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Home My WebLink About35115-112000 thru 35481-071601IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35115-112000. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding a new §23-7, Employment of Off-Duty Police Officers and Sheriff's Deputies, Article I, In General, of Chapter 23, Police; to confirm the existence of the law enforcement powers and authorities of police officers and deputy sheriffs during periods of off-duty employment; and providing for an effective date. WHEREAS, police officers and sheriff's deputies of the City of Roanoke are vested with certain law enforcement powers and authorities by the Code of Virginia, and by the Roanoke City Charter; and WHEREAS, the law enforcement powers and authorities vested in Roanoke police officers and sheriff's deputies by the Code of Virginia and the Roanoke City Charter include the power and duty to enforce the criminal laws of Virginia and the ordinances of the City, whether or not during service on an assigned duty shift or while employed by another entity off-duty; and WHEREAS, Section 15.2-1712 of the Code of Virginia authorizes but does not require cities to adopt an ordinance which permits their law enforcement officers to engage in off-duty employment which may occasionally require the use of police powers with which they are already vested; and WHEREAS, the intent of this ordinance is to confirm the existence of the law enforcement powers and authorities of police officers and sheriff's deputies during periods of off-duty employment. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new, §23-7, Employment of Off-Duty Police Officers and Sheriff's Deputies, Article I, In General, of Chapter 23, Police to read and provide as follows: §23-7. Employment of Off-Duty Police Officers and Sheriff's Deputies. Upon individual application to, and approval by the Chief of Police or the Sheriff of the City, police officers and sheriff's deputies may engage in off-duty employment, including employment which may occasionally require such officers to use their police powers in the performance of such employment. The Chief of Police and the Sheriff are hereby authorized to promulgate rules and regulations applying to such off-duty employment of their respective employees. 2. This ordinance shall be in effect on and after January 1, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35136-112000. A RESOLUTION naming Lawrence Harrison Hamlar Citizen of the Year 2000 for the City of Roanoke. WHEREAS, Mr. Hamlar is a native of Roanoke, having graduated from Lucy Addison High School and having received his undergraduate degree from Virginia State College. He attended the Gupton-Jones College of Mortuary Science before co-founding in 1952 the Hamlar-Curtis Funeral Home, which is located in northwest Roanoke. WHEREAS, Mr. Hamlar has demonstrated a heart for higher education and for the advancement of minorities in the Roanoke Valley. A member of First Baptist Church and a life member of the National Association for the Advancement of Colored People, he established the COnstance J. Hamlar Memorial Scholarship, in memory of his late wife, for minority students at Virginia Western and Roanoke College. WHEREAS, Mr. Hamlar has served on the boards of Virginia Western Community College, First Federal Savings and Loan Association, Roanoke Science Museum, Virginia Council of Small Business Administration and Roanoke City Schools. Mr. Hamlar has served as a trustee of Roanoke College since 1986, and last year received an honorary doctorate from that institution. WHEREAS, Mr. Hamlar served as vice president of the economic development and community relations committee of Total Action Against Poverty (TAP). He helped organize Valley Bank, and he served as chairman of the Virginia Recreational Facilities Authority's board to oversee the administration of Explore Park. WHEREAS, in 1988, Mr. Hamlar received the National Brotherhood/Sisterhood Award from the Roanoke Valley Chapter of the National Conference of Christians and Jews. In 1993, he received the Noel C. Taylor Distinguished Humanitarian Award from TAP. In 1998, he was inducted into Junior Achievement's Business Hall of Fame, and in 1999 he was inducted into Virginia State University's Football Hall of Fame. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Lawrence Harrison Hamlar be named Citizen of the Year for the year 2000 in the City of Roanoke, Virginia. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35137-112000. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, School and School Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General, School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental ............................... $ Transfers to Other Funds (1) ..................... Fund Balance Reserved for CMERP - Schools (2) ................ $ SchoolFund Appropriations Education Instruction (3-6) ............................... Operation/Maintenance of Plant (7-8) ............ Facilities (9-17) .............................. Parent Resource Center Equipment 2000-01 (18) .... Flowers for Education 2000-01 (19-21) ............ 65,318,614.00 65,098,662.00 894,977.00 $135,988,549.00 73,966,341.00 10,359,816.00 2,135,298.00 1,699.00 7,524.00 5 Special Education Interpreter Training 2000-01 (22-26) ........................ $ Blue Ridge Technical Academy 1999-2000 (27) ...... 6,797.00 168,000.00 Revenues EducationS 134,327,614.00 Parent Resource Center Equipment 2000-01 (28) .... Flowers for Education 2000-01 (29) ............... Special Education Interpreter Training 2000-01 (30).. Blue Ridge Technical Academy 1999-2000 (31) ...... Nonoperating (32) .............................. 1,699.00 17,524.00 6,797.00 168,000.00 45,459,146.00 School Capital Projects Fund A_~r~ro=riations Education Roanoke Academy for Math and Science Improvements (33) ..................... Public Improvement Bonds - Series 1999 (34) ....... 38,111,958.00 809,450.00 1,301,271.00 1) Transfer to School Fund 2) Reserved for CMERP - Schools 3) Compensation of Teachers 4) Social Security 5) Compensation of Librarians 6) Social Security 7) Compensation of Food Service 8) Social Security 9) Books and Subscriptions (001-250-9310-9530) (001-3324) (030-060-6001-6102-0121) (030-060-6001-6102-0201) (030-060-6001-6318-0122) (030-060-6001-6318-0201) (030-060-6004-6685-0194) (030-060-6004-6685-0201 ) (030-060-6006-6100-0613) 10) Replacement- Machinery and Equipment (030-060-6006-6100-0801 ) 11) Additions - Machinery and Equipment (030-060-6006-6109-0821) 309,542.00 (184,542.00) 38,706.00 2,961.00 38,706.00 2,961.00 38,705.00 2,961.00 4,320.00 35,803.00 15,389.00 12) Additions - Machinery and Equipment 13) Buildings 14) Replacement - Other Capital Outlay 15) Additions - Other Capital Outlay 16) Additions - Other Capital Outlay 17) Building (030-060-6006-6681-0821 ) (030-060-6006-6681-0851) (030-060-6006-6896-0809) (030-060-6006-6896-0829) (030-060 -6006-6896-0829) (030-060-6006-6896-0851) 18) Additions - Machinery and Equipment (030-060-6566-6553-0821) 19) Purchased Services (030-060-6567-6129-0381) 20) Educational and Recreational Supplies (030-060-6567-6129-0614) 21) Additions - Machinery and Equipment 22) Supplements 23) FICA 24) Professional Health Services 25) Tuition - Private Schools 26) Education and Recreational Services 27) Supplements 28) Federal Grant Receipts 29) Federal Grant Receipts 30) Federal Grant Receipts 31) State Grant Receipts 32) Transfer from General Fund 33) Appropriated from 1999 Bonds 34) Schools (030-060-6567-6129-0821 ) (030-060-6568-6174-0129) (030-060-6568-6174-0201) (030-060-6568-6174-0311 ) (030-060-6568-6174-0312) (030-060-6568-6174-0614) (030-060-6809-6100-0129) (030-060-6566-1102) (030-060-6567-1102) (030-060-6568-1102) (030-060-6809-1100) (030-060-6000-1037) (031-060-6058-6896-9001) (031-060-9709-9182) 17,895.00 5,854.00 1,100.00 10,213.00 27,128.00 66,840.00 1,699.00 4,807.00 3,555.00 9,162.00 360.00 28.00 4,150.00 1,927.00 332.00 18,000.00 1,699.00 17,524.00 6,797.00 18,000.00 309,542.00 625,000.00 (625,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35138-112000. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-127) ............................ $187,639,065.00 1) FICA (001-110-1234-1120) $ (1,101.00) 2) Medical Insurance (001-110-1234-1125) 5,695.00 3) FICA (001-120-2111-1120) (1,819.00) 4) Medical Insurance (001-120-2111-1125) 7,889.00 5) FICA (001-125-2110-1120) ( 638.00) 6) Medical Insurance (001-125-2110-1125) 2,378.00 7) FICA (001-130-1233-1120) (1,232.00) 8) Medical Insurance 9) FICA 10) Medical Insurance 11) FICA 12) Medical Insurance 13) FICA 14) Medical Insurance 15) FICA 16) Medical Insurance 17) FICA 18) Medical Insurance 19) FICA 20) Medical Insurance 21) FICA 22) Medical Insurance 23) FICA 24) Medical Insurance 25) FICA 26) FICA 27) Medical Insurance 28) FICA 29) Medical Insurance 30) FICA 31) Medical Insurance 32) Medical Insurance 33) FICA 34) Medical Insurance 35) FICA 36) Medical Insurance 37) FICA 38) Medical Insurance 39) FICA 40) Medical Insurance 41) FICA 42) Medical Insurance 43) FICA 44) Medical Insurance 45) FICA 46) Medical Insurance 47) FICA 48) Medical Insurance (001-130-1233-1125) (001-140-2140-1120) (001-140.2140-1125) (001-140-3310-1120) (001-140-3310-1125) (001-150-2210-1120) (001-150-2210-1125) (001-150-2211-1120) (001-150-2211-1125) (OOl.2OO-111o-112o) (OOl-2OO-11 lO-1125) (001-210-1220-1120) (001-210-1220.1125) (001-220-1120-1120) (001-220-1120-1125) (001-230-1235-112O) (001-230-1235-1125) (001-230-1236-1120) (001-240-1240-1120) (001-240.1240-1125) (o01-250-1231-1120) (o01-280-1231-1125) (o01-250-1232-1120) (001-250.1232-1125) (001-250-9110-1128) (001-260-1310-1120) (001-260-1310-1125) (001-300.1211-1120) (001-300-1211-1125) (001-310-3520-1120) (o01-310-3520-1125) (001-310-8120-1120) (001-310-8120-1125) (001-410-1212-1120) (001-410-1212-1125) (001-410-1213-1120) (001-410-1213.1125) (o01-420-1261-112o) (o01-420-1261.1125) (o01-420-1263-1120) (o01-420-1263-1125) 6,445.00 (3,181.00) 12,333.00 (13,662.00) 67,782.00 (1,912.00) 7,387.00 ( 91.00) 501.00 ( 235.00) 1,440.00 (1,112.00) 3,506.00 ( 592.00) 2,691.00 (1,339.00) 5,759.00 ( 45.00) ( 764.00) 3,254.00 (2,116.00) 8,825.00 (1,442.00) 8,324.00 (552,497.00) ( 354.00) 939.00 (1,799.00) 4,820.00 ( 202.00) 501.00 ( 706.00) 1,690.00 ( 796.00) 3,381.00 ( 249.00) 1,752.00 (1,147.00) 4,568.00 ( 356.00) 939.00 49) FICA 50) Medical Insurance 51) FICA 52) Medical Insurance 53) FICA 54) Medical Insurance 55) FICA 56) Medical Insurance 57) FICA 58) Medical Insurance 59) FICA 60) Medical Insurance 61) FICA 62) Medical Insurance 63) FICA 64) Medical Insurance 65) FICA 66) Medical Insurance 67) FICA 68) Medical Insurance 69) FICA 70) Medical Insurance 71) FICA 72) Medical Insurance 73) FICA 74) Medical Insurance 75) FICA 76) FICA 77) Medical Insurance 78) FICA 79) Medical Insurance 80) FICA 81) Medical Insurance 82) FICA 83) Medical Insurance 84) FICA 85) FICA 86) Medical Insurance 87) FICA 88) Medical Insurance 89) FICA (001-430-4130-1120) (001-430-4130-1125) (001-430-4170-1120) (001-430-4170-1125) (001-440-1237-1120) (001-440-1237-1125) (001-440-1260-1120) (001-440-1260-1125) (001-440-4220-1120) (001-440-4220-1125) (001-440-4330-1120) (001-440-4330-1125) (001-520-3211-1120) (001-520-3211-1125) (001-520-3212-1120) (001-520-3212-1125) (001-520-3213-1120) (001-520-3213-1125) (001-520-3214-1120) (001-520-3214-1125) (001-520-3521-1120) (001-520-3521-1125) (001-530-1280-1120) (001-530-1280-1125) (001-530-4110-1120) (001-530-4110-1125) (001-530-4140-1120) (001-530-4160-1120) (001-530-4160-1125) (001-530-4210-1120) (001-530-4210-1125) (001-530-4211-1120) (001-530-4211-1125) (001-530-4310-1120) (001-530-4310-1125) (001-550-7410-1120) (001-560-3410-1120) (001-560-3410-1125) (001-610-8110-1120) (001-610-8110-1125) (001-620-4340-1120) (2,721.00) 15,900.00 ( 367.00) 1,941.00 ( 428.00) 2,441.00 ( 139.00) 501.00 (1,586.00) 12,581.00 (2,812.00) 15,336.00 (1,028.00) 3,066.00 (1,212.00) 4,382.00 (18,690.00) 90,939.00 (1,311.00) 6,385.00 (3,098.00) 13,393.00 ( 282.00) 437.00 (3,484.00) 23,472.00 ( 158.00) (1,696.00) 11,518.00 (2,990.00) 23,161.00 ( 704.00) 5,195.00 (2,149.00) 8,011.00 ( 51.00) (1,095.00) 5,759.00 (2,230.00) 10,516.00 (5,182.00) 90) Medical Insurance 91) FICA 92) Medical Insurance 93) FICA 94) Medical Insurance 95) FICA 96) Medical Insurance 97) FICA 98) Medical Insurance 99) FICA 100) Medical Insurance 101) FICA 102) Medical Insurance 103) FICA 104) Medical Insurance 105) FICA 106) Medical Insurance 107) FICA 108) FICA 109) Medical Insurance 110) FICA 111) Medical Insurance 112) FICA 113) Medical Insurance 114) FICA 115) Medical Insurance 116) FICA 117) Medical Insurance 118) FICA 119) Medical Insurance 120) FICA 121) Medical Insurance 122) FICA 123) Medical Insurance 124) FICA 125) Medical Insurance 126) FICA 127) Medical Insurance (001-620-4340-1125) (001-620-7110-1120) (001-620-7110-1125) (001-630-1270-1120) (001-630-1270-1125) (001-630-5311-1120) (001-630-5311-1125) (001-630-5313-1120) (001-630-5313-1125) (001-630-5314-1120) (001-630-5314-1125) (001-630-5316-1120) (001-630-5316-1125) (001-630-5317-1120) (001-630-5317-1125) (001-630-5318-1120) (001-630-5318-1125) (001-630-8170-1120) (001-631-3330-1120) (001-631-3330-1125) (001-631-3350-1120) (001-631-3350-1125) (001-631-3360-1120) (001-631-3360-1125) (001-640-3111-1120) (001-640-3111-1125) (001-640-3112-1120) (001-640-3112-1125) (001-640-3313-1120) (001-640-3313-1125) (001-640-3314-1120) (001-640-3314-1125) (001-640-3115-1120) (001-640-3115-1125) (001-640-3530-1120) (001-640-3530-1125) (001-650-7310-1120) (001-650-7310-1125) 29,603.00 (2,935.00) 9,200.00 ( 133.00) 501.00 (1,392.00) 10,389.00 (5,563.00) 35,740.00 (5,565.00) 32,358.00 (1,374.00) 7,387.00 ( 160.00) 501.00 ( 240.00) 1,314.00 ( 36.00) ( 347.00) 1,440.00 ( 863.00) 4,255.00 ( 744.00) 2,316.00 ( 646.00) 1,877.00 (4,169.00) 20,783.00 (16,052.00) 74,413.00 (3,067.00) 17,151.00 ( 781.00) 3,692.00 ( 513.00) 3,443.00 (3,117.00) 16,401.00 ]] BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35139-112000. A RESOLUTION authorizing the execution of a contract and related documents with Trigon Blue Cross Blue Shield to provide for a Comprehensive Health Plan and a Point of Service Health Plan for subscribers and retirees of the City and members of their families, for one year beginning January 1, 2001, with an option to renew clause for two additional one year terms contingent upon rate adjustments and availability of funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Trigon Blue Cross Blue Shield, for a Comprehensive Health Plan and a Point of Service Health Plan for subscribers and retirees of the City and members of their families for a term of one year beginning January 1, 2001, and ending December 31, 2001, with the City's right to renew the contract on acceptable terms and conditions for two additional one-year terms, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Trigon Blue Cross Blue Shield and described in a report to Council dated November 20, 2000. 2. The contract shall be delivered, if possible, to the City not later than December 15, 2000, fully executed by Trigon Blue Cross Blue Shield and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35140-112000. A RESOLUTION encouraging Virginia Gas Pipeline Company (VGPC) to hold a public hearing on the proposed route of the gas pipeline that it anticipates building in the City of Roanoke and surrounding area; to have VGPC seek the cooperation of other utilities and co-locate the proposed gas pipeline within existing gas or other utility easements where appropriate; and to further address any environmental or safety concerns of the citizens or residents of the area where the proposed gas pipeline will be located. WHEREAS, VGPC has announced plans to build a gas pipeline through Southwestern Virginia, which will include parts of the City of Roanoke and Roanoke County; and WHEREAS, some of the citizens of Roanoke City and the surrounding area have expressed concerns over the proposed route of the gas pipeline; and WHEREAS, both Roanoke County and the City of Roanoke have requested the State Corporation Commission to provide for a public hearing on the proposed route of the gas pipeline; and WHEREAS, Roanoke City Council believes it would be in the best interest of the citizens of the City of Roanoke and the surrounding area, as well as in the best interest of VGPC, for VGPC to hold a public hearing on the proposed route of the gas pipeline and receive citizen input and comment prior to a final decision being made on the route of the gas pipeline and, further, that VGPC should seek the cooperation of other utilities in trying to co-locate the proposed gas pipeline within an exisiting gas or other utility easement, and address the environmental impacts and safety concerns that any of the citizens or residents of the area may have concerning the proposed route of the gas pipeline. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke respectfully urges and requests that Virginia Gas Pipeline Company hold a public hearing in Roanoke City on the proposed route of the gas pipeline and receive citizen input and comment on that route. 2. That VGPC seek the cooperation of other utilities in order to co-locate the proposed gas pipeline within an existing gas or other utility easement where appropriate. 3. That VGPC address at the public hearing the environmental impacts and safety concerns that the proposed route of the gas pipeline would have on the area where it will be located and the surrounding areas and the citizens and residents of those areas. 4. That the City Clerk transmit copies of this Resolution to the Virginia Gas Pipeline Company, the Virginia State Corporation Commission, the Virginia General Assembly Delegates and Senators representing the City of Roanoke, and the governing bodies of Roanoke County, City of Salem, Franklin County, and Montgomery County. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor ]4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35141-112000. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,272,103.00 Community Oriented Police Facility (1-2) .......... 13,500.00 Revenues Public Safety $ 2,272,103.00 Community Oriented Police Facility(3) ............ 13,500.00 1) Expendable Equipment <$5,000.00 2) Project Supplies 3) Contributions (035-640-3329~035) (03S-640-3329-3005) (035~40-3329-3329) $ 2,343.00 11,1 57.00 13,500.00 15 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35142-1120000. A RESOLUTION accepting and expressing appreciation for the monetary pledge from the Williamson Road Area Business Association. WHEREAS, the Williamson Road Area Business Association has pledged $4,500 to assist the Roanoke Police Department in defraying the cost of renovations to an office the Police Department will occupy as a Community Oriented Police facility, at 1502 Williamson Road. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council accepts and expresses its appreciation for the pledge of $4,500 to the Roanoke Police Department from the Williamson Road Area Business Association. 2. The City Clerk is directed to forward an attested copy of this resolution to the Williamson Road Area Business Association. Mary F. Parker City Clerk APPROVED i~ph~~mith~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35143-112000. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Department of Motor Vehicles Highway Safety Grant (1-3) .................... Revenues Public Safety .................................. $ Department of Motor Vehicles Highway Safety Grant (4) ..................... $ 2,292,103.00 20,000.00 2,292,103.00 20,000.00 1) Expendable Equipment <$5,000.00 2) Training and Development 3) Other Equipment 4) State Grant Receipts (035-640-3330-203S) (035-640-3330-2044) (035-640-3330-9015) (035-640-3330-3330) $ 3,265.00 2,300.00 14,435.00 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th of day November, 2000. No. 35144-112000. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, Water, Civic Center, Capital Projects, and Management Services Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General, Water, Civic Center, Capital Projects, and Management Services Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations General Government $ Electoral Board (1) ............................ Judicial Administration Juvenile and Domestic Relations Court Clerk (2)... Circuit Court (3) .............................. Public Safety Fire - Operations (4-5) ......................... Police - Patrol (6-7) ........................... Public Works Traffic Engineering (8-9) ....................... Parks and Grounds Maintenance (10-11) ......... Parks, Recreation and Cultural Victory Stadium (12) ........................... Recreation (13) ............................... Libraries (14) ................................. Community Development $ Memberships and Affiliations (15-16) ............ NonDepartmental $ Transfers to Other Funds (17) .................. Fund Balance Reserved for CMERP - City (18) ................... $ Water Fund Appropriations Utility Line Services - Operating (19-20) ............$ 12,162,239.00 242,701.00 6,316,371.00 34,798.00 304,451.00 44,804,681.00 10,953,676.00 9,319,891.00 24,071,581.00 1,475,129.00 3,888,016.00 4,798,883.00 38,559.00 2,171,024.00 2,287,681.00 4,042,270.00 1,865,605.00 65,163,922.00 64,943,970.00 2,748,032.00 3,408,456.00 Retained Earnings Retained Earnings (21) .......................... $ Civic Center Fund Ar)r~ro_r)riations Civic Center Operating (22-23) .................... $ Civic Center Concessions (24) .................... Retained Earnings Retained Earnings (25) ........................... $ Capital Projects Fund Appropriations General Government $ Building Inspection Program (26) ................ Security at Public Works Service Center (27) ...... Quick Service Facility at Public Works Service Center (28) .............. Recreation $ Skate Park Improvements (29) .................. Revenues Nonoperating $ Transfer from General Fund (30) ................. Management Services Fund Appropriations Management Services - Operating (31) .............. $ 32,400,008.00 2,593,640.00 934,509.00 3,740,821.00 16,868,976.00 140,000.00 15,100.00 50,000.00 8,551,286.00 49,750.00 3,093,507.00 2,978,007.00 212,824.00 Retained Earnings Retained Earnings (32) ........................... $ 1) Expendable Equipment <$5,000.00 2) Expendable Equipment <$5,000.00 3) Expendable Equipment <$5,000.00 4) Expendable Equipment <$5,000.00 5) Other Equipment (001-260-1310-2035) (001-122-2131-2035) (001-125-2110-2035) (001-520-3213-2035) (001-520-3213-9015) 10,250.00 2,700.00 3,000.00 36,500.00 40,000.00 6) Expendable Equipment <$5,000.00 7) Other Equipment 8) Expendable Equipment <$5,000.00 9) Other Equipment (001-640-3113-2035) (001-640-3113-9015) (001-530-4160-2035) (001-530-4160-9015) 23,257.00 20,000.00 105,000.00 30,000.00 10) Expendable Equipment <$5,000.00 11) Other Equipment (001-620-4340-2035) (001-620-4340-9015) 25,000.00 75,000.00 12) Expendable Equipment <$5,000.00 13) Expendable Equipment <$5,000.00 14) Expendable Equipment <$5,000.00 15) Camp Virginia Jaycees 16) Center in the Square 17) Transfer to Capital Projects Fund 18) Reserved for CMERP 19) Expendable Equipment <$5,000.00 20) Other Equipment 21) Retained Earnings (001-550-7410-2035) (001-620-7110-2035) (001-650-7310-2035) (001-300-7220-3693) (001-300-7220-3706) (001-250-9310-9508) (001-3323) (002-510-2625-2035) (002-510-2625-9015) (002-3336) 4,000.00 172,293.00 15,400.00 10,000.00 100,000.00 154,850.00 (827,250.00) 30,100.00 79,000.00 (109,100.00) 186,972.00 22) Expendable Equipment <$5,000.00 23) Other Equipment 24) Expendable Equipment <$5,000.00 25) Retained Earnings 26) Appropriated from General Revenue 27) Appropriated from General Revenue 28) Appropriated from General Revenue (005-550-2105-2035) (005-550-2105-9015) (005-550-2109-2035) (005-3336) (008-052 -9724-9003) (008-530-9761-9003) (008-530-9762-9003) 158,890.00 207,500.00 21,015.00 (387,405.00) 40,000.00 15,100.00 50,000.00 29) Appropriated from General Revenue 30) Transfer from General Fund 31) Expendable Equipment <$5,000 32) Retained Earnings (008-530-9760-9003) (008-110-1234-1037) (015-410-1617-2035) (015-3336) 49,750.00 154,850.00 2,955.00 (2,955.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35145-112000. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2001 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 20, 2000, recommended to Council a Legislative Program to be presented at the 2001 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 20, 2000, !s hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2001 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2001 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:15 p.m., on December 4, 2000. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35146-112000. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aor~ropriations Sanitation $ Summit Hills Drainage Project - Phase I (1-2) ........ 2,215,901.00 232,725.00 Capital Improvement Reserve Public Improvement Bonds - Series 1996 (3-4) ....... Public Improvement Bonds - Series 1999 (5) ........ 5,448,346.00 245,742.00 7,284,687.00 1) Appropriated from 1996 Bond Funds 2) Appropriated from 1999 Bond Funds 3) Storm Drains 4) Streets and Sidewalks 5) Streets and Sidewalks (008-052-9695-9088) (008-052-9695-9001) (008-052-9701-9176) (008-052-9701-9191) (008-052-9709-9191) 189,443.00 11,447.00 (137,995.00) (51,448.00) (11,447.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35147-112000. AN ORDINANCE accepting the bid of J.P. Turner and Brothers Incorporated for installing approximately 900 feet of H.D.P.E. storm drain pipe and concrete curb along Summit Drive, upon certain terms and conditions and awarding a contract thei'efor; .authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of J.P. Turner and Brothers Incorporated, in the amount of $174,686.50, for installing approximately 900 feet of H.D.P.E. storm drain pipe and concrete curb along Summit Drive, as is more particularly set forth in the City Manager's report dated November 20, 2000, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35148-112000. A RESOLUTION changing certain times and places of commencement for regular meetings of City Council scheduled to be held Monday, December 4, 2000 and Monday, December 18, 2000. WHEREAS, Council Chambers, in the Municipal Building, at 215 Church Avenue, S.W., has been undergoing extensive remodeling, and alternative meeting places for City Council meetings are necessary until the remodeling has been completed. BE IT RESOLVED by the Council of the City of Roanoke that: 1. For the City Council meetings regularly scheduled to be held at 12:15 p.m., and 2:00 p.m., on December 4, 2000, and 12:15 p.m., 2:00 p.m., and 7:00 p.m., on December 18, 2000, the following schedule of times and places are hereby established for the commencement and location of these meetings: DATE OF MEETING TIME PLACE OF MEETING December 4, 2000 12:15 p.m. Emergency Operations Center 1't Floor, Municipal Building 215 Church Avenue, S.W. 3:00 p.m. Governor's School Lecture Hall Patrick Henry High School 2102 Grandin Road, S.W. December 18, 2000 12:15 p.m. Emergency Operations Center 1,t Floor, Municipal Building 215 Church Avenue, S.W. 3:00 p.m. Governor's School Lecture Hall Patrick Henry High School 2102 Grandin Road, S.W. 7:00 p.m. Governor's School Lecture Hall Patrick Henry High School 2102 Grandin Road, S.W. 27 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and that it be advertised in a newspaper having general circulation in the City at least seven days prior to December 4, 2000, and at least seven days prior to December 18, 2000. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35149-112000. A RESOLUTION closing certain City offices on Tuesday, December 26, 2000, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed on Tuesday, December 26, 2000. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Tuesday, December 26, 2000. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Tuesday, December 26, 2000, such employees, regardless of whether they are scheduled to work on Tuesday, December 26, 2000, shall be accorded equal time off at a later date. Employees of the Firs/EMS Department working the three platoon system shall receive twelve hours of holiday time due to their work schedule. 4. Adhersnce to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. APPROVED ATTEST: Mary F. Parker City Clerk Mayor Ralph K Smith IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 2000. No. 35154-112000. A RESOLUTION requesting the 2001 Session of the General Assembly to amend various sections of the existing Roanoke Charter of 1952 in order to modernize it, rsmove certain provisions and language therefrom and to provide in general for more efficient and effective legislative processes and municipal operations in the City. 29 WHEREAS, pursuant to the provisions of §15.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the City, of the time and place of a public hearing for citizens to be heard to determine if they desire that City Council request the 2001 Session of the General Assembly to amend the existing Roanoke Charter of 1952; and WHEREAS, the required public hearing was conducted on November 20, 2000; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952, in the manner advertised. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby requests that the 2001 Session of the General Assembly amend various sections of the Roanoke Charter of 1952, in the manner advertised. 2. The City Clerk is directed to send two attested copies of this resolution, a copy of the requested amendments to the Roanoke Charter of 1952, a publisher's affidavit showing that the public hearing on this request was advertised, and a certified copy of Council's minutes showing the action taken at the advertised public hearing to the Honorable John S. Edwards, Member, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, and the Honorable Clifton A. Woodrum, III, Member, House of Delegates, with the request that they introduce a bill in the 2001 Session of the General Assembly to amend the Roanoke Charter of 1952 in the manner advertised. APPROVED City Clerk Ralph K Smith Mayor 29 (A) - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35150-120400. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Edgewood Christian Church filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on November 20, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate In the City of Roanoke, Virginia, and more particularly described as follows: That undeveloped alleyway lying between parcels of land bearing Official Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an approximate distance of seventy (70) feet and a width of approximately ten (10) feet, 29(B) be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right.of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. ! I [ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2001. No. 35151-120400. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, C. E. & H. M. Corporation has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 20, 2000, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located on the south side of Elm Avenue, S.E., at its intersection with 1-581, and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4020317, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, as set forth in the Petition filed in the Office of the City Clerk on September 7, 2000, and that Sheet No. 402 of the Zone Map be changed in this respect. ATTEST: Mary F. Parker City Clerk APPROVED Smith~~/~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35152-120400. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-1, Office District. WHEREAS, Boone, Boone and Loeb, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a traCt of land containing 23.571-acres, more or less, lying between 1-581 and Franklin Road, S.W., being a portion of a larger parcel designated as Official Tax No. 1290107, which property was previously conditionally rezoned by the adoption of Ordinance No. 34406-080299 adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995. WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 20, 2000, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land containing 23.571- acres, more or less, lying between 1-581 and Franklin Road, S.W., and being a portion of a larger parcel designated as Official Tax No. 1290107, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on November 9, 2000, and as set forth in the report of the Planning Commission dated November 20, 2000, and that Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, be amended to reflect the changes in the proffered condition. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 34 - IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35153-120400. AN ORDINANCE amending and reordaining § 32-104, Levied; rate, of Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, by adding a new subsection (c) to provide for a reduction in the tax rate of the personal property tax as it applies to aircraft, pursuant to the provisions of the foregoing article, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-104, Levied; rate, of Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke,(1979), as amended, is hereby amended and reordained to read and provide as follows: (c) Effective January 1,2001, the tax rate contained in this section shall not apply to aircraft, as that term is used in §58.1-3506 (A) (2) of the Code of Virginia, (1950), as amended. For purposes of the taxation of such aircraft pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax at the rate of one dollar and six cents ($1.06) on every one hundred dollars ($100.00) of the fair market value of such aircraft. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35155-120400. A RESOLUTION authorizing execution of Amendment No. 2 to a Subgrant Agreement between the City and the Blue Ridge Housing Development Corporation, dated November 2, 1998, for funding to conduct additional affordable housing development projects in the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Deputy City Manager, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2 to the Subgrant Agreement with the Blue Ridge Housing Development Corporation, dated November 2, 1998, for funding to conduct additional affordable housing development projects in the City, said Amendment No. 2 to provide for the next installment of property purchases and transfers to Habitat for Humanity in the Roanoke Valley and payment of Blue Ridge Housing Development Corporation's construction and operating costs, as more particularly set out in the report to this Council dated December 4, 2000. 2. The amendment shall be approved as to form by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED Mayor - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35156-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $ 12,187,431.00 Purchasing (1) ................................. 397,561.00 Nondepartmental $ 65,948,630.00 Contingency (2) ................................ 318,712.00 1) Fees for Professional Services 2) Contingency (001-440-1237-2010) (001-300-9410-2199) $ 35,442.00 (35,442.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35157-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,600,754.00 Highway Safety Grant - FY01 (1-2) ................. 15,000.00 Revenues Public Safety $ Highway Safety Grant - FY01 (3) .................. 2,600,754.00 15,000.00 1) Overtime 2) FICA 3) State Grant Receipts (035-640-3408-1003) (035-640-3408-1120) (03S-640-3408-3408) 13,934.00 1,066.00 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35158-120400. A RESOLUTION authorizing the acceptance of a certain Highway Safety Grant from the Virginia Department of Motor Vehicles, sponsored by the United States Department of Transportation, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Motor Vehicles a Highway Safety Grant in the amount of $15,000, such grant being more particularly described in the report of the City Manager, dated December 4, 2000, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Virginia Department of Motor Vehicles. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35159-120400. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,567,264.00 Get Alarmed Virginia Grant (1- 3) ................. 19,510.00 Revenues Public Safety $ 2,567,264.00 Get Alarmed Virginia Grant (4) ................... 19,510.00 1) Temporary Wages 2) FICA 3) Project Supplies 4) State Grant Receipts 035-520-3339-1004) (035-520-3339-1120) (035-520-3339-3005) (035-520-3339-3339) $16,721.00 1,279.00 1,510.00 19,510.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Ma~ F. Pa~er City Clerk APPROVED Ralph K. Smith Mayor 40 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35160-120400. A RESOLUTION accepting and expressing appreciation for the monetary grant from the Virginia Department of Fire Programs and Virginia Department of Health. WHEREAS, the Virginia Department of Fire Programs and Virginia Department of Health have granted $74,510 to assist the Roanoke Fire-EMS Department in lowering fire deaths in the City of Roanoke via the identification of at- risk homes, installation of smoke detectors, and delivery of public fire and life safety education. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council accepts and expresses its appreciation for the grant of $74,510 to the Roanoke Fire-EMS Department from the Virginia Department of Fire Programs and Virginia Department of Health. 2. The City Clerk is directed to forward an attested copy of this resolution to the Virginia Department of Fire Programs and Virginia Department of Health. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 4] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35161-120400. A RESOLUTION authorizing the temporary re-assignment of City Council's representatives to the Policy Board of the Fifth District Employment and Training Consortium, so that the Deputy City Manager serves as the City of Roanoke representative to the Board and the Director of Human Services as alternate. BE IT RESOLVED by the Council of the City of Roanoke that City Council's appointees to the Policy Board of the Fifth District Employment and Training Consortium be temporarily re-assigned, reversing the roles so that the Deputy City Manager, James D. Ritchie, serves as representative to the Policy Board, and the Director of Human Services, Glenn D. Radcliffe, serves as alternate, within the limits set forth and for the purposes specified in the City Manager's report to this Council dated December 4, 2000. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35162-120400. A RESOLUTION accepting bids made to the City for furnishing and delivering trucks and related equipment, upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 42: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Quantity and Successful Bidder Total Purchase Description Price 2 - Refuse Truck Peterbilt of Richmond, Inc. $167,086.00 Cab/Chassis 2 - 24 cu. yd. Refuse McNeilus Truck and $107,784.00 Bodies Manufacturing Co. 2. The City's Manager of Purchasing is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into such orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 43 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35163-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Hotel Roanoke Conference Center Commission Repair Facility Project (1-2) .......... Hotel Roanoke Conference Center Commission Capitalized Interest (3) .............. $ 7,000,000.00 7,000,000.00 0.00 Revenues Non0Perating Hotel Roanoke Conference Center Commission Settlement (4) ...................... $ 8,350,000.00 8,000,000.00 1) Fees for Professional Services 2) Administration and Engineering Fees 3) Capitalized Interest Expense 4) Proceeds from Hotel Roanoke Conference Center Settlement (010-320-9510-2010) (010-320-9510-9055) (010-320-9511-9062) (010-110-1234-1270) 546,218.00 208,782.00 (755,000.00) 8,000,000.00 44 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED ~~~K. Smith~///~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35164-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Environmental Issues - Public Works Service Center (1) ................... Settlement United States Government - Public Works Service Center (2) .................. Settlement State DEQ - Public Works Service Center (3- 4) ................. $16,354,017.00 1,690,81 6.00 500,400.00 5,448,346.00 Community Development Tinker Creek Greenway (5-6) ..................... $ 4,598,645.00 250,000.00 45 Stream Bank Restoration - Smith Park Riparian Plantings (7- 8) ............... 92,500.00 1) Stream Bank Restoration 2) Greenways 3) Greenways 4) Stream Bank Restoration 5) Appropriated from State - Greenway 6) Appropriated from US Government - Greenway 7) Appropriated from General Revenue 8) Appropriated from State - Stream Bank Restoration (008-052-9670-9216) (008-052-9672-9213) (008-052 -9681-9213) (008-052-9681-9216) (008-530-9682-9133) (008-530-9682-9134) (008-530-9684-9003) (008-530-9684-9135) $ (17,500.00) (100,000.00) (150,000.00) (75,000.00) 150,000.00 100,000.00 17,500.00 75,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 46 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35165-120400. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke for constructing the Tinker Creek Greenway and Smith Park Riparian Plantings, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of U.S. Construction Co. of Roanoke, in the amount of $309,535, for constructing the Tinker Creek Greenway and Smith Park Riparian Plantings, as is more particularly set forth in the City Manager's report dated December 4, 2000, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE CITY OF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35166-121800. A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Our Lady of the Valley, Inc. to the extent required by section 147 of the Internal Revenue Code of 1986, as amended and Section 15.2-4906 of the Virginia Code. WHEREAS, Our Lady of the Valley, Inc. (the "Corporation") has requested The Industrial Development Authority of the City of Salem, Virginia (the "Issuer"), to issue its revenue note in the amount of $3,000,000 (the "Note") and the Issuer on December 7, 2000, adopted an inducement resolution with respect to the issuance of the Note; and WHEREAS, the proceeds of the Note will be used to finance the construction and equipping of an addition to the Corporation's existing facility for the residence and care for the aged known as Our Lady of the Valley and located in the City of Roanoke, Virginia; and WHEREAS, the Corporation has requested the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), to approve the issuance of the Note to complywith Section 15.2-4905 of the Virginia Industrial Development and Revenue Bond Act, as amended (the "Act"); and WHEREAS, a copy of the Issuer's resolution of December 7, 2000, approving the issuance of the Note has been filed with the Council; and i WHEREAS, the Issuer issues its bonds on behalf of the City of Salem, Virginia, and the City Council of the City of Salem, Virginia, has adopted a resolution approving the issuance of the Note by the Issuer for the benefit of the Corporation; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this case that the governmental unit having jurisdiction over the area in which any facilityfinanced with the proceeds of the Note is located approve the issuance of such note; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority"), on December 15, 2000, has held a public hearing on the issuance of the Note; and WHEREAS, the Roanoke Authority has recommended that the Council approve the issuance of the Note to comply with Section 147(f~ of the Code; and WHEREAS, a copy of the Roanoke Authority's resolution of December 15, 2000, recommending the issuance of the Note, a record of the public hearing and a fiscal impact statement with respect to the issuance of the Note have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council hereby approves the issuance of the Note by the Issuer to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, and concurs with the resolution adopted by the Issuer on December 7, 2000, to the extent required by Section 15.2-4905 of the Act. 2. The approval of the issuance of the Note does not constitute an endorsement of the Note or the creditworthiness of the Corporation..As required by Section 15.2-4909 of the Act, the Note shall provide that neither the City nor the Roanoke 49 Authority shall be obligated to pay the Note or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the City or the Roanoke Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35167-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Regional Literacy Coordinating Committee 2000-01 (1-3) .............. Blue Ridge Technical Academy 2000-01 (4-13) ......... $125,336,533.00 3,700.QQ ........ 238,900.00 50 - Revenues Education Regional Literacy Coordinating Committee 2000-01 (14) ............... Blue Ridge Technical Academy 2000-01 (15) .......... $123,585,598.00 3,700.00 238,900.00 1) Postal Services 2) Mileage 3) Office Supplies 4) Compensation of Directors 5) Social Security 6) Retirement - VRS 7) Health Insurance 8) Compensation of Supervisors 9) Supplements 10) Social Security 11) Mileage 12) Field Trips 13) Educational and Recreational Supplies 14) State Grant Receipts 15) State Grant Receipts (030-060-6737-6451-0521) (030-060-6737-6451-0551) (030-060-6737-6451-0601) (030-060-6819-6100-0114) (030-060-6819-6100-0201 ) (030-060-6819-6100-0202) (030-060-6819-6100-0204) (030-060-6819-6140-0124) (030-060-6819-6140-0129) (030-060-6819-6140-0201 ) (030-060-6819-6140-0551 ) (030-060-6819-6140-0583) (030-060-6819-6140-0614) (030-060-6737-1100) (030-060-6819-1100) $ 200.00 600.00 2,900.00 40,125.00 3,070.00 5,634.00 1,171.00 31,886.00 250.00 2,440.00 800.00 2,000.00 2,903.00 3,700.00 90,279.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K Smith Mayor 5] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35168-121800. A RESOLUTION authorizing the issuance of not to exceed $1,291,618 General Obligation Qualified Zone Academy Bond (Roanoke Academy), Series 2000, of the City of Roanoke, Virginia, to be sold to First Union National Bank and providing for the form and details thereof. WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $1,291,618 and to issue its general obligation "qualified zone academy bond," within the meaning of Section 1397E of the Internal Revenue Code of 1986, as amended (the "Code"), for the purpose of financing certain capital equipment for the Roanoke Academy of Mathematics and Science ("Roanoke Academy"); and WHEREAS, the City held a public hearing, duly noticed, on October 16, 2000, on the issuance of the Bond (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has by resolution approved, and has requested the Council to authorize, the issuance of the Bond; and WHEREAS, there have been presented to the Council the forms of the following instruments: (a) Bond Purchase Agreement, dated as of December 1, 2000 (the "Agreement"), between the City, First Union National Bank (the "Bank") and the Bank as escrow agent; and (b) The Bond. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: · of Bond and Use of Pr_oc. eeds. The Council hereby 1. Authorization .... L, _...~ issue and sell its general determines that it is advisable to contract a obligation qualified zone academy bond in an aggregate principal amount not to exceed $1,291,618 (the "Bond") for the purpose of financing certain capital equipment for Roanoke Academy· The Council hereby authorizes the issuance and sale of the Bond in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bond_. It is determined to be in the best interest of the City to accept the offer of the Bank to purchase from the City, and to sell to the Bank, the Bond at a price of par upon the terms established pursuant to this Resolution and the Agreement. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into the Agreement providing for the sale of the Bond to the Bank, in substantially the form submitted to the Council at this meeting, which form is hereby approved. 3. Details of the Bond_. The Bond shall be issued in fully registered form; shall be dated the date of issuance and delivery of the Bond (the "Closing Date"); shall be designated "General Obligation Qualified Zone Academy Bond (Roanoke Academy), Series 2000; shall mature on the thirteenth anniversary of the Closing Date, subject to the provision of Section 4 of this Resolution and shall have such other terms and conditions as contained in the form of the Bond attached as Attachment 1 to the Agreement. 4. ~. The City Manager is hereby authorized and directed to accept a change in the final maturity date of the Bond, at the request of the Bank, to reflect the longest maturity permitted under applicable law on the Closing Date for "qualified zone academy bonds" within the meaning of Section 1397E of the Code. The execution and delivery of the Bond as described in Section 6 hereof shall conclusively evidence such maturity date established by the Bank as having been so accepted as authorized by this Resolution. 5. Designation as Qualified Zone Acedemy Bond_. On behalf of the City, the Council hereby designates the Bond as a "qualified zo~Je academy bond" for the purposes of Section 1397E of the Code. 6. Form of the Bon_d. The Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached as Attachment 1 to the Agreement. 7. ~. The Bond is subject to prepayment at the option of the City as provided in the Agreement. 8. Execution and Delivery of the Bond. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the bond and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of the Bond and all payments under the Agreement as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while the Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of the Bond and other payments due under the Agreement as such principal and other payments shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Tax Compliance Certificate. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Tax Compliance Agreement setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Code and applicable regulations relating to the status of the Bond as a "qualified zone academy bond" within the meaning of Section 1397E of the Code (a "QZAB"). The Council covenants on behalf of the City that (a) the proceeds from the issuance and sale of the Bond, including any investment earnings thereon, will be invested and expended as set forth in such Tax Compliance Certificate and that the City shall comply with the other covenants and representations contained therein, and (b) the City will comply with the provisions of the Code to the extent necessary to ensure that the Bond continues to qualify as a QZAB. 11. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 12. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bond and any such action previously taken is hereby ratified and confirmed. 54 13. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on December 18, 2000, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Lynda F. Wyatt Present Absent Aye Nay Abstain WITNESS MY HAND and the Seal of the City of Roanoke, Virginia, this 18th day of December, 2000. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35169-121800. A RESOLUTION establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-based probation program, pursuant to the provisions of Article 2, Title 53.1 of the Code of Virginia (1950), as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Local-Responsible Offenders (Virginia Code § 53.1-180 et seq.) and the Virginia Pretrial Services Act (Virginia Code §19.2-152.2 et seq.) require the establishment and appointment of a Community Criminal Justice Board for the Court-Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the Court-Community Corrections Program previously has been established in accordance with law, and this Council now, and in conjunction with the governing bodies of the other jurisdictions that participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court-Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code §15.2-1411 and in consideration of the changes in the Code of Virginia since the Regional Community Criminal Justice Board's establishment. NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority granted to this Council by Virginia Code §§15.2-1411, 19.2-152.5, 53.1-183 and the Charter of the City of Roanoke as follows: 1. That a Regional Community Criminal Justice Board for the Court-Community Corrections Program is established. 2. That the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. That, in conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Council appoints the following persons to the Regional Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July 1, 2000. Because §$3.1-183 mandates that the Board's membership include persons who hold certain positions, this resolution sets out, along with the name of each person hereby appointed, a descriptive title for that person's position or occupation. Name and Title George C. Snead, Jr. Assistant City Manager for Organizational Support City of Roanoke Term 3 Years The Honorable George E. Honts, III, Judge, Retired Circuit Court Twenty-fifth Judicial Circuit 2 Years The Honorable Julian H. Raney, Jr., Judge Roanoke City General District Court Twenty-third Judicial District The Honorable John B. Ferguson, Judge Roanoke City/Roanoke County Juvenile & Domestic Relations Court Twenty-third Judicial District I Year 1 Year James C. Alderson, Commonwealth Attorney Alleghany County/City of Covington Sheriff George McMillan Roanoke City Sheriff's Office 2 Years 3 Years IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2000. No. 35170-121800. 57 AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Roanoke Passenger Station Renovation Project (1-2) ............ Revenues State Grant - Roanoke Passenger Station Renovation Project - TEA-21 (3) ................................................ Nonoperating Transfers from Other Funds (4) .............................. $ 5,006,145.00 750,000.00 500,000.00 3,246,408.00 3,130,908.00 58 1) Appropriated from General Revenue 2) Appropriated from State Grant Funds 3) Roanoke Passenger Station Project- TEA-21 4) Transfer from General Fund (008-530-9900-9003) (008-530-9900-9007) (008-008-1234-1333) (008-110-1234-1037) $ 250,000.00 500,000.00 500,000.00 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City clerk APPROVED Ralph K. Smith Mayor BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. City Clerk APPROVED ~~h K~.S. mith~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35171-121800. A RESOLUTION authorizing the City Manager to enter into a contract with Western Virginia Foundation for the Arts and Sciences for development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing the Western Virginia Foundation for the Arts and Sciences to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the City by virtue of an agreement with the Virginia Department of Transportation, upon certain terms and conditions. WHEREAS, by Resolution No. 34155-011999, adopted January 19, 1999, Council endorsed the Roanoke Passenger Station Renovation Project, and authorized the City Manager to enter into agreements with the Virginia Department of Transportation ("VDOT") and Roanoke Foundation for Downtown, Inc. ("Foundation"), wherein the Foundation agreed to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with VDOT for this project; and WHEREAS, by Resolution No. 34913-070300, adopted July 3, 2000, Council authorized the City Manager to enter into an agreement with JDL Castle Corporation wherein JDL Castle agreed to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with VDOT for this project; and WHEREAS, the Roanoke Passenger Station Building and property has been purchased by Western Virginia Foundation for the Arts and Sciences, from the Foundation, and Western Virginia Foundation for the Arts and Sciences will assume the obligations originally agreed to by the Foundation and then by JDL Castle Corporation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute, seal and attest, respectively, the requisite contract and all other appropriate agreements and documents, in form approved by the City Attorney, with Western Virginia Foundation for the Arts and Sciences, in connection with this project for the development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing Western Virginia Foundation for the Arts and Sciences to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the City by virtue of its agreement with VDOT, upon certain terms and conditions, as more particularly set forth in the report of the City Manager dated December 18, 2000, and the attachments thereto. APPROVED ATTEST:~ -~ ~' Mary F. Par~(er Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35172-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,655,193.00 Federal Forfeited Property Proceeds (1) ............. 293,713.00 Revenues Public Safety $ 2,655,193.00 Federal Forfeited Property Proceeds (2-3) ........... 293,713.00 1) Investigations and Rewards 2) Federal Forfeiture Proceeds 3) Interest (035-640-3304-2150) (035-640-3304-3005) (035-640-3304-3306) $ 87,939.00 86,995.00 944.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35173-121800. A RESOLUTION accepting the donation to the City of Roanoke from the Greater Raleigh Court Civic League (GRCCL) of labor and materials for the construction of Phase I of the a greenway trail in the Raleigh Court area, and authorizing execution of a permit to allow GRCCL to construct the greenway trail and amenities in that area. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council accepts the donation by the Greater Raleigh Court Civic League (GRCCL) of labor and materials for the construction of Phase I of the proposed greenway trail and amenities in the Raleigh Court area, upon the terms and conditions set out in the report to this Council dated December 18, 2000. 2. The City Manager is authorized to execute the requisite permit, in form approved by the City Attorney, to allow GRCCL to construct the proposed greenway trail and amenities in the Raleigh Court area. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35174-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General, Capital Projects, and Department of Technology Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 65,997,172.00 Transfers to Other Funds (1-2) ...................... 66,354,717.00 Fund Balance Reserved for CMERP - City (3) ....................... $ 2,383,861.00 Capital Projects Fund Appropriations Public Safety $ 11,668,733.00 Radio Shop FCC Training (4) ....................... 10,000.00 Revenues Nonoperating $ 3,006,408.00 Transfers from Other Funds (5) ..................... 2,890,968.00 64 Department of Technology Fund Appropriations Telephone Purchases (6) ........................... GIS Implementation - Phase I (7) ..................... Wide Area Network (8) ............................. Work Station Requests (9) .......................... Event Management Systems (10) .................... Imaging Infrastructure (11) ......................... Staff, Contractors, and Consultants (12) .............. Automated Public Safety Project (13) ................. Network Remote Sites (14) ......................... Internet and Intranet (15) ........................... PC Replacement Program (16) ....................... 911 Records/Timestamps (17) ....................... Fire/EMS System (18) .............................. Technology Media Center (19) ....................... Pressure Seal Machine (20) ......................... DOT Client/Server Training (21) ..................... Revenues Nonoperating (22) ................................. Retained Earnings Retained Earnings - Unrestricted (23) ................. 1) Transfer to Capital Projects Fund 2) Transfer to DOT Fund 3) Referred for CMERP - City 4) Appropriated from General Revenue 5) Transfer from General Fund 6) Appropriated from General Revenue 7) Appropriated from General Revenue (001-250-9310-9508) (001-250-9310-9513) (001-3323) (008-430-9851-9003) (008-110-1234-1037) (013-052-9603-9007) (013-052 -9804-9003) 570,000.00 379,463.00 671,121.00 504,759.00 105,000.00 201,900.00 298,709.00 3,357,280.00 30,000.00 230,000.00 235,000.00 66,000.00 125,000.00 20,000.00 15,000.00 50,000.00 $ 1,251,205.00 $ 6,559,738.00 $ 10,000.00 1,091,205.00 (1,101,205.00) 10,000.00 10,000.00 250,000.00 100,000.00 8) Appropriated from General Revenue 9) Appropriated from General Revenue 10) Appropriated from General Revenue 11) Appropriated from General Revenue 12) Appropriated from General Revenue 13) Appropriated from General Revenue 14) Appropriated from General Revenue 15) Appropriated from General Revenue 16) Appropriated from General Revenue 17) Appropriated from General Revenue 18) Appropriated from General Revenue 19) Appropriated from General Revenue 20) Appropriated from General Revenue 21) Appropriated from General Revenue 22) Transfer from General Fund 23) Retained Earnings (013-052 -9811-9003) (013-052 -9815-9003) (013-052-9816-9003) (013-052-9822-9003) (013-052 -9828-9003) (013-052 -9831-9003) (013-052 -9835-9003) (013 -052 -9842 -9003 ) (013 .430 -9845-9003 ) (013.430-9846-9003) (013.430-9847 -9003) (013.430-9848-9003) (013.430-9849-9003) (013.430-9850-9003) (013-110-1234-1037) (013-3336) BE IT FURTHER ORDAINED that, Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk 65 351,705.00 100,000.00 50,000.00 103,500.00 75,000.00 240,000.00 10,000.00 170,000.00 235,000.00 66,000.00 125,000.00 $ 20,000.00 15,000.00 50,000.00 1,091,205.00 (870,000.00) an emergency existing, this Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 2000. No. 35175-121800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY00 $ CDBG Unprogrammed - FY00 (1) ................... 3,323,197.00 170,883.00 Community Development Block Grant FY01 $ CDBG Unprogrammed - FY01 (2-4) ................. 2,837,268.00 295,264.00 HOME Program HOME Unprogrammed - FY00 (5) .................. HOME Unprogrammed - FY01 (6) .................. 4,659,563.00 178,311.00 28,605.00 Revenues Community Development Block Grant FY00 (7-15) ...... Community Development Block Grant FY01 (16-21) ..... HOME Program (22) ............................... 3,323,197.00 2,837,268.00 4,659,563.00 1) Unprogrammed CDBG - RRHA - FY00 (035-G00-0040-5197) 2) Unprogrammed CDGB - Section 108 Loan Repayment - FY01 3) Unprogrammed CDBG - Other- FY01 4) Unprogrammed CDBG RRHA - FY01 5) Unprogrammed HOME Funds - FY00 (035-G01-0140-5188) (035-G01-0140-5189) (035-G01-0140-5197) (035-090-5322-5320) $45,219.00 260,728.00 6,416.00 28,120.00 11,435.00 67 6) Unprogrammed HOME Funds - FY01 7) Parking Lot Income 8) Other Program Income 9) Demolition 10) Williamson Road Garage 11) Loan Repayment - NNEO 12) Home Ownership Assistance 13) Downtown Associates 14) Rental Rehabilitation Loan Repayment 15) Land Sale 16) Parking Lot Income 17) Home Ownership Assistance 18) Hotel Roanoke Section 108 Loan Repayment 19) Rental Rehabilitation Loan Repayment 20) Land Sale 21) Mini-grant Refund 22) HOME-Loan Repayments (035-090 -5323-5320) (035-035-1234-0002) (035-035-1234-0003) (035-035-1234-0004) (035-035-1234-0007) (035-035-1234-0009) (035-035-1234-0022) (035-035-1234-0033) (035-035-1234-0040) (035-035-1234-0042) (035-G01-0100-0002) (035-G01-0100-0022) (035-G01-0100-0034) (035-G01-0100-0040) (035-G01-0100-0042) (035-G01-0100-7281 ) (035-035-1234-7235) 28,605.00 25,470.00 (5,030.00) 4,769.00 (13,280.00) (2,119.00) 7,735.00 1,758.00 25,781.00 135.00 15,235.00 5,919.00 60,728.00 427.00 2,458.00 497.00 40,040.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35176-010201. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Bernard Abbott filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on December 18, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That section of Edge Hill Avenue, S. E., that extends in a westerly direction from 19t~ Street, S. E., for an approximate distance of 210 feet to an intersection with 18t~ Street, S. E., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, designating the land within the vacated right-of-way on said subdivision plat as a separate and individual non-buildable lot, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. The plat also shall include a covenant that states that no structure shall be built on said lot, or area of land, which is within the vacated right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. ?0 BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: Mary F. Parker City Clerk APPROVED ~~l~h'K. Smith~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35177~10201. AN ORDINANCE authorizing the granting of an easement across City-owned property located at 5t~ Street and Luck Avenue, S.W., to Cox Communications, Inc., for the installation of a concrete pad and electrical equipment cabinet to provide telecom circuit protection, upon certain terms and conditions. WHEREAS, a public hearing was held on December 18, 2000, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document granting an easement across City-owned property located at 5t~ Street and Luck 71 Avenue, S.W., to Cox Communications, Inc., for the installation of a concrete pad and electrical equipment cabinet to provide telecom circuit protection, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated December 4, 2000. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35178-010201. AN ORDINANCE authorizing the donation and conveyance of a 15' easement across City owned property known as the Lincoln Terrace Elementary School site to Verizon, for installation of underground facilities, upon certain terms and conditions. WHEREAS, a public hearing was held on December 18, 2000, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document donating and conveying a 15' easement across City owned property known as the Lincoln Terrace Elementary School site to Verizon, for installation of underground facilities to upgrade the telephone service to the school, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated December 4, 2000. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35179-010201. AN ORDINANCE granting a revocable license to permit the construction and encroachment of a paved parking area twenty-five (25) feet into the public right-of-way in front of the property located at 1313 Peters Creek Road, N. W., and bearing Official Tax No. 2770604, upon certain terms and conditions. WHEREAS, a public hearing was held on December 18, 2000, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owner, Mary Rapport ("Licensee") and its grantees, assignees, or successors in interest, of the property bearing Official Tax No. 2770604, otherwise known as 1313 Peters Creek Road, N.W., within the City of Roanoke, to permit the construction and encroachment of a paved parking area twenty-five (25) feet into the public right-of-way of Peters Creek Road, N.W., as more fully described in a report of the Water Resources Committee dated December 4, 2000. 2. Said license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in the amounts not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Director of Utilities and Operations of the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Mary Rapport, 3401 West Ridge Road, S.W., Roanoke, Virginia 24014. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Mary Rapoport, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the office of the City Clerk. APPROVED ATTEST: Ma~~ F. Pa~r er City Clerk Ralph K. Smith Mayor 74 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35180~10201. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Sandra Rouse, for use of a 12.17-acre tract of land for agricultural purposes, upon certain terms and conditions. WHEREAS, a public hearing was held on December 18, 2000 pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk ars authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with Sandra Rouse, for the lease of a 12.17-acre tract of land, identified by Roanoke County Tax No. 089.00-03-00-0000), located along Back Creek for agricultural purposes to provide pasture for horses, for a five (5) year period, effective January 15, 2001, at an annual rental of $10.00 per acrs per year, and upon such other terms and conditions as ars deemed appropriate and as mom particularly set forth in the report to this Council dated December 4, 2000. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35181-010201. WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended, (Title 44, Chapter 3.2 of the Virginia Code) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; and WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services, or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia among political subdivisions, other authorized entities and officers within the Commonwealth; NOW, THEREFORE, the City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, this resolution. City Council resolves that the City of Roanoke shall have the authority to participate in Statewide Mutual Aid in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests for and provision of personnel, equipment, materials, and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS "EVENT AGREEMENT" - a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. Bm "REQUESTING PARTY" - the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this Resolution. "ASSISTING PARTY" - the member political subdivision furnishing equipment, services and/or manpower to the requesting party, and participating in the Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Resolution. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Resolution. "DEPARTMENT" - the Department of Emergency Management. "EMERGENCY" - any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. "DISASTER" - any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. "IMPLEMENTATION GUIDEBOOK" - Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. "MAJOR DISASTER" - a disaster which is likely to clearly exceed capabilities and require a broad range of state and federal assistance. "MEMBER POLITICAL SUBDIVISION" - any political subdivision or authorized officer or agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. "STATE EOC" - the Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources are overwhelmed. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by; (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the member political subdivision or the Director of Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised of the status of mutual aid activities. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State Ea EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment and other assistance. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At lease twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self- sufficient personnel and resources in its request for assistance. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and may be extended, if necessary, in seven day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. SUMMARY REPORT: Within ten days of the return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in the Event Agreement. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the Disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a pre- established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal/state reimbursement. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. WAIVER OF REIMBURSEMENT: A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE WORKERS' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and coverage for owned, non-owned, and hired vehicles. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement liability, if applicable, with minimum single limits of no less that one million dollars. SECTION5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and state cost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section, or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Resolution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shall apply between those parties. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 2001. No. 35182-010201. A RESOLUTION approving the extension of the deadline of the three-party agreement by and among the City of Roanoke, the Roanoke Neighborhood Development Corporation (RNDC) and the City of Roanoke Redevelopment and Housing Authority (RRHA) by six (6) months regarding the completion of the development and redevelopment of certain blighted and unsightly areas in the City, and authorizing the City Manager to execute the requisite extension agreement. WHEREAS, Resolution No. 34598-122099, adopted December 20, 1999, authorized the execution of the three-party agreement between the parties dated December 20, 1999; WHEREAS, this agreement contained a provision under the Section titled "Time of Performance" that the parties may mutually agree in writing to extend the deadline of December 31, 2000, of this agreement by not more than six (6) months; and WHEREAS, RNDC has requested a six-month extension as set forth above and City Council has no objection to such extension. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite agreement extending the deadline of the three-party agreement by and among the City of Roanoke, the Roanoke Neighborhood Development Corporation and the City of Roanoke Redevelopment and Housing Authority, dated December 20, 1999, for a period of six (6) months from December 31, 2000, to June 30, 2001. City Attorney. The form of the extension agreement shall be approved by the APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 2001. No. 35183-011601. A RESOLUTION concurring in the resolution adopted by the Industrial Development Authority of the City of Harrisonburg, Virginia (the "Harrisonburg Authority") and approving the loan by the Harrisonburg Authority for the benefit of the Virginia Public Broadcasting Board ( the "VPBB") to assist in financing the acquisition of certain equipment for the conversion of Virginia's public television stations to the Federal Communication Commission's new digital standard (the "Project"). WHEREAS, the City Council ("Governing Body") of the City of Roanoke has been asked by the VPBB to concur in the resolution adopted by the Harrisonburg Authority regarding a loan by the Authority for the benefit of the VPBB to assist in financing the acquisition of equipment for the conversion of Virginia's public television stations to the Federal Communication Commission's new digital standard; and WHEREAS, §15.2-4905, of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia (1950), as amended (the "Act"), provides that if a locality has created an industrial development authority, no industrial development authority created by another locality may finance a facility located in the first locality unless the governing body of such first locality concurs in the inducement resolution adopted by such industrial development authority; and WHEREAS, a portion of the equipment constituting the Project will be located in the City of Roanoke, Virginia, and operated by the Virginia public television station or stations serving the Roanoke area and the governing body constitutes the highest elected governmental unit of the City of Roanoke; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. City Council concurs with the resolution adopted by the Harrisonburg Authority and approves the loan by the Harrisonburg Authority for the benefit of the VPBB, as required by §15.2-4905 of the Act. 2. This resolution shall take effect immediately upon its adoption. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January, 2001. No. 35184-011601. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General, School and School Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General, School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 70,949,147.00 Transfem to Other Funds (1) ................................. 66,272,936.00 Fund Balance Reserved for CMERP - Schools (2) ............................ $ 851,758.00 SchoolFund Appropriations Education Facilities (3 - 7) ............................................. Special Education Assistive Technology 2000-01 (8) ............. Special Education Jail Program 2000-01 (9 - 20) ................. Chess Program 2000-01 (21 - 22) ............................. Expanded GED Testing Services 2000-01 (23 - 26) ............... Goals 2000 Technology (27) ................................. Arts Incentive - Madison (28) ................................. Technology Literacy Challenge Grant 2000-01 (29 - 31) ........... School Instructional Technology Funds 2000-01 (32) ............. $126,185,756.00 2,178,517.00 1,500.00 170,173.00 15,000.00 10,000.00 213,317.00 300.00 53,300.00 806,000.00 Revenues Education $124,851,188.00 Nonoperating (33) .......................................... 45,502,365.00 Special Education Assistive Technology 2000-01 (34) ............ Special Education Jail Program 2000-01 (35) ................... Chess Program 2000-01 (36) ................................. Expanded GED Testing Services 2000-01 (37) ................... Goals 2000 Technology (38) .................................. Arts Incentive - Madison (39) .................................. Technology Literacy Challenge Grant 2000-01 (40) ............... School Instructional Technology Funds 2000-01 (41) .............. 1,500.00 170,173.00 15,000.00 10,000.00 213,317.00 300.00 53,300.00 806,000.00 School Capital Projects Fund Appropriations Education $ 23,351,763.00 Roanoke Academy for Math and Science Improvements (42) ...... 15,358.00 Revenues Education $ 16,498,015.00 Quality Zone Academy Bond Funds (43) ........................ 15,358.00 1) Transfer to School Fund 2) Reserved for CMERP - Schools 3) Replacement - Machinery and Equipment 4) Additions - Machinery and Equipment 5) Buildings 6) Additions - Other Capital Outlay 7) Additions - Other Capital Outlay (001-250-9310-9530) (001-3324) (030-060-6006-6318-0801 ) (030-060-6006-6681-0821 ) (030-060-6006-6681-0851) (030-060-6006-6896-0829) (030-060-6006-6896-0829) $ 43,219.00 (43,219.00) 16,564.00 7,880.00 700.00 12,400.00 5,675.00 8) Additions - Machinery and Equipment 9) Compensation of Teachers 10) Compensation of Counselors 11) Compensation of Clerical 12) Social Security 13) Retirement - VRS 14) Health Insurance 15) Group Life Insurance 16) Professional Health Services (030-060-6569-6129-0821 ) (030-060-6570-6554-0121 ) (030-060-6570-6554-0123) (030-060-6570-6554-0151) (030-060-6570-6554-0201) (030-060-6570-6554-0202) (030-060-6570-6554-0204) (030-060-6570-6554-0205) (030-060-6570-6554-0316) 1,500.00 59,820.00 45,562.00 10,841.00 8,891.00 14,575.00 7,775.00 930.00 18,000.00 17) Repair and Maintenance Payments 18) Telecommunications 19) Educational and Recreational Supplies 20) Additions - Machinery and Equipment 21) Maintenance Service Contracts 22) Conventions/ Education 23) Supplements 24) Social Security 25) Mileage 26) Educational and Recreational Supplies 27) Additions - Data (030-060-6570-6554-0331) (030-060-6570-6554-0523) (030-060-6570-6554-0614) (030-060-6570-6554-0821) (030-060-6606-6102-0332) (030-060-6606-6102-0554) (030-060-6738-6334-0129) (030-060-6738-6334-0201) (030-060-6738-6334-0551) (030-060-6738-6334-0614) Process Equipment (030-060-6820-6102-0826) 28) Educational and Recreational Supplies 29) Maintenance Service Contracts 30) Inservice Workshops (030-060-6821-6100-0614) (030-060-6822-6002-0332) (030-060-6822-6002-0587) 495.00 320.00 1,900.00 1,064.00 3,000.00 12,000.00 6,396.00 490.00 414.00 2,700.00 213,317.00 300.00 14,250.00 13,206.00 31) Additions - Machinery and Equipment 32) Additions - Data Process Equipment 33) Transfer from General Fund 34) Federal Grant Receipts 35) State Grant Receipts (030-060-6822-6002-0821) (030-060-6823-6002-0826) (030-060-6000-1037) (030-060-6569-1102) (030-060-6570-1100) 25,844.00 806,000.00 43,219.00 1,500.00 170,173.00 36) Outside Third Parties 37) Fees 38) Federal Grant Receipts 39) Federal Grant Receipts 40) Federal Grant Receipts 41) State Grant Receipts 42) Appropriated from Quality Zone Academy Bonds 43) Quality Zone Academy Bonds (030-060-6606-1103) (030-060-6738-1103) (030-060-6820-1102) (030-060-6821-1102) (030-060-6822-1102) (030-060-6823-1100) (031-060-6060-6896-9109) (031-060-6060-1273) 15,000.00 10,000.00 213,317.00 300.00 53,300.00 806,000.00 15,358.00 15,358.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 2001. No. 35185-011601. A RESOLUTION authorizing a contract with Downtown Roanoke, Inc., for the provision of certain services by the City in exchange for use of sidewalk cleaning machine purchased by Downtown Roanoke, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, the requisite Agreement with Downtown Roanoke, Inc. ("DRI"), authorizing the City's commitment to regularly operate, maintain and store a sidewalk cleaning machine purchased by DRI for such purpose, under certain specific circumstances, and upon such terms as are set out in an Agreement between DRI and the City. 2. The Agreement shall be approved as to form by the City Attorney and may contain such other provisions as are set forth in the City Manager's letter dated January 16, 2001, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January 16, 2001. No. 35186-011601. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium Family Services (1-2) ..................................... Other Jurisdictional Contributions (3) ....................... $ 4,255,084.00 23,093.00 1,715.00 Revenues Fifth District Employment & Training Consortium Family Services (4) ...................................... Other Jurisdictional Contributions (5) ....................... $ 4,255,084.00 23,093.00 1,715.00 1) Salaries (034-054-2095-8350) $ 2,500.00 2) Fringes (034-054-2095-8351) 798.00 3) Miscellaneous (034-633-2180-8360) 1,715.00 4) Family Services (034-054-2095-2095) 3,298.00 5) Contributions- Other Localities (034-633-2180-2180) 1,715.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 2001 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January, 2001. No. 35187-011601. AN ORDINANCE to amend and reordain certain sections of the 2000- Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development $ 5,473,091.00 Library Internet Connectivity Project (1) .........................94,328.00 Regional Training Lab (2) ..................................... 43,118.00 Revenues Outside Third Parties Bill and Melinda Gates Foundation (3 - 4) ....................... 137,446.00 137,446.00 1) Appropriated from Third Party 2) Appropriated from Third Party 3) Bill and Melinda Gates Foundation 4) Bill and Melinda Gates Foundation (008-650-9736-9004) (008-650-9737-9004) (008-650-9736-9736) (008-650-9737 -9737) 94,328.00 43,118.00 94,328.00 43,118.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 2001. No. 35188-011601. A RESOLUTION accepting a Bill and Melinda Gates Foundation Grant to the Roanoke Public Library for the purpose of expanding public access to computers and the Internet. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts a Bill and Melinda Gates Foundation Grant in the amount of $94,328.00 to be used for the purchase of computers to increase the public's access to computers and the Internet, as more particularly set forth in the January 16, 2001, letter of the City Manager to this Council. 2. The City Manager is authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 2001. No. 35189-011601. A RESOLUTION accepting a Bill and Melinda Gates Foundation Grant to the Roanoke Public Library for the purpose of establishing a regional computer training lab. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts a Bill and Melinda Gates Foundation Grant in the amount of $ 43,118.00 to be used for establishing a regional training lab at the Main Library as a resource for staff, and public training in computer use and applications, as more particularly set forth in the January 16, 2001, letter of the City Manager to this Council. 2. The City Manager is authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January, 2001. No. 35190-011601. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Risk Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 64,944,325.00 Transfers to Other Funds (1) .................................. 65,378,512.00 Fund Balance Reserved Fund Balance $ Reserved for Self-Insured Claims (2) ............................ 8,770,592.00 -0- Risk Management Fund Revenues Nonoperating $ Transfers from Other Funds (3) ................................ 250,000.00 250,000.00 Retained Earnings Reserved for Self-Insured Claims (4) ............................ 4,455,200.00 1) Transfer to Risk Management Fund 2) Reserve for Self Insured Claims 3) Transfer from General Fund 4) Reserve for Self- Insured Claims (001-250-9310-9529) (001-3327) (019-110-1234-1037) (019-3327) $ 250,000.00 (250,000.00) 250,000.00 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 2001. No. 35191-011601. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for gateway improvements within the Williamson Road corridor. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, the Council of the City of Roanoke supports the gateway improvements within the Williamson Road corridor; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for gateway improvements within the Williamson Road corridor, said project being more particularly described in the City Manager's letter dated January 16, 2001, to City Council. 2. Pursuant to the Transportation Equity Act for the 21't Century, the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for planning and design, right-of-way acquisition, and construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's letter dated January 16, 2001, to City Council. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such projects, said agreements to be in such form as is approved by the City Attorney. 97 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 2001. No. 35192-011601. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for renovation of the former Norfolk & Western Railway Passenger Station. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, the Council of the City of Roanoke supports the project for the renovation of the former Norfolk & Western Railway Passenger Station; that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the renovation of the former Norfolk & Western Railway Passenger Station, said project being more particularly described in the City Manager's letter dated January 16, 2001, to City Council. 2. Pursuant to the Transportation Equity Act for the 21st Century, the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for planning and design, right-of-way acquisition, and construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's letter dated January 16, 2001, to City Council. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such projects, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, any necessary and appropriate agreement with the Western Virginia Foundation for the Arts and Sciences in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's letter dated January 16, 2001, to City Council, including a term which requires the Western Virginia Foundation for the Arts and Sciences to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and said agreement to be in such form as is approved by the City Attorney. 5. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED Mary F. Parker City Clerk ~1~~ K~Sm' ith~/ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35193-020501. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF AN EQUIPMENT LEASE PURCHASE AGREEMENT RELATING TO THE ACQUISITION AND INSTALLATION OF VEHICULAR EQUIPMENT, COMPUTER EQUIPMENT AND OFFICE FURNITURE AND EQUIPMENT BY THE CITY, TO BE DATED AS OF JANUARY 15, 2001, BY AND BETWEEN SUNTRUST LEASING CORPORATION, AS LESSOR, AND THE CITY, AS LESSEE, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF AN ESCROW AGREEMENT, TO BE DATED AS OF JANUARY 15, 2001, BY AND AMONG THE CITY, SUNTRUST LEASING CORPORATION AND SUNTRUST BANK, AS ESCROW AGENT, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF; AUTHORIZING THE MEMBERS OF THE COUNCIL AND THE OFFICIALS AND EMPLOYEES OF SUCH CITY TO TAKE FURTHER ACTION TO CARRY OUT THIS RESOLUTION AND THE TRANSACTIONS CONTEMPLATED HEREBY AND BY THE AFOREMENTIONED EQUIPMENT LEASE PURCHASE AGREEMENT AND ESCROW AGREEMENT; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. Findincjs and Determinations. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) The Council has determined that it is necessary and desirable for the City to acquire and install certain vehicular equipment, computer equipment and office furniture and equipment in connection with the performance of its governmental functions. (b) The Council has further determined that it is desirable for the City to finance the acquisition and installation of such equipment through an equipment lease purchase agreement financing. 100 (c) In order to accomplish such financing, the City has determined to enter into an Equipment Lease Purchase Agreement, to be dated as of January 15, 2001 (the "Equipment Lease Purchase Agreement"), by and between SunTrust Leasing Corporation, as Lessor (the "Leasing Corporation"), and the City, as Lessee, under and pursuant to which the Leasing Corporation will advance the amount of $2,503,000 to provide the funds for the acquisition and installation of the vehicular equipment, the computer equipment and the office furniture and equipment described in Exhibit A attached thereto (the "Equipment"). (d) The Equipment is essential for the City to perform its governmental functions. (e) Pending the application of the funds to be made available by the Leasing Corporation under and pursuant to the Equipment Lease Purchase Agreement, it is contemplated that such funds will be delivered by the Leasing Corporation to SunTrust Bank, as Escrow Agent (the "Escrow Agent"), pursuant to an Escrow Agreement, to be dated as of January 15, 2001 (the "Escrow Agreement"), by and among the City, the Leasing Corporation and the Escrow Agent, for deposit into the Equipment Acquisition Fund established under the Escrow Agreement and applied to the acquisition and installation of the Equipment in accordance with the provisions of the Escrow Agreement. (f) The City has taken, or will undertake, the necessary steps, including those relating to any applicable legal bidding requirements under the Virginia Procurement Act, to arrange for the acquisition and installation of the Equipment. (g) The City proposes to enter into the Equipment Lease Purchase Agreement and the Escrow Agreement in substantially the forms presented to the meeting of the Council at which this Resolution is being adopted. SECTION 2. Approval of the Form of the Equipment Lease Purchase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Equipment Lease Purchase Agreement. The form of the Equipment Lease Purchase Agreement presented to and filed with the minutes of the meeting of the Council at which this Resolution is being adopted and the terms, conditions and provisions thereof (including in particular the Base Payments required to be paid under Section 3.5(a)thereof as set forth in Exhibit B thereto) are hereby approved, ratified and confirmed, and the City Manager or the Deputy City Manager is hereby authorized and directed to execute and deliver to the Leasing Corporation the Equipment Lease Purchase Agreement in such form, together with such changes as shall be approved by the City Manager or Deputy City Manager executing the same upon the advice of counsel to the City (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the execution thereof by the City Manager or Deputy City Manager. 101 SECTION 3. Approval of the Form of the Escrow Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Escrow Agreement; Approval of Appointment of Escrow Agent. (a) The form of the Escrow Agreement presented to and filed with the minutes of the meeting of the Council at which this Resolution is being adopted and the terms, conditions and provisions thereof are hereby approved, ratified and confirmed, and the City Manager or the Deputy City Manager is hereby authorized and directed to execute and deliver the Escrow Agreement to the Escrow Agent and the Leasing Corporation, together with such changes as shall be approved by the City Manager or Deputy City Manager executing the same upon the advice of counsel to the City (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the execution thereof by the City Manager or Deputy City Manager. (b) The Council hereby approves the appointment of SunTrust Bank as Escrow Agent under the Escrow Agreement. SECTION 4. Tax Covenant. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Equipment Lease Purchase Agreement. SECTION 5. Further Action of the Council and of the Officials and Employees of the City. The members of the Council and the officials and employees of the City are hereby authorized and directed to take any and all such further action as upon advice of counsel to the City they shall deem necessary or desirable in order to carry out, give effect to and consummate the transactions contemplated by this Resolution and by the terms of the Equipment Lease Purchase Agreement and the Escrow Agreement and by any of the documents referred to herein or therein or approved hereby or thereby. SECTION 6. Repeal of Conflicting Resolutions. All resolutions, or portions thereof, heretofore adopted by the Council which are in conflict or inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. SECTION 7. Effectiveness of Resolution. effective from and after its adoption. ATTEST: Mary F. Parker City Clerk APPROVED This Resolution shall be Ralph K. Smith Mayor 102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35194-020501. A RESOLUTION accepting the bid of Woody Graphics, Inc., to provide commercial printing services, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Woody Graphics, Inc., to provide, for a one (1) year period, with the option to renew for four (4) additional one-year periods, commercial printing services at various costs per impression, totaling $51,307 per year, as is more particularly set forth in the February 5, 2001, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered such bidder, which bid is on file in the Department of Purchasing, be and is hereby ACCEPTED. 2. The City Manager or the Deputy City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, such contract to be in such form as is approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 103 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35195-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects, Department of Technology and Fleet Management Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects, Department of Technology, and Fleet Management Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund Appropriations Public Safety $11,359,668.00 New Police Building Construction (1) ............................ 5,018,569.00 Department of Technology Fund Appropriations Capital Outlay $ 9,194,921.00 Personal Computer Replacement Program (2) .................... 450,000.00 Fleet Management Fund Appropriations Capital Outlay $ 4,931,141.00 Vehicle Replacement Program (3) .............................. 1,353,000.00 1) Appropriated from Capital Lease 2) Appropriated from Capital Lease (008-052-9563-9035) (013-430-9852-9035) 700,000.00 450,000.00 104 3) Appropriated from Capital Lease (017-440-9851-9035) $ 1,353,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35196-020501. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 7 to the City's contract with Thor, Incorporated for revised grading and addition of a storm drain; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 7 to the City's contract with Thor, Incorporated for revised grading and addition of a storm drain, all as more fully set forth in the letter to this Council dated February 5, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $50,637 to the original contract, all as set forth in the above letter. 105 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35197-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,352,701.00 VSTOP Grant FY01 (1-8) ................................... 33,754.00 Revenues Public Safety $ 2,352,701.00 VSTOP Grant FY01 (9) ..................................... 33,754.00 1) Salaries 2) ICMA Retirement (035-640-3320-1002) (035-640-3320-1115) $ 24,978.00 2,435.00 106 3) FICA 4) Health Insurance 5) Dental Insurance 6) Telephone 7) Administrative Supplies 8) Training and Development 9) State Grant Receipts (035-640-3320-1120) (035-640-3320-1125) (035-640-3320-1126) (035-640-3320-2020) (035-640-3320-2030) (035-640-3320-2044) (035-640-3320-3320) 1,911.00 1,908.00 185.00 200.00 1,187.00 950.00 33,754.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35198-020501. A RESOLUTION authorizing the acceptance of a certain Virginia Services, Training, Officers, Prosecution (V-STOP), Violence Against Women Grant from the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services a Virginia Services, Training, Officers, Prosecution (V-STOP), Violence Against Women grant in the amount of $33,754, with the City providing $21,308 in local in-kind match, such grant being more particularly described in the letter of the City Manager, dated February 5, 2001, upon all the terms, provisions and conditions relating to the receipt of such funds. 107 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Virginia Department of Criminal Justice Services; any such documentation to be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35199-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Parks, Recreation, and Cultural $ 4,807,881.00 Recreation (1) ............................................. 2,166,789.00 Nondepartmental $ 65,801,665.00 Transfers to Other Funds (2) .................................. 66,240,217.00 108 Capital Projects Fund Aoorooriations Parks, Recreation, and Cultural $ Mill Mountain Improvements (3) ............................... 7,926,831.00 678,717.00 Revenues Nonoperating $ Transfers from Other Funds (4) ............................... 3,421,758.00 3,421,758.00 1) Expendable Equipment (<$5,000) 2) Transfer to Capital Projects Fund (001-620-7110-2035) $ (10,500.00) (001-250-9310-9508) 10,500.00 3) Construction Other 4) Transfer from General Fund (008-052-9711-9065) (008-110-1234-1037) 10,500.00 10,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35200-020501. 109 A RESOLUTION accepting the proposal of The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, to provide purchasing cards for small purchases and travel expenses, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and rejecting all other proposals made to the City for the services. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The proposal, on file in the Purchasing Department, of The First National Bank of Atlanta, d/bla Wachovia Bank Card Services, to furnish purchasing cards, at no cost to the City other than potential late fees, for small purchases and travel expenses, as is set forth in the letter to this Council dated February 5, 2001, such proposal being in full compliance with the City's specifications made therefor and as provided in the contract documents to be offered to such proposer, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful proposer, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, to include a provision indemnifying Wachovia Bank Card Services on the terms detailed in the City Manager's letter dated February 5, 2001. 3. Any and all other proposals made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such proposer and to express to each the City's appreciation for such proposal. APPROVED ATTEST: Mary F. Parker City Clerk Ralph Smith Mayor 110 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35201-020501. A RESOLUTION authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Jackson Middle School for use by the general public, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the Roanoke City School Board and the City of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate a fitness center in specified areas at the Jackson Middle School for use by the general public, all of which shall be upon the terms and conditions as more particularly set forth in the City Manager's letter dated February 5, 2001, to this Council. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35202-020501. A RESOLUTION amending the City's Fee Compendium to establish uniform fees for use of certain fitness centers operated by the City of Roanoke; amending certain resolutions to the extent they may be inconsistent with this amendment; and authorizing amendments to the operating agreements for certain fitness centers. 111 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, is hereby amended to establish the following fees for the use of the fitness centers operated by the City of Roanoke: Monthly Fee Daily Fee Persons providing proof of full-time employment by the City of Roanoke or by the City of Roanoke $10.00 ...... School Board Persons providing proof of residency in the City of Roanoke but who are not employed by the City of $15.00 $ 4.00 Roanoke or by the City of Roanoke School Board All other persons $ 22.00 $ 5.00 The Director of Parks and Recreation shall be authorized to adjust such fees so long as the fees charged to any user within each group set forth above are equal, and such fees are not less than the fees charged to users of similarly situated fitness centers not operated by the City of Roanoke. The fees for persons providing proof of full-time employment by the City of Roanoke or by the City of Roanoke School Board shall become effective March 1, 2001. 2. Resolution Nos. 33609-100697, 34029-100798, 34514-102099 and 32412-032795 are hereby amended to the extent that they may be inconsistent with Paragraph No. 1 above. 3. The City Manager is hereby authorized to execute amendments to the operating agreements with the Roanoke City School Board pertaining to the fitness centers at Breckinridge Middle School and Woodrow Wilson Middle School, such amendments to be approved as to form by the City Attorney, so that the fees to be charged for the facilities be as set forth in the City's Fee Compendium. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 112 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35203-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $ Juvenile and Domestic Relations Court Services (1) .............. 6,254,010.00 1,532,753.00 Health and Welfare $ 27,240,339.00 Health Department (2) ....................................... 1,153,570.00 1) Residential/Detention Services 2) Subsidies (001-121-2130-2008) (001-630-5110-3700) $ (85,208.00) 85,208.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35204-020501. 113 A RESOLUTION authorizing the City Manager or her designee to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the City Manager's designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the Virginia Department of Health, pursuant to §32.1-31, Code of Virginia (1950), as amended, such contract establishing the financial contributions of the City and the Commonwealth to the local Health Department, and the public health services to be rendered by such Department, as more particularly set forth in the February 5, 2001, letter of the City Manager to this Council, such contract to be in form approved by the City Attorney. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35205-020501. A RESOLUTION directing the City Attorney and the Director of Finance to institute or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by judicial sale. 114 BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney and the Director of Finance are authorized and directed to institute or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by private or public judicial sale with respect to the real estate lying in the City of Roanoke and described in Exhibits A and B attached to the letter from the Director of Finance to this Council dated February 5, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35206-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Works $ Building Maintenance (1) ................................... Nondepartmental $ Transfers to Other Funds (2) ................................ 24,156,632.00 4,548,774.00 65,849,885.00 66,288,437.00 115 Capital Projects Fund Appropriations Parks, Recreation, and Cultural $ Remodel Recreation Centers (3) ............................. 7,975,051.00 48,220.00 Revenues Nonoperating $ Transfers from Other Funds (4) .............................. 3,469,978.00 3,469,978.00 1) Maintenance of Fixed Assets 2) Transfer to Capital Projects Fund 3) Appropriation from General Revenue 4) Transfer from General Fund (001-440-4330-3057) (001-250-9310-9508) (008-530-9763-9003) (008-110-1234-1037) $ (48,220.00) 48,220.00 $ 48,220.00 48,220.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35207-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. 116 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation, and Cultural Replace Comfort Stations (1) .................................. Remodel Park Shelters for ADA Compliance (2) ................... $ 7,916,331.00 306,750.00 113,000.00 1) Appropriated from 1999 Bonds 2) Appropriated from 1999 Bonds (008-620-9742-9001) (008-530-9764-9001) $ (113,000.00) 113,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35208-020501. AN ORDINANCE accepting the bid of Wyant Construction Company, Inc. for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, upon certain terms and conditions and awarding a 117 contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Wyant Construction Company, Inc. in the amount of $98,950.00 for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, as is more particularly set forth in the City Manager's letter dated February 5, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35209-020501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Judicial Administration $ Juvenile and Domestic Relations Court Services (1) ............. Public Safety $ Jail (2) .................................................. Nondepartmental $ Transfers to Other Funds (3) ................................ Capital Projects Fund Appropriations Public Safety $ Jail Elevator Renovation (4) .................................. Capital Improvement Reserve $ Capital Improvement Reserve (5) ............................. 6,195,010.00 1,473,753.00 45,103,769.00 9,701,954.00 65,969,225.00 66,407,777.00 10,799,008.00 139,340.00 3,951,606.00 352,177.00 119 Revenues Nonoperating $ Transfers from Other Funds (6) ............................... 3,589,318.00 3,589,318.00 1) Residential/Detention Services 2) Construction Other 3) Transfer to Capital Projects Fund 4) Appropriation from General Fund 5) Buildings 6) Transfer from General Fund (001-121-2130-2008) (001-140-3310-9065) (001-250-9310-9508) (008-530-9677 -9003) (008-052-9575-9173) (008-110-1234-1037) $(59,000.00) (60,340.00) 119,340.00 139,340.00 (20,000.00) 119,340.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35210-020501. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for renovation of the public access elevator at the City Jail, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. 120 WHEREAS, the lowest responsive and responsible bid for the above work exceeded available funds; and WHEREAS, pursuant to the bid documents, a cost reduction was negotiated with the Iow bidder and a negotiated bid in the total amount of $128,000 was agreed to by Construction Services of Roanoke, Incorporated for the contract. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The negotiated bid of Construction Services of Roanoke, Incorporated in the amount of $128,000 for renovation of the public access elevator at the City Jail, as is more particularly set forth in the City Manager's letter dated February 5, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attomey, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35211-020501. 121 AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Aspen/Hershberger portion of the Cove Road Sidewalk Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the construction of sidewalks, curb and gutters for the Aspen/Hershberger portion of the Cove Road Sidewalk Project, the City wants and needs certain property rights across property bearing Official Tax Nos. 2460103, 2460204, 2560135, 2460144, 2460143, 2460142, 246102, 2460111, 2560133, 2560151 and 2560134, as set forth in the report and attachment thereto of the Water Resources Committee dated February 5, 2001. The proper City officials are authorized to acquire these property rights for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of the property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property rights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisals, title reports, preparation of necessary documents and recordation costs, shall not exceed $20,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 122 4. Should the City be unable to agree with the landowners as to the compensation to be paid for acquisition of such property rights, or other terms of purchase or settlement, or should the owners be persons under a disability lacking capacity to convey said property rights, or should the whereabouts of the owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25.46.8 or Section 33.1-119 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35212-020501. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. WHEREAS, the Council is advised that the term of office of Sydney W. Brizendine, Jr., a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 2000; 123 WHEREAS, {}15.2-4904 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Thomas Pettigrew is hereby appointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on February 5, 2001, and expiring on October 20, 2004, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2000. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 2001. No. 35213-022201. A RESOLUTION memorializing the late Sydnor W. Brizendine, Jr., a lifelong resident of Roanoke and a Iongtime member of the city's Board of Zoning Appeals. WHEREAS, the Members of Council have learned with sorrow of the passing of Mr. Brizendine on February 7, 2001; and WHEREAS, Mr. Brizendine was born in Roanoke on January 9, 1920, and devoted much of his lifetime to the betterment of his hometown. He worked in the life insurance industry from 1939 to 1996, serving in the United States Army from 1941 to 1945 in Panama and in the European Theater of Operations; and 124 WHEREAS, from 1968 to 1982, Mr. Brizendine served on the City's Board of Zoning Appeals, chairing the board during his last five years of service. He also served as a board member of the Southwest Virginia Community Development Fund, and in recent years, as a member of the Industrial Development Authority of the City of Roanoke. In January of last year, he was rs-appointed by City Council to serve on the Board of Zoning Appeals; and WHEREAS, Mr. Brizendine had many other civic and community involvements. He was a member of the Williamson Road Lions Club, a 32"d Degree Mason and Shriner, a Sunday School teacher at First Baptist Church, and a band booster at both Breckinridge Middle and William Fleming High Schools. He was the first president and a founder of the Williamson Road Area Business Association, a 50-plus-year member and past commander of American Legion Post 3, and of utmost importance to him, he was "a good husband, a good father, a good grandfather, and a good citizen." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Sydnor Wells Brizendine, Jr., and extends to his surviving family- his daughter, Cathy BrizendineHathcox; his granddaughter, Charlotte Brizendine Hathcox; his brother, Charles Allen "Jack" Brizendine, and others - its sincere condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Brizendine's daughter Cathy Brizendine Hathcox. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2001. No. 35214-022001. 125 AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 School and School Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education $126,188,780 Drug Free Schools 2000-01 (1 - 2) ............................... 48,590 Governor's Academic Challenge for Success 2000 (3 - 5) ........... 32,567 Revenues Education $124,854,212.00 Drug Free Schools 2000-01 (6) ................................. 48,590.00 Governor's Academic Challenge for Success 2000 (7) ............. 32,567.00 School Capital Projects Fund Appropriations Education $ 23,351,763.00 Garden City Improvements (8) .................................. 2,859,000.00 Grandin Court Renovation (9) .................................. 2,163,000.00 Preston Park Renovation (10) .................................. 1,972,000.00 Madison Air Conditioning Replacement and Network (11) ........... 1,506,000.00 Jackson Fitness Center (12) .................................... 327,000.00 State Construction Grant (13) ................................... 918,455.00 126 1) Compensation of Counselors 2) Retirement - VRS 3) Supplements 4) Social Security 5) Educational and Recreational Supplies 6) State Grant Receipts 7) State Grant Receipts 8) Appropriated from 1999 Bonds 9) Appropriated from 1999 Bonds 10) Appropriated from 1999 Bonds 11) Appropriated from 1999 Bonds 12) Appropriated from 1999 Bonds 13) Appropriated from 1999 Bonds (030-060-6813-0123) (030-060-6813-0202) (030-060-6824-0129) (030-060-6824-0201) (030-060-6824-0614) (030-060-6813-1101 ) (030-060-6824-1101) (031-060-6052-9001) (031-060-6053-9001) (031-060-6054-9001) (031-060-6055-9001) (031-060-6059-9001) (031-060-6096-9001) (27,048.00) 2,495.00 25,608.00 1,959.00 5,000.00 (29,543.00) 32,567.00 89,000.00 13,000.00 32,000.00 (4,000.00) (13,000.00) (117,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2001. No. 35215-022001. 127 AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $10,260,668.00 Regional Radio System (1) .................................... 3,976,524.00 Revenues Nonoperating $ 3,560,478.00 Transfers from Other Funds (2) ................................ 3,~.~.~.,978.00 1) Appropriated from General Revenue 2) Transfers from General Fund (008-050-9614-9003) (008-110-1234-1037) $ 101,000.00 101,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2001. No. 35216-022001. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 8,041,441.00 Lick Run Greenway (1) ........................................ 125,110.00 Revenues Outside Third Party $ 262,555.00 Lick Run Greenway (2) ........................................ 125,110.00 1) Appropriated from Third Party 2) Lick Run Greenway (008-530-9754-9004) (008-008-1234-1258) $ 125,110.00 125,110.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35217-030501. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-1, Office District. WHEREAS, VFW Post #1264, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive, N.W., and Marr Street, N.W., being designated as Official Tax No. 2270223, which property was previously conditionally rezoned by the adoption of Ordinance No. 32701-102395, adopted October 23, 1995; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 20, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive, N.W., and Marr Street, N.W., and being designated as Official Tax No. 2270223, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 227 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the 130 changes in proffered conditions as shown in the Fourth Amended Petition to Amend Proffers filed in the City Clerk's Office on February 20, 2001, and as set forth in the report of the Planning Commission dated February 20, 2001. APPROVED ATTEST: Mary F. Parker City Clerk .~, ~ ~~Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35218-030501. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Lorna M. Hall has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 20, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 131 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land located at 3034 and 3042 Brambleton Avenue, S.W., and designated on Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1650903 and 1650946, respectively, be, and are hereby rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on January 17, 2001, and that Sheet No. 165 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35219-030501. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. 132 WHEREAS, Ruth B. Hartman, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 20, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: ATTEST: Mary F. Parker City Clerk That certain property located at 2109 and 2115 Peters Creek Road, N.W., and designated on Sheet No.637 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6370302, 6370304 and 6370301, respectively, be, and are hereby rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on February 20, 2001, and that Sheet No. 637 of the Zone Map be changed in this respect. APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35220-030501. 133 AN ORDINANCE authorizing the donation and conveyance of a 15' easement across City owned property located at 348 Campbell Avenue, S.W., to Verizon, for installation of underground facilities, upon certain terms and conditions. WHEREAS, a public hearing was held on February 20, 2001, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document donating and conveying a 15' easement across City owned property located at 348 Campbell Avenue, S.W., to Verizon, for installation of underground facilities to upgrade the telephone service for the new Police Building, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated February 5, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35221-030501. A RESOLUTION memorializing the late Reed Preston Cotton, Sr., who for nearly 23 years served Roanoke's Division of Solid Waste Management and the citizens of the City of Roanoke with honor and distinction. 134 WHEREAS, the members of Council learned with sorrow of the passing of Mr. Cotton on February 17, 2001; and WHEREAS, Mr. Cotton was much loved by co-workers and customers alike. His primary assignment was to service Roanoke's physically challenged residents, and he was known always to go the extra mile in support of those he served. He typically would be the first sanitation worker to arrive on the job in the morning and the last to leave in the evening; and WHEREAS, Mr. Cotton worked for Solid Waste Management from April 3, 1978, to February 17, 2001, and died during the course of duty, serving citizens as he had been doing for more than 22 years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Reed Preston Cotton, Sr., and extends to his wife and family its sincerest condolences. resolution to Mr. Cotton's wife, Mrs. Maxine Cotton. The City Clerk is directed to forward an attested copy of this APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35222-030501. A RESOLUTION in recognition of the heroic and potentially life-saving action of Mr. Keith Patrick Weltons of Radford. 135 WHEREAS, at approximately 8 p.m. on January 16, 2001, Mr. Weltons was driving out of a parking garage located on the corner of Franklin and Williamson Roads. He noticed a man leaning suspiciously into another car parked in the garage. Sensing that someone may have been in danger, Mr. Weltons stopped his vehicle and sounded his horn. Mr. Weltons' suspicions were well-founded: his action interrupted the perpetration of a violent physical assault against an innocent woman; and WHEREAS, at the sounding of the horn, the woman was able to escape from her attacker and flee to the safety of Mr. Weltons' vehicle. He immediately drove her to Community Hospital, where she received prompt medical attention; and WHEREAS, Mr. Weltons' actions saved the woman from grave injury or worse, and the prompt reporting of the incident led to an immediate police response and the subsequent arrest of the alleged perpetrator; and WHEREAS, through Mr. Weltons' selfless response to a person in need, a fellow citizen will live knowing that while evil deeds may forever plague us, brotherly love will rule the day in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Keith Patrick Weltons be thanked and be recognized before all the citizens of Roanoke for his heroic contribution to the safety and welfare of our community. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 35223-030501. AN ORDINANCE, amending Section 21-25. Damagin~l or defacing proDerty qenerally, of Chapter 21 Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to provide for community service for offenders; and providing for an emergency. 136 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 21-25. Damaqin~ or defacin_Q property qenerally, of Chapter 21 Offenses-Miscellaneous, to read and provide as follows: §21-25. Willful damage to or defacement of public or private facilities. (a) Graffiti defined. Graffiti means the unauthorized application of any writing, painting, drawing, etching, scratching or marking of an inscription, work, figure or design of any type on any public or private building or other real or personal property owned, operated or maintained by a governmental entity or an agency or instrumentality thereof or by any private person, firm or corporation. (b) Violation and penalty. It shall be unlawful and a Class 1 misdemeanor for any person to willfully and maliciously damage or deface, by application of graffiti or otherwise, any public buildings, facilities and personal property or any private buildings, facilities and personal property if the damage to the private property is less than $1,000. (c) Community Service. (1) Upon a finding of guilt in any case tried before the court without a jury, if the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as (2) (3) ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. Any community service ordered or directed for a violation of subsection (b) shall, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the city and may include clean-up, beautification, landscaping or other appropriate community service within the city. A designee of the city manager shall supervise the performance of any community service work required and shall report thereon to the court imposing such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the supervisor of community service in the city concerning the plan. Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Code of Virginia S 19.2-305.1. 137 138 (d) (e) Parental responsibility for damage to public property. If the willful or malicious destruction of, or damage to, any property of the city is done by a minor who is living with either or both parents, the city may institute an action and recover from the parents of the minor, or either of them, for the damages suffered by reason of the willful or malicious destruction of, or damage to, public property by the minor. The action by the town shall be subject to any limitation on the amount of recovery set forth in Code of Virginia, § 8.01-43, or other applicable provision of state law. Authority of city to remove or repair. (1) The city manager or a designated representative is authorized to undertake or contract for the removal or repair of the defacement, including but not limited to defacement by application of graffiti, of any public building, wall, fence or other structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way. (2) Prior to such removal, the city manager or a designated representative shall request that the property owner remove or repair the defacement. If the property owner fails to remove or repair the defacement within fifteen (15) days of the date of the request, then the city manager or a designated representative shall seek the written permission of the property owner for the city or its representatives to remove or repair the defacement. Should the property owner fail to provide such permission within ten (10) days after request, the city may have such defacement removed or repaired by the city's agents or employees. 139 (3) All such removal or repair, unless undertaken by the property owner, shall be at the expense of the city; provided however, that the removal or repair work may be undertaken by volunteers or individuals required to perform community service by order of any court, under appropriate city supervision. 2. In order to provide for the usual operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 35224-030501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAiNED by the Council of the City of Roanoke that certain sections of the 2000-2001 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 140 Appropriations Capital Outlay $ 1,616,415.00 Gunite Crystal Springs and Falling Creek Reservoirs (1) ............. 217,900.00 Operating $13,234,801.00 Capital Outlay (2) ........................................... 1,699,237.00 1) Appropriated from General Revenue 2) Unidentified Plant Replacement (002-510-8396-9003) (002-510-2178-9026) $ 217,900.00 (217,900.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35225~30501. AN ORDINANCE accepting the bid of Peters and White Construction Company to gunite the interior of the Crystal Springs Reservoir to repair the walls up to the overflow level, and to also repair leaks in the walls and floor of the clear well (holding tank) at the Falling Creek Reservoir, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 141 1. The bid of Peters and White Construction Company in the amount of $198,283.00 to gunite the interior of the Crystal Springs Reservoir to repair the walls up to the overflow level, and to also repair leaks in the walls and floor of the clear well (holding tank) at the Falling Creek Reservoir, as is more particularly set forth in the City Manager's letter dated March 5, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 35226-030501. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Water Fund Appropriations, and providing for an emergency. 142 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 1,421,515.00 Carvins Cove Waterline Project Easement Acquisition (1) ........... 23,000.00 Retained Earnings Retained Earnings - Available for Appropriation (2) ................ $. 4,876,000.00 1) Appropriated from General Revenue 2) Retained Earnings - Available for Appropriation (002-510-8397-9003) $ (002-3348) 23,000.00 (23,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 143 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35227~0501. AN ORDINANCE providing for the acquisition of an easement needed by the City for the placement of a waterline across the property of James D. Fralin, in connection with certain improvements made at Carvins Cove; providing for the City's acquisition of such easement by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the placement of a waterline in connection with the improvements made at Carvins Cove, the City wants and needs a utility easement across property bearing Roanoke County Official Tax No. 38.06-07-01, as set forth in the report and attachment thereto of the Water Resources Committee dated March 5, 2001. The proper City officials are authorized to acquire this easement for such reasonable consideration as the City Manager may deem appropriate and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of the easement and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed on behalf of the City to offer the landowner such consideration for the easement as deemed appropriate. Upon the acceptance of an offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the landowners as to the compensation to be paid for acquisition of such property rights, or other terms of purchase or settlement, or should the owner be persons under a disability lacking capacity to convey said property rights, or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 144 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 35228~30501. A RESOLUTION authorizing the City Manager to enter into an agreement with Commonwealth Buildings for the lease of office space at 110 Campbell Avenue, for use by the Roanoke City Office of Real Estate Valuation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with Commonwealth Buildings for the lease of 2,453 square feet of office space within the Commonwealth Park Building located at 110 Campbell Avenue for use by the Roanoke City Office of Real Estate Valuation; said lease shall be for a 145 one-year term from March1, 2001, until February 28, 2002, with an option to renew for three additional one-year terms, at a rete of $2,516.88 per month; said lease shall provide for the indemnification of each party by the other party and shall be upon the terms and conditions as more particularly described in the Water Resources report to this Council dated March 5, 2001. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35229-030501. A RESOLUTION naming the Atrium in the Roanoke City Courthouse in honor o~.the late Honorable Beverly T. Fitzpatrick, Judge, Circuit Court for the City of Roanoke. WHEREAS, Beverly T. Fitzpatrick was born on December 2, 1919, the youngest of four children of Frank and Maggie Fitzpatrick; WHEREAS, Judge Fitzpatrick attended Forest Park Elementary School, Monroe Junior High School, then Jefferson High School, where he earned his varsity letter for four straight years on the football field for the Jefferson High Magicians from 1935 to 1938; WHEREAS, Judge Fitzpatrick earned a football scholarship to Washington & Lee University and played as a starting guard from 1939 through 1942; WHEREAS, upon graduation from Washington & Lee University, Judge Fitzpatrick enlisted in the Navy and participated in amphibious operations in the invasion of Southern France and later took part in the invasion of Okinawa in 1945, then was honorably discharged as a Lieutenant; 146 WHEREAS, Judge Fitzpatrick entered law school at Washington & Lee University in 1946, graduated under the two-year accelerated program, and then became an Assistant Commonwealth's Attorney under C. E. Cuddy; WHEREAS, Judge Fitzpatrick was appointed the successor to the Honorable Sam Price, Judge of Roanoke's Civil and Police Court at the age of 34 years, the youngest judge, at the time, to go on the bench; WHEREAS, Judge Fitzpatrick served in the judiciary with distinction for twenty-six years until his retirement in 1980, serving as Chief Judge of the Twenty- Third General District Court for the last seven years of his judicial career; WHEREAS, Judge Fitzpatrick was compassionate, fair, strong, dedicated, serious and sympathetic to the frailties of mankind, and became known for establishing an Honor Court in an effort to rehabilitate alcoholics; WHEREAS, after his judicial career, Judge Fitzpatrick continued to serve his community with devotion and relentless energy by spearheading the fund- raising necessary for the rehabilitation of his alma mater, Jefferson High School, and the creation of the Jefferson Center, leading the fund-raising efforts for the creation of the Roanoke War Memorial in the heart of downtown Roanoke, serving on the Board of Directors for the Transportation Museum, and teaching Sunday School at his church; WHEREAS, Judge Fitzpatrick married his childhood sweetheart, Helen Chewning, in 1943, and raised three sons, Beverly, Jr., Broaddus and Eric; and WHEREAS, Judge Fitzpatrick passed from this earth on'September 16, 2000, and left behind a community of grateful citizens and leaders who continue to benefit from his altruism and selfless service. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Atrium of the Courthouse in the City of Roanoke is hereby named the Beverly T. Fitzpatrick Atrium, in accordance with the recommendation set out in the Planning Commission's letter dated March 5, 2001, to this Council. 2. The City Manager is directed to cause the appropriate signage to be placed to reflect the name of the Atrium as the Beverly T. Fitzpatrick Atrium. 147 3. The City Clerk is directed to forward a copy of this resolution to the widow of Beverly T. Fitzpatrick, Helen Chewning Fitzpatrick. ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35255-031901. AN ORDINANCE amending and reordaining §36.1-25, Definitions, of Article II, Construction of Language and Definitions, and §36.1-445, Additional siqn regulations, by amending subsection (a) and adding new subsection (e), of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify and provide appropriate spatial requirements for outdoor advertising signs; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-25, Definitions, of Article II, Construction of Language and Definitions, and §36.1-445, Additional sign regulations, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: 148 Sec. 36.1-25. Definitions. For the purpose of this chapter certain terms and words used herein shall be defined as follows: Street, arterial: A major thoroughfare of heavy traffic volume and considerable continuity. Street, collector: A street which carries traffic from a local street to an arterial street in addition to serving primarily as access to more than forty (40) existing lots. Street, local: A street used for access to abutting properties and which serves forty or fewer lots. Sec. 36.1-445. Additional sign regulations. In all districts, the following additional sign regulations shall be applicable: (a) No outdoor advertising sign shall be erected: (1) Within three hundred (300) feet from the boundary line of any residential district within the City. (3) Within three hundred fifty (350) feet from any outdoor advertising sign on the same side of the street. (6) Along an arterial or collector street within five hundred (500) feet of any point in the City at which the City's municipal corporation boundary is intersected by the arterial or collector street. 149 (e) The distances separating outdoor advertising signs from each other or separating any outdoor advertising sign from any boundary shall be measured from the nearest point on the proposed outdoor advertising sign to the nearest applicable point of the outdoor advertising sign or boundary. (f) Any application for a zoning permit for the erection of an outdoor advertising sign shall be accompanied by a basic development plan showing by survey the location of the proposed outdoor advertising sign, and the distance from the proposed sign to any other outdoor advertising sign or boundary. second reading of Pursuant to the provisions of Section 12 of the City Charter, the ATTEST: Mary F. Parker City Clerk this ordinance by title is hereby dispensed with. Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35230-031901. A RESOLUTION paying tribute to James D. Ritchie, Sr., Deputy City Manager, for the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mr. Ritchie began his career with the City in June, 1975, as Director of Human Services; and WHEREAS, Mr. Ritchie served under four City Managers and has had direct supervision of most City departments; and WHEREAS, Mr. Ritchie served for nine months in 1999 as Roanoke's Acting City Manager, guiding the City through tough times of drought, hazardous waste remediation, and Y2K phobia; and 150 WHEREAS, Mr. Ritchie served as staff coordinator for the City Manager's Task Force on Homelessness and, in the early 1980's, chaired the City Manager's Drug Study Task Force; and WHEREAS, Mr. Ritchie has unselfishly given his time to serve on numerous boards and commissions during his tenure, including the Hotel Roanoke Conference Center Commission and the boards of the Department of Social Services, the League of Older Americans, Burrell Memorial Hospital, the United Way, and the Fifth District Employment and Training Consortium; and WHEREAS, Mr. Ritchie faithfully served Roanoke and its citizens for26 years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this means of recognizing and commending the many years of service rendered to the City of Roanoke and its people by James D. Ritchie, Sr. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35231-031901. A RESOLUTION memorializing the late G. Frank Clement, a Iongtime resident of Roanoke and retired President and Chairman of the Board of Shenandoah Life Insurance Company. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Clement on Thursday, March 1, 2001; and WHEREAS, Mr. Clement was one of the most influential civic and business leaders of our community, and was appointed to fill a vacancy on City Council in 1980, and Mr. Clement served in that capacity from January 1, 1980, through June 30, 1980; and 151 WHEREAS, Mr. Clement was known as one of Roanoke's most outstanding benefactors in the last half of the 20th century and was instrumental in raising funds to make Center in the Square a reality; and WHEREAS, Mr. Clement worked with leaders in both the black and white communities in the 1960's to help Roanoke avoid the violence that accompanied desegregation; and WHEREAS, Mr. Clement served as a valued and respected member of many of the major boards in the Roanoke Valley, including the original board for Roanoke's Center in the Square, Roanoke Electric Steel Corporation (25 years), and Virginia Tech's Board of Visitors; and WHEREAS, Mr. Clement will be remembered as a compassionate and capable businessman, and someone deeply committed to Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of G. Frank Clement, and extends to his family its sincerest condolences. resolution to Mr. Clement's family. ATTEST: Mary F. Parker City Clerk The City Clerk is directed to forward an attested copy of this Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35232-031901. A RESOLUTION memorializing the late Jimmie Layman, former Manager of the Roanoke Parks and Recreation Department and a clerk for the Roanoke City Market. 152 WHEREAS, the members of Council learned with sorrow of the passing of Mr. Layman on Friday, March 2, 2001; and WHEREAS, Mr. Layman faithfully served the Parks and Recreation Department for 36 years; and WHEREAS, Mr. Layman maintained a steady presence at the Roanoke City Market, renting out booths to vendors and giving out food to visitors on the Market; and WHEREAS, Mr. Layman was an active member in the Williamson Road Masonic Lodge No. 163, Webber High Twelve Masonic Lodge No. 282, and the Williamson Road Order of the Eastern Star; and WHEREAS, Mr. Layman was known as someone whowould do anything for anyone, a man with a heart as big as a mountain. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Jimmie Layman, and extends to his wife, Rosalie, and his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Layman's widow, Rosalie Layman. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35233-031901. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Grant Funds Appropriations, and providing for an emergency. 153 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ............................. Contingency - General Fund (2) .......................... $ 66,229,827.00 66,709,017.00 291,326.00 Grant Fund Appropriations Judicial Administration DCJS Exile Grant CY 2001 (3 - 13) ......................... $ 754,060.00 80,212.00 Revenues Judicial Administration DCJS Exile Grant CY 2001 (14 - 15) ........................ $ 754,060.00 80,212.00 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Transfer to Grant Fund Contingency Regular Employee Salaries ICMA - Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Advertising Administrative Supplies Local Mileage Other Rental State Grant Local Match (001-250-9310-9535) (001-300-9410-2199) (035-150-5141-1002) (035-150-5141-1115) (035-150-5141-1120) (035-150-5141-1125) (035-150-5141-1126) (035-150-5141-1130) (035-150-5141-1131 ) (035-150-5141-2015) (035-150-5141-2030) (035-150-5141-2046) (035-150-5141-3075) (035-150-5141-5139) (035-150-5141-5140) $ 8,021.00 (8,021.00) 55,094.00 3,698.00 4,215.00 2,520.00 202.00 441.00 132.00 5,000.00 1,250.00 1,660.00 6,000.00 72,191.00 8,021.00 154 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35234-031901. A RESOLUTION accepting the Virginia Exile Grant offer made to the City by the Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Department of Criminal Justice Services of the Virginia Exile grant in the amount of $72,191.00, such grant being more particularly described in the report of the City Manager, dated March 19, 2001, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept the grant, including any documents providing for indemnification by the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 155 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice in connection with the City's acceptance of this grant. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35235-031901. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General, School and School Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General, School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 66,301,375.00 Transfers to Other Funds (1) .............................. 66,772,544.00 Fund Balance Reserved for CMERP - Schools (2) .......................... $ 780,210.00 156 SchoolFund Appropriations Education Facilities (3 - 6) ........................................ Title I Winter, 124-01-1 (7 - 35) ............................ Governor's School 2000-01 (36 - 39) ....................... Jobs for Virginia Graduates 2000-01 (40) ................... $127,195,301.00 69,022,609.00 3,194,048.00 1,407,936.00 48,351.00 Revenues Education Nonoperating (41) ...................................... Title I Winter, 124-01-1 (42) ............................... Governor's School 2000-01 (43) ........................... Jobs for Virginia Graduates 2000-01 (44) ................... $125,444,366.00 45,573,913.00 3,194,048 1,407,936 48,351 School Capital Projects Fund Appropriations Education Fairview Elementary School Improvements (45) .............. Fishburn Park Elementary School (46) ..................... High School Feasibility Study (47) ......................... Public Improvement Bonds - Series 1999 (48) ............... $ 23,699,465.00 2,468,398.00 2,324,294.00 250,000.00 1,051,271.00 Revenues Due from State - Literary Fund Loan - Fairview Elementary (49).. Due from State - Literary Fund Loan - Fishburn Park (50) ....... $ 2,425,648.00 2,272,044.00 1) Transfer to School Fund 2) Reserved for CMERP - Schools 3) Replacement - Data Process Equipment 4) Replacement - Machinery and Equipment 5) Additional - Machinery and Equipment 6) Buildings (001-250-9310-9530) (001-3324) (030-060-6006-6302-0806) (030-060-6006-6318-0801) (030-060-6006-6681-0821) (030-060-6006-6896-0851) 7) Compensation of Teachers (030-060-6179-6000-0121) 8) Compensation of Supervisors (030-060-6179-6000-0124) $ 71,548.00 (71,548.00) 16,737.00 25,455.00 1,560.00 27,796.00 (150,603.00) 57,061.00 157 9) Compensation of Teacher Aides 10) Supplements 11) Health Insurance 12) Attendance Bonuses 13) Educational and Recreational Supplies 14) Other Operation Supplies 15) Food 16) Compensation of Directors 17) Compensation of Teachers 18) Compensation of Supervisors 19) Supplements 20) Compensation of Other Professionals 21) Compensation of Teacher Aides 22) Indirect Costs 23) Maintenance and Service Contracts 24) Field Trips 25) Testing/Evaluation/ Dissemination 26) Other Miscellaneous Payments 27) Inservice Workshops 28) Office Supplies 29) New Operation Supplies 30) Additional - Machinery and Equipment 31) Compensation of Teachers 32) Compensation of Nurses 33) Social Security 34) Field Trips 35) Food 36) Additional - Machinery and Equipment 37) Electrical Service 38) Heating Services 39) Water and Sewer Services 40) Educational and Recreational Supplies (030-060-6179-6000-0141) (030-060-6179-6000-0129) (030-060-6179-6000-0204) (030-060-6179-6000-0211 ) (030-060-6179-6000-0614) (030-060-6179-6000-0615) (030-060-6179-6000-0602) (030-060-6179-6200-0114) (030-060-6179-6200-0121) (030-060-6179-6200-0124) (030-060-6179-6200-0129) (030-060-6179-6200-0138) (030-060-6179-6200-0141) (030-060-6179-6200-0212) (030-060-6179-6200-0332) (030-060-6179-6200-0583) (030-060-6179-6200-0584) (030-060-61 (030-060-61 (030-060-61 (030-060-61 79-6200-0586) 79-6200-0587) 79-6200-0601) 79-6200-0615) (030-060-61 (030-060-61 (030-060-61 (030-060-61 (030-060-61 (030-060-61 79-6200-0821) 79-6449-0121) 79-6449-0131 ) 79-6449-0201) 79-6449-0583) 79-6449-0602) (030-060-6321-6346-0821) (030-060-6321-6681-0511) (030-060-6321-6681-0512) (030-060-6321-6681-0513) (030-060-6728-6351-0614) 41) Transfer from General Fund(030-060-6000-1037) 42) Federal Grant Receipts (030-060-6179-1102) 43) State Grant Receipts (030-060-6321-1100) 50,533.00 29,417.00 48,137.00 200.00 5,059.00) 58,325.00 6,025.00 66,443.00) 9,330.00 26,155.00) 56,717.00 2,354.00 366.00 (1,067.00) 3,492.00 7,770.00 (5,460.00) 54,670.OO 4,201.00 2,525.00 222,400.00 15,000.00 20,533.00 28,536.00 1,570.00 477.00 (5,425.00) 33,960.00 10,000.00 5,000.00 2,000.00 1,000.00 71,548.00 419,427.00 50,960.00 158 44) Federal Grant Receipts 45) Appropriated from Literary Fund Loan 46) Appropriated from Literary Fund Loan 47) Appropriated from Bond Funds - Series 1999 48) Public Improvement Bonds - Series 1999 49) Due from Literary Fund Loan - Fairview 50) Due from Literary Fund Loan - Fishburn (030-060-6728-1102) (031-060-6056-6896-9006) (031-060-6057-6896-9006) (031-060-6061-6896-9010) (031-060-9709-9182) (031-1341) (031-1343) $ 1,000.00 68,992.00 28,710.00 250,000.00 (2S0,000.00) 68,992.00 28,710.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35236-031901. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 159 Appropriations Flood Reduction Roanoke River Flood Reduction (1) ....................... Roanoke River Utility Relocation (2) ....................... $14,256,118.00 4,998,868.00 240,000.00 1) Appropriated from General Revenue 2) Appropriated from General Revenue (008-056-9620-9003) (008-530 -9765-9003) $ (240,000.00) 240,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35237~31901. A RESOLUTION authorizing the City Manager's issuance of Amendment lA to the City's contract with Hayes, Seay, Mattern & Mattern, Inc. for Phase II - design and Phase III - construction administration for the Roanoke River Flood Reduction Project - Utility Relocation Design. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Amendment IA to the City's March 18,1991, contract with Hayes, Seay, Mattern & Mattern, Inc., for Phase II - design and Phase III - construction administration for the Roanoke River Flood Reduction Project - Utility Relocation Design, all as more fully set forth in the letter to this Council dated March 19, 2001. 160 2. Amendment lA will provide authorization for additions in the work with an increase in the amount of $227,353 to the contract, all as set forth in the above letter. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA The 19th day of March, 2001. No. 35238-031901. A RESOLUTION finding that the Iow bidder did not provide a responsive bid and accepting the bid of Verizon Virginia to provide local telephone service, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and rejecting all other bids made to the City for the service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Iow bidder took exceptions to providing four (4) digit dialing to all City locations and providing a contingency plan for Public Safety Departments as specifically requested in the bid. Also, Iow bidder's references did not have ISDN Centrex services or equipment which was a requirement of the speflcications. The Iow bidder did not submit a bid which conformed in all material respects to the invitation to bid and was thus nonresponsive. 2. The next Iow bid, on file in the Purchasing Department, of Verizon Virginia to provide local telephone service at $55,395.66 per month as is set forth in the letter to this Council dated March 19, 2001, such bid being in full compliance with the City's specifications made therefor and as provided in the contract documents to be offered to such proposer, be and is hereby ACCEPTED. 3. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its bid made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney. 161 4. Any and all other bids made to the City for the aforesaid service are hereby REJECTED, and, the City Clerk is directed to notify each such bidder and ATTEST: ~t° express to each the City s appreciation for such=h,/~//y//bid. Mary F. Parker ,e Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35239-031901. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED, by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges Sidewalk and Curbs Phase V-A (1) .......................... Police Building Streetscape (2) .............................. $26,225,931.00 674,050.00 30,300.00 1) Appropriated from 1999 Bonds 2) Appropriated from 1999 Bonds (008-052-9608-9001) (008-530-9770-9001) $(30,300.00) 30,300.00 162 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35240-031901. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 9 to the City's contract with Thor, Incorporated for the removal of streetscapes for the New Police Building Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 9 to the City's contract with Thor, Incorporated for the removal of streetscapes for the New Police Building Project, all as more fully set forth in the letter to this Council dated March 19, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $30,300.00 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Mayor 163 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35241-031901. AN ORDINANCE amending Ordinance No. 35208-020501 to set forth the correct name of the entity being awarded the bid for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 35208-020501 is hereby amended to set forth the correct name of the entity being awarded the bid for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements. 2. The correct name of the entity being awarded the bid is Kenneth L. Wyant, t/a Wyant Construction Co. and all references in Ordinance No. 35208-020501 to Wyant Construction Company, Inc. are hereby amended to read Kenneth L. Wyant, t/a Wyant Construction Co., all as more fully set forth in the March 19, 2001, letter of the City Manager to this Council. 3. As amended, Ordinance No. 35208-020501 awarding the bid forthe above work to Kenneth L. Wyant, t/a Wyant Construction Co. and authorizing the City Manager to sign a contract for such work is hereby affirmed and remains in full force and effect. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Mayor 164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35243-031901. A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. WHEREAS, the Code of Virginia (1950), as amended, establishes eligibility criteria for localities for receiving funds from VDOT for street maintenance purposes; and WHEREAS, inventory additions are required to be submitted to VDOT in order to be eligible for payment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit inventory additions to VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for State street maintenance funds, as set forth in the City Manager's report dated March 19, 2001, and its attachment. ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35244-031901. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 165 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium Drug Court Placement (1-6) ............................. $ 4,277,869.00 22,000.00 Revenues Fifth District Employment & Training Consortium Drug Court Placement (7) .............................. $ 4,277,869.00 22,000.00 1) Wages 2) Fringes 3) Communications 4) Supplies 5) Miscellaneous 6) Support Services (034-633-2195-8350) (034-633-2195-8351 ) (034-633-2195-8353) (034-633-2195-8355) (034-633-2195-8360) (034-633-2195-8461) 7) Drug Court Placement (034-633-2195-2159) 16,000.00 3,950.00 500.00 500.00 800.00 250.00 22,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35245-031901. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Roanoke Valley Detention Commission Fund Appropriations, and providing for an emergency. 166 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Roanoke Valley Detention Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $ 4,354,788.00 Personal Services (1-3) ..................................... 2,627,925.00 Fringe Benefits (4-13) ...................................... Contractual Services (14-15) ................................. Other Charges (16-46) ...................................... Recovered Costs (47) ..................................... $( Capital Outlay (48) ....................................... 717,143.00 175,000.00 799,720.00 15,000.00) 50,000.00 Non-Operating Interest Expense (49) ..................................... Depreciation Expenses (50) ................................ 738,253.00 379,920.00 358,333.00 Revenues Operating Federal (51) ............................................. Grants-In-Aid Commonwealth (52) ........................... Charges for Services (53-57) ............................... $ 5,093,041.00 55,000.00 1,873,102.00 3,164,939.00 1) Regular Employee Salaries (011-632-3370-1002) 2) Overtime Wages (011-632-3370-1003) 3) Temporary Employee Wages(011-632-3370-1004) 4) Retirement (011-632-3370-1105) 5) ICMA Match 6) FICA 7) Medical Insurance 8) Dental Insurance 9) Retiree Supplemental to 65 10) Life Insurance 11) Disability Insurance 12) Unemployment Wages 13) Termination Leave Wages 14) Maintenance Contracts 15) Fees for Professional Services 16) Advertising (011-632-3370-1116) (011-632-3370-1120) (011-632-3370-1125) (011-632-3370-1126) (011-632-3370-1127) (011-632-3370-1130) (011-632-3370-1131) (011-632-3370-1145) (011-632-3370-1150) (011-632-33702005) (011-632-3370~010) (011-632-3370~015) $ 2,407,925.00 40,000.00 180,000.00 153,177.00 46,800.00 188,632.00 226 800.00 18 166.00 2 520.00 19 263.00 6 785.00 30 000.00 25,000.00 15,000.00 160,000.00 10,000.00 167 17) Telephone 18) Telephone-Cellular 19) Electric 20) Natural Gas 21) Water and Sewage 22) Utilities - Other 23) Administrative Supplies 24) Housekeeping Supplies 25) Expendable Equipment (<3,500) 26) Motor Fuels and Lubricants 27) Publications and Subscriptions (011 28) Dues and Memberships (011 29) Training and Development (011 30) Local Mileage (011 31) Maintenance Equipment (011 32) Food (011 33) Medical (011 34) Wearing Apparel (011 35) Program Activities (011 36) Printing (011 37) Kitchen Supplies (011 38) Detainee Hygiene Supplies (011 39) Employee Tuition (011 40) Detainee Medications (011 41) Detainee Clothing (011 42) Detainee Linens (011 43) Employee Physicals (011 44) Employee Drug Screening (011 45) Postage (011 46) Insurance (011 47) Reimbursements (011 48) Other Equipment (011 49) Interest Expense (011 50) Depreciation Expense (011 51) USDA (011 52) State Block Grant (011 53) City of Roanoke (011 54) Roanoke County (011 55) City of Salem (011 56) Franklin County (011 57) Botetourt County (011 (011-632-3370-2020) (011-632-3370-2021) (011-632-3370-2022) (011-632-3370-2024) (011-632-3370-2026) (011-632-3370-2029) (011-632-3370-2030) (011-632-3370-2032) (011-632-3370-2035) (011-632-3370-2038) -632-3370-2040) -632-3370-2042) -632-3370-2044) -632-3370-2046) -632-3370-2048) -632-3370-2060) -632-3370-2062) -632-3370-2064) -632-3370-2066) -632-3370-2075) -632-3370-2101 ) -632-3370-2103) -632-3370-2105) -632-3370-2106) -632-3370-2108) -632-3370-2109) -632-3370-2110) -632-3370-2111) -632 -3370 -2160) -632-3370 -3020) -632-3370-6005) -632-3370-9015) -632-3371-3841) -632-3372-9100 -110-1234-0660) -110-1234-0718) -110-1234-0816) -110-1234-0820) -110-1234-0826) -110-1234-0831 ) -110-1234-0832) 20,000.00 1,200.00 120,000.00 40,000.00 15,120.00 1,500.00 15,000.00 40,000.00 7,000.00 2,500.00 1,000.00 1,000.00 15,000.00 1,000.00 37,OOO.O0 300,000.00 15,000.00 3,000.00 16,000.00 5,000.00 20,000.00 17,400.00 8,000.00 30,000.00 7,500.00 4,300.00 5,200.00 1,500.00 4,000.00 35,500.00 (15,000.00) 50,000.00 379,920.00 358,333.00 55,000.00 1,873,102.00 1,614,119.00 791,235.00 379,793.00 316,494.00 63,298.00 168 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35246-031901. AN ORDINANCE authorizing the City Manager to enter an agreement with KPMG LLP for the performance of annual audits of the City's finances for each of the fiscal years ending June 30, 2001, 2002, 2003, and 2004, upon certain terms and conditions; and providinf for an emergency. WHEREAS, the Council's Audit Committee has requested proposals for certain auditing services, and after public advertisement and competion, the Committee has recommended that the services of KPMG LLP be engaged under contract, for the purposes hereinafter provided; and WHEREAS, the Audit Committee has submitted to the council a written proposal of such firm, dated December 5, 2000, setting out the services to be rendered, and a fee schedule dated February 5, 2001 with the compensation to be received therefor, copies of which are on file in the Office of the City Clerk, and the Council considering the Committee report concurs in the recommendation made therein; that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The City Manager is hereby authorized, for and on behalf of the City, to enter into a written agreement, upon form approved by the city Attorney, with KPMG LLP, Certified Public Accountants, engaging the services of such firm to audit annually the financial records and accounts of the City for each of the fiscal years ending June 30, 2001, 2002, 2003, and 2004. 169 2. The scope of such firm's examination and/or its reports and the consideration to be paid therefor shall be as set out in the city's Request for Proposals number 00-11-1 and such firm's proposal made to the City's Audit Committee, dated December 5, 2000. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35247-031901. AN ORDINANCE accepting the bid of Carter's Cabinet Shop of Roanoke, Inc. to fabricate and install lockers in the New Police Building, located at 348 Campbell Avenue, S.W., as follows: 248 in Men's Locker Room, 28 in Women's Locker Room and 17 in the Tactical Room, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Carter's Cabinet Shop of Roanoke, Inc. in the amount of $169,281.00 to fabricate and install lockers in the New Police Building, located at 348 Campbell Avenue, S.W., as follows: 248 in Men's Locker Room, 28 in Women's Locker Room and 17 in the Tactical Room, as is more particularly set forth in the City Manager's letter dated March 19, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 170 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. //'~ ~'~ ~'ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35248-031901. A RESOLUTION approving the Redevelopment Plan for the South Jefferson Redevelopment Area dated February 5, 2001, as being substantially in accord with Roanoke Vision, the City's Comprehensive Plan, and as required by §36- 51 of the Code of Virginia (1950), as amended. WHEREAS, the area of the Citywhich is generally east of Route 220 (the Roy L. Webber Expressway), west of the Roanoke River, south of the Elm Avenue interchange with Interstate 581, and north of Wiley Drive and Wiley Road (hereinafter referred to as the "Redevelopment Area") is a blighted area which impairs economic values and tax revenues; 171 WHEREAS, the Redevelopment Area suffers from deteriorated and dilapidated structures, deficient streets, sidewalks and drainage, deleterious land uses, obsolete layout and faulty arrangement of design, obsolescence, flood hazards, abandoned structures, abandoned vehicles, an accumulation of debris and overgrown lots, depressed economic business activity, and a decline in economic impact for the City of Roanoke; WHEREAS, the Redevelopment Area is an area where the condition of title, diverse ownership of the land to be assembled, the street and lot layouts, and other conditions prevent a proper development of the Redevelopment Area; WHEREAS, the Roanoke Redevelopment and Housing Authority ("Housing Authority") has made studies of the economic conditions, flooding hazards and conditions, environmental hazards, structural conditions and other conditions, and proposes to eliminate or reduce these conditions through redevelopment and clearance, rehabilitation and relocation assistance; WHEREAS, the Housing Authority has prepared and presented to this Council for review and approval a plan for the improvement and revitalization of the Redevelopment Area dated February 5, 2001, and entitled, "Redevelopment Plan for the South Jefferson Redevelopment Area" ("Redevelopment Plan"); WHEREAS, the primary purpose of the Redevelopment Plan is to provide for private reinvestment and economic growth through redevelopment by private enterprise; WHEREAS, the specific goals of the Redevelopment Plan include eliminating blight, blighting influences, deterioration and deleterious land use, improving business activity and generating additional economic value for the City of Roanoke, making best use of the area's location and urban character, and providing for a versatile mix of complimentary land uses within the redevelopment area; WHEREAS, the Redevelopment Plan has been recommended for approval by the Housing Authority, as evidenced by the copy of the duly certified resolution of the Housing Authority, approving the Redevelopment Plan, which is attached to the City Manager's report dated March 19, 2001, to this Council; WHEREAS, the Planning Commission, after giving proper legal notice, and after conducting a public hearing on the matter, has made its recommendation to Council that the Redevelopment Plan, including the proposed street construction, public open spaces and parks, and public infrastructure improvements, is substantially in accord with Roanoke Vision, the City's adopted Comprehensive Plan; 172 WHEREAS, Roanoke Vision, the City's Comprehensive Plan, is recognized and used as the guide for the general development of the City as a whole; WHEREAS, §36-51 of the Code of Virginia (1950), as amended, requires that before the Housing Authority may acquire land for, or otherwise initiate, a redevelopment project for a particular area, City Council must review and approve a plan which provides an outline for the development or redevelopment of the area; and WHEREAS, the members of this Council are familiar with the conditions prevailing in the Redevelopment Area and, in the light of such knowledge, have carefully considered and reviewed the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Redevelopment Area is an area of the City which would realize substantial benefits from redevelopment and clearance, rehabilitation and relocation assistance, all as contemplated by the Redevelopment Plan, and that it is therefore desirable and in the public interest that the Housing Authority initiate and carry out the Redevelopment Plan; 2. The Redevelopment Plan conforms to, and is substantially in accord with, Roanoke Vision, the City's Comprehensive Plan; and 3. The Redevelopment Plan has been duly reviewed and considered and is hereby approved, and the City Clerk is hereby directed to file a copy of the~ Redevelopment Plan with the minutes of this meeting in her O~ce. Mary F. Pai~er Ralph K. Smith City Clerk Mayor 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of March, 2001. No. 35249-031901· AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 21,414,865.00 South Jefferson Project (1) ................................. 1,232,931.00 Fund Balance Reserved Fund Balance - Unappropriated (2) .................. $ 1,320,403.00 1) Appropriated from General Revenue 2) Reserved Fund Balance - Unappropriated (008-052-9633-9003) (008-3325) $ 1,000,000.00 (1,000,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Mayor 174 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35250-031901. AN ORDINANCE authorizing the proper City officials to execute the South Jefferson Cooperation Agreement 2 between the City of Roanoke ("City") and the City of Roanoke Redevelopment and Housing Authority (RRHA) to provide for the RRHA to implement a Redevelopment Plan dated February 5, 2001, for a certain portion of the City as identified in that Redevelopment Plan in order to develop that area into a research and technology park to enhance and promote economic development within the City and the Roanoke Valley; and providing for an emergency. WHEREAS, the City entered in to a South Jefferson Cooperation Agreement dated May 17, 2000, with the RRHA which provided that the RRHA would undertake an initial study, preparation and research necessary to prepare and establish an appropriate Redevelopment Area and Redevelopment Plan for a certain area of the City located in the general area of Jefferson Street between Carilion Roanoke Memorial Hospital and Carilion Roanoke Community Hospital; and WHEREAS, the RRHA has undertaken the initial study, preparation and research necessary to establish an appropriate redevelopment area and has prepared, the South Jefferson Redevelopment Plan (Redevelopment Plan) dated February 5, 2001, which has been recommended by the RRHA to City Council for approval; and WHEREAS, City Council has approved the Redevelopment Plan dated February 5, 2001, proposed by the RRHA and now desires to have the RRHA implement the Redevelopment Plan for the area contained in the Plan; and WHEREAS, City Council, by Resolution No. 34842-051700, adopted on May 17, 2000, authorized the City Manager to negotiate an Agreement between the City and the RRHA for implementation of the Redevelopment Plan and the City Manager has negotiated such an Agreement between the City and the RRHA; and WHEREAS, City Council now desires to approve the South Jefferson Cooperation Agreement 2 (SJC Agreement 2) negotiated by the City Manager between the City and the RRHA, and to authorize the City Manager to execute the same and to take appropriate action to implement such SJC Agreement 2. 175 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the substance of the SJC Agreement 2 between the City and the RRHA as set forth in the attachment to the City Manager's letter to Council dated March 19, 2001. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the SJC Agreement 2 between the City and the RRHA, upon certain terms and conditions, as set forth in the attachment to the above-mentioned letter to City Council dated March 19, 2001. The SJC Agreement 2 is to be substantially similar to the one attached to such letter, in a form approved by the City Attorney, and subject to appropriation of necessary funds by Council. 3. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation and administration of such the SJC Agreement 2. 4. By adoption ofthis Ordinance, City Council hereby expresses its intent to provide funds for the $14 million amount referred to in the budget attached to the SJC Agreement 2 attached to the City Manager's letter mentioned above and to fund $12 million of that amount to be appropriated to the RRHA by the City under the SJC Agreement 2 through the issuance of general obligation bonds of the City under the Public Finance Act, without referendum, subject to final authorization for the issuance of the bonds after the holding of a public hearing thereon, and the adoption of an appropriate measure or measures. 5. The City Clerk is hereby authorized to advertise for a public hearing to be held on April 16, 2001, or at such other time as the City Manager may deem appropriate, before City Council for the purpose of receiving citizen input on the issuance of $12 million in bonds under the Public Finance Act, §15.2-2600, et seq., Code of Virginia (1950), as amended. 6. In order to provide for the usual daily operation of the municipal government, and emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 176 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35251-031901. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain moneys to be appropriated by the City to the City of Roanoke Redevelopment and Housing Authority (RRHA) for expenditures in connection with the South Jefferson Redevelopment Plan; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of its general obligation public improvement bonds for the amount of $1 million appropriated by an ordinance adopted contemporaneously by the City Council on March 19, 2001, for certain moneys to be appropriated by the City to the RRHA for expenditures in connection with the South Jefferson Redevelopment Plan. 2. The Council hereby determines that the appropriation to the RRHA authorized contemporaneously herewith is being made for a purpose for which the City is authorized to issue, and is contemplated to be reimbursed from the proceeds of, general obligation public improvement bonds of the City. The maximum principal amount of debt expected to be issued for the first part of the South Jefferson Redevelopment Plan is $12 million, all as more fully set forth in the March 19, 2001, letter to this Council from the City Manager. 3. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being made not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 4. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 177 adoption· This Resolution shall be effective on and after the date of its ATTEST: Mary F. Parker City Clerk · ith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35252-031901. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke ("City"), Carilion Health System ("CHS") and Carilion Biomedical Institute ("CBI") that provides for certain undertakings by the parties in connection with an area of the City contained in the South Jefferson Redevelopment Plan in order to develop that area into a research and technology park to enhance and promote economic development within the City and the Roanoke Valley; and providing for an emergency. WHEREAS, CHS, Virginia Polytechnical Institute & State University, and the University of Virginia announced in November, 1999, the creation of CBI to develop and encourage the development of biomedical technology endeavors and ventures; and WHEREAS, the City entered into a South Jefferson Cooperation Agreement dated May 17, 2000, with the City of Roanoke Redevelopment and Housing Authority (RRHA) to provide a Redevelopment Plan for a certain area of the City along Jefferson Street between Carilion Roanoke Memorial Hospital and Carilion Roanoke Community Hospital; and WHEREAS, the RRHA has provided the South Jefferson Redevelopment Plan dated February 5, 2001; and 178 WHEREAS, CHS and CBI desire to be the first major occupants within the Redevelopment Plan Area in order to develop a biomedical institute for research and development of businesses connected with such technology and the City desires to encourage such development in order to develop a research and technology park in that area to enhance and promote economic development within the City and the Roanoke Valley; and WHEREAS, City Council, by Resolution No. 34842-051700, adopted on May 17, 2000, authorized the City Manager to negotiate a Performance Agreement with CHS and CBI in accordance with a letter agreement dated May 15, 2000, among the parties, to encourage the development mentioned above and the City Manager has negotiated such a Performance Agreement providing for certain undertakings by the City, CHS and CBI; and WHEREAS, City Council now desires to approve the Performance Agreement negotiated by the City Manager among the City, CHS and CBI and to authorize the City Manager to execute such Performance Agreement and to take appropriate actions to implement such Performance Agreement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the substance of the Performance Agreement among the City, CHS and CBI as set forth in the attachment to the City Manager's letter to Council dated March 19, 2001. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Performance Agreement among the City, CHS and CBI, upon certain terms and conditions as set forth in the abovementioned letter to City Council dated March 19, 2000. The Performance Agreement is to be substantially similar to the one attached to such letter and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation and administration of such Performance Agreement. 4. By adoption of this ordinance, City Council hereby expresses its intent to provide funds for this matter as those funds become available, subject to appropriation by Council, during the various phases of the Performance Agreement and subject to the terms of the Performance Agreement. 179 5. In order to provide for the usual daily operation of the municipal government, and emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2001. No. 35255-031901. AN ORDINANCE amending and reordaining §36.1-25, Definitions, of Article II, Construction of Language and Definitions, and §36.1-445, Additional sign regulations, by amending subsection (a) and adding new subsection (e), of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify and provide appropriate spatial requirements for outdoor advertising signs; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-25, Definitions, of Article II, Construction of Language and Definitions, and §36.1-445, Additional sign regulations, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 36.1-25. Definitions. For the purpose of this chapter certain terms and words used herein shall be defined as follows: 180 Street, arterial: A major thoroughfare of heavy traffic volume and considerable continuity. Street, collector: A street which carries traffic from a local street to an arterial street in addition to serving primarily as access to more than forty (40) existing lots. Street, local: A street used for access to abutting properties and which serves forty or fewer lots. Sec. 36.1-445. Additional sign regulations. In all districts, the following additional sign regulations shall be applicable: (a) No outdoor advertising sign shall be erected: (1) Within three hundred (300) feet from the boundary line of any residential district within the City. (3) Within three hundred fifty (350) feet from any outdoor advertising sign on the same side of the street. (6) Along an arterial or collector street within five hundred (500) feet of any point in the City at which the City's municipal corporation boundary is intersected by the arterial or collector street. (e) The distances separating outdoor advertising signs from each other or separating any outdoor advertising sign from any boundary shall be measured from the nearest point on the proposed outdoor advertising sign to the nearest applicable point of the outdoor advertising sign or boundary. 181 Any application for a zoning permit for the erection of an outdoor advertising sign shall be accompanied by a basic development plan showing by survey the location of the proposed outdoor advertising sign, and the distance from the proposed sign to any other outdoor advertising sign or boundary. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35242-040201. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Building Services (1) ..................................... Solid Waste Management - Refuse (2) ....................... 24,333,743.00 3,643,530.00 5,544,466.00 182 Fund Balance Reserved for CMERP - City (3) ............................. $ 1,379,500.00 1) Maintenance of Fixed Assets 2) Expendable Equipment (<$5,000) 3) Reserved for CMERP. City (001-440-4330-3057) (001-530-4210-2035) (001-3323) $ 142,091.00 35,020.00 (177,111.00) BE IT FURTHER ORDAINED that this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35253-040201. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. 183 WHEREAS, Paul A. Duncan and Gary A. Duncan Partnership, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on March 19, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 614 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A portion of those certain parcels of real property located at 4425 and 4431 Northwood Drive, N. W., and designated on Sheet No. 614 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6140610 and 6140609, respectively, and a portion of that certain parcel of real property located at the intersection of Peters Creek Road, N. W., and Woodbridge Avenue, N. W., and designated on Sheet No. 614 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6141403, be, and are hereby rezoned from RS-3, Residential Single Family District, to 184 C-2, General Commercial District, as more specifically identified in the First Amended Petition filed in the Office of the City Clerk on February 12, 2001, and subject to the and that Sheet No. 614 proffers contained in that petition, of the Zone Map be changed in this res . ATTEST: a r ~alph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35254-040201. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Roanoke Valley SPCA and Sandra L. Overstreet, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on March 19, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 185 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 321 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land partially fronting on a portion of Baldwin Avenue, N.E. (8 lots), and additional property fronting on a portion of Edmund Avenue, N.E. (16 lots), bearing Official Tax Nos. 3210616 through 3210620, 3210712 through 3210722; and 3210701 through 3210708, all sequences inclusive, be, and are hereby rezoned from LM, Light Manufacturing District, to HM. Heavy Manufacturing District, as set forth in the Second Amended Petition filed in the Office Map be changed in this respect. of the City Clerk on March 8, 2001, and that Sheet No. 321 of the Zone Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35256-040201. A RESOLUTION recognizing Melissa L. Williams as Roanoke Public Safety Telecommunicator of the Year 2001 in the City's E-911 Communications Center. 186 WHEREAS, the Director of Technology has instituted a program to recognize the services and contributions of an outstanding member of the E-911 Communications Center by designating an Employee of the Year; and WHEREAS, Melissa L. Williams is a Public Safety Telecommunicator who, since her employment with the City in 1995 has demonstrated her ability to perform by providing outstanding emergency responses to citzens of Roanoke; and WHEREAS, Ms. Williams has also demonstrated her dedication to the education and training of new personnel that enable employees to make sure that all calls for assistance are handled in a professional and expedient manner; and WHEREAS, Ms. Williams has been selected as Public Safety Telecommunicator of the Year 2001. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this means of recognizing and commending the outstanding services rendered to the City by Melissa L. Williams, Public Safety Telecommunicator. resolution to Melissa L. Williams. The City Clerk is directed to forward an attested copy of this Mary F. Parker City Clerk Ralph K. Smith Mayor 187 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35257-040201. 2001-2002 conditions. A RESOLUTION approving the Roanoke Regional Airport Commission's proposed operating and capital budget upon certain terms and BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2001-2002 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 14, 2001. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35258-040201. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 188 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_r)ro~)riations Fifth District Employment & Training Consortium Workforce Investment Act (WIA) (1-11) ..................... $ 4,305,084.00 50,000.00 Revenues Fifth District Employment & Training Consortium Workforce Investment Act (WIA) (12) ....................... $ 4,305,084.00 50,000.00 1) Wages (034-633-2193-8350) $ 18,375.00 2) Fringes (034-633-2193-8351) 4,782.00 3) Travel (034-633-2193-8352) 938.00 4) Communication (034-633-2193-8353) 625.00 5) Supplies (034-633-2193-8355) 343.00 6) Insurance (034-633-2193-8356) 875.00 7) Miscellaneous (034-633-2193-8360) 312.00 8) Participant Support (034-633-2193-8461) 2,187.00 9) Retraining -Tuition (034-633-2193-8500) 938.00 10) Retraining - OJT (034-633-2193-8501) 13,125.00 11) Subsidized Wages (034-633-2193-8502) 7,500.00 12) Workforce Investment Act (034-633-2193-2193) 50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 189 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35259-040201. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 36,300.00 Library of Virginia Grant (1) ................................. 13,300.00 Revenues Parks, Recreation and Cultural $ 36,300.00 Library of Virginia Grant (2) ................................. 13,300.00 1) Expendable Equipment (<$5,000) 2) State Grant Receipts (035-650-9739-2035) (035-650-9739-9739) $13,300.00 13,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: O Mary F. Parker Ralph K. Smith City Clerk Mayor 190 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35260-040201. A RESOLUTION accepting the Library of Virginia Grant to the Roanoke Public Library to renovate and furnish a room in the main Library for use as a computer lab. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts a Library of Virginia Grant in the amount of $13,300.00 to be used to renovate and furnish a room in the Main Library for use as a computer lab, in support of the grants previously received from the Bill and Melinda Gates Foundation for computer equipment, as more particularly set forth in the April 2, 2001, letter of the City Manager to this Council. 2. The City Manager is authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional connection with the City's acceptance of this grant. ATTEST: City Clerk information as may be required in Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35261-040201. A RESOLUTION authorizing the execution of a subgrant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for the development of the Fifth Street Gateway Project. 191 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a subgrant agreement, and any necessary amendments thereto, if necessary, with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for the development of the Fifth Street Gateway Project, within the limits of funds as more particularly set forth in the City Manager's report and attachment, dated April 2, 2001. thereto, shall be approved by the City Attorney. The form of said agreement, and any necessary amendments ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35262-040201. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Water, Sewage Treatment, and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Water, Sewage Treatment, and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 192 Water Fund A~_~roDriations Capital Outlay $ HOPE VI Infrastructure Improvements (1) ............... Retained Earnings Retained Earnings Available for Appropriation (2) .......... $ Sewage Treatment Fund Appropriations Capital Outlay $ HOPE VI Infrastructure Improvements (3) ................ Retained Earnings Retained Earnings Available for Appropriation (4) ........... $ Capital Projects Fund A_~r~ropriations General Government HOPE VI Infrastructure Improvements (5) ................ Revenues Nonoperating Transfers from Other Funds (6) ........................ 1) Appropriated from General Revenue 2) Retained Earnings Available for Appropriation 3) Appropriated from General Revenue 4) Retained Earnings Available for Appropriation (002 -410-9627-9003) (002-3348) (003-410-9628-9003) (003-3348) 1,777,415.00 138,000.00 4,738,000.00 59,935,767.00 109,000.00 2,274,400.00 $ 16,252,460.00 100,000.00 $ 3,790,318.00 3,689,318.00 $138,000.00 (138,000.00) $109,000.00 (109,000.00) 193 5) Appropriated from General Revenue 6) Transfer from General Fund (008-410-9626-9003) (008-110-1234-1037) 100,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35263-040201. A RESOLUTION authorizing the appropriate City officials to enter into a 2000-2001 Agreement with the City of Roanoke Redevelopment and Housing Authority, providing funding for infrastructure improvements associated with the Lincoln 2000 HOPE VI Community Revitalization Program Project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute, seal and attest, respectively, on behalf of the City, a 2000-2001 Agreement with the City of Roanoke Redevelopment and Housing Authority, providing funding for infrastructure improvementsassociated with the Lincoln 2000 HOPE VI Community Revitalization Program Project, approved as to form by the City Attorney, within the limits of fund and for the purposes as are more particularly set forth in the City Manager's letter to this Council dated April 2, 2001. ATTEST: Mary F. Par er City Clerk Ralph K. Smith Mayor 194 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35264-040201. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Flood Reduction Roanoke River Flood Reduction (1) ........................ $14,880,118.00 5,862,868.00 Revenues Nonoperating Transfers from Other Funds (2) .......................... $ 4,414,318.00 4,198,818.00 1) Appropriated from General Revenue 2) Transfer from General Fund (008-056~620-9003) (008-110-1234-1037) $ 624,000.00 624,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35265-040201. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development RClT Entrance Sign (1) .................................... Foot Levelers, Inc. Infrastructure Project (2) .................. $ 20,542,565.00 83,215.00 34,790.OO Capital Improvement Reserve $ 3,923,906.00 Capital Improvement Reserve (3) ............................ 324,687.00 1) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Buildings and Structures (008-052 -9680-9003) (008-310-9686-9003) (008-052-9575-9173) $ (7,300.00) 34,790.00 (27,490.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2001. No. 35266-040201. AN ORDINANCE providing that the City of Roanoke will appropriate an amount up to $34,790 to the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for the purposes of promoting economic development in the City of Roanoke and the Roanoke Valley in order to fund the grant that the IDA intends to make to Foot Levelers, Inc., and authorizing the proper City officials to execute appropriate documentation among the City of Roanoke, the IDA, and Foot Levelers, Inc., that provides for an expansion project by Foot Levelers that will result in an investment and retention of jobs within the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City will appropriate an amount up to $34,790 to the Industrial Development Authority of the City of Roanoke, Virginia, for the purposes of providing economic development in the City and the Roanoke Valley in order to fund the grant that the IDA intends to make to Foot Levelers, Inc., upon certain terms and conditions, all as more fully set forth in the letter to this Council dated April 2, 2001. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, appropriate documentation among the City, the IDA, and Foot Levelers, Inc., upon certain terms and conditions as set forth in the letter to this Council dated April 2, 2001, said documents to be in a form approved by the City Attorney, and which will provide for the use of such funds for the Foot Levelers' expansion project that will result in an investment and retention of jobs within the City of Roanoke and will promote economic development. 3. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation and administration of the above mentioned grant. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 197 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35267-040201. A RESOLUTION designating the former Norfolk Southern passenger rail station located on Shenandoah Avenue across from the Hotel Roanoke as the official depot for light rail service. WHEREAS, this Council appointed the Passenger Rail Service Committee ("Committee") to study the renovation and expansion of the former Norfolk Southern passenger rail station for use as the official depot in the City of Roanoke for receiving such passenger rail service, as well as other issues related to returning passenger rail service through Roanoke; and WHEREAS, the Committee has recommended that the former Norfolk Southern passenger rail station on Shenandoah Avenue across from the Hotel Roanoke be officially designated as the site of any future passenger rail depot for the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the former Norfolk Southern Passenger Rail Station located on Shenandoah Avenue across from the Hotel Roanoke is hereby designated as the official depot for passenger rail service through the City. Mary F. Parker City Clerk ~~,_~ ~~Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35268-040201. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Airport Road Signalization Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. 198 BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the signalization of the two intersections of Airport Road at Towne Square Boulevard and Airport Road at Municipal Drive, NW, the City wants and needs certain property rights across property bearing Roanoke City Tax Nos. 6630101, 6640106, 6640107, 6640112, 6640120, 6640121, 2191103, 2191102, 2191101, and Roanoke County Tax Nos. 38.14-1-8, 38.14-1-9. 38.14-1-10 and 38.14-111, as set forth in the report and attachment thereto of the Water Resources Committee dated March 19, 2001. The proper City officials are authorized to acquire these property rights for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of the property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property rights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisals, title reports, preparation of necessary documents and recordation costs, shall not exceed $120,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the landowners as to the compensation to be paid for acquisition of such property rights, or other terms of purchase or settlement, or should the owners be persons under a disability lacking capacity to convey said property rights, or should the whereabouts of the owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 199 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35269-040201. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 16, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, April 16, 2001, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to 2:00 p.m. 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to April 2001. ATTEST: Mary F. Parker City Clerk ~1 16, Ralph K. Smith Mayor 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35270-040201. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 21, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, May 21, 2001, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to 2:00 p.m. 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to May 21, 2001. ATTEST: Mary F. City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2001. No. 35271-040201. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, June 18, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 201 1. The time of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, June 18, 2001, in City Council Chambers at 215 Church Avenue, S. W., is hereby to changed 2:00 p.m. 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to June 18, 2001. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35272-041601. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2001-2002, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2001-2002, in the amount of $8,323,525 is hereby approved, all as more particularly set forth in the report to this Council dated March 29, 2001, from John R. Hubbard, P. E., Chief Executive Officer of the Roanoke Valley Resource Authority. Mary F. Parker City Parker ~~Ralph K Smith Mayor 202 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35273-041601. AN ORDINANCE amending and reordaining Sec. 35-1, Rules and regulations for operation of water department, of Division I, Generally, of Article I, In General; Sec. 35-14, Application of article; definition, Sec. 35-15, Violations of article, Sec. 35-16, Designation and use of restricted area, Sec. 35-17, Designation and general use of recreational area, Sec. 35-19, Commercial activities, Sec. 35-20, Entering or remaining in watershed area prohibited during certain hours, Sec. 35-22, Fishing, Sec. 35-23, Swimming prohibited, Sec. 35-24, Picnicking, Sec. 35-25, Fires generally, Sec. 35-26, Smoking or liahting flame on pier, Sec. 35-27, Littering, Sec. 35-28, Domestic animals not to run at lar.qe, and Sec. 35-30, Possession or discharge of firearms, of Division 1, Generally, of Article II, Carvins Cove Area; Sec. 35-42, Generally, Sec. 35-43, City not responsible for boats, Sec. 35-44, Boat permits and certificates, Sec. 35-46, Limitation on length of boat and size of motor, Sec. 35-47, Metal boats to have adequate air chambers, Sec. 35-50, Mooring: dockaae sDace, and Sec. 35-56, Operation of boat at night, of Division 2, Boating, of Article II, Carvins Cove Area; adding a new section to be entitled Sec. 35-29, Hiking. bikin~ and horseback riding, of Division 1, Generally, of Article II, Carvins Cove Area; and repealing Sec. 35-57, S;)ecial boatin~ ;)rivileqes, of Division 2, Boatina, of Article II, Carvins Cove Area, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, to provide for the renaming of the Carvins Cove area, to permit additional uses of the Carvins Cove area, to regulate such uses to ensure the protection of the potable water supply for the general public's health, safety and welfare; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 35-1, Rules and regulations for operation of water department, of Division I, Generally, of Article I, In General; Sec. 35-14, Application of article; definition, Sec. 35-15, Violations of article, Sec. 35-16, Designation and use of restricted area, Sec. 35-17, Designation and _~eneral use of recreational area, Sec. 35-19, Commercial activities, Sec. 35-20, Entering or remaining in watershed area prohibited during certain hours, Sec. 35-22, Fishing, Sec. 35-23, Swimming prohibited, Sec. 35-24, Picnicking, Sec. 35-25, Fires generally, Sec. 35-26, Smoking or lighting flame on pier, Sec. 35-27, Littering, Sec. 35-28, Domestic animals not to run at large, and Sec. 35-30, Possession or discharge of firearms, of Division 1, Generally, of Article II, Carvins Cove Area; Sec. 35-42, Generally, Sec. 35-43, City not responsible for boats, Sec. 35-44, Boat permits and certificates, Sec. 35-46, Limitation on length of boat and size of motor, Sec. 35-47, Metal boats to have adequate air chambers, Sec. 35-50, Mooring: dockaQe space, and Sec. 35-56, Operation of boat at night, of Division 2, Boating, of Article II, Carvins Cove Area; 203 adding a new section to be entitled Sec. 35-29, Hiking, bikin.q and horseback ridin_~, of Division 1, Generally, of Article II, Carvins Cove Area; and repealing Sec. 35-57, Special boatin_~ r~rivileqes, of Division 2, Boatin_~, of Article II, Carvins Cove Area, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, are amended and reordained to read and provide as follows: ARTICLE I. IN GENERAL Sec. 35-1. Rules and regulations for operation of water division. Rules and regulations governing the operation of the city's water division shall be established by resolution of the city council. ARTICLE II. CARVlNS COVE NATURAL RESERVE DIVISION 1. GENERALLY Sec. 35-14. Application of article; definition. (a) The provisions of this article shall apply to the Carvins Cove Natural Reserve, subject to the rights reserved to the city and the restrictions placed on the city in the Grant of Easement dated September 17, 1998, between the City of Roanoke and the United States of America to provide for a portion of the Appalachian National Scenic Trail. (b) Unless indicated to the contrary, the term "Carvins Cove Natural Reserve," as used in this article, shall mean all of the land, and land under water, owned by the city, situated partly in the County of Roanoke and partly in the County of Botetourt, and extending beyond the watershed of Carvins Creek, containing approximately twelve thousand (12,000) acres. Sec. 35-15. Violations of article. Any person who shall violate any of the provisions of this article shall be guilty of a Class 2 misdemeanor, unless otherwise indicated. In addition to any fine imposed for any violation, all permits issued to such person under the provisions of this article shall be forfeited, and such person shall be required to obtain new permits before again enjoying the recreational privileges of the Carvins Cove Natural Reserve. 204 Sec. 35-16. Designation and use of restricted area. That part of the Carvins Cove Natural Reserve situated immediately above and within approximately five hundred (500) feet of the dam, including land and water, shall be a permanent restricted area and the boundaries thereof suitably marked. These boundaries may be reasonably extended or contracted, from time to time, in the discretion of the city manager. The establishment of this restricted area is for the specific purpose of safeguarding the city's water supply. However, the dam may be visited by persons on foot only for the purpose of obtaining general views of the dam and adjoining area. Employees of the city, when engaged in the performance of their duties, may visit the restricted area at any time. Sec. 35-17. Designation and general use of recreational area. (a) That part of the Carvins Cove Natural Reserve beyond the restricted area, as defined in section 35-16, is hereby designated as a recreational area, to be enjoyed by the general public under the supervision of the city manager, and in accordance with the rules and regulations contained in this article. The recreational area shall be visited and departed from via Virginia state routes designated as Nos. 648 and 740 (via Bennett Spring). Sec. 35-18. Temporary suspension. (a) All recreational privileges permitted in the Carvins Cove Natural Reserve may be temporarily discontinued by the city manager to preserve the safety of the water supply; or (b) Whenever climatic or other conditions cause the Carvins Cove Natural Reserve, or any part thereof, to become hazardous for recreational purposes in the opinion of the city manager, the city manager may close the area, or the part thereof rendered hazardous, until such hazardous conditions terminate or are abated. Sec. 35-19. Commercial activities. No person shall engage in any commercial (for profit) activity within the Carvins Cove Natural Reserve. 205 Sec. 35-20. Entering or remaining in watershed area prohibited during certain hours. (a) No person shall go upon, or remain upon, any part of the Carvins Cove Natural Reserve between 10:00 p.m. and 6:00 a.m. from April 1 through October 31 of any calendar year, and no person shall go upon, or remain upon, any part of the Carvins Cove Natural Reserve between 7:00 p.m. and 8:00 a.m. from November 1 through March 31 of any calendar year. (b) This section shall not apply to city employees when engaged in the performance of their duties. Sec. 35-21. Contamination, etc., of watershed area. No person shall endanger, contaminate or pollute the Carvins Cove National Reserve. Sec. 35-22. Fishing. (a) It shall be lawful for all persons who comply with this article and the laws of the state to fish within the Carvins Cove Natural Reserve between 6:30 a.m. and 9:30 p.m. from April 1 through October 31 of any calendar year, and 8:30 a.m. and 6:30 p.m. from November 1 through March 31 of any calendar year, without paying any fee to the city for the privilege of fishing during those hours. (b) Fishing shall be permitted in the Carvins Cove Natural Reserve from boats, from the shore and, when established, from fishing piers, but not from boat piers or within the boat docks. No fish, of any kind, taken from the waters of the area shall be sold or bartered. (c) No aquatic bait, including but not limited to minnows or other fish, crayfish or frogs, shall be used in fishing in the Carvins Cove Natural Reserve. No aquatic bait containers shall be in the possession of any person in the Carvins Cove Natural Reserve. Sec. 35-23. Swimming prohibited. It shall be unlawful for any person to swim, wade or bathe in the reservoir, or in any stream flowing into the reservoir within the Carvins Cove Natural Reserve. 206 Sec. 35-24. Picnicking. Picnicking shall be permitted in designated areas only. Sec. 35-25. Fires generally. No person shall light any fire within the Carvins Cove Natural Reserve, except charcoal fires may be lit in charcoal grills provided by the city for such purpose. Sec. 35-26. Smokin~ or li~htinq flame on pier. No person shall smoke or light any flame on a boat pier in the Carvins Cove Natural Reserve. Sec. 35-27. Littering. No person shall deposit or leave any garbage, rubbish or trash in the Carvins Cove Natural Reserve, except in receptacles provided therefor. Sec. 35-28. Domestic animals not to run at large. It shall be unlawful for any person to permit any dog or other domestic animal owned by him or under his control to run at large within the Carvins Cove Natural Reserve. Sec. 35-30. Possession or discharge of firearms. No person shall enter or remain upon any portion of the Carvins Cove Natural Reserve while in possession of firearms; nor shall any person discharge any firearm within the area, except when authorized by the city manager for the purpose of controlling an animal population which threatens the quality of the water supply. DIVISION 2. BOATING Sec. 35-42. Generally. Boating shall be permitted on the reservoir whenever the area is open for recreational purposes within the limits set forth in the provisions of this division. 207 Sec. 35-43. City not responsible for boats. The city shall not be liable, in any manner, for the safety of boats placed in the reservoir or left in the Carvins Cove Natural Reserve, nor for their theft or damage. Sec. 35-44. Boat permits and certificates. (a) No person shall place a boat upon the reservoir, either for regular or temporary use, without first securing a permit for such boat from the city manager. Application for such permit shall be filed on a form provided for the purpose. Such application shall be accompanied by a permit fee in such amount as is prescribed by the city council. Permits shall be issued only for boats owned by residents of the City of Roanoke, City of Salem, Town of Vinton, Roanoke County, Bedford County or Botetourt County. Applicants for permits may be required to provide proof of residency and to certify that the boat for which the permit is applied has not been in any waters other than Carvins Cove Natural Reserve in the twenty-one (21) days immediately preceding the proposed launching at the Carvins Cove Natural Reserve. (c) When in the Carvins Cove Natural Reserve, persons in actual charge of boats shall have their permits available at all times for inspection. (d) The city manager maywaive or modify the requirements of this section for boats operated by the city or by any state or federal agency. Sec. 35-46. Limitation on length of boat and size of motor. (a) It shall be unlawful for any person to operate on the reservoir any boat exceeding twenty (20) feet in length or any boat powered by a gasoline boat motor exceeding ten (10) horsepower. (b) This section shall not applyto boats operated by city, state or federal employees when such employees are engaged in the performance of their duties.. 208 Sec. 35-47. Metal boats to have adequate air chambers. No metal boat without air chambers adequate for flotation of such boat in the event of capsizing shall be brought on the reservoir at any time. Sec. 35-50. Moorin9. (a) No boat shall be left or allowed to remain in the Carvins Cove Natural Reserve overnight. (b) All boats moored or tied up at piers shall be secured in such a manner as will prevent them from striking or damaging other boats or property. Sec. 35-56. Operation of boat at night. Any person may use, occupy or operate any boat on the waters of the reservoir between 6:30 a.m. and 9:30 p.m. from April 1 through October 31 of any calendar year, and 8:30 a.m. and 6:30 p.m. from November 1 through March 31 of any calendar year, in accordance with all other applicable local, state or federal laws or regulations. Employees of the city, when engaged in the performance of their duties may use, occupy or operate a boat on the water of the reservoir at any time. 2. Division I, Generally, of Article II of Chapter 35, Water, ofthe Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new section to read and provide as follows: Sec. 35-29. Hiking. biking and horseback riding. Hiking, biking, and horseback riding shall be permitted in only the areas designated by the City Manager for such activities. 3. Section 35-57, Special boating privileges, of Division 2, Boatin~l, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 209 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby with. Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35274-041601. AN ORDINANCE amending and reordaining §24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, by adding new subsections (a) and (b), to provide for possession or consumption of alcoholic beverages in Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1, Mill Mountain Park, Mountain View and First Union Plaza at Market Street, S.E., adjacent to the Market Square Walkway; amending the City's Fee Compendium to establish a fee in connection with the City's issuance of an Alcohol Permit and a requirement of posting a refundable deposit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildin~ls and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 210 Sec. 24-97. Possession or consumption of alcoholic beverages. (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in Section 4.1-100, Code of Virginia (1950), as amended. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park, Mountain View and First Union Plaza at Market Street, S.E., adjacent to the Market Square Walkway ("First Union Plaza"), hereinafter collectively referred to as the "designated park facilities," under the following conditions: (1) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities, shall apply to the city manager for an Alcohol Permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the Alcohol Permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the State Department of Alcoholic Beverage Control ("ABC Board"). The issuance of the City's Alcohol Permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the City's Alcohol Permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the City's Alcohol Permit; (2) Only section 501(c), nonprofit organizations, as that term is used and applied in Title 42 of the United States Code, may apply for the City's Alcohol Permit; (3) The applicant shall comply in all respects with all applicable rules, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board; 211 (4) (5) (6) (7) (8) (9) The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; No City Alcohol Permit shall be issued which shall allow the possession, consumption, distribution or sale of alcoholic beverages or after 10:00 p.m. of any day; At the time of application, the applicant shall produce written evidence, satisfactory to the city manager, of its status as a section 501(c) nonprofit organization and shall pay the fee for the City Alcohol Permit as set forth in the Fee Compendium as the same is amended from time to time by City Council; No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; Each applicant, other than the City of Roanoke Special Events Committee, shall obtain insurance of a type and for an amount acceptable to the Office of Risk Management for the City of Roanoke. The issuance of the City's Alcohol Permit shall be conditioned upon the applicant providing a copy of a certificate of insurance, evidencing appropriate and acceptable insurance, at the time of application; Each application shall be accompanied by a refundable deposit as set forth in the fee compendium as amended from time to time by City Council. The refundable deposit shall be for any clean-up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean-up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean-up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a City Alcohol Permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean-up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference; 212 (10) The fee for an Alcohol Permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be as set forth in the Fee Compendium as amended from time to time by the City Council; and (11) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fee of fifty dollars ($50.00) for an Alcohol Permit pursuant to §24-97(b)(10) of the Code of the City of Roanoke (1979), as amended, and the refundable deposit of five hundred dollars ($500.00) pursuant to §24-97(b)(9) of the Code of the City of Roanoke (1979), as amended. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee and deposit established by this Resolution shall remain in effect until amended by this Council. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Mayor 213 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35275-041601. AN ORDINANCE amending Section 7-2, Recovery of cost when city removes, repairs, or secures unsafe buildina_, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to provide for the recovery of costs when the city removes, repairs or secures buildings, walls, or other structures which might endanger the public health or safety; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 7-2, Recovery of cost when city removes, repairs, or secures unsafe buildinq, of Chapter 7, Buildinq Requlations, to read and provide as follows: Sec. 7-2. Removal, repair, or securement of structures; recovery of costs. (a) The City Manager may require owners of property within the City to remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the City. (b) The City Manager, through City employees or others hired for such purpose, may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the city, if the owner and lien holder of such property, after reasonable notice, and a reasonable time to do so, fail to remove, repair or secure the building, wall or other structure. For purposes of this section, repairs may include maintenance to the exterior of a building to prevent deterioration of the building or adjacent buildings when necessary to protect the public health or safety. (c) For the purposes of this section, reasonable notice shall include a written notice (i) sent by certified or registered mail, return receipt requested, to the last known address of the property owner, and (ii) published once a week for 214 two successive weeks in a newspaper having general circulation in the city. No action shall be taken by the City Manager to remove, repair or secure any building, wall or other structure for at least thirty (30) days following the later of the return of the receipt or newspaper publication. (e) In the event the City Manager removes, repairs or secures any building, wall or any other structure after complying with the notice provisions of this section, the costs or expenses thereof shall be chargeable to, and paid by, the owner of such property and may be collected by the city as taxes are collected. (f) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided by law. (g) The director of finance, when in his discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Mary F. Parker City Clerk Ralph K. Smith Mayor 215 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35276-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Cunningham Associates, Inc., for the provision of playground equipment and surfacing for nineteen (19) City parks, upon terms and conditions, and rejecting other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Cunningham Associates, Inc., being the most lowest responsive bid received for the provision of playground equipment and surfacing for nineteen (19) City parks, for the total cost of $636,515.20, as more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a unit price contract with Cunningham Associates, Inc., upon form approved by the City Attorney, for the equipment and work listed above, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. 3. Any and all other bids made to the City for the aforesaid equipment and work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's appreciation for such bid. Mary F. Parker City Clerk Mayor 216 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35277-041601. A RESOLUTION accepting the bid of Kane's Communication System's, Inc., for the purchase of portable radios and accessories for the City Sheriff's Office and Jail, upon certain terms and conditions, and rejecting all other bids made as follows: BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Kane's Communication Systems, Inc., for the purchase of portable radios and accessories as set forth in the City Manager's letter to Council dated April 16, 2001, at a total cost of $165,701.11 is hereby ACCEPTED. 2. The City's Purchasing Manager is hereby authorized and directed to issue the necessary purchase order for the purchase of portable radios and accessories, and the City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid portable radios and accessories, such agreements to be in such form as shall be approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items or alternate items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. Mary F. Parker Ralph K. Smith City Clerk Mayor 217 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35378-041601. A RESOLUTION rejecting all bids to provide long distance network service. BE IT RESOLVED by the Council of the City of Roanoke: 1. All bids received by the City and on file in the Purchasing Department for long distance network service are hereby REJECTED. each the City's appreciation for such bids. Mary F. Parker City Clerk The City Clerk is directed to notify all bidders and to express to Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35279-041601. A RESOLUTION authorizing the purchase of certain services for long distance network service by utilizing the Commonwealth of Virginia's contract with a certain vendor; and authorizing the proper City officials to execute the requisite agreements for such service. BE IT RESOLVED by the Council of the City of Roanoike that: 218 1. The purchase of long distance network service, COVANET, under state-awarded contract from MCI Worldcom through the State Department of Information Technology (DIT) is hereby authorized on a month-to-month basis at current rates, as set forth in the City Manager's letter to Council dated April 16, 2001, at rates less than current rates, and at rates greater than current rates as long as the rates do not increase by more than five (5) percent. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite forms and agreements with the Department of Information Technology, such agreements to be in such form as is approved by the City Attorney. ~ . Mary F. Parker Ralph K Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35280-041601. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 219 GENERAL FUND Appropriations Public Works $24,203,320.00 Traffic Engineering(l) ....................................... 1,549,151.00 Nondepartmental $66,232,143.00 Transfers to Other Funds (2) ................................. 66,769,012.00 Fund Balance Reserved for CMERP - City (3) ................................ $1,653,811.00 CAPITAL PROJECTS FUND Appropriations Streets and Bridges $26,285,931.00 Peters Creek Road Street Lighting (4) ......................... 60,000.00 Revenues Nonoperating $ 3,784,818.00 Transfers from Other Funds (5) .............................. 3,784,818.00 (1) Maintenance - General Fund (2) Transfers to Capital Projects Fund (001-250-9310-9508) (3) Reserved for CMERP - City (001-3323) (4) Appropriated from General Revenue (008-530-9771-9003) (5) Transfer from General Fund (008-110-1234-1037) (001-530-4160-3050) $ 37,200.00 60,000.00 (97,200.00) 60,000.00 60,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk =~.~_~ ~/~Ralph K Smith Mayor 220 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35281-041601. AN ORDINANCE amending Chapter 2, Administration, Article XlV, Authorities, Boards, Commissions and Committees Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by repealing §2- 302, City Investment Committee; and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article XlV, Authorities, Boards, Commissions and Committees - Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, is hereby amended by repealing §2- 302, City Investment Committee, and such section is hereby REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35282-041601. AN ORDINANCE amending Chapter 2, Administration., Article XlV, Authorities, Boards, Commissions and Committees Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by repealing §2-300, Water Resources Committee; and providing for an emergency. 221 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article XlV, Authorities, Boards, Commissions and Committees -Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, is hereby amended by repealing §2-300, Water Resources Committee, and such section is hereby REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in ful force and effect upon its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35283-041601. AN ORDINANCE amending Article II, Procedure for Election of School Trustees, of Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, by repealing subsection (a) of §9-19, Preliminary screening of candidates, to eliminate the requirement of holding a public reception for School Board applicants, and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Article II, Procedure for Election of School Trustees, of Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, is hereby amended by repealing subsection (a) of §9-19, Preliminary screening of candidates, and such section shall read and provide as follows: 222 §9-19. Preliminary screening of candidates. On or before March 31 of each year, the council, as a committee of the whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee. At such meeting, the council shall review all applications filed in accordance with this article for the position of school trustee, and the council may elect to interview candidates for such position. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35284-041601. A RESOLUTION discontinuing certain Council-appointed commissions and committees, and appointments by Council to certain committees. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Economic Development Commission established by Resolution No. 26308, adopted on December 13, 1982, is here by discontinued, and such resolution is hereby REPEALED. 223 2. The Revenue Study Commission established by Resolution No. 19768, adopted July 6, 1971, is here by discontinued, and such resolution is hereby REPEALED. 3. The following committees are hereby discontinued: City Taxes Committee Downtown Housing Task Force Metropolitan Transportation Planning Commission Bid Specifications Committee. District Study 4. City Council hereby discontinues the practice of appointing City representatives to the following: Roanoke Valley Cooperative Study Committee Upper Roanoke River Sub-Area Advisory Committee Center in the Square Board of Directors.. Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35285-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 224 1. The bid of Lanford Brothers Company, Incorporated, being the only bid received for making various repairs to four bridges within the City for the amount of $151,526.24, as more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a unit price contract with Lanford Brothers Company, Incorporated, upon form approved by the City Attorney, for the work listed above, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35386-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Breakell, Inc., for ballfield improvements at Wasena Park - Field 2 and Fallon Park, upon terms and conditions, and rejecting other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Breakell, Inc., being the lowest responsive bid received for ballfield improvements at Wasena Park - Field 2 and Fallon Park, for the total cost of $135,187.00, as more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a unit price contract with Breakell, Inc., upon form approved by the City Attorney, for the work listed above, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. 225 3. Any and all other bids made to the City for the aforesaid equipment and work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's apprec ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35287-041601. A RESOLUTION confirming the City Manager's appointment of Roland A. Johnson as Assistant City Manager. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby confirms the City Manager's appointment communicated to Council by the ATTEST: City Manager's report dated April 16, 2001, of Rolanda A. Johnson as Assistant Ci Manager, pursuant to §7 of the City Charter, effective May 1, 2001. Mary F. Parker City Clerk Ralph K. Smith Mayor 226 -- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35288-041601. A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 7, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, May 7, 2001, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to commence at 12:00 Noon, in the Grand Ballroom, Clarion Airport Roanoke, at 2727 Ferndale Drive, N.W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chamber of the Noel C. Taylor Municipal building, at 215 Church Avenue, S.W., in the City. 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to May 7, 2001a j Mary F. Parker · Ralph K. Smith City Clerk Mayor 227 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35289-041601. AN ORDINANCE amending and reordaining §36.1-250, Special exception uses, by adding new subsection (9); and §36.1-270, Permitted uses, by adding new subsections (10) and (11), of Division 4, Industrial Districts, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing District; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-250, Special exception uses, and §36.1-270, Permitted uses, of Division 4, Industrial Districts, of Article III, District Regulations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended,are hereby amended and reordained to read and provide as follows: Sec. 36.1-250. Special exception uses. The following uses may be permitted in the LM district by special exception granted by the board of zoning appeals subject to the requirements of this section: (9) Establishments engaged solely in the rental of automobiles, or the provision of a driver and an automobile on a short-term basis, provided all repair and maintenance of such automobiles available for rental occurs wholly within a building, and there is no sale, or display for sale, of any automobiles at the establishment. 228 Sec. 36.1-270. Permitted uses. The following uses shall be permitted as principal uses in the HM district: (10) Establishments engaged solely in the rental of automobiles, or the provision of a driver and an automobile on a short-term basis, provided all repair and maintenance of such automobiles available for rental occurs wholly within a building, and there is no sale, or display for sale, of any automobiles at the establishment. (11) General service establishments primarily engaged in the repair or maintenance of goods or items, including automobiles, trucks, construction equipment, and the provision of business services, provided that all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35290-041601. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. 229 WHEREAS, Roanoke Valley SPCA and Sandra L. Overstreet filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on April 16, 2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain undeveloped portion of Edmund Avenue, N.E., lying adjacent to Official Tax Nos. 3210616 through 3210620, inclusive, and the undeveloped portion of an alley lying adjacent to Official Tax Nos. 3210701 through 3210708, inclusive, such alley being parallel to and between Edmund Avenue and Baldwin Avenue, N.E., be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, 230 fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, designating the land within the vacated right-of-way on said subdivision plat as a separate and individual non-buildable lot, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. 231 BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35291-041601. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 647, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance. WHEREAS, Commonwealth Development Group of Roanoke, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-Family District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on April 16, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 232 - WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 647 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Five contiguous tracts of land at and near the southeastern side of Highland Farm Road and the southeasterly terminus of Tuckawana Circle, bearing Official Tax Nos. 6472004, 6472005, 6472006, 6472007 and 6472008, respectively, be, and are hereby rezoned from RM-2, Residential Multi-Family District, to HM, Heavy Manufacturing District, as set forth in the First Amended Petition filed in the Office of the City Clerk on February 5, 2001, and that Sheet No. 647 of the Zone Map be changed in this respect. second reading of this ordinance by title is hereby Pursuant to the provisions of Section 12 of the City Charter, the dispens; Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35292-041601. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. 233 WHEREAS, City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on April 16, 2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain variable length and width portion of Albemarle, S.E., which lies west of Williamson Road, S.E., identified as "Existing Public Street Right of Way to Be Vacated" on the survey plat dated November 30, 2000, prepared by the office of the City Engineer, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement 234 which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the City Manager is authorized to execute, and the City Clerk is authorized to attest, any and all plats, deeds or documents, approved as to form bythe CityAttorney, necessaryto transfer whatever right or rights of ownership the City of Roanoke has in the subject right-of-way to adjacent property owners and to accept the property referenced in the petition filed in this case. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. 235 BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: O Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35293-041601. A RESOLUTION authorizing the issuance of twelve million dollars ($12,000,000) principal amount of general obligations of the City of Roanoke, Virginia, in the form of general obligation public improvement bonds of such City, the proceeds of which are to be granted by such City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment project; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $12,000,000 principal amount of general obligations of the City in the form of General Obligation Public Improvement Bonds of the City, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority (the "Authority") for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City, know as the 236 South Jefferson Redevelopment Project (the "Project"), and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of providing funds to be granted by the City to the Authority for the purpose of assisting the Authority in paying a portion of the costs of the Project, the City is authorized to contract a debt and to issue Twelve Million Dollars ($12,000,000) principal amount of general obligation bonds of the Cityto be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be approved by subsequent resolution of this Council. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place 237 or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior 238 - to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. (d) The execution and authentication ofthe Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or 239 exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made bythe Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements orfor maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. 240 (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. (a) The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement, a Detailed Notice of Sale and an Official Bid Form relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to 241 comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES No.R- $. MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: 770077 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, 242 in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of ,m . Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to be granted by the City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment Project, and is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates Redemption Prices (Both Dates Inclusive) (Percentages of Principal Amount) to to and thereafter 243 If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable bythe Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and 244 premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the c;ty. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the (SEAL) ATTEST: day of ,200_. ~~,. ~' Mayor City Clerk City Treasurer CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned proceedings. [ ], as Registrar By: Authorized Signatory Date of Authentication: 245 ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed Signature of Registered Owner) NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exhangee, Inc. or a commercial bank or trust company. NOTE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 9. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the Director of Finance. If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. There shall also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, '1950. The provisions of Sections 2 and 6 shall apply to such Notes to the 246 - same extent the same apply to the Bonds except, in the case of the provisions of Section 2, onlyto the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such Notes and the form and other details thereof shall be approved, ratified and confirmed by subsequent resolution of this Council. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealS. ~~ ~ ~.,,j~. j ATTEST: Mary F. Parker ~' Ral City Clerk Mayor 247 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35294-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Clean Sweep of the Roanoke Valley, Inc., for the provision of restroom cleaning services in City parks, upon certain terms and conditions, and rejecting all other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Clean Sweep of the Roanoke Valley, Inc., being the lowest responsible bid received for the provision of restroom cleaning services in City parks, such services being more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Clean Sweep of the Roanoke Valley, Inc., upon form approved by the City Attorney, for the services listed above for a period of one (1) year, at a cost of $65,425.00, with the option to renew for four (4) additional one-year periods, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. 3. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's appreciation for such bid. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35295-041601. AN ORDINANCE to amend and reordain certain sectionsw of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Appropriations Streets and Bridges $26,375,931.00 Bridge Maintenance (1) ...................................... 1,058,650.00 Revenues Nonoperating $ 3,724,818.00 Transfers from Other Funds (2) ............................... 3,724,818.00 (1) Appropriated from General Revenue (2) Transfer from General Fund (008-052 -9549-9003) (008-110-1234-1037) $150,000.00 150,000.00 BE IT FURTHER ORDAINED that, an emergencyexisting, this Ordim shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 249 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35298-050701. AN ORDINANCE authorizing the proper City officials to enter into a License Agreement between the City of Roanoke and Arena Ventures, LLC, that will provide for use of the Civic Center Coliseum and certain related facilities by Arena Ventures to provide a certain number of National Basketball Development League (NBDL) games and a certain number of events produced by SFX Concerts, Inc., in the coliseum over a five year period and that will require the City to make certain improvements to the coliseum and to provide certain office space and other space to Arena Ventures for use during the term of the License Agreement; to authorize the payment to Arena Ventures of an entertainment acquisition fee and to authorize other financial arrangements in connection with the License Agreement with Arena Ventures; to authorize the City Manager to take such further action and execute such documents as may be reasonably necessary to provide for the implementation and administration of the License Agreement; authorizing the City Clerk to advertise a public hearing on the issuance of bonds; and dispensing with the second reading of this Ordinance. WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter after proper advertisement of such hearing, all as required by §§15.2- 1800, et seq., of the Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, a License Agreement between the City and Arena Ventures, LLC, upon certain terms and conditions as set forth in the attachment to the City Manager's letter to this Council dated May 7, 2001. The License Agreement is to be in a form substantially similar to the one attached to such letter, in a form approved by the City Attorney, and subject to appropriation of necessary funds by Council. 2. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation and administration of such License Agreement. 250 - 3. By adoption of this Ordinance, City Council hereby expresses its intent to provide funds for the $3 million amount referred to in the License Agreement for capital improvements to the Roanoke Civic Center Facilities through the issuance of General Obligation Bonds under the Public Finance Act, without referendum, subject to final authorization for the issuance of the bonds after holding a public hearing thereon, and the adoption of an appropriate measure or measures. 4. Council hereby authorizes the payment of the entertainment acquisition fee referred to in the License Agreement in the amount of $250,000, payable over a period of three years, subject to the other terms of this Ordinance, and authorizes the City Manager and Director of Finance to take such action as may be necessary for payment of such fee. 5. Council further authorizes the financial arrangements set forth and described in the City Manager's letter and as set forth in more detail in the License Agreement attached to such letter, including the right of Arena Ventures to sell permanent display advertising, facility naming rights, luxury suites (if built), and personal seat licenses as described in such License Agreement and subject to the terms set forth therein. 6. Council further authorizes the City Manager to take such action as may be necessary to provide a performance security as referred to in such License Agreement. 7. The City Clerk is authorized to advertise for a public hearing to be held on June 4, 2001, or at such other time as the City Manager may deem appropriate, before City Council for the purpose of receiving citizen input on the issuance of $3 million in bonds under the Public Finance Act, §§15.2-2600, et seq., Code of Virginia (1950), as amended. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35299-050701. 251 AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay (1) ........................................... $3,537,222.00 RETAINED EARNINGS Retained Earnings -Available for Appropriation (2) ............... 171,819.00 (1) Vehicular Equipment (2) Retained Earnings - Available for Appropriation (017-440-2642-9010) (017-3348) $109,081.00 (109,081.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 252 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35300-050701. A RESOLUTION accepting bids made to the City for furnishing and delivering utility vehicles and pickup trucks upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Successful Bidder Quantity and Description Total Purchase Price Magic City Motor Corporation 3 utility vehicles $81,711.00 Magic City Motor Corporation 1 pickup truck $13,299.00 Magic City Motor Corporation 1 pickup truck w/tool boxes$14,071.00 2. The City's Manager of Purchasing is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said orders the City's specifications, the terms of bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35301-050701. AN ORDINANCE to amend and reordain certain sections 253 of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Economic Development $22,408,855.00 RCIT Infrastructure Extension (1) ............................ 3,220,765.00 Capital Improvement Reserve $ 3,055,616.00 Public Improvement Bonds Series 1999 (2) .................... 4,985,187.00 (1) Appropriated from Bonds Funds - Series 1999 (008-052-9632-9001) $ 868,500.00 (2) Economic Development (008-052-9709-9178) (868,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35302-050701. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Allegheny Construction Company, Inc. for the grading of Tract D at the Roanoke Centre for Industry and Technology; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 1 to the City's contract with Allegheny Construction Company, Inc. for the grading of Tract D at the Roanoke Centre for Industry and Technology, all as more fully set forth in the letter to this Council dated May 7, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $868,500 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35303-050701. 255 AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 11 to the City's contract with Thor, Incorporated for a change of the communication/data network system for the New Police Building Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 11 to the City's contract with Thor, Incorporated for a change of the communication/data network system for the New Police Building Project, all as more fully set forth in the letter to this Council dated May 7, 2001. 2. This Change Order will provide authorization for additions in the work amounting to $30,081, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 256 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35304-050701. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations Non-Departmental $66,312,691.00 Transfers to Other Funds (1) ............................... 66,849,565.00 Fund Balance Reserved for CMERP - City (2) ............................. $1,330,500.00 CAPITAL PROJECTS FUND Appropriations Flood Reduction $14,949,118.00 Corps of Engineers Mapping Project (3) ..................... 249,000.00 Revenues Nonoperating $ 5,107,318.00 Transfer from Other Funds (4) .............................. 5,107,318.00 257 (1) Transfer to Capital Projects Fund (2) Reserved for CMERP - City (3) Appropriated from General Revenue (4) Transfer from General Fund (001-250-9310-9508) (001-3323) (008-056-9654-9003) (008-110-1234-1037) $ 69,000.00 (69,000.00) 69,000.00 69,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35305-050701. A RESOLUTION authorizing the City Manager to enter into an agreement with the U.S. Army Corps of Engineers to provide Phase III Water Resources Planning - Digital Mapping products and services to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an agreement with the U.S. Army Corps of Engineers to provide Phase III Water Resources Planning - Digital Mapping products and services to the City under the Planning Assistance to States Program as described in the City. Manager's letter to this Council dated May 7, 2001. The City's share of the cost for these products and services to be $118,000.00. 258 2. The agreement shall contain such other terms and conditions deemed appropriate by the City Manager, and the form of the agreement shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35306-050701. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay $60,278,448.00 Water Pollution Control Plant - Additional Repairs (1-2) .........842,681.00 REVENUES Due from Other Governments (3-6) .......................... $ 214,861.00 259 RETAINED EARNINGS Retained Earnings Available for Appropriation (7) .............. $ 2,255,580,00 1) Appropriation from General Revenue 2) Appropriated from Other Governments 3) Due from City of Salem 4) Due from Roanoke County 5) Due from Botetourt County 6) Due from Town of Vinton 7) Retained Earnings Available for Appropriations (003-510-8360-9003) $127,820.00 (003-510-8360-8999) (003-1071) (003-1072) (003-1073) (003-1074) 214,861.00 71,620.00 100,063.00 23,988.00 19,190.00 (003-3348) (127,820.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35307-050701. A RESOLUTION authorizing a contract with Stearns & Wheler, LLC, for engineering design services for the preparation of a detailed preliminary engineering report regarding the current capacity of the City's Regional Water Pollution Control Plan, evaluation of current operations, recommendations of possible interim improvements to the existing treatment process, and certain other terms. 260 - BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Stearns & Wheler, LLC, in the amount of $342,681.00 for engineering design services for the preparation of a detailed preliminary engineering report regarding the current capacity of the City's Regional Water Pollution Control Plan, evaluation of current operations, recommendations of possible interim improvements to the existing treatment process, and certain other items as described in the City Manager's letter to this Council dated May 7, 2001. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the above letter to Council. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35308-050701. A RESOLUTION opposing the adoption of the proposed new National Fire Protection Association (NFPA) 1710 and 1720 standards. WHEREAS, the National Fire Protection Association (NFPA) is an international association of individuals and trade and professional organizations; and WHEREAS, the mission of NFPA is "to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating scientifically-based consensus codes and standards, research and education;" and 261 WHEREAS, NFPA has produced over 275 codes and standards that deal with every aspect of fire and life safety; and WHEREAS, NFPA is an internationally recognized authority in producing codes and standards dealing with fire and life safety; and WHEREAS, NFPA is currently proposing two new standards: NFPA 1710, Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments; and NFPA 1720, Organization and Deployment of Fire Suppression, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments; and WHEREAS, proposed NFPA standards 1710 and 1720 define minimum response times, minimum fire company staffing levels, initial full alarm response levels and extra alarm response levels; and WHEREAS, levels of service delivery for fire and emergency medical services (EMS) have always been determined by local jurisdictions; and WHEREAS, proposed NFPA standards 1710 and 1720 would impose onerous, unfunded mandates upon local governments to meet established response times and staffing levels, if adopted by NFPA with subsequent consideration taken by federal agencies, such as the Occupational Safety and Health Administration (OSHA) and insurance companies; and WHEREAS, the NFPA has clearly gone outside its authority in proposing these national minimum manning, response, and staffing standards; and WHEREAS, because NFPA codes and standards are voluntary and need to be adopted by local jurisdictions, these standards will be "the norm" because of the stature of NFPA in the development and promulgation of other codes and standards; and WHEREAS, these two proposed standards will be considered and voted on at the NFPA annual conference on May 16, 2001 in Anaheim, California; and WHEREAS, if adopted and issued, these proposed N FPA standards may force local governments to shift dollars from fire prevention programs to fire suppression activities, potentially increasing the risk of fire and the danger to local firefighters; and 262 WHEREAS, if adopted and issued, these proposed NFPA standards could force local governments to distribute fire and EMS resources in such a manner as to potentially lessen the effectiveness of those resources. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke opposes any attempt by the NFPA to adopt standards for staffing or minimum manning levels of fire, specialized, or emergency medical services vehicles controlled by units of local government. 2. The City of Roanoke opposes any attempt by the NFPA to adopt a standard dictating or affecting the response time of any fire, specialized, or emergency medical services vehicle. 3. The City Clerk shall send this resolution to the NFPA registering the City's opposition to proposed standards 1710 and 1720, which preempt local authority and creates a one-size-fits-all standard for our City and on all cities and towns. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35309-050701. 263 AN ORDINANCE amending §2-271, Powers and duties of commission, of Article XlII, Gifts, Grants, Devises and Bequests to City, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, in order to merge the City's Cultural Services Committee with the Roanoke Arts Commission; repealing §2-301.1, Cultural Services Committee, of Article XlV, Authorities, Boards, Commissions and Committees - Generally, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; providing for an emergency, and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section §2-271. Powers and duties of commission, Article Xlll, Gifts, Grants, Devises and Bequests to City, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2-271. Powers and duties of commission. The arts commission shall have the following powers and duties: (g) It shall, subject to administrative procedures promulgated by the City Manager, review applications or requests for funding made to the city by private cultural agencies; advise the council as to the merits of funding the programs of such agencies; recommend an allocation of funding to such agencies; and monitor and evaluate the programs of such agencies. 2. Section 2-301.1, Cultural Services Committee, of Article XlV, Authorities, Boards, Commissions and Committees - Generally, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 264 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35310-050701. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2001-2002 for the operation of the regional government and educational access stationmRoanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 2001- 2002 for the operation of RVTV and has requested that the City of Roanoke approve that budget; and WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; and WHEREAS, said jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $148,289.00, which is within the limits provided for in the agreement; and 265 WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget for Fiscal Year 2001-2002 for the operation of the regional government and regional educational access station, RVTV, as set forth in a letter to this Council dated May 7, 2001, is hereby approved. 2. The amount of $148,289.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2001-2002 as requested in the letter to this Council dated May 7, 2001. Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35311-050701. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 266 Appropriations Capital Outlay Crystal Spring Water Treatment Equipment (1) ................ Retained Earnings Retained Earnings - Available for Appropriation (2) ............ $ 2,097,478.00 320,063.00 $ 4,766,920.00 1) Appropriated from General Revenue (002-530-8398-9003) $ 320,063.00 2) Retained Earnings - Available for Appropriation (002-3348) (320,063.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35312-050701. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain moneys to be approPriated by the City for expenditures in connection with the Crystal Spring Water Treatment Plant Project; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 267 1. In accordance with U.S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of its general obligation public improvement bonds in a principal amount not to exceed $6,000,000 for certain moneys to be appropriated by the City from time to time for expenditures in connection with the Crystal Spring Water Treatment Plant Project (the "Project"), including, without limitation, the amount of $320,063.00 appropriated by an ordinance adopted contemporaneously herewith by the City Council on May 7, 2001, in connection with the awarding of a contract providing for pilot testing and detailed shop drawings for a proposed membrane filtration system at the Project. 2. The Council hereby determines that the appropriation authorized contemporaneously herewith is being made for a purpose for which the City is authorized to issue, and contemplated to be reimbursed from the proceeds of, general obligation public improvement bonds of the City. The maximum principal amount of debt expected to be issued for the Project is an amount not to exceed $6,000,000. 3. This is a declaration of official intent adopted pursuant to U.S. Treasury Regulations, Section 1.150-2. This official intent is being made not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 4. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, "2.1-340, et seq., Code of Virginia (1950), as amended. adoption. This Resolution shall be effective on and after the date of its Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35313-050701. AN ORDINANCE accepting the bid of U.S. Filter Wastewater Group, Inc. to provide pilot testing and detailed shop drawings for the proposed membrane filtration system at the Crystal Spring Water Treatment Plant, and to guarantee the price of the equipment to be subsequently supplied, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of U.S. Filter Wastewater Group, Inc. in the amount of $320,063.40 to provide pilot testing and detailed shop drawings for the proposed membrane filtration system at the Crystal Spring Water Treatment Plant, and to guarantee the price of the equipment to be subsequently supplied, as is more particularly set forth in the City Manager's letter dated May 7, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 269 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35314-050701. A RESOLUTION accepting the bid of Harris Office Furniture Co., Inc. for the purchase and installation of the office furniture and work stations for the New Police Building, upon certain terms and conditions and authorizing a purchase order therefor; and rejecting all other bids made to the City for such work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Harris Office Furniture Co., Inc. in the amount of $229,786.00 for the purchase and installation of the office furniture and work stations for the New Police Building, as is more particularly set forth in the City Manager's letter dated May 7, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract -documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City's Purchasing Manager is hereby authorized to issue the requisite purchase order and related documents therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and terms and provisions of this Resolution. 270 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED ATTEST: ~~ Mary F. Parke City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35315-050701. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 3,476,652.00 Parkway Standpipe Tank Painting (1) .......................... 154,000.00 Capital Outlay - Maintenance (2-3) ............................. 1,545,237.00 1) Appropriated from General Revenue 2) Water - Unidentified Plant Replacement (002-530-8399-9003) (002-510-2178-9026) 154,000.00 (44,000.00) 271 3) Water Maintenance - Painting (002-510-2178-9028) $(110,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE The 7th day of May, 2001. No. 35316-050701. CITY OF ROANOKE, VIRGINIA AN ORDINANCE accepting the bid of Corfu Contractors, Inc. to paint the exterior and interior of the 1,000,000 gallon Parkway standpipe potable water tank, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Corfu Contractors, Inc. in the amount of $147,500.00 to paint the exterior and interior of the 1,000,000 gallon Parkway standpipe potable water tank, as is more particularly set forth in the City Manager's letter dated May 7, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 272 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ~~ ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35317-050701. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 273 Appropriations Traffic Engineering $ 4,351,660.00 Hollins Road/Liberty Road Traffic Signal (1) .................. 110,000.00 Capital Improvement Reserve $ 2,945,616.00 Public Improvement Bonds Series 1999 (2) ................... 4,875,187.00 1) Appropriated from Bond Funds - Series 1999 (008-530-9578-9001) 2) Streets and Sidewalks (008-052-9709-9191) $ 110,000.00 (110,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinan shall be in effect from its passage. ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35318-050701. AN ORDINANCE accepting the bid of H. & S. Construction Company for the Improvements and Signalization at Hollins Road/Liberty Road Project which consists of turn' lanes, road widening, and signal foundations at Hollins Road and Liberty Road, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 274 1. The bid of H. & S. Construction Company, in the amount of $89,681.06 for the Improvements and Signalization at Hollins Road/Liberty Road Project which consists of turn lanes, road widening, and signal foundations at Hollins Road and Liberty Road, as is more particularly set forth in the City Manager's letter dated May 7, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35319-050701. 275 A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 2001-2002 to the United States Department of Housing and Urban Development (HUD) for review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a 5-Year Consolidated Plan, with Annual Updates, in order to receive Community Development Block Grant (CDBG) funding, HOME Investment Partnership(HOME) funding, and Emergency Shelter Grant (ESG) funding; WHEREAS, the current 5-Year Consolidated Plan for the City of Roanoke will expire on June 30, 2001; WHEREAS, citizen input has been received and considered on four occasions: January 11, March 29 and April 23, 2001, on the 5-Year Consolidated Plan; and WHEREAS, the Plan must be approved by this Council and received by HUD by May 15, 2001, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 5-Year Consolidated Plan to HUD for review and approval, and to execute the appropriate documents with HUD for receipt of such entitlement funds, said documents to be approved as to form by the City Attorney. ATTEST: ~/~~.~~ Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 276 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35321-050701. A RESOLUTION amending the City's Fee Compendium to provide for new and revised application, permit, inspection and plan review fees in order to update current fees and promote uniformity with fees charged by the City and surrounding localities. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for the following applications, permits and services: Building Code Board of Appeals Cases Permanent Certificate of Occupancy Temporary Certificate of Occupancy Cross-Connection $ 75.00 $ 30.00 $ 45.00 $ 50.00 per device Plan Review (a) One and two-family dwellings $ 25.00 (b) Buildings no more than two stories and: 1. 0 - 3,000 square feet 2. 3,001 to 12,000 square feet 3. 12,001 to 50,000 square feet 4. 50,001 or more total square feet $ 50.00 $ 75.00 $100.00 $125.00 (c) Buildings more than two stories and: 1. 0 - 12,000 total square feet 2. 12,001 to 50,000 total square feet 3. 50,001 or more total square feet $ 75.00 $100.00 $125.00 Re-Inspection Tradesman Examination $ 45.00 Deleted 277 2. The following fees shall be charged for building, electrical, fire suppression, heating/mechanical, plumbing, tank installation and removal permits: Valuation of Job Permit Fee $ 00.01 $1,000.00 $ 1,000.01 $ 2,000.00 $ 2,000.01 $ 3,000.00 $ 3,000.01 $ 4,000.00 $ 4,000.01 $ 5,000.00 $ 5,000.01 $ 250,000.00 $250,000.01 - $1,000,000.00 Over $1,000,000.00 $ 45.00 $ 60.00 $ 75.00 $ 85.00 $ 95.00 $ 95.00 + $5.00 per$1,000.00 over $5,000.00 $1,320.00 + $4.00 per $1,000.00 over $250,000.00 $4,320.00 + $3.00 per $1,000.00 over $1,000,000.00 Fees are to be established on one thousand dollar increments or any fraction thereof. 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees. 4. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 5. The fees established bythis Resolution shall remain in effect until amended by this Council. This Resolution shall be in full force and effect on July 1, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 278 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35322-050701. AN ORDINANCE amending and reordaining §20-33.1, Same- Requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing for an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: §20-33.1. Same-Requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation. (d) Every person receiving written notice from a police officer that he has violated this section may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment of a penalty in the amount of forty-three dollars ($43.00). Such penalty shall be paid to the city treasurer during the regular business hours ofthe office. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required license plate, tag or decal has been obtained. The city treasurer shall not be authorized to accept partial payment of the penalty due. (e) If this penalty is not paid within ten (10) days of the issuance by an officer of a notice of violation, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such a notice is sent may pay such penalty of fifty-three dollars ($53.00) and present satisfactory evidence that the required license plate, tag or decal has been obtained within five (5) days of receipt of such notice. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required decal has been obtained. The city treasurer shall not be authorized to accept partial payment of the penalty due. 279 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of September 1, 2001. ATTEST: Ma~~F.P~ar er~° ~ City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35323-050701. AN ORDINANCE amending and reordaining §20-89, Penalties for unlawful parking, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: §20-89. Penalties for unlawful parking. (b) Every person receiving written notice from a police officer that he has violated any of the sections of the preceding two (2) divisions of this chapter may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such 280 - violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: (1) A penalty often dollars ($10.00) may be paid for a violation of sections 20-65(except subsections (1), (2), (4), (5), (8), (9), (14) and (15) thereof), 20-70, 20-72, 20-73, or 20-75, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be twenty dollars ($20.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of twenty dollars ($20.00) within five (5) days of receipt of such notice. (2) A penalty of fifteen dollars ($15.00) may be paid for a violation of sections 20-65(14), 20-68, or 20-69 (except subsection (m)), if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be twenty-five dollars ($25.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of twenty-five dollars ($25.00) within five (5) days of receipt of such notice. (3) A penalty of twenty dollar ($20.00) may be paid for a violation of sections 20-65(1), 20-65(2), 20-65(5), 20-65(8), 20-65(9), 20-66, 20-67, or 20-71, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty dollars ($30.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections 281 to the violator. Any violator to whom such notice is sent may pay such penalty of thirty dollars ($30.00) within five (5) days of receipt of such notice. (4) A penalty of twenty-five ($25.00) may be paid for a violation of section 20-65(15) if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars ($35.00) within five (5) days of receipt of such notice. (5) A penalty of thirty-eight dollars ($38.00) may be paid for a violation of section 20-65(4) or 20-74, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be forty-eight dollars ($48.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of forty-eight dollars ($48.00) within five (5) days of receipt of such notice. (6) A penalty of one hundred twenty-five dollars ($125.00) may be paid for a violation of section 20-69(m), if paid within ten (10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred thirty-five dollars ($135.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred thirty-five dollars ($135.00) within five (5) days of notice of such receipt. (7) A penalty of one hundred twenty-five dollars ($125.00) may be paid for a violation of section 20-76, if paid within ten (10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred thirty-five dollars ($135.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's 282 office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred thirty-five dollars ($135.00) within five (5) days of notice of such receipt. (e) Every person tried and convicted of a violation of section 20-69 shall be fined not less than fifteen dollars ($15.00) and not more than one hundred thirty-five dollars ($135.00), inclusive of the penalty set forth above for a violation of this section. Unless ordered otherwise by the judge in whose court the violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. (f) Every person tried and convicted of a violation of any section of the preceding two (2) divisions of this chapter, except section 20- 69, shall be fined not more than two hundred dollars ($200.00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of September 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 283 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35324-050701. AN ORDINANCE amending and reordaining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.0085 per cigarette to $.0135 per cigarette; providing for an effective date of July 1, 2001, and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-190. Levied; amount. In addition to all other taxes of every kind now imposed by law, there is hereby levied and imposed by the City, upon each and every sale of cigarettes, a tax equivalent to $.0135 per cigarette (thirteen and one- half mills per cigarette) sold within the City, the amount of such tax to be paid by the seller in the manner and at the time prescribed in this Article. 2001. This ordinance shall be in full force and effect on and after July 1, 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 284 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35325-050701. AN ORDINANCE amending and reordaining §32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, to establish a new transient occupancy tax rate; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-240. Levied; rate. There is hereby imposed and levied on each and every transient a tax equivalent to seven (7) percent of the total amount paid for room rental by or for such transient to any hotel. 2. Where any hotel has entered in to a written contract prior to July 1, 2001, which contract provides for room rental to transients at a fixed price which includes all taxes, then each room rental under such contract shall be subject to a tax at the rate of six (6) percent of the total amount paid for such rental. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35326-050701. A RESOLUTION electing to provide the Enhanced Health Insurance Credit Program as provided in §2.1-20.1:7(b), Code of Virginia (1950), as amended, for eligible current and future sheriffs and employees of such sheriffs, when retired, as provided in Article 5, Chapter I of Title 51.1, Code of Virginia. BE IT RESOLVED by the Council of the City of Roanoke as follows: WHEREAS, the Council of the City of Roanoke (ER Code 55217) desires to provide the Enhanced Health Insurance Credit Program as provided in §2.1-20.1:7(b), Code of Virginia (1950), as amended, for its eligible current and future sheriffs and employees of such sheriffs, when retired, as provided in Article 5, Chapter 1 of Title 51.1 of the Code of Virginia. WHEREAS, this Council desires and agrees to accept all liability for any current or future additional employer contributions and any increases in current or future employer contribution rates resulting from its election and to provide the benefits of the Program to such retirees; and WHEREAS, City Council elects to allow such eligible retirees to receive the benefits under the Program effective July 1, 2001. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized and directed in the name of the City of Roanoke (ER Code 55217) to execute and attest, respectively, any required contract in order that the current and future sheriffs and employees of such sheriffs, when retired, may participate in the Enhanced Health Insurance Credit Program as provided for in the Code of Virginia. 2. The City Council agrees to accept all liability for any current or future additional employer contributions and any increases in current or future employer contribution rates resulting from its election and to provide the benefits of the Program to such retirees. 3. The Director of Finance is authorized and directed to pay over to the Treasury of Virginia from time to time such sums as are due to be paid by the City of Roanoke for this purpose. 286 CERTIFICATE I, Mary F. Parker, City Clerk, of the City of Roanoke, certify that the foregoing is a true and correct copy of a resolution passed at a lawfully organized meeting of the Council of the City of Roanoke, held at Roanoke, Virginia, at ~ o'clock on ,2001. Given under my hand and seal of the City of Roanoke this ,2001. day of Mary F. Parker, City Clerk APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35327-050701. AN ORDINANCE amending §22.1-5.1, Retirement supplement, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.1-5.1, Retirement supplement, Chapter22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: §22.1-5.1. Retirement supplement. Any member of the City of Roanoke Pension Plan who is an employee of the City (not including employees of the City of Roanoke School Board), and who retires or who has retired after earning twenty (20) or more years of creditable service, but prior to attaining the age sixty-five 287 (65), shall be paid a monthly supplement of the greater of $159 or an amount equal to seventy-five percent (75%) of the amount the City contributes monthly toward the cost of a single active employee's health insurance, as such contribution may be changed from time to time, commencing with the first month of retirement and terminating with the month in which the member attains age sixty-five (65). This supplement shall not be subject to any cost of living adjustment which may be provided under the City of Roanoke Pension Plan. This supplement shall be a personal benefit applicable to an eligible member only without any right of survivorship. Upon the death of a member who is receiving such benefit, the monthly payment shall be made for the month of such member's death and shall terminate with the next succeeding month. This benefit shall not be applicable to retirees receiving the early retirement incentive plan supplement granted in 1991. 2. In order to provide for the usual daily operation of the municipal government, and emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 2001. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35328-050701. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 288 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1,2000, shall effective July 1, 2001, be increased by three percent (3%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, and not including any Retirement Supplement established by Ordinance No. 34799-050900, calculated as of July 1, 2001. 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retirement System (hereinafter "ERS") retired under §22.1-44, Normal Service Retirement, or under §22.1-62, Retirement and Service Retirement Allowance Generally, respectively, of the Code of the City of Roanoke (1979), as amended (hereinafter "City Code"); or b= Any member of ESRS or ERS retired under §22.1-47, Nonoccupational Disability Retirement Allowance, or under §22.1-65, Nonoccupational Disability Retirement Allowance, respectively, of the City Code; or Any member of ESRS or ERS retired under §22.1-48, Occupational Disability Retirement Allowance, or under §22.1-66, Occupational Disability Retirement Allowance, respectively, of the City Code; or Any member of the ESRS retired under §22.1-45, Early Service Retirement Allowance, or §22.1-46, Vested Allowance, or any member of ERS retired under §22.1-63, Early Service Retirement Allowance, or §22.1-64, Vested Allowance, of the City Code; or Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article III, Employees' Supplemental Retirement System, or under Article IV, Employees' Retirement System, of Chapter 22.1, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.b., 2.c., or 2.d. of this ordinance; or 289 Any member retired under Article V, Police and Fire Department Pension Plan as of December 31,1945, of Chapter 22.1, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35329-050701. A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than twenty-five dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 34797-050900, adopted May 9, 2000. WHEREAS, employees of the City are encouraged to take responsibility for saving for their future retirement; WHEREAS, providing for a matching City contribution to the International City Management Association Retirement Corporation Deferred Compensation Plan ("Plan") on behalf of employees will provide employees with a financial incentive to save for their future retirement; and 290 WHEREAS, providing such matching contributions may enhance the City's ability to attract and retain a skilled workforce; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Effective July 1,2001, the City shall contribute not less than five dollars nor more than twenty-five dollars per biweekly pay period to the Plan on behalf of any nontemporary employee of the City who contributes an equal or greater amount on his or her own behalf to the Plan by payroll deduction for each such biweekly pay period for which the employee has so contributed. 2. The Director of Finance or his designee shall be authorized, for and on behalf of the City, to execute any documents required by the Plan to implement this Resolution. 3. The benefit provided by this Resolution shall not be considered permanent, and City Council reserves the right to amend the terms and conditions of this Resolution or repeal this benefit. 4. Resolution No. 34797-050900, adopted by this Council on May 9, 2000, is hereby REPEALED effective July 1, 2001. July 1, 2001. This Resolution shall be in full force and effect on and after APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35330-050701. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. 291 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous $ 77,105,366.00 58,016,878.00 957,150.00 1,014,600.00 1,144,830.00 46,301,941.00 34,300.00 6,211,697.00 559,335.00 Total Revenues $191,346,097.00 Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue $ 1,055,043.00 1,136,377.00 1,576,178.00 30,317.00 3,942.00 33,532.00 271,252.00 $ 1,060,845.00 Sheriff Jail $1,907,545.00 9,808,135.00 $ 11,715,680.00 Commonwealth's Attorney Cost Collections Unit $1,145,382.00 72,398.00 $ 1,217,780.00 City Council City Attorney City Clerk 258,438.00 688,654.00 476,566.00 Real Estate Valuation Board of Equalization $ 927,309.00 22,223.00 949,532.00 292 Municipal Auditing Department of Finance Office of Billings and Collections Residual Fringe Benefits Miscellaneous Transfers to School Fund Transfers to Debt Service Fund Transfers to Other Funds Electoral Board Office of Communications City Manager Memberships and Affiliations Personnel Lapse Contingency Environmental and Emergency Management Cultural Services Committee Economic Development City Market $ 2,181,681.00 1,310,009.00 Office of Management and Budget Human Resources Occupational Health Communications - E911 Communications - E911 Wireless Communications - Radio Shop Director of General Services Purchasing Facilities Management Custodial Services Fire Administration Fire Support Fire Operations Fire Airport Rescue Emergency Medical Services $ 601,344.00 25,576.00 $ 997,928.00 339,076.00 $ 2,091,019.00 241,783.00 521,525.00 $ 156,487.00 214,542.00 3,353,545.00 1,064,236.00 $ 690,308.00 619,254.00 11,435,997.00 741,742.00 2,147,058.00 489,341.00 3,491,690.00 1,564,425.00 100,000.00 45,987,668.00 12,266,899.00 7,675,052.00 305,329.00 324,292.00 776,757.00 2,067,115.00 (1,395,758.00) 500,000.00 216,018.00 283,443.00 $ 626,920.00 806,590.00 $ 1,337,004.00 $ 2,854,327.00 $ 4,788,810.00 $ 5,634,359.00 293 Director of Public Works Solid Waste Management Streets and Traffic Paving Snow Removal Street Lighting Traffic Engineering Engineering $ 164,534.00 $ 5,678,454.00 2,874,524.00 1,752,872.00 220,266.00 952,400.00 1,385,760.00 1,456,634.00 $ 14,485,444.00 Planning and Code Enforcement Building Services $ 1,236,915.00 730,344.00 $ 1,967,259.00 Neighborhood Partnership Citizens Service Center Housing and Neighborhood Services 178,669.00 110,841.00 449,715.00 $ 739,225.00 Parks and Grounds Maintenance Recreation $ 3,948,529.00 2,033,056.00 $ 5,981,585.00 Director of Human Services/Social Service $ Income Maintenance Social Services - Services Employment Services Foster Parent Training Human Services Support 887,403.00 4,859,495.00 9,001,498.00 1,284,029.00 133,630.00 132,532.00 $ 6,298,587.00 Virginia Institute for Social Services Training Activities Hospitalization $ 286,805.00 $ 52,000.00 Youth Haven Outreach Detention Crisis Intervention 533,775.00 183,232.00 532,810.00 $ 1,249,817.00 Health Department Mental Health Human Services Committee Total Action Against Poverty Comprehensive Services Act (CSA) CSA - Administration Human Services/Community Education Virginia Cooperative Extension Service $ 1,153,529.00 401,400.00 474,769.00 216,015.00 8,400,000.00 65,000.00 45,603.00 66,310.00 294 Police Administration Police Investigation Police Patrol Police Services Police Training Police Animal Control $ 455,285.00 2,318,065.00 9,566,090.00 2,540,942.00 534,120.00 452,381.00 $ 15,866,883.00 Libraries $ 2,300,529.00 Law Library 120,920.00 $ 2,421,449.00 Total Appropriations $191,346,097.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 2001-02 General Fund Appropriation Ordinance; and 5. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35331-050701. 295 AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1,2001, and ending June 30, 2002, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating $13,414,658.00 539,000.00 Total Revenues $13,953,658.00 Appropriations Utility Administration General Operating Expenses Water Pumping Station and Tanks Water Purification Utility Line Services Depreciation Interest Expense Capital Outlay $ 314,414.00 2,704,820.00 693,087.00 1,991,969.00 3,247,237.00 1,711,000.00 912,738.00 2,378,393.00 Total Appropriations $13,953,658.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Water Fund Appropriation Ordinance; and 296 - 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35332-050701. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Sewage Treatment Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating $10,444,745.00 397,200.00 Total Revenues $10,841,945.00 Apl~ropriations Administration Maintenance Operations $ 2,429,706.00 1,187,900.00 2,507,812.00 297 Laboratory Lateral Maintenance and Replacement Capital Outlay Depreciation Interest Expense 274,546.00 2,167,202.00 180,000.00 1,305,700.00 789,O79.OO Total Appropriations $10,841,945.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Sewage Treatment Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35333-050701. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 298 1. That all money that shall be paid into the City Treasury for the Civic Center Fund in the fiscal year beginning July 1,2001, and ending June 30, 2002, shall constitute a Civic Center Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating $ 2,904,829.00 1,113,685.00 Total Revenues $ 4,018,514.00 Appropriations Operating Expenses Promotional Expenses Concessions Catering Victory Stadium Depreciation Capital Outlay 2,340,200.00 242,823.00 487,812.00 261,448.00 269,592.00 518,300.00 416,639.00 Total Appropriations $ 4,536,814.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Civic Center Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35334-050701. 299 AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Transportation Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a Transportation Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating $1,970,217.00 Total Revenues $1,970,217.00 Appropriations Parking Coordination Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Depreciation Interest Expense Transfer to General Fund $ 35,878.00 110,645.00 218,619.00 72,647.00 $ 176,705.00 166,683.00 23,173.00 559,300.00 469,558.00 209,835.00 Total Appropriations $ 2,043,043.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Transportation Fund Appropriation Ordinance; and 300 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35335-050701. AN ORDINANCE adopting a portion of the annual Capital Projects Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the money that shall be paid into the City Treasury for the Capital Projects Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a portion of the Capital Projects Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Transfer from General Fund $ 2,150,000.00 Total Revenues $ 2,150,000.00 Appropriations Bridge Maintenance Environmental Issues Roanoke River Flood Reduction Victory Stadium $ 150,000.00 400,000.00 700,000.00 900,000.00 Total Appropriations $ 2,150,000.00 301 2. That this Ordinance shall be known and cited as the 2001-02 Capital Projects Fund Appropriation Ordinance; and 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35336-050701. AN ORDINANCE adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Department of Technology Fund in the fiscal year beginning July 1,2001, and ending June 30, 2002, shall constitute a Department of Technology Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Reven u es Operating Non-Operating $ 4,117,750.00 235,292.00 Total Revenues $ 4,353,042.00 302 Appropriations Operating Expenses Computer Aided Dispatch Telephone System Maintenance Depreciation Expense Interest Expense $ 3,237,666.00 144,930.00 30,000.00 779,200.00 16,480.00 Total Appropriations $ 4,208,276.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Department of Technology Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35337-050701. AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 303 1. That all money that shall be paid into the City Treasury for the Materials Control Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a Materials Control Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating $ 93,052.00 Total Revenues $ 93,052.00 Appropriations Operating Expenses $ 93,052.00 Total Appropriations $ 93.052.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Materials Control Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1,200t. APPROVED ATTEST: Mary F. Pa?ker City Clerk Ralph K. Smith Mayor 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35338-050701. AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Management Services Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a Management Services Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating $ 124,552.00 Total Revenues Appropriations $ 124,552.00 Operating Expenses Depreciation Expense $ 105,642.00 18,910.00 Total Appropriations $ 124,552.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Management Services Fund Appropriation Ordinance; and 3O5 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35339-050701. AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Fleet Management Fund in the fiscal year beginning July1, 2001, and ending June 30, 2002, shall constitute a Fleet Management Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating $ 3,521,341.00 353,639.00 Total Revenues $ 3,874,980.00 Appropriations Operating Expenses Capital Outlay Interest Expense Depreciation Expense $ 2,270,291.00 1,225,000.00 51,595.00 2,449,600.00 Total Revenues $ 5,996,486.00 306 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Fleet Management Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35340-050701. AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Risk Management Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a Risk Management Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating $ 9,773,159.00 365,000.00 Total Revenues $10,138,159.00 307 Appropriations Risk Management Administration Insurance $ 707,330.00 10,355,829.00 Total Appropriations ,063,159.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Risk Management Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35341-050701. AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the School Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a School Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: 308 Revenues Grants-in-Aid Commonwealth State Sales Tax (ADM) Grants-in-Aid Federal Government Charges for Services Transfer from General Fund interest on Investments $ 41,656,787.00 9,492,986.00 115,390.00 1,771,820.00 45,933,038.00 200,000.00 Total Revenues $ 99,170,021.00 Appropriations Instruction Administrative Services Attendance and Health Services Transportation Operation/Maintenance of Plant Facilities Other Uses of Funds $ 76,382,743.00 2,465,704.00 1,327,408.00 3,885,672.00 10,307,026.00 388,805.00 4,412,663.00 Total Appropriations $ 99,170,021.00 2. That this Ordinance shall be known and cited as the 2001-02 School Fund Appropriation Ordinance; and 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 3O9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35342-050701. AN ORDINANCE adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the School Food Service Fund in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a School Food Service Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total Revenues $ 84,464.00 2,891,594.00 1,545,256.00 $ 4,521,314.00 Appropriations Food Services Total Appropriations $ 4,521,314.00 $ 4,521,314.00 2. That this Ordinance shall be known and cited as the 2001-02 School Food Service Fund Appropriation Ordinance; and 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35343-050701. AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the money that shall be paid into the City Treasury for the Grant Fund for the Virginia Juvenile Community Crime Control Act in the fiscal year beginning July 1, 2001, and ending June 30, 2002, shall constitute a portion of the Grant Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Virginia Juvenile Community Crime Control Act (VJCCCA) $ 317,926.00 Total Revenues $ 317,926.00 Appropriations Specialized Probation Supervision - Court Services Unit Substance Abuse Services - Court Services Unit Enhanced Community Services - Court Services Unit Intensive Supervision - Court Services Unit 41,052.00 54,095.00 94,632.00 128,147.00 Total Appropriations $ 317,926.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2001-02 Grant Fund Appropriation Ordinance; and 311 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of May, 2001. No. 35344-050701. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1,2001; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments forsworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a FirefighterlEmergency Medical Technician merit pay program; providing for payment of a monthly stipend to certain board and commission members; repealing Ordinance No. 34794-050900, adopted May 9, 2000, to the extent of any inconsistency; and providing for an emergency and effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to §2-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1,2001, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: 312 CITY OF ROANOKE, VIRGINIA PAY PLAN July 1, 2001 Pay Minimum Maximum Grade Annual Annual Salary Salary 04 $16,440.32 $ 24,660.48 05 17,262.44 25,893.66 06 18,556.46 27,834.82 07 19,989.58 29,984.50 08 22,085.70 33,128.68 09 24,404.12 36,606.18 10 26,968.50 40,452.88 11 28,868.32 43,302.48 12 32,187.74 48,281.74 13 35,890.14 53,835.34 14 40,016.60 60,024.90 15 44,618.86 66,928.42 16 50,400.22 75,600.46 17 56,196.14 84,294.34 18 62,658.44 93,987.66 19 70,731.44 106,097.16 20 78,865.54 118,298.44 21 87,935.12 131,902.68 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2001, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Merit increases, generally in the amount of three and one-half percent (3.5%) of the employees' current base salary, shall be accorded officers and employees achieving satisfactory merit evaluations. For officers and employees appointed or hired after July 1, 2000, merit increases shall be prorated based on number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 313 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUALSALARYINCREMENT Appraiser I $ 1,620.00 Appraiser II $ 1,620.00 POSITION TITLE ANNUALSALARYINCREMENT Assistant City Managers (unless City Manager has assigned a City vehicle to the individual Assistant) Assistant Director of Civic Facilities City Attorney City Clerk Community Relations Coordinator Deputy Director of Real Estate Valuation Director of Civic Facilities Director of Finance Director of Human Services/Social Services Director of Real Estate Valuation Municipal Auditor Senior Appraiser Senior Tax Compliance Administrator Youth Services Planner $ 1,800.00 $ 990.00 $ 2,000.OO $ 2,000.00 $ 1,080.00 $ 1,620.00 $ 990.00 $ 2,000.00 $ 990.00 $ 2,000.00 $ 2,000.00 $ 1,620.00 $ 1,300.00 $ 900.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. 7. In order to equitably compensate sworn police officers assigned to the Criminal Investigation Division and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a bi-weekly basis as a uniform allowance. 314 8. Each employee of the Fire-Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary increment of $1,200 payable on a bi-weekly basis. 9. Each employee of the Fire-Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200 payable on a bi-weekly basis. 10. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $902 to $4,024 payable on a bi-weekly basis. 11. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain a cardiac technician certificate. The annual pay supplement shall be in the amount of $1,769 payable on a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 8, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 12. Effective July 1,2001, a pay stipend of $100 per month, or $1,200 annually, paid bi-weekly, shall be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment 13. When any salary increase provided in paragraphs 4, 10 or 11 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 14. To the extent of any inconsistency, Ordinance No. 34794-50900, adopted May 9, 2000, is hereby REPEALED. 15. Any increase in compensation due to any officer or employee as of July 1, 2001, under this ordinance shall be first paid with the paycheck of July 3, 2001. 315 16. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 316 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2001. No. 35345-050701. AN ORDINANCE authorizing and approving the establishment of a new position entitled Assistant Deputy Clerk in the Office of the City Clerk; providing for an effective date; and providing for an emergency. WHEREAS, the City Clerk, pursuant to §24 of the Roanoke City Charter, may appoint a Deputy City Clerk and such number of assistants as may be provided for by ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. A new position, entitled Assistant Deputy Clerk, is hereby established and approved for the Office of City Clerk. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 317 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35320-052101. AN ORDINANCE changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for certain water rates and related charges for services provided by the City effective August 1, 2001; and directing amendment of the Fee Compendium. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The septic tank disposal fees and water rates and other related rates and charges for services provided by the City of Roanoke shall be as set forth in Exhibit A attached hereto, and which exhibit is also part of the letter of the City Manager dated May 7, 2001, which letter is incorporated by reference herein, and such rates and charges to be effective for septic tank disposal fees and water and related services (including fire service) and statements rendered on or after August 1, 2001, as set forth in Exhibit A. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the foregoing amended fees, rates and charges established by this Ordinance. 3. The fees, rates and charges established by this Ordinance shall remain in effect until amended by this Council. EXHIBIT A- TO COUNCIL LETTER DATED MAY 7, 2001 WATER DELIVERY, WATER SERVICE AND WATER METER CHARGES ASSESSING DEPARTMENT: Billings and Collections COLLECTION DEPARTMENT: Treasurer DESCRIPTION: Water charges for delivery are charged per hundred cubic foot 100 cubic foot equals 750 gallons). 318 SERVICE CHARGE: Water Rates Minimum Month Meter Size Effective August 1, (inch) 2001 5/8 $ 2.95 % 8.67 I 11.54 1% 23.10 2 36.92 3 92.30 4 147.66 6 369.17 8 590.65 10 945.02 12 1,476.65 Water Rates Rate Customer Service Type - Effective August 1, 2001 (per 100 cubic foot) Domestic All Consumption to 10 hundred cubic $1.21 feet/month Over 10 hundred cubic feet/month $1.33 Commercial All consumption to 1,000 hundred $1.21 cubic feet/month Over 1,000 hundred cubic feet/month $1.33 Industrial All consumption to 5,000 hundred $1.21 cubic feet/month Over 5,000 hundred cubic feet/month $1.33 Irrigation All consumption $1.33 319 Notes: -For retail water service sold outside the City limits, the minimum charge is 100% greater than City rates. -Cost of water rates and service outside the City limits is $2.42/100 cu. ft. -Quarterly minimum charges and rates are three times the monthly minimum charges and rates. Fire Service - Minimum Monthly Charges Meter S~e(inch) Effective Augustl, 2001 Effective Augustl, 2002 4 $ 95.23 $ 90.00 6 215.08 200.00 8 339.34 325.00 10 601.55 550.00 12 856.35 800.00 Septic Tank Disposal Fees Effective August 1, 2001 Septic Tank Disposal Fees for Septage generated within the City of Roanoke, City of Salem, Town of Vinton, County of Roanoke or County of Botetourt: $ 25.00 per 1,000 gallons discharged to City's water pollution control plant. Septic Tank Disposal Fees for Septage generated in jurisdictions other than in the City of Roanoke, City of Salem, Town of Vinton, County of Roanoke or County of Botetourt: $ 35.00 per 1,000 gallons discharged to City's water pollution control plant. ATTEST: Ma~~F.P~ar er City Clerk APPROVED ~ '~ ',~~~~J Ralph K. Smith Mayor 320 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35346-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and School Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and School Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 67,083,901.00 Transfers to Other Funds (1) ............................ 67,620,775.00 Fund Balance Reserved for CMERP - Schools (2) ....................... $ 0t SchoolFund Appropriations Education Facilities (3-11) ....................................... Summer Youth Employment 2001 (12-16) ................. 1999-2000 Western Virginia Regional Science Fair (17) ...... $128,017,060.00 3,030,275.00 36,459.00 15,081.00 Revenues Education Nonoperating (18) ..................................... Summer Youth Employment 2001 (19) .................... 1999-2000 Western Virginia Regional Science Fair (20) ...... $126,266,035.00 46,354,123.00 36,459.00 15,081.00 321 1) Transfer to School Fund 2) Reserved for CMERP - Schools 3) Books and Subscriptions 4) Replacement - Machinery and Equipment 5) Replacement- School Bus 6) Additional - Machinery and Equipment 7) Additional - Other Capital Outlay 8) Additional - Motor Vehicle Equipment 9) Additional - Furniture and Fixtures 10) Replacement - Other Capital Outlay 11) Buildings 12) Compensation of Teachers 13) Social Services 14) Mileage 15) Educational and Recreational Supplies 16) Supplements 17) Conventions/Education 18) Transfer from General Fund 19) Federal Grant Receipts 20) Fees (001-250-7310-9530) (001-3324) (030-060-6006-6100-061 $ 780,210.00 (780,210.00) 125,000.00 (030-060-6006-6302-0801) (030-060-6006-6676-080) (030-060-6006-6681-0821) (030-060-6006-6682-082) (030-060-6006-6683-0824) (030 -060-6006-6788-0822) (030-060-6006-6896-0809) (030-060-6006-6896-0851.) (030 -060 -6456 -6449 -0121 ) (030-060-6456-6449-0201) (030-060-6456-6449-0551) 14,395.00 175,000.00 219,237.00 25,000.00 40,000.00 20,000.00 150,000.00 11,578.00 9,500.00 724.00 3,775.00 (030-060-6456-6449-0614) (030-060-6456-6549-0129) (030-060-6810-6311-0554) (030-060-6000-1037) (030-060-6456-1102) (030-060-6810-1103) 600.00 21,860.00 5,000.00 780,210.00 36,459.00 5,000.00 322 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35347-052101. A RESOLUTION concurring in the MontgomeryAuthority Resolution and approving the issuance of Bonds through the Industrial Development Authority of Montgomery County, in a principal amount not to exceed $2,700,000 with respect to the Roanoke Project, for the benefit of the Virginia Tech Foundation, Inc., as required by Section 147(f) of the Internal Revenue Code and Sections 15.2-4905 and 15.2-4906 of the Virginia Code, to assist in the financing of the Roanoke Project. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provide that both the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and the highest elected governmental unit of the locality having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds after a public hearing, and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City of Roanoke, Virginia (the "City"); WHEREAS, the City, by action of the Council, has created the Industrial Development Authority of the City of Roanoke, Virginia and Section 15.2-4905 of the Virginia Code provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the industrial development authority of the second locality; 323 WHEREAS, the Industrial Development Authority of Montgomery County (the "Montgomery Authority") was requested by the Virginia Tech Foundation, Inc. (the "Foundation"), having its principal place of business at 312 Burruss Hall, Blacksburg, Virginia 24061, to issue its revenue bonds for the benefit of the Foundation (the "Bonds"), pursuant to the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Virginia Code (the "Act"); WHEREAS, a portion of the proceeds of the Bonds will be used to assist the Foundation in financing a portion of the cost of acquisition of a two acre parcel of land and the cost of construction of an 11,000 square foot building at 121 Duke of Glouchester Street in the City to be owned by the foundation and used by its WVTF radio station (the "Roanoke Project"), other portions of the proceeds will finance facilities in Blacksburg and Alexandria, Virginia; WHEREAS, the Montgomery Authority, pursuant to an inducement resolution adopted on May 15, 2001 (the "Montgomery Authority Resolution"), after a public hearing held jointly on behalf of Montgomery County and the City in accordance with Section 147(f) of the Code and the Act (the "Public Hearing"), approved issuance of the Bonds and requested and recommended that the Council approve the issuance of the Bonds, subject to approval of their issuance by the Board of Supervisors of Montgomery County, which is the highest elected governmental unit of the locality on behalf of which the Montgomery Authority will issue the Bonds; WHEREAS, a copy of the Montgomery Authority Resolution, a summary statement of the Public Hearing and the Foundation's Fiscal Impact Statement with respect to the Roanoke Project have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council concurs with the Montgomery Authority Resolution and approves the issuance of Bonds by the Montgomery Authority, in a principal amount not to exceed $2,700,000 with respect to the Roanoke Project, for the benefit of the Foundation, as required by Section 147(f) of the Code and Sections 15.2-4905 and 15.2-4906 of the Virginia Code, to assist in the financing of the Roanoke Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the creditworthiness of the Roanoke Project or the Foundation, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither Montgomery County nor the City shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including Montgomery County and the City, shall be pledged thereto. The purchaser of the Bonds must acknowledge that 324 any purchase of Bonds will be made solely based on the representations of the Foundation and no representations of any kind as to the Project or the ability of the Foundation to repay the Bonds has been made by the Montgomery Authority, Montgomery County or the City. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Ma~~ F, P~ar er City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35348-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 59,935,767.00 Roanoke River Interceptor (1-2) ........................... 14,309,941.00 Roanoke River Interceptor Sewer Rehabilitation(3-4) .............75,000.00 325 1) Appropriated from Other Governments 2) Appropriated from General Revenue 3) Appropriated from Other Governments 4) Appropriated from General Revenue (003-056-8485-8999) (003-056-8485-9003) (003-530-8486-8999) (003-530-8486-9003) $ (47,475.00) (27,525.00) 47,475.00 27,525.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of May, 2001. No. 35349~52101. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 5 to the City's contract with Black & Veatch to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time for the Roanoke River Interceptor Sewer Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 5 to the City's contract with Black & Veatch, to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time for the Roanoke River Interceptor Sewer Project, all as more fully set forth in the letter to this Council dated May 21, 2001. 326 2. The Amendment No. 5 will provide authorization for additions in the work with an increase in the amount of $75,000.00 to the contract, all as set forth in the above letter. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35350-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $ 26,512,466.00 Sidewalk and Curbs Phase V-A (1) ......................... 749,000.00 Revenues Nonoperating $ 5,182,318.00 Transfer from Other Funds (2) ............................. 5,182,318.00 1) Appropriated from General Revenue (008-052-9608-9003) $ 75,000.00 327 2) Transfer from General Fund (008-110-1234-1037) $ 75,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of May, 2001. No. 35351-052101. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with H. & S. Construction Company for the completion of curb, gutter and sidewalk on the soUth side of Cove Road, N.W. between Abbott Street and Hershberger Road for the New Concrete Sidewalks, Entrances and Curb Phase V-A Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 1 to the City's contract with H. & S. Construction Company for the completion of curb, gutter and sidewalk on the south side of Cove Road, N.W. between Abbott Street and Hershberger Road for the New Concrete Sidewalks, Entrances and Curb Phase V-A Project, all as more fully set forth in the letter to this Council dated May 21, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $75,000 to the contract, all as set forth in the above letter. 328 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST:~..~ ~. ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 st day of May, 2001. No. 35352-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges Hunter Viaduct Removal (1) ................................ Rehabilitation of Memorial Bridge (2) ......................... $ 26,437,466.00 4,371,809.00 200,000.00 1) Appropriated from General Revenue 2) Appropriated from General Revenue (008-052-9636-9003) (008-530-9772-9003) (200,000.00) 200,000.00 329 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of May, 2001. No. 35353-052101. A RESOLUTION authorizing a contract with Hayes, Seay, Mattern & Mattern, Inc. for engineering services for providing preliminary design/investigation, final design, and contract administration for the rehabilitation of Memorial Bridge. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Hayes, Seay, Mattern & Mattern, Inc. in the amount of $179,850 for engineering services for providing preliminary design/investigation, final design, and contract administration for the rehabilitation of Memorial Bridge as described in the City Manager's letter to this Council dated May 21, 2001. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's letter to this Council dated May 21, 2001. ATTEST: Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35354-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-66) .................................... $190,481,356.00 Revenues General Fund (67-75) ................................... $184,127,016.00 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-110-1234-1002) (001-120-2111-1002) (001-125-2110-1002) (001-130-1233-1002) (001-140-2140-1002) (001-140-3310-1002) (001-150-2210-1002) (001-150-2211-1002) (001-200-1110-1002) (001-210-1220-1002) $( ( ( 11,109.00) 14,758.00) 1,655.00) 17.00 (39,603.00) (138,622.00) ( 8,826.00) 84.00 6,986.00 17,951.00 331 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-220-1120-1002) (001-230-1235-1002) (001-240-1240-1002) (001-250-1231-1002) (001-250-1232-1002) (001-260-1310-1002) (001-300-1211-1002) (001-310-3520-1002) (001-310-8120-1002) (001-410-1212-1002) (001-410-1213-1002) (001-420-1261-1002) (001-420-1263-1002) (001-430-4130-1002) (001-430-4170-1002) (001-440-1237-1002) (001-440-1260-1002) (001-440-4220-1002) (001-440-4330-1002) (001-520-3211-1002) (001-520-3212-1002) (001-520-3213-1002) (001-520-3214-1002) $(15,021.00) 920.00 (34,394.00) (25,394.00) (24,262.00) 5,337.00 (85,130.00) (48,847.00) (41,988.00) (78,187.00) (13,948.00) (11,172.00) 4,852.00 ( 9,890.00) ( 4,986.00) (35,478.00) (18,377.00) (87,144.00) (190,734.00) (28,802.00) (49,445.00) 153,209.00 1,545.00 332 34) Regular Employee Salaries 35) Regular Employee Salaries 36) Regular Employee Salaries 37) Regular Employee Salaries 38) Regular Employee Salaries 39) Regular Employee Salaries 40) Regular Employee Salaries 41) Regular Employee Salaries 42) Regular Employee Salaries 43) Regular Employee Salaries 44) Regular Employee Salaries 45) Regular Employee Salaries 46) Regular Employee Salaries 47) Regular Employee Salaries 48) Regular Employee Salaries 49) Regular Employee Salaries 50) Regular Employee Salaries 51) Regular Employee Salaries 52) Regular Employee Salaries 53) Regular Employee Salaries 54) Regular Employee Salaries 55) Regular Employee Salaries (001-520-3521-1002) (001-530-1280-1002) (001-530.4110.1002) (OOl-53o.416o-loo2) (OOl-53o.421O-lOO2) (OOl -53o.4211-1002) (OO1-53o.431 o-1 oo2) (001-550-7410-1002) (001-560-3410-1002) (001-610-8110-1002) (001-620.4340-1002) (001-620-7110-1002) (OOl-63o-127O-lOO2) (ool-63o-5311-1 oo2) (OO1-63o-5313-1 oo2) (OO1-63o-5314-1002) (OOl-63o.5316-1 oo2) (OOl -63o-531 ?-1002) (OOl -63o-5318-1002) (oo 1 ..631-333o-1 oo2) (oo 1-631-335o-1 oo2) (OOl ..631-336O-lOO2) $ (155,278.00) 349.00 ( 86,785.00) ( 10,287.00) 64,362.00 ( 16,262.00) (108,203.00) 763.00 ( 30,889.00) ( 28,453.00) (205,404.00) 10,792.00 197.00 ( 30,506.00) ( 81,452.00) ( 90,496.00) ( 29,401.00) 865.00 ( 10,562.00) 355.00 893.00 842.00 333 56) 57) 58) 59) 6O) 61) 62) 63) 64) 65) 66) 67) 68) 69) 7O) 71) 72) 73) 74) 75) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salar,es Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Payroll Accrual Salary Lapse Re-engineering Savings Contingency Commonwealth's Attorney Sheriff Commissioner of the Revenue Treasurer VlSSTA Foster Care General Administration Employment Services Direct Social Service Administration (001-640-3111-1002) (001-640-3112-1002) (001-640-3113-1002) (001-640-3114-1002) (001-640-3115-1002) (001-640-3530-1002) (001-650-7310-1002) (001-250-9110-1099) (001-300-9410-1090) ( 001-300-9410-2097) (001-300-9410-2199) (001 (001 (001 (001 (001 (001 (001 (001 -110-1234-0610) -110-1234-0611 ) -110-1234-0612) -110-1234-0613) -110-1234-0671) -110-1234-0675) -110-1234-0676) -110-1234-0681) (001-110-1234-0685) BE IT FURTHER ORDAINED that, Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk $( 17,041.00) ( 93,740.00) (528,355.00) ( ( 88,246.00 37,959.00) 36,559.00) 105,870.00) 15o,ooo.oo) 1,379,325.00 570,000.00 212,912.00 (11,182.00) (198,085.00) ( 695.00) (6,195.00) (10,834.00) 332.00 (59,847.00) (15,477.00) (48,489.00) an emergency existing, this Ralph K. Smith Mayor 334 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35355-052101. AN ORDINANCE authorizing execution of Amendment No. 1 to the Williamson Road Area Service District Services Agreement between the City of Roanoke and the Williamson Road Area Business Association, Inc. (WRABA), which will delete the restriction in such Agreement regarding overhead expenses; and providing for an emergency. WHEREAS, the WRABA has requested that the restriction in the current Agreement between the parties regarding reimbursement for certain overhead expenses be removed from that Agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council approves the requested amendment removing the restriction contained in the current Agreement between the parties regarding reimbursement for certain overhead expenses, as more fully set forth in the City Manager's letter to this Council dated May 21, 2001. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No.1 to the Agreement between the City and WRABA, dated June 20, 1996, to eliminate the restriction of the amount of special service district funds that may be expended for overhead expenses by WRABA, all as more fully set forth in the above mentioned letter, and to take such further action as may be necessary to implement such action. Attorney. The form of the amendment shall be approved by the City 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 335 IN THE COUNCIL OF THE CITY OF ROANOKE The 21st day of May, 2001. No. 35356-052101. A RESOLUTION of the Council of the City of Roanoke, establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke, and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-based probation program established and operated pursuant to the provisions of Article 2 of Chapter 5 of Title 53.1 and Article I of Title 19.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Local-Responsible Offenders (Virginia Code Section 53.1-180 et seq.) and the Virginia Pretrial Services Act (Virginia Code Section 19.2-152.2 et seq.) require the establishment and appointment of a Community Criminal Justice Board for the Court-Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the Court-Community Corrections Program previously has been established in accordance with law, and this Council, in conjunction with the governing bodies of the other jurisdictions which participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court-Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code Section 15.2-1411 and in consideration of changes in the Code of Virginia and the fact that the City of Clifton Forge, which had participated in this program, will revert to a town as of July 1, 2001. NOW, THEREFORE, pursuant to the authority granted to this Council by Virginia Code Sections 15.2-1411,19.2-152.5, 53.1-183 and the Charter of this City of Roanoke, IT IS RESOLVED: 1. That a Regional Community Criminal Justice Board for the Court- Community Corrections Program is established. 336 2. That the Counties of AIleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of up to 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times complywith all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. That in conjunction with resolutions of appointment adopted or to be adopted bythe governing bodies of all participating jurisdictions, this Council, jointly with the other participating jurisdictions, appoints the following persons to the Regional Community Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July 1, 2001. Because Section 53.1.183 provides that the Board's membership shall include persons who hold certain positions, this resolution sets out, beside the name of each person hereby appointed, a descriptive title for that person's position or occupation. NAME AND TITLE: TERM: Chief A. L. Gaskins Roanoke City Police 3 Years Sheriff George McMillan Roanoke City Sheriff's Office 3 Years John Higgins, Superintendent Rockbridge Regional Jail 3 Years William H. Cleaveland, Esquire Roanoke, Virginia The Honorable Clifford R. Weckstein, Judge Circuit Court Twenty-third Judicial Circuit 3 Years 2 Years Chief Ray Lavinder Roanoke County Police Department 2 Years Ray Burton Fitzgerald, Chief Magistrate Twenty-fifth Judicial District 2 Years 337 James C. Alderson, Commonwealth Attorney Alleghany County/City of Covington 2 Years Sheriff Gerald Holt Roanoke County Sheriff's Office 2 Years Sheriff C. E. Simpson Alleghany County Sheriff's Office 2 Years Gail Burrus, Director, Counseling Services Blue Ridge Community Services Board Roanoke, Virginia 2 Years The Honorable Julian H. Raney, Jr., Judge Roanoke City General District Court Twenty-third Judicial District 1 Year The Honorable John B. Ferguson, Judge Roanoke City/Roanoke County Juvenile & Domestic Relations Court Twenty-third Judicial District 1 Year Sheriff Ronnie Sprinkle Botetourt County Sheriff's Office 1 Year Dr. David Smith, Superintendent Bath County Public Schools 1 Year 4. That this Council, in conjunction with the governing bodies of the other jurisdictions which have established the Court-Community Corrections Program, hereby designates and appoints the City of Salem as the fiscal agent for the program. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 338 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35357-052101. AN ORDINANCE repealing and replacing Resolution No. 35285-041601; accepting the bid of Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; establishing an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Resolution No. 35285-041601, adopted April 16, 2001, is hereby repealed and replaced by this ordinance pursuant to the City Attorney's letter dated May 21, 2001, to this Council; and the bid of Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, as is more particularly set forth in the City Manager's letter dated April 16, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactively to April 16, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 339 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35358-052101. AN ORDINANCE repealing and replacing Resolution No. 35286-041601; accepting the bid of Breakell, Inc., for making ballfield improvements at two parks within the City, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; establishing an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Resolution No. 35286-041601, adopted April 16, 2001, is hereby repealed and replaced by this ordinance pursuant to the CityAttorney's letter dated May 21, 2001, to this Council; and the bid of Breakell, Inc., for making ballfield improvements at two parks in the City, as is more particularly set forth in the City Manager's letter dated April 16, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid' for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactively to April 16, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 340 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35359-052101. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ~ ' THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ Transfers to Other Funds (1) ............................... Contingency - General Fund (2) ............................. 66,907,433.00 67,477,065.00 203,418.00 Fund Balance Undesignated Fund Balance (3) -0- Capital Projects Fund Appropriations Parks, Recreation and Cultural $ Railside Linear Park Property Acquisition (4) .................. 8,820,161.00 636,500.00 Revenues Nonoperating $ Transfers from Other Funds (5) ............................. 5,260,818.00 5,145,318.00 1) Transfer to Capital Projects Fund (001-250-9310-9508) $ 636,500.00 341 2) Contingency 3) Undesignated Fund Balance 4) Appropriated from General Revenue 5) Transfer from General Fund (001-300-9410-2199) (001-3339) (008 -620 -9755-9003) (008-110-1234-1037) 32,758.00) (603,742.00) 636,500.00 636,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of May, 2001. No. 35360-052101. AN ORDINANCE authorizing the proper City officials' execution of an Agreement for Purchase and Sale of Real Estate, providing for the City's acquisition of certain property, bearing Official Tax Nos. 1010306 and 1010307, at 119 and 117 Norfolk Avenue, respectively, from Robert E. Zimmerman and Lynn F. Zimmerman, which property is needed by the City for the Railside Linear Park - Phase I Project; approving the purchase price to be paid for such property and authorizing acceptance of a deed conveying such property to the City; and dispensing with the second reading of this ordinance. WHEREAS, the Council of the City of Roanoke authorized acquisition of the necessary property rights for Railside Linear Park by negotiation or eminent domain on October 7, 1996, by Ordinance No. 33148-100796; 342 WHEREAS, the Council of the City of Roanoke affirmed its intent to authorize acquisition of the necessary property rights for Railside Linear Park by negotiation or eminent domain on June 7, 1999, by Ordinance No. 34331-060799; that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City of Roanoke, to execute and attest, respectively, an Agreement for the Purchase and Sale of Real Estate (hereinafter the "Agreement"), by and between Robert E. Zimmerman and Lynn F. Zimmerman, and the City of Roanoke, approved as to form by the City Attorney, providing for the acquisition of real estate bearing Official Tax Nos. 1010306 1010307, at 119 and 117 Norfolk Avenue, respectively. 2. Upon the acceptance of the City's offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, and fulfillment of the other terms of the Agreement, the Director of Finance is directed to pay, in accordance with the terms of the Agreement, the sum of $636,000.00, the agreed amount of consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. This ordinance is intended to affirm the authority set forth in Ordinance No. 33148-100796, adopted October 7, 1996, and Ordinance No. 34464-090799, adopted September 9, 1999, and nothing in this ordinance shall be construed to repeal or negate any authority granted by those ordinances. ordinance by title is hereby dispensed with. Pursuant to §12 of the City Charter, the second reading of this Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35361-052101. 343 AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation $ 2,290,725.00 Garden City Phase 7 Storm Drain (1) ........................... 109,000.00 Capital Improvement Reserve $ 3,833,581.00 Public Improvement Bonds Series 1996 (2) ...................... 155,207.00 1) Appropriated from Bond Funds - Series 1996 2) Storm Drains (008-052-9693-9088) (008-052-9701-9176) $ 89,000.00 (89,000.00) BE IT FURTHER ORDAINED that, Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk an emergency existing, this Ralph K. Smith Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35362-052101. AN ORDINANCE accepting the bid of Virginia Infrastructure, Inc. to connect the inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street in connection with the Garden City Storm Drain Project - Phase 7, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Virginia Infrastructure, Inc. in the amount of $80,236.00 to connect the inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street in connection with the Garden City Storm Drain Project - Phase 7, as is more particularly set forth in the City Manager's Letter dated May 21, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 st day of May, 2001. No. 35363-052101. 345 AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Works $ 24,804,205.00 Paving Program (1) ....................................... 2,437,513.00 Nondepartmental $ 66,538,691.00 Transfers to Other Funds (2) ............................... 67,075,565.00 Revenues Grants-in-Aid Commonwealth $ 53,167,368.00 Other Categorical Aid (3) .................................. 15,770,972.00 Fund Balance Reserved for CMERP - City (4) ............................ $ Capital Projects Fund 862,300.00 Appropriations General Government $ 16,483,424.00 346 Greater Gainsboro Infrastructure Improvements (5) ............. 1,209,799.00 Lincoln 2000 Project (6) ..................................... 100,000.00 Public Works Service Center Improvements (7) ................. $ 35,000.00 Revenues Nonoperating $ 5,417,318.00 Transfers from Other Funds (8) ............................. 5,417,318.00 1) Appropriated from General Revenue 2) Transfer to Capital Projects Fund 3) Street Maintenance 4) Reserved for CMERP - City 5) Appropriated from General Revenue 6) Appropriated from General Revenue 7) Appropriated from General Revenue 8) Transfer from General Fund (001-530-4120-2010) (001-250-9310-9508) (001-110-1234-0650) (001-3323) (008-410-9625-9003) (008-410-9629-9003) (008-530-9766-9003) (008-110-1234-1037) 417,949.00 235,000.00 197,949.00 (455,000.00) 100,000.00 100,000.00 35,0O0.0O 235,000.00 BE IT FURTHER ORDAINED that, an Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk emergency existing, this Ralph K. Smith Mayor 347 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35364-052101. AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Adams Construction Company made to the City in the total amount of $1,969,602.91 (base bid plus Alternate No.1), for paving and profiling of various streets within the City of Roanoke, as is more particularly set forth in the City Manager's letter to this Council, dated May 21,2001, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the Purchasing Manager, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 348 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35365-052101. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.133, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, John G. Moore, Jr., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office District, to CN, Neighborhood Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 21, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 133 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 1901 Memorial Avenue, S.W., and designated on Sheet No. 133 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1330303, be, and is hereby rezoned from C-1, Office District, to CN, Neighborhood Commercial District, as set forth in the Petition filed in the Office of the City Clerk on March 1, 2001, and that Sheet No. 133 of the Zone Map be changed in this respect. 349 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35366-052101. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, Oakley L. Covey has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RS-2, Residential Single Family District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 21, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 35O WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 521 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That property located at 3233 Old Salem Road, S.W., and designated on Sheet No. 521 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5210402, be, and is hereby rezoned from LM, Light Manufacturing District, to RS-2, Residential Single Family District, as set forth in the Petition filed in the Office of the City Clerk on February 27, 2001, and that Sheet No. 521 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35367-052101. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance. 351 WHEREAS, CHS, Inc., and Moore's Lumber and Building Supplies, Inc., have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered bythe applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 21, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land containing 7.2716 acres, located on the north side of Franklin Road, S.W., at its intersection with Roberts Road, S.W., and designated on Sheet No. 128 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1280602, be, and is hereby rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 3, 2001, and that Sheet No. 128 of the Zone Map be changed in this respect. 352 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35368-052101. AN ORDINANCE amending §7-1, Penalty for violations of chapter, §7-3, Building commissioner appointed enforcing official, and subsections (a) and (b) of §7-45, Ar~r~eals, of Chapter 7, Building Regulations; and amending subsection (d) of §36.1-327, Historic district re.qulations; certificate of appropriateness, and subsection (f) of §36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the building code, and the delegation of authority of those officials; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §7-1, Penalty for violations of chapter, §7-3, Building commissioner appointed enforcing official, and subsections (a) and (b) of §7-45, Appeals, of Chapter 7, Building Regulations; and subsection (d) of §36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of §36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: 353 Sec. 7-1. Penalty for violations of chapter. Unless otherwise specifically provided, any person who shall violate any provision of this chapter or any provision of the building code adopted by section 7-5, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure or do any other work in and about a building or structure in violation of an approved plan or directive of the building official or the building maintenance code official, or of a permit or certificate issued under the provisions of such code, shall be guilty of a misdemeanor and punishable in accordance with the terms of section 36-106 of the Code of Virginia (1950), as amended. Sec. 7-3. Code officials. (a) The city's building maintenance code official, as appointed by the city manager, shall be the code official responsible for inspections under, and enforcement and administration of, those provisions of the building code relating to the maintenance and repair of existing structures and equipment, as the same may be amended from time-to-time. The city's building maintenance code official is hereby authorized to delegate authority to other qualified persons to inspect under, and enforce or administer, the city's building maintenance code. (b) The city's building commissioner, as appointed by the city manager, shall be the code official responsible for inspections under, and enforcement and administration of, all provisions of the building code other than those relating to maintenance and repair of existing structures and equipment. The city's building commissioner is hereby authorized to delegate authority to other qualified persons to inspect under, and enforce or administer, all of the provisions of the building code except those relating to maintenance and repair of existing structures and equipment. 354 Sec. 7-45. Appeals. (a) Any person aggrieved by any determination or decision of the city manager made pursuant to this article shall have the right to appeal such determination or decision within twenty-one (21) calendar days of such determination to the building maintenance code official for the city. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be delivered to the building maintenance code official for the city prior to the expiration of the twenty-one (21) calendar day period. The building maintenance code official, or his designee, shall meet with the person aggrieved by the determination or decision of the city manager within five (5) business days of receipt of such notice of appeal to consider the appeal, unless the owner or his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the building maintenance code official invite to the meeting persons deemed helpful in resolving the dispute. The building maintenance code official shall render his decision within five (5) business days after such meeting. (b) Any person aggrieved by any determination or decision of the building maintenance code official made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the property maintenance code. Sec. 36.1-327. Historic district regulations; certificate of appropriateness. (d) Nothing in this section shall be construed to prevent the ordinary maintenance of any building, structure, or historic landmark in the H-I district which does not require a building permit, nor to prevent the demolition of any building, structure, or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition. "Ordinary maintenance" within the meaning of this sectionshall include a painting, provided that the color of a building or structure is not changed. However, painting of previously unpainted masonry surfaces shall require a certificate of appropriateness. Sec. 36.1-345. District regulations; certificate of appropriate. (f) This section shall not prevent the demolition or razing of a building, structure, or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition. 355 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of May, 2001. No. 35369-052101. AN ORDINANCE amending Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District; and amending of §36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 5, Special District Regulations, of Article III, District Regulations, and §36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended are hereby amended to read and provide as follows: Subdivision H. INPUD, Institutional Planned Unit Development District Sec. 36.1-395. Intent. The INPUD, Institutional Planned Unit Development District is intended to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. 356 Sec. 36.1-396. Application. (a) Any area meeting the requirements of this section may, by amendment to this chapter, be zoned INPUD, institutional planned unit development district, and such area shall be designated INPUD on the official zoning map; (b) Development within an area zoned INPUD shall occur on one (1) lot, or if more than one (1) lot, on lots which are contiguous or would be contiguous but for their separation by a street; and (c) Any such INPUD district shall consist of at least two (2) acres. Sec. 36.1-397. Permitted Uses. The following uses shall be permitted in the INPUD district: (1) Group care facilities subject to the requirements of section 36.1-560, et. seq. (2) Elementary and secondary schools. (3) Laboratories and testing facilities. (4) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises. (s) (6) (7) (8) (9) (10) Establishments engaged in the wholesale distribution of goods. Principal permitted uses in the C-2 district, not including outdoor advertising, as provided in section 36.1-206, et seq. Principal permitted uses in the C-3 district, not including outdoor advertising, as provided in section 36.1-226, et seq. Single family dwellings. Two family dwellings, provided that the lot area is seven thousand (7,000) square feet or more. Town houses subject to the requirements of section 36.1- 460, et seq. Sec. 36.1-398. Development Standards. 357 All applications for review and approval in INPUD districts shall comply with the following standards of development: (a) Maximum Floor Area Ratio: The maximum floor area ratio of all principal and accessory buildings shall be ten (10.0). (b) Yards: There shall be no minimum yard requirement, but no building within an INPUD district shall be closer than fifty (50) feet to any lot outside the INPUD district which either is a residential district or contains a residential use. (c) Height: There shall be no maximum height of structures, but any building within the INPUD district which is on a lot adjoining a lot outside the INPUD district which either is a residential district or contains a residential use, shall have a maximum height of forty-five (45) feet, unless otherwise provided for in section 36.1-409. (d) Open Space: A minimum of ten (10) percent of the gross area of the INPUD district shall be open and usable recreation space which is unencumbered by driveways or parking. When residential uses exist, or are proposed in the INPUD district, a minimum of twenty percent of the gross area of the INPUD district shall be open and useable recreation space which is unencumbered by driveways or parking. The open space area may consist of open pedestrian plazas or decks over structures which are not more than twenty (20) feet from the average ground level on which the structure is located. (e) Outdoor Storage: In the INPUD district there shall be no outdoor storage. (f) Parking: No parking area shall be closer than fifteen (15) feet to a lot outside the INPUD district which either is a residential district or contains a residential use. Parking in the INPUD district shall adhere to the requirements as set forth in Section 36.1-426 through Section 36.1-434 of the Code of the City of Roanoke (1979), as amended. Sec. 36.1-399. Application requirements. (a) The application for rezoning in an INPUD shall be filed with the City Clerk and shall include an approved institutional development plan. (b) The institutional development plan referenced in subsection (a), above, shall include a scaled development plan, pursuant to Section 36.1-570, et. seq., containing the following information, together with necessary explanatory materials: (1) The boundaries of the INPUD District involved and the ownership of properties contained therein, as well as all existing public and private streets, alleys, easements within and immediately adjacent to the district; (2) The location and use of existing buildings and the location and use of proposed buildings or major additions to 358 existing buildings; if the location or use of proposed buildings, or the use of existing buildings, is not known at the time of filing of the development plan, such location or use must be approved by the Planning Commission when such location or use becomes known to the owner; (3) The location of all existing parking facilities and the approximate location of all proposed parking facilities including surface parking lots, including the number of parking spaces for each lot or facility and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements; (4) (5) (6) (7) (8) (9) Any proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district. Any private driveways or loading areas that intersect with public rights-of-way or easements must be shown. If applicable, routes of emergency vehicles accessing the district must be delineated; Existing and proposed pedestrian routes, including links between various buildings; The general use of major existing and proposed open spaces within the site and specific features of the plan, such as screening, buffering, or retention of natural areas, which are intended to enhance compatibility with adjacent properties. Calculations of a percentage of open space for the district plan must also be included; Infrastructure plans detailing the size and location of existing storm water, sanitary sewer, and water lines. Also included shall be estimates of impacts of proposed development on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; The compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the INPUD; and Details shall be included to show that any activity producing glare will be carried on in such manner that the glare is not perceptible at or beyond the district boundary in which the activity is located. 359 Sec. 36.1-562. DIVISION 12. GROUP CARE FACILITIES Standards. (c) For those permitted in the INPUD District, the following standards shall apply: (1) (2) The number of occupants, including supervisory personnel and family members living on the premises, shall be limited to three (3) occupants for every one thousand (1,000) square feet of lot area; Each group care facility shall provide one hundred (100) square feet of open space per occupant; (3) On-site parking and exterior activity areas shall be screened from adjoining properties; and (4) Parking shall be adequate to meet the needs of staff and residents. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 360 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35370-052101. AN ORDINANCE authorizing the lease of certain City-owned property to the Commonwealth of Virginia, Department of Health, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on May 21, 2001, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with the Commonwealth of Virginia, Department of Health for the Health Center located on the southwest corner of Campbell Avenue, S.W., and Eighth Street, S.W., commonly known as 515 and 530 Eighth Street, S.W., for a three-year term beginning July 1, 2001, and ending June 30, 2004, at a total lease fee of $467,400.00, upon such terms and conditions as more particularly described in the letter to Council dated April 16, 2001. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 361 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35371-052101. AN ORDINANCE granting a revocable license to permit the construction and encroachment of an overhead projection sign extending at least eleven (11) feet above the sidewalk and approximately eighteen (18) inches into the public right-of- way adjacent to the property located at 110 Church Avenue, S.W., and bearing Official Tax No. 1012211, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on May 21, 2001, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owner, First Citizens Bank ("Licensee") and its grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1012211, otherwise known as 110 Church Avenue, S. W., within the City of Roanoke, to permit the construction and encroachment of an overhead projection sign extending at least eleven (11) feet above the sidewalk and approximately eighteen (18) inches into the public right-of-way adjacent to the property located at 110 Church Avenue, S. W., as more fully described in a letter to City Council dated May 7, 2001. 2. Said license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 362 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in the amounts not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insurers, and an endorsement by the insurance company naming the City as an additional insured must be received within thirty (30) days· Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Mr. Gary Williams, Senior Vice President, First Citizens Bank, P.O. Box 27131, Raleigh, North Carolina 27611-7131. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the appropriate officers of First Citizens Bank, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED and EXECUTED by the undersigned this , · FIRST CITIZENS BANK By: Title: day of 363 STATE OF § § To-Wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ~ day of , , by , the of First Citizens Bank, on behalf of the bank. My Commission expires: [ SEAL ] ATTEST: Mary F. Parker City Clerk Notary Public APPROVED Ralph K. Smith Mayor 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35372-060401. A RESOLUTION in memory of William Stebbins Hubard, a former member of Roanoke City Council, an exceptional businessman and an extraordinary community leader. WHEREAS, this Council learned with sorrow of the passing of William Stebbins. Hubard on May 25, 2001; WHEREAS, Mr. Hubard served on City Council from 1972 to 1980, helping put together the management team that revitalized Roanoke's downtown district and overall economic development; and WHEREAS, his business acumen helped Council create new initiatives that resulted in years of surpluses and tax cuts for Roanoke citizens; and WHEREAS, before his election to City Council, Mr. Hubard was Chairman of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority, overseeing the city's public housing and urban renewal projects; and WHEREAS, as a Council member, he became known as an ardent critic of government inefficiency, a strong supporter of Mayor Noel C. Taylor, a local champion of the United Negro College Fund and the Virginia Advisory Committee to the United States Civil Rights Commission; and WHEREAS, after retiring from the vice presidency of Shenandoah Life Insurance Company, he served from 1985 to 1990 as general manager of Center in the Square; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Stebbins Hubard sympathy. This Council hereby records its regret at the passing of William and extends to his surviving family members our deepest 365 2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Hubard's widow, Elizabeth Jeffreys Hubard. APPROVED ATTEST: Mary F. Parker City Clerk ~~l~~~Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35373-060401. A RESOLUTION AUTHORIZING THE ISSUANCE OF THREE MILLION DOLLARS ($3,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FORTHE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF A PUBLIC IMPROVEMENT PROJECT OF AND FOR SUCH CITY, CONSISTING OF CAPITAL IMPROVEMENTS TO THE ROANOKE CIVIC CENTER; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES 366 WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $3,000,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center, and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center, the City is authorized to contract a debt and to issue Three Million Dollars ($3,000,000) principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity 367 are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be approved by subsequent resolution of this Council. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. 368 SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. 369 (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made bythe Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. 370 (iii) The City will not be responsible or liable for sending transaction statements orfor maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. (a) The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement, a Detailed Notice of Sale and an Official Bid Form relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. 371 (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES 372 No. R- $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center, under 373 and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Amount) Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal to __, __ to __, __ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and ofthe accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. 374 Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ,200_. [SEAL] Attest: 375 City Clerk City Treasurer CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned proceedings. [ ], as Registrar By: Authorized Signatory Date of Authentication: ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. 376 Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 9. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the Director of Finance. If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. There shall also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such Notes and the form and other details thereof shall be approved, ratified and confirmed by subsequent resolution of this Council. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. 377 SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35374-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,372,701 Trespassing Tracking System (1) ............................. 20,000 Revenues Public Safety Trespassing Tracking System (2) ............................. $ 2,372,701 20,000 378 1) Expendable Equipment $5,000 2) Donation from Roanoke Redevelopment and Housing Authority (035-640-3331-2035) (035-640-3331-3331) $ 20,000 20,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35375~60401. A RESOLUTION authorizing the acceptance of and expressing appreciation for the monetary donation from the City of Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the City of Roanoke Redevelopment and Housing Authority a monetary donation in the amount of $20,000 to fund the implementation of the Trespassing Tracking System more particularly described in the letter of the City Manager, dated February 20, 2001. 2. This Council expresses its appreciation to the Housing Authority for the donation. 379 3. The City Clerk is directed to forward an attested copy of this resolution to Mr. John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35376-060401. A RESOLUTION authorizing the City Manager to execute an Agreement, and any other necessary documents, for acceptance of the donation of the 1218 Locomotive from the Shenandoah-Virginia Corporation, a wholly owned subsidiary of Norfolk Southern Railway Company, and expressing appreciation for the donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an Agreement and any other necessary documents, approved as to form by the City Attorney, to accept the donation of the 1218 Locomotive from Shenandoah-Virginia Corporation. 2. This Council expresses its appreciation to Shenandoah-Virginia Corporation and Norfolk Southern Railway Company for their willingness to donate the 1218 Locomotive and to the Virginia Museum of Transportation for its agreement to facilitate the donation by displaying and maintaining the 1218 Locomotive. 380 3. The City Clerk is directed to forward an attested copy of this resolution to Shenandoah-Virginia Corporation, Norfolk Southern Railway Company and the Virginia Museum of Transportation. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35378-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- r 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation, and Cultural $ 8,217,661.00 Market Building Improvements (1) ........................... 34,000.00 Reven u es First Union Penalty (2) ................................... $ 34,000.00 381 Appropriated from Third Party First Union Penalty Payment (008-530-9767-9004) (008-530-9767-1168) $34,000.00 34,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35379-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 21,090,355 Johnson and Johnson Offsite Improvements (1) ............... 1,602,000 Revenues Due from State (2) ........................................ $ 0 382 1) Appropriated from State Grant Funds 2) State Industrial Access Grant (008-002-9700-9007) (008-1251) $ (450,000) (450,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk · Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35380-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General and Capital Projects Funds Appropriations, and providing for an emergency· WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 66,853,691·00 Transfers to Other Funds (1) ............................. 67,390,565.00 383 Fund Balance Reserved for CMERP - City (2) ........................... Capital Projects Fund $ 547,300.00 Appropriations Streets and Bridges Curb to Support Drainage Projects (3) ................... $ 26,477,466.00 50,000.00 Sanitation Miscellaneous Storm Drain Phase 2 (4) ................... NPDES Phase 2 (5) .................................... 2,466,725.00 155,000.00 110,000.00 Revenues Nonoperating Transfers from Other Funds (6) ........................ 1) Transfer to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Transfer from General Fund (001~50-9310-9508) (001-3323) (008-530-9773~003) (008-530~734-9003) (008-530~736-9003) (008-110-1234-1037) $ 315,000.00 (315,000.00) 50,000.00 155,000.00 110,000.00 315,000.00 5,133,818.00 5,133,818.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35381-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-84) ..................................... $190,550,356.00 1 ) Extended Illness Leave Payment ( 001- 110 2 ) Termination Leave Wages ( 001- 110 3 ) FICA ( 001- 120 4 ) FICA ( 001- 130 5 )FICA (001- 140 6 ) Termination Leave Wages ( 001- 140 7 ) FICA ( 001- 140 8 ) Unemployment Wages ( 001- 140 9 ) Extended Illness Leave Payment ( 001- 140 10 ) Termination Leave Wages (001- 140 11 ) FICA ( 001- 150 12 ) Termination Leave Wages ( 001- 210 13 ) Termination Leave Wages ( 001- 220 14 ) FICA ( 001- 240 15 ) Termination Leave Wages ( 001- 240 16 ) FICA ( 001- 250 17 ) Termination Leave Wages ( 001- 250 18 ) FICA ( 001- 250 19 ) Termination Leave Wages (001- 250 20 ) Unemployment Wages ( 001- 250 21 ) Termination Leave Wages ( 001- 250 22 ) FICA ( 001- 300 23 ) Unemployment Wages ( 001- 300 24 ) Termination Leave Wages ( 001- 300 -1234 -1149 ) 3,375.00 -1234 -1150 ) 815.00 -2111 -1120 ) (3,335.00) -1233 -1120) (2,686.00) -2140 -1120) (5,882.00) -2140 -1150) 770.00 -3310-1120) (10,255.00) -3310-1145) 1,686.00 -3310 -1149 ) 8,495.00 -3310 -1150 ) 37,583.00 -2210 -1120) (4,508.00) -1220 -1150 ) 4,939.00 -1120 -1150) 7,444.00 -1240 -1120) (3,394.00) -1240-1150) 670.00 -1231 -1120) (7,593.00) -1231 -1150 ) 7,828.00 -1232 -1120 ) (3,004.00) -1232 -1150 ) 318.00 -9110-1145) $ (35,000.00) -9110-1150) (91,275.00) -1211 -1120 ) (18,888.00) -1211 -1145 ) 1,201.00 -1211 -1150 ) 45,917.00 385 25 ) 26 ) 27 ) 28 ) 2g ) 30 ) 31 ) 32 ) 33 ) 34 ) 35 ) 36 ) 37 ) 38 ) 3g ) 40 ) 41 ) 42 ) 43 ) 44 ) 45 ) 46 ) 47 ) 48 ) 4g ) 50 ) 51 ) 52 ) 53 ) 54 ) 55 ) 56 ) 57 ) 58 ) 5g ) 60 ) 61 ) 62 ) 63 ) 64 ) 65 ) 66 ) 67 ) 68 ) FICA ( 001- 310 Termination Leave Wages (001- 310 FICA ( 001- 410 Unemployment Wages ( 001- 410 FICA ( 001- 420 Termination Leave Wages (001- 430 FICA ( 001- 430 Unemployment Wages ( 001- 430 Termination Leave Wages (001- 430 Termination Leave Wages ( 001- 440 FICA ( 001- 440 Termination Leave Wages ( 001- 440 FICA ( 001- 440 Termination Leave Wages ( 001- 440 FICA ( 001- 520 FICA ( 001- 520 FICA ( 001- 520 Termination Leave Wages ( 001- 520 FICA ( 001- 520 FICA ( 001- 530 FICA ( 001- 530 Unemployment Wages ( 001- 530 Termination Leave Wages (001- 530 Termination Leave Wages (001- 530 FICA ( 001- 530 Unemployment Wages ( 001- 530 Termination Leave Wages (001- 530 FICA ( 001- 560 Termination Leave Wages ( 001- 610 FICA ( 001- 620 Unemployment Wages ( 001- 620 Termination Leave Wages ( 001- 620 FICA ( 001- 620 Unemployment Wages ( 001- 620 Termination Leave Wages ( 001- 620 Unemployment Wages ( 001- 630 Termination Leave Wages (001- 630 FICA ( 001- 630 Unemployment Wages ( 001- 630 Termination Leave Wages (001- 630 FICA ( 001- 630 Termination Leave Wages ( 001- 630 FICA ( 001- 630 Termination Leave Wages ( 001- 631 -352O -1120 ) -8120 -1150 ) -1212 -1120 ) -1213 -1145 ) -1261 -1120 ) -4130-1150 ) -4170-1120 ) -4170 -1145 ) -4170 - 1150 ) -1237 -1150 ) -4220 - 1120 ) -4220 -1150 ) -4330 -1120 ) -4330 -1150 ) -3211 -1120 ) -3212 -1120 ) -3213 -1120 ) -3213 -1150 ) -3521 -1120 ) -4110 -1120 ) -4160 -1120 ) -4210 -1145 ) -4210 -1150 ) -4211 -1150 ) -4310 -1120 ) -4310 -1145 ) -4310 -1150 ) -3410 -1120 ) -8110 -1150 ) -4340 -1120 ) -434O -1145 ) -434O -1150 ) -7110 -1120 ) -7110 -1145 ) -7110 -1150 ) -1270 -1145 ) -5311 -1150 ) -5313 -1120 ) -5313 -1145 ) -5313 -1150 ) -5314 -1120 ) -5314 -1150 ) -5316 -1120 ) -335O -1150 ) ($ 3,735.00) $15,821.00 (7,135.00) $186.00 (4,811.00) 1,571.00 2,716.00 4,288.00 5,886.00 3,575.00 (8,390.00) 3,611.00 (14,406.00) 1,609.00 (3,209.00) (5,402.00) 15,652.00 21,839.00 (18,029.00) (10,895.00) (2,782.00) 378.00 7,792.00 362.00 (10,162.00) 3,714.00 3,035.00 (2,755.00) 5,106.00 (21,548.00) 9,811.00 3,094.00 (4,060.00) 678.00 17,125.00 9,838.00 16,001.00 (7,380.00) 3,215.00 19,330.00 $ (7,894.00) 13,151.00 (2,748.00) 694.00 386 69 ) Termination Leave Wages 70 ) Extended Illness ( 001- 631-3360-1150 ) Leave Payment ( 001- 640 71 ) Termination Leave Wages ( 001- 640 72 ) FICA ( 001- 640 73 ) FICA ( 001- 640 74 ) Unemployment Wages ( 001- 640 75 ) Extended Illness Leave Payment ( 001- 640 76 ) Termination Leave Wages ( 001- 640 77 ) FICA ( 001- 640 78 ) Termination Leave Wages ( 001- 640 79 ) FICA ( 001- 640 80 ) FICA ( 001- 640 81 ) Termination Leave Wages ( 001- 640 82 ) FICA ( 001- 650 83 ) Extended Illness Leave Payment ( 001- 650 84 ) Termination Leave Wages ( 001- 650 -3111 -1149 ) -3111 -1150 ) -3112 -1120 ) -3113 -1120 ) -3113 -1145 ) -3113 -1149 ) -3113 -1150 ) -3114 -1120 ) -3114 -1150 ) -3115-1120 ) -3530 -1120 ) -3530 -1150 ) -7310 -1120 ) -7310 -1149 ) -7310 -1150 ) $1,950.00 895.00 5,728.00 (9,326.00) (42,637.00) 777.00 $5,427.00 27,804.00 9,762.00 5,519.00 ( 107.00) (3,631.00) 500.00 (9,632.00) 1,023.00 15,990.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED K. Smith Mayor 387 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35382-060401. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 27,379,089.00 VlSSTA (1) ......................................... 317,789.00 Reve n u es Grants-in-Aid Commonwealth (2) ........................ $ 46,332,925.00 1) Other Rental (001-630-5318-3075) $ 30,984.00 2) VlSSTA (001-110-1234-0671 ) 30,984.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ~~ ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 388 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35383-060401. A RESOLUTION authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of space at 210 First Street, for use by the City of Roanoke, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with First Campbell Square, LLC for the lease of 2,200 square feet of space within First Campbell Square located at 210 First Street, S.W., for use as a computer lab for training purposes by the VlSSTA Program; such lease shall be for a term beginning May 1, 2001, or the date that the premises are ready for occupancy, until April 30, 2006, at a rate of $2,582.00 per month; and shall be upon the terms and conditions as more particularly described in the letter to this Council dated June 4, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35384-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. 389 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Regional Disability Services Board, Brain Injury Association of Virginia (1) ........................................ 3,339,998.00 7,000.00 Revenues Health and Welfare Regional Disability Services Board, Brain Injury Association of Virginia (2) ......................................... $ 3,339,998.00 7,000.00 1) Fees for Professional Services 2) Regional Disability Services Board Grant, Brain Injury Association of Virginia (035-630-5190-2010) $ (035-630-5190-5190) 7,000.00 7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Ma/~~ F. Partaker'~' City Clerk Mayor 390 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35385-060401. AN ORDINANCE amending and reordaining subsection (b) of §24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, to allow for consumption and possession of alcoholic beverages at private events, pursuant to issuance of a City alcohol permit, at Mountain View and the Discovery Center; amending the Fee Compendium to reflect a new refundable damage/clean-up deposit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 24-97. Possession or consumption of alcoholic beverages. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park (including the Discovery Center), Mountain View and First Union Plaza at Market Street, S.E., adjacent to the Market Square Walkway ("First Union Plaza"), hereinafter collectively referred to as the "designated park facilities," under the following conditions: (1) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an Alcohol Permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the Alcohol Permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the State Department of Alcoholic Beverage Control ("ABC Board"). The issuance of the City's Alcohol Permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the City's Alcohol Permit. A copy of the ABC permit shall be filed with the city manager at least 391 three (3) business days before the first day of the event which is the subject of the City's Alcohol Permit; (2) Only section 501(c) nonprofit organizations under Title 26 of the United States Code may apply for the City's Alcohol Permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and First Union Plaza. Any person or entity may apply for the City's Alcohol Permit for Mountain View and the Discovery Center; (6) Any applicant which is a section 501(c) nonprofit organization under Title 26 of the United States Code which applies for a City Alcohol Permit shall produce, at the time of application, written evidence, satisfactory to the city manager, of its status as a section 501(c) nonprofit organization under Title 26 of the United States Code; 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fee of two hundred dollars ($200.00) for a damage/clean-up deposit for events serving alcohol, and one hundred dollars ($100.00) for events not serving alcohol, pursuant to §24-97(b)(9) of the Code of the City of Roanoke (1979), as amended. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee and deposit established by this Resolution shall remain in effect until amended by this Council. 392 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35386-060401. A RESOLUTION authorizing the acceptance of two bids, and execution of a contract with Cycle Systems, Inc., for the provision of recycling services for paper commodities, and for bottle and can commodities, upon certain terms and conditions, and rejecting all other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Cycle Systems, Inc., for the provision of recycling services for paper commodities, as more particularly described in the June 4, 2001, letter to this Council, is hereby ACCEPTED. 2. The bid of Cycle Systems, Inc., for the provision of recycling services for bottle and can commodities, as more particularly described in the June 4, 2001, letter to this Council, is hereby ACCEPTED· 3. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contracts with Cycle Systems, Inc., upon form approved by the City Attorney, for the services listed above, upon the bid prices and such terms and conditions as are more fully set out in the letter to this Council dated June 4, 2001. 393 4. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's appreciation for such bid. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35387-060401. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-193) ................................... 1 ) Department of Technology 2) Department of Technology-PC Rental ( 001- 110-1110-7005) $190,550,356.00 ($ 20,308.00) ( 001- 110-1110-7007) ( 6,981.00) 394 3) 4) s) 6) Risk Management- Overhead 7) Department of Technology 8) Department of Risk Management- ( Overhead Department of ( Technology Department of Technology- PC Rental ( ( Technology- PC Rental ( 001- 110-1110-7017 ) 001- 120-2111-7005 ) 001- 001- 001- 120-2111-7007 ) 120-2111-7017 ) 121-2130-7005 ) 001- 121 -2130 -7007 ) ($126.00) 535.00 (1,ooo.oo) (189.00) (1,106.00) 540.00 9) Department of Technology 10 ) Department of Technology 11 ) Department of Technology- PC Rental ( 12) Risk Management- ( Overhead 13) Risk Management- ( Overhead 14) Fleet Management ( 15) Department of ( Technology 16) Department of Technology- PC Rental ( 17) Risk Management- ( Overhead 18) Fleet Management 19) Department of Technology 20) Department of Technology- PC Rental ( 21) Management Services ( 22) Risk Management- ( Overhead 23) Department of ( Technology 24) Department of Technology- PC Rental ( 25) Department of ( Technology 26) Department of Technology- PC Rental ( ( 001- 124-2120-7005) ( 001- 130-1233-7005) 001- 130-1233-7007 ) 001- 130-1233-7017 ) 001- 140-2140-7017 ) 001- 140-2140 -7025 ) 001- 140-3310-7005 ) 001- 140-3310 -7007 ) 001- 140-3310 -7017 ) 001- 140-3310 -7025 1 $ 001 150-2210-7005 001- 001- 001- 150-2210-7007 ) 150-2210-7015 ) 150-2210-7017 ) 001- 200-1110-7005 ) 001- 200-1110-7007 ) 001- 210-1220-7005 ) 001- 210-1220-7007 ) 328.00 23,047.00 (5,320.00) (133.00) (270.00) (3,551.00) 43,540.00 9,097.00 (888.00) 13,186.00 (168.00) (1,718.00) (1,091.00) ( 133.00) 8,629.00 (1,231.00) 974.00 ($ 2,383.00) 27) 28) Department of ( Technology Department of Technology- PC Rental ( 29) 30) 31) 32) 33) 34) Department of ( Technology Department of ( Technology Risk Management- ( Overhead Department of ( Technology Department of ( Technology Department of Technology- PC Rental ( 35) Risk Management- ( Overhead 36) Department of ( Technology 37) Department of Technology- PC Rental ( 38) Fleet Management ( 39) Fleet Rental ( 40) 41 ) 42) 43) 44) 45) 46) 47) 48) 49) 50) Department of Technology- PC Rental ( Department of ( Technology Department of Technology- PC Rental ( Management Services ( Fleet Management ( Fleet Rental ( Department of ( Technology Department of Technology- PC Rental ( Management Services ( Fleet Management ( Fleet Rental ( 001- 220-1120-7005 ) 001- 220-1120-7007 ) 001- 230-1235-7005 ) 001- 230-1235-7007 ) 001- 230-1235-7017 ) 001- 240-1240-7005 ) 001- 250-1231-7005) 001- 250-1231-7007 ) 001- 250-1231-7017 ) 001- 250-1232-7005 ) 001- 250-1232-7007 ) 001- 250-1232-7025) 001- 250-1232-7027 ) 001- 260-1310-7007 ) 001- 300-1211-7005 ) 001- 300-1211-7007 ) 001- 300-1211-7015 ) 001- 300-1211-7025 ) 001- 300-1211-7027 ) 001- 310-3520-7005 ) 001- 310-3520-7007 ) 001- 310-3520-7015 ) 001- 310-3520-7025) 001- 310-3520-7027 ) 395 ( $1,469.00) 263.00 16,964.00 (3,781.00) (117.00) (3,592.00) (176,943.00) (4,072.00) (174.00) 59,375.00 (12,757.00) (2,511.00) 413.00 ( 922.00) 7,484.00 1,358.00 (2,132.00) 21.00 1,436.00 (212.00) (416.00) (1,039.00) 1,128.00 (2,521.00) 396 51 ) Department of Technology 52) Department of Technology- PC Rental ( 53) Fleet Management ( 54) Fleet Rental ( 55) Department of ( Technology 56) Department of Technology- PC Rental ( 57) Management Services ( 58) Department of ( Technology 59) Department of Technology- PC Rental ( 60) Department of ( Technology 61 ) Department of Technology- PC Rental ( ( 001- 310-8120-7005 ) 001- 310-8120 -7007 ) 001- 310 -8120 -7025 ) 001- 310 -8120 -7027 ) $ 001- 410 -1212 -7005 ) 001- 410 -1212 -7007 ) 001- 410 -1212 -7015 ) 001- 410 -1213 -7005 ) 001- 410 -1213 -7007 ) 001- 420 -1261 -7005 ) 001- 420 -1261 -7007 ) $708.00 1,817.00 (1,365.00) ( 376.00) 637.00 (858.00) 8,699.00 11,703.00 (676.00) (1,286.00) 803.00 62) Management Services 63) Department of Technology 64) Department of Technology- PC Rental ( 65) Management Services ( 66) Risk Management- ( Overhead 67) Fleet Management ( 68) Fleet Rental ( 69) Fleet Management ( 70) Department of ( Technology Department of Technology- PC Rental ( 71) 72) 73) 74) 75) 76) 77) Department of ( Technology Department of Technology- PC Rental ( Risk Management-( Overhead Risk Management-( Overhead Fleet Management ( Fleet Rental ( ( 001- 420-1261 -7015) ( 001- 430-4130-7005) 001-430-4130-7007 ) 001- 430 -4130 -7015 ) 001- 430 -4130 -7017 ) 001- 430 -4130 -7025 ) 001-430-4130-7027 ) 001-430-4170-7025 ) 001-440-1237-7005 ) 001-440-1237-7007 ) 001-440-1260-7005 ) 001-440-1260-7007 ) 001-440-1260-7017 ) 001-440-4220-7017 ) 001-440-4220-7025 ) 001- 440-4220-7027 ) (1,891.00) 16,462.00 6,467.00 4,322.00) 356.00) 5,750.00) 191.00 466.00 11,717.00) 845.00) 842.00) 1,308.00) 662.00) 281.00) 630.00 34.00 397 78) Department of ( Technology 79) Department of Technology- PC Rental ( 80) Risk Management- ( Overhead 81 ) Fleet Management ( 82) Fleet Rental ( 83) Department of ( Technology 84) Department of Technology- PC Rental ( 85) Fleet Management ( 86) Fleet Rental ( 87) Fleet Management ( 88) Fleet Rental ( 89) Risk Management- ( Overhead 90) Fleet Rental ( 91 ) Department of ( Technology 92) Department of Technology- PC Rental ( 93) Risk Management- ( Overhead 94) Fleet Management ( 95) Fleet Rental ( 96) Department of ( Technology 97) Fleet Management ( 98) Fleet Rental ( 99) Fleet Management ( 100) Department of ( Technology 101 ) Department of Technology- PC Rental ( 102) Risk Management- ( Overhead 103) Fleet Management ( 104) Fleet Rental ( 105) Risk Management ( 106) Department of ( Technology 107) Department of Technology- PC Rental ( 001- 440 -4330 -7005 ) 001- 440 -4330-7007 ) 001- 440 -4330 -7017 ) 001- 440 -4330 -7025 ) 001- 440 -4330 -7027 ) 001- 520-3211 -7005 ) 001- 520 -3211 -7007 ) 001- 520 -3211 -7025 ) 001- 520 -3211 -7027 ) 001- 520 -3212 -7025 ) 001- 520 -3212 -7027 ) 001- 520 -3213-7017 ) 001- 520-3213-7027 ) 001- 520 -3521 -7005 ) 001- 520 -3521 -7007 ) $ 001- 520 -3521 -7017 ) 001- 520 -3521 -7025 ) 001- 520 -3521 -7027 ) 001- 530 -1280 -7005 ) 001- 530-1280-7025 ) 001- 530-1280-7027 ) 001- 530-3213-7025 ) 001- 530-4110-7005 ) 001- 530-4110 -7007 ) 001- 530-4110 -7017 ) 001- 530-4110-7025 ) 001- 530 -4110-7027 ) 001- 530-4140-7025 ) 001- 530-4140-7005 ) 001- 530-4160-7007 ) $2,596.00 ( 845.00) ( 288.00) ( 3,434.00) ( 894.00) (18,368.00) 775.00 1,732.00 289.00 ( 5,406.00) 456.00 ( 1,771.00) (13,804.00) ( 6,596.00) ( 754.00) ( 257.00) 6,132.00 1,213.00 277.00 ( 341.00) 186.00 6,827.00 2,963.00 ( 399.00) 2,678.00 37,366.00 36,644.00 151.00 736.00 ( 983.00) 398 108) Risk Management- Overhead 109) Fleet Management 110) Fleet Rental 111) 112) 113) 114) 115) 116) 117) 118) 119) 120) ( 001- 530-4160-7017 ) 001- 530 -4160 -7025 001 530 -4160 -7027 Department of Technology Department of Technology- PC Rental ( Risk Management- ( Overhead Fleet Management Fleet Rental Department of Technology Fleet Management Fleet Rental Department of Technology Department of Technology- PC Rental ( 121 ) Management Services 122) Risk Management- Overhead 123) Fleet Management 124) Fleet Rental 125) Department of Technology 126) Department of Technology- PC Rental ( 127) Risk Management- ( Overhead ( 001- 530 -4210 -7005 ) 128) Fleet Management ( 129) Fleet Rental ( 130) Department of ( Technology 001- 530-4210-7007 ) 001- 530-4210-7017 ) 001- 530 -4210 -7025 001 530-4210-7027 001 530 -4211 -7005 ( 001- 530 -4211 -7025 ) 001- 530-4211-70271 001 530-4310-7005 001- 530-4310-7007 ) ( 001- 530-4310-7015 ) ( 001- 530-4310-7017 ) ( 001- 530-4310-7025 ) ( 001- 530-4310-7027 ) ( 001- 560-3410-7005 ) 001- 560-3410-7007 ) 001- 560 -3410-7017 ) 001- 560-3410-7025 ) 001- 560 -3410-7027 ) 001- 610-8110-7005 ) ( ( ( $ 207.00) 4,251.00 (897.00) 3,817.00 310.00 268.00 2,956.00 (3,382.00) 1,076.00 19,686.00) 5,061.00 3,400.00) 26,247.00) 443.00) 5,363.00 1,516.00 1,693.00) 107,196.00 13,850.00 147.00) 2,319.00) 55.00) 9,156.00 399 132) 133) 134) 135) 131 ) Department of Technology- PC Rental ( Risk Management- ( Overhead Fleet Management ( Fleet Rental ( Department of ( Technology 136) Department of Technology- PC Rental ( 137) Risk Management- ( Overhead 138) Fleet Management ( 139) Fleet Rental ( 140) Department of ( Technology 141 ) Department of Technology- PC Rental ( 142) Fleet Management ( 143) Fleet Rental ( 144) Department of ( Technology 145) Department of Technology- PC Rental ( 146) Risk Management- ( Overhead 147) Department of ( Technology 148 ) Department of Technology- PC Rental ( 149) Department of ( Technology 150) Department of Technology- PC Rental 151 ) Risk Management- Overhead 152) Risk Management- Overhead 153) Risk Management- Overhead 154) Fleet Management 155) Fleet Rental 156) Risk Management- Overhead 157) Risk Management- Overhead 158) Fleet Management 001- 610-8110 -7007 ) 001- 610-8110 -7017 ) 001- 610-8110-7025 ) 001- 610-8110-7027 ) 001- 620-4340-7005) 001- 620-4340-7007 ) 001- 620-4340 -7017 ) 001- 620-4340-7025) 001- 620-4340-7027 ) 001- 620-7110-7005 ) 001- 620 -7110-7007 ) 001- 620-7110-7025 ) 001- 620-7110 -7027 ) 001- 630-1270-7005 ) 001- 630 -1270 -7007 ) 001- 630-1270-7017 ) 001- 630 -5110 -7005 ) 001- 630-5110-7007 ) 001- 630-5311-7005) 001- 630-5311-7007) 001- 630-5311-7017 ) 001- 630-5313-7017 ) 001- 630-5314-7017 ) 001- 630-5314-7025 ) 001- 630-5314-7027 ) 001- 630-5316-7017 ) 001- 630 -5318-7017 ) 001- 630-5318-7025 ) $ 2,589.00 60.00 2,388.00 4,622.00 314.00 (25,3O5.OO) 266.00 (42,358.00) (23,246.00) 11,298.00 20,274.00 ( 4,604.00) 727.00 1,656.00 (3,169.00) ( 994.00) 830.00 ( 845.00) ( 2,896.00) 4,495.00 ( 192.00) ( 713.00) ( 606.00) ( 2,013.00) 1,718.00 ( 167.00) ( 249.00) $683.00 400 159) 160) 161) Department of Technology- PC Rental ( Department of Technology- PC Rental ( Department of ( Technology 162) Department of Technology- PC Rental ( 163) Fleet Management 164) Fleet Rental 165) Department of Technology- PC Rental ( 166) Fleet Management ( 167) Fleet Rental ( 168) Department of Technology- PC Rental ( 001- 630-8170-7007 ) 001- 631-3330-7007 ) 001- 631-3350-7005 ) 001- 631-3350-7007 ) 001- 631-3350-7025 ) 001- 631-3350-7027 ) 001- 631-3360-7007 ) 001- 631-3360-7025) 001- 631-3360-7027 ) 001- 640 -3111 - 7007 ) 169) Fleet Management ( 001- 640-3111 -7025 ) 170) Fleet Rental ( 001- 640-3111 -7027 ) 171) Risk Management- ( 001- 640 -3112 -7017 ) Overhead 172) Fleet Management ( 001- 640 -3112 -7025 ) 173) Fleet Rental ( 001- 640 -3112 -7027 ) 174) Department of ( 001- 640 -3113 -7005 ) Technology 175) Management Services ( 001- 640-3113-7015 ) 176) Risk Management- ( 001- 640 -3113 -7017 ) Overhead 177) Fleet Management ( 001- 640 -3113 -7025 ) 178) Fleet Rental ( 001- 640-3113 -7027 ) 179) Department of ( 001- 640 -3114-7005 ) Technology 180) Management Services ( 001- 640-3114-7015 ) 181) Risk Management- ( 001- 640 -3114-7017 ) Overhead 182) Fleet Management ( 001- 640 -3114-7025 ) 183) Fleet Rental ( 001- 640 -3114-7027 ) 184) Fleet Management ( 001- 640 -3115-7025 ) 185) Fleet Rental ( 001- 640 -3115-7027 ) 186) Fleet Management ( 001- 640 -3530 -7025 ) 187) Fleet Rental ( 001- 640 -3530 -7027 ) $1,386.00 ( 538.00) ( 118.00) 846.00 3,540.00 91.00 460.00) 1,291.00) 1,157.00 1,528.00) 979.00) 771.00 406.00) 7,317.00) 192.00 6,941.00 2,059.00) 5,019.00 25,660.00) 29,874.00 86,852.00) 4,278.00 4,012.00) 360.00 120.00 3,317.00 3,589.00 2,263.00) 2,325.00 401 188) Department of Technology- PC Rental ( 189) Department of ( Technology 190) Department of Technology- PC Rental ( 191 ) Risk Management- ( Overhead 192) Fleet Management ( 193) Fleet Rental ( 001- 650-2150-7007 ) 001- 650-7310-7005 ) 001- 650-7310-7007 ) 001- 650-7310 -7017 ) 001- 650-7310-7025 ) 001- 650-7310-7027 ) ( $814.00) ( 3,370.00) 41,286.00 ( 316.00) ( 150.00) 107.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35389~60401. AN ORDINANCE amending subsection (4) of §32-169, Electric consumer utility tax, and subsection (4) of §32-170, Natural gas utility tax, of Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by changing the utility tax due date for electric and gas utilities from the twentieth of the month to the date on or before the last day of the succeeding month of collection, in compliance with the Code of Virginia; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 402 1. Subsection (4) of §32-169, Electric consumer utility tax, and subsection (4) of §32-170, Natural gas utility tax, of Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 32-169. Electric consumer utility tax. (4) The service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the same to the city on a monthly basis. Such taxes shall be paid by the service provider to the city in accordance with section 58.1-3814, paragraphs F and G, section 58.1-2901, Code of Virginia (1950), as amended. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof must apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to the city. (a) (b) Every seller with respect to which a tax is levied under this article shall make out a report, upon such form and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance if such tax. Such reports and remittance shall be made on or before the last day of the succeeding month of collection covering the amount of tax collected during the 'preceding month. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the city. 403 Sec. 32-170. Natural flas utility tax (4) The service provider shall bill the local natural gas utility tax to all users who are subject to the tax and to whom it delivers natural gas and shall remit the same to the city on a monthly basis. Such taxes shall be paid by the service provider, to this jurisdiction in accordance with section 58.1-3814, paragraphs H. and I. and section 58.1-2901, Code of Virginia (1950), as amended. (a) If any consumer receives and pays for gas but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or nay part thereof must apportion the net amount collected between the charge for natural gas service and the tax and remit the tax portion to the city. (b) Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected, and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the last day of the succeeding month of collection covering the amount of tax collected during the preceding month. (c) Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the city. 2. The City Clerk is directed to send forthwith an attested copy of this ordinance, by certified mail, to the registered agent of every utility corporation or private distribution company affected by this ordinance, in conformance with §58.1-3814. B., Code of Virginia. 404 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after June 4, 2001. APPROVE~~ ATTEST:/~~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35390-060401. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Personal Services (1) .............................. Contractual Services (2) ............................ Other Charges (3-5) ................................ 350,000.00 100,000,00 $ 50,000.00 200,000.00 405 Revenues Nonoperating City Contribution (6) ............................... Virginia Tech Contribution (7) ....................... $ 350,000.00 175,000.00 175,000.00 1) Regular Employee Salaries 2) Fees for Professional Services 3) Training and Development 4) Administration 5) Furniture and Equipment $2,500 6) City Contribution 7) Virginia Tech Contribution (010-320-9500-1002) (010-320-9500-2010) (010-320-9500-2044) (010-320-9500-2092) (010-320-9500-9005) (010-320-1234-1125) (010-320-1234-1128) $100,000.00 50,000.00 2,000.00 8,000.00 190,000.00 175,000.00 175,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35391-060401. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2001-2002. 406 WHEREAS, §21 of the Hotel Roanoke Conference Center Commission Act (Chapter 440 of 1991 Acts of Assembly) requires that eachparticipating party approve the Commission's proposed operating budget for the forthcoming fiscal year; WHEREAS, the Commission has submitted to this Council a proposed operating budget showing estimated revenues in the amount of $3,772,000 and expenses in the amount of $3,772,000 for Fiscal Year 2001- 2002, with the City share of the operating subsidy being established at $175,000; and WHEREAS, this Council desires to approve such proposed budget; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the annual operating budget for the Hotel Roanoke Conference Center Commission for Fiscal Year 2001-2002, a copy of which is attached to the report of the Director of Finance to this Council, dated June 4, 2001, with the City's share of the operating subsidy being established at $175,000, is hereby approved. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35392-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. 407 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY01 $ 3,093,254.00 Community Development Block Grant Unprogrammed - FY01 (1-2) 589,957 HOME Program HOME Unprogrammed - FY01 (3) ...................... $ 4,671,079.00 40,121.00 Revenues Community Development Block Grant FY01 (4-9) .......... $ 3,093,254.00 HOME Program (10) .................................. 4,671,079.00 1) Unprogrammed CDBG - Other 2) Unprogrammed CDBG - RRHA 3) Unprogrammed HOME Funds 4) Parking Lot Income 5) Other Program Income - RRHA 6) Williamson Road Garage 7) Home Ownership Assistance 8) Rental Rehabilitation Replacement 9) Land Sale 10) HOME Loan Replacement (035-G01-0140-5189) (035-G01-0140-5197) (035-090-5323-5320) (03S-G01-0100-0002) (035-G01-0100-0003) (035-G01-0100-0007) (035-G01-0100-0022) (035-(}01-0100-0040) (035-G01-0100-0042) (035-035-1234-7235) $66,979.00 189,007.00 11,516.00 25,900.00 28,604.00 60,050.00 6,929.00 30,118.00 $104,385.00 11,516.00 408 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED ~i~~ K 8~m' ith~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35393-061801. A RESOLUTION expressing appreciation and recognition of the work of Deborah J. Moses, Executive Director of the Hotel Roanoke Conference Center Commission. WHEREAS, the Hotel Roanoke Conference Center Commission was established by resolutions adopted by Virginia Polytechnic Institute and State University on November 18, 1991, and by Roanoke City Council on April 14, 1992, pursuant to Chapter 440 of the 1991 Acts of the Assembly of the Commonwealth of Virginia, adopted March 20, 1991; and WHEREAS, Deborah J. Moses assumed the role of Executive Director of the Commission in 1996; and WHEREAS, since taking office five years ago, Ms. Moses has worked Herculean hours on construction problems at the Conference Center and on subsequent litigation filed by the Commission in its effort to resolve those problems; and 409 WHEREAS, under her direction the Commission's engineers, lawyers and consultants designed remediation projects that enabled the Conference Center to remain open to the maximum extent feasible during repairs that began in 1999 and culminated in the slag removal project in 2001; and WHEREAS, as a direct result of Ms. Moses' industry, crisis management and extensive planning, the construction litigation was resolved favorably; the slag removal project was completed ahead of schedule; and the Commission emerged in a strong financial condition· THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Deborah J. Moses be recognized with gratitude for her hard work, excellent leadership and exemplary performance. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35394-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 410 Appropriations Judicial Administration $ 774,251.00 Compensation Board - Technology Trust Funds FY 2002 (1) ....... 20,191.00 Revenues JudicialAdministration $ 774,251.00 Compensation Board - Technology Trust Funds FY 2002 (2) ....... 20,191.00 1) Furniture and Equipment $5,000 2) State Grant Receipts (035-120-5142-9005) (035-120-5142-5142) $ 20,191.00 20,191.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35395~61801. A RESOLUTION authorizing the City Manager to execute the requisite grant agreement or documents necessary to accept a grant of funds from the Compensation Board-Technology Trust Fund in order to provide an upgrade of current Optical Character Recognition System in the Clerk of Court's Office. WHEREAS, the Clerk of Circuit Court is responsible, by statue, for the recordation of legal instruments which must be maintained and be available to the public; 411 WHEREAS, in order to upgrade the Optical Character Recognition System, a records management system used in the Office of the Clerk of Circuit Court, an award of funds in the amount of $20,191.00 is available from the Compensation Board-Technology Trust Fund. THEREFORE, BE IT RESOLVED by the Council as follows: 1. The City Manager is hereby authorized to execute the requisite grant agreement or documents necessary to accept the offer of the Compensation Board-Technology Trust Fund in the amount of $20,191.00 to be used for an upgrade of certain records management equipment in the Office of the Clerk of Circuit Court. 2. The City Clerk is directed to forward an attested copy of this resolution to Bruce W. Haynes, Executive Secretary, State Compensation Board, and to the Honorable Arthur B. Crush, III, Clerk, Roanoke City Circuit Court. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35396~61801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 412 - Appropriations Education Instruction (1) .......................................... $ 99,279,281.00 38,240,104.00 Revenues Education Nonoperating (2) ........................................ $ 99,279,281.00 46,408,753.00 1) Compensation of Teachers 2) Transfer from General Fund (030-060-6001-6102-0121 ) (030-060-6000-1037) $ 54,630.00 54,630.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35397-061801. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School and School Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 413 School Fund Appropriations Education CSRD Grant - Noel Taylor Learning Academy 2001-02 (1-10) .... Thurman Foundation for Children 2001-02 (11) ............... Revenues Education CSRD Grant - Noel Taylor Learning Academy 2001-02 (12) .... Thurman Foundation for Children 2001-02 (13) .............. School Capital Projects Fund Appropriations Education Fairview Elementary School Improvements (14) ............. Fishburn Park Elementary School Improvements (15) ......... Revenues Education State Grants - Schools (16-17) ............................ 1) Compensation of Substitute Teachers (030-062-6187-6000-0021) 2) Supplements (030-062-6187-6000-0129) 3) Social Security (030-062-6187-6000-0201) 4) Mileage (030-062-6187-6000-0551) 5) Testing/Evaluation Dissemination (030-062-6187-6000-0584) 6) Parent Involvement (030-062-6187-6000-0585) 7) Other Miscellaneous Payments (030-062-6187-6000-0586) 8) Inservice Workshops (030-062-6187-6000-0587) 9) Office Supplies (030-062-6187-6000-0601) 10) Educational and Recreational Supplies (030-062-6187-6000-0614) 11) Tuition - Private Schools (030-062-6607-6100-0312) $ 9,600.00 2,787.00 213.00 2,500.00 3,775.00 14,000.00 10,625.00 1,500.00 1,500.00 $ 3,500.00 7,500.00 129,074,560.00 50,000.00 7,500.00 126,216,230.00 50,000.00 7,500.00 23,570,210.00 2,468,398.00 2,378,554.00 16,966,462.00 15,946,724.00 414 12) Federal Grant Receipts 13) Outside Third Parties 14) Appropriated from Literary Loan/ VPSA Bond 15) Appropriated from Literary Loan/ VPSA Bond 16) Literary Loan - (030-062-6187-1102) (030-062-6607-1192) (031-060-6056-6896-9006) (031-060-6057-6896-9006) Fairview Elementary (031-060-6056-1268) 17) Literary Loan/ Fishburn Park Elementary (031-060-6057-1269) $ 50,000.00 7,500.00 66,485.00 54,260.00 66,485.00 54,260.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35398-061801. A RESOLUTION authorizing the execution of an Agreement between the City of Roanoke, Virginia, and the History Museum and Historical Society of Western Virginia (Society) providing for the operation of the old Crystal Spring Steam Pumping Station Museum by the Society under certain terms and conditions; and authorizing the City Manager to take such further action as is necessary to implement and administer the terms of such Agreement. 415 WHEREAS, the Society has offered to reopen, renovate, maintain, and operate the old Crystal Spring Steam Pumping Station Museum located within the City property designated as Crystal Spring Park fronting Jefferson Street in Roanoke, Virginia, as a museum exhibit for the education, enjoyment and general welfare of the residents of and visitors to the City of Roanoke, and the City wishes to accept such offer. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an Agreement between the City of Roanoke, Virginia, and the History Museum and Historical Society of Western Virginia that will provide for the Society to operate the old Crystal Spring Steam Pumping Station Museum under certain terms and conditions as contained in the Agreement which is attached to the City Manager's letter to this Council dated June 18, 2001. 2. The Agreement shall be in substantially the same form as that which is attached to the above mentioned City Manager's letter, and shall be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further action as may be necessary to implement and administer the terms of the Agreement referred to above. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 416 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35401-061801. A RESOLUTION authorizing the acceptance of a Bulletproof Vest Partnership Grant from the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice, a Bulletproof Vest Partnership Grant in the amount of $14,515, such grant being more particularly described in the letter of the City Manager, dated June 18, 2001, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Department of Justice; any such documentation to be approved as to form by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35402-061801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. 417 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Human Services Emergency Shelter Grant FY02 (1-4) .................... $ 2,428,70.00 76,000.00 Revenues Human Services Emergency Shelter Grant FY02 (5) ...................... $ 2,428,701.00 76,OO0.00 1) TRUST Shelter 2) Roanoke Area Ministries 3) TAP Transistional Living Center 4) Roanoke Valley Interfaith Hospitality Network 5) Emergency Shelter Grant (035-630-5172-5251) (035-630-5172-5252) (03S-630-S172-S253) (035-630-5172-5254) (035-630-5172-5172) $ 30,000.00 27,000.00 15,000.00 4,000.00 76,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35403-061801. A RESOLUTION accepting the Fiscal year 2001-2002 funds for the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2001-2002 funds for the Emergency Shelter Grant Program are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter to this Council dated June 18, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35404-061801. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Grant Fund Appropriations, and providing for an emergency. 419 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development - HOME Program HOME Investment Partnership - FY02 (1-5) ................ HOME Investment Partnership - FY00 (6-7) ................ HOME Investment Partnership - FY99 (8-9) ................ HOME Investment Partnership - FY98 (10-12) .............. HOME Programmed Income- FY00 (13-14) ................. Revenues Community Development - HOME Program HOME Investment Partnership FY02 (15) .................. 1) RRHA General Administration 2) RRHA Washington Park/HOPE VI (035~90-5309-5329) (035-090-5309-5383) $ 5,412,563.00 753,000.00 677,OOO.00 628,000.00 591,000.00 178,311.00 $ 5,412,563.00 753,000.00 $ 50,000.00 150,000.00 3) RRHA Consolidated Loan Program 4) BRHDC Connect Four 5) Contingency for Cost Overruns 6) RRHA Consolidation Loan Program 7) NNEO FairfaxAvenue 8) RRHA Consolidated Loan Program (035~90-5309-5333) (035~90-5309-5354) (035~90-5309-5346) (035~90-5305-5333) (035~90-5305-5341) (035-090-5306-5333) 302,358.00 212,950.00 37,692.00 $ 4,236.OO (4,236.00) 4,000.00 420 9) Contingency for Costs Overruns 10) RRHA Consolidated Loan Program 11) HOME Downpayment/ Closing Assistance 12) RRHA HOP Subsidy Program 13) RRHA Consolidated Loan Program 14) Unprogrammed - HOME 15) Federal Grant Receipts (035-090-5306-5346) (035-090-5307-5333) (035-090-5307-5240) (035-090-5307-5338) (035-090-5322-5333) (035-090-5322-5320) (035-090-5309-5309) (4,000.00) 14,826.00 (12,400.00) (2,426.00) 18,335.00 (18,335.00) 753,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35405-061801. A RESOLUTION accepting the Fiscal Year 2001-2002 funds for the HOME Investment Partnerships (HOME) Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). 421 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2001-2002 funds for the HOME Program are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with HUD for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set forth in the City Manager's letter to this Council dated June 18, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35406-070201. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Grant Fund Appropriations. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant $12,901,420.00 422 Community Community Community Community Development Block Grant FY02 (1-74) ............ Development Block Grant FY01 (75-79) ............ Development Block Grant FY00 (80-82) ............ Development Block Grant FY99 (83-84) ............ Community Development Block Grant FY98 (85-86) ............ Community Development Block Grant FY97 (87-88) ............ Community Development Block Grant FY96 (89-90) ............ Community Development Block Grant FY95 (91-92) ............ Revenues Community Development Block Grant Community Development Block Grant FY 02 (93-104) .......... 1) Critical Assistance for the Elderly Support (035-G02-0210-5002) 2) Consolidated Rehab Program Support - UDAG (035-G02-0210-5030) 3) RRHA General Administration (035-G02-0210-5035) 4) Consolidated Rehab Program Support - CDBG 5) Quick Response to Emergencies Support 6) Washington Park Support 7) Critical Assistance for the Elderly 8) Empowering Individuals With Disabilities 9) Demolition 10) Consolidated Loan Program Part 1 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) Quick Response to Emergencies BRHDC / Habitat for Humanity Connect Four - BRHDC Regular Employee Salaries City Retirement ICMA Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance (035-G02~210-5042) (035-G02~210-5076) (035-G02~210-S282) (035-G02~220-5003) (035-G02-0220-5057) (035-G02-0220-5108) (035-G02-0220-5112) (035-G02-0220-5203) (035-G02-0220-5071) (035-G02-0220-5354) (035-G02-0222-1002) (035-G02-0222-1105) (035-G02-0222-1115) (035-G 02-0222-1116) (035-G02-0222-1120) (035-G02-0222-1125) (035-G02-0222-1126) (035-G02-0222-1130) $2,409,704.00 2,837,268.00 3,323.197.00 3,197,520.00 416,942.00 260,257.00 177,000.00 279,532.00 $12,901,420.00 2,409,704.00 10,250.00 73,333.00 20,000.00 35,317.00 4,100.00 82,000.00 90,000.00 40,000.00 90,000.00 25,000.00 45,000.00 50,000.00 150,304.00 112,854.00 5,559.00 $2,151.00 2,600.00 8,633.00 10,080.00 808.00 903.00 423 22) Disability Insurance 23) Advertising 24) Telephone 25) Telephone - Cellular 26) Administrative Supplies 27) Expendable Equipment ($5,000) 28) Motor Fuels and Lubricants 29) Dues and Memberships 30) Training and Development 31) Printing 32) Postage 33) Materials Control 34) Management Services 35) Car Insurance Premiums 36) Fleet Management (035-G02-0222-1131) (035-G02-0222-2015) (035-G02-0222-2020) (035-G02-0222-2021) (035-G02-0222-2030) (035-G02-0222-2035) (035-G02-0222-2038) (035-G02-0222-2042) (035-G02-0222-2044) (035-G02-0222-2075) (035-G02-0222-2160) (035-G02-0222-7010) (035-G02-0222-7015) (035-G02-0222-7018) (035-G02-0222-7025) $406.00 750.00 4,200.00 2,050.00 $3,000.00 5,500.00 400.00 1,000.00 2,500.00 2,116.00 5,700.00 150.00 1,000.00 1,100.00 2,500.00 37) Fleet Rental 38) Small Business Development Center/CBDI (035-G02-0222-7027) (035-G02-0230-5021) 4,040.00 125,000.00 39) Greater Gainsboro Development Project 40) Temporary Wages 41) FICA 42) Special Projects 43) Melrose/Rugby 44) Loudon/Melrose 45) Washington Park Neighborhood Alliance 46) Gainsboro Southwest 47) Edgewood/Morwandal Summit Hills 48) Norwich Neighborhood Alliance 49) Southeast Action Forum 50) Loudon/Melrose 51) Melrose/Rugby Neighborhood Forum 52) NNEO 53) Norwich Neighborhood Alliance (035-G02 -0230 -5286) (035-G02-0232-1004) (035-G02-0232-1120) (035-G02-0232-2034) (035-G02-0237-5249) (035-G02-0237-5257) (035-G02-0237-5258) (035-G02-0237-5259) (035-G02-0237-5355) (035-G02-0237-5356) (035-G02-0237-5357) (035-G02-0237-5245) (035-G02-0237-5249) (035-G02-0237-5358) (035-G02-0237-5359) 399,281.00 $25,000.00 2,000.00 3,000.00 500.00 2,000.00 1,694.00 1,445.00 1,500.00 2,000.00 1,500.00 $10,000.00 2,500.00 10,000.00 10,000.00 424 54) Washington Park Neighborhood Alliance 55) Neighborhood Development Grant-Lead Base Paint Reserve 56) Lincoln 2000 Infrastructure 57) McCray Court Senior Complex 58) Empowering Individuals with Disabilities 59) TAP This Valley Works 60) Mental Health Counseling 61) Apple Ridge Farms 62) YMCA Learning Center 63) Emergency Assistance Fund 64) West End Center 65) YMCA Magic Place at Hurt Park 66) Resource Mothers 67) Business Training Initiative 68) Girl Scout Outreach Program 69) YWCA Youth Club 70) CHIP Family Strengthening and Support 71) Violence Prevention - Boys and Girls Club 72) Action Family Resource Center 73) Food Distribution Program 74) Mediating for Well-Being of Children 75) Hotel Roanoke 108 Loan Repayment 76) Unprogrammed CDBG - Section 108 Loan 77) Unprogrammed CDBG - Other 78) Unprogrammed CDBG - RRHA 79) Greater Gainsboro Development Project (035-G02-0237-5360) (035-G02-0237-5361) (035-G02-0237-5296) (035-G02-0237-5297) (035-G02-0238-5057) (035-G02-0238-5067) (035-G02-0238-5074) (035-G02-0238-5084) (035-G02-0238-5152) (035-G02-0238-5158) (035-G02-0238-5160) (035-G02-0238-5169) (035-G02-0238-5222) (035-G02-0238-5263) (035-G02-0238-5269) (035-G02-0238-5350) (035-G02-0238-5299) (035-G02-0238-5362) (035-G02-0238-5363) (035-G02-0238-5364) (035-G02-0238-5365) (035-G01-0140-5135) (035-G01-0140-5188) (035-G01-0140-5189) (035-G01-0140-5197) (035-G01-0140-5286) $10,000.00 $1,861.00 265,000.00 277,750.00 14,000.00 26,000.00 21,000.00 26,000.00 23,000.00 35,000.00 27,000.00 21,727.00 28,000.00 43,000.00 14,000.00 19,000.00 $12,000.00 13,642.00 16,000.00 9,000.00 14,000.00 357,657.00 (260,728.00) ( $ 73,395.00) (120,253.00) 96,719.00 425 80) Hotel Roanoke 108 Loan Repayment 81) Unprogrammed CDBG - Carryover Funds 82) Unprogrammed CDBG - RRHA 83) Hotel Roanoke 108 Loan Repayment 84) Unprogrammed CDBG - Carryover Funds 85) Hotel Roanoke 108 Loan Repayment 86) Unprogrammed CDBG - Carryover Funds 87) Hotel Roanoke 108 Loan Repayment 88) Unprogrammed CDBG - Carryover Funds 89) Hotel Roanoke 108 Loan Repayment 90) Unprogrammed CDBG- Carryover Funds 91) Hotel Roanoke 108 Loan Repayment 92) Unprogrammed CDBG- Carryover funds 93) CDBG Entitlement 94) Other Program Income - RRHA 95) Cooper Industries 96) Parking Lot Income - Williamson Road 97) Sands Woody Loan Repayment 98) SRO Loan to TAP 99) Homeownership Assistance 100) 101) 102) 103) Lagniappe Loan Repayment KDL Investments Loan Repayment Downtown Associates Hotel Roanoke Loan Repayment (035-G00-0040-5135) (035-G00-0040-5184) (035-G00-0040-5197) (035-099-9940-5135) (035-099-9940-5184) (035-098-9841-5135) (035-098-9841-5184) (035-097-9741-5135) (035-097-9741-5184) (035-095-9541-5135) (035-095-9541-5184) (035-094-9441-5135) (035-094-9441-5184) (035-G02-0200-2201) (035-G02-0200-2203) (035-G02-0200-2206) (035-G02-0200-2207) (035-G02-0200-2217) (035-G02-0200-2220) (035-G02-0200-2222) (035-G02-0200-2231) (035-G02-0200-2232) (035-G02-0200-2233) (035-G02-0200-2234) $125,183.00 (79,964.00) (45,219.00) $7,544.00 ( 7,544.00) 2,617.00 ( 2,617.00) 15,980.00 (15,980.00) $47,148.00 (47,148.00) 2,152.00 (2,152.00) 2,239,000.00 24,989.00 13,333.00 60,000.00 6,722.00 5,618.00 10,000.00 $7,620.00 9,964.00 1,758.00 20,700.00 426 104) Rental Rehab Repayment (035-G02-0200-2240) $10,000.00 BE IT FURTHER ORDAINED that this Ordinance shall be in full effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35407-061801. A RESOLUTION accepting the Fiscal year 2001-2002 funds for the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2001-2002 funds for the Emergency Shelter Grant Program are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, 427 as more particularly set out in the City Manager's letter to this Council dated June 18, 2001. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35408-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant $ 6,160,465.00 Community Development Block Grant FY01 (1-2) .............. 2,837,268.00 Community Development Block Grant FY00 (3-5) .............. 3,323,197.00 1) Demolition (035-G01-0120-5108) $ 4,000.00 2) Code Enforcement/Rental Support-Residential (035-G01-0120-5355) (4,000.00) 428 3) Demolition (035-G01-0120-5108) 4) Code Enforcement/Rental Support-Residential (035-G01-0120-5355) 5) Code Enforcement/Rental (035-G01-0120-5356) (71,000.00) 33,500.00 37,500.00 BE IT FURTHER ORDAINED that, an emergencyexisting, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35409-061801. A RESOLUTION authorizing the City Manager to amend the Annual Update to the Consolidated Plan for FY 2000-2001, including the submission of the necessary documents to the U. S. Department of Housing and Urban Development (HUD). WHEREAS, each year, the City receives Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) entitlement funds from HUD to implement a variety of community development programs; and WHEREAS, these programs are outlined each year as an Annual Update to the Five Year Consolidated Plan; and 429 WHEREAS, City Council approved the FY 2000-2001 Annual Update on May 9, 2000, by Resolution No. 34798-050900; and WHEREAS, this amendment will decrease funding in the Demolition project and reflect the inclusion of two new projects: Code Enforcement I Rental Support - Residential and Code Enforcement I Rental Support - Rental which will allow for continuation of a program that assists with the elimination of slums and blighted conditions, as well as increases the number of safe, decent, affordable housing for Iow-income individuals. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to amend the Annual Update of the Consolidated Plan for FY 2000-2001, after the required citizen review, provided there are no compelling objections to the Amendment, in accordance with the City Manager's letter to this Council dated June 18, 2001. APPROVED Mary F. Parker City Clerk mith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35410-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 430 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Crystal Springs Filter Plant (1) ........................... $ 2,271,478.00 575,000.00 Retained Earnings Retained Earnings - Available for Appropriation (2) ............ $ 4,535,937.00 1) Appropriated from General Revenue 2) Retained Earnings - Available for Appropriation (002-530-8395-9003) $ (002-3348) 20,000.00 (20,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35411-061801. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain moneys to be appropriated by the City for expenditures in connection with Amendment No. 2 to the Crystal Spring Water Treatment Plant Project; and providing for an effective date. 431 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U.S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of its general obligation public improvement bonds in a principal amount not to exceed $6,000,000 for certain moneys to be appropriated by the City from time to time for expenditures in connection with Amendment No. 2 to the Crystal Spring Water Treatment Plant Project (the "Project"), including, without limitation, the amount of $63,000.00 appropriated by an ordinance adopted contemporaneously herewith by the City Council on June 18, 2001, in connection with the awarding of Amendment No. 2 for monitoring of the pilot testing of the membrane filtration equipment and the design of approximately 4,100 square feet of office space within the proposed water plant building at the Project. 2. The Council hereby determines that the appropriation authorized contemporaneously herewith is being made for a purpose for which the City is authorized to issue, and contemplated to be reimbursed from the proceeds of, general obligation public improvement bonds of the City. The maximum principal amount of debt expected to be issued for the Project is an amount not to exceed $6,000,000. 3. This is a declaration of official intent adopted pursuant to U.S. Treasury Regulations, Section 1.150-2. This official intent is being made not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 4. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, "2.1-340, et seq., Code of Virginia (1950), as amended. 5. This Resolution shall be effective on and after the date of its adoption. APPROVED ATTEST: P4~,.~- Mary F. Parker Ralph K. Smith City Clerk Mayor 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35412-061801. A RESOLUTION authorizing the City Managers issuance of Amendment No. 2 to the Citys contract with Wiley & Wilson, Inc. to monitor the pilot testing of the membrane filtration equipment and the design of approximately 4,100 square feet of office space within the proposed water plant building for the Crystal Spring Water Treatment Plant Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 2 to the Citys contract with Wiley & Wilson, Inc., to monitor the pilot testing of the membrane filtration equipment and the design of approximately 4,100 square feet of office space within the proposed water plant building for the Crystal Spring Water Treatment Plant Project, all as more fully set forth in the letter to this Council dated June 18, 2001. 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $63,000.00 to the contract, all as set forth in the above letter. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 433 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35413-061801. AN ORDINANCE amending and reordaining Division 5A, Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Enterprise Zone Two, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by amending the title of Division 5A. and 32-101.1, Generally, 32-101.3, Eligibility of Commercial or Industrial Real Property, and 32-101.5, Application, to allow real property located in the Citys Enterprise Zone One to be included within Division 5A., and qualify for tax exemptions provided for by Division 5A.; and to extend the applicable time period to December 31, 2003; and providing for an emergency. WHEREAS, Roanoke City Council wishes to have the benefits of Division 5A., Article II, Chapter 32, Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Enterprise Zone Two, also made available to real property located within the Citys Enterprise Zone One, all as more fully set forth in the City Manager's letter to City Council dated June 18, 2001. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 5A. Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Enterprise Zone Two, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Division 5A. Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in either Enterprise Zone One or Enterprise Zone Two Section 32-101.1 Generally. The Director of Real Estate Valuation shall, upon application made and within the limits hereinafter provided, order exemption of real property tax on real property substantially rehabilitated or renovated for commercial or industrial use and located within the area of either Enterprise Zone One or Enterprise Zone Two, as such area is shown on 434 a map of Enterprise Zone One or Enterprise Zone Two, which maps are on file in the Office of the City Clerk. 32.101.3 Eli;libility of commercial or industrial real property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated or renovated for commercial or industrial use within either Enterprise Zone One or Enterprise Zone Two, a structure shall meet all of the following criteria: (1) Be no less than fifteen (15) years of age and located within either Enterprise Zone One or Enterprise Zone Two. (2) Be rehabilitated or renovated so as to increase the assessed value of the structure by at least fifty thousand dollars ($50,000.00) or more; (3) Be designed for and suitable for commercial or industrial use after completion of such rehabilitation or renovation; (4) The structure has not received an exemption under Division 5, exemption of certain rehabilitated real property, of this chapter; and (5) The rehabilitation or renovation must be completed within one (1) year after the date of the filing of the application for exemption. (b) The types of substantial rehabilitation or renovation improvements that will be considered as increasing the assessed value are limited to those made to the actual qualifying structure only. Other improvements, fees, or costs will not be considered. (c) Any new additions to the qualifying structure or any additional square footage over the prerehabilitation or prerenovation square footage will not be considered as 435 increasing the assessed value of the qualifying structure or eligible for or considered for the tax exemption since the purpose of this incentive is to encourage rehabilitation or renovation of existing structures. 32.101.5. Application. a) Application for exemption of substantially rehabilitated or renovated real property from taxation under this division shall be filed by the owner of such property with the Director of Real Estate Valuation prior to commencement of any rehabilitation or renovation work forwhich exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of fifty dollars ($50.00). No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the Director of Real Estate Valuation has verified that the rehabilitation or renovation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the Director of Real Estate Valuation has been denied access to the entire premises, either before or after the rehabilitation or renovation work for which the exemption has been sought, for purposes of determining whether the required rehabilitation or renovation has been completed and for appraising the property. The application for this exemption must be filed with the Director of Real Estate valuation during the period of July 1,1996, through December 31, 2003, for property located within Enterprise Zone Two and during the period of July 19, 1999, through December 31, 2003, for property located within Enterprise Zone One, in order to be eligible for this exemption. (b) The burden of proof shall be on the applicant to show that the structure for which the exemption has been filed complies with all the eligibility criteria established by this division. The Director of Real Estate Valuation may require documentary proof of eligibility and, in such cases, documentation satisfactory to the Director of Real Estate Valuation shall be presented by the applicant. 436 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35414-061801. AN ORDINANCE amending Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, which established certain local incentives for the area designated as Enterprise Zone Two in the City, by modifying it to provide that such local incentives be applicable for the period of July 1, 1996, through December 31, 2003; amending Ordinance No. 34412-071999, which made the above mentioned local incentives apply to the City's Enterprise Zone One as of July 19, 1999, by modifying it to provide that such local incentives for Enterprise Zone One shall be applicable for the period of July 19, 1999, through December 31, 2003; authorizing the City Manager to apply to the Virginia Department of Housing of Community Development (DHCD) for the approval of the above amendments and/or to take such further action as may be necessary to obtain or confirm those amendments; and providing for an emergency. WHEREAS, on July 1, 1996, City Council adopted Ordinance No. 33019- 070196 approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone Two in the City of Roanoke; and 437 WHEREAS, on July 19, 1999, City Council adopted Ordinance No. 34412- 071999, providing that the local incentives established for the area designated as Enterprise Zone Two shall also apply to the City's Enterprise Zone One as of July 19, 1999; and WHEREAS, Ordinance No. 33019-070196, provided that the local incentives created by that ordinance, which were subsequently made applicable to the City's Enterprise Zone One, would end on June 30, 2001, unless otherwise modified by Council, and Council now wishes to extend the applicable time period for such local incentives to be applicable to Enterprise Zone One and Enterprise Zone Two from June 30, 2001, through December 31,2003, at which time such local incentives will end unless otherwise modified by this Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, is hereby amended to provide that the certain local incentives approved, adopted and established by that ordinance for the area designated as Enterprise Zone Two in the City of Roanoke, including the 581/Hershberger Subzone of Zone Two, shall be applicable to Enterprise Zone Two for the period of July 1, 1996, through December 31, 2003, at which time such local incentives shall end, unless otherwise modified bythis Council; and furthermore, all references in Ordinance No. 33019-070196 to the date of June 30, 2001, are hereby deemed to be amended and changed to December 31,2003; all as more fully set out in the City Manager's letter to Council dated June 18, 2001. 2. Ordinance No. 34412-071999, adopted by City Council on July 19, 1999, is hereby amended to provide that the certain local incentives referred to in that ordinance and made applicable to the area designated as the City's Enterprise Zone One, formerly known as the Roanoke Urban Enterprise Zone, shall be available in Enterprise Zone One for the time period from July 19, 1999, through December 31, 2003, at which time such local incentives shall end, unless otherwise modified by this Council, all as more fully set forth in the City Manager's letter to Council dated June 18, 2001. 3. As amended, Ordinance No. 33019-070196, adopted July 1,1996, and Ordinance No. 34412-071999, adopted July 19, 1999, are hereby affirmed and remain in full force and effect. 4. The City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary for approval or confirmation of the above amendments regarding local incentives, and to take such further action as may be necessary to meet other program requirements 438 or to establish and administer the local incentives as set forth above· The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes set forth above. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35415-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 23,058,855.00 439 Warehouse Row Buildings Project (1) ............... $ 650,000.00 Community Development YMCA Aquatic Center (2) ......................... $ 5,670,627.00 200,000.00 Public Safety Fire/EMS Facility Improvement Program (3) .......... $ 12,400,008.00 800,000.00 General Government Victory Stadium Project (4) ........................ $ 5,670,627.00 2,035,000.00 Parks, Recreation, and Cultural Railside Linear Walk Project Phase V (5) ............. Roanoke River Greenway Phase II (6) ................ $ 8,730,637.00 346,976.00 200,000.00 Streets and Bridges Curb, Gutter, and Sidewalk Project Phase VI (7) ....... Walnut Avenue Bridge Project (8) ................... $ 27,322,466.00 1,249,050.00 310,000.00 Capital Improvement Reserve Capital Improvement Reserve (9) .................... $ 2,912,535.00 392,141.00 Revenues Nonoperating Transfer from Other Funds (10) ..................... $ 7,679,318.00 7,679,318.00 Fund Balance Reserved Fund Balance - Unappropriated Capital Fund Interest Earnings (11) .................................... $ 473,694.00 Reserved Fund Balance - Undesignated Capital Funds from Sale of Juvenile Detention Assets (12) .................... 97,000.00 1) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Appropriated from (008-620-9755-9003) (008-530-9757-9003) $ 13,500.00 $ 200,000.00 440 General Revenue 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Appropriated from General Revenue 7) Appropriated from General Revenue 8) Appropriated from General Revenue 9) Buildings 10) Transfer from General Fund 11) Reserved Fund Balance - Capital Fund Interest Earnings 12) Reserved Fund Balance - Undesignated Capital Funds (008-530-9678-9003) (008-530-9758-9003) (008-530-9759-9003) (008-530-9756-9003) (008-530-9510-9003) (008-530-9511-9003) (008-052-9575-9173) (008-110-1234-1037) (008-3325) 800,000.00 1,135,000.00 346,976.00 200,000.00 500,000.00 310,000.00 57,454.00 1,945,000.00 ($1,294,299.00) (008-3329) ( 323,631.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35416-061801. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager and Director of Finance by report of June 18, 2001. WHEREAS, by report of June 18, 2001, and the attachments to such report, the City Manager and Director of Finance have presented an update to the City's 5-Year Capital Improvement Program for Fiscal Years 2002-2006, totaling $116,682,311, which represents an investment in the future of Roanoke and offers the City the opportunity to significantly improve its facilities and physical resources while strengthening the City's economic base; WHEREAS, the Program will require additional funding totaling $72,165,000 and the funding recommendation proposed is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the City's Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager and Director of Finance for a certain update to the 5-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2002-2006, and the related funding recommendations, as set out in the report of the City Manager and Director of Finance, dated June 18, 2001, and the attachments to such report. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 442 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35417-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 24,304,497.00 Parks and Grounds Maintenance (1-2) ................. 3,814,347.00 Fund Balance Reserve for CMERP-City (3) ........................... 851,300.00 1) Expendable Equipment ($5,000) 2) Other Equipment 3) Reserve for CMERP-City (001-620-4340-2035) (001-620-4340-9015) (001-3323) $4,670.O0 112,330.00 (127,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 443 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35418-061801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund and Grant Fund Apppropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Health and Welfare Human Services Support .......................... Nondepartmental Transfer to Other Funds ........................... Grant Fund Appropriations Human Services Summer Food Program ........................... Reven u e Human Services Summer Food Program ............................ $ 26,983,984.00 124,323.00 $69,986,205.00 69,599,875.00 $ 907,154.00 160,986.00 $ 907,154.00 160,986.00 444 1) Fees for Professional Services 2) Transfer to Grant Fund 3) Temporary Wages 4) FICA 5) Program Activities 6) Federal Grant Receipts 7) Local Match (001-630-1270-2010) (001-250-9310-9535) (035-630-5186-1004) (035-630-5186-1120) (035-630-5186-2066) (035-630-5186-5187) (035-630-5186-5188) $ (15,000.00) 15,000.00 29,850.00 1,136.00 145,000.00 160,986.00 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith -- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35419~61801. A RESOLUTION authorizing acceptance of reimbursement from the United States Department of Agriculture Food and Nutrition Service on behalf of the City for program costs for the implementation of the summer program, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The funds from the United States Department of Agriculture Food and Nutrition Service in the amount of $160,986.02 for coordinated planning and 445 program implementation of the Summer Food Service Program, as set forth in the City Manager's letter dated June 18, 2001, is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funds. All documents shall be approved by the City Attorney. /~ ~ ~'ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2001. No.35420-061801. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreational and Cultural $4,642,604.00 446 Cultural Services Committee (1-19) ............................................. 1)Mill Mountain Zoo 2)Blue Ridge Public Television 3)Harrison Museum of African American Culture 4)Virginia Museum of Transportation 5)Roanoke Symphony and Roanoke Valley Choral 6)Roanoke Valley Arts Council 7)Mill Mountain Playhouse 8)Art Museum of Western Virginia 9)Virginia's Explore Park 10)Opera Roanoke 11)Science Museum of Western Virginia 12)Roanoke Valley Historical Society 13)Julian Stanley Wise Foundation 14) Roanoke Ballet Theatre 15) Western Virginia Land Trust 16) Southwest Virginia Ballet 17) 18) (001-630-5221-3701) (001-630-5221-3701) (001-630-5221-3713) (001-630-5221-3714) (001-630-5221-3715) (001-630-5221-3737) (001-630-5221-3749) (001-630-5221-3750) (001-630-5221-3758) (001-630-5221-3762) (001-630-5221-3774) (001-630-5221-3776) (001-630-5221-3777) (001-630-5221-3777) (001-630-5221-3779) (001-630-5221-3794) Fees for Professional Services (001-630-5221-2010) Young Audiences of Virginia (001-630-5221-3802) 19) Subsidies (001-630-5221-3700) 283,443.00 $10,047.00 4,500.00 22,479.00 85,000.00 21,500.00 11,500.00 9,500.00 14,000.00 36,750.00 6,272.00 32,375.00 9,125.00 1,895.00 $1,875.00 5,375.00 2,250.00 6,000.00 3,000.00 (283,433.00) 447 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18t~ day of June, 2001. No. 35421-061801. A RESOLUTION accepting the bids for water and wastewater treatment chemicals for fiscal year 2001-2002, and rejecting all other bids. BE IT RESOLVED by this Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described as needed for the period July 1, 2001 to June 30, 2002, such items being more particularly described in the letter of the City Manager to this Council dated June 18, 2001, and in the City's specifications and any alternates and in each bidder's proposal, which are on file in the Purchasing Department are hereby ACCEPTED, at the unit purchase prices set out with each item: 448 Water Fund Item # Description Successful Bidder U n i t P u r c h a s e Price 1 Liquid Alum General Chemical $ .4104 per gal. Corporation 2 a. Liquid Chlorine JCl Jones Chemicals, $ 34.00 per cwt 150 lb. cylinders Inc. 2 b. Liquid Chlorine JCl Jones Chemicals, $ 12.05 per cwt 2r000 lb. cylinders Inc. 3 a. Sodium Hydroxide GFI Chemicals LP $ 1.289 per gal. Carvins Cove 3 b. Sodium Hydroxide JCl Jones Chemicals, $ 1.85 per gal. Fallin~ Creek Inc. 4 Orthophosphate Shannon Chemical $ 2.24 pergal. Corporation 5 Polymer Praestol Control Equipment $ 4.524 per gal. 186 KH Co. Inc. Wastewater Treatment Fund Item# Description Successful Bidder Unit Purchase Price 1 Liquid Chlorine JCl Jones Chemicals, $ 12.05 per cwt 2r000 lb. cylinders Inc. 2 Ferric Chloride Ea~llebrookr Inc. $ .56 per ~al. 3 Sulfur Dioxide JCl Jones Chemicals, $370.00 per cyl. Inc. 4 CatonicPolymer Ciba Specialty $ 4.34 per gal. Chemicals Corporation 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase orders for the above mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 449 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35422-061801. A RESOLUTION accepting the bid of U.S. Filter Distribution Group, Inc. made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that: 1. This unit price bid of U.S. Filter Distribution Group, Inc. made to the City, offering to supply ductile iron water pipe, for the period of July 1, 2001 to June 30, 2002, meeting all of the City's specifications and requirements therefor, at the unit price as set forth in its bid documents, not anticipated to exceed $163,719.00, 450 based on estimated quantities, which bid is on file in the Purchasing Department is hereby ACCEPTED, as set forth in the City Manager's letter to Council dated June 18, 2001. 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35423-061801. AN ORDINANCE amending and reordaining Chapter 26, Sewers and Sewage Disposal, Article II1. Sewer Use Standards, Code of the City of Roanoke (1979), as amended, by amending certain subsections of §26-43, Definitions, §26-45, Prohibited discharges generally, §26-46, Discharge of heavy metals and toxic materials, §26-51, Discharge of substances capable of impairing, etc., facilities, and 451 §26-56, Discharge permits for industrial waste, with regard to the quantity of various metals and other parameters specifically regulated by this Code in order to comply with regulations of the United States Environmental Protection Agency (EPA), which proposed amendments have been approved by both the EPA and the Virginia Department of Environmental Quality (DEQ); and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 26-43, Definitions, §26-45, Prohibited discharges qenerally, §26-46, Discharge of heavy metals and toxic materials, §26-51, Discharqe of substances capable of impairing, etc., facilities, and §26-56 Discharge permits for industrial waste, Article III, Sewer Use Standards, Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ARTICLE III. SEWER USE STANDARDS §26-43. Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. §§1251, et seq., as amended. §26-45. Prohibited discharges generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (b) Discharges into public sewers shall not contain: (1) Antifreeze from vehicle servicing operations. Discharges of gylcols must be approved. (2) Fluoride other than that contained in the public water supply greater than twelve (12.0) mg/l. 452 (3) Benzene, toluene, ethylbenzene and xylene (BTEX) greater than five (5.0) mg/I. (4) Pollutants which create a fire or explosive hazard in the P.O.T.W., including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade) using the test methods specified in 40 CFR 261.21. (5) Strong acid or concentrated plating solutions, whether neutralized or not. (6) Fats, wax, grease or oils, from restaurants or other facilities as deemed necessary by the POTW, whether emulsified or not, in excess of two hundred (200) mg/I or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0° and 65° Centigrade). (7) Total Petroleum Hydrocarbons in excess of 200. mg/I. (8) Obnoxious, toxic or poisonous solids, liquids, gases, vapors, or fumes in quantities sufficient to violate the provisions of subsection (a) of this section. (9) (10) Waste, wastewater or any other substance having a pH lower than five (5.0) or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment, or personnel at the wastewater facility. Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste-and-odor producing substances that have not been minimized. (11) Antimony and beryllium greater than one (1.0) mg/I. 453 (12) Hazardous wastes. (13) Trucked or hauled pollutants, except at discharge points designated by the control authority. Companies that truck or haul pollutants to the POTW are subject to inspections of their facilities, including but not limited to offices, garages and buildings used to house the trucks. (14) Trucked or hauled industrial wastewater, without prior approval and not meeting all local limits, with the exception that wastewater pumped from restaurant grease traps may be trucked or hauled and discharged only at a designated area at the wastewater treatment plant. (15) Wastes pumped from oil/water separators. (16) After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. §26-46. Discharge of heavy metals and toxic materials. (b) The maximum allowable concentrations of heavy metals stated in terms of milligrams per liter (mg/I), determined on the basis of individual sampling in accordance with "Standard Methods" are: (1) Arsenic: 0.18 mgll. (2) Barium: 5.0 mg/l. (3) Boron: 1.0 mg/l. 454 (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) Cadmium: 0.03 mg/I. Chromium (total): 1.95 mg/I. Chromium VI: 0.06 mg/l. Copper: 0.68 mg/I. Cyanide: 0.06 mg/I. Lead: 0.3 mg/I. Manganese: 1.0 mg/I. Mercury: 0.003 mg/I. Nickel: 0.23 mg/I. Selenium: 0.02 mg/I. Silver: 0.54 mg/l. Zinc: 0.8 mg/I. §26-51. Discharge of substances capable of impairing, etc., facilities. (b) (1) Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of: Inert suspended solids greater than two hundred fifty (250) mg/I including, but not limited to Fuller's earth, lime slurries and lime residues; (2) (3) Dissolved solids greater than five hundred (500) mg/I including, but not limited to sodium chloride and sodium sulfate; Excessive discoloration including, but not limited to dye wastes and vegetable tanning solutions. Color (due to dye): 750. A.D.M.I. (f) No person shall discharge into public sewers solid or viscous substances which violate subsection (a) of this section, if present in sufficient quantity or size, including but not limited to: 455 (1) Ashes. (2) Cinders. (3) Sand. (4) Mud. (5) Straw. (6) Metal. (7) Glass (8) Rags. (9) Feathers. (10) Tar. (11) Plastics. (12) Wood. (13) Underground garbage. (14) Paunch manure. (15) Hair and fleshing. (16) Entrails. (17) Paper products, either whole or ground by garbage grinders. (18) Slops. (19) Bulk solids. (20) Wastes pumped from oil/water separators. §26-56. Discharge permits for industrial waste. (a) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, at least ten (10) days before the date of the bypass, if possible. An industrial user will immediately notify the 456 POTW of any unanticipated bypass. A written report must he submitted within five (5) days. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect immediately upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35424-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development South Jefferson Project (1-4) .......................... Capital Improvement Reserve Public Improvement Bonds - Series 2002 (5) ............... 457 $ 25,540,355.00 5,332,931.00 $ (77,419.00) (6,500,000.00) 1) Acquisition - Site 1 and 1A-Appropriated from Bond Funds - Series 2002 2) Relocation -Site 1 and 1A-Appropriated from Bond Funds - Series 2002 3) Environmental Remediation - Appropriated from Bond Funds - Series 2002 4) Demolition - Appropriated from Bond Funds - Series 2002 5) Economic Development (008-052-9633-9151 ) (008-052-9633-9152) (008-052-9633-9153) (008-052-9633-9154) (008-052-9710-9178) $ 3,000,000.00 330,000.00 330,000.00 340,000.00 (4,000,000.00) 458 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker City Clerk Mayor Ralph K. Smith IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35425-061801. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, said Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); 459 WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly; that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Title 15.1 of the State Code shall be deemed and construed to apply to the successor section, article or chapter of new Title 15.2 of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 3A of the Code of Virginia (1950), as amended. Any reference in the City Code to any section, 460 article or chapter from former Title 58 of the State Code shall be deemed and construed to apply to the successor section, article or chapter of new Title 58.1 of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10 of the Code of Virginia (1950), as amended. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35426~61801. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Risk Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 461 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Environmental Management (1-3) ....................... Risk Management (4-7) ................................ 10,407,996.00 83,731.00 10,324,265.00 Revenues Operating Billings to Internal Service Funds(8-10) ................... 9,056,793.00 9,056,793.00 1) Regular Employees Salaries 2) City Retirement 3) FICA 4) Fees for Professional Services 5) Self Insured Auto Liability Claims 6) Miscellaneous Claims 7) Workers' Compensation Medical Expenses (019-310-1214-1002) (019-310-1214-1105) (019-310-1214-1120) (019-420-1262-2010) (019-420-1262-2172) (019-420-1262-2173) (019-420-1262-2181 ) $8,000.00 1,500.00 2,000.00 12,000.00 20,000.00 80,000.00 250,000.00 462 --- 8) Billing to the General Fund 9) Billings to the Water Fund 10) Workers' Compensation Billing (019-110-1234-0952) (019-110-1234-0953) (019-110-1234-1171) 3,500.00 120,000.00 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 463 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001· No. 35427-061801. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Transportation Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Transportation Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $ 2,523,186.00 Automated Parking Ticket System (1) ....................... 73,200.00 1) Appropriated from General Revenue (007-430-8251-9003) $ 73,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk · Smith Mayor 464 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35428-061801. AN ORDINANCE to amend and reordain certain sections of the 2000- 2001 Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects and Department of Technology Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund Appropriations Economic Development Johnson and Johnson Offsite Improvements (1) ............ $ 23,047,604.00 2,054,249.00 Community Development Improvements to VA Transportation Museum (2) ............ Westview Terrace - Habitat for Humanity (3) ............... Fire/EMS Memorial (4) ................................. 5,467,487.00 1,561,650.00 355,288.00 70,058.00 Public Safety New Police Building Construction (5) ..................... $ 11,600,450.00 5,019,011.00 General Government Pedestrian Bridge and Atrium (6) ......................... $ 16,376,294.00 58,996.00 Parks, Recreation, and Cultural Parks and Recreation Master Plan (7) .................... Mill Mountain Improvements (8) ......................... Master Plan Projects (9) ................................. Streets and Bridges $ 8,181,623.00 97,591.00 676,679.00 $318,302.00 $ 26,512,466.00 465 Sidewalks and Curbs Phase IV (10) ....................... Sidewalks and Curbs Phase III (11) ....................... Bridge ReplacementJReplacement Engineering (12) ......... Bridge Maintenance (13-14) .............................. Three Bridge Replacement (15) ........................... Sidewalks and Curbs Phase V (16) ........................ Contract 2, Jefferson Street Bridge (17) ..................... Thomason Road Bridge Replacement (18) .................. Memorial Bridge Rehabilitation (19-20) ..................... $601,850.00 401,205.00 552,344.00 1,148,264.00 1,043,780.00 838,658.00 614,327.00 309,557.00 248,231.00 Sanitation Bell Aire Circle Storm Drain Sump Pump (21) ................ Thomason Road Engineering (22) .......................... Murdock Creek Drainage Project (23) ....................... Miscellaneous Storm Drains Phase II (24-26) ................. 2,290,725.00 8,327.00 4,409.00 664,284.00 229,482.00 Revenues VDOT-VA Transportation Museum (27) ...................... $ -0- Department of Technology Fund Appropriations Capital Outlay Customer Service System (28) ............................ Help Desk Software (29) ................................. Staff, Contractors, and Consultants (30).. ~ ................. Utility Information System (31) ............................ Learning Center Equipment (32) .......................... Technology Studies (33) ................................. 9,163,091.00 165,299.00 14,835.00 318,640.00 514,837.00 9,605.00 7,350.00 1) Appropriated from General Revenue 2) Appropriated from State Grant Funds 3) Appropriated from General Revenue 4) Appropriated from General Revenue (008~02-9700~003) (008~52~650~007) (008~52-9715-9003) (008~52-9726-9003) 2,248.00 ( 450.00) ( $ 2,248.00) ($ 442.00) 466 - 5) Appropriated from General Revenue 6) Appropriated from General Revenue 7) Appropriated from General Revenue 8) Appropriated from General Revenue 9) Appropriated from General Revenue 10) Appropriated from General Revenue 11) Appropriated from General Revenue 12) Appropriated from General Revenue 13) Appropriated from General Revenue 14) Appropriated from Bond Funds - Series 1996 15) Appropriated from General Revenue 16) Appropriated from General Revenue 17) Appropriated from Bond Funds - Series 1996 18) Appropriated from Bond Funds - Series 1996 19) Appropriated from General Revenue 20) Appropriated from Bond Funds - Series 1996 21) Appropriated from Bond Funds - Series 1996 (008-052-9563-9003) (008-530-9673-9003) (008-052-9703-9003) (008-052-9711-9003) (008-620-9744-9003) (008-052-9541-9003) (008-052-9542-9003) (008-052 -9548-9003) (008-052 -9549-9003) (008-052-9549-9088) (008-052 -9551-9003) (008-052-9608-9003) (008-052-9698-9088) (008-052-9732-9088) (008-530-9772-9003) (008-530-9772-9088) (008-052-9581-9088) 442.00 ( 4.00) ( 14.00) (2,038.00) 2,052.00 (53,734.00) (35,584.00) (32,860.00) 89,612.00 7,168.00 (89,608.00) 89,318.00 (15,370.00) (7,168.00) 32,860.00 15,370.00 (84.00) 467 22) Appropriated from Bond Funds - Series 1992 23) Appropriated from Bond Funds - Series 1999 24) Appropriated from Bond Funds - Series 1999 25) Appropriated from Bond Funds - Series 1992 (008-052-9690 -9086) (008-052-9691-9001) (008-530-9734-9001) (008-530-9734-9086) ($ 30,591.00) (36,636.00) 36,636.00 30,591.00 26) Appropriated from Bond Funds - Series 1996 27) VDOT - VA Transportation Museum 28) Appropriated from General Revenue 29) Appropriated from General Revenue 30) Appropriated from General Revenue 31) Appropriated from General Revenue 32) Appropriated from General Revenue 33) Appropriated from General Revenue (008-530-9734-9088) (008-1234) (008-052-9810-9003) (013-052 -9825-9003) (013-052-9828-9003) (013-052-9829-9003) (013-052-9832-9003) (013-052-9844-9003) 84.00 (450.00) (701.00) (165.00) 19,929.00 (2,276.00) (6,137.00) (10,650.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 468 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of June, 2001. No. 35429-061801. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Title I Even Start Family Literacy Grant 01-02 (1-19) .......... Title I Winter 01-02 (20-57) .............................. Governor's School 01-02 (58-101) ......................... Fleming Ruffner Community Learning 01-02 (102-112) ....... Summer Youth 01-02 (113-117) .......................... Flow Through 01-02 (118-136) ........................... Child Specialty Services 01-02 (137-145) .................. Child Development Clinic 01-02 (146-153) ................. Juvenile Detention Home 01-02 (154-161) ................. Preschool Incentive Program 01-02 (162-175) .............. Special Education Interpreter 01-02 (176-180) .............. Special Education Jail 01-02 (181-192) .................... Adult Basic Education 01-02 (193-206) .................... Apprenticeship Program 01-02 (207-213) .................. Jobs for Virginia Graduates 01-02 (214-221) ................ Perkins Act Program 01-02 (222-223) ....................... Regional Adult Education Specialist 01-02 (224-229) .......... Regional Adult Literacy (TAP) 01-02 (230) ................... GED Testing 01-02 (231-232) .............................. Workplace Education 01-02 (233-234) ...................... Regional Adult Basic Education 01-02 (235) .................. Adult Education in the Jail 01-02 (236-237) ................... Grants Management 01-02 (238-240) ....................... Homeless Assistance Program 01-02 (241-245) ............... $111,342,010.00 146,285.00 3,194,048.00 1,419,311.00 197,817.00 56,297.00 1,681,197.00 69,755.00 73 460.00 222 391.00 135 979.00 6 797.00 170 173.00 163 604.00 131 211.00 49,960.00 397,251.00 39,911.00 150,098.00 8,612.00 26,913.00 35,222.00 21,341.00 3,750.00 67,041.00 Alternative Education 01-02 (246-266) ...................... $ 1,375,023.00 469 Drug Free Schools 01-02 (267-271) ......................... Project YES 01-02 (272-276) ............................... State Truancy Project 01-02 (277-283) ....................... Title VI 01-02 (284-295)... ................................... Eisenhower 01-02(296-305) ............................... Class Size Reduction 01-02 (306-311) ....................... Innovative Grant - Breckinridge 01-02 (312-322) ............... Adolescent Health Partnership 01-02 (323-330) ............... Blue Ridge Technical Academy 01-02 (331-347) .............. 90,706.00 243,863.00 47,367.00 204,512.00 85,933.00 687,263.00 305,665.00 159,071.00 449,532.00 Revenues Education Title I Even Start Family Literacy Grant 01-02 (348) ............. Title I Winter 01-02 (349) ................................... Governor's School 01-02 (350-352) ........................... Fleming Ruffner Community Learning 01-02 (353) .............. Summer Youth 01-02 (354) .................................. Flow Through 01-02 (355) .................................. Child Specialty Services 01-02 (356) ......................... Child Development Clinic 01-02 (357) ........................ Juvenile Detention Home 01-02 (358) ........................ Preschool Incentive Program 01-02 (359) ..................... Special Education Interpreter 01-02 (360) .................... Special Education Jail 01-02 (361) .......................... Adult Basic Education 01-02 (362-363) ....................... Apprenticeship Program 01-02 (364-365) ..................... Jobs for Virginia Graduates 01-02 (366-367) ................... Perkins Act Program 01-02 (368) ............................ Regional Adult Education Specialist 01-02 (369) ................ Regional Adult Literacy (TAP) 01-02 (370) ..................... GED Testing 01-02 (371) .................................... Workplace Education 01-02 (372) ............................ Regional Adult Basic Education 01-02 (373) .................... Adult Education in the Jail 01-02 (374-375) ..................... Grants Management 01-02 (376) ............................. Homeless Assistance Program 01-02 (377-378) ................. Alternative Education 01-02 (379-380) ........................ Drug Free Schools 01-02 (381) .............................. Project YES 01-02 (382) ................................... State Truancy Project 01-02 (383) ............................ Title VI 01-02 (384-385) ..................................... Eisenhower 01-02(386) ................................... Class Size Reduction 01-02 (387-388) ....................... Innovative Grant - Breckinridge 01-02 (389) .................. $111,342,010.00 146,285.00 3,194,048.00 1,419,311.00 197,817.00 56,297.00 1,681,197.00 69,755.00 $73,460.00 222,391.00 135,979.00 6,797.00 170,173.00 163,604.00 131,211.00 49,960.00 397,251.00 39,911.00 150,098.00 8,612.00 26,913.00 35,222.00 21,341.00 3,750.00 67,041.00 1,375,023.00 90,706.00 243,863.00 47,367.00 204,512.00 85,933.00 687,263.00 $ 305,665.00 470 Adolescent Health Partnership 01-02 (390) ................... Blue Ridge Technical Academy 01-02 (391-394) ............... $159,071.00 449,532.00 1) Compensation of Teachers 2) Compensation of Supervisors 3) Compensation of Teacher Aides 4) Social Security 5) Retirement - VRS 6) Health Insurance 7) Group Life Insurance 8) Professional Health Services 9) Other Professional Services 10) Lease/Rent of Equipment 11) Conventions/ Education 12) Field Trips 13) Inservice Workshops 14) Office Supplies 15) Food 16) Educational and Recreational Supplies 17) Other Operation Supplies 18) Inservice Supplies 19) Additions - Furniture and Fixtures 20) Compensation of Counselors 21) Compensation of Supervisors 22) Supplements 23) Compensation of Teacher Aides 24) Social Security 25) Retirement - VRS 26) Health Insurance 27) Group Life Insurance 28) Attendance Bonuses (030-061-6186-6000-0121) (030-061-6186-6000-0124) (030-061-6186-6000-0141) (030-061-6186-6000-0201) (030-061-6186-6000-0202) (030-061-6186-6000-0204) (030-061-6186-6000-0205) (030-061-6186-6000-0311 ) (030-061-6186-6000-0313) (030-061-6186-6000-0541 ) (030-061-6186-6000-0554) (030-061-6186-6000-0583) (030-061-6186-6000-0587) (030-061-6186-6000-0601 ) (030-061-6186-6000-0602) (030-061-6186-6000-0614) (030-061-6186-6000-0615) (030-061-6186-6000-0617) (030-061-6186-6000-0822) (030-062-6185-6000-0123) (030-062-6185-6000-0124) (030-062-6185-6000-0129) (030-062-6185-6000-0141) (030-062-6185-6000-0201) (030-062-6185-6000-0202) (030-062-6185-6000-0204) (030-062-6185-6000-0205) (030-062-6185-6000-0211) $ 35,284.00 38,878.00 3,347.00 5,929.00 10,014.00 6,413.00 620.00 1,000.00 1,000.00 2,900.00 4,500.00 4,000.00 10,000.00 2,325.00 1,000.00 250.00 15,425.00 1,000.00 2,400.00 1,147,220.00 82,391.00 70,087.00 309,886.00 121,710.00 226,500.00 202,823.00 12,402.00 200.00 471 29) Food 30) Education and Recreational Supplies 31) Other Operation Supplies 32) Additions - Machinery and Equipment 33) Compensations of Teachers 34) Supplements 35) Compensation of Other Professionals 36) Compensation of Teacher Aides 37) Compensation of Clerical 38) Social Security 39) Retirement - VRS 40) Health Insurance 41) Group Life Insurance 42) Indirect Costs 43) Maintenance Service Contracts 44) Mileage 45) Field Trips 46) Testing, Evaluation, Dissemination 47) Parent Involvement 48) Other Miscellaneous Payments 49) Inservice Workshops 50) Office Supplies 51) Food 52) Other Operation Supplies 53) Additions - Machinery and Equipment 54) Compensation of Teachers 55) Compensation of Nurses 56) Social Security 57) Field Trips (030-062-6185-6000-0602) (030-062-6185-6000-0614) (030-062-6185-6000-0615) (030-062-6185-6000-0821) (030-062-6185-6200-0121) (030-062-6185-6200-0129) (030-062-6185-6200-0138) (030-062-6185-6200~141) (030-062-6185-6200~151) (030-062-6185-6200-0201) (030-062-6185-6200-0202) (030-062-6185-6200-0204) (030-062-6185-6200-0205) (030-062-6185-6200-0212) (030-062-6185-6200-0332) (030-062-6185-6200-0551) (030-062-6185-6200-0583 ) (030-062-6185-6200-0584) (030-062-6185-6200-0585) (030-062-6185-6200-0586) (030-062-6185-6200-0587) (030-062-6185-6200-0601) (030-062-6185-6200-0602) (030-062-6185-6200-0615) (030-062-6185-6200-0821) (030-062-6185-6449-0121 ) (030-062-6185-6449-0131) (030-062-6185-6449-0201) (030-062-6185-6449~583) 6,025.00 48,695.00 58,325.00 15,000.00 52,128.00 56,717.00 $ 33,968.00 10,238.00 21,682.00 15,190.00 29,010.00 16,002.00 1,589.00 37,969.00 15,000.00 2,500.00 150,500.00 7,250.00 5,700.00 64,670.00 10,201.00 5,000.00 3,475.00 222,400.00 15,000.00 79,015.00 28,536.00 6,044.00 3,000.00 472 58) Compensation of Substitute Teachers 59) Compensation of Teachers 60) Compensation of Counselors 61) Supplements 62) Social Security 63) Retirement - VRS 64) Health Insurance 65) Group Life Insurance 66) Mileage 67) Conventions/ Education 68) Books and Subscriptions 69) Educational and Recreational Supplies 70) Other Operation Supplies 71) Compensation of Principals 72) Compensation of Clerical 73) Social Security 74) Retirement - VRS 75) Health Insurance 76) Group Life Insurance 77) Mileage 78) Conventions/ Education 79) Office Supplies 80) Supplements 81) Compensation of Clerical 82) Social Security 83) Maintenance Service Contracts 84) Purchased Services 85) Books and Subscriptions (030-062-6325-6146-0021) (030-062-6325-6146-0121 ) (030-062-6325-6146-0123) (030-062-6325-6146-0129) (030-062-6325-6146-0201 ) (030-062-6325-6146-0202) (030-062-6325-6146-0204) (030-062-6325-6146-0205) (030-062-6325-6146-0551) (030-062-6325-6146-0554) (030-062-6325-6146-0613) (030-062-6325-6146-0614) (030-062-6325-6146-0615) (030-062-6325-6319-0126) (030-062-6325-6319-0151) (030-062-6325-6319-0201) (030-062-6325-6319-0202) (030-062-6325-6319-0204) (030-062-6325-6319-0205) (030-062-6325-6319-0551) (030-062-6325-6319-0554) (030-062-6325-6319-0601) (030-062-6325-6346-0129) (030-062-6325-6346-0151 ) (030 -062-6325-6346-0201 ) (030-062 -6325-6346-0332) (030-062-6325-6346-0381) (030-062-6325-6346-0613) 2,200.00 547,337.00 34,937.00 $2,000.00 46,060.00 57,762.00 39,975.00 4,658.00 220.00 1,571.00 1,500.00 2,850.00 1,000.00 75,730.00 28,986.00 8,011.00 10,388.00 6,150.00 838.00 535.00 870.00 6,540.00 2,900.00 4,484.00 343.00 3,997.00 7,760.00 225.00 473 86) Educational and Recreational Supplies 87) Additions - Machinery and Equipment 88) Additions - Data Processing Equipment 89) Compensation of Custodians 90) Social Security 91) Retirement - Other 92) Health Insurance 93) Group Life Insurance 94) Electrical Service 95) Heating Services 96) Telecommunications 97) Repair and Maintenance Supplies 98) Additions - Furniture and Fixtures 99) Contingency 100) Redemption of Principal 101) Interest 102) Compensation of Teachers 103) Compensation of Teachers Aides 104) Social Security 105) Retirement - VRS 106) Health Insurance 107) Group Life Insurance 108) Indirect Costs 109) Other Professional Services 110) Tuition -In State 111) Conventions/ Education 112) Educational and Recreational Supplies (030-062-6325-6346-0614) (030-062-6325-6346-0821) (030-062-6325-6346-0826) (030-062-6325-6681-0192) (030-062-6325-6681-0201) (030-062-6325-6681-0203) (030-062-6325-6681-0204) (030-062-6325-6681-0205) (030-062-6325-6681-0511) (030-062-6325-6681-0512) (030-062-6325-6681-0523) (030-062-6325-6681-0608) (030-062-6325-6681-0822) (030 -062-6325-6896-0589) (030-062-6325-6896-0901) (030-062-6325-6896-0902) (030-062-6327-6100-0121) (030-062-6327-6100-0141) (030-062-6327-6100-0201 ) (030-062-6327-6100-0202) (030-062-6327-6100-0204) (030-062-6327-6100-0205) (030-062-6327-6100-0212) (030-062-6327-6100-0313) (030-062-6327-6100-0382) (030-062-6327-6100-0554) (030-062-6327-6100-0614) 32,770.00 29,608.00 $10,000.00 29,608.00 1,198.00 822.00 3,075.00 125.00 14,674.00 14,675.00 2,500.00 10,000.00 500.00 4,100.00 193,500.00 172,329.00 40,830.00 81,233.00 15,013.00 4,047.00 3,690.00 326.00 3,115.00 23,023.00 5,565.00 2,005.00 19,000.00 474 113) Compensation of Teachers 114) Social Security 115) Mileage 116) Educational and Recreational Supplies 117) Supplements 118) Compensation of Teachers 119) Compensation of Supervisors 120) Compensation of Nurses 121) Compensation of Teachers Aides 122) Social Security 123) Retirement - VRS 124) Health Insurance 125) Group Life Insurance 126) Compensation of Bus Aides 127) Social Security 128) Health Insurance 129) Alternative Fringes 130) Professional Health Services 131) Repair and Maintenance Payments 132) Conventions/ Education 133) Other Miscellaneous Payments 134) Inservice Workshops 135) Educational and Recreational Supplies 136) Additions - Machinery and Equipment 137) Compensation of Other Professionals 138) Social Security 139) Retirement - VRS (030 -062 -6456 -6449 -0121 ) (030-062-6456-6449-0201) (030-062-6456-6449-0551) (030-062-6456-6449-0614) (030-062 -6456-6549-0129) (030-062-6571-6453-0121) (030-062-6571-6453-0124) (030 -062 -6571-6453 -0132) (030 -062 -6571-6453 -0141 ) (030-062-6571-6453-0201) (030-062-6571-6453-0202) (030-062-6571-6453-0204) (030-062-6571-6453-0205) (030~62-6571-6553-0142) (030-062-6571-6553-0201) (030-062-6571-6553-0204) (030-062-6571-6553-0214) (030-062-6571-6553-0311) (030-062-6571-6553-0331) (030-062-6571-6553-0554) (030-062-6571-6553-0586) (030-062-6571-6553-0587) (030-062-6571-6553-0614) (030-062-6571-6553-0821) (030-062-6572-6554-0138) (030-062-6572-6554-0201) (030-062-6572-6554-0202) 14,500.00 1,112.00 5,825.00 1,100.00 33,760.00 512,059.00 121,305.00 22,633.00 76,130.00 56,008.00 75,030.00 65,342.OO 5,857.00 120,961.00 9,254.00 11,644.00 3,250.00 380,000.00 18,000.00 12,000.00 6,000.00 7,000.00 148,052.00 30,672.00 50,477.0O 5,101.00 5,007.00 140) Health Insurance 141) Group Life Insurance 142) Indirect Costs 143) Mileage 144) Educational and Recreational Supplies 145) Other Operations Supplies 146) Compensation of Other Professionals 147) Social Security 148) Retirement - VRS 149) Health Insurance 150) 151) 152) 153) Group Life Insurance Indirect Costs Mileage Educational and Recreational Supplies 154) Compensation of Other Professionals 155) Social Security 156) Retirement - VRS 157) Health Insurance 158) Group Life Insurance 159) Indirect Costs 160) Mileage 161) Educational and Recreational Supplies 162) Supplements 163) 164) 165) 166) 167) 168) 169) Compensation of Teacher Aides Social Security Retirement - VRS Health Insurance Group Life Insurance Professional Health Services Tuition - In State (030-062~572-6554-0204) (030-062-6572-6554-0205) (030-062~572-6554-0212) (030-062-6572-6554-0551) (030-062~572-6554-0614) (030-062-6572-6554-0615) (030-062-6573-6554-0138) (030-062-6573-6554-0201) (030-062-6573-6554-0202) (030-062-6573-6554-0204) (030-062-6573-6554-0205) (030-062-6573-6554-0212) (030-062-6573-6554-0551) (030-062-6573-6554-0614) (030-062-6574-6554-0138) (030-062-6574-6554-0201) (030-062~574-6554~202) (030-062-6574-6554~204) (030-062-6574-6554-0205) (030-062-6574-6554-0212) (030-062-6574-6554-0551) (030-062-6574-6554-0614) (030-062-6575-6553-0129) (030-062-6575-6553-0141 ) (030-062-6575-6553-0201) (030-062 -6575-6553-0202) (030-062-6575-6553-0204) (030-062-6575-6553-0205) (030-062-6575-6553-0311) (030-062-6575-6553-0382) 475 $ 3,075.00 404.00 3,203.00 868.00 1,500.00 120.00 52,589.00 5,326.00 5,217.00 3,075.00 421.00 3,332.00 1,5O0.00 2,000.00 163,270.00 15,594.00 16,196.00 13,530.00 1,306.00 10,495.00 500.00 1,500.00 21,547.00 30,041.00 4,133.00 2,980.00 $ 9,225.OO 240.00 11,500.00 18,720.00 476 - 170) Mileage 171) Field Trips 172) Parent Involvement 173) Other Miscellaneous Payments 174) Educational and Recreational Supplies 175) Additions - Machinery and Equipment 176) Supplements 177) Social Security 178) Professional Health Services 179) Tuition - Private Schools 180) Educational and Recreational Supplies 181) Compensation of Teachers 182) Compensation of Counselors 183) Compensation of Clerical 184) Social Security 185) Retirement - VRS 186) Health Insurance 187) Group Life Insurance 188) Professional Health Services 189) Repair and Maintenance Payments 190) Telecommunications 191) Educational and Recreational Supplies 192) Additions - Machinery and Equipment 193) Compensation of Teachers 194) Compensation of Counselors 195) Compensation of Teachers Aides (030-062-6575-6553-0551) (030-062-6575-6553-0583) (030-062-6575-6553-0585) (030-062-6575-6553-0586) (030-062-6575-6553-0614) (030-062-6575-6553-0821) (030-062-6576-6174-0129) (030-062-6576-6174-0201) (030-062-6576-6174-0311) (030-062-6576-6174-0312) (030-062-6576-6174-0614) (030-062-6577-6554-0121) (030-062-6577-6554-0123) (030-062-6577-6554-0151 ) (030-062-6577-6554-0201 ) (030-062-6577-6554-0202) (030-062-6577-6554-0204) (030 -062-6577-6554-0205) (030-062-6577-6554-0311) (030-062-6577-6554-0311 ) (030-062-6577-6554-0523) (030-062-6577-6554-0614) (030-062-6577-6554-0821 ) (030-062-6739-6450-0121 ) (030-062-6739-6450-0123) (030-062-6739-6450-0141 ) 3,224.00 1,800.00 800.00 2,724.00 19,045.00 10,000.00 360.00 28.00 4,150.00 1,927.00 332.00 59,820.00 45,562.00 10,841.00 8,891.00 14,575.00 7,775.00 930.00 18,000.00 495.00 320.00 1,900.00 1,064.00 108,833.00 3,096.00 7,018.00 477 196) Social Security 197) Retirement - VRS 198) Health Insurance 199) Group Life Insurance 200) Mileage 201) Educational and Recreational Supplies 202) Compensation of Clerical 203) Social Security 204) Retirement - VRS 205) Health Insurance 206) Group Life Insurance 207) Compensation of Teachers 208) Social Security 209) Retirement - VRS 210) Health Insurance 211) Group Life Insurance 212) Other Professional Services 213) Mileage 214) Compensation of Teachers 215) Social Security 216) Retirement - VRS 217) Health Insurance 218) Group Life Insurance 219) Mileage 220) Parent Involvement 221) Educational and Recreational Supplies 222) Supplements 223) Additions - Machinery and Equipment 224) Compensation of Supervisors 225) Compensation of Clerical 226) Social Security 227) Telecommunications 228) Mileage (030-062 -6739-6450 -0201 ) (030-062 -6739-6450 -0202) (030-062-6739-6450-0204) (030-062 -6739-6450 -0205) (030-062-6739-6450-0551) (030-062-6739-6450-0614) (030-062-6739-6550-0151 ) (030-062-6739-6550-0201 ) (030-062-6739-6550-0202) (030-062-6739-6550-0204) (030-062-6739-6550-0205) (030-062-6740-6138-0121) (030-062-6740-6138-0201) (030-062-6740-6138-0202) (030-062-6740-6138-0204) (030-062-6740-6138-0205) (030-062-6740-6138-0313) (030-062-6740-6138-0551 ) (030-062-6741-6351-0121 ) (030-062-6741-6351-0201 ) (030-062-6741-6351-0202) (030-062-6741-6351-0204) (030-062-6741-6351-0205) (030-062-6741-6351-0551) (030 -062-6741-6351-0585) (030-062-6741-6351-0614) (030-062-6742-6138-0129) (030-062-6742-6138-0821) (030-062-6743-6343-0124) (030-062-6743-6343-0151) (030-062-6743-6343-0201 ) (030-062-6743-6343-0523) (030-062-6743-6343-0551) 11,996.00 5,651.00 3,O75.00 456.00 1,500.00 1,500.00 15,482.00 1,1 84.00 1,536.00 2,153.00 124.00 60,842.00 9,393.00 6,036.00 3,075.00 487.00 50,378.00 1,000.00 34,680.00 3,541.00 3,440.00 3,075.00 274.00 $950.00 2,500.00 1,500.00 7,000.00 390,251.00 25,450.00 7,050.00 2,486.00 2,000.00 2,000.00 478 - 229) Educational and Recreational Supplies 230) Other Professional Services 231) Compensation of Teachers 232) Social Security 233) Compensation of Teachers 234) Social Security 235) Other Professional Services 236) Compensation of Teachers 237) Social Security 238) Conventions/ Education 239) Offices Supplies 240) Books and Subscriptions 241) Compensation of Teachers 242) Social Security 243) Retirement - VRS 244) Health Insurance 245) Group Life Insurance 246) Compensation of Teachers 247) Compensation of Supervisors 248) Compensation of Teachers Aides 249) Compensation of Clerical 250) Social Security 251) Retirement - VRS 252) Health Insurance 253) Group Life Insurance 254) Professional Health Services 255) Purchased Services 256) Electrical Service 257) Telecommunications (030-062-6743-6343-0614) (030-062-6744-6550-0313) (030-062-6745-6550-0121 ) (030-062-6745-6550-0201) (030-062-6746-6451-0121 ) (030-062-6746-6451-0201) (030-062-6747-6451-0313) (030-062-6748-6550-0121 ) (030-062-6748-6550-0201) (030-062-6828-6307-0554) (030-062-6828-6307-0601) (030-062-6828-6307-0613) (030-062-6830-6100-0121 ) (030-062-6830-6100-0201 ) (030-062-6830-6100-0202) (030-062-6830-6100-0204) (030-062-6830-6100-0205) (030-063-6825-6100-0121) (030-063-6825-6100-0124) (030-063-6825-6100-0141 ) (030-063-6825-6100-0151) (030-063-6825-6100-0201 ) (030-063-6825-6100-0202) (030-063-6825-6100-0204) (030-063-6825-6100-0205) (030-063-6825-6100-0311) (030-063-6825-6100-0381) (030-063-6825-6100-0511 ) (030-063-6825-6100-0523) $ 925.00 150,098.00 8,000.00 612.00 25,000.00 1,913.00 35,222.00 19,824.00 1,517.00 2,000.00 750.00 1,000.00 52,820.00 5,483.00 5,240.00 3,075.00 $423.00 725,161.00 61,527.00 94,926.00 44,244.00 87,128.00 91,845.00 85,485.00 7,407.00 33,000.00 1,500.00 2,500.00 1,500.00 258) Lease/Rent of Equipment 259) Lease/Rent of Buildings 260) Mileage 261) Field Trips 262) Parent Involvement 263) Other Miscellaneous Payments 264) Inservice Workshops 265) Vehicle and Equipment Supplies 266) Educational and Recreational Supplies 267) Compensation of Counselors 268) Social Security 269) Retirement - VRS 270) Health Insurance 271) Group Life Insurance 272) Compensation of Counselors 273) Social Security 274) Retirement - VRS 275) Health Insurance 276) 277) 278) 279) 280) 281) Group Life Insurance Compensation of Other Professionals Social Security Retirement - VRS Health Insurance Group Life Insurance 282) Mileage 283) Educational and Recreational Supplies 284) Compensation of Counselors 285) Supplements 286) Social Security 287) Retirement - VRS (030-063-6825-6100-0541 ) (030-063-6825-6100-0542) (030-063-6825-6100-0551) (030-063-6825-6100-0583) (030-063-6825-6100-0585) (030-063-6825-6100-0586) (030-063-6825-6100-0587) (030-063-6825-6100-0610) (030-063-6825-6100-0614) (030-063-6826-6306-0123) (030-063-6826-6306-0201) (030-063-6826-6306-0202) (030-063.6826-6306-0204) (030-063-6826-6306-0205) (030-063-6829-6315-0123) (030-063-6829-6315-0201) (030-063-6829-6315-0202) (030-063-6829-6315-0204) (030-063-6829-6315-0205) (030-063-6831-6671-0138) (030-063-6831-6671-0201) (030-063-6831-6671-0202) (030-063-6831-6671-0204) (030-063-6831-6671-0205) (030-063-6831-6671-0551) (030-063-6831-6671-0614) (030-064-6255-6231-0123) (030-064-6255-6231-0129) (030-064-6255-6231-0201) (030-064-6255-6231-0202) 479 8,500.00 115,000.00 800.00 7,500.00 1,500.00 500.00 500.00 2,500.00 2,000.00 70,340.00 6,675.00 6,978.00 6,150.00 563.00 189,499.00 18,060.00 18,798.00 15,990.00 1,516.00 34,770.00 3,295.0O 3,449.00 3,075.00 278.00 2,000.00 500.00 97,170.00 59,947.00 12,020.00 12,554.00 480 288) Health Insurance 289) Group Life Insurance 290) Books and Subscriptions 291) Compensation of Directors 292) Social Security 293) Retirement - VRS 294) Health Insurance 295) Group Life Insurance 296) Other Professional Services 297) Conventions/ Education 298) Educational and Recreational Supplies 299) Compensation of Substitute Teachers 300) Supplements 301) Social Security 302) Other Professional Services 303) Conventions/ Education 304) Food 305) Educational and Recreational Supplies 306) Compensation of Teachers 307) Social Security 308) Retirement - VRS 309) Health Insurance 310) Group Life Insurance 311) Mileage 312) Compensation of Teachers 313) Compensation of Supervisors 314) Supplements 315) Social Security 316) Retirement - VRS 317) Health Insurance (030-064-6255-6231-0204) (030-064-6255-6231-0205) (030-064-6255-6231-0613) (030-064-6255-6665-0114) (030-064-6255-6665-0201) (030-064-6255-6665-0202) (030-064-6255-6665-0204) (030-064-6255-6665-0205) (030-064-6256-6004-0313) (030-064-6256-6004-0554) (030-064-6256-6004-0614) (030-064-6256-6008-0021) (030-064-6256-6008-0129) (030-064-6256-6008-0201 ) (030-064-6256-6008-0313) (030-064-6256-6008-0554) (030-064-6256-6008-0602) (030-064-6256-6008-0614) (030-064-6257-6000-0121 ) (030-064-6257-6000-0201) (030-064-6257-6000-0202) (030-064-6257-6000-0204) (030-064-6257-6000-0205) (030-064-6257-6000-0551) (030-064-6326-6100 -0121 ) (030-064-6326-6100-0124) (030-064-6326-6100-0129) (030-064-6326-6100-0201) (030-064-6326-6100-0202) (030-064-6326-6100-0204) 8,737.00 777.00 3,638.00 6,868.00 525.00 887.00 1,334.00 55.00 3,000.00 3,415.00 500.00 $ 6,000.00 10,500.00 1,000.00 21,206.00 37,812.00 2,000.00 500.00 435,032.00 33,280.00 56,206.00 37,338.00 3,480.00 121,927.00 74,802.00 79,596.00 4,615.00 11,811.00 11,629.00 4,001.00 481 318) Group Life Insurance 319) Indirect Costs 320) Other Professional Services 321) Conventions/ Education 322) Educational and Recreational Supplies 323) Compensation of Counselors 324) Compensation of Nurses 325) Compensation of Clerical 326) Social Security 327) Retirement - VRS 328) Health Insurance 329) Group Life Insurance 330) Mileage 331) Compensation of Directors 332) Compensation of Teachers 333) Compensation of Counselors 334) Compensation of Supervisors 335) Compensation of Clerical 336) Social Security 337) Retirement - VRS 338) Health Insurance 339) Worker's Compensation Self-Insured 340) Conventions/ Education 341) Educational and Recreational Supplies 342) Additions - Machinery and Equipment 343) Compensation of Teachers (030-064-6326-6100-0205) (030-064-6326-6100-0212) (030-064-6326-6100-0313) (030-064-6326-6100-0554) (030-064-6326-6100-0614) (030-064-6827-6672-0123) (030-064-6827-6672-0131 ) (030-064-6827-6672-0151) (030-064-6827-6672-0201 ) (030 -064-6827-6672-0202) (030-064-6827-6672-0204) (030-064-6827-6672-0205) (030-064-6827-6672-0551) (030-065-6832-6100-0114) (030-065-6832-6100-0121) (030-065-6832-6100-0123) (030-065-6832-6100-0124) (030-065-6832-6100-0151 ) (030-065-6832-6100-0201 ) (030-064-6832-6100-0202) (030-065-6832-6100-0204) (030-065-6832-6100-0206) (030-065-6832-6100-0554) (030-065-6832-6100-0614) (030-065-6832-6100-0821) (030-065-6832-6140-0121 ) 637.00 3,624.00 5,000.00 20,750.00 89,200.00 $ 29,697.0O 47,572.00 $44,180.00 11,302.00 12,048.00 12,300.00 972.00 1,000.00 65,820.00 86,790.00 43,787.00 59,394.00 24,994.00 21,480.00 27,854.00 18,450.00 2,246.00 3,300.00 29,126.00 5,000.00 40,271.00 482 344) Social Security 345) Retirement - VRS 346) Health Insurance 347) Worker's Compensation Self-Insured 348) Federal Grant Receipts (030-065-6832-6140-0201) (030-064-6832-6140-0202) (030-065-6832-6140-0204) (030-065-6832-6140-0206) (030-061-6186-1102) 6,192.00 8,030.00 6,150.00 648.00 146,285.00 349) Federal Grant Receipts 350) State Grant Receipts 351) Local Match 352) Fees 353) Federal Grant Receipts 354) Federal Grant Receipts 355) Federal Grant Receipts 356) State Grant Receipts 357) State Grant Receipts 358) State Grant Receipts 359) Federal Grant Receipts 360) Federal Grant Receipts 361) State Grant Receipts 362) Local Match 363) Federal Grant Receipts 364) State Grant Receipts 365) Fees 366) State Grant Receipts 367) Local Match 368) Federal Grant Receipts (030-062-6185-1102) (030-062-6325-1100) (030-062-6325-1101) (030-062-6325-1103) (030-062-6327-1102) (030-062-6456-1102) (030-062-6571-1102) (030-062-6572-1100) (030-062-6573-1100) (030-062-6574-1100) (030-062-6575-1102) (030-062-6576-1102) (030-062-6577-1100) (030-062-6739-1101) (030-062-6739-1102) (030-062-6740-1100) (030-062-6740-1103) (030-062-6741-1100) (030-062-6741-1101) (030-062-6742-1102) $3,194,048.00 $ 451,251.00 470,570.00 497,490.00 197,817.00 56,297.00 1,681,197.00 69,755.00 73,460.00 222,391.00 135,979.00 6,797.00 170,173.00 22,700.00 140,904.00 53,551.00 77,660.00 21,000.00 28,960.00 397,251.00 483 Receipts 370) Federal Grant Receipts 371) Fees 372) Fees 373) Federal Grant Receipts 374) Federal Grant Receipts 375) Fees 376) Federal Grant Receipts 377) Local Match 378) Federal Grant Receipts 379) State Grant Receipts 380) Local Match 381) Federal Grant Receipts 382) State Grant Receipts 383) State Grant Receipts 384) Local Match 385) Federal Grant Receipts 386) Federal Grant Receipts 387) Local Match 388) Federal Grant Receipts 389) Federal Grant Receipts 390) Fees 391) State Grant Receipts 392) Local Match (030-062-6743-1100) (030-062-6744-1102) (030-062-6745-1103) (030-062-6746-1103) (030-062-6747-1102) (030-062-6748-1102) (030-062-6748-1103) (030-062-6828-1102) (030-062-6830-1101) (030-062-6830-1102) (030-063-6825-1100) (030-063-6825-1101) (030-063-6826-1102) (030-063-6829-1100) (030-063-6831-1100) (030-064-6255-1101) (030-064-6255-1102) (030-064-6256-1102) (030-064-6257-1101) (030-064-6257-1102) (030-064-6326-1102) (030-064-6827-1103) (030-065-6832-1100) (030-065-6832-1101) $ 39,911.00 150,098.00 8,612.00 26,913.00 $ 35,222.00 18,139.00 3,202.00 3,750.00 $ 32,041.00 35,000.00 89,865.00 1,285,158.00 90,706.00 243,863.OO 47,367.00 98,070.00 106,442.00 85,933.00 145,566.00 541,697.00 305,665.00 159,071.00 111,466.00 150,000.00 484 393) Federal Grant Receipts (030-065-6832-1102) $ 50,000.00 394) Fees (030-065-6832-1103) 138,066.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35430-061801. A RESOLUTION approving and adopting the City of Roanoke Policy on the Sale of Property within the City of Roanoke Water Supply Watersheds in accordance with the City Manager's Letter to this Council dated June 18, 2001. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council approves and adopts the City of Roanoke Policy on the Sale of Property within the City of Roanoke Water Supply Watersheds that is attached to the City Manager's Letter to this Council dated June 18, 2001, and incorporates that letter and the attached Policy by reference. 485 2. The City Manager, or her designee, is hereby authorized to take appropriate action to implement this Policy. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35431-070201. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Richard A. Dearing filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on June 18, 2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and 486 WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain approximate 12' x 103' alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400 Blocks of Crystal Spring and Richelieu Avenues, S.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. 487 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35432-070201. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. 488 WHEREAS, Shenandoah Crossings, L.P., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on June 18, 2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 15' wide alley lying between former Lots 9 and 10, Block 12, Map of Official Survey Sheet NWl on the west, and former Lot 11, Block 12, Map of Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N.W. (at a point 60 feet west of Jefferson Street, N.W.) northward for a distance of 187.9 feet to Centre Avenue, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and 489 related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 490 '-' BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35433-070201. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 242, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Melrose Properties, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and 491 WHEREAS, a public hearing was held by City Council on said application at its meeting on June 18, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 242 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land containing 10.325-acres, more or less, lying on the south side of Melrose Avenue, N.W., and west side of Twenty-fourth Street, N.W., commonly known as the W. B. Clements, Incorporated, property, and designated on Sheet No. 242 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2420205, be, and is hereby rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on May 17, 2001, and that Sheet No. 242 of the Zone Map be changed in this respect. Mary F. Parker City Clerk APPROVED Ralph K Smith Mayor 492 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2001. No. 35434-061801. A RESOLUTION approving the Melrose-Rugby Neighborhood Plan, and amending Roanoke Vision, the City's Official Comprehensive Development Plan for Roanoke, to include the Melrose-Rugby Neighborhood Plan. WHEREAS, the Melrose-Rugby Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on May 17, 2001, and recommended adoption of the Plan and amending Roanoke Vision, the City's Official Comprehensive Development Plan for Roanoke (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, June 18, 2001, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Melrose-Rugby Neighborhood Plan dated May 17, 2001, and amends Roanoke Vision, the City's Official Comprehensive Development Plan for Roanoke, to include the Melrose-Rugby Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. Mary F. Parker Ralph K. Smith City Clerk Mayor - 493 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35435-070201. AN ORDINANCE providing for the fee simple conveyance of two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation (containing approximately 14,000 sq. ft.), and to Anderson Wade Douthat, et al. (containing approximately 12,000 sq. ft.), upon certain terms and conditions. WHEREAS, a public hearing was held on June 18, 2001, pursuant to §§15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized to take the necessary action to convey two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation (containing approximately 14,000 sq. ft.), and to Anderson Wade Douthat, et aL (containing approximately 12,000 sq. ft.), at the sole cost of the Grantees, and upon the terms and conditions set forth in the City Manager's letter to this Council dated June 18, 2001. 2. All documents necessary for this conveyance shall be upon form approved by the City Attorney. 3. The Restrictive Covenants shall remain undisturbed on these tracts of land and survive any agreement between the City and Grantees. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 494 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35436-07021. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinaffer; and WHEREAS, the City Planning Commission, affer giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on June 18, 2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain eighteen foot (18') public right-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, S. E., and Official Tax No. 4010209, 494a be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed pertion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lineS, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 494b BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Mary F. Parker ~'Ralph K. Smith City Clerk Mayor ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of July, 2001. No. 35436(a)-070201. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Flood Reduction Roanoke River Flood Reduction (1) Roanoke River Utility Reduction (2) $14,256,118.00 4,998,868.00 240,000.00 1) Appropriated from General Revenue (008-056-9620-9003) 2) Appropriated from General Revenue (008-530-9765-9003) (240,000.00) 240,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Ma~ F, Pa~r er~'' ~'~'~- APPROVED City Clerk Ralph K. Smith Mayor 495 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35437-070201. A RESOLUTION memorializing the late Lewis Gregory Leftwich of Bedford County, Virginia. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Leftwich on Monday, June 11, 2001; and WHEREAS, Mr. Leftwich enlisted in the Navy SeaBees in 1942, served his country in the Aleutian Islands and Guam, and was discharged in 1945 as a Chief Petty Officer; and WHEREAS, Mr. Leftwich worked for the Federal Housing Administration from 1945 to 1954; and WHEREAS, Mr. Leftwich was hired as a Building Inspector for the City of Roanoke in March of 1954, was appointed Building Commissioner on November 1, 1956, and served the City with distinction; and WHEREAS, after retiring his position with the City in 1974, Mr. Leftwich worked as Construction Inspector for Virginia National Bank and then as Chief Inspector for Joseph Griggs & Associates. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Lewis Gregory Leftwich, and extends to his family its sincerest condolences. 496 - 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Leftwich's wife, Mary Wright Leftwich; his son, Robert Lewis Leftwich; and his two grandchildren, Michelle Leftwich-Smith of Roanoke, and Robert Lewis Leftwich II of Miami, Florida. APPROVED Mary F. Parker City Clerk . Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35438-071601. AN ORDINANCE authorizing the City Manager to execute an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property located at 506 Church Avenue and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions. WHEREAS, a public hearing was held on July 2, 2001, pursuant to §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement, deed and any related and necessary documents providing for the sale and conveyance 497 of City-owned property located at 506 Church Avenue and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon the terms and conditions set forth in the City Manager's letter to this Council dated July 2, 2001. m form approved by the City Attorney. All documents necessary for this conveyance shall be in ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35439-070201. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for replacing the outdated Roanoke Academy for Mathematics and Science facility with a new Roanoke Academy for Mathematics and Science facility. WHEREAS, the School Board for the City of Roanoke, on June, 12, 2001, approved a Literary Fund loan application and, on July 2, 2001, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $5,000,000.00, for replacing the present school building at the Roanoke Academy of Mathematics and Science with a new building, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. 498 - BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $5,000,000.00 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35440-070201. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for replacing the present school building at Roanoke Academy for Mathematics and Science with a new building and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $11,000,000.00 for the cost of replacing the present building with a new building for the Roanoke Academy for Mathematics and Science ("the Project"). 499 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The maximum principal amount of debt expected to be issued for the Project is $11,000,000.00. This is a declaration of official intent under Treasury Regulation Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35441-070201. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 500 Appropriations Public Works $ Streets and Traffic (1) .................................... Solid Waste Management - Refuse (2) ...................... Parks and Grounds Maintenance (3) ........................ 22,851,754.00 3,061,753.00 5,386,978.00 4,052,776.00 1) Fees for Professional Service 2) Fees for Professional Service 3) Fees for Professional Service (001-530-4110-2010) (001-530-4210-2010) (001-620-4340-2010) $187,229.00 (291,476.00) 104,247.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35442-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 501 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Regional Disability Services Board 01-02 (1) .................. Regional Disability Services Board 02-03 (2) .................. $ 3,362,598.00 14,800.00 14,800.00 Revenues Health and Welfare Regional Disability Services Board 01-02 (3) .................. Regional Disability Services Board 02-03 (4) .................. $ 3,362,598.00 14,800.00 14,800.00 1) Fees for Professional Services 2) Fees for Professional Services 3) Regional Disability Services Board Grant 01-02 4) Regional Disability Services Board Grant 02-03 (035-630-5168-201 O) (035-630-5169-2010 ) (035-630-5168-5168) (035-630-5169-5169) 14,800.00 14,800.00 14,800.00 14,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 502 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35443-070201. A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth District Disability Services Board (" FDDSB") to provide continuing local administrative staff support; upon certain terms and conditions. WHEREAS, the FDDSB is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; and WHEREAS, funds in the amount of $29,600 to continue local staffsupport in support of the FDDSB administration for a two (2) year period have been allocated to the FDDSB by the State Department of Rehabilitative Services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the contract to provide continuing local administrative staff support for the Fifth District Disability Services Board as recommended in the City Manager's letter to this Council dated July 2, 2001. in form approved by the City Attorney. The form of the contract, and any necessary amendments, shall be APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 503 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35444 -070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Department of Technology Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Department of Technology Fund, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 68,775,151.00 Transfers to Other Funds (1) ............................... 68,660,826.00 Fund Balance Reserved for CMERP - City (2) .............................. $ 531,300.00 Department of Technology Fund Appropriations Capital Outlay $ 9,263,091.00 Social Services - CSA (3) ................................. 100,000.00 Revenues Nonoperating $ 1,351,205.00 Transfer from Other Funds (4) .............................. 1,221,205.00 504 - 1) Transfer to Department of Technology Fund 2) Reserved for CMERP - City 3) Other Equipment 4) Transfer from General Fund (001-250-9310-9513) (001-3323) (013-430-9853-9015) (013-110-1234-1037) $100,000.00 (100,000.00) 100,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor .... IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35445-070201. A RESOLUTION authorizing the implementation of a computer-based system to assist in the provision of services under the Comprehensive Services Act Program, upon certain terms and conditions. 505 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to enter into an agreement with Harmony Information Systems, Inc., for the provision of a computer-based system to assist in the monitoring of expenditures and client services under the Comprehensive Services Act Program, and as further stated in the City Manager's letter to City Council dated July 2, 2001. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35446-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $ 4,626,912.00 Civic Center Operating (1-17) ............................... 3,246,662.00 506 Civic Center Concessions (18-30) ........................... Civic Center Capital Outlay (31) .............................. Revenues Operating Civic Center Rentals (32-35) ................................ Civic Center Fees (36) ...................................... Event Expense (37-44) ...................................... Commissions (45) ......................................... 1) Regular Employee Salaries (005-550-2105-1002) $ 92,620.00 2) Temporary Employee Wages (005-550-2105-1004) 26,396.00 3) Retirement (005-550-2105-1105) 7,738.00 4) ICMA Match (005-550-2105-1116) 2,600.00 5) FICA (005-550-2105-1120) 9,105.00 6) Medical Insurance (005-550-2105-1125) 8,400.00 7) Dental Insurance (005-550-2105-1126) 740.00 8) Life Insurance (005-550-2105-1130) 741.00 9) Disability Insurance (005-550-2105-1131) 222.00 10) Services 11) Electric 12) Natural Gas 13) Water and Sewage 14) Training and Development 15) Wearing Apparel 16) Rental Fees 17) Commissions and Royalties 18) Regular Employees Salaries Fees for Professional (005-550-2105-2010) (005-550-2105-2022) (005-550-2105-2024) (005-550-2105-2026) (oo5-55o.21o5-2o44) (oo5.55o-21o5-2o64) (005-550-2105-3075) (005-550-2105-2102) (005-550-2109-1002) 19) Temporary Employee Wages 20) Retirement 21) ICMA Match 22) FICA 23) Medical Insurance 24) Dental Insurance 25) Life Insurance (005-550-2109-1004) (005-550-2109-1105) (005-550-2109-1116) (005-550-2109-1120) (005-550-2109-1125) (005-550-2109-1126) (005-550-2109-1130) 240,108.00 17,980.00 8,845.00 2,175.00 13,701.00 5,000.00 36,000.00 434,091.00 26,969.00 65,424.00 2,265.00 650.00 7,068.00 2,100.00 185.00 216.00 $875,979.00 1,263,890.00 $ 4,528,409.00 1,281,652.00 970,000.00 374,912.00 1,857,345.00 507 26) Disability Insurance 27) Fees for Professional Services 28) Maintenance Equipment 29) Sales Tax 30) Inventory Purchases 31) Other Equipment 32) Coliseum Rental 33) Admissions Tax 34) Novelty Fees 35) Facility Surcharge 36) Display Advertising 37) Cashiers 38) Security Guards and Police 39) Ushers and Ticket Takers 40) Event Coordinators 41) Event Receptionist 42) Fire Watch 43) Maintenance Staffl Electricians 44) Emergency Medical Service 45) Concessions (005-550-2109-1131 ) (005-550 -2109 -2010) (005-550-2109-2048) (005-550-2109-2079) (005-550-2109-3016) (005-550-2108-9015) (005-110-1234-0936) (005-110-1234-0941 ) (005-110-1234-1070) (005-110-1234-1251 ) (005-110-1234-0935) (005-110-1234-0944) $ 72.00 52,339.00 13,085.00 60,776.00 57,018.00 328,951.00 81,745.00 223,166.00 81,124.00 218,617.00 100,000.00 17,459.00 (005-110-1234-0945) 57,216.00 (005-110-1234-0947) 87,785.00 (005-110-1234-0981 ) 10,156.00 (005-110-1234-0982) 2,772.00 (005-110-1234-0986) 5,013.00 (005-110-1234-1352) (005-110-1234-1353) (005-110-1234-0950) 15,111.00 8,400.00 715,016.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 5O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35447-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium Other Jurisdictional Constitutions (1) ......................... Title I - Adult Program FY 02 (2.-13) ........................... Title I - Youth In-School Program FY 02 (14-28) ................. Title I - Youth Out of School FY 02 (29-40) ..................... Administration FY 02 (41-50) ................................. Dislocated Workers Program FY 02 (51) ....................... $ 5,654,713.00 7,700.00 370,434.00 319,874.00 137,089.00 132,164.00 362,083.00 Revenues Fifth District Employment and Training Consortium Other Jurisdictional Constitutions (52) ...................... Title I - Adult Program FY 02 (53) .......................... Title I - Youth In-School Program FY 02 (54) ................. Title I - Youth Out of School FY 02 (55) ...................... Administration FY 02 (56) ................................ Dislocated Workers Program FY 02 (57) ..................... $ 5,654,713.00 7,700.00 370,434.00 319,874.00 137,089.00 132,164.00 362,083.00 1) Miscellaneous 2) Wages 3) Fringes 4) Travel 5) Communications 6) Supplies 7) Insurance 8) Contractual Services 9) Equipment (034-633-2180-8360) (034-633-2261-8050) (034-633-2261-8051) (034-633-2261-8052) (034-633-2161-8053) (034-633-2261-8055) (034-633-2261-8056) (034-633-2261-8057) (034-633-2261-8059) $ 5,985.00 136,882.00 34,221.00 2,500.00 2,000.00 2,000.00 $ 1,ooo.oo $17,000.00 1,000.00 509 10) Miscellaneous 11) Support Services 12) Tuition Assistance 13) On-the-Job Training 14) Wages 15) Fringes 16) Travel 17) Communications 18) Supplies 19) Insurance (034-633-2261-8060) ( 034-633-2261-8461 ) (034-633-2261-8500) (034-633-2261-8501) (034-633-2263 -8050) (034-633-2263-8051) (034-633-2263-8052) (034-633-2263-8053) (034-633-2263-8055) (034-633-2263-8056) 20) Contractual Services(034-633-2263-8057) 21) Equipment (034-633-2263-8059) 22) Miscellaneous (034-633-2263-8060) 23) Roanoke City Schools(034-633-2263-8231 24) DSLCC 25) TAP 26) STEP, Inc. 27) Roanoke County Schools (034-633-2263-8232) (034-633-2263-8233) (034-633-2263-8234) (034-633-2263-8235) 28) Holiness Tabernacle (034-633-2263-8238) 29) Wages 30) Fringes 31) Travel 32) Communications 33) Supplies 34) Insurance (034-633-2264-8050) (034-633-2264-8051) (034-633-2264-8052) (034-633-2264-8053) (034-633-2264-8055) (034-633-2264-8056) 35) Contractual Services(034-633-2264-8057) 36) Support Services 37) Tuition Assistance 38) On-the-Job Training 39) OS - TAP 40) OS - STEP, Inc. 41) Wages 42) Fringes 43) Travel 44) Communications 45) Supplies 46) Insurance (034-633-2264-8461) (034-633-2264-8500) (034-633-2264-8501 ) (034-633-2264-8236) (034-633-2264-8237) (034-633-2200-8050) (034-633-2200-8051) (034-633-2200-8052) (034-633-2200-8053) (034-633-2200-8055) (034-633-2200-8056) 47) Contractual Services(034-633-2200-8057) 48) Equipment (034-633-2200-8059) 49) Miscellaneous (034-633-2200-8060) 50) Board Staff (034-633-2200-8049) 51) Contractual Services(034-633-2281-8057) $ 3,831.00 25,000.00 135,000.00 10,000.00 46,681.00 11,670.00 1,000.00 750.00 750.00 500.00 11,900.00 250.00 6,373.00 39,000.00 40,000.00 39,000.00 47,000.00 55,OOO.O0 20,000.00 64,026.00 15,963.00 500.00 500.00 500.00 500.00 5,100.00 1,000.00 4,500.00 4,500.00 20,000.00 20,000.00 28,990.00 7,247.00 6,000.00 1,500.00 1,000.00 1,000.00 13,000.00 500.00 7,927.00 65,000.00 $362,083.00 510 52) Other Jurisdictional Revenue 53) Adult Program - Revenue 54) Youth-In-School Revenue 55) Youth Out of School Revenue 56) Administrative Reven u e 57) Dislocated Worker Reven u e (034-633-2180-2180) (034-633-2261-2261) (034-633-2263-2263) (034-633-2264-2264) (034-633-2200-2200) (034-633-2281-2281) 5,985.00 370,434.00 319,874.00 137,089.00 132,164.00 362,083.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker City Clerk Mayor Ralph K. Smith IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35449-070201. A RESOLUTION authorizing the lease of one 15-passenger van from Dominion Dodge, Inc., for use by the Parks and Recreation Department in the Outdoor Adventure Summer Camp program for a period of eight weeks, upon certain terms and conditions WHEREAS, the van used to transport summer campers was retired by Fleet Management due to the prohibitive cost of making the required repairs; and 511 WHEREAS, the City of Roanoke has negotiated a lease for a 15- passenger van for a reasonable price and funding will be recovered by camp fees paid by participants in the Outdoor Adventure Summer Camp program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, a lease agreement with Dominion Dodge, Inc., providing for the leasing of one (1) 15-passenger van for use by the Parks and Recreation Department in the Outdoor Adventure Summer Camp program for a period of eight weeks, at a rate of $100.00 per week, for a total of $800.00, and providing for indemnification of Dominion Dodge, Inc., and its employees and officers by the City in accordance with the terms of the lease agreement attached to the City Manager's letter dated July 2, 2001, to this Council, upon form approved by the City Attorney, and upon certain terms and conditions set forth in the City Manager's letter dated July 2, 2001, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35450-070201. A RESOLUTION authorizing the City Managers issuance of Amendment No. 2 to the City's contract with Wiley & Wilson, Inc. to monitor the pilot testing of the membrane filtration equipment and the design of approximately 4,100 square feet of office space within the proposed water plant building for the Crystal Spring Water Treatment Plant Project. BE IT RESOLVED by the Council of the City of Roanoke that: 512 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 2 to the Citys contract with Wiley & Wilson, Inc., to monitor the pilot testing of the membrane filtration equipment and the design of approximately 4,100 square feet of office space within the proposed water plant building for the Crystal Spring Water Treatment Plant Project, all as more fully set forth in the letter to this Council dated June 18, 2001. 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $63,000.00 to the contract, all as set forth in the above letter. APPROVED ