Judge Almond, the Judge of the: 'Court, with a view of working,.o~t some satisfactory arrangement to relieve the situation complained of, ~dr. Ninn suggesting in view of the fact t.hat no funds are carried in the present Budget for improve~..~nts of this kind, and in viev~ of the fact that the month of ~ugust is a holiday for the Court, the matter be carried over for further consideration during the preparation of the nex~ Budget. After further discussion of the question, and in the absence of any motion, the. ~resident appointed L~.r. Bear as a committee of one to consider the petition and to make a report and recommendation to Council. TFu~FIC: A communication frGa L~_r. Frank ;j. Rogers, asking that Council adopt Ordinance prohibiting minors under the ago of sixteen years to drive automobiles in the City of Roanoke, was before Council. The communication is referred to the Traffic- Conn~ittee for inclusion of section" as suggested in the traffic codification now being prepared, ~ ~¥~KZ ~.~D PL~YGROL~h~DS: ~.~iss Jesse Hammerly, Roanoke County Home Demonstration ~ Agent, appeared before Council asking that the City of Roanoke join with the Council Of Salem and others in sponsoring a community camp on Bent ~.~ountain, asking that the City of Lqoanoke make a contribution in the form of finances or materials for the 'erection of certain buildings· at the camp. D~ring a consideration of the n~atter, ~.~r. Comer suggested it might be possible !tel prevail on civic organizations in the City of Roanoke to make a contribution for I~the purpose requested, but that it ~Jas his opinion the City of Roanoke could not tDroperly make the contribution. The City Clerk is directed to advise ~iiss Han~nerly that Council has given .iconside~ation to her request and having in mind the needs and financial requirements lof the City's own parks and recreational activities at this tine, and while the Council of thc City of 'Roanoke is heartily in favor of the Bent ~ountain Camp and emdorses the project, it is not in a position to appropriate funds for same. BUILDIMG CODE-SIGNS: A communication from The Kroger Grocery & Baking Company, !lasking permission to erect an advertising sign on the Kroger Warehouse at 22~0 [Shenandoah Avenue in accord~an, ce with plans and sI~ ci fi cat ions submitted, was before Council, the City i~..~anager recommending that the permit be granted. THe City Attorney is requested to prepare and submit to Council at its nex~ reguler meeting the proper Resolution granting the permit. BUDGET: 'Copy of communication from James .&. Bear to the City I.lanager, with reference to purchasing de luxe automobiles for use of City employees, particularly ~Tith reference to car purchased for the City Physician, v~as before Council. The City ~anager stated ~hat in his opinion the class of car purchased was an economical saving to the City, but as a general rule the standard type of car is ~urchased. HIGHL~ID PARK: A delegation of ladies from the Alleghany Garden Club appeared 198 before Council and aSked that the driveways in Highland Park be closed to vehicular traffic, and that the present driveways be surfaced to per, nit skating for children. It was the opinion of the City Manager that the park should be closed to vehicu lar traffic, but advised Council tlmt an estimate of the cost of surfacing same as a skating rink would cost in the neighborhood of $12,000.00 to $15,000.00. M~. Comer suggested the matter be referred to tile City Manager for conference with the Director of Parlm ~nd Recreation for repo~ and recomm~dation to Council !at its next regular meeting. On further discussion of the question~ the City Manager is directed to request the City :,t~orney to pre!~are proper Ordinance for closing the park to vehicular Itraffic, for consideration of Council at its next regular meeting, sCH~;~L B0.~PJ~-BUDG£T: A communication frGn the School Board, ackno~':ledging recet~ of opinion from the dity .~ttorney ~ith reference to oiTset of the ~4,987.19, pre- viously before Council, was presented. The communication is filed. ~ !LERC~L'~T'S LI'~' ISE *~ issue~ . ~.! : .~ request for transfer of Merchant's License .~,o. 696, in ~he n~rne of the .aynick Cadillac Company, to the County Motors, Incorporated, was before.~o.nc ~" il, the Cit~., ;,iana~zer recommending that the transfer be made. .~.lr. Bear moved that Council concur in the recommendation of the City :.:.anager, and off cz-ed the fo!lo~'Jin~_~ i-~esolution: (F4872) .~ ~SOLU:i0N authorizing transfer of Llerchant,s License _~,io. 696, issued in the name of Laynick Cadillac Company, Incorporated, on the 27th day of January, 1956, to County i..otors, Incor_oorated. ,t For full text of !Les olut ion see Ordinance Book No. 9, page l.:r. Bear moved the ado-£~tlon of the Hesolution. and adopted b'J the following vote: "~ C l~o~Jell :~inn, and the President, . _qY~: !.[essrs. Bear, cruet, , 'ir. Small---5 5 ). The motion was seconded by !~. request for transfer of L:erchant's License .~.~o, 1492, is- sued in the name of Mrs. j. D. Beck, tradinA: as Beck's Grocery, to F. S. Nichols, was before .Jouncil, the City i.,:anager recommending that the transfer be made. !Jr. Bear moved that Council concur in the recmEnendation of the City Manager, an~ i offered the following ResolutiGm: (#48731 ~ ~SOLUTIOif authorizing transfer of :.:er ch ant ' s License No. 1492, iissued in the name of Mrs. J. D. Beck, trading as Beck's Grocery, on the 31st day of january, 1936, to F. $. Nichols. ( For full text of Resolution see Ordinance Book !Io. 9, page 6 ). Mr. Bear moved the adoption of the Resolution. The motion ~as seconded by Mr. i'Uinn, and adopted by Zhe following vote: AY£~: Messrs, Bear, Comer, Powell, NAYS : None .... 0. Winn, and the President, ~. Small --5. :.. ~',_~_~ Li~.~.... ~ request for transfer of iderchant's License I.:o 28~.~. issued 'in the name of '.i.N. IAills, trading as Waver!y Place Grocery, to J. lf.. Burch, v,~as ~before Council, the City Mauager recommending that the transfer be made. ~ Mr. Bear moved that Council concur in the recGmnendation of the City Manager, end offered the following .Resolution: i: (~48751 A RESOLU~i~ON authorizing transfer of !..~erchant,s License No. 2844 issued On the 22nd day of July, 1936, Grocery to j. L,. Burch. i' in the name of U. N. Mills tradin~ as Waverly Place '1 For full text of Resolution see Ordinance Book 9, page 7 Mr. Bear moved the adoption of the Resolution. ~'inn, end adopted by the following vote: The motion was seconded by Mr. AYES: Messrs. Bear, NAYS: None .... 0. Com~r, Powell, ~inn, and the President, Mr. Small --5. M~RCP-~'S LIC~ISE: A request for transfer of ~erchant,s License w 28~7 ~O . , issued in the name of J. '°~ ,. Newman, to R. L. Faries, was before Council, the City Manager recommending that the transfer be made. Llr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (#4876) A RESOLUTION authorizing transfer of ~erchant,s License No. 2827, issued on the 22nd day of July, 1936, in the name of J. lj. Newman to R. L. Faries. ( For full text of Resolution see Ordinance Book 9, pace 7 ). ~.~ . Bear moved the adoption of the Resolution. The motion was seconded by !~r. l?inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~'Jinn, and the President, !.~. Small---5. None---0. ~RCPL~T,S LIC~iSE: A request for transfer of L~erchant's License !io. 604, issued in the name of L. B. Grubbs, trading as ~!orthv~est Service Station, to S. H. Hoge, trading as Economy 0il Company, was before Council, the City Manager reco~mnending that the transfer be made. Kr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4877) A RESOLUTION authorizing transfer of Merchant,s License No. 60~, issue~ on the 27th day of January, 19 36, in the ns_me of L. B. Grubbs trading as Northwest Service Station, to S. H. Hoge, trading as Economy 0il Company. ( For full text .of Resolution see Ordinance Book 9, page 7 ). ~.~r. Bear moved the adoption of the Resolution. The motion was seconded by ..L~r. Winn, and adopted by the following vote: AvES: !~,[essrs. Bear, Com2r, Powell, Uinn, and the President, ~ir. Szmell---5. NAYS: None---0. SCHOOL BOARD INSURANCE: A communication from the Clerk of the School Board, reporting operation of the School Board,s Group Disability or sick Benefit, .I operated as "self-insurer" during the fiscal year ending June 30, 1936, was before Co,,_~.cil, the report showing a saving of ~3,341.46 under the "self-insurer" plan. The City Clerk is directed to request Mr. Hazlegrove. Chairman of the School Board, to appear before Council at its next regular meeting for discussion of the Group Disability Insurance question. CROSS-OVER: A communication from ~Lrs. Charles T. Adams, requesting pemit to construct cross-over to accommodate property at ~518 Shenandoah Avenue, N. W., was before Comncil, the City Manager recommending that the permit be granted. ;~.~r. Comer moved that Council concur in the recommendation of and offered the following Resolution: the City Manager, RESOLUTION granting a permit to ~&rs. Charles T. Adams to construct a ii concrete cross-over to accommodate property at ~518 Shenandoah Avenue, N. V.~. ( For full text of Resolution see Ordinance Book 9, page ~8 ). Mr. Comer moved the adoption of the Resolution. The motion was seconded by ~Er. Bear, and adopted by the following Vote: 199 200 AYES: Messrs. Bear, Comer, Powell, ~inn, and the President, Mr. Small---5. NAYS: None---O. OROSS-OVER: A communication from ~-.;. C. Weaver, requesting permit to construct cross-over to accommodate property at ~40 Guilford Avenue, Grandin 0curt, was before Council, the City Manager recommending that the permit be granted. Mr. Comer moved that Council concur in the recommendation of the City Manager, (~48791 A RESOL%W~ION cross-over to accommodate and Offered the folloming Resolution: granting a permit to W. C. Weaver to construct a concrete property at ~40 Guilford Avenue, Grandin Court. ( For full text of Resolution see Ordinance Book 9, page _8_ ). Mr. Comer moved the adoption of the Resolution. imf. Bear, and adopted by the ~hllowing v~te: AYES: Messrs. Bear, Comer, PoweLl, NAYS: None---0. The motion was seconded by ;,'inn, and the President, Hr. Small---5. CROSS-0V.ER: A communication from A. G. Macklin, requesting cross-over to accoLn.:odate property at ~618 McDowell Avenue, N. W., was before CounCil, the City i. danager reco~m~ending that the permit be granted. 'Mr. Comer moved that Council concur in the recommendation ~f the City Manager, permit to construct and offered the following Resolution: (#4880) A RESOLb~ION granting a perrdt to A. G. Macklin to construct a concrete' cross-over to accommodate proicerty at ,~618 McDov~ell Avenue, ,,. ,,. ( For full text of Resolution see 0rdin~nce Book 9, page 9 ). Comer moved the adoption of the Resolution. The motion ~;as seconded by i'lr' Bear, and adopted by the following vote: =.~..~o: ~2essrs. Bear, Comer, Powell, ~inn, and the President, Mr. Small---5. bAYS. i.ione---O. o~~ LIGHTS: ~ joint communication from D H If, arshall, C M. SherrilI, S. R. Low and C. B. Lialcolm requesting the insta!.lation of an electric light on corner of Franklin .~venue and 7th Street, South Roanoke, was before Council. ~h~ request is referred to the City !..~anager for report and recommendation. ,~,..,~-=~z. ~. request from the Roanoke Gas Light Company for ~p~mit to open Dale .ivenue for the purpose of running a t~o-inch gas line from ~Jamison Avenue to ,rl~lO Dale Avenue, $. E., ~as before Council. The rec_uest is referred to the City idanager for investigation, report and rec o~mnend ati o n. ~J_RP0[-2: k co~mnu_nication from A. ',~. Card, asking that the City of Roanoke support the Virginia :~eronautic Association by membership of $25.00, was before Counc il. The City Clerk is directed to acknowledge receipt of the con~nunication and to advise that no funds are available in the Budget for the support of this ~ss ociation. HOTHIk~'AID: T;vo co.~munications from I,irs. R. Russell Burnette, Case Supervisor, !i Department of Public UeLfare, with reference to Mothers' Aid was before Council, "'.i~s. Burnette recor:m,_ending that the allowance of ~40.00 per month to '.I~so Elizabeth ~Henderson be increased' to ,~50.0G, and that the name of ~s. l.~me Booker be added as a Liother's Aid case at ~60.00 per month. ~ The co~;nnunications are referred to the City !,[onager fGr more detailed reports, .~and to confer with the City Clerk in preparation of l~r'oDor Resolutions, for : .~consideration of Council at its next regular meeting NOISE5: ¢ojpy of com~unicat£on Ordinance was before Council. from Ro Holman Ragland end~ fsi ng an anti-noise The communication is field. OO~PLAINTS; ROAIIOKE RAILUAY & ELECTRIC CO;~PA~Y: A petition from merchents on Campbell J~venue between Jefferson and First Streets cce~plaining of sand scattered between car tracks by the F, oanoke Railway & Electric Company, which practice is detrimental to their fixtures and merchandise, was before Council. The City Menager is directed to confer with the officers of the 2oanoke ~ailM;ay & Electric Company, advising that if the condit~on.conplained of is not remedied ~ithin ten (10) days the City ~'dll undertake to remove the tar placed b. etween the tracks and bill the Eailway Company for the cost of sa~:~e. ,~','rr,~-:~,~.,.....,: ,~ co~,.~nunication from C. L. ~tine asking that the City r~ait, or release taxes on Lot 3, Block 2, Edge~vood, no~'~ used as a play ground for the 3tine Mission of Mercy, ~,Jas before Council. The City Clerk is directed to advise l.lr. Stine that Council does not care to establisl~ such a precedent. The conmunication is filed. !{Ei:0HTS 0F ~FFICZ~: The City 12anaajer submitted reports of work accomplished and expenditures for ~'~eeks ending July 9th and July 16th, 1936. reports are filed. The City ~nager sum't~tted report and reconmended that 1-100 C. i-. street light be izmtalled at the intersection of iZorrill Avenue and 6-1/2 Street, S. _.. !.[r. ?owell moved that Council concur in the recon=.~endation of the City i.:anacer ,.and offered the follo~';in.s 5.esolution: · ~£,~.o%_~oI, to install a street !i~jht at the intersection of i,:orrill (;/4882) ,.. ':"''-"' ' ,1 ]~..venue and 6-1/2 Street, S. E. ( For full text of the ResolutiOn see Ordinance Book 9, page 10 ). i..[r, t:ouel! moved the adoption of t~e Resolut ion. The ;,lotion ~Jas seconded by" ,,inn, and adopted by the follo~.Jing vote: AYES: i..:essrs Bear, ~o_~.er, Po~'~el!, i.'in~, i,L~YS: i/one---0. and the President, Small---5. ,.:OTES: ~ conununication, together with proposed Resolution for releasing judgment for tmpaid note due the City by Bertha Eunice ar~l Rose Abdelnour, as lrequested by .%ttorney R. Roy Rush, v~as before Council. After a discussion of the case, Lir. Bear moved that the request to release the judgment be denied, and that the petitioner be so advised. The motion was seconded by ilr. Po~vel! and unanimously adopted. T.~FIC: f~ co~.~2ntukication and proposed Ordinance from R. C. Jackson, City &ttorney, providing for the prohibiting of parking trucks in front of private property in residential districts, was before ,Council. The proposed Ordinance is referred to the Traffic Cor~nittee for inclusion in he Traffic Code novJ being prepared. ~'r~ISES-TRAFFIC: k communication, together v~ith l~roposed Ordinance from the ~ .'~ttorney providing for regulation of sound devices on motor vehicles ~,as before :ounc ~]. i! The proposed Ordinance is referred to the Traffic Committee for inclusion in ~he Traffic Code now being prepared. COLR'IISSIONER OF REuJEifUE: Report from the Commissioner of Revenue for month of !june, 1936, showing collections of $154,128.39 for year to date, as compared with 201. 202 $139 ,817 .95 collected for the same perio~ lest year, was before Council. The report is filed. BURRELL ~Z~0RIAL HOSPITAL: Report from the Burrell Memorial Hospital for montt~ of June, 1936, showing 137 days treatment at aco. st of $411.00, was before Council. The repoct is filed. ROAi;0KE iiOSFITAL; Report showing patie_n_ts treated at Roanoke Hospital for the i month of June, 1936, of 241 days at a cost of $723.00, was before Council. The report is filed. The City Clerk is directed to bring this report before Council when the July, 1936 report is submitted, together with July, 1935 report for coiaparative purposes. STREET ',;IDi~,iING: The. Connnittee c~.u!~osed of !.,:essrs. Powell, Bear and Hunter, · appointed to investigate the p,rchase of land for widening 14th Street at Tayloe , .4venue, made the following report: · :'"To The City Council, :. Roanoke, Va. Gentlemen: · ,- 1._ ~ ,- ' Ja~r, es , Bear, Councilman, and . P. !{unter, City ,,. '. Powell, ~ou.~c~lman, .. ,, ~ · idanager, the cot~uittee aFpointed by Council to investigate and re~ort in raged to the ::.~chase of land for the widening of 14th Street at Tayloe Avenue wishes to tel;crt as follo%';s: ;;e ins~,:ected this propert~;~, and it is our reconnnendation that Council offer ~440.00 for-lots 1 and 2, 3action 5, Waverly i:!ace Corporation Land l.;ap, to be used for the %'ideni~ of 14th Street at Tayloe ,~.venue. ( Signed ) i~r. Sonar moved the adoption of the committee's re>crt, that the City i.:anager be a~tnorized to close negotiations for the ,;urch~se of the property, and that the Cit:- Attorney be directed to t, re!:,are the necessary deed and exmmine title of same, the ,~440.00 to be paid out of street i~provement fund as shown in the Budget for "fiscal year beGim~i~,:Z July 1, 1936. ,i. ated July 15, 1936, '~ = ~ · Farnham ~for professional services rendered in landscaping the South Roanoke Park, amounting ilto .¢300.00, ';;as before Council. Council havin~ authorized the ~mplol. m~_ent of l..r. Farnham at its meeting on ~'.~'eoruary 2B, 1956, ...I. i~nn offered the follow;in5 Resolution: i, (#A~BS5} A ~£CLU£iCi.? au~horizir~-~ -..:a>m~ent of invoice amounting to ~300.00 !fo~~ professional services of Alfred A. Farnham in landscaping the South Roanoke park ( For full text of Resolution see Ordinance Book i'1'o. 9, page !0 ). ~m?~L~. ;;inn moved the adoption of the Resolution. The motion was seconded by l.Lr. Powell, and adopted by the following vote: f£fES: Messrs. Bear, Comer, Powell, Winn, and the President, i.:r. Small--5. None .... 0. R0~I,10KE -'~' ~ ~ " "'P'" · ,,~_,~R ,O~':S Coi,~.~. Statement dated July 11, 1936 from Burns and ~cDonnell Engineering Company, for clerical assistance on ~ater appraisal for month ;. iof june, 1936, a.mountir~ to $273.88, was before Council. The state~ent appearing robe in order, i:lr. Powell offered the following ~,Resoluti on: It !l (~A~A) A RESOLUTION appropriating $573.8~ for clerical assistance in connection with review and appraisal survey of the Roanoke Water 'Jerks Company. ( For full text of Resolution see Ordinance Book No 9, page 10 · ,..........,... ) ' Mr. Powell moved the adoption of the Resolution. The motion was seconded by Mr. ~inn, and adopted by the following vote: AYES: ~Jessrs. Bear, Comer, Powell, Winn, and the President, !.Ir. Small--5. NAYS: None ---0. II'~HODUCTIOH '~/'~D C ONSID~RATION OF ORDINYd~CES A/rD RESOLUTI~,,~ ~STRUCTIVE ~ ~' ~ ' ~ ~IoI~I~ ~RSES ~S0~ATION: A c~unication from ~s. T. ~len Kirk, ~'resident of the i~tructive Vlsiting N~ses Association, attaching inventory of ee~ipment and supplies t~ned over to the City of Roanoke t~ough the Public ~elfare Department, was before Council. The City Clerk having previously been directed to prepare appropriate Resolu- Ition of thanks and appreciation for the services rendered by the ~nstructive~ Visiting l~urses ::ssociation, L~r. Comer offered the following Resolution: (#4885~ A RESOLUTION of thanks and appreciation for services rendered by the ~nstructive Visiting Nurses ~ssociation, and for equipment and supplies turned over the City of Roanoke through the Public ~elfare Department . { For full text of Resolution see Ordinance Book ~o. 9, page ~fr. Bear, and adopted by ~he following vote: lkr. Comer moved the adoption of the Resolution. !1 ). The motion vzas seconded by ATto. 1-,~essrs. Bear, Comer, Powell, .mnn, and the l:resident, L[r. Sma!l--5. NAYS: None .... 0. LICENSE: A communication from J. G. Holt offering to pay $75.00 license for ~peration of a public market, as provided for in Section ll5~- of the License Code, ~aving previously been before Council and concurred in by attorneys for the City, ~ .~nn offered the follo~ing Resolution: (#4881) A RESOLUTION to refund J. G. Holt $2.50 i~aposed as fine for violation 'of Section ll5½ of the 1936 License Code. moved the adoption of the Hesolution. b'inn and adopted by the follov;ing vote: ~o: l~essrs. Bear, Comer, Powell, ( For full text of Resolution see Ordinance Book.~..o. '.~ 9, _ oage :he motion was NAYS~ None ---0. seconded by .~.~. ~ ,:inn, and the Pre~ dent, ~ir. Small--5. ALLEYS: A petition from J. L. Almond, Jr., and J. D. Jamison, for closing of ~lley between Lots 16, 17 and 18, Section BT, and Lot 10, Section 87, of the Raleigh ,~C°urt Land Company, and referred to the City ~ttorney for drafting proper 0rdimmce, Was again before Council, Mr Winn offering the following Ordinauce for its first reading: (#4886) AN ORDINANCE vacating and closing a twelve :~aleigh Court ~iap. foot alley shown on the ?~_~REAS, J. D. Jamison, J. L. ~lmond, Jr., and 3,osephine M. Almond heretofore ~iled their petition before Council requesting the Council to vacate and close a ':trip of land t~elve feet wide between Lot 15, Section Z?, accordin/~ to the ~.~'..'ap of ~he Raleigh Cou.~ Corporation, o~ned by 3'. D. Jan'.~son, and Lots 16, 17 and 18, SectiOn ;?, according to the Map of Raleigh Court Corporation, owned by J. L. Almond, Jr., .nd ~osephine I':~.. Almond; and 203 20.4 '~I~EREAS, it appears that said twelve foot strip of land has never been used as a public alley and that the same is not necessary or needed for public travel or us as an alley, and that no inconvenience will result to the public from the dtsoon- . tinuance, vacation and closing of the aforesaid twelve foot strip of land as an all~ .H~REFORE 0RDAIN~.iD by the Council of the City of Roanoke that said twelv~ BE IT ~'" - foot strip of land shown as an alley on the Map of the Raleigh Court Corporation between the lots aforesaid be, and the ss~e is hereby vacated at d closed as an alle or for any use by the public, and all right, title and interest in the City of Roanoke to such easement, either actual or potential, in and over said strip of land 'is hereby released to the abutting owner or owners of the said strip of land. BE IT ?JRTHER~"~'~'~.~..,~ that the Clerk of this Court be, and he is hereby directed to mark vacated and closed the a~ eve described twelve foot strip of land on the Map of the Raleigh Court Corporation on file in the Engineer's Office in the Cit.,~. of 2oanoke, Virginia, referring to the book and page of Resolutior~ and ~Ordinauces of the Council of the City of i~oanoke wherein this Ordinance is spread. ~ '~ouncil mail to the Clerk of the BE IT i~MTHZR ORDAINED that the Cle~c o. this ~ ~Hustings Court of the City of Roanoke a copy of this Ordinance in order that said Clerk of said Court may mmke the proper notation on the Idap of the Raleigh Court Corporation of record in the Clerk's office. The ~:rdin~ce is laid over. REFer,iDS ~iD REB,~TE£:., conznunication from the Delinquent Tax Collector, asking refund of ~40.95 coverimg taxes and penalties paid on real estate knm'~ as 1224 Hamilton ~e_~ace for the year 1920, was before Council, The refund appeari~ to be in order, I,M. Bear offered the following Resolution: (#4887) A RE~CL~_iCi: authorizing refund of ~40.95 to Kary Jane ?foodv~ard coverin~ real estate taxes and penalties for the year 1920. ( For full text of Resolution see Ordinance Book ilo. 9, page 12). .Bear r, oved the adoption of the J, esolution. The motion ~'~as seconded by I,M, Powel!, and adopted by Zhe fo!lo~'~'ing vote: AY?~S: Messrs. Bear, the ~resident, i:~. £mall--5. ~J~YS: !!one---0. MOTIONS ~D LilSCELLANEOUS BU"IN£oo: AUD!T~.' ~' ~. !jr. .~omer brought to the attention of Council an item of .$1,200.00 carried in the Budget for fisc2] year beginning july i, 1936, for cost of special eudits, and offered a 2esolution directing the ~'~-y ,.,x~ Clerk to invite bids from reputable auditinc, firms, eit' ne~ in the City of Roanoke or else~'~here for auditing all accountable offices in the City of Soanoke, bringing same up to date; viz, from January 1, 1934, to June 30, 1936. ~ ~_fter a discussion of the ouestion, it being the consensus of opinion that in- formation should be first obtained from the Auditor of Public Accounts as to what participation and cooperation might be expected of the State in a detailed audit of ~l! accountable offices in the City of Roanoke, particularly ~here an office is ~oint custody of ~tate and City funds, Mr. Comer withd_rew his motion, and the City Clerk is directed to co~m~icate ~ith the ~uditor of Public Accounts to this end, an~ also ask that the .~.uditor furnish Council copy of detailed audit recently made of the office of the Clerk of the Courts. PUBLIC W~..~ARE 'D,~RT",~i~.~T: The President, ~r. Small, announced the resignation i:of _~. il'. P. Fzshbu2n as a member of the Public ~'elfare i Advisory Committee and the appointment of Mrs. James J. Izard to succeed .Mr. Fishburn, unless objection might be registered by Council. There being no objection, Mrs. Izard is appointed to fi%l the vacancy. In this connection, the ~resident suggested that it might be. in order for the City L:anager to confer with the Director of ttle l~ublic l~'elfare Department with a vie~ of conferring with the. Public b'elfare Advisory Committee for suggestions, some of which might be helpful. . SII'5~ING FUr'S: The I~resident, l.lr. Small, brought to the attention of Council ~ Section 46 of the Charter of the City of Roanoke providing for a Sinking Fund ' Commission, as amended by an ~ct of the last Legislature, the Section as amended providing for five members to compose a Sinking Fund Co~mission, the President of Council, the City Treasurer, the City Auditor and two residaut freeholders of the ~ City of ~oanoke, not otherwise connected with the City Government, stating that he had been in communication M~ith ~' ~Lr. C. Edwin Michael who had agreed to serve as a ne~ber of the Con~.,ission, and as a second member of the Co~.~ission, suggested the name of L'ir. Ralph B. Gunn, President of the _~.~iountain Trust Bank. l~ After a discussion of the question, the President, L~r. Small. placed in ~nom~' nat ion I the names of Messrs. C. Edwin i.~ichael and Lir. Ralph B. Gunn as members icl the Sinking Fund Co~uission for a tern of three years each from September l, 1936 iThemotion was seconded by L[r. lJinn, and there being no furtt~r nominations, Messrs. iC. ndwzn?~ ', L;ichael and Ralph B. Gun~ were elected as me~bers of the Sinking Fund iCo~&ission for a ter~n of three years each beginning September l, 1936, by the !following vet e: AYES: Liessrs. Bear, Comer, Powell, Winn, and the President, Mr. Small---5. [,[&YS: None---O. P_IGR~JAYS: The President brougd~t to the attention of Council and the City Ijianager the questio.n of improving Brandon Road between Franklin Road and Grandin ~oad, that traffic might be more adequately handled when the Franklin Road in order Bridge is completed. After a discussion of the question, the City Msnager is directed to notify .Lt. Liggett, the State Highway Engineer, to attend the next regular meeting of ~Eouncil for a discussion of the subject. ?~ ;~A - PARK~: The President brought to the attention of Council and the City ~lanager the discontinuance of ~PA funds for improvenent of parks, and suggested '[; b~t the City ~anager do whatever/necessary to. continue improvement of the parks ~ith as little expense to the City as possible, BUDGET: The President, !dr. Small1, brought to the attention of the City L~;anager ;he reduction of available cash, as sho~n by the .~uditor,s weekly report, and ;uggested ttmt who.fever possible, requisitions for ex-t;raord~uary supplies be kept iown to a m~nimum for the nex~ sixty or ninety days, until the City,s cash position ~an be built up. ARMORIES: :he Adjutant General of the State, with reference to available funds for Armory m e .n Roanoke and the sponsoring of a project out of ~PA funds for erection of a new The President stated as soon as he has received further advice from General aller, a subsequent report will be made on the subject t~LK: Attentioa of a proposed increase in milk prices to the producer and The President reported to Council a conference with S. Gardner ~Ja!ler, 205 20.6 distributor, to be :passed on to the consumer in the City of Roanoke, was brought the attention of ¢ounci:L and discussed somewl~t at length, the President, Mr. Small, offering the following Resolution: (~4888) A RESOL~ION op]~osing any increase in the products to consumer in the City of Hoanoke. ~ ( For full text of Resolution see Ordinance Book No. 9, page -~ . ). Mr. ~mall moved the adoption of the Resn]ution. The motion was seconded .htr. Winn, and adopted by the following ~te: by AYES: Messrs. Bear, Comer, Powell, Wtq~, and NAYS: None---O. HOA~OKE ;.aTER ;.O~S COMPANY: The President, price of milk and milk the Pregt dent, Mr. Small---5. Small, advised he was in has progressed receipt of information t~at the Engineering firm of Burns & McDonnell .in their survey and analysis of the Roanoke Uater Uorks Company's application for increased water rates sufficiently to necessitate a conference between members of the Engineering firm, the special attorney, and the city Council, and celled an executive session of .Council to be held at 7:30 p. m., Monday July 27th, 1936. In this cormection, i~.r. ,. ,. Wood, newly elected Councilman, to take offtce Septer~er let, is invited to attend said conference. o2,,~R ~O SIDEWALX ~,oo,,.oS, m~.,TS: The question of adopting a policy for governing~ the City Clerk in collecting sewer and sidewan~ assessmlents and disposing of :.1 questionable assessnents investigated and brought ta the attention of the City Cle rk..'i was before Council. The President, .~dr. Small, suggesting that the interest charge placed by the ~udito~ on these assessments nu~ght be renLitted, if paid before December 5th. There being objection to this procedure, the suggestion is ~4thdrawn and the individual cases now tabulated by the City Clerk will be brought before Council at its special meeting on Monday, July 27th, for disposition of smue. BUDGET: The City i.lanager reported the low bids received for printing the Budget amounts to $464.00, $04.0G more than carried in the Budget .for this item. The City Manager is directed to reject all bids and re-advertise same for a reduced number of copies, or to ask for bids outside of the City, with a view of receiving prices within the $400.00, as shown.in the Budget. i. !~0Ai,?0!'~E TUBERCULOSIS ASSOCIATi01~: The City 12anager brought to the attention of Council the necessity for employing a chest physician to conduct Clinics at the ~oanoke Hospital and reconm~ended that Dr. Churchill Robinson be employed at a salary of ~25.00 per month, effective july 15~ 1936, ~ich will necessitate an appropriation !, of ,~300.00 to TuberculosS~ Control acoount ~l, salary of Physician, as ~own in the Budget f~r fiscal year beginning July 1, 1936. ( I i.2r. Comer moved t~mt the City Manager be directed to employ the physician rec~ended, and offered the followlr~; Ordinance: :, (#4889) Adq 0RD. ILLi~CE to amend ar~ reenact Section ,¢51, "Tuberculosis Control, of an Ordinance .adopted by the Council of the City of Roanoke, Virginia, on the goth day of June, 1936, No. 4860, and entitled, "An Ordinance m~ing appropriations for the fiscal year~ beginning July 1, 193.6, and ending June 30, 1937." : For full text of Ordinance see C'r'dS_n_m~.ce Book .No. O, Page 13). iti !.~ Comer moved t~ adoption of the Ordinance. ' ~ . The mot'ton ~aas seconded by- ~Sr. ',iinn, and adopted by the following vote: AYES: !3essrs. Bear, Comer, Powell, '~'inn, and the President, l. Lr. Small---5. NAYS: l;one---O. The City ~Ianager also suggested that further c~nsideration be given to the buildin4E of a pavilion for the care of colored tuberculosis patients, either at the City iiome, or at the Burrell Memorial Hospital. The Cit,/ ;,.anager is directed to prepare an estimate of cost, both es to construction of the pavilion, and for care of the patients at the Bu~rell i]emorial Hospital, and bring before Council at. its next regular ~eting for further cons i der at io n. There being no furt~'er business, ~on motion d~y seconded, Cou~lcil adjourned. APP RC~ VED 207 208 CCUHCIL, RE~UL--'~ ~iEETING, Friday, August 7, 1956. Quorum failimg to ayi:ear, the meeting is adjourned to meet ~onday, 19~6, at 2 o'clock p. m. · PPROVED President ,! · COUNC IL, · AD~0URNED MEETING Monday, August 10, 1936. The Council of the City of Roanoke met in Adjourned Meeting in the Circuit Cour Room in the Municipal Building, Monday, August 10, 19~6, at 2:00 o'clock p. m. PRE~: Messrs. Bear, Comer, Powell, ~'inn, and the t'resident, Mr. ~mall VISITOR: Mr. 5. W. ~ood. ABSENT.. None---0. The President, ~.~. Small, presiding. OFFICERS PRESENT:: Mr. W. P. Hunter, MINUTES: It appearing that'a 0opy of City Manager. the minutes of the previous meeting having~ been furnished each memSer of Council, upon motion of Mr. Powell, seconded Comer, the reading is dispensed with and the minutes approved as re0orded. by Mr. M~.A~ING OF CITIZENS UPON PUBLIC MATTERS: NOTES~ Mr. Harvey B. Apperson appeared before Council as~ng that further consideration be given to releasing Judgment for ,,~paid note due the City by Bertha Eunice and Rose Abdelnour, stating that the amount due the City was for curb and gutter on another piece of property and has no relation whate~er to the property on ~' .the Northeast corner of Jefferson Street and Fells Avenue, in which he is interested, The question having been considered and a request denied at a previous meeting'of Council, no further action was taken. ~, ~PA: A committee, headed by S. A. Moore and C. H. Milam, 'from the Central Labor Union, al~eared before Council in the interest of fixin~ wages for WPA :workers in the City of Roanoke, the City Manager advising that it would be Inecessary to wc~k out a scale which must be approved in Richmond before it can ibecome effective in Roanoke, it being suggested that a canmittee be appointed to confer with the Central Labor Union representatives to work out the schedule. The President ap~ointe~ Mr. Bear, Mr. Comer and the City Manager as the committee to confer with the canmittee from the Central Labor Union, the 0ity Manager to call a meeting of the committee at the convenience of all interested. O0MI~.AINTS: Mrs. Dexter Martin and Mr. F. H. Hannabass appeared before !Council in the interest of ccmmunioation and petition oanplaining of tent revival .~eing held in 'the Southeast 'section of the City, and asked that Council. take some 14ction in v relA f ' '- i. si ins · ~o the residents in the southeast section now being annoye~ by noises emanating from, and adjacent to, the tent wh~re the revival services are 5sing 'hela, the oam~lainants terming the revivals, one having been in pxogress for ~he I~St six weeks under the leadership of Jaokie Burris, and another group of ~vangelists having moved in the same location, as a nuisance. At the suggestion of the President, and on motion of Mr. Powell, seoanded by Comer, copy of the petition is referred to the Roanoke Ministers, Confereuoe such recommendation with respect to control and regulation of evangelistic tent meetings and other religious meetings that it cares to maim for Counoil,s Information and guidance in dealing with the question. The City Clerk is also directe~ to forward co~y of the petition to th~ City ,ttorney and ask that he advise if council has authority in regulat_~-5 o~ abating conditions ccmplainea of. 209 , 210 HIOHLIHD PA]~ If~, Bo T. P. Barley and Hr. g. T. Lemon &l~oo~od believe (JounoLt [nd peoaonto4 po~lt~on alsnod b7 thirt:~of~vo residence Xn ~ho x~~7 or ~~d ob3oot n to oXoo oF deoeno7 ud A oo~oat~ fr~ L. E. ~~b~ll ~gl~er~ ob~ion to ~he ~oi~ of e he ~ive~o, was a~o bef~e The ~i$~n an~ o~oation ~e referred "of P~ for stay ~ oo~o~ion with to the City Manager and Direoto~ for closing the driveways, ~revtously · before CounolX and referred to the committee for rel~rt _~-d recommendation. PETITIONS AND COMMUNI~ONS: ~1'~ R~t~D BRIDGE~ :Virginian Railway Company, ioosts for right-of-way and :Virginian Railway tracks, was before Council, all questions having been A communication from H. T. HEX1, Attorney for the offering to pay a total of $9,P~7.50 ~lus one-half court addAtional 8~an for the Franklin Road Bridge over the sett led as to damages with exception of parcel No. 4 acquired at a cost of $4,42§.00, the City's contention being that the Virginian Railway should bear one-half the esot 'of this parcel, the railway coml~uy's offer being $500.0~ as its share of the damage for this parcel. After a lengthy discussion by Mr. Powell, Mr. ¢. E. Hunter, Special Atto.rney for the City, is directed to com~,m_~cate with the Virginian Railway representative offering a compromise by City of Roanoke of the question, on motion of Mr. Comer, seconded ~ater ~ox~s Company for. a permit to open street at Alberta Avenue, Grandtn court, between Quil~t)rd Avenue and ~oodlawn Avenue, for the purpose of laying a t~u~ inch main approximately ~00 feet, was before Council, the City Manager recommending that the permit be 'the payment of $10,000.00 by the Virginian Railway Company, the :to Imy all court costs. ROANOKE WATER ~01~KS 00_~ANY: Al~lication fx~m the Roanoke grant ed. Mr. {inn moved t hat Count il concur and offered the f~llowing Resolution: in the recommen~ation of the 0ity Manager, RESOLUTION granting a ~emit to the Roanoke Water Works Oon~an~ to lay a water main in Alberta Avenue, Grandin Court. ( For full text of Res~lution see Ordinance Book No. 9, l~ge 14. ~ Hr. ~'inn mowed the adoption of the Resmlution. The motion was seco~de~ by Hr. Powell, and adopte~ by the AYES: Messrs. Bea~, Comer, follo~[ ng ~te: Powell, %'~inn, and the PresE~ent, Mr. Small---5. NA~: None---0. COMPLAINTS: A cammmioatt~n from M. L. Thompson, complaining of loss of ,autcuobile parts fxum his car ~hile parke~ on the streets of Roanoke was before ?Council. The ~mmunication is referre~ to the City Manager ~[th the request that ~he instruct the Police ,. ccn~la~ed of. Del~rtment to gi~e spaolaX attention to the condAtion STATE CO~PORATION C0uu?sSION: Notice of Public Hearing before the State i Cor~oration Commission for revision of passenger train schedules of the Virginian [Railway C~y, to be held in Rictunond at 11:00 o'clock a. m., on AU~AOt 14, 1996, ~was before Council. The communication is filed. STATE C0~PORATION COMMISSION: Lines, Incarcerated, to operate a Notice of application of the Rutherford Freight common carrier frcn Roanoke to Richmond, rer lioarins before tho St&~o ~oz*l~omtlon Oomuioolon in RS. ohm)nd, Vtz'~.a, on A~t ~2., ].one,, at lo:oo o*o2.ook a. n., us before Couno~. 'fl~o oomnmAoetion is file~o DF~: & ~~oation rrm R. C. ~aokeon, City Attorney, reoomozding that the C~ty ~y $1~.00 for ~ool of ~d aoq~d f~ ~8. M. D. Ay~o on Fre~n Ro~ u~n r~eip~ of dee~, dated Feb~~ 14~ 19~ ~o bef~ Co~o~. ~e City Oink ad~~ that tho deed in q~st~n ~d been d~i~red ~ ~8 office, the oo~,n~oation is filed. AMERICAN L~GION-APPROPRIATIONS: Convent ~n Chairman, the American Legion, Ccmmmm~cation~ from Mr. Clyde Cooke, General and Mr. Leo F. Henebry, Chairman of the Fi-_-noe Co~m_~ttee of expressing thanks and appreciation far appropriation made by the City to assist in defraying expenses of the Amextoan Legion Convention to be tiheld at Roanoke, August 2~rd to August 26th, and enclosing o~ies of the American 1 Legion Program, were before Council. The oc~nunicationa are filed. communication from G. F. Hughes, Chairman of the Board of Truotee8 ¢ 0MPLAII~T3: complaining of blocking of on Kirk Avenue, was b efcr e the complainant advising that the practice is contrary to and against 215 and ~40 of the Oeneral Ordinances of the City of Roanoke. of the Lakeland Lodge No. 190, A. F. and .%. M., ~twtth merchandise by the Montg~nery Ward Company si dewalk Counc il, Se ct ions P~14, The communication is confer with the enforcement of referred to the City Manager with the request that he Superintendent of Police, and that instructions be issued for the the Sections of the City Ordinance in question. SINKING FUND COMMISSION: A communication from Mr. 0. Edwin Michael ielection as a member of the Sinking Fund Commission, accepting his was before Council. The corn- munication is filed. ~ii SINKIN~ FUND COM~,iISSION: A communication from Mr. Ralph B. Gunn, accepting his election as a member of the Sinking Fund Commission,was before Council. The ~ommunication is filed. TRAFFIC:A communication from Ramon N. Redford, Pastor of the Belmont Christian 3hutch, asking that consideration be given to the regulation and control of ice, ~nilk and bread truck gongs in the drafting of any ordinance for the curbing of anneoessary noises, was hero-re Council. The communication is referre~ to the Traffic Committee for consideration in the:. =edification of the REFUNDS AND REBATES: ing refund of $30.00 to E. Traffic 0rdinences. A c ce~nunication R. Mothers~augh, covering duplicate payment of from the Delinquent Tax Collector, request- 1 delinquent ~ taxes on Lot. 6, Section 20, ~asena, was before Council. The request is referred to the City Clerk for verification and d~afting of · ~roper Ordinance authorizing the refund. AUDITS: A ccesnunication from L. McCarthy Downs, Auditor of Public Accounts, dvising that.the General Assembly has made no appropriation for audits of local unds, and that no .local audit is necessary of the City Treasurer for state funds, ess before Council. After a discussion of the question somewhat at length, on motion of Mr. Comer, ~econded by M~. ~inn, the City Clerk is directed to secure rrm local and state ~ertified public accountants schedule of rates for auditing all accountable offices ~.ln the City of Roanoke. 211. The City Clerk ~ also directed to eomenmieate with M~o l~n~ amd ascertain from ~him h~w a o~plete .ao~ountability san be. ar~ived at. in the auditing of a Joint office without auditin~ both state and city funds, calling particular attention ~o l the resent audit of the Clerk of the Courts where, both state and city f~nds were l audited, and how he arrives at the ne~essi~y for auditing both state and city f~nds ~'in this instance, and in the sase of the ~roaaurer,$ of~loe considers a Joint audit unneeess&ry. STREETS: A petition signed by sixteen proper.ty owners a~king that a short section of street between Salem Avenue and RC~ Avenue be repaired, was before Cou: The petition is referred to the City M,nager for his consideration. LEAGUE OF VIRGINIA MUNXCIPALITIES: A oc~munioation from the League of Virginia Munioil~a~ties, announcing convention to be held in Winchester on September 14th and 15th, was before Council. The conmmnication is filed. MERCHANT'S LICENSE: A request for transfer qf Merchant's License No. 2849, issued in the name of M. L. and J~mes L. Morris to the City Manager recommending that the transfer be iconcur in the rec~nmendation of the City Manager, and offered in the name of M. L. and James L. Morris, Agents, .to F. R. Mustard. ( For full text of Resolution see ~rdi_n_~nce Mr. Bear moved the aCoption of the ~inn, and adopted by the following vote: AYES: ~essrs. Bear, Comer, Powell, NAYS: None .... 0. MERCHANT'S LICENSE: F. R. Mustard, was before Council~ made. Mr. Bear moved that Counci~ the follom[ng ResolutiOn: (~4891] A RESOLUTION authorizing transfer of Merchant's License No. 2849, issue~ on the E3rd day of July, 195~, Book No. 9, page 14 ). The motic~m was seconded by Mr. President, 'Mr. Small--5. Resoluti on. License No. 5140, Winn, and the A request for transfer of Merchant's issued in the name of James H. Davis to F. A. Rogers, was' before Council, the City Manager recommending that the transfer be made. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4~92] A RESOLUTION authorizing transfer of Merchant's License No. 5140, issued in the name of James H. Davis on the 31st day of July, 1956, to F. A. ( For full text of Resolution see Ordinance Book No. 9, page 16 ]. Mr. Bear moved the adoption of the Hesolution. The motion was seconded ~inn, and adopted by the following vote: Rogers. by Nr. AYES: Messrs. Bear, Comer, Powell, ~'inn, and the President, Mr. Small--5. NAYS: None---0. MERC~'S Xssued in the name of ~gh H. Manager recommending that in the recommendation of (~.89~1 A RESOLUTION authorizing transfer of Merchant,s License No. f, issued in the name of ~ H. Staten on the ~lst day of July, 1956, to J. LICENSE: A request for transfer of Merchant's License No. ~155, Starch to ~. S. Bourne, was before Council, the City the transfar be made. Mr. Bear moved that Council concur the City Manager, and offered the folloming Resolution: S. Bourne o The motion was seconded by Mr. ( Far f.ull text.of Resolution see 0rd~nanoe Book No. 9, page 16 ). Mr. Bear moved the adoption of the Resolution. and adopted by the following vote: AYF~: Messrs. Bear, Comer, Powell, Ninn, and the President, I,~r. ~mall--5. NAYS: None---0. MERCHANT'S LICENSE: A request for transfer of Merchant's License No. 3068, tsaued ~.n tho nam of N. ;. Corhan to Ellis Assaid, vas beforo Council, the City Council concur Resolut ion: of ~erohant,s L/sense No. 3068, issue the transfer bo made. Mr. Bear moved that offered the following Man.er recommending that in the reocmnnendation of the City Manager, and (~4894] & ItE$0L~0N authorizing transfer by in the name of N. J. Cozhan on the S0th day o£ ~uly, 1936, to Ellis As0aid, ( For full text of hosolution see Ordinance Book No, 9, page 17). Mr. Bea~ moved the adoption of the Resolution. The motion was seconded Mr. Winn, and adopted by the following vote: AYES: Messrso Bear, NAYS: None----O. Comer, Powell, ~inn, and the President, Mr. Small---5. MERCP&~,S LXOENSE: A request for transfer of Merchant,s License No. 2?82, issued in the name of George Morgan, trading as Dandy Dick Shoe Shine Parlor, to l~Alfonso Robe~tson, trading as Dandy Dick Shoe Shine Parlor, vas before Council, the :City Manager recommending that the transfer be made. Mr. Bear moved that Gouncil .iconour in the reoam~endation of the City Manager, and offered the following Resoluti,)n: 4895 A RE . j (~ ) SOLUTION authorizing transfer of Merchant's License No. 2?82, issued jin the name of George Morgan, trading as Dandy Dick Shoe Shine Parlor, on the 20th . y of July, 1936, to Alfonso Robert son, trading as Dandy Dix Shoe Shine Parlor. ( For full text of Resolution see Ordinance Book No. 9, page 17 ). M~. Bear moved the ~inn, and adopted by the AYES: Messrs. Bear, J NAYS: None .... 0. MERCHANT,S LICE~ISE: adopt ion of the following vote: Comer, Powell, nesolution. The motion was seconded by Mr. ~inn, and the President, Mr. Small--5. A request for transfer of Merchant,s License No. 5359, .issued in the name of D. N. Akers to ~'. H. Hess, was before Council, the City Manage~ recommending that the transfer be made. recommendation of the City Manager, and Mr. Bear moved that Council concur in the offered the following Resolution: (~4896) A RESOLUTION authorizing transfer of Merchant,s License No. to ~. H. Hess. seconded by the President, ~&r. Small--5. Issued in the name of D. N. Akers on the 6th day of August, 1956, ( For full text of Resolution see Ordinance Book No. 9, p~Ee 18 ). Mr. Bear moved the adoption of the Resolution. The motion was :'.~. ~inn, and adopted by the following vote: AYES: Messrs. Bear, COmer, Powell, b'inn, and .i NAYS: None ---0. REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager subs1 tied reports of work accomplished and expenditures for weeks ending ~uly 2~rd and July ~0th, 19~. reports are filed. The RGANOKE CAS LIGHT COMPANY: The City M-_n_ager sul~nltted report and recommended that permit be granted the Roanoke Gas Light Company to. open Dale Avenue, S. E., for purpose of running a 2 inch gas line from Jamison Avenue to 1410 Dale Avenue. Mr. Bear moved that Council concur in the recanmendation of the City Manager, and offered the following Resolution: (~4~97J A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a gas main in Dale Avenue S. E. ( For full text of Resolution see Ordinance Book No. 9, page _18 ). Mr. Bear moved lPowell, the adoption of the Resolution. The motion was seconded by Mr. I and adopted by the following vote: 213 214 AYES: Messrs. Bear, 0~, PeeelX, Win, aaa the NAYS: Nose ----0. BU~W~T.T. ME~0~ HOSPITAL: The City Manager submitted report f~cm the Burrell Memorial Hospital for the month of July, 1936, chewing 132 day~, treatmem$ at a coat of $396.00. The report is filed. ALM~HOUSE: Report from the Almshouse for the month of July, 1956, was before Council. The report is filed. SIDE~A~_.K ~SESSMENT: The City Clerk submitted excerpts frmn Minutes with ref- erence to Sidewalk construction and assessment for Lots 19 and 20, Section 51, Crystal spring Land Company, standing in the name of A. M. Cola. The City Clerk is directed to co~nunioate with Mr. Cole, advising that in view of the controversy if the "be remitted. assessment amounting to $32.65 is paid, the interes~ will :1 LIBF~_~Y: Mr. ~. M. Pow.ell, Member of the Library Board, submitted copies · of the Annual Report of the Roanoke Public Library to menbers of Council, and copy il to be filed in office of the City Clerk. RF~'0RTS OF C(MMITTEES: AIRPORT: The ~irport C_~w,~_t_ttee submitted the following report: "The con,nitres appointed on ~une 5, 1936, to work out a proper solution for thb operation of the MUnicipal Airport, wishes to report that after giving this matter thorough consideration, we recommend that the City Council exercise the provisions in the agreement between the City of Roanoke and Lemon and Reynolds and take over the operation of the Municipal ~irport. Respect fully submitted: { Signed ) Jas. A. Bear, a. M. Powell, ~'. P. Hunter, Counoi!man, C OUnC i lman, City Manager ." In this connection, Mr. Clayton Lemon, one of the operators of the Airport, appeared before Council advising that he 'had submitted a proposal to the Airport :Committee but that evidently the ccm~ittee did not' see fit to act on it; that the 'present operators have built up the largest and most eff~c~.t~ Airport in the State and it is his feeling they should have some credit for their efforts, stating further ~that he would like to see al'l the flying activities in this vicinity concentrated on one ~irport, but if the City undertakes to operate the ~irport as a municipal project it is his feeling flying ~and operating skids at the Airport !consideration. The operation of the Airport activities will be scattered as the men c~ning feel he has worked pretty hard and is due some was discussed somewhat at length, the Ohairmam of the Committee :would be ~received stating that a subsequent report for the operation of the Airport submitted at a later dat~; whereupon, Mr. Comer moved that the report be and that the present comnntttee be continued ~[ th the ~equest a~m! mi erratics and unanimously adopted. CONSIDEBA~ION OF CLA~: None. INTRODUOTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ALLEYS: The following 0rdinanoe having previously been before offering .rep°rt be submitted to Council outlining the proposed of the Airport. The mot[on was seconded by Mr. iaid over~ ~as &g~l.n before tho bodT, Mr. Bear that a detaile~ s~d ol~rat ion Council, read and same for its second reading:.. and olosing a -P~l~tgb Court ]iai). { ~o~ full text Bear moved the adoption of the 0rdinanee. and adopted by the following vote: AYES: Messz~. Bear, Coamr, Powell, linn, and lqA.Y~: None---0. twelve foot alley shoen on the of 0rdinanoe see 0rdinanoe Book No. 9, page 15_~). The mot tc~ ns seconded t he Pres lde~t, by Mr. Mr. Small---5. The City Clerk is d~eoted to forward OOl)y of the 0rdinanoe to all interested ~epartments in order that l~Oper correction and adjustment of taxes on sene might be made,, :. DOC~: Mr. Po~ell brought to the attention of Council the quarantine of dogs :t:which ex~ires on August 15th under present 0rdtnanoe now in force, and advised lthat unless another meeting of Council was held prior to Augtmt 15th, he ~roposed loffering an amendment to the present 0rdinanoe providing for the ~ermanent confinement of dogs. that Dr. P~ns one, that time. After a discussion of the question, Mr. Powell consented to the suggestion of the President, Mr. Small, that the City Manager be requested to bxing in a report and recommendation to Co,.,ncil at its next meeting on Friday, August 14, 19~6, and the Health Officer, be requested to appear before the body at be made, with no cost to the City. reoanmendation of the City Manager, unanimously adopted. APPOI~S- POLICE DEP~RTUEIqT: The City Manager brought before Co~ncil a request from Mr..W.H. Horton that Jim Downes be appointed as Special 0ffieer to guard real estate owned by him, the City Manager recommending that the appointment Mr. Bear moved that Council c~ncur in the which motion was seconded by Mr. ~inn, and ii MIL~: The City Manager brought to the attention of Counoll notice of public hearing to be held by the State Milk Commission in Roanoke on August l?th. In this connection, a communication from the State Milk Commission acknowledging .ieceipt of Resolution opposing any increase in the pries of milk and milk prodnets .! o cons~ners in the City of Roanoke, recently adopted by Council, and inviting Counc~ .~o be re~resented at the hearing, was before the body. from Milk producers in the local area, were also before Council and the Letters luestion discussed sanewhat in detail, that an~ increase allowed the l~rodnc~r ;he consumer. it being the consen_~_us of apinion of Council should not be passed on proportionately to It beEng the desire of ¢ounotl to be represented at the hearing, Mr. Powell ~oved that a cmm~tttee be appointed to ~ra .ft proper Resolution and such supporting at~ as seems necessary for presenting at the hearing to be hel~ on the l?th. The tion was seconded by Mr. Comer, and unanimously a~opted. The President appointed the following as a committee; Messrs. ~mes A. Bear, S. ~tnn, C. E. Hunter, Dr. C. B. Rans~ne, V/. P. Hunter, and S. F. S~11. The cc~mittee is requested to __-~et Thursday morning, August 1~, 19~6, at 10:00 ~'cloc~ a. m., in the office of the City Manager for drafting of the Resolution in Aestion. The City Clerk is also directed to attend the committee meeting. 215 216 ROAHGKE WATIR W01~8 C0MPAHY: The President, Mr. 8taXX, b~h~ to the attention or ¢ounoLt rorual prooodurs as l~epa~od b7 O. Z. Huntoz, 8~eoial AttornoT, nooosoaz3 £or condemnation of the Roanoke of the City Clerk.} - The President reviewed tho Water Work~ CGu3~ny. (800 oo~y on file in office 3~eohl Engineers and ~oo/al Attorney in opposing aH increase petiti~ned by the' Roanoke Water Works Comfy, which hearing is activities of tho 01t7 Couno~l in tho en~loymont of In water rates, a8 ~o 'be held before State Corporation Commission on September 8, 1936 in Richmond, it' being his opinion tho rate question would not solve Roenoke,s water problem, and that the time has nog arrived when the City of Roanoke will have to take i~s first step towards acquiring the Roanoke Water Wor~s Ccnnl~n¥, the first step being by negotiations between the City and the Water Coat. y, it being his thought that a c~nmunioation shoul~ be addressed to the proper officers of the water company inviting them to meet with Council on Friday, August 218t, for a discussion of prise, terms and conditions for acquiring the ~ater Comlmny, and that a conference be had with the Engineers in the e ~ interim. After a further discussion of the question, on motion of Mr. Bear, seconded by Mr. ~inn, and unantmnusly adopted, the lng letter to the Ro-noke ~ater Works "The Roanoke Ws~ er ~orks Company, Roanoke, Virginia. Dear Sirs: City Clerk is directed to forward the Company: At an adjourned meeting of the Council of the City of Roanoke held on Monday, August 11, 19~6, by motion, duly seconded, and unanimously adopted, I was i directed to request that the proper officers of the Roanoke ~at. er Works c~n~ ~meet with Council at 2:00 p. m., on Friday, AUguSt 21, 1936, for the purpose of negotiating a sale by you to the City of Ro-~oke the property a,d facilities used by you in collecting and distributing watar. :/ follov-i Kindly let me have an early acknowledgement'. AID: The Very truly yours, ( Signed ) L.D. ~ames, City Clerk."' City Manager submitted a verbal report on application far Mothers, Aid cases The City Clerk is directed to prepare proper Resolution for consideration .of Council at its next meeting. I. STREET LIGHTS: The City Manager submitted drawing and previously before Council and referred to him for investigation. istreet lights on Salem Avenue be moved to provide for on Salem Avenue. matter. The City Manager is recommended that certain i[ a better distribution of lights authorized to use his best Judgment in the AIRPORT: The City Manager brought to the officials for de~Acation of the Airport. It was the conse-.uS of opinion of Council attention of Council a request from that the Airport should be completed before any dedic§tion ceremony is observed. i STREETS: The City M_-nager brought before Council blue print showing proposed ~wtdening of gth Street N. E;, North to City limits, and recommended that necessary !land be acquired for this purpose at a cost of approximately $500.00. ? The City Manager -is authorized i.the necessary property and to bring proper meeting for consideration and adoption. to proceed with 'th~ negotiations for acquiring Resolution before Council at its next There, being/n~ further business, on rustics of Mr. ~inn, Council adjourned. The Oounoil of the City of Roanoke met in regula~ mee. tin~ ia the Oirouit 0curt Room in the Municipal Building, t he regular meeting hour. Friday, August 14, 1936, at 3:00 p. m., PRESENT: Messrs. Bear, Comer, Powell, and Winn---4. VISITOR: Mr. W. W. Wood, ABSENT: The President, _~. SmalX---1. The Vice-President, Mr. Comer, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. MINUTES: It appearing that a copy of the .minutes of the previous meeting having been furnished each meaber of Council, upon motion of Mr. Powell, seconded by Mr. ~inn, the reading is dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: DOG~: Councilman W. M. Po~ell, having announced Council his intention of introducing an amendment at the last meeting of to the present dog Ordinance to make the quarantine of dogs or confinement to their owner's property permanent, a number of citizens interested appeared before Council in connection with the sub Jeer, and in support of petitions presented both pro and con, the number of signers in support of Councilman Powell,s opposition to the proposal. proposed amendment being 725 and 597 in Those speaking in opposition to confining the d~gs were Dr. T. F. E~es, Mr. S. M. Templeton, Mr. Tom .Goad, and Mrs. C. C. Richards. Those speaking in support of confining the d~ogs were Alonzo Blankenship, Mattie Epperl7, Mr. Dew, the and Mr. C. B. Ports, who also asked that/cats be placed, in the same category with dogs, and presented petition with thirty-two names signed in support of his content ion. During a discussion of the question, Mr. Powell spoke briefly in suppart iof the quarantine, and his stand on the question. '! Mr. ~inn_. moved that in the absence of a full membership of Council, the question be postponed until at least the next meeting of Council. In the absence of a second, the Vice-Chairman, Mr. Comer, appointed a com~ttee composed of Mr. Winn and Mr. Powell to confer with the City Manager for formulating of re~ort ! and recommendation for consideration .of Council at its next regular meeting. SIDEgA~_.~ A$SESSM~qT: Mr. t. M. Cole appeared before Council and asked that further consideration be given to the question of releasing Sidewalk Assessment on Carolina Avenne, South Roanoke, ]~reviously requested, Mr. Cole told something of the details in con-eetion with the construction lo cat ion annexed Mr. Comer having been a m~nber of Council at the time the question first came before the body, in commenting on the subject, stated in view' of the olrouastanees at the time the p~perty in question was assessed only one-third the cost of the sidewalk, whereas other properties in the same locality were assessed one-half the cost, and that it was Council,s thought at the t~me the assessment was fair. of the sidewalk in .question and the planting of trees, alleging that the of same was designate~ by the City Engineer prior to South Roanoke being to the City. '218 A~t®r & rur~ho~ discussion of tho quoation, Mr. Boar moved that tho former action of Oounoil be reoon~lde~od in order that tho question might be oar~ied on the docket. Tho motion was sooolded by M~'. Powoll, ~nd Unel~lmouoly adopted. STREET LXGBTSt Mr. S. M. Templeton appea~ed before Council and asked that some action bo taken, for inoz~asing the oandAe power of street light on the corner of Piedmont and Walnut Avenues, S. E. On motion of Mr. Winn, seconded by Mr. Bear, tho quostion is refer~ed to the City Manager for investigation and recommendation to Council at its next regular meeting, MILK: A group of citizens appeared before Council in tho interest of a Resolution previously drafted and scheduled to come before Council for consideration in opposition to increase in prices of milk and mt lk ~ro~ucts to the consumer in the City of Roanoke. At the suggestion of Mm. Bear, the regular and ~f~. ~'inn offered the following Resolution= A RESOLUTION opposing any in, tease order of business is suspended in pxioe of mt lk and milk products to consumer in the City of Roamke, before the State Milk Commission. ( For full text of Resolution Mr. Wtnn ms, ed the adoption of the Resolution. Mr. Bear, vho commented that it was his intention t~ see Ordinance Book No. 9, page 19 . ) The motion was seconded by support the Resolut[-on very heartily, but that at the next regular meeting of Council it was his intention to offer a Resolution for the appointment of a fast finding committee and to ask for an appropriation of $1,000.00 for the purpose of defraying expenses of same, and ads, ted by the following vote: AYES: Messrs. Bear~ Comer, Powell, .and Winn---4. NAYS: None---0. (The President, Mr. Small, absent).' In this connection, Mr. Comer, the Vice-Ohairman, heretofore appointed, with the understanding that the continued the committee said cammtttee uill follow the matter through and the ccnmtttee be continued until dEscharged. PETITIONS AND COMMUNICATIONS: EII~OOD PAX: Communication from Mrs. Blanche Davis, Chairman of the Elmwood Park Planting Roanoke Valley C~rden Club, and also communication fr~n Mrs. Robert Cardwell, Correspondence Secretary of the Roanoke Valley Ca~rden Club, requesting that bott an of the pool in _~mwood Park be concreted, were before Council. The canmunications are referred to the City Manager for investigation, re]~ort ~ud recommendation at some future date. BUILDINGS: A co~un~catio, n from Lee Keedick, asking that permission be granted to erect a one-story filling by him, was before Council. station building on Jefferson Street ~roperty corned The City Clerk is dArected to request Mr. Eeediek to forward ~lans of his proposed building to the City Manager for further consideration. ROANOKE GAS LIGHT COMPAHY: Al~lication from the Ro_~noke Gas Light Company for i permit to connect 3-inch an~_ 2-inch gas mains on Campbell Avenue, above the intersection of Norfolk Avenue and Campbell Avenue, was about-100 feet before Council, i: the City Manager recommending that the permit be granted i! Mr. Povell moved that Council concur in the recommendation of the City Manager,: and offered the following Resolution: i (j~899:j A RESOLUTION ~ranting a permit to the Roanoke Gas Light Company to i install a gas main in Campbell Avenue, S. E. i ( For frill text of Resolution see 0rd~nce Book No. 9, page 20 . ) If~. Poeoll movod the adoption of tho Rosolution, The motion vas sooonled by ~. linn, and adopted by tho following vote: Bear, Comer, Powell, and NAYS: Non0---0. CROSS-0VER: Application from Hrs. P. B. ~allagher for permit to cross-over to accommodate property at ~A08 Nelson ~treet, S. E., was construct before Council, the City Manager rec~ending that the permit be g~anted. Mr. Bear moved that Council con, ur in the recommendation of the City Manager, and offered the following Resolution: (~4900~ A RESOL~TION granting a permit to Mrs. P. B. C, allagher to construct " a concrete cross-over to accommodate property at ~408 Nelson Street, S. E. ( For f~ll text of Resolution see 0r~inance Book No. 9, page 20 . ) Mr. Bear moved the adoption of the .Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and ~i,~---A. NAYS: None---0. CROSS-OVER: Application from H. G. Cunningham .for permit to construct cross- over to accommodate property at ~536 Elm Avenue, S. W., was before Council, the City Manager recommending that the permit be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4901~ A RESOLD~ION granting a permit to H. G. Cunningbam to construct a concrete cross-over to accommodate property at ~536 Elm Avenue, S. W. ( For full text of. Resolution see Ordinance Book No. 9, page Mr. Bear m~ved the adoption of the Resolution. The motion was seconded Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and Winn---4. NAYS: None---O. ~TREETS: A petition signed by nineteen residents, asking that 11~ Street, by between Montrose was before Council. rec ~mendation. MERCHANT'S LICENSE: and Morton Avenues, The petition is be repaired before the wet weather sets in, referred to the City Manager for report and A request for transfer of Merchant's License No. ~13~, issued in the name of G. T. Snyder and R. S. Caldvell, was before Council. The request is referred to the City Manager for investigation, report and recon~endation. PARKS AND PLAYGROUNDS: A communication from Mr. J. Ryland Martin, registering cc~plaint with ~eference to certain conditions existing in the Roanoke Parks and Playgrounds, was before Council, Mr. Martin having suggeste~ that Council would probably w~,t to take up the cummunieation in executive session, the communication is filed. PARKS AND PLAI~ROUNDS: A ccmmunication from the Incorporated, signed by Paul M. Penick, the Mill Mountain property and road to c cemm-~ cation, Mill Mountain Estates, President, offering to the City of Roanoke same as shown on plat attachod to his at a price of $75,000.00, was before Council. The communication and plat are referred to the Parks and Playgrounds Committee. DELINQUenT T~x~_: A communication from Mr. F. B. ~ilson, asking that Council consider remitting penalties and interest on 1926 delinquent taxes, standing in the name of Mrs. Eula McCormick Shannon, on Lot 20, Sect[ on 2, E. B. & I., was before Council. 219 22O advise M~. iileon that while Council te ey~path®tio, it is without autherit! in- releasing penalties on pa~t due taxes. ROANOKE WATF~ lORES COMPANY: · oommanioation frma M~. Vermon F. lest, President of the Roanoke Water Works Company, accepting the invitation of Council to appear at its meeting on Friday, August 21, 1936, sale of the c~npany'e property, was before Council. REPORTS OF 0FFICER~: for the purpose of negotiating The ommunieation is filed. REPORT OF THE CITY MANAGER: The City Manager su_~-ttted re~ort of work aco~npliehed and expenditures for week ending August 6, 1956. The report is filed. ROANOKE HOSPITAL: Report from the Roanoke Hospital for the month of ~uly, 1956 showing 156 days' treatment at a cost of $468.00, was before Council, as compare~ with ~41 days' treatment at a cost of $?25.00 during the month of June. The re~ort is filed. COMMISSIONER OF REVEh~E: The Commissioner of Revenue submitted report of license collected for the month of July, 1936, showing $187 , G4 5. 51 collected to date, as c~npared with $167,145.78 for the same period last year. The report is filed. B~IJNDS ~ND REBATES: Mr. C. R. Kennett, refund of real estate taxes on Lot 19, Block City Treasurer, submitted request for 51, Raleigh Court, amounting to $?0.98. The request is referred to the City Clerk for verification and drafting of proper Resolution. CITY T ~REASURER: The City Treasurer submitted report for the 1936, showing total collections for the month of $30,08~.96. No month of July, I compari son for the same period last year is shown. The report is filed. COMPI.AINTS: An opinion from the City Attorney, advising that Co,moil is without authority in interfering with tent revival services now being held in the Southeast section and as complained of by petition previously before Council, was before the body. (See cody of opinion in the office of the City Clerk.) The report is filed. · PA: The submitted She REPORTS OF COMMITTEES: committee appointed to follo~i ng report: recommmd wage scale for ~PA employees, "The Committee appointed by the City Council on August 10, 19~, to recommend wage scale for ~-PA employees met on ~ednesday, August 12, a~ 11:00 A. M. in the Circuit Court Room and unantmausly adopted the attached wage seals. The following representatives of the Ro_-.~oke Central Labor Union met with this committee; Mr. S. A. Minter, Mr. S. A. Moore and Mr. C. H. Milan. Attached is a letter received from the Roanoke Central Labor Union giving their views as to labor wa~e scale. Reap oct fully autmaitted, Ii (Signe~) JAMES A. BEAR, :: ~. ~. COMER, i ~'. P. HUNTER, c o~y of wage Scale and file Counc~ C o unoi lman City Manager." in office of the City Clerk.) Mr. Winn moved that the report 'of the committee be accepted, and that the City Manager be authorized to sign the report and recommendation for forwarding to a~horitl, es in ~tolm~nd. The motion was seoonded by Mr. ~owell, ,nd ma~m~on~ly adopted. CON~IDEBATION OF CLAIM~: AUDITS-CLErK OF THE COU~T5: Invoice No. 520 fr~n the Commonwealth of Virginia, amounting to $$11.85 representing one-half the mst of expenses ineurre~ in connection with the examination of the accounts and records of R. ~. Watson, Clerk of the Courts, was before Council: In thi~ connection, Audit ors spent audit was made invoice be placed in the regular channels by Mr. Win_n_, and adopte~ by the following several weeks of both city and 8tats funds; whereupon, for l~yment. rot ·: ~atson appeared before Oouncil and advised that the exa~ining the reoards in his office, and that an Mr. Bear moved that the The motion was seconded AYES: Messrs. Boar, Comer, Powell, amd ~inn---4. NAYS: None---O. ROANOKE ~ATER i;0RKS CC~PANY; Invoice from Burns & McDonnell; Engineering Company, month Clerk amounting to $503.42, covering clerical assistance on water al~praisal of July, 1956, was before Council. The invoice is carried over and the directed to ask that the Engineering Company f~rnish itemized AND REBATES: Request for refund of $16.50 representing for City st at ement. cash bond paid by Lewis Taylor in the case of Roanoke versus 0soar Dickerson, was before Council, it being 'explained that Oscar Dickerson failed to appear in Court as summoned, and as a result the ~udge of the Civil and Police Court directed that the cash bond be forfeited even though Lewis Tayl6r had advised that Oscar Dickerson was unable to al~ear in Court due to illness. It appears been forfeit ed. that the said Oscar Dickerson died an hour or two after bond had cash bond paid by him in ~he case of the City of Roanoke versus Oscar Dickerson. ( For full text of Resolution see Ordinance Book No. 9, page ~1~. ~ The ~ity Clerk advising that the statements as made b_,ve been verified, Mr. Bear offered the following Resolution: (#4902) A RESOLUTION authorizing refund of $16.50 to Lewis Taylor representing Mr. Bear' moved the adoDtion of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYe: Messrs, Bear, NAYS: None---0. UNFINISHED BUSINESS: Non~. INTRODUCTION AND CONSIDERATION OF B~ AND REBATES: The question Comer, Powell, an d Winn---4. ORDINANCES AND RESOLUTIONS: of refunding Jackson and Fannie Finney penalties on delinquent taxes erroneously assessed, having previously been before Council, and the said taxes in question having been paid, Mr. Bear offered the following Res olution: (~4905] A RESOLUTION authorizing refund of $9.02 to Jackson and Fannie Finney, ~ seconded b y recommendedi covering ~enalties on real estate taxes for the years 1954 and 1955. ( Fo~ fulI text of Resolution see Ordinance Book No. 9, page 2.~_ _. Mr. Bear moved the adoDtion of the Resolution. The motion was Mr. Nih,, and adopted by the following yule: AYES: Messrs. Bear, Comer, Powell, and ~inn---4. NA~ffS: None---0. M0~' 'AID: The question of increasing Mothers, Boyd Henderson, having Dreviously been before Council, Aid allowance for Mrs. Eddie the City Manager 221. 222 that the increase be granted. Mr. I~n_-_ moved that Counoil oonour in the reoonnondation of the 0!ty Manager, end offered the mllo n Resolution: (~490A) A RES0LUT~OI~ supplementing monthly ~ay of Mrs. Eddie Bo3rd .designated as Mothers, Aid sase, $10.00 ~er month. For full text of Resolution see 0rdinanoe Book No. 9, page Mr. Winn moved the adoption of the Resolution. The motion vas seconded by Mr. Powell, and adopted by the following vote: AYES.' Messrs. Bear, Comer, Powell, and Winn---4. NAYS: None---0. AID: The question of designating Mrs. Mae Booker as a Mothers, Aid ~oase, having previously been before Council, the City Manager irequest be gran~e~. Mr. ~inn moved that Council concur in the recommendation recommended that the of the City Manager, and offered the following Resolution: ~ (~4905) A RE~0LUTION directing the City Auditor to ImY monthly for period ending December 31, 1956, $60.00 per month to Mrs. Mae Booker, ~42 Elm Avenue, S. W. idesignated as Mothers' Aid case, said amount to be charged against Relief Costs, 'Section ~58,.~s shown in the Budget for fiscal year beginning July 1, 1956. ( For full text of Resolution see Ordinance Book No. 9, page P~_ _. ) Mr. ~Jinn moved the adoption of the Resolution. The motion was seconded Mr. Powell, ~nd adopted by the following vote: AYES: Messrs. Bear, Comer, Powell, and Winn---4. NAYS: None---0. REFUI~S AND REBATES: The question of refunding E. R. Motherspaugh $30.00 for duplicate payment of delinquent tax, having previously been before Council, s~d investigated, Mr. Powell offered the following Resolution: (~4906) A RESOLUTION to tel,md E. R. Motherspaugh $50.00 for duplicate payment of delinquent taxes. :~ ( For full text of Resolution see Ordinance Book No. 9, ~age Mr. Powell moved the adoption of the Resolution. seconded by The motion was Mr. Bear, and adopted by the following vote; AI~: Messrs. Bear, Comer, Powell, and ~inn----4. NAYS: None---O. ~ MOTIONS AND MISC~.L_~_NEOUS BUSILY: CITY SERGEANT: The City Manager brought to the attention of Council a communication ~nd requisition from H. E. Mayhew with reference to repairs to a Corona Adding Machine, amounting to $14.65, which the Auditor,s Office, as the same is not carried on the the office of the City Sergeant. The City Manager recommended that the adding machine in the inventory'of equil:m~nt, ~ed that Co'moil amo,,-t has been disallowed by inventory of equipment in in question be included RESOLUTION directing $14.65, covering repairs to adding machine in the office of the City Sergeant. ,- ( For full text of Resolution see Ordinance Book No. 9, page 24 . ) the City Auditor to pay invoice omounting t~ the following Resolut ion: and that the amount of repairs be paid. Mr. Powell concur in the recommendation of the City Manager, and offered M~. PowolX roved the adoption of the Resolution. Bear, and adopted by the following vote: The motion vas seconded by AYES: Messrs. Bear, NAYS: None---O. Comer, PowelX, and Wins---4. PUBLIC ~ELF~ DEPAIt~I~T: M~, Bea~ brought to the attention of Council and the City Manager the question of Just how the Public Welfare Department is being set up, and asked that the City Manager submit report on same, and at an opportune time to have Mr. Fallwell appear before 0.until for enlightemnent on the sabJeet. tEI~R AND SIDEWALK ASSESSMEh~3: Mr. 0omar brought before Oounoil the question of disposing of questionable Sewer and Sidewalk Assessments in the office of the City Clerk, and stated it was his opinion that Oouneil would have to devote an entire evening to this question. He suggested when the meeting is held that Mr. P. H. Tuo~r be invited to sit in the meeting. There being no further business, upon motion, duly seconded, Council adjourned. ATTES-/~~//~/ / A P P R 0 V E D 22'3 224 The Council o:r the C:l.t:y of Roanoke met ~n. resulo, r meetin8 .in the (~Lt',ouit Court Room in the Municipal Building, Friday, August 21, 1936, mt 1:45 p, m., the ea~ly meeting hour being called for consideration of proposal for purchase of preperties and ffacilities of the Roanoke later ~ PRESENT: Messrs. Bear, Comer, ~ VISITOR: Mr. ~. ~o Iced. ,., ABSENT: None .... 0. ~ The Pre~idont~ Idr.. l~asll, presidtngo Works Company. Powell, Winn, and the President,. Mr. ~nall--5. OFFICERS PRESENT: tlr. W. P. Hunter, City Manager. ROANOKE MATER WORKS COMPANY: The President, M~. Small, stated the early meetin~ of Council had been called at 1:45 p. m., as a Special Meeting for consideration and'[ approval of appropriate Resolution for submission to officials of the Ro~,noke Water i ~Works Comps_ny, with a view of purchasing same, and submitted &raft of Resolution which he suggested Council submit in lieu of a letter previously ~rafted at a Specia conference on ~he subject. After a d~scusston of the question, and it being agreed that the proposed Rase- lution would be made a part of the minutes of the meeting, and a copy of same pre- sented to the representatives of the Roanoke ~ater ~orks Company in open meeting, X~r. ~inn offered the following: (~4908) A RESOLUTION approving and making an offer of purchase to Roanoke '~ater Norks Company for its water plant and ot~er property used in connection therewith. ( For full text of Resolution see Ordinance Book No. 9, page B4). Mr. ~inn moved the adoption of the Resolution. The motion was seconded by Powell, and adopted by the following vote: AYES-: Messrs. Bear, Comer, Powell, Uinn, and th~ President, M~. Small--5. NAYS: None .... 0. At the hour of 2:00 ]~. m., representatives of the headed by Mr. Vernon F. ~est, President, ~d Mr. Frank ~eared before Council, and the ~esident, Mr. Small, read Resolution No. previously adopted, and an attested co~y of same was delivered representatives of the Roanoke ~'ater ~orks Company. Mr. Rogers, Attorney, immediately raised the question as to consideration ha~ been given, ~urchastng the Carvin's Oove and asked if the committee Roanoke ~ater ~orks Company, Rogers, legal counsel, ap- 4908, ]~ers onal ly to whether or not would be interested in tered into would have to be considered with the Carvin's Cove The President, Mr. Small, advised the question raised is ~e the ~r0perty, stating any negotiations that might be en- property in mind. one that will have to given further thought by Council as the proposal submitted by the City is for the Durchase of the property of the Roanoke ~ater .~orks Company, both real and personal. After discussing the question further, the President stated Council would recess for a few minutes and m!.ght be in a position in elaborate on the Carvin' s After a short recess l recess, rather hurriedly thought he was expressing the some tantative way to Cove p ropert y. the President, tlr..~mell, stated Council, during the short reviewed the question raise~, and suggested it was his judgment of Council when I say the offer which has been aubmltted to you is f~r the ~rope~ty of the and usable for the distribution of watez to meet as ~er the ResoLution which you have. The Carvin,e Cove ~ro~erty aa atand~ it, is ~wned by the Virginia ~ater Cceapany. If the Virginia Water Company doeiree to submit to Council a ~roDoaition for the purchaee of thio property, it will be given ~roper consideraticm. I might say also in that connection, the City of Roanoke owns water rights at what is Known as Shanks Mill some eight or nine silos ~ost of Roanoke, and considering a ]~ropomition for a future supply for this Roanoke Water Work~ Company, used existing neede of thio ec~sunit'y, , Council under- City, ~e are dealing at the moment ~cmapany, gut as I have said, sition for the Carvin,$ Cove both of those supplies would have to be considered in this pa~tieuleue situatio4. exclusively with the property of the Roanoke ~ater Wor~ if the Virginia Water Company wishes to submtta propo- property, Council will consider it. tMr, Hogers, representing the ~'ater Company, stated on behalf of his company, !~hat he w~todto first say, we feel Council has acted very wisely ~md h~ performed Ia useful public service in bringing this controversy to a head at this time. As you ow, this controversy has been pending since April 14, 1935, on which date Council dopted a Resolution calling upon the State Corporation Commission to investigate hetr rates, and if possible, to lower them. It happened the State Cc~poratlon Commission did not have the money at that time, but the representatives of this City ~ndertook to provide funds for that investigation. This controversy is still pending. ~othtng can be done for the development of the water plant of this City with that ontroversy ~ending. Our hands are tied. Mr. '~'est would like to take advantage of :~he cheap money in order to do some refinancing. At other, plants he has done that, ~d mentioned Springfield, Missouri, a city approximately the size of Roanoke, where ~e recently refinanced the-bonded indebtedness at four percent. Mr. Rogers stated ~urther if the City acquires the property, that will end the controversy, and tol~ c~ething of the '~est interests in the Roanoke Water '~orks Company, stating that the roperty was acquired in 1931, that Mr. ~est is not a premote~. He did not buy the property for the purpose of reselling. In all of his experience, he tells me he has never sold but a part of one water plant. He bought the Roanoke Water ~orks Company with the idea of building it uD and operating it. He k~ew at the time it had not been operated well and it had bad public relations. He thought, with his experience, he could remedy those conditions. I may also say to you, when he boughti it, he ~id not base his judgment entirely on his own experience, as he had the benefit of the experience of two generations and ought to know something of the value of it.~ 225 Before buying the Nater Cc~pany he had two valuations made of the property by two of the outstanding water works engineers in this At the request of the City Solicitor, we gave ~basis of something over SA,O00,O00.O0. Continuimg~. Mr. Rogers years that the City country. him that stated Mr. ~'est feels somewhat You know what information. disappointed after five officials feel a'cbsnge is necessary, which is a matter ~het he paid for it.. It was on the I would be somewhat natura~ and that he was authorized to say, if the people and council feel the p~operty c~n 1:~ more efficiem'tly ope~rated th2m undo.r tl~ presont management} ~e is entirely willing to step aside and let the City have it. The only thing he Mr. ~est bought this property, the asks is that the owners be protected. Since bonds have been very largely bought in by New England interests. Those people are his friends. He does not own any bonds himself. He feels a moral obligal~ on to' their money in"~he company on the strength of his experience ithose people who put and ability. 226 has outstanding about t6,30O,O00,C)O la bonds. The last quotation was $97.00 per hundred, That indicates those people think the bondo are good, As to the offer that has been ma~e, I asemae from th~ mupriaingly small amount lit is really a first offer. ~e are here to try in goo~ faith to negotiate a settlement, If you want the ~roperty, we want you to have it, and want it done as i soon as possible. As long as the question is pending, development of the preperty lis going to be held up. I assume it is your first offer because it ia so far out of line of other valuations which have been made and mentioned the valuation of $3,800,000.00 fixed by the Seville report, stating since that time additional money has been spent on the property, making about $4,000,000.00. We are not going to take snap Judgment in this matter, but will not wait until September 15th to give you a reply. Council has been very generous in the time for an answer. We want .to get something ,-next Friday, we will prepare to The President, Mr. Small, done one way or the other, -nd if Counc Ll give you an a newer at t hat stating it was his thought expects to meet a6ain time. [ Council has been very much "interested in what Mr. Rogers i: financial structure and the review of the company,s relations and operations Roanoke, and for the purpose of public record, which he thought seemed to be at this time from Council's has said; more or less with reference to the history, necessary viewpoint, .I think we might well take exception to two of the statements made during your re~_.~arks. In the first place, Council feels in representing the public of this community, and probably reflecting what seems to be the overwhelming sentiment of this ccmmmnity, it agrees with you heartily that one of the most acute problems that this commnunity is confronted mi th is a proper ami ~adeQuate source of purewater, not only for existing needs, but from the standpoint 'of future growth. This Council is confident unless necessary improvements, additionS, and capital expenditures are me_de to the plant and facilities of the present water :distributing system in Roanoke, it will undoubtedly have the tendency istultify the growth of this community. The City of Roanoke feels one !'factors and probably what m~kes it 81most prohibitive those improvements is the existing capital structure. of the limiti~ for the wat er compsny to pr ovi~e i' While, as you say, the owners t ,of the securities may be well distributed mind more or less concentrated in New England territory, the City of Roanoke is interested in a fair smd reasonable extent ~ itt a proper recogrd, tion to the owners, bul; is no~ interested in Cluotat£on~ of bonds ~or other historical data not reflecting a true value of the company, that the City of Roanoke feels it will prol~bly be impossible for the present o~ners to obtain the .necessary capital for improvements without imposing on the people of Roanoke 8c~e increase in water ~ates, ~hich we feel is unnecessary, due to the capital structure [. of the px-esent company. i The President called to the attention of the Water Company Mr. Rogers' referenc~ itc the matter of purchase prtoe, and stated that the City of Roanoke probably asked information as to the purckase price paid by Mr. ~est. The investment may have been $4,000,000.00, but the amount of outstanding debt and the cost of the s~ock at the ~ime seems to Council aside from the primary point in this picture. The City is not nmking an offer for trading purposes. It :I~ made ~t'tor thorough oor~$ideration by this Council, numerous conferences and discussions, and that Council has the very d. efinite feeling this price now offered reflects a t~'~e ~n.d ao'~u~l value of the .Roanoke ~ater ~orks Company, as laXd down by ]~roper statistical measuring rods. ~na't; to lot you lmow st the outset the ~ity is not in a disposition, nor ~re we attempting to make this offer from the stand]~oint of trading. ~e feel the water 227 question ia one of the ~oat tmI~rtant public questions before the o~mamaity, le rooo/~zL~e end. pay tribute undoubtedly done hie ability, and or su~piolon &tt&ohed to Mr. lest in any way, shape or form, but we limitations imposed on him'and see no other solution of the problem. to Mr. lest a~d his orgmization, le feel Mr. lest has his best to l~Ovide Boanoke with water facilities to the extent from & standpoint of relations, there has been no m~sunderst&nding feel he has for the pleasure of being heard and pr~nised to' in Council,s hands by the next regular meeting. a copy of the minutes of the previous meeting having Mr. Powell, seconded by Mr. approved as recorded. Mr. Rogers thanked Council have the '~'ater Company, s reply MINUTES = It appearing that been furnished each member of Council, upon motion of Bear, the reading is dispensed with and the minutes HEARING OF CITIZENS UPON PUBLI0 MATTERS: None. i P~£ITIONS AND C~/MUNICATIONS: i COMPLAINS: A c~nnunication from S. R. and barbecue stands in the City of Roanoke Calling particular attention to a location rented Daniel c~nplaining of operation of beer and asking that same be regulated, by the American 0il CompRny on ~elrose Avenue. The City Clerk is directed to ask Mr. Daniel c~pla iht. to be more specific as to his CROSS-OVERS: Application fran Joseph Alouf to construct a cross-over to iaccommodate property known as 555 Marshall Avenue was before Council. The request is referred to the City Manager for investigation, report and re commendat ion. CROSS-OVER: Application from Dr. J. T. Strickland for permit to construct a ;ross-over tO accommodate ~nd offered the follo~ ng ]i (~4909) A RESOLUTION property at The City Manager recommending that the pexmt% be granted. Mr. Bear. moved that Council concur in the rec~endation of the 406 Nelson Street, S. E., was before Council. Res olution: granting a permit City Manager to Dr. J. T. Strickland to construct a ~oncrete cross-over to accommodate property at ~406 Nelson Street, S. E. (For full text of Resolution see Ordinance Book No. 9, page 25 .) Mr. Bear moved the adoption of the Resolution. The motion was seconded ~r. Powell and adopted by the.. following vote: by AYES: Messrs. Bear, Con--r, Powell, Winn, and the President, Mr. Small---5. NA'~S: None. AUDITS: A communication fram Mr. L. McCarthy Downs, ith reference to proposed audit of accountable offices )afore Council. The comnmnication is laid over .chedule of rates for auditing. Auditor of Public Accounts in the City of Roanoke was awaiting replies from auditing firms gini ng REPOHTS OF OFFICERS: ~EP_ 0RT OF THE CITY MANAGER: The City Manager sub-S_tied report of turk accomplished and expenditures for week ending August ~arbage removal as sixty-one cents. The report is filed. ~:'~epairs on 11~ Street between Montrose Rnd Morton' Avenues. 15, 1956, showing cost refermce to "Regarding the petition fr~n property owners in the Southeast Section asking that 1Xi Street between Montrooe aaa Mo~on Avenues be in~ve~. Xt is o~ in~e~Xc to ~a~e ~a street a~ .a~rX7 ,~one and a~hal~ b~er, ~ ~ 4~~ ~s ,~e Reo~o~ly aub~od: for payment of of the 0ity Manager." The City Clerk is directed to forward espy of the report to the signe~ on petit~n l~eVioualy before CounoLl. AUD~S: The 0ity Auditor, having requested formal Resolution invoice of the Comm~neealth of Virginia eove~i~ one-half cost of audit Clerk of the Courts, Mr.. Bear offered the following Resmlutton: (~4910.) A RESOLUTION directing the City Auditor tm pay invoice from the ~.iCommonwealth of Vi~ginla amounting to $311.85, covering audit of the Clerk of th e Court s. ( For full text of Hesolution see 0rdine~ce Book No. 9, page 25). Mr. Bear moved the adoption of the Resolution. The motion was seconde~ by ~eu Win_n, AYES: Messrs. Bear, NAYS: None---0. STREETS: A committee and adopted by the following vote: Comer, Powell, ~inn, headed by Mr. C. and the President, Mr. Small---5. G. Hammond ' appeared before Council and street with the understanding that a narrow strip of land cut off from other City property ~uld be acquired from the City. The question is referred to the City M~ager for negotiations, re~c~t and recommendation to Council at its next regular meeting. asked that the City donate property on Greenbriar Avenue for the purpose of opaning ! REPOP~S OF COMMITT~: None. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None, MOTIONS AND MISC~LANEOUS BUSINESS: The City Manager b~ought to the attention of Council request that s~ne action, be taken in the settlement Sf damages for death i rand injury of Alice Brown and infant at the Rock Quarry. The question is referred to the City Manager for negotiations for settlement, with the suggestion that $2,000.00. be offered next regular meeting for proper Resolution of and to report back to Council at its aut horit y. P.AEKS AND PLAYGROUh~)S: The City Manager reported an estimated cost of $2,970.00 far concreting pool in Elmwood ! $1,500.00 if done as a ~A Px~ject. i: and to report back to Council. ROANOKE TUBE~LOSIS ASSOCIATION: Park, if done ~y the City Forces, or The City Manager is directed to ascertain if a WPA Project c-n be approved ~three different plans Hospital, ranging in cost from $7,300.00 to $11,100.00, and an $66'7.50 per month for operation of same. The City Manager is directed to submtt the plans Health for approval before further c onsideratiom. of The City Manager submitted blue print sho~tng for proposed tuberculosis pavilion at the Bur~ell Memoxi. al estimated cost of in question to the State Board Sf Council a request from the Roanoke Life Sawing and First Aid Crew for an appro- , ~ priation of $75.00 to be used in defraying incidental exl~nses in connection with ~. Baa: ~ve~ ~ Co"n~il 0o~ in ~he ~eo~~ati~ of ~he 0i~y M~nag~ ~ ~f~e~ the follovi~ ~solutim: (~911) A R~0L~ION ~reotl~ the City ~dito~ ~o ~raw a waist in the ~ of the Ro~oke Life Savi~ ~ First ~d Crew ~nt~g to $95.00. (For ~11 text of ~solution see 0rd~nce Book No. 9, P~e ~6 ~. - ~. Bear ~ved tho adoption of the ~soluti~. The moti~ was seconded by ~. ~i~ ~ a~pted by t~ follov~ vote: A~: Messrs. Be~, C~er, Powell, ~i~, and the President, ~. ~~--5. NAYS: None- ..... 0. ~C~ LEGION C0~TION: The President, ~. ~i1,. brou~ to ~he attention of Co~cil a request ~ the o~ioers of the American Legion Convention being held in the City of Ro~oke that, duri~ the parade on Tuesday, A~ust ~th, no ~rki~ be allowed on C~pbell Avenue ~st of Seco~ Street ~ Jefferson Street, ~d on Je~erson Street fr~ C~pbell Avenue South to ~~ P~k. Also that the Street of street cars during the Railway Company be requested to discontinue ol~ration parade which begins at l:30'p, m., on Campbell Avenue tEast of the Calvary Baptist Church, and North ~f 10th Avenue on Jefferson Street. [ PARKS AND PLAYGROUNDS: Mr. ~inn, Chairman of the Parks and Playgrounds Connaittee, · 'announced that he would probably have a report to make at the next meeting of Council. SE~ER ASSESSMENTS: The City Clerk brought before Council a number of sewer and sidewalk assessments over which controversy has arisen in an endeavor to collect same, and asked that Council adopt a po~cy'for his future guidance After a dis- cussion of the ~uestion. the President, Mr. Small, offered the following'Resolution:~i (~4912} A RESOLU~TON directing and authorizing the City Clerk to waive interest1 on certain controversial sewer and sidewalk assessments ( For full text of Resolution see Ordinance Book No. 9, ~age 26 ). Mr. ~mall moved the adoption of the Resolution. The motion was seconded by Mr. Bear and ado~ted by the following vote: AYES: Messrs. Bear, Comer, Powell, ~tnn, and the President, htr. Small--5. NAYS: None ----0. , The City Clerk is authorized to accept payments in line with the'ab eve Resolution and to bring before Council a Resolution of authority' for adoption by Council, if and when such payments are made. There being no farther business, Council adjourned to meet again at 3:00 o'clock p. m., on August P~, 19~6o APPROVED Presi dent 229 230 COUNCIL~ REGULAR MEETII~, Friday, August 28, lg36o The Council of the City of Roanoke met in regular meeting in the Circuit Court .~oom in the Municipal Building, Friday, August 28, 1936, at 2:00 o,clock p. m., the early meeting hour being called to receive reply from the Roanoke ~'ater in connection with th~ City's proposal to purchase properties and Water Ceruleans. PBES~IIT: Messrs. Bear, Comer, Wi,n, and the VISITOR: Mr. ,. ~. ~,'ood. ABSEh"~: Mr.- ,. M. Powell --1. The President, Mr. Small, presiding. gompan facilities of the President, Mr. Small --4. OFFICERS ~RESE.~: M~. ,,. P. Hunter, City Manager. ROANOKE ,AT£R ,,0RKS COMPANY: The President, I.&r. dmall, stated of Council was called at the request of i&r. Frank Rogers, Attorney, the Roanoke ~ater Works Company. the early meeting representing Representatives of the Roanoke ;,'star '~'orks Company appeared before Council and I~'. Frank Rogers, ~ttorney sBd spokesman, presented ~nd read the following communi- cation from ,Mr. Vernon F. :,est, President o£ the Company. "August 26th, Honorable ~ydney F..~m_~l 1, Mayor of Roanoke, Roanoke, Virginia. 1956. Dear Mayor Small: "In declining the offer of $2,4?5,000.00 for the property of the Roanoke :Water J'orks Company which you made in behalf of Council on ~ugust 21st, I wish to voice regret that it is so far below the actual value of the property as to afford scant hope that it can be used as the basis for future negotiations. "Ne have frequently expressed a willingness to sell at a price and on terms which will safeguard the interests of the security holders, in fha -~va~ the city shall deem it advisable to purchase and operate the water morks system. We still stand ready to do so, but must insist that the sale price represent the property's true value. "The present owners of the Roanoke ',/ater '~orks Company purchased the property at a price in excess of $4,000,000.00 in 1951 after independent investigation had been made by two outstanding engineering firms, Messrs. Stone & Nebster aml Messrs. ~'hitman, Requa~dt & ~mith. This sum was, of course, exclusive of the Carvin's Cove devel opme nt. ~ "Because of the general business depression and the local difficulties con- ~fronting the c c~pany's fo~uner management at that time, the new o~mers were able to obtain the properties at a price considerably less than they would have had to pay under more favorable conditions. As experienced operators of wa~er works, they believed then and believe now that the Roanoke Water Works Company was worth more ithan they paid for it. "Your offer is not only a million and a half dollars below the price paid five years ago for the Roanoke Water Works Company alone, but it is $1,5E~,000.00 un_der the ~aluation made by ~r. Allen J. Saville in 195&. Since then substantial addition~l capital expenditures have been made. The Saville valuation, as you will recall, was undertaken on order of the State Corporation Commission in response to a resolution adopted by the city council on ~pril lA, 19~5. The Roanoke Water Works Company was in no ~ay responsible for the report and insisted at the time, as it does now, that the valuation found was much too low. "Because the investment in the Carvin's Cove development had never been in- 'cluded in the company's assets fo~ rate-making purposes, L.~. Saville did not att_~mDt itc place a valuation on that property. However, it is essential as a source cZ futu~ isupply and we believe that the interests of both the city and the owners of the .~roperty require that it be included in any sale which may be consummated. ?: "In view of the stat~ent made to us last Friday that council considered $E,47~,000.00 as the f. ull value of Athe R~o~.noke plant and that this f.~gure was not ~intended as a mere "fLrst offer" four tradmng purposes, we feel that~xt would be 'futile for us to name a figure representing our idea of the value of the property. "It has been suggested by the"World-News" and the "Times" that the matter of price be fixed by three arbitrators, one to be selected by the city, one by the ..company and the third to be chosen by these two. As the "~tmes" says editorially, ~."this seems like a fair and equitable way to arrive at a figure which will represent ~e a purchase price fair alike to the water company and the city,. "This proposal by the local papers was stated to be predAcated upon the assumption that the l~ople of Roanoke desire to deal fairly with those who have in- vested their f~nds in the securities of the water company. Speaking for ourselves, I can assure you we do not seek to drive a sharp bargain. . .~__'_I~n order th.at~.these nego.~iations may go on in a spirit of amity and fairness, A ~ne~ezore accept ~ne suggestion offered by the local newspapers. Specifically, we will agorae to sell our properties at the price fixed by the arbitrators and to pay one-half of the appraisal expense in the event that the city elects to purchase. Such an agreement ~wQu2~ commtt us to sell our properties at the price deters!ned by the arbitrators, but would not bind the city to make the purchase. For that reason we feel that should council decline to authorize the purchase or the voters refuse to approve a bond issue, all the expense of arbitration should be borne by the c it y. "If council will accept this proposal in principle, I shall be glad to confer with a conmzittee of council at an early date that will suit your convenience for the purpose of settling all necessary details." Yours very truly, ( Signed Vernon F. West, The President, Mr. Small, raised the question as to whether or not ~Lr. West, as President of the Roanoke hater Works Company, would be able to deliver the property by arbitration without a bondholders protective committee. Mr. Rogers reiterated the statement that the present owners of the property purchased the same in 1931 at a price in excess of $4,000,000.00, which does not ,mnclude expenditures at Carvin's Cove between $600,000.00 and $700,000 00, and sug- igested that the question of delivering the property in the absence of a bondholders rotective committee was a legal detail that could be worked out by the City's ~attorneys and the attorney for the Water Company, that Mr West would not make any .~roposition he is not in a position to go through ~rith. The President, Mr. Small, questiGmed the s~atement of the present owners purchas- .Lng the property at a price in excess of $4,000,000.00 in 1931 as to whether or not ilmt statemont was intended to indicate the present owners trove actually invested t hat was paid by the assumption of the purchase price was Council recessed for an executive $4,000,000.00 in the property, Mr. Rogers stating ;hing over $4,000,000.00, of which a certain ~mount ~ertain obligations and the balance in cash. After further discussion of the question, ~ons~deration of the question of arbitration. After the recess the President, Mr. Small, stated that Council had discussed ~he communication somewhat hurriedly and informally, and it was the ,m~ntmous opinio~ ~f Council that the price of $2,47~,000.00 originally offered represents a fair basisl ~f the actual value of th as e' . _ ~ e s ~s, appurtenances and d~stributing system s~d property ~f the Roanoke -'star Workm~ Company. For the reasons outlined in a discussion of the £uestion this afternoon prior to the informal conference and a rather hurried legal ~'eview of the subject, Council is confident that there is no way an agreement cam be ~'eached through arbitration for the simple reason it would require u _n~n~ous consent !. ~f the bondholders through some protective deposit agreement. Council is dealing with ;he property of the Roanoke Water Works Company and not the Virginia Water Company, nd for these reasons and other reasons which can be advanced, after somewhat detailed onsideration, Council is unanimously opposed to any arbitration, feeling that the ondholders and the creditors of the company could present the consunmmtion of any ~ rbitration awarded, particularly if the arbitration award was less than the out- tanding fixed deb1~. Mr. Rogers stated that he was somewhat amazed at the answer Council has given in declining to arbitrate, particularly as the only t~ing standing in the way of 23:l 232 arbitration seems to be the doubt of Council to acquire title to the ]~reperty which is a legal matter to be determined by attorneys represeatin~ the City amd the Water Company, it being his telief that he could satisfy the attorneys f~r the City the present o~nera are in a position to make gooi on the offer. The Iresident raised the question as to whether or not the proposal as subm~tte embraces both the Roanoke Water ~'orks property and the Carvin's Cove Development, to which ~r. Rogers replied that i~' does, and stated for the info~nation of Council facilitate these negotiations the Carvin, s iand in order to transferred by deed to the Roanoke Water ~orks ! After further discussion of the questt~, Cove property has been Company. the President, Mr. Small stated for purpose of "facilitating" matters the offer of arbitration has been declined for reasons enumerated. If Council feels after further consideration and conferences with attorneys for the City the question might properly be reopened for purposes of arbitration, Council will undertake to approach the Water Company, that Council was :not attempting to pass on the question lightly, but to the contrary feels it is prob~ the most vital question before this community, and that Council is endeavoring to look at it from the standpoint of public interest and the City's welfare for future dev elopment. COUNCIL:The Yresident, Mr. Small, stated that the regular order of business would be suspended as a delegation was present to do honor to Mr. J. W. Comer, a retiring member of Council, who has served the interest of the people of Roanoke during practically the enti~e present City Manager form of government. The t-resident in expressing his personal regret of Mr. Corner's retirement stat~ it was his belief thmt he was also expressing the sentiment of every m~ber of Council, that Mr. Comer has given unstintedly of his time some of it has been unpleasant amd disagreeable a debt of gratitude and appreciation for h~s work as '. ed ~r. C. E. Michael as spokesman for the delegation for a long period of years and while the people of Roanoke owe Mr. Comer$ti a member of Council, and recogn~ appearing before Council. Mr. Michael in his talk stated he regarded the opportunity of appearing as spokesman for the delegation a special privilege and honor to speak a few words of respect and esteem to Mr. Comer upon his retirement after fourteen years of service ,bly and friends of Roanoke who went to Mr. Corner's office xn the Sprxng 'of 19E2 and urge him to permit his n~me to go before the electorate of Roanoke for election as a membe of Council. ~ Mr. Michael in paying tribute to ¥~. comer stated he has been guided by one bea- i' con light and that has been the beacon light of duty, to him was few.of his honor, truth and just ice, which the highest honor that could be accorded, and presented on behalf of a friends a knife and chain as a token of appreciation. say I thank you fr~ the bottom of my heart for the kind words. made and anything I m~ght say ~ould not change it one way or [ CITY ATTORNE~: Former Governor E. Lee Trinkle appeared Mr. Comer in responding and in expressing his appreciation stated "I can only The record has been the other". before Council and expressed his appreciation for the privilege and invitation accorded him by friends Jackson, City Attorney, to pay tribute and present a token of appreci~ ti on for the faithful and untiring Attorney at the e~iration of In concluding his of his friends a three efforts of Judge his present term remarks, Governor Trin~]e presented vol,,mqs set of Robert E. Lee by Dr. Judge Jackson in accepting the gift and expressing Jackson upon his retirement as City which expires on September ~0, 19~6. Judge Jackson on behalf Douglas Freeman. his appreciation stated thai while some of his friends, "I am Just entering the fight", he could not have been given anything that he could the fine works presented him. resigning as City Attorney he was not retiring as had been the thought of and expressed the thought that have prized more highly than MINL~ES: been furnished each member of Council, upon motion of Mr. Comer, seconded by Mr. It appearing that a copy of the minutes of the previous meeting havinf' ,: Einn, the reading is dispensed with, end the minutes approved as recorded. BiARING OF CITIZENS UPON PUBLIC MAT~S: DELIN~UK~T TAXES-BE_FUNDS A~rD HEBATE$: Mr. Charles M. Broun, Attorney, appeared before Council and asked that a committee be appointed to investigate the payment of delinquent taxes on property at 701 Highland Avenue, S. E., amounting to $500.33, which amount was paid under protest at the request of the Delinquent Tax Collector. ~i There being no objection on the part of Council, a committee composed of Messrs H. o. Win~, W. W. ~ood and C. E. Hunter is appointed for conference with Mr. Broun and to bring back report and reccmmnendation to Council. SEE_ETS: Mr. C. G. Hammond and other residents in the Greenbrier Avenue section again appeared before Council in the interest of having the City donate certain property for the opening of Welch Avenue from Martin Road to Greenbrier Avenue in Roanoke County. In this connection, the City Manager submitted the following report: "Regarding the request of C. G. Hammond asking that the City donate a strip of land 50 feet wide by approximately 80 feet long to open ~elch Avenue from Martin Road to Greenbrier Avenue, in Roanoke County, and to sell triangular strip of land lying between the new proposed street and Persinger Road containing approximately 0.30 of an acre. "The City purchased this land from Ernest B. Fishburn February 1934 at a cost of $843.?6 per acre. It is my recommendation that the City sell to C. G. H~m~ond, et al.~, a triangular strip of land to the center of proposed new t'reet as shown on plan in City Engineer,s offic, e dated August 28, 1936, for' 97~.32 which is the cost of this !_snd plus 6% mnterest. He to give 1/2 of the ~proposed new street amd the City to give the other half. ( Signed Respectfully submitt ed: ~'. P. Hunter, City Mans get." The Question was discussed somewhat the City property on Martin Road contained a two foot reservation wbi ch w~uld be released by at length it being stated that Mr. Hammond in exchange for property necessary to triangular strip of land made by the proposed new parties interested. open Welch Avenue, end that the street opening be acquired by the On motion of Mr. Bear, seconded by htr. ~inn, it is agreed that the City will donate the necessary property for opening of Welch ~venue conditional upon Mr. re leasing the two that the interested ofore referred 6% int crest, for cunsummation of the deal, of the meeting. foot strip of land the entire distance of Martin Road, and parties acquire from the City the triangular strip of land ! approximately .~0 of an acre at a cost of $970.~2 per acre,.;I to, the City Manager and Attorney C. E. Hunter to prepare proper papers and present ss~ae to the City Clerk for inclusion in th~ 233 234 LEAGUE OF VII~INIA MUNICIPALITIF~ A eomunicatica Municipalities, announcing tentative progra~ for annual frc~ the Lea~Ae of Virginia convention to be hel~ in WinChester filed. on September 14th-15th, 1956, was before Council. The ec~munieation is DOGS: & co~munication dog quarantine, was before Council. on Dogs. ROANOKE GAS LIGHT COMPANY: fram Lillian Craig, expressing approval of a permanent The communication is referred to the Committee Am applicatica for permit to lay a 4 inch gas main in Pennsylvania Avenue, N. ~., East from 2353 to P~12 Pennsylve_mta Avenue for a · distance of 100 feet, was before Council, the City Manager recmmaending that the permit be granted. Mr. Goner moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4913} A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a gas main in Pennsylvania Avenue, N. ~. ( For full text of Resolution see Ordinance Book No. 9, page 27_ ). Mr. Comer moved the adoption of the Resolution. The motion was seconded By Mr..~ ~'inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Winn, and the President, Mr. Small --4. NAYS: None --0. ( Mr. Powell absent) ROANOKE GAS LIGHT COMPANY: An application for permit to lay a 4 inch gas main in 17th Street, N. ,~., from Carroll Avenue to Grayson Avenue, thence ~'est on Grayson~ ~Avenue ~50 feet to dead end, was before Council, the City Manager recommending that the permit be granted. Mr. Bear moved that Co, mcil concur in the recommendation of the City Manager, Mr. Bear moved the adoption of the Resolution. :~inn, and adopted by the following vote: AYES: Messrs. and offered the following Resolution: (~4914) A RESOLUTION granting a permit to the Roanoke Gas Light install a gas main in 17th St=eat N.W. ( For full text of Resolution see Ordinance Book No. 9, page . 2.7 ). The motion was seconded Bear, Comer, ~inn, and the President, Mr. Small --4. Company to by Mr. NAYS: None .... O. POLICE DEPARtmENT: A communication from Hotel Patrick Henry, requesting that :J. ~,. Newman be appointed as Special Police 0f~icer for duty at the Patrick Henry Hotel, was before Counmil. investigation, report end recommendation. The communication is referred to the City Manager for ! POLICE DEPARTMENT - SPECIAL OFFICER: A communication from Stanford & Inge, mlncor~orated, asking that 0. R. Perdue be appointed as Special Police Officer for i: duty at the Stanford & Inge property located at Memorial Bridge, was before Council. :The communication is referred to the City Manager for report end recommendation. !i COMPLAINTS: A communicatio~ from Ruvo B. Jones, complaining of deplorable iconditions existing in a house at 12 Tazewell ~venue, S. E., was before Council. Th, ~Communication is referred to the City Manager for investigation and report. i APPROPRIATIONS-RIGE2-0~AY: ~ communication fr~ the Chamber of Commerce :.submitting statement of expenses incident to securing right-of-way to widen road ifrcn Roanoke to the Veterans Facility amounting to $172.50, being indicated as one- half the cost, or the City's proportional l~rt as tentagiwely at~eed, was before Corn il. Mr o Bear moved that following resolution: Council appropriate the $172.50 indicated and offered the (~4915) A RESOLUTION authorizing the appropriation of $172.50 covering one- ~alf the expenses incident to securing right-of-way to widen road from Roanoke to the Vete~an~ Facility. ( ~or full text of Resolution see Ordinance Book No. 9, page ~? ). ~r. Bear moved the adoption of the Hesolution. The motion was seconded ~inn, and adopted by the following vote: by Mr. AYES: NAYS: None .... 0. STREh~ ~IGNS: ~ communication from R. F. Dowdy, calling Messrs. Bear, Comer, ~inn, -nd the President, Mr. Small --4. attention t o inadequate ! ~ne-way street signs at the intersection of Salem Avenue and the north one-way street! ~t the City ~iarket, was before Council. TP~ communication is referred to the City .~anager for investigation and attention. REFUNDS .~ND REBATES: ~ communi cat ion ?efund of .~1.00 to o. ;~. ~f electrical inspection from the Electrical Inspector, requesting ;.ickham, Stem'artsville, Virginia, representing over-payment fee, was before Council. The over-payment having been in- ~estigated and found correct, ~Mr. Bear offered the following Resolution: (~4G16) A RESOLU~0N to refund $. A. ~'ickham ~l.00 for over-payment of electrical inspecti on fee. ( For full text of Resolution see Ordinance Book No. 9, page ~8 ). ~ M.~. Bear moved the adoption of the Hesolution. The motion was seconded by },.i~. Comer, and adopted by the following vote: .~ AYe: Messrs. Bear, Comer, ~in~, amd the President, ~br. Small --4. NAYS: None .... O. REFUNDS ~ND REBATES: ~ ccmmunication from the ~lectrical Inspector, requesting refurd of ,~l.O0 to Rakes E.l. eotrtc Supply Comlmny, Incorporated, representing over- paymen~ of electrical inspectic~ fee, was before Council. The over-payment having been investigated and found correct, l~r. Bear offered the following Resolution: {~4~17~ ~ RESOLL~'ION to refund Rakes ~lectric Supply Company, Inc~perated, $1.00 for over-payment of electrical inspection fee. ( For full text of Resolution see Ordinance Book No. 9, page 28 ). The motion was seconded by Mr. Bear moved the adoption of the Resolution. &r. Comer, end adopted by the following vote: AYES: Messrs. Bear, NATS: None .... 0. Comer, Wiun, ~nd the President, Mr. Small---4. R~S AND REBATES: A communication from the ~efund of ~50.00 to Mrs. Catherine G. ~elinquen~ taxes, was before Council. ~nd~ found correct, Mr. Bear offered the following Resolution: (~4~18) A RESOLUTION to refund ~.~Lrs. Catherine G. Hickok $50.00 )a~ent of delinquent taxes. Delinquent Tax Collector, requesu i~ng Hickok representing duplicate payment of The duplicate payment having been investigate~ for dupli cat e ( For full tex~ of Resolution see Ordinance Mr. Bear moved the adoption of the Resolution. $omer, amd adopted by the AYES: Messrs. Bear, NAYS: None----0. BEFUNDS AED REBATESL A communication from the following vote: Comer, Winn, and the Book No. 9, page 29 ). The motion was seconded by M~. Pre si dent, Mr. Small--4. City Treasurer, previously before 235 236 Council, requesting refund of $90.98 ooverin~ erroneous ~a~m~nt of real estate taxes by ,W. I. ~ones, and referred tO the City Clerk fc~ ve~ifiaation, was again before the body, the Clerk reporting that the over-payment has been investigated and found correct; whereupon Mr. Winn offered the following Resolution: {~4919) A RESOLUTION to refund '~. I. Jones $?0,98 covering refund of real estat: [taxes on Lot 19, Block 51, Raleigh Court. ( For full text of Resolution see 0rdinanoo Mr. Winn moved the adoption of the Resolution. Bo~:', ~"~d adojoted by tho followtr~ vote: Book No. 9, page 29 ). The motion was seconded AYES: Messrs. Bear, Comer, ~'inn, and the President, Mr. Small ---4. by Mr. NAYS: None ---0. REFUNDS AND REBATES: A comnunicaticax from the Delinquent Tax Collector, re quest-I ing refund of 42.11 to ~r. English Showalter, Attorney, representing over-payment of interest on delinquent taxes, was before Council. The ove~-payment having been investigated and found correct, ~. Comer offered the following Resolution: (~4920) A RESOLUTION to refun~ English Showalter $2.11 covering real estate taxes for Lot knovm as Northside of Patterson avenue, 77 interest on fee~ East of 16th Street. ( For full text of Resolution see Ordinance Book No. 9, page 30 ). Mr. Comer moved the adoption of the Resolution. The motion was seconded by Mr. t~inn, and adopted by the following vote: AY~ZS: ~:essrs. Bear, Comer, ;;inn, and the !resident, 3~dr. Small--4. NAYS: None .... 0. ,MERCHANT'S LIC,~SE: A request for transfer of Merchant's License No. 2670, issued in the name of M. TTacy Barkley, trading as 9th Street Auto Service, to Elbert E. Dillard and F. G. Montgomery, was before council, the Oity Manager recom- mending that the transfer be made. tI Mr. Bear moved that Council concur in the recow~endation of the citY Manager, an~ offered the following Resolution: (#4921) A RESOLUTION authoriz!~ng transfer of Merchant's License in the name of !.i. Tracy Barkley, trading as 9th Street Auto Service, of July, 1936, to Albert E. Dillard and F. G. Montgomery. ( For full text of ResolUtion see Ordinance Book No. 9, page No. 2670, issued the 2nd day! on :50_) · Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. Ninn, and adopted by the following vote: AYES: Messrs. Bear, Comer, '.'imm, and the iresident, Mr. Small--4. NAYS: None---O. ~.~.RCHANT'S LIC~iSE: A request for transfer of Merchant's License No. 3388, issuei in the name of Vada Lee Wood, trading as Big Little Grocers, to M. L. 0benshain, trading as obenshain Cash Grocery, was before Council, the City Manager recommendinE that the transfer be made. Mr. Bear moved that Council concur in the 'recommendation of the City Manager, an ~offered the following Resolution: ., (~4922) A RESOLUTION authorizing transfer of Merchan_t's License No. 3388, issued 'on the 2?th day of ~ugust, 1936, in the ;~Orocers, to M. L. 0benshain, trading as name of Vada Lee Eood, 0benstmin Cash Grocery. ( For full t'ext of Resolution see ordinance Book No. 9, page Mr. Bear moved the adoption of the Resolution. The motion was ,~ ~inn, and adopted by the following vote: trading as Big Little 31' ). seconded by Mr. AYES: Messrs. Bear, Comer, W'inn, and the Fresident, Mr. Small ---4. NAYS: None ----0. E. Lawson, trading as recommending that the MERC~T'S LICENSE: A request for transfer of Merchant,s License No. issued in the name of Nalter Shulton, trading az Shelton Service Lawson ~erwice Station, was before tramsfe~ be made. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: 3379, Station, to George Council, the 0ity Manager {~49P~) A RESOLUTION authorizing transfer of Merchant,s License No. 53?9, issued t~ Walter Shelton, trading as Shelton Service Station, on the 21st day of August, 1936, to George E. Lawson, trading as Lawson Service Station. For full text of Resolution see Ordinance Book No. 9, page 3!_ ). Mr. Bear moved, the adoption of the Resolution. The motion, was seconded by Mr. and adopted by the following vote: AYES: Messrs. Bear, NAYS: None --0. MERCPL~NT' S LICENSE: Comer, Winu, ~nd the President, Mr. Small --A. request ~or transfer of Merchant,s License No. 3105 is- sued in the name of Claude Griffin, trading as Nest trading as 'Seat End Market, was be fc~e Council, the End Market, to Joe Griffin, City Manager recommending that the transfer he made. Mr. Bear moved that Council concur in the recmmm~emdatiom and offer ed the following A RESOLUTION issued in the name of Claude Griffin, Resolut ism: authorizing of the City Manager, transfe~ of Merchant,s License No. 3105 trading as ~est End Market, on the 30th, day of July, 1936, to Joe Griffin, trading as Nes~ End Market. ( For f~ll text of Resolution see Ordinance Book No. 9, page 32 ). Mr. Bear moved the adoption of the and adopted by the following vote: Res slut i on. The motion was seconded by AYES: Messrs. Bear, Comer, Uimu, and the President, Mr. Small --4. NAYS: None .... 0. MERCHANT'S LICENSE: A request for transfer of Merchant's License No. ~32, £ssued in the nmme of G. T. Snyde~ to G. T. Snyder and R. S. Caldwell, was before :ouncil, the City Manager recommending that the transfer be made. Mr. Bear moved that Council coneu~ in the rec~,mendation md offered the following Resolutions: (~49P~ A RESOLUTION authorizing transfer of Merchant's License No. 3132, the $lst day of July, 1935, to G. T. Snyder for operation of Stalls 22, 24, W. Arcade Market to G. T. Snyder and R. S. Caldwell. ( For full text of Resolution see Ordinance Book No. 9, page ~2 Mr. Bear moved the adoption of the Resolution. ~inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Winn, amd the NAYS: None .... 0. REPORTS OF GFFICERS: REPORT OF T~ CITY MANAGe: ~d amd expenditures for week ts sixty-two cents l~r cubic of the City Manager, issued . The motion was seconded by Mr. ~r. Small ---A. President, The City-Manage~ submitted report ending Augus~ 20, 19~, showing cost yard. The repor~ is filed. o f mork accomplish- of garbage removal I 237 238 CROSS-QVER: The 0ity Manager submitted re~ort and zeccmmende~ that l~rmit for cross-over as requested by Joseph Alouf to accommodate property at 555 Marshall Avemue S. ~., be granted. Mr. ~inn moved that ¢ou~il concur in the recommendation of the City Manager, and offered the follo~ng Resoluti~: RESOLUTION granting a pe~mtt to Joseph Alouf to construct a concrete cross-over to accommodate property at 555 Marshall Avenue, 3treet 8. ~. ( For f~ll text of Resolution see Ordinance Book No. cross-over to be on 6th 9, page Mr. ~'i-- moved the adoption of the Hesolutiom. The moticax was seconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Boar, Comer, h'inn, amd the President, Mr. Small--4. NAYS: None ---0. STREET LIGHT: The City Manager submitted report and recommendation that 1-250 C. P. Street Light be installed at the intersection of Franklin ~venue and ?th ,Street as petitioned by residents in that section. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4927) A RESOLLTION to install a street light at the intersection of Franklin ~Avenue and ?th Street~South Roanoke. ( For full text of Resolutic~ see Ordinance Book No. 9, page 35.1. Bear moved the adoption of the Resolution. The motion was seconded by Mr. Comer, amd adopted by the following vote: AYES: Messrs. Bear, Comer, Winm, and the President, Mr. Small--A. NAYS: None ----0. B~.~W0RTS .OF C (~ITTF~ES: HIGHLAND PARK: The c~m~ttee appointed for consideration of closing d~iveway in Higb~ ~nd Park submitt ed the following report: Hr. Comer moved "Regarding the request of the -~lleghany Garden Club that the driveway through Highland Park be closed to traffic ,md Deti~ion from property owners in the vicinity of Highland Park objecting to the closing of this Park Driveway wbtch was refer=ed to the Director of Parks and me for report an~ reccmmmdation. "After considering the objections of the property owners in the vicinity of Highland Park we do not think it advisable to close this driveway and recommemd the construction of curb on each side of the driveway of sufficient height to keep au- tomobiles from driving on the grass and resuxface it with asphalt. We also rec~-w,~nd that it be made a one-way drive and all trucks and delivery vehicles be prohibited from using this driveway. Respe ct fully submit ted: ( Signed. ) W.P. Hunter, City Ms_n_ager, K. Mark Coven, Director of Parks.] that the re~ort of the committee be accepted, and that the .City :Manager be ~rected to make application for a '~PA project f_or construction Of curb aa recommended in the report, and to report back to Council cost of same before proceeding with the work. The motion was seconded by l. dr. Ninn, and unanimously adopted. TRAFFIC: M~. Bear, Chairmam of the Traffic Co~,"~ tree, repo~ted that the Traffic 0rd~nances nave been codified and that his committee would tmobebly subnnit draft of sa~e to Council at its next re~.:~_er meeting. ~ PA~ ~ PL~YGROUNDS: The Committee on Parks following repor~: and Playgrounds submitted the "Regarding tho purchase of land from the Rogers Estate known as the Buena Vista and containing 12.68 sores and land from the West RaXeigh Court Land Cc~pa~ oontaini.~ng .9,.02 acres which was referred to a c_.o~.~.tt_ee eon~.isting of H. o. ~inn, Councilman, Mr. Powell, Counoilman an~ ~'. F. Hun~er, City Manager° ' ~Your eommittee'reccennends that the City offer to purchase the Rogers Estate known as the Buena Vista containing e~proximetely lS.~8 acres for $27,852o00 and the plot of land containing approximately 9.02 acres adjoining the Woodrow Wilson High School fr~n the West Raleigh Cour~ La~d Company for $15,000.00. "These offers to be contingent upon the free holders vote for bonds to acquire this land fon i~a~k ~m~p~eee. Respect fully submitted: Powell, Councilman W. P. Hunter, City Manager.~ After a discussion of the Question, 4M. ~'inn moved that the report be accepted by Council with the understanding that the Rogers Heirs sign an option for the sale of the property at the price mentioned, subject to ratification of the freeholders of the City of Roanoke at an election to be held for ~s suance of bonds. The motion was seconded by Mr. Comer, amd unanimously adopted. . ¢ ~Ar, C. E. Hunter, Special Attorney, is directed to prepare option for execution by the Rogers heirs. UNFINISHED BUSINESS: FRAJ~LIN ROAD BRIDGE: The President, E~. Small, brought to the attention of Council the question of cost of right-of-way for the new Franklin Road Bridge over 'the Virginian Rail~?ay tracks, stating there seem~i to be a Question as to whether or not the matter can be amicably disposed of without resorting to litigation, difference betwee~n the City and the offer made by the Virginian Railway being approximat ely ~1,800.00. the M~. Comer in commenting on the Q~esti. on .stated that having been in the con- ! iference with M~ BuchOltz he is thoroughly convinced that the ~nount offered by the ' · viz, S9,257.50 plus one-hal.f cost, Virginian Railway Company/is as far as they wmll go, and in view of the fact that the City has taken title to the piece of property in controversy, moved that the City of Roanoke accept the proposition of the Virginian Railway Company. The motion was seconded by ~. Winn, and adopted by the following vote: AYES: Messrs. Bear, NAYS: None---O. Comer, Winn, and the President, b~. Small--&. CONSIDERATION OF CLAIMS: None. INTROE~CTION AND OONSIDERA2ION OF ORDINANCES J, GID RESOLUTIONS: SE¥~R AND SIDEWALK ASSESSMFJ~TS: The Question of releasing controversial Sewer md Sidewalk Assessments, 'f~rected to prepare proper Resolution the following Resolution fo.r releasing ~ity and School property: ( 492s) having previously been before Council and the City Clerk was again before the body, Mr. Bear offering Sewer and Sidewalk Amsessments against the A RESOLUTION directing the City Clerk to =elease sewer and sidewalk ~ssessments against City and School property, as shown by the records in his office: ( For full text of Resolution see 0rd~:nauce Book No. 9, page 3~ ). Mr. Bear moved the adol~ion of the Resolution. The motion was seconded ~inn, a~d adopted by the following vote: by Mr. AYES: Messrs. Bear, Comer, ~muB, and the President, .Mr. $~ell --4. NAYS: None .... O. STORM DRAIN: Mr. Bear offered the following Resolution for releasing Storm ~ain Assessments as of record in the office of the City Clerk: 239 240 {~4929} A RESOLU~ION authorizing and directing the City Clerk to certain Storm Drain Assessments ae of record in his office: tel ease ( For full text of Resolution see Ordinance Book No. 9, page ,35 ~}. Hr..Bear moved the adoption of the Reealu$ion. The motion was sec~nde~ and adopted by the following vote: AYES~ ~essrs. Bear, Comer, ~inn, and the Pres ident, Mr. Small --4, NAYS: None ---0. SEt~ER AND SIDEWALK ASSESSk~NTS: The troversial Sewer and Sidewalk Assessments authorized by Resolution No. 4912. Mr. Bear moved that the action of ,, be ratified and approved, and o~£ered the following Resolution: by Mr. City Clerk reported payment of three con- and the remitting of interest on same as the City Clerk (~4930) A RESOLUTION authorizing and directing the City Clerk on certain controversial Sewer and Sidewalk Assessments. to waive ( For full text of Resolution see Ordinance Book No. 9, page 35..). Mr. Bear moved the adoption of the Resolution. The motion was seconded t'inn, and adopted by the following vote: AYES: Messrs. Bear, Comer, Winn, and the President, interes~ by Mr. NAYS: None .... 0. MOTIONS AND MISCELI.A~OUS BUSINESS: CLAIMS-PERSONAL INJURIES: The City Manager having been d~rected to negotiate settlement of claim for injury of Alice Brown ~nd death of infant at the Rock 'Quarry reported that the executives had agreed to settle for $1,500.00 -of the infant, $?50.00 for injury to Alice Brown, and $2?6.50 for hospital, doctor and funeral expenses, a total of $2,526.50. After a discussion of the question, Mr. Bear moved that settlement be made in accordance with the recommendation of the City Manager,s report, subject to legal procedure and confirmation of the Court, the City to assume the court cost. The motion was seconded by ~. Winn, and adopted by the following vote: for the death AYES: Messrs. Bear, Comer, Winn, end the President, Mr. Small --4'. NAYS: None ---0. The City Manager and the City Clerk are directed to prepare and bring before Council at its next regu!er meeting proper Resolution carrying into provisions of the settelement. effect the PENSIONS: The City Manager brought to the attention of Council the case of Letcher Thompson who was injured in line of duty while employed by the City during the year 1931, alter having served the City for approximately thirty years, and placed on Workman,s Compensation for period of three hundred weeks, advising that the pay~__ent for injuries sustained will expire on August 31, 1936, and recommended that i, his name be substituted for that of E. D. Hall now deceased, Gratuties to Former Employees, Account ~ll0, as shown in the beginning July 1, 19 36, at a weekly pay of $3.2A. i. The City Manager in conjunction with the City ~Resolution for consideration of Council at '~. BOOSTER TRIP: An invitation "'extended to Council through the i trip to Winston-Salem, under Pensions and Budget for fiscal year Clerk is directed to prepare prope~ its next regular meeting. from E. M. Davis, representing the Boosters, was City Manager to accompany the BOosters on their N. C., on September 10, 1936, leaving Roanoke at ?:00 o'clock '.a.m., and return/ng at 10:20 p. m., the same day. CITY ,.MARKET: Br. Bear brought to the attention of the City Manager' md Council the question of ~rodu~ers of less than one bushel. tion and report. SCHOOLS - EXRE ESCAPE: that the fruits who sell peaches on the market in quantities The question is referred to the City Manager for investtga- City Manager be Mr. Bear brought to the attemtion of Council, and asked requested to obtain from the Superintendent of Schools prevent loss of life in our schools a report as to what efforts are being m~de to by fire and fire hazards. STREETS: The question of donating right-of-way to open Welch Avenue Martin Lane and Greenbrier Avenue, having previously been before Council meeting, mhd terms and conditions agreed upon with the understanding that Ordinance be drafted and entered in the Minutes the followtng: (~4931~ AN ORDINANCE providing fc~ changes widening adjacent to the property of the City of Roanoke in the conveyed:to said City by Ernest B. Fiahburn and wife by Deed and providing for conveyances for the purpose. ( For full text of Ordinance see Ordinance Book No. 9, between during the proper of this meeting, Mr. Bear offering in locagion of Highway and street Mr. Bear moved the adoption of the Winn, amd adopted by the following vote: AYES~-Messrs. Bear, Comer, ginn, NAYS: None .... 0. County of Roanoke, dated February 13, 1934~ and the Presi dent, Mr. Small--4. 0rd~nance. The motion There being no further business, on motion, duly seconded, Council adjourned to meet at 3:00 o'clock p. m., on September 1, 1936, for reorganization c~ Council. 241. page 36 ). was seconded by Mr. 242 ORGANIZATXON M~TXNG, Tuesday, September 1, 1936. The Council of the City of Roanoke met in the ~!Muntoi~al Building, Tuesday, September 1, 1956, at !organization pursuant to Section lO of the City Charter. PRESENT: Messrs. Bear, Powell, Small, linn, and Iced---5. ABSENT: None---0. Circuit Court Room in the 5:00 o'clock 2. m., for The meeting was called to order by Mr. J. W. Comer, the retiring Viee-Prestdeat. · ~UALIFICATI~NS OF M~ERS: The City Clerk stated certificates of qualificationS of new members of Council, Messrs. James 'with the Clerk of the Courts. Bear and W. W. ~ood, have been filed ELECTION OF PRESiDenT: The presiding officer, Mr. Comer, stated this is the only meeting of Council where the day and hour are fixed by Charter, first order of business being the election of the President of Council, and called for nominatiohs for term beginning Sept~ber 1, 1936, and expiring August 31, 19~8. Mr. Winn placed in nomination the n~e of I&r. Sydney F. Small to succeed himself as President and Ex-Officio Mayor. The nomination was seconded by M~. Wood. There being no further nominations, the Clerk is directed to cast unanimous ballot for the reelection of ~Lr. Jydney F. Small as President of Council and as Ex-Officio M~yor, f~r term beginning September 1, 1936, and AYES: Messrs. Bear, Powell, expiring ~ugust 5l, Win~, Wood, and the 19~8, as follows: President, Mr. Sm 11---5. NAYS: None---0. Mr. Small, in ac cept ing th e nomtnat ion, stated he wanted to express his appreciation for the expression of confidence on the Dart of Council, and to say for the next two years, if I am here that long, it will be my puxpose and desire to iwork in as close harmony and cooperation with this new Co~ncil as we have had the ~good fortune of working together in reasonable harmony for the past t~ years. I am not going to take up the time of Council to review the record. The record has ibeen written by Council during the past tree years. I know all of us who have been ~members of Council for the past tree years have worked hard, diligently and with the 'best of our ability .to ~nesslike government, i credit all members of Council with the right of opinion, iwhich they have expressed at ell times, and I do not hods for this Council to. be give tl~ people of Roanoke a constructive, efficient and busi* 'unanimous in their opinions at all times. I do think the associate~ within this Couhcil have the respect, esteem and regard for each o~her, which indicates we will be able to go forward for the next two years as effectively as we have for the past t~ year ¥~e are concerned primarily with providing the best, ~st efficient, and most [: !~:effective governm~ntal operation of this community that can be had, c~nsistent with ?fairness, justice and with due regard to the growth and development which this !progress'rye community can look fo~ard to. We have confronting us almost as many major problems during the next two years, !ias we have solved during the past two ye~s. As we all know the things which have l:been done are a matter of record and were done for the best interest of the community so far as we are concerned, except if we have made mistskes we cam go [back and retrace our steps and correct them. ibroadm~nded policy, - where we have made mistakes we ought to !:.them; however, in the mafn I think we will be credited go with doing I think that is one expression of a back and correct our level best for effective government in this comnmnttyo ~nd in that connect ion counsel, wisdom ~Lr. Wood, he is feel in due course you will fill the the shoes he has left behind. I might ~ay we will find we are going to greatly miss the s'nd Jud~ent of Mr. Comer. I say to the junior member of Counoil, leavin~ e large pair of shoes for you to step into, but we hope and same large shoes, and that your feet will fit ~'e also pay tribute, and I think Cemncil is unanimous appreciation for the cooperation of the City ~,',anager. Job to fill. We have found.~hr. Hunter cooperative at the next two years, as' we have in the past, to disagree with him at times. With respect to the City employee, s generally, I think Council is not only appreciative, but I believe the public generally recognizes the increased type of loyalty and faithful services being rendered by City employees, particularly 'those departments of a protective nature, such as the ~.olice smd fire departments, in expressing it s We know that is a difficult all times and we expect in particularly tl~ose giving faithful services~ We have t~':o years to carry on, and I propose to tM extent of my ability to do · he best I possibly cas in a fair and. impartial manner i. Lr. io~';ell, responding to the i'resident, stated that i,ir. ~m~ ll has been saying some very complimentary things about Council arfi the rest of the City employees. I want to say to you I feel confident I express the sentiment of this body as well as 'the public generally that we aPtreciate very much the high type of leadership you have brought to this Council during the past two years. .~.s you say, we have 'accGnplished some worth,While things ~hich we can point to with pride, i want to say' ~,to you in my humblest judgment that these accomplishments are due in no small measure o your intelligent mch~ and co.urageous leadership, and ! congratulate you, - and! ibespeak the sentiment of Council in pledging our loyalty to you in the future. ;I~. VICE-PRgSID~: The President stated .nominations were in order for the Vice- President of Council for 'the term beginning September l, 1936, and expiring August ~31~938. Mr. Po~,'ell placed in nomination the name of Mr. J~mes A. Bear, The .~omination was duly seconded by Mr. Winn. There being no further nominations, the lerk is directed to cast unanimous ballot for the election of idr. James -~. Bear as : ice-l'resident of Council for term beginning 6eptember 1, 1936, and ending August 1, 1938, as follows: AYES: Messrs. Bear, Powell, ;;inn, Wood, and the President, i.lr. Snall---5. NAYS: None---0. 1.ir. Bear, is remarks relative to Mr..Sm.all, the President of Council. ~wn personal regret of ~Lr. Comer going out of this Council. in accepting the nomination, stated he %i shed to join ~:~r, Powell in I wish to express my I welosme my good friend, ~Lr. Walter W. Wood, as a new member. ",'Je have many proble_~ ~onfronting us, many more: ;hen five mea ought to be asked to wrestle with one time per week;' however, I hope ~e will be able to carry on in the future as in the past. I thank you very much for the honor conferred upon me. h~ECTIOI,i OF OFFICERS: The President stated, with the completion of the organi- '.etlon of Council, it is appropriate and in accordance with the Charter provis[ ons ~f the City for the Council to proceed with the election of those officers whose erms expire concurrently with each re orgsn iz at ion of Council for peried of tm~ · ears from the first day of 0ctGber, 1936, and called for the following nominations: CITY ~IANAGER: The President stated the office of City Manager is of course 24'3 '244 elected or appointed at the pleasure of or less in the nature of continuing the ¢ ouno il o The action this afternoon ia more appointment of the City Manager under the provisions of the Charter. There being no objection on the part of Council, we will proceed with the election of elective officers by Council, as provided in t~ ICharter, and called for nomination of the City Manager. !~.~. Winn placed in nomination the name of W..P. Hunter to succeed himself as City Manager, to serve at the pleasure of Council, commenting that Mr. Hunter has done a wonderful job in tbAs City and carries a great burden. I do not see how one can think of all the things he has to do in one day. The nomination was dmly seconded by l~,r. ',,cod. There being no further nominations, the Clerk is directed [to cast unanimous ballot for the reelection of Mr. ~. P. Hunter as City Manager to : succeed himsolf and servo at the pleasure of Council, as follows: AYES: Messrs. Bear, Powell, ;/inn, Wood, and the President, t~r. Small---5. .,,~o: None---O. CITY CLEP~[: The tresident called for nominations for City Clerk. Mr. Bear placed in nomination the n~ne of L. D. Jaues as City Clerk to succeed himself for a term of tv~o years beginning October l, 1936, commenting, I consider him very efficient. The nomination was seconded by ,'..:r. ',Minn. There being no further nominations, the City Clerk is directed to cast unanimous ballot for the reelection of L. D; James as City Clerk for two year term beginning October 1, 1936, as follows: AYES: 2jessrs. Bear, Powell, Winn, Uood, and th e President, l,,ir. Small---5. NAYS: None---0. ~t this juncture, the President, ld.r. Small, stated he would like to teke this opportunity of making a statement richly deserved. I appreciate the compliments Council has paid me, but I want to say that this Council has had the benefit of the most energetic, effective and capable City Clerk during the past two years I could expect, or we could expect, under any stretch of the imagination. I think a number of the accomplishments of this Council, particularly fro~. the Legislative and Secretarial side of the work, has been due largely to the loyalty and efficient work of Mr. James, and I would like the minutes to record this word of recognition and appreciation of his services. CITY AUDITOR: The President called ~r nomA nat ions for the City Auditor. Powell placed in nomination the name of H. R. Yates as City Au~l. tor ~ smcoeed himself for a term of two years, beginning October 1, 1936. The · nominat ion-was duly seconded by ~M. Bear. There being no further nomination, the Clerk is directed to cast unanimous ballot for reelection of H. R. Yates as City Auditor to succeed himself, for a .two year term beginning October 1, 1936, as follows: AYES: Messrs. Bear, Powell, Winn, Wood, and the President, M~. Sm_~ll---5. NAYS: None---0. CITY ATTOR~: The President relinquished the Chair to Mr. Bear, Vice-Presidenl of Council, and placed in nomination the nsme of C. E. Hunter as City Attorney for the term of two ~ears beginning October 1, 1936, at a salary of $5,000.00 per annum. The nomination was duly seconded by Mr. Powell. There being no further nominations, C. E. Hunter was elected City Attorney for the term of two years beginning October 1, 1936 by the follow~ng vote: AYES: Messrs. Bear, Powell, Winn, ~ood, and the President, ~br. Small---5. NAYS: None---0. The City C~erk is directed to prepare proper resolution supplementing budget approDriation for the City Attorney, and bring before councxl for co. nsideration ~rior to 0otober 1, 19~6. CIVIL AND ?0LICE ~U~TICE: The President called for nominations for Civil an~ Police Justice. Mr. Wood placed in nomination the name of H. 3. Birohfie~-d to succeed himself as Civil and Police Justice, for a term of two years beginning 0otober' 1, 1936. nominations, the The nomination was seconded by Mr. Winn. There being no f~rther Clerk is directed to cast unanimous ballot for the reelection of H. S. Birchfield as Civil and Police Justice for term of t~ years beginning 0otober~' l, 1936, as follows: i AYM_.~: Messrs. Bear, Powell, Wipe, Wood, and the Presidemt, Mr. Small---5. 1 NAYS: None---0. JUVENILE AND DOMESTIC RELATIONS JUSTICE: The Prestdemt, Mr. Small, brought to the attention of Council the City Attorney had given as his opinion that Council might adjust the term of' the Judge of the Juvenile and Domestic Relations Court, which expired on February 11, 1936, to begin simultaneously ~ith the beginning of other officers, and called for nominations for a Juvenile and Domestic Relations Justice for a term of six years beginning October 1, 1936. ~y~r. Winn placed in nomination the name of Randolph G. Whittle to succeed himself as Judge' of the Juvenile and Domestic Relations Court for a term of six years beginning October 1, 1936. The nomination was seconded by Mr. Powell. There being no further' nominations, the Clerk is directed to cast unanimous ballot for the reelection of Randolph G. '~nittle as Judge of the Juvenile and Domestic Relations Court for a term of six years beginning October 1, 1936, as follows: AYES: Messrs. Bear, Powell, Winn, Wood, and t he President, NAYS: None---O. Ther~ being no further business, Council adjourned. Mr ~ 11 . APPROVED 245 COI~CIL; REGULAR M]~T~NG, Friday, September 4, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court ~toom in the Municipal Building, Friday, September 4, 1936, at 2:00 o'clock p.m., the early meeting hour being called for the purpose of considering Resolution for con- tinuing negotiations for the purchase of the Roanoke ~'ater B'orks Company. PRESENT: Messrs. Bear, Powell, Wtnn, Wood, and the President, l~r. Small---5. ARSE~T: None---0. The President, ~. Small, presiding. OFFICERS PRES~T: 2dr. W. P. Hunter, City Manager. ROANOKE i;'ATEH LORKS C01.~ANY: The President, L'M. Small, stated Mr. Frank Rogers ,had been invited to appear before Council at 3:00 o'clock p.m., for continuing negotiations for the purchase of the Roanoke Water gorks Company, and that this .be considered as a ~pecial Meeting for consideration of Resolution drafted by ~. C. E. Huntez, Special ~ttorney, which undertakes to make ~n offer for the Carvin's agreed that the ammnt of $2,950,000.00 be inserted as an offer for all real and tangible personal property~ .Cove property, and read the proposed Resolution as drafted for the infonaation of · .o ~.c il. The tentative draft was discussed pro and con, it being rights and privileges of the Roanoke Water Works Compauy, including Carvin's Cove property and other parcels of land conveyed to the Water Company since Ccancil's offer on the 21st day of August, 1936, and t~t the Water Company give its decision on or before the 18th day 'of September, 1936, Mr. Winm offering the following Resolution: (#4932) A RESOLUTION approving and providing for offer of purchase to Roanoke Yater W'orks Company for its water plant and other property. ( For full text of Resolution see 0rd~ance Book No. 9, page 37 . } Mr. Winn moved the adoption of the Resolution. The motion was seconded by the follov~ ng vet e: Mr. Wood, and adopted by AYES: Messrs. Bear, Powell, Winn, Wood, and the President, ]~,~. Small---5. NAYS: None---0. 'MTNUTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Powell, seconded by Mr. ¥[ood, the reading is dispensed with the the minutes approved as recorded. ROAN0~E_E YfATER ~,0RKS C01~PANY: The hour of 3:00 o'clock having arrived, amd a by ',~r. Frank Rogers, ~ttorney, representing the Roanoke Water Wor~ delegation headed Company, having appeared at the invitation of Council, the President, ¥~. Small, Stated r~resentatives of the Roanoke Water Wortm Company lind been invited to attend ~he meet~Bg of Commcil for the purpose of continuing negotiations for purchase of the properties of the hater Company, and read Resolution previously adol~ ed at a Special hieeting this afternoon, an attested cody of which was delivered to Mr. Rogers, the President explaining that the offer embraces, and is a part of the consideration which contemplates the Roanoke Water Works ComDsmy, now holders of the ~arvin's Cove .development, will be in a position to deliver a good amd satisfactoryi title to the Cmty of Roanoke for all of its property embraced in this offer of ~ ~urchas e. ~ 'Mr. Rogers in receiving a copy of the Resolut ion expressed his thanks smd stated he was ~resented to ~M. ~est, President to Council by the time requested, Friday, September 11, 1936. the 4th day cfM ay, glad the negotiations are being revived, that the Resolution would be of the gater Company, and that ananswer would be ma perhaps at the next regular meeting of Council on HEARING OF CITIZENS UPON PUBLIC MATTERS: SEWER AND SIDE%VA~_.K ASSESSMENTS: Mr. Henry Glasgow ',esking that Sewer Assessment 'standing against property 3, and all of Lot 4, Edward Smith _~_,p, now in the name of E. G. Aldxich, be re- leased in that abstract of title made by..~ttorney, W. L. Welborn, now deceased, 1925, states "no Sewer Assessment being listed as a lies ." appeared before Council described as ~O feet of Lot on The President, }.Lt. Slnall, in discussing the matter, stated that Co,mcil by Resolution No. 4912, dated .~ugust 21, 1936, had agreed to remit interest providing .the principal is paid on these controversial Sewer and Sidewalk Assessments. The question was discussed somewhat at length, Idr. Glasgow,s contention being that examining attorneys were not permitted to examine the records in the office of ~:the City Clerk at the time the erroneous information was given, and that an innocent 3purchaser or attorney abstracting titles should not be penalized for errors of duly appointed City employees. Mr. Po~ell in commenting on the question stated while the City may have a legal right in pursuing the collection of these controversial Sewer and Sidewalk Assess- '{merit s, felt directed to there was a moral obligation involved, and moved that the City Clerk draft Resolution authorizing the renitting of principal and interest on controversial Sewer ,__nd Sidewalk Assessments where it can be shown to the The motion was seconded by ~Lr. Wood, aud AYES: Messrs. Bear,. Powell, Winn, Wood, ~nd the President, i,~. Small---5. NAYS: None----0. PETITIONS aND COI.~T;NICATIONS: STREET LIGHTS: A petition signed by residents on Carolina ~vauue at Fifth Mff~.~: A communication and Resolution from the Roanoke Central Labor Union, ~pposing any increase in the p~2t. ce ~ milk in the City of Roanoke, was before Council. ~n motion of Mr. Bear, seconded by Met'. :;'inn, the City Clerk is directed ~o trmmsmit satisfaction of the Clerk that abstracts of titles Pcel~red by reputable attorneys 'received information from the City Clerk's office at the time that there was no assessment standing against properties in question, the assessm_~o__ts to be released only by Special Resolution of Council. ~dopted by the following vote: Street, asking that a stop light or an intersection stop sign be placed at the Borner of Carolina ~venue and Fifth Street, was before Council. The petition is ~eferred to the City IJanager for attention. :opy of the Resolution to the State Milk Commission, and also copy to Pm fesssr ). R. Carpenter, member of t-he local ~Lilk Comm{ssion. SOUND I. dAiLING DEVICES: A conununication from City Attorney, R. C. Jackson, ogether with draft of proposed Ordinance regulating the use and operation of radio .evices or other devices for the amplification of sounds for advertising purposes, ~as before Council. The City Clerk is directed to forward :hamber of Commerce, copy of the proposed 0rdinace to the the Merchants, Protective ~ssociation and the Retail ~lerchants, 247 '248 Association, advist-E that the said Ordinance will come before Couneil .for oon~idere tion a~ its next regular meeting on Friday, September 11, 19~, and that Comnoil will be glad to hear representatives of the said organizations on the subject at that time. APPLICATIONS: A c_~.municatlon,~fom Fred B. Gentry, Attorney, making application for position of City attorney, was before Council. The communication is ~led. MILK: A communication from a. R. Tinsley, opposing any increase in the price o milk in the City of Hoanoke and offering suggestions as to the handling of same, was before Council. The communication is filed. ROjd~0KE .,'ATER ',.0Rt[S COL~PANY: ~ Resolution from Blue Ridge Peat No. Veterans of Foreign ',~ars, endorsing the action of Council in proposing to purchase the Hoanoke ',afar ',orks Company, was before Council. The Resolution is f~led. PARKS .~D PLAYGROUNDS: _.~ Resolution from Blue Hidge Pont No. ~8~, Veterans of Foreign ,,ars, advocating properties now under consideration for parks and playground was befc~e Council. The Resolution is filed. I'~'~"~. communication from C H Zilam of the Roanoke Cemtral Labor Union, inviting Council to be present in the reviewing stand on the Post Office steps to vie~'.~ the annual Labor Day Parade, on Monday, September 7, at 10:00 o'clocki a.m., ~as before uounczl. The City Clerk is dL~ected to acknowledge receipt of the c~mm~mication, ~md to advise that same ~as read before Council and invitation extended in accordance with · the c~,~munication. RECRH-~TION DEP~2~f-~i~T: ~ co?.munication from K. Mark Cowen, Director of the Department of Recreation, asking that an appropriation be made in order that $450.00 might be raised for the purpose of sending the "Cinder Blocks" Softball Team to Chicago to compete in the World's Championship Tournament at Soldiers' Field, Oeptember 12th, 13th and 14th, was before Council. The Cm~y Manager called attention to the fact t~t no appropriation is included in the Budget for expenditures of this nature, and reco.~m.~ended that no action be i} taken. It was also the consensus of opinion that Council is without authority to 'I make appropriations for purposes of this nature. The cGnmunication with i~s requesti is filed. H0~,I0~.E GAS LIGH~I CGIPJdTY: ~u application from the Roanoke Gas Light Company requesting permit to open 17th Street, N. '~' from L[elrose ~venue South to 606 - for a distance of 200 feet, for purpose of laying a 2-inch gas main, 17t h Street, the City l.danager recommending that the permit be granted. was before Council, L~. l~inn moved th~_t Council concur in the recommendation of the City Manager, .and offered the following Resolution: (~4933) A RESOLUTION granting a permit to the Roanoke Gas Lighh Company to install a gas main in l?th Street, N. W. ( For full text of Resolution see Ordinance Book. No. 9, page ~38 . ) !Lt. Winn moved the adoption of the Resolution. The motion was seconded by l.Lr. Wood and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, Wood, and the President, Mr. Sma!l---5. NAYS: None---0. ROAi~0KE GAS LIGH2 C~ANY: An application fr~.m the Roanoke Gas Light COml~ny S. E.,-from 1117 West to 1109, for a i ~ requesting permit to open Highland Avenue, !; distance of 160 feet to a dead end, for purpose of laying a 2-inch gas main, was before Council, the City Manager recommending that the permit be granted. Mr. Bear moved that Council concur in the recommendation of th~ City !~ianager, and offered the following Resolution: (~4934) A RESOLUTION granting a permit to the Roanoke Gas Ligh~ Company to install a gas main in Highland Avenue,-S. E. ( For full text of Resolution see Ordinance Book No. 9, page . ) Mr. Bear moved the adoption of the Resolution. The motion was seceded by l.,Ir, Powell, and adopted by the follow~ng vote: AYES: Messrs. Bear, Powell, i~inn, ¥iood, and the President, Mr.- Small---5. NAYS: None---0. PEDDLERS: The City Clerk having been directed to obtain copy of Ordinance from} the Town of Green River, Wyoming, regulating solicitors, peddlers, agars, etc., from going on private residential property, sub~dtted same to Council. In the absence of any motion for consideration of a similar 0rdins~ce I~r the City of Hoanoke, the conm~unication is filed for possible consideration at some future date. LEAGUE OF VIRGINIA ~dUNICIPALITI~: A conmuntcation from the League of Vir g~ nia !~Iunicipalities, asking that names of representatives designated to attend the con- vention in Winchester be forwarded to headquarters in Richmond, was before Council. ~_uy member of Council desiring or intending to attend the convention is directed to notify the City Clerk in order that the names might be rrm s~itted to the League. L~RCHANT'S LICH~ISE: A request for tran_sfer of ~erchant&s License No. ~1~, issued in the g,me of C. H. Stewart, to C. H. Stewart and Blanche Sweeny, ,,:tas before Council, the City I~anager recommending t~Lat the transfer be made. i,~. Winn moved that Council concur in the recommendation of the City ~anager, and offered the following Resolution: (~4:9~5} ~. RESOL~TION authorizing transfer of i.~erchant's License No. ~1~, issued on the 51st day of ~uly, 1~58 to~ C. H. Stewart :fl:~r operation of Stol. 1 No. The motion was seconded by _~nd t he Pres ident, ~r. Snm 11---5. transfer of Merchant's License No. 3377, Company, to Stella Cohen, trading as .Arcade ~arket, to C. H. Stewart and Blanche Sweeny. ( For full text of Resolution see Ordinance Book 9, page Mr. ~'~inn moved the adoption of the Resolution. }.~. Bear, and aaopted by the follov~ng vote: AYES: Messrs. Bear, Powell, Winz~, Wood, NAYS: None---0. ~ .MERC~T'S LICENSE: A request for issued in the name of idorgan-E1Abank Fmrniture 0. K. Sample Shoe Store, was before. Council, the City !;~.anager recommending that the transfer be made. Mr. Winn mo'~d that Council concur in the recommendation of the City L'armger, and offered the follo~&ng Resolution: (~9~6} A RESOLUTION authoriz~g transfer of ~erchant's License No. ~??, issued on .~ugust 20, 1936, in the name of i~organ-Eubepk Furniture COml~ny, #118 East Campbell ~venue, to Stella Cohen trading as 0. K. Senile Shoe Store for operation of a store at ~12~ East Campbell Avenue. ( For full text of Resolution see 0rdinanc~ Book No. 9, page .... 40. ) }Lt. Winn moved the adoption of the Resolution. The motion was seconded by 249 ~r. Bear, and adopted by the following vote: 250 AYES: Messrs. Bear, Powell, Win~, Wild, and the President, M~. Small---5. NAYS:. None---0. ~DS AND REBATES: A communication from the City Treasmrer re~Aesting that ~&rs. Lima D. Neal be credited with $1.19 representing City head tax a~d penalty for the year 1953, standing as a charge against Mrs. Neal in the Delinquent Tax Depart- ~ment, Mrs. Neal having paid head tax of L. C. Neal in error, was before Council. following Resolut ion: (~4937) A RESOLUTION authori z[ng The request having been investigated and verified, t,~r. Bear offered the the Delinquent Tax Collector to credit ~&rs. ~:Lina D. Neal ,1.19 covering head tax for the year 1933. ( For full text of Resolution see 0rdtnance Book No. 9, page 40 ) ..Mr. Bear mo,.ed the adoption of the Resolution. The motion was seconded by ; :..:r. ',ood, and adopted by t he following ~)te: AYES: !dessrs. Bear, Powell, i~inn, end the President, None---0. ~nEFL~DS _~ND REBATES: A COmmunication from the Delinquent Tax Collector request- ing a refund of $10.22 for over-payment of delinquent taxes on Lot 6, Section Weaver Heights, standing in the name of W..~. Ingre~, was before Council. The cGm,~unication is referred to the City Clerk for investigation s~d report. R~_~0RT$ OF OFFICERS: SPECIAL POLICE: The City 1.2anager submitted report and reco~aended that J. W. Newman be appointed as opecial Police Officer for duty on the premises of the i-atrick Henry Hotel. i,:r. Bear moved that Council concur in the recommendation cg the City LLanager, and that J. W. NeEman be appointed as Speci_nl Police Officer on the premises of the Patrick Henry Hotel. The motion was second_ed by !¥:r. Winn, and · unanimously adopted. SPECIAL POLICE: The City i~anager submitted report and reco~maended that. 0. R. !~Perdue be appointed as Special Police 0filcer for watchman duty at the pzoperty of .Stanford and Inge, Incorporated. l~x''. Bear moved that Council concur in the recGnmendation of the City ;2anager, and that 0. R. Perdue be appointed as Special Police Officer for watchman duty. at the property of Stanford and Inge, Incorporated. The motion was seconded by 1,~. Winn, and unanimously adopted. The City Manager submitted report with reference to complaint of Ruvo B. Jones of conditions exist_~_ng at 12 Tazewell ~venue, Se E., the City ~anager reporting that instructions have been given to the Superintendent. of Police to have :~the complaint investigated. CITY T~SD~qER.' The City Treasurer submitted report for month of ~ugust, i~show~n~ collections of ~21,898og~ as cor~ared ,aith collections of ~gg,:51A.O? for ~the same period last year. The report is filed. /~T.MSHOUSE: The Director of the Department of Public Welfare submitted report i' L ithe ~l.m.qhous~ for tho month of ~ugust, 19~. The report is :fi.l~d. BURBk~.L ~0RIAL HOSPITAL: The City ~anager submitted report of patients treate at Burrell Llemorial Hospital for the month of august, ~of ~g67o00. The report is filed. 1936, showing 89 d~s at a cos' The City LLanager is directed to request thst future reports for the Burrell ~demoria! Hospital and also for the Roanoke Hospital be submitted ~o~ ng number of days' treatment for the current month; also comparative ~l~eceding month and a comparison for the seine month ,-, ~o.- : ,;;,.~- _ ,. ~...~, REPORTS OF ~0 ..... ITT~S TRAFFIC: . J. ~. Bear, figure ib r the imue di ate for the previous year. Chairman of the Traffic Committ e , re~ozted that oodiflcation of the Traffto Ordinance has been completed end draft of same is now ready for consideration of Council; but ~tth ¢ounoil,s approval, the same will be held over until the next re6ular meeting of or three sections of the Code be given being his su6gestion that the Ordinance be put on its first public be ~Lven an opportunity to be heard on the subject. At the su~estion of the President, Mr. Small, and ~th the a~provalof Council, the Committee is authorized to hold the public hearing, as suggested, in c~der that the time of Council.might be conserved. ¢ounoi 1, in cr der t hat two further consideration by tM Committee, it reading, and that the DOGS: ~.er. Powell advised Council that the Commt_ttee appointed for drafting 0rdinsBce to control and regulate dogs running at large was not ready to repot; but that he had expected to get this Corem/tree together during the coming week for the report on F~day, September ll, 1936. UNFINISHED~ BUSINESS: None. CONSIDERATION OF CLAII~S: ROANOKE WATER i;0RKS C~,,[PANY: Invoices ~_mounting to $1,694.93 from Burns & McDonnell Engineering Company covering clerical engineering assistance incident to review and appraisal survay of the Roanoke ~'ater Works Company was before Council. ~,~r. Bear moved that Council authorize the payment of the in~o ices in question upon approval of the City .;.;anager, and offered the following Resolution: (~4938) A RESOLUTION appropriate:rig ,1,694.93 for clerical engineering assist- ance incident to review aB4 appraisal survey of the Roanoke Water Works COmlmnY by the firm of Burns and McDonnell Engineering Company. ( For full text of Resolution see Ordinance Book No. 9, page 41 . ) t/r. Bear moved the adoption of the Llr. i~owell and adopted by the following Resolution. The motion was second ed by vet e: AYES: Messrs. Bear, Powell, Winn, Wood, and the President, i;Lr. Small---5. NAYS: None---0. The City Clerk is directed to bring report before Council at its next meeting showing the exDenditures for the appraisal a~d survey to date, the ssid reD=t to be segregated as to regular contract fee, attorney,s cost, clerical engineering assistance, and any other expenses incident to this sur~ey. INTRODUCTION ~lqD CONSIDERATION OF 0RDINA/~!CES AND RESOLL~IONS: SIGNS: The Kroger Grocery and Baking Company, having reqtmsted a pemit f~ construction of a metal sign on its warehouse at '2240 Shenandoah kvenue, snd the City l.'.anager having recommended that the permit be granted, ,Mr. Winn offered the followi ng Res olut ion: (~4939) A RESOLD~ION permitting the Kroger Grocery and Baking Company to construct an all metal sign. ( For full text; of Resolution see Ordinm-tc? Book NO.mo~ wa'g-'b~eorded by L~r. Wi_nB moved the adoption of the Resolution. The ~.page~on 41 .) iLr. Wood, and-adopted by the follo~'~ng vote: AYES: Messrs. Bear, Powell, Winn, Wood, and the President, E".m. Small---5. NAYS: None---0. PENSIONS: The City Manager, having recommended that Serena Thompson be paid $3.24 per week for the benefit of Letcher Thompson, a former City Employee, the said amount to be charged against "Pensions and Gratuities to Former Employees Account ~ll0, as shown in the Budget for fiscal year beginning July l, 1916, ~ 251. 252 requested to bring before Council a Resolution for consideration, presented sene, which is referred to I¢.r.C.E. Hunter, S'peolal Attorney, for clarification and -~examination as may appear for the best interest MOTIONS ;~D MISCELLANEOUS BUSINESS: FILLING STATICES: The City Manager brought ~r. H. G. of the City. operator of filling before Council a request from station at the corner of Franklin Head sad Brandon .,venue for permission to erect two poles between the curb and sidewalk on City Property for the purpose of Flood Lighting his filling stat[ on. The City i.'.anager recommended that Council deny the reques+,. On motion duly seconded, the recommendation of the City Manager is concurred in and the request for permit refused. STREETS: The President, Mr. Small, brought to the attention of the City ManagerI and Council the sugg. estion that sidewalk on the East side of Henry Street tmmediatel~ across from the Y. ;.~. C...~. Building be narrowed in order that tile bad angle at the I i corner of Franklin .~oad and Henry Street~ might be improved. I The City L..anager is directed to investigate and report to Council what improve-, merit can be made. BUDGET-HE~kLTH DEPAR~2.;~JT: The City Lanager brought before Council a request from the iiealth Department that funds now s~own in the Budget as Incident~] s under "in order "Tuberculosis Control" Account #51, be transferred to "Gasoline and 0il, that the nurse assigned to Tuberculosis work might be permitted to utilize an automobile turned over to the Health Department by the Instructive Visiting Nurses ",~ssoci ation. The City ..anager and the City Clerk are directed to draft proper Resolution ~or Ordinance authorizing the transfer, for consideration of Council at its m xt 'regular meeting on Friday, September 11, 1936. B~0RTS: The President, LLr. omall, made inquiry of the City Lanager as to what ~reports are rendered showing consuEption of gasoline and the number of mil~s traveled by City owned automobiles. The City _~_anager is dLrected to render monthly report shov~lng gasoline c~nsun~dI and the niles traveled by all City autonobiles, individually. The City ~anager reported that i, Lr. S. C. Liggett, State Highway !Engineer, who ~as invited to attend a meeting of Council for the purpose of discussing ~the question of ~denLng Brandon Road, has been transferred from this district, and has been succeeded by i:lr. F. A. Davis. : The City Manager is directed to invite LM. Davis to appear before Council at :its next regular meeting on Fr-lday, Septmber ll, 1936, for ~ scussion of 't;la~ question. i ~i"~f LLARF~T: The City L.anager submitted affidavits fro~ producers of fruits for :sel e on the City Liarket, advising that ~uantities are sold in amounts of one ~uart ~to as many bushels as the purchaser desires. The affidavits are filed B00STE~ TRIP: The President, I3r ~Xaa3_l~ moved that the City 2:anagor and or~ member of Council be designated to accompany the Booster Trip on September 10th, the ex-permes of the trip to be assumed by Council anti. charged to Traveling F~'I:}~.ses, as .sho~n in the Budget for City Council and the City !.ianager. The motion was seconded b-~ ~ iJr. Powell, and unanimously ~dopted. dlTY AUDITOR: The.President, i.:~ ~mall, brought before Council the question of ° invest igat ing m~__c hines Roanoke in one ope:ation, as as Pittsburgh and Cincinnati. The City Clerk is directed to request the City ,~udttor for writing Land Books and the Tax Tickets for the City of is now in effect in some of the l~rger cities, such t o make inquiry er~ accumulate such data as is available on the subject, wAth a view of ascertaining if the mac hines ca~ be advantageously used to meet the local situation, and to submit report and recommendation to Council at its next regular meeting on Friday, September 11, 1936. There be[ ng no further business, on motion by I.ir. Winn, seconded by t~owell, Council adjourned. ~ ~lerk ~PPRO V£D President. 253 254 ¢0UN~IE, REO~;LAR MEETING, Friday, :september 11, 1956. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the ~.~unicipal Building,. Friday, September 11, '.'the regular meeting hour. 1936, at 3:00 o'clock p. m., Messrs. Bear, Powell, ~'inn, Wood, and tl~ President, ~. Small--5. ABSF~T: None --- O. President, Mr. Small, presiding. OFFICERS PRES~T: '"~r. W. P. Hunter, City Manager. ?,'-!I~UJTES: It appearing that a copy of the ndnutes of the previous meeting having been furnished each member of Council, upon moti~ of ;jr. Pot;ell, seconded by Mr. .Wood, the reading is dist~nsed with, and the m~nutes approved as recorded. ~U~ARING OF CITIZenS L~PON PUBLIC MATTERS: ROAN0~LE UATER ',,0RK$ C01iPANY: Mr. Frank Rogers, Attorney for the Hoanoke l;~ater Works Company, appeared before Council, presented and read tl~e following communiCa~d from l,lr. Vernon F. West, ~resident of the Company: "September 10, 1936. )n "Hon. Sydney F. Small, Mayor of Roanoke, Roanoke, Virginia. "Dear Mayor ~kmall: "I wish to acknox~ledge receipt of Council's revised offer of ~,900,000 for the plant of Roanoke Water ,orks Company. Since this p=oposal does not increase original offer except to add ~&?0,000 for the Carvin's Cove development, I regret that for the reasons set forth in my previous communication, we cannot accept-it as a basis for negotiations. "Council and the company are so far apart on the Question of value that I again urge consideration of the proposal that an arbitration board of three be ap- .pointed to fix the price, the expense of such arbitration to be borne equally by the city and the company in event that the city elects to purchase and to be borne by the city alone in event that it declines to pu~.chase. The company will agree te accept the price fixed by such a board. "I am advised that the reason advanced at the meet.ing of Council on Aug.uat 128th for not accepting this proposal was that the city m~ght..ha.ye difficulty xn i securing title to the plant in the event of the remote poss~bzlzty that the arvitra-! ~'tors' a~ard should be less than the company's outstanding bonds. "In order to meet that 5bjection and as an evidence of our willingness to go more than half way in an effort to break the existing deadlock, I now propose that 'the city and the c~pany jointly invest such an award ~ith the authority of con- ::detonation proceedings; that each party select one engineer, the two to agree upon a ithird; that me jointly ask the court to appoint these three as condemuation commis- i:siSners; that~no court instructions or legal argument be presented to the com~_ssion&rs; !ithat they be empowered to receive such evidence as they themselves deem necessary; 'and that we' both agree to take no exception to the commission's report. "I cannot, of course, speak for the bondholders. The law gives them the right to intervene in condemnation proceedings, hoEever conducted, in order to prevent a confiscation of their investment. But the procedure t. hat I suggest seems so eminent,~y fair to all concerned that I do not anticiD, ate objec.t~on from any bondholder. In ithe absence of such an objection, I am advmsed that mf the mortgage trustee be made ia party to the proceeding, the city would be able to get title at whatever figure ~the co~w~ ~.ssioners might fix, regaz'dless of the amount of bonds outstanding. "If this proposal is carried out, the effect ~ill be to give the city a ~definite option at the price set by the commissioners, while avoiding the disadvan- ~tages, delays and uncerta~nmtmes ordinarily incident to a condemnation proceeding. 10ne objection to the latter is that there are few, if any, local freeholders both !'"willing and technically Quslified to serve on a commission condemning a water plant. iAnother objection of equs1 importance, we are advised by our attorneys, is.that the iinad.eq:m_cy of the Virginia condemnation statutes to cover a case of this k~nd would inevitably result in costly and protracted litigation. ~ "So long as the present stalemate exists, the improvements and extensions whic]~ ?are so urgently needed caBBot be undertaken. In our judgment, either the city i~should take steps, such as outlined above, to assure the early purchase of the water i~orks and to permit an immediate start on the improvement program, or else the [company should be relieved of the existing uncertainty, so that it may be free to do ~! SO. Yours very truly, !. ( Signed ) Vernon F~ Y/est, i: President. After a discussion of various phases of the proposal as submitted, particular1 with reference to a bondholders protective deposit committee, _~.r. Vest having sugge~ ed ttmt the mortgage trustee be made a party to the l~oceedings, Council recessed for a~ executiYe discussion. tm After the recess, the President stated that Council has given the communicatio~ of the Roanoke .ater Yiorks Company, as submitted by i.-~r. Vernon F. West, President, further consideration, and expressed the opinion that Council is of the same thoughti and determination as evidenced in the ccenaunication of the Roanoke b'ater ¥~orks Company; i. e., to bring this question to some focusing point as expeditiously as can be done. I believe Council will as a matter of policy undertake to reach some basis for arbitration. Council is also confident no basis for arbitration can be reached without the consent of the third party to this situation, the trustee under th e mcr tgage. If the Roanoke Water Works Company. can have some official representative of the trustee under the mortgage here next Friday, prepared to discuss in an official and autheritattve way just what policy will be pursued by the trustee under the mortgage, for purpose of reaching the basis of agreement for arbitration, I believe we can progress. After further discussion of the Question, the President, Mr. Small, advisirg if~. it was the desire of the .;'ater Company, a committee from Council would be sppointed to meet with representatives of the ,0'ater Company and the mortgage trustee, for discussion of the arbitration proceedings at any time during, the e~_ming week prior to the regular meeting of Council, I.~. Rogers advised he woUld take the quest~ on up ~'.'ith the mortgage trustee immediately and as soon as he was in receipt of some definite information as to ~hen a representative could be present, he v~ou!d advise the mayor personally. " .' Smythe representing the Chamber of Commerce, SOUI'[D 1,iAi.LING D~ICES: Mr. ~,;-,. ~. , appeared before Council and opposed the adoption of an Ordinance. previously submit- ted, proposing to re~ulate the use and o~ration of sound making devices for ad- tvertising purposes in the City of Roanoke, v~ith a vie~ of prohibiting the sound making devices on the streets of the City. 'l In this connection, ~?~r. R. ',~. Cutshall, representing the Retail iderchants Association, appeared and concurred in the expressions of Lir. Smythe. a letter from_ the Roanoke Real Estate Board, endorsing the objections of the Chamber of Commerce and the Retail Llerchants .~ssociation, ~as also before Council. After couaideration of the qAestion, Mr. '-~'inn moved that the Question be refer- red to the City ~-~ttorney, with the request that he redraft t~ Ordinance with a vie~-~ of prohibiting the sound making devices provided for in the previous draft, it and asked that the Ordinance be redrafted'~ rdinance - AYES: Messrs. Bear, being_ understood that radios for private automobiles will not be included in the The motion ~as seconded by L'.~. Powell, and adopted by the follo~dng vote: Powell, uinn, Wood, and the President, Mr. Small --5. NAYS: None .... 0. SEbF~RS: ~r. H. A. Tayloe, Supervisor of Cave Springs District in Roauok~ County~ appeared before Council asking that a committee be appointed for the purpose of conferring with a committee from Roanoke County for consideration of connecting the Williamson Road sewer system with the City of Roanoke's sewer system. The President, i~Lr. Small, stated it was his opinion the citizens of Vinton also 255 25'6 h~ve a collateral interest in this subject, the City Clerk being directed to notify the Meyer of Vinton that a co~nittee is being appointed by Council and ask that similar committee he appointed from the Town of Vinton for a Joint consideraldon c~f the question. The committee appointed from Council is I,~r. W. W. Wood, Chairman, l~Lr. James A. Bear, together with the City Manager and the City Engineer. The Chairman of the committee will bring back to Council a report and recommendation prior to of the City of hoar~ke. PETITIONS ~I;D ~O~,~,IC~I0~S: BUILDINGS: ~ communication from L~r. and ~rs. J. B. Garst, r~ters of City p~oper locat,ed at 15g-lZth Street, J. ,.., asking that certain repairs be made to building, ~.v,'as before Council. On motion of .'Jr. Bear, seconded by :.~r. Powell, the City Loanager for report and recommendation. ~0~.~.=~. Application for permit to extend B-inch water nmin in Yra~Q[lin .~venue, South Roanoke, was before Council, the City L:anager recormnending that the permit be granted. -zr. Bear moved that Council concur in the reco~mmendation of the City :.:anager, and offered ~he folloYJing Resolution: (~ 4940) A ~SOLUTi0i.I granting a permit to the Roanoke Water 'Jerks Company to extend a t~o inch ~ater main in Franklin Avenue, ~outh Roanoke. ( For full text of Resolution see Ordinance Book No. 9, page 42. ) L~r. Bear moved the adoption of the Resolution. The motion was seconded by L~r. Powell, and adopted by the follo¥~ing vote:' ~ ~ Lit. Small---5. AY._~o: !.iessrs. Bear, Powell, .,~nn, Wood, and the President, l.!~Y~: None---0. commitment the communication is referred ;Y SCH00LS-FIRE ESCAPE: A coz~zaunication from the Superintendent of Schools, submitting report as to efforts made to Irevent the loss of life in the schools in th.e City of Roanoke by f52e and fSre hazards, was before Council. The commuu'lcal~.on it is filed. BUDGET-SCHOOLS: A coF~-au~cation from the Superint~m. dent of Schools, w~ h reference to the City furnishing medical service as recommended in the School,s Budget submission, was before Council. After a discussion of the question, t&r. Bear moved that the School Board be authorized to employ for the school term beginning September 10, 1936, a ~hite nurse and a part-time colored nurse, at a total cost of $1,170.00, ~900.00 being recommende for th~ white nurse and ¢2g0.00 for the t~art-t~me collared nurse, and that the City Clerk be directed to advise the School Board if at the end of the present Budget year the School Board has no unex-pended balance, Council will supplement its l:~'es~t Budget to the extent of $1,170.00. The motion was seconded by Mr. Winn, and adopted by the following vote: AYES: ~essrs.-Bear, Powell, ;Jinn, ~¥ood, and th~. President, Mr. Sine!l--5. NAYS: None ---0. TRAFFIC NOISES: A communication from M. W. Fergus~.n, suggesting that the Traffic Committee cor~ider adopging anti-noise 0rdLm. nce similar to sy~ em in effect i~n Paris in that after .~ne o'clock at night no vehicles are allowed to blow thei~ !ihorns~ under any condition, using their bright lights to attract attention instead, !~as before Council. !. ti The communication is referred to the Traffic Committee. KIND WORDS: A commmnicatton from L. E. Lookabill, welcoming the new Counctlm-t~ members on their new term, was before Council. The report is filed. FRAme, LIN ROAD BRIDGE: A ocmmunioation from Mr. C. E. Hunter, Special Attorney,. advising that voucher for $9,E88.75 has been received from the Virginian Railway Company for settlement of cost of the Franklin Road Bridge, the said amount having been turned over to the City Treasurer, was before Council. The communication ia filed. REPORTS OF OFFICERS: CL~_I~.J:~-PERSONAL INJURI~: A communication from M~. C. E. Hunter, Special Attorney, together ~iith copy of Court Order and draft of Resolul~on in the case of Alice Brown and F. L. Hatcher, Administrator of the Estate of Macy Virginia Bro~, ~. Deceased, versus the City of Roanoke, was before Council, providing for a compromise settlement of claim as a result of injury to Alice Brown and death of Macy Virginia' Breath, an infant, at the City's rock quarry on April 1, 1936. The question having been previously discussed before Council reached, ~..Lr. Bear offered the following Resolution: and agreement (~4941) A RESOLb~ION appropriating money for the payment of compromise settlements with :~lice Brown and the Estate of IJac¥ Virginia Brown, deceased, and authorizing pa~aent. ( For full text of Resolution see ~rdinance Book No. 9, page 4E ). ~ir. Bear moved the°adoption of the Hesolution. The motion vms seconded by Mr. Need, and adopted by the following vote: AYES: ~2essrs. Bear, Powell, Winn, ~;ood, and the A~resident, L~r. Small--5. NAYS: None .... 0. R0~'d~0KE WATER UORKS C0/-JPA~: The City Clerk submitted report showing cost to date of survey and appraisal of the Roanoke :Jater Works Company as $11,337.19 as ~ furnished by the City Auditor. The report is filed. DELIN%U~ TAXES: A report from the Delinquent Tax Collector, ~ith referemoe to delinquent taxes in ~he name of E. G. Upson, assessed in the name of 5'I. R. and suEgesting that, a petition be filed !Council. i, After a discussion of the question, ~r. Winn moved that C. E. Hunter, Spec~ al ii Yat e s, in the Chancery suit now pending, was 1~ fore ~ttorney, be directed to file the necessary petition for the protection of the City'S interest in the case, and to submit report to Council of the final outcome. The adopted. and unanimously motion was seconded by Mr. Powell, REPORTS OF CG~.AITTEES: None. U~FI;fiSHED BUS IN£SS: None. CONSIDE~iTION OF CLA~_IMS: None. INTR0~IICTION ~I~D CONSIDFdiATION OF 0RDIN~I~CES AND RESOLUTIONS: PENSIONS: a draft of a Resolution providing for payment of $3.24 per week to Serena Thompson for the benefit of Latchet Thompson, was before Council. In the absence of signed agreement from Letcher Thompson concurring in this agreement, the question is carried over for the next regular meeting of Council. BUDGA~-HEALTH DEP~RTM~IIT: The Health Officer having requested transfer of funds from "Incidentals" under "Tuberculosis Control", Account No. O1, to provide for "Gasoline and 0il", and the City ~anager recommending the transfer be made, Mr. :owell offered the follovAng emergency Ordinance: (#4942) AN 0RDIN~CE to amend and reenact Section #51, "Tuberculosis Control", 2'57 258 icl an 0rdinanoe adopted by the Council of the Git7 of Roanoke, Virginia, on the 29th Iday of June, k936, No. 4860, and entitled, "An 0rdinanoe making appropriations for ithe fiscal year beginning July 1, 1936, and ending June 30, 19~7." ~For full text of Ordinance see Ordinance Book No. 9, page 45.) . Powell moved the adoption of the Ordinance. The motion was seconded by ~r. lWinn, and adopted by the following vote: AYES: Messrs. Bear, Yowell, ,;inn, Wood, and the President, I:tr. Small--5. N:~YS: None ---0. MOTIONS ~,,I,D :,:IoC~LLAA,~oUS BUSINESS: STREETS: The City ::anager submitted blue print showing proposed changes at corner of Henry street and Franklin Road for improvement of the existing conditions, the estimated cost being fr~n ~35.00 to ~50.00. The City l.:anager is auth~ized to .proceed with the work. In this cor~uection, Mr. Bear suggested that before pex~aits are granted for buildings to be constructed adjacent to intersections, plans and specifications be brought before Council. CL~IL~-ROAI~0KE HOSPITAL: The City Manager brought before Council invoices amounting to $99.50, ret:resenting professional services rendered to Miss Ruby Lafoon by nux'ses and board for ss~ae at the Roanoke Hospital. The invoices having been approved by the City Physician and concurred in by the City :danager, Lit. Winn offered the following Resolution: ~:,'::a~:~T~:.: authorizing payment of invoices amounting to $99.50 for nursing se~.ice and board rendered Miss Ruby Lafon, a City patient. ( For full text of Resolution see Ordinance Book Ed. 9, page 44 ). Mr. :,inn moved the adoption of the Besolution. Bear, and adopted by the follouing vote: The motion was seconded by ;,ir. AYES: Messrs. Bear, Powell, ;Jinn, and the i~resident, L~. S~_ !1 --5. ItLYS: None .... 0. INSUBANCE: The City Manager brought to the attention of Council the subject of liability insurance on the City's trucks and automobiles, and reconnnended that same be continued in a mutual company, stating the City's past experience with this class of insurance has been very satisfactory. The City Manager is authorized to continue the insurance. POLICE DEPARTMk~: The City Manager brought to the attention of Council a suit entered in the Law and Chancery Court against the City of Roanoke for t~ purpose of ! compelling the Superintendent of Police to release a truck improperly registered. Mr. C. E. Hunter, Special Attorney, is requested to appear in the case and pro- tect the City's interest, and if the case should come to trial~and it seems pertinen~ he is requested to ask the Motor Vehicle Commission to be represented for ~he protec' tion of the otate's interest. LEAGUE OF VIRGINIA MUJh~ICIPALITIES: The City Manager reported convention of the League of Virginia L:unicipalities at Winchester on the 14th and l~th of September, 1936. I The President, ~. Small, stated that the City of Roanoke is not a member of the ~eague and asked whether or not Council cares to reconsider its former action and join the League at a fee of ~1,050.00 per annum. It was the City Manager's opinion t~-hat the'City of Roanoke should be a member of the League. !. Mr. Powell in con~nenting on the should recomsider its former action, should not divorce itself frcm the organization, and the question. The motion was seconded by .l~r. good. subject expressed' the thought that Council it being his belief that the City of Rca nohe moved that Council reconsider Mr. Bear called for a point of order, stating too much time had elapsed since Council,s former action for reconsideration. The. President ruled that the point of order was well taken, but that the question could come up as New Business under "Motions and Miscellaneous Business". Mr. Bear in opposing the measure stated he was not willing to"take that much money from the school teachers, firemen and policemen". The question was discussed somewhat at length, the suggestion being offered that the City might Join the League at dues of $800.00 per annum, the s~ount previously paid, it being I,M. Powell,s contention that if the City Joins the Le~ ue it should be on the basis of $1,G50.00, it being his belief that membership in the Leagde is of intangible value and that the League can be very helpful to the City of Hoanoke, that the amount of the dues will be a good investment. After further discussion of the qAestion, Mr. Bear moved that Council proceed with other business. The motion failed to receive a second; ~here~pon, Mr. Powell offered the following Resolution: (#49A4) A RESOLUTION authorizing membership of the City-of Roanoke in the League of Virginia Municipalities, with dues of $1,050.00 per annum. ( For full text of Resolution see Ordinance Book No. 9, page 44 ). M~. Yowell moved the adoption of the Resolution. The motion was seconded by Wood, and adopted by the follov~ing vote: AYES: Messrs. Powell, Wood, and the President, LM. Small--3. NAI~: Messrs. Bear and Winn .... 2. BUDGET-W~Gh~ISTER: Mr. Winn brought to the attention of Council the question f.compensation paid 'lLr. I'.!organ Clark, Weighmaster at the City Scales, his advice _ that he received only $4.20 for last month,s services, and suggested method be worked out for additional compensation. The City Auditor is directed to submit to Council at its next regular meeting statement showing amount paid ~Lr. Clark the last year, segregated by months, ~he present fiscal year to date. that some iI ,! .! and als~ MILK: Mr. Bear brought to the attention of Council the question of increase in ~rice of milk in the City of Roanoke as awarded by the State Milk Commission, and asked that Council agree to appropriate $1,000.~00 t~ investigate the whole milk ~ituation in Roauoke for the information of Council at the earliest possible date, it being his belief that the public of the City of Roanoke is entitled to the informa- ;ion and should know the method of charges made by producers and by the distributors, & ~or such legal action as may be possible, and in the absence of legal action, ~egislative action. · A~ter a durther discussion of the question both pro and con, htr. Bear offered ;he following Resolution: (~4945) A RESOLUTION authorizing the appointment of a ccmnnittee and app~op~iati°h )f $1,000.00 for investigation of milk prices in the City of Roanoke. ( For full text of Resolution see Ordin~.nce Book No. 9, page 45_ ). htr. Bear mo~ed the adoption of the ~esolution. The motion was seco nded by LLr. ~inn, and adopted by the following vote: AY~S: Messrs. Bear, Powell, ~inn, Wood, and the President, Dhr. o~m~ll--5. HAYS: None---0. 259 '260 as The President, appointed the following/members of the ccem~ttee: Mr. Bear, Chairman, Mr. H. S. ~inn and "Mr. W. M. Powell. TAXES: The question of amending Ordinance No. 4420 imposing penalty for to file personal property returns, to include city.capitation tax, was ~r. ~ood offering the following Ordinance for its first reading: ~mes fsi lure before C ounci (~49A61 AN ORDINANCE imposing a penalty on persons failing to file a return for purposes of taxation as provided by law, adopted by the Council of the City of Roanoke BE IT ORDAINED by the Council of the City of Roanoke ghat upon all persons i. and to repeal Ordinance No. 4420 on the 14th day of December 1934. City who fail to make a return of all personal property owned by them, not frcm taxation, for purpose of ta.~ation as provided by law, and/or upon all in said exempt persons in said City 21 years old and over who fail to make a return for Cit~ C~apita-~. ~tion Tax as provided by l_aw, there shall be iIaposed a penalty of ten percent, on a minimum of 52.00, upon the amount of taxes assessed and assessable and it shall becom,~ a part thereof and be collected as other taxes are collected and the Commissioner of f, evenue is hereby directed to assess the penalty aforesaid upon all persons ~ho fail to hake said returns as aforesaid in addition to the taxes assessed against the 'person in default. BE IT ~'"~'~ ..... ~' ~- "An Ordinance imposirg ~,~,~ ~.R~IL.:,.D that ~rdinance Ho. 4420 entitled, penalty ul:on owners of personal property failing to file a return for purposes of taxation as i~rovided by La~;'," adopted b~. the ,~ -? ~ounc~.] of the City of Roanoke, Virginia, on the !4th day of December 1934, be, and the same is hereby repealed. The Ordinance is laid over and referred to the City Attorney for his perusal c onmments as to legality of same. 0HDI~M[C.ES: ~'~r. C. "£. Hunter, Special-~ttorney, brought to the attention of Coun il nisdemeanor cases appealed from the Civil and Yolice Justice Court and tried in the Hustings Court in the absence of City Ordinances on the subject, cases being thro~:n out of Court. resulting in the · After a disc,.~ssion of the question, ;.~r. Powell .moved that tt~ matter of Judge Almond's ruling, that all appeals from the Civil and Police Justice Court v~ere proceedings have been made in the name of the City of Roanoke be referred to the City ~.ttorney, Judge H. C. Jackson, ~'~ho is requested to confer with Judge Almond, Judge of the Hustings '~ ,.., Ol.l~'~, pare an Ordinance correcting prosecutions might be made in the name of the City, and that fines imposed upon convictions go to the City Treasury, and that Ordinance be prepared for action of Council in arrying o~t the p,mrposes of this motion. The motion was seconded by ~!~. Bear, and ad~pted by the following vote: ~ho has signified his ~'~llingness to cooperate and pre- the existing procedure in misdemeanor cases so that for submi ssion of information on the subject of machines fer v~iting Land Books and Tax Tickets in one operation. The question is carried over until the next regular meeting of Council on Friday, AYES: Messrs. Bear, Powell, ',Jinn, Wood, and the President, L~. Small --5. I~iAYS~ None ---0. CITY AUDITOR: LM. H. R. Yates, City Auditor, appeared before Council as reque~t;ed.t September 18, 1936, the City Treasurer and the Comm!ssioner of Revemue being request for a discussion of the subject. to be present at 4:30 o'clock p. m., further business, Council adjourned~ APPROVED There be ingenue ~d COUNCIL, REGULAR mETING, Friday, September 18,1936. 261. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, ~riday, September 18, 1935, at 2:00 o,clock p. m., the early meeting hour being called for the purpose of conferring with cmamittee from Roanoke for consideration of connecting the Powell, ~inn, Wood, e~d the Small, presiding. '" P. Hunter, OFFICERS PRES~T: ~. ,. MINUTES: It appearing that a copy of the minutes the City,s sewer system. PRESENT: Messrs. Bear, ABSENT: None---0. The President, Mr. City Manager. Wi lliamson Re ad s ewer '$'~t em with President, Mr. Small--5. of the previous meeting hawing: been furnished each member of Council, upon motion of M~r. Bear, seconded by Powell, the reading is dispensed with, and the minutes approved as recorded. HF~ING OF CITIZENS D-PON PUBLIC MATTERS: SEVereRS: A committee from Roanoke County with ~.~r. James E. Palmer, Attorney, as spokesmam, together with a committee from the Tow~ of Vinton, headed by Mayc~ J. H. ~oseley, appeared before Council in the interest of having the City of Roanoke permit the proposed Williams on Road sewer dis~posal system to be connected with the City's sewer system. In this connection, Mr, Wagner, chief engineer of the ~. B. McOrary Company, engineer for the Williamson Road project, appeared before Council amd presented blue print showing the proposed plans for the c c~struction and contemplated ooxmect~, on with the City's sewer system, it being proposed that the County would replace a ten inch trunk line down Sixth Street across Lynchburg Avenue into Seventh Street, N. E., in the City, with a t~enty-four or thirty inch line and to construct disposal or treating plamt, north of the City limits. ' m In thin connection, kLr. Richard Messer, Chief Engineer of the State Board of Health, appeared before Council and advised that before any project was undertaken for additional dumping into Tinker creek the plans would have to be approved by the Health Department and also by the Government, and that in his opinion if the City could see its way clear to permit the connection as proposed by representatives of the Williamson Road sanitary district, amd that if a fi lt er at ion or treating plant was constructed, it would improve present sanitary conditions on Tinker Creek. Mayor Moseley of Vinton, in commenting on the subject, stated that the con- struction of the treating plant as now proposed, and the project being contingent on submission of plans _-nd specifications to the State Health Department, removes objections as previously registered in a committee meeting with committees from the City of Roanoke and County by the Town of Vinton. In further discussion of the question it was stated the estimated cost of the treating plant which is to be is $30,000.00, that the Cgunty has voted a bond ~ssue of $150,000.00. supplemented by Federal Aid to the extent of about $1~1,000.00, and that ~he plant as now contemplated is ~ple to take care of a conmmntty of 6,000. inhabitants which is twice the size of the Williamson Road area, and that the plan~ 262 8O will be~onstructed as to ad~ additional units if and when same are needed. After a recess and an executive discussion of the question, the President, ~r. Small', stated that Council has considered the proposal of the ~illiamson Road sewer sanitary district and Council has every disposition and desire to cooperate as far as consistent with due respect and regard for the interest of the City as well as th Town of Vinton. A committee from Council will be appointed to prepare a final ~ . iagreement to be entered into by the City of Roanoke and proper constituted authoritt, s [of the ~'tlliamson Road district, possibly tho Board of Supe~visors of Roanoke County~ lwhtoh will enable the County to proceed with the completion of plans for constructio of the sewer system. The general Roanoke will expect the ¥,illiam~on Road authorities to furnish to the City of Roanoke showing the contemplated sewer project, trunk line for a distance terms end conditions of the agreement will be that the City of a topographical map to enlarge the City, s of approximately ~,000 feet south from the co~n_ecting point, before the main part of the sewer project is constructed that a disposal plant be constructed prior to the connection of the sewer system with the City's sewer line, ~that the plant be constructed in conformity with detailed plans and specifications submitted by the ~illiamson Road project engineers, these plans and specifications to have prior approval of the State Board of Health, the City of Roanoke to assume no expease in connection with the enlargement of the trunk line. If the general terms and conditions which the committee from Council will draft are accepted, Co~mcil sees no reason why the present aifficulty cannot be solved. Unless these ~terms and conditions are complied with, the City will have to decline the connection The committee appointed for drafting terms of the agreement is c~posed of Messrs. Walter W. Need, James A. Bear, C. E. Hunter, ~'. P. Hunter, and C. L. Watkins~ The Mayor also suggested that Mayor ~5oseley of the Town of Vinton attend the meeting of the committee in drafting the agree~aent. , : ROANOKE WATER '~0RKS COMPANY: ~Ar. Frank W~ Rogers, Attorney for the Roanoke ~ater Works Company, appeared before Council in connection with the City's offer to :purchase the properties of the Roanoke Water ~orks Company, and advised that he .wished to relx:}rt progress in conneotion with the suggestion of Council to have the .mortgage trustee of the bondholders made a party to the proposed arbitration agree- mont, tlmt a conference has been held with Mr. Vernon F. }/est, President of the ~Water Company, during the week and that he (N~. Rogers} has an appointment with a isen~or, member of the Manufacturer's Trust Company, which is the trustee, in New York~ ion Tuesday, September 22nd, for further consideration of the question. ' Before further discussion of the question, Council recessed and after reconven- !ing, the ~resident, 4Lr. Sss!l, stated at a previous meeting Council indicated it agreed in principle to arbitration for the purchase of the Water Company. Since ~tb_~t ~i~e Council has discussed in considerable detail methods for plan of arbitrati~ and this afternoon desires to make to you a proposal as to method of arbitration. ~n ~'of the ~'ater Company the proposed arbitrate-on plan (see copy in office of City Clerk !C°~sisting of six condition.~ and suggestions, stating further the plans as prepared :would be formulated and ratified by Council as a Besolution. !~ Mr. Rogers in reviewing the proposed plan of arbitration made strenous iobjection to the Roanoke Water Works Company ~lArnishing surety bond guaranteeing a igood title to the Company, s property, free of liens and saving the City harn~less agaLnat ota~nm of the Com~any, s ore.tots. After a lengthy discussion of the question, the President aug~este~ if 'gr. West desires to expedite thto matter, and that Council is Just as desirous of reaching an a~reement, if it would be proper to ask ~Z~. West to come to Roanoke for a dis- oussion of the question for a decision in the matter as propose'd by Council, 8tatin~ further that the plan as submitted is Counoilts final proposal, that the question surety bond might be worked out by proper assurance of delivery of the property. Mr. Rogers assured Council he would confer with Mr. West as suggested by the ?resident and advise. SEWER ASSESSment_ TS: Mr. Frank Sherertz appeared before Council of releasing Sewer Assessment standing against the name of E. C. Carter, amounting to $31.16, In this connection a letter from Mr. T, X. Parsons, Attorney, was before Council, advising that notation in his records and letter addressed to the Roanoke in the interest Lot 4, Section 5, Waverly Place, in with interest from March 1, 1925. Securities Corporation under there are no date of May 24, 1927, shows "The City Clerk reports that sidewalk or sewer assessments remaining unpaid against this property,- ~ However, the .statement was made that no official abstract is available cove~ing~ the line of title. :i The Question is referred to the City Clerk for conference with Mr. Sherertz for, report of facts to Council at its next regular meeting on Friday, September 25, 1936:I. FI~.T.ING STATIONS: Mr. Albert L, Hughson,, Attorney for Mr. H. G. ~hitlow, appeared before Council and asked that consideration be given and permit granted fori the erection of poles to flood light filling station erected at the corner of Franklin Road and Bran_don Avenue. .Mr. Hughson out a solution on the Question. warn advised to confer with the City Manager with a view of working.] STATE HIGHWAYS: L'Lr. H. H. Harris, resident engineer for the Department of Highways, appeared before Council at the invitation of the City Manager with reference to improvement of Brandon Avenue from Franklin Road to Raleigh Court k~r. Harris advised as a result of Resolution frcm Council in connection with the subject, $2,000.00. had been set aside out of Federal Funds for improvement of the road in question, but that the project had not as yet been approved by i'~PA authoritie s. The President, in cow,,enting on the subject, stated Council is anxious to im- prove the road by widening the surface and straightening out some of the e~sting curves, end if funds could be provided by the Highway Department that the City wouldI !cansider providing the necessary right-of-way. Mr. Harris advised he would investigate the matter and write Council in detail can be done, with a view of providing necessary funds for the next year's PETITIONS AND C0~YNICATIONS: ROANOKE GAS LIGHT C(~PANY: Au application from the Gas Light Company fo~ Roanoke :ermit to open Franklin Avenue, South Roanoke, from Lafayette Avenue North a distanc~ approximately 300 feet to dead end, for purpose of laying a 2 inch gas main, was Council, the City Manager recommending that the permit be granted. M~. Powell moved that Council concur in the recommendation of the City M~nager,. Gas Light Company to and offered the following Resolution: (~4~?) A RESOLUTION granting a permit to the Roanoke install a gas main in Franklin Avenue, South Ro~oke. 263' ( l~r full text of Resolution eec Ordinance Book No..9, pa~e. 4~. ~o Mr. Fowell moved the adoption of the Resolution. The motion wac seconded by Mr. Bear, and adopted by the following vote= AYES: Messrs. Bear, Powell, Win~, Wood, and the President, NAYS: None ---0. , ROANOKE GAS LIGHT COMPANY: Am application frma the Roanoke Gas Light Cc~pa~v !for permit to open Staunton Avenue, N. W., fram 902 East to ?40, approximately 500 feet to a dead end, f~r purpose of laying a 4 inch ~as main,, was before Council, the~ City Manager reccemaending that the permit be granted. Mr. Powell moved that Council concur in the recommendation of the City Manager, and offered the following Resoluti~: (~4948~ A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a gas rosin in 5taunton Avenue, N. W. ( For full text of Resolution see Ordinance Book No. 9, Page 46 ~. Mr. Powell moved the adoption of the Resolutiam. The motion was seconded Mr. Bear, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, ~ood, and the President, Mr. Small--5. NAYS: None .... 0. ROANOKE ;,ATER ;,0RKS COMPANY: An application from the Roanoke Water ~orks Company to open Oregon Avenue, 50 feet East of Oak Street, Southside, and Oak Street, 70 feet South of Oregon Avenue, eastside of street, for purpose of laying a 2 inch water main, was before Council, the City Manager recommending that the permit be grant ed. Mr. Powell moved that Council concur in the reccmm~dation of the City .! ~nd offered the following He so lut ion: lay a (~4949) A RESOLUTION granting a permit to the Roa_noke Water Norks Company to ~ater main in Oregon Avenue and Oak Street, Grandin Court. ( For full text of Resolution see 0rdinamce Book No. 9, page 4? ). it' The motion was seconded by ~r-i Mr. Powell moved the adoption of the Resoluti~. Bear, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, ~ood, and the President, Mr..Small --5. NAYS: None ---0. PUBLIC '~ELFARE DEPAR~T: A communication from the Director of the Department~:i' of Public Welfare, calling attention to the need of an appropriation of funds for "i' carrying on the work of the Parent Teac~rs Associatio~ for indigent school children,[ was. before Council. The ccm~aunication is carried over for consideration at a later ti MILK: A communication fr~ J. M. Peck, Proprietor of the Hill Crest Dairy Farm at Fincastle, Vmrginia, offering access to his records by the committee appointed from Council to investigate the price of milk and milk products in the City of ..Roanoke, was before Council. The communication is referred to !:of the Milk Co~.ttee. ~ REFUNDS ~ND REBATES-DELINqUENT TAXES: A communication from the !i Collect or asking that refunds for overpayment of delinquent i:'$35.00, Dr. J. ~'. Simmerman, $50.00, L. C. Huff, Bear, Chairman Council. The question is referred to icorrect to prepare and bring Delinquent Tax taxes to T. L. Nintnger, $40.00, be authorized, was before the City Clerk for investigation, and if found before Council proper Resolution authorizing the ref::nd at its next regular meeting on Friday, September 25, 1956. REFUNDS AND REBATES-DELIN%U~IT TAXES: A communication from the Collector, requesttug refund of $4.62 in the name of C. T. Bearing, Couneil. Delinquent was before Tax The communication is referred to the City 0lark correct to prepare and bring before Council proper Resolution at the next regular meeting on Friday, Sept~nber 25, 1936. MERCHANT'S LICENSE: for investigation, and if found autho.rizing the re2And A request for R. L. Faries to J. S. Lawrence, was before that the transfer be made. Mr. Bear moved that Council concur and offered the following Resolution: transfer of Merchant,s License No. ~827 from Council, the City Manager recommending in the recommendation of the City Manager, (#4950) A RESOLUTION authorizing transfer of Merchant's License No. ZB2?, issued on the 12th day of September, 1936, in the name of R. L. Faries, to J. S. Lawren c e. ( For full text of Resolution see Ordinance Book rio. 9, page 47 ]. Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. and adopted by the following vote: was on the 12th day of September, 1936, in ,the n_s~e of H. P. Paitsell, trading as :tService Station, at Elm and Ferdinand Avenues, S ~., to R. ~. Johnson Ii ( For full text of Resolution see Ordinance Book No. 9, page 48 ). AYES: Messrs. Bear, Powell, ,,inn, Wood, and the President, ;.,ir. Small --5. NxYS: None ---0. I~.IRCH~,i~,S LIC~ISE: A request for transfer~ of Merchant,s License No. 3~0, issued in the name of H. P. Paitsell, trading as Paitsell Service Station, to R. ~. Johnson~ before Co~ncil, the City Manager recommending that the transfer be made. I~' Bear moved that Council concur in the recommendation of the City Mar~ger, and offered the following Resolution: (~4951) A RESOLUTION authorizing transfer of Merchant's License No. 3440, issued Paitsell ~&r. Bear moved the adoption of the hesolution. Wood, and adopted by the . AYES: Messrs. Bear, N~YS: None ---0. COMMONWEALTH aTTORNE~: A petition the September term of the Hustings Court, requesting that tent Commonwealth,s Attorney to aid the Attorney for the The motion was seconded by Mr. following vote: Powell, ,,~nn, Wood, and the President, Mr. Small--5. signed by thirty-three members of the Council appoint an Commonwealth in his duties in order that the Court may not be delayed in starting its morning,s as before Council. In this connection the President, Mr. Small, stated for the information of ~ounctl that Council in 1934 took the position an A~sistaut Commonwealth Attorney Jury Assis- 'numerous sessions, 7as not authorized by law, and expressed the thought that Council at that time or my time since has been disposed to deny the Courts or the Commonwealth Attorney ~ufficient and adequate assistance, stat.Lug further it was his belief that if . ~sslstance is needed the matter should have been presented to Council for constderati~on; ;hat Council has had requests from other departmemts which have' been~ considered, and ~ill consider this q~eetion in ~ s_~me manner, suggesting the Judge of the Civil and Police Court, the City AttOrney, the ~udge of the Hustings Court and~the ~udge ~£ the ~uvenile and Domestic Relations Court be asked to sit in the next reguJar meeting of Council and review all phases of this Question and to see Just whet 265 "266 remedy .can be l~rOpe~XY al~lied to the situat'lon, of this kind previously have come before Council, that all matters , which seea~ prier and aPl~opriat~ in this instance, Council having no official advi~oe until this petition. Mr. Bear moved that the City Clerk be directed to invite the Judges so named end the Commonwealth Attorney to sit in at Council at its next regular meeting on Friday, September 25, 1936, for discussion of the question. The motion was seconded by Mr. Powell, and ,manimo.usly adopted. A communication from Charles A. Ball with reference to the above subject, was before Council. The communication is to be considered with the petition presented. INVITATIONS: A communication from The International City Managers, Association, extending to the Council of the City of Roanoke an invitation to attend the 25rd Annual Conference of the International City Managers' ASSociation, to be held at the :'Hotel John Marshall in Richmond, Virginia, October 19-P~l, 1936, was before Council. The City Clerk is directed to bring the communication before Council first or second week of October for further consideration at that t~me. Attorney, L. Hatcher, the City ef blasts during the$ reporting A~mtnistrator of the Roanoke, end relieving at the City:s x~ck quarry, was erected on Carolina entering Fifth Street from co nsumat io ! REPORTS OF OFFICERS: OLAIMS: A report from L'~. C. E. Hunter, Special of settlement in the case of Alice Brown and F. Estate of l-~acy Virginia Brown, Deceased, versus the City of further liability resulting from before Council. The report is filed. STRENT LIGHTS: The City M~ager reported stop sign Avenue, South Roanoke, at Fifth Street, stopping all traffic Carolina avenue. The report is filed. RO~KE HOSPITAL: The City Ma_nager Imesented report of patients treated at ~Roanoke Hospital for the month of august, 1936, as revered by the City PhyaEctan, i~showing l?? days' treatment at a cost of $031.00, c~mDared with 317 ds~s' treatment at a cost of $951.00 for the same month in 1935. The r~ort is filed. ~0RTS OF C0~TT~a: BEWUNDS AND REBATES-DELINQUENT TAXES: A commt, ttee composed of H. S. Ninm, Ualter ~'. ~ood and C E. Hunter submitted re~ort on application for refund of "? delinquent taxes paid by Mr. C. M. Broun and reccmm~ended that the refund be denied. ',t (See report on file in office of the City Clerk.) Mr. Powell moved that the re~ort be received, and that Council concur in the recamm_.endation of s-me. The motion was seconded by -'Mr. Wi_n._n., and unanimo~sly adopted. TRAFFIC: Mr. Bear, Chairman of the Traffic Committee, presented draft of new ~[ ~:.Traffic 0rdi~nce, suggesting that the City C]~rk be authorized to proceed with the printing of same, and that galley px~ofs be submitted to Council for further licons~deration and adoption at the earliest date possible. ~-~: On motion of Mr. ~i~, seconded by Mr. Powell, the City ':[ proceed with the printing of the Clerk is instructed to Traffic 0rdf_n-nce for submfssion to Council amd final adoption at the earliest date possible. UNFINISHED BUSINESS: CI2n/' AUDITOR: Mr. H. R. Yates, the City Auditor, having been ibefore Council, together with the Commissioner of Revenue and the ~[for discussion of ways and means to prepare the Land Book and Tax Tickets in one directed to appear City Treasurer, o;e~ation by ~n~roved machinery now on the the Treasurer and the Commissioner of The question is carried over. for consideration at Council on Friday, September 25, 19~6. ~EIGHMASTER: Mr. Wins B_-_ving requested prelmration of paid Morgan Clark during the ~Xsoal years ~4-35, 35-~6, tie market, appeared ami red.ted that both Revenue were absent from t he City, the next regular meeting of statement showing amcmn~ e City- Audi tar submttted report showing as his monthly payment to the we~ghmaster approximately $~0.00 per month, Mr. Wins suggesting that some arrangement be worked out ~hereby the weigh- master might be paid a regular conr~ensation of $30.00 l~r month, also suggesting that advances against his commissions be made to guarantee this average. .-'Mr. Wtnn is appointed as a committee of one to confer with the City Manager and submit report and recommendation to Council on the subject. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SOUND MAKING DEVICES: City Attorney, R. C. Jackson, having been redraft Ordinance prohibiting the devices for the amplification of Roanoke, submitted same. It appearing that the Chamber of Commerce, use and operation of sound for adverti sing requested to radio devices or other purposes in the City of Retail Merchants Association the Roanoke Real Estate Board have endorsed such Ordinance, ~Lr. Bear offered the relieving emergency Ordinance: (~4952) AN .ORDINANCE to prohibit the use and operation of radio devices or other devices for the amplification of sound for advertising purposes and prescrib- ing penalty for the violation thereof. ( For full text of Ordinance see Ordinance Book No. g, page 48 · ) Mr. Bear moved the adoption of the Ordinance. The motion was seconded by Winn, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, Wood, and the President, Mr. Small---5. NAYS: None---O. PENSIONS: The following communication having been received from Letcher- Thompson, a former city employee, with reference to making payment of $3.E4 lmr week to his wife, Serena Thompson, was before Council, together with Resolution prepared by Special City Mans get ~ Attorney, C. E. Hunter, the same having been recommended "Roanoke, Va. Septen.ber 11, 1936. by the "City of Roanoke, Virginia. "Mr. ~. P. Hunt er, City Manager, "Dear Sir: "In reply to your letter of today concerning the payments which are authorized by co~ncil of $5.24 per week I herewith make the statement that it is agreeable to me to have these payments made to my wife, Serena Thompson. Yours (SIGN~I_ } LETCNER THOMPSON. '~it ~_-ss t o mark: R. C. M0~.AY." ~l~ereupon, Mr. Bear offered the following Resolution: (~4953] A RESOLUTION directing the City Auditor to pay Serena Thompson $5.24 267 '268 pet uoo~ rot the benoflt of Letoher Thoz~son. ( For f~].X ~e~ of Roso].u~on see OFd.t.n~neo :];,a~;o 4,9 · ) JAr. Bear moved the adoption of the Resolution. The motion vas 8eoonde~ by .~tr. Wood, and adopted by the following vote: AYES: Messrs. Bear, Povell, Wi~n, Wood, and tho Prosident,.Mr. Small---So NATS: None---O. TAX~: The followin~ 0rdlnanoe having previously been before Council and laid ifor adopt ed by the was again before the body, Mr. Winn offering same: (~4946] AN ORDINANCE imposing a penalty upon persons failing to file a rett~n purposes, of taxation as provided by law, and to repeal Ordinance No. 4420 Council of the City of Roanoke on the 14th day of December, 1934. ( For full text of Ordinance see Ordinance Book No. 9, page 45 . ) ~t~. ~,lnn moved the adoption of the Ordinance. The motion was se~ ed by Bear, and adopted by the follo~ ng vote: AYES: Messrs. Bear, Powell, L'inn, Wood, and the President, ~&r. Sm~ll---5. NAYS: None---0. ORDINANCES: City =ttorney, R. O. Jackson, having been requested to confer ~[th ii the ~udge of the Hustings Court in the preparation of 0rdin-nce providing for misdemeanor cases in order that fines was again before Council. The City Clerk is directed to request the City Attorney to Coumcil,s consideration at its next regular meeting on Friday, resulting therefrom will revert to the City, ~ave same ready for September 25, 1956. ~r S:~%','ER .-~ND SIDEWALK ~~...._ENTS: The City Clerk having been directed to prepare Resolution authorizing the remittance of principal and interest on contmversi~ .Sewer and Si.dewo3.k Assessmen'~s, sub~tted draft of some; ~hereupon I,~. Bear offered ~ (~4954) A RESOLUTION directing end authorizing the City Clerk to remit principa2 an_d interest on certain controversial sewer and side~alX assessments. ( For full taxt of Resolution see Ordinance Book No. 9, page 50 .. } 1~. Bear moved the adoption of the Resolution. The motion, was seconded by .~. Powell, ~ud .adopted by the followBag vote: AYr2;S: Me~srso Bear~ ?o~ell~ ,inn, 'u'ood~ and the President, M~o Sm~ll--5o i NsYS: None---0. , SE~ER AND SIDE~'A?.K ASSESSMENTS: The City Clerk submitted list of controversial Sewer and Sidewalk ~ssessments received from the !. were nO ;sewer and showing by abstract of title that the information Cit~ Clerk's office at the time a~stract~ were mad~ that therei Sidewalk assessments sta~xling agamnst samd propertmes; ~hereupon, Mr. Winn offered the following Resolution authorizing the releasing of principal and !interest on the same: ',; i': (~4955] ~ RE~0LUTION authorizing and directing the City Clerk to release :~rincipal and interest charges on certain controversial sewer and sidewalk assesamen' ( For full text of Resolution see 0rd~nauce Book No. 9, page 50 ). · i 4Lit. Winn moved the adoption of the Resolution. powell, and adopted by t. he followSng vote: The motion was seconded by Mr. -~ES~. Messrs. Bear, Powell, '~inn_, Wood, NAYS: None---0. ,nd the President, ~Lr. Small--5. S ~ MOTIONS ~D MISCELLANEOUS BUSINESS: J~VENXLE AND DC~ESTIC RElaTIONS COURt: A oommmnioation from Fudge Ra~olph G. ~hittle, expressing his thanks and appreciation to Council for the eonfidem~e evidenced by his reappointment as Judge of the Juvenile and Domestic Relations was before Council. The cozamunication is filed. PARES ~dtD PLAYGROUNDS: A oc~munioation from asking that Council acquire the Springwood Park property recently fereclosed Deed of Trust, for park and playground purposes, was before Council. The petition is refer~ed to the Parks and t'laygrounds Committee for report and re c emro endat i on. Court the Roanoke Colored Civic League, und er The City Clerk is directed to acknowledge advise of action take~. In this connection, the prepared option to be signed City is considering purchasing The President, ldr. Small, receipt of the communication and Special Attorney, C. E. Hunter, reported that he had by the Rogers Heirs, owners of Buena Vista, which the for parks and playgrounds purposes. suggested as soon as this question has been cleared up, the Hustings Court should be petitioned to call a referendum for issuance of bohds covering purchase price of the parks in Question. PUBLIC ~"ELFARE: The City Manager brought to the attention of Co,:ncil a request from ;.Jr. Clem D. Johnston for permission to use the room on the second floor in the 01d Post Office Building known as the '"Court Room" for headquarters of the newly organized Community Fund. The question is referred to the City Manager to confer with ~Lr. ~ohnston with a viem of working out a satisfactory solution, the suggestion being that a nominal rental charge be made, perhaps ~10.00 per month, to cover cost of heating, light and vlater. PUBLIC W~ELFARE-BUDGET: The City Manager brought to the attention of Council a request from the City Auditor that an additional appropriation of $2,5~E.77 be nmde to mnergency Relief some time during the year to match State Funds. The City Manager is requested to ~ascertain from the Auditor the authority for the request. LEAGUE OF VIRGINIA MUNICIPALTTYF. S: Mr. Powell reported he had attended the meeting of the League of Virginia ~.~unicipaltties at Winchester on September 14-16, and that .'.-~r. ~'alter ~'. Nood, a member of Council, had been elected as the Fourth ~ice-President, and indication~ are that Roanoke, s City Attorney will be named as a ~embe~ of the Legislative COmmittee. , In this connection, Mr. Bear moved that Mr. Powell subm~_t statement of his for the amount of same, to be ~xpenses for the trip to :.'~inchester, and that the Auditor be directed to draw ~arran~ ,haler City Council for fiscal year beginning y LLr. Nood, and unanimously adopted. PENSIONS: At the suggestiom of ~. Bear, the City charged to Traveling Expenses July 1, 1935. as shown in t he Budget The motion was seconded Clerk is directed to draft bring before Council at its next reg~ar meeting amendment to the Pension )rdinance, reducing the maximum payment from ~150.00 to $100.00 in order that the former Superintendent of Police, ~. L. M_~f_ng, be 150.00 per month pension paid 'educed to ~100.00. D~W.IN QUENT TAXES: ~iled petition in the Mr. C. E. Hunter, Special Attorney, reported that he had Upson tax ~_~_tter for the protection of the City, s interest. 269 270 ~:00 o,olook the Courts po mo, on Friday, Septanber 25, 19~6, for oonferenoe and the Connnonwealth Attorney heretofore dtreoted, with Ju~l~;es of APPROVED President COUNCIL, Fri day, REGULAR MEETING, September 25, 19S6. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Friday, September 25, 1955, at 2:00 o'clock p. m., the early meeting hour being called for the purpose of conference relative to an ~ssistent for the Commonwealth Attorney. PRESET: Messrs. Bear, Powell, ~,inn, ~ood, an~ ~kBSEI~: None .... 0. The President, 4tr. ~mall, presi ding. 0FFIC~S PRES~2~2: Mr. ~. P. Hunter, City Manager. C0~0N~JEALTH ~TTOR~:~EY: At the invitation of Council J. L. Almond, the President, Mr. Small--5. Jr., Judge the Hustings Court, H. S. Birchfield, J~dge of the Civil and Police Court, Randolph. G. ~hittle, Judge of the Juvenile and Domestic Relations Court, and R. S. Smith, Commonwealth ~ttorney, appeared for a discussion of the question of assistance for the Commonwealth ~ttorney. The President, Mr. Small, stated pursuant to petition filed by Council at its last regular meeting it was tt~e consensus of opinion of Council that possibly the best way to handle the situation was to ask those present to sit down and have a free and frank discussion of the question. Phases of the work of the various Courts represented ~ere discussed at length, also ;?hether or not convening of the Police Court at 8:30 o'clock instead of 9:00 o'clock would relieve the conditions complained of; hovJever, it vms stated this would necessitate convening the Juvenile and Domestic Relatiens Court at 7:30 o'clock, v~hich hour appears to be too early to request attendants to appear. Statistical data sho~ing cases handled by the Commonwealth Attorney in the Hustings Court was recited at the meeting by the President of Council, both the Judge of the Hustings Court ~_nd th~ Commonwealth Attorney contending that the necessitates many ~.~iscellaneous duties impossible to ~nclude mn any statistical~ data. It was the consensus of opinion of those present that an earlier convening hoU~ of the i.olice court would not materially facilitate conditions now existing. The question having been fully discussed from many angles, the President 'stated that the question of providing relief ~ou_l_~ be considered at the regular order of business during the afternoon. ~IND~ES: It appearing that a copy of the minutes of the previous meeting 'having been furnished each member of Council, upon motion of ~. ~inn, seconded by ~. Powell, the reading is dispensed with, and the minutes approved as recorded. P~R~NG OF CITIZENS UPON PUBLIC },~TTERS: DOGS: A delegation representing dog o~mers in the City of Roanoke with Mr. :ii Paul S. Johrmon, Attorney, as spokesman, appeared before Council and gresented draft; of Ordinance on the subject for consideration of Council. ( See copy in office of the City Clerk), stating that the proposed draft was the report of a committee appointed at a Special Meeting on Thursday, September 24, 1936, having as its purpose opposition of any Ordinance compelling dogs to be confined to the o~mer~s property. attorney, spoke in opposition to the proposed OrdinanCe Mr. P. H. Dillard, Jr., as drafted for presentation at the meeting as a report of the committee appointed 271. 272 from Oounc il, a copy having passed into Mr. Dillard' s hands by ace ident. Dr. Travis F, Epee also spoke on the subject, explaining that he was chairman of the committee drafting the proposed Ordinamoe, reviewing more or less some of the thoughts expressed by opponents of comfining dogs,and questioned t~elegality ar~ enforcement of such a m~asure. Dr. Thomas E. Payme appeared and asked to be heard on the subject, stating he was a dog lover and a dog owner but differed with the views of proponents of per- l'mitting dogs to run at large and told something of his experience with stray dogs, ~stating three years ago a stray dog came on his property and attacked his three year £ !old child, a girl, necessitating a surgeon taking twenty-two stitches in her face. The President stated that Council expects to have a repor~ and a proposed !Ordinance from the committee appointed for consideration of this question during the !'regular order of business at the meeting, and ~uggested that the 0rdlnanoe be put on ~iits first reading and laid over for a week as provided by Charter, which will be isubject to amendments before final passage ROANOKE '~,ATER COL~ANY: }Ir. Frank Rogers, Attorney for the Roanoke Water Works Company, appeared before Council and read communication from I~r. Vernon F. YJest, President of the Company, copies of same being presented to members of Council, declining the City's l:~roposed plan of arbitration for acquiring the properties and facilities of the Hoanoke Water Works Company, the principal objection being the a. ppointment of three judges as appraisers. { See copy of letter on file in office of the City Clerk ). ~he question Yms discussed rather l~mgthily and upon inq. utry of ~'o Rogor$ if .the ".iater Company's refusal to arbitrate on the basis previously outlined by Council "I think so" the President stated there seems is final, t..~.r. Rogers' an~er beir~, , to be no other alternative for Council except to consider what steps it will take fo~ condemnation, and after further discussion of the Question it was moved that Council recess for a short period. P~TITIONS AND C0t~UNICATIONS: CROSS-OVKRS: A communication from the Standard Constructic~ Company, making application for a l~rmit to construct two cross-overs on the West side of Jefferson Street between Day and E~m Avenues, was before Council. The request is referred to the City Manager for report and recommendation. !~ STREETS: A petition signed by twenty-t~o citizens on West Salem Avenue, asking that they be relieved of dust and dirt caused by the dumping of loose materials on 16th Street North of S~aCem Avenue, was before Council. ', The Question was discussed and the suggestion being made that the territory ~entioned might be treated with oil, the petition is referred tO the City Manager fo~t investigation and to report to Council wha~ he expects to do to correct the condil~o~ complained of. i~ MILK: A ccmmunicatiom from the Roanoke Cooperative Milk Producers' Association, Incorporated, acknowledging receipt of Resolution No. 4945 and asking that the Milk Co_mm~ttee be free to call on the ~ssociation for such information as may be accessibl .Was before Council. The communication is referred to the Milk Committee. !i LEAGUE OF VIRGINIA ~UNICIPALITIES: A co,w, unication from the League of Virginia [l~unicipalities, acP~owledging receipt of communication and Resolution authorizing imembership in the League, was before Council. The ccmmunication is filed. MERCILANT*S LICENSE: A request for transfer of Merohant,s License No. 3460 f~om 0. G. Adkins, trading as Adkins Equipment Company, to L. Do Harmon, trading as Elm Service Station, was before Council, the City Manager recommending that the transfe3 be made. . Mx. Bear moved that Council concur in the recommendatic~ and offered the following ~esolution: of the City Manager, (~4956) A RSSOLUTION issued on the 19th day of Adkias Equipment Company, authorizing transfer of Merchant's License No. 3460, September, 1936, in the name of O. G. Adkins, trading as 609 Franklin Road, to L. D. Harmon, trading as Elm Service Station, 725 Franklin Road. ( For full text of Resolution see Ordinance Book No. 9, page 51 ). Mm. Bear moved the adoption of the Absolution. The motion was seconded by Mr. Wood, and adopted by the following vote: AYES: Messrs. Bear, Powell, 'Jinn, Wood, and the President, Mr. Small --5. NAYS: None .... 0. MF~ICHZNT'S LICA//SE: ~ request for transfer of Merchant,s License No. 3428 frum C. M. Graham, trading as Graham, s Place, to Mrs. Clara ~.. Hodges and R. P. Harris, trading as The Ark, was before Council, the City Manager recommending that the tran.~fer be made. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Hesolutiom: (~4957) A RESOLUTION authorizing transfer of Merchant's License No. 3428, issued on the 9th day of September, 1936, in the name of C. M. Graham, Graham, s Place, 119 East Church ~venue, trading as The Ark. ( For full tex~ of Resolution see Ordinance Book Ng. to LLrs. Clara E. Hodges and R. Mr. Bear moved the adoption of the A'esolution. Wood, and adopted by the following vote: trading as P. Harris, 9, page 52.). The motion was seconded by AYES: Messrs. Bear, Powell, Winn, Wood, and the President, Mr. Small--5. NAYS: None .... 0. i~CHANT'S LIC~ISE: A request for transfer of Merchant,s License No. 3464 from C. E. Danner and L. H. Hudson, trading as Danner and Hudson Service Station, 801 - llth Street, N. ~., to C. E. Danner and L. H. Hudson, trading as Danner and Hudson Service Station, 301- llth street, N. W., was before recommending t_be~ the permit be granted. Council, the City Manager Mr. Bear moved that Council concur in the recommendation of the City Manager, ;' ~nd offered the following Hesolution: '~ (~4958) A RESOLUTION authorizing transfer of Merchant's License No. 3464, issued ~n the 21st day of September, 1936, in the name of C. E. Danner and L. H. Hudson, ~rading as Danner and Hudson Service Station, 801 - llth Street, N. ~., to C. E. ~anner and L. H. Hudson, trading as .Danner and Hudson Service Station, 301 - llth ~treet, N.W. ( For full text of Resolution see Ordinance Book No. 9, page SE_ :___). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Er. Wood, end adopted by the following vote: AYES: Messrs. Bear, Powe11, Winn, Wood, and the President, 1Er. S~1--5. NAYS: None .... 0. MERC 'HANT'S LICENSE: A request for transfer of Merchnat,s License No. 2748 from 273 E. L. Blankenshi]~ and ¢. P. T&rpley, trading as Continental Oil Company, to G. O. Carter, was before Council, the City Manager reemmaen~ing that the transfer be made. Mr. Bear moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: I {~4959) A RESOLUTION authorizing transfer of Merchant's License No. 2?48, issued on the 16th day of July, 1955, in the n-me of E. L. Blankenship and C. P. !:Tarpley, trading as Continental 0il Company, i Mr. Bear moved the adoption of the i- ~.,ood, and adopted by the !: AYRES: ~essrs. Bear, [ NAYS: None .... 0. 301 - llth Street, N. ¥i., to G. 0. Cart 55 }. ( For full text of Resolution see Ordinance Book No. 9, page The motion was seconded by Mr. ~les olut i on. following vote: 1-owell, :iin~, Wood, and the President, I.Lr. Small--5. ~:'-'-~'~' r""'S LICh2~SE: ~ request for transfer of Merchant's License I..;o. 2419 from ~.Virginia Supertreading Company, Incorporated, to H. G. Whitlow, was before Council, 'the City l;~anager recommending that the transfer be made. -MLr. Bear moved that Council concur in the recGmnendation of the City Llanager, and offered the following Resolution: (~4960) A RESOLUTION authorizing transfer of I,;erchant's License No. '2419, issued on the llth day of May, 193.6, in the ~ame of Virginia Supertreading Company, · Inc or peru ted, to H. G. '~hitlow. ( For full text of Resolution see Ordinance Book No. 9, page 54_ ). !~M. Bear moved the adoption of the Hesolution. The motion was seconded by .,cod, and adopted by the following vote: AYeS: Liessrs. Bear, ! ov,~ ll, NAYS: None .... 0. Jinn, Wood, and the President, Mr. Small --5. R~0_TS OF OFFICERS: REd:0RT OF THE CITY i&~N=GER: The City Manager submitted reports of work accom-- plished and expenditures for weeks ending ~ugust 27, September 3, and September 10, 1936. The reports are filed. ~r o ~I:POIh~E~?~S: The City Lianager submitted report showing the promotion of ~Jiiss :Eleanor Henebry, Case '.'orker in the Delmr~ment of Public i~elfare, to Child i'~elfare Case ,orker, and the appointment of Mrs. Julia M. Leftwich as Case Worker. The report is filed. ~TRE~T LIGHTS: The City Manager submitted report a~d recommended the tnstalla- ;tion of one 100 ¢..P. gtreet Light at the intersection of Rosalind Avenue and Street, South Ro_~noke. [: M~'. ~ood moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~49611 A RESOLUTION to install a street light at the intersection of Rosalind '~Avenue and ?th Street, South Roanoke. ( For full text of Resolution see Ordinance Book No. 9, page 54, .). ?~ Mr. WoOd moved the adoption of the Resolution. The motion was seconded by Mr. ~owell, and adopted by the following vote: AYES: Messrs. Bear, Powell, 'dinn, ~'ood, and the President, Mr. Small--5.' 1 ,~ NAYS: No~e .... 0. · ition in cormection with request from Ho G. Whitlow for pemi~ston to erect t~o flood !light poles for lighting filling station at the intersection of Franklin Road and FIL~.ING STA~IONS: The City Ma_nager submitted the following report and reco_mmend~ ]~e~ldon Aventle. The rgport Res olut ion damages ' t o flood ( See copy on file in office of City Clerk}. is referred to ,Mr. C. E. Hunter, City Attorney, for preparation ~ indemnifying and saving harmless the City of Roanoke from all claims for persons or property by reason of the oonstruotion and maintenance of said light poles. COMMISSIONER OF REVENUE: Report from the Commissioner of Revenue showing summary of license for the month of August, 1936, was before Council, the smoun~t of collections for the calendar same period last year. The report The President, Mr. Small, brought Manager a verbal report $170 , 901. 30 for the CITY PHYSICIAN: ia to that year to date being $189,547.22 as compared with filed. the attention of the City a woman fainted in the Relief Center Building last Tuesday o ;,ednesday, and that the City Physician even though in the building at thei time and called upon to render first aid, declined to do so, and asked that the Cltyl invest igate the matter and report his findings for the Manager be requested to information of Council. R~0RTS OF C (25,~TTEES: SEWERS: The committee appointed from Council. to formulate conditions and re- quirements to be met by the Williamson Road Sanitary Sewer District submitted the following report and conditions in order that it may connect its Sewer system with that of the City of Roanoke: "Roanoke, Virginia, September 24, 1936. "To the Mayor and Members of the Council, Roanoke - Virginia. "Gentlemen: · "Your cqmmittee, duly appointed to formulate conditions and requirements to bE performed and agreed upon by the ;,illiamson Road San~.'tary District her.ore a definite contract or agreement is entered into for and mn behalf of the City of Roanoke, Virginia, respectfully submits these conditions and requirements hereto at tached. ~It is the opinion of your commlttee that the representatives of the Williamson. Road Sanitary Sewer District be furnished withda copy of these conditions and re- quirements immediately, and as soon as the ssi Williamson Road Sanitary Sewer District is in a position to present a topographical map, together with detailed maps .and drawings of the plans of construction, then the City of Roanoke, Virginia, v:ill be in a position to go into a definite and detailed contract with the said Sewer District. "Your.committee, therefore, is enclosing a list of the conditions and re- quirements to be met by the said Wtlliamson Road Sanitary Sewer District, which said conditions and requirements will be embraced in the contract and agreement with the said Williem~on Road Sanitary Sewer District. Respe c.~fully submitted, ( Signed ) W~I ter ~. Nood, ~ames A. Bear, ~'. P. Hunt er, C. L. Watkins, C. E. Hunter." "CONDITIONS AND REQUI~S TO BE PERFORMED AND AGREED UPON BY VILLIAMSON ROAD SANITARY SE¥~ER BI'STRICT IN ORDER' THAT'IT MAY CONSTRUCT ITS SEYmOuR SYSTEM WITH TItAT OF THE CITY OF ROANOKM - "(1~ The costs of construction, restoration and maintenance, except as herein tcally provided for, shall be borne exclusively by the Williamson Road y District and said district shall agree and bind itself to indemnify and harmless the City of Roanoke from any end all claims arising from the work to be done by said district in said city.. "(2~ The installation of the proposed trunk line from the Norfolk & Nestern right-of-way at the intersection of Patton Avenue, N. E., to a point g with said district,s proposed trunk line at the northern corporate limits! the said city sha~ be in accordance with approved pla~, specifications and Said trunk line shall be a. Bl-inch No. 1 terra cotta sewer with a mintm,~, ~f 0.~0 of 1 percent. Ail existing laterals are to be reco~mected with the~ new line. Streets are to be restored to as good condition as now exists. said trunk line, when constructed, shall become 'the property of said city and thereafter be maintained by said city. 275 276 "(~} 8aid district shall construct an 18-inch storm drain from Seventh 3treat, ~. E. between Rutherford and ~'alker Avenues to Harrison Avenue at the intersection of the western boundary line of the Roanoke Gas Light Coml~ny's property. "(4) There shall be constructed a sewerage disposal plant outside of the corporate limits of said city; and setd disposal plant, trunk line sewer and storm drain ere to be constructed and reedy for operation before any sewage from the area to be served by the sa~d district is turned into the city's sewer system. '{5) Before any agreement shall become effective between said district and city the Board of ~uparvisors of Roanoke County shell, by proper action, prevent roof water from any structure and any surface water from entering the sanitary sewer line of said district and flowing into the city's sewer system. "(6) Specifications for the construction of said distriot,s sewer system shall ~contain a clause limiting infiltration to a maximum of 10,000 gallons per mile of sewer per day. "(?) Before said agreement shall become effective between said district and said city, the Board of ~upe~viaors of said co;mty shall provide that all wash ~pits and floor drains shall be so trapped as to keep mud and other foreign matter from the sewer lines of said district. "(8) Rights-of-way through private property for sewer lines of said district ishall be perpetual and instruments providing therefor shall be of record in the clerk's office of the Circuit Court of Roanoke County, Virginia. '(9) ~aid district shall agree and bind itself to operate and adequately maintain the said dispmsal plant at all times, and in the event of its failure so to do, the said city shall have the right to block said trunk line to prevent sewage from said district's system from entering said city's sewer system, and for the protection of the health of the residents of said city it shall be agreed that said city shall be the sole judge as to its said right under this paragraph. "(10) Said district's sewer system, including said disposal plant, must be a!boroved by the State Board .of Health., and the city. shall be furnished with writte~ evidence of such approval and a certxficate from samd board that ~aid disposal plant'l will prevent any additional pollution in said city's sewe~ system and the said disposal plant can be convem~ently enlarged to meet fUture demands and thereby avoid addin~ pollution in said city's sewer system. "(11) The construction and restoration within said city shall be done under the supervision of said city and in a manner acceptable to it. "(12~ It is to be understood and agreed that this project is to be constructed subject to Federal or State engineering suparvision and approval. ~ In this co~pection, Mr. Bear asked that a paragraph be included requiring that :the ,illiamson Road Sewer be constructed under the supervision of the City's Engineers, but after a further discussion of the question Section 12 of the report as quoted above was added, it being the consensus of opinion that this would protect the City's interest. On motion of Mr. WiBn, seconded by ldr. Bear, the report of the committee is accepted and the City Clerk is directed to f~rward copies of same to the State Board of Health, J. E. Palmer, attorney, Moss A. Plunkett, attorney, Chairman of the Board of ~upervisors of Roanoke County, L~ayor of the Town of Vinton, and the State P~A Aduninistrator~ DOGS: ..hbr. Powell, ohairman of the Dog Committee, Drc:2~ared by his committee and stated that a diligent and earnest submitted draft of Ordinance study of the questi~ had been made of the existing conditions in Roauoke and Ordinances in effect in othe~. cities throughout the Country, many Ordinsnces being more strlngent tbeB the one prepared by his committee, and of£e2ed the $ollow~g Ordinance for its first rea~Ltng in order that the public may be informed what is proposed by Council before final passage of same: ~ (~962~ AN 0RDIN~NCE to provide for the regulation and keeping of dogs, to ~; prevent their running at large, to control the s~read of rabies, and prescribing ~, penalty for the violation thereof. BE IT CRD-AINED by the C~uncil of the City of Roanoke as follows: Section 1. DOGS NOT AIJ.0Wb.~D -~T LARGE UNLESS LEAD BY LEASH, MUZZJ~ED OR IN PERSONAL P~ES~GE OF 01'~IIER OR ~EEPER:- i No person shall cause or permit any dog owned Or kept by him to run at large i'. on any street, alley or othe~ public place, nor in any public hall, restaur_~t, ice-cream parlor, soft drink parlor, office, or store during the time that said ~lace is open two or mere families within the securely held by a leash, chain, such dog, or unless such d~g is any person, dog or other animal, for public business, nor in the hallway of any building occupied by City of Roanoke at any time, unless such dog is rope or s e cur ely or in except no dog shall be permitted to run at presence of the o~tner or keeper in the murket building or on the market square. Jection 2. DOGe TO BE IMPOUNDED:- It shall be the duty of the game warden or other means, by the person owning or keepin muzzled so as to prevent him from biting the personal presence of the owner or keeper, large either muzzled or in the personal any police officer to seize and impound any and every dog found running at large in the City in violation of Section 1 of this Ordinance, or of any other provisions of this Ordinance, or of any state law relating to dogs; provided, that it shall not be. lawful to seize any dog belonging to any person not e resident of the City, while such dog is attached to a vehicle o~ the owner, lead by a leash, or is in his personel presence. Section 3. HARBORING OR KEEPING BARKING OR HOWLING DOGS:- The harboring or keep- lng of any dog which, by loud, frequent Or habitual barking, yelping or hov~ling, shall cause annoyance and disturb the peace and quiet of any person or neighborhood, shall:i !:e considered as a violation of this Ordinance, nd any such dog may, after due notice has been own, be impounded and confined in .the City Dog Pound by the game warden or any ~olice officer, and the owner or keeper liable to a fine as provided for in Section 8 of this ~rdinance. and is hereby declared to be a nuisamce, given to the owner or keeper, if Section 4. ~NATION OF DOGS ~CH PLkVE BITT~ PERSONS OR ~..~ ~IMALS:- The Health Officer of the City of Roanoke is hereby ex2~ressly authorized and empowered, under eules amd regulations to be established by him, to cause to have killed all dogs mown, or reasonably suspected to be infected with rabies, and in the event of doubt ~s to such infection, may cause the dog to be isolated for such period as the Health ~fficer may prescribe. Section ~. RULES GOVERI~U~NG ~HE KILLING, TREAtmENT OR ISOLATION OF DOGS INFECTED WITH RABIES:- The Health Officer of the City of Roanoke is hereby ~uthorized and directed to adopt and promulgate rules and regulations governing the ~ill~ng, treatment or isolation of dogs infected or suspected of being infected with' ;abies and may promulgate such additional rules ami regulations as may be necessary ~.n the judgment of the Health Officer to effectually carry out the provisions of this ~r~ nance. Section ~. ~0RTING KNOWLEDGE OF RABIES TO HEALTH OFFICER:- It shall be the ~uty of every ve~erinanian or any other person who treats or has knowledge of amy dog ~r other similar animal knowm or su$_pected of having rabies, to report such fact ~mmediately to the Health Officer, giving, if known, the name and address of the ~wner or keeper harboring such animal and the place where the animal may be found. ind luch animal shall be immediately ~mpounded .an make or cause to be made an_ examination of such dog or animal, and if found to ~ave rabies, the said dog or animal shall be dealt with as heretofore provided for. Section 7. R~BIES PROVISIONS APPLICABLE TO CATS AND OTHER SUSCEPTIBLE ANIMALS: ~e provisions of this Ordinance so far as it relates to rabies shall apply to cats other animals susceptible to rabies. Section 8. PENALTY:- Any person convicted of the violation of any provision of and securely kept until the Health 0fit cer! ~his Ordinance shall be fined not less than $5.00 nor more than $100.00. of this All Ordinances and parts of Ordinances in conflict with the provisions 277 278 are hereby repealed. Mr. Powell moved the placing of the Ordinance on its first reading. The motion was seconded by Mr. Winn, and adopted by the following vote: AYES: Messrs. Bear, Powell, 'lima, ~'ood, am~ the President, Mr. Small--5. NAYS: None ---0. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDEP~ITION OF ORDINANCES AND RESOLUTIONS: REFUNDS raND B~RATES: Request for refund of amounts paid the Delinquent Tax Department by C. T. Deering, $4.62, W. A. Ingram, ~10.22, T. L. Nininger, $35.00, Dr. J. ',. Simemmn, $50.00, L. C. Huff, 540.00, was before Council. The City Clerk is directed to ~scertain if the taxpayers in question have any L.,,npaid taxes standing against tl~ir names, and bring proper Resolutions before Counc il at its next regular meet lng. PENSIOHS: The question of amending Section 5 of an Ordinance lo l~ovide for ..pensions for members of the i-olice and Fire Departments for the City of Roanoke :providing for a maximum payment of $100.00 per month instead of $150.00 per month, having previously been before Council, idr. Bear offered the following Ordinance fc~ its first reading: (F4963) AN ORD~CE to ~mend and ~eenact Section 5 of an Ordinance adopted by the council of the city of Rosnoke on the 14th day of March, 1930, No. 3651, entitled, ~"An ~rdinance to amend ~ection 5 of an Ordinance adopted by the Council of t~ City icl Hoanoke on the 30th day of ~ugust, 1926, No. 1979, entitled, 'An Ordinance to provide for pensions ~'or msmbers o~ the Police and Fire Departments of the City of Roanoke, under certain regulations.'" BE IT 0RDA~JED by the Council of the City of Roauoke that Section 5 of an ordinance adopted by the Council of the City of Roanoke on the 14th day of March 1950, i;o. 3651, entitled, "An Ordinance to amend Oection 5 of an Ordinance adopted :.by the Council of the City of Roanoke on the 30th day of .-,.ugust, 1926, Ho. 1~79, !entitled, 'An Ordinance to provide for pmsions for mmbers of the Police and Fire Departments of the City of Roanoke, under certain regulations,* "be, anti. the same ils hereby amended and reenacted so as to read as follows: ~ SEC~ION_ 5: That every person placed on the "pension list" as l~ovided ~or in '~ection 1, of this 0rdhmnce shall be entitled to receive an snnual pension equal :to t'~,o percent of his average annu~! compensation computed for five years last past, ~uitiplied by the number of years _such person has been in service, so long as he sha~l ~.rem-~-in on the "pension list" herein provided for, the amount thereof to be paid him 'in equal monthly installaments, pro'irided, ho,never, ttmt no pension shall be less ithan ¢20o00 per month, nor more than .~100o00 per month. Upon the death of a member of the Police or Fire Department, either active or 'retired, the ~idow of such member shall receive an annual pension equal to one-half of.the amount of the pension the member received, or would have received, so long ~as she remains his midow, Provided, ho~ever, that this provision shall not apply 'to wido~s of deceased pensioners who were mm~ried al~er having been plaoed upon ithe "pension list." ~ The provisions of this section shall apply to the widows of deceased members ilof the Police and Fire l~partments whose death occurred s:Bace January l, 1030. . The Ordinance is laid over, and the City Attorney directed to render opinion as t o legality. GOMM0~A!.TH ATTORNEY: The Questic~ of providing assistance for the Commonweal1 Attorney having been discussed earlier in the meeting and further consideration the President, ~tr. Small, offered the order of business, its first reading: delayed for the regular folio%lng Ordinance for (~4964) AN ORDIi~ANCE providing for Special Assistant, attached to the office of the Attorney for the Commonwealth for the City of Roanoke. the charter of the City of Roanoke was amended by the General Assembly of Virginia, at its 1932 session, by adding dection 17-a, requiring the Attorney forI the Com_monwealth of said city to prosecute the violations of all City Ordinances, both in the Civil and Police Justice Court and upon appeal; and i;HEP~, the duties of said Attorney for the Commonwealth are represented by him to be so burdensome that further assistance has been requested in er der that said duties may be efficiently and effectively performed, now therefore, BE IT ORDAINED by the Council of the City of Roanoke as follows: There is hereby created the post of Special Assistant, attached to the office of the ,~ttorney for the Commonwealth for the City of Roanoke. (2~ The person chosen to such post shall be a duly licensed attorney at law, residing in the City of Roanoke, appointed by the Council, subject to approval of the Commonwealth Attorney, and shall hold office during the will of Council. (3) Said Special Assistant shall aid in the prosecution of violations of all City Ordinances, aid in the investigation of criminal offenses and perform such other duties as may be properly required of him by said ~ttorney for the Commonwealth in the conduct of his office. (41 The City's share of the compensation to such Special Assistant shall not exceed ~100.00 per month. The Ordinance was discussed, ~Zr. Bear raising the question as to whether or not the appointment should be made by Council with the approval of the Commonwealth Attorney, it being his opinion the appoint:m~nt should be made by the Commonwealth Attorney subject to the approval of Council. On further discussion of the question, L~r. Powell seconded the motion of .Mr. Stall that the Ordinance be placed on its first read,n! subject to amendment when 'same comes before Council for final passage was adopted by the following vote: AYES: Messrs. Bear, Powell, ;/inn, ~ood, and the President, Mr. Small--5. NAYS: None .... 0. MOTIONS AND ~[ISCELLAi~0US BUSI~.SS: STREETS: The City Manager brought before Council communication and sketch sho~&ng conditions existing on First Street North of Franklin Road, heretofore before Council, it being the consensus of opinion that a ten foot strip of land at its next regular meeting. The motion the best side of First S~reet at the intersection of Franklin Road and First Street would greatly relieve traffic conditions amd the situation generally. The Question is referred to the City Manager for investigation with a view of reaching some agreement with the present property ov~ers for acquiring the ten ~oot strip necessary, and to report to Council. 279 28O STRF~TS: The City Manager brought before Council a oonnnunioation from Mr. John H. Nindel, offering to sell to the City Eastern part of lot at the intersection of 24th Street, Maryland Avenue and Staunton Avenue, City to construct sidewalk and curb and gutter. N. W., at a price of $159.58, the The questic~ is referred to the City M-~ager with authority to offer for the property in question. SIDEWALK CON~£RUCTION: The City Manager brought before Cotmeil communication ,-from the Home Owners' Loan Corporation, consenting to sb~ing in e~pense of con- £ [~struction of sidewalk and curb and gutter for properties owned in the City of Roano~ if tendered bill for same. The City Clerk is directed to prepare necessary bills for properties in ~[uestio ~and forv~ard same to the pxoper authorities. COMPLAINTS: ~ commuz~tcation from Jack R. Younger complaining of speeding automobiles, trucks and busses on Avenham Avenue, South Roanoke, vas before Council, thus endangering the lives of school children attending the Crystal Spring School. The City Ma_nager is directed to erect school signs and to continue his campaign -against speeding motorists and to report to Council number of arrests and conviction. segregated, for speeding. ROA~iOKZ WAT£R LORKS COI,.~ANY: The President, LLr. Small, brought before Council cc~munication from the Roanoke ~;ater Works Company, previously presented during the meeting by its attorney, i,M. Frank Rogers, stating that the terms of arbitration as proposed by Council were not acceptible to the Water Company and that it ap. peared Council has exhausted its efforts to dispose of the question by arbitration. !,M. Wood stated in view o~ the Water Company's reIk, sal to accept bona fide offers or proposals of Council for arbitration, moved that the City attorney, C. E. Hunter, be authorized and directed to take necessary steps for the calling of a special election at the earliest possible moment for the procurement of the Water Compauy, s properties by condemnation proceedings, that he be directed to bring in special Ordinance for consideration of Council at its next regular meeting October End, providing for referendum on the Question as provided by law. was seconded by ~dr. Winn, a~d adopted by the following vote: on Friday The motio~ AY~_~: Messrs. Bear, Powell, Winn, Wood, and the President, I&r. Small --5. NAYS: None ..... 0. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Friday, October Z, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, the regular meeting hour. ~iday, October 2, 1936, at 3:00 o'clock p. m., PRESENT: Messrs. Bear, Powell, Winn, ~1ood, and the President, Mr. Small--5. ABSENT: None .... 0. The President, .'.M. Small, presiding. OFFICFJIB PP~S'~T: I~. ,,. P. Hunter, City M. anager. '~IIHUTES: It appearing that a copy of the minutes of the previous meeting havingl been furnished each member of Council, upon motion of !~. Powell, seconded by ~.~. ~'inn, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC I.~ATTERS: DOGS: An Ordinance to provide for the regulation and keeping of dogs, to prevent their running at large, to control the spread of rabies, and prescribing peualty for violation thereof, lmving been introduced at t~ previous meeting of Council andi delegation~ both appmvir~ and opposing the proposed Ord~mnce as introduced apl:~arin~ before Council, the President, l~lr. Sn~.__ll, stated the discussions would be limited to fifteen minutes on each side of the question, after which Council would probably have some suggestions to make in an effort to do justice ~nd fairness to all concerned. Mr. Alonzo Blankenship spoke briefly in favor of the Ordinance as introduced, az did Dr. T. E. Payne and also a number of ladies attending the meeting expressed their approval of the Ord!~auce in order that dogs might not be permitted to run at large. Mr. Paul S. Johnson, ~ttorney, and spokesman for the opposition, appeared and presented recommendations adopted by his committee, and asked that Council amend the~ ' Ordinance accordingly. Dr. T. F. Epes and ;,Lt. J. T. Engleby, Ordinance as introduced. Jr., also spoke in opposition to the The President, .Mr. Small, stated in considering the question Council was pro- posing to amend the Ordinance to require compulsory vacination against rabies, to be administered through a regularly established municipal clintic; that the City increase the dog tax fifty cents to provide for the operation of the clinic; that a minimum 30-day ~uarantine be made effective once every calendar year- by order of the City Manager to permit a round-up and disposal of stray and unlicensed dogs; that no dog be permitted to run at large between the hours of 7 p. m., and 7 a. m.; that the harboring or keeping of destructive dogs which by its action shall destroy, damage or otherwise injure property, real or personal of amy person, or maim, disfigure or injure any person, shall be considered a violation of the Ordinance. The point of proposed changes in the Ordinance were discussed pro and con, the main controversy being the hours of confinement of dogs, Dr. Payne raising the tquestion that the biting of children by dogs usuall~ occured during daylight hours. It was the consensus of opinion that the proposed amendments ~ere a step in the · t direction, the President, Mr. Small, stating that any Ordinance adopted at this was more or less an experient, and if after a period of one year it was foun~ the problem had not been solved the Ordinance would be subject to amendments. 281 282 CROSS-OYh~tS: Mr. Murray ~oster, Attorney, appeared before Council in the interest of cross-overs to accommodate property on the '~est side of Jefferson Btreel between Day and ~lm Avenues, previously referred to the City Manager for report and recommendation, Mr. Foster stating it was imperative that be constructed to accommodate the property which would be The question is given further consideration in the re/~lar for report of officers. two thirty foot oross-ove~ used as a filling s~ation order of busine ss PETITIONS .G[D COMMUNICATIOI~: R0,'~,,~0K:,.: G.~S LIGHT C0t~P,'d~Y: application from the Roanoke permit to open 18th Street from salem .',venue to 2'est Avenue, Gas Light Company for :';est on ~est Avenue to 19th Street, and 4 inch gas main, was before Co;;_n_cil, be granted. North on 19th Street to Salem Avenue, for purpose of laying a the City Manager recommending that tM permit Iff. Winn moved that Council concur in the recommendation of the City Manager, and o~fered the following Hesolution: (~4965) ~ RESOLb~£ION granting a permit to the Roanoke Gas Light Company to install a gas main in l@th Street S. W. ( For full text of Resolution see ordinance Book No. 9, page ~. 56~). Mr. ,inn moved the adoption of the Resolution. Powell, and adopted by the following vote: The motion was seconded by L'Lr. ii' AYES: Messrs. Bear, Powell, ;iinn, ',iood, and the President, Mr. Small--5. NAYS: None ---0. STREETS: The City ~'Sanager having been requested to .offer ;~.Lr. John H. iitndel ~125.00 for property at the intersection of 24th street, Maryl_-nd Avenue and Staunton ' ~venue, N. W., for street widening purposes, submitted communication from Mr. i'iindell offering to the City the property in question at a price of $.132.20. On motion of i.~. Bear, seconded by Mr. Winn, the proposal of !~o Wtndel is rejected and the City i..i_~._nager is authorized to advise Mr. Uindel that the $125.00 previously offered is still open subject to his acceptance AID~PORT: A co~unicat ion from LLr.' b'. Clayton Lamon and '..ir. Frank C. Re,molds, operators of the i.4unicipal =irport, suggesting that they be paid for the cost of erection of hangar at the ~Irport, plus six percent interest less a depreciation of f two and one-half percent, and that the note held by the City ~mounting to. $1,995.00 ~. be returned to them without payment, was before Council. On motion of idr. './inn, seconded by l.~. Wood,the communication is referred to ,,irport Committee for investigation, report and recommendation to Council for fir~l i!', disposition of the ~irport probl~n. IhWITATIONS: A communication from the United State Conference of Mayors, extend lng to the Council of the City of Roanoke invitation to attend the annual conference of L[ayors to be held in Washington, D. C., on November 16-18, was before Council. The cow~unication is filed. SE~RS: A communication from Mr. Sheridan P. Gorman, Acting State Director of !!the Federal ~Umergency ~Oministration of Public Works, acknowledging receipt of il conditions and requirements to be performed and agreed upon by the 7filli ams on Road ~.SanStary District in order that a ~r~oposed sewer might be coBgected with the sewer ,~.system of the City of Roanoke, was before Council; also letter from-'Mr. ~loss A. ; · :Plunkett, Attorney, approving of the action taken, was before Council. Mr. Bear raised the question if the Board of Supervisors have any regulations for supervising the sen'er during time of construction, and when connections are ~mde by the property owners, suggesting that this lowing the conneotion to the City,s system, matter should be gone into before al- After a discussion of the question it was suggested by the President, Mr. Small, that k'r, Bear bring before Council supplementary stipulati©ms for fu~rther consideration of Council. The communications are filed. SCHOOL BOARD: Mr. J. S. McDonald, Clerk of the ~chool Board, presented to membe'rs of Council report of receipts and disbursements for the month of August, 1935, together with communication showing surplus of the School Fund as of June 30, 1956, amounting to ~7,988.95, with an editorial comment and suggestion for expending the surplus reported. The communication is carried over for further c~na[deration. ~LERCHANT,S LICENSE: A request for transfer of Merchant,s License No. 3491, iss~ed in the nsme of the Zuality Store, 18 East Campbell Avenue, to Harris Dental Company, Incorporated, Medical Arts Building, was before Council, the City L~,anager recommending that the transfer be made. ~:':r. Bear moved that Council concur in the recon~endation of the City Lanager,' and offered the following Resolution: (~4966) A RESOLD~ION authorizing transfer of D. erchant,s License No. 3491, issue~ ion the 1st day of October, 1936, in the name of !.:~. Kaufman, trading as ~uality Store~ Ire Harris Dental Company, incorporated. (For full text of Resolution see Ordinance Book No. 9, page 56 .) Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~Lr. l:'inn, and adopted by the follovdng vote: AY~ZS: Messrs. Bear, Powell, Winn, ¥;ood, and the President, Mr. Small---5. NAYS: None---O. C0,'~'JPE:~ATION BOARD: Communications from the Comp~msation Board announcing the meeting of the Board on the 13th day of October, 1936, at 10~00 o'clock a. m., st ~: ~ichmond, Virgin.ia, fro" the pu.~pose of fixing the salary ard expermes of the Attorney ~or the Commonwealth of the City of /~oanoke for calendar year beginning January 1, .(93?, for the Commissioner of Revenue on the l~th day of October, and the Treasm"er n the 15th day of October, were before Council. The City Clerk is directed to prepare joint agreements for consideration of ~' ~ouncil at its next regular meeting. ' REPOBTS OF 0FFICERS: t PARKS: Mr. C. E. Hunter, City %ttorney, submitted option signed by heirs of lheRogers Estate for the sale of Buena Vista ~27,852.00, to the City at price of ;he said option to expire on November 15, 1936. The option was discussed somewhat at length, it being the consensus of opinion hat the expiration date of November 10, 19~6, would not allow sufficient time for he calling of a referendum on the question of !ssui~ bonds for the purchase of this i! roperty, the Raleigh Court property and the Springwood Park property for parks and laygrounds purposes, previously discussed ~d tentatively agreed upon. The option is ordered filed with other papers on the parks p~jects, it being nderstood that Council proposes at the proper time to ask for an election on urchasing the park properties in question, as the option is not of a sufficien~ uration to permit the calling of an election by the time specified in said option. CITY TREASURER: A report from C. R. Kennett, City Treasurer, for the month of ,.~ ~eptember, 1936, was before Council, showing collections for the month of $28,642.05, ~he said amount being $351.56 more then the collections f(~ the same month of 1935. 283 :284 The report is filed. In this oonneotion, with the oonsent of Council, the Yresident, I~ro Small, directed the Gity Clerk to r~quest the City Treasurer to submit report showing ano,m of 1934 delinquent real estate and personal property taxes, separately, uncollected as of October 1, 1936, and the same informaticax as of Ootober 1, 19S5, for 1933 delinquent taxes. COM~SSIONER OF REVENUE: The City Clerk is directed to reqAest for the benefit of Council statement from the Commissioner of Revenue showing number of unpaid or ~.delinQuent licenses for the year 1955. REPORT OF THE CITY MANAGe: The City Manager submitted report of work accomplisl 'ed an~ expenditures for week ending Septenber 17, 1936, showing cos~ of garbage 'ren~val as sixty cents. The report is filed. ' D~:,'~RT.,,~_E_h~: The City Manager submitted report from the Police Departmentll and ~'oliee Court £or the mongh of ..,.ugu~t, 10~6. ?he re~r~ is fil~cl. In this connection the l'resident, Idr. Small, made inquiry as to th~ method followed in issuing summonses for traffic violations and suggested that a triplicate form might appropriately be adopted in Roanoke similar to that now used in Chicago, one copy of the ticket being given to the motorist, the second copy sent on to the Court, and the third, copy to the City =uditor to make report either monthly or quarterly, showing disposition made of the cases involved. The question is held in abeyance for further consideration at some future date. TP~FIC-FOLIC£ DEiA:~i',J.~'~: The City hanager submitted report sho¥~ing persons tried in lolice Court for violating the City Traffic Ordinance under Sections Two and 'i:hree (Speeding) for period from oeptember 15th to the 30th inclusive, 12~ cases tried, 87 convictions, The re~ort is filed. 21 continuances, 11 dismissals, and 4 not STBEET LIGHTS: The City Lanager reconnnended the installation of one 250 C. P. street light at the intersection of Broadv~ay and Franklin .~venue, South Roanoke. ldr. ~owell moved eP pear~ng'I 'i' that Counc~_l concur in the reconnaendation of the City kianager, and offered the following Resolution: (~4967) ~ i~ESOLUTION to install a street light at the intersection of Broadway and Franklin _~.venue, S. Roanoke. ( For full text of Resolution see Ordinance Book No. 9, page 57 ). I¢~. lowell moved the adoption of the iqesolution. The motion was seconded by ~Lr. ,ood, and adopted by the following vote: AYES: Messrs. Bear, lowell, Winn, Wood, and the ~'resident, i.2r. Small--5. NAYS: None ...... 0. J.~,'S~a~- Report from the ~lmshouse for the month of September, expenses of ~753.72, was before Council. The report is filed. 1936, showing CROSS-O~A~S: The City Manager submitted the following report with reference to application of the Standard Construction Company fc~ cross-overs to accommodate property on the ','.est side of Jefferson Street between Day and ~ Avenues: "Regarding the application from the Standard Construction Company f~ a t~rmit to construct two cross-overs into lot to be used ss a filling station on the West side of Jefferson Street between Day Avenue and Elm Avenue. It is my recommendation that the Standard Construction Company be granted a permit for two 50 foot cross-overs as shown on attached sketch." -Mr. Wood moved that Council concur in the recomm~-ndation of the City Manager, and offered the following Resolution: (~4958~ A RESOLUTION granting a permit to the Standard Construction Company, i Incorporated, to construct two cross-overs to ecommodate filling station on the West side of'Jefferson Street between Day and Elm Avenues, ( For full text of Resolution see Ordinance Book No. 9, page-----57 ). Wood moved the adoption of the Resolution. The motion was seconded by Mr. Winn, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, ~'ood, and the President, Mr. Smell--5. NAYS: None .... O. STREET TMPROVJZ[ENT: The City Manager submitted the following report with reference to improvement in the vicinity of Salem Avenue ami 16th Street, S. U., as petitioned by property owners in that vicLnity: "Regarding the petition from property owners in the vicinity of Salem Avenue and 16th Street, S. W., asking that 16th Street, North of Salon Avenue be improved. It is my recommendation that 16th Street be graded to an established grade North of Salem Avenue for a distance of 150 feet, and surfaced with stone and 0C-5 Asphalt." On motion, d~ly seconded end unanimously adopted, the City Ma~_-ger is directed to proceed with l~is recommendation and the City Clerk is directed to advise the first signer of the petition action taken by Council. REAL ESTATE-SPECIAL POLICE OFFICERS: The City Manager brought before Council a request from the Real Estate Board for Special Police Officer to watch vacant real estate. The request is held in abey,nce for possible consideration at some future date. REPORTS OF C0h~,~TTEES: TRAFFIC: The Traffic Committee reported the Traffic Code had been submitted to the printers and that the proofs are expected for presentation to Council at its next regular meeting. UNFINI ~HED BUS INESS: None. CONSIDERATION OF CLAI~gS: None. INTROEUGTION ~ND ODNSIDERATION OF ORDINAl,ICES AND RESOLL~IONS: PENS~0NS: The City Attorney submAtted written opinion ~ith reference to _sm_ending Ordinance providi_ng for pensions for m~mbers of the Police and Fire Depart-~ ments of the City of Roanoke, (See copy of opinion on file in office of the City Clerk) stating there are conflicting views as to ~hether or not such Ordinances, 'might be ,mended, but. that in his opinion the Ordinance in question could be amended; ~hereupon, i~".~c. Bear offered Ordinance No. 4963, previously before Council, for its second reading: (~4963~ AN ORDINANCE to amend and reenact Section 5 of an Ordinance adopted by the Council of the City of Roanoke on the lath day of March, 1930, No. 3651, entitle?, "'3~ Ordinance to amend Section 0 of ~n Ordirmnce adopted by the Council of the City ~i 'An Ordinance to of ~oanoke on the 30th day of August, 1926, No. 1979, entitled, ilprovide for pensions for members of the Police and Fire Departments of the City of [Roanoke, under certain regulations.'" ( For full text of 0rdinence see Ordinance Book No. 9, page 55). Mr. Bear moved the adoption of the 0rd~n~nce The motion was seconded by ' :.~r. i/inn, and adopted by the following vote: AYES: Messrs. Bear, Powell, .'iinn, Wood, and the President, l. Lr. S~]I --5. NAYS: None .... 0. COE~0~U,~M,TH'S ATTORNEY: Ordinance No. 4964 providing for Special Assistant attached to the office of the ~ttorney for the Commonwealth for the City of Roanoke having been previously introduced ami laid over, was again before Council, I~. Powell 285 286 offer~n~ same for its second reading, which motion was seconded by ltr o Wood° In this connection a ccnnnun~cation from Mr. R. S. 3m~th, Co~nwea~th's askin~ that be permitted to choose his own ~ssistant, was before Council. The question was d~cussed, Mr. ginn movin~ that Section be ,_mended, and offered the followin~: ~Bear, the Ordinance be amended in order that the Commonwealth,s Attorney may (2) of the Ordinance "The person chosen to such post shell be a du~y licensed Attorney-At-Law resid~n~ in the City of Roanoke. The Co~onwealth's Attorney of said City shall nominate and by and with advice and consent of the Council shall appoint such 5pecia~ Assistant Commonwealth's Attorney who shall hold office durin~ the 411 of CouncL~." Mr. Winn moved the adoption of the amendment. The motion was seconded by mhd adopted by the following vote: AIRES: Messrs. Bear, Powell, '~inn, Wood, and the President, Mr. Small--5. NAYS: None ---0. M~'. Powell moved that the Ordinance be amended by adding an .additional and offered the following: (5) "This ordinance shall terminate December 31, 1937." Mr. Powell moved the adoption of the amendment. Mr. Wood, and adopted by the following vote: AY~S: Messrs. Bear, ~owell, Win. n, Wood, and the President, ~'~. Small--5. Section, The mot ion was seconded by NAYS: None ---0. ..~Lr. Powell offered the following Ordinance as amended: (~4964) AN 0RDII~iNCE providing for Special Assistant, attached to the office of the ~ttorney for the Commonwealth for the City of Roanoke. ( For full text of Ordinance see Ordinance Book No. 9, page 55 ). ~Lr. Powell moved the adoption of the 0rd~ance. The motion was seconded by ·.tJr. Winn, and adopted by the following vote: AYe: Messrs. Bear, NAYS: None ...... 0. Powell, Winn, Wood, and the President, ~r. Small--5. The City Clerk is directed to send copy of the Ordinance to I,.~M. E. R. Combs, Chairman of the Compensation Board, Richmond, Virginia. 'Clerk is directed to request maim'l;ai~a an official record begirming as of this date. i~ FILLING STATIONS: The question and maintaLu two On motion of LM. Bear, seconded by L. Ir. YJood and maanimously adopted, the City the Judge of the civil and Police Court to note and showing the minute and hour the Police Court adjourns, light poles for of granting permission to H. G. '~nitlow to erect flood lighting his fillin~ station at the corner of Franklin Road and Brandon Avenue, was before Council, M~r. Bear offering the following Resolut ion: (~4969] A RESOLUTION granting permission to H. G. Whitlow to erect and maintain two flood light poles on lot at the intersection of Franklin Road and Brandon Avenue between sidewalk and curb, and imposing conditions tho~'efor. ! ( For full text of Reso.lution see Ordinance Book No~ 9, page 58 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~'ood, and adopted by the following vote: NAYS: None---0. ROANOKE WAT~ WORE~ C01/PMqY: The quo st ion tngs on the property of the Roanoke Water ~'orks Conrp~ny, AIRES: Messrs. Bear, Powell, ',iinn, Wood, and the President, LLr. Small ---5. of instituting condemnation proceed- ~as again before Council, .t Mr. iced moving that the following Ordinance, prepared by the City Attorney, C. Hunter, be offered for i~s first reading. The motion was seconded by Mr. ?linn, and edoRted by the followin~ vote: AYES: Messrs. Bear, ~owell, ~'inn, Wood, and the Fresident, ~ro Small --5. NAYS: None ---0. · ORDINANCE providing for the condemnation of the property of Roanoke ~'ater ~orks Company, Inc., consisting of its water plant, works or system, tangible personal property, easements, lands and buildings with appurtenances thereto, and and franchises used and useful in supplying water to also all rights, privileges said Company,s customers. ;;HEfiEAS, the Council o~ the; City of Roanoke, ~Jority of the freehold voters of said city Virginia, is conviced that a approve of municipal ownership and operation of a water plant, w~rks or system; and ;~'HEREAS, Roanoke ,;star Works Company, Inc., is the owner and operator of the only water works, and :, HEREAS, on behalf of water plant, plant or system used in supplying water to the public in said city..; said Council has heretofore made a bona fide but ineffectual effor~, i said city, to purchase the property of said company consisting of its works or system, tangible personal property, easements, lands and buildings with appurtenances thereto, and also all rights, privileges and franchises used and useful in supplying water to the customers of said company: NOW, THEREFORE, BE IT oRDAINED by the Council of the City of Roanoke as follows: 1. For the purpose of providing for an adecltmte water supply for said city and for o~n~ng, acquiring, establishing and maintaining by said city a water plant, ~orks or system, said city, by and through its proper officers, agents 8xtd attorneys, shall, as herein' provided, proceed to and condemn the property of Roanoke ~ater ]. Works Company, inc.,whe~e¥~rsituated, consisting of its water plant, works or system, tangible person_~.l property, easements, land and buildings ~ith appurtenances therot~, and also all rights, privileges and franchises used and useful in carrying on its business of supplying ~ater to its customers in the City of Roanoke and County of Roanoke, Virginia. 2. Condemnation proceedings hereunder shall be instituted and conducted in such court of proper jurisdiction as said Council may determine, and in the manner prescribed by acts of the General ~ssenbly of Virginia in such cases provided. 3. No court proceeding having as its object the condemnation of said property by said city shall be instituted ~util this Ordinance is approved by a majority of the freehold voters of said City on the question, at an election to be called, held and conducted in accordance with an 0rdinsnce adopted by the Council of said city providing for such election, and for giving due publicity to same, and also providin~ by mhom and how the ballots shall be prepared and the return canvassed, and the result certified. 4. This. Ordinance shall be published for at least thirty days in some newspaper published and circulated in said city. The ordinance is laid over. SEW~ZR ~ SIDEW'A~.K aSSESSMENTS: The City Clerk presented list of controversial~ Sewer and Side~alk ~ssessments to be released as provided for in Resolution No. 4954; whereupon, Mr. Bear offered the follow~nE Resolution: (~4971) ~ RESOLUTION authorizing and directing the City Clerk to release principal and interest charges on certain controversial Sewer and Sii ewa2k ASS essm ~ltS. 287 '288 ( For full text of Resolution see Ordinance Book No. 9, pa~e §8 } o Mr. Bear moved the adoption of the I~solutim. The moti~ was seconded by Mro ~owell, and adopted by the following vote: AYES: Messrs. Bear, Powell, ~inn, ~ood, m~d the President, Mr. Small--5. NAYS: None .... 0. SEWE~ AitD SIDEWALK AS8ES~d~TS: The City Clerk submitted list of Sewers and Sidewalks erroneously assessed; whereupon Mr. ¥;inn offered the following Resolution: (~4972} A ~0LUTION authorizing and directing the City Sewer and Sidewalk Assess:aents erroneously assessed. ( For full text of Resolution see Ordinance Book No. 9, 'Mr. Winn moved the adoption of the Resolution. Clerk to release page 59 ). The motion was seconded by Fowell, and adopted by the following vote: AY',~iS: Idessrs. Bear, Powell, Winn, Wood, and the Prestdemt,Mr. Small--5. NAYS: None ..... 0. MOTIONS ~'.i.O idlSC~:D~.~EOUS BUSINESS: COUNCIL: 'Zr. Bear brought to the attention of Council the question of days fer meeting, suggesting that the date be changed from Frida~ to Monday, and asked that the members of Council give some thought to the suggestion for further consider~'- tion at a later date. owners on Berkley ~venue of lend for street widening purposes, in exchange for extension, the cost to the City being estimated at ~825.00. i The City Manager is directed to advise the interested parties that if an unanimous proposal is submitted Council will consider same. Bb~LD]I~GS: The City Manager brought before Council a request from J. B. Garst for repairs to City property rented from the City, the estimated cost being ~349.26. The City idana~er is directed to notify th~ present ten,ut the repairs will :be made provided the said tenant agrees to pay a ten percent increase in rent. STREET '.JIDEi~NG: The City Me_uager brought before Council an offer from property acquiring ten foot strip of land at the corner of First Street and Franklin Road fc~ street widening purposes resulted in an offer frcm the owner to give the the City would clear the entire lot at an estimated cost of $6,500.00. land provided The question is held in abeyance for possible consideration at some later date. There being no further business, on moticn of t,M. Wood, Council adjourned. APPROVED President C OUNC IL, Friday, REGULAR MEETING, October 9, 1955. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Friday, the early meeting hour being called for Ootob~r 9, 19~6, at 2:00 o'clock p. m., the disposition of accumulated matters. .~o~-,.: M, essrs. Bear, Powell, '~ood, and the President, Mr. Small--4. ~kBSEr~: Mr. ~inn .... 1. The President, M~. Small, presiding. OFFICERS ]RES~qT: Mr. W. P. Hunter, City Manager. I,~[i~"~ES: It appearing that a copy of the minutes of the previous meeting having been furnished each m~nber of Council, upon motion of !.:Lt. Bear, seconded, by Mr. Powell, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZ~:NS UPON PUBLIC MATTERS: None. PE~£ITIONS ~ND C C~/'~T~ICATIONS: ~.~ G~S LIGHT COI,.~A~: -~ request from the Roanoke Gas Light Company for permit to open Sweetbrier ~.venue to Spring Road, a distance of 75 feet, to lay a four inch cast iron gas main to supply house on corner of Greenbrier Avenue and Spring Road, Grandin Court, ~Jas before Council, the City Manager recommending that the permit be granted. .Wood moved that Council concur in the recormuendation of the City Manager, and offered the following Resolution: (~4975) A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a gas main in Sweetbrier ~,venue, Grandin Court. For full text a.f Resolution see Ordinance Book No. 9, page 60 ). · bM.. Wood moved the adoption of the Resolutio5. The motion was seconded by Powell, and adopted by the following vote: AYES: Messrs. Bear, Po%';e]], Wood, and the t:resident, Mr. Small--4. NAYS: None .... 0. ( I,~. ~jinn ab sent ). ROANOKE GAS LIGHT C0~,~P'~fY: A request from the Roanoke Gas Light Company for ., permit to open 7th ~treet, N. ~,., 75 feet to LicDowell Avenue, West on McDowell '~ ~venue to 8th Street, South on 8th Street 300 feet- to dead end, for purpose of i laying a four inch gas mein, was before Council, the City Manager recommending that. the permit be granted. !] . Mr. ,'ood moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (#4976) A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a gas main in 7th Street N. i;. ( For full text of Resolution see Ordinance Book No. 9, page .... 60 ). Mr. ',/ood moved the adoption of the Resolution. The motion ~as seconded by ;~.Lr. 1-owell, and adopted by the following vote: AYES: Messrs. Bear, Powe_!!, ;¥ood, and tha President, Mr. Small--4. NAYS: None .... 0. KIND WORDS: A communication from Aubrey J' Wallace, Chairman of the Golden Jubilee Committee, Mountain Dale Lodge, I. 0. 0. F. No. 49, expressing thanks and appreciation for the use of the City ~.:',arket ~uditorium fo2 the Fiftieth Anniversary 289 2-90 celebration on October 3, 1936, was before Council. The cmumunication is filed. C ROSS-OVER: construct a Joint An application from 0. C. Aliff and A. R. Milton for permit to cross-over to accomodate properties at 527 and 647 Highland avenue, S ~ was before Council· The communication is referred to the City Manager for investigation, report and rec ~nmendation. 5EW£RS: A communication from J. i,.'. },;oseley, Mayor of the Town ~f Vinton, ~ expressing thanks and appreciation for consideration given by the City of Roanoke in the protection of the Town of Vinton's interest in t~ proposed connection of the ,,illiamson Road Sanitary District's sewer to the City of Roanoke's sewer system, was before Council. The con~aunication is filed. SE~.Zi{S: .~ connnunication from Richard L[esser, Director Sanitary Engineering, for the Cor~onwealth of Virginia's Department of Health, acknowledging receipt of [ conditions and requir~uents for construction of the ;;illiamson Road Sewerage Projecti., ~as before Council. The co~muunication is filed. ouoo~o-o~,~: i. LOTOR ~,kolT CORYO~-~ATION: ~ petition signed by citizens in the vicinity .,est of 18th 3treet on Patterson ~venue, asking that busses be routed on !atterson _,venue to 24th Street, S. ;i., and then North on 34th Street, S. ~i., to th~ underpass of the Norfolk and .,estern Railway Company, in order that transportation facilities might be 'provided for citizens residing in that section, ~as before Coum.iil. The question was discussed and referred to the City i.[anager with request that he cor&munica'ce '~';ith ;he 3afety V_otor Transit Co2poration' ~ith a viex'~ of t~oviding transportation facilities for the territory in question, and to report back to ~'~ouncii the result of his negotiations R~:ORT C-' '~-'' ~ "z~.:'. '~ITY,~..',,-~'-'~,:~" o:.~.. The City Manager submitted., re!~rts of expenditures :and %'turk accomplished for weeks endimg September 24th and October 1, 1936: The reg, ort s a re fi led. ~:.~.,i~l,c,.~ ~.~ _.~,~.~: :~ report from the Co~ssioner of ~e, enue, tabulating s~mmary of license for the month of September, 1936, sno~ ,~191,311.14 collected to ~ate as co~r~:ared with .~174,377.64 for the s~e period in 1935, was ~fore Cou~il? - In thio ~ection, the previous meetly, ~so submitted re~3ort sho%~'ing delinquent licenses for the ye~ :936. The City L~.anager advised that copy of the latter report shm:'inz delinquent I' licenses had been furnished him by the Co~mnissioner of Revenue, and that instruction, s had ~d_ready been given for issuance of x:mrrants sunnuonsing the persons whose names appear on the report into Court for non-~aym~t of license. The City I~anager will report to Council result of his efforts for collection of the delinquent licenses in quest io~. D~iN..%U~.~ T~: The Delinquent Tax Collector submitted report she%ring collec-~ :tions of ~43,142.78 for period from July let to October !st, ,,representing real estate and ¢4,147.78 personal property. 1936, $38,995.00 The City Clerk is directed to submit to Council at its next meeting comparative figures for the same period in 1935. il REPORTS OF~"~"'~ ~"")~'z~"~~..x z 'z~: TRAFFIC: Mr. Bear, Chairman of the Traffic Committee, reported galley proofs icl the Traffic Code have been received from the printer and appear to be in good shape insofar as the mechanics of the job are concerned, representing the best effor' ithe committee has been able to exercise, suggesting that the Ordirmnce be put on its first reading wi'th a vie~ of giving the public an opportunity to be heard on the Ordinamce or anM sections thereof, the Ordinance being subject to amendment before final adoption. The question of referring the draft to mercantile and civic organizer ions was discussed and by unanimous agre~,ent the City Clerk was directed to forward proof of the Ordinance to the Chamber of .Commerce, the Retail Lierchants Association, and the i..Lerchant,s Protective ,,ssociation, with the request that a connnittee be formed from the organizations above mentioned, together ~ith representatives of civic organizations of the City fox' a revie~ of the proposed Ordinance, sending copy of the com~unication to the Judge of the Civil and iolice Court ~ho is designated to :sit ~ith the 'committee when the Ordinance is considered by them, and to report to Council not later than November 1st. UNFINIS~LED BUSINESS: ~CH00L BOARD: The rei. ort from the School Board, sho%,~ng unexpended balance for the fiscal year ending June 30, 1936, ~;as again before Council and disc~ ssed, tCityClerk being directed to ask i.~. W. ?. Hazlegrove, Chairman of the School Board, to a~)oear before Council at its next regular meeting on Friday, October 16, 1936, together w~th' as many members of the School Board as can conveniently attend for discussion of the report dated ~ept,~%ber 50, 1936. i:.,,~..~IONS: An invitation from the international City !.ianagers, Association, invitirt~ members of Council to attend the £3rd .:mnual Conference ta be held at Hotel John L~arshall at Richmond, VirEinia, on October 19-21, ~'~as again b~fore Co~xcil, City LLanager intimating his intention of attending the Conference. WATER ;';0Pd~S COL~AA~Y: A statement fron Burns & McDonnell amounting to ~629.00 for cle~_cal assistanc~ for hater l';orks A'ppraisal for the month of September 1936, was before Council, L~r. Bear offering the following Resolution: (~4977) A RESOLUTION appropriating $629.00 for clerical engineering assistance ~ncident to revie%-; and appraisal survey of the Roanoke Uater Works Company by the £~irm of Burns and ~.2cDonnell Engineering Comp-ny. ( For full text of Resolution see Ordinance Book Ho. 9, page 66 ). -Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~r. Powell, and adopted by the following vote: Messrs. Bear, PoweLl, Wood, ,~d the President, Eir. Small--4. N~YS: None .... 0. II..~RODUCTION ~2~D C OESIDEP~iTION OF ORDINANCES ~E~D RESOLUTIONS: DOGS: Ordinance No. 496B having been introduced at the regular meeting of ~oun¢il on september g5, 1936, and laid over, was again before Council, 1.,J.r Powell ~oving that same be placed on its second reading. The motion was seconded by !,~. ~ear. After the second reading of the Ord_inance, the question mas discussed somewhat at length, the President stating that the Ordinance was subject to amendments as ma~ be offered and limiting the time for discussing the question to ten minutes for each side of the question. Mr. Lawson ;~orrell appeared in opposition to the 0rd~.nance as drawn, suggestir~ that the same be smended in line ~ith p~posed changes as discussed at the last meeting o f Council. 29.] 292 Dr. Thomas E. Payne appeared in behalf of the Ordinanee but reserved his time for discussing the question pending the introduction of any amendments. Mr. Walter W. ~ood, CouncilmAn, introduced amendment to the entire Ordinance T&ich was read before Council. (See copy in office of the City Clerk). Mr. Powell, proponent and Chairman of committee drafting the Ordinance as originally introduced, spoke briefly on the question and in opposition to the amend-. :Eent as offered by CounciLman ;iood. ~as :as introduced, ¥~as seconding a vote. A full memb6rship of Council not being present, i.~. Bear stated that inasmuch a large delegation ¥:as present for the purpose of hearing the amendment discussed smue, reserving the right to oppose it when it came to Dr. Thomas E. Payne having reserved his time for discussion, spoke on the question and presented petition signed by 2,261 names favoring the Ordinance as originally drawn and opposing the amendment. Mir..,. A. Irvin also spoke in opposition to the amendment, favoring ordinance as drawn, as did others pl~sent. ~ll citizens present having been given an opportunity the original of discussing the ~uestion both pro and con, the amendment as introduced vms put to a vote ~ith the following result: AYES: ~'~essrs. ,,ood and the President, Llr. Small--S. h,~:o: L~essrs. Bear and _~-owell majority vote not being cast, the amendment ~as losS. The follo~:-ing ordinance as above referred to, having previously been before Council and laid over, v,~s again before the body, LLr. Po~ell having introduced same: (~4962) AIJ 0RDiE,~d~C£ to provide for the regulation and keeping of dogs, to prevent their running at large, to control the spread of rabies, and prescribing penalty for the violation thereof. ( For full text of ordinance see Ordinance Book 1~o. 9, page 61 ). ~. Po~ell moved the adoption of the 0rdin~uce. Bear, and adopted by the following vote: The motion was seconded by Mr. ~i AYES: 4iessrs. Bear, Powell, and the iresident, idr. ~mall--3. NAYS: Mr. Wood---1. ROA~,I0=.~' '"'~ ',,~,~.n"~"~ ;;0RK$ C0~LP~.,~Y: 0rdinsuce No. 4970 providing for condemoation of the Roanoke Uater Works Company, Incorporated, having been introduced and laid over, ~Jas again b~fore Cou~xcil, L~r. Wood introducing same for its second reading: (~4970) AH 0RDIN.~CE providing for the condemnation of the property of Roanoke ~',ater .,orks Company, inc., consisting of its water plant, ~orks or system, tangible personal property, assessmeats, lands and buildings ~ith appurtenances thereto, ~nd also all rights, privileges and franchises used and useful in supplying water to said Company' s customers. ( For full text of Ordinance see Ordinance Book Ho. 9, page 62 ). Mr. b'ood moved the adoption of the Ordinance. The motion was seconded by I.,~. :Pov~ell, and adopted by the followS.rig vote: AYES: L.~essrs. Bear, io¥~e11, hood, and the President, LLro Small--4. N2¥S: None .... O. REFDE. IDS ~2.JD REBATES-DELIN~U-ZMT TADCES: A request from the Delinquent Tax Collecto. refund L. C. Huff ~40.00 for duplicate payment of delinquent taxes, was before '.~.~!~ounc il, LLr . Bear offering the following Resolution: i. ! (~49781 A RESOLUTION to refund delinquent taxes. L. C. Huff $40.00 for duplicate payment of ( For full text of Resolution see Ordinance Book No. 9, page 66 ). 'Mr. Bear moved the adoption of the Resolution. The motion was seconded by l~r. ,'cod, and adopted by the following vote: AYES: Messrs. Bear, Powell, b'ood, and the President, ~r. ~mall--4. NAYS: None .... O. REFUND~ AND RFiBaTES-DELIH ~U TM ~,~ TAX, S: A request from the Delinquent Tax Collector to re~nd T. L. Nininger ~35.00 for duplicate payment of delinquent taxes, was before Council, },h.. Bear offering the following ~esolutlon: (#4979) A RES~LUTION to refund T. ~.. Nininger :$35.00 for duplicate payment of delinquent taxes. ( For full text of Resolution see ~rdinance Book ~:o. 9, page 67 ). Bear moved th~ adoption of the Hesolution. The motion was seconded by L~. ;,cod, and adopted by the following vote: AYES: i:Lessrs. Bear, lowell, i, ood, and the President, Llr. 5mall--4. NAYO: None ..... 0. '~ ' ...... "" ,_~J[~o: -~ request from the Delinquent Tax REFU~FDS ~.IiD R~B~,T~-DELI~,,,~U,ENT ~"" Collector to refund Dr. J.... gimmerman $50.00 for duplicate payment of delinquent taxes , %'las before Jotmcil, Lit. Bear offering the following Resolution: (~4980) ~ RE~0LU'qI''~''~,, to refund Dr. J. ,.. oimmerman .~50.00 for duplicate payment of delinquent taxes. ( For full tex~t of Resolution see Crdinance Book iJo. 9, page 68 ). Bear moved the adopvion of the l{esolution. The motion was seconded by Mr. Lood, and adopted by the following vote: ~.~..~: !.~essrso Bear, '~owell, ~ood, and tbs ~resid~nt, N.JL: None .... 0. i.[r. omal 1--4. i:lr Bear ozfer~no the following Resolution: =~...~-~...~,~ £~: _= request from th~ Delinquent Tax Collector to refund :,. ~.. ingram ¢10.22 for overpaqnr~ent of delinquent taxes, x'zas before Council, Ingram .~;10 22 for overpa~ent of real (~981) ~ i~SCL~i'ION to re.nd ,,.... . { For full tex~ of ~iesolution see Ordnance Book l~o. 9, page 68 ). ~. Bear moved the adoption of the Hesolution. The motion was seco~ed by Mr. .cod, and adopted by the fol!owi~ vote: ~.~: Liessrs. Bear, !-o~ie~, .~ood, ~d the }resident, L~. ~moll--4. N.~YS: None .... 0. · ~o.~x'~-~,,,,~..~U~x T~ES: ~ request from the Delinquent Tax :ollector to re,nd C. T. Deari~ ~4.62 for duplicate pa~ent of de!in%uent taxes, ~tas before Couneil~ ~. Bea~ offer~ ghe followh~ ~esolu~on: (~982) A ~SOL~210~I authorizi~ re,nd to ~. ~ ~. Deari~ ~ou~ing to $4.62 0overi~ duplicate pa~ent of delinquent personal property taxes. { ~or fu!l ~e~ of ReaolugSon see 0r~~ee Book Iro. ~age 60 }. ~. Bear morea ghe ado~gSon o~ g~ ~esolu~ion. The mogSon was seeon~od by I,.~r. Jood, and adopted by the follo~n~ vote: A~S: Messrs. Bear, Powell, Wood, ~d the }'resident, L~r. Stall--4. estate taxes. None .... 0. 293 294 COI~.IISSIONER OF REVENUE: A communication from the Comp~sation Board giving notice of hearing on the lath day of October for the purpose of fixing salaries and .expenses for the office of the Commissioner of Revenue for the City of Roanoke, hav- iing previously been before Council, was again before the body, the Commissioner of IRevenue having agreed to a joint submission to the Compensation Board, Mr. Wood off- iering the followin~ Resolution: (~4973) A RESOLUTION .makin~ joint reconu~endation to the Corapensation Board for fixation of salaries and expenses in the office of the Cormnissioner of Revenue for calendar year 1907. ( For full text of Resolution see Ordinance Book No. 9, page 6~ I. '.ir. ',;ood moved the adoption of the Resolution. The motion ;~as seconded by Mr. Powell, and adopted by the following vote: Ay:~o: i:essrs. Bear, ~owell, Wood, and the President, Idr. Small--4. ? ~'~..~_ ~. None .... 0 CITY TR~'~SU:U~R: A communication from the Compensation Board giving notice of hearing on the lSth dsy of October for the purpose of fixing salaries and expenses for tl~e office of ti~e City Treaourer for the 'City of Roanoke, having previously been.. year 19~7. ( For full tex~t of Resolut±on see Crdinance Book i:o. 9, pa,ge '~.~. Bear moved the ado£~tio~: of the Resolution. Powell, and adopted by the following vote: AYES: L:essrs. Bear, Pop, ell, Wood, and the President, idr. Small--4. ~,.-,. ~_~: None .... 0. CITY TREASU~: The ~' ~ ~y Treas~er sub~tted report as requested by Council showing uncollected 1933 real es'~ate taxes as of ~ctober l, 1935, as ~102,511.67, '~d 19~ re~ estate as of 0c'tober l, 1936, ~ounting to ~97,026.42, advisi~ that · before Council, ;':as a~ain before the body, the City Treasurer having agreed to a joint submission to the Compensation Board, l,':r. Bear offering the following ResolutiOn: (~4974) A RESOLUTI~''' ~,~ making ~oint reeo~unendation to the Compensation Board for t fixation of salaries and expenses in the office of the City Treasurer for calendar : 65 ). The motion was seconded by l.lr. the personal property for the yea£s in question has been turned over to the Delinquedt Tax De~artme nt. · The City Clerk is direct~'d to request the DelinQuent Tax Collector to furnish rei~ort to 0ouncil sho~ing ~hat amount of the ~8,09g.gl represant:Ba~ 19~3 personal property taxes has been collected since turned over to his department on June l~ 19~, and the same im'~ormation for the ~l,8~o01 representing 19~t: permrml property' taxes turned over to his departmo.~t ~u.ly 1, 1936.. ' ~0,~01~i,i~.ALTH ~ kTTOHk~EY: ~ communication from the Compensation Board in the for~ of a ten days' notice of maetir~ called for the 13th day of 0c~;ober, 1936, beginBing at 10:00 o'clock a. m., in the cffice in the State Library Building, Richmond, ,Virginia, for the purpose of fixing the salary and expenses for the Attorney for the Commonwealth for the City of R~a~%oke for year beginning January 1, 1937, and ending December 31, 10~, the tapering of the aforesaid to b@ ~d~ou.~.n~d from day to day :until its purpose shall have been accomplished, was before Council; also copy of communication from ii~. R. S. Smith, Commonwealth's kttorney for the City of' Ro_~noke~ addressed to the Compensation Board, requesting salary and expenses for the office of the ~.ttom~.ey for the Comrnon~eelth for the City of Roanoke amounting to $6,000.00 being for salary for the Commonwealth,s Attorney. The President, ~r. Snmll, stated the effect of the communication addressed to the Compensation Board by R. S. Smith, Commonwealth's Attorney, is to ask for a salary increase from $5,500.00 to $6,000.00 per annum, and to increase miscellaneous e~enses frGn $310.00 to $450.00, using as his reascn that the salary for the Commonwealth,s Attorney should be equalized with that of the Commissioner of Revenue and the City Treasurer, the President calling attention to the 1934 Acts of the ~ssembly which created the Compensation Board an~ providin~ for a differential between the salaries of the respective officers in cities c~ning within the brackets of the City of Roanoke, and minimma salary provided for the Commom,~ealth Attorney being $4,500.00 and a maximum of .56,000.00, for the Commissioner of 2evenue and the City ?reasurer tile minimum is fixed at $5,000.00 and a maximum of ~7,000.00. By an analysis of these figures it will be found that 9,,500.00 in the case of the Common'~:ealth,s Attorney for Roanoke is ninety-one percent of the maximum salary provided for under the ,~ct, and that $6,000.00 for the City Treasurer and Commie- sioner of Revenue is eighty-five percent of the maximum allo~'~ance under the Act. The question ~'~as discussed some~that in detail, the President suggesting that proper steps should be made by Council to request the Compensation Board for a continuance of the hearing in order that the ~atter might be further discussed when a full membership of Council is present, and relinqaished the chair to the Vice- i'resident, and offered a motion that the City Clerk be directed to notify the Cor,~pensation Board that Council has considered its notice of hearing set for October 13th, at 10:00 o'clock a. m., in accordance with the Compensation -~-ct, for the put- 'pose of fixing the salary for the Commonwealth,s .'~ttorney fGr the City of Roanoke for the calendar year beginning January 1, 1937, that Council is also in possession l:of a copy of coml~unication from the Co~uD. onwealth's Attorney addressed to the Compensation Board requesting an increase in salary for the Commom';ealth,s .Qttorney from $5,500.00 to .~6 ,000 .00, and in view of the fact that a full membership of Council is not present requests that the hearir~E be continued in order that Council may have an opportunity of considering the matter with a full membership of Council present v~ith a view of adopting l.olicy as to ~'Jhether or not Council will oppose the e yli~c[ea~ in salary request ed by the Commonwealth's Attorney. The motion vies second- . Powell, and adopted by the followir~E vote: AYES: Messrs. Bear, ~owell, Wood, and the i-resident, ~hr. Small--4. -0. MOT I0i,lS ~ND MISC~LLAtlEOUS BUS INESS: STRE~ WIDENING: The City L;anager reported he had reached an agreement v~ith i.lr~i John H. ;iindel to accept $125.00 for land necessar~y for street ~idening purposes at :! the intersection of B4th Street and Staunton ~venue, N. ,,., which question was :i.~r eviously, be fore Council t T he C~ty Manager ~s i!quest ion. and referred to kim. directed to close the negotiat ions for the property in PEI~S~01~: Mr. ~. L. Hughson, ~ttorney, appeared before Council in the interest 3f I~rs. W. J. Rigney, a divorced and widowed wife of ;,'. J. Rigney, former Chief of Police for the City of Roa_no_ke, asking that Counc:D. give consideration to placing . Rigney on the pension roll and elaborated somewhat in detail the circumstances 295 296 surroundinc the request. The question is placed on the docket for further consideration a~ter the pension Ordinances have been studied to ascertain what is permissible, and an investigation of the circumstances. There being no further business, Council adjourned, after which the question of condonation and arbitration of the Roe~loke Nater Works Company was discussed informally. APPROVED President 297 COUNCIL, HEGU~ ME~TING~, Friday, 0otober 19,19~6.i A quorum failing to appear, 19, 19~6, at 3 o,clock p. m. the meeting is adjourned until Monday, October APPROVED President 298 00UN~IL,, AD~0~ M~ETL~¢ Mo~day, 0o~ber 19, 1936. The Council of the City of Roanoke met in Adjourned Meeting in the Circuit Court Room in the Municipal Building, Monday, 0otober 19, 19Z6, at PRESENT: Messrs. Bear, Powell, Winn aha Wood ---%. ABSENT: The President, Mr. Small ................ 1. The Vice-Chairman, Mr. Bear, presidin~. 0FFICEP~ PRE~: None. (Mr. MIN~: It appearin~ that a ~. P. Hunter, City Manager, absent). copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Powell, seconded by Mr. the reading is dispensed with, and the minutes approved as recorded. MNARING OF CITIZENS UPON PUBLIC MATTERS: SCHOOL BOARD: Mr. Messrs. J. S. McDonald, Clerk, D. P. S. Hawthorne, m~nbers of the ed in connection with unexpended lng to $7,988.95. Mr. Hazlegrove, Chairman of the Board, ;.. P. Hazlegrove, Chairman of the School Board, together with! E. Moquilkin, Superintendent, and E. D. Poe and . Board, appeared before Counoll aa previously request~ surplus in the accounts' of the School Board, amount:~ reviewed communication fr~n the Clerk of.i ifunds as contemplated could be ued to ~ood advantage, Mr. Bear raised the question as to whether or not the School Board would be able to appropriate funds from this .amount to assist the High School band, suggesting $200.00 be appropriat.ed for this ? purpose. The Chairman and other members of the School Board gave their approval :suggestion and assured Council funds would be appropriated for this purpose if Council would turn over to the School Board the surplus under discussion. Mr. Powell called attention to the School Board under date of September 30, 1956, in which the School Board tabulated items for which the Board contemplates using the unerpended bal-nce if Council will reappropriate the amount, it being shown that most of the unexpended balance will be! used in p~a:~vidt, ng facilitios for vocational trainir~ in the public schools, system. After a discussion of the question, and all representatives of the School Board~! concurring in the request and statement of the Chairmsn that the expenditure of the to this the request of the ~claool Board m~der date of Sept~nber 11, 1936, for a white nurse at a salary of ~900.00 and a part time colored.. nurse at a sa]Ja.~ of ~2'/0.00,' ~mploTatent of same boing authorized by Com~cil at its meeting on Friday~ September 11, 1955, with the understanding that if at the end of the present Budget, year the School Board has no uaexpended bo.l.~ce, Council will ....supplement its present Budget to the extent of $1,170.00, Mr. Poeell suggesting that Xf the ,~?,988.95 was left with the School Board,the City be relieved of any further liability for the emploTmont of the nurses; whoreupon, 1~. l~l. eg~ove, as spokesman i:for the School Board, agreed and concurred in the proposals as offered both by Oounc ilman Bear and Powell. After a further discussion of the question, ~'Lr. ]~inn offered the following Rase lution: .~ (~4984} A RESOLUTION authorizing and directing disposition of funds amounting to ~?,988.95 shown as a surplus by the School Board in appropriation for fiscal year ! ~nding June ~0, 19~'~. ( For full text of Resolution see Ordinance Book No. 9, page ?0 ). ~r. u~nn moved tho adoption of the ~esolu~Lon. Tho motion was aoeonded by Mr'. Powell, and adopted by the following vote: AYEG: Messrs. Bear, Povoll, linn, a~d NAY3: None ----0. ( The President, Mr. Wood --4. flnal~, absent). CITY MA~ET AUDITORII~g: Mr. M. A. 3mytho, President of the National Business College, appeared before Council requesting that the National Business College at the City Market Auditorium two hours same arrangement as authorized by Cotuloil las~ College Basket Ball Team be permitted to use Basket Ball Team be permitted to practice ~or night f~r thirty nights under the year; viz, that the ~ational Business the City Market Auditorium for ~raoticing basket ball two period of thirty nights, ~rior to the commencement of the Wednesday, Thursday and Friday being designated as the nights hours per night for a City Basket Ball League, to be used, for a total ~50.00, it being understood in the event the City has an opportunit' Basket schedule charge for consideration of of renting the Auditorium on the regular revenue basis, the Business College Ball Team will defer to any other arrangemnt the City Manager might direct. Mr. Smythe stated that with the beginning of the regular basket ball :all games will be played at the City Market Auditorium paying the regular the use thereof. After a further discussion lutton: of the question, Mr. Nat Powell, (~4985) A RESOLUTION authorizing the uae of the Winn offered the following Reso~ City Market Auditorium. by the ional Business College Basket Ball Team for practicing purposes. ( For full text of Resolution see Ordinance Book No. 9, page 70 ) Mr. :~tnn moved the adoption of the l~esolution. The motion was seconded by Mr. and ado~ted by the following vote: AYES: Messrs. Bear, Powell, b'inn, and ~ood ,--4. NAYS: None .... 0. PETITIONS AND COMMUNICATIONS: i'. COMPENSATION BOARD-TREASURER: Copy of communication fr~n the Compensation :, Board, addressed to Mr. C. R. Eennett, Treasurer, with reference to additional allowance year 1936, to cover repairs The communication is carried over until iiof ~150.00 for the office of the Treamrer for calendar to tax billing machine, was before Council. t full membership of COuncil is present. UNITED STATES CONFERENCE OF MAYORS: A communication from the United States :onference of Mayors, enclosing hotel reservation cards to be filled out by officers! )lanning to'attend the Annual Conference of the Uflited States Conference of ~'ayors .n ~ashington on November 16-18, was before Council. The communication is carried )var for consideration at a later meeting of Council. REAL ~ZSTATE: A communication from J. W. Boswell, Boswell x~ealty Company, asking that Council authorize the reemployment ~pecigl officers to watch vacant property for vandals, was bef6re Council. mommunication is carried over for consideration'at the ~he City Manager is present. Jr., President-TreaSArer of' of three The next meeting of Council when gPA: A eommunicatic~ from the Southwest Virginia Museum, requesting Council to sponsor a b2A Project to the amount of $50.00 per month to cover rental of building ?or the preparation and assembling of museum specimens, was before Council. , The Chairman of the meeti 'Mr. Bear su e ng, , gg st ed that the communication be ~eferred to the City Manager for report at the next regular meeting of Council. 299 ,30O Ia t~l.s oo~leo~toa~ M~'. ,7. Rylamd Mia'csin, ~3eore.tarT~ apl;)eaz'~d aaa obJ®o~ed to this ~,~ooedure, iz~isting that & committee be Ip~)oin~e~ from ¢OUaQ~I. tO WOZ'I: ~t~h his eonm~t.ttee ia formulating ~lans for 'the establlslmm.t of .the museum. In the absence of any motion on the oub~ec.t, the Chairman ordored the ccmmmnios tion filed for possible APPROPRIATIONS: A consideration at a later eon~nunioation fren Morris da te, L. Ma$tnter, Chairman of the committee on patriotic affairs ~Council appropriate $100.00 to for Armistice Day Celebration, asking that City assist in defraying expenses of the Armistice Day Celebration, was before comnoil. It appearing that sufficient funds have been included in the Budget under ACcount ~101 "Celebrations and Public Entertainments" .to provide for this expendi- ture, Mr. ~omell offered $1oo.oo to A RESOLUTION the following Resolution: directing the City Auditor to draw warrant mnounting to of Armistice Day Celebration. assist in defraying expenses ( For full text of Resolution see 0rdinsnce Book No. 9, page ?1 .). Mr. lowell moved the adoption of the Resolution. The motion was seconded ;'~i~-, a_nd adopted by the following vote: by AYES: Messrs. Pear, Powell, ~inn and Wood---4. NAYS: None ....0. C0.'~L~I~S: A communication frc~ Claude E. Evans, 1709 Carroll Avenue, N. ~., member of the Ro-noke District Council of Christian Education of the Methodist Episcopal Church, South, voting Resolution recently adopted by the Ministerial 'Union of Richmond, calling attention to the obsenoe literature and magazines sold at News Stands in Richmond, was before Council; also communication and clippings reporting results obtained in Richmond were before Council. The communications are referred to the City Manager for such action as seems necessary. TRAFFIC: A communication from the Chamber of Commerce, with reference to committee appoint ed before Council. The for reviewing the Traffic Ordinance previously submitted, was City Clerk is directed to keep in touch with the situation. CROSS-0VE~: A request to accommodate property at from N. L. Wright for permit to construct a cross-over 247 Sherwood Avenue, Raleigh court, was before Council, the City Manager having approved the request. Mr. Ninu moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: (~4987) A RESOLUTION granting a permit cross-over to accommodate property at 247 Sherwood Avenue, ( Far full text of Resolution see Ordinance Book No. Mr. ',';inn moved the ado]~tion of the Resolution. to N. L. Wright to construct a concrete Raleigh Court. 9, Page ?~) · The motion was seconded by 'Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, NAYS~ None .... 0. CROSS-OVER: A request Powell, Ninn and Wood ---4. from D. M. Hornharger for permit to over to accommodate property at 1424 Chapman Avenue, S. N., was ~the City Manager having approved the request. Mr. Ninn moved that Council concur in the offered construct a cross- before Council, the following A RESOLUTION concrete cross-over to accommodate recommendation of the City Manager, Resolut ion: granting a permit to D. property at M. Hornbarger to construct a 1424 Chalmmm Avenue, S. W. I/ ( /'or full text of Resolutiou lee Ozdiaanoe Boob: ~o. ~, ~e~ ~G ). ~e~ ~d adopted by the follo~i~ NAYS: None----0. The motion was seconded by ROA~0I~E GA~ LIGHT C~PA~Y~ for permit Avenue, for gas main, was Mr. Wi.nn to open the pux'pose of retiring 1~ inch gas main and installing a new 4 inch before Council, the City Manager having approved the request. moved that Council concur in the recommendation of the City Manager, A request frma the Roanoke Gas Light ¢csapany , street on Orchard Bill, S. E., frcea Mountain Avenue to BighXand I and offered the f~llowtng Resolution: (~4989) A RESOLUTION granting a' permit to the Roanoke inst all a gm s main in Orchard Hill. Gas Light Company to ( For full text of Resolution see Ordinance Book No. 9, page 73 ). Mr. ~t-_n moved the adoption of the Hesolution. The motion vas seconded by Wood, and adopted by the following vote:' AYES: Messrs. Bear, Powell, ~inn-nd Wood--4. NAYS: None ..... 0. ROANOKE GAS LIGHT CO~P~: A request from the Roanoke Gas Light Company for permit to open street on Norfolk Avenue, S. E., from Holiday Street to ~oods : Brothers Coffee C~npauy and for purpose of laying a 4" tie in to a 4 inch line behind S. C. L. of Nor~blk Avenue Gas Main, was before Council, the City Manager having : lapproved the. request. Mr. Ninn moved that Council concur in the recommendation land offered the following Resolution: ~ (~A990) A RESOLUTION granting a permit to the Roanoke install a gas main in Norfolk Avenue, S. E. of the City Manager, Gas Light Company to page 73 ). ( For full text of Resolution see Ordinance Book No. 9, ~inn moved the adoption of the Resolution. The motion was seconded by and adopted by the following vote: AYES: Messrs. Bear, ~owell, ;,-inn and '~'ood--4. NAYS: None .... 0. IMERCHAi~'$ LIC~SE; ~ request for transfer of Merchant's License No. ~49 £ssued in the name of Triangle Tire & Battery Company to F. A. Holcc~b, was before :ouncil, the City Manager h_sving approved the transfer. of the City Manager, Mr. ~'ood moved that Council concur in the recommendation and offered the following Resolutica: (i{t4991) A RESOLUTION authorizing transfer of Merchant's License No. 3~49, issued on the 29th day of July, 1936, in the name of Triangle Tire and Bat tery Company, to F. A. Holcomb. by (' For full text of Hesolution see Ordinance Book No. 9, page 74). Mr. ~'ood moved the adoption of the Resolution. The motion was seconded Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Powell, Wi~ and iood--4. HAYS: None ---0. ~ROHANT'S LICENSE: A request for transfer of Merchant,s License No. aSi6 issued in the name of J. P. Doran, tradin~ as Red Front Fruit Stand, to M. was before Council, the City Manager having approved the transfer. A. ~illiar, Mr. iood moved that Council concur in the recommendation of the City M-n ager, 301. ,302 ami offered the followh~ ~esolutlonz (~4992) A RESOLUTION authorizing tranofor of Moroh~ntt8 L~oon$o 3~46, issued on the 13th day' of 0etcher, 1936, in the name of ~. P. Doran, t~ading se Rod l~ont Fruit Stand, to M. A. Uilliar. ( For full text of Resolution eeo 0rdXnance Book No. 9, page ~4 }. Mr. food moved the adoption of the ~esolution. Tho motion ms seconded by Mr. Powe~, and adopted by the following vote: AYES: Messrs. Bear, NA¥~: None---0. Polell, Winn and ~ood --4. issued in the name of ~. F. Hayes, to Francis, transfer Hendrick, vas before [Council, the City ~anager having approved the · MERCHANT'S LICENSE: A request Hansbrough and transfer. Y~r. ~ood moved that Council concur in the recommendation o~~ the follo~ ng Resolution: l!and of the City Manager, A RESOLUTION authorizing transfer of Merchant's License No. 5560, iissued on the 15th day of October, 1936, in the name of J. F. Hayes, to Francis, Hansbrough and Hendrick. (For full text of Resolution see Ordinance Book No. 9, page 69 }. Mr. ~ood moved the adoption of the ~esolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: ~essrs. Bear, Powell, ~inn and ~ood---4. NAYS: None .... 0. '~ MERCHANT'S LICENSE: A request for transfer of Merchant's License No. $311, issued in the name of ~. F. C. Blackwell to T. P. Walker, was before Council, the City Manager having approved the transfer. ', Hr. ~ood moved that Council concur in the recommendation of the City Manager, and offered the following Resolution: ! (~499~) A RESOLUTION authorizing transfer of Merchant's License No. 3311, issued on the 31st day of ~uly, 1936 to ~. F. C. Blackwell Nos. 1E-lA, Arcade Market, to T. P. ~alker. for operation of Stalls ( For full text of Resolution see Ordinance Book No. 9, page .. 75 ). ,, Mr. ~'ood moved the adoption of the Resolution. powell, and adopted by the following vote: ,. AYES: ~essrs. Bear, ii NAYS: None .... 0. ' COMPLAINTS: that the Powell, Winn and Wood---4. The motion .was seconded by Mr. A ccannunication from the Roanoke Ministers, Conference recommending no of the City of Roanoke tak~actton with reference to complaint of ~itizens. in the Southeast section against ~ocality, was before Council. !! The communication is filed, of same and express Council, s tent revival meetings conducted in that Roanoke Ministers, COMP~SATION and the City Clerk d/rected to acknowledge receipt appreciation f~r the consideration given by the Conference. :BOAI~)-CO~O~AL~[ ~.TTO:~:~': A comm~,micatio~ from the Compensation ?card! acknowledging receipt of Ordinance No. 4964 providing for Special attached to the office of the Attorney for the Commonwealth for the City of ~ · ~s adopted by tho Council of the City of Roanoke on the ~ad day of Council. The cmmnunication is filed. .Was before [. Assis rant, Roanoke, 1936, COMPENSATION BOARD-C0U~0NgEALTH ATTORNEY: A communication frc~ the Compensation Board aok~__owledging receipt of letter from the City alerk, written at the direction of Council, under date of October 10, 1936, advising that final action for fixing the salary and expenses of the office of the Commonwealth,s Attorney WlXl be post- poned until Council has had an opportunity to present its views, was before Council, The City Clezk is directed to acknowledge receipt of the communication, and to advise the matter will be brought before Council for consideration. I~EP0~$ OF OFFIOEP~: I~PORT OF THE CITY The City Manager submitted report of expenditures and work accomplished for week ending uotober 8, 1936, showing cost of garbage removal as 61~. The report is filed. CROSS=OVERS: The City Manager suknnitted report recon~nendiug that perndt be i ~nted 0. 0. giff a~ I. R. Milton to construct a Joint o~oss-over to acoo~odate ~ property at 627 end 647 Highland Avenue, S. E. Mr. Winn moved that Council concur in the reoamnendation of the City Manager, and offered the following Resolution: (~4994) A RESOLUTION granting a permit to 0. C. Aliff and A. R. Mil.ton to construct a Joint concrete cross-over to accommodate property at 627 and 647 Highland Avenue, S.E. ( For full text of Resolution see 0rdinanoe Book No. 9, page 75 ). moved the adoption of the Resolution. The motion was seconded by I,.lz'. Powell, end adopted by the following vote: AI~: Messrs. Bear, Powell, Winn, and '&'cod---4. NAYS: None .... 0. STR.EET LIGHTS: The City Manager submitted report and recommendation that a one 100 C. P. Street Light be installed at Franklin Road approximately 600 feet South of the intersection of Franklin Road and Broadway. Mr. ~inn moved that Council concur in the recommendation of the and offered the following Resolution: (~4995) A RESOLUTION to install a street light approximately 600 feet of the intersection of Franklin Road and Broadway, South Roanoke. ( For full text of Resolution see Ordin_,nce Book No. 9, page 76 ). ~tr. Winn moved the adoption of the Resolution. Mr. Wood, -_,d adopted by the following vote: A]~S: Messrs. Bear, Powell, ~inn sn_d ~ood---4. NAYS: None .... 0. City Man-get, South The motion was seconded by APPOINTMENTS: The City Manager reported the resignation of David Thomas Mahan, patrolman, as of october 10th, 19~, to return to former position with the Norfolk and Western Railway Company, _~_n_d the appointment of John Paul Cralle, age 22 years, las compared with $213.00 for the same month last year, and $26?.00 for the iAugust, lOgS, was before Council. The report is filed. as l~t~l chauffeur, effective as of October 15, 1956. The report is filed. '! B~ M~MORIAL HOSPITAL: Report frmn the Burrell Memorial Hospital for the month of September, 1956, showing eighty-seven days' treatment at a cost of $261.00, month ofi ROANOKE HOSPITAL: Report from the Roanoke Hospital treatment at a cost of $66~.00, year, and $551.00 for the month The report is filed. for the month of September, as compared with $906.00 of August this year, was 1956, showing 187 days' for the stone month last before Council. 3O3 3O4 The City Clerk submitted omapa~&t~v® report f~o~ the Delinque Tax Department for perl~ from July 1st to October lst~ 1936, tions of $43,L42o78, as compared with $A0,407,36 for the tiona The City Clerk is directed to ascertain and report of delinquent taxes for the same period prior to from the Health Department report is filed. !Delinquent Tax Department. HEALTH DEPART~&~NT: Report ~;101~, was before Co[moil. The showing total cellos- same period of last year. to Council amount of colleo- the establishment of the for the month of September REP0:~TS OF C0MMITTEE3: PARES AND I-LAYGROUNDS: Mr. ~tnn, Chairm~ - of the Parks and Playgrounds Oommitte. !reported progess in negotiations for acquiring property offered the City for Parks oc~nittee would probably have a and ~ laygrounds purpose s, st ating his '.report to make to Co:mcil at its next regular meet lng. AIRPORT COMI~TTEE: Mr. Bear, Chairman of the Airport Committee, :grass, and advised that his committee would endeavor to make a formal regular meeting of Council. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAIMS: None. next ,t INTRODUCTION ~ND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. definite reported pro- report at the MOTIONS .~ND MISCELLANEOUS BUSINESS: ~REFUNDS AND RE~ATES: A request from Mrs. C. J. Beokley to release principal interest amounting to $56.26 shown as delinquent personal property taxes by the records in the office of the Delinquent Tax Collector, was before Council. It was and 'I' former a discrepancy existed between the records of Mrs. Tax Department, Mrs. Beckley having now been of the Civil and Police Justice on October Stated this question has previously been before Council, and that Mrs. Beckley had at .that time submitted receipts showing certain payments made to Terry L. goods, of the delinquent tax collector, and that 20, 1956i question, l~r ~inn offered the follow_~_ng ~, Beckley and that of the Oelinquent summonsed to appear in the Court at 11 o'clock a. m. and interest oover!ng personal J. Beckley as shown by the records After a further discussion Resoluti on: (~4995) A RESOLUTION to release principal .~roperty taxes standing in the name of Mrs. C. in the office of the Delinquent Tax Collector. ( Far full text of Resolution see Ordinance Book No. 9, page Mr, '~'inn moved the adoption of the ~esolution. Powell, and adopted by the following vote: AYES: ~essrs. Bear, Powell, "~inn and 'Wood --4. NAYS: None ---0. SEWER ~S~T: Mr. '~'inn 'brought to ?6). seconded by The motion was ~fr cm Mr. J. C. Nioewarner reques ting refund ing to ¢18.10 paid by ~he Home Owners Loan Corporation. i! The City Clerk is directed to o~cate with Mr. ihim if he will present abstract of title showing no assessment the attention of Council a communication for payment of sewer assessment amount- Nioewarner and to advise on this property, consideration by Council. attention of Co,mcil the question of provid- which question t~s previously been before the matter is carried over for amount paid will' be given Mr. ~owell brought to the space for the Law Library, irefund of the !, ! LIBRARY: ling additional ;.Co;;~cil. 'at a of the City M-~eger, In the absence later date. consideratioz STRg~ ¢0NoT~U~TION: of $5,000.00 for sidewalk beginning July l, 1935, under 8treat ¢on~truotion &ceount end in order to continue sidewalk work the account should $3,000.00 at this time. report fro~ the City Manager aavising that an item construotion a~ sho~ in the Budget for ~taoal year ~150, is about exhausted, be supplemented at least After a discussion of the question, Mr. ~inn offered the following 0rdtnanoe: (~4997] ~N 0RDIN~NCE to supplement Street Construction Account ~150, Construction", of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the B9th day of June, 1936, No. 4860, and entitled, making appropriations for the fiscal year beginning July 1, 1936, 50, 1957. - emergency "street "An Ordinance and ending June ( For full text of Ordinance see Resolution Book No. 9, page No. ??_ ). Mr. ~inn moved the adoption of the Ordinance. The motion was seconded good and adopted by the following vote: by AYES: Messrs. Bear, Powell, ¥inn and ~ood---4. NAYS: None ....0. · MISC~EOUS: Mr. Bear brought to the attention of Council the requirement of the Federal Government for documentary stamps on deeds or other transfer of property, the st,mps being obtainable only at the POst Office, suggesting that at the next meeting of Council, he would probably offer a Resolution asking that suf- ficient funds for the purchase of these stamps be appropriated as a .Petty Gash Fund and turned over to the Clerk of the Courts for purchase and sale of the Federal [:stamps for the accommodation of the public generaXly. Ii There being no further business, on motion of Mr. ginn, Council adjourned untili~: the next regular meeting on Friday, October 23, 1956, at ~:00 o'clock 305 APPROVED 3O6 COUNaXL, RE~rLA~ ME~TXN~, Frl~&y, 0otober 23, 1936. The Council of the City liRoo~ in the Municipal Building, the regular me et ing hour o PRESENT: Messrs. Bear, Powell, ABS~T: Mr. Winn ----1. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, MIi4UTES'. It appearing of Roanoke met in regular meeting in the Circuit Court F~i~ay, 0otober 2~, 19S6, at S:00 o'clock p. m., ~'ood, a.d the President, Mr. S~nall ---4. City Manager. that a copy of the minutes of the previous meeting having .been furnished each member of Council, upon motion of Mr. Bear, seconded by Mr. Powell, the reading is dispensed with, end the m~nutes approved as recorded. HEAHING OF CITIZENS UPON PUBLIC "MATTERS: None. PETITIONS ~ND C~CATIONS: STREET ~R0V~MENT: A petition signed by thirtee~ property owners a~king that Florida Avenue, N. E., between Hollins Road and Powhatan Street, a distance of one block, and Connecticut Avenue, N. E., between Hollins Road and Powhat a-_ Street, be The petition is some later ~mproved by treating with gravel and oil, was before Council. referred to date as to what can be the City Manager for investigation and report at done to remsdy the conditions complained of. INVITATIONS: A co~nunication from S. ~. Minter, President of the Roanoke Central Labor Union, :Executive Director of the Social in Roanoke on ~ctober 27, 19~, extendin~ to members of Council an invitation to hear .Mr. Frank Bane, Security Board of '~ashingto~, D. C., who will speak at the Jefferson High School Audi '~o ri, _-- at 8 o,clock :~' m., under the auspices of the Roanoke Ceutral Labor Union, was before Council. The City Clerk is directed to acknowledge receipt of the communication, advisin8 . ~hat all members of Council and the City Manager have been informed of the meeting, with the request that they avail themselves of the opportunity to attend, and to ~xp~ess Counc~_l_'s appreciation for the invitation. ~ SOUTH~'EST VIRGINIA MUSEUM: ~ communication from Mr. ~. Rylan_d Martin, Secretary of the Southwest Virginia Museum, submitting detailed statement of the plans and ; Purposes~ of a museum organization, was before Council. The c_r~m_ unioation is file~ fir future reference. ~ CC~PENSATION B0.ARD-COMMON~EALTH'S ~TTORNEY: A communication from the Board giving notice of the next meeting of the Board to be held on November 6, 1956, ; at i0 o,clock a. m., in Richmond, at which time the Council is extended an invitation to be represented in the fixation for the ~ttorney for the Commonwealth for ~ full membership not bein~ p~esent, Co~rpensat · the next regular meeting of Council, and the City City ~ttorney to be present at that time. !: COMPENSATION BOARD-CITY TREASURER: Copy of ClerE is directed to request the communication from the Compensation Board, lamchines in the office of the City Treasurer, !t The communication is carried over until Which time the City ~uditor is with reference to additional allowance of ~150.00 for repairs to tax billing was before Council. the next regular meeting of Council, at directed to appear in connection with the request. of the City of Roan. eke of salary and expenses the City of Roanoke,was before Council. the communication is carried over until R~0RTS uF OFFICERS: REPORT OF THE CITY MANACER: The City Manager submitted report lished and expenditures for week ending October 15, 1935. The report REPORTS OF COMMITTEES: PA~S AND ~LAYGROUNDS: The Farks and Playgrounds Committee following report, together with blue print, with prope~t y for o f work a c comp- is filed. submitted the reference to acquiring certain extension of the City's park system: "October 22, 193G, the Council of the City of Roanoke, Roanoke, Virginia, 'Supplementing report of your Committee on Parks and Playgrounds, consisting of H. S. Winn,. Chairman, W. M. Powell and ~. P. Hunter, submitted under date of August 28, 1936, recommending the purchase of the Rogers Estate, known as 'Buena ¥ista", containing approximately 1~.68 acres, for a price of $27,8~.00, and a plot of land adjoining Woodrow Wilson High School, from the ~est Raleigh Court Land Company, containing approximately 9.02 acres, at a price of $15,000.00, we now recommend that the City also purchase land known as Springwood Park, containing approximately 10.04 acres, located in the Northwest near the corporate line of the City of Roanoke, at a price of $5,100.00, all purchases to be upon approval of the freeholders to issue bonds for the payment of same. contingent "Your Committee has on file options covering the three properties in question. 'Your Committee further recmmnends that necessary steps be taken for petition- lng the Court to call an election for the issuance of Bonds for the purchase of the three properties. ( Si~med ) "Respectfully submitted, H. S. ~inn, Co,,~cilman, W. M. Powell, Councilman, '~',,. P. Hunter, City Manager." Gonsideration of the report was deferred until the last order of business of the meeting, it being suggested that Council recess in the meantime. This procedure having been followed, after the disposal of other matters before Council'and a recess, tho report was a~in before the body and discussed, it the consensus of opinion that with the adoption of the report the same should be ll referred to the City Attorney for drafting of Ordinance petitioning the Court for t:'writ of election for the issu~Jaco of bonds for tl~ purchase of the three proporties in question; whereupon, Mr. Bear moved that the report of the Parks and Playgrounds Committee as subm~.tted be received and concurred in by the Council of the City of Ros_noke. The motion was seconded by Mr. ~ood, end adopted by the following vote: AYES: Messrs. Bear, Powell, Wood, and the President, Mr. Small--4. NAYS: None .... 0. ( Mr.. Mr. Bear moved tha~ the report be of necessary Ordinance, preparatory to issuance of bonds for the purchase of the three properties in question, such referendum to be concurrent .mith referendum to be later of the Roanoke ~ater ~o~km and adopted by the AYES: Messrs. NAYS: None .... 0. ~inn absent ). referred to the City Attorney asking the Court for writ of election for requested for The motion was seconded for preparat ionl co nd emnat ion by Mr. ~ood, Company prop crt y. following vote: Bear, Powell, ~ood, an~ the President, Mr. o~nall ----4. UN~INI~ BUSINESS: REAL ESTATE: A communication from J. N. Boswell, Jr., President-Treasurer of the Boswell Realty Company, having previously been before Council and carried over again was real estate have come to his attention before the body, the City Manager aavising that no reports of vandalism of trouble about The City recently, with the exception of a little to acknowledge receipt of the ccmznunication and to ten days ago. Clerk is directed 307 05 suggos~ to Mr. Boswell that ho bring thio ~uootion to tho attention of OounoiX asai] on ~eoembe~ l, lg36. Xn the moanwhile, tho City Manager io directed ~o ~eo~ a check on the Department of Police for reports o£ thio mture. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDIN~CES AND RF~LUTIONS: None. MOTIONS AND MISCELLANEOUS BUS~S: BUSSSS-SAFETY MOTOR TRANSIT CORPORATION: ~r. Wood made inquiry of the Oity ~Manager as to his progross in the study of bus Street on Patterson Avenue. !by residents in the vicinity of 18th ~will report at a later date. transportation previously petitioned The City Manager STRR~ET IMPRO~: The City Manager brought to the attention of Council descriptions of three pieces of property paralleling Yellow Mountain Road in the ~vtcinity West of 5th Street, South Roanoke, to the city limits, as submitted by Mr. ¢. R. ~'illiams and offered to the City for Street widening purposes in order that the present Yellow Mountain Road may be widened as a fifty food street. After a discussion of the question, Mr. Bear moved that the City Clerk be directed to advise Mr. C. R. Williams that upon delivery of fee simple deeds and abstract of titles showing the property free from eno,~brancee, covering the ten foot strip of land on each side of the present Yellow Mountain Road from the vicinity of 5th Street, South Roanoke, to the city limits, that the City of Roanoke will accept the follo~.ng vote proper ay. The motion was seconded by Wood, and adopted by the AY~S: Messrs. Bear, Powell, NAYS: None .... 0. Wood, and the President, Mr. Small--4. APPALACHIAN ELECTRIC POWER COMPANY: The President, Mr. Small, brought to the attention of Council the question of contract with the Appalachian Electric Power Company for street lights, which expires on December 5, 1936, and suggested that a special meeting be called within the next week or two for consideration of this quest ion. The City Clerk is directed to acquire information on. lighting u_n_der consideration from other municipalities for the information of Council. COUNCIL: The City Clerk is directed to prepare necessary Resolution or Ordinance as the Charter may prescribe, changing the meeting day of Council from 3:00 o'clock ~p. m., on Friday, to 2:00 o'clock p. m., on Monday, effective as of January 1, 1937. COMPLAINTS: Mr. S. A. Duerson appeared before Council amd registered complaint language used by members of a W~A force construct- So,th Roanoke, and asked that investigation be mad !of treatment received and abusive i'ing sidewalk on Richelieu Avenue, crew of forty-five men laying an and that the 'of the affair, Mr. Duerson complaining that the £ ,eighty foot sidewalk stopped work and assumed a threatening attitude, ,form~m on the job made no move to make the m~n go l~ck to work. The complaint is referred to the City Manager for investigation and if it ! app ears [he is directed to request There being no further necessary to obtain a full and complete report to have.Mr. Duerson attend, the attendance of Mr. Duerson. business, on motion of :Mr. Bear, Council APPROVED adjourned. COUN(X L, REGULAR f_~_-ETING, Frlde~, 0otober 50, 1936. The Council of the City of Roanoke Room in the Municipal Building, Friday, the regular meet ing hour. PRESENT: Messrs. Bear, Powell, ABSEnt: None ---0. met in regular meeting in the Circuit Court ootobe~ 30, 1956, at 3:00 o'clock p. m., ~ood, and the President, Mr. $m~11--5. OFFICERS tRESENT: None (Mr. W. P. Hunter, City Manager, absent). MINUTES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Bear, seconded by ~r. Wood, the reading is dispensed with, and the mtnutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTER~: BUSSES-SAFETY MOTOR TRANSIT COHPORATiON: Mr. C. H. Pet ers appeared b efore Council with reference to petition previously submitted aeking for bus transporta- tion in the vicinity West of 18th Street on Patterson Avenue. The President, Mr. Small, advised Mr. Peters that the question has been referred to the City Manager for investigation and report and that his absence from the City had prevented sub- mission of the report, but the request was being pursued and some relief should be forthcoming in the near future. ZONING-BUILDINGS: Mr. Oscar A. Wall appeared before Council and submitted communication with reference to building owned by the Southern Chemical Company on 7th Street, N. E., designated for tax purposes as ~3050217, stating that the said building formerly used for manufacturing fertilizer is now Ordinance as Heavy Industrial, and he has received aavice designated in the Zoning should the present building be demolished and a new building erected for the same fr~n the Building Inspector business, a request would have to be submitted to City Council for a permit as .i provided for in Article Vi, 'Section 1, of the Zoning Ordinance. i Mr. Wall asked that Council grant a permit for the construction of a new i{ building on the ssme location for the manufacture of fertilizer in that States Cooperative of Richmond, Virginia, location. It was the unanimous opinion of c ont emplat e s Council that Mr. Wall should confer with the the Southern! establishing a plant at this :! :! Board of Zoning Appeals with reference to the request, and if proper relief was not granted by the Board, Council would take such action as seems necessary. The above subject having been temporarily disposed of, Council recessed for a brief period before cpnsideration of petitions and communications. PETITIONS AND CC~YNICATIONS: ELECTRIC P0~R: The City Clerk is directed to obtain amd bring before Council newspaper clipping showing reduction in rates as put in effect by the Appalachian Power Company during the past twelve years. ROANOKE GAS LIGHT C~Z~PANY: Application for permit to open Grayson Avenue, ion a 2 inch Manager. N.W.,i the East side of 15th Street, Nest approximately 115 feet for purpose of laying gas main, was before Council, the request having been approved by the City Bear moved that Council concur in the recommendation of the City Manager, 309 and offered the following Reaolution: (~4999} A RE~LUTION ~ranting a pemit to the Roanoke Gas Light Company to gas main in Grayson Avenue, ( For full text of Resolution see Urdtmanoe Book No. 9, page 78 ) o Mr. Bear moved 'the adoption of the Resolution, and adopted by the following vote: The motim was AYES: Messrso Bear, Powell, NAYS: None .... 0 ° ~inn, Wood, and aec onde~ by Mr the President, Mr. Small--5. ROANOKE GAS LIGHT CGMP~: Application for permit to open P~th Street, N. W., ifrom 24th Street ~est in alley between Shenandoah and Center Avenues to house about 150 feet, for purpose of laying a 2 inch gas main was before Council, the of the City Manager, (~5000) A RESOLUTION granting a permit to the Roanoke Gas Light Company to !reques~ having been approved by the City Manager. Mr. Bear moved that Council concur in the recommendation and. offered tho followlng Rosolutton: :install a gas main in P~th Street, N. ~,~. ( For full text of Resolution see Ordinance Book No. 9, page 79. _). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Ninn, and adopted by the following vote: AYES: Messrs. Bear, Powell, Ninn, Need, NAYS: None --~0. an_d the President, Mr. Small--5. for permit to open 3rd Street, N. E., ROANOKE GAS LIGHT C0~PANY: Application from present end of main 100 feet South to Harrison Avenue, Nest on Harrison to #221~ about 125 feet to dead end, was before Council, the request having been approved by i the City Manager. Mr. Bear moved that Council concur in the. recommendation of the City Manager, and offered the following Resolution: (~5001) A RESOLUTION granting a permit to the Roanoke Gas Light Company to install a gas main in 3rd Street, N.E. ( For full text of Resolution see Ordinance Book No. 9, page 79 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. Ninn, and adop, ed by the following !. i AYES: Messrs. Bear, Powell, ~inn, NAYS: None --0. vote: good, and the President, Mr. Small--5. EIND WORDS: A communication from L. E. Lookabill suggesting that Council direct the writing of a letter of appreciation to Joseph Moore, ~lored, for rescuing occupants of a house on Gregory Avenue, N. N., during a fire, was before Council. The communication is filed. MERCHANT'S LICENSE: A request for transfer of Merchant's License No. 3068, issue ( For full text of Resolution see Ordinance Book No. 9, Mr. ~in~ moved the adoption of the Resolution. . iPowell, and adopted by the following vote: page 80 ). The motion was seconded AYES: Messrs. Bear, NAYS: None---0. Powell, Ninn, Need, by Mr. and the President, Mr. Small--5. ii in the name of Ellis Assaid to G. T. Assaid, was before Council, the City Manager "having al:~roved the transfer. i Mr. i~inn moved that Council concur in the rec~mendation of the City Manager, }and offered the follow~ Resolution: iii~ (~5002) I RESOLUTION authorizing transfer of Merchant's License No. g068, ?issued:. on the 10th day of August, 1956,. in the name of Ellis Assaid, to G T. Assaid HERGHART'5 LXC~NSE: & request for transfer of Merohant'B License No. issued in the name of G. W. Ferguson to Rena Lawrence, was before Council, the City Kane6er having approved the transfer. Hr. ~i-_, moved that Council concur in the reo~nmendation of tho City Manager, and offered the following Resolution: (~500~} A RESOLUTION authorizing transfer of Merchant's License No. 2585, issued on the 24th day of June, 1936, in the name of G. ~. Ferguson, to Rena Lawrence. ( Fo~ full text of Resolution see 0rdinanoe Book No. 9, page 80~). Mr. ~inn moved the adoption of the Resolution. The motion vas seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Pews11, ~inns ~ood, and the President, 'Mr. Small--5. NAYS: None---0. MdY/~CHANT'S LICENSE: A request for transfer .of Merchant's License No. 3~83, issued in the name of Pasley Produce Company to William Lupowitz, trading as Boon Produce CompaDy, was before Council, the City M~nager having approved the transfer. , Mr. Winn moved that Council concur and offered the following Resolution: in the recommendation of the City Manager, (~5004) A HESOLUTION issued on the 28th day of authorizing transfer of iderchant's License No. 3583, October, 1936, in the name of Pasley Px~duce Company, to ~illiam Lupowitz, trading as Boon Produce Company. ( For full text of Resolution see Ordinance Book No. 9, page 81 Mr. ~inn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Fowell, ~inn, ~ood, NAYS: None ---0. and the ~resident, Mr. Small --5. REPOHTS OF OFFICERS: REPORT OF TPI~ CITY ;,~,ANAGER: Report from the City Manager for work accomplished. and exl~nditures for week ending October as sixty-three cents per cubic yard, was 22, 1~36, showing cost of garbage removal before Council. The report is filed. CURB ,~ID GUTTER CONOTRUCTION: A communicaticm from the City Manager reporting that funds appropriated for curb and gutter construction under the W~A p~mgrsm is ~ractically exhausted and requesting a supplementary at~r~xiation of $5,000.00, 1! was before Council. The City Clerk is directed to dra.ft proper Ordinance in~reasing th~ origina~ appropriation $$,000.00 for co~-ideratxon of Council at its next regular meeting on Thursday,. November 5, 1956. ~I~IUAL REPORTS: The City Clerk presented annual re~orts, for various in the City as submitted by the CityManager. departments being advanced that a Z~PA project might be approved for m~meogra~hing DELINQU~ TAXES: The City Clerk having been requested to submt, t The Clerk is directed to confer with the City Manager with a view of submittin~ recommendation to Council with respect to publication of these reports, the tlDught ~i~ same · i. ocmparat ire figures for ool.lectton of delinquent t~J:es, mtlanitted repo~q; sl~wing the follo'~l, ng ii,~ collections for periods of July 1st to October lst: 19~ - 5,746.~5; 19~ - 8,640·~,; 1934 - 20,8i!.~.0; 1935 - ~,1~1.~5; 1936 - ~4,595.19. The report is fil~l. 311. 312 AIRPORT: Mr. Bear, Chairman of the Airport 0ommlttee, advised that him committee has not aa yet fornmlat®d a relx~t for submission to Council and aake~ that the matter be oonside~ed by the full membership at a 5Racial Meeting to be called for that purpose, probably at the same time the meeting is ~o be held for consideration of the electric lighting contract. It was the consensus of opinion of Council that-this Should be done. COMP~ttSATION BOARD-TREASURER: A communication from the Compensation Board with reference to additional allowance of $150.00 for repairs to equipment in the office of the Gity Treasurer having previously been before Council and the City 'Auditor requested to appear for an explanation of the item, was again before Council, The question having been previously settled by the Auditor prior to the meeting of · Council, the c~nmunicatlon is filed. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COMPENSATION BOARD-COMMON~AI.TH'S ATTORNEY: A communication from the Compensa- 'rich Board setting November 6, 1938, for hearing on the question of fixing salary for the Commonwealth's Attorney for the City of Roanoke having been before Council .at a Previous meeting and laid over awaiting the again before the body, a Resolution opposing any !prepared for presentation to Council. :~i The Resolution as drafted was reviewed by mmnbers of Co,moil ami after a discussion of the question and suggestions made as to certain changes, Mr. 1/inn offered the following Resolution: presence of a full membership, was increase in the salary having been A RESOLUTION opposing any increase in the salary of the Attorney for Commonwealth of the City of Roanoke for calendar year 1937. ( For full text of Resolution see Ordinance Book No. 9, page 77 . Mr. ~'inn moved .the adoption of the Resolution. ) The motion was sec~r~ed by .Ltr. ~'ood o :~ Mr. Bear offered an amendment to be substituted for the original 'as introduced. (See copy on file in the office of the City Clerk.) Resolution Mr. Bear moved the adoption of the amendment. There being no second to the · ~endment for a discussion. The original L was as introduced by Mr. Bear, the Question failed to. come before the body Resolution as introduced by Mr. Winn and seconded by Mr. ~ood thereupon adopted by the following vOte: AYES: Messrs. Powell, Wi_n_~, Need, and the Preside.hr, Mr. Small---4. NAYS: Mr. Bear---1. COUNCIL-~m.~TINGS: The City Clerk having been directed to prepare Ordinance or ;, tesolution changing regular meeting dates of Council from Friday, at S:OO o,olock p. m., to. Monday, procedure heretofore followed by in accordance with instructions, her etofore followed. iAfter a review at 2:00 o,clock p. m., submitted Resolution embodying rules of Council, the meeting date and hour being incorporat this being the only change in the rules of procedure Unanimous opinion that of the Resolution by members of Council, and it be~ ng the the the Monday meeting date would be more convenient to all 313 membez~ of Council, the pzess and the Res olution: (~5005) A RF~0LUTION :pzesoribing days and hours of the Council, Roanoke. C For full text of Resolution 0ity Clerk, M~. Bear offered the f~llo~z~; rules of procedure, and fiz~ng the meeting pursuant to Charte~ provisions of the City of see 0rdlnanoe Book No. 9, page 81 . ) Mr. Bear moved the adoption of the Resolution. The motion was seconded Winn, and adopted b7 the following vote: AYES: Messrs. Bear, Powell, Winn, Wood, NAYS: None---0. MOTIONS AND MISCELLANEOUS BUSINESS: and the by President, L~. ~aall---5. MISCELLANF~US-CLERK OF THE COURTS: Clerk is directed to request Mr. R. J. At the suggestion of Mr'. Bear, the City Watson, Clerk of the Courts, to appear before Council at its next regular meeting on Thursday, November 5, 1936, at which time a Resolution will be presented for establishing a petty cash fund in th~ office of the Clerk of the Courts for the purchase and sale of internal revenue stamps for the convenience of the public. TAXES-LAND BOOKS: The President, Mr. Small, brought to the attention of Council information submitted to him showing the mechanics of equipment inc[ dent to the writing of land books and tax tickets in one operation. The question was discussed, it being the consensus of opinion that the ~uestion should be pursued further and at the proper time representatives of companies manufacturing the machinery be invited to appear before Council for presentation of the information pertinent to the question. LICENSE-AUTOMOBILE TAG~: At the suggestion of the President, 'Mr. Sm-ll, the City Clerk is directed to confer with Mr. C. E. if Council has authority to adopt an Ordinance Hunter, City Attorney, to imposing a fine on persons ascertain giving fictitious addresses for the purchase of state automobile license tags in order to avoid the purchase of city tags. COUNCIL ~ETING: Mr. Wood advised that it wO~ld be inconvenient for him to attend Council meeting at the regular hour on Friday, November 6th, and asked that the meeting date be changed to Thursday, November 5th. The suggested Thursday meettng date appearing to be convenient to all members of Council, end there being no further business, on motion qf Mr. Bear, Council adjourned to meet on Thursday, November 5, 1936, at 2:00 o'clock p. m. APPROVED 314 COUNCIL, AD~0U~ED MEETING, Thursday, November 5, 1936, The Co,,,ncil of the City of Roanoke met in Adjour.~ed Meeting in the Circuit Oour ~Room in the Municipal Building, Thursday, I PRESENT: Messrs. Bear, Powell, Win_n, November 5, 19~6, at 2:00 o'clock p. m. Wood, and the President, Mr. Small --5. ~BSENT: None .... O. OFFICERS PRESENT: Mr. W. P~ Hunter, City Manager. MINUTES: It appearing that a copy of the minutes ~f the previous meeting having been furnished each member of Council, upon motion of Mr. Bear, seconded by ~ ~is dispensed with, and the mtnutes 8pproved as recorded. HEARING OF CITIZENS UPON PUBLIC IJATTERS: Wood the reading ZONING-BUILDINGS: Mr. Oscar ~. Wall appeared before Council and presented communication from the Board of Zoning Appeals, with reference to erecting building ;:for the manufacturer of fertilizer on Lot No. 303021?, located on ?th Street, N. E., the Board of Zoning Appeals having directed I,~. Wall's attention to Article Vi, Section 2, providing that application for non-conforming use be male to the City iCouncil, and prescribing for a public hearing after fifteen days' published notice in a newspaper. On motion of Err. Winn_, Clerk is directed to advertise for public seconded by Mr. Bear and unanimously adopted, the City hearing on the question, giving a fifteen ,! 'days' notice as provided for in the Zoning 0rdinence. BUSSES-SAFETY MOTOR TRANSIT CORPORATION: M~. R. D. Cassell, representing the Il .Safety ~otor Transit Corporation, appeared before Council at the request of the City Manager, with reference to petition previously submitted by citizens in the vicinttyi:! ::-~est of }8th Stre? on Patterson ~ven.ue asking' for bus service, ~[r. Cassell asking that definite actl°n be P°stp°ned until the ~eturn °f h~r' W' H' H~Orn' the ~anager of the =ompany, who has been absent from his office due to illness. i The Question of rerouting busses in that vicinity was discussed and by' .consent of Council final action postponed until the next regular meeting of the body on Friday, November 13, of the Bus Company is requested to appear prepared to discussion. 1938, at which time Mr. Horn or some other representative solve the question under PETITIONS .~=ND COMMUNICATIONS; ~LLEYS: ~ communication from Fowlkes & Kefauwer, Inc., together with deed from R. J. Baldwin and Maude G. Baldwin, his wife, conveying to the City of Roanoke an alley running from 6th to ?th Streets, between Wycliff and Carolina Avenues, South Roanoke, was before Council, the City Manager rec~ending that the conveyance be accepted by the City. ~ On motion of L&r. Bear, seconded by i~4r. ~ood, the City Manager is directed to accept the deed for the alley in Question on terms outlined, $5.00. the c onsi deration being plat of the alley in ~ The City Manager is further directed to have prepared !question for attaching to the deed before same is placed in line for Ii STREET IM~ROV~IT: ~ petition asking that Bernard Avenue, S. bY applying stone and asphalt oil binder, was before Council. rec ordat ion. E., be improved The petition is referred to UNITED STATES CONFERENCE OF MAYORS: A oomsamication Conference of Mayors, together with program for the Annual Washington on November 16-18 communication i s the City Manager for appropriate action. from the United States Conference to be held in at the Mayflower Hotel, was before CounoLl. The filed. MERCHANT,S LIC~ISE: A request in the name of p. T. Rhyne, to B. C. Gulledge, was before recommending that the transfer be made. Mr. Bear moved that Council concur in the recommendation of the and offered the following Resolution: (~50061 A RESOLUTION authorizing transfer of Merchant,s License issued on the 14th day of September, 1936, in the n,me of P. Gulledge. for transfer of Merohant,s License No. ~444, iss~'ed Council, the City Manager City Manager, No. 3444, T. l~hyne, to B. G. ( For full text of Resolution see Ordinance Book No. 9, page 83 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~inn, and adopted by the following vote: AYES: Messrs. Bear, Powell, NAYS: None .... 0. Winn, Wood, and the President, ~. Smal 1 ---5. REPORTS OF OFFICERS: REPORT OF THE CITY MANAGER: The City Manager submitted report of work accomplished and expenditures for week ending October garbage removal as fifty-six cents. The report is filed. AIA~HOUSE: the Almshouse for the month of 0ctober~ 1936, showing a cost of $59A.75. The City Manager is directed to notify the Director of the Department Public ~,elfare to show on future reports comparative figures for the and the Previous year. 1936, showing cost of The Department of Public ~'elfare submitted report for operation of previous month The report is filed. POLICE DEPARI~: Report showing operation of the Police ~ourt for the month of September, 1936, was before Council. CLERK OF COURTS: Mr. R. J. Watson, Clerk of the Courts, [nvitatio~ of Council with reference to handling Internal'Revenue ~or the convenience of the public. Mr. Watson expressed his willingness ~o:mcil m~ght appropriate for the purpose, ~ram-~acti OhS required. to handle the stamps providing there were Department and Police I The report is filed. appeared at the Stamps in his in such amount as no bookkeeping )epartment requires a record iirected to investigate the requirements )rocedure. CITY TREASURER: L936, office ~or The question arose as to whether or not the requirements of the Internal Revenue of all t~amsactions; mhereupon, the City Clerk is and report back to Council the necessary The City Treasurer sUbmitted report for the month of October, showing collections of $57 ,119 .06 , as compared with collections of $52,1~6.73 the same period last year. The report is filed. REPORTS OF C .o~_',tITTEES: None. UNFINISHED BUSINESS: Nome. } CONSIDERATION OF CLAiNS: !i ' C0~[PANY: Invoic~ amounting to $8,063.23 covering e.xpen.~es ROANOKE ~ATER ~0RKS ~ncurred by representa$iv~s of the City of Roanoke in opposing the application of She Roanoke Water Works Company for increase in rates before the State Corporation 315 316 Commission, were before Council, it being the mnaensus, of opinion of Council that the invoices should be paid. It was brought to the attention of Council that the Budget did not l~OVide for sufficient funds for the payment of these amounts; whereupon, M~. Bea~ offered the following amendment to the Budget Ordinance in order that sufficient funds might Ibc available for the payment of the invoices heretofore mentioned: (~5007) AN ORDINANCE to -mend and reenact Section ~1, "City Council~, of an ~0rdinance adopted by the Council of the City ,of Roanoke, Virginia, on the ~gth day of June, 1956, No. 4860, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1936, and ending June 30, 1937." ( For full text of 0rdina~ce see Ordinance Book No. 9, page.83~ ). .; Mr. Bear moved the adoption of the !Wimp, and adopted by tho follo'~I, ng vote: 0rdi nanoe. The motion was seconded by Mr. AYES: Messrs. Bear, Powell, Jinn, ~'ood, and the President, Mr. Small--5. NAYS: None .... 0. R0.hNOKd i, ATER .,0Ri[S ~0!dlANY. Sufficient funds having been appr°priated by ~.0rdinance No. 5007 to provide for the payment of claims anou_nting to $8,063.23, ipreviously submitted, i.~. Bear offered the following ~esolutiom: · ~lty ..uditor to draw warrants anounting to (~5008) = ~:.,ouLU=~CN directing the ~' ,8,063.23, covering invoices representing charges incident to application of the Roanoke .,ater ,',orks Company for increase in rates before the State Corporation Comau% ss ion. ( For full text of Resolution see Ordinance Book No. 9, page 84 ). Mr. Bear moved the adoption of the hesolution. The motion was seconded by Llr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Powell, '~inn, ~ood, and the President, ~r. Small--5. NA%B: None .... 0. In this connection the City Clerk is directed to request the City Auditor at !the direction of Council to keep a running account showing the cost of the ~ater Company's hearing before .the State Corporation Commission for rate increase, it ibeing the thought that such expenses might later be included as capital expenditures of the b'ater Works, and that the General Fund of the City be reimbursed. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CURB AND GUTTER CONSTRUCTION: The City Clerk having been directed to draft amendment to the Budget 0rdinamce p~oviding for an additional appropriation of $3,000.00 for Curb and Gutter construction, brought same before Council, Mr. ~inn offering the following Ordinance: (#5009) AN ORDINANCE to amend and reenact Section #150, "Street Construction", of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 19th day of October, 1936, No. 4997, and entitled, "An Ordinance to emend and reenact Section ~150, "Street Construction", of an Ordinance adopted by the Council ,.of the City of Roanoke, ~ entitled, "/in Ordinance 1,1936, and ending June Virginia, on the 29th day of June, 1936, No. 4860, and making appropriations for the fiscal yea~. beginning July 30, 1937 ." iNood, and adopted by the I AYES: Messrs. Bear, ~ NAYS: None .... 0. ( For full text of Ordinance see Ordinance Mr. Winn moved the adoption of the 0rdinence. following vote: Powell, ~'inn, Nood, Book No. 9, page 84 ). The motion was seconded by Mr. and the President, .Mr. Small--5. i! TAXES-REFUNDS AND REBATES: Head Taxes standing in the name Council, Mr. The question of releasing of A. A., McDonald, deceased, Powell offering the following Resolution: A RESOLUTION directing the releasing of Personal Personal Property and was again before Property and Head Taxes, standing in the name of A. A. McDonald for the year 1936. ( For full text of Resolution see Ordinance Book No. 9, page 85 ). Mr. Powell moved the adoption of the Resolution. The motion was Seconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Bee~, Powell, ~inn, Wood, and the Fresident, ;,Ir. Small--5. NAYS: None .... 0. MOTIONS AND MISCEI/~0US BUSINESS: INSURANCE: The City M-nager brought to the attention of Coun_cil the Question of. insurance policies about to expire on City property, and asked that Council adopt some policy of handling same. A committee from Council having been appointed for investigation of this question, 'the m-tter is laid over until the next meeting of Council, at which time the committee will submit report and recommendation. STREET '~IDENING: The City Manager brought to the attention of Council, and submitted, sketch showing a Highland and Murray Avenues, of land now owned by J. S. Mahone, proposed street widening project on 12th Street, between S. E., the City being offered a 10 x 150 foot strip in exchange for constructing Curb and Gutter at . an estimated cost of $165.95. After a discussion of the question it was agreed that probably the best method would be for the City to acquire the strip of land in question for the price of ~ ~188.95 and that Mr. Mahone be required to deposit a like amount with the City for Curb and Gutter construction. On motion of ldr. Bear, seconded by ~r. Powell and unanimously adopted, the City Manager is authorized to consummate negotiations with Mr. Mahone for the strip of land in purposes, e~d that CO nveyan C e. STREET WIDENING: question at a price of $168.95, to be used for street widening the City Attorney be requested to prepare the necessary deed of The City Manager brought before Council a proposed project for widening Moorman Road between 18th and 20th Streets, N. W., the property owners having agreed to donate a ten foot strip of land in exchange for Curb and Gutter and Sidewalk tG be constructed by the City. The question was discussed somewhat at length, it being the consensus of opin~ on that deeds of conveyance should be taken from the sixteen property owners involved, but that the City Attorney now in the midst of hearing of the Roanoke Water Works rate increase before the State Cc~poration Comm~ ssion did not have sufficient tim~. for the preparation of same, which would necessitate the employment of an ~ttorney for preparation of deeds amd ex~mination of titles. · The City Manager is authorized to confer with the representatives of the .' property owners, advising if they will contribute a total amount of $50.00 to defray the expenses of preparing deeds and abstract of titles, the City will like amount. ' BUILDINGS: The City Manager reported that G. B. West End Market belonging to the City, had agreed to $40.00 to $45.00 with the understanding that l.request ed. contribute a Garst, renting property at the~ the raising of his rent from the City would make certain repairs 317 Tho City Manager is directed to ascertain If thoro are sufficient funds avallab in Account ~116, "Maintenance of City Property', for the repairs in question eotimated to cost $350.00, it being proposed to make the necessary repairs aa previously discussed, with the understanding that M~. Garst will aig~ a twelve nonths' lease at a rental of $45.00 per month. VIRGINIAN RAILEAY COMPANY: The City Manager submitted Blue Prints showing sncroaehment of the Virginian Railway Company on City property in Highland Park and Clark Avenue, showing .04 acres encroachment on Clark Avenue and .025 acres in Eighland Park. ! After a dis tussles directed to communicate of the question, Mr. Bear moved that the City Manager be With the Virginian Railway Company requesting that it advise The motion was What steps the Railway Company proposes to take to correct the encroachment in Highland Park and building a retalnimg wall to protect Clerk Avenue. Seconded by Mr. ~inn and unanimously adopted. i' PARKS AND tq.~YGROUNDS-BOR~D ISSUES: The City Attorney, Mr. C. E. Hunter, reporte~ the receipt of a communication l~om the City Clerk with reference to preparation of Ordinauce necessary ? calling on the Court for a writ of election for the issu,~ce of bonds to purchase property for parks and playgrounds purposes previously re- commended by a committee appointed from Council, advising Council that it ~uld be necessary to include in the form of bond the rate of interest and the denomination of the bond. i. In this connection, the President, !. Mr. Small, and a member of the Sinking Fund .e Commission, reported that at a meeting of the Sinking Fund Commission it had agreed that any bonds issued by the City for the purchase of land for parks and playgro,,nds purposes would be acquired by the Sinking Fund Commission, it being suggested that the bonds would be three percent serial, the entire issue to mature within twenty years. It was also reiterated that any writ of election for the issuance of bonds for on the Question of condemnation of the Roanoke ;iater ;jerks Company. parks and playgrounds purposes should be held concurrently with the writ of election ROANOKE WATF~R ~ORKS COMPANY: The City Clerk reported a telephone conversation iwith Er. C. E. Moore, Manager of the Roanoke .~ater ~,orks Company, asking that the ~Question of the City assuming respormibility for payment of water bills of persons .on Charity be brought before Council, and that some policy be adopted for :of such bills upon certification by the Department of Public ~elfare, the ition requested in order that his company might determine ~to the Community Fund. :~ The City Clerk is directed to advise i, hr ~oore that this is a matter duly seconded, to hearing in !for the ,,ater Company to determine. i! There being no further business, on motion, :,to oonl'er with the City ....ttorney with reference Company for increase in rates. Of the Roanoke ,ater -orks APPROVED the payment inform_-- its policy in subscribing Council Richmond of policy ad j ourn ed on application President COUNCIL, REGULAR MEETING, Friday, NovemBer 15, 1956. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, the regular meeting hour. Friday, November 13, 1956, at ~:00 o,clock p. m., PRES~IT: Messrs. Bear, Powell, ~'inn, Wood, and tha President, ~Lr. Small--5. ABSE~2: None .... 0. The. President, 4L~. Small, presiding. OFFICERS PRESENT: Mr. ~'. P. Hunter, city Manager. MIh~dTES: It appearing that a copy of the minutes of the previous ms eting having been furnished each m_~mber of Council, upon motion of ~,~. Powell, seconded by ~r. Bear, the reading is dispensed with, and the mtnutes approved as recorded. NEARING OF CITIZENS UPON PUBLIC MA~TERS: REAL ESTATE: Messrs. J. W. Boswell, Jr., Murrell F. Weaver and others appeared before Council asking that special officers be appointed to watch real estate to .~ prevent vandalism, recalling that four men were assigned to this duty last winter and that three were relieved during the spring months. The question was discussed somewhat at l~gth, the delegation being assured that the matter would be given further consideration with a view of rendering assistance for sixty or ninety days. The City Manager is requested to issue instructions that the police radio cars assist in patrolling sections where vecant property exists. He is also authorized to assign one additional man to this work. If sufficient funds are not available for the 'employment of the additional man assigned for this purpose, the City Clerk is directed to bring befor, e Council at its next meeting amendment to Ordinance providing for the additional appropriation. STORM DRAINS: ~r. J. H. Likens appeared before Council and presented communica- tion offering necessary land for the enlargement of storm drain at 80? - Fifth Avenue, N. W. The' communication is referred to the City Manager for investigation as to cost, and report. PETITIONS ~ND C0_~_$~JNICA~IONS: .1 R0~NOKE WATER WORKS C0~AR~: Request from the Roanoke Water Works Company fer I permit to open East side of llth Street, S. E., frGm Murray Avenue to Bullitt Avenue for a distance of approximately, 55G feet, for the purpose of laying a 12 inch water main, was before Council, the City M~nager recommending that the permit be granted. M~. Winn moved that Council concur in the recommendation of the City Manager, ami offered the following He'solution: {~5~11) A RESOL~£ION gr,nting a permit to the Roanoke Water Works Company ~o lay a water main in llth Street S E. ( For full text of Resolution see Ordinance Book No. 9, page ~._). . Winn moved the adoption of the Resolution. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs~. Bear, Powell, Winn, Wood, and the President, I.~-Ir. Small --5. NAYS: None .... 0. CROSS-OVER: Application from C. ~'. Lackey for permit to construct a cross-over 319 320 to acaomm~date property at llSO Jamison Avenue, S. E., was before Council, the ~ity Manager recommending that the per,nit be granted. Mr. Bear moved that Council concur in the recommendation the City Manager~ and offered the following A RESOLUTION Reaolut ion: granting a permit to C. W. Lackey to Construct a concrete cross-over to accommodate property at 1120 Jamtson Avenue, S. E. ( For full text of Resolution see Ordinance Book No. 9, page 86 ). Bear moved the adoption of the Resolution. The motion was seconded by [Winn, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, good, and the President, ~Lr. Small--5. NAYS- None .... 0. STREET ~'ID~ING: A communicati~on signed by C. B. Cole, Cecilia Cole and the First National Exchange Bank, Trust'ee under th~ will of L. D. Daniel, offering to !convey to the City of Roanoke a ten foot strip of land on ~he Southeast corner of Franklin Road and First Street for street widening pu~. poses upon certain considera- tions and conditions, was before Council. The communication is referred 'to a oommittee composed of Messrs. the City Manager, appointed t o consider the proposition and submit report and re~omm_ endaticm, to Council prior to Dc-member 80, 1936, the expiration date of the option. Wood, Wi~ and REFL~qDS ,d~VD R~HATES: A commum_icati~_~ from the City Treasurer, requesting that refund be made to W'. K. Allen, a resident of Roanoke Cou__nty, amounting to $13.91,- representing Personal Property taxes for the 7~ar 193~, paid to the City in error, was before Council. The request having been investigated -nd found correct, Mr. Ii'inn offered the following P~solution: i~ (~5013) A RESOLUTION authorizing refund to W. K. Allem amounting to $13.91, ¢overi~ Personal Property Taxes assessed in error. ( For full text of Resolution see Ordinance Book No. 9, page 87 _). M~. Winn moved the adoption of the Resolution. The motion was seconded by I~. Need, a~d adopted by the following vote: AYES: Messrs. Bear, Powell, Winn, Wood, an~ the President, Mr. Small--5. NAYS: None .... 0. REFU~[DS ~ REBATEs: A communication from the Commissioner of Revemue, asking :~ithat refund be made to Sallie ~. HurDman amounting to $2.00 covering penalty paid i':on Personal Property Taxes for the year 1936, was before Council, the said penalty i':having been added in error. The request for the i!htr. ':./inn offered the following Resolut ion: refund appearing to be in order, (~5014) A RESOLUTION to r el~mnd Sallie J. Huffman $2.00 covering penalty paid ~:on Personal Property Taxes, '~i bit. ~inn moved th~ adoption of the Resolution. ,Bear, and adopted by the following vote: AYES: Messrs. collected in error. For full text of Resolution see Ordinance Book No. 9, page 87 ). The motion was seconded by Mr. Bear, Powell, Winn, Wood, and .the President, I.&r. Small--5. NAYS: None ----0. ii SE~'ER Y~ND SIDEWALK aSSES~,'~t~TS: A petition from Ourtis S~Dson, Attorney, askin~ Ithat Sewer ~ssessment on Lot ?, Pace-Kimball Map, amounting to ~15.92, with intercO* [~.}from November l, 1930, be released in that information received front the office of ithe City Clerk on September ibefor e Council. 28, 1934, indicated no such assessment existed, was · The 0ity Clerk having investigated the abstract covering the examination and findin~ same correct, h~r. Powell offered the following Resolution: (~50151 A RESOLUTION authorizing and directing the City Clerk to release prin~ipel and interest charge on controversial 3ewer Assessment. ( For full text of Resolution see urdinence Book No. 9, page Mr. Powell moved the adoption of the Resolution. ;Jood, and adopted by the following vote: The motion was seconded by AYES: Messrs. Bear, N,~YS: None ...... 0. lowell, Winn, Wood, and the President, Mr. Small--5. REPORTS 0F OFFICERS: REtHRT OF THE CITY kL;~'~GER: The City Manager submitted report of work accom- Plished and expenditures for the week ending November 5, 1936, shorting cost of garbage removal as sixtY cents per cubic yard. The report is filed. . E., and Connecticut ~venue, N. E., ~TREET I~PROV~..~m~T: The City Manager submitted the following report with reference to petition fr~m property owners on Bernard _~venue, S. E., Florida Avenue, "To the City Council, Roanoke, Va. for certain street improvements: "Roanoke, Va., November l~, 19~8. "Gent 1 amen: o~'n~z. II.~'ROV~iENT "Regarding the request of propert,~ o~ners on Bernard Avenue, Florida ~venue, i,i. E., and Connecticut ~venue, N. E. asking that crushed stone and &sphalt oil be applied on these streets. "'~e are finishing up the asphalt work for this ye~ and will be unable to have these streets surfaced with ~s~phalt oil this Fall, he,ever, am giving instructions to the Street Department to have these streets pr~perlyIshaped and crushed stone applied so they will be passable.during the Minter. ( Signed ) Respectfully submitted: W. P. Hunter, City Manager ." The City Clerk is directed to communicate with the first signe~r of the petition representing each of the streets above mentioned advising that the City Manager proposes to have the streets shal~ed, and crushed stone applied as pr~otly as I:p°ssiblei ' ' BUSSES-SAFETY MOTOR TRanSIT CORPORA~TION: ~ communication from ;~. H. Horn, Manager of the Roanoke Railway and Electric Company, operators of the Safety Motor Transit Corporation, proposing routing of busses to accommodate residents in the authorizing the service as proposed, and suggesting that a recGrd of the patrons using the Patterson Avenue route be kept by the Motor Company for the benefit of both the operators ~d the City. vicinity West of l?th Street on Patterson Avenue, was before Council. The City i,[anager is d~rected to confer ~ith the Safety Motor Transit Corporation HEALTH DEPAETMENT: Report froza the Health Department for the month of October, :.I 1936, was before CouncL1. The report is filed. ~ In tl'd.s eormection, the President brought to the attention of the City Manager i! newspaper item appearing in the local papers with reference to the releasing by ~ity officials of information regarding amount of money expended by the City of ~oanoke oh Public Health as .compared with other cities, suggesting that before ~uch information was released it should be submitted tD the City Mama. ger. CLERK OF COURTS: The City Clerk having been directed to ascertain requirements the Internal Revenue Department for h~dling of Revenue Stamps by the City of 32 . ' 322 Boanoke, re~orted that no raoord was neoesBar~o t~e is directed to prepare pro, er Resolution setting up a reTolving f::~d for the handling of such stamps by the Clerk of the Courts for conSideration of Counoil at its next regular meeting. ROANOKE ~ATER '~"0RKS C0~qPANY: A communication for the Roanoke h'ater ~orks' Company, addressed to iresumptton of the rate case hearing fixed !November 50th, was before Council. It appearing that the Thanksgiving f~om Mr. Frank ~. Rogers, Attorney the City Attorney, suggesting that for November 5rd, be continued until Holiday falls in the middle of the week,the iCity ~ttorney is authorized to agree to the l~stponezent ~ith the understanding that: ino further continuance will be requested, end that the hearing will be concluded ~without further delay. · ~ ~ · REPORTS OF C0,~dlTTEES. TRAFFIC: A report from a committee composed of members of the Chamber of Commerce, Merchamts Protective Association, Retail Merchants Associatioa, Roanoke Kiwanis Club, Roanoke Lions Club, Roanoke Rotary Club and Roanoke Tuxis Club, was before Council. appointed to consider the proposed Traffic Ordinance, The report is laid over for consideration at a Special Meeting of Council to b , November 19, 1936, and the City Clerk is held at 7:30 o'clock p. m., on Thursday, directed to direct a communication to ~:.M.E.R. Johnson, Chairman of the Committee, 1.[.. %,Jith copy to the ~ecretary of the Chamber of Commerce, acknowledging receipt of the report and expressing 0ouuc'il's thanks and appreciation for the time and effort 'devoted in the study of the proposed Traffic Ordinance, and for the valuable suggestions contained in the report, etc. U~h~SHED BU&IN:~S: None. CONS IDEP~kTI ON OF CLAI~&S: None. INTR0.1NCTION AND CONSIDFiRATION OF ORDINANCES AND RESOLUTIONS: PAHKS ~h~D PLAYGROUNDS: The City Attorney having been requested to prepare proper 0rdi~ce for the issuance of bonds necessary for used for parks ~nd playgrounds purposes, ~fter a discussion of the question, for its first the purchase of land to be submitted draft of s~_me. L~r. Bear offered the following Ordinance reading, which motion was seconded by Mr. Nood, and adopted by the follow ing vote: AYES: Me s srs. Bear, Powell, ~'i~n, Wood, and t~ President, Mr. Small--5. NAYS: None ---0. (~5016) AN ORDINANCE to pxuvide for .the issue of $48,000.00 of bonds for the purchase of lands for public parks. WHE. REAS, it is deemed expedient by the Council of the City of Roanoke to raise the sum of Forty-eight Thousand Dollars ($~8,000.00~ for the purchase of lands for said l_~nds constituting three separate tracts or parcels, to-wit: public parks, (a) A tract of land in said city bounded by Pinkney Street, Colonial Street, Penmar Avenue, MuBford Street and Jackson Park, S. E., and ~nown as "Buena Vista", containing 12.68 acres, more or less. ' cit be inni at a point on the sout~t A tract of lan.d ~n~said y, rg ng . ~ corner of Dudding ~treet and Windsor Avenue, thence with the west side of Dudding Street, S. 11 deg. 17' ~. 4?3 .f.e?t, mor_e_ o_r_le, ss, to the north side of a ~0-foot alley, the~.ce wl~n s~m? ~8' N. 1~5.55 feet, more or less, to a pomnt; thence S, zees, o= to feet, more or less, to a point in the presenm wesm corpor.a~mon ~ne of the Cit of Roanoke and the Vaughan property; thence w~th same, Y ~ · N. 9 d~. ~' E. 580 feet, more or less, to the south smde of Nindsor Avenue~,°thence with same, S. 78 deg. 30' E. 60O feet, more. or le.s~s, to the place of begi..n~.ng, containing $.0~ acres,~more~.or £es~s~; betng the intent of thins description to c. ower tham pormzon ourt Co oration 1 ng south of Nindsor owned by the ~est Raleigh C rp , yi Avenue, west of Pudding' Street, north of the Lee-Hy Court sub~ivision ?.nd _east _of the Yaughan property, being Lots 1, 2 .a~_d 3, Block ?, of · ne Bungalow Addition, a ?.35-acre tract and a 1.1~ acre tract, A tract of land in the County of Roanoke, beginning at a point the center of Burwell Avenue, N. W. on the corporate line of the O__~ty of Roanoke; th-ace with said corporate line $. 51 d 2~ ~_..4A~ feet to a point on samA- thane _ , · N. 68 deg. ~_~_~ Aee~, ~nce N. 70 deg. ~0' W. P~8 feet: thence , 90, E. 2P~ feet; thence S. 67 de~. 50, E. 2~5 ~,+.. ~:o .~ee~; th. ence. S. ! deg. 37, ~. 21°5 feet to'he plac~ of oegxnnlng, ann containing 10.04 acres, more or less. and '¢iH~]B~.~a, said tracts or parcels of land have been offered for sale to the City for $27,852.00, $15,000.00 and $5,100.00, respectively. 1. BE IT ORDAINED by the Council of the City of Roanoke that for t~ purpose of purchasing said lands, and for the payment of expenses incident' thereto, the proper officers of said city are hereby authorized and directed to execute for and on behalf of, and in the n_-me of the City of Roanoke, Virginia, bonds in the amount of Forty-eight Thousand Dollars, ($48,000.00), dated the firs~ day of January, 1937 and payable as follows, to-wit: 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 on the first on the first on the first on the first on the first on the first on the first on the fir st day of January, 1938 day of January, 1939 day c~ Januai~, 1940 day o f January, 1941 day of January, 1942 day of January, ~1943 day of Js. nuary, 1944 day of January, 1945 3,000.00 on the first day of January, 1946 3,000.00 on the first day of January, 1947 3,000.00 on the first day 02 January, 1948 3,000.00 on the first day of January, 1949 3,000.00 on the first day of Jamuary, 1950 3,000.00 ~n the first day of January, 1951 3,000.00 on the first day 02. Januaxy, 1952 3,000.00 on the first day of Janustry, 1953 The said bonds are to be of tM deno~nation of $1,000.00 each, numbered [from 1 to 48, both inclusive, and to bear interest ilcentum per annum, payable semi-annually, on the first itbo be of the ' y the Mayor at the rate of three (3~) per- days of January and July, and style and form known as coupon bonds. Said bonds are to be signed and City Treasurer, and the City Clerk shall affix to such bonds the Icorporate seal of the City of Roanoke and duly attest the same; and the couDons ttached are to bear the engraved er lithographed signature of the Treasurer cZ said city, which shall be recognized by the city as having the same legal effect as if ~uch signature had been written upon each coupon by 2. Said bonds and the coupons thereof shall be Zorm, to-wit: the City Treasurer. in substantially the following UEITF~ STATES OF ~'~BIC~ STATE OF VIRGIniA CITY OF ROANOKE PUBLIC P,LRK BOND SERIES " " 323 No. $1,000.00 KNOW .~LL MEN by these presents, that 'the City of Roanoke, a municipal corpora- tion created and organized under the laws of the State of Virginia, for value received, acknowledges itself indebted amd promises to pay to the bearer hereof the sum of One Thousand Dollars ($1,000.00), States of America, of said city, with annually, at the payable in current money of the United on the 1st day of January, 19 , at the office of the Treasurer interest at the rate of three percentum Der annum, payable s~mi- aforesaid office on the first day of January and jaly of each y~ar 324 u]~n the deliw~y of the ~rope~ coupon attached hereto. This bond ia issued for the purpose of purchasing lands for ~ublio parka in pursuance of an ordinance of the Council of the- City of Roach,, Virginia, adopted on the _____day of , 19S6, and ratified by a vote of a majority of the freehold voters of. ~he said' city woting at an election duly a~t ]e gaily celled, and conducted on the . . ..day of · , 1936, and under and. in pursuance of the Constitution and S~atutes of the State of Virginia, including -mong others an act of the General Assembly of Virginia, approved on the 22nd. day of March, 19E4, entitled, "An act to ~rovide a new charter for the City of Ro-noke and to repeal the existing charter of said city, and the seweral acts amendatory thereof, and all other acts or parts of acts inconsistent with this act so far as they relate to the City of Ro_~noke", and as amended; and this bond shall be exempt from all municil taxation of said city. It is hereby certified, recited and declared that the issue of this bond is al ii made in strict conformity with the Constitution and statutes of the State of Virginia and the charter and ordinanc, es of the City of Roanoke authorizing the same~!~ and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond have existed, happened and been per- formed i$ regular and due time, form and manner as re~ired by law, and that this bond, together ~','ith all other indebtedness and obligations of said City of Roanoke, does not exceed any limit prescribed by the Constitution and statutes of said State:! IN TESTIi~ONY '~'MF. REOF the said City of Roanoke has caused this bond to be signed by its Mayor and by its Treasurer end the official corporate seal _1_repressed hereon attested by its Clerk, engraved or ~ithographed signature the first day of January, 1037. ,ATTEST: City Clerk and the coupons hereto attached to be signed with the of its said Treasurer, and t.his bond to be dated Mayor . Treasurer ( Form of Coupon The City of Roanoke, Virginia, will pay to the bearer, City Treasurer, Fifteen Dollars ($15.00) on the ____day of :,the semi-annual interest then due on its public park bond, January, 1937. Series " " No. . at the office of its _ , 19__, being dated the first day of ,~ Treasurer 'ii ~ 5. Said. bond when endorsed by a majority of the f~eehold voters, voting at an !election called, held and conducted in accordance with law, shall be executed by th~ ID:roper officers of the City of Roanoke and sold by the Council, -nd the proceeds [from such sale used for the. purpose f~r which said bonds are issued$ and if for any I reason any of said tracts of land csnno~ ~reason of defects in title or otherwise, lw£th the proceeds of sale i tins been offered for shle be acquired by the City, in fee simple, by or tracts then any re~mintng tract/shall, be purchase~ of said bonds at a price not to exceed ~hat for which it to said city. The Ordinance is laid over. PARKS AND PLAYGROUNDS: The City.Attorney having been requested to prepare drai~ Ordinance providing l'or the holding of an election on the question of issuing '1 325 bond~ for the purohase 0£ sa~e, of land for park~ and playgrounds pul-poses, submitted draft After a discussion of the question as to the date for calling an election of the freehold voters, and the 2$th day of December, Winn offered the following Ordinance for its first by Mr. Wood, and adopted by the follow~ng vote: Powell, Winn, Wood, and 1936, being decided upon, Mr. reading, which motion was secondE AYES: Messrs. Bear, NAYS: None .... 0. ( 5Ol?) AN 0RDINANC . directing and providing the President, Mr. Small --5. for the holding of an election in the City of Roanoke to tak~ the sense of the freehold voters on the question of endorsing an Ordinance ~roviding for the issuing of bonds for the purchase of land by said City for Public Parks. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That an election be held in the City of Rosnoke on the 26th day of December, 1936, to take the sense of the freehold voters on the Question of endorsing an ordinance providing for the issuing of $48,000.00 of bonds for the by said city for public parks. 2. The Sergeant af the City of Rospoke and the judges of election hereinafter designated, ;~e hereby directed to open polls at the several voting places in the iCity of Roanoke on the 26th day of December, 1936, for the purpose of submitting tto the freehold voters of the City of Roen_oke the ~estion of endorsing the said ordinance providing for the issue of said bonds. purchase of landsi d 3. The Sergeant of the City of Roanoke is hereby directed to give public informa- tion of said election~, setting forth the time amd place thereof by publishing a otice of the same in a newspaper of general circulation in said city and published ~n said city, for the space of ten days amd by posting a copy thereof at each voting] ~lace in said city at least ten days before the date of said electiom. 4. The judges of election for the several voting precincts ~n the City of ~ oauoke (one of who~ shall act as clerk) are hereby appointed to conduct said election, r d in case of failure of any one or more of them to act, then the place or places such shall be filled in the m_~nner provided for in case of regular elections. 5. The Electoral Board of the City of Roanoke shall, at leas~ ten days prior ;o the date of the election herein provided for, have printed proper ballots to be oted at said election, and such ballots shall be in the following form: CITY OF ROANOKE BOND ISSUE E~.~.CTION OF DECEMBER ____,., 1936. I I I I Against Each voter approving For Park Bdnd Issue $ 48,0.00.00 Park~ Bond Issue $. 48,000.00 of said ordinance shall mark immediately preceding the ? words "For Park Bond Issue" a check (v) or cross (x or ~) mark or a line (-) in the square provided for such purpose on his ballot, leaving the other square unmarked. Each voter disapproving of said ordinance shall mark immediately preceding the word: "Against Park Bond Issue", a check (v) or a cross (x or ~) mark or line (-) in the square provided for such purpose on his ballot, leaving the other square unmarked. Such ballots shall be delivered to the judges of the election, for use in said election, in the same manner as ballots are delivered to the judges of election in regular elections. 326 6, Sa~d election shall be o~ndueted in the ~anner ir ascribed by law f~r the conduct of ~egular elections, ?. The JudEes of election count the ballots deposited, and shall of the result of said election to the shall immediately after the closing of the polls, within two days thereafter make written retur~ City Clerk, specifyimg the number of votes cast for and the number of votes cast a~ainst the said bond issue, said return shal be presented to Council at its nex~ regular meeting and shall be spread upon the journal and the said judges shall f~rther seal up the ballots' for and against said bond issue in separate packages and within S days after closing the polls transmit the same to the City Clerk to be kept among the archives of the Council, and said packages shall not be opened during the space of twelve months thereafter without the order of Counc Ll. The Ordinance is laid ove~. R0.~NOK£ WATER LORKS C0~,~: The City Attorney having been requested to-prepar$ Ordinance providing for an election of the freeholders on the question of acquiring the Roanoke Water ,orks Company by condemnation proceedings, submitted draft which was discussed somev~hat at length, it being understood that the vote of the holders would be held on the same date as the vc~e for issuing bonds [! for parks ar~ ~I playgrou~ds purposes. the President stated that Cou_ncil during the In a discussion of the question, past fifteen months has been busy engaged in protecting the insterest of the public~' in the pending application of the Roanoke Water Works Company for increase in rates before the State Corporation Commission, and that it ~as his opinion the Council should have some definite expression fr~ the public for its future guidance of the perplexing xvater problem, particularly with reference to acquiring the property, and that this could best be done by a referendum. ~ ~fter a further discussion of the question, L~. Wood offered the following which Luotion was seconded by Mr. Winn, and adopted! Ordinance for its first reading, by the following vote: AY~S: ~.~essrs. Bear, }o,~e!l, ,,inn, Uood, and tl~e ~.resident, Mr. s~ma 11-- 5. ~ N.~.Y~: None .... 0. i (~5018) .~ 0?,DZN~I~E prov. idin~ for an election for the submission to the ~"freehold voters of the City of Roanoke the question of approval of ~ Ordinance .providin~ for the condemnation by said City of the property of Roanoke Water Works v~rks or system, tangible :Company, a Corporation, consisting of its ~'~ater plant, lands and buildings ~ith appurtenances thereto, and personal Droper~y, easements, ~:'also all rights, privileges and franchises used and useful in supplying'water to 'said corapany~s customers. BE I~ 0R~AiN~D by the Council of the City of Roanoke ~s follow, s: '~1936, 1. That an election be held in the City of Roanoke on the 26th day of Decemberi!: to take the sense of the freehold voters on the question of approving an ordinance providing for the condemnation by said city of the property of Roanoke '~Water ¥;orks Comps. ny, a corporation, wherever situated, consisting of its water plani ,works or system, tangible personal property, easememts, lands and buildings with !appurtenances thereto, and also ell rights, privileges and franchises used and usef~ in carrying on its business of supplying water to its customers in said City and which said ordinance was d,~ly passed by said Council ~Co,mty of Rosnoke, Virginia, on the ~th day o£ October, 1~, and has been duly published for at least thirty days as required by law. The Sergeant of the City of Hos_n_oke and the judges of des£gnated are hereby directed to open polls at the several City of Roanoke to the freehold on the voters providing for the condemnation 3o The Sergeant of the City of Roanoke information of said election, setting a notice of the same in e newspaper Roanoke, for the space of ten days, el action hereinafter 26th day of December, of the City of Roanoke voting places in the 1936, for the purpose of submitting the question of approving the ordlnan¢ cf the said property of Roanoke Hater ~'crks Company. is hereby directed to give public the time and place thereof by publishirg forth of general circulation published and by posting a copy thereof at in the City of. each voting : e place in said city at least ten days before the date cg said election. ' 4. The judges of election for the several voting precincts in the City of i Roanoke (one of whom shall act as clerk) are hereby appointed to conduct said election, and in case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in regular elections. 5. The Electoral Board of the City of Roanoke shall, at least ten days pric~ to the date of the election'herein provided for, have printed, under the same safeguards prescribed by la~ for regular elections, proper ballots to be voted at said election, such ballots shall be in the followin~ form: CITY OF ROANOKE COND~.,2~aT ION ELECTION DEC~'.iB~ 1936 For Condemnation Ordinance .............. ~,"ater Plant I I ~gainst Condemnation Ordinance . ..... · ... Water Plant Each ~oter approving of said ordinance shall mark immediately preceding the words "For Condemnation Ordinance" a check (v) or a cross (x or ~) ~ark or a line :~ (-) in the square provided for such purpose om his ballot, leaving the other squaze unmarked. Each voter disapproving of said ordinance shall _~_srk immediately preceding the words "Against Condemnatiom 0rd~ance" a check (v) or a cross (x c~ ~)mark or line (-) in the square lm~ovided for such purpose on his ballot, leaving the other square unmarked. Such ballots shall be delivered to the judges of the election, for use in said election, in the same manner as ballots are delivered to the judges of election in regular elections. 6. Said election shall be conducted in the same manner conduct of regular elections. ?. The judges of election shall immediately ~ount the ballots deposited and shall within two prescribed by ~or and the number of votes .~resented to Council at its law for the after the closing of the polls, days thereafter make written returnl of the result of said election to the City Clerk, specifying the number of votes cass cast a~ainst the said ordinance; said return shall be 1 next; regular meeting and shall be spread upon the journal, the said judges shall further seal up the ballots fu~ and against said ordinance in eparate packages and within two days after closin the oils transmit t !~ g P , he same t~ he Cmty Clerk to.be kept among the archives of the Council, the said packages shall ~ot be opened during the space of twelve months thereafter without the order o£ :CuriO il. The Ordinance is laid over. The question of contrast of ballots for the parks and playgrounds and the 3.27 328 eond~-nA ti on ~roceedinga was discussed, It being l~gested that inasmuch as the law requires that all ballots be printed on white paper, it might be in order to suggesi itc the EleeSeral Board that the ballots be of different sizes; wherempon, Mr. ~oo~ was appointed as a commt_ttee of one to confer with the Board for suggestion as outlined. MOTIONS AND MISCELLANEOUS BUSINESS: STB~F.T LIGHTS: The City Manager brought to the attention of Council request fox Christmas street lighting in front of the Municipal Building on Campbell Avenue for a distance of 310 feet at a cost of $77.50, this being the same amount charged for isimilar lighting last year, and recommended that the City participate in the street ~lighting program this year. [ -~tr. Powell moved that Council concur in the recommendation of the City Manager, :~and offered the following Resolution: [ (~5019) A RESOLUTION to appropriate $77.50 for Christmas stree~ lighting in ~front of the Municipal Building on Campbell ~venue. ( For full text of Resolution see Ordinance Book No. 9, page __ ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by ~'inn, and adopted by the following vote: AY~.~S: ~essrs. Bear, Powell, Winn, Wood, NAYS: None .... 0. _~nd the President, l'Jr. Snmll--5. ST~T-Bb~.!.ITT ~V~IUE: The City Manager brought to the att'ention of Council a request from property o~mers for permit to construct building on the Southwest corner of Bullitt ;,venue to extend beyond the present setback line. ,: ~fter a discussion, the question was referred to the City Manager and the City Attorney for review of _~greement to be submitted by the property owners, the said 'agreement to contain a six months' cancellation clause, for consideration of Co:mcil~ R0~.NOKE TUBE~qCULOSIS ~SSOCIATION: The City M~uager brought to the attention of Council data in connection ~ith the erection of the Tuberculosis pavilion. The question is carried over ;~_n_til the next regular meeting of Council. il k~JRSES SCHOOL: The City Manager brought to the attention of Council a request from Miss Elizabeth M. Ayers ~nd ~s. A. L. Horwitz for an appropriation of $336.00 to assist in defraying expenses necessary ~or the establishment of a nurses' school. ~ The City Manager is directed to advise that there is no money available for this purpose. ~:~ JIIV~ILE ~ND D0~STIC BELATIONS COURT: The City M_~n_ager brought to the atten- tion of Council a commzmication and request from the Juvenile _~nd Domestic Relations Court for an additions!- appropriation to its Telephone and Telegraph Account. I; The City Clerk is directed to lm~epare amendment to th~ Budget Ordinance providi for $30.00 additional appropriation to this ~ccount for consideration of Council at its nex't; regular meeting. ~ STREET LIGHTS: The City Manager brought to the attention of Council a proposed Contract for street lighting, as submitted by the ~ppalachiam W. l ectric Power Company and_ advised the present Contract expires on December 12, 1936. i The Contract is carried over for con.~ideration at a Special Meeting of Council to be held at 7:30 o'clock p. m., on Thursday, November 19, 1935. f} AB~0RIES: The iresident, ktr. ~mall, brought to the attention of Council ,~nformation that ~djutant General S. Gardner ~'aller expects to appear before Council at its for regular meeting at 2:00 o,clock p. m., on Friday, Nov~__ber 20, 1936, g disouss£on of ea~s and means of procuring an appropriation Armory in the City of Roanoke, for the erection of an ZONING: The City Clerk brought to the attention of Council notice of public hearing to be held at 2:00 o'clock p, m,, on November 27, 1936, on the application for nonconforming use of property located on the East side of 7th 3freer, No between Mill Street and l/oDowell Avenue, PURCHASE .~ND SALE OF PROPERTY: Mr. Oscar A. Wall being present, Council recessed, later convening, amd gave consideration to his request for some definite proposition for the sale of City property known as the Old Fost Office Building, Mr. ~Jall stating that while the proposition originally submitted embraces the entire property, he is particularly interested in an area of 95 feet on Henry Street and 125 feet on Church ~venue, which would accommodate the Building proposed t~ be erect ed. The i'resident, ~.M. Small, stated to I,M. Wall, the Question has been considered and on behalf of Council, if a definite offer is submitted for that part of the property described as 95 feet on Henry Street and 125 feet on Church Avenue at a · price of $135,000.00 net to the City, provided there is .expended as much as $60,000.00 for a new building on the corner, it is my opinion you might have bought ~a piece of property; and in a further discussion of the question emphazted the fact ithat the City was not making an offer, stating further if you come to US an !offer we shall consider it. There being no further business, on motion of h~r. VJinn, seconded by Mr. Wood, Council adjourned until 7:30 o'clock p. m., on Thursday, November 19, 1936. APPROVED 329 330 CO UNCI L, ADJOURNgD MEETIN' Thursday, November 19,1931 The Council of the Cit~ of Roanoke met in Adjourned Meeting in the Circuit Court Room in the l.~lunicipal BuildinG, Thursday, November p. m. 19, 1956, at 7:50 o'clock PRES~T: Messrs. Bear, Powell, ~inn, Wood, and t.be President, Mr. Small--5. None ---0. The President, ~'Mr. Srm~ll, presiding. OFFICERS PRESEll: .Mr. ~'. P. Hunter, City Me~ager. STREh~ LIGi~TING-APPALACiiIAN ~.ECTRIC P0%'H~R COL~PA~Y: The President, ZLr. Small, stated that the ~pecial L~eeting of Council was called for the purpose of reviev~ing proposed contract submitted by the App,]_achi_,n Electric Power Company for street lighting in the City of Roanoke, to take effect upon expiration of the existing agreement on December 12, 1936. In this connection, Mr. R. L. Carney, .~ttorney, and a committee representing a group of citizens, appeared before Council for the purpose of "listening ~n', and to urge that no long time contract be enhered into ~th the Po~er Company. The President advised the delegation that no definite action would be taken at this time, the :~eting being called for t~e purpose of. familiarizing itself with ~ t~e terms of the proposed agreement before any attempt is made to discuss a ne~ . ~.contract ~'~th the Power Company; ~hereupon, the delegation retired and Council ~proceeded ~'~ith a discussion and consideration of the present contract no~ is effect, ~together ~i~h the proposed contract. ~fter a rather lengthy discussion and the submission of comparative figures of · cost for residential and commercial users in the City of Roanoke, and the rate nora i!paid by the City, as compaq-ed '~'Jith rates included in t%e proposed contract, it be~_ng! !apparent that the rates paid by the City are much greater than the rates now in ~effect for colmnercial users, the City l~.Ianager was directed to request tb~ ~lectrmcal Inspector to appear before Council at its regular meeting on Friday, November gO, i~1956, at 3:30 o'clock P. ~.~., prepared to submit figures and information on tbs Kill.watt cost for street lighting in the City. .t~ECTiONS: The question of holding an election on the 26th day of December, 19~6, the day after Christmas, on the question of condemning the Roanoke Vfater Works Company and issuance of bonds for the purchase of land for par_k~ and playgrounds purposes, was befcre Council and discussed, it being the unanimous opinion that it i~ould be for the best interest generally to hold the elation on Saturday, Jan~ry i. 9, 19~?; whereupon, the City Clerk was directed to prepare the necessary amendment itc the Ordinances introduced at the last regular meeting of Council for further Lconsideration on Friday, !~ovemb_er 20, 1936. LEAGUE OF VIRGI~& I!UNICIP~ITIES: The President, ~.~r. Small, brought to the ~attention. of Co,,nc~l_ a report from the League of Virginia Liunicipalities under date !of !-;ovember, 1956, with reference to publicity on o~ned and operated hospitals !n ~Virginia cities, and also a report under date of January, 1955, on the care-of the indigent sick in Virginia cities, the information in each report s_~bowing a discre- pancy of expenditures so far as it affects the City of Roanoke. The Gity Clerk is directed to communicate with the Executive Secretary of the League o£ Virginia Municipalities, requesting that ell questionnaires for informa- tion relative to statistical end other information pertaining to the City of Roanok~ or any of the Departments, to be published in bulletins circulated by the Le.egue, be sent direct to the City Clerk w~ere proper distribution will be made, and that unles such information is fUrnished over the City Clerk's signsture the s_~me must not be considered authoritative or authorized by the City of i{oanoke. T'RAFFIC: The report from a comn~ttee formed by the Chm~lber of Commerce, end mercantile organizations, for the purpose of revie~'~ing the proposed Traffic Ordinance, was before Council and reviewed in detail and discussed, the City Attorney advising that in ~is judgment it ~muld be impracticable to make the major cha~es as recommended by the citizens co~zmittee in that the changes if mede would be contrary to the ~tate Law, particularly ~ith reference to penalty clauses; ~hereupon, the lresident, :.M. Small, appointed a co~muittee composed of t~e City Clerk, the City i.~ana_ger, Council,.mn ~,',inn and himself to prepare a lette~ to the Corzmittee giving reasons £or the suggestions ~s made being omitted from the ne~ Traf£ic Code, the City _-,ttorney being directed to prepare the 'necessary ~'~ith reference to the penalty clauses being contrary to the State Law. ~ There being no further business, Council adjourned. C 1 ark ~PPROVED 33]. 332 COUNCIL, REGULAR ~.~ETING, The Council of the City of Room in the i.[unicipal Building, PRESE~: Messrs. Powell, Roanoke Friday, November ~0, 1936. met in regular meeti ,rig in the Circuit Court Friday, November 20, 1936, at 2:00 o'clock p. m. Winn, Wood, and the President, i,~. Small .... 4. ~BSEI~: L~'. Bear-~--1 · The I:resident, 0FFICEPS PRES£hT: !'_~t t or no y. Snail, presiding. LLr. W. P. tiunter, City ~,[anager, and l,~r. C. g. iiunter, City L~IhWJTES: It appearing that a copy of the minutes of the previous meeting having ~been fur~Lished each member of Council, upon motion of V.r. ','God, seconded by ~.owe!l, tho reading is dispensed v~itb, and the minutes approved as recorded. B~,.,,nI~ OF CiTiZE!~ LS'OiI !:UBLIC i.~TTERS: ,~.10R~S: The President, i.hr. S~ll, advised that the early meeting of Council had been called for the ~urpose of affording Council and the public an opport~ity of hearing ~. ~rdner ~ialler, .~djutant General of Virginia, who ~as present, together %-:itb a delegation of aEay officers including Colonel E.... Jordan, i.~anager of the Veterans i~acility, to discuss the .~rmory question in the ~+,~ of ~oanoke, statin~ further that Council ~'Jas much gratified and pleased over the interest s~ho~n by general ',aller and his staff in the establishment and erection of adequate armoryi 'facilities in ~oanoke, Council also being very mtkch interested and anxious to cooperT ate on behalf of the City of 2~oanoke to the extent of its ability, as evidenced by the fact that the question had fro~:~ time to time been ~nder advisement and ~consideration given as far back as ten or eleven months a~o, having agreed to furnish the necessary ground for the erection of an armory building and indicating its ~;i!ling~%ess to appropriate funds to defray approximately ten per cent of the ic°st of the structure at that time. ~ General Waller in revie~'~ing the requirements of financial aid in the erection of an armory in ~%oanoke advised that the situation had changed somewhat during the past year, there bein~ no State funds available for this purpose at the present time and any '~PA funds v;hich might be earmarked would be only on the basis of the project being completed by L[arcb l, 1937, it being necessary for the City to assume ~esponsibility for finishing the building in the event ~?A is discontinued at that time, and ~as frank to state that in his opinion he did not see ho~ the City could undertake the responsibility on that basis, suggesting as an alternative that funds might be obtained as a PWA project ~'Jhich ~;,ould be on the basis of 45 per cent gr~t and 55 per cent loan to the i;~,micipality, the cost of the proposed armory being approximately $300,000.00. After a further discussion of the question ~nd reviewing plans of a proposed armory as presented by WPA officials~ it %vas the opinion of t~he President, Mr. Small~' that the situatioa at this time with reference to obtaining funds Eas about the same as a year ago, and that the only mgthod t~ City of Roanoke ~ould have f~ raising Tunds sufficient to carry through a P'&'A project, the cost to the City being fro~_. would be t~rough a bond issue which would be a doubtful ~160,000.00 to .~190,000.00, procedure at this time, suggesting, ho%,~ver, that the City m~ght prepare ,n application for a %]]~A project predicated on the thought that Congress might appropri te 33.3 additional funds at its next session which would put the City of Roanoke in a preferred position for t.be approval and the construction of an amory. General '~aller will confer with the ~A Administrator at Richmond with a view of ascertaining if such a project would be considered on this basis and will advise Council the result of his conference. In this connection the President, Mr. Small, advised General Waller that the full membership of Council would be in Richmond on November 30, 1936, and that if he would make an appointment with Mr. Smith for L~onday or Tuesday of that week Council ~ould endeavor to talk to him. DELIN~U~'~ TAXES: Mr. Sanders appeared before Council in the interest of releasin~ 1918 Real Estate Taxes on property located at 503-3~ Street, S. W., standing in the name of l.~s. C. B. Ellis, amounting to $44.27 including penalty and interest, it being the first informati~ Lirs. Ellis has received that such taxes existed. ~r. Sanders ~.~as advised to confer v~itb the Delinquent Tax Collector and if the matter could not be straightened out satisfactorily, to appear v~Itb ~Lr. Scruggs at some future ~eeting of Council for a further discussion of t.~e question. DE~DS-STREETS: ~r. Paul C. Buford, Attorney for the Colonial-American National Bank, alhoeared before Council and presented petition asking that t~e City of Roanoke authorize the execution of a quit cla~r~ deed to a parcel of land located on t~?e ~lorth~est corner of Third Street, N. ,~'., and Center Avenue, in ~ der that a clear t~tle might be given to a piece of property recently sold by the Executor of the estate of Hobert H. ~ugell, deceased. The petition is referred to the City Attorney v~itb the request that he investi- gate same and report back to Council, together with quit clalm deed, judgement the request is in order. if in bis RE~o~tDS :~D REBATES: Mr. Walter W. Keller, ~ttorney for the United Brethern hurch of Roanoke, appeared before Council and presented petition asking that $41.50 '.~epresenting taxes paid on Lot 9, tt. C. Barnes Map for the year lOg~, be refunded ~n that church proDerty is not subject to taxation, there being some question as to ;he delay in recordation of deed of transfer. The City Clerk is directed to confer wit~ Councilm~n Wood ~ho is familiar ~ith ~ ;he trarmaotion in question, and to prepare proper reply to the petitioner for o~ideration c~~ Council at its nex~ regular meeting. STORM DRAIN: E'~. J. H. Likens appeared before Council v~ith reference to enlarge- merit of storm drain at 807 Fifth ~venue, N. W., ~hich request was previously before Council a~. referred to the City Manager, the City Manager advising that be has not yet had an opportunity of investigating the question. P~iTIONS ~ND C~~IC~TIONS: CROSS-OVER: ~n application fram H. I. Thomason for cross-over to accommodate property at lll7 ~_lberta ~venue, Grandin Court, v~as before Council, the City Nanager i~rec~_mending that the permi_t be granted. Mr. Pomell moved that Council concur in the rec~endation of the City Manager, and offered the following Resolution: (~5021) A RESOLb~ION granting a permit to H. I. Thomason to construct a concrete cross-over to accommodate property at 1117 Alberta Avenue, Graudin Court. ( For full text of Resolution see Ordinance Book No. 9, page ..... 92 ). ~Lr. l~owell moved the adoption of the ResGlution. The motion was seconded by 334 and adopted by the £ollo~in~ vote: aYES: Messrs. Powell, 'Jinn, Wood, and the President, Mr. Small ---4. NAYS: None ...... O. (Mr. Bear ebsent ). ROANOKE HAIL:,i~kY ,~D .~.ECTI~IC COI~PA~Y-STHEETS: A petition signed by resi dents ir~ the Southeast section requestin~ that Council direct the Roanoke Railway and Electri '.ComPany to pave the portion of Norfolk Avenue occupied by the Rai l~;e~ Company's car tracks from the intersection of Oampbell avenue to ~'ise Avenue, S. E., was before :Counc il. The petition is referred to the City Llanager for report and recommendation. P~RKS AND PLAYGROUNDS: ~ communicatiom and Resolution from tbe Roanoke Council of Garden Clubs recGnmending~that the City purchase Eiill Mountain for a park site, ibird and flo~er santuary, 'was before Council. The City Clerk is directed to a. ckno~lsdge receipt of the communication, advis- ~:ing the same r~ill receive due consideration EL£CTIONS: .~ communication from L. E. Lookabill recom~en~ing that the election ~for condemnation proceedings of the Roanoke ,ater :jerks Company and t~e purchase of land for parks and playgrounds purposes be postponed from the date of December 26th, tentatively set,. '~'~as before Council. This matter having been previously confider-ed, the communication is filed. ~ P~0~S OF OFFICERS: . ' n~:{T ~.F CITY ~.~G=R: .The City ilanager submitted report of work accom- plished and ex~3endit'ure's ~for,the .v;eek ending November 12, 1936. Tb~ re~ort is filed~ AP PO II~:.~I~S'REf~L ESTATE: The City l.~anager submitted report of appozntment of Roy W. ~lton as Special Officer for sixty day~, effecti'¥e November gO, 19~6, to t, atch vacant ,real estate. Tb.e re~.3ort is filed. . ~. COI,~SSION£R OF REV~i0E: A r, eport giving a su~ary of license issued by the Commissioner of Revenue for the month of ~ctober, 1936, showing $193,681.05 collected for the ten months to date, as compared with ~177,172.69 for the sane period last year, was before'Council. The report is filed. ~ i:{OM'~'OK'J H0~Iz.~'~L: ReDort from the Roanoke Hospital for the mont~ of October, !9~6, sho~ing 187 days' treatment at a cost of ~561.00 as compared with 19& days' treatment at a cost of ~Sg. O0 for the same period, last year, vms before Council. The report is filed. ? ; REPORTS OF C0.)~,_7TT~: None. UNFII~liS hu~ BUSINESS: None, direct~ { CONSYDER~TION OF CI~ILL$: None. ' IETR0~JCTiON M~D CONSIDERATION OF 0RDi~LLNCES ~i.~D RESOLUTIONS: BUDGET-~,iILE .=~ DOMESTIC REL~TIONS COURT: The City Clerk having been ed to prepare a~endment to the Budget Ordinance providing for an additional appropria- tion of $30.00 for Telephone and Telegraph for the Juvenile and Domestic Relations ~ourt presented draft of same. Mr. Winn offered the follo~ing as an emergency Ordinance: (#50BB) AN ORDINANCE to amend and reenact Section #16, "Juvenile and Domestic Relations Court", of an Ordinance ...... adopted by the Council of the City of Roanoke, Virginia, on the 29th day of June,. 1936, No. 4860, and entitled, "An 0rdi na nc e ma~ng appropriations for the fiscal year beginning July 1, ~ 30, 1937". 1936, and ending June ( For full text of Ordinance see Ordinance Book No. 9, page 92). Mr. Uinn moved the adoption of the Ordinance. Powell, and adopted by the following vote: The motion was seconded by ~r. AYES: Messrs. Powell, W'inn, Wood, and the President, ~&r. Small--4. NAYS: None .... O. PAE~S .'~'[D PLAYGROUHDS: Ordinance No. 5016 providing for a bond issue of $48,000.00 for the purchase of land for public parks having been introduced at the last meeting of Council snd laid over, was again before the body, ILr. Winn offering the follow, lng for its second reading-: and adoption: (~5016) AN ORDINANCE to provide for the issue of $48,000.00 of bonds for t~.e purchase of lands for public parks. ( For full text of Ordinance see Ordinance BOok No. 9, page Mr. Ninn moved the adoption of the Ordinance. Powell, and adopted by the following vote: ~Y;.:S: Liessrs. lowell, NAYS: None---0. 89 ,,). The ,notion v~as seconded by Mr. ,;inn, ',iced, and' the President, Mr. Sma il--4. PAPd[S ~'~FD PLAYGROUNDS: Ordinance No. 5017 providing for the holding of ma election on the question of endorsing an Ordinance providing for the issuing of bonds for the p'urchase of land for public parks having been introduced at the last meeting of.C°uncil' v~as again before the body, L~. 'Jood offering t'be follm~ng amendment to the .Ordinance which in effect simply postpones the day of election f~om December 26, ~936. to January 9, 1937: ' .Section 1, Lines one and t~'~o, reading: "That an.election be held in the City "be changed te read, "That an election of Aoauoke 'on the 26~h day of December, 1956, . be held in .the City of Roanoke on the 9th;'_day of January, 1.937-. ., Section 2, the third line, readin~:."places in ~he City of Roanoke 5n tbt 26th "be c'banged to read, "places in t~e City of Roaneke on the ~ay of December, 1936, . 9th day of Januar_y_, 1937".. Section 5,, line 4, strike out the ~'~ords t ' '~anuar~ 9, 19 37 ." · 11 '~'. Wood moved the adoption of t~e amendr~ent. owell, and adopted by the follo~ing vote: "December 26, 1936, and insert The motion v~as seconded by :.ir. AYES: Messrs. Powell, ',inn, ;~ood, and the President, LLr. Small--4. N~YS: None .... 0. The Ordinance is laid over until the next regular meeting of Council. ~reeholders on the question of acquiring the Roanoke ,"'ater Works Company by con- l.~emnation proceedings, having been introduced at the last meeting of Council, . was ~gain before the bodY, LLr. ,inn offering the following amendment to the Ordinance ~hich in effect simply postpones the day of election f~om December 26, 1936, to January 9, 1937: R0.~NOKE hATER bORKS C0},iPANY: Ordinance No. 5018 providing for an election of the Section 1, Lines one and t~o, reading: "That an election be held in the City ii of i~oanoke on the gSth day of Deeornber, 1936," be cha~ged to read, "That an election be held in the City of Roanoke on the 0th day. of January~ .1937". · Sectio~ 2, the third line, reading: "places in the City of Roanoke on t~e 26th day of December, 1936," be changed to read, "places in the City of Roanoke on the 9th day of January, 1957." 335 336 Section 5, line 4, strike out the words "December 26, 19~6, and insert gamaa~ 9~ 1937." M~. Winn. moved the. adoption of the amendment. Powell, and adopted by the followin~ vote: AYES: Messrs. Po~ell, ,';inn, ,~ood, amd the The motion was. seconded by Presi de nt, }.tr. small--4. NAYS: None ---0. The Ordinance is laid over until the next regular meeting of Council. In this connection, the President, ~.~. Small, 'and for the interest of the public, the ordinance stated for the benefit of Council fixing the date of election of :freeholders upon the referendums to ascertain the will of the voters upon condemua- ition of the Water Company, and issuing bonds for park purposes, has been set for a Saturday by council, with t~e primary objective in view of permitting maximum ~articipation by the public in this vary important referendum,, in that Virginia election leto's fix the voting hours from surn'ise to sunset, which at this t~me of t.~e t year has a tendency to'J:ard a hardship on that group of working people whose hours of service are such that they we,,_1 d no~ have au opportunity to vote on their way to w;ork because the polls ~'~ould not be open, and would not have an opportunity to vote 'after completing their day's ~ork because the polls close too early, and that an opportunity for a full expression of public minds seem~ to Council more readily obtainable on a Saturday,than any other day at this time of the ye~. Tb_e President, stated further and asked that the Press convey same to the public, that this is a referendum of the freehold voters to specifically authorize Council to proceed vJit~, condemnation _~.nd does not authorize the issuance of bonds · to buy t~o r;ater ~':orks, it bein~ necessary for t~e public, and t.~ey ~ill have anothe~ Opportunity to vote upon the issuance of bonds, after approval by the court. The President also advised that he was autho~q_.zed to say for Councilman Bear', ~ho ¥~as absent, that be approved of the deferred date of Saturday, January 9, 193~, December g6th, being t~e day ~ter Chris~mas, and that Council feels it might be !. desirable to postpone the referendum until the second ~eek in t%e ne~ yea~, it beingI thought the public gene2~ally rn'i_ght resolve to give se~2ious attention to this water situation and place the date on t~eir Ne~': Year's resolutions and go to t~e polls to vote. TRAFFIC: The proposed ne~ traffic ordinance having, been read and discussed at regular an adjourned'~.~eeting of Council at 7:30 o'elo~ p. m. on Thursday, November 19, 19B6, ~as again before the body, Mr. ~irm offering s~me for its first read_~ng. The motion ~as seconded by Mr. Po~ell, and adopted by the following vote: ; AY~S: Messrs. Po~ell, ~,;i~n, Wood, and the President, ~. Smmll--4. ',i HAYS: None .... 0. (-Mr. Bear absent, but approved the 0rd~nance at the adjourned ~m~eting of Council Thursday n-lght, November 19, 19~). i (~5023) AN 0RD~IA~.~CE to regulate the operation of vehicles on the public street.' , alleys and. high;','ays of the City of Roanoke, to govern and protect pedestrians while gsing such streets, alleys and high,'aye, to provide penalties for the violation of ~he~ pro~isions of this Ordinance, and to repeal all Ordinances or parts of 0rdinance.'~ii in conflict 'aith the provisions thereof. The Ordinance is laid over. ( See full text of Ordinance in office of the City Clerk to be contained in ~ull in the records of Council, after final adoption). i MOTIONS .~l~ !LISCELI.~EOUS BUSINESS: STRF~-T LIGH~ING~':~J~.~'~L~C~AI~ ELECTRIC POUER C0~.[P~Mf: 5tr. J. M. Murphy, Electrical:. Inspector, having been ~vited to appear berate Council to give data and informatio~ with reference to unit cost of street lighting, as furnished by contract with the Appalachian Electric Power Company, for consideration of Council in connection with proposed new contract, as submitted to take effect December 12, 1936, the expiration date of the present contract, appeared and submitted verbal figures showing that the cost of electric energy to residential and commercial users in the City of Roanoke are much lower per kill,watt than rates paid by the City for street lighting. It was also brought out in the discussion that since the contract with the Appalachian ~ectric t)ower Company on ~prtl 12, 1916, the City has received no reduction in cost, whereas commercial users have received five reductions since 1926'~ Mr. ijurphy was requested to prepare cost data and killowatts used by the City as compared with rates in effect for commercial users in the city, and present same to the City Council through the City Manager for further consideration. It being the concensus of opinion that the proposed new contract as submitted by the lower Company should not be given further consideration by Council, ELf. Po~ell offered the follo¥;ing Resolution: (~5020) A i~SOLUTION rejecting proposed agreement submitted to Council by the IAppalacbian Electric Power Company for street lighting in the City of Roanoke. ( For full text of Resolution see Ordinance Book I~o. 9, page 91 ). Mr. l~owell moved the adoption of the Resolution. The motion was seconded by I.k'. Wood and adopted by the follovling vote: A~ES: Messrs. Powell, ,inn, Wood, and the ~resident, i,Lr. Small---4. NAYS: None ---0. The City Clerk is directed to return the contract together r~ith copy of the Resolution to the .':ppalacbian Electric Power Company. t REFb~DS M~D REB~TES; The City Treasurer appeared before Oommuni cat ion requesting a refund of ~lS.00 covering taxes paid on Lot 8, Block 4orer Addition, by .~lbert M. Black~ell, in error. IThe City Clerk is directed to investigate the refund, and if found correct, o~ draft proper Resolution authorizing same for consideration of Council at its ~ext regular meeting. Council and presented There being no further business, on motion duly seconded, Council adjourned. APPROVED 337 338 COUNGIL, REGULAR I~EETING, · riday, November 27, 1936. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Friday, Noven~be~ 27, 1936, at 2:00 o'clod( p. m., ~be e~rly ::~eting hour being called for the purpose of conducting a public hearing ion a~,plication for nonconforming use of property located on the East side of !Street, N. E., betv:een Mill Street and .~.:cDo~ell .~venue. PRESE!~': Messrs. Bear, lowell, ,;inn and Wood --4. The L~resident, .'.Lt. omall ............... 1. The Vice-t~resident, L~r. Bear, presiding. ~F~.IumRo_,.',~o~.: :'~'-~ .... ~.~ ~-~ iLr. ,. P. i-._unter, City ~ianager,.. and L~. C. E. ~unter, City .~.t tome y. ZONING: The C~airnan of the meetin.~ advised t~)at pursuant to nc~ice published 'in ~he Roanoke ',:orld-He~s on i. love~ber 12, 1936, the e.arly meeting hour had been called for the purpose of conducting a public hear'~ng on the application of 1Sr. 'Oscar =. Wall for nonconfor~ing use of lot ,/3030217 located on the East side of 7th Street, N. £., bet~'Jeen l~ill otreet and '~.~cDo~'ell ~venue, and suggested that before _u~roceeding wi~b t~e hearing Council adjourn for a discussion of a few matters .~fter t'~e recess a report from Z.~e Board of Loning ;~ppeals, reco._~mending that t~e ~.:.e~:i~ be granted for ~e construction of t~e ne~'~ building on the property in ~u~stion for t~e ~anufacture of fertilizer, ~as before Council. ~fter a brief discussion of the Question, and tbere being no opposition appear'Ii ~ing, t~e 'City Clerk v~as directed to fom'~ard copy of the report from t%e Board of ~':oning Appeals to ~. ~all, advising him t~at if and %';%em a bona fide request is ~placed before Council for a nev~ building on the location above referred to for the a vie~ of concurring in the report from the Board of Zon_~_ng Appeals iof the permit. 't 'T "'.,'T'T qI :J ..,,.,..,..,..,...,.,_,o: it a~loearing that a cody of the r~inutes of been furnished each member of. Council, upon motion of manufacture of fertilizer, Council ~ill give the mn. tter further consideration with and the issuing Wood, seco nded by ~. ~jmnn!- I~ the re,ding is dispensed ~itb, and the minutes a~proved as recorded. ~ ~RIHG OF C ITIZ~.~S U-£0E PUBLIC M~TTERS: ~ ~C~ ~ S~E 0F PROP~: L~ Oscar ~' J . ~. Wall ~ared smd asked if the body ~as prepared to d~cuss the 2uestion of sale of t~e old pos~ office buil~. i A full ~embersbip of Council not being presemt, and i,lr, Wall having no def~nite!:~ .proposition to submit, it ~as tWe unanimous opinion of t~e members of Council present... that t~e question should be given no consideration at this time; ~hereupon, .Mr. ~all asked if it 'ao~.~_!d be possible to meet ~rith Council before an. other regular meog. ing, and ',':as advised by the Chain~n if he ~ould appear at the next re~ular meeting a~ ~:00 o'clock do~otless Council }~ill be courtoou~ enough to give hS_'m a short hearing. PETITIONS ~d~D CR0~S 0V~o. An application from H. ~. Carter far _ oermit to construct t~o cross iovers to accommodate fillin~z statio~ on Franklin Road at t~e Norfolk and Wester~ Belt Line, ~as before Council, the City L..lanager recommending that the permit be igrante~. Mr. ~inn moved that Council concur in t~e recommendation end offered the following Resolution: of the C it y Ma nager, RESOLUTION granting a permit to H. n. Carter to construct two cross- overs to accommodate filling station on Franklin Road at the Norfolk and Western Belt Line. ( For full text of Resolution see 0rdin_a~ce ~dr. Winn moved the adoption of t~be Resolution. Wood, ~nd adopted by the following vote: AlrES: !dessrs. Bear, Powell, Winn and Wood ---4. Book No. 9, pege .96. ). I~ The ]notion was seconded by '...~r, i N~'~YS: None .... 0. ( The President, /dr. Small, absemt). CROSS-0V'~RS: An application from H. L. Smith and Rufus Edwards for permit to construct a joint cross-over to accommodate properties at 41S ar~ 417 Gilmer Avenue,~ . ., %~las before Council, the City LIanager recon~uending that the l~rmit be gra~ted. ~ir. Winn moved that Council concur in t~e recommendation of the City L'mnager, ~nd offered t~e following Resolution: (#5025) A RESOLU£ION granting a permit to Messrs. R. L. Smit~ and Rufus Edwards to construct a concrete cross-over to accommodate properties at 415 and 417 Gilmer ( ~Vor full text of Resolution see CrdLuance Book i~o. 9, pag~ 96 ). M~~. Winn moved the adoption of the Resolut ion. The motion %~as seconded by Pop, ell, and adopted by the following vote: AY£S: D. essrs. Bear, Po~ell, Winn and ~-ood----4~. NAYS: None .... 0. petit ion from citizens and property owners in the !lorwicb section, asking that Council continue permission to keep hogs along ~oanoke River in i.!or~'&ch, subject to sanitary laEs no~ in effect, Has before Council' ! It being the impression of signers of the petition that a prot:~sed Ordinance submit-'~ ~ed to Council during the month of ~pril, 19~6, to prohibit the keeping of hogs in ~he City of Roanoke, had been adopted; hc~ever, after a revie~ of the file on the ~ ~uestion it ~as revealed that the proposed Crdinance had been referred to the Health fficer under date of April 29, 1936, with the request that the Health Officer dis- Suss the proposed Ordinance ~itb the City Attorney, the question having been raised that time as to whether or not the Ordinance ~as dra~n would interfere with the Sethod of handling hogs by the stock yard, copy of the .~orwarded to the City Attorney. The City Clerk is direct~ed to communicate with the Healt~ Officer, communication having also been calling to ,~is attention the letter ith the present City Attorney and report to Council as promptly as possible, ~opy of bis letter to !~Lr. C. E. Hunter, the City Attorney. II~lriTATIONS: ~ communication from the American Road Builders' Association, of ~pril 29th, smd ask that he discuss t5e proposed Ordinance se nding extending an invitation to DIunicipalities to be represented at the ~knnual Conventiom to be held in Ee~'~ 0rleans¥ Louisiana, on Jan,,~ry 11-15, ~ms before Council. The City Clerk is directed to ackno~vledge receipt of the communication, and the. same is f~l ed without further actio'n. D~.IN~EAT TAX~: ~Ir. ~t. J. Scruggs, the Delinquent Tax Collector, and .Mm. Sanders, representing ~brs. C. B. Ellis, appeared bafore Council as suggested at a previous meeting for a discussion of the request to release 1918 Real Estate Taxes on property located at 50~-~ Street, S. ~., standing in the name of ~trs. C. B. Ellis. 339 340 During a discuss£on of the Question tt developed that the delinquency is the result of nonpayment of tim taxes during a transfer of the property. It appearing that the City is not at fault, it vas t~e unmmimous opinion of Council that even though sympathetic, it did not care to establish a preoeden~ of this nature. The request is therefore denied. BEFUNDS .~ND REBATES: A communication from the City Treasurer, refund of 31.61 coverin~ 1935 Real Estate Taxes on Lot 7, Block 1, requas~ing a Ingleside, paid .in error by J. T. Strtckland, the property in Question havi~g been irs.slatted by !deed ~o Joe Walton several before Council. years ago and the deed not having been recorded, was The City Clerk is directed to communicate with M~. Walton Eit.~ a view of ihaving him refund the amount in question smd to place bis deed on record, and to report back t o Council. BUDGET-CITY~..~.~~'"' :,-. ,. r~._.~... ~ communication from the City Treasurer requesting that :the Otationery item in bis Budget be supplemented $600.00 in order that Real Estate Tax Tickets for the year 1937 might be purc_~ased at this time, ~ms before Council. It appearing that t~ere are no funds available in the City Treasurer's Budget 'subject to transfer, L'r. Po;',.el~ offered the following emergency 0rdine_n_ce: (~5G26) ~ 0RDINA~.tCE to amend and reenact section ~8, "City Treasurer" of · Ordinance adopted by the Council of the City of Roanoke, Virginia, on t~e 29th day "An Ordinance ma. king appropriations for the of june, 19~6, LTo. 4860, and entitled, fiscal year beginning July l, 19~6, and ending june 30, 19~7." ( For full text of Ordinance see Ordinance Book No. 9, page 97 ). I~. iovJell moved the adoption of the ~rdinance. The motion ~'las seconded by and adopted by the fol!o~ng vote: ~essrs. Bear, ?owell, i~irm and Wood---~. NAYS: None---0. D;,~.;U~S-ST~TS: }Lt. Paul Buford having appeared before CouncLl and lr esented petition requesting the conveyance by Quit claim deed of >roperty located on the !!.. North,~,~est corner of Third c;treet, E. W., and 3enter .~venue,, again apDeared before ~[ the body and presented deed, the City ~ttorney having sub.:~tted opinion that the City ~'.'ill be in no wise prejudiced should it execute same; vJ~ereupon, i:.M. offered the follo~'ing Resolution: (F5027) A RESOLD~ION authorizing the conveyance by quit claim deed of property located on the Northwest corner of Third Street, i~. ,,., and Center =venue. ( For fu_ll text of Resolution see Ordinance Book No. 9, page 97. ) ldr. Lood m~¢ed the adoption of t~e Resolution. ~..r. ;,'inn, and adopted by the follo-,'.ing vote: '. ~ES: Llessrs. Bear, Vo~ell, ',/inn and hood----4. · .-. NAYS: None .... 0. The motion x~as seconded by REP0~S OF OFFICERS: ,plis_Wed and expenditures for ~eek ending i[ov~mber 19, 1956, sho~'~ing cost of i. removal as fifty-one cents. Tb.e report is filed. REPORT OF '?PIE ,2v,-~v ...... . _ _ ~=...LQL.-GF~: The City Li, ar~ger submitted reoort of t;ork accom- garbage POLIC~,.. DEP,~:.~: A report from the _Wolice Deoartment_ and Police Court for the 'mont.~. of October, 1955, Eas before Council. i The report is filed. CONSIDERATION OF CLAIMS: Hone. INTHODUCTION :d{D CONSIDERATION OF ORDINANCES ,2iD RESOLUTIONS: CL"~[ OF 'i'vE C0b/qTS-INTEHNAL REV~UE STA/.~S: The City Clerk having been directedi to prepare Resolution authorizing a petty cash fund of 350.00 for purchase and sale of Internal Hevenue otamps to be handled by the Clerk of the Courts, submitted same;~ whereupon, :.:r. ',,ood offered the follo;'~ing Resolution: (~5028) A RES'JLUTION autb. orizing petty cash fund of ~50.00 for purchase and sale~ of Inter:z~l Aevenue ~ta:aps for tho Clerk of the Courts. ( For full text of Resolution see Ordinance Book i~o. 9, page 98 . ) L:m. ,.ood moved t~e adoption of the Resolution. T~e :notion ~as seconded by 'r. l:o%';ell, and adopted by t~e follo%'~injj vote: AY ,-~. .essrs. 23ear, -,,~: [~Olle .... O. i o~;'ell, ,,inn, and .,ood----4. lid ?d~B.~TES: The question of refundin~3 L~s. Callie Lee Grubb .j42.99 eavering duplicate assessment on Lots 7 and 8, Block 16, East Side Land Company, for years 1951, 1932 and 1933, and a':_~plyinc same on unpaid taxes for t'..~e years 1954, 1935 and 1936, %';as before council, L2r. ',;inn offering t.~e follo%'~ing ._.2esolution: R,,.oc~.~.-zOi, to refund [.~s. Callie Lee Grubb ~42.99 covering duplicate ilassess:.:~ont' on Lots ? and 8, Dlock 16, ~st"'~ Side Lmud~ ~om~'_'any, for t~.e years 1931, 1932 and 1933. ( For full text of Resolution see 0rdizmnce Book i.'o. 9, -page 98 .) :.~. inn mo ye d ~ b _ ,, ~ .e adootion of t~e ilesolution. Lip. ?,ood, and ado~, ~ : ~.ted by t~e fo!!o~:.ino vote T~.e n~otion ~'ms seconded by AY,'..o. 1.2essrs. Bear, i;oY~eil, Wi.un and ,.ood .... None .... 0. oE.,..,,, ~2'~ oIDE'-AT.i-[~oo~o~,._..." ' ."~:,~'o' '~['%e City Clerk brou.gbt to t~e attention of Council a request for re:m.~tting ~ev;er Assessment on i~. 'fR. part of Lot 295, ',','ard 4, R. L. & i., remounting to .,~10.99 ~';itb interest from :lar~ 1, 1923, the sane ~.aving ~ remained unpaid as a result of erroneous infor~ation given by the City Clerk's ['Office to ,~.ttorney in abstracting title, t~e property in question now being in t~e nar, e of City Developing Corporation. The City Clerk bavin~g personally exar~ned t~e abstract in the case, L:r. ~;ood offered the following Resolution: (~5030) ~ RE$0LL~TION authorizing and directinG the City Clerk to release principal and interest charge on controversial Se%'~er Assessments. ( For full text of Resolution see Ordinaace Book i~o 9, page 99 i. Rr. ,'ood moved the adoption of t~,e Resolution. The motion ~:as seconded by l.,Rr. Po'.'~ell, and adoDted by the follo-~ing vote: ~o: i.~essrs. Bear, l-'o~ell, ~,i~ and Uood .... 4. NAYS: None .... 0. B~I~S ,~ ,,~,,~ a~,~ ,~aa~.~'IT: i~. ~. E. Echo[s having Assessment on Lots ? and 8, Section 11, LRelrose Land Company, even though abstract of title prepared at the time of purchase indicated no Sewer Assessment against the property in question, and Council having aut.~orized the remitting of assessments in such cases, i.lr. Powell offered the follo~',i~ Resolution: (~50~1) k RESOLUTION to refund J. E. Ecbols ~23.2~ covering Sewer Assessment on Lots ~ and 8, Section ll, lf. elrose Land Company, paid in error· ( For full text of Resolution see Ordinance Book i,?o. 9, page 99 . ) 34:1. 42 !~r. Powell moved the adoption of the Resolution. The motion was seconded by Wood, and adopted by the following vote: AYES: Messrs. Bear, Powell, Winn and Wood----4. NAYS: None .... O. REFb~DS AiTD REBATES: The City Clerk having been directed to prepare Resolution 'authorizing refund of ~12.00 covering Real Estate Tax and penalty on Lot 8, Block !2 Rorer Heirs, paid in error by .~lbert Blackwell, submitted same; whereupon, ~,~nn offered t~e follo~;ing Resolution: (~5032) A RESOLUTION authorizing refund of ~12.00 covering Real Estate Tax and penalty an Lot 8, Block 2, Horer Heirs, standing in the name of Albert M. Blackwell. ( For full text of Resolution see Ordinance Book No. 9, page 100 . ) :dr. ',inn moved the adoption of the Resolution. Tb_e motion ~as seconded by .k~. ',ood, and adopted by the follo¥,ing vote: ~..~_o. Llessrs Bear, lo~ell, Uinn and Wood .... 4. I~'~LS ;d'(D PL.,Yu.t~.U,~,DS: OrdL~ance 1:o 5017 providing for an election on the iquestion of endorsing an ordinance for issuing of bonds for the purchase of land ifor parks and playgrou~d purlooses ~aving been introduced for its first reading at the regular mee~in.s of .Council on Friday, i:ovember l~, amended insofar as the date ~of election is concerned on ll. ovember 20, was again before Council for its second reading, as e?nended. i~o objections baying been evidenced to the Ordinance as introduced and ~:lended, ':,Lt. :.inn offered the follo¥~ing Ordinmuce as amended for it s second reading: (~5017) .41~ uRDI,.~-bCE directing and providing for the ~olding of an election in the 0ity of Roanoke to take the sense of the freehold voters on the question of ':endorsing an Ordinance providing for the issuing of bonds for the purchase of land by said City for public parks. ( For full text of Ordinance see Ordinance Book No. 9, page 93. ) :..~. :,.i~n moved the adoption of the Ordinance. The motion ¥~as seconded by ,..~. i-ov~ell, and adopted by the follouing vote: ~Y~o. Liessrs Bear, iov~ell, ',':inn and Wood .... H~YS: None .-. ---0. ' RO~-qOKE '~,:AT~R ';'.'OI~S COiiP~NY: Ordinance i, Io. 5018 providing for the condemnation ~'of the property of the Roanoke Water Works Company having been introduced for its 'first reading at tb.e regular meeting of Council on Friday, November 13, _amended insofar as the date of election is concerned on November 20, was again before Council for its second reading, as amended. !i No objections having been evidemed to the Ordinance as introduced and amended, L~. ',,'inn offered the follo¥~ing Ordinance, as amended, for its second reading: F !' (#5018) Ai~ O?tDIi,,.-~.~CE providing for an election for the submission to the freehold voters of the City of Roanoke the question of approval of an Ordinance ioroviding for the condemnation by said City of the property of'Roanoke Water Works vorks or system, tangible ~ompa_ny, a corporation, consisting of its watar plant, Ipersonal property, easements, lands and buildings v~ith .appurtenances thereto, and also all rig'~ts, privileges and franchises used and useful in supplying water to l. said Company' s customers. ... ( For full text of Ordinance see Ordinance Book No. 9, page 94. [i M~. ;,'inn moved the adoption of the Ordinance. Lowell, and adopted by the following vote: The motion was seconded by AYES: ~essrs. Bear, ~owell, Winn aha Wood----A. NAYS: None .... 0. TRAFFIC: The Traffic 0rdinar~e was laid over until a full membership of Council is present. :.~0TIONS ~'d~D !,;ISC~'*~LL~'~EOUS BUSINESS: RE~JNDS .JiD REB.~TES-TAXT~S: The petition of the United Brethren Church of Ro~uok~ as submitted by ~alter .:. Keller, ~ttorney, for re~mittance of taxes on property known as Lot 9, H. C. Barnes ~ap, previously before Council, ~as again before the body, and after a discussion of the question and it appearing that the taxes on said property ~as a consideration in the deed file for recordation on February 4, 1926, in exchange of property ~ith S. D. L~cGebee, t~e City Clerk ~'~as directed to advise the petitioners that the request has been denied. ~T0~ D~iI!I: The City LLanager reported on the request of i.~. J. H. Likens for enlarge~ent of stor~ drain at 807 ~'ifth .~venue, i~i. W., advising that the esti~ated cost ~as approxL.uately 91~,15~.~6 if done under contract and if as a WPY~ project j7,077.00, and recoL~ended that the ~'~ork not be undertaken at this tir~e inas~nucb as the Budget does not provide for sufficient funds for ~'ork of this nature. The Sity '.armger is directed to negotiate in an informal ~ay ~'itb ~0~. Likeas ~'~itb a view of excba~ging certain property no~J o~ed by the City for ~.~roperty outed by the petitioner and affected ~'~o~ stor.~ drain ~'~ater, and to r~.ca-t~ back to Co unc il. ~ ~~ ,IDE~i~G: The City Malinger reported an estimated cost of ~B,057.00 to x'~iden Fran~,~in Road the ~'~idt~ of E~- feet fron~ L2arsh~l ~venue ~ L2o~t~n Lvenue. of discussing t~e question of discontinuing street cars on Franklin Road v~ith t~e ~ianager of the Roanoke Rail~ay and Electric Company. The question is held in abeyance until t~e City idanager has hsd an opportunity .i ti :~'A: The City ~anager brought to the attention of Co,,ncil H. E.. ~ecredy for $,OOO square feet of office s~.ce to house offices of the Districl; UPA to consist of eighty people, ~hich is to be located in Roanoke, and suggesting use of the old telephone building. ~fter a discussion of the q~estion, on motion of ~. Wood, seconded by Mr. Pov~ell, the City !Janager is authorized to continue negotiations, ~itb power to act, of the old post office building the 'JJPA personnel Eill vacate the property upon sixty days' notice. R0~NOKE TUBERCULOSIS ~SSOCIATION: The City ~ianager submitted verbs~ report ~itb a view of concurring in suggestion from Council that any agreement entered int be for a period of six, nine or twelve months ~ith no e~£~en~e for repairs or r.'~aintermnce to the City, with the understard~n/g if the City should negotiate a sa21~ on the cost of constructing a tuberculosis pavilion at the Burrell L~emorial Hcspita for colored at an estimated cost of $11,886.80, and sub~itted plans ~ith respect to same for the accom~odation of fourteen patients, advising that a,I~er t.be con- struction of same t~e cost to the City ~'ould be approx~ately $1.85 per day for _~_ intenance, and recommended tha~ in vie~ of t.~e fact there are no funds available in the present Budget at this time for the cor~truction of such a building, and in that ~be City has been fairly successf;,! during the last year in getting patients admitted in tDe sanatorium at Burke~ille, eleven patients having been admitted 343 '.3.44 during the past year, further consideration of the matter be postponed until con- s ideration of the next Budget. The recommendation of the City ~.:anager is concurred in, and be is directed to advise the tuberculosis authorities accordingly. F~IN ROAD BRIDGE: '£Be City Manager reported the official opening of the Franklin Road Bridge over the Virginian Italia';ay tracks at noon on Friday, November ~27, 1936. TR.d~FIC: The Vice-Chairman, If.r. Bear, brought to t~e attention of t~e City ... n g and Co~cil the proficient ~er, ir. bis estimation, of t~e ha~ling of ~traffic during the ThaM:sgiving Football G~e, suggesti~ that the ~:olice Depart- ~nent be extended an ek~ression of c~endation. .. RO~,.~~' .... '. .~ ,,,,~:~'~ ,,o..~ ~...~.~.~'~'~ '~" T~e Vice-Chai~n, ~. Bear, brought to t~e~ :attention of Council the res~~ of hsarip~ of rate case of the Ro~oke Water Wor~ Comi~any in ilicbmond on November 50, 1936, advising it bad been previously agreed all m~bers of Council ;':ould attend t,-e bearing, and presented ~uemorand~ from Mayor Zmll, ~bo ~:ss absent, urgi~ all m~bers to attend en masse. There being: no iurt .er business, on motion of l.lr. Winn, Council adjourned. App ~ .~OVED President [! COUNCIL, REGULAR ;,,~.ETING, Friday, December 4, 1936. The Council of the City of Roanoke Room in the Municipal Building, Friday, the regular meeting hour. met in regular meeting in t.~e Circuit 0curt December 4, 1936, at 5:00 o'clock p. m., PRESE~IT: Messrs. Bear, Powell, ABS~T: None ..... O. Winn, good and the Pre side nt, Small --5. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. N. P. Hunter, City Manager, At torney. MINUTES: It appearing that a copy of the minutes and Mr. C. E. ~unter, City ~ of the previous meeting having been furnished each member of Council, upon motion, of Mr. Powell, seconded by Mr. Bear, the reading is dispensed wit~, and t~_e minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS ~ PLAYGROUNDS: Mrs. T. Allen Kirk, Mrs. Lawrence Davis and ~&rs. R. ~. oyer appeared before Council following a communication presented at a previous meeting of the body, asking that further consideration be given to the purchase of Mill Mountain for a park site, bird and flower sanctuary. Mrs. Davis, as spokesman for the committee, suggested that to acquire the property ~ould be an asset to the City end it woul~ be unfort~ete if the property should be acquired and developed for commercial use by outside interests. The President, I~Lr. Small, in responding to the request, stated that he personal' ly, and Council as a whole, realized the desirability of adding Mill Mountain to the. park system, but the immediate problem is to find t~e money, it being his opinion i that before Council undertook to authorize an expenditure such as would be necessary for the purchase of Mill Mountain the sentiment of the freeholders should be indicat, ed at an election to be called for that purpose, and inasmuch as an election is to ibc held on January 9, 19~, on the Question of authorizing bonds for the purchase ltl three park--s~tes throughout the City, it was the sentiment c~ Council in vie~ of the fact othe~ improvements have been requested, such as a ne~ WaS_cna bridge, tc vote on acquiring Mill Mountain at this time would have a tendency to defeat the ~other park projects which appear to be more urgent; and suggested further that it 1Eight be possible for Con~cil to undertake to matc~ funds subscribed by public ?subscript ! ions made for the purpose of acquiring this property. After furthe~ discussion and the committee suggesting that some act ion be taken in order that the City mlgbt acquire an option or the assurance of sm opportunity of acquiring the property if and ~hen the s~me is placed on the market for s~!e by Washington ~n.d Lee University who no~t holds the property, Mr. Wood, ~n al~nnnus of ~Washington and Lee being appointed as a committee of one to confer informally with be worked out,~i) to construct two ~est, one to be Council, the City ~Washmugton and Lee authorities with a view of ascertaining what might or keeping Council advised of any ready sale for t~ property. PETITIONS ~ COMMIEIICATIONS: CROSS-OVERS: Application fr~n Mrs. Vtna L. ~haley for permit cross-overs to accommodate Garage p~operty at 601 Campbell Avenue, located on Campbell Avenue and one on Sixth Street, was before 3'45 346 ~anager reecmnnendtng that the permit be ~rante~. ~r. Bear moved that Council concur in the reccmmmendation of the Ci.y, Nanager, offered the following Resolution: (~50~S) A RESOLUTION~ granting a permit to Mrs. Vina L. Nhale7 to construct two cross-overs to accommodate Garage at 601 Campbell Avenue, S. YJ., one cross- !over to be ( Mr'. Bear moved the adoption of the Resolution. Powell, and adopted by the following vote: on CawT. bell Avenue and the othar on 3ixth Street. Fc~r full text of Resolution see Ordinance Book No 9, page 100 The motion was seconded by AYES: Messrs. Bear, Powell, Winn, Wood and the President, ~Ir. ~mall --5. NAYB: None .... 0. ~PPALCHIAN ELECTRIC POWER COM?ANY-STREET LIGHTS: A communication from the 'Appalachian Electric Power Company addressed to the citY Manager, advising that .ten 1,000 C. P. Sodium-Vapor l~mps have beam placed in operation on Franklin Road Bridge as of November 25th, and asking that Resolution authorizing the installation 'at an ann:;~l price of $60.00 per lamp be adopted by Council, was before the body. On motion of Mr. Bear, seconded by !&r. YJinn, the city Manager is directed to notify the ~ppalachian Electric Power Company that CouBcil will discuss the matter . ~me the street lighting contract w~ic? of contract for the bridge lights at the same t' ' expires on December 12th, is considered, this meeting of Council to be adjourned until 7:50 o,clock p. m., Monday, December 7th, for that purpose. T~J~S: A communication from Reverend Benjami_n A. Jenkins, Pastor of the Church of God, located on Rugby Boulevard, asking that nnpaid taxes for the years 1934, and 1936, be remitted in that the property in question, standing in the name of Lee and deed filed for recordation on 195[ N. La~rence, was purchased during the year 1934, September 28, 1936, was before Council. The City Clerk is directed to acknovJledge receipt of the communication and to i~advise that same bas been read a~ considered by Council, and that in view of t~e circumstances a_~_d the property ~baving been placed on the t_~ free list for future !assessments, there is nothing.further it can consistently do in the matter. TAX~: A communication from Cocke, Hazlegrove & shackelford, asking tha~ taxes for the year 19~ on property standing in the name of the Jefferson Standard Life Insurance Company ~ud transferred by deed to Emanuel Pilgrim 28, not consistently establish HOGS: a communication !icertain changes in the proposed hog 24, 1956, was before the body. 1936, be remitted, was before Council. The City Clerk is a~rected to advise that u__~_der the circumstances this precedent. from Dr. C. B. Ransone, ~ealth Officer, suggesting 0rdin~nee, which was before Council on April Churc.W on Novembe Council can- to again refer the matter to Dr. Ransone requesting The City Cle=k is directed that after conference w~ith the City Attorney he submit the proper Ordinance ~ich ~Eill be given further Consideration by Council. I! T~x~.S: A communication frc~ H. P. Jordan, asking that tax assessment on Lot 12 [Block 2, E. B. & I., standing in the name of E. Lucille Jordon, be adjusted, the lsame having been volu__n_tarily raised by the Board of Assessors after protest by the owner registered at that time, was before Council. On motion of '.~ir. Ninn, seconded by Mr. ~ood, Mr. Bear is appointed as a committee of one to confer with Mr. Jordan, and to report back to Council with his rec ommendat ion. REPORTS OF OFFICES: REPORT OF THE C~TY ~GER: The City Manager plished amd expenditures for week eroding November removal as fifty-six cents. The report is filed. submit t ed 26, 1936, report of work acoom- showing cost of garbage APPOINTMENTS: The City Manager reported the res~ gnat ion of Charles Earl Morgant who entered service of tbs Police Department as patrolman on November 16, 1928, ! effective December 1, 1935, and the employment of Theron K. ~ilson, age 25,'as patrol chauffeur on December 2, 1935. The report is filed. REPORTS OF COM~iITTEES: None. UNFINISHED BUSIN~BS: None. CONSIDERATION OF CLAR;~: None. INTRODUCTION ~ND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC: The Traffic Ordinance having .been introduced for its first at the regular meeting of Council on November the City Clerk directed to bring same before December llth, for final consideration and passage. reading ~0, 19~8, was again laid over, and t~e next regular meeting on Friday, The City Clerk will confer with the Mayor for drafting of communication to the Citizens, Co_mmittee on Monday, December ?, r:r0TION~ .iND ~IoC ~,I.~a~0US BUSINESS: 1936. R0~NOKE TUBERCULOSIS ~SSOCIATION: The City ~anager brought to the attention of Council a request from the Roanoke Tuberculosis Association for authority to expend certain funds in the Budget for operation on a tuberculosis patient by the name of ]~r. Ballentine, at an approximate cost of $~5.00. The City Manager is directed to confer ~itb t~e tuberculosis physician and if in bis judgment t~e operation is necessary to authorize the expenditure. PABKS ~ND PLAYGROUNDS: The City Manager brought to the attention of Council an Offer from Mr. Henry P. Glasgo~ for the sale of property adjoining t~e Addison High School. After a discussion of t~e ~uestion, Mr. Bear moved that t.~e City Manager be authorized to make an offer of ,2,500.00 for the property with the understanding if the price named is acceptable, t~e Question will be given further consideration by Council. The motion was seconded by i,f~. Powell and unanimously adopted. REC~ATION DEP.~RT'~. !T: The City Manager brought to t~e attention of Council a irequest from the .Director of t~e Recreation Department for permission to take up a :itol~ntary collection .at a Football Ga_me to be held on Saturday, December 5th, for he purpose of assisting in defraying expenses incident to professional services ~endes~ed ~° f°°tball player~ injured ii1 t~e ~a~ldlOt lea~Z~le, the purpOs~ being that '~ l~ke amo,~nt be appropriated for the purpose above indicated. It was the consensus i f opinion of Council that there wou]d be no objection. ROANOKE RAIL;?AY AND ELECTRIC cOMPANY: The City Manager reported he had conferred i'iith the. Roanoke Railv~ay aBd £1eotri¢ Company aut.horities ~itb reference '~a pavi~ lhe port,on of Norfolk Avenue occupied by street car tracks frem the intersection ~'~ Campbell Avenue to -~ise Avenue, S. E., as petitioned by residents in that section, d that the Street Railway Company had advised sufficient funds are not available ~or that purpose. It is suggested that the City Manager confer with signers of t~e petition and ~xplain the situation as ~t now exists. 347 348 MILK: ~r. Bear presented connnunication fr~n C. E. Evans with reference to sanitary milk bottle caps, e_ud asked that same be inoluded in the m!'lw file fo~ future reference . In this connection inquiry was made as to what progress ami what expenditures have been made under Res~lution appropriating $1,000.00 for t~e investigation of the milk situation in the Roanoke area. Mr. Bear, as Chairman of the Committee, reported that due to certain condition: land until the City Attorney has a little more leisure time, it was thought best not !to hurry this matter and for the time being the committee is more or less dormant, ! no expenditures having been made f~om the appropriation. CITY SERGEA~T-CO~P~SATION BOARD: Mr. H. E. Mayhew appeared ipresented estimate of expenses and salaries for the conduct of his office for the calendar year 1937 for submission to the Compensation Board. before Council and The City Clerk is directed to prepare the necessary joint Resolution for consideration of Co;mcil at its next regular meeting. BUILDINJ CODE: Mr. Bear presented copy of Building Code now in effect in the !City of Harrisonburg, Virginia, as a reference in oGdifying Roanoke's Buildfng Code., In this connection, tb.e President, t~r. S,,~ll, stated after tb.e adoption of the Traffic Code it was his suggestion that the next move in codifying the City 0rdimnces 'v;ould be to invite reputable contractors, builders, architects, etc , interested in the City of Hoauoke, to serve on a c~ttee for the codification of the Building Code, and asked that t~e ne~Jspaper express Council's desire for suggestions and changes to the present Building Code in c~der that same might be in keeping ~itb :modern building practices. FIRE PR~F~TION: Idr. Bear brought to the attention of Council a copy of the Fire Prevention Code now in effect in the City of Ric_~nond, and called attention to interstate shipment of gasoline in tanks or drums by motor or tr~cks through lithe City of Roanoke. The City M~nager advised that no difficulty or complications have been experienced in this connection. The City Manager is asked to keep a watchful eye on this situation. S~EET LIGk~IS: Mr. Winn brought to the attention of the City L~.anager and on 21½-Str ee~ [Cou~cil the advisability of erecting at least tv~o street lights [between Patterson ~venue a~d Shaffer,s Crossing. [ The City Manager.is directed to confer witw, the Superintendent of the Motive iPower Department of the Norfolk and Western Railway Company, with a view of having the rail~ay cGnpany erect a floodlight on top of Sbaffer's Crossing viaduct. ,i i STREm~ SIG~S: Mr. winn brought to the attention of Council a request for ithe moving of the ne~ly erected street sign on Maple Avenue in front of property lof ~. Mundy, it being suggested that the sign. be moved ~_p_--ox.~.mately 100 feet to ithe alley. The City ~zuager ~ill investigate the matter v~ith a view of moving the sign. ! STREET SIG~S: The. President, Mr. Small, brought to the attention of the City ~ager and Council the ~uestion of placing and relocating traffic signs in order ithat trucks m~ght be routed over the Franklin Road Bridge, particularly wit~ reference to the signs at the intersection of Maple Avenue and Jefferson Street, and also at the Southern end of Franklin Road at the intersection of the highway leading South. i T he City Manager will study the situation ~itb sugge st ed. a view cf placing signs as AIRPORT: The President, Mr. Small, brought to the attention of Council the Questiea o1' the Municipal Airport, and s~ggested that it might be appropriate to discontinue the committee appointed for consideration of this question and direct the City Manager to te~ninate the contract and appoint $ Municipal Manager of the Airport and to later take up with the present operators any disputed items, and suggested that this Question be considered as the second item at the Adjourned Meeting of Council on Monday night. TAXES: The President, ~,ir. Small, brought to t~e attention of Council Ordinance No. 4697 prescribing ;'~ben city taxes on real estate and pers0 nal property are payable, providing interest onaBd penalty for the nonpa~aent t~ereof, and providing for Quarterly payments sn~d a discount of t~ree percen~ if paid prior to l~arcb 31st, suggesting that the discount be reduced and the penalty be applicable after July 5th instead of December 5th as now in effect. After a pro and con discussion of the qaestion, L~. Uinn expressing the opinion'~ ~.tbat the discount clause should be eliminated altogether, and X.r. Bear being opposed to the levying of any penalty, t~e City Clerk is directed to prepare an amendment ~ to the present Grdinance providing for a two percent discount if paid prior t~ March 31st, and penalty applicable for all unpaid taxes after July 5th, for further consideration of Council at its next regular meeting. R0~0~ RAILWAY AND 5LECTRIC COL~.~Y: The President, t.:r. Snell, 0roug~t to the attention of Council the question of substituting busses for street cars on Frank!in~ Road, advising that the Safety ~Jotor Transit Corporation bas indicated they stand .~ ready to cooperate and to place in service modern busses if street cars are withdrawn from the line. After a discussion ~ the question, it being t~e opinion t~at to withdraw the street cars ~'~ould necessitate a joint submission to the State Corporation Commission, the City ~anager is directed to discuss t~e q~estion with ~. Horn, ~anager of the Roanoke Railway and Electric Company and the Safety L.;otor Transit Corporation, and request that he have a representative at tWe next regulsr meeting of Council for further consideration of this Question. FRAI~LLIN ROAD BRIDGE: T~e President brought to the attention of Co,,~cil the Isuggestion that the City ~.~{anager be d52ected to address a communication to t~e Garden Clubs of Roanoke, asking that they consider circularlizing their membership ~ith a view of' undertaking the beautification of the approaches of the new Franklin Head Bridge. There being no further business, on motion o12 i~'.._ Wood, Council adjo~ned ~til 7:$0 o'clock p. m., l~onday, December aPPROVED 349 350 O0UNC ~, ADJOURNED MEETING, Monday, December ?, 1936. The Council of the City of Roanoke met in Adjourned Meeting in the Circuit Court Room in the Municipal Building, PRESENT: Messrs. Bear, Powell, ABSEhT: None .... 0. The President, Mr..~__m~._all, presiding. OFFICERS PRESE~: Mr. ~'. P. Hunter, City L:anager. STPSEET LIO~.TING-APPALAC~IA~q ELECTRIC P0',~R C01,~PANY: The President, Monday, Decenber ?, 1936, at ?:30 o'clock p. Winn, ~'ood and the President, Mr. Sm~ll---5. stated the Adjourned Session of Council was called for the purpose of discussing ~ith representatives of the ~ppalachian Electric Power Company the question of renew&rig contract for street lighting which expires on The President in addressing Mr. W. I. Whitefield, December 12th. Manager m d Mr. S. ~'~'. Andrews,! representing the ~ppalacbian Power Company, stated that early in November the Power Conpany submitted to Council t.broug~ the City ~lanager a proposal for renewal of contract for street lighting for a ten year period. Council has considered t~e contract submitted and after deliberation and mature consideration has reac~ed the conclusion t~e contract as submitted must be rejected and you were officially notified by the City Clerk who transmitted a Resolution declining the contract as submitted. Council intimated at the time it was open to furtWer discussion and negotiation in the ~tter ~nd t~is ~djourned Meeting tanight is primarily for the _~urpose of listening to anything further you might have to say. Council might have some tb~ngs it ~ould like to discuss, but before going into t~at it m~ gbl~ be appropriate to discuss any phases of the proposal yo.u have submitted. i.~. '~itefield in duscussing the question stated t~at the Appalachian Electric Po~er Company in supplying street lighting service now furnished, and proposing to supply t~e curr~t used. to aboug 1,O00 lights all furo_ish, bas to maintain a rather extensive street ligWting system extending fr~m various sub-stations to individual lamps, the erection and mintainarce of poles and street iig~ting fixtures w~hic~ the Power Company ~as to maintain l~hat system and At the present time the Power Company is supplying service over the City of Roanoke. Briefly t.~e proposal as previously sub--tied is t~is: The City now pays approximately $39,000.00 per annum, under, the proposed contract t~e Po~ er Company ib.r the same amount of money, proposes an increase in candle power of approximately tmenty-five per cent, t?e Po~er Company plan~ to do tl~t by incmasS~; the size of the existing lamps, proposing to 'increase all of the existing 100 candle pow. er lig~bts to 250 candle po~er lights, and changing 400 of the 250 candle power to 400 candle pcmer. By making the two sAggested changes Would represent an increase of tEenty-five per c~ut in camdle power, and ~de certai~ Suggestions and recommenlations for tbe replacement of tbs smaller lights ~ith large~ lights to absorb the increase. L~. Whitefield stated further t~at bis company had made an analysis s~o~ ng ~he rates paid for street lighting elsewhere in the state and in the Carolinas, and entioned specifically the cities of Lyncbburg, Norfolk, Petersburg, Portsmouth, Alexandria~ and Danville, in Virginia, Ashville, Raleigh, ViBston-Salem, Columbia, Scut~ Carolina, and others, t~e rates quoted as paid by the various municipalities being, ~39,000.00 as a low, paid by the City of Roanoke, to $7~,345.00 paid by :olumbia, SoutW Carolina, for the same an~,,nt of illumination, and expresaed the ~ptnion that tBe ~osa~ sub~tted for t~e C~ty of Ro~oke is an adv~tageous one, as bas the City always enjoyed a very advanta~us rate on street lighting. The President, i,~. ~1, raised the ~estion as to ~et~r or ~t twe~y- five p~ cent increase in candle power represente~ a like increase in cons~ion sf electrical energy a~ also if o~ersbip of sta~ards and other eq~pme~ ~d not enter into t~e com~rative fig~es quoted for other cities, a discus~on of the ~st~n deve~ptng that the Appalachian Electric Power Comply c~~ ow~rsbip of a~l lighting equip~nt in the City of Roa~Dke, a~ that the same was paid f~ p~tly by the City a~ partly by mercb~ts or prop~ty o~ers, t~e Power Company claiming Pa~e~ for a~ut f~ty per ce~t of the equipment. In a pro and con discussion of the question of cost and pa~.~ent of t~e Facilities, inquiry was made as to bow the Po~er Cor.~pany arrives at the rates for ~Ibe lighting, ~vbich ;..~. ~,bitefield stated a good many' t.hings ~ave to be street to ~aken into consideration, mentioning the operation of t'~-e s~stem ~ ich ~e stated costs considerable amount of money every year in t~e form of l~.~p replacements cleaning the glassware, taking care of trouble occurring on street light circuits during stor~s, maintainance of the distribution lines, etc., and, of course, t~e '! current supplied for the street lig',t Lug ~bic~ is not in any way the entire cost ~f t~e street lighting system. Inquiry was made as to v~et~er or not t?,e Power Company ~rnis~ed t~e State Corporation Commission a tariff for street lighting purposes on t~e same K~£ basis Is f~r commercial users, the response being that no such tariff is filed. The q~estion of rates per Ki2I was discussed sorae~hat at length, t~,e inquiry ~eing made as to ~hetber or not t~e rate for current used from the seventeen circuits ~y the City ~'~ould not be !e~s if furnished on a commercial basis after allowance ~'~as ~ nade for :maintainance and operation of t'~e system. ~ It was the contention of t~e Power Company's representatives that t~e rate ~ould be higher and tb~t suc.~ a comparison ~as not practica! in that it cost a lot iOf money to operate the system and that an invest~'Gent, wbic~ the Company s~ould have some ret~n on, would figure in suc~ a comparison; that t~e street lighting system ; :is designed rand operated solely for t~ e City of Roa~oke, no other users being ~e~ved from t~e system; that if the City wanted to relieve t~e Company of its '~nvestment and buy on t~e K~jti basis, the City could be put on the commercial and ' ~ omestic basis, which brought fort~ the inquiry if t~e Pov~r Company did not have an investment involved to supply t~e c~nnnercial users. .The Question of chargeable items for pol. es, cross-arms, wiring, etc., and ~perating cost, was discussed, the Power Company's representatives stating under ~e proposal the cost of operation would be about $12,000.00 to operate t~e street lso special cost of maintainance as a result of storms necessitating special men teing assigned to the street lig~,ting system. [ig.~ti~_g system, w~ich includes renewal of lamps and ot~er items previously mentioned, Figures compiled by the City fo-r maintainance are far below the figure cited i[ ~.~. W~itefield, the President stating it does not exceed ~6,400.00, and a discus-!, szon of t~e cost of replacements revealed the Pov~er Company used a larger figm'e as I :est of lamps than was used by t'~e City in its analysis, the President stating w~en t :eference is made to the $12,000.00 figure used by t~e Power Company for operating 351 352 the system "t~at is subject to some disagreement so far as Council is concerned - you may know better than we do." The President made inquiry as to what would be the position of the Power Company if the City undertook to ,make a proposal to meter the current, M~. ¥~itefie~ countering by asking "do you mean the City ~ould want to take over the investment?" ~,Ir. ~',~itefiald in replying to a question by Lir. V~tnn if metering on the ~'coimnercial rate would cost t~e City more than it is paying at the present time, advised "it would"; whereupon, I~.r. Bear asked if the Power Company bas any figures [to base that on, i/r. Wb. itefield's answer being that the commercial rate is higher ~t*,an t*,e City of Roanoke is paying if you take into consideration the amount it icosts to keep t~e system going and allow some kind of return for t~e investment, 'w"'ich elicited a discussion of investmeng cost for com_mercial users, K~7I.I rates and responsibility for ~ain~ainance of the different services, t~e President stating [:the City would not undertake to consider t~e investment in any proposal for i. furnishing current on a metered basis; whereupon, ~.[r. U~it~field stated very ~fe-~: municipalities throug*,out the country boug~'t t*,eir curren~ on a metered basis, .mentioning Jacksonville, Florida, as one city, that t~e only way the Pov~er Company would be interested in r.~etering t~e current would be for it to be compensated for the investnent. T~e President sta~ed that Council finds t~e City of Roanoke entered into a ~contract ~','ith t~e -~ppalacbian Electric Po~'~er Co~p~ny on Dece~.~ber 1~, 1916, for street lighting, w~ich continued until 19B6, and ~as since been renew:ed for t~o isuccessive periods of five years each, during ~'~ich time t~er~e was one increase in ~tbe rate for 600 candle pomer lights from ~0.00 to ~40.00, and t~at for the period 'of t~',.'enty years the City of Roaroke ~as had no reduction in its cost for street "ig~ting; whereas, t~e Power Company states to t~.e con~nercial consumer t~at five reductions have been given during t."~e past ten years, amannting to approxims, tely fifty-one percent, and that it seems perfectly logical t~at in the absence of any reduction to t~e City, t~e Power Company s~ould ~ave been in a position to amortize its investnent cos~ of t~e street lighting system during these ten years w~ile reductions were being given to co.~._mercial users. L~. '.Jhitefield agreed t.bat this ~as true but stated the Company bas alv~ays ; :operated the street lighting syste~m in Roanoke - not ~ith the idea of making very muc*, money, stating fustY~er it could be shown that t~e rates du~ing t~e past twenty years indicate t~at Hoanoke ..bas enjoyed the most advantageous street lighting rates ibe kno~s of, and because of t*,e fact a cheap rate ~as been given it shculd not 'be. iheld against t~e Company ~hen renewal of t~e contract is considered. ~e ~resident stated, looking at it ~rom Council's side of't~e fence, it was ~.the natural conclusion by any measuring rod t~at a fifty-one percent reduction to co.m~ercial users should entitle t~e City to a reduction .in i~s street lighting rates~ and because of t~e fact that some ot~er community pays a higher rate than it should iis no reason v~y Roanoke s~ould be penalized. i' After a further discussion of t~is p~.ase of the question, the President stated ,:that the Poxver Company. proposes to give t~e City twenty-five percent more candle ipower ar~i made inquiry as to the additional consumption of current t.bis represents, ',it being stated by the Power Company's representative the consumption of current imould be in the same proportion or an increase of twenty-five percent in K~t's; ~hereupon, t~e President advanced the t~ought if t~e City preferred to renew rye Lighting contract on t~e present candle peter basis, by the same measuring rod, it ~ould be entitled to a twenty-five percent reduction in rates. To this Mr. ~,~itefield replied such a reduction would not be possible for the reason t~e ~perati~g expense and the investment would remain practically t~e stone. ~. Bear made inquiry as to what value t~e Power Company had set up on its Books as an investment for the street lighting system, t~e Power Company,s representative stating that no attempt had been made to segregate the investment for t~e street lighting system, the Company, however, realizes it nas a very large Lnvestment in this system; w~ereupon, ~. Bear suggested twet figures be presented ~o Council by t~h~ Power Company s~o~ing amount that s~ould be set up on the books 'under the proposal to earn $3B,000.00 from t~e City, but was advised the only ~ay ~bat could be done would be to make an inventory of t~e property, stating further ~f t~e .~lS,000.00 for operation is considered and t~e cost per K~.~0~ actually used ~igured in, and then after interest, depreciation, ~nd taxes ~ere taken into ~onsideration, t~ere is very little left as a return on t~e invest~.ent. ~ The t~resident in discussing t~e question further made inquiry as to what t~e ~ ~eactio~ would be if t~ere s~.ould~ be a disagreement on the proposed ~i~bting c~ntract ~nd t~e question bad to be carried before t~e State Corporation Co_~Juission s~ov~ng ~ , ~e Pov~er Company contemplated fur~ shing t~enty-five percent additional candle : p~er and a like amount of energy at t~e s~ue cost to t~e City as exists under the old ~ontract and that the City prefers maintaining the same candle po~er and energy ' ~o~? used and was asking for a reduction in rates, to ~'Jbicb LLr. l~Jbitefield suggested  hat he knew of no way t~e Co~nnission could pass on the q~estion vJit~out knov~ing ~be actual cost of the street lighting syste~u, it being bis thought,· ~o~'ever, t~at · ~ tber~ sWould be a disagree~ent and the CoK~Bission ~,as reeuested to pass on t~e ~q~stion, it would do so. I of the rates paid by other municipalities, population ~fter further discussion  ensity and other related subjects entering into cost of street lighting, Council recessed f~r further study of t~e Question by members of Council, together with City I ff ic i~ls. i!i After the recess, t~e President, iJr. Small, stated to t~e representatives of ~e Po~er Company that Council .~as given detailed consider.ation to the original proposal the Po~er Company bas submitted and still must decline to rene~ t.We contract ~or street lighting for a~y term of years upon its expiration on Dec~ber S~Itb, on ~ Sepsis proposed by the Company. The reasons for i~, roughly, might be s~ized in ~ ~be for~ of the discussion we b~ave gone into tonight; first, the City of Roanoke bas i ~ad a lighting contract for a period of twenty years ~th no decrease in rates, but n t~e contrary an increase in one rate in 1~0. Contr~asted wit~ this, substantiated >y your own statements~ t~ere b~s been a reduction in t~e cost of electrical energy ;o domes't;ic and conrmercial consumers in the past ten years ranging fram rS. l'~;y-t',~ to ~ifty-seven, virtually fifty-eight percent, for the type of c.on~mer whic~ is pplicable to the City of Roaroke. Those are t~e t~ significant reasons ~e do not ~eel the Council of the City of Roanoke can agree to a renew-al of the ligb~ting ~ontract. ¥ie are ~i_llin~ to further consider this matter in the hope some agreement1 ~an be reached before the expiration of the l~esent contract on December lgth, it being understood if no agreement is reached by that date, the matter will remain pen ~.d t~e City ~ill, of course, feel free. to take such steps in its own interests ~o arrmve at an equitable contract. ~ie t~ink t~e City is entitled to a reduction cfi .~ifteen percent in its lighting contract on a r~ene~e!~ basis for the same number of 353 354 Ilig~tz, the same oandle power, t~.at now exists in the City. ~e .~ay t~at bec. ause you have indioated to us under your proposal you expect to furnis~ twenty-five percent additional energy by voluntarily changing t~e size of the candle power lights in our.present system. The Council feels tbs present classification of candle power in tbs existing system is adequate. You have told us tbs c~ange you .propose will cons~ae twenty-five percent additional energy, and Council feels that this is not necessary at tbs present time. It is our conclusion we are emtitled to ~tbe benefit of t~is out-of-tbs-pocket cost to your Company for t~at additional electrical energy tbmt would ~ave to be consumed under this proposed contract, w~ieb ',will not be consumed if we renew our contract for the present type of light and ~.distributiou of candle power now existing. Boiled d~n, it seens your proposal :contemplates t~e consumption oi 250,000 additional KWII's per annu~, whic~ if ~rene~ed on present candle power basis ~ill not be necessary, a~t the City of Roanokei~ !feels your Co~pany will save an out-of-the-pocket expense of certainly fifteen percent of t~e ordinary increased consumption. We t~ink it an equitable request !t~at we be given t~at out-of-the-pocket cost, wbic'~ does not represent any additional !expense to your Co~upany. If ~e are unable to reach any agree~nent, t~e City might want to discuss wit~ you the question of meterin~ its oons~nption from its present circuits, or we may have to go to the Corporation Commission to dispose of t~e matter, wbic~ I do not it~_ink we are particularly anxious to do, nor do I think your Company is anxious to ldo, but ~e cannot reconcile ourselves to t~e fact over a period of twenty years the City ~as had no reduction in street lighting, and then renew t~e contract for a period of five or ten years at the same ce. st, particularly in view of t~e statement you .~ake that your proposal ~ill carry an increase of twenty-five percent in t~e iconsumption of electrical energy - that very roughly is the answer. , :: ~.~r. :~itefield in con~e_uting on the increase of twenty-five percent in candle ., .Do~er stated t~a't such an increase would entail only a small increase in investment and t~at the increase in operating expense would be rat~er small- t~at is t~e iprimary reason the Company is able to offer t~e increase of twenty-five percent in ~candle Dower without any increase in cost to t~e City, the m~!n iten of t~e expense !being the current consumed. ~ The President in responding to t~e statement advised that Council assumes the additional cost to the Pomer Company would not be twenty-fiwe percent and was el'~zmi~ting the question of increased investment and operating expenses, t~inking t~at part might be ten of t~e t~enty-five percent, being of the opinion t~at the 'zncreased energy proposed to be used would entitle t~e City to a fifteen percent reduction in the new contract. After assurance from Council t~at it was not the desire to increase the candle Po~'~er, but that it might be desLrable to include a provision in the new contract ~at the City could avail itself of t~e increased candle po~er at some future time, ~Lr. Whitefield made inquiry as to ~ether or not t~e City vo uld be interested in continuing the present street lighting contract with a saving to t~e City c~ $3,500.00 per annum. The President stated before a decision could be reached on · ~at, Council. would want to discuss the question of sodium-vapor lights on t~e new ~anklin Road Bridge, for w~icb the Power Company proposes a rate of $60.00 per a~n~ ~'it~ reference to t~is question, ~. ~bitefield advised t.b~t t~e City l~anager asEed his Company to help him out. It was bis impressi on the original layout called for 1,000 candle Dower lig~tSo In the study of t~e new lighting system it was foun{ t~e sodium-vapor lights could be Installed at less cost end at t~e same time give much better illumination. The City Manager asked at that time w~at the price ~uld be on t~e new lights and was quoted e price no authority bas been received from Council of $60.00 - stating further it is true for the new installation. The President in commenting on the question stated Council did not ~i s_h to be technical, the point being the only expense to the Power Company for the installa- tion was the cost of the lamps them.~elves, the understanding being t%e bridge was a turnkey job, the Power Company having no investment in the fixtures, the further assumption being that ~ben the price of ~60.00 was quoted it was supposed the Po~er Company would furnish the fixtures, to which statement t~e ~:ower Company,s repre- sentative replied that a letter was sent to the City Manager advising ~bat the cost ~ould be. The rluestion of cost of ~lobes for the ne~ opinion of Council t~ere ~i!l be a greater reduction in t~e cost of these lights ~'~hen t~ey are more universally used, and t~at t~e price %'~ill be comparable vrit~ t~ e best of lights of similar illumination, and t~at in vie~'~ of t~e circumstances and ',,~itefield attenpted ta justify the proposed c%arge for these lights by greater unit prices charged for bridge lighting in other cities in the state, ~e probability t~at t~e City ~':ill doubtless prefer the sodium-vapor lingers for ifuture installations on its brid~es, t~e charge for t~ese ne~ sodium-vapor lights Bhould not exceed ~5~.00 per annum. t o~ing ~ut ~.,as reminded that Council is not advised :v~,at part of -t;*,~ equipment r~as rum_ isled y t be munic ipalit ies. i~fter a furt.~er discussion of the cost of bridge lighting, the amount of .~quipment furnis*,ed by the Po~er Company and a comparative cost of t'.,e old system, . Whitefield advised if the City ~'o uld be interested in the ten l~rcent reduction the present cost for street lighting, something might be worked out on t.~e .'.~55.00 Basis for the ne~ socium-vapor lights. For a furtS, er discussion of the question in private c.%anbers by members of ]ouncil and ot.~er city officials, Council recessed. ~l' ~fter the recess, the Pr. esident, Mr. Small, advised the Power Company represen- iatives that Council had de!~berated further ~n rye proposal for renewal of the ontract on the basis of a ten percent reduction ~n t~e present annual charge predicated upon using the same candle power light units now in service, ar~ that iouncil is unable to agree with you that that is an adequate reduction. We still ~eel for the reasons we have enumerated to you in lay fashion s~ to speak, we are ;ntitled to a fifteen percent reduction. We sfkso have in mind the new contract ould extend for a period of five years and we would like to have, if we can reach n agreement, included in t%at contract a provision if the City desires to change ts !m-esent lighting un.its to a higher candle po~er, we co~.~]d avail ourselves of rates you bare proposed. Unless we can reach an agreement upon a new contract a fiften percent basis we understand we v~ill still get lights until we do reach agreement. ',;e want to stay away from t~.e Corporation Core-.mission and I t~ink it might ~e we].] for you to give further consideration to our proposal and %'~en you are ready o meet ~ith us again-,~e v~ill be glad to call Council together for that ptup ese. 355 356 Mr. ~itefteld stated that be was very sorry we are unable to reach an agreement. In view of the circumstances, the only thing he can do is to consider t~e matter further with ~is people and then advise Council. The President, Mr. Small, stated that Council was not attempting to close t~e door to a ten year agreement on the basis c~ a fifteen percent reduction; however, ~t.~e present disposition of Council is to renew t~e contract for five years unless i' feels it is to t~e mutual interests to continue it for ten y~ars, stating further t~st maybe t~e }ower Company after due considerati~ mC t~e matter might feel a five year contract more desirable. .e still feel in the light of the discussion an~ t~e statistical facts presented that the City is er.titled to a fifteen percent reduction for the s~e candle po~er now used and a $55.00 rate for the ne~ Franklin Road Bridge lig.~ts. I~Ir, L~itefield exp. ressed his t~anks and appreciation for t~e privilege of a?pearing before Council and together ~Jit~ ~e i:ower Company, retired. ROAI~OK'E P~IL'~AY ~'~D E~CT~LIC -tention o£ Council a request from 2~.r. ~. ~'. ~Rai!~'~ay and Electric Co~pany, to meet ~it December. T~e ~,,~*~: .~.~a~ager_~ ~as directed to advise L'r. ~ioffman that Council will be glad. to meet ~it~ '~i~a an hour before t~,e regular' Council meeting on eit'~er Frq_da~r, Dece~::ber llt~ or December 18th. T~ere being no ft~ther business, Council adjourned. At'PRO VED I! COL~NCIL, REGULAR 2.1EETING, Friday, Dece~nber liT 1936. The Council of the City of Roanoke met in regular r~eeting in the Circuit Court Room in the Municipal Building, Friday, December ll, 1936, at 2:00 o'clock p. m. PRES~.T: Messrs. Bear, 1'o~ell, ~:inn, ~'ood, and the PresiGent, Mr. Small --b. -QBSE~.,T: None---0. The tresiient, ~r. Small, presiding. OFFIC~ I:RES~IT: Er. ,. P. Hunter, City Manager, and L~w. C. E. Hunter, City 2~ttorney. ILIh~I'ES: It appearing that a copy of the minutes of the prevSous r~oeting baying been furnished eac~ member of Council, upon motion of L~m. PoEell, seconded by ~ood, t~e reading is dispensed ~'titb, and the minutes a[~proved as recorded. HEARING 0t? CITiZ~IS UPON PUBLIC STREET j~ ~'~LLEV ~LOSING: ~,.Lr. Horace M. Fox, Attorney, 'together with Dr. Frank- S. Cooper and ~..hr. i,~lurrell F. Ueaver, representing t~e Central Manufacturing CoD_party, appeared b~fore Council and presented draft of Ordinance together wit~ blue print, askinc that Second Street, !~.' 'd., bet~een Center ~venue and Loudon Avenue, be closed to vehicular traffic, also portion of alley between Second and T.~ird Streets be closed, for '~'~icb t~e Central i.,~anufacturLug Co~?.pany agrees to convey to t~e City a t%'elve foot strip of land in Grder that alley East of Second Street be connected to an alley extending to Third Street, N. W. T~e representatives of the Central k~anufacturing Company were advised t~at the Ordinance r~ould be placed on its first reading and t~,e question referred to t~e City~ ! Lianager for report and recor~mendation at t~e next meeting of Council on Friday, December 18, 19~6, before final adoption of the Ordinance. It .is also suggested t~at t~e City ~,ianager confer v;it~ the Central L~anufactur- ~ lng Company with a vievJ of having other interested parties in t~e area affected enter in the a~greement for t~e closing of the street. ~ ~'=PP~'~'LACHI~dq ELECTRIC ~ :"~" ' :-0~R C01~o~'~I,~-STREET LIGz. TING: Mr. R. Lee Carney, Attorney~ appeared before Council with reference to t~e contract with t~e Appalachian ElectricI Power Company which expires on December lB, 1936, stating that he represents seve~all t~ousand Dersons, and urged t~at Council' make no contract vzitb the Po~er Company ~i until the City bas complete data with reference to capital cost to the Company for i supplying service to t~e City, and complete inform~stion as to maintenance cost of ii the seventeen circuits now used in street lighting, and also urged that any contract~i zad~ at tbis time be for a short term not to exceed one year, and further that t~e ii Power Company be required to submit figures showing capital and maintenance expenses, and asked that be be advised before any contract is made, as representative of bis olients, in order that they might know ~Jhat is going on and take some action if it should seem necessary. T~e President stated to L.~. Carney it ~'~as too bad t~at be did not attend t~e :~pen meeting of Council on ~;ionday night, December ?th, ,ahic~ was given publicity in ~e ne~Jspapers, ~'~en the f~l ev~ing was devoted to discussion ~it~ representatives'~ :of the Po~zer Company on t~e question regarding .the lighting contract, stating fu~e~ bat ~fore final conc].usion is reached be would be advised. 357 358 INSURANCE: Messrs. O. E. Smith and Paul Signori appeared before Council, asking that permission be given for insurance engineers to come to Roanoke and make a suave of school and city property, wit~ a view of submitting a rate scbedule. The President advised t~at Council bas not bad an opportunity of a final ;determination of t%e insurance matter aad vould not be in a position to go into this 'matter at this time, but if t%e insurance engineers cared to undertake such a survey iwit~ the distinct understanding.it would be ~it~out any obligation on the part of i~e City, and that t~e City does not co~.%mit itself in any ¥~ay, t~ere ¥ould be no [objection on t~e !~rt of Council. ! Y'URCiL.'~SE ~D S~.J.E OF PROP~L~TY: Ltr. Oscar A. Wall appeared before Council and :~n~de ~n~uiry as to ¥~het~er or not any furrY, er consideration had been givea to dis- ::r.osal of property o~ned by t*,e City on t~e corner of zrenry ~treet and Church Avenue. ~ie ~ms advised that no further consideration ~as been given and if he cares to .a3pear before Council in connection wit% the x'.~mtter, t~at there ¥~ill be a Special !/eetin5 at 2:00 o'clock on L~onday, December 14th. D~AL CLINIC: A co~ttee from the Roanoke Dental Society, composed of Doctors 'i.~offett x. Boy:man, J. E. John and N. F. l,[uir, v;it~ Dr. Bov,~__8. n as Chairnmn and spokes~.an, ai~peared before Council stating t~at the Roanoke Dental Society having been aloproached upon t~e problem of caring for indigent school children in need of dental attention and knov:ing t~e practicability, possibility and necessity for suc~ care in the City of Roanoke, ~as adopted a Resolution asking that a denta~ clinic ~be established in the City of Roanoke, and t~at sufficient funds be appropriated fori, :the conduct of sa_me. The HesoluZ. ion, together wit~ data on t~e subject, is filed ¥;it~ the City Clerk; T~e ;resident s~ated t~at t~e infor~aation v~ill be used in conferring wit~ t~,e Board, t~e City ;:anager and t~e ',elf are Director fo~- conside?ation at as early a date as uossible sometime after Christmas. ~ ' :~ .......... ~'~.':~ P :: Trout ao~earsd before Council R0.~.~-. ~.m,.,.~ ~D '~..ECTRI'~ ~'itb. r=~e~ence to t~e question of discontinui~ street cars on Franklin Road He ~cas advised tb~t Z~e-"~' . ~=a~er wo~d not come before Council at t~e present me*ting ' '" '~"~" ' re0uest for re_Cund of ~10.O0 to J ~. Roberts for ~._-~_-°'~'~'~"'~*~,..._,.., __-~'..~D ~B~T~S-'~-~: ~ _ . erroneous asses~*~ent on real estate on the East side of First Street, 119 feet Nort~ of :.~e!ls ~venue, was be~7ore Council. ~: The request is referred to t~e City Clerk for investigation and if found correc' to prepare Resolution for consideration of Council. : D~iNJJ~.Y£ T~XES: ~ communication from J. A. Turner, asking t~at delinquent taxes on ~ot 2, Block 8, :.q. uisenbe2ry .~ap, in t~e sum of ~;~0.0'/ for t*,e year 19g?, be remitged in t~at t~e t'-,.;o tax tickets presented re'present a duplicate assessment, ~as .before Council. rect to prepare Resolution for future co~.~ideration of Council. CF..O$S-dV~;_wl: .xpplication frc~ Claude A. Hedges fo~' permit to construct cross ove~ itc acco_~uodate property at 1118 Sheru'ood Road, Raleig~ Court, v;as before Council, City L;anager recent, ending t~at t~e ~ermit be granted. [ ..Mr. Uinn moved t~at Council concur in t~e recommendation of the City ~anager, ~and offered the folloming Resolution: RESOLUTION granting a permit to Claude A. Hedges to construct a concrete cross-over to accomnodate property at 1118 Sherwood Road, Raleigh Court. ( For full text of Resolution see Ordinance Book'Ho. 9, page 102 ). ~Ar. Winn moved' the adoption of t~e Hesolutton. T~e motion was seconded by ~r. Powell, and adopted by t~.e following vote: AYe: Liessrs. Bear, Po~ell, Winn, Wood, and twe President, L~r. Small ---5. NAYS: None .... 0. STATE COR!~0RATION C0'iZ.ZISSION-R0aNOKE RAIL;:;AY AI~) ELECTRIC C0i,iP~ Y: Notice of bearing before t~e State Corporation Co.,.muission in Rict~aond on Janua~ 8, 1937, at ~ 10:00 o'clock a. m., for application of t~e Roanoke Railway end Electric Company ~ for routing of passenger busses beginning at t*,e er~_d of t*,e Raleig'~ Court car line, . sout~ on Orandin Road to Guilford Avenue, east on ~uilford Avenue to Montvale Road, sout~ on L!ontvale Road to Bra~ara Road, east~ on Braham Road to Stort. dley Road, herr? on Stanley to Gean Avenue, east on Oeaa Avenue to Woodlawn Avenue, sout.~ on Woodla~m ~} Avenue.to intersection of Houte gE1, city !ir~its, t'~ence over Route £gl to Cave : SprinG, ~,~as before Council. The notice is referred to t~e City 12anager wit~ t'~e request t~at ~e be advised ','.~.et~er or not t~is contemplates an extension of t~e present s~uttle service and ~'~'bet~er or not it will increase or reduce t~e p~sent frequency of t~e present set- vice. lir. Bear raised t~e question if it would not be advisable to delay t~e inaugura- tion of t~e service contemplated by t.~e notice until t~e City ~as ~d an opportunity of givirtE further consi4eration to twe creation of a Traffic Department. BONDS: The President, Idr. &~,mll, brought to t~e attention o£ Council a co~unication and ot~er info~.mtion from C. 'J. McNear end Company, with reference to handlin~ of bonds in connection r~it~ t~e purchase of t~.e Rosnoke Water Work, Company by condemnation proceedings. The City Clerk is directed to acknou'ledge receipt of the communication and to advise t~at the question will be.given due consideration n'~en the occasion arises. judge of t~e Juvenile and Domestic Relations Court, querying recommendation mdc by R. 0. Looseley in connection wit~ t~e Public Welfare Department S~urvey, and suggesting t~at in conformity with t~e report a stenographer be employed for full time duty at t~e Juvenile Home, ~'.~as before Cou_n_cil. .I In a disucssion of the %uestion, ;ir. Po~ell suggested in t+at no funds are 'available in the present Budget for an ex2penditure of t~is nature, t.~e matter be ,vostDoned until consideration of t~e next Budget After a further discussion it was suggested t~at Judge :Jbittle be requested to appear before Council in connection wit~ t~is question, and in t~e meantLme t~e City Manager be directed to ascertain if. a WPA _."white collar" ~orker can be assigned to t ~ i s work AIRPORT: A communication from R. ~ Steele, .... Director of Aviation for t~e State Corporation Cormmission, enc!osi.~ copy of esttmate of t~e cost of lighting, the ~.iunicipal Airport at a cost of ~4,926:45, was before Council. The question is referred to t~e ~'~ ~zoy Manager .in order t~at t~e Electrical Inepctor might check same v~itb a view of securing definite information as to total cost of t~e lig,~ting system, including labor, and v~bet~_er or not t~e estimate submitted is for temporary or permanemt lighting, flood lights, etc. '359 360 VIHGIh~IA STATE CH_~BE~ OF C0],~dFAICE: A communication from the Virginia State C~amber of Commerce, asktnC, that t~e City of Roanoke appropriate $69~.00 to assist in publicity carapaigm to be sponsored by tbs State Chamber of was before a 0ommerce, Council. MA'. Powell brought to the attention of Council that no funds are available in the present Budget for this item; whereupon, 4Lr. Bear moved that tbe request be demi The iaotiom was seconded by Mr. ~'inn, and unanimously adopted. TAXES: A communication from J. T. Wood, with reference to the reduction of any discount on real estate taxes now being considered, ~as before Council. The communication is filed. SAFZ~2Y CONF~,RF~CE-Ci~.B~R OF COL~.h~RCE: The President, ~.4r Small, brought to the ~attention of Council a request from the Cbs_tuber of Commerce for an appropriation a:munting to q)~O0.O0 to assist in defraying t~,e expenses of the Third Annual State- 'jide Safety Conference proposed to be held in Roanoke during t~e month of May, 19~?. After a discussion of the ~uestion, and it appe~ing for t~e general interest ~of t~.e City, ~Lr. Bear mow d that Council support t~e movmaent to t~e extent of ':~500.00, t~,e amount requested, t*,e same to be dispe2sed only if t~,e conference is held in Roanoke. The motion was seconded by Mr. Winn, and unanimously adopted, t~e City Clerk being directed to notify Mr. M. A. Smytbe, President of t~e Chamber of Commerce, t~at at t~e proper time an aooropriation~_ in the sum of $300.00 will be mad~ .to assist in defraying the ex!~nses of t~e Third Annual State-~Jide Safety Conference in Roanoke. ~: LEGISLATION-CiL~_RTER: .~. communication from the City Attorney, wit~ reference to certain c~.anges in t~e City Charter and t~e Code of Virginia in order t~at procedure 'in condemnation by cities of water works system might be simplified, v~as before Council, together ~ith draft of a proposed bill on t~,e subject. In this connection, the Yresident appointed as a Legislative Committee I~v. Ja~es .~. Be~r, i/alter ~'. L'ood, from Council, and i,~. C. E. Hunter, the City Attorney~ to. do ~atever :~xa,/ be necessary in t~.e City's interests on the items to be considere~ et t~,e zlDecial Session of t~.e Legislature to be convened in Richmond on December l~t~, an5 a special a~ropr~.tion ~'~ill be ~ de to cover expenses for attending such sessions of t.~e Legislature as seems necessary. [ T~e co_~_munication and attachments for t~e City ~ttornev are referred to t~e Legislative Committee for consideration e. nd .to repo~t to Council at the Adjourned Meeting on Lionday, December 14, 1936. ed and expenditures for ~eek ending Decem. ber as fifty-seven cents. The rewort is filed. R~0RT 0F THE CITY ~MANAGER: The City Manager submitted report of ~vork accomplis! 1936, i ~T~ D£PAP'2L~M~: Report fron~ the Health D~ art.~ent for month of November, ~as before ~ou~ucil. The report is filed. i ~'~°~ION~-LR C'~ R~V~UE: Report from t~e Co.mmissioner of ~evenue for month of }Iovem_ber, 19~8, sho~ain~ licenses issued for .t~e calendar year to date, sartounting to ~193,927.67, as compared wit~ $177,977.10 for the same period last year, was before Council. T~'e re!~rt is filed. ~i BuDGeT. T~e City L.~ansger reported t~at t~e Curb and .Gutter funds have again been exhausted; w~,ereupon, the City Clerk is di~cted to prepare proper amen~n~zt ~upplemnting t~e appropriation to t~e extent of $4,500.00 for consideration of showing cost of garbage remova~ 193~, Council at its next meeting. C0k?~ISi,¥ION BOARD-CLFZ~ OF GOURTS: Nr. R. J. Watson, Clerk of Courts, sub- mitted to Council regular Budget request to be submitted to the Compensation Board, covering salaries and expenses of ~is department for t~e calendar year 1937, and advised that t~e figures are t~e s~ne as those included in t~e City's Budget for fiscal year ending June 30, 1937. The question is referred to t~e ~J. ty Clerk for drafting of joint Resolution f~ri' consideratio~ of Oouncil at its next meeting, and transmission to t~e Compensation Board. REPORTS OF C0~%!ITTEES: STR2~ b'ID~iING: T~e co]:%uuittee composed of L:essrs. 'jood, :';i:m ~nd t~e City '.~danager, appointed t o consid er t~e widening of First Street, S. ~-., Scut% of Franklin Road, submitted t~e followir~ report: ~To t~e City Coum~cil, Roanoke, Va. "Ge nt 1 amen: "Roanoke, Va., December 11, 1956. "T'~e Co~.~uittee appointed to investis"ate and reDor~ to Counoi! on t~e ouestion of u'idoning First Street Z ~: , l0 feet ~out~ of ~ .... ~_ - · · ~a~:~n Road fo~ 150 feet ~'~is~es to report as follo~'~s: "L~. '"~. E. Co13, Celia Cole, ~is %':ifc, and t~-e First i,~atioual Exchange Bank, Trustee under t~e will of L. D. Daniel, offezs to convey to t~e City of Roanoke a strip of land 10 feet wide by !~0 feet long on t%e East side of First Street, sour% of Franklin R6ad provided t~e City %'~ill grade t.~is lot to a level of First Street and construct a retaining %';aii along t~e East side of said lot of sufficient depth, strengtb and t~ickness to _~ermanent!y prevent t~e eart~ of, or buildings or improvements upon t%e adjoining property from encroaching said lot. "Upon investigation we find t~at the City will be unable to do t~is work as a WPA Project as the rules and regulations prohibit the use of i'~A labor on .this project. "The estimated cost of doing this work under contract is 08,300.00. esti~Rted cost includin~j the paving of street is ~9,314.00. Tbe :'It is our reoomJ~endation that this matter be held in abeyance until there is available funds for street widenmn~.' ~ ( Signed ) Res~)ectful!y sub:~m u ~ed: Walter %'~. Wood, Councilman: H. -~ Winn, ~. Counc ilman, W P. ~unter, City L:anager. Bear moved that t~e report of tbe com~nittee be received and that a copy of same be transmitted to parties interested. and unanimously adopted. AI2%~0RT: ~. Clayton Lemon appeared before Council in t~e interest of t~e iairport contract but was advised t~at no action would be taken on twa question at i~ia meeting but t~ere would be a~_ adjourned i~eeting of Council at 2:00 o'clock on D:onday, December l~tb, at ~bicb time t~e question might be considered, and if be T~e motion v;as seconded by Mr. Powell'~, so desires he mig%t attend ?.o,~ncil at ~'~at %l~eo ~In this connection, I.;~r.. Bea~-~ Q~airr~n of t~e airport Committee, su~m~tt.e,d in- '~~tion s~wi~ liens given~by~e~present ~oDerators of t~e. Ai~ort the City M~ger sub~t~ed.stateme~- s~o~g cost-of t~e ~a~ar-~d met-~cost ]~$ppl!ca~e after a 5~ appreci'ation~ as. p~vided for in co~trac~ ~~,~:.~ba.amo~ b~ei~g. ~9.,8a0.48,. t~e ~o~t due:~t~e.~City on note' an~_ ~pai$~r~nt ~e ~uestion is :ca~ied over '~a~r ~f~'~er dis~c.~sion and act'ion a~ a .l'ater 36 .. 362 UNFINISHED BUSINESS: None. CONSIDHL%iATION OF CLA]I!S: None. INTRODUCTION -,'~ND CONSIDEP~%TION OF ORDINANCES AND R,F. SOLUTIONS: TP~FFIC: The Traffic Ordinance, designated as No. 5023, ~ing been introduced !and read at the regular meeting of Count [1 on November 20, 1936, and laid over, was again before Council and on motion of :.ir. Bear, seconded by ~,~. ~inn, and unanimousl adopted, t~e second readin~ is dispensed wit~; wbereuf, on, Mr. Bear moved t~e adoptio. of t~e Ordinance reading as follows: (~o0~o) -~i,~ 0~DIN~d~CE to regulate t~e operation of ve~icles on t~e public street ~alleys and *,ig*,ways of t~e City of Roar~ke, to govern and ta~otect pedestrian~ while fusing such streets, alleys and ~ig~,uays, to provide penalties fc~ t~e violation of ~t*,e 5~.ovisions of t~is Ordinance, an.d to repeal all Ordinances c~ par'ts of Ordinance ~in conflict ~it~ t~e provisio~m t~ereof. ( For f,mll text of Ordinance see printed copy in office of City Clerk) Mr. Bear moved t~e adoption of t~e 0rdi~ance. T~e ~.~.otiou ~as seconded by Mr. Ui:uu, and ~do~ted by t~e follow,lng vote: _~__~: L]essrs. Bear, ~'owell, ~mrm, Wood, and t~e President, '.,:ir. Sm~ll--5 NAYS: None .... 0. In t~is connection, t~e question of distribution ~.';as discussed, suggested tw.~t sufficient copies be printed, ~proxi.m~tely 10,000 copies, it being in order t~at t~e Commission el' _~evenue mi~t issue a cody of t~e Traffic Ordinance ~':it.~ each I- City automobile teg issued, t~e est Lr~ted cost of this number of copies being ~z~"~'~'~ '--- ima~ eiy ~700.00. T~e su~ggcstion was ox~fered t~,at some of t~e oil companies l~ig~t be interested in inserting an advertisement in t~e Traffic Code, t~e front inside cover and t~e tMJo bsck cover pages to be used for t~is purpose at a c~:arge of $100.00 per page. T'~e City i.[an~ager is directed to request t~e Purchasing ,,gent to contact t~e gasoline and oil compauies ~;it~. a vie~J of obtaining contract for same. i =~. t~.is junctttre of t~e meeting, the President, l.lr. Small, asked to be excused in order t',at ~e m_ig~t fill an im..y~ortant engagement, and relinquished t~e Chair to t~e Vice-Cbai=.~an, i.'r. Bear'. ,.=_~.,, ~','07~ COL?.:ZYff_: Invoices amounting to $5,9~ .68 in co~ection wit~ ~e~ing before t~e State C~poration CoF~s si on on application of t~orks Company for incressed rates, were befo~ Council, t~ City Clerk advising t~t ~': before ~'Jarrants sre dravm in pa~aent for t~ese a~unts, it Mould be necessary to s~ple~nt t~e Budget at least ~2,083.76. There being a possibility that other mi sc el lan ~ us bills are yet to be presented in co~ection vdt~ this be~i~, ~:i~ offered the following emergency 0r~nce: ~ (~5035) '~ 0~~CE to ~end ~d reenact Section ~1, "City Council", of .~0rdinance,. adoDted_ by t~e Co. uncil of t~e City of Roanoke, Virginia, on the 29th day ~of J~e, 1956, No 4860, and entitled, ~.. · _ "An 0rd~ance raking appropriations for t~e ~fiscal year beginning July l, 1936, and en~ng J~e ~, 1937" 9 · ( For full text of Ordinance see Ordinance Book No. ELf. Uinn moved t~e adoption of t~a Ordinance. 9, Pa ge 102). !,uood,"-' and adopted by t~.e fol!owin~ vote: AYES: l.[essrs. Bear, Po?-.vell, :/inn, and ;~'ood--4. T~e motion r~as seconded by NAI~: None---0. ( The President, i..'..r. Small, absent). R0f'D,IOKE .WATER i;C..?~22S CG_%E~.A!.Iy: Sufficient run'is baying been provided for the i?a.~_ ent of claims presented, i, ir. Winn offered the follor~ing Resslution: 363 A RESOLUTION directing the City Auditor to draw warrants amounting to invoices representing charges inci dent %o application of the Compamy f~r increase in rates before the State Corporation (For full text of Resolution see Ordinance Book No. 9, page 10B .) - L L L~r. l;'inn moved the a. doptJon of the ResGlution. The motion was seoor~ed by :.:r. Powell, and adopted by the following vote: AYES: Messrs. Bear, Powell, W'inn and 'Jood .... 4. ~' I, '. v'-- ~'~.one .... 0. ' In this connectioG it is directed that a letter be directed to l.!r Itudgins and ;i ;~'. Tins!ay ~ho attended the bearing in Ric.Wmond as witnesses for t~e City, request- lng that they furmisb City Council as promptly as possible bill for expenses in order that ~arrants mi~b~ be dra~n in t~eir favor in payment of sane. Draft of Ordinance baying been !)resented by repres~mtatives of the Central l.ianufacturing Company for closing a portion of Second Street, :~. ,,., was again before CouncJ. 1, i..'r. Pod,,ell offerinf£ the fo!lowins 0rd~ nance for its first reading, v.~icb motion was seconded by ;.ir. ;','cod, and adoDted by the fo!levying vote: AYES: .:~essrs. Bear, Pm'~ell, Winn and Uood .... 4, i..~AY5: Uone ....0. (#5037) :~.i 0RDIt,I~iiCE to vacate and close Sec~ nd Street, !.;. V;., fron Center ~venue to London Avenue, and to alter and widen an alley bet~,een Center Avenue, az~.d, London Ave., and leading from Tb. ird Street, N. i'J., to the property line of the Central '~fanufacturing Company. BE IT 0RDAIIJED by the Council for the City of Roanoke, Virginia: that portion of Second Street, ich lies Sout~ of Loudon ~':venue and North of the present alley, bas never been used for ve~icular traffic, and cannot be graded or improved so as to be used for vehicular traffic, and t~e public has never used for vebicnlar traffic the remaining portion of Seco nd Avenue, ..r~. ,-:..., lying Sout~ of said alley and Hort~ of Center _~venue; and t~e entire rye -- "~' "? between Loud~n Avenue and squares lying East and ','est of Second Street, ......, Center Avenue, are owned by the Central Manufacturing Company, (except a store house at the corner of Third Avenue, "..i.W., and Center Avenue, a dwelling house, No. 158 Loudon ~venue, and two dwelling houses, Nos. 118-120 and 122 London Avenue) and the closing and vacating of Second Street as aforesaid, and two altering and wid- ening of the el lay as hereinafter set forth, ~'~i]_)~ not d~age or inconvenience ssi d lby the of~ce of the City Engineer, dated December properties, but will be of benefit and advantage thereto, and no public interest ~till be effected and Second Street, N. W., between Loudon Avenue and Center Aven~ is not necessary or required for public usage; and The Central Manufacturing Company, the own_er t~ereo f, having proposed to deed and dedicate to the City so much land as is required for the stterin~ and widening of said alley and for the creating of a ne~ alley leading from t~e end of the present alley Northwardly to Loudon Avenue; all of -~hie~ appears from a map prepared! N0iJ, TH'V~REFORE, BE IT 0RDAI2~ED: . That Second Street, N. W., bet~'een Center Avenue and Loudon Avenue,.be and t~e ~ssme is hereby vacated and closed; That a deed from the Centra~ h~anufacturing Company to t~e City of Roanoke, conveying a 12 foot alleyway leading off of t~e l~esent 10 foot alley, beginning approximately 135 feet East of T~ird Street, to t~e ;','est line of Second Street, ' 364 and thence across Second ~treet, N. ~., to the East line thereof, at said point connecting and conforming wit~ a 12 foot alley now established, and the furt~..er conveyance by said Central Manufacturing Company of a 20 foot alley leading from t~e Eastern end of said 12 foot alley Northwardly to Loudon Avenue, be accepted by the City, and t~at so much of the old 10 foot alley as lay East of the new 12 foot alley and ~est of Second Street, ..q. ~,T., be and the saue is hereby vacated and close, (All of which appears from said map of the City Engineer, which is hereby referred to and made a part of this Ordinance. T~e Clerk of Couacil s~ali certify this Ordinance to t~e City Engineer,s Office and to t~e Clerk of the Hustings Court for the City of Roanoke, Virginia, ~'~o will make suc~ references and m~oranda thereto as may be required to conform t~e maps and records in their offices to the changes and alterations herein The Ordinance is laid over and referred to the City ~danager for investigatMn and recom_mendation to Council at its nect regular ~eeting. !~GS: A conmaunication, together witb proposed Ordinance from Dr. C. B. Ransone,'. Health Officer, proposing to prohibit the keeping of bogs or pigs in the City of hoe_uo~,~~ "~, v,'as a~a~n before Council and discussed, Mr. ',?inn moving t~at t~e Ordinance be laid over. The motion v;as seconded by i,~r. L'ood, and unani~.u~usly adopted. ~"~;~ ....~'~' ~0-~RD-CITY SERGE,'d~T: T~e City Clerk ~uving been directed to draft Resolution -,~_rovidL~5 £or joint reaon~mendat~_o~ to t~e Conpensation Board for fixa~io~ of salaries and expenses in t~e office of t~e City Sergeant for the calendar year 19~, presented sm~.,e, duly concurred in by ~'lr. ,~. ~. Mayhew, t~e City Sergeant; w~ereupon, idr. Winn offered t~e follo~-:ing' Resolution: · (ff5038) A RESOLL~2ION ~making joint recommendation to t~e Compensation Board for fixation of salari es and expenses in the office of the City Sergeant for calendar ear 1937. (For full text of Resolution see Ordinance Book No. 9, page 103 .) :.~'. 'Jinn moved the adoption of t,~e Resolution. T~e motion was seconded by ],tr. Pov;e!l, and adopted by t~e follov~ing vote: AY~o. Liessrs. Bear, Powe!l, 'Sinn and I?ood .... 4. NAYS: None .... 0. T~KES: The Proposed Ordinance providing for reduction of t~e discount on Quarterly payment taxes was laid over to be considered at the Adjourned ideeting on Lionday, DeceL~er 14th. -.-mm a,.T,-~ i' S ~..~,I~.o :J~O _I ~.,,~,~US B'US~SS: ~P~Ci~.~ ~ECTRiC P0'~ C0[~AI~-STRE~ LIGaTING: I.~. Bear suggested to ;,~Council that before enterin~ into any contract for lighting the ne~ Fr~in Road ,, ~Bridge t~ City !d~ager be requested to d~ect the metering of the c~rent for a !thirty day period in order t%at the City T,~_ght be advised of t5e actual current !used. Upon being advised t~at this information is already avamlable t roug% accurat,~ cons~mption of 1,000 candle po~er lig~ts,,be ~it~drev.~ ~is su~estion. CI~ CLERIC: L~r. Bear brought to t~e attention of Council a suggestion t~at ~:c~arge be made for certified copies of Ordinances and regards furnished app!ican~s :by t~e City Clerk, the c~a.rges to be in line ,~it*, similar, c*,arGes for fu.rnis~ing ~records by t~e Clerk of t~e Courts. The City Clerk is directed to prepare an Ordinance including schedule of ic~arges for I"~rt*,er consideration of Council. ROM~;0i. LE U~TER ',.0P&~S C0!:~d~Y: The City Clerk brought to the attention of Council copy of index of the Roanoke Wate'r ~Jorks appraisal file as turned over to t~e City ~Mnager by Burns and McDonnell Engineering Company. The City Clerk is dLrec.ted to copy same into t~e Minutes of this nmeting as a matter of permanent record, the index being as ~hllows: .INDEX OF ROAi,;OKE UATEH, .WORKS .~PPRAISAL FILE 1 - Depth of ;/ains - From Saville's Inva~tory. Operating Expenses - 1932 -1936. .iddltions to !.Rains - 1932 - 1936. 2 - Permits: Paving Permits to Hoanoke Water Works Company. Su~mnary of Cost of Replacement of Paving. Blast lng Permits. 3 - Aerial 1-ictures - Crystal Spring; iiuse Spring. Telep'~one Conduit '..;ork - Used by Roaroke ',:'ater ,'orks CoL.~pany. 4 - Age of L.ain items of Property (Savilie). Age of Distribution System (L~itman). Excavation Data (Saville) . C, .~ .., -1,,.,1 ~.,, .,~ .~ · .,,~:~.~y ~beets of Distribut ion Mains (SavilIe). Railroad Cross iz~s ( Saville). b - Schedule of Rates - Various Virginia Cities. 6 - Poor,s and L~oody's Manuals - 1916 to 1934, inclusive - Financial Reports. 7 -Charters and Franchises. 8 - Letters: ',,oods, C~itwood, Coxe & Rogers - Eegarazn,~ Purc~ase Price, Roanoke Later ~,'orks Company 1935 - Statement Dividends Paid. 9 - .~lexandria ',,'ater Case - Savi!] e - :~_ppraisa!. 10 T. Coleman .~ndz'e~Js, =cco unt lng Papers 19o_. 11 - F.e!at ive Values Utj.!i1:y ,Systems - Engineering i:~e~s-Eeeo rd. 12 - Prices of i~aterial From ',,ater .Co.,,_~a,~ records. 13 - Beaver Dam: Contracts Final Estir, mte Speci fic at ions. 14 - Plans: Mill ilountain Reservoir Crystal Spring Tunnel - Beaver Dam-Falling Creek. 15 - Reports: · Fuller -~- ,~ McClintock - 1925. Maury ',qeport - 1912. i~'ater Rights - 1912. Going Concern- 1912. :fbitman, ReQuardt ~ Smit,w. - 1932. 16 - Reports: Jacobs - Acc ount ant, -1921. Pitometer Corkoany - t931. Wynkoop, Kiersted, Maura & :'~eeler. Valuation Vinton-ROanoke - S. C. ,!~arkley. Roanoke Water Works Company Report to State Corporation Co~ission-1932. 17,- Valuation Report - Savil!e - ]934. Financial State:.uent - Roanoke :'~ater Lorks Company (Saville). 18 -Cost Data from 0tber Cities. 19 - Trenching - Sewers: City Est im~t es Speci ficat ions P~oto~apbs of Trenc.~ing EQuipment. 20 - Prints of: Location City Sewer Prajects. Tabulation of Bids. Concrete -Box Storm Drains. Roaroke Water Works Buildings - Norfolk and Salem Avenues. Topography l;,;.ap - Carvin,s Cove - Falling Creek. Fire Underwriters, Proposals. Appraisal !,.!cps - City. i;,iill i,lounta in. Sales in Vicinity ?fater Works Property. Smitb Spt ing La nd. Roaooke Sub-divis!o~ and Sales. Pipe.Lines thru Roanoke i,~arb!e Company's Property. Crystal Spring Property. Shenandoah Avenue. 365 Vi~ton Stendpipe. Pal lin~ Creek. River Spt ing. BI - City Appraisal !~,~ps. Map - Distributlon Systam. Pipe Li.nes in Congested ~rea. Beaver D~a Water S~ed. .,/ailing Creek Watershed. Building Plans. Two P~otostats of Plan - Proposed ~ddit ional !,,:.ains, by Saville. -.~iap - Fire Hydrants smd ilains oerwng same. Graph - fG~nual Rainfall - City o~~ Roanoke. Tabulation of Bids - City Se%'Jer Work. i.~ap - Distribution System. " -Types of Street Paving. " - Location of Contracts - Sewer, Telep~on.e, Ducts and Water. " - Beaver Dam Reservoir. " - Viscose Property. " -~z~pra~sal L[ap (City) S-13. " - Tinker Creek - Roanoke-Vinton Water Uorks. " - Supplemental S-13. " - Fallin5 Creek Reservoir. " - Beaver Dam Pro~2erty. " - Vinton. " - Supplemental S-13. " - " S-14. " - ..~ppraisal Map 111 - Double Pipe Lines. " - " " ~01 - " " " " - " " ~01 - " " " " - " " 411 - " " " " - Eastover Place. " - Topograp~ioal City and Vicinity. " - Riverd~le Farms. " - :,ate~.~ ~..ains £" and Under. " - " " 6" a~d Over. 2~ - Cost Data from Later Company Records. LengtW of Pipe Displaced by Fittings. 24 - Si.',~m:.ons' Land Data. 25 - Liaur~ ~-~eport - 1912 (Copy). 26 - _=ccount 16 - Land. 27 - Account 17 - General Structures " 18 - Uorks and Station Structures. 28 - i,e!ls, Dams, aqueducts and Reservoirs. 29 - Steam Pumps, Electric Pu~ps, and Purification Systeus. Cast Iron i,.~ains. 31 - Transmission Mains and Galvanized !iains. 32 - Office Equip~ent, Garage and L[isce!laneous Equipn~nt. 33 - Services, i.[eters, ilydrants. ~ - L:aterials and ~upplies. 35 - Stum~ary of Accounts, Mill Mountain System. 36- i.liscellaneous EQuipment, Materials and Supplies. The City Clerk also reDc~ted the 'filing in bis office of two. copies of apprais-~ s'urvey, and one copy of accounting report prepared by tbe accounting firm of Martin 2 !.lartin, under the supervis ion of Burns & McDonnell Engineering Company. ~ CITY TREASU~: The City Treasurer submitted report for t~e mont~ of Novenber, 1936, s%ov~ing collections amounting to .~238,672.61 as com~ared with collections of ~222 ,769 .09 for the same period o£ 1935, or an increase of $15,903.52. The repot is filed. !~ There being no further business, on motion of Mr. Wood, seconded by ~r. Winn, Council adjourned until 2:00 o'clock, Monday, December 14, 1936. Clerk APPROVED President 00UNCIL, AD~0UI~ MEETIN0, Monday, December 14, 1936. T~e Council of t~e 0ity of Roanoke met in Adjourned Meeting in t~e Circuit Cour Room in t~e MunictDal Buildin6, Monday, December 14, 1936, at 2:00 o'clock po m, Povell, finn, Iced and t~e President, Mr. Small --5. PRES~:. Messrs. Bear, ABSENT: Nons .... 0. The President, 4fr. Small, 0FFICEP~ PRESENTS · Mr. ~. P. Attorney. presiding. Hunter, City M~nager, and Mr. C. E. ti,;nter, City ~NUTES: It appearing that a copy of t~e minutes of t~e on December 7, 1936, for a discussion of t~e street lightini upon motion of i,M. Bear, seconded by i~r. ;~'ood, t~e minutes approved as recorded. PURCHASE AND SALE OF tROPERTY: Mr. Oscar reference to purchase of property owned by t~e City on t~e and Churc_~ Avenue, _known as the old post office, and again Adjourned Meeting held contract with Appalachian Electric Power Company, having been furnished each member of Council, the reading is dispensed wit.b, and ~. ~all appeared before Council with corner of Henry Street reviewed discmssion previously had with Council as to value of the property, advising t~at it would .be necessary for him to have some definite answer in t~e near future in order that be might pursue the matter furrY, er wit~ his clients before it is too late. During the discussion it was brought to t~e attention of Council t_hat another 'prospective purchaser bas indicated he wants to submit a price for t~e property. After further consideration of t~e question and the City M~_n_~ger being directedl to contact the prospective purc~ser for submission of price he ex-poets to submit, and being advised t~at be was unable to submit the price at this time, Mr Wall · as advised that Council is ~o~. awaiting, another proposition and hopes to be able tel igtve a final and definite answer by the next regular meeting of Council on Friday, tDecember 18th. AIRPORT: The President brought to the attention of Council t~e ~uestion of the lunictpal Airport, stating that t~ was bis opinion Council should determine whether the City is going to undertake to operate the Airport as a Municipal project or in 'lieu enter into ~a ~re~ent ,n.d extend the contract with its present operators for a period of a year until t~e City is in a position to more definitely determine w~at'i ican be done. In a discussion of the question Mr. Bear, the Chaimsn of the Airport Committee', i}'stated it was his opinion t~e City should take over t~e Airport and operate it, and called attention to t~e mortgages now placed against the hanga~ by t~e present 'operators as evidenced by records in the office of the Gl~'k of the Courts in Ro~nok~ County, this recommendation being in line wit~ report of the Airport C~ttee, composed of Messrs. Bear, Powell and the City Manager, submitted on August 10, 1936.I After a review of various contracts entered into by the City and Reynolds and Lemon, and the information being furnished that t~e present operators are indebted to the City to the amount of $2,655.06, on motion of Mr. Powell, seconded by Mr. Ninn and unanimously adopted, t~e City Manager is directed to notify the present operators t~.e City expects to take over t~e operation of same effective as of ~amuary 1st, and that the City does not ex, ct to exercise its option in taking ~ver the hangar, and further, that the City Manager and t~e City Attorney do 367 368 vhe~ev~ ia necessary to secure the paymemt of amounts due for rent and other ex- penses including note mad interest. After disposing of t.~e question, Mr. Clayton Lemon appeared before Council, and was advised that t~e matter had already been considered and he would receive a communication from the City Manager advising him of the action taken. TRAFFXC CODE: The President, Mr. ~nall, iOity Manager and Council t~e suggestion t~at a ;:Police Department in order that members of t~e force might ,with the new Traffic Ordinance which was adopted on Friday, [traffic school to be held some time after the first of itc be worked out by the City Manager and the Police LEGI~TION-C~~: The suggested to representatives at November 15th, was again before brought to the attention of t~e traffic school be held for t~e familiarize th em~elves December llth, the year and detailed plans Department. question of C~arter changes and legislation to be t~e Special Session in Ric~ind convening on Council, the City Attorney advising that the of Virginia to be emended. ( For full text of Resolution see Ordinance Book No. 9, page _104). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. ~'inn, and adopted by t~e following vote: AYES: Messrs. Bear, Powell, Win..~, Need, and the President, Mr. Small --5. NAYS: None ---0. BUILDING INSPECTOR: Tb~ President, Mr. Small, brought to the attention of t~e City Manager and Council t~at information had come to him a ~uilding cleaning Legislative Committee bad met and t~e members were in agreement as to recommendationS, advising further t~at a Hesolution together with suggestive bill bad been prepared, and after a detailed discussion of the Question, }dr. Bear offered the following Re solut i on: (/~50~9) A RESOLUTION requesting t~at the members, of t~e General Assembly of Virginia, elected by t~,e voters of Roanoke, use their best efforts to cause Section 47 of t~e Charter of t~e City of Roanoke to be amended, and Section 3042 of t~e Code company ~ad been issued a permit for cleaning buildings in t~e City of Roanoke by the Building Inspector before first paying t~e license as provided for under Section ~9 of the License Code, it beir~; his understanding that t~.e Building Inspector had been, advised no permits were to be issued until first ascertaining whether or not the ~pplicant bas paid the proper license provided for in the License Code. The City Manager is directed to investigate the question and ascertain the status of the situation. i, WPA: A communication from .~.~r. H. E. Mecredy, District Director District ll-W,' expressing his appreciation on behalf of t~e ~orks Progress Administration for t~e ~ity,s cooperation in makin~ available t~e old telephone ~uilding to be Space for the district offices, was before Council. used as offic~ In this con~ection inquiry was made of the City Manager as to whether or not a~d specifications have been drawn and followed by t~e 'gPA in rearranging t~e plans ioffices in t~e building :takes same over for its done .tn connection ~ith and in order t~.at same m~g~.t be utilized if and when t~.e City own use. The City M~nager advised that no work bad been the '~PA occupying the ouil~Ing except turning on the lights inspecting the furnace, il BUDGET-CLERK OF COURTS: Draft of Resolution for joint recommendation to t~e :Compensation Board for fixation of salaries and expenses in the office of the ,:iClerk of Courts for calendar year 1937, was bef~e Council,the City Cle~k advising that t~e salaries and expenses included in same c~eck wit~ t~e ammunts as shown in the City.,s Budget for fiscal year e~ding June 30, 1957; whereupon, M~. ~inn offered t~e following Resolution: (~5041) A RESOLUTION making Joint recommendation to t~e Compensation Board for fixation of salaries and expenses in t~e office of t~e Clerk of courts for calendar yea~ 1957. ( For full text of Resolution see 0rdinanoe Book No. 9, page 10~_). Mr. ;~'inn moved the adoption of t~e 2esalution. T~e motion was seconded Bear, and adopted by t~e following vote: by AYES: ~essrs. Bear, NAYS: None .--0. Powell, W'inn, Wood, and t~e President, Mr. Small --5. t~at BUDGET-CURB AND GUTTER ~ND SIDEWALK CONSTRUCTION: Council ~aving been advised t~e appropriation for Curb and Gutter and Sidewalk Construction is practically exhausted and in order t~at t~is work might be continued by 'lng a supplementary appropriation of $4,500.00 for curb and Sidewalk, ~r. Bear offered t~.e following emergency Ordinance: 0 (~5042) AN ORDINANCE to ~mend and Ordinance adopted by t~e . f Roanoke on t~e 5th day of November, 1936, No. 5009, 'to amend and reenact ~ectiom ~150, STREET CONSTRUCTION, of an Ordinance adopted by t~e Council of the City of Roanoke, Virginia, on t~e 19th day of October, 1936, I~o. 499?, and entitled, 'An 0rdin_-nce to amend and reenact Section No. 150, STREm-T ~fPA forces, necessitat- Gutter and $2,000.00 for Council of t~e City entitled, "AN ORDINANCE .~0NSTRUCTION, of an Ordinance adopted by t~e Counc~ of t~e City of Roa-_oke, Vi~Einia, n the 29th day of June, 1~36, No. 4860, ,nd entitled, 'AN ORDINANCE making ap- proPriations for t.~e fiscal year beginning July 1, 1936, and ending June 50, ( For full text of Ordinance see Ordinance Book No. 9, page 10~ ). Mr. Bear moved t~e adoption of t~e ordinance. The motion was seconded by Mr. ~tood, and adopted .by t~e following vote: AY~$: Messrs. Bear, Powell, J~'inn, ;~ood and t~e President, Mr. Small--5. NAYS: None .... 0. TAXES: The Iresident, Mr. Small, broug~.t before Council and read a proposed irdtnance wit~ reference to quarterly payment discount and penalty on taxes for ~e year 1957, stating t~at t~e substance of t~e 0rdina~ce provides for a reduction '~f t~e t~ree percent discount .to two percent, discount on all taxes tmid prior-to ,pril 1st, no ot~er discounts being December 5th to July 5th allowed after t~at date, and moving up t~e penalty ~ate from insofar as it relates to t~e first half of t~e !urrent taxes' and 'l~r°vtding further t~at t~ere shall be °nly °ne five percent penal~iYdde ~ d for ~my year ~.n which such t,_~es are assessed, the President Quoting figures .imit of the City's borrowing power, ,ayment discount plato now in force, :bowing tax collections for t~e year. 1956 under t~e quarterly payment discount plan, ~s comDared ~.-tb previous years under t~e yearly payment plan, showing in former years .t was necessary to execute short term'loans amounting to $400,000.00 ,nnually, t~e as compared wit.~ no borrowing un. der the ~uarterll.~' it being his opinion that should the City dis- :ontinue the d:i~count and fa:D. to advance the peBelty date it would be necessary for .~e City to again resort to sbort term loans w~icb in his opinion would bare a endency, to depreciate the value of t~e Sinking Fund bonds now held by t~e City. Messrs. Bear and Winn -registered a protest against allowing any discount, Mr.. !inn sta~ing that even tbough opposed to any discount he bad tentatively agreed to support an Ordinance of this kind, wit~ t.~e understanding t~at t~e discount would '369 370 te el~mimated entirely after t~e year lg3~, Mr. Bea~ registering his opposition to either a discount or penalty. Mr. Powell in commenting on the question a~osted that the ideal arram~ment would be to discontinue the discount a~d put a penalty on each qu.mrterly payment, iallowing t~irty days, grace for the payment of suoh taxes due. . The City Manager in expressing his views on t~e subject agreed with Councilman IPowell,s suggestion to place a pemalty on each quarterly payment date would put City,s tax c~llections on a more business like basis. , After a further discussion of the question and Council being ~'imm suggested a compromise of 1~% discount, and a unable t o agree, five percent penalty to be added to unpaid first and second quarterly installments on July .lst. , i: Mr. ~ood agreed that bo would go along with t~is compromise, ~r. Bear suggest- ing if t~e discount was reduced to one percent ~e might agreed to advancing t~e penalty to July 1st, the tresident, Mr. Small, stating he would agree to discontlmue the discount altogether if a penalty was .added to each quarter. .: Ail members of Council baying expressed themselves on the subject, the newspape~ 'reporters were asked for an expression as to what reaction t~ey have heard wit~ reference to heard no reaction, It being the t~at t~e propos.ed payment of taxes Ordinance: t~e question, the reporter for t~e ,'arid-News advising t~at ~e has and t~e reporter for The Times stating he bas not beard very muc~! consensus of opinion of t~e ~ajority of t~e members of Council draft of t~e new 0rdinsumce should carry a discount of laA% for prior to ?.~arch 51st, Mr. :Jinn offered the following emergency (~5040~ AN 0~DINANCE to impose taxes on persons, real estate and personal property for the year 1937, or .repealed for the support add for eac~ year t~ereafter until altered, amended of t~e City Government, t~e payment of interest upon t~e City debt, soldiers, munictpal support of a public library, t~e payment of pensions to Confederate sailors and marines and t~eir widows, for school purposes.and ot~er expenses. ( For full text of Ordinance see 0rd~.nance Book No. 9, page 105 _.). Mr. ,inn moved the adoption of t~e ~rdinance. The motion was seconded by ~ood. Mr. Bear offered an amendment to t~e ordinance t~at t~e 1~% appearing in Paragraph four be c~anged to one percent. the amendment was lost; whereupon, t~e original lng vote: AYES: Messrs. Powell, Winn, Nood, T~e motion failing to receive a second, Ordinance was adopted by the follow- amd tbs President, Mr. Small --4. brought street NAYS: lgr. Bear--.1. APPALACItIAN ~.EGTRIC P0~mR COMPANY-STREET LIGHTING: The President, Mr. Small, to t~e attentio.n of Council an informal proposal witW reference to the lighting contract, the suggestion being advanced that t~e Power Company furnish an increase of twenty-five percent in candle power for Cost of $~,000.00 pe~ annum, and that other consumption of by the City, now metered on a domestic amd commercial basis accordance with published tariff estimated to amount street lighting at a electric current used and charged for in to approximately $16,500.00 by supplementary agreement approximately $6,B00.00 or a fourteen percent this reduction to be predicated upon a ten year contract for street be reduced ~eduction, lighting. wit~ tion used by the City for all purposes other t~an street lighting~ to Council as promptly as possible for further consideration. Tho question was disoussod briefly, the City Manager boing directed to confer the Electrical Inspector with a view of ascertaining the cost of E~ oonsump- and to report ROANOKE RAILWAY AND ELI~TRIC C~PAI~: 18th, draft 18th, providing with' the exception of the the day after Christmas. FIRE WORKS: Mr. Powell T~e City Manager advised that Mr. would appear before Co,moil at 2:00 o,olock pl m., on Friday, December for discussion of the discontinuance of street car service on l~anklin Road. OFFICE HOURS: At the suggestion of Mr. Powell, the City Clerk is directed to Resolution and bring before Council at its regular meeting on Friday, December.~ for the closing of all municipal offices in the City of Roanoke Police and Fire Departments on Saturday, December brought to t~e attention of City Manager and ¢o,,~_cil! numerous complaints being received relative to shooting of limits in violation of an Ordinance prohibiting same. fire works in the City The City Manager advised Superintendent of Police. this has already been broug~.t to the attention of the TRAFFIC: Mr. Bear again brought to the attention of Council the suggestion that .a study be made of the tran_~portation and traffic situation in the City with a 'view of creating a Department for supervision and coordination of all traffic problems in the City, including the routing of busses, etc. STATE CORPORATION COMMISSION-ROANOKE IManager reported that be had been advised Company the application before the State extension of the present shuttle service frequency of the present service. RAILWAY AND ~.EGTRIC COMPANY: The City by the Roanoke Railway and Electric Corporation Commission c~ntemplated an to Cave Springs and will not reduce the LICENSE: The City. Clerk brought to t~e attention of Council the Question of .mbetber or not is is proposed to amend the License Code for the year 1~37. · He is directed to confer with the Conmztssioner of Revenue end bring before ]ouncil for consideration such suggestions as may be advanced by the Commissioner Revenue and pending questions on filed in ~is office. There being no further business, Council adjourned until Friday, December 18, £9~5, at 2:00 o'clock p. m. APPROVED 372 COUNCIL, Friday, EEGUL AR NEETINO, December 18, lg36. The Council of the City of · ~oom in t~e Municipal Building, Roanoke Friday, met in regular meeting in t~e Circuit Court December lB, 19~6, at 8:00 o,clook p. m. PRES~{T: Messrs. Bear, Powell, Win_n an_d Wood .... 4. ABS~2,IT: T~e President, Mr. Small --1. The Vice-President, Mr. Bear, presiding. OFFICERS PRESENT: ~Ar. W. P. Ilunter, City Me~_ager, 'Attorney. MINUTES: It appearing that a copy of t~e minutes and ~Lr. C. E. t~unter, City of t~e previous meeting hay- lng been furnished each member of Council, upon motion cf Mr. Winn, seconded by Itt. Powell, t~e reading is dispensed wit~, and t~e minutes approved as recorded. HEA~tING OF CITIZENS UPON PUBLIC MATTERS: ROANOKE RAIL;JAY ~ND ELECTRIC C0~ANY: Mr. R. C. ~off~an and Mr. ~. ~.Horn, representing the Roanoke Railway and Electric Company, appeared before Council wit~ reference to substituting busses for street cars on t~e Franklin Road route, Mr. Hof~n in commenting last year and a ball with .reference to making this company is concerned t~is is one line now c~anging to busses if it can be done on some reasonable basis, on the suggestion stating there bas been some. talk for the change, and t~at so far as bis it is perfectly satisfactory to c ont~nue t~e street cars as carrying itself, on the other hand th. ere is no objection to recognizing that ctv!~ progress and the opening of t~e new Franklin Road Bridge will throw more traffic on Franklin Road. He stated further t~ere have beem some objections registered on t~e part of some of the people in that section, amd also ot~ers w~o des[re the cbemge, and that any move to t~is kind is a very costly one to the comp--y because of the fact it would necessitate buying new equipment in t~is instance to the extent of approximately $35,000,00. Upon inquiry frcm 4br. Bear as to the kind of equipment propoaed to be used and the routing of s~me, M~r. Hoffman advis ed that twenty-five passenger calm.city busses of t~e general type of t_~e new busses recently put into service on ot~er routes, is contemplated, and they would travel t~e same route as t~e present street cars wit~ a frequency of not less tbau ten minutes. ii The question of facilities for handling laundry and particularly from the Northeast section, was raised, Mr. has been discussed ~nd t~ere was a possibility the company would bare to put on am Old bus to take care of that, amd w~em the question was raised as to whether or not packages on the new busses, Horn advising that this some carrying arrangement such as is now used by t~e Greyho,.:.n_d busses for handling luggage was made, !~. l!orn advised this would not be practical. ! The question of removing t~e rails on the present line was discussed, t~e representatives of t~e street car company advising it was not their intention of removing same, the cost for this work being approximately $18,000.00 which would make this prohibitive, particularly in view of the fact t~e company would ha~e to purchas new busses for t~e line at an approximate cost of $$5,000.00, it being the City Manager,s t~ought the rails should be removed as eovezing the rails with asphalt was not satiofactory in that iS necessitated ~natant reRairs to t~e streets. At- tention was called by the representatives of the street oar company to t~e fact that t~e City would derive an additional revenue by t~e use of the busses in t~at it would receive three percent of the revenue as o~mpared wlt~. no income from t~e street car service. After a further discussion of the ~Aestion and t~e Chairman advising Council is not in a position to take definite action on t~e question today, for a conference wit~ members of t~e body and City officials. Council recessed After t~e recess t~e Chairman, ~M. Bear, stated t~at Council appreciates t~e time the representatives of t~e railway taday for a discussion of the Franklin Road company have given in appearing here transportation. Council realizes as well as you do this is a large particular line but t~e entire question and affects cttizensb~p and asked not only the people using t~at that the railway company submit to Co,moil a proposition in writing at some early ~ate, request t~e street car tracks be removed. bearing in mind the City's Mr. Hoffmau advised that t~e railway company was very anxious, as always, to work and cooperate wit~ the City in problems of this kind, and ter further consideration as requested by Council. ~uld give the mat- T~ES: Mr. C. Francis Cocke, Attorney, appeared before Co-n~cil and asked t~at t~e Question of relieving t~e Ekaanuel Pilgrim C~urc~ of taxes on t~eir property for t~e year 1~36, w~icb was previously before Council and denied, be reopened, explaining in detail the events leading up to t~e foreclosure of t~e l~operty by t~e Jefferson Standard Life Insurance Company and advising that the property bas at all times been occupied by t~e Emanuel Pilgrim Church. After a rather le~thy ~l. scmssion of t*,e Question, Mr. Winn moved t*,at Cotmcil*s action of December 4th, in denying t~e request be recon_~idezed. T~e motion was seconded by i,~. Jood and unanimously adopted; w~ereupon, h~. Cooke was advised if the Emanuel Pilgrim Churc~ will pay t~e taxes due on t~e property auS__ turn the tax ]~.ticket ia like over to t~e amount. City STREETS: Messrs. Horace M. Clerk a Resolution will be drafted autberizing refund for Fox, Dr. Frarfl~ S. Cooper and. Mm'tell F. ;ieaver again appeared before Council in connection' with closing of Second street, N. W., between ~ Center ~venue and Loud'on ~venue, and relocating alley, as petitioned by t~e Central Manufacturing Company, and presented consenting to the proposed changes: the following 'Central Manufacturing C it y o f Re anoke, Roanoke, Virginia. Company and "Ge ntl rouen: communication fxom J. H. Dillon "December 18, 1936. "As sole owner of the property No. 158 Loudon ~venue, N. W., this hereby consent to t~e change in alley and closing of 2nd Street, these being shown on the map prepared at t~e office of the City Engineer, Virginia, dated December 10, 1936. "Given ,,nd. er my band and seal. Yours very truly, $itness: M. F. ~eaver. ( Signed ) .J.H. Dillon, (Seal). City, I c~an_ges Rca noke, talso the following lette~ from t~e Central Manufacturing Company ce=tifying t~at _ ~tbe alley proposed to be conveyed to the City is without lien or encumbrance: 37'3 374 WDeoomber la, 1~36. "To tbs Common Council for t~e City of Roanoke, Virginia. "Gentlemen: UT~is is to certify that tbs Central Manufacturing Compan~ is t~e owner in fee simple, wit~ou~ lien or eno~anoe t~ereon, of t~e land ~br~o~ In a ~pooed now 12 foot a~ey between Loudon and Center Avenues, N. W., ~d of a ~ro~s ~new ~0 foot ~ley to co~ect tbs p~s~t 1~ foot a~ey vXt~ Loudon Argue, N. W., ~w~ic~ t~ots of land it i8 p~posed by t~e Central ~faot~i~ Compa~ to oonv~ to t~e City of Ro~oke as ~r 0r~mnce introduced f~ t~e fMst rea~ng December lltb, 1936, ~d shown in p~le on Map ~ep~ed by t~e City ~gine~, dated Dooe~r 10t~, 1936. Re~ eot~lly, ( Signed } Frank S. Receiver for In this connection the City Manager submitted Cooper, t~e Central Manufacturing Co." following report: the plan. STREET AND AI.T.,ET CL0 SING "Regarding the request of I,,~. Horace M. Fox, Dr. Frank S. Cooper and Murrel F. ',Weaver, representatives of the Central Manufacturing Company, asking that Second Street, N. V~., between Center Avenue and Loudon Avenue with e xceptlng of a 12 ft. strip across this street which is a projection of alley South of and parallel of Loudon Avenue be closed to vehicular traffic and the closing of a portion of the alley extending from Second to Third Streets betwee~ Center Avenue and Loudon Avenue in exchange for a 12 foot strip of land to be used for alley purposes and the grant- ing of a 20 foot strip of land for street purposes extending South from Loutish Avenue: beginnin~ at a point approximately 295 feet East of Second Street and extending South to connect with the present 12 foot alley. There is no objection on the part of thei City to the closing of Second Street and the changing of alley as shown on attached Respectfully submitted: W. P. Hunter, City Manager." Signed ) After a further discussion of the question and there objections for the closing of the street and the relocating No. 5037 which was before Council at its meeting on Friday, appearing of the alley, December 11, its first reading, to be no ~ Ordinance :i 1956, for ~i'[ was again before the body, Mr. 'Need offering same for it second read lng: (#5037) AN 0RDIN~%NCE to vacate and close Second Street, N. W., from Center ~-Avenue to Loudon Avenue, and to aleter and widen an alley between Center Avenue and ~ Loudon Avenue, snd leading from Third Street, N. W., to the property line .Central Manufacturing Company. ( For l~ll text of Ordinance see Ordinance Book No. ~, pa~ 100 ). of the fi l~r. '3sod moved the adoption of the Ordinance. The motion was seconded by Mr. Powell, and adopted by the following vote: AYES: Messrs. Bear, Powell, '3inn and ;'Jood---4. NAYS: None .... 0. (The President, Mr. Small, absent). PURCHASE AND SALE OF PROPERTY: Mr. Oscar A.Nall again with reference to purchase of the old post office building. appeared before CounciI Before any dlsmssion of the question Council recessed for private conference with members of the body and City officials. After the recess, Mr. Wall was advised that in the absence of a ful~ member- ship, Council is not in a Position to give affy specific information relative to the i proposal for the purchase o~ the property, the Chairman stating he was directed by Council to say that a definite reply will be given either verbally or by communlca- iition from the City Clerk on or before Jannary 8, 1937, and it will not be necessary '~for him to appear before Council further in connection with the question unless ~ so advi sad. ~d AIRPORT: Messrs. Lemon and Reynolds, operators of the ~lnioipal Airport, peared before Council in connection with notice received fr~n the City Manager that the City would undertake to operate the Airport effective as of January 1st, and submitted communication with an offer to sell to the City.the hangar together with all furniture and equipment Incidental is subject to a credit of $2,655.06 due thereto, at a price of $8,656.06, which emoun} the City for note secured by Deed of Trtlet, interest and unpaid rentals, the net amount to be paid to Lemon and Reynolds $8,000 o O0. After a brief tion of same. discussion of the offer Coumcil ~cessed for private considera- After the recess, the Chairmsm advised that Council has given further considera- tion to the proposal, stating further while he cannot bind Council by this statement he feels s~mewhat favorable to the proposal, but befor~ final consideration it was the consensus of opinion a full membership ~ Council should be present; in the r~eantlme, Council would like to lmve m invento~r of the equilment to be included the price named, the inventory to b~ made by representatives of the Cit.v in Junction with the operators of the Airport and to this end the con- City Menager will ar- nge to have the inventory made at 10:00-o'clock on Monday, December 21st, in rderthat Council my have same before it at an Adjourned Meeting at 3:00 Ct clock '~. m., on Tuesday, December 22nd I · WIPA: Mrs. Branch ~. Carden, Assistant Supervisor of the Works Progress administration, appeared before Council and submitted two sewing projects for the City of Roanoke necessitating an appropriation of approximately $?,211.00 as compared ~lth an appropriation of $4,000.00 made by the City for a like project now being ~orked, explaining the request for the increase is necessitated by new requirements ;hat fifteen percent of materials be appropriated by the localities. Mrs. Carden in discussing the request stated that the expenditure of this amount ~ould be contingent upon the handling of the projects under rules and regulations Laid down by the Federal Government, and there is a possibility the entire amount ~lll not be expended as has been the case in the appropriation of $4,000.00 now ~llotted for this work of which only $2,654.36 has been expended. After a discussion of the question, at the suggestion of ~r. Winn, the ~tter ts laid over for further consideration at the Adjourned Meeting to be held on T1Aes- Say, , . December 22 1936 1~. PETITIONS AND C (~NICATIONS: i1 STATE HIGHWAYS: A communication from the 0~,_mber of Commerce suggesting that l Inited States Route ll be routed over Patterson Avenue from Campbell Avenue to lhirteenth Street, and thence on Thirteen Street to the Memorial Bridge, was before I o~!n C i 1. The question is referred to the City Manager for such action and reccmmendat ion~ to the State Highway Department as seems necessary, and to report back to Council. BUDGET-DELINQ~T TAX'DEPARTEMENT: A c~mw-mication from Mr. M. ~. Scruggs, ~Delinquent Tax Collector, asking that his Budget be supplemented to the extent of 1550.00 for Stationery Account, was before Council. The request is laid over until the Adjourned Meeting the City Manager might submit statement showing purchases not funds are available to be transferred to this item. on Tuesday, in order that to date and whether or 375 INSURANCE: A oonmunication from Sl~on Brothers, asking that its r~.presentative~ be l~rmitted to talk to Council on the question of rates for property, was before Council. Representatives of this company having appeared be- fore $ouncll at a previous meeting, the communication is filed. DELINQUENT TAXES: Communication from Turner and Turner asking that delinquent taxes on Lots 6 and 8, Section 3, M. H. Jennings Nmp, for the year~922, 1923, 1924 and 1925 be marked satisfied in that the unpaid taxes are a duplicate assess- i ment, was before Council. The question was referred to the City Clerk for investigation and if found correct to prepare the necessary Resolution. STREET LIGHTS: A communication from Mrs. Genevieve Dove complaining of street light in front of her property at 606 Avenel Avenue, Raleigh Court, was before C curt cl I. The question is referred to the City N~nager for such ruction as seems necessary PUBLIC :~ELFARE: A communication with reference to interest in real estate under will of R. H. Peters, deceased, to Mrs. Susie W. Metcalfe, an inmate of the City ~A]mshouse, was before Council and discussed. On motion of Mr. Winn, seconded by Mr. Wood, the question is referred to the City Attorney to do whatever seems necessar~ to relieve the City of the expense incident to the care of this inmate, the suggestion being made that rent accruing from the property be assigned to the City of Roanoke for the benefit of Mrs. Metcalfe. RF~- 0RTS OF OFFICERS: REPORT OF THE CITY M.~L&GER: The City M2nager submitted report ed and expenditures for week ending December 10, 1936, removal as fifty-eight cents. The report is filed. BURRELL M~,IORIAL HOSPITAL: Report showing list of of work accomplisB.- showlng the cost of garbage 'ii City patients treated at the I' Burrell l:.:emorial Hospital for the month of November, 19'36, showing lll days' treatment at a cost of $333.00 as compared with 130 days' treatment for the same month in 1935 at a cost of $390.00, was before Council. The report is filed. R0~'-~0KE HOSPITAL: A report listing City patients treated in Roanoke Hospital for the month of November, 193~, showing g32 days' treatment at a cost of $~96.00 as compared with 224 days' treatment for the month of November, 1935, at a cost of $672.00, ,was before Council. The report is filed. TAXES: The City Clerk reported that request for remitting the s~,m of $70.07 i as petitioned by Turner and Turner, representing duplicate assessment, had been investigated and the matter was bein~ handled by the Delinquent Tax Department for final di ~pos it ion. REPORTS OF COD~ITTE~S: None. UNF_VNISHED BUSINESS: None. CONSIDEP~TION OF CLAIMS: None. INTRODUCTION ;~ID CONS~DEP~-iTION OF ORDINANCES AND RESOLUTIONS: RE_FUNDS J~ND REBATES: The request for refund of $10.50 paid by J. H. Roberts covering erroneous assessment having been investigated by the City Clerk and fo~_Bd correct, Mr. :~inn offered the follow~g Resolution: (#5043) A HESOLUTION to refund J. H. Roberts $10.50 for overcharge on real i', estate taxes paid for the year 1935. ,) Mr. ','/inn moved the adoption of the Resolution. [Wood, and adopted by the following vote: ( For full text of Resolution see Ordinance Book No. 9, page 110 ). The motion was seconded by Mr. question of declaring ATIS: Messrs. Bear, Powell, '~imm and Wo~ ---4. NAYS: None----0. OFFICE HOURS: The been brought to the attention of Council, (~5044) A RESOLUTION authorizing and in the City of Roanoke be closed on Saturday, December quirements of the heads of the Departments. ( For full text of Resolution see Ordinance Book No. December 26th as Mr. Powell offered directing that Mr. due by the Baron G. Collier Company, Incorporated, a legal holiday having the following Resolutio all M~niclpal Departments 26, 1936, subject to re- 9, page 110 ). Mr. Powell moved the adoption of the Resolution. The motion was seconded by ;Vood, and adopted by the following vote: AYES: Messrs. Bear, Powell, 'ftinn and ?~ood ---4. NAYS: None ..... 0. MOTIONS AND MISCELLAI~ZOUS BUSIN~SS: LICENSE: The City Clerk brought to the attention of Council an unpaid license for street car and bus advertis- lng, which question ;vas before Council during the month of December, 1935, advising that information furnished by the Commissioner of Revenue's office develops the license due by this company remains unpaid for both the years 1935 and 1936, the total amount due being $200.00 plus penalties. The question is referred to the City Attorney to take such action as seems necessary for the collection of the license. E~CTIONS: Mr. ;Vood reported that in conference with Mr. Boyer, Chairman of the Electoral Board, he had Oeen advised the ballots for the parks: bond issue and the - condemnation proceedings would be of different sizes, t made that two ballot boxes be used. and the suggestion has been In this connection the question of a freehold voters' list was discussed, and on motion of ~'~r. rowell, sec'ended by :,.r. ~itinn, the C~t~ Clerk is directed to corn- municate with the Commissioner of itevenue asking that he prepare such a list for use during the election on January 9th. STREET LIGHTING: The City Manager reported that the Electrica$ Inspector had prepared figures showing EY~H cost of lighting in the City of Roanoke. The question is carried over until the Adjourned Meeting of Council on Tuesday, December 22nd. CITY MARE~ T AUDITORIGM: Mr. Winn brought before Council and made inquiry of the City ~nager as to the status of controversy for use of the City Market ~;~dltoriu_m and was advised a new contract had been made with the promoters of wrestling bouts to continue the use of the Auditorium one night per week, that the military company heretofore usin~ the A~ditorium on Monday nights has been changed to Saturday nights thus permitting the Recreation Department four nights per week., to the satisfaction of all concerned. There being no further business, Council adjourned until 3:00 o'clock on motion c~ Mr. Wood, p. m., Tuesday, APPROVED to use the Auditori,,m seconded by Mr. Powell, December 22, 1936. President 377 COUNC IL, .AD~. 0~ED MEETING, Deoembe: ~.2, 1936. The Council of the City of Roanoke met in Adjourned meeting in the Circuit Court ~Room in the Municipal Building, Tuesday, PRESENT: Messrs. Bear, Powell, Winn, ABSENT: None ..... 0. December 22, 1936, at 2:00 o'clock p. m. Wood, and the President, Mr. Small --5. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager, and Mr. C. E. Hunter, City Attorney. AIRPORT: The question of proposal from Reynolds and Lemon for sale of han~ar .together with furniture and equipment at the Municipal Airport, which was before :Councll at its last meeting and held in abeyance awaiting inventory, was again -before the body for further consideration, the City Manager presenting inventory of furniture and equipment amounting I to $362.25, also statement showing .rental leasel at the Airport amounting to $208.00, and the comparative statement showing proposed operating cost of $363o81 under the managemsnt of the City with a possible income of :$385.39. The proposal from Reynolds and Lemon previously submitted, providing for a pay- ment of $8,655.06 for the hangar and equipment, less $2,655.06 covering note secured by deed of trust and unpaid rental, was again discussed as well as other phases of 'the Airport situation generally; whereupon, Mr. Bear offered the following Resolutlo!~: (#5045) A RESOLUTION authorizin~ and directing the purchase of Airport hangar, at a cost of 111 ) The motion was seconded President, Mr. Small---5. together with furniture and equipment at the Municipal Airport, $8,655.06. (For full text of Resolution see Ordinance Book No. 9, page Mr. Bear moved the adoption of the Resolution. WlnB, and adopted by the following vote: AYES: ~essrs. Bear, Powell, ~.~in_n_, Wood, and the NAYS: None .... 0. In fUrther connection with this question, Mr. Powell moved that the City Auditor be directed to prepare a practical system of accounts and records including inventor~,' for the operation of the Municipal Airport, and that he advise Council what plan he has eventually worked out for the administration and operation The motion was seconded by Mr. Wood of the accounting and unanimous ly A. Dugan, District Manager of the Nat lena 1 Re- before Council and advised in a consolidation of the system for the said Airport. adopted. : ~PLOYMENT SERVICE: Mr. James emploTment Se~'ice, appeared districts his office would be transferred from Christiansburg to Roanoke necessitat- ing office space. He also advised that the employz~ent Bureau in the new post office building has been asked to relinquish part of the space now used and the increased personnel would necessitate a space of four rooms, for which no funds are available of the subject as office building, for office rent. ~ During a discussion building or the old post to assigning space in the old telephone the City Manager advised there is no space available in either of these buildings, the old been turned over to the WPA district offices telephone building having recently who are now occupying the whole buildin [! It was the consensus the UPA officers that inasmuch as the 'entire space in the has been turned over to them for office space it would be of opinion of Council that the City Manager should advise old telephone building impossible to allot additional space at the old post office building; whereupon, Mr. Wood moved that the City ;;anager be dLrected to provide space for the district National Re~nployment Service, preferably in the old post office building, and that he report back to Council what he is able to accomplished. The motion was seconded by Mr. ',Vinn and unanimous ly adopted. STORM DRAIN: Mr. J. H. Likens, 807 Fifth Avenue, Council ar~l presented communication with reference to caused by inadequate storm drain and offered to sell price of ~3,200.00, advising further that in the absence of any relief :of Council in the near future he will be forced to ask for dentes. N. ~V., again appeared before damages to his property being to the City his property at a on the part This question having been before Council on a number of occasions and again dis-. cussed, it being the consensus of opinion that iimprove and perhaps relieve the existing be referred to the City Ms~ager enlargement of the storm drain would conditions, l.'&r. Bear moved the question for preparation of a ~TPA project with a view of cor- recting the condition complained of. mou~ly ad opted. The motion was seconded by Mr. Need and unani- IC0~,~ISSIONER OF REVENUE-E!RCTIONS: Judge John M. Hart, Commissioner of Revenue, appeared before Council advising he has received a letter from the City Clerk asking' ~ hat a freehold voting list be prepared for use in the election to be held on Jan'~ary 9, 1936, and while a key list is now being prepared by his office he is reporting to Council it will be impossible for him to prepare the nineteen copies necessary to be:: used at the polls. The question of ne~es, sity of this list was discussed and other phases cf the preparation, it beinE the consensus of opinion that iZ is important to have the list of freehold voters segreLg~.ted from the registered voters. It is, thereul~n, ag~ed 'that the Commissioner of Revenue will prepare the key list and the same will be turned over to the City Manager for preparation of the nineteen books necessa~r. AIRPORT: A communication from the American Airlines, Incorporated, together with il ~he exchange of letters to the Director of Aviation for the State Corporation Commis~ ~lon and the Mayor of the City of Roanoke, with reference to lighting the Municipal .~rport, was before Council Attention ,was called to the fact that the Director of Aviation has been advised as to the cost and proportionate amount which be given further consideration. for a sewing project as presented by Mrs. at the last meeting of Council was again presented and discussed at length, the amount requested at the last meeting being $?,Zll.00 and ~lnce reduced approximately ,~1,000.00, the information being ~urnlshed that an amount' ~f approximately Sg, gO0.O0 remains unexpended out of the appropriation of $~,000.00 ;ermarked for this purpose out of ~UPA funds for the present fiscal year. vhen Council is given a final report ,~oanoke is to assume the matter will The cemmunlcation is filed. ~WPA: The request for an appropriation ~ranch J. Carden omewhat It was suggested inasmuch as this is an anticipated request )articipation of the municipal ity to fifteen percent and present llotted have not been expended, that an additional appropriation ime; whereupon, the City Clerk is directed to advise Mrs. Carden for an increased fUnds previous ly not be made at this the request has 379 380 been received and considered and it is th~ opinion of Council no definite action is necessary at this time in that there are still unexpended funds for the sewing projects in the City's budget for the fiscal year ending June 30, 1937, and if later on the district ,?PA officers care to discuss the matter further, Council will be gla, to hear them. ! PURCHASE ,~ID SALE OF PROPERTY: ibuilding as proposed by Oscar A. '~all, was again before Council, the !directed to request members of the Sohool Boa~xl to meet with Council The question of sale of the old post office -Meeting at 9:30 o,clock a. m., on Monday, December 28, 1936, for a i'of this quostton. ii BUDGET-DELII~'~WJENT TAX D~m~ARTMENT: A request from .'.,ir. M. J. Scruggs, .Tax Collector, City Clerk bein at an Ad J ourned i final determinati Del inquent for an additional appropriation of $50.00 to his Stationery Account, was again before Council and discussed. The City Clerk is directed to prepare amendment to the Budget transferring 050.00 from the Postage Account to the Stationery Account, for consideration of Council at its next meeting. T.&XES: A communication from Mr. W. W. Coxe, General Solicitor of the Norfolk and ':Jestern Railway Company, enclosing photostatic copy of bill received from the . Auditor of the City of Roanoke amounting to 34,2?2.58, representing an alleged exces~ :discount taken on taxes for years 1933, 1934, 1935 and 1936, was before Council, Norfolk and :';estern Solicitor's contention being the discount is in accordance with an agreement with City officials made in conference on January 8, 1933, the whole question revolving around whether or not the Railway Company was authorized to tal~ the discount on taxes classified as personal property. In a discussion of the question with the City Audutor information was advanced that the same situation exists with the Appalachian Electric Power Company. A review of the exchange of correspondence between the office of the City Clerk and the Norfolk and Western Railway, particularly letter of June 8, 1933, from the 'Comptroller of the Railway Company, outlining schedules to be included in the dis- count as a result of conference, indicating it was the intention to allow the full ~discount as taken by the ~ailway Company and the City should not at this time re- pudiate that agreement, and future discounts be determined before taxes are again idue was made; whereupon, Mr. ',¥ood moved that the City Clerk be directed to prepare land bring before Council Resolution directing the proper entry be made in the ~records of the City Auditor releasing the Norfolk and Western and the Appalachian ~Electric Power Company of the said cl~rges. At this Juncture the President, Mr. Small, relinquished the Chair to the Vice- i' iChairman statin~ that he was doing so for the reason he was a member of the committe ~attending the conference on June 8, 1933, and the question also directly iNorfolk and '.gestem~. Railway Company with which he is connected. The motion as offered by Mr. Wood was seconded by ~,ir. Winn and adopted by the affect s the following vote: AYES: Messrs. Bear, 'Jlnn and Wood --3. NAYS: None ...... 0. NOT VOTING: ~'Lr. Powell and Mr. Small ( For reason both i. Norfolk and Ufestern Railway Company). !, }. employees of the n · ith further reference to thl~ question Ur, ~lnn moved that proper Resolution be prepared directing attention of tho City Clerk, City Auditor, Commissioner of Revenue, City ?reasurer and the City Attorney, to the status covering payment of real estate, machinery and personal property taxes by corporations as assessed by .the State Corporation Commission, and before the anticipated payment of any taxes gtnnl~ ,lanu~'y 1, 1937, ar~ rooetvod tho .~-tter be takon up with Council as to hat constitutes real estate, copy of tho Resolution to be f. orear~ed to the rallw~ '~ompanies and other public utilities operating in the City of Rosmokeo The motion was seconded by Mro Wood ami um nlmously adopted, POLICE DEPARTMENT: Report from tl~ Police nonth of November, 1936 was before Council. TRAFFIC CODE: The City Clerk presented, )roof of the new Traffic Code. informatlo n from $10.00 show lng Department and Police Court for the The report is filed. for the information of Council, revised In this connection, the City Manager presented bids for advertising on three available cover pages ranging to 3100.00. [ ~ack cover page be offered at a price of ldepages at a price of ~ ~50.00 per page. After a discussion of the question, .,,r Bear moved that the $100.00, and the front inside and back . The motion was seconded by Mr. Wood. advert is lng being included in the TrafTlc Code, some opposition being registered, ;he motion was adopted by the following vote: After a discussion of the advisability of AYES: M~ssrs. Bear, Wood, and the.President, Mr. Small--3. NAYS: Messrs. Powell and ;'~inn .......................... 2. LICENSE CODE: The City Clerk is directed to bring before Council at its adjourned 28th, suggested additions and changes to the License Code, eeetin~, i~onday, December ~ffective January 1, 1937. .~eing his opinion that under brought to the attention of Council and reviewed! : as compared with anticipated collections, it ' T.43[ES: The President, Mr. SmaLl, collections for the fiscal year, the present percentage of c ollections, the City would have a balanced Budget to begin operation on the next fiscal year. LICENSE: The City Attorney brought to the attention of Council the question of unpaid license due by Barren G. C~lller, Incorporated, which matter was turned :ever to him for collection, sdvlsing that in conference with Collier Company,s At- ~orney, he had been informed check for $201.00 covering license and fee has been eceived, and that the company is now asking that the penalty be remitted. Council ill consider the matter further when the check has been received. There being no fUrther business, on motion of Mr. Wood, seconded by "'Mr. Bear, ~ouncil adjourned until 9:30 o'clock Monday, December 28, 1936. STREET LIGRTING~APPALACHIAN ELECTRIC POWER COMPANY: After adjournment, Council " lscussed informally information before it with reference to Street Lighting, the being directed to confer informally with the officials of the Appalachian a view of reaching some agreement for consumm-tion of the :'. President re si dent :lectric Power Compan$, with ~ew contract. APPROVED 381. 382 COUNCIL, AIII0~D MEETIND~ Monda]~, December ~8~ 1936 The Council of the City of Roanoke met in Adjourned Meeting in the Circuit ICourt Room in the Mttnicipal Building, Monday, December 28, 1935, Ia. m. PRESENT: Messrs. Bear, Powell, Wlnn, and the ?resident, Mr. at 9:30 o'clock ABSEi'~: Mr. :~ood ....... 1. The President, Mr. Sma'H, presiding. OFFICERS PRESENT: Mr. W. P. Hunter, City Manager. k~.~PLOY~,,~NT OFFICE: Mr. James A. Dugan, District Manager of the National Re- ;~omployraent Semrtce, appeared before Council in connection with request for the City provide office soace for division offices of the Federal and State Reemployment Service. Dugan was advised that his request had been referred to the City Manager wh~ ~'would confer with him during the week with a view of working out a satisfactory 'solution of the problem. ! _~URCi~SE AND SALE OF i:ROPERTY-SCH00L B~.RD: At the invitation of Council membersl of the School Board, headed by Mr. ',7. P. Hazlegrove, Chairman, appeared before the !. body for the purpose of discussing offers for purchase of the old post office build-', ins, the President, Mr. Small, stating the question on two or three occasions _h~_d ~'been discussed as a result of at least two realtors in the City working on a plan .for purchase of the site with a view of razing the present building and the erection~ i:of a three or four story modern building for commercial purposes, the present build~I 'ins not being suitable for store or commercial use, one of the proposals being for '125 feet of the 175 foot frontage on Church .Avenue, which would leave 50 feet to be [retained by the City for future use or disposal, and that before committing Council ~in any way the question should be laid before the School Board and get the benefit . of its Judgment, it being the opinion of Council that if a fair price can be ob- tained th~ property might be sold in order to stimulate development in that area, and that Council was definitely committed to a re~ort to the realtors on or before January 8, 1937. Mr. Hazlegrove stated that during the past year or two several realtors have !been to see h~m about the building and on each occasion without co~mitting the ;,~School Board officially, has stated while the property belongs to the School Board i~the building bas been turned over to the City for operation and use of same, and further, if it came to the question of sale of the property tt~ matter should be discussed with Council or th~ proper City'officials, it being his opinion the School ~Board would cooperate as far as possible in the consmmmmtion of a sale and that the i; i:question of a fair price and the terms under which tt~ property is to be sold should ~be left to Council. i' i' The President, Mr. Small, stated there was srme differmce of opinion in !~'Council. as to the value of the property and that difference would probably be wider ~ i!lf an attempt was made to get the opinion of all the rm_-mbers of the School Board, The question of the value placed on the property at the time acquired from ~ prices from ~350,000.00 to ~400.O00.OOt:, ithe Federal Government was discussed, various ' ~ ~ !being given as appraised value at that time. It was the unanimous opinion that the lproperty cmld not be dispcs ed of at such an assessed value at this time and that !, the City was being put to en expense for the upkeep of same and the loss of revenue in taxes with practically no income from the present property as it now exists. In a discussion of 'the proceeds from sale of property, the President, Mr. Small stated if it was the opinion of the School Board that Council should determine the price in the sale 1- ;h- --'_~ .of the property, the next question for consideration would be disposition of funds secured from the sale of same, and suggested that looking it from a practical viewpoint such funds received from the sale of the prol~rty should possibly be applied to the Sinking Fund for retirement of school bonds outstamling against school property exchanged for the old post office property. Mr. H~zlegrove stated that he was not in a position to speak for the School Board officially, but a meeting was contemplated during the week and the question would be taken up at that time and a committee appointed fo r further discussion either with Council or a co:.'~ittee appointed from Council. In a l~rth~r discussion of the disposition of the funds the question was raised. as to authority in disposing of the funds received from the sale of the pro~ rty and~ the City's legal right in determining same. The President stated that Council probably w~ld not care to determine the sale price unless it also has some control over the disposition of the proceeds. WPA: I~.~irs. Branch J. Carde~a, Assistant Supervisor of the Jorks Progress Adminis-' tration, again appeared before Council in connection with appropriation for. tsewing projects, which was before Council at its last meeting, the President, ~tSmall advising that Council would not have an opportunity ~ going into the matter 1 :at this meeting, but would probably be able to discuss the question at the regular meeting of Council on i.,!onday, January 4, 1937. LICENSE: The President brought to the attention of Council the question of amending the License Code, together with tabulation of minutes in connection with various requests durinE the year and recommendation from the Commissioner of Revenue, it being agreed that the various questions and recommendations would be considered separately and the City Clerk would be directed to prepare necessary amendment to the License Code in accordance with determination of the various sections discussed during the meeting. Section 88 (a). Loan Companies, Building and Loan Associations or Companies: A co~_unication from Charles D. Fox, Jr., Attorney, asking that this section be amended and the license be reduced from $2.00 on capital in excess of ~25,000.00 to ~.~1.50 rate, was before Council. After a discussion of the .ouestion and the information being furnished that the license is comparable to other Virginia cities, L.lr. Wirm moved that the section remain as written. lng vote: AYES: Messrs. Powell, ',~/inn, end the President, ~r. Small---3. I~YS: Mr. Bear----1. ( Mr. ~ood absent) SECTION ll3. 3'0B i:~It~ING: Tlxere being no motion for cl~nge in this section it shall remain as written· SECT I0N 32. BOOKBINDERS, ~00K MAKERS AND RULERS: No change. SECTION 31 (c). BOARDING, LODGING HGISES 'AND TOURIST HOMES: This section was discussed at length, Mr Powell moving that no change be made The motiem was seconded by ~[r. ~inn and unanimously adopted · The motion was seconded by ~r. Powell and adopted by the follow- 383' 384 SECTION 91. MARBLE YARDS: Considered by Council and on motion of Mr. Pc~ell, seconded by Mr. Bear and unanimously adopted, no change Jt~stified. SECTION 128: SLOT MACHINES: On motion of Mr. Bear changed in aocord~oe with !recommendation of the Commissioner of Revenue. The motion was seconded by Mr. and unanimously adopted. ( See new seotion in amsndment to the Lioense Coder Winn .0rdinanoe No.. 5050). SECTION 52. CONTI~CTORS, BUILDERS, ETC., On motion of Mr. Bea~, seconded by Mr. ~Po~ell and unanimously adopted, amended to include contractors dealing in f~,migatlon termite and destruction of insecticides. ( See 0rdimnce No. 50~0). SECTION ?0. FISH: 0n motion, duly seconded and unanimously adopted, no change. SECTION 153. LICENSE PEHIOD: On motion of Mr. Bear, seconded by Mr. Wi_n_~ and unanimously adopted, changed to eliminato the ten cents fee on sa]~ of automobile license plates as recommended by the Commissioner of Revenue. SECTICN 69. FOUNDRIES, idACHI!'~ AND Gt~UE~ REPAIR SHOPS: On motion, duly seconded 1' 1 and unanimously adopted, the recommendation of the Commissioner of Revenue is ac- cepted and the section amended accordingly. SECTION 71. FORTb~NE TELLER: The question psychologists was ( See Ordinance No. 5050), of amending this section to include discussed, it being the unanimous opinion of Council that there should be no license on teachers of psychology. SECTION 105 (e). PEDDLERS, ~,~DERS: The Commissioner of Revenue recommended thatl the opinion in Lynch- this section be amended to include peddlers of ice cream on foot. It was of Council that this class of peddler should not be licensed. i At this Juncture i'~r. Bear advised that he had an important engagement burg and asked to be excused, which request was granted. SECTION 109 PHOTOGP~PHERS: On motion, duly seconded and unanimously adopted, the recommendation of the Commissioner of Revenue, with slight changes, for amending this section is accepted. ( See Ordinance No. 5050). SECTION 117. K~D. I0 REPAIR SHOPS: On motion, duly seconded and unanimously adopt-~t ed, the recommendation of the Commissioner of Revenue for amending this section is accepted. ( See Ordinance No. 5050). SECTION 120. REST:~UI~kNT_S, EATING HC. USES, ETC. The question of allowing restau- rants to sell merchandise not in excess of ¢500.00 at a license of $10.00 as recom- mended by the Co~missioner of Revenue, was discussed so~___ewhat at length, there being isome objection registered to perraitting restaurants to sell merchandise maless a !reeler merchant's license has been procured. It was, however, agreed that the section would be amended to permit sale of merchandise not to exceed $500.00 more or [less as an experient, it being understood if restaurants exceeded the $500.00 they ii! .would be reouired to purchase a regular merchant's license. ( See 0rdimnce No. 5050 ! SECTION 124. SHOE SHINE PARLOR: It was unanimously agreed that the recommendatio~ 'of the Co_w~nissioner of Revenue to amend the section be accepted. ( See Ordinance .No. 5050). ~ SECT£0N 142 UPHOLSTERING ESTABLISHMENTS: Section to be amended changing license from $25.00 to .~15.00. ; SECTION 72. FRESH ~ATS: Section to be amended in order that merchants selling icut meats may be required to procure license of $20.00. ( See Ordinance No. 5050). SECTION 68. FIRE,VORKS: Section am~__ded raising license from $10.00 to $500.00. SECTION 115}. PUBLIC MARKETS: Section amended placing license at $7§.00 and clarifying the language. ( See Ordinance No. 5050), SECTION 93. MERCHANTS, RETAIL: P. arag~aph six amended providing for transfer of license by the Commissioner of Revenue eliminating same coming, before Council. The City Clerk is directed to prepare the proper an erdment and bring same Council at an Adjourned Meeting at 3:00 o'clock p. m., on .~,!onday, December 31, 1936, e There being no further business, on motion of Mr. ',~inn, Council adJourD__ed until 3:00 o'clock p; m., on Monday, December 31, 1936. before' APPROVED 385 386 COUNOIL~ Thursday, MIl OU ~iED METING, De oember 31, 1936. The Council of the City of Roanoke met in Adjourned Meeting in the Circuit Court Room in the Municipal Building, Thursday, December 31, 195~, at 3:00 o'clock Pe me PRESENT: Messrs. Bear, Powell, ':/inn and Wood---4. ABSEI,~: The i resident, l:~r. Small ............... 1. The Vice-President, L~r. Bear, presiding. OFFICERS }'RESAT~T: ,'.,~:r. 'l Attorney. P. !tunter, City L.~anager, and Mr. C. E. Hunter, City ~...~-LOYI~h~T SE~ArICE: Mr. James A. Dugan, District i,ianager of tt~ National Re- emplo.vr~ent Service, again appeared before Council in connection with office space ~or division offices of the Federal and State ~ploym~ent Service. The City l,:anager havln~ been directed to make survey of the old post office building and to reoort available space, presented blue print showing s~.~ace now occupied by the various'ao~ancies and gave verbal report of services rer~ered in the interest of the City, particularly the Roanoke Tuberculosis Association and the Traveler's Aid Society no~ occupyin~ space requested by :~ir, Dugan. In this connection ~r. B. J. Fishburn, President of the Traveler's Aid Society, l.]iss Ayers, 3ecretary, together with ::.~r. Fallwell, Director of the Public .,elfare Society, and L~:r. Richardson, President of the Roanok~ Tuberculosis Associa-. tion, appeared and spoke briefly as to the cooperation and services rendered by the two agencies in connection with the work of the Public Welfare Department, it being the consensus of opinion as expressed by I..ir. Fallwell that the Traveler's Aid SocietY, has been rendering a service in handling non-resident indegents referred to the Society by the ;?elfare Department. It was also tl~ consensus of opinion to move the Roanoke Tuberculosis Association in the midst of their stamp camtmign would be ver3r .! detrimental. During a discussion of the question the City I.,ianager advised that space was available in the basement of the old post office building and it was also suggested that some plans might be worked out to occupy space Om the second floor of the School Administration Building, L~r. Dugan advising neither of these locations would be !. satisfactory in that the offices furnished for the Employment Service should be on the first floor, all connected and of an attractive nature. After a full and free discussion of the question and suggestions being made as to the best method of providing space satisfactory to all agencies concerned, Mr. Winn moved that the Roanoke %'Mberculosis Asmciation and Traveler's Aid Society be allowed to remain in their lmresent location. There being no second to the motion, the Chairman, L.~r. Bear, su~r~ested tlmt the matter be continued until tl~ regular meeting of Council on .~onday, ~anuary ~th, and the City Manager be directed to confe~ With the Clerk of the School Boa~:l anti. Mr. Dugan with a view of providing space in the School Administration Building. ST_~.ET LIGL~_S:_ ~Xro Draper ~. Phillips appeared before Council and aslmd that a street light be installed to accommodate //1A26 Hamilton Terrace. The request is referred to the City LVanager for investigation and report as ~oon as possible. PETITIONS AND C0!,S~JNICATION$: PU~HASE AND SALE OF PROPERTY: Communication from C. W. Francis and Son, asking Council to consider placing rental price on the old post office building for client to erect their own improvements on same, was before Council. The communica- tlon is filed for consideration with other papers on the same subject. CHARTER-LEGISLATIVE: A. communication frGn members of the Roanoke delegation to the Legislature, attaching copies of amendments to the Roanoke City Charter as adopted at the Special Session, was before Council. The communication is filed. 'lIPA-NURSERY SCII00L: A comm. unication from Mrs. W. P. Ayers, Secretary of the Greenvale Nursery School, asking that Council provide quarters tan appropriation of $50.00 to $100.00 per month f.or re~t ami heating in order that funds might be obtained from the Federal ~overnment for the conduct of nursery " for nursery school or school in the City of Roanoke, was before Council. The c~nunication is carried over for further consideration at the regular meeting of Council on ~,~onday, January 4, 1937, and the City Clerk is directed to request ~:!rs. A. L. Horwitz, the cuestion at that time. LICENSE: A communication frc~.~ 'JoQds, Chitwood, President, to appear before Council for discussion of Coxe and Rogers, Attorneys for Barren G. Collier, Incorporated, together with checks for $201.00 covering license for street car and bus advertising for the years 1935 and 1936, was before Council, the Attorneys requesting that the checks be accepted in full payment for the license due, and the penalty be waived. After a discussion of the question and there beino~ a difference of opinion as to whether the penalty should be waived, D~r. ~'linn me, ed that the checks be accepted as full pa~nent of license due for the years 1935 md 193~, with the understanding the acceptance will not establish a precedent and the Barren ~. Collier Company will: be expected to pay their license for the year 1937 as prcarided by tl~ License Code. The motion was seconded by Mr. '~Vood and lost by the following vote: AYE~S: Messrs. Win_n and Wood .... 2. NAYS: Mr. Powell, and the Chairman, Mr. Bear .... 2. (The President, Mr. Small absent). In this connection Mr. Winn advised that at the next meeting of Council when a. full membership is present he expects to move reconsideration of the matter. t! DELINQUenT T~tXES: A cc~munication from Turner and Turner, with reference to ~delinquent taxes for the years 1922, 1923, 1924, and 1925, on Lots 6 and 8, Section 3, M. H. Jenning~s Map, asking that the taxes and interest be remitted in that the taxes represent a duplicate assess:~ent, was before Council. The City Clerk advised that the question has been investigated and the proper procedure will be for application to the Court, or payment of the taxes ami the~ refundsame by Resolution in order t_hat the records is directed to so ~_~_vise Turner and Turner. REPORT OF OFFICERS: REPORTS OF THE CITY MANAGE R: accomplished and expenditures for the weeks em_ding showing cost of garbage removal as sixty-two cents The reports are filed. _&PPOINTME~-PURCHASING AGEhW2: The City Manager submitted report ment of Mr. R. B. Moss as Purchasing Agent effective January l, 1937, vacancy created by the death of Mr. P. H. Tucker. might be properly cleared. He The City Manager submitted reports of work December l?th and 23rd, 1936, and sixty-one cents, respectivelY. of the to fi 11 The report is filed. appoint. - 387 APPOINTMENTS-MUNICIPAL AIRPORT: The City Manager submitted report of the follow- ing appointments for the operation of the Municipal Airpor%: R. J. Dunahoe, Jr., appointed Manager of the Airport at a month. salary of $125,00 per M. L. Turner appointed assistant Manager of the Airpor~ at a salar~ of $90.00 per month. John ',V. Snyder appointed helper at a The report is filed. In this connection, the City Manager salary of $60.00 per month. advised that he has an eng~ement with !the City Auditor to go to the Airport on Friday, January 1st, to set up an account- !in2 system for its operation and reports Council from time to time. of the operation of same will be submitted REPORTS OF C0~;~ITTEES: None. ~UFINIS_W~D BUSINESS: None. C u'INSI DE~.ITI ON OF CI~tI~B: CHARTER-LEGISL~TI0.~!: A communication, together with bill amounting to $25.35 from S. E. Hunter, City Attorney, coverin.~ exposes in connecticm with trip to Richmond in the interest of Charter changes during the Special Session of the General Assembly, was before Council. On motion of Mr. Powell, seconded by Mr. '.Minn and unanimously adopted, the bill is a?proved and the City Clerk directed to forward same to the City Auditor for Da yment. DUCTI~,, Ak'U) C0!~oID.ERATI~,N OF 0RDII~NCES AND RESOLUTIONS: BUDGET-DELLN~NT TAX DE!:A!~I%.I~ =RT: The Delinquent Tax Collector having requested an additional appropriation of ~50.00 to his Stationery Account and the City Clerk hsz im~' been directed to prepare proper Ordinance for transferring this amount from Postage to Stationery~Account, presented same for consideration; whereupon, Mr. P0well offered the following Ordinance: :~ (#504?) AN ORDINANCE to amend and reenact Section #9, "Delinquent Tax Department ~ ,, of an Ordinance adopted by the COuncil of the City of Roanoke, Virginia, on the 29thi!I day of June, 1936, No. 4860, and entitled, "An Ordinance making appropriations for ~ the fiscal year beginning Wood, July 1, 1936, and ending June 30, 1937". ( For full text of Ordinance see Ordinance Book No. 9, page 112 ). ii Mr. Powell m._oved the adoption of the Ordinance. The motion was seconded by Ivlr. il: and ad opted by the following vote: AYES: i.lessrs. Y. owell, Vfinn, :Vood and the Chairman, Mr. Bear---4. ~iYS: None ......... 0. BUDGET-IE~ICIPJJ~ ~~iRPORT: A Resolution havimE been adopted authorizing the pur- chase of hangar at the Municipal Airport and no funds having been provided in the Budget for expenditures of this nature, ~. ;~inn offered the following Ordinance: ! ~ (#5046) :LN 0EDINANCE to amend and reenact Section #120, "Municipal Airport" an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 20th daT' of ,June, 1936, No. 4860, and entitled, "~n 0rd~mnce making appropriations for beginning July 1, 1936, and ending June 30, 1937" ( For full text of Ordinance see Ordinance Book No. 9, page Mr. ~i~n moved the adoption of the 0rd~nce. ~he fiscal year 112 ). The motion was seconded by Mr. Wood, and adopted by the following vote: i. AYES: Messrs.-Powell, ~inn, 'Jood, and tha Chairman, Mr. Bear---4. NAYS: None .... O. Tk~E~S: The question of releasin~ charges a~al~st public utilities, including of I/ railway companies, representing alleged excess disco~nte on anticipated.payment of taxes for the years 1933, 1934, 1935 and 1936, having been previous~v discussed be- fore Council and agreed upon, was again before Mr. '2inn offering the following Resolution: the body for further consideration, (~5048) A RESOLUPION authorizing and directing the City Auditor to make proper entry releasing the Norfolk and ':lestern Railway Company and the Appalachian Elec- Itrlc Power Company of charges representing discounts on taxes paid for the years 1933, 1934, 1935 and 1936. ( For full text of Resolution see Ordinance Book No. 9, page 113). Mr. Winn moved the adoption of the Resolution. Wood, and adopted by the following vote: The mot ion was seconded by Mr. AYES: Messrs. '/finn, ~Vood, and the Chairman, Mr. Bear .... 3. NAYS: None .... 0. NOT VOTING: Mr. Powell ( For reason employee of the Norfolk and '.Vestern Company ): Rail ~aF ~ In this connection the question of conference with public utilities, including railway companies, for determination of what properties should be classified as real estate and subject to discount for the year 1937, was discussed, Mr. ':~inn offering the following Resolution: (#5049) A t%~SOLUTION directing authorized City officials to confer with officers of public utilities, including railway companies, operating in the City of Roanoke for determination of what properties should be classified as real estate and subject to discount of 1}% if taxes are paid prior to i£arch 31st, as authorized by Ordinance No. 5040 adopted by the Council of the City of Roanoke on the 14th day of December, 1936. ( For full text of Ordinance see Ordinance Book No. 9, page 113). Mr. :tinn moved the adoption of the Resolution. lJ_r. ~f~ood, and adopted by the following vote: The motion was seconded by AYES: Messrs. Powell, ',~inn, Wood, and the Chairman, Mr. Bear --4. NL~YS: None ---0. LICENSE: The License Ordinance having been reviewed at a Special Meeting of Council and agreement reached for amending certain sections, was again before Council and discussed, Mr. ~.'lood offering the following amendment: (#5050) AN ORDINANCE to amend and renact Sections 52, ~8, 69, 72, 93, :~117 120 124, 128, 138, 142 and 153, of an Ordinance adopted by the Council of 10g, .': , the .i City of Roanoke on the 30th day of December, 1935, No. 4696, and entitled, "An Ordinance compiling and codifying Ordinances, imposing taxes on licenses for .M~icipal purposes, and prescribing penalties for violations thereof, and directing ~, the printing of same in pamphlet form". ( For full text of Ordinance see Ordinance Book No. 9, page 11~). Mr. ~ood moved the adoption of the Ordinance. The motion was seconded Powell, end adopted by the following vote: AYES: M~ssrs. P6well, ~inn, ~ood, and the Chairman, Mr. Bemm--4. NAYS: None .... 0. FIPd~0RKS: 'The License Code providing for a $10.00 License for the sale of fireworks in Roanoke having been increased to $500.00, the suggestion was made that the Board of Supervisors of Roanoke County, the Council of the Town of Salem, and the Council of the Toma of Vinton be contacted with a view of cooperating in the 389 la9o enanctment of regulations for the control of fireworks; whereupon, Mr, Woo~ offered the following Resolution: (#5051) A RESOLUTION direotin.E the appointment of a from Council to confer with the Board of Supervisors of committee of two members Roanoke County, the Council of the Town of Salem, ~eliciting support and and the Council of the Town of Vlnton, for the purpose of cooperation in the enactment of regulations and control of fi reworks. ( For full text of Resolution see Ordinance Book No. 9, page 115). Mr. flood moved the adoption of the Resolution. The motion was seconded :?inn, and adopted by the following AY£S: :~:essrs. Powell, /limn, ;?cod, NAYS: None ..... 0. MOTIONS AND MISCEIff~i[~0US BUSINESS: .~-,r, ~. Hill ~ucker, Purchasing ;k~ent, DEATHS: The death of ~ ~ vote: and the Chairman, Mr. Bear--4. and Dr. George D. Johnson, a member of the medical staff of the City of Roanoke, was brought to the attention of Council; whereupon, Councilman ;'lood and the City Clerk were appointed as a co~nittee to draft proper Resolutions of Respect for consideration of Council at its next re~-ular meeting. There being no further business, on motion of l..lr. Winn, Council adjourned sine die. APPROVED erk seconded by Mr, Powell, Pres ident :I COUN~IL) Monda y) RE (IILAR ~/ETING, January 4, 1937. 39 [. The Council of the City of Roanoke met in regular meeting in the Circuit Court1 Room in the l.;unicipal .Building, '.. :. ond ay , January 4, 1937, at 2:00 o'clock p, m., the regular meeting hour. PRESENT: Messrs. Bear, I-owell, '.~inn, ':/ood, and t~e ;resident, ~dr. Sw~ ll--5. AB$~ T: None .... 0. T~ President, l.~r. Small, presiding. OFFICERS PRESE.~,~: L'.r..Vo Y. Hunter, City ]%ana~r. HEARING OF CITIZENS UPON /~L~BL!C MATT'.,~RS: PURCHASE .'G~D db~LE OF PROD~h~I'Y-:SCH00L BOARD: The ccmmittee from the School Board, composed of ~.:r..'f. P. Hazlegrove and Dr. E. D. Poe, appeared before Council as agreed at a previous meeting for a further discussion of the question of sale of the old post office building and disposal of proceeds from same. Mr. Hazlegrove advised that at a meetin~ of the School Board he and Dr. Poe had been appointed as a co~mnittee to discuss the hatter with Council, it being his understanding any benefits accruing frem the sale of the old post office building belongs to the School Board, but the legal title stands in the name of the City, and reviewed briefly the history of acquirinE the said building which came into the: City as a result of deeding to the Federal Goverr~ment certain property formally ~ el, ned by the Bchool Board on which is now located the new post office ouilding, for.i which the 3chool Board was to be deeded the old post office building of the same or equal value. Mr. Hazlegrove stated further that it was the opinion of the 3chool Board as a , result of the exchange, the old post office building is a part of the school proper~y action, at the same time directing Co~_mcil's attention to thr~e pressing needs .'in the schools at this time requiring capital expenditure~ In this connection Mr. Hazlegrove reviewed the needs and the School Board,s endeavor to establish an Industrial or Trading School in conjunction with the Jefferson High School. He also mentioned need for sn Auditorium at tt~ ~ntorse and any fUnds obtained from sale of same should go to capital a'Ccount of the school Board, but the School Board is goin~ to cooper-ate wi. th Council now, and in the future, as it has in the past, with a view of working for the best interest of all concerned, and if it is Council's desire to use the proceeds from the sale of the building for retirement of bonds~ the Bchool Board would do nothing to prevent such'i School and also at th~ ':~oodrow Wilson Junior High School. As to the sale of the property the spokesm~qn steted the School Board feels thag is a matter for Council to decide if they are so inclined, but as a department of the City the School Board is recommending that the proceeds from the sale be made available for capital improvements, which imrpovements will adequately accommodate the. City for the next fifteen years, and upon inquiry frcm tl~ President as to the School Board,s opinion as to the value of the property, Mr. Hazlegrove advised the members of the School Board feel if they were the owners of this property and had no use for same and could obtain $1,000.00 per front foot on the Church Aven~ side and could convert the funds into capital revenue, they would accept it. The question of increase in operating cost, proportionately w~th increase in capital expenditures, aa well as cost of erecting the proposed industrial unit at the High School building, wes discussed, as were various other phases relative to the question before Council. In a further discussion, the President raised the question as to whether or not there would be any obJectZcn on the part of the School Board to obtain approval of plans of Council for the expenditure of the funds for capital account if the !money was turned over to the School Board, Nr. Hazlegrove advising that the School Board wo~ld be willing and would expect to confer with Council on such questions. The question having been discussed in detail, the Presldeat advised that it was his opinion Council has a clear understanding with the School Board and the matter would have to be discussed further with the City ~.~uager a_~d to later reach a conolus ion. The cuestion of utilizing part of the old School Administration Building for of the d~nands on Council at this time, was discussed briefly. some L:r. Hazlegrove also brought to the attention of Council the question of having the School Acccants audited for fiscal year ending June 30, 1936. Later during the meeting the question was again discussed, and upon inquiry of ~the City L!anager, it was his opinion that no sale should be consumated at this time 'in that the property was maintained by the City during the depression and should :appreciate in value. After a further discussion as to disposition to be made of the proceeds, it i was the unanimous opinion of Council that the L!ayor advise Mr. Wall Council will ~receive a tender of $125,000.00 net to the City.if consumated prior to January 31, 1937. ,VPA-h~IRSERY: At the invitation of Council ~:~s. A. L. Horwitz, President, and ~:-. -~ o Ayers Secretary of the Greenvale Nursery School, appeared before ;,irs. .,. .. , Council for a discussion of request for funds to assist in defraying expenses of free day nursery schools in Roanoke, the request being for funds of $50.00 to $100.00 per month to cover cost of rent and heat. In a discussion of the question it was stated that the Federal Government is furnishing teachers and one meal per day for children attending these schools s~d heretofore tl~ necessary funds have been provided by private subscriptions by churches and clubs. Council was also advised it is contemplated four schools will be put into operation, one having been closed in the Southeast section, and each school will accommodate approximately forty children and the schools will operate the year around. Upon inquiry as to whether or not application had been made to the Community ~Fund for support of these schools, "been advised by the Community Fund Council was advised that the organization has it is not eligible for assistance from that source The request is to be discussed further later during the meeting. purpose, It having been agreed that the request for funds to assist in establishing free nursery schools would be discussed later in the meeting, the question again came before Council, and in the absence of any motion for an appropriation for this the City Clerk was directed to advise the Greenvale Nursery School that it ,, is the opinion of Council this is a matter for inclusion in the Community Fund Budget and suggest the organization communicate with the Executive Ithe Community Fund. Secretary of ~PA-SEWING PNOJECTS: Mrs. Branch J. Carden, Assistant Supervisor of the Progress Administration, appeared before Council for further discussion of request for additional appropriation for sewing projects in the City of Roanoke, Mrs, Carden. explaining that appropriated for fiscal year ending June 30, 1937, while all funds have not been expended, she was submitting new projects at the request of the Federal Oovorament providing that tho City participate to the extent of fifteen percent of tho cost which would necessitate ~ obligation of approximately and unexpended funds would revert back to the City. The question was discussed somewhat at length as on previous occasions, the President advising that it was his opinion no Federal funds will be available until appropriated by Congress and Council has no assurance what this amount will be, and further, if the proposed projects are approved it would obligate the City f~r fUnds to be appropriated in the next fiscal year's Budget, it being his suggestion any new projects submitted should be for unexpended funds already appropriated under new re gula t ions. After further discussion and various members of Council expressing opposition to obligating the City for funds to be appropriated in the Budget for the next 'fiscal year, ~..[r. Wlnn expressing the opinion that Council should approve the projects as submitted by :frs. Cardem, Mr. Bear moved that the unexpended balance in WPA sew- dug projects already appropriated be made available for new project covering such period in the present fiscal year as such funds can be made available and expended. The motion was seconded by ::r. '.';odd and adopted by the following vote: AYES: Messrs. Bear, Powell, 3odd, and the President, .'.ir. Small --4. NAYS: L~r. :Yinn ..... 1. PAP~NT-TEACHERS ASSOCIATION-FREE MILK FUND: A delegation from the Parent-Tead~ ers Association, headed by l.-~rs. G. D. Shipplett, appeared before Council requesting that:i the appropriation to the free milk fund of $1,000.00 be supplemented by ~500.00, ~hich amount was cut from the Budget for the presen~ fiscal year, the delegation !giving a resume of expenditures and the needs for this amount, also unit cost of .~.ilk delivered to the schools. It appearing that the milk delivered is being furnished at wholesale prices and there is an urgent need for additional funds, Lhr. Bear offered the following ~mendment to the Budget providing for an additional appropriation of $500.00 to the free milk fund: ~gencies and Hospitals," of an Ordinance adopted by the Council of the City Roanoke, Virginia, on the goth day of June, 1036, No. ~860, and entitled, "An. :f5053) AN 0RDIN_,LNCE to amend and reenact Section //59, "Contributuibs to Private ~rdimnce making appropriations for the fiscal year beginning ~uly 1, 1936, and ~i' ~nding ~une 30, 193~." ( For full. text of Ordinance see Ordinance Book No. 9, Page 119). Mr. Bear moved the adoption of the Ordinance. The motion was seconded by Mr. .Vood and adopted by the following vote: AYES: Messrs. Bear, Powell, ;~inn, Wood, and the President, NAYS: None ..... 0. E.%~LOI%?F. NT SERVICE: Mr. James A. Dugan, District Manager of the National Re- .~mployment ~ervice, again appeared before Council in connection with space requested For division offices of th~ Federal Employment Bureau and in this connection Mr. .~unter again presented blue prints showing available space and space now occupied 3.93 394 by the various State.. Federel and 4~niclpel sd by tl~ City. After a dtso~ssion of the question and ,actory solution for division and assignment a committee composed of Messrs. Powell, Bear, organizations, occupying space ~lsh- Council being unable to reach a saris- of office space, the President appointe, ?Iced and the City Manager to make a survey of the old telephone building, the old post office building and the High School buildim2, and make report and recommendation for assigning space for the ~rious agencies and demands now being made on the City. PETITI ~"' ~.~ A~D CGJ~TR'~ICATIONS: PARKS AND PL-~YGR0~NDS-SI~,~ANDOAH NATIONJ~L PARK: A c~nmunication fr~n the enclosing newspaper clipping with reference to Park, asking municipal 'Shenandoah Valley, Incorporated, proposed fee to be charged for use of the ~henandoah National .ties to oppose such action, was beforo Council. By unanimous approval of Council, the City Clerk is directed to acknowledge receipt of the communication and advise that same has been referred to the Roanoke .Chamber of Commerce for its consideration and action. LICENSE: A communication from lJr. Charles D. Fox, Jr., Attorney, with referenc~ to license on Loan Companies, asking for a reply to his letter under date of DeceEbe~ 23r~' was before Council. ' The City Clerk is directed to acknowledge receipt and advise him that his re- quest has been denied. FIRE ?ilE'~T!CN: A communication from the Chamber of Commerce advising that Roanoke has won anot?~r distinction by the Committee on Fire Prevention and Clean- up Campaigns of the National Fire Protection Association by placing 31st in a group of 64 cities and beinE awarded first place for the State of Virginia in the record of merit for educational activities promoted during Fire Prevention :¥eek during the ~;onth of October of this year, ,.vas before Council. The communication is referred to the City l,!anager with the request that a copy of same be placed on bulletin boards or prominently displayed at each of the fire stations in the City of Roauoke, STREET LIGHTS: A communication from the Shenandoah Hospital asking that a street light be placed East of the corner of 8th Street and Campbell .'~venue, S. W., was before Council. The communication is referred to the City Manager for investigation, report and recommendation. Tg~S: A communication from the Order of Railws~~ Conductors asking that assess~ ment of office furniture and equipment be reduced, was before Counc il. The communication is referred to the Commissioner of Revenue and the City Clerk is directed to advise the Order of Railway Conductors that they may discuss ~he hatter with the Commissioner of Revenue for disposal of the question. C0~.~NoAT!C,h B0.~RD-C0~,~..,.Io~I~h~R OF REVEillE: A communi~tton from the Compensa- gion Board fixing the salary and expenses in the office of the Commissioner of Revenue for calendar year 1936, was before Council. [ The City Clerk is directed to forward copy to the City Auditor for his lnforma' t ion. C0~:~SATION BOARD-TRF~SURER: A communication from the Compensation Board fix- :lng the salary and expenses in the office of the City Treasurer for calendar year ~937, ,l'ormat i on. was be fore Council. The City Clerk is directed to forward copy to the City Auditor for his in- COMPENSATION BOARD-ATTORNEY FOR THE C0~0~L~ A o~mnunication from the Compensation Board fixing the salary and expenees in the office of the Attorney for the Commonwealth for calendar year 1937, was before Council. The City Clerk is directed to forward copy to the City Auditor for his lnforma- t ion, REFUNDS AND REBATES: A communication from the Delinquent Tax Collector asking that certain refunds for taxes be made to C. B. Austin, A. M. Nelson, Jr., and Terry B. Witt, was before Council. The matter is referred to the City Clerk for investigation and drafting of Resolutions if found correct. REPORTS OF OFFICERS: APPOINT~NT-POLICE DEP'ARTM~T: The City Manager reported the resignation of Roy W. Dalton who was employed November 20, 1936, for a period of 60 days to watch vacant houses on January 3, 1937, and the employment of Conrad M. Porter on January 4, 1937, to fill the The report is filed. REPORTS OF C0~,H..~ITTEES: None. vacancy created by the resignation of Roy W. Dalton. UNFINISF~D BUS INESS: AIRPORT: The City Clerk is directed to record as a minute of the meeting that the Municipal operation of the Airport is an experimental operation and in such opera- tion the City Council does not imply by its action it is definitely committed to a t policy of permanent operation. In this connection the President called to the attention of the City Mam~r the need for cleaning up the premises at the Airport and painting The question of insurance, coverage and contract with tenants, the hangar. relieving the City of liability for losses and damage to planes by fire at the Municipal Airport was also brought to the attention of the City Manager. CONSIDERATION OF CL..LI,.,.S: None. INTRODUCTION 'AND CCESIDERATION OF ORDINANCES AND HESOLUTIONS: RESOLUTION OF RESPECT: :~ committee composed of Councilman Wood and the City Clerk having been appointed to draft Resolutions of Respect on th~ death of two City employees, Dr. George D. family of one of the deceased Johnson e~d Mr. P. Hill Tucker, was discharged, the havim~ requested that Council take no fUrther action in this matter. FIRE :~0RKS: Mr. Small at this kuncture vacated the Chair, turning same over to '~V&ce-Chairman Bear, and introduced the following Ordinance for its first reading: (#5054) AN ORDINANCE prohibiting the exhibition of fire works or explosion of other like articles in the City of Roanoke, and providing penalty for violation thereof. BE IT 0RDAI~ED by the Council of the City of Roanoke that no person shall give an exhibition of fire works or shall fire any fire crackers, Roman candles, sky rockets or any other like article or explosive within the limits of the City of Roanoke; provided, however, that the City Manager may moon application at any time, permit the public display of fire works within the Fair Ground or Athletic Field in the City of Roanoke. Any person, firm or corporation violating this ordinence or ~y provision thereof shall be guilty of a misdemeanor and punished by fine of not less than $5,00 nor more than ~25.00 for each offense. All ordinances and parts of any 0rdinance~in conflict with this Ordinance are hereby repealed. :395 The 0rdir~noe is laid over. ROANOKE '~ATER '~0RES 00MPANY: Mr. Small also brought proposed Resolution 'for the lnfomation of the public in on conde~nation of the ?later ~orks Company on ~anuary 9, befox~ Council and read a o c~neotion with referendum 1937, stating he was 'offer- lng this Resolution for the purpose of having a record in the minutes of Council that will be permanent record of advice and information to the public prior to the referendum so there will be a definite expression from Council as to how the matter has reached its present stage, the reason why Council wishes advice as to public policy in the n~tter and, also outline in a brief manner what this Council proposes to do if the public approves of condemnation, and offered the ~followlng Resolution: (#5052) A RESOLU?ION, for the information of the public, in connection with ~water condemnation referendum on Jannary 9th, setting forth the policy and actions ~of Council with respect to present and future water needs for th~ City of Roanoke. ( For full text of Resolution see Ordinance Book No. 9, page.11~. L~r. Small moved the adoption of the Resolution. The motion ;vas seconded by Er. Jinn and adopted by the following vote: AY~£S: Lessrs. i-owell, Small, 'Jinn, ?iood, and the Vice-Ohairman, Mr. Bear--5. None .... 0. in this connection the question of giving publicity to the Resolution was discussed, ~.~r :'~'inn su~.oesting radio time should be purc.~msed in order that the .Resolution be given publicity over the air, but upon further discussion it was the :conscnsus of opinion of Council publishing s~me in the Uorld-News and The Times as a paid advertisenent would perhaps be more effective. After a conference with the Advertising ~(anager of the Roanoke papers, it bein~ ascertained that a half page advertisement would cost approximately ~1~1.00, L~r. 7;inn moved that the .~t., Clerk be directed after conference with the L~ayor to prepare the advertisement of at least a half-page and such additional space as seerr~ neeessar3r for publishing in the :/orld-Liews on Thursday afternoon, January The motion was seconded 7th and ?he Roanoke Times on Friday morning, January 8th. by i.~r. Uood and unsnimously adopted. L!0TIONS D~JD i.XSCELL~J ZOUS BUSINESS: LIC~o.~m: ~.~r. ~:~'inn brought to the attention of Council the cuestion of two checks presented by Barron G. Collier, Incorporated, which were offered at the last rneeting of Council as full payment of license for the years 1935 and 1936, and asking that the penslty due be re~.itted, which request was refused by a vote of two to two, the President having been absent at the last Reetir~E, and moved that the ouestion be reconsidered at this time. The Vice-Chairman still pres idi~ i L~r. Small seconded the motion which was adopted by the following vote: AYES: L~essrs. ~mall, i'Jinn and ;Jood ---3. A~AYS: L~r. Powell, and the Vice-Chairman, Mr. Bear--2· The ouestlon again being before Council, the matter was again discussed, ~Ir. :Jinn moving that Council accept the checks amountin~ to $201.00 from Barton G. ~Collier as full payment for 1935 and 1936 license and the penalty of ten percent ~as~ provided by ~:rd~nance be waived. The motion was seconded by L~r. r~ood am:l lost i by the followinE vote: AYES: ~essrs. ~Winn and Wood .... ~!AYS: Messrs. Powell, Small, and the Vice-Chairman, ~Mr. Bear--3. The City Clerk is directed to return the checks to ~oods, Chitwood, Coxe and Rogers, Attorneys for the Advertising Company, advising Council's action in the matter,, ar~ to also write the Roanoke Railway and Electric Company advising that the Advertising Coml~ny is in default for license for 1935 and 1935 in the sum of $110.§0 per annum or an aggregate of $221.00, and to advise what assistance the Railway Company can render in forcing payment of these delinquent licenses. STREk~ 0BSTRUOTION: · Th~ President, Mr. Lm~ll, brought to the attention of the City ~,Mna~er the continuous blocking of Kirk Avenue by the Montgomery Company and 'asked that the City Manager investigate the enforcement of keeping the street clear.. '~r brought to the attent ion ~LDVERTISING-SIGN BO~RDS: The President, ~ . Small, of Council that within the next few weeks he expects to bring before Council an Ordinance to prohibit the ~lacing of bill bo~ards a~ large advertising signs within 200 feet of intersections and railway crossings, calling particular attention to bill boards be in~ erected at the intersection of Franklin Road and the Railway crossing, the purpose bein~ as a safety measure in the elimination of obstructing the view at such crossings. 0t~r sections throughout the City where bill boards have been placed in hazardous positions were also m~ntioned, it being the opinion of M.r. Bear that bill boards should not be erected at all within the City limits without the approval'~f Council. There being no further business, on motion of L~r. Bear, Council adjourned. ~:iISCELI~OUS: After adjournment Council discussed informally the question of personnel for the Health Clinic and other departments and the City Manager's department, vacancies having been created as a result of the death of two employees. APPROVED 397 398 COUNC~L~ Monday, RE~LAR ~ETING, JanuarF 11, 1957. The Council of the City of Roanoke met in regular meeting in the Court Room in the ~unicipal Building, .~:.onday, January 11~ 1937, at 2:00 o~olock p. m the regular meeting hour, PRESE.~: Messrs, Bear, Powell, 'Jinn, ,'iced, and t~e President, Mr. Small--5. ABSE,~: None .... 0. iAt t o rney. President, .',ir. hlnall, presiding. '..,[IhKITES: It appearing that a copy of the minutes of th~. previous ;been furnished each member of Counc.[1, upon motion of 1.:r. Powell, seconded by ¥.r. ':~'ood, the reading is dispmsed with, and the minutes approved as recorded. ~.~,m. . " and ~r. C E Hunter, City OFFICERS ~,..~,. Mr. W. P Hunter, City ~,,.anager, · · meetinE havinI '.~IE~°'~'~ OF CITIZENS U~ ON !'UBLIC idATTERS: MILITA~y CG',~i~A,'~ES: Charles B. Nerren, Captain, Company "G", 5th Battalion, Fleet :'.,!arine Corps Reserve, appeared before Council advising his company for the past eight years has been drilling in tb~ City ~.,iarket Auditorium by authority grant-il ~ed blz Council, Tuesday night having been assigned for that purpose at the time, and about three months ago at the request of t?s City ¥.anager the drill night was shifted ,to i,.:onday night in order that the AuditorD_~_m might be used on Tuesday night for ,,wrestling matches, resulting in a drop of from ten to fifteen perceat in attendance . ,by members of t,be company, and about two or three weeks ago after he had been able' !to. again build up his attendance, the drilling night was shifted to Saturday night :in order that the Recreation Department might use the Auditorium for Basket Ball purposes, the result being it was impossible to maintain a percentage of attendance required by military authorities, and asked that a regular night be assigned to his Company, preferably l~.ionday night, for the use of the _.-';uditori,~m. i~: In this connection ~aJor Carleton Penn spoke briefly, stat ing that he had 'conferred with military authorities in ,:~ashington, explaining the situation, and had ~been advised unless requirements laid down were met the company might be moved to another city as there are other applications for this _Marine Company. The question was discussed s Gnewhat in detail, the City Manager advising with ithe exception of use of the Auditorium for Basket Ball purposes there is no particul reason why some definite night could not be assigned .to the ~(arine Company for drill- iing purposes, it being the opinion of Council the determination of the question is a matter of policy and a matter for Council to decide whether or not it wants to grant a definite night for drilling purposes to the ,,Marine Company or permit the use of 'same for Basket Ball games; whereupon, Mr. Bear moved that Company "G" 5th Battaliol Fleet Marine Corps Reserve, be assigned the City Market Audi torl~m the hours from B:00 o'clock p. m., to 10:00 o'clock p. m., on Monday night of each week for drillin~ ,~urposes, subject to withdrawal at the pleasure of Council, it being understood and 2greed by Captain Nerren the use of the Auditorium by the military company shall not ~nterfere with the rental of same for any purpose by the City of Roanoke. as seconded by i.~.r. Winn and adopted by the following vote~ ,r The mot i,:~n AYES: Messrs. Bear, Powell, ~inn, Wood, and the President, Mr. Small--5. NAYS: None .... -0. In tkls connection Mr. K. Mark Gowen, Recreational Director, appeared before 0ouncil and submitted communication requesting that certain funds in his Budget be transferred in order that the GFmnasium at Saint Andrews might be rented for Basket Ball purposes, the President, Mr. Shall, advising him before discussin~ his request he was bringing to his attention the fact that Council has directed the City Managex to fix ~{onday night of each week at ths City Market Auditorium to be used by the Marine Corps for drilling purposes, which might suggest an increased use of the Saint Andrews Auditorium, and directed Mr. Cowen to revise his request before deratlon of Council. consi2 The suggestion having been made that Mr. Cowan revise his request for transfer ~ of funds, he again appeared before Council later during the meeting and submitted same$ whereupon, the Bud get Monday, EMPLOYMENT SERVICE: employment Service, again City Clerk is directed to prepare proper amendment to the Ordinance for further consideration of Council January 18th. Mr. James A. Dugan, District at its next regular meeting on 'i Manager of tl~ National Re- appeared before Council in connection with space requested' for division offices of the Virginia State Employment, and in this connection a committee appointed by Council submitted the following report: "Roanoke, Virginia, JamAary 11, 1937. 'To the City Counc il, Roanoke, Va. "Gentlemen: EMPLOYM~T SERVICE "Regarding the request from M.r. James A. Dugan, District Msnager of the National Reemployment Service, that the City provide office space for division offices of the Federal Employment Bureau in Roanoke. "The C~mittee appointed by the City Council to make investigation, report and reccmmendation to the City Council at its next meeting, do not recommend changing any of the present offices, but after inspecting all available office space we reccmmend that the City Council after the Auditoriu~ of the School Administration Building at the corner of Church Avenue and Third Street or three rooms in the '.:Yest portion of the basement of the 01d Post Office Building. "It is estimated that it will cost $350.00 to provide the necessary partitions for offices in the Auditorium of the School Administration Building. The cleaning, painting and rearranging of partitions in the basement of the 01d Post Office Building will cost approximately $75.00. This expense to be assumed by the ap- plicant, necessary partitioning to be first approved by the City Manager. "Respectfully submitted: ( Sl ned ) W. M. Po~ell, ( Councilman ) Jas. A, Bear, ( Councilman) Walter W. Wood, ( Councilman) W. P. Hunter ( City Manager)" The report was discussed somewhat at length, ~.&r. Dugan advising if Council would appropriate the $350.00 necessary for partitions and repairs, while the space was not altogether satisfactory, he would be able to make out with it. The President reminded ~r. Dugan that the report provided for assignment of · space only and any expense incident to alteration should be borne by the applicant; Swhereupon, Mr. 'dood moved that the report of the com_~ttee be received and accepted.~ The motion was seconded by ~M. Powell and adopted by the following vote: AYES: Messrs. Bear, Powell, ',~lnn, ;Yood, and the President, Mr. Small--5. NAYS: None .... 0. PETITIONS AND C 0~IUNICATIONS: ROANOKE GAS LIGHT C0~PANY: A request from the Roanoke Gas Light Company to open Roanoke Avenue, Virginia Heights, from James Street, .'~est 225 feet, for the purpose of laying a 4 inch cast iron gas main, to supply house #141, was before 399 ~ouncil, the City Manager reccmmemding that the permit be granted. Wood moved that Council concur in the rec~nme~dation of the City ~a~ager am ,ffered the following Resolution: (~5055) k RESOLUTION grmnting a permit to the Roanoke Gas Light Company to install a gas main in Roanoke Avemae, Virginia Heights, from James Street ~,~est 225 ~feet ,?inn and adopted by the following vote: AYES: Messrs. Bear, Powell, ,','inn, i NAYS: None ---0. to supply house No. 141. ( For full text of Resolution see Ordinance Book No. 9, page 120 }. Mr. :~ood moved the adoption of tM Resolution. The motion ;vas seconded by Mr. 3cod, and the President, !,'.r. Small--5. ! ROANOKE GAS L!CPHT C0,~,?PJuNY: :'~ request from the Roanoke Gas Light Company for permit to open Patton Avenue, N. ':t., from 5th Street, .'~'est to house iJ529, for idlstanee of approxLmate!y 350 feet to dead end, for purpose of laying a 2 inch gas main, was before Council, the City i.~anager recommending that ti~ l~rmit be granted. Mr. ,rood moved that Council concur in the recommemlation of t~ City 5D~nager ar~ ~offered the following Resolution: ('~5056)~r -~' KESOLUTICN grantin~ a permit to the Roanoke Gas Light Company to ivinstall a gas main in ~'atton Avenue N '~ · *~e, proximate ly 350 feet to dead end. from 5th Street Jest to house //529, ap- ( For full text of Resolution see Ordinance Book No. 9, page 121). I'~tr. :'Jood moved the adoption of the Resolution. The motion was seconded by Mr. '.'finn and adopted by the following vote: AYES: Lm'.essrs. Bear, Powell, ,;inn, ::;cod, and tbs President, Mr. Small--5. ~LAYS: None .... 0. CROSS-OVER: Application from Radio Station :.FDBJ by B. F. Parrott for permit to construct a concrete cross-over at 122 Kirk Avenue $. W., was before Council, the City ..anager recommending that the request be granted, Mr. Bear moved that Council concur in thc reco?'iue:~tion of the City manager offered the following Resolution: (~5057) A RESOLUTION grantin5 a per~.it to Radio Station 'JDBJ to construct a iconcrete cross-over to accommodate their property at 122 Kirk Avenue, S. ( For full text of Resolution see Ordinance Book No. 9, page 121). I~. Bear moved the adoption of the Resolution. i' !Iff. Powell and adopted by the follow~ng vote: The motion was seconied by AYES-Messrs. Bear, Powell, Winn, Wood, and the President, Mr. Small--5. NAYS: None .... 0. P~_R~T-TV~.~IER ASSOCIATION-FI~ MILK FUND: A communication from the Central '~Council, Parent-Teacher issocSation, expressing its gratitude and appreciation for .'.Council's action in supplementing its appropriation to the Free ~ilk Fund, was ~:before Council. The communication is filed. SAFETY-C0hrFER_~WNCE-CHAi'.~ER OF C0;¥~RCE: A communication from the Roamoke Chamber of Commerce, acknowledging receipt of communication advising that Council will Virginia Roanoke on May 11-12, State-Wide A~nual The appropriate .~300,00 ^ toward the expenses of the Third Safety Conference to be held in ~communication is filed. was before Council. ~STINGS COORT-CI~I~2: A comnmmicatio~ from ~. L. Almond, .~r., ~udge of the Hustings Spessard, Cour~m together with bill amounting to $15.00, rendered by Dr. Thomas N. in the case of Max Q. Kelly tried in his Cour~ on charge of insanity, and advising the same is not a proper charge to the State, was before Council. The City Att. orney having concurred in the facts as stated, Mr. Bear moved that the bill be transmitted to the Auditor for payment from funds already appropriated and in the Budget for the present fiscal year. The motion was seconded by Mr. Winn and unanimously adopted. STATE CORP0tL~TION COL~.~ISSION-ROANOKE STREET RAILWAY C0~PANY: The President, Mr. Small, brought to the attention of Council three notices of applications filed by the Roanoke Railway and Electric Company before the State. Corporation Commission for certificates of Public Conveniexce and Necessity for baring on same to be held in Richmond at 10:00 o'clock a. m., on Januery 21, 1937, and raised the question as to the reason for the notices being, filed in the name of the Roanoke Railway and Electric Company instead of t~ -Safety Motor Transit Corporation. At the suggestion of ~.~r. Bear, the President appointed a committee composed of ~iessrs. Bear, Wood and the City ~nager to confer with the local officers of t~e Street Railway Company and the Safety ~.otor Transit Corporation, and to report to Council at its next meeting on ~,~ionday, January 18th. ROANOK~ SCHOOL BOARD: ~r. J. S. ~cDonald, Clerk of the Roamoke City School Board, appeared before Council and presented letter advis ins that although the matter of use of the Auditorium on the second floor of the School Administration Building for! office space has not been formally presented to the School Board, the Chairman and the Superintendent are of the opinion the use of the space will not interfere in any way with the School Administration and will doubtless be satisfactory to the School Board. The communication is filed. ROANOKE R'AIL:~-'iY ~TND F. IfECTRIC C0~'[PANY: A communication from ~, R. C. Hoffma_n, Jr., President of tt~ Roanoke Railway and Electric Company, with reference to substituting street car~ service on Franklin Road with bus service, was before Council, the Railway Company advising that inasmuch as the change of service is recuested by the City, any expose of removing or covering existing rails will have to be borne by the City. In this connection the committee heretofore appointed for conference with the ~ Street Railway Company is also appointed for conference with the Railway Corn!tony on' this question and to submit report and recommendation to Council. LICENSE: Communication from ..'.;ir. Charles D. Fox, Jr., Attorney for Loan Companies, asking that he be permitted to appear before Council in the interest of reduction in license for his clients, was before Council. The City Clerk is directed to acknowledge receipt of the conmunication and to advise l.~lr. Fox that Council holds its regular meetings every l,~onday at 2:00 o'clocki p. m., and the body will be glad to hear him at any time he cares to appear. .~. 0RTS OF OFFICERS' REPORT CITY ~AN-AGE~. The City ~anager submitted report with reference to installation of street lights on 21~ Street, between Patterson Avenue anl Shaffer'sl Crossing. (See report in office of City Clerk.) Mr. Winn moving that Council concur in the recommendation of the City i','..ana ge r, which motion was seconded by withdrew his motion and the City !~ianager was and the question discussed scmewhat in detail, after which ~,'..'.r. Winn directed to further investigate .! 4'0.1 lighting of this street with the Appalachian Electric Power Company and the Norfolk and .'/eetern Railway 0ompany, with a view of fewer installations and less cost to City. STREET LIGHTS: The City ~ianager recommends the installation of 1 - 250 C. P. street light on Spring Road approximately 500 feet North of Woodlawn Averse, and 1 - 100 C. P. street light on Campbell Avenue and 8th Street, S. ,V., whereupon, ~dr. ?[inn offered the following Resolution: (~5058) A RESOLUTION to install 1 - 250 C. P. Street Light on Spring Road approximately 500 feet North of ':foodlawn Avenue, and 1- 100 C. P. Street Light on Campbell Avenue and 8th Street, S. W. ( For full text of Resolu%ion see Ordinance Book No. 9, page 122 , ). :/-r..'Jinn moved the adoption of the Resolution.. The motion was seconded by Mr. '.:food and adopted by the following vote: AYES: l[essrs. Bear, Powell, ,'Jinn, ,7ood, and the President, Mr. b~nall---5. NAYS: None---0. At:Y'OINTU,~i~S-HF~'~LT.'-i DEPART:.[ENT: The City :..anager reported the appointm~t of Dr. Hal C. Davis, Physician for the Venereal DiseaSe Clinic, effective January 6, 1937, to fill the vacancy created by the death of Dr. George D. Johnson. The report is filed. CI'~A' ~.~AoUR~R:~ ~ i,~r. C. ~:~. Kennett, City Treasurer, submitted report for the month of December, 1936, showing total collections of $402,166.82 as cc~pared with collections of .~411,28.4.73 for the month of December, 1935. The report is filed. b%? ]I~ISI.~D '~TqTTJ,~qQ ~. ~_...~: None. LEACJJE OF VIRGINIA ?..LUfICIPALITIES: An invoice from the League of Virginia L~.unicipalities covering annual membership dues in the League for ttB year 19~?, i amounting to $1,050.00, was before Council. The bill is referred to the .Budget Committee for consideration and preparation 'of the Budget. BUDGET-ELECTIONS: The City Clerk brought to the attention of Council a request ~ fr~n the City Auditor for supplementary appropriation of $539.00 for cost of elec- tions in order that expenses incident to the referendum held on January 9, 1937, might be paid. The Oity 01erk is directed to request the City Auditor to submit itemized statement for the ~200.00 item included in his request, and to prepare proper amendment to Ordinance authorizing the supplementary appropriation. oWJDGET-CITY COUT~CIL: The City Clerk brought to the attention of Council a requ~ st from the City Auditor for transfer of $2,000.00 appropriated for codifying Ordinances to "Publisking Ordinances and Reports," in order that bill for printing '~ the Traffic Ordinance, the amendment to the License Ordinance, for publishing ?advertisement relative to the election on the ouestion of condemnation of the ~water company, might be paid. The City Clerk is directed to ascertain the amount necessary for payment of ,~the invoices in cuestion and to prepare an amendment to the Ordinance transferring ~.such amount only, for further consideration of Council at its next regular meeting. ~'. ireading at 'a previous meeting, was again before the body, i.~r. ,~ood offering the [following for its second reading: ~ , INTRODUCTION _,':I'~ CONS IDEP~TI ON OF O~D ,_,'.,a~,CEo A!~ RES 0LUTIONS: FI~,J0~S: Ordin~ce lm!O. 50549 having been read before Council for its first {~5054} AN ORDINANCE prohibiting tM exhibition of fire~rks or explosion of other like articles in the City of Roanoke, and providing penalty for violation thereof. ( For full text of Ordln~ance see Ordinance Book No. 9, page 1E0 ~). ~.ir. ',~ood moved the adoption of tho Ordina~ ce. The motion was seconded by ~:'~r. Powell and adot~ted by the following vote: AYES: l.,'.essrs. Bear, NAYS: None---0. Powell, Jinn, Jood, and the i~resident, ;.'r. Small---5. LiOTIONS AND !,iI.DCELL.:[?[EOUS LKIS ~'[ESS: FII~JORKS: The City Clerk brou~.~ht to the attention of Council Resolution No.5051, providln~ for the appointment of a Committee to confer with tb~ Board of Supervisors, the CounCil of the ~own of Vinton, and the C~uncil of the Town of l;alem, for regulation and control of fireworks; whereupon, the President,.~. S~nll appointed ~,.essrs..,~...'r. "Jood and , .... . Powell as the CorJnittee to confer as directedl and to report back to Council. TAXES: ,"'he Citv Clerk brcu,~ht to the attention of Council ~qesolution No. 5049, providin~ for the appointment of City officials to confer v~th offi~cers of public utilities on the question of deter~..ining what should be classed as real estate for pa',,~.,ent of taxes.Drier to Larch 31st; whereupon, the ~resid~t, :',:r. Small, appointed_ the entire membership of Council to constitute the Co~.~mittee, the City Clerk being directed to advise public' utilities and ¢ity officials interested accordingly. ELECTTM-.~.o: The ~ity ,~"lerk brought to the attention of Council Certificate of Canvassers appointed by the Electoral Board to take the sense of th~ freehold voters.~ on the question of issuing bonds for purchase of parks; whereupon, i..':_r. Bear moved that th~ following certificate and report be spread upon the minutes of Council: "CERTIFICATE OF C.'ii'~'ASSERS "'.'re, the undersigned Canvassers o~ election, appointed by the Electoral Board of the City of Roanoke, pursuant to an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 27th day of November, 1936, to take the sense of the freehold voters on the question of endorsing the following Ordinance: "AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke to take the sense of the freehold voters on the question of endorsing an Ordinance providing for the issuing of bonds for the purchase of land by said City for Public Parks", do hereby certify that at an election held on the 9th day of January, 1937, votes were cast as follows: Park Bond Issue ___ For Ordinance 991 Against Ordinance ?5O GIVEN under our hands this llth day of Jan~ry, 1937. ATTEST: (Signed) J. RA]2ZOND PACE K. S. ATKINSON T. D. HOBART, JR. W. M. SHICKEL W. V. GBE~0~Y L. D. JA~.'~S, City Clerk." ,,I, L. D. James, Clerk of the Council for the City of Roanoke, Virginia, do hereby certify that the attached is a true and correst copy of the abstract of votes cast at ~he Special Election held on the 9th day of January, 1937, as certified, sighted and attested according to law. (Signed) L. D. J~S, Clerk of Council." ~he motion was seconded by Mr. Winn and unanimously adopted. 403 404 ELECTIONS.. The City Clerk brought to the attention of Council Certificate of Canvassers appointed by the Electoral Board to take the sense of the freehold voters on the question of Ordinance providing for the condemnation of the ',~ater Works Company property; whereupon, Mr. Bear moved that the following certificate and repay' be spread upon the minutes of Council: "CERTIFICATE OF CANVASSERS We, the undersigned Canvassers of election, appointed by the Electoral Board of the City of Roanoke, pursuant to an 0rdl~uce adopted by the Council of the City of Roanoke, Virginia, on the 27th day of November, 1935, to take the sense of the freehold voters on the question of endorsing the following Ordinance: "AN ORDINANCE providing for an election for the submission to the freehold voters of tha City of Roanoke the question of approval of an Ordinance providing for tile condemnation by said City of the property of Roanoke ?later ~Iorks Company, a corporation, consisting of its water plant, works or system, tangible personal property, easements, lands and buildings with appurtenances thereto, and also all rights, privileges and franchises used and useful in supplying water to said Company's cust c~ners" do hereby certify that at an election held on the 9th day of January, 1937, votes were cast as follows: C 0h~DE?.NATION OF :'lATER PLiNT: For 0rdinam e 1537 Against Ordinance - 235 GIVF~N under our hands this llth day of January, 1937. J. P~%~'~0ND P.~CE K. S. ATKINSON T. D. HOBART, JR. '!~. M. SHICKEL ?I. V. GREGORY ATTEST: L. D. J~,~S, City Clerk. ,, 'i, L. D. Janes, Clerk of the Council for the City of Roanoke, Virginia, do hereby certify that the attached is a true and correct copy of the abstract of votes cast at the Special Elect. ion held on the 9th d~v of January, 1937, as certified, sigmed and attested according to law. (Signed) L. D. J~S, Clerk of Council." The motion was seconded by ~' ~.~.~r. Uinn and unanimously adopted. TP~&FFIC-PUBLIC SAFETY_: l~r. Bear offered the following Resolution: (#505~) A RESOLUTION authorizing the appointment of a Committee fr~n Council ~ to consider the establishment of a Public Safet;y Delmrtm~nt. ( For full text of Resolution see Ordinance Book No. 9, page 122_ ). Mr. Bear moved the adoption of tbs Resolution. The motion was seconded by Mr. Winn, with the comment that tha Resolution has for its purpose the same thought he had in mind when he introduced an 0rdin rice for the creation of such a department in September, 1935. The Resolution was adopted by the following vote: AYES: Messrs. Bear, Powell, ~?inn, Wood, and the President, Mr. Small--5. Small, appointed Messrs James A. Bear and H. S J~inB. . STREET 'JID~ IN~: The City Manager brought to the attent ion of Counc il from Whaley Brothers to sell to the City strip of land for i a t corner of Campbell Avenue ~_nd S~xth Street, in exchange construction at a cost of The City Manager is directed to consummate negotiations, that the ne~essa~r strip of land will be acquired by deed at a consideration of NAYS: Non e ..... 0. Tb serve as the committee provided for in this R~solution, the President, ~ I an offe it being understood street widening purposes for curb and gutter $82.65 end the check for same will be turned over to the City in payment for curb end gutter construction. BONDS FOR E~.PLOYEES: The City .',..~nager recommended -tho bonding of R. J. Du~ahoe, ~r., Mana~sr of the Eunicipal Airport, in the sum of $1,000,00. The City Clerk is directed to confer with the bonding cempany ar~ have Mr. Donahoe,s name placed on the blanket bond in the amount of ~1,000.00 as rec~mnended,:. MUNICIPAL ~LIRPORT: The City ~nager reported he would bring before Council at its next regular meeting a schedule of chsrges for use of the hangar at the Municipal Airport for approval of Council. INoWJR.,INCE: The City Manger brought to the attention of Council the question i of insurance on City property and after a discussion of the question and Council being advised that a report on the subject has been prepared by ~'..r. Stockdell at th~ direction of the City L:anager, the City Manager is directed to have Mr. Stockdell appear before Council at its next meeting for a discussion of the question. LICENSE: 'fith the unanimous approval of Council, tM President directed the City Clerk to communicate with the Com.~nissioner of Revenue and ask that he advise t ' when the delinquent licenses due by Barron O. Collier, Incorporated, have been paid' :~fPA-NURSERY: The President, Idr. Small, drought to the attention of Council con-.. ferance with a delegation of colored people who have been contrfbuting to the s~ppo~,t of the colored Nursery Schools, asking that Council give assistance to the group who has been supporting the I~[ursery School, and are no'.,v contributing to the CommunitY ~ndo After a discussion of the question and Council being sympathic in the request, but there appearing to be no funds available in the Department of l-'ublic ~,'Jelfare, the City Clerk was directed to address a communication to the Executive Secretary of the Community Fund, advising that the request has come before Council for funds for ix~'ursery Schools, both white and colored, that the s~hools find themselves short '.~ of public finane£al support, due to ti-to reorganization of tl~ Community Fund., and Council is disposed to consider their request for the interim period until the next; Community Fund campaign and might be inclined to provide funds for t?~ calendar yesr. 1937 with the understanding if they do so the Community Fund would take over and include these ?'.~-ursery Schools in its drive for funds for the calendar year 1938, and to ask the Executive ~ecr.etary to appear before Council at its next meeting for! a discussion of the question. STREET SIGNS: The President, ~:.~r. S~.all, brought to the attention of the City~ lf. anager the need for a stop sign imrr,.edia~6ely 3outh of Yellow l.lounta~'t Road at the intersection of Third 3treet. ROAN0. KZ ~A'ISg-R ~ORKS CO},~.~/'-PA.~S 2-~q-D _r-T&YC~I~UNDS: Council hay ing been official- ly advised by Certificate of Commissioners that referendum held on Jannary 9th authorizes Council to proceed with condemnation of th$ ',Jater '.~Jorks Company as well as the isstunce of bonds for L'ou..-.'cna''~-,:e of land for park pm-poses, the question o~_ what policy Council desires to pursue was discussed, it being the consensus of opint that no time should be lost in peoceeding. At the suggestion of the President and with ~he unsnimous approval of Council, the City ~':anager is directed to bring before the body the names of four nationally known reputable engineering firms, one of whom shall be the name of Burns and McDormell Engineerin~g Company, who in his judgment have the engineering facilities to fully and completely inspect the Carvin's Cove project, and to make a complete engineering appraisal and report so that Council may enter into negotiations to ¸on 405 406 determine the cost of the inspection of Carvin's Cove in its re_l_stion to a future water supply for Roanoke and whether it can be practically end fUlly utilized for the purpose it was originally built. The City Attorney is directed to proceed with preparation and examination of titles to proper~y proposed to be purchased for park purposes, deeds for which are to be submitted by the owners, payment to be mede fr~n the bond issue voted on January 9th, upon delivery of good and sufficient title approved by th~ City Attornc The City Clerk is directed to direct a communication to the owners of the property advising accordingly. The City Clerk is also directed to negotiate and secure prices for the printin of the bonds approved by the freeholders. The City Attorney brought to th~ attention of Council the necessity, or th~ iadvlsability, of employinE assistance in the prosecution of tl~ condemnation of :the water property, it being his opinion that one mn should not be required to assume the entire responsibility of a case involving several million dollars, and ~whlle he is willing to do the work, assistance should be furnished to avoid the 'possibility of any criticism of the outcome. He is directed to recGnmend to Co'~ucil assistance needed and name of attorney desired for this special work. The next question 0efore Council in connection with the condemnation as provid~ ed ,for in the 0rdir~nce was the ~lectlon of the Court in which th~ case would be i~**-'~_~.ed, and after a discussion of the .matter and it bein~ the opinion that the Hustings :Court docket is usually crowded, that the Circuit Court Judge is not always readily available, it was the reccmme~:tdation of tl~ City Atto_mey and the unanimous opinion of Council the proceedings should be entered in the Law and Chancery Court and the ~City Attorney is directed to proceed accordingly. L~.VE 0F ABSENCE: .~dr. ~/inn brought to tl~ attention of Council a verbal order :from his physician that he take a v~ cation for the improvement of his health, ad- .vising that he would possibly be out of the City until ~arch 15th or April 1st, and asked that Council grant him a leave of absence; whereupon, ~'r. '~'~ood offered the following Resolution: !. (#5060) 2~ RESOLUTION granting Councilman H. S. ~.~inn a leave of eb sence for ~$1 five consecutive regular meetings of Council in accordance with Section 11 of the City Charter. ( For full text of Resolution see Ordinance Book No. 9, page 122 ). ~tr. ~7ood moved the adoption of the Resolution. The motion was seconded by ~,.tr. Bear and adopted by the following vote: ~.YES: Diessrs. Bear, Powell, :Vood, NAYS: None .... 0. and the President, NOT VOTING: Mr. ,Uinn--1. o~,~wc,~ ~YATER UOiLKS C0!~Ah~F: Attention was directed to a quart of alleged water furni~.hed~ by the Roanoke ~.'Jater Works Company, taken from ?03 Jafra. son Avenue, S. E., at 3:30 o'clock p. m., Saturday, January 9, 1937, by ','l. B. McPherson, the City Clerk bein~ directed to place sa.me in his office for inspection of those ~nteres ted. There being no further business, on motion of l~r. Bear, Council adjourned. LIGHTING: After adjournment Council discussed informally the question of renewing contract with the Appalachian Electric Power Compan~ for street lights and the use of electricity by the municipality generally, the President, Mr, Small, advising that. he has been able to reach a tentative agreement with the Power Company subject to approval both by Council and officers of th~ Power Company, providing for a five year contract for street lighting at the same unit cost as previou~y assesse~, and a flat rate of 2¢ per E~,Wt for other energy used, and a rate of $50,00 per unit for the new sodium vapor lights, with the further understanding that should com- mercial rates be reduced below 2¢ per I~,~I in the City during the life of the con- tract, the municipality would also enjoy tM benefit of such reduction, the approxi-: mate saving to tM City being $?,250.00 per annum or approximately $36,000.00 for the term of the five year contract. After a discussion of t.be question, it was the unanimous opinion of Council that the President and the City L,ianager be desi~.~nated to work out the details with the Power Company, with the understanding that upon submission of contrsct in ac- cordance with the provisions as outlined by th~ ~!ayor, Council would approve same. APPROVED ATTES .~~/ /~ 407 408 COUNCIL, Monday, BE ClIIAR ME. ETING, J~uary 18, 1937. The Council of t~ City of Roanoke met in regular meeting in the Circuit Cour$ Room in t~ Municipal Building, Monday, January 18, 1937, at 2:00 o'clock p. m., ~ the m~lar meeting hour. PRES~.rT: Messrs. Bear, Powell, ;~ood, and th~ President, Mr. Small--4. .ABSEUT: Mr. ,1inn .... 1. (Leave of absence). The Pres i de nt, ~r. Sma 11, pre siding. 0F~ICERS PRES~.'T: L!r. ::t. P. Hunter, City Uanager, and Mr. C. E. Hunter, City _.-\t t o rney. I.iI?~TES: It appearing that a copy of the min',~tes of the previous meeting havln been i'~rnlshed each member of Council, upon motion of L~r. Bear, seconded by ;'food, the readinM is dispensed with, and the minutes a_rproved as recorded. HE~RING OF CITIZENS Tr :..: TTF~RS: L!C~--~,!SE: i,~r. C. D. Garland appeared before Council and asked ~hat Section 133 of the License Code, p~ovidin.~ for a license of $50.00 for storage business, be · ~nended to permit cleaners and dyers to operate such a business in connection with re~.alar dry cleanin~ business without additional license. The question ;ms discussed somewhat at length, it being the consensus of opinion of Council that the license'as in~osed is probably an injustice and should be cdr- rected, i.;r. Garland beinu assured that tl~ trotter wculd be brought to t~ attention of Council for such revision for the lice~e period of 1938, but it would be both difficult and es tab l is hinE a bad precedent to make the correction retroactive for ~t the calendar year 1937, particularly in view of th~ fact that th~ License Code has a!ready been adopted for the year 1937. There bein~ some difference of opinion as to ,:fl~ether or not the License Code shou~ be ~rre.ncl. ed ~t this time, ."'.~r. '.~ar moved that Section 13,~ of the License Code, dealin~ with storage, be amended to relieve cleaners, dyers ~ud ~ressers of paying the license when operated in connection with such business. There being no second to the motion, the City Clerk is directed to make proper record and bring sam~. be- fore Council for revision of the section in question when consideration of the 19~8 ~ License is considered by Council. Z~TING: i.~r. C. :'~'. Francis, Jr., Agent for F. E. Graves, owner of Virginia !. i..College property, appeared b~fore Council and asked thmt a small portion of property as per sketch submitted be re-zoned fran General Residence to Special residence, Mr Graves intention being to demolish the present Virginia College buildings and to .erect a new semi-fireproof apartment building. The request is received and referred ~o the Board of Zoning Appeals for invest gation, report and recommendation. WPA-I,UJRSERY-C0}~._IRIITY ~JhrD: At the invitation of Council, i¥~. Thornton ~;ilcox, Executive Secretary of the Roanoke Community Fund, appeared before the body in con- ~nection with request for fUnds by organizations interested in nursery schools, to !assist in defraying expenses, Mr. T~ilcox advising tha~ inasmuch as the nursery ~schools are "JP:~ projects, the original rules and re~plations providing that the ,.sponsorship should be the Board of Education, and inasnnch as his orgsnization does .not come within tt~ Federal reign]orions for authorized sponsorship, it wculd not be proper for the Community D~nd to undertake contributions for the operation of the sc heels. After a further discussion of the question and communications from the ',~oman's Club of Roanoke, the Grandin Court Garden Club, the Phllanthrophy Committee of the Roanoke '.'roman's Club, the Virginia Heights-Raleigh Court Civic Lea~e, and Mrs. N. K. Franklin coming before COuncil, Mr. Powell moved that the question be referre, to t~ Department of Public 7telfare through the City Mana~r, for investigation, report and recommendation to Council for the proper handling of th~ subject for Council's further constieratlon, and tM City Clerk be directed to ackno':~[edge receipt of the communi~tion advising Council's disposition of same and suggesting that the writers might confer with the Public .'lelfare Department with a view of furnishing such information as might be pertinent to the subject. seconded by ~'.fr. ','food and unanimously ad~pted. The motion was DELIN UEI~ T.~X D:,~PJ~?~I.~ii.]~: ~,~. M. J. Scruggs, Delinquent Tax Collector, appeared before Council and presented report of collections for tho quarter from October 1st to December 31st, being collected by the Delinquent Tax Office. showin~ total delinquent taxes collected as ,,~37,426.14, .'j34,771.84 The Delincuent Tax Collector is requested to furnish Council gu_mary of all collections for the calendar year 1936. .,:~:.~J ..i{D D~E~LT~S: ],'~r " .v Sc~~ the De lineuent Tax Collector, before Council in connection :?ith request for refund to t!~ :Jountain Trust Bank in the sum of ,$62.32 covering interest on delinquent taxes paid on Lot 7, Block 2, Bungalow .;~ddition, for the year 1931. In this connection, a memorandum w~Is presented to Council advisin.~ that the request had been checked by the Auditor's office, :.-ho advises the discrepancy is the result of original o':ruer givinz a "bad" check for taxes and the penalty is a proper charge ~nd should not be refunded. It was the opinion of the Delinquent Tax Collector that tr~ refund should be ::~ made; .whereupon, the City Clerk is directed to prepare proper Resolution and bring before Council at its next renu!ar meetin~ for further consideration. ~i PET!TI°''?':~,..~ ~ND C 0~,EJJIUICATIONS: the City ...anaoer recommending that the permit be granted. l.!r. Woom moved that Council concur and offered the following Resolution: (F5061}~.' -~~-~Wr'°aT~mYOT'i. grantin~ a permit to Roanoke Uater :';orks Company to construct concrete cross-over to accommodate No. 21 Norfolk --Lvenue, East. ( For full text of Resolution see Ordinance Book No. 9, pa~ 123 ). Mr. :local moved ti-~ adoption of the Resolution. ?owell and adopted by the follow, lng vote: AYES: ..".~essrs. Bear, ?owell, i~ood, and tha President, llr. Small--4. NAYS: None .... 0. ( l~?~r. Winn havinE a leave of absence). CROSS-0~R: An application from tt~ Home Dealers, Incorporated, for permit to construct cross-over to accommodate property on the North side of 'Jells Avenue, 200 feet East of Third Street, knol.m as No. 520, was before Council, the City CR0$Z-0\~ER: A ~quest from the Roanoke :later Works Company for p eN~...it to con- pr op erty struct cross-over to acc o~m_odat~ at No. E1 Morfolk-Lvenue, East, :'ms before ~ouncil, in the recommendation of the City l,~nager The motion was seconded by M2 Manager recom~nending that the permit be granted. Mr. Bear moved that Council concur in the recommerdation cf tho City I.~rm~r and offered the following Resolution: 409 410 (~5062) A RES~LUTION granting a permit to Home Dealers, Incorporated~ to construct a concrete cross-over to accommodate lot on the Northside of ;'fells Avenue 200 feet East of Third Street, on which is located building No. 320. ( For full text of Resolution see Ordinance Book No. 9, page 123 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded By Mr. -Wood and adopted by the following vote: Messrs. Bear, Fowell, .'Jood, and the Presider, :dr. Small--4. NAYS: None .... 0. RZ~,IDS .:2~D RZ~\IES: Copy of communication from ttm Board of Zoning Appeals wit reference to recuest of J. S. Firestone for refund of $5.00 paid as fee for ad- vertisinE appeal before the Board of Zoning Appeals ,~nd not published was before Council. The City Clerk is directed to prepare proper Resolution for furtt~er considera- tion of Council at its next regular meet in~. LICENSE: A communication from Mr. C. E. Hunter, City Attorney, with reference letter received from .:. D. Christian of Christian, Barton & Parker, Attorneys of ~Ricbmond, Virginia, '.vith reference to license imposed on Title Guaranty Companies, recengly' increased from .}100.00 to q)l,O00.O0, '..-'.as before Council and discussed, it beinM the contention of tbs Attorney for the Lav~ers Title Insurance Corporation ~operatin9 in the Cit?: of Roanoke, such business is exempt from license. There beinu a difference of opinion as to whether or not the license should be reduced, it was sucgested that representatives of the Lawyers Title Insurance :Co_mporation be invited to appear before Council at its next regular meeting on for a discussion of t,he ouestion; whereupon, i:..r. Bear stated i:ionday, Janua~y 5th, _ if such a notion ::'as to be oTfered he would move that consideration of the subject be postponed until the following Monday, February 1, 1937. After attention was called to tt~e fact that the penalty goes on all' licenses after January 31st, i.lr. Wood moved that the City Attorney be directed to ccrmnunicate with A. D. Christian, :kttorney, and the. local office in Roanoke, requesting their appearance before Council on ifonday, January 25th, at which time all parties in- terested z:ay appear before the body for a discussion of the question. The motion was seconded by L:r. Powell. Bear moved that the motion be amended and the hearing be held on February 1st. L:r. Bear's motion receivin~ no second, the ori~inal motion was adopted by the ii ,: following vote: ! AYES: i.~essrs. ]lowell, '.'food, and tt~ President, ~.:r. o~all--3, i~ .. NAYS: i..'r, Bear 1. ' !, FIPJ~'.'JC~d~S: A communication from Mr. :7. Frank Chapman, Clerk of the Town of .Salem, addressed jointly to the Clerk of the Board of Supervisors of Roanoke County, Clerk of the Council of the City of Roanoke, and Clerk of th~ Council of the Town of Vinton, embodying a Resolution asking that a meeting be held fo~ the purpose of drafting proper Ordinance prohibiting altogether or drastically regulat- L ~ing.the sale and shooting of fireworks within Roanoke County, and suggesting that !!the meeting be held at 4:00 o'clock p. m., Friday, Jsnuary 22, 1937, in the Council ,.C~h~..mber of the Tovm of Salem, was before Co~_mcil. The City Clerk is directed to acknowledge receipt of the communication .~to advise that Messrs. J..'~. Wood and W. M. Powell have been appointed as a from Roanoke, the Clerk being further directed to fuxnish the committee with copies icl 0rd~uances recently passed by Council relative to the subject in question. INSURANCE: At the invitation of Council, through the City ~tanager, ~r. Clarenc L. 3tockdell appeared before Council and explained in detail the analysis of survey made of insurance on property owned by the City of Roanoke, it be~n~ his belief that if the insurance is placed in accordance with schedule outlined the City would affec' ~ saving in its insurance and at the same time have e better and more thorough coverlLge of all p~perties. Mr. Stockdell advised Council that the next step in completin~ the survey v~uld be to obtain blanket rates from the Virginia Inspection and Rating Bu~au, and while ordinarly these rates are necessarily obtained through individual agencies for private corporations, the City is privileged to make application direct; whereupon, 'I..~. Powell moved that th~ City ~o:anager be directed to apply to the Virginia Inspec~ tion and Rating Bureau for blanket rates upon municipal property for the City of Roanoke, and report back to Council with recommendation for proper fire insurance coverage on all municipal properties owned by the City of Roanoke, exceptive of scho,~l properties, with a further recommendation as to the distribution of the insurance by the stock ~nd mutual companies· The motion was seconded by ~,~r Bear and unanimously adopted B0~S-i'A~S _'~D PI.'~YGROUNBS: The City Clerk brcnEht to tb~ attention of Council .various communications fro~ Bondin-~ Companies who ~have signified their interest in purchasin~ the bonds recently authorized for parks and play~rounds purposes. In this connection he brought to the attention of Council the question of whether or not it is Council's desire to obtain a legal opinion from both Attorneys for t.b~ parks bonds before sane are printed. After a discussion of the question, and it bein~ the opinion of Council that the ~48,000.00 ~orth of bonds will be purchased by the SinkinE Fund, it was the unanimous opinion that a legal ruling .would not be neeessa~ and the City Clerk is directed to proceed with the printing of the bonds accordingly. RE,CRT.; C,F ©FFICERS: RE~0RT CF ~,U~_~ CiTY ~..Z'~A~R: The Cit?? ~Zanager submitted report of work accom- plished and expenditures for week ending December ~1, 19~, showing cost of garbage removal as silty-five cents .per cubic yard. The report is filed. ,. R0~'d',IOKE HOS?IT:~L: The City ~anager submitted report of patients treated at the Roanoke Hospital for the month of December, 193~, showing 19~ days' trea~.ent at a cost of ~58B 00, as compared ~.~ith ~ days' treat~.ent for the sa~.~e month in 1935 at a cost of ~86~.00, there beinE a credit balance as of January 1st, of $11.90~ The re port is filed. ~WJR~ ~ ~,~-..,.._0.~i,,~L,~ r ' H0o~:~_T~L:~ ~ r ' The City i.:anaEer subndtted report of the Burrel! · . Lremorial Hospital of patients ~reated, shoT.~ing 188 daTs,~ treatment for month of' Dec. i:at ti~56~.00, as compared with lB6 days' treatment at a cost of ~98.0¢~ for December The report is filed, RO.~NOI~ ~A~ZR .~0?d'~ CC~.~'~'~Y: Ls requested at the last meeting of C~ncil the CitM ~.~anager submitted report sho-.vin~ the fo!lo:'~in~ names of nationally known reputable engineerinz firms, who in his judgment have the engineering facilities to fully and completely inspect Carvin's Cove project, and make a complete engineer-~ in~ appraisal and report to Council ?ith a vie~'~ of dete_v~ninin~ '~vhether it can be practically and fully utilized as a source of ,:~ater supply for t!~ City of Roc~uoke. 411. a cost 412 Burns & McDonnell Engineering Compar~v, F~nsas City, Idetcalf & Eddy, Engineers Statler Bldg, Bost on, M_~_ss. Fuller & l,~cClintoek, Engineers 11 t:ark ~lace, New York City Chester, Campbell, Davis ~: Baukson, Engineers, 130-?th St. Pittsburgh, P: Wiley Wilson Lunchburg~ Virglniu On motion of ~'ir. Bear, the City .~,lanager is d lre~ted to communicate with the fir~ listed, askin~ that they furnish an estimate of thc cost of a survey and report of the Carvin's Cove facilities, and the length of time required to ~nke the survey. The motion 'vas seconded by ,.'dr. '.';~od and unanimously adopted. AIY~POET: The ,City Liauager submitted report showinE proposed schedule of charges · t.o !~ put in effect at the L(unicipal Airport~ coverin~'~ storage and other services. In this connection, L':r. i{. ~. Dunahue, Jr., appeared before Council and made certain suggestions of rates, it bein,.z his opinion that sm.ne should be placed as lo:," as possible, which would permit a sreater number planes ope-~'~tinE from the Airport, .uith a viow of deriving profit from sale of ff~soline ~.'.~hich would more than .~et any r~duction in other r~tes. In this connection, the City luditor presented communication and report showing i accountin~ ~stem installed at the .'.irport for accountability of revenues and i disbursenents. After a discussion of the question in its various phases, the report as submit- ted is referred bac". ~. t.~ t!~ ~'~'~.. '~anager for further discussion with L~r. Dunahue, and the City Auditor, with a view of revisin.~ the report for further consideration :of Council at its next regular meeting. Ci~f AUDITOR: The City Auditor's attention '.vas attracted to '~.~ practice of revisin2 Budget estimates as sho',?n by his December monthly report, he being directed to z~ke no changes in the estimates during the fiscal period. f~F0~.~T,~i~-CITY ?,_~.~ER' S C~ICE: The City !2anager reported the appointment __ . ~. ,,oodson, gr., as Clerk in the City L:anager's office, effective ~anuary ~ crest ....by appointment of %~lr. R B i.~oss as ~urchas~ngl, :.16, 1937, to fill the vacancy - ~ · ~A~ent. The report is filed. ~?,,T~T ~' ~-~ ~ ~ . ~=._ ~-_,=,=..~..~: Rep~,rt from the Health Department f~ the month of Decenber, 1936, :vas before Council. The report is filed. R~=~:._ ~LIL'.VAY .-'~.TfD ET_~.OTi~.~TC ~'~:~'.~f' The committee previously appointed from ~Council to confer .with the Roanoke Railway and Electric Company, submitted the ~fo!lowing report: !"To the City Council, Roan oke, Va. "Gentlemen: "R~anoke, Virginia, January 18, 1937. "Regarding the Roanoke Railv~ay & Electric Company's applications before the State Corporation Commission, which is to be heard at 10:00 a. m., January 21, 1937, for a permit to operate a bus from Roanoke to Hollins, Va., from Roanoke to Prospect Hill and from Roanoke to Colonial Heights. ,~ "Your committee has discussed this matter with Mr. W. H. Horn, M, anager of '~iithe Roanoke RailuTay & Electric Company, and we see no objection to the establishment !of t?~ proposed bus routes as outlined in tie applications presented to the State iCorporation Commission. ( Signed ) As a supplement, Respectfully submitted: Jas. A. Bear, Councilma_~_ Walter W. Wood,Councilman '.7. P. Hunter, City Manager." i.2r. Bear, Chairman of t_he Connnittee, reported that the Committe~ iidid not think it advisable-at this time to take any action on the removal of the l~.street car tracks on Franklin Road, which report was con,fred in by other members of the Committee, During a discussion of the report as to w~v applications for operation of busses are made in the name of the Roanoke Railway and Electric Company instead of the Safety Motor Transit Corporation, Council wa..~ advised that the Safety Motor Transit Corporation has no franchise to operate in the county and as a result the three percent franchise tax is not paid on routes originating in th~ City into the County. It was brought to the attention of Council that a seat mile tax is provided for in Ordinance No, 4694 for all passenger motor vehicle cars operat lng without a franchise in the City of Roanoke, the committee amending its report to the extent of recommending that the said seat mile tax be collected; whereupon, Mr. Powell. moved the adoption of the report and recommendation of the Committee. The motion was seconded by :'ir. Bear and unanimously adopted. UNFl~I1:5.~ED HUSIkrS SS: Non e. CONSIDERATION OF CL%I.V..S: None. INT2ODYCTI ON ~ID C ~.~S '"~'"'"' ' ,'r,-,- 0N ~,~-,.=_z . OF 0?=9/NA2fCES AND REJOLUTI01'.[S: ~UDGET-COST OF E!.ECT!0NS: The City Auditor having been requested to furnish itemized stata~..ent of cost of Special Election held on referendum on park bonds and condemnation proceedings, submitted statue, it app~rin.., that additional fUnds of $489 -. : .00 are necessary to pay for the cost of the election; ~:vhereupon, ~..r. Bear offered the following 0rdinance: ":~ "Cost of Elections" (~5063) _~LN ORDINANCE to amend and reenact Section ,~f,~7, , of an Ordinance adopted by the Council of the City of R~anoke, Virginia, on the 29t~ day of June, 19 36, No. 4860, and entitled, "An Ordinance ms_king appropriations for the fiscal year beginning July 1, 1936, and ending June 30, 1937". ( For full text of Ordinance see Ordinance Book No. 9, page 124 ). ~Lr. Bear moved the adoption of the Ordinance. The motion was seconded by Mr. 'f~ood and ad opted by the following vote: ~o. l,{essrs. Bear, Powell, .7cod, and th~ President, ]..Tr. Small--4. NAYS1 None ---0. BUDGET-CIViL :~'~ POLICE COURT: A communication frcE the Clerk of the Civil and Police Court, asking that th~ transfer of funds be made in the Budget in order tlmt 1936 Code of Virginia might be~ purchased, was before Council; whera~pon, Mr. Bear offered the following Ordinance: (/~5064) AN ORDINANCE to amend and reenact Section //13, "Civil and PoLice Court", of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 29th day of June, 1936, No, 4860, and entitled, "An 0rdin~ce making appropriations for the fiscai year beginning July !, 1936, and ending June 30, 1937". ( For full text of Ordinance see Ordinance Book No 9, page ~24) - . -- _ . Mr. Bear moved the adoption of th~ Ordinance. and adopted by the following vote: AYRES: l. Jessrs. Bear, Fowell, .:food, and t~ i'resident, }E~YS: None .... 0. The motion was seconded by Mr. Sma 11--4. REFU~IDS J'~!D R:_BATES: A communication from th~ Delinquent Tax Collector having previousfy been before Council, requesting refund of duplicate payment of t&xes by C. ~.-~ Austin, '. i£. Nelson, Jr., ~-d___ Termly. B. 7fitt, and referred to the City Clerk for verification, :vas again before Council, the City Clerk advising that tbs items have been checked .and found correct; whereupon, ~&r. Bear offered the following Resolution: 413 414 (~5065) A RESOLUTION to refund C. B. Austin $9.00 for duplicate l~yment of personal property taxes for the years 1928, 1929 and 1930. ( For full text of Resolution see Ordinance Book No. 9, page 12~. Mr. Bear moved tbs adoption of the Resolution. The motion was seconded by Mr. ':food and adopted by the followinq vote: · A~2o: !,'.essrs, Bear, Powell, 'flood, and NAYS: None .... 0. Pres ident, M..r. Small--4. M.r. Bear offered the follov;in~ Resolution: ' ~ ,' Ifh] TT~T~aT to refund A. .... (#5066) ~ .~ .... ~. " Nelson, Jr., ~8.75 coveri~ duplicate ';p~,-men~~ of ~eal estate taxes for t~ year 1927 on Lot 8, Section ~3, O~ndin Court Annex. ( For full toxt of Reso!uticn see Ordinance Book No. 9, page lg~. Bear moved the adoption of t]~ 2esolution, The motion was seconded by ,food and ad cm..ted. 'o.. '~ t~e.. fo~_lowing vote: AYES: .'.,:essrs. Bohr, -owell, ' ~'z ' ~'~ Small--4. food, and t!~ ,-re o z.en~, .... . None . "r :.: . Bear offered the following Resolution: (~5067) :, .z,SOLL~i,~.~T to refund Terry B..iitt 43 51 coverin,~ dnplicate payment of real estate taxes for thc year 1932 on Lot 19, Block 12, Deanwood ..adition. ( For full text of Re~olu~ion see Ordinance Book No. 'n oage 126 ). ~,~ar moved the adoption cf t?a Resolution. The motion v/as seconded by Mr. .food, and adopted by the follo'.?inf~ veto' .... ~ __ . re ident, ;i?ZS: ~','=ssr=, Bear, ":owell, .'food, ~'~.. ~': Z -s NAYS: None .... 0. BUDGET-RE. CRZ.;~TI~.., ~., .... , .... ~.,~: The question of transferring funds in the ,Budget for t?~ Recreation Deuartment havinz previously been before Council and the Directorl bein:u requested to submit revision necessary to enable him to rent g~mnasium, was "~- 'food offering the ~ol!owin-~ Ordinance: a ~a in b e fo re Counc i !, ..... (f~5068) '? ~"~--w~,' ~'~-' o ~ ~' "Recreation Department",] :,;, uu-,~,,_.:=_,.~, to am~.na a_n_. reenact ~e~ orion ,.i;!00, of an 0rdinanc~ adov*.=d b~ the Council of *~= City oe :_Roanoke, Virzinia, on the ' ~ "In Ordinance makin~ appropriations 29t.~ aay_ of June, _~a36, .~o..: . 48~0, aha entitled, : _ for the fiscal year beginning, July 1, 1936, and ending June 30, 1937," ( For full text of Ordinance see Ordinance Book No. 9, page 126). :,'~. 7food moved the adov_tion of tl~ Ordinance. The motion v/as seconded by Powell and adopted b~ t?~ following vote: JffES: i.~essrs. Be-mr, Povze!l, '.,"cod, and t!~_ P~resident, Lir. Small--4. ,~,.,.,- The '~ity Attorney brought to tb~ attention oe Council the sugEestion i:for a revision of Section 129 of the License Code covering soft drinks, mannfacturin 'or bottling, if and when tha License Code again comes before Council for amendrent. The City Clerk .will rake proper notation for attention in considerir~.-- amendment to ;. ?.the License Code. l~.T. ?::m'. w~. ~.~. To? DEi'A~,~!',T: The City L[anager reported the expiration date " !iof the Special Yolice Officer employed to watch vacant property as of January 20th, .,and that the sixty day em~losn~...ent period has been extended to a ninety day period. CURB AND GJTi~R CONSE~.~UCTION: The City Manager reported that appropriations for Curb and Gutter and Sidewalk Construction are about exhausted. The question is carried over for further consideration of Council at its next meeting. TT '".. \~ ' ~, ~T ' STREET LZG..~3 :~.~:~L~C..IAN SLECTRIC P0',TER CCitt;alIT: The President, ~,[r. Small, brought to the attention of Council draft of Resolution £or the renewal of Street Lighting Contract, which expired on December 12, 1936, as submitted by the Appa].a~l Electric Power Company, providing for the same unit rate as previously paid by th~ City, together with a co~.unication from Mr. W. I. :~lhitefield, L~nager, agreeing to furnish all electric service required by the City, other than street lig~ting, at a rate of two cents (2¢) per kilowatt-hour durinM the term of the street ll~nting contract, the said term being for five years. The Presl~ent, to~ether with the City ~,~nager, havl~-~ neen authorized to consummate negotiations for th~ c~ntract on the basis set forth in the draft of Resolution, together with terms set forth in the communi~tion, reviewed briefly the. a~vantages of the new contract if e:cecuted, it bein~ ~hown there i~ a s~vin~ to tI~ City of approximately $7,~00.00 per annum, or ~38,B00.00 for the term of the contract; whereupon, Er. Bear, after expressin~ the thought he :?ould much prefer a simple new contract to the lengthy continuance of the old contract, offered the following Re so lut i on: RESOLUTION to extend the contract with the Appalachian Electric Power Company for lightinE the streets, alleys and parks of t~ City of Roanoke, ~-irginia, for an additional term of five years: ( For full text of Resolution see Ordinance Book No. 9, page .1£?.). Mr, oear moved the adoption of th~ Resolution. ~The motion was seconded by V~ood, and adopted by the following vote: _~.z..o. IJ. essrs. Bear, Powell, *Jood, and th~ President, L~r. Small--&. NAYS: None .... 0. The following communication from the Appalachian Electric Power CompsNy was read before Council: "J~nuary 18, 1937. "To the Council for the Ci~ of Roanoke, Roanoke, Virginia. ~nt 1 em e n: In consideration of the City's extending trs street- lighting contract .for a period of five years from Decenber 12, 1936, we agree to furnish all electric service required by the City, other than street lighting, at a rate of two cents (2¢~) per kilowatt-hour during the term of said street-lighting contract. If at any time during the said term the application of the Company's standard applicable tariffs to the entire service supplied the City of Roanoke, other than street lighting, should result in an average rate of less than two cents (2¢) per kilowatt- hour, the City shall have the right to avail itself of the standard tariffs applicable to the various classes of service. That is to say, the City, at its option, may take all its service, other than street liEhting, either at the two cent (2¢) rate, or at the stand- ard available tariff rates. Very truly yours, (Signed) .. I. ?~%IITEFI,WI.D, !:~a na get." Bear moved that the caTnnunication be accepted smd made a part of the consideration in the renewal of the Street Lighting Contract, and that the same be spread upon the Journal of Council. The motion was seconded by L.~r. ','Jood, and adopted by the following vote: AYES: ::~e~srs Bear, Powell, '~ood, and the President, iJ.r. Sma!l---4. N-kYS: None .---0. 415 416 In this connection the City Clerk is directed to forward executed copy of the Resolution to the Appalachian Electric Power Company, end to acknowledge receipt of the Communication, advising of Council's action. Ewecut ion of the Street Lighting Contract having been authorized, the President .V.r. Small, in further commenting on the negotiations, read before Council and for th~ information of the public the following prepared statement: "ACREi~.:E~ which has been reached between Council and th~ Appalachian Electric Power Company oovers renewal of contract for street lighting and all other electric energy consumed by the Oity for an additional period of five years frc~ Decem~0er 12, 1936. It will result in a saving to the City of Roanoke of approximately 07,300.00 per year, or more than $38,500.00 for the new five year period. It is a saving of about 15j; in the cost of electric power to the City. Considering the fact that for the past twenty years there has been no ci'nnge in its lighting contract, the Council feels this saving in cost of goverr~ment is a substantial one. It is a further indication that Council desires to deal fairly mud equitably with public utilities, but also proooses to fully protect the interest of the City in every reaso'aable way. Council is of the opinion that a savin.z of more ti~'an ~38,500.00 for the new five year te~ is a ver~y appreciable item in the cost of government." T.M(ES: The I~resident, 'ir. Small, brcucht to thc attention of Council and tt~ ~t,..~- torney, Section ~14 of the Tax Code, providin~ that ti~ City Attorney shall defend all a?plications for motions of orders to be entered in the Courts. The City Attorney advised the provisions of the sections are being followed. City ~'ana2er sub~tted revised verbal estimate showinE a cost of frmu twenty-one to twenty-five thousand dollars for the · gm · remo~l of tn~ street car tracks on t~ranklin i~o'ad BF.!DCES: [,[r. ,'ood called ~''~ a ~ ,=~ntion to th hazardous condition of tho fasena 'grid~e. This matter will be ziven further consideration by Council at a later ~date. being no further business, on motion','~',~ seconded Co'm~ci! adjourned A P P R O V E D ~" °' dent C 0UNCI L Monday, REGULAR MEETING, January 25, 1937. The Council of Room in the Municipal regular meeting hour. the 0ity of Roanoke met in regular meeting in the Circuit Court Building, Monday, January 25, 1937, at 2:00 o'clock p, m., th~ PRES~,~4T: Messrs. Bear, Powell, Mood, and the President, Mr. Small--4. ABSENT: Mr. ~inn---1. {Leave of absencel The President, Mr. Smell, presiding. OFFICERS PRESE~T: Mr. ~'. P. tiunter, City Manager, and Mr. C. E. Hunter, Attorney. MINUTES It appearing that a copy of the minutes of the previous meeting been furnished each member of Council, upon motion of Mr. Powell, seconded Mood, the reading is dispensed with, and the minutes approved as recorded. City having by HE~NG OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC CODE: Mr. L. Q. Muse and ~. h. Horn representing the Roanoke Railway and Electric Company, appeared before Council and asked that Item (1) under Section 63 (b), providing for a speed limit of street cars not to exceed five miles per hour at all street intersections, be deleted from the Traffic Code for the reason it will necessitate slowing up of the street car schedule. After a discussion of t~e question and Council's attention being called to the fact that a minimum of fifteen miles per hour is provided for other vehicular traf- fic in both the state and city code, tne thought being advanced the five miles per hour covering street cars was perhaps a typographical error and there appearing to be no objection for the deletion of the.provision in question, Mr. ~ood offered the following Ordinance: (~5070) AN 0RDII~ANCE to amend and reordatn Section 65 (b) of an Ordinance adopted by the Council of the City of Roanoke on the llth day of December, 1936, No. 50gi~, entitled, "~n Ordtmance.to regulate the operation of vehicles on the public streets, alleys and highways of the City of Roanoke, to govern and protect pedestrians the violation of the provisions parts of Ordinances in conflict while using such streets, alleys and highways, to provide penalties for of this 0rdimnce, and to repeal all Ordinances or with the provisions thereof". t For full text of Ordinance see Ordinance Book No. 9, page 129~. Mr. ~ood moved the adoption of the Ordinance. The motion was seconded by Mr. Powell and adopted by the following vote: AY:~S: Messrs. Bear, Powell, ~ood, and the NAYS: None .... 0.(Mr. Wlnn absent) President, Mr. Small---4. ROAN0~LE RAILWAY AND ELECTRIC COMPANY: Mm. L. G. Muse, together with Mr. Horn, representing the Roanoke Railway and Electric Company, appeared before Council with reference to seat mile tax on passenger motor vehicle carriers operating without a franchise in the City of Roanoke. The President stated that in asmuch es Council desires to give this question further consideration no further discussion is necessary at this time. After the matter has been given further consideration and it should seem advisable, the Railway Company will be advised with a view of further discussion on the question. 417 418 LIC~I~ Mr. C~arlea D. Fox, Jr., Mr. J, T. appeared before Council with reference to license 6~ty of ~oanoke; which question ~as previously been ~. rex reviewed briefly correspondence on the cub Jeer and hl~ requeo~ · agleby, Jr., and associates, on Loan Companies operating in before Council on several cc- for appearance before Council, also reviewed the circumstances on Loan Companies opinion the rate surrounding the license as provided for in Section 88 of the License ~ode, it being his of ~2.00 as fixed was through an error on the part of the City Cle~ and a misunderstanal~of Council, 1936, he was given assurance the to the action taken by Council in reviewing the seem necessary for the year 1937. The President advised that he was evidently as to the rate being changed as the result of am error as the same was .by Council after consideration and discussion and the determination by the rate as fixed is lower than comparable is substantiated by the records. M~. Fox responded by stating this was perhaps due up by Loan Companies in these cities, and the companies a saving by reducing the per value of the stock, sary as the license should be reduced in that and than when he appeared before Council in J~nuax rate would be reduced to $1.50 which was contrary License Code for such amendments as laboring under a false impression changed Council tl~ t 'I ! rates in other cities in the state, which to a different financial set he represents could effect · hich is undersirable and u_n_neces- the impression had been left by a definite statement of the City Clerk that the increase was an error and would be reduced by Council. The City Clerk asked permission to correct the statement made by Mr. Fox, advising that he had made no would take on matters coming definite statement at any time as to what action Council before the body. After a further discussion of the question, the President advising that the rate as fixed was by action of Council the Loan Companies in Roanoke are enjoying a lower comparable in the state, the matte~ is continued with the understanding seated with a full knowledge and information that that data might be pre-,!! by the petitioners and if Council in its consideration of same should reduce the license as now fixed, the Loan Companies would be entitled to a refund. i LICEltSE CODE: Mr. Laurie Smith, President of the Lawyers Title Insurance Company, appeared before Council with reference to license on title guaranty cc~np'ani recently fixed by COuncil at $1,000.00, as provided for in the License Code, it being his contention that the license was too high, and apparently intended to drive the companies out of the city rather than being intended as a revenue; particularly in View of the fact that his company received only $1,~00.00 from its business during the year 19~6 in the City of Roanoke, and called attention to Sections ~?, ~39 and of the State Tax Code, and sub-section "A" of Section 53 of the Charter of the City of Roanoke, his conclusion being that title guaranty companies are not subject to a local license tax, but come under the same classification as insurance companies. Mr. Smith reviewed business done in other parts of the state and license is- .,posed by municipalities, and upon inquiry, advis2d that, while his company has in the past paid the license imposed, it was his opinion that should the question come before the courts, the company would be relieved of such license, th~ company electing to pay a reasonable license rather than contest same, and would be glad to pay some reasonable license in the City of Roanoke of approximately $50.00 to s d~LO0.O0; but would refuse to pay such a license as now imposed. The question was discussed freely from many angles; business o0nducted other than insurance titles, the mode of operation, the history of the company locating in Roanoke and services rendered both to property owners and practicing attorneys. The President, Mr. Small, be imposed by ¢otulcil, and it be reached with reference to the operation of the company or amount of license to be imposed, during the open discussion in which all members of Council, the City Attorney and the Commlssioner of Hevenue participated, at the suggestion of Mr. Wood and the unanimous approval of Council, further discussion is held in abeyance for later consideration, with the understanding no penalty would be imposed for failure to pay license until the rate has been definitely fixed in the e~ent the rate is not fixed prior to the usual penalty date; and that it was further under- stood that the City was not Jeopardizing its position in the collection of any !license imposed by deferring the matter; that Council, as a legislative body, would probably impose a license, and whether or not amount fixed would be considered as having stated that some license would in all probabil appearing that no determination and agreement could !reasonable by the Lawyers Title Insurance Company, own determination, with the further understanding advised of Council's final action in the matter. would be a question for its that Mr. Smith would be promptly ity Later during the meeting, after other routine matters had been disposed of, the question again came before Council, the City ~ttorney giving as his opinion that there was some question as to whether or not license could be collected from the company on the basis of operating an insurance business; but that the license tcould be collected on the basis of operating a title plant, which is a different business altogether from insurance. Several suggestions were offered as to the amendment to Section 138, it being he opinion of the President that the amount should be fixed at probably $200.00, ~n order that there be no question about the license being contested on the basis eing exhorbit,nt. The question of license to be fixed was discussed pro and con, ~tr. Bear suggesting that the rate be fixed at 4750.00; but failing to receive support for this amount, offered the following emergency Ordinance: (~5071) .,uN 0RDINA~NCE to amend and reenact Section 138 of an Ordinance adopted 1935, No. imposing ~y the Council of the City of Roanoke on the 31st day of December, 1936, No. 5050, .~ntitled, "An__ Ordinance to amend and reenact ~ections 52, 68, 69, 72, 93, 109, 115~, :i' .17, lB0, lB4, 128, 1~8, 142 'and 155, or an Ordinance adopted by the Council of the try of Roanoke on the ~Oth day of December, 4696, and entitled, 'A_n ~rdinance compiling and codifying Ordinances, taxes on licenses for Municipal ~urposes, and prescribing penalties for ciolation thereof, and directing the printing )f same in pamphlet form. ( For full text of Ordinance see Ordinance Book No. 9, page 129 ). Mr. Bear moved 'the adoption of the Ordinance. The motion was seconded by Mr. cod. The President, Mr. ~nall, relinquished the chair to the Vice-President, Mr. ~ear, and offered an amendment to the Ordinance providing for the amount of license ~o be fixed at.~250.00 instead of ~500.00. The motion was seconded by Mr. Powell ~nd lost by the following vote: AYES: Messrs. Powell and ~mall --2. N%YS: Messrs. Best'sad ~ood ..... 2. 419 420 The original Urdinance as introduced was AYES: Messrs. Bear, Po~ell and iood then adopted by the fol lowi ng vote: Mr. Small--o--1 { for the reason thinks license prohibitive). The City Clerk is directed to notify the Lawyers Title Insurance Company of the action taken by Council. LEGISLATIVE: Mr. Thmrman.Britts, Attorney, appeared before Council and asked fc oonsidbration of certain legislative acts passed by the Legislature, ~e ts request ~ed to make t~e request in writing, after which he will be given an s~awer by Council PETITION8 AND CROSS-OVERS: An application from ~r. C. E. 'Layman for permits to construct two cross-overs, one to accommodate property at 1019 ~arrington Road, and one to ac- commodate the property at 980 Avenel Avenue, Lee [Ay Court, was before Council, the City Manager recommending that the permits be granted; ~hereupon, Mr. ~ood offered the following Resolution: (~5072) A RESOLUTION granting a permit to C. E. Layman to construct a concrete cross-over to accommodate property known as 1019 i~'arrington Road. ( For full text'of Resolution see Ordinance Book No. 9, page____130). hLr. ~ood moved the adoption of the Resolution. The motion was seconded by MLr. Powell, and adopted by t~e following vote: , AYES: Messrs. Bear, Powell, kood, and the President, Mr. Small--4. NAYS: None ..... 0. Mr. ~ood offered the follomlng Resolution: (~5073} A RESOLUTION granting a permit to C. E. I~ayman to construct concrete cross-over to accommodate property known as No. 980 Avenel Avenue, Lee Hy ( For full text of R~solution see Ordinance Book No. 9, page_j~). Gourt. ur. ~'ood moved the adoption of the Resolution. Powell, and adopted by the fo. llowing AYES: Messrs. Bear, Powell, vote: The motion was seconded by Mr..I~ Wood, and.the President, Mr. Small --4. NAYS: None ..... 0. STRE~]~AAtD ALLEYS: A communication .from'~oods, Chitwood, torneys for C. L. Lacy, asking that a permit be given for use Coxe & Rogers, At- of .the Eastern half of Seventh Street between: Shenandoah Avenue and Norfolk .~c ~'estern Railway right- of-way for business purposes, was before Council. The question is referred to the City Manager for investigation, report and r ec creme ndat t on. :. : TAX~: A commu~ication from the Roanoke Ratl~ay & Electric Company with reference to meeting for determination of what properties should be classified as real estate .and subject to discount, as provided for by Resolution ~5049, was be- fore Counc'il. 'T~e' City Clerk is directed to acknowledge receipt of the i. .rich and to advise all public utilities that Council will consider this ~lts meeting on Monday, February 1, 1937. communica- question at i STREET LIGiATING-APPALCBIAN ELECTRIC P0~'ER COMPANY: The follo~ nE communication 'from the 'Appalachian Electric Power Company, accepting the terms of the street lighting contract, was before Council: "January ~1, 19~?. "To the Council for the City of Roanoke, Roanoke, Virginia. "Gentlemen: "We beg to advise that we hereby accept the resolution of Council for the 01ty of Roanoke adopted on the 18th day of January, 19~?, being No. 5069, extendin£ the exietXng street-lighting oontraot for a period of five years from Deoember 12, 1936, and a~ree to abide by the provisions therein oontained. "Dated at Ro_~oke, ¥irginia, this 218t day of January, 19~. 'Respectfully, "APPAT._AC~AIAN ELECTRIC P0~ER COMPANY, ( ~igned ) "By b'. I. ~nitefield, Manag er. e The ocnnunication is filed. COMPENSATION BOARD-CITY SERGEANT: Copy of communication from the Compensation Board fixing salaries and expenses in the office of the City Sergeant for the calendar year 1937, was before Council. It appearing that the salaries and ex- penses are in accordance ~ith Joint Resolution on this subject adopted by Council on the llth day of December, 1B38, the communication is filed. C~h~PENSATION ~0ARD-0LERK 0F TkiE COURTS: Copy of communication from the Compen- sation Board fixing the salaries and expenses in the office of the Clerk of the Courts for the calendar year 1937, was before Council. It appearing that the salaries and expenses are in accordance with joint Resolution on this subject adopt- ed by Council on the lath day of December, 193~, the communication is f~led. LIOENSE: A communication from the Commissioner of Revenue asking that the City Attorney give opinion on the collection of seat mile tax for passenger motor vehicle caxTie~s as it may apply to the Roanoke Railway & Electric Company, was before Council. The communication is referred to the City Attorney for opinion as requested. RE~0RT~ OF OFffICERS: RR~PORT OF ThE CITY MANAGER: The City Manager submitted reports of work accom- plished and expenditures for weeks ending January ?th and January 14th, 1937, show- ing cost of garbage removal as fifty-eight cents and fifty-seven and one-half cents,.! respectively. The reports are filed, STREET LIGHTS: The City Manager recommended installation of one 100 C.' P. Street Ligh~ on B~andon Road 170 feet North of Franklin Road. Mr. ~ood moved that iCouncil concur in the recommendation of t~ City Manager and offered the following Res oluti on: (~5074) A RESOL~F£ION to install a street light on Brandon Road 170 feet North of ~ranklin Road. ( ~or full text of Resolution see Ordinance Book No. 9, page 131). Mm. Wood moved the adoption of the Resolution. The motion was seconded by Mr. Powell and adopted by the following vote: AYES: ~essrs Beer, Powell, Wood, and th'e President, Mr Small--4 NAYS: None ..... O. APPOLNTMF~TS: The City Manager submitted report advising of the appointment of ~. M. Murphy, Electrical Inspector, effective Novem6er 1, 19~6, to fill the vacancy created by the resignation of W. ~. l~rebs. The City Clerk is directed to arrange for substituting Mr.,Murphy's name for ',hat of Mr. t~rebs on the blanket bond. BONDS: Council's attention was attracted to the fact that the Bail Comm~ssioner'!t has never been placed under bond; whereupon, the City clerk is directed to arrange for this bond in the name of L. E. Hurt, Jr.., -mounting to $1,000.00. APPOIN~&F/~fS: age 22, as Police The City Manager reported the appointment Radio Operator, effective January 21, 1937. of Joseph E. Newman, The report is filed. 421. 422 AIRPORTs The GityManager .ubmitted report and recommendation for .ohedule of rates to be charged for tho storage of airplane., student instructions and hopping ~a..enger. at the Roanoke ¼unloipal Airport, which report was discus.od and the provisions contained therein concurred in by the Manager of tho Airport; whereupon, Mr. Bear offered the following Resolution: RESOLUTION establishing schedule of rates for storage of Airplanes, student instructions, hopping passengers, method of payments and certain rules and regulations at the Roanoke Mumioipal Airport. ( For full text of 2esolution see Ordinance Book No. 9, page !S2}. !' ~ Mr. Bear moved the adoption of the Resolution. The motion was seconded ~ood and adopted by the following vote: by Mr. AYES: ~essrs. Bear, Powell, '~ood, and the fresident, Mr. Small--4. NAYS: None .... 0. COMMISSIONER OF REVENUE: The Commissioner of Revenue submitted report for month of December, ~s compared 1936, showing collections of 4194,501.83 for the with ,17B,640.93 for the calendar year 1935. The twelve months' period report is filed. R~0~T4 Off COM~&ITTEES: FIRE~'OR~S: Mr. ~. ~,. '~ood, Chairman of the committee appointed to confer with a~horities of Salem, ¥inton and Roanoke County, reported a meeting held in Salem on January 18th, resulted in the appointment of a committee composed of the City Attorneys of Oalem, of Vinton and the City of Roanoke for drafting of Ordinance pro- hibitin5 the pruchastng, procuring, handling, exhibiting, shooting, or in any manner i dealing with fireworks, after which a further conference will be held with the Board of ouperwisors with a vte~ of eliciting their support and cooperation. UNFiNISHED BUSINESS: None. . C0hSI DER~TION OF CLAIMS: None. INTRODUCTIOE ~1D CONSIDERATION OF ORDINANCES AND RESOLUTIONS: T~[mS: Council's attention having been called to certain inadvertent omissions in ~ection One of Tax Ordinance No. 5040, and it being the unanimous opinion that the correction should be made at this time, Mr. Bear 'offered the Ordinance: (~5076} AN ORDINANCE to amend and reordain Section 1, of an Ordinance adopted by the Council of the City of Roanoke on the lath day of December, 19~6, No. following emergencyll .! ientitled,~ "An Ordinance to impose taxes on persons, real estate and personal property ifor the year 19O?, and for each year thereafter until altered, amended or repealed I. for the support of the City Government, the payment of interest upon the city debt, ~ :support of a public library, the payment and marines and their widows, for school purposes and other municipal ( For full text of Ordinance see Ordinance Book No. 9, page 133 ). of pensions to Confederate soldiers, sailor~ expenses~ . :.~ L&r. Bear moved the adoption of the ~rdinance. ~ood and adopted by the following vote: The motion was seconded by Nr. AYES: Messrs. Bear, Powell, Wood, and the President, Mr. Smmll--4. NAYS: None .... 0. MOTIONS ~ND MISCELLANEOUS BUSINESS: appeal ~Va 11 ey of the RED CROSS: The President, ~. Smell, brought to the attention of Council the of the Red Cross for funds needed for relief of flood sufferers in the Ohio section and presented the following prepared statement for the information public, and as a minute of the meeting, and expressed the thought that Council could well afford to make an appropriation to the local Red Cross for this p~rpose: 'The Red Cross has made urgent appeal for funds needed for relief of flood sufferers. Misery, hunger, privation and disease will follow in the wake of the greatest flood the Ohio Valley section has ever known. "The people in Roanoke and this vicinity, sheltered end protected as they are, from the ravages and disaster visited upon other parts of the country, are asked to generously support the Red Cross in providing funds. "~e who llve in a community so free from the wrath of the elements should respond gladly." In this connection Mr. Powell suggested that Council through the City Manager might offer the services of the Roanoke Life Saving and First Aid Crew and facili- ties to the flood stricken area; whereupon, the City Manager was directed to con- tact by telephone the City Manager of Portsmouth and CincAnnati with a view of having boats and crews leave as soon as possible on the Norfolk and ~'estern trains. being The City Manager/advised that n9 telephone communication is available to the stricken areas, he was directed to communicate with Norfolk and ~'estern officers and Colonel E. ~. Jordan, District Chairmen of the local Red Cross Chapter, offering the services of twelve men and two or more boats from the Roanoke Life Saving and First Aid Crew as may be needed, after which the President, Mr. Small, offered the following Resolution: (~5077) A RESOLUTION contributing $100.00 to the local Red Cross for relief and suffering caused by the recent floods in the Ohio Valley section. ( For full text of Resolution see Ordinance Book No. 9, page 134.). Mr. Small moved the adoption of the Resolution. The motion was seconded by Mr. Bear and adopted by the following vote: AYES: Messrs. Bear, Po~ell, Wood, and the President, Mr. Small--4. NAYS: None ..... O. IN~UHAI,~CE: The City Manager reported progress on the insurance schedule and promised an additional report probably at the next meeting of the body. PARKS AND PLAYGROUNDS: The President, Mr. Small, brought to the attention of Council and the City Manager a request for an area to be constructed in South Roanoke Park for roller Imonths. In a discussion of skating and perhaps convertlb!.e into ice skating for winter be to surface the driveway in Highland Park facilities in South Roanoke Park. The question of amending the City Ordinances to permit the question the City Manager stated in preference to his suggestion would providing for skating skating on s~ewalks was discussed as well as roping off certain areas in different sections of the City for skating purposes for a period of two or more hours in the afternoons, it was t~e unanimous opinion of Council that some publicity should be given to this suggestion before final consideration of Council, in order that the public might be given an opportunity to express its views on the subject. ROANOKE WATER ~0RES COMPANY: The City Manager reported visits of firms with a view the Carvln's Cove ~'orks property, and asked that the question February 8th, in order that all engineering of visiting the location. engineering of obtaining information for submission of price on survey of property to be condemned in connection with the Roanoke ~'ater of submitting prices be delayed until firms invited might have an opportunity 423 424 City Manager aXso brought to the attention o~ Council the suggestion by engineering firms of tho neoesoity of having acoess to oertain reoords of the tater Company to facilitate work in any survey ma~e. The City Attorney is directed to direct · ocmununication to the Attorneys for the ~ater Company askin~ for this permission and for letter of confirmation after said permission is granted. FIRE-DEPABTEENT-BUDGET: The City Manager brought to the attention of Council the request of the Chief of the Fire Department for purchase of radio for new oar recently acquired for the Fire Department to be used in line of duty, the City Yanager recommending that the purchase be made from unexpended funds. htr. Bear moved that Council concur in the reco~endation of the City Manager, and offered the following Resolution: (~5078) A RESOLUT10N authorizing purchase of radio as part of equipment on net automobile recently purchased for Fire Department. ( For full text of Resolution see Ordinance Book No. 9, page 134 ). Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~r. ~ood and adopted by the following vote: AYES: Messrs. Bear, Powell, ~ood, and the President, Mr. Small--4. NAYS: None .... 0. FIRE DEPART~,~;NT-RULES ~ND RESULATIONS: The City Manager brought to the at- tention of Council a recommendation that rules and regulations recently compiled for the informstion and guidance of the Fire Department be printed, suggesting 200 copies at an estimated cost of ,145.00. There being no funds appropriated for this purpose, the matter is held in ~abeyance until adoption of Budget for the next fiscal year beginning July 1st. Mr. Bear suggested that copy be presented to Council before printing same. ~RPORT-BUDGET: The City Manager presented to Council estimate of expenditures ~necessary for operation of ~irport for the fiscal year ending June 30, 1937. The City Clerk is directed to confer with the City Auditor and prepare necessar.y Ordinance for Budget purposes for consideration of Council at its next meeting. CURB-GUTTER ~ND SIDE~'ALK CONSTRUCTION: The City Manager submitted statement showing 8.41 miles of sidewalk constructed since January 1st, 1934, 23.5 miles of 'curb and 24.54 miles of gutter, and advised that the appropriations heretofore made for this purpose are now ab. out exhausted. The question was discussed and the suggestion made that on ami after March 1st, from twent y-six a half cents to thirty-five cents per lineal foot, Clerk and the City Manager are directed, to prepare in the newspaper in line with the discussion, increase in cost of materials, and that such ~PA' s continuance It being the the rate to the property owner for curb and gutter construction be increased cents to thirty-five cents, and for sidewalk .from twenty-eight and the result being that the City an a~vertisement for insertion the reason for the increase being the applications would be contingent upon of participating in ~he expense of this work. unanimous opinion of Council that this street construction work ~hould be continued at this time, Mr. Bear offered the. following 'emergency Ordinance :~ (~5079~ AN ORDINANCE to amend and reenact Section No 150, "Street Construction' of an 0rdinmce adopted by the Council of the City of Roanoke, Virginia, on the 20th day of June, 193~, No. 4850, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 19~6, and ending June 30, 19g?" ( For full Mr, Bear moved Mr. Powell text cg Ordlnanoe aec Ordinance Book No. 9, page No.154 ). the adoption of the OrdXnanoe. The motion was seconded and adopted by the following vote: Messrs. Bear, Powell, Wood, and the President, NAYS: None ..... O. LIBRARY: The City l/anager reported a painting Library in ~hnwood Park, JU~F2~ILE AND D0_~_~STIC RELATIONS Council and the City Manager complaints of the Juvenile and Domestic Relations Home. Mr. Small--4. by delay in execution of project for Mr. ~ood brought to the attention of unsatisfactory conditions existing at DELIN~24T TAXES: The Delinquent Tax Collector mubmttted yearly report $15~,114.59 colle'cted for calendar year 19~6. The report is filed. LICENSE: The City Clerk is directed to make note of ~m__~ll Loan Companies, ~ection 88, with a view of increasing tae license for the year 193~. There being no further business, on motion, duly seconded, Council adjourned. aPP'ROVED s how ing 425 426 COUNOXL, Monday, R~GULAR ~ebruary 1, 19~?. The Council of the City of Roanoke met in regular meeting in the Circuit Court ~Room in the Municipal Building, Monday, February 1, 1957, at 2 o'clock p. m., the regular meeting hour. PRESENT: Messrs. Bear, ABS~A~'£: Messrs. Powell ~ood, and the President, Mr. Small ---3. and ,inn --2. (Mr. ~i~_n_ on leave of absence) The President, M~. ~mall, presiding. OFFICERS P~ES~T: ~r. r,. P. Hunter, City Manager, and Mr. C. E. Hunter, City . attorney. MIEUTES: It appearing that a copy of the minutes of the previous meeting having been furnished sack member of Council, upon motion of ~r. '~'ood, seconded by Mr. :t :~. Bear, the reading is dispemsed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC. MATTERS: NUHSERY SCHOOL-PUBLIC ~'ELFARE DEPART~IENT: Mrs. A. L. Horwttz, President, and '~. P. Ayers, Secretary of the Greenvale Nursery School, appeared before Council. ~with reference to operation of nursery schools in the City of Roanoke. A detailed report of the investigation by the Public Welfare Department was before Council indicating it is the ultimate aim of those interested that the City ~will e~entually take over the Nursery Schools which are now being operated at a in the interest of report submitted by the Director of the Public Welfare Departmenti, 'cost of ~1~,996.43, ss the Federal Government's contribution. The report also in- dicated that should the City undertake the operation of these schools, in all fair- ness there is as much need in at least two or three other sections of the City as there is where the schools are now being operated and at the present time while the schools were organized largely from children from families on relief rolls, being operated with children from seven families who ere on direct relief, six '~PA families and forty-four families classified as "borderline". ;: '-submitted the following recommendation to Council: "February 1, t hey a r el twenty- I~ The committee 1937. "Council of the City of Roanoke, Roanoke, Virginia. i "Gentlemen: "RECOMMENDATION: i"Inasmuch as the present schools are conducted as Nursery Schools, i.e., educations !~in their aims, and inasmuch as the Superintendent of Schools is designated as of- [ficial sponsor, we would, therefore recommend ' "First - That Council request the City School Board to furnish space in school build~ ings in the localities where l~ursery Schools are now operating. ~"Second - If this first recommends, rich is not possible, i. e., that the Board cannot'I ~find space for t~ese schools, it ~s recommended that Council appropriate a sum not iling $300.00 for rent, IlAel, lights and water for the balance of the fiscal year endi?g i~u_n_e 30,1937, for the three schools now in operation. i~i"The second recommendation is ~de contingent on the fact that the Federal Governme~'~ i!continue to carry that part of the expense now borne by the Government, and that the !City shall not, any longer, be responsible for the rent, fuel, water and lights, Ishould the Federal Government discontinue its assistance as now given. !"Third - That some responsible agency be assigned the task of determining which ichildren are eligible, and which are not. ~o~th - That this queation be referred back to the through the City Manager, for further study. Department of Public Welfare 'Respectfully submitt ed, 'W. P. HUNTER, City Mmnager. '~. H. FALLWELL, Director, Department of Public Welfare." After a discussion of the question and Mrs. ttorwitz advising that her organiza-~ tion understands the report thoroughly and should the second recommendation be adop~- ed the appropriation by Council will not exceed $300.00 for rent, fuel, lights ar~ water for the fiscal year ending June 30, 1937, and does not commit the City beyond' that date, which recommendation is contingent on the Federal Government continuing ~ to carry the expense now borne by same; ~hereupon, Mr. Bear moved that Council adopt the report and recommendation of the co~atttee and a Resolution be brought before Council for further consideration at its next meeting wtt~ a view of putting into force and effect the provisions of the recommendation of the committee. The motion wes seconded by Mr. Wood and unanimously adopted. SEATING-PAP~ AND P~.AYGHOUNDS: A delegation from' various sections of the City appeared before Council and voiced their objections to amending present Ordinance to permit skating on the sidewalks of the City of Roanoke, it being proposed at the last meeting of Council that this section be considered as well as roping off car- rain areas in different sections the parks. of the City in lieu of erecting skating areas in Thomas a. ~iatcher of Dale Avenue, S. E., C. B. Slusher of Carter Road, Raleigh Court, spoke in opposition to any amendment to the present Ordinance which it was c~ .ed is not now being enforced,, as did two or three ladies in the delegation also voice their objection to skating on the sidewalks. In this connection a number of communications and petitions with reference to the question were before Council, a tabular, on showing that signers to same indicat~ I ed approximately t~o hundred favor the per[,~tting of skating on the sidewalks as against thirty-three opposed All p_arties present having been given an opportunity to express themselves on the subject, the President, Mr. Small, stated for the benefit of those present interested in this particular Question, in all t~ol~btltty Council would request City Manager to furnish the body an estimate of cost for paving in Highland Park and Jackson Park as amy be necessary to provide skating facilities for the children and pending some solution along that line the present Ordinance will be strictly forced; whereupon, Mr. ~ood offered the following Resolution: (~5080~. A RESOLUTION providing for roller skating areas in the City of Roamoke~ ( For fUll text of Resolution see Ordinance Book No. 9, page 13~. Mr. 'i-odd moved the adoption of the Resolution. The motion was s.econded by ~r. Bear and adopted by the following vote: E/ES: ~essrs. Bear, ~ood, and the President, Mr. Small --3. NAYS: None ---O. ( Messrs. Powell and Winn absent~ TAXi. a: Representativ. es of public utilities operating in the City of Roamoke appeared before Cauncil as previously requested for a discussion of the question of determining what properties should be classified as real estated and subject to discount if taxes are paid prior to March 31st. In this connection the President, Mr. Small, brought to the attention of the 427 .aim- 428 representatives and Council aa ameadmemt to Section 29? of the Taz Code of ¥ir~lala as adopted at the last session of the Legislature and approved on March 11, 1936, providing that 'taxes for properties of public service corporations shall be levied c the basis o f assessment for the preceding year, and upon the payment of the final ~installment of such taxes the total of such taxes l~rXo~ to December 5th shall be iadJusted between the City and the public service corporation, and no penalty would i~be levied in making the adjustments. f In this connection Co:~.cll will have before it for consideration at Its next imeeting a proper Ordinance paralleling the State Code for the information and ~guidance of public utilities and the proper departments of the City Oowernment. The !City Attorney is directed to prepare the proper Ordinance for further consideration · of Council. Z0[~ING: gr. C. ~. Francis, Sr., appeared before Council in the interest of ~report from the Board of Zoning Appeals with reference Ordinance for plot of land in the old Virginia College to special residence, in order that a modern u_p-to-date constr~cted. The report from t~e Board of Zoning Appeals was that Council decline to emend the ordinance. During a discussion of the question Mr. Francis to amending the Zoning Section from general residenc~e apartment building might be it~ before Council recommended presented plats, plans and s~cifications of the proposed apartment building and advised Council that of the ten acre trac~ of land ~he request for re-zOning was for only one and three-quarters acres, which is far removed from residential property in the locality. After a further discussion of the Question, on motion of Mr. Bear, seconded by i&r. ~ood, the City Clerk ~.s directed to prepare advertisement for public heartr~ 'a~ provided for in ~ectlon 11 of the Zoning Ordinance, ~r. Francis agreeing to bear the expense ~f the advertisement. . PIJBCh~E ~t~ID SM.,E OF PROPF~TY. reference to purchase of property kno~n as the old post office sit e, advising Council ithat he had been unable to close negotiations prior to January 31st, the dead line given him by 0curio il, and in conference to-day with a representative of the company interested, he bed been advised that 125 feet on Church ~venue previously requested was more space than would be necessary and was now asking that Council consider a :~price for 100 feet on Church =venue. ,M~. ~all was advised that if he cares to submit a proposal on the basis of ~110,000.00 for the 100 feet on Church Avenue Council will give same consideration, it being understood that Council was making no commitments or proposal for any definite time, advising Mr. ~all would it be necessary for him to further that Council would not be interested nor again appear before ~ouncil with a proposal for a "reduced figure. PETITIONS ~ND COkU~JNICATIONS: ipermit to open lath Street, E. W., from Moorman Road South to house $455, ~:ma~ely 120 feet, for the purpose of laying a two-inch H. P. gas main, was iCouncil, the City ~anager recommending that the permit be granted. ROANOKE GAS LIGHT CO_~PANY: A request from the Roanoke Gas Light COml~ny for approxi- before ~:and offered the following Resolution: (~5081~ A RESOLUTION granting a permit Ii install a gas main in lath ~treet, _~r. Bear moved that Council concur in the reco~mmendation of the City Manager to the Roanoke Gas Light Company to E. ,., from Moorman Road South to house ,~455, 429 a distance of approximately 1~0 feet. ( For full text of Resolution see Ordinance Book No. 9, page ....... 135.) Mr. Bear moved the adoption of the Resolution. The motion was seconded by ~r. Wood and adopted by the following vote: AYF~: Messrs. Bear, Wood, and the President, Mr. Small---3. NAYS: None---0. CROSS-OVER: A request from Mrs. ~ross-over to accommodate property at he City ~anager recommending that the permit be granted. Mr. Wood mowed that Council concur in the recommendation of the City Manager nd offered the following Resolution: (~5082) A RESOLUTION granting a permit to Mrs. Anne de H. Bryan to construct ~oncrete cross-over to accommodate property known as 420 '~alnut Avenue, S. E. ( For full text of Resolution see Ordinance Book No. 9, page _ 136 ) The motion was seconded by Anne de H. Bryan for permit to construct 4BO Walnut Avenue, S. E., was before Council, Small---3. Mr. ~ood moved the adoption of the Resolution. Bear and adopted by the following vote: AYES: Messrs. Bear, Wood, and the President, Mr. NAYS: None---0. LEAGUE 0F VIRGINIA MUNICIP~.LITIES: a communication from the League of Virginia Municipalities advising that the Legislative committee will meet in Richmond on February 4th for before Council. consideration of matters for which Legislation is needed, was The City Clerk is directed advise that Mr. C. E. Hunter, CLAIM-CITY SERGEANT: The to ad~nowledge receipt of the communication and to the City Attorney, will attend the meeting. City Manager brought to the attention of Council an '.invoice of ,12.00 presented by the City Sergeant for transporting a lunatic inmate '~f the jail to Staunton, advising that the City Audito. r had refused payment of s~ne. The City Attorney in commenting on the question advised Council that the atute covering such cases provided that a municipality delivery stations of not more than twenty-five miles, should only deliver inmates and that tl~ City Auditor ~as within his rights in declining payment of the invoice. The City ~anager advised that this was an emergency case and it was necessary transport the inmate to Staunton without delay or ample time for State authorities to issue ~necessary instructkons, tt was also explained that the State would pay approximately ;3.95 of the charge if so requested; whereupon, ~&r. Mayhew was directed to collect ;he ~tate charge after which the City Clerk would prepare necessary Resolution for mymeat of the difference. CITY ATTORliEY: At this juncture the City Attorney asked to be excused in order ;hat he might read proof of the rantedthis per.mission. brief on the Roanoke Water ~orks rate case. He was ZONING: A communication from John ~. Waynick, Jr., ~randin Road, Raleigh Court, be re-zoned in order that asking that property on he mt ght be permitted tc ~onvert residence into an apartment house, was before Council. Mr. ~'~aynick also ~ying no objection on presented letters from property owners their part for the said construction. in the vicinity signi- The communications are referred to the Board of Zoning Appeals for ,eport and recommendation. investi gati on, 43O UNITED ~TAT~S CONFSRENC~ OF MA¥0R~= 0ommunlcatton from the Un/ted 6tares Conference fees for the calendar year 19~7, was before 6ouncllo The City Clerk is directed to acknowledge receipt of the advise that there a~e no funds available in the City's Budget June of Ma, y~rs, to~ether with invoice amounting to $?5.00 covering service communication and to for fiscal year endin 1937, but that Council will doubtless give this matter.favorable considered' tion in the pre~aration of the next Budget, and the Confermoe of Mayors eill be advised of Council's action in the matter. communication from ~oods, Ghitwood, Coxe, Rogers & uuse, advising ~that as Attorneys for the Lawyers Title Insurance Corporation the company ~ill not i apply for a license or pay the amount of same imposed on Title 'by Ordinance adopted January 25, 1937, was before Council. Guaranty Companies The City Clerk is directed to notify the City Manager, the Commissioner of Revenue, the City Attorney,. with copies to other interested parties, that necessary steps be taken promptly to enforce collection of the license tax imposed by the Ordinance in question and such other procedure as may be required to test the {~ in the Courts, and that the Commissioner of Revenue adviset, validity of the Ordinance .Council of the final determination of the matter. REPORTS OF OFFICERS: REPORT OF Ti~E CITY M~NAGER: The City Manager submitted report of ~o rk accom- plished and expenditures for the week ending January 21, 1937, garbage removal as fifty-nine cents. The report is filed. STREETS: The City Manager submitted report and recommended 5. L. Lacy permission to occupy one-half of Seventh Street between Shenmdoah ~venue and the Norfolk & Western Hailmay right-of-way, as petitioned by ~¥oods, Chitwood, Coxe & Rogers, his attorneys. showing cost of that the City grant It was brought to the attention of Council that a portion of the street been rented to Lindsey-Robinson and Company who were later given permission to erecti~ building on same; whereupon, the City Clerk is directed to prepare t~e plat granting permission to C. L. Lacy as recommen.dedl a temporary necessary Resolution including by the City Manager. STREET LIGHTS: The City Manager brought to the attention of Council request for Resolution authorizing the installation~ of 10 - 1000 C. P. Sodium Vapor Lights on th. new Franklin Road Bridge at a cost of $50.00 per year per light, effective as of · December 1, 1936. been in operation pending the consummation of the street The lights having 'lighting contract, _~r. Bear offered the following Resolution: (~5083) A RESOLUTION authorizing the installation of 10 - 1000 C. P. Sodium Vapor Lights on Franklin Road Bridge. ( For full text of Resolution see Ordinance Book No. 9, page--..---136- Bear moved the adoption of the Resolution. The motion was seconded by ;~r. ,cod, and adopted by the following vote: AYES: Messrs. Bear, ~ood, and the PreSident, Mr. Small---3. NAYS: None---0. APPOINT~NTS-POLICE DEPARTMENT: The City Manager subm!tt'ed report the following changesin personnel of the Police Department: announcing John M. Webb who was employed as patrolman on April LB, 19~0, resigned February 1, 1957, to accept position as Chief of the Staunton, Virginia, Police Department. T~X~SRRED Conrad M. Porter, who entered the service as vacant house watchman on January 4, 19;~?, was promoted chauffeur on February 1, 19:57. J-men ~;. Lemon, age 27, was employed ~'ebruary l, 1937, as special officer to watch vacant houses in the place of Conrad M. Porter. The report is filed. CURB AND GUTTER AND SIDE~'_A]~K CONSTRUCTION3 The City Clerk and the City Manager having been ap]~ointed as a committee tO draft advertisement for insertion In the ne~'spapers announcing increase in cost of Curb and Gutter and Sidewalk construction submitted same the City Manager, however, suggesting that the increase was perhaps a little too high, the Mayor, however, dissenting to the suggestion; whereupon, Bear offered the following Resolution: (~5084) A HESOLU'~ION directing the insertion of advertisement in the newspap~s with reference to Curb and Gutter and Sidewalk Construction· ( For full text of Resolution see ~rdinance Book No. 9, page 136 ). Bear moved the adoption of the Hesolution. The motion was seconded by Mr. ~ood an~ adopted by. the following vote: AYES: Messrs. Bear, ~;ood, and the President, Mr. Small---J. NAYS: None .... 0. GA~ ',',.ARDan1: The City Manager presented to Couhcil communication from the ,',arden, together with record of all persons braying dog tags in tae City of Roanoke for the calendar year 1936, also bill amounting to $26.2& far preparation of same and recommended that the invoice be paid out of incidental expenses now shown in~ the Budget. Bear moved that Council concur in the recommendation of the City Manager and offered tae following Resolution: (~5085) A RESOLUTION authorizing the City Manager to approve bill from C. E. Moomaw, Game ~arden, amounting to ,26.25. For full text of Resolution see ordinance Book No. 9, page 137 ). Mr. Bear moved th= adoption of the Resolution. The motion was seconded by ~ir. Wood and adopted by the following vote: AYES: ~essrs. Bear, Wood, and the President, NAYS: None .... 0. LIC~SE: The City clerk reported receipt of payment of license, fee and penalty formation that check had been received for license for the year 1937. RO~2~NOKE hATE2t li0~ COMPAI~: ..m invoice ~mounting to ~?.60 covering expenses of C. L. Tinsley as witness in the rate case of the Roanoke i~ater horks Company at .~ fez the years 19~5 and 1936 from Byron G. Collier, Incorporated; ami also the in- Richmond was before Council; whereupon, Mr. Bear offered the following Resolution: (~5086) A HESOLUTION directing the City Auditor to draw warrant amounting to ,A?.80 in the name of C. L. Tinsley covering expenses as witness in the Roanoke ',~ater ,orks Company rate case in Richmond. ( For full text of Resolution see Ordinance Book No. Mr. Bear moved the adoption of the Besolution. ~ood, and adopted by the following vote: AYES: ~essrs. Bear, Wood, snd the President, ~r. Small--~. NAYS: None---0. The City Clerk is directed to acknowledge receipt of the invoice, and to 9, page 137 ~I The motion was seconded by Mr. il 432 advise that Council hms gone on record unanimously in expressing its appreciation for the services rendered by ~r. Ttnsley. REPORTS OF C~TTEF.~ ~ None. UNF1NIS~D BUSINESS: None. O 0NSIDEHATION Off GLA]J~S: None. INTRODUCTION AND GON~DERATION OF 02DINANGES AND RESOLUTIONS: BUDGET-AIHPOET: The City Clerk having been setting up Budget. figures for the operation of the Municipal -whereupon Ur. Wood offered the following emergency Ordinance: directed to prepare proper 0rdinanc~ Airport submitted same (~5087) AN ORDINANCE to amend and reenact Section ~120, "Municipal Airport", of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 29t day of June, 1936, No. 4860, and entitled, "An Ordinance making appropriations for the fiscal year begllmtng July 1, 1936, and ending June 30, 1937." { For full text of Ordinance see ordinance Book No. 9, page.. 158).. ~Mr. ~ood moved the adoption of the Ordinance. The motion was seconded by Mr. Bear, and adopted by the following vote: Messrs. Bear, ~ood, and the }resident, Mr. Small --3. NAYS3: None ---0. In this connection the City Manager's attention ~:as called to a ne~;spaper article ~herein some complaint had been indicated by the Manager of charges adopted The City Manager is directed to advise the Manager of the Airport that by Council. the question of policy affecting rules, regulations and charges are matt ers under no part tcu -'lmr the jurisdiction of the City Manager and Council, and that t~ere is reason why he should break out in public print in opposition in these matters. REBATES- TAiES: It having been agreed at a previous meeting of Coancil that the Emanuel Pilgrim Ghdrch would be refunded taxes and penalties on Lots 9, 10 and 11, Block 67, Melrose Land Company for the year 1936 if and when pai~, the City Clerk advising that the taxes have now been paid by J. H. Frat. in~ Bear offered the following Resolution: (~5088) A REo0L~I'I0A' to refund J. G. Fralin $252.40 covering real estate taxes and penalty for the year 19~6 paid on Lots 9, l0 and l l, Block 67, Melrose Land Company, standing in the name of the Jefferson Standard Life Insurance Company,~ and used for religious purposes by the Emanuel Pilgrim Church. ( For full text of Resolution see Ordinance Book No. 9, page 138.). whereupon,, !. Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. ~ood, and adopted by the following vote: : AYES: ~lessrs. Bear, ~ood, and the President, NAy~o ~. None .... 0. Mr. Small--~. BUDGET-CITY COUNCIL: A communication from the City Auditor advising that cost of printing certain Ordinances amounts to $901.50, and that this amount should be "as transferred from "Codifying Ordinances" to "_Publishing Ordinances and Reports, if non carried in the Budget, was before Council, whereupon Mr. Bear offered the following emergency 0rdtnamce: (~50891 AN ORDINANCE to amend and reenact Section ~1, "City Council" Ordinance adopted by the Council of the City of Roanoke, Virginia, on the , Of an 29th day of June, 1956, No. 4860, and entttled,'"An Ordinance making appropriations for tbs fiscal year beginning July 1, 1956, and ending June ( For full text of Ordinance see Ordinance Book No. 1937." 9, page 139_.). Mr. Bear moved the adoption of the 0rdinanoe. Wood, and adopted by the following vote: The morton was seconded by Mr. AYES: MesSrao Bear, good, and the Fresident, Mr. Small --3. NAY5: None ---0. RE, ND5 AND REBATES-ZONING: The City Clerk having been directed to ,~raft Resolution to refund J. $. Firestone $5.00 covering refund of advertisin~ fee posted with the Board of Zoning Appeals, presented same to Council; whereupon Mr. l~ood of- fared the following lAesolution: ( ~5090 ) A R~SOLU'I10A' to refund J. S. Firestone Zoning Appeals as advertising fee. $5.00 paid to the Board of For full text of Resolution see ordinance Book No. 9, page 139 Mr. ~ood moved the adoption of the ~esolution. The motion ~'as seconded by Mr. Bear, and adopted by the following vote: AYES: Messrs. Bear, ~ood, and the President, Mr. Small--5. NAYS: None---0. t/ountain Ion Lot ?, Block B, ~'lora and Company, REFUNDS ~iqD REBATE~-DE~.IN~UENT TAX DEPARTMENT: The question of refunding the Trust Bank ~62.b2 ~epresenting interest on delinquent real estate taxes Bungalow, was again that the property in check" ~as given for for the year 1931 standing in the name of J. Allen before Council. The information being before Council question bas in J. Allen Flora and Company's name when a "bad taxes for the year 19~1, and still stands in the same name, ithe Resolution presented for consideration failed to receive a motion for adoption; whereupon the City Clerk is dLrected to advise the Delinquent Tax Collector that .under the circumstances Council does not feel any legal or moral obligation to any delinquency in this case. MOTIONS ~ND M~ISCELLA~EOUS BUSINESS: CITY TREASURER: The City Treasurer submitted report for month of January 1937, 'showing collections of ~13,367.24, as compared with collections of $15,183.32 for tbs same month last year. The report is filed. SKATING: The President, the World-News of Monday, ~kattng on the sidewalks. i~r. Small, Febr uar y, ROANOKE WATE~ WORKS C0~A~-BRIEF: the City Attorney read before Council an Editorial appearing 1st, 1937, relative to the Question of roller The Question of printing Brief as prepared relative to the rate case of the Roanoke Water Works Company ~efore the State Corporation Commmission was before Council; whereupon Mr. Bear ,flared the followin~ Resolution: (~5091) A RESOL~I0~q authorizing and directing the printing of Brief in con- ~ection with the rate case of the Roanoke Water Works Company before the ;ion Commission. ( For full text of Resolution see ordinance Book No. 9, page 140). Nm. Bear moved the adoption of the Resolution. The motion was seconded by Mr. ~ood, and adopted by the following vote: AIRES: Messrs. Bear, Wood, and the President, Mr. Small --3. NAYS: None .... 0. 433 4-34 TRAFFIC CQDE; The communication from the Civil certain objections to t~e Traffic is directed to request Judge H. 8. regular meeting on Monday, raised. There being no and Police Justice registering Code was again before Council. The City Clerk Blrchfield to meet with Council at its next February 8, 1937, for a discussion of the questions further business, on motion, APPROVED duly aemnded, Council adjourned. Pres ident COUNCIL. REGULA~ MEETING, Monday, February $, 19~?. 435 The Council of the City of Roanoke Boom in the Municipal BuildinE, Monday, regulsr meeting hour. PRESF~iT: Messrs. Bear, Powell, Wood, and the President, Mr. Small--4. ABSENT: _Mr. ~inm---1 i on leave of absence ). fThe President, Mr. Small, presiding. 0FFICERb Pi~ES~21T: Mr. W. P. Hunter, City Manager, and Mr. C. E. Hunter, City Attorney. MIhUTES: It appearing that a copy of the minutes of the previous been furnished each member of Council, upon motion of 4~r. Wood, seconded by Mr. Bear, the reading is dispensed with, and the minutes a~proved as recorded. HEA~ING 0F CITIZENS UPON PUBLIC MA'ITERS: ROAN0~E ;,AT'ER ,:'O~KO Co~Ai~: The President, ~r. Small, announ_ced that at this order of business, Council would receive and consider proposals from engineering firms for survey and report on tae Carvin's Co~,e Dam site, in accordance with communication addressed to five engineering firms by the City Manager under date of J~nuary 20th, which letter was read before Council. Proposals from the following firms, personally submitted by representatives, were opened and read in open meeting: met in regular meeting in the Circuit Court1 February 8, 1937, at 2o'clock p. m., the meeting havinf FIRM REPRESENTATIVE M~}~ AMOUNT Burns & McDonnell Engineering Company Chester, Campbell, Davis & Bankson ~etcalf & Eddy Wiley and Wilson Fuller & McClintock Mac C. Bartlett $ E. Bankson Harrison P. Eddy, Jr. E. C. ~iley & W.M.Job~son F. C. Cunntngham 4,000.00 3,500.00 2,900.00 3,800.00 3,200.00 After reading of the proposals by the Clerk, the President, Mr. Small, announced it was the presumption of Council t_b_et the communication from ths City Manager and conferences with the City Mmnager and City Engineer were sufficiently clear to those submitting proposals to be in accord with the inquiry, and that if there was any question in the minds of any of the representatives present it might be well to make same kno-~n at this time. ~ M~r. Bankson, of the Chester, Campbell, Davis & Bankson, Engineers, called at- tention ~o an error in his proposal with reference to core drillings, it being the intention of his proposal to cover core drillings around the Dame site only. No other questions being raised, on motion of Mr. Bear, seconded by Mr. Powell~ Council recessed for an executive consideration of the proposals. After the recess,the President announced that, in order to expedite matters and save time of those present, Council would hear representatives of each of the firms five-minute discussion of same; whereupon those present as bids had previously submitting proposal in a retired and the representatives were heard in the rotation been presented. All representatives having been heard, the President, M~. Small, stated it was the' understanding of Council that the firm elected for this work is prepared to undertake same immediately, that for further consideration of the proposals, a Committee will be appointed composed of the City Attorney, the City ~anager and theI City Sngineer, and two members from Council, ~hich Comaflttee will make a definite report to Council within the next week and the position of Council communicated to the ~ngineering firn~ promptly, it being the opinion of Council it will be neoeesar to nave the report in not less than ninety days from date the work is undertaken, The President, Mr. 5mall, also expressed the thought that there were several angles to be considered in connection with employment of engineers for this survey, 'and that 'it 'could not be considered solely on a price basis as a bill of merchandis~ [might be, He expressed Council's thanks and appreciation for the time and interest ishown by the representatives and assured a definite and prompt conclusion. Later during the meeting, Messrs. '~alter ~'. Wood and James A. Bear were ap- pointed as the two members from Council, together with the City Attorney, the City Manager and t~e City Engineer for further consideration and report to Council on the question at a s~ecial meeting called for 4 o'clock p. m., Thursday, February M~I6CELLANEOUS: M~. G. ¥. E.romer appeared before Council and presented a four page~ typewritten paper which he read, offering certain suggestions for the bettermen~ of Roanoke. The paper is filed. ~:LECTOP~ B0~RD: Messrs. T. Howard Bowyer and ;,. W. Ridgeway, members of the LE~eo~oral Board, appeared before Council and presented communication requesting an app~'opria~ion oi~ ,1,182.60 for purchase of equipment for installing visible card system for regis~eri~g voteA~s in the office of the City Registrar, as well as authority to employ an extra clerk for two months to aid in installing same. The ~resident, ~Lr. Small, suggested that Council would be glad to consider this ~request in the preparation of' the next Budget; v;hereupon Mr. Bowyer advised that :~that would be entirely too late to undertake the work for this year. The corn_re_unica- tion is filed for future consideration. S~TING: ~Lr. Luck Gravitt appeared before Council and spoke briefly on the question o,f allo~'ing children to skate on sidewalks, asking that Council give serious consideration to amending the present 0rdt_~snce to permit skating. PETITi0~S ~d~UD COM~NICATIONS: CROSS-OVER: ~ request from F. D. St. Cia ir for permit to construct a cross-over .to accommodate property at 1~26 Salem Avenue, S. ;:'., was before Council, the City l~anager recommending t~at the permit be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager and offered the following Resolution: ' ~. {~50~2) ~ RV~0LUTION granting a permit to F. D. ~t. Clair to construct a concrete cross-over to accommodate property known as No. 1526 Salem Avenue, S.~'. ( For full text of Resolution see Ordinance Book No. 9, page 140 ). _~. Bear moved tae adoption of the Resolution. The motion was seconded by Mr. Powell and adopted by the follo~'ing vote: aYES: i~iessrs. Bear, Pomell, Wood, and the ~resident, Mr. Small--4. NAY~: None .... 0. LIBRARY: A communication from Mr. George S. Shackleford, Jr., President of the Roanoke Public Library, togetGer with copy of a communication from Miss Pearl hinesley, Librarian, with reference to purchase of a book truck and bulletin board Out of "equipment" funds appr6priated in the Budget was before Council, the Libraria ,advising t~at approval of the requisition has been denied by the Auditor because -the truck and bulletin board are not "steal." The City Cler~ is directed to confer with the City Auditor and to compliment him for his literal interpreSation of the Budget. In order that the equipment in question might be purchased, Mr. Powell offered the following Resolution: {~5093} A R~50LUTION authorizing purchase of book truck ami wall bulletin board for the Public Library out of "Equipment" funds Account No. 10~, already a ppropr i at ed. For full text of ~esolution see urdinance Book No. 9, page 141 ). Mr. Powell moved the adoption of the Hesolution. The motion ::as s~conded by Wood, and adopted by the following vote: AYe:S: ~essrs. Bear, Powell, ~ood, and the President, Mr. Small--4. N~8: None ---0. REPORT4 OF OFFICERS: R.~0RT 0F T~ CITY .~h~IAOER: The City Manager submitted report on ~'ork ac- complished and expenditures for the week ending January Ba, 1937, showing cost of garbage removal of fifty-seven (6?¢) cents. The report is filed. POLICE D~'~HT.~';MqT: Report from the Police Department and the Civil end Police Court for the month of December, 1936 was before Council. The report is filed. -! LICENSE: The City ~ttorney submitted written opinion on the question of collecting seat roll, tax for passenger motor vehicle carriers, as requested by the Commissioner oi' A;evenu.e, in connection with the Roanoke Railway & Electric Company, it being the opinion of the City Attorney that the Roanoke Hallway & Electric Company is exempt from its tax under provisions of ordinance Eo. ~694, in that the Company Days a tangible personal property tax to the City of Roanoke. In a discussion of the question it was the consensus of opinion that this tax could be levied by amenrlmeng to. the Ordfnrmce; whereupon the City Clerk is directed to carry this matter on file for consideration of the license tax for the yea~ 19~8, and to advise the Commissioner of Revenue of the City Attorney's opinion. ISSUING JUSTICE: The Gity Attorney submitted an opinion on the question cf fees for issuing civil warrsnts by the Issuing~ Justice, it being the opinion o? the City Attorney that the Issuing Justice has no right to r'equire payment of any ~fee to him, except such fees as may be for services rendered, and that collecting fees for docketing warrants in the Civil and Police Court should be hendled by that office. In this connection the Civil o~d Police Justice, appeared before Council and in a discussion of the question, before the warrants are docketed or continued, would be paid into his office, and that the Police Justice would instruct personnel of his office accordingly. The City Clerk is directed to send copies of the opinion to all in- terested officers of the City. H. S. Birchfteld, it was agree~d that that t~e fees, as required by law, PAH~S 'AND PLAYGROUNDS: The City Attorney reported, in exe_m_~.nation of title for Springwood Park adjoining other City property, there is some discrepancy es to t~e metes and bounds, and suggested that the City accept the deed as furnished by the present owners and'to later reach an agreement wit~ adjoining property owners for determination of boundary lines; whereupo~ Mr. Bear offered the.following Resolution: (~5094~ A RESOLD~I~N authorizing the City Attorney to certify title for Spring- wood Park, and to arrange with adjoining property owners for settle nmnt of boundary lines. ( For full text of Resolution see Ordinance Book No. 9, page _lAl.~. 437 ~ro Bear moved the adoption of the Resolution. The motion ess seconded by ~r. ?swell, and adopted by the following vote: AYES: Messrs. Bear, Ps,ell, Wood, and the President, ~r. Small--4. NAY~: None ---0. TRAFFIC CODE: Judge Harris S. Birchfield of the Civil and Police Court ap- peared before Council at its invitation tn connection with letter addressed t~ Councilman ~alter h. ~'ood under date of January g0, 1957, relative to certain sections of the new Traffic Code. The communication was discussed and the State Motor Vehicle Code consulted, it being the consensus of opi.nton that the City Code parallels the State law in ell the questions raised ~ith the excep- tion ~aat ander Section 71 of the ne~ City Code a typographical error has been by paragraphs, and both the City Traffic Code noted mherein "four hours" as shown should have been "twenty-four hours". It was also the consensus of opinion that under Section 122 of the State Code Council is without authority in changing penalties; but it may reduce fines as so provided. It was also suggested t~at the Civil and Police Justice submit to Council suggestions with reference to reduction in fines, and that the tTpographtcal error in oection ?1 of the City Code be c~rrected by amendment; whereupon Mr. Bear offer- ed t~e following Ordinance: (~5095) ~N ORDINANCE to ~nend and reenact Section 71 of an 0rdina~ce adopted by t~e Council of the City of Roanoke on the ll~h day of December 1936, ~5023 and entitled, "~q 0RDIN~CE to regulate the operation of vehicles on the public streets' · alleys and highways of the City of Roanoke, to govern and protect pedestrians ~kile using such streets, alleys and highways, to provide penalties for the violation of the provisions of this Ordinance, and to repeal all Ordinances or parts of 0rdt- nances in conflict with the provisions thereof." ( For full text of Ordinance see Ordinance Book No. 9, page 141). ~r. Bear moved the adoption of the Ordinance. The motion was seconded by Mr. Wood and adopted by the following vote: ~YES~ Messrs. Bear, NAYS: None---0. Powell, ~ood, and the President, Mr. Small--4. REPORTS OF C0r~TTEEs: None. UNFINISHED BUSINESS: None. CONSID~d~TION OF CLA~:S: None. INTRODJCTi0N AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BOND-ISSUE PARKS ;~ND PLAYGROUNDS: A communication from the Sinking Fund Commission, together with Resolution offering to purchase from the City of Roanoke a $48,000.00 bond issue, for purchase of land for Parks purposes approved by the freehold voters at an election held on the 9th day of ~a~uary, 1937, was before Council; whereupon _~r. Bear offered the following Resolution: RESOLUTION a~cepting the offer of the Sinking Fund Commission to purchase ~Aa,000.00 bond issue as authorized by the freehold voters at an election held on ~anuary 9, 1937, for purchase of land for parks. ( See Ordinance Book 9, Pa ~r. Bear reaved the adoption of the ~esolution. The motion was seconded by ~&r. Need and adopted by the following vote: ~e 142) AYF~: Messrso Bear, Powell, ~ood, and the President, l~IAYa i None .... O. NU~EHY $CH00LS-PUBLIG ~ELFAHE DEPARTMENT: The City ~anager reported tha~ it was the sense of a Committee appointed by Council that the second recommendation heretofore made to appropriate $~00.00 for rent, fuel, light ard water for the balance of the fiscal year ending June 50, 1957 for conduct of Nursery Sa%eels be adopted; ~hereupon Mr. Bear offered the following Resolution: (~5097) A RESOLUTION operation of Nursery year authorizing payment of ren~t, fuel, lights and water for Schools in a sum not exceeding $300.00 for balance of ftscal ending June 30, 1937, from funds appropriated for emergency relief. ( For full text of Resolution see ~rdinance Book No. 9, page 1~..~. Mr. Bear moved the adoption of the ~esolution. The motion was seconded by :~ood and adopted by the following vote: AYES: ~essrs. Bear, Powell, '~ood, and the President, Mr. ~mall ---4. I~AYS: None .... 0. REFUNDS ~ND H~BATES-D~LIN%UENT TAX DEt:ARTM~T; A communication from the Delinquent Tax Collector asking that refund be made E. B. Lemon /)or duplicate pay- mant of real estate taxes, the City Clerk advising that the request had been in- vestigated and £m~nd correc$:v:hereupon ~,r. Bear offered the following Resolution: (~5098) A REo0Loxlu~ authorizing refund of $7.09 to E. B Lemon for duplicate assessment on Lots 2 and 3, Section 3, Cundiff Map, for the year 1932. ( For full text of Resolution see ~rdinance Book No. 9, page Mr. Bear moved the adoption of the nesolution. ~r. Powell, and adopted by the following vote: AYES: A~essrs. Bear, Powell, ~ood, and the President, NAYS: None .... 0. 14,4.). The motion ~:'as seconded by Sma 11 -- 4. STREET~: The City Manager having recommended that C. L. use one-half of Seventh Street, N. ~., as per written report Lacy be permitted to ., filed, Mr. Wood ,: offered the following Resolution: (ff5099) A RE~0LUTION granting a permit to C. L. Lacy to use East one-holE of ,, 'Tt, h Street, iq. h., between Shenandoah Avenue and the Norfolk and i~estern Bailway right-of-way and fixing the rental therefor. J ( for full text of ~esolution see ~rdinance Book Eo. 9, page 145_). Mr. ~ood moved the adoption of the ~es~lu~ton. The motion was seconded by Mr. Bear and adopted by t~e following vote: AYES: ,..essrs. Bear, Powell, iiood, and the ~residen%, ~r. Small--4. NAYS: None ---0. TAXES: The question of providing for method of payment of City taxes of public service corporations having pre~Aviously been before Council, discussed, and copy of proposed Urdinance on the question havir~ been forwarded all interested parties,i and no objections being raised, Mr. Bear offered the following emergency 0rdin~nce.~ ($5100) AN ORDINANCE to provide for the payment of City taxes by public ser- vice corporations. ( For full text of Ordinance see urdinance Book No. 9, page.145-))- Bear moved the adoption of the.~rdinance. The motion E as seconded by Mm. Rowell and adopted by the following vote: 4'39 44O AYES: Messrs. Bear, Fomell, Wood, and the ~resident, ¼r. ~nall--4. NAYS: None ---0. 40NIIIG: The City Clerk reported advertisement had been inserted in the news- paper oallin~ for public hearing for 2 o'clock p. m., on Monday, February 2Z, 1957, !on the 'Attention was called to the fact unanimous opinion of Council question of re-zoning a certain portion of old Virginia College property. that this date is that the hearing a legal holiday, but it was would be held as advertised. PARKS AND PLAYGROUNDS: The City Clerk is dtreated to take necessary steps to ! making available funds for purchase of parks, as authorized by freeholders at an ? ~electlon held on January 9, 1937, and to present same to Council for its considera- tion at an adjourned meeting on Thursday, February llth. ~'0LIC~: DEPaH'£'MM~T; The City Manager reported request from W. H. Horton to con- tinue Jim Downs as opecial Officer to watch his vacant property. is authorized to continue the commission. The City Manager STR£ET LIGHTo; The City Manager reported on cost of installing lights on 21~ ~treet between Patterson Avenue and ~haffer's Crossing, advising that the cost of same would exceed Budget appropriation for this purpose for fiscal year ending June 30, 1937. He is directed to hold these installations in abeyance until con- sideratioa of the next Budget. BUDGET: The City Manager is directed to have prepared and ready for considers- tion of Council Budget for the next fiscal year on or before April 15, 1937. oTREE~o: The President, ELf. Small, brought to the attention of th~ City Manager the question of widening North Jefferson Street on the East side, from the Norfolk and ',estern RailE~y to Wells Avenue or beyond, utilizing the space between curb and the sidewalk which might be available for this purpose. vestigate the possibilities. Th~ City Manager will in- There being no further business, on motion of Mr. Bear, seconded by Mr. Wood, Council adjourned to reconvene at 4 o'clock p. m., on Thursday, February 11, 1937. APPROVED President 441. COUNC~IL, ADJOURNED ~.ETING, Th~sday, February, 11, 1937 The Council of the City of Roanoke met in Adjourned Meeting in the Circuit Court Room in the Municipal Building, Thursday, Februar2 11, 1937, at 4:30 o'clock p. PRE, gET: Messrs. Bear, Powell, Wood, and the President, Mr. Small--4. ABSE[~T: M~. Winn'---1. (Leave of Absence}. The President, M~. Small, presiding. 0FFICEP, S PRESEHT: Mr. '~'. P. Hunter, City Manager, and Mr. C. E. Hunter, City Attorney. H0~0/~E ',,'ATEH WOPd4S C~A~f: The President, br. Small, stated that this Adjourn- ed Meeting of Council is for the purpose of further consideration of proposals sub- mitred by engineering fir_ma for investigation of the Carvin's Cove project and for conside~'ation of report from a committee appointed from Council, which report was read before Council and the question of proper procedure to expedite t2e condemna- tion proceedings discussed; vJhereupon, _~r. Powell moved the adoption of the follow- ting report: "February 11, 1937. "To t~e Council of the City of Roanoke, "Roanoke, Virginia. "Gent 1 emen: "The undersigned committee appointed by Council at its regular meeting on Monday, February 8, 1937, to recommend a firm of technical experts to investigate and report on the Carvin's Cove project, met in Council Chambers at 2:00 o'clock lp. m., on February ll, 1937, and report as follows: "After carefully reading the letters of the City Manager to Burns & McDonnell Engineering Company Kansas City, Mo. Metcalf & Eddy Engineers Statler Bldg. Boston,Mass. iFuller & McClintock, Engineers ll Park Place, New Yark City. Chester, Campbell, Davis & Bankson, Engineers 150-?th St.PittsburEh,Pa. !¥'iley Wilson Lynckburg, Va. - -!] and the.ir proposals made in zes.pom~ to tae City Manager's letters, and after l conferr~ng ~ith.local engineer4 in ~hom the committee has confidence, your committee reached the conclusion, it is to t~e best interest of the City of R.oenoke that the I firm oi' Euller & McClintock, 11 Park Place, New York City, be retained to make the investigation and report in accordance wit~ their proposal. ~The committee further recommends that if it is agreeable with Fuller & McClintock and Burns & McDonnell Engineering Companies, the latter firm be engaged as consul- tant and in an advisory capacity during ~he progress of the work to be performed by Fuller & McClintock; provided, however, that Burns & McDonnell Engineering Company's charges in the matter are not considered unreasonable by Council. "Respect fully submitt ed: ( Signed ) "~alter ~'. ~ood, Jas. A. Bear, C. L. ~atkins, ~. P. Hunter, C. E. Hunter." The motion was seconded by 4Lt. Wood and adopted by the following vote: AYES: ~essrs. Bear, Powell, ~ood, and the President, ~Lr. Small--4. NAYS: None ---0. After a further discussion of the question, l~r. Powell offered the following Resolution: (~5101) A R.~0LUTION authorizing and directing the City Manager to communicate · ith the engineering firms of Fuller & McClintock and Burns & McDonnell Engineering1 C ompa n y. 442 ( For full text of Resolution see Ordinance Book No. 9, Page 1~4~. Mr, Povell moved the adoption of the Aiesolution, The motion was seconded bY Mr. ~ood and adopted by the following vote: and the President, Mr. Small--4. AYES: ,,essrs. Bear, Fowell, ~ood, N2Y~: l~one .... O. RO~OKE ~ATER ~OR~S COMPANY: The question of the Roanoke ~ater Works Company furnis2in~avallable data on the Garvtn's Cove project for the information of the engineers engaged for the work oi' survey and report was discussed. The City i Manager is requested to communicate wit~ the ~ster Company asking that verbal the engineers be confirmed in writing. t understanding as embodied in bib letter to The City Manager is further directed :Engineers, as a suggestion from Council, some preliminary thought to the possibility of the Oity- of Roanoke utilizing the Bent Mountain water source and also looking into the water supply of Roanoke River with the thought of ascertaining whether or not the City's needs could be supplied by reservoirs and ftlteration plants either from the Bent Mountain District or from the City,s ~ater rights on Roanoke' River at 5hank's Mill. LICEE~-~UTOMOBILE T~GS: ~ttention was brought to the City Manager with reference to certain automobiles operated in the City of Roanoke with improper to confer with Fuller & McClintock requesting that the engineering firm give license tags. P~ ~D PLAYG~i0UND~-T;~E~: The City ,~ttorney brought to the attention of Council the question of taxes for the current year on property to be acquired for 1937, '1 ~arks as authorized by the freehold voters at an election held on January 9, it being his recommendation that the City assume these taxes inasmuch as options were given on the property and the delay appears to be no fault of the present o~'ners: whereupon, ~r. Bear offered the following Resolution: (F5102) A RESOLUTION authorizing payment of taxes by the City on property authorized for parks at an election held on January 9, 1937. ( For full text of Resolution see Ordinance Book No. 9,. page 147 ). Mm. Bear moved t~e adoption of the ~esolution. The motion was seconded by Wood and adopted by the following vote: AYES: ~;essrs. Bear, Powell, Wood, and the President, Mr. Small--4. NAYS: i/one .... 0. There being no further business Council adjourned. APPROVED President COUNCIL, REGULAR MEETING, Monday, February 15, 1937. The Council of the City of Roanoke met in Regular Meeting in the Circuit Court Room in the ~tunicipal Building, Monday, February 15, 1937, at 2:00 o'clock p. m., the regular meeting hour. PH~mliT: Messrs. Bear, Powell, ~ood, and the President, Mr. Small--4. ABSENT: _~_r. 'Wins .... 1. (Leave of Absencel. The President, Mr. Small, presiding. OFFIC~ PB~aEIIT: Mr. '~'. P. Hunter, City Manager, and ',Mr. ~.' E. Hunter, City At torney. '~INUTES: It appearing that a copy of the minutes of the previous meeting havin~ been furnished each member of Council, upon motion of Mr. Bear, seconded by ~Zr.Wood, the reading is dispensed wit~, and the minutes approved as recorded. _HEARING OF CITIZ~_iNS UPON PUBLIC ~IATI'ERS: None. PETITIOE~ AND COkU~UNICaTIONS: VIHGINIA ~TaTE C~ER OF COmmERCE: A communicstion from the Virginia State Chamber of Commerce, with reference ~o members, hip in support of statewide industrial and publicity program on a one-half cent per capita basis, together with list of contributo~s, ~as before Council. The communication is filed.~ STRE£To: A petition from qualified voters and proper~y owners in ~e twelve and thirteen hundred blocks of Sixth Street, ~. E., asking t~at Council reject any ,i plan to widen Sixth Street,, and allow same to remain a forty foot street, was l:~fore Council. The petition is referred to the City Manager for consideration ~nd recommenda- rich. ZONING: A communication from the Board of Zoning Appeals designating the following territory in the vicinity of the Virginia College which mouti be affected I by changing the property from general residence to special residence district, was before Council. "Bounded on the east by Richelieu Avenue, on the north by Sth Street, on the west by the alley~ between Wycliff Avenue and Avenhem Avenue, and the line of this alley extended from 8th Stree~ to Audubon Road, and on the south by Aubudon Road and Valley Road." The communication is referred to .the City Manager with the request that he furnish Council plan in colors with boundary proposed by this recommendation and the location on the plan that the proposed apartment house ~ill be built. In this connection the City Clerk reported receipt of ~.00 from Mr. C. W. ~ramcis, Jr., covering cost of advertising the public hearing and called attention to t~e fact that no authority exists for compelling payment of this charge by the applicant. T~e Clerk is directed to return the check. Mr. Bear suggested in considering the question of re-zoning the area requested'~, Council place building restrictions in the area. It was the majority opinion of . Council that Council has no authority in this connection. ~i ZONING. = communication from the Board of Zoning Appeals, with reference to -' request of J. ~. Waynick, Jr., to change property on the Northeast corner of Grendin Road and Sherwood Avenue from general residence to special resid-ece~ district, wasI 444 before Council, the Board reoom~endin~ that the special residence district be exten~ on the h'est side of Grandin Road between Windsor Avenue and Sherwood Avenue to include Lot No. 51 and part of Lot 52, Block 15, Metropolitan Land Company, and Lot,, ~NOo 28, No. ~9, and No. 30, Block lb, Raleigh Court Corporation. The City Clerk is directed to insert advertisement in one of the local l~pers for public hearing pursuant to Article ~, Section 1, of the Zonin~ Ordinance. LICENSE: A communication from Judge John M. Hart, Commissioner of Revenue, -together ~ith letter from The Pullman Company, with reference to payment of license as provided for in Section lB7 of the City License Code, and asking that the City ,Attorney render an opinion in the matter, was before Council. The communication is referred to the Cit% Attorney with the request,ttmt he advise Council as to whether or not the section in question is applicable to The ~Pullmen Company. REPOHTS 0~' OFFIGER~: REPORT OF Tog CITY M~AGER: The City Manager submitted report of work accom- plisned and expenditures for the week ending February 4, 1937, showing cost of garbage removal as fifty-six cents. The report is filed. ~Tq DEP~kEM~'~T: Report from the Health Department for the month of January, 1~o7, ~as before Council. The report is filed. AL~oi~0USE: Heport from the Almshouse as submitted by the Public.~'elfare'Directo~ for month oi' January, 1937, ~as before Council. The report is referred to t~e City Manager with the request that he direct comparative information on the report for the same month of the previous year and also for the pant month. CR0~S-0VER: A request £rom H. D. Foutz for permit to construct cross-over .accom_modate property at 113 East Church Avenue, was before Council, the City Manager.i ,recOmmending that the permit be gg'anted. _~y. Bear moved that Council concur in the recommendation of the City Manager and offered the following ~esolution: ~5103) ~ R~.~unU~I0.~ granting a permit to H D Foutz to construct a concrete cross-over to accom~nodate property known as No. 11~ E. Church Avenue. For full text of Resolution see Ordinance Book No. 9, page 148). Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. '~'ood and adopted by the following vote: AYES: Messrs. Bear, Powell, ~ood, NaY~: None ---0. and the President, Mr. Small--4. REPORTO OF COMidITTEES: None. UNFIniSHED oUSI~q~S~: None. CONSIDERATION 0F CLAIMS: CLAIM-CITY SERGEANT: Bill amounting to $8.40 from Edgar L. Winstead, Deputy in the City Sergeant's office, representing difference in amount paid by the State a~d expense of transporting an inmate of the jail to the ~iestern State Hospita:l at Staunton, was before Council, the same being approved by the City Man-ger. [ The ~uestion as to whether or not this is a proper charge in view of the fact that automobile expenses are fixed by the Compensation Board and appropriated by City Council in a ldmp sum was discussed somewhat at length, Mr. Bear suggesting lin view of ti~e fact that Council has more ~ less obligated itself in conference With ~.. Mayhew to pay this ~mount a proper Resolution be drawn and in the future such expenditures be approved following Resolution: before incurred; ~here~pon, Mr. Bear offered the ( bl04) 58,40 in the name of Edgar L. Winstead, Deputy in the office ( ~or f~ll text of Resolution see Ordinance Book No. 9, Mr, Bear moved the adoption of the Resolution. Mr. ~ood and adopted by the following vote: A RESOLUTION directing the City Auditor to draw warrant amounting to '*ood, of the City Sergeant. page ~). The motion was seconded by AYES: ~lessrs. Bear, Powel!, I~AY5: None ---0. and the ~resident, Mr. Sma 11--4. INTR01~JCTION AND CON~IDEHATION OF 0HDINANCES ~ND RE~LU'I'IONS: BUDGET-RECRE~TION DEP~d~TM~.~: Th~ City Clerk presented memorandum from the City ~uditor advising that ,9.~? has been turned into the City Treasury by the ~ecreation Department, representing collection taken at football game, it being understood at a previous meeting of Council that such amount would be returned to the Recreation Department for payment of medical fees; zhereupon, Mr. Bear offered the follo~ing-Ordinance: ~f an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 'Zgth day of June, 1936, Eo 4860, and entitled, · "An Ordinance making appropriations for ti~e 'fiscal year beginning July l, 1936, and ending June 30, 1~37". ( For full text of Ordinance see ~rdinance Book No. (#5105) AN ORDINANCE to amend and reenact Section Fl00, "Recreation Department', Mr. Bear moved the adoption of tne urdinance. ~'ood and aGopted 0y the following vote: 9, page 148 _). The motion was seconded by .~dr. AYES. Messrs. Bear, Powell, Wood, NAYS: None ---0. MOTIONS ~ND k~IoCELLAEEOUo BUo±iq,.oS: and the President, ~,ir. Small--4. TRAFFIC 0HDINJ~NCE: The City Clerk brought to the attention of Council copy of .rmffic Ordinance recently adopted by the Town of Salem and reported that generally speaking the same par.allels the City of Roanoke's traffic Ordinance. ,,II~C~LI~]~Uo:. i&r. James A. Bear brought before Council and read a prepared statement with reference to lack of information on the part of the City relating to public utilities, their franchise, charter and centract rights which come before Council from time to time, and also read a'proposed Resolution directing the City ~uditor to 'collect, gather and collate for f~ture use information concerning the rate structure, fiscal set-up and-aopraisals of the several utilities operating in .tGe City of Roanoke, and to investigate the intercorporate relationship of local operating companies with other' corporate companies, either local or foreign, which ihe proposed offering. · ~fter a discussion of t~e prepared statement and the proposed Resolution, and the ~uestion being raised by members of'Council as to whether or not t~e Resolution is specific enough to be effective, and whether or not such a Resolution would rot lemand duties of the City Auditor 'impossible for him to perform, Mr. Bear agreed ~o changing the Resolution, empowering the President of Council to appoint a ~ommittee of one or more members from Council to cooperate ~ith the City Auditor in the work outlined. Mr. Bear offered the ~esolution as changed, but having received no second, the ~ame ~as lost, the suggestion being made that Mr. Bear re-~;rite his Resolution with vie~' of being more specific for consideration of Council ~t a later date. 445 446 ZNSUHAECE: The City Manager~ to6ether with Mr, C. Council complete information with reference to blamket L. ~tockdell, brought before end specific schedule o£ insurance covering'all insurable City properties, and advised that under the !proposed plan the insurance would be increased from $404,980.00 as now written to ~$1,022,840.O0,.with a saving to the City' of approximately $1,000.00 an_n_ually, a~d recommended that the insurance be written on the basis that it will hereafter resull in one-third falling due each year. After a discussion of the whole Question, Mr. Wood offered the followfrE o Resolution: (~5106) A RESOLUT'IOE authorizing and directing the City Manager to inaugurate, effective March 1, 1937, the policy of blanket and spJcific schedule of ~insurance covering all insurable City tmoperties, exclusive of schools. ( F°r full text °f nes°luit°n see Ordinance B°°k N°' 9' page 149')' "~.ir. ',ood mowed the adoration of the he so l ut l on . The motion was seconded by 5~r. Po-~ell and adopted by the follo~in~ vote: aY~o: iJessrs, oear, Porn. ell, "ood, and the President, ~r. Small--4. i N.~Y~: None ---0. 1 The City Manager is directed ~o file ¥~it'h the City Clerk all insurance polictesi, together w. itn schedule and such information pertinent to the question. P~AI~-iT-TEACi~}(R ASSOCI~TiON: A delegation oi' women from the Raleigh Court Section, headed by idrs. C. D. iiimes, representing the P. T. A., appeared before i Council ~nd asked that consideration be given for authority to construct a gymnasium and auditorium at Woodro~ ,ilson High School by the School Board. [ Mrs. Himes told Council of the lack of such facilities at the Woodrow Wilson Junior Hig~ ochool to make same comparable with other schools throughout the City, 'and ~fter a pro and con discussion and the delegation being advised that no funds are avilable for such building at this time, and there being some doubt as to whether or not the citizens would support a bond issue, Mrs. Himes suggested that Council encourage the School Board to build the gymnasium from money realized if the old post office building is sold. The delegation v, as assured by the ~'resident, recommendation come from the School Board, ¥;ill be given consideration. Mr. Small, that should a STR_i{b:TS-COEPL~INTo: M~rs. C. $. Angle appeared before Council and complained of closing of street by certain property o~mer in the vicinity of 28th Street, N. ~'., and asked that an investt- which greatly inconveniences residents-in that section, and if funds are available the Question , gation be made of the property owner's rights in the matter. The question is referred to the City Manager for investigation and to make report to Council, after which the City Clerk will advise Mrs. Angle accordingly. POLICE DEPi~RTM~N~I: The City Manager advised that the Special Police Officer's ~ term of employmen~ to ~atch vacant real estate expires on directed to continue the employment until ~larch 1, 1937. ~GENCY RELIEF: T~e City Manager reported expenditures of $135.26 and charged to "l~aergency Relief" for sending the police officers to Louisville to assist in flood relief work; ~hereupon, Mr. ~'ood offered t~he following Resolution: h~ebruary 18th. He is (~5107) A RESOLUTIOE authorizing expenditure of ~135.26 for defraying expenses in sending police officers to Louisville to assist in flood relief. ( For full text of Resolution see urdinance Book No. 9, page l. 49 ). Hr. Wood moved the adoption of the A~esolution, The motion was seconded by Hr. Powell and adopted by the following vote: AYES: Messrs. Bear, ?owell, ~ood, and the ~resident, None----0. SKATING: The City Manager reported an estimated cost of .constructing skating rinks in Parks of ~2,464.75 each, and submitted re~mmendatton from the Recreation Department of s,treets to be roped off for skating purposes.. Further action on the construction of skating rinks is deferred at this time and the City Manager is authorized to direct the Director of the Recreation Department to rope off the streets as recommended between the hours of 3:00 and 5:00 o'clock p. m,., beginning ~ednesday, February 17, 1937, for skating purposes, under the supervision of his department, and to keep an accurate check on those using same for submission at a later date'. NOIo~: The ~resident, Mr. Small, brought to the attengion of Council the ~uestlon of noises created by the blo,~ir~ or automobile horns in violation of the Traffic Ordinance and suggested that part of ~ection A8 dealing with this question be printed and that same be distributed by the Commissioner of nevenu~ and the Division of Motor Vehicle Commission at the time automobile tags are sold. The City Clerk ~as directed to secure bids on 15,000 copies of the section in question, to be printed on suitable stock and-size and to communicate with the Director of the Department of Motor Vehicles, ascertaining if he will authorize a distribution of these printed leaflets by the local manager. With further referenc= to t~e Motor Vehicle Commission, the City Manager is directed to ascertain if it will be practical for City tags to be sold at the State ~iotor Vehicle office by arranging to have'a representative from the Commissioner of nevenue's office and from the City Treasurer's office in order that the pdblic might be better accommodated without visiting two locations two or more blocks away for the procurement of license tags. The City Manager is also directed to communicate with the proper authorities of the Orate Motor Vehicle Department to ascertain if they would be interested in moving the present office on Henry Street to a vacant room be$onging to. the City on Commerce otreet in close proximity to the Municipal Buildiag. STREETS-BAILR~ SIDING: ~r. Moss A. Plunkett, Attorney for Leigh Huff, ap- peared before Council to ascertain if a permit could be granted for permission to construct a railroad siding to cross ~1orfolk Avenue between Jefferson and Nelson Streets, for the purpose of accommodating car tank gasoline for distribution pur- poses. After a discussion of the question it was the consensus of opinion of Council, as well as the City Manager, that the proposal was not a practical one. Mr. Plunkett. furtl~er was directed to confer/wigh the City Manager and if the proposal is found feasible the City Manager will report back to Council. FRANCHisE CHESAPW~E ~ND POTOMAC T~EPHONE COMPAi~: The City Clerk is dtrectedl to review franchise of the Chesapeake & Potomac Telephone Company and ascertain l~hether or not the City is due an additional telephone and revenu~ under the fran- chise as a result of increased number of telephones installed, and to report his findings to Council at its next regular meeting. 447 448 AND ~EBATES: Mrs. John M. Daniel appeared before 0ouncil asking that personal property taxes standing in the for tae estate of J. $. Daniel, for the year with penalty, be released. name of J. M. Daniel, ~xecutor 1955, amounting to $3.88, together The City Clerk is directed to investigate the request and report back to Council. being no £urt~er business, Council adjourned. APPROVED COUNC IL, REGULAR MEETING, Monday, February 22, 1937. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, February 22, 1937, at 2:00 o'clock p. m., the regular meeting hour. PRIEST: Messrs. Bear, Powell and ~;ood---3. ABSENT: Messrs. Small and ~inn---2. (Mr. Winn on leave of absence) O~FICF~RS PRESENT: Mr. ~. P. iiunter, City Manager, attorney. and bM. C. E. Hunter, City ~&INUT.ES: I~ appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of blt. Woods, seconded by ~!m. Powell, the reaaing is dispensed with, and the minutes approved as recorded. ZONING: The Chairman, ~&r. Bear, announced that the first order of business, and pursuant to advertisement in t~e newspaper, was hearing on the question of amending the Zoning Ordinance to change from residence to special residence district part of lot between Carolina ~venue and the corporate limits, known as the Virginia College property. '~ A large delegation of interested citizens both pro and con, headed by Attorneys horace M. Fox and S. K. Funkhouser, appeared before Council in connection ~'~ith the subject but was advised that in view of the fact s full membership of Council was not present and the Zoning Ordinance re,~uiring a four-filth's vote of Council to amend the Ordinance, it was suggested that the hearing be continued until a later tldate; whereupon, Mr. Powell moved that the hearing on amending the Zoning 0rdinance advertised for 2:00 o'clock on February 22nd, be continued until 2:00 o'clock, b;onday, March 8, 1937, in order that four-fifths of the members of Council might be present as provided for in ~rticle XI of the Zoning Ordinance. The motion was seconded by l,lr. ,ood and unanimously adopted. ~fHEETS: ~r. D. M. ~hitenack of 304 Roanoke ~venue, e]ppeared before Council and complained of c~osing of alley on James Street between Roanoke Avenue and Oxford .,venue, and also the closing of Mountain View Terrace, The City Manager advised that the question is a result of re-plotting of sub- divisions by land companies; whereupon, the matter was referred to the City Attorney and the City M. anager for investigation, report and recommendation, after which .~,Lr. ',hitenack will be advised. BUILDINGS: D!r. John Ford appeared before Council and presented petition askingt permission to construct a temporary "tabernacle" near the corner of Virginia and ;~,inborne Streets in Virginia ~ieights, to be used for revival services, .~. Ford advising that the building v:ould be used for a period of approximately three months;! Mr. Ford ?~as advised to confer with the Building Inspector and the City ~.anage~, after which Council will give further consideration to the question at its next regular meeting. CURB AND ~b~TER. The City Manager brought to the attention of Council the depletion of funds in the Curb and Gutter ~ccount and recom_mended that an appxopri-~ atton of ~0,000.00 be made for continuance of this work. 449 Mr. ~ood mowed that Council concur In the recommendation of the City Manager ~nd offered the following emergency Ordinance; (~5108] A~ ORDINANCE to amend and reenact Section No. 150, "Street Construction Df an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 29th !day of June, 1936, No. 4860, and entitled, .the fiscal year beginning July 1, 1936, and ending June 30, 1957." ( For full text of Ordinance see Ordinance Book No. 9,.page ._ ! i htr. ~ood me-ed the adoption of the Ordinance. Powell -~nd adopted by the following vote: "An Ordinance making appropriations for 150 . ) The motion was sec~ nded by Mr. AYES: Messrs. Bear, Powell and hood---3. N~YS: None---O. (Messrs. Small and ~inn absent) BVvW : u. LDIEGS-BLIND The City P:anager brought to the attention of Council a request for space on the ground floor in the Municipal Building for use of tile blind to sell ~. gazines, stating that before making any recommendation he would study of the request. prefer a further The question is referred to the City M~nager for further study and recom~nenda- tion to Council. oxL~T2D~G: The City ~Janager reported the experiment of roping off streets in various sections of the City, to be used for skating, was tried for one day and after nuunerous complaints wes discontinued, and recommended that the experiment be _~: ermanently disc ont inued. !.'.~. l~c¥~ell moved that Council concur in the recommendation of the City Manager that roping off of streets in various sections of the City Ibr skating be diacon- tinued and no further action be taken until further study by the City ~' ~.a na ger. motion '~'as seconded by Mr. hood sncl unanimously adopted. The The City 2~Aanager reported an investigation of the complaint of ~,~rs. C. S. angle, with reference to closing of service alley between Lots 6 end 7, Sectio~ 2, of the norton Place Map, indicates th, at such alleys exist for servicing all lots in ~ection g, which alleys have not been accepted or improved by the City and the question is nat one for Council to determine, which opinion was concurred in by the Gity ~,.tt, orney; whereupon, Mr. Powell moved that Council take no action in the complaint and the City Clerk so advise Mrs. Angle and suggest that the relief she is asking for is adequately covered by law. The motion was seconded by Mr. hood and unanimously ~dopted. R'~u~u__~'~'~''~E~ '~ATER '~;0RKS C0~'LPANY: The City Manager reported on progress of survey of Carvin's Cove project by engineers recently APPR0 VED engaged for such work. There being no further business, on motion of Mr. ¥~ood, Council adjourned. President. GOUNC IL, REGULAR ~ER~ING, Monday, March 1, 1937. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, !,:onday, ~arch 1, 1937, at 2:00 o'clock p. m., the regular meeting hour. PBES~T: Messrs. Bear, Powell, ~ood, and the President, Mr. Small--4. ABSENT: ~tr. Winn---1. The President, ~r. Small, presiding. 0FFICEHS FRESE~f: _~;r. ,. p. Hunter, City Manager, and ~r. C. E. Hunter, City Attorney. ~iIi;UT,ES: It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of i~'. Powell, seconded by ~Ir. hood, tee reading is dispensed 'with, and the minutes approved as recorded. }h/;AitING ~F CITIZENS. UPON PUBLIC I~TTi~S: BUILDING~-{TABERNACLE~: The Reverend John Ford, together };ith ~',~r. 0. P. '~'ilkina, representing the Seventh Day ~ventlsts, appeared before Council in ibm interest of the erection of a temporary tabernacle on '~',inborne Street between Virginia and ',estover .~venues in Virginia heights, which question v~as before Council at a previous meeting and referred to t~e City i,ianager for report. In this connection t~e City ~anager submitted report advising there are no provisions in the Zoning Ordinance or Building Code prohibiting the building of a~cb a tabernacle as is contemplated. During a discussion of the question and attention being called to nev~spaper article in which the Raleigh Court Civic League had gone on record as opposing such a building, ~Ir. :~ilkins advised that the committee appointed from the Civic League has withdrawn all objections since receipt of detailed information. The lteverend Ford in commenting on the subject advised Council it was contem- plated that the services would be operated six times per week in a building to be 80 x 1E0 feet, to seat approximately 15,000 people, to remove the building within six months. After further discussion of the question, and the representatives having and the people m'ould be willing agreed that they would enter into an agreement indemnifying the City to remove the taber- ' haole ~itain six months, ~r. Bear moved that Council recess f~r further considera- tion of the question. ., After the recess, the President, ~r. ~mall, advised that Council ia considering the request had reached the conclusion an application for construction of the build.-+. lng to be Used as a tabernacle should be made by proper officers sponsoring the service to the Building Inspector who would in all probability grant the permit f~r a temporary structure, with proper tdemnification that it will be removed, and re- quire proper plans and specifications as to fire protection, etc. The City I~anager is directed to confer with the Building Inspector with a view'~[. of issuing instructions in accordance v~ith understanding reached by Council INSUP~NCE: ~r. J. Barclay Andre~'s, representing Andrews Brothers Insurance, appeared before Council and registered complaint as to amount of insurance allotted! to his company under the blanket insurance policy recently authorized by Council. 1452 Mr. Andrews was advised that the apportionment of the insurance had been delegated to the City Manager and he would have to "make his peace with the City Mr. Andre~s stated he ~derstood the apportionment of the insurance had been delegated to the City Manager but desired to go on record in opposing the amount of ,10,000 allotted his company as being the proper proportion. ,. OROoS-oYm~o: ~n application from the Economy Oil Company, Incorporated, for !permit to construct four cross-overs to accommodate filling station on the Northeast~ ~Corner of ;,illiamson ~oad and Lynchburg Avenue, I~. ~., ~,~as before Council. The request is referred to the glty ~an~£er for lnvestigatlo'n, report and ree orarae n~a ti on o R~LI'~F-POLIC£ D~Ai~TL'£NT: ~ communication from Neville Miller, Mayor of Louis- villa, Kentucky, expressing appreciation for assistance rendered by the Roanoke 'iolicemen during the flood, was before Council. T~e City Clerk is directed to have photostatic copies made of the communication:t ~.and transmit to each member of the t'olice Department volunteering service ~nd 'participatim~ in flood relief activities in Louisville, together v;ith a communica- :tion expressing Jouncil's th~nks and appreciation for ~he excellent service rendered[ which douncil feels confident is shared in by the people of Roanoke generally. In this connection ,Jr. ,,ood brought to the attention of Council criticism regis-l. %ered in some quarters of s~lection of chauffeur to transport the officers to ~.ouisvil!e. The City ;:.anager advised t;~at this v, as v.'itl~out his knm,;ledge and he ~'~as~ · very sorry it naa happened. o~Tlh.J: 0everai communications ~itii reference to skating on the sidewalks, both pro and con, were before Souncil. The communications are filed. .~oomoo,~maTo. A communication from the Reverend J. D. Lundoa,~. t-'astor of the Emanuel Pilgrim Church, asking that ~ewer Assessment on Lot 9, ~ection 6~, ~elrose, amounting to $3?.60, with interest from March 1, 1923, be released in t~at the property is no,,¥ and has for the past t~;enty-four years been used for religious purposes, ~;.as befc~ e Counc il. t; The communication is referred to the City Clerk for investigation and more detailed information. !i T~: A communication from the Virginian Railway Company, with reference to installmen~ payment of taxes, ~;as before Council. The communication is referred to the City Treasurer for furnishing information requested. ~' FIH£;,0~tK~: A communication from Roy K Bro~n, Clerk of the Board of Supervisors of Roanoke County, advising ~hat no action will be takem on the ~rdinance for control >f shoo~iag and the sale of fireworks in the County, ~'as before Council. In t~nis coonection the City Attorney is directed to draft proper Resolution fori[ consideration!:, of Council at its next reg alar meeting for transmittal to tm League of Virginia ~unicipalities for presentation to the next Legislature, with a view of regulating and controlling tee s hoOtin~ and the sale of fireworks as a state-wide Proposit ion. ~ L~.~a~U~ 0F VI~±~ MIEAICIP~.LITI$S: A communication from the League. of Virginia ~[unicipali~ies~ announcing a short course for municipal fimnce officers, to be held in ~4ichmond on March 23rd and 24th, was before Council. The communication is referred to the City Auditor. I LEAGUE OF VIHGINIA ~iUN1GIP~LIiI~s A communication from the League of Virginia Mun£cipalities, with reference to list distribution o£ Year Book for 1936 and 1937, ~was bef~e Council. It appearing that all interested parties have received copies of the Year Book, the communication is filed· LEAGUE OF VIHGINI~ L~UNICIP~'~LITIhS: A communication from the League of Virginia ~unicipallties, toget~Aer ~ith memorandum with reference to Sund~y closing regulatiorf of ~he ~BC Board, ~s before Council. The communic~tion is filed. -P~-,~U~'. OF VIHGii~IA MUNICI~.~LIi'IAo: A communication from the League of Virginia ~unicipalities in tn, form of a questionnaire, asking for certain informa- tion ~ith refeA'ence to relief problem in the City of Roanoke, the said questionnaire having been filled out by t~e De~artme~t of ~ublic .elfare, m~as before Council and discussed. In this connection the City i, lanage~ presented re~ort from the Department of !Public ,elfare sho~ing summary of the family a~d child welfare unit of the Departmenl icl l~ublic ,,elfare for period from July, 1936, t~ru January, 1937. The City Cler~ is directed to file the reports and make no ackno~'.ledgement. ~i[~P~HT: A communication from the Department oi~ Commerce, together w..'ith form letter covering space ccc:pied by the Bureau of Air Commerce located at the Liunicipal ~irport, ~,as before Cou2cml. Tn, City Clerk is directed to prepare proper Hesolution authorizing the signing ~f the lease by tn, City and changing the ~o J ulle, 19~9. REP O~TS OF expiration date of same from June, 1945, ~=~: The City ;',~ianageA- submitted reports of work accom- plished and expenditures for ~'ee~s ending February llth and February 18th, 19Z7 ~ho~'.'ing cost of garbage removal as 59 cents and 55.9 cents respectively. The reports are filed. ~TREmT LIGHT: The City ~anager submitted report and recommended the installation' of l-lC0 C. P. stree~ light at the intersection of 7th Street and Mill Street, N.E. l,Ar. Bear moved that Council concur in the recommendation of the City Manager andi offered the following ~esolution: (#5110) A H£OOLUTION authorizing the installation of a Street Light at the intersection of 7th ~tree~ and ~ill Street ( For full text o~ Resolution see ordinance Book No. 9, page 1~1 ) Mr. Bear moved the adoption of the Resolution. The motion was seconded by Mr. ~ood and adopted by the following vote: AYES: ~essrs. Bear, Powell, Wood, and the President, ~r. Small--4. N~Y~: None---O (~r Winn absent). APPOI~qT~E~tTS-FIHE DEP~T~T: The City Manager reported the resignation of J. T. garter, Fireman, effective Februar~ 1, 19~?, and t~ appointment of Ralph Lee Stin~ett, age ~, effective as of ~ebruary 16, 19~7. The report is filed. ALMSHOUSE: T~e City ~lanager submitted reports from the A_lmshouse as transmitted ~y the Department oi' Public ;,elfare for the months of November and December, 1936, Iud January, 1937, showing comparative cost for the same months of last year. The reports are referred to t~e City Manager for investigation and to secure ~eport from the Director of the Department of Public "elfare as to reason for a comparative increase in expenses for the month of January, 1937, over the same month in 19~6, and to submit same to Council at the first opportunity. 454 LIGEI~SE: A communication from the City Attorney, with reference to the request of the Commissioner of Revenue relative to the imposition of license tax against the Pullman Company as provided for in Section 127 of the License Code, was before ;ouncil, the City ~ttorney giving as his opinion that Section 224 of the State Tax Code precludes the City from imposing a License Tax against the Pullman Company. The City Clerk is directed to forward copies of the opinion to the Commissioner of ,~evenue for his information. BE~-oi~To ~ C0~.',LIT~EES: None. UNFINI~i~ED BUSINESS: None. CONSiD,~ki~TlON OF CL~: None. ~TH0~CTION ~D CON~DE~TION 0F 0AOIN~CEo ~D RESOLUi'ION~: R~ ~'i'~TE-P~LICE D~L,~,T. It was brought to the attention of Council t~t '.no authorization has been made for the ~plo~ent or special police officer to watch ~vacant real estaze, ~,nereu~-on, Mr. %,cod offered the following Re~lutioa: (Fblll) a HLOOLUilON authorizing employment of special officer to watch vacant real estate for period from November 20, 1906, to March l, 19~7. ( For full text of hesolution see ur'dinance .Book No. 9, page 15!)- Mr. ,,ood moved the adoption of the i{esolution. The motion vJas seconded by Mr. Po~ell and adopted by the following vote: AYES: Messrs. Bear, Po~:ell, ",cod, and the }resident, Mr. Small---4. N~yo: None .... O. f ~t this juncture the President, ~Ir. Small, relinquished the Chair to Vice-Chair~- ~man Bear for ~he introduction of several Eesalutions: ~L~a. T~e City Clerk brought befo~'e 'Council a ~esolution authorizing the CiTY ~ -"-' establishment of a ten dollar petty cash fund for the purpose of making change in 'his department, as a result of some cbmplaint being registered in the Treasurer's !office in ~king change. ~fter a discussion of the question, '~. Small offered the following Resolution: (~5109) A R,,,o~nU~I~ authorizing a petty cash fund of ~10 00 for the office of the City Clerk. ( For full text of I~esolution see Ordinance Book No. 9, page 150). ~'. omall moved the adoption of the l{esolution. The motion v,~as seconded by Mr. Po~,ell and adopted by the follov,ing vote: AYES: Eessrs. Bear, t:omell, Wood, and the President, Mr. Small--4. N=Ys: None ---0. TR~FIC CODE: l~r. small brought to the attention of Council the question of enforcing ~ection 48 of the Traffic Code having to do with blowing of horns and warning devices and offered the following Resolution: (~511B) ~ ELSOLUTIuN requesting the City ~anager to furnish Council monthly statement sho~ing number of arrests and convictions under the provisions of Section ~48 of the Traffic Code. Mr. Small moved ti~e adoption of the i~esolution. ~ihtr. Wood .and adopted by the following vote: ( ~or full text of Resolution see Ordinance Book No. 9, page _!.5%......). The motion was seconded by · ~ ~, '~ood and the President, AYES: ~iessrs Dear, Po,ell, , i;~Y~: None---0. ktr. Small-4. TRAFFIC: ~[r. Small brought to the attention of Council the necessity for better regulation, enforcement and administration of traffic control in the City of Roanoke and offered the following Resolution: (~5113) A ~AEO0LUTION proved lng for the appointment of two members of Council to act in conjunction with the City ~anager and Civil and ~'olice Justice as a committee of four to investigate, consider and recommend to Council the regulation, enforcement and administra'tion of traffic control in the City of Roanoke. ( For full text oi' Resolution see ~rdinance Book No. 9, page ~1~52). ~r. ~mall moved the adoption of the nesolution. ~r. i owell end adopted by the following vote: AYe: ~essrs. Bear, Powell, The motion v0as seconded by ~,'ood, and the President, ~r. Small--4. None .... O. in this connection the Committee composed of' }Zessrs. J. a. Bear and H. S. ~0inn, appointed ~n January 11, 19~?, to consider t~e establishment of a Public Safety i~ep~rtment and to report its findings to Council as provided for in Resolution No. 5059, is appointed under the provisions of nesolution No. 5113, for submission of ire~°rt ~afOre'June 1, 19~?'· T~XEO: ~Lr. Small brought to the attention of Council the question of officers ~.and employees delincuent in their 1936 taxes, also the question of delinquent license taxes for the year 1937, and offered the following Resolution: (~511~) A HESOLU%'ICi,~ requesting the City Manager to submit statement On or ~efore April 1st, showing names of all delinquent officers and employees in taxes ,for the year 19~6, also requestin~ the Con~aissioner of ~evenue to submit statement showing names of firms, ~artnerships or corporations delinquent in license taxes. ( For full.text of Resolution see 0rdin~nce Book Ho ~,'page 't ' ' 1dr. Small moved the ado~tion of the Resolution. The motion '~';as seconded by I~2. ~iood and adopted by tee followir~ vote: AYe: 2..~essrs. Bear, Po%~,ell, Wood, and the t£esident, i~r. Small--4. NAYo: None ---0. ~ ' t ' Bi{IDGAo-WA~'~LNA: !~r. Sm~ll brought to the attention of Council the question of ~rocuring PWA information ~,;itn' r~ference to the erection of bridge over the Virginiar~ tracks to the ,asena section, v~hich question v, as discussed somev~hat at length, ~ir. Small offering the follow, lng ~esolution: (~5115)- X R~0LUTICI'~ authorizing and directing the City Manager to confer ~ith }'h'A officers in ~ichmond for the p~pose of procuring information relative to t~ erection of nex~ bridge over Virginian Railway tracks to ~asena section. ( For full text of Resolution see Ordinance Book No. 9, page 15~). ~. Small moved th~ adoption of ~he ~emlution. The motion ~vas seconded by ~. Powell and adopted by the following vote: AYES: ~essrs. ~ear, i.o~el'l, Wood, and the President, Mr Smll--~ N~YS: None---0.. ~0TION~ AND ~C~.!,~0US BU6~S: · CI~ T~6b~ER: The City ~ea~rer submitted report sho~ing .}lg,14g.~9 collected' this amount being ~,010.~¢ d.ess then February ~or the month of ~ebruary, 19~?, The report, is filed. 455 456 In this connection the ~resident, Mr. Small, brought to the attention of the City Treasurer and Council the question of installing machines for the writing of tax tickets and land book in one operation, advising that Council would in all probability want to discuss the question of installing these machines before replac. ing any of the present equipment. ~ P,~JLS-BONDS: The City Clerk brought to the attention of Council ~!forty-eight bonds for purchase of land for park purposes, advising execution of same the receipt of that after the by the Mayor, Treasurer and the City Clerk they would be ready for delivery to the Sinking Fund. CURB-GUTtER AI~D SIDE',,ALK: The City Clerk reported collection of $8,582.50 for Curb-Gutter and Sidewalk construction during the month of February and an additional' collection of ~2,209.04 on March 1st, the dead line for receiving payment before the increase to thirty-five cents per lineal foot for this work. The question of z~roviding '.PA labor for these projects in a manner t~ get the best results ~'as discussed with the City Manager. ZONING: Tee City ~lerk brought to the attention of Council advertisement for hearing on amending the Zoning Ordinance to change from general residence to special residence district property on Grandin Road, Grandin Court, as petitioned by ~r. J. '~,. ;,aynick, Jr., ~:nich hearing is set for E o'clock p. m. March 8, 19~?. In a discussion of the question, the President, i.lr. Small, advised that he expected to be absent from the City at the next meeting of Council on March 8th, and suggested that the hearing be held pursuant to the advertisement, and that in vie%~ of the fact it required a four-fifths vote of Council to amend the Ordinance, that action on same be deferred until a later meeting; however, should opposition .arise, the hearing be continued until i~,arch E9th, at ~hich time a full membership :of Council is expected. /.0NI~G: In a discussion of hearing on amending the Zoning Ordinance to permit the erection of an apartment building on property in South Roanoke known as the .Virginia College property, m'hich hearing v,'as set for February 22, 19~7, and in the' 'absence of a four-fifths membership of Council continued until Liarch 8th, it was ithe unanimous opinion of Council that the hearing should again be continued until '.',larch 29~h, at ~:hich time a full membership of Council is expected. ? ~ In t~,is connection, the City Clerk is directed to advise I,:.r.S.k. Funkhouser and ~dr. horace M. Fox, ~ttorneys ~;'ho previously appeared .representing both pro and con factions, of Council's action in' continuing the hearing; also LLr. C. '~,. Francis, Jr., Realtor, ~.ho petitioned for the change. The City Clerk is also directed to icoCmunicate ~it~', ~2r. n. o. ',inn, Councilman, advising that the meeting has been scheduled for :,'arch 29th, and that Council hopes very much that he will be in a ~'.posi,ior~ to return and take his seat in Council that day, in order that the question might be disposed of. i THAF£iC COD,;: ~s directed by Council at a previous meeting, the City Clerk 'reported an estimated cost of ap~.roxirnately ,~;?.,?.00 for printing lO,O00 copies of excerpt from the Traffic Code dealing with horns and Sound making devices., ithe consensus of opinion that the excerpt "~ood o~fered t~e follo'~'ing ~esolution: i (~5116) A R~0LUTION authorizing and directing the City 'Clerk to have printed iexcerot from the Traffic Code having to do ~;ith horns and warning devices . ( For full text of Resolution see Ordinance Book No. 9, page 153 .) It being should be printed in leaflet form, Mr. Mr. ';,odd moved the adoptioa of the Resolution. The motion wes seconded by ~r. lowell and adopted by the follo~'lng vote: AYES: I~essrs. Bear, Powell, ;rood, and the President, htr. Small .... 4. NAYS: 14ome .... O. FRAI'.J~J~I.~ iAOAD BRIDGE PROP~TY: A draft of deed made the 8th day of April, between ,. ~,. Draper and '~ena ~,. Draper, his wife, and the City of H~anoke, for pro~erty proposed to be used for the construction of the Franklin Road Bridge at a coAAsideration of ~Zb.O0, ~'as before Council, the City Manager advising that in view of the fact ~'.~r. Draper refused to return the deed in time to use the property in question for right-of-way purposes, the City h~d constructed the said bridge without the use of the property, it being his opinion that the City has no need for same at this time. in vie~ of the circumstances, as above enumerated, the owrers having failed to ~texecute~' the deed until the 8th day of February, 19J?, the City Clerk is directed to ~return the deed to L~r. Draper and advise ~hat the City is not interested in purchas- lng this right-of-way at this time. The City ~anager brought before Council plat show;lng proposed improve- ~ents on ~ixtn Otreet, o. h., bet','~een i,~urray and ~.dorrill .~venues, which question was previously before Council in the form of a petition from property o~.ners asking that the City take no action in ~idening the street and the same be allo~ed to remain forty foot width. The question is referred to the City l.~anager and the City Attorney for drafting proper ~e sol ut ion to carry into effect the recoc~nendation of the City ~ienager and for the protection of the City's interest for encroachment by property o~rsrs. ~TREE£S: The City ~ansger brought before Council an offer from ~,,. T. Brodie for sale of certain property at a price of ¢100.00 for straightening ~orrill Avenue. The City Clerk is directed to ascertain amount of taxes, server assessment, and ~ther liens, if any, standing against the property. ROanOKE WATER ;',0Ri:~ C01~_'_~.~Y: Th'e City l::[anager reported kk'. Whitlock of Fuller l~cClintock is on duty in connection ~;ith the survey of the Carvin's Cove Dam and representative of Burns ~ ~cDonnell Engineering Company will be in l:~oanoke on [~onday, i'.~arc~ 8th for conference with Council. H0.4i{Oi.~'. B.~ ~a.,.5o~CI~TION: 1~. John D. Carr, head~.ng tl~ Library Committee of the i~oanoke Bar association, appeared before Council and asked that some consideration be given to provide ample space for housing the Lev; Library in the Eunicipal Building, ~he present space no~' assigned being overcrowded, and suggested that space no~' il°ccupied by ~e health Department be assigned for this purpose. . L. Downing, part-time I~ufficient funds in order that a full-time colored led at a salary of ~ll5.00 per month. Ina discussion of the question it v~as suggested that some rearrangement of the ',ourts might be effected and a portion of the Circuit Court Hoom might be assigned for the Law Library. It was suggested that the Library Committee confer with the Judge of the Circuit}i ~ourt and ascertain if there ~';ill be any objection to wovkin~ out such a solution. JUVENILE M~D DO~ESTI~ RELATIONS COURT: Judge R. O. Whittle of the Juvenile and ~omestic Relations Court appeared before Council and reported the death of Reverend colored probation officer, and asked that Council appropriaSe probation officer might be appoint- ~. Small, suggested that this In a discussion of the question, the President, be provided for in consideration of the next Budget beginning July 1st. ~tr. Bear 457 458 opposed the delay, suggesting that the matter b'e considered at this time, stating, however, that he ~ould be opposed to the proposed salary figure, which resulted in. a discussioa of the qualifications of the pers'on to be appointed, it being the consensus of opinion of Council that such an appointee should be a resident of the $ity of doanoke. ~fter a further discussion of the question, L~r. Powell moved that the Budget be supplemented in order that the full-time colored probation officer might be e,~ployed as of 5larch 1st at a salary of ~11~.00 per month. The motion was seconded' .~ ~,~ Bear offered an amendment to Mr Po~ell's motion, that the salary be fixed [at ,100.00 per month. There being no second to his motion, the amendmeut was lost ~and the motion of Councilman Powell adopted by the following vote: ~i AYES: ~essrs. t-dwell, i, ood, and the President, i.;r. Stroll---3. NAYS: None---O. i~0T VOTiEG: ~Lr. Bear---1. (Opposed to ~mount of salary only)- It al~pearing that the amount of $538.44 shown in the Budget for the part-time colored probatio~ officer would have to be supplemented the amount of $280.52, ~.~. ~owell offered the following emergency Ordinance: (gbll?) Ak 0RD~iE~i~CE to amend and reenact Section ~16, "Juveaile and Domestic "of an Ordinance adopted by the Council of the City of Hoaroke, i{elations Court, . Virginia, on the 29th da~., of June, 1936, No. 4860, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1., 19~6, and ending June ( For full. text of Ordinance see Ordinance Book No. 9, page 15.4 .) idr. t:o~.ell moved the adoption of the 0rdiname. The motion was seconded by ~,Lr. ,,odd and adopted by the follo~,;ing vote: AYES: Messrs. Powell, ,odd, and the President, i'&r. Snail---3. NAYS: l,Lr. Bear*--1. ~i'iiEETs: The City .~ttorney submitted copy of communication addressed to D. M. with reference to his complaint regsrding closing of alley on Jsmes ~hitenack, ~4treet between ~oanoke and Oxford .~.venues, it being the opinion of the City AttorneTi ' ' ~ ~'q-~t the controversy is one in which the City has .no interest and being a private one should be settled by the individual property owners. CLX: Councilman ,,odd reported notice of judgment served on him against the gity in ti~e c~se of Sallie Stone versus t~e City of Roanoke, and that the same had bee~ turned over to the City ~,ttorney for protection of the ~mty's interest There being no further business, on motion of l,'ir. Bear, seconded by Mr. 'i;ood, Council adjourned. ~PPR0 VED 00UN¢IL, REGULAR Monday, March 8, The-Council of the City of Boanoke met in regular meeting in the Circuit Court Room in the ~,iunictpal Building, Mondey, l,iarch 8, 1937, at 2:00 o'clock p. m., the reguler meeting hour, k'R£O,..~,l': Messrs Bear, lowell and ;~'ood ~ ~E[~'I': ~essrs. o~11 and .,t~ ........... Z. ~ The Vice-Chalrman~ ~,~. Oeer, .~residl'ng. ~ 0FFiC~o ~~: ~.... p. iiunger, City l~anager, and ~:r. C. ~ Hunger, City :i · ~ttornay.. ~ · ,~: It appearing that a copy of the minutes of the previous meeting having O~en furnished eac~ member of Council, 'upon motion of l:r. ,,'cod, seconded by !,:r. Po~ell, the readins is dispensed ~'.iti~, and the minutes a~i~roved es recorded. Lui.~il;J: }'ursuant to notice appearing in th= Roaa'oke ',,orld-News under date of ff=bruary 19, 19~7, calling i'or hearing at ~:00 o'clock on i,:arch 8, 1937, on the question of' amending the £oning urdinance, to change from general residence to s~:ecial r=sidence district ~ots ~os. 31 and 3~., Block 15, Metropolitan Land Company, and Lots Nos. 28, 29' and 3C, Block 10, Raleigh Court Corporation on the %'~est side oi' Grandin Road berM;ten ;,,indsor and ~nerw~ood ~venues, as petitioned by l,lr. John ;,. ;,aynick, Jr., the question %~,as before Council. It %'.as brought to the attention of Council that it requires a fourth-fifths vote of Council ~o am=nd the /,onin& urdinance, and in vie~; of t;:'o members being absent, on motion of ,~'. ,;cod, seconded by L:r. Po%~,'ell the hearing is continued until t~e regular meetin~ of Council on :.,;arch 29, 1937. Later during the meeting I~. Blair J. Fishbu.rn and ~,.dr. I(.. F. Ring appeared fore Council and registered objection to rezoning the entire ~est side of block on Orandin Road between iiindsor and ,~her,,;,ood Avenues. They were advised the hearing has been continued until the date above mentioned. COk2PL~.I~T~-CIVIL -~-_~ POLICE JUSTICE: I~. Russell Hensley appeared before Council and registered complaint against i,:r. ~iarris ~. Birchfield, Judge of The tCivil and .~-olice Court, alleging tn. at the Judge hsd reduced fines and penalties on .. [ t~.o cases appealed from his Court during the year 1935 to the hustings Court after the same had been remanded back to his Court, and asked that Council make an invest iga t ion. ~e also:registered complaint against ~udge Birchfield in the handling of a ~,Teci~ in '~nici~ his ox;'n car ~'as involved, stating that the same ~;as graveling at an excessive rate of speed at the time of the accident, and asked, that Council make investigation of this question ' iL~ ~ensley ~..~s ~dvised that his complaints ~,~uld be taken ur, der consideration~ by Counc il. R0~i~0~ i'UB~{GULO~IS ~SSOCIATION: A communication from the Rom oke Tuberculosis association asking for permission to place mor'e than fifteen patients (~,~hite) in the before Otate Sanatoria so long as the Budget appropriation is not exceeded, Council. 459 460 The City Manager recommended that this authority be granted u~til Juae ~0, 1937, the expiration date of the present fiscal Budget; whereupon, Mr. Powell moved that Couactl concur in the recommendation of the City Manager and offered the :following Resolut ion: (F5118) A RESOLUTION authorizing the admitting of white tubercular patients in the 5tate Sanatoria at Oatawba over and above the number 'Budget for fiscal year ending Jtme 30, 1937, the cost of !Budget ap~ropr iat ion. .i ( For full text of Resolution see Ordinance Book No. 9, page ~dr Po~ell moved the adoption of tis Resolution. The motion 'i~. ;,ood and adopted by the following vote: designated in the same not to exceed the 154 . ) was seco nd'ed by ~YES: ~essrs. t-or;ell, ,,cod, and the Vice-Chairman, ~dr. Bear---5. NAYs: None---O. (idessrs. Small and ;,inn absent) PUBLIC ~,i~J.~kqE DEq~{TLENT: A conununlcation from the Director of the Department o~~ ~ublic ,elfare m~ith reference to admitting ;,. B. Jarrett, an indigent patimut, to hospital in ~ic~mond at a cos~ of ~5.00 per day, for an operation, ~as before Council, ~he Director advising that it ~as not practice. 1 for the operation to be ~-~rformed in .~oanoke and Dr. Coleman of Richmond he~ consented to perform the operation ~','ithout cost, providing the expenses of the hospital are paid. i~..ood moved that the City i,,2anager be directed to authorize the admittance or this ~tient to the hospital in Richmond and after receSpt of the bill for ex- Denses.~roper transfer of funds be made for payment of same. The motion was !seconded by I~. ]~lowell and unanimously adopted. ~,on~uom: ~ communication from ~r J. ~. Fallwell, Director of the Public .~,,elfare Departm=:~t, i~itn r~fe~'ence to comparative cost of the Almshouse for the ; ..re°nth or Janu-~ry, 1957, over January, 1956, ~as before Council. :: U~yor Oraall haVing requested this information at a previous meeting of Council,:i the communication is laid over for a later meeting. NOio£: ~ communication from ~. h. Lookabill making certain suggestions for the control smd regulation of unnecessary noises, ~;as before Cour~il. The communication is filed. -~o~~,,~Uo: .~ communication from the ,orkers -~lliance asking that Council contribute funds to sen~ t~enty to twenty-five delegates to the National Conference in ,ashington on ~arch 10th and l~th, ~as before Council· filed. The communication is Ui;1TED oT~T£o CONFEi~EECE UF LLAYOHs: ~ communication from the United States Confez. ence of ~&ayors, together %,ith reprint from the Congressional Record, v~ith reference to the ,agner Housing Bill, introduced in both Houses of Congress, ~as before Council. The communication is filed. HEP0~TO ~' OFF~CEHS: REP~T OF Trim CiTY M~i~G~%: !: plished and expenditures for the ~'eek ending ~. garbage removal as ~5.7 cents per cubic yard. The City ~,ianager submitted report of work accom- February 25, 1937, sho~ing cost of The report is filed. H,~.,O~ HOSPiT~: The City L. lanager submitted report of patients treated at Roanoke Gospital for the month of January, 1937, showing £~6 days' treatment at a cost of ~708.00, as compared with E~b days at a cost of ~675.00 for the same month last year, balance due the hospital as of January 01st being ,?l.10. The report ~ is filed. ,I BURt{~Z.L MI,:uORIAL tiOJPITAL: The City Manager submitted report of patients treated at the Burrell ~iemorial Hospital for ttxe month of January, 1937, showing 151 days' treatment at a cost of $453.00 as compared with 211 days treatment for January, 1936, at a cost of ,533.00, balance due the hospital as of January 31st being $88.82. The report is filed· ~TR~'£~: The City Cler~ presented statement sho~'~ing ~197.41 representing se~er assess ant and t~xes on Lot 3, Block lb, Section A Buena Vista, standing in the · name el Dr. B. Id. burst, this being the ~roperty a ~urt of ~;hich has been offered the City for street widening purposes by ,.. ~. Brodle at a price of ~100.00. Tile City ~anager is directed to advise Mr. Brodie if and when he has repossessed the property and cleared the title to the pro£~erty the City will be interested in negotiating ~ith him for acquiring rrm triangle in question at a price of $100.00. : Sh',,.:.~ ,,o5EOO.'d~QT: The City Clerk submitted sketch and statement sho~ing property o~.ned by the h~mmanuel Pilgrim Church ~nd the location of the property on ~.'hich there is ~ se~.er assessment amounting to .~69.18, including interest, ~';hich amount the ~ '~hmmanuel i~ilgrim Church has asked be released. The sketch presented also shows property transferred from ti~ Emmanuel Pilgrim Church to the La~;yers Title Insurance Company on October 1, 1936. The cuestion is referred to the City .~ttorney for further investigation, r¢i..ort and recommendation. i{0~N0i~ T'GB~dCULo~lO ..oo~,l~,l~,~: .~ communication, together %':ith statement =mountin6 to ,1O~.00 covering hospital expenses of John B. Ballant_~ne, a Roanoke Tuberculosis ,,ssociation patient at the University of Virginia Hospital, v~as before jouncil. The statement imving been approved by the City Manager, i~M. Wood offered the follo¥;ing i{esolution: (~5119) A RES~LUTION authorizing payment of ~100.00 covering hospital expenses t:.of Jonn B. Ballantine, a Roanoke Tuberculosis Association patient.. ( For full text of Besolution see Ordinance Book No. 9, page_-_---155). l,~'lr. ;,ood moved the adoption oi' the Resolution. The motion ~,as seconded by ~Ir. Porn-ell and adopted by the fcllowing vote: AY~o: Messrs. ~omell, ,ood, and the Vice-Chairman, I~r. Bear--3. N~Yo: None ---0. INTi{uDHCT i~iq .d~D G 0No IDER~Tt0N 0 F 0i{DI N~NCES .~ND RE:30Lb~T IONS: AIEP0i{T: The request of the United States Government through the Bureau of ..,.ir Commerce for a ~esolution authorizing the City hlanager to execute 'lease '~ith the United 6rates Goverr~ent for occupancy of premises at the Municipal Airport used by the Bureau of .,.ir Commerce, having previously been before Council, ~as again before the body. The City Manager and the City Attorney approving draft of Resolution as ~'~r. Po~ell offered the following: presented, of t~" (#OlZ0) ~ ~ounu'~x · authorizing the City ~ansger to execute on behalf City of Roanoke lease wits the United states Government for occupancy of premises~ii' at the Municipal .~irport. ( For full text of i{esolution see Ordinance Book No. 9, page 10~5). " 462 ~r..Powell moved the a.doption of the aesolution. The motion was 'seconded by ~r. hood end adopted by the following vote: ~YE~. Messrs Po~ell, Wood, and the Vice-Chairman, Mr Bear ---3. Non e .... 0. ' -' ~'' ~' '- Off ~IRE,ui~J~S-LEAGUm VIRGINIA MUNiCIPALITIEo: Tl~e City Attorney having been directed to ~.repare a Resolution to importune the League of Virginia Municipalities to cause to be enacted a statute regulating and controlling the sale end use of fir ~orks in the orate of Virginia, presented same to Council; whereupon, Mr.. Wood of- feted the follow, lng ,~esolution: {~b121) ~ RESOLUTION importuning thc. League of Virginia Municipalities to use its endeavors to cause to be enacted a s.tatute prohibiting the sale and use of fire~-orks, except under restrictions. For full text oi' iiesolution see urdinance Book No. 9, page 156). Mr. ',odd moved the adoption of ti~e desolution. The motion was seconded by i:~.~:, t-'o~ell and actopted by 'c:ie following vote: ~Y~: ~essrs. ~o~-,el£, .,ood, and the ¥ice-Chairman, Mr~ Bear --5. NAYS: None .... 0. UNi,~ o~~ C~h~Aug oF idAY0~: The City %ttorney brought before Council a statement amounting to w2O.00 representing service fees for membership in the institute of i~unicio~l La~' Officers Association as sponsored by the United States Conference of ;~ayors, the City .4.ttorney advising that the service rendered by this organization is or valuable assistance to him in keeping informed of new ordinances and o~ini~ns dealing %?ith ldunicipal Government, and recommended that the City of .RoanoKe subscribe to the membership. The City Clerk is directed to advise the Institute of ~unicipal Lay; Officers Ithat this g. ues~ion has been before Counc~.l and considered and in as much as there :,are no funds available in the City's Budget for this purpose for this fiscal year :ending June 30, 19o7, Council v;ill aoubtless give this matter favorable consideratio~n '~.in pre~.aration of the next Budget effective July ist, and in ti~e interim if there i is any question about furnishing the' bulletins to the City ~ttorney that Council ibc so advised. BiilDG~LS-Fr~L~Li~ R0~D: The City ~ttorney brought to the attention of Council i: };draft of ~esolutioa prat;areal at t~e suggestion of ~ttorneys for the Norfolk and ; ,:.astern Rally, ay Company .~roviding for the elim_'! nat ion of grade crossing on Franklin ? i!Road over rue i,lorfol~ and ,estern Rail}~ay tracks. ; ;, In this cormection the City Manager brought before Council blue print showing preliminary plan for the elimination of the crossing in question, advising that all phases oi' the question are in their preliminary stages at this time, it being nec- il essary to adopt Resolution in.order that the Norfolk ~ ;~,estern Railway Company may i~have same for use in makin~ proper application and do other .things neceDsary to :~ ilexpedite, the elimination of the crossing, ii i~' After a further discussion of the question and the City Attorney advising that ![ ~the adoption of the ~esolution %'ould in no ¥;ay obligate the City for the expendit~e 'iof funds, Er. Po'~ell offered tae follow;lng Resolution: (F5122) A RESoLUTIOH I~oviding for application to the Norfolk and hestern Rail-~,ay Company for the elimination of the grade crossing over Franklin Road, in City of Roanoke. II ( For full text of Resolution see Ordinance Book No. 9, page 157_).. Mr. Powell moved the adoption of the i{esolution. The motion was seconded by ~&r. ,ood and adopted by the follo~ing vote: AY,~iS: laessrs. Po~ell, ,ood, and the Vice-Chairman, ~'.r. Bear ---5. NAYo: None ---0. The City attorney brought before Council communication from t.~ City ~lerk mltn reference to drafting a hesolution providing for carrying into effect the recommendation of the City IZanage~' for proposed street imt.~rove:.~ent on Sixth ~treet, ~. E., betv;een Ldurray and ~dorrill ~venues, the City Attorney recommending that no Resolution be edopte~ in this connection, but that the City Nansger be authorized 'to carry out his recommendation by motion; ~e. reuD, on, ~,ir, Po~ell moved that Council aD~rove the recommendction Dresented by the City ~an~ger for the con- struction o~' curb ~nd gutter on Sixth ~treet, S E., bet~een ~,~urray and ~orrill .~venues, providing for a width betv,~een, curbs of thirty feet, it being understood that Souncil in no ¥.-~y abandons or relinquishes any p~rt of the right-of-v, ay for Sixth otreet on eit~er side of the curb, ~:hich total right-of-~:ay is no~ fifty feet in ~idth The - ' ' . . . m~t~on uas seconded oy ,,.r ,,ood and unanimously adopted invitation of ~ ~ ~ouncil ~.~r. ~h~ster ~. omith of the firm of burns ~nd 2,-cDonnell Engineering Co,aD, any ai~eared before Council for a discussion of ti~e question of retention of his firm ~s consulting engineers for ~rvey und rei:ort of tn~ ~rvz s Cove d~m no¥. oe. zng made by Fuller and Lc~l~ntock. Mr. F. G. Ctuuningham, together ~itn ~ir. E. ~. ;;hitlock of the firm of Fuller and ~cClintock, 'also apD~eared before Council, .,htr. Cunningham giving briefly the ~progress of the ~.~ork no~ bein~] Derformed by his company. After discussion of the question with the two engine'ering firms and the repre- }sentatives stating that there ¥.~ould be no difficulty about the tvo companies collabo:~a- Jting in the pre~;aration of the reports and the ,,,ork generally, representatives of IFuiler and 2,~cCiintock retired and Council discussed ,,¥iti~ ~ir, ~mith the cost of his ~servi~es as consultant, bo~h in connection ;;ith the Carvin's Cove project and ~?ork ¥,hich ~dight be required both in brin.~ing report up to date and testimony in con- detonation proceedings of the Roanok~ Water '~orks Company before the local Court. htr. ~mith outlined briefly fees to be charged by his company both as consul-~nt:i on t~e Carvin's ~ove ~roject, ~nd if retained in connection :~'itn the condemnation '~roceedings; whereupon, Council neklan executive session for further cor~idera~on of the question later convening and ad¥ising ~r. ~mith that it ~as the consensus of iopinion %nat his proposal as outlined verb~ly v;ould be satisfactory to Council, and" i asked that ne ~.ut his ~ro~osal in ~'~riting and present same to Council at an Adjourned eetin~_ to be held at "' ' · ~.00 o clock on hiarch 9~ 1~, for further consideration. i~OGS: ~,dr..Pop, ell brougi~t to the attention of Council the question of giving further consideration to the prohibiting of hogs within the City li~.~ts of Roanoke, i-~hich question ~as p~eviously before Council and laid over. The City Clerk is directed to bring the file on the subject befc~e Council at its next regular meeting. ! ~LgY~T ~ERVI~:. ~ir. ~o¥~ell brought to the attention of Council and. the Cityli '~.~anager the question of ~,hether or not the City is to furn.ish janitor service to the Employment oervice Bureau and v:as advised that this service was not to be furnished ~y t~e City, the City agreeing to fUrnish s~ace, heat, light and u~ater only. .I 463 .464 There being no further business, on motion of ~r. Council adjourned until ~:00 o'clock, March 9, 1997. APPROVED Mood, seconded by Mr. Powell President 1! 165 COUNCIL, ,~DJOUitNED ~ETING, Tuesday, Nlarc~ 9, 1937. The Council oi' ti~e City oi' iAoanoke met in ~djourned 4~eeting in the Circuit Cour Room in the ~unicipal Building, Tuesday, i,iarch 9, 19o?, at B:O0 o'cloc~ p. m. PHE~S~T: ~essrs. Bear, Powell, ~d ~ood .... ~. . ' ~ Ie ~n~,T. Messrs. o~ll e:~d ,,i~ ........ '~ The Wice-C~irman, Mr. Bear, presiding. 0FFICE~ ~no~L~: ~ ,. P. ~iunter, City A~anager, arid ~d~'. C. E. Hunter, City ~ttorney. RO~i.~ ,,.~T~ ,,~,~ C0~'~Y: The Chairm~n, ~r. Bear, stated the Adjourned ~ ~eeting ~as for the purpose of ~'eceiving proposal from Burn ~ ~,~c Donnell Engineering Company for services as consultant on ~ne S~rvin's Cove project of the Roanoke Water t ;,orks and other services in connection with condemnation proceedings, ~d other business that might properly come before Council. ' T~e Chair recognized Er. C. ~.¥ ~iunter, Cit.~- Attorney, ~ho presented ~nd read the follo~',ing communication from ~,]r. Chester A.Sh~th of the Burns end L~cDonnell Engineer- lng Company, ~ho v.a$ present at ~he meeting; "M~rch 9, 1937, "Council of the City of Hoanoke, "Roanoke, Virginia. "Gentlemen: I'~o "In conformity w~it~ you~- request, ~e submit the following proposal of terms for engineering services in connection with the properties of the Ro~uoke ;,ater ~,0or~s Company, kno~,'.n as the Carvin's Cove Project, and other services proposed ~e rendered in connection M~itf~ the contemplated condemnation by the City of · ~oanoke ,,ater ~,orks '~' _ . ~om~any' s pro~,erties "First: CAHVIN' J COVE ',~AI'~H SUPPLY II~VEOTIGATION. "~,e agree to make personal examinations and investigations of this project nd collaborate ~ith and revie~ the facts, findings, rapports and esti_m~__ res of Fuller ~ ~icClintock, Consulting Engineers of Ne~.~ York, retained by the City, for investigation of Carvin's Cove dam as to its physical condition, value and suitability of the Carvin's Cove project as a source of ~ater supply for the City of ~Aoanoke and its adaption to the present distribution system. A report of such investigations and our reco~mnendations shall be furnished the City after completion of ~he necessary field work and computations. The compensation for this w'ork shall be a per diem rate of ,75.00, plus traveling and hotel expenses, for member of the firm or principal associate engaged in the v~ork. It is estimated that this work ~Jill not exceed 14 days. "Second: REV~LUATICN FOR ~0~DE421A~O~ t-UL~'0S£~: "We agree ~o bring the inventory of t~e Company's property made by us as of December 31, 1935, up to a specific date, and to revalue all items as of such specific date, ~'hich is to be fixed by agreement between the City and Company, or ~y the court in tA~e proposed condemnation proceedings. The compensation for this service shall be the lump sum of $750.00. "Third: ~LP~T TESTi~d0NY IN COND~T'I~£< PHOC~ING~: "It is agreed that the engineers shall furnish such expert testimony as may be required by the City before any court or commission. The service furnished shall be by a member of the firm or principal associate engineer or expert scco~ntant, as t~e City may require. The consideration for such services shall be on a per diem basis at the rate of ~75.00 per day, plus traveling and hotel expenses for the services of a member of the firm or associate member, and the sum of ,50.00 per day, ~lus traveling expenses, for ~ne services of an exper~ accountant, ~hen the same shall be required. ( ~igned ) "Respectfully submitted, BURNS & ~icD0k~N~LL ~IN~J~ING BY Chester ~. Smith." 466 the After a discussion of the communication and methods of procedure in handling ~;ork, and it being a6reed that the engineers end the City Attorney would collaborate on tl~e qhestion of procedure, Mr. '"ood offered the ~bllowin6 Resolution: (~5123) A i~OLUTION accepting the proposal of Burns & EcDonnell Engineering ~omp~ny to perform services connected ~,ith proposed condemnation of properties !of Roanoke .ater ~orks Com~aay. ;' ~uge 157 ) ( ~or full text of ~esolution see ~rdinance Book .,o. 9, ~ ~ · ~.~[r. ,,ood ~oved ti~e ~doition of the i~esolution. The motion %'as seconded io~ell and adoi~,ted by the ~Yio: ,~essrs. ~o~.ell, EAYo: None---0. (Eessrs. .~fter the adoition of t~e invited to sit follo~,~ ing -ood, and the Small and ,,inn absent). ~{esolution, idr. Cunningham mission of re~;orts, w~itP, both fir-us of £01~ ING: The Resolution ad¥isinr- ai~p. roved in ~n a discussion of and v:as also ~dvised engineers on this phase vote: adopted t:--t ti;ere ~,~'" as ~rovided by BUDGET: The "itl,'~ t the ~ ~. by necessitate ~'ould require Vice-Chairm~n, i~a'. Bear --5. do:la ¥;ou!d but of Fuller and McClintock the question of the survey and the sub- that the City Attorney ¥~ould collaborate of the ¥~ork. City Attorney brought to the attention =t the time the Comprehensive City Plan some question as to zhether or not ia¥.. ~[o:~e and also transferring The Ci~"~, Council after same There bain? Mana6er brought to the at the Library, or funds in the of Council copy of was presented to Council, the plan had ever been attention of Council %~ork being advising that in all probability it Budget for completion of the :'.'ork, no additional a~i~ropriation. ~=nager is direc~ad to continue the ¥,~ork has been com[~letea for transfer of the no further business, Council adjourned. A} PiQ 0 VED and submit statement funds allotted. to Pre s i den t ,! ¢0UNC IL, REGULjRR MEETING, 5{onday, ~larch 15, 1937. The Council of the City el' Roanoke met in regular meeting in the Circuit Court Room in the 2~unicipal building, ~onday, i,mrch 1O, 1907, at 2:00 o'clock p. m., the regular meeting hour. P~{,,.~T: idessrs. -Bear, Pow~ell, ,cod, ~nd the l~resideat, 2,ir. ~mall--4. ABOM~T: Mr. .inn .... 1. The tresiden~, -,r. omall, presiding. 0FF1C..~h~ ~'RE~mi;'x': l,lr. ,,. ~. ~unter, City ~darmger, and ~.2r. G. E. Hunter, City ~t torne y. ~,iiiit"l'~: it ap~,earin~ that a coicy of tae ~inutes of the p~revious meeting having been furnished e=Ca member of Council, upon motion of Mr. Bear, seconded by .Ur. %';cod, the repaint is dispensed %it~, and t~e minutes aD£,~roved as recorded. ii~:u~l.NG u~- GITIZ,~No UPON }UBLIC · ~. ~. nal~mond appeared before Council ~it~ ['urtner reference to right-of-~ay to open .,elcn _~venue bet%;een l,.[artin l%oaa and Greenbrier avenue, and asked ti:at Council modify the £~rovisions of ordinance i~o. 4931 and permit him to clo~e a l, orti~n of ~..artin ~oa,~, the questioa havin~ previously been before Courcil and saia ~rdinance Lo. 4931, adopted on the 28th day of ~ugust, 1936, ~rovidin~ for changes in lock,ion of hign;..ay, the City to donate certain right-of-v;ay in exchange for a tv, o foot strip of land on the Northern side of ::'artin Road from the l:esterly :- side el' Federal RoeU to the center of '~,elch Road by deed from tke said C. ~. ii,amend. ~.;:r_ . na~,~ond in conjunction ~',it:~ tae Cf.t"-~ -~ttorney _tresented blue _rrints shot;lng the.~ro~os=d cnan_~es~ as i. rovided for b';., the ~rdinance .and also blue print _crepared under the direction of" '. .,~ ~:ai~,~ond, %,hich print Council ~-.as advised has been re- corded and is contrary to the agreement reached ~:iti~ Council on the 28th day of ~ugus%, 1936, as covered b-y ~rdinance i,!o. 49~1. The City .~ttorney advised tLat to follo~ ti~e ~lan 'of the blue print as recorded it ~ould be impossible to carry out the ~ro~isions and intent of the Ordinance· During a discussion of the question the City ~an:uger recommended that tar. ha~.r~ond be required to follo,~ the intent of the Ordinance and that he should not bei permi~te~ to close a portion of i].artin Road as no~,: ~.ro~osed, ~'~hich v~uld deny access to City property; ,,'.,'hereupon, I~2r. Bear moved that Council concur in the recommendation of the City ,..~nager~'~ and that the request of !.Sr. Hammond be denied. The motion was seconded by i~r. t>o~:ell ~nd unanimously e. dopted. The 'ity Clerk is directed to carry this ~rdinance in his open file and if the!l i~rovisions of same are not carried out x~ithin a reasonable time to bring same before Council ~'~ith a vie~ o~.' repealing same· '~' ~ ~'~'.~ ' · G '~' iienry i~ianager of the Roanoke Gas Light Company, a~:eared be£ore Council and r3resented schedule "E" and "EE", showing combination gas rates for range, automatic heater and refrigerator, as no~; in effect, also schedule sho~.~ing optional service rate, ~;hich the Gas Company contem£1a~es together ~ith support-;i submitting to ~ne State Cori~,oration Oo.~nission i'or a_tproval, ing data· 467 468 ~fter a discussion of the question and Council being assured by }~r. Henry that the i,roposed rates ~':ould result in a rechction to gas consumers, Mr. Bear moved tha Council receive the schedules and a copy of same be for~arded to the State Corpora- tion So:~ission, advising that Council has gone on record as favoring the changes Tin accordance ~.:ita t~e schedule submitted. Ci%OoS-CVER: An a_~i. lic~tion from ~. D. Johnson for perutit to construct a con- crete cross-ower to acconm:~odate i:roierty at ?0~ i,~urshall Avenue, $. W., ~as before ~ouncil, the '~ y" nager recon~nending that ti~e l ermit be granted " ~it ~a · ~r. Lood moved that ~ouncil conc~ in the recoxmnendation of the City ~na~er and of'£e~'ed the fo!ioui~ Resolution: (woi~=) ~ ~x=~=~I~... grant~r~s = ~ermit to =., Johnson to construct a con- crete cross-over to a¢co:maod~te ~roi. ert"~ kno%':n as ?02 5tarshall .~venue, 1~8 ( For full text or Resolution see ~'rdinance Book No. 9, Dage ,~j Ill ~ . l 1. [ The motion :.as seconded by Idr. f -! ih'. ,,ood moved %he =do£,tion of the Resolution. Beur and adopted by ~i,c follo%,ing vote: .=Y~o: ,,.es-~rs o~r, i-ouell, ,ood, and the kresident, i,ir Omall--4 None---0. ( ;dr. ,,im~ absent). FI,~.;.~.,.~: k communic~tion from t~e League of Virginia Municipalities acknowledg- ing recei.['~.t of hesolation Eo ¢121, i.,.itn reference to enactment of stat ute prohibi- ting the sale and use of fire~',orks throughout tlie State of Virginia, ~,as before Council. The co:m'aunication is fil~ o~,.,..-.~ ~N~inU~_,Ic.,~-,,i,~,~I.~,~oO~ RO~D: ,~ communiestion from the Clerk of the Board! 'of Oupervisors oi' Roanoke County, enclosin~ coi;ies of hesolutions passed at a regular meeting: of t.~e Board on october 19, 1966, in connection ~':ith the i~illiamson Road ~enitary ~e~,er District for connection ~.,itn the City of Roanoke's sewer system, ~'~as before Council. The Sity .Attorney 5dvised tLat he has examined the i<esolutions, and conditions providea for are being compiled %',ith so far as the ',~'ork has ~dvanced at this time, and that the matzer %.,ould be follo'~,ed and all provisions met before t~e sev;er is connecSed %,ira the City. fne co~uunic~tion is filed. I' .~.. communication £rom ~L~ fl, o. ~inn advi$in~ that he will return to ~o~noke in time to ~ttend the meetin~ on March ~gth, ~;as before Oouncil. The co~mmunicatioa is filed. ,. ~' .... -~n~,,,: .~ communication from ~ir. J. n. Fallwell, Director of the Department ['of i:ublic ..elfare, y;ith reference to expenditures at the ~lmshouse, v:as before ' Counc il. In this connection i~ir. Po~:ell moved that the City Manager be directed to re_cues~ the Dei}artment or Public '.,elfare in submitting these reports to Council to show cumulative comparative figures fr~m month to month for the operation of the Almshous The motion ;,as seconded by ~ir. Bear and unanimously adopted. iby the Department oi' Public .elfare showing expenditures of ~647.07, as compared i'~:ith ¢8~4.?0 for 'the ssme month in 19,56, and ,~8o4.97 for the previous month, was before Council. The re~,ort is filed. =~;'~zSn0U6E: heport from the &lmshouse for the month of I;iarch, 1937, as submitted~ TP~FFIC ~,,::T~.,~. The City Clerk submitted to Council copy of excerpt of Section ~48 from the Traffic Code dealin~ ,~,ith noises, as printed under authority of Council i! at a previous meeting. SIDEW~It AND CURB-GUTTER CON~TBUCTION: The City Clerk brought to the attention of Council ~idewalk project on North side of 'l'azewell Avenue, S. E., between 4th and 8th ~tree~s, as prepared under the supervision of the City Manager, advising that the assessments against property owners have all been paid with the exception of three lots, the owneA, s of which are non-residents of the City of Roanoke, and that throug~ a misunderstanding the non-resident members were led to believe that payment of these assess,~ents ~ould be accepted on the old basis even though present, ed after ~A~ch 1st, the d~te the ne~ rate went into effect . On motion, duly seconded and unanimously adopted, the City Clerk is authorized i to accept the checks as tendered in full payment. JUV',~NInE ~ND D~.~I~ iiEL;fzluN~ COURT: A communication from Judge Randolph G. '~,hittle of t~e Juvenile end Domestic Relations Court advising that Dr. E. R. Dudley has been appointed as colored probation officer effective as of ~.;..arch 15, 19~?, was before Council. The City Clerk is directed to communicate v~ith ~udge ~,hittle and ascertain if Council is correc~ in its understanding that the appointment is for full time duties in conformity v;itn aut~ority granted by Council st a previous meeting and %'.~hether or not or. Dudley exlects ~o discontinue the practice of his pz'ofession. R~iP0[<i' ~f' 'i'~,'~ CITY "' ' '~"': ~-~=~'~R: The City Liana get submitted re~ort of v,'ork accom- plished and expenditures ibr week ending March 4, l~b?, showing cost of garbage remova~ as bO.?/ per cubic yard. The report is filed. CROoo-OV~iHS: The City i.,~anager submitted report and blue print w~ith reference to a£~.plication oi' t~e Economy ~il Company for permit to construct two thirty foot cross-overs on Lynchburg Avenue and t%'~o thirty foot cross-overs on Northern approach into lot located at the i~ortneast Corner of Lynchburg ~venue to accommodate fillingi station, aha reco.'~mnended that ~e permits be granted. After a discussion of the question of radius at the intersect in of Lynchburg ~venue and '.illiamson Road action is delayed in order that members of Council v~ho so dcsire may ~m~e an oi~portunity of viewing the location. In this connection ~ir. Bear called to the attention of the City !danager a pro- posed filling station to be located on the corner of 2&th Street and Shenando~h 2~venue, and asked that the Building inspector be requested to confer v,'ith the City ~ ~anager before issuing the permit. : B:~Z~LTr' Dm]f,~'i'~,~T: neport from the health Department for the manta of February,' 1937, '~as before Council. The report is filed. LI~o-.. ~ communication from the City ~ttorney attaching letter from the Go~m.~on~ealth ~ttorney, asking that certain regulations be adopted governing old gold deale~'s, v. as before Oouncil. On motion of i.,kr. Bear, seconded by .,ir. ~,ood, the question is referred to the City -~ttorney %;'ith the request that he confer %:ith the Com~mon%',ealth Attorney for drafting of i~ro_r, er Ordirmnce for the regulation of the old gold dealers under discussion. in t~s connection L_r. Lescure of the Co~ssioner of ;{avenue's office was invited before Council to advise practice of issuing license to old gold dealers, wh6 advised that only one license has been issued for this class of merchant in City of Roanoke, ~..'hich license %',as issued under ~ection 101 of the License Code 469 470 providing for a ,.e~chant's License, end that recently the manager of this condern brought before Court in connection with the possession of stolen Jewelry, since which time his license has been transferred to another party. Darin~ a discussion of the {uestion ~Ir. R. S. Smith, Commonwealth Attorney, appeared before ~o.uncil and discussed ttAe subject briefly, after which the City Attorney ~as directed ~o' confer with Judge Hart, the Commissioner of Revenue, witii a vie~ o~' revoking the transfer of the license, and the City Clerk is directed to ~request thc Commissioner o~ aevenue to a~pear before Council at its next regular meeting ~it~ i'ur~her reference to the subject. juLL,~E,J,~LTn ~Ti'~iE~Y: :dr. R. S. Smith, Co~on~ealth Attorney, appeared before Council and advised that ne had made a tentative selection of an Assistant Common- ~,~enlth ~ttorney rot his office, suggesting the name of ~,lr. Fred A. Gentry to begin 'duties effective as of ~%~.ril 1st, and upon inquiry from '..~r. Bear as to v,'hether or ~not ~he ussis~an~ v,'ould be ~ full time man, ,V'~. J~ith advised that he would. to submit to Council the nomination in :',~riting ~964, adopted by Council on the 2nd day of Virginia The " ~." ~o.,~.:on~,ealth ;~ttoz'ney u~as advised as .~.rovided for in ~{~solution o¢%ober, 1936, for confirmation. ,.~=.~ u= V~.-~l.-,l,, .iU--,~'J~'=LI~I=S: ~ communication item t~ League .,lanici~,~lities, ,~skin~ that Council desi~nnte i.e~.resentatives to attend ~'fficers ,chool to be held in iiicLmond on March 2brd and-gQth under the of Carl~natters'~"~, ;',~s before Co~cil. t he Muni ci direction The $ity Ciera. is dLrected to ack:~o'~,ied~e receipt of the communication and to advise that t~,e $ity of' ,~oanoke %'~ill not have re~:resentatives attend this meeting, but as members of the ,~eague %',ould like to have detailed report of the meeting in order' t;~a~ same might be referred to the City ~,~ditor for study and further con- ~sideration. :of Jsnuary, 1937, of n£VENUE: Report from the Commissioner of Revenue for the month licenses issued,, shov;ing .~153,216.83 as compared with ~104,069.74, for the same period last year, ~::as before Council. The report is filed[ In this connection the City Clerk is directed to ask the Commissioner of Revenu~ &. ,to f~rnis,h for consideration of Council on March 29th, information requested in itl i~esolu~ion i'io. 5114, adopted by Council on the 1st day of Xarch, 1937, showing names icl firms, partnerships, individuals or corporations delinquent in t~ pa~vment of license tax~s. ~i~ .~ESOLUTIOES: None. T.~LIC:'~BS: ,_'~r. Bear brought to the attention of the City [~ianager and Council a ;taxicab stand recently located on Franklin Road just South ~and asked that this stand be discontinued on ~ran~l~n Road of the street and the hazardous TitkIL~: ~ir. Bear brought :, ;question of study of' rules and !Particular attention ~O fire !. ~tions by the Gity oi' Roanoke i location of same. to the attention regulations governing hazards, with a vie%'; of on the subject. of Ninth Avenue, S. W., account of the narrowness of ~ouncil end the City Manager trailer trucks, calling adopting such rules and regula- t Finance '1 ~TREE~ LIGHTS: ~r. Bear again brought t~ the attention of Council and the City ~anager the request oi' ~trs. Geneva Dickenson Dove for removal or darkening of street light in front of her residence at 606 Avenel ~venue, and presented sketch and blue ~rtnt showing location of same, and asked ttzet the City 'ganager correct the objectio~ ;omplained of. The blue print is referred to the City :danager for study of the question. LIC2I~SE: ~.ir. Bear made inquiry as to ~hether or not the Lawyers Title Insurance:, orporation ms paid license es ~rovided for in the amendment to the License Code nd as directed by communication from Council to ~ne City ~anager, t~e Commissioner )f i{evenue and the City ~ttorney. Er. Bear ~as advised that th= license has not as yet been 'aid but the matter s being given consideration ~'iti~ a viem of bringing the firm in question into Court. CL~I~a: htr. Bea~. re~.orted to Council th,~t notice of judgement against the City Oy C..,. Broun claimin~ payment of taxes in error has been served on him and same a~s been referred to t~e City ~'~tto~-ney fox' protection of the City's interest in the hatter. CiTY T~AoURER: The City Clerk brought to t~e attention of Council e request ~rom t~e City ~uditor'~ oi'fice for suo~,.lementary api,ropriation to the Stationery and lostage ~ccounts of the City Treasurer, amounting to 9206.£0 and $310.00, respectively. Tee City Clerk is directed to request the City ~uditor to prepare letter to the ~om~ensation Bo~rd, asking that i~ ~artici~,ate in this additional expense, for ~onside~'a~on of Council at its next meeting, t~-~e su~,plementary a ~.~roprlation. together ~';ith draft of 0rdi~ance making CiTY .JUD1T~ ' ' ~.~. T~e City Clerk is directea to request ti~e Czty ~uditor to submit ~tatement sho~;ing a bre~K do~.n of supD. lement~ry appropriations to February 28th, ~mounting to ~105,~90.oo, as sho%~n on t~e Februa~'y, 19~7, monthly report. RQ,d.~u~,g B=-4 ~o~OCI~Ti0N-LIB~iA~(Y: Mr. Bear brought to the attention of Council tne subject of space for ~a~ Library as requested by the ~{oanoke Bar Association, and asked that %~e City ~f_anagei~ prepare blue ~.rint snowing floor space of the various buildings owned by ~n~ City and designate the floor space as occupied by the various organizations and departments in order that same might be available for consideration o~' tnis request, and moved that a committee of three be appointed by Council to con- fer with t~e Library Committee of the Bar Association, one of the committee to be the City -~,anager, for report and recommendation. T~e motion ~';as seconded by ,Vt. ,,ood and unanimously adopted; ~';hereu_bon, ~dr. Wood and i,,Lr. Bear, together ~:ith the City Manager, were named as the committee to collaborate :;~'itn tee Library Committee of the Bar .~ssociation for relocation of the La~:' Library. The City ~ttorney is requested to furnish the committee with citations of statutes on t~e Library subject. ~E:,EH .A~D OIDrY,,~d2~ .~o-~moO~Tj: The City ~ttorney reported t~t in his opinion no one is ~rofiting by th~ request of the ~manuel ~ilgrim Cr~urch for the releasing~ of oewer and ~idewalk ~ssessmen~ on its proper~y. The Jity Clerk is directed to prepare necessary Resolution to release this assessment, for furtnex' consideration of Council at its next meeting. hOGS: i,Lr. Powell having requested further consideration of the question of ~, pro~ibiting the keeping of hogs or Digs in the City of Roanoke introduced the follow- ing Ordinance for its first reading: 471 472 (~51B5) ,~N ~RDINANCE prohibiting the keeping of hogs or pigs in the City of i~oanoke and providin~ penalty for violation of the ordinance. BE 1~£ ¢i{DAIN,~.D by the Council of t~e City of ~oanoke that it shall be ~lawfu~ for any ~erson or ~ersons to Keep any live hogs or pigs within tl~e City limits '~exce2t for t~ediate shipment, slaughter or sale, and any person or persons violati~ [~t,is ordin~nco shell be gailgy of a misdemeanor and shall be fined no~ less ghan ~:Ten Dollars (~10.00) nor more ~hun c. ne l~undred. Dollers ($100.00) for eech days' offen~e. ,,11 ordinances or i,~rts of ordinances in conflict ~itn ti~e provisions of this ordinance ar~ hereby repealed. The ordinance is laid over. T.~.~L~: i'ne Sity :~.~anacer brought to thc ~ttention of Council a communication fro:'- ti;e ~h~,..b~r oi' ~o~r, merce asking that .jounci1 meet ~:ith a committee from the :.Sha::,be~' of GO.Tm~erce to consider waiving taxes on a manufacturing plant recently ~ccuired by ne~' interest. ?he City :.:anacer is directed to advise the Chamber of Co:mmerce that Council zill meet witi~ ;ne Com2ittee ut some future time. Bo~~ ',,j:~L~N'o CLUB: The Cit~. Clerk brought to the attention of Council a request from ~'s. ~,arie B. Bass, President of the l{oanoke ;.oman's Club, for reiresentative of the .Oitv to attend ~ r. eeting at zne latrick Henry Hotel on Wednes-'~ da at 10:30 o'clock ~. m., for consideration and for~.ulation of l~lans for observa- and also that the ~,~ayor the health Officer~ ghe C~gy rX~hg be ~n~eres~eO in seilin~ t~e i,ro~erty ~:itn the understanding that no building ~','ill be erected thereon; olD~,,~.. The ~ty },lana~er tel'erred a compilation of Curb- urb and ~u~ter Sonatruction and ~10,579 O0 for -~idet',alk Construction, and adv~ed Coancii it ~,'ili be necessary to supplement the ~ro~riation in the present Budget ~to continue this ~ork. ~ ~'~'= Clerk is iirected to trepare necessary amen~nent to the Budget ~rdinonce providing for a supplementary appropriation'of ~5,000.00 for Curb and ~Gutter and ~5,000.00 for oide~';alk, f~ f~ther consideration of Council at its next regular meeting. ~ D3~E~ ~,oxiiU~i~u~: The City h~anager. . reported to Council that Sewer~ ~and ~ccount ~s been exnaasted and that a supplemen~ry appropria ~tion of ,3,67b.00 is needed to continue this ~,ork ~der the %~PA progrmm. The Cit~ Clerk is directed to prepare necessary amendment to the Budget t~Ordinance :rovidi~ for tr, is su~i~lementary appropriation, for considerstion of Counc.~l ~a~ its next renu!ar ceeting. .t~on, ~udy .und educatins the public on control of cancer, iiss~e a =rocl-~matio',~ ~'~ t~e subject. Ti,e ~ity ,.~un,~a~ is directed to request Dr. G. B. Ransone, .to ~tt~nd the ,,meeting. o=~E' ~' i-_x~,-~,Y.' ~"-' · The ~itv~ l~nager brought to the attention of Co,oil a recuest ,ro~, interest-~ '~rties for purchase of lot on Duddin¢ Street near the ne~, ~zieigh Oourt Th~ ~it~, l.lana~er is ~rected to asce¢'tain for ;'.hat puri~ose the lot ~'ill be ',used and to advise the ~rostective purchaser that 473 The City ~anager brought before Council record from the Police Department showing report frJm Police officers investigating automobile wreck of one of the officials of the City es mentioned in charges preferred by Russell nensley. l'he question ~s to policy of Council in h~ndling this r~tter ~as discu~sed some- ~at ~t length, it being tee o!~in~on Of Council that in vte~ of t~e reputation of ~ the complainant, ~nd by preliminary investigations mede that no grounds are evident for c~mrges ~s made, Council will give no further consideration to the matter. z~-~I~ ~ '~'~' ~""~" . brougi, t to the attention i)~'.x~i~,~. T~le President, ~:r Ommll, of Council and ~he City hlanager reiort o~' an accident at the corner of Jefferson I~treet ,~nd Church Avenue, bet~een a ~ire Department Truck ~nd a con,inertial truck, and -~2ain suggested ti~e impox~t~nce of ~ traffic officer lock, ted ~t the corner as ~ell as rearx.~ement of traffic lights to stgnal the public of the approach of fire equipment. The City 'Eanager advised tl~t the rearrangement of tf~e lights has already b~en provided for. City ~..~anager brough~ before Council communication from the Director of Yublic ~.orks ,~dministration in Hichmond %,;ith reference to i:roi.~osed ',.~sena Bridge, advisin~ that %~e Gove~'nment %'~ould participate in this .~roject on a QC-b5 basis, tee total cost to t~e City being estimated at ~181,500.00. The question of financing the ~rojec% v~as discussed $Q~.e.¥:~ha~ at length by Council, after ¥,hich the City ~ana~jer uas directed to intervie%'~ the Public ,,orks Administration in Richmond and to re~ort back to Council at its next meeting. ROAN0~. ~.ATER ~,0P~[o C0h,~PaNY: i~ir. C. E. hunter, City .~ttorney, reported t o Council that an interview': ~,ith attorneys for ~he ~,ater Company indicated there is ~ ~ossibility of renewing negotiations for arbitration v~ith the Roanoke ;,ater Wor.k~ Company for ~urchase of the proD. arty by ~ne City. After a discussion of the question, particularly ~;ith reference to ~:ho should I:initiate the proposal, and Council being of the opinion that i~ would be perfectly proper for Council ~o direct the ~.'riting of a communication to the President of the Roanoke ,ater Works Company relative to the subject, on motion, duly seconded and unanimously adopted, the City Clerk ~¥as directed to direct the follow, lng communice- tion to t~e ,ater ~orks Company: "M~rch 15, 1937, "~,;r. Vernon ~. ','~est, President, "Roanoke '.~ater Works Company, '~'Roanoke, Virginia. ' File ~468 "Dear oir: "During August and oeptember, 19~6, City Council and your Company discussed ~I~he.uuestion of arbitration, looking to purchase by the City of the plant and il~faczfities of the Roanoke Water. ;,orks Company, No agreement ~:as reached at that "I am directed by Council of the City of Roanoke to again address you, sug- Igesting, if agreeable, that a further conference bet~een t~e parties at interest might be held to deter~uine whetixer any progress can be made in this direction. "If you are agreeable to a reconsideration of this phase of tGe matter kindly !advise. "Very truly yours, ( ~igned ) ,,L. D. James, "CI-TY CL~RK." There being no further business, Council adjourn'ed . APPROVED 474 COUNCIL, ItEG~ IAEETINC Monday, March 22, 19~?. The Council of the City of Roanoke met in regular meeting in the Circuit Cour$ !Room in the Municipal Building, Monday, regular meeting hour. March 22, 19~?, at 2:00 o'clock p. m., the PRESET: Messrs. Powell, Wood, and the President, Mr. Small--5. ABSENT: Messrs. Bear and ~inn .... 2. The President, Mr. Small, presiding. OFFICERS PRESENT: Mr. ~'. P. Hunter, City Manager, and Mr. C. E. Hunter, City Attorney. MINUTES :~ood, appea~lng that a copy of the minutes of the previous meeting having[ It furnished each member of Council, upon motion of ~Ar. Powell, seconded by Mr. the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET: Mr. G. V. Kromer appeared before Council and presented prepared state- meat, together with petition asking that Council restore salary reductions of the Police Department. Mr. Kroner was advised that Council would not have the time to discuss this question at this meeting of the body, but if he cared to file the papers with the City Clerk the same would be received. In this connection that this Council the City Clerk is directed to note as a minute of the meeting~ question of restoring salaries of all City has recognized the the practice of restoring salaries as that City employees can rest assured employees and has consistently followed as the City's finances would permit, and appeared will continue to follow that procedure. rapidly Counci~ before Council a~ LICENSE: Judge John M. Hart, Commissioner of Revenue, :directed at a previous meeting, with reference to license on dealers in old gold and l: precious metals. The question of requiring a permit from the City Manager before issuing license to old gold dealers was discussed, and it was the opinion of the City Attorney that this requirement could not be made retroactive but an Ordinance could be adopted requiring the ,t he the dealers in question to keep and make report of all purchases; whereupox question of drafting proper Ordinance for consideration of Council is left to City Attorney and the Commonwealth Attorney as previously directed by Council, and the matter in reviewing the License Code to take effect January 1, ~' LICF~NSE: The Commissioner of Revenue reported that Company had been License Code and in the case. ~iOGS: him in t~e of requiring permit from the City Manager is deferred for considerati¢ 19~. the Lawyers Title Insurance summoned into Court for failure to pay license as prescribed by the a fine of $10.00 had been imposed, and an appeal h_-s been noted Judge Hart reported to Council that several objections have been noted to question of prohibiting the keeping and asked that Council consider postponing the Under,, consideration until the latter part of of hogs within the corporate limits, adoption of the present Ordinance the year. ~n PETITI01~S A~D ¢0MMU~ICATI01~S: CROS~-0V~= Aa application from s. P, trite Company, Inc., by B, 2o ~lshburn, President, for permit to construct cross-over to accommodate property at /100§ Meree'r Avenue, ~. ~., was before Council. The request is referred to the City Manager for investigation, report and reco~m,ndation, FIRE PREVENTI01~: that the Fire Department be given authority by 0rdinanoe to the City to safeguard the public and property against fire, covering only fire zone ~1, was before Council. A .oon~nunication from the Chamber of Commerce, recommending inspect all property in the present authc~ ity The question is referred to the City Manager for consideration with the Chief of the reco~nendatton to Council. CROSS-OVER: A_n application from the Blue Ridge Motors, Incorporated, to construct cro.~a-over to acconm~odate property on the Fire Department, together with the City Attorney, and to make report and for penn it corner of Church Avenue and Third Street, ~. W., to be located approximately la5 feet West of Third Street on Church Avenue, was before Council, the City Manager be granted. recommending that the permit ~.~r. ~ood moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~b126) A RESOLUTION granting a permit to Blue Ridge Motors, Incorporated, [construct a concrete cross-over to accommodate property at the corner of Church Avenue and Third Street, S. W., said cross-over to be located on Church Avenue, approximately 1~5 feet ~est of Third Street. ( For full text of Resolution see Ordinance Book No. 9, page ._ 158). Mr. ~ood moved the adoption of the Resolution. The motion was seconded by Mr. Powell and adopted by the following vote: ~f ES: Messrs. Powell, ~ood, and the President, Mr. Small--3. NAYS: None---0. (Messrs. Bear and '~,inn absent). L~iAGtlE OF VIRGINIA MUNICIPALITIES: Statement from the League of Virginia Municipalt~ies amounting to $1,050.00, representing annual dues for membership in the League for the year 19~7, was before Council. The statement is referred to the Budget Committee for further consideration. SE'~EIt ~dID ~IDE'~ai~i aSSESSMEAITS: a communication fr~n the Second Baptist Church (colored) asking that 'Sewer Assessment amounting to $~5.12, together with interest ~I from March 1, 192~, amounting to $21.16, a total of $46.28, be released against ',i property on the North side of Center Avenue East of First Street, assessed in the name of the High Street Baptist Church, was before Council. The City Clerk is directed to communicate with the Executive Secretary of the ,, United States Conference of Mayors and ascertain the practice of other municipalities in releasing special assessments of this kind. ii R0~NOKE ~ATF.~ ~'0RK~ COM~': A conm~icatton I~om Mr. Vernon F. Irest, President of the Roanoke ~ater ~orks Company, advising that his company will be agreeable to in conference for further negotiations in connection with arbitration for put- , :i by the City of the Roanoke Nater Norks Company some date after April Sth,~as ,ore Council. 475 1476 The City Clerk 18 directed to acknowledge receipt of the oc~unioation and to advise Mr. West that the purpose of the original communication was to fix an early date for discussion of t~e matter if agreeable and Council does nc~ feel this eon- ferenc~ should be delayed beyond April 6t~ and has ac fixed 9~00 o'clock a. mo, 'April 6, 19S?, for t~e 'to Mr. Frank 4. Rogers, conference, and that a espy of counsel for the ~ater Company. the oolunication be forwarded COMMOh~'EALTH ATTORNEY~ A communication from Mr, At t or ne y, ~Attomey for the City of ~oanoke, iavatlable effective as of April 1, i' In the absence of any mention advising he has named Mr. Richard T. Edwards as Assistant and asking that funds for payment 1937, was before Council. in the con~nunication that the ;full time, R. S. Smith, Commonwealth Commonwealth of salary be mad appointment is for the City Clerk is directed to communicate with Mr.~tth and ask that he advise if Council is correct in its understanding that ~time duties as Assistant Commonwealth Attorney. this appointment is for full THE UNITED STATES CONFERENCE OF MAYORS: A con~nuni cat ion from The United States Conference of Mayors, together with decision of the United States.Supreme Court, with reference to Mu_nicipal ~ater ~orks employees being exempt from Federal Income Tax, Municipalities, was before Council. The communication is filed. LEAGUE OF VIRGINIA MUNICIPALITIES: A communication together from the League of Virginia ] ! with preliminary report of the Legislative Committee, asking t~at answers be obtained to the various questions before the Convention at Virginia Beach on September BOth and 21st, was before Council. The City Clerk is directed to bring this matter before Council during the consideration of the Budget for a further discussion of the JUVENILE AND DCMESTIC RELATIONS COURT: A communication to appointment of Dr. E. Dudley as reference Counc il. City question. from Judge colored Probation Officer, On motion of ~ood, seconded by Mr. Powell, ~hittle, wi th 1' wes before. and unanimously adopted, the I Clerk is directed to copy same in full as a mtnute of the meeting. "March 18, 19~7, ~Mr. L. D. James, City Clerk, "Municipal Building, ."Roanoke, Virginia. "Dear Sir: "I have for ac_k_~owledgment your letter of the l?th instant regarding the appointment of Dr. E. R. Dudley as full time colored Probation Officer, effective as of March 15, 1~?. In reply, this inquiry is answered in the first paragraph of my letter to Council of March at.h, and accordingly, Council is correct in understamling that this appointment is for full time duties in conformity with authority granted by Council at a previous meeting. Dr. Dudley has discontinued the practice of his profession. "Very trul~ yours, 'Ran G. ~hittle." LEAGUE OF VIRGINIA MUNICIPALITIES: A communication from the League of Virginia ~unicipalities advising that report of meeting of the Municipal Finance Officers ~chool to be held in Richmond on March 23rd and 24th will be forwarded to Of Roanoke ..is fil ed. ii DO GS: received for study and the City ill further consideration, was before Council. The communication The City Clerk brought in the m~il giving an account to the attention of Council newspaper clippings of the dog situation in Columbus, Ohio, and 477 Mew Orleans, Louia~ana. Xn this connection the City Clerk also presented an an_n_onFaous letter making certain complaints on the dog situation ia Roanoke. Council having adopted the policy of refusing to consider antonymous letters, the communication was not read. I~PO~T~ OF OFFICe: ~ORT OF THE CiTY IAA~AGER: The City Manager submitted report of work accomplish- ed and expenditures for tho week ending March llth, showing cost of garbage removal as 50.? cents. The report is filed. APPOINTM~I~TS-POLICE DEPAHT~T: The City Manager submitted report showing resignation of Russell B. Williams, an employee of the Police Department, on March 16, 1937, to return to his former position with the Norfolk and Western Railway Company, and the employment of James E. Lemon, age tire as of March 16, 1937. The report is filed. 27, as patrol chauffeur, effeo- ROANOKE ~i0SPITAT.: The City Manager presented report for the Roanoke Hospital for the month of February, 1937, as subm~_tted by the City Physician, showing 200 days' treatment at a cost of $600.00, as compared with 248 days' treatment at a cost of $852.00 for the month of February, 1935. The report is filed. BURRELL MEMORIAL HOSPITAL: The City Manager presented report from the Burrell ': Memorial Hospital showing 149 days' for the month of February, 1937, as submitted by the City Physician, treatment at a cost of $44?.00, as compared with the same number of days and same amount for the month of February, 1956. The report is filed. PUBLIC ¥iELFARE DEPARTMENT: A report from the Public ~'elfare Department activities of the Family and Child Welfare Bureau, was before Council. The report is filed. showing BUDGET: Report from the City Auditor giving explanation for request of supplementary appropriation to the City The report is filed~ Treasurer' s Budget, w as before Council. BUDGET-CITY AUDITOR: A report from the City Auditor showing break down of supplementary appropriations to the February 28th, was before Council. Budget for The report the present fiscal year as of is filed. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAIMS: None. INTRODUCTION ~ND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-CITY TREASURER: The question of supplementing the City Treasurer's Budget having previously been before Council and proper explanation furnished by the iCity Auditor, was again before the body, Mr. Powell offering the following Ordinance iproviding for supplementary appropriation of $2~6.E0 to Stationery and $~10.00 for Postage. (~5127) AN ORDINANCE to amend. _~nd reenact Section ~8, 'City Treasurer" of an Ordinance adopted by the Council of the City of Roanoke, ¥irginia, on the 29th day ~f June, 1936, No. 4850, and entitled, 'An Ordinance making appropriations for the fiscal year beginning July 1, 1956, and ending June 30, 1937.~ ( For full text of Ordinance see Ordinance Book No. 9, page 159 ). Mr. Powell moved the adoption of the Ordinance. The motion was seconded by ~r. ~'ood and adopted by the following vote: AYES: Messrs. Powell, ',cod, and the President, Mr. Small--3. NAYS: None---0. 478 BUDGeT-CURB-GUTTeR AND $ID~IAI~ CONSTRUCTION: The City Clerk having been d~reoted to prepare 0rdins~ee to supplement 0urb-Gutter and 31dewalk Construction Appropriation $5,000.00 each, presented same to Counellt whereupon, Mr. Wood offered the following: (~5128} AN 0RDINA~E to amend and reenact Section No. 150, 'Street Construction of an Ordinance '29th day [for [. adopted by the of June, 19~6, No. 4860, and the fiscal year beginning July 1, 1936, and ending June ~0, ( For full text of 0rdinanoe see Ordinance Book No. 9, page 1~). Mr. Wood moved the adoption of the 0rdinanoe. The motion was seconded Council of the City of Roanoke, Virginia, on the entitled, "An 0rdinanoe making appropriations .Powell and adopted by the following vote: AYES: Messrs. Powell, Wood, and the NAYS: None ---0. President, Mr. Small--5. by Mr. BUDGET-SE~ER CONSTRUCTION: Council Ordinance to supplement whereupon, Mr. hood offered the The City Clerk having been directed to bring Sewer Construction Account following: be fore $3,6?5.00 presented same; (~5129) AN ORDINANCE to amend and reenact Section No. 151, 'Sewer Construction-j of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 29th'i day of June, 1936, No. 4860, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1936, and ending June 30, 1957". ( For full text of Ordinance see ordinance Book No. 9, page 160 ). Mr. ~ood moved the adoption of the Ordinance. The motion was seconded by Mr. Powell and adopted by the following vote: AYES: Messrs. Powell, ~'ood, and the President, Mr. Small--3. NAYS: None ..... 0. SE~ER ~'~D SIDE~-AL~. A~S~TS: A Resolution to release l'charge, on Sewer Assessment standing in the name of the Emmanuel Pilgrim Church, ?was before Council and laid over awaiting receipt of information on t~is subject i connection with a similar request by a religious organization previously .before' principal and interest il BUDGET-BRIDGE REPAIRS: Tenth Street Bridge has iincluded in the Budget :'until the account has Ordinance: It was reported to Council that the cost of repairing exceeded the estimate and sufficient funds have 'not been for this work and the Auditor will be unable to draw warrant been supplemented; whereupon, Mr. l~ood offered the followi~g "Bridge Repairs", of Virginia, on the 29th (~5150) AN ORDINANCE to amend and reensct Section an Ordin~nce adopted by the Council of the City of Ros~oke, day of June, 19~, No. 4860, and entitled, "An Ordinance making appropriations for the fiscal year beginning July 1, 1936, and ending June 30, 1937". ( For full text of Ordinance see Ordinance Book No. 9, page 160). Mr. Wood moved the adoption of the Ordinance. The motion was seconded by Mr. Powell and adopted by the following vote: AYES: Messrs. Powell, Wood, and t~e President, Mr. Small--3. acquiring the three parks $84.10 more than the Bond ~AYS: None ---0. BUDGET-PARE~: It was reported to Council that all expenses in connection with by the City have been paid and the amount of name was Issue; whereupon, Mr. Powell offered the following OrdinanCe: Fund', of an ordinance adopted on the 29th day of June, 19~6, AN ORDINANCE to amend and reenact Section jl§~, 'Park Improvement by the Council of the City of Roanoke, Virginia, No. 4860, and entitled, wan Ordinance making appro- year beginning July 1, 19~6, priationa for the 'fiscal and ending ~une ~0, ( ~or full text of 0rdinanoe see 0rdinanoe Book No. 9, page 161..}. Mr. Powell moved the ~'ood and adopted by the adoption of the 0rdinanoe. following vote: The motion was AYES: Messrs. Powell, ~ood, and the ~resident, Mr. Small--3. NAYS: None ---0. HIG~i~'AYS-BRIDGES: The question of authorizing the City Manager to aeoonded by enter into agreement between the City of Roanoke and the Virginia Department of Highways for application of Federal funds in con,action with Norfolk and ~estern Underpass and Approaches on Yranklln Road, was before Council, Mr. Wood offering the following Resolution: (~l~) A RESOLUTION approving Project 10aT~-B3 U. Underpass and Approaches, from Station -a400 to Station and authorizing the City Manager to ( ~or full text of Resolution Mr. Wood moved the adoption of the Resolution. Mr. Po,ell and adopted by the following vote: AYES: Messrs. Powell, ~ood, ~d the President, Mr. Small-3. execute an agreement see ~rdinance Book No. 9, page _161 ). S. Route 220, N. & W. 2t36, on Franklin Road, in connection therewith. The motion was seconded by NAYS: None ---0. HOG~: Ordinance No. 51~5 having been before Council for its first reading and laid over, was again before the body and discussed, some question being raised as to whether or not the adoption of same at this time would work a hardship on the present hog owners. There was a difference of opinion as to whether or not the Ordinance should adopted.as drawn, ,~5.00. the City Manager suggesting that the penalty be reduced to After further I! to the City,Manager recommendation. Board and the discussion of the question the proposed Ordinance was =eferred for conference with the health Officer for report and definite BOARD OF ZONING APPEALS: It was brought to the attention of Council that the of Zoming Appeals has lost one of its members, C. Shelburne Spindle, that' appropriate Resolution of respect be adopted; whereupon, Mr. following: ' ~'~, the Council of the City of Roanoke has been informed of the death of C. Shelbu~ne Spindle who has served the City as, a member of the Roanoke City. Planning Conmission, and at the time of his death, a member of the Board of Zoning Appeals for the City of Roanoke, and ~HEREAS, in the death of C. and upright citizen, the Board member, and by death' Powell offered Shelburne Spindle the City has lost a noble of Zoning Appeals a valuable and efficient V~.,~F_.,A~, this Council desires to make record of that loss and pay tribute to a useful, honorable and loyal life, spent in the interest of the City, characterized by courtesy and willingness to service which endeared him to his friends and all those with whom he came in contact. '~A~0RE, BE IT RESOLVED by the Council of the City of Roanoke that the sympathy of this Council be extended 'to the family of C. Shelburne Spindle in their bereawement, that this Resolution be spread upon the Journal of Council, and that a copy of same be transmitted to th~ f~m~F of the deceased. 479 48O Mr. POlalX mowed the adoption of the l~eaolution. The motion wal seconded by . b'oml and adopted by the AYES: Messrs. Powell, NAYS: None Tbs President stated that the death of follow ln~ vote ~ood, and the President, Spindle creates a vacancy on the .,Board of ~oning Appeals and the Chair would ~eoeive nominations to fill the vacancy; :'whereupon, Mr. ?owell placed in nomination the name of Mr. JAmes A. Turner to fill ,the unexpired term of Mr. Spindle, deceased, which expires on December 5l, 1937, which nomination was seconded by Mr. ~ood. There being no further nominations Mr. Turner was unanimously declared a member of tim Board of Zoning Appeals and the City Clerk directed to prepare tho necessary Certificate of Election and in trans- mitting same to advise Mr. Turner that Council hopes very much he will agree to render this public service. BRIDGES-gASE14A: The Mayor and the City Manager made verbal report of conferenc$ with NB?. German, [ the construction Director of P~'A on the question of securing funds to assist in of a new bridge over the Roanoke River to ~asena, advising that as yet, there is some question as to what amount the City can expect the Government to participate in this project, the percentage heretofore being upon a 45-55 basis.- The question was discussed somewhat at length, it being estimated that the City's participation ~ould not exceed $220 ,000 .00 in any event, and that this figureI might be reduced to approximately $181,000.00. The question of the City's financial position and ability to finance this project out of the General Fund was also discussed, the consensus of opinion being that, while the City's financial position appears to be better than most cities with., regard to debt load, that this project should be financed by a Bond Issue, the bonds to be serial and to run for a period of twenty or twenty-five years. After a further discussion of t~e question, and the advisability of appointing e Committee to assemble and arrange certain information in answer to the questionnaire submitted .I by P~-A, Mr. Powell moved that the Committee be so appointed and offered the follow- lng Resolution: · (~513~ A RESOLUTION approving P~A Form 218, relative to proposed ~asena Bridgel, ~s prepared by the City .Manager, and directing the execution and filing of said form:!: ( For full text of Resolution see Ordinance Book No. 9, page 162). Mr. Powell moved the adoption of the ~'esolution. The motion was seconded by Mr. Wood and adopted by the following vote: · AYES: Messrs. Powell, ~ood, and the ~resident, Mr. Small--5. NAYS: None ---0. i~. The Committee appointed to assemble and arrange the information in answer to ithe ~uestionnaire is composed of Mr. ~. P. Hunter, City Manager, Mr. C. E. Hunter, City Attorney, Mr. H. R. Yates, City Auditor and Mr. S. F. Small, President of Council, and the hour and place of meeting fixed at 9:30 o'clock a. m., on March !. · 25rd in the office of the City Manager. !~ AIRPORT: The City Manager submitted WPA projects for extension of runway at the !'Municipal Airport, amounting to approximately $10,000.00, the sponsor's cont~tbutio~ ibeing $9,09?.00. In this connection, Mr. Small and the City Manager advised that ,while in Richmond the other day in conference with Mr. Pettigrew, Senior, Assistant I! ~neer of the ~LtAhvay Department. in ol~a~Ae of ~L~rporCs, and also I~r. Steele, ]:na.oeotor for tl~e State (]or:potation Comm~ssion, that tl~e 8tats representatives had been advised the City of Roanoke would undertake to :pave the runway at the Airport with the understanding that the State a:p:propriate one-half of the oponsorts coot, or approximately G4,900.00. After a further discussion of the question, the City Manager reo~ending that the project be entered into on the basis as above outlined, and that the signing of the lighting ~oject, also discussed in connection with the Airport, aa a separate :project, be delayed at least until the :paving of the Mr. Wood offered the following Resolution: (~5154) A RESOLUT10N authorizing and directing the City Manager to ~A project for surfacing Mr. runways have been completed, approve runways at the Municipal Airport. ( For full text of Hesolution see Ordinance Book No. 9, Mr. '~ood moved the adoption of the A~esolution. Powell and adopted by the following vote: page The motion wes seconded by AYES: Messrs. Powell, Wood, and the ~resident, Mr. Small--3. NAYS: None ---0. The City Clerk is directed to forward copy of the Resolution, together with blind copy of his letter of transmittal to Mr. thing he can do in the pi'cture to be helpful. Steele, and ask if there is any- RE~DS AND REBATE.S: Mr. Charles D. Fox, Attorney for G. D. Sanders, appeared before Council advising that his client had erroneously reported personal property ~eturn ~'or the-year 19~1 as $1,000.00, and that the Commissioner of Revenue hsd thssessed his client accordingly for each year thereafter, and that by petitioning ~e court, the assessment has been properly reduced to $300.00, except for the year ~932, which is now out of the jurisdiction of the courts, and asked that Council d just the taxes in line with the Court Order for. other years. Mr. Fox was advised .~f his client would pay the taxes in question and turn over ~o the City Clerk the receipts and ot~er necessary papers, a Resolution would be drawn with the view making the refund for fUrther consideration of Council. STREETS: The City Manager reported to Council that the property offered to th~ ~ity for street widening purposes by W. D. Brodie has now passed to his name by deed.' later meeting. L. Sway, ~he City ~_-_nager is directed to bring the matter before Council at a ' ~ ~ARDEN-DOGS: The City Manager presented request fran Mr. R. asking that as assistant be Roanoke, for a period of ~upervisor of Game ~ardens for the Piedmont District, ~urnished Mr. Moom_~w, the Game ~arden for the City of hirty or sixty days, to assist in rounding up stray dogs. On motion of ~.r. Powell,seconded by Mr. Wood, and unanimously adopted, the City Manager is authorized to approve the employment of an assistant Game Narden for a ~eriod of thirty days and to report to Council the necessary amount for payment Sf the assistant for drafting of proper Ordinance to ~eke the ~pp~opriation. PE~SIONS: The City Manager reported request of J. B. Light, age 65, employed in the Street Cleaning Department, March 1917, having served the City for a period of twenty years, to be placed on the Peasions and Gratuities list at $274.04 per 481. 482 AFtor a discussion of the Question sn~ method and beolo of granting pensions for City employees, and the su~eetion being advanood that this employee be placed on tho Gratuities List at $20.00 per month, effective April 10 1937. for the duration of the present Budget, expiring June 30, 1937, Mr. Pouell offered tho ! followin~ Resolution: ! (~5135) A R~b0LUTION authorizing and directing the placing of the name of J. B. Light on the City's Pensions and Gratuities for former employee8 list. ( For full text of ~esolutton see Urdinance Book No. 9, paEe Mr. Powell moved the adoption of the Resolution. The motion .was seconded Wood and adopted by the following vote: AYES: Messrs. Powell, WOod, and the President, by NAYS: None----O. TAXES: The City Attorney brought to the attention of Council the question of t petition entered in Law and Chancery Court to foreclose on piece of real estate on which there is approximately S1,000.00 delinquent taxes due, and asked that Council adopt some policy for the protection of the City in the collection of these delinquent taxes, the City Attorney is directed to confer with the Delinquent Tax Collector and ask that he appear before Council at the next regular meeting for ftu'tner discussion and determination of the question. There being no further business, on motion duly seconded, Council adjourned. APPROVED Presi dent The Council COUNC[ L, REGULAR MEETING, Monday, March 29, 19~7. of the City of Roanoke met in regular meeting in the Circuit Cour$ Room in the Municipal Build~ng, Monday, March 29, 1937, at 2:00 o'clock p. m., the regular meeting, hour. PRESENT: Messrs. Beef, hood, ~'inn, and the President, Mr. Small---4. ~ ABSENT~ Mr.. Pow ell- --1. The President, 0F~IOERS Attorney. MINUTES: ~r. Small, presiding. PRESET: Mr. '~'. P. Hunter, City Manager, end Mr. C. E. Hunter, City~ It appearing that a copy of the minutes of the previous meeting having been furnished each member of Council, upon motion of Mr. Wood, seconded by Bear, the reading is dispensed with, and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: The President, Mr. Small, announced that pursuant to notice published in the i';orld-News under date of February 5, 1937, calling for public hearing on the question of rezoning property in South Roanoke known as Virginia College property, which hearing was set for February 2End and continued until this day in order that a full membership of Council might be present, but due to unavoidable reasons one member of Council is absent, ~r. Powell being confined to his home due to illness, that Council would proceed with the hearing and a Special Meeting would be called for a later date for final consideration of the question; this procedure being applicable to both the South Roanoke property and the Raleigh Court property as petitioned by Mr. John W. Waynick, Jr. The President announced that fifteen minutes would be allotted to each side for the question and recognized Mr. Horace M. Fox, Attorney, for petitioners to rezone the property. Mr. Fox filed with Council blue print showing proposed layout of the Virginia I College property indicating an area of 198.75 feet by 392 feet the petitioners are asking to be rezoned in order that an ~a.r~memt house might be erected thereon, and providing for twenty foot lots to be sold in blocks of three with building restrictions of ~7,000.00 on all houses facing Rosalind Avenue and ~5,500.00 on all.~ houses facing Carolina end Virginia Avenues, Mr. Fox advising that these restric- tions are contingent upon Council rezoning the property strictions no~ exist on the entire plot of land. requested as no building re- Mr. Fox also filed for the information of Council letters from property owners in the South Roanoke section, together with petition signed by sixty names, asking that the request to rezone the property for purpose of erecting a modern apartment building be granted; also communication from the Roanoke Water Works Company with adequate fire protec- ~.i reference to requirements as to mains and pressure to render tion to the area. Mr Graves, owner of the property, Mr Francis and ur. Ingram spoke briefly on ' ' --~ same would be a semi-fireproof thirty families to cost the proposed structure to be erected, advising the building of Colonial design and would house from twenty to approximately $120,000.00 to $150,000.00. 483 484 Mr. 3. E. Funkhouaer, Attorney for the opponents of rezoning the property, in his statement before Council called attention to the necessary procedure to be followed in amendin~ same, 2onin~ Ordinance and the hie interpretation bein~ that if twenty percent of the property owners in a given area designated by the Board of Zoning Appeals oppose the change, four-fifths vote of Council. any amendm,nt to the Ordinance would require a In this connection Mr. Funkhouser presented letters, postcards, telegrams and petitions signed by forty-nine names which he claimed constitute more then twenty, percent of the property owners affected. Mr. Fu~khouser also called to the attention of Council the procedure followed in handling appeal cases and the recommendation of the Board of Zoning Appeals in opposing any change for rezoning the property and expressed the opinion that the Board of Zoning Appeals should be supported by Council. Mr. J. R. TalbotS, Mr. O. ~. Cox and Mr. J. M. Horton also spoke in opposition to any rezoning of the property, and in a further discussion of the question the President, ~r. Small, called attention of the opponents to the fact that in the · absence of rezoning the property there would probably be no building restrictions for the area as proposed by the petitioners, but an expression, from the opponents indicated they would prefer taking their chances on the kind of buildings to be erected in preference to an apartment house. Both sides having been given the opportunity of presenting all facts and discussing all a:~les of the Question, the' ~resident advised that the matter would be given further consideration at a Special Meeting to be held at 9:30 on ~prtl 8th for final determination. ZONING: ~r. John ',. ~aynick, Jr., having petitioned Council for rezoning of ~property on Grandin Road and pursdant to advertisement appearing in the Norld-News under date of February 19th, calling for hearing on March 8th, which hearing was continued, appeared before Council enid_ briefly outlined proposed plans for residence at 409 Grandin Road, Hal.eigh Court, into en apratment building. ~tr. ,,aynick presented letters from adjoining ~property owners advising that no objection would be registered against such conversion, and the recommendation from the Board of Zoning Appeals also recommended that the entire West side of block .between Windsor and Sherwood Avenues be rezoned as special residence district. Mr. Blair J. Fishburn and Mr. M. F. Ring having previously agreed to register no objection appeared before Council, the rezoning of the entire block and recalling a former letter of approval dated January 21st. Messrs. Fishburn and Ring advised Council they would register no opposition tO o'clock a. m.,, ,l I convort t ng . !. ~r. Fishburn presenting letter in opposition tO rezoning ~. Waynick's property but opposed rezoning the entire block. After a further discussion of t~e question the interested parties were advised that the matter would be given further consideration on April 8th, at which time a full membership of Council is expected' to be present. STREETS aND aLLEYS: Colonel James P. '~oods and M. C. Franklin appeared before !',Council in-the interest i and extending from the ,j !Medical Building Corporation, and asked that Council recess for a discussion of the of closing an alley between Franklin Road and Bullitt Avenue East line of henry Street towards the property of the Roanoke~ !question in executive session. The Prosident advised that the question was a matter of public interest and he could not recon~nend considerin~ same in executive session; whereupon, gr. Winn moved that Council g~ent the request of Colonel Woods to recess for executive consideration. The motion was seconded by Mr. Bear and adopted by the following vote: AYES: ~easrs. Bear, ~ood and 'liinn---5. NAY5: Mr. Small---1. (Mr. Powell absent) I;JRING A DISCUSSION OF ThE QUESTION, it being the unanimous opinion of Council that '~solution would be adopted as drafted, the ~resident, Mr. Small, advised that in granting t~ts request he expected to present to Council in the near future an Ordinance providin~ for a ten foot maximum set back line on First (Henry) Street in order that the hazardous condition existing at the corner of First Street and Franklin Road might be corrected. Council was assured by the property owner that by granting the request for closing the alley and the elimination of sewer therein the City would not be called upon to expend any funds for extension or relocating sewers as a result of contemplated inprovements. After the recess the petitioners were advised that the Resolution would be given further consideration and adopted in the regular order of business. DELINQUENT TAX DEPARTMENT-TAXES: As requested at a previous meeting of Council, ar. M. J. Scruggs, Delinquent Tax Collector, appeared before Council for a discus- sion of delinquent taxes on property at 725 Gilmer Avenue, N. ~., which has been ordered sold, Mr. Scruggs advising that taxes and penalties on same amount to approxima t ely $1,100.00. It was suggested by the City Attorney that the City's interest could be best pro~ected by authorizing someone to appear at the sale and bid on the property, that the indications are the property is well worth the delinquent taxes accruing. After a discussion.of the question and also procedure to be followed in Ifuture cases of a similar nature, Mr. Bear offered the followi,g Resolution: (~5136) A RESOLUTION authorizing, empowering and directing the Delinquent Tax Collector to appear at sale of property known as 725 Gilmer Avenue, N. W., and described ~ood as Lot B, Section 30, R. F. & H., for protection of the City's interest. The motion was seconded by Mr. ! ( For full text of aesolution see Ordinance Book No. 9, page 1~3 ). Bear moved the adoption of the Resolution. and adopted by t~e following vote: AYES: ~essrs. Bear, Winn, Wood, and the President, Mr. Small-4. N~YS: None---0. In this connection the City Attorney and the Delinquent Tax Collector were appointed as a committee to submit suggestions end recommendations for considera- tion of Council in adopting plans with the cooperation of the Courts for 'the pro- tection of t~e City's interest in future questions of this kind. PETITIONS AND COMMIEqlCATIONS: CROSS-OVER: A communication from L. P. Basham requesting permit to construct cross-over to accommodate property at 103~ ~'ind'sor Avenue, Raleigh Court, was before Council, the City Manager recommending that the permit be granted. Mr. Bear moved that Council concur in the recommendation of the City Manager and offered the following Resolution: 485 486 RESOLUTION granting a permit to L. Po Basham to construct a concrete cross-over to accommodate property at No. 1036 lindeor Avenue, Raleigh Court. (For full text of lAesolution see Urdinanoe Book No. 9, page 164 ). Mr. Bear moved the adoption of the A~esolution. The motion was seconded by Mr. ~'inn and adopted by the following vote: AYES: ¼essrs. Bear, ~inn, hood, and the President, Mr. Small--4. NAYS: None .... O. CR0~-0¥E.RS~ A conmunication from ~'. ti. tiorton requesting permit to construct two cross-overs to accommodate property at No. 1115 ~henandoah Avenue, N. · -before Council, the City Manager recommending that the permit be granted. ~r. ','inn moved that Council concur in the recommendation of the City Maneger and offered the following Resolution: (~5138) A RESOLb~I'ION granting a permit to ~'. Ii. Horton to construct two 'cross-overs to accommodate property at No. 1115 Sheyendoah Avenue ( For full text af Resolution see Ordinance Book No. 9, page 16A). Mr. ',ina moved tae adoption of the '~esolution. The motion was seconded Mr. Bear and adopted by the following vote: AY~S: Messrs. Bear, ~inn, ~ood, and the President, Mr. Small--4. NAYS: None ---0. ROANOKE GAS LIGHT COMPANY: An application from the Roanoke Gas Light for permit to open street on Grayson Avenue, N. ~'., from No. 1711 to 1713, of approximately 70 feet, for the purpose of laying a 4 inch gas main, was .Council, the City Manager recommending that the permit be granted. ~r. '~inn moved that Council concur in the recommendation of the and offered the following Resolution: (~51~9) A RESOLUTION granting a permit to the Roanoke install a 4 inch gas main in Grayson Avenue, N. ~., distance of approximately ?0 feet. City Manager Company a distance before [ i ! Gas Light Company 'to from No. 1711 to 1713, a For full text of Resolution see Ordinance Book No. Mr. ~inn moved the adoption of the ~esolution. Bear and adopted by the following vote: AYES: Messrs. Bea~, Winn, Wood, NAYS: None .... 0. 9, page 165). The motion was seconded by and the Presi dent, Mr. Small--4. R0~NOKE WATER ;,ORES COMPANY: A communication from Burns & McDonnell Engineering:t:: Company, acknowledging and accepting Resolution No. 5123, with reference to services in connection with proposed condemnation proceedings of the Roanoke ~ater *i'orks Company, was before Council. The communication is filed. C0~0Ni~E~,TH ATTORN~.~: The following communication from Mr. R. S. ,. Commonwealth attorney, with ~eference to the appointment of Mr. R. T. Smith, Edwards as full-time Assistant Commonwealth Attorney was before Council: "Mr. L. D. ~ames, "Clerk City Council, "City. "Dear Sir: "Yours 24th instant, File 133, as Assistant Co onwealth s Attorney "Of course, Council is correct "_~_erch 27, 1937, regarding appointment of ur. Re T. Edwards as of April 1, 1937- in assuming that the naming of Mr. Edwards Xs for full time duties as Assistant Commonwealth's Attorney. In fact, he has al- ready started in a8 such, and has already had a taste of the overtime night duties that are frequently required. "','ill you please so advise Council? Signed ) "Yours truly, "R. S. Smith, "Commonweal th' s Att orney." The City Clerk is directed to draft proper hesolution concurring in the ]~ointment for consideration of Council at its next meeting and to draft Ordinance providing for the appropriation, effective April 1st, for payment of salary for t balance of the fiscal year on the basis of ~100.00 per month as the City's 'participation. PROCLAMATION-MILITARY ORDER OF THE ~'0RLD WAR: The President, M~r. Sm~ll, pre- sented to Council draft of proclamation submitted by k~r. G. Eric Sachets, asking that same be adopted in observance of the 2Gth, Anniversary of the United States entering the ~'orld War, which will occur on April 6, 1937. On motion of ~r. Bear, duly seconded, tae communication is orderd filed, and the City Clerk is directed to advise g~r. Sachers that Council does not care to establish a precedent of issuing proclamations other than of local interest. FIHEI~: A communication from F. H. Wheeler, President of the Virginia State ~'iremen's Association, asking that Council appropriate $242.40 to assist in defray- expenses of attorneys in test case in the Court of Orange on the question of assessing fi~e insurance companies for the benefit of the Virginia State Ftremen's Association, was before Council. On motion of Mr. l~ood, seconded by Mr. Bear, the communication is ordered filed and the City Clerk directed to advise the Virginia State Fireman's Association that the City already has a pension system for its Firemen and is not in a position to contribute to the fund at this time. HgALTH DEPARTMENT: A communication from Dr. Clark H. Hagenbuch, together with suggestive improvements for the health Department, was before Council. The commu- nication is referred to the Budget committee. CLAIMS: A communication from Woods, Chitwood, reference to unsatisfied judgments against the Foutz, administrator of Lula B. Bush, deceased, Coxe, Rogers & Muse, with Roanoke in the case of C. J. i was before Council. City of and asking that same be released, The communication is referred to the City Attorney for proper action and report to Council. ~UiRGINIA STATE EMPL0~ SERVICE: A communication from Mr. Frank A, Cavedo, Director, and also a communication from James A. Dougan, Manager, District ~7, of the Virginia State Employmen~ Service, asking t~ze~ Council c on~tder the matter of furnishing Janitor service for the Employment offices in the School Administra- tion Building, was before Council. On motion of ~r. l~ood, seconded by ~". ~'i_n__n_, the City Clerk is directed to advise Messrs. Dougan and Cavedo that the City of Roanoke is furnishing space, heat, light and water for the offices of the Employment Service, that the City has no Janitor service in the building so occupied, will i therefore be unable to furnish this service, and that the Employment Bureau will ~.~ have to work out this question without the assistance of the City. REPORTS OF OFFICERS: REPORT OF THE CITY M~JqAGER: The City Manager submitted report of work accomplished and expenditures for week ending March 18, 1937, showing cost of 487 488 garbage removal as ~?.4¢. The repor~ is filed. AXYASHOUSE: The City Manager presented report for operation of the Almshouse fox ~month of February, 1937, showing comparative cumulative statement of previous and present fiscal year, the cost to date being $8,7~0.g3, es compared with for the same perio~l last year. The report is filed. DELINQUEAiT TAXES= The City Manager submitted report showing names of officers and employees delinquent in taxes for the year 1936. The report farted to the City Auditor with the payment of the delinquent taxes due, REPORTS OF COMMITTEES: HOGS: The committee composed of the City Manager mitred report with reference to proposed Ordinance within the corporate limits of the City of Roanoke, mostly pigs, being kept Ordinance be adopted to become effective May 1, 1937, from 410.00 to ~5.00 for violation of the Ordinance. The Ordinance is carried over until the next meeting of city is re- request that he invoke the offset Ordinance for and to advise Council when same ~mve been paid.! and the Health Officer sub- to prohibit the keeping of hogs showing 159 pigs and hogs, within the corporate limits, and recommending that the and the penalty be reduced Council at which time F;r. Powell is expected to be present. ROANOKE BAR ASSOCiaTION AND LIBRARY BOARD: _~_~r. Walter W. Wood and Mr. James A. Bear, two members of the committee appointed from Council for consideration and recommendation of space for the Law Library, submitted tentative report making certain recommendations. ' During a discussion of the report it was nc.ted that the City Manager, a member. of the committee, failed to sign name and after a further inspection of the proposed. ' quarters recommended, ~r. hood, Chairman of the committee, suggested that the report~ study. 1~ CONSIDEHATION OF CLATMS: None. INTRODUCTION AND CONSiDERATION OF ORDINANCES AND RESOLUTIONS: ALL~.~: The question of closing alley between Franklin Road and Bullttt Avenue, from the east line of Henry Street towards the property of Roanoke Medica~l : be returned to the committee for further UNFINISHED BUSINESS: None. by ~r. 'ei~n offering the following authorizing the closing of alley of Henry extending Building Corporation having previously been discussed was again before the body, (~5140) A RE$0LUTION Road and Bullitt avenue extending from the east line property of Roanoke Medical Building Corporation. ( For full text of Resolution see Ordinance the adoption of the Book No. ~esolutton. Council in executive session, ~esolutio~: located between Franklinll Street towards the itl 9, page 165). The motion was seconded by Mr. Mr. Winn moved Bear and adopted by the following vote: AYES: Messrs. Bear, B'inn, ~'ood, amd the President, NAYS: None ---0. MOTIONS AND MISCELLANEOUS BUSINESS: MERCHANT'S LICENSE: The President, Mr. Small, brought to the attention of Council communication from the Pure Oil Company, asking for refund of unused portion of Merchant's License ~,: of Salem Avenue and Henry Street, paid for operating filling the amounts paid being $33.46, station a t the corner $67.51 and $29.50. 489 The eommunication is referred License Inspector investigate the are properly baaed on to Council. STREET LIGtiT: street light as requested indicated it was impractical to PUBLIC ~ELFARE DEPARTMENT: license paid gross amount of business to the City Manager who ia d~ected to have the and advise whether or not the pa~mmt, during the past year and report same The City Manager reported in by Mtso Genevieve Dove, and advised darken or remove The City Manager brought to the on question of darkening or removing front of residence known as No. 606 Avsnel Avenue, Raleigh Court, that investigation of the question the light. attention of Council a communication from Mr. Fallaell, Public 'lelfare Director, with reference to is directed to forward copy of the letter to each member of question in abeyance for further discussion during consideration brought to the attention of Council and the the Budget. TRAFFIC: The Fresident, Mr. Small, prison farms. The City ~eneger Council and hold the of ICity Manager the suggestion that consideration be given to the stopping of street . icars on the opposite side of intersection of streets as now prevail, and that traffic lanes be established to permit movement of traffic turning right at intersections, with a view of speeding up the movement of traffic through the business section of the City., The City Manager is directed to prepare drawings for further consideration of Council at a later date. BRIDGES-W~SENA: The City Manager r~eported receipt of communication from Mr. 'Sheridan P. German, State Director of P~A, advising that the City's application for Federal Aid to build a new '~asena Bridge has been forwarded to Washington. Further consideration will be given to Resolution at a late~ date and the sending of representative, to ~ashington to confer with Congres~sman ~oodrum with further reference to the question. FIRE PREVF~NTION: The City Manager reported on t~e question of drafting Ordinance permitting firemen to inspect residential property outside of the first Fire Zone as requested by the Chamber of Commerce, advising at a conference with the Chief of the Fire Department and the City Attorney it was the consensus Ordinance would not be practical. of opinion that such an The City Manager is directed to file the request of the Chamber of Commerce. special meeting has been 'Company for g:o0 o'clock R0~N0kE ~ATER '~;0RKS COMPANY: It was brought to the attention of Council that a called t° meet with officers of the Roanoke ~ater Norks on April 6th, to discuss the question of arbitration and :that as yet no reply has been received from M~. West, the President of the Company. The City Attorney is directed to confer with the Attorneys for the Water Company and ascertain if 9:~0 o'clock a. m., April 8th, will be suitable to hold the conference. It was decided that the two requests for amending t~e Zoning .consi. d~red at the same meeting on April 8th, 19~?. APPROVED There being no further business, on motion, duly seconded, Council Ordinance w~uld be adJourned. President 490 Monda y, ~G~ ~LF~TING, April 5, 19~?, The Council of the City of Roanoke met ; in the Municipal-Building, Monday, April 5, ~ regular meeting hour. in regular meeting in the Circuit Court 1937, at 2:00 o'clock p. m., the PRESENT: Messrs. Bear, ~'inn, I'ood, and the kresident, Mr. Small--4. ABSENT: ~r.. Powell---1. The President, Mr. Small, presiding. OFFICERS PRE~T: Mr. ~. P. H~ter, City Manager, and Mr. C. E. Hunter, City Attorney. k~N UTES: ing been It furnished each member of Council, upon motion of Mr. Wood, appearing that a copy of the minutes of the previous meeting hay- seconded by ii: and the minutes approved as recorded. before Council and asked that reconsideration~ the reading is dispensed ~ith, HEARING OF CIT1ZENS UPON PUBLIC _~ATTERS: HOGS: Mr. ~. T. Robison appeared be given to proposed Roanoke advising Council that he where people have already bought Ordinance to prohibit the keeping of hogs in the City of was particularly interested in the Norwich section their hogs for the year end would experience hardship if required to dispose or kill same before December 1st. his suggestion. advised that Council would take under consideration PETITION6 AND C0~qYNICATIONS: HOGS AND CO~S: A petition signed by six residents in the Mr. Robison was Fifteenth Street, S. E., asking that Council also include in the Hog Ordinance a section to prevent the keeping of cows or any live stock that is a nuisance or nine hundred block of ~i menace to the health of t~e City of Roanoke, within the cc~porate.limits, was befor~ to the City Clerk and the City Attorney for redrafting ~prohibiting of the keeping of hogs, pigs, cows, cattle, Council. The Hog Ordinance previously before Council for its first reading, is referred corporate of same, to include the sheep and goats within the limits, and to present sene to Council for further consideration. BUDGET-~TH DEPARTMENT: A communication from the Health DeDartement, asking that ,25.00 be transferred from "Toxoid and Vaccine Account", as shown in the Budget, to "Stationery", was before Council. The communication is returned to the Health Department with the request that furnish Council statement of what it proposes to purchase and what has been purchasid from the $~00.00 as allowed in the Budget for the present fiscal year. ROANOKE RAILi;AY AND ELECTRIC COMPAHY-STATE CORPORATION COM2&ISSION: A communica- '~ tion from the Roanoke Railway and Electric Company, addressed to the City Manager, advising tlmat application is being filed with the State Corporation Commlsston for permission to operate bus from the corner of Church Avenue and Jefferson Street to Vinton and the East Gate Addition over route outlined in the communication, was before Council. iil After a discussion of the question and it being the consensus of opinion of [ Council that the installation of busses over new routes should be in the name of the Safety Motor Transit Corporation, on motion of Mr. Bear, seconded by Mr. Ninn, the City Clerk ie d~rected to acknowledge, receipt of .the communication and to ask ~. ~lorn, Manager of the ~ailway Company, to apl~ar before Council on April 19th, f~r~her discussion relative to bus service, and advise the State Carporation Com- mission that the City of Roanoke desires to be represented at the hearing and to advise date of same. In this connection the President appointed ~he City Manager, the City Attorney and the Mayor as a corem1 tree to consider the question of bu~ transportation and to submit report and recommendatio~ to Council as to what its policy -~d course of action would, be wit~ respect to same. ~0NING: A communication from Funk. houser and Whittle, representing R. ~.'. Robertson, asking that part of Lots 1, '2, 4, and all of Lot 3, located on the Southeast corner of Dale Avenue and Fourteenth Street, be rezoned from resident to light industrial district in order that the owner may operate a small bottling company, was before Council. The communication is referred to the Board of Zoning.Appeals for investigation, report and recommendation. ROANOKE ~',ATER ~0RKS C0_~PANY: A c~mmuntcatton from the City Attorney, together with final order from the State Corporation Commission dated March 31, 1~37, in the case of the applicat.ion of the Roanoke ~;'ater ~orks Company for Increased rates fixing the value of the property as $3,~60,000.00, and denying any increase in rates, was before Council. The communication is filed. ROANOKE ~ATER ~.0RK~ COMPANY: A communication from ~r. Vernon F. ~est, President of t~e Roanoke ;~ater ~'~'orks Company, advising that he will meet with Council at 9:00 o'clock a. m., on Tuesday, April 6, 1937, to discuss arbitration for the purchase by. the City of Roanoke Water ~orks Company, was before Council. The communication is filed. RES~ORTS OF OFFICERS: REPORT OF TH~~. CITY MANAGER; The City Manager submitted report of work accomplished and expenditures for the week ending March 25, 19~?, showing cost of garbage removal as 53~ cents. The report is filed. ~RAFFI~. The City Manager submitted report showing violations of Section 48 of ~he Traffic Code, as well as other violations, during the month of March, 1937, as requested in Resolution No. 5112, showing total violations of 867, convictions of ~4, dismissed 33l, 4 continued, and ?54 warned. The report is filed. DELINQUENT TAX DEPARTMF~NT: The Delinquent Tax Collector submitted quarterly report for period from January 1st to ~arch 31st, 19~?, showing collection of taxes on real estate amounting to $29,779.50, personal property, $6,92~.54, total,t36,?03.04, ~s compared with the same period for 19~6, as shown by separate report, real estate Gollecttoas being $31,018.93, personal property, $2,733.07, total, $~5 ,752 .00. The Delinquent Tax Collector is requested for all future reports to show comparative figures for similar period of the previous year. In this co_nnection the City Clerk is directed to =eques~ the City Auditor to .~urnish Council statement showing collections of delinquent ~axes for period from ~anuary 1st to ~arch 5lst, divided between real estate and personal property, and ;he same Quarterly period in each of the years from 19~? to 1937, inclusive~ lit Y ~rom Franklin Road REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: STREET-BRANDON ROAD: The President, Mr. Small, brought to the attention of the Manager and Council the question of improving and straightening Brandon Avenue to Raleigh Court, which question was before Council on September 491 492 16, 1936, at which time a representative of the State ~Aighway Department appeared before Gommoil. In this connection the City Manager advised that the question is ncm being considered and later presented blue print showing pr~pose~ plan for straightening the curbs, necessitating the acquiring by the City of property before the State ,undertakes the work. The City Man~ger will smbmit report at a later date. CROSS-OVERS: The question of granting the Economy Oil Company permit to con- struct cross-overs for filling station on Lynchburg Avenue, which question was pre- .viously before Council and laid over, was again before the body and again laid over CONSIDEH~TION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUI'IONS: PUBLIC %~LFaRE Dv~PAR£MENT. The question of paying invoices amounting to $2?.00 covering expenses of ~'. B. Jarrett, an indigent patient, sent to hospital in Richmond by the Public ';ielfare Department, which authority was previously granted, was before Council, mr. Wood offering the following hesolution: (F5141) A RESOLUTION authorizing and directing the City Auditor to draw warrant in payment of invoice amounting to $2?.00 covering expenses of sending ~. B. Jarrett, an indigent patient, to hospital in Richmond. ( For full text of Resolution see urdinance Book No. 9, page 169). klr. %~ood moved the adoption of the Resolution. The motion was seconded by M~r. Bear and adopted by the following vote: AYES: Messrs. Bear, '~'i~n, W cod, and tne President, Mr. Small--4. N~YS: None ---0. C0~0N%;EALTn AT£0RNEY; The Commonwealth Attorney having previously submitted the name of R. T. Edwards as Special Assistant Commonwealth Attorney, effective April 1, 1937, M~r. ~ood offered the following Resolution ratifying and approving the appointment. (~5142) A RESOLUTION concurring in the appointment of Special Assistant Attorney attached to the office of t~e Attorney for the Commonwealth for the City of Roanoke, pursuant to Ordinance No. 4964, Roanoke on the 2nd day of october, 1936. ( For full text of Resolution see Ordinance adopted by the Council of the City of Book No. 9, page 166). Mr. Wood moved the adoption of the Resolution. The motion was seconded by ~. Wi~n and adopted by the following vote: AYES: Messrs. Bear, Winn, ~ood, and the President, Mr. Sm~ll--4. NAYS: None ---0. BUDGET-C0}A~t0N'~,EALTH ATTOHNEY: Council having adopted Resolution concurring in the appointment of Assistant Commonwealth Attorney, and there being no funds ~i: appropriated in the Budget for the present fiscal year for payment of said Assistant; ~Lr. Bear offered the following Ordinance providing for sufficient funds for payment '~1 of the Assistant for the balance of the present fiscal yes~. (~5143) AN ORDINANCE to amend and reenact Section ~23, of an Ordinance adopted by the Council of the City of Roanoke, ~29th day of June, 1936, No. 4860, and "Commonwealth Attorney" Virginia, on the entitled, "An Ordinance making appropriati ons and ending June ~0, 1937". :for the fiscal year beginning Suly 1, 1936, (For full text of Ordinance see Ordinance Book No. 9, page 167.). It'ood Mr. Bear moved the and adopted by the adoption of the following vote: Ordinance. The motion was seconded by Mr. AYES: Messrs. Bear, Winn, hood, and the President, Mr. Small --4. NAYS: None --0. BRIDGES-WASENA: in financing the construction of Wasena Bridge has been approved and l/ashington, :Honorable C. iobtain the !Resolution: Council. having been advised that application for funds to aid forwarded to and it being the consensus of opinion oi' Council that the support of A. ~oodrum should be elicited to assist the City in its efforts to funds from the Federal Govermnent, Mr. ~'ood offered the following (/~5144) A RE~OLUTION requesting Honorable C. A. Noodrum to assist and support the City of Roanoke in its efforts to obtain a grant of funds from the United States of America, t~ough the Federal Emergency Administration of Public Works, said grant to be used as an aid in financing the construction of a bridge over Roanoke River, connecting Elm Avenue, S. ~'., and }dain Street, Wasena, to be known as "Wasena ( For full text of ~esolution see Urdinance Book No. 9, page 16___~?). M~. '~,'ood moved the adoption of'the Resolution. The motion was seconded by ~r. Winn and adopted by the following vote: AYES: ~essrs. tear, ~inn, Wood, end the ~resident, ~r. Small--4. NAYS: None .... 0. e In this connection the Mayor will also write Congressman Woodrum and offer to send a committee from Council to confer with PWA officials in Washington if it ishould seem necessary. tCITY PLAIINING: The City Attorney brought to the attention of Council the Br id ge" . hesolution adopted by the Council of the City of Roanoke on the 10th 192~, accepting the comprehensive City Plan, advising that some question by the Judge of the Circuit Court in approving subdivision applications, iambiguit y of iday of June, has been raised and presented draft of ~esolution to clarify same. 493 After a discassion of the question ~r. ~'ood offered the following Resolution: (~5145) A RESOLUTION approving a map showing in general a comprehensive plan !for future development and laying out of main proposed throughfares in the City of Roanoke and within three miles of the corporate limits of said City. Bear and ( For full text of ~tesolution see ordinance Book No. 9, page 168). Mr. Wood moved the adoption of the nesolutton. The motion was seconded by M~. adopted by the following vote: AYES: Messrs. Bear, Winn, ~ood, and the ~resident, ~ir. Small--A. NAYS: None ---0. MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: The question of passing on two applications for rezoning property, one in South Roanoke and one in Raleigh Court, was before Council, the :resident, ~r Small, advising that the two applications would be voted on as soon as a full member- ship of Council is present, Mr. Powell still being absent, due to illness. FILLING STATION: The City Manager brought to the attention of Council a request from George Francis to lease property belonging to the City on the Southwest corner of Lynchburg Avenue and T~%~ Street, N. E., for the purpose of erecting and operating a filling station, at a price of $1.00 per month. 494 During a discussion of the question and it being suggested that the City would "t consider selling the property, ¼r. Bear moved hat Council decline to lease the property in question at the price stipulated. The motion was seconded by Mr. Winn and unanimously adopted. STBEEI'S; quest i on i. widening The Gity ~anager is The City Manager again brought to the attention of Council the of purchasing property on Morrill Avenue from W. To Brodie for street purposes at a cost of ~lO0.O0. directed to advise Mr. Brodie that the City will accept the property at the price ri.mad upon delivery of deed showing good and sufficient ~:tltle free of encumbrances, approved by the City Attorney. " BUILDING CODE: The ~resident, ~r. Small, brought to the attention of Council :the question of recodifytng, the Building Code and suggested that a committee be appointed to consist of the 'City Manager, th~ City Engineer, the Building Inspector and members of the building trades and artitects, to be selected, to submit draft to Council for its consideration. Mr, Bear opposed the appointment of members of the committee outside of the City Government, After further discussion of the question the City Clerk is directed to prepare Resolution creating a Building Code Conwnittee not to exceed seven members, which committee shall include the City ~anager, the City 'Engineer and Building Inspector who will be requested to submit the names of four members associated with the building trades to serve upon t~e committee, the City Clerk to be ex-officio of this Committee, to pre~are and submit to Council g recodi, f~.cation of the Code or the City of Roano[e. There being no further business, on motion of Mr. Wood, .Council adjourned to reconvene at ~..:~0 o'clock a. m., on April 6, 1937, discussion of arbitration with the Roanoke ~ater ¥~'orks Company. APPROVED secretary seconded by Mr. Bear, for Building! i .| /erk President After the adjournment of the meeting Council met in Executive Session for an informal discussion of proposal to be made to the ~ater Company. 495 COUNGI L, ADJOURNED MEETII~O, Tuesday, April 6, 1937. The Council of the City of Roanoke having adjourned its regular meeting at I5:30 o'clock p. m., on Monday, April 5th, to reconvene at 9:00 o'clock a. m., on IApril 6, 1937, to discuss ~lth representatives of the Roanoke .the question of arbitration, met in the Circuit Court Room in et the appointed hour. · ater ~orks Company the Municipal Building PRESENT: Messrs. Bear, Winn, Wood, and the President, Mr. Snail ---4. ABSEI~T: Mr. Powell .... 1. The President, Mr. Small, presiding. 0~'FICERS PHESENT: Mr. ~'. P. Hunter, City Manager, and Mr. C. E. Hunter, At t or ne y. City REPRF~Ei~TING Thb~ ~ATER COI~PANY: Messrs. Vernon Rogers and Colonel James P. Woods, Attorneys. F. West, President, Mr. Fra_nk ROANOKE ~,ATER ~,0B_Ks COMPANY: Pursuant to adjournment and upon motion of Mr. i~'ood, seconded by Mr. ~inn, the following proposa~ was read by the President, Mr. Small, and copies submitted to representatives of the ~ater Company: "Foregoing f~r the purposes of this discussion, a review of previous negotiations, ~litigations and proposals for arbitration between respective parties for acquisition' ;.of plant and facilities of the Roanoke ~ater ~orks Company by the City, I am au- 'thorized, by unanimous action of Council, to submit the following offer as a basis of agreement for purchase, by the City, subject to legal authority bonds, of the property of the Roanoke '~'ater ~orks Company. for issuance of ~1. The City reserves all of its ~igh~ta, , provided by law, to except to and appeal any part or parts of the decision of the State Corporation Commission, rendered Marck 31, 19~?, fixing the value of the property of the Roanoke ~ater '~orks Company. ~2. Upon delivery of good end sufficient title, free of all encumbrances, of the plant and property of the Roanoke ~ater ~'orks Company, exclusive of the Carvin's Cove properties, the City will pay the sum of $3,460,000, subject to the following deductions fr~n the principal sum above referred to, i. e., (a) The amount allowed by the State Corporation Com- mission in its decision of March 31, 1937 for materials, supplies and working capital. (b) The amount fixed by the Ccrporation Commission as the value of that certain tract of land designated as BA?ll, more readily identified as property on the north side of Salem Avenue. "3. The City proposes that the value of the Carvin's Cove property be arrived at by some agreed process, the amount so determined to be in addition to the sum offered for the remainder of the properties. The City agrees that upon acceptance by 'the Ro~_n_oke ~ater ~'orks Company of the general terms and conditions, above outlined, that it will promptly call a referendum election for authority to issue necessary bonds to defray the purchase cost of both properties, and advocate ratification and approval by the electorate. "The City makes this offer in an effort to deal liberally and equitably with the Company, and in furtherance of expressed public authority for acquisition of the property for municipal purposes. The City is convinced that the price offered exceeds any value which will be found through condemnation.~ '496 ~fter acme d~acuaalon of the Dropoeal between Council, Mr. lest and ~ttorne~e for the Water Company, it was understood the Roanoke ~ater Works Company would delay replying until receipt of written opinion from the State Corporation Commission, and that reply to the proposal would be given one week after receipt of the opinion, it being further understood if in the opinion of Council action is necessary prior to written opinion from the State Ca'poration Commission, the Roanoke '~ater ~orks Company will be so notified by Council. There being no further business, Council adjourned. APPROVED President COUNCIL, P~EGUL~ UEETING, Monday, April 12, 1957. A quorum failing to appear, the meeting is adjourned until Friday, April 16, 1959, at 2 o'clock p. mo APPROVED 497 DONALD IL HAYNES State Librarian RAY O. liUM.MEL. JR. A~istant L~tarian GOt HoNWEALTH- OF VIRGINIA STATE LIBRARY RICHMOND 23219 LIBRARY DIVISION General Libra~ Branch Library Development Branch ARCHIVES DIVISION A~chive$ Branch Publications Br~nch Local R¢cotd$ Bra~¢h LIBRAI~Y SERVICES DIVISION Admin~uative 0 t'fices Records Man,~ement Section ?hotogzaphi¢ Laboratory MICROFILM CAMERA OPERATOR'S CERTIFICATE THIS Is TO CERTIFY THAT THE MICROPHOTOGRAPHS APPEARING ON THIS REEL ARE TRUE AND~-ACCURATE REPRODUCTIONS OF THE RECORDS LISTED ON THE TITLE SHEET PRECEDING EACH VOLUME OR SERIES OF RECORDS MICROFILMED THEREONJ THAT THE RECORDS ~ERE MICROFILMED ON THE DATE~ OR DURING THE PERIOD~ AHD AT THE REDUCTION RATIO INDICATED$ AND THAT WHEN MICROFILMED THE RECORDS HERE IN THE CUSTODY OF THE DEPARTHENT~ OFFICEr OR INDIVIDUAL LISTED ON THE TITLE SHEET, [iIC~OF I LM/{~AMER~ OPER'ATOR / ~ JJATE /c~'~ ~ -- ~ 2 t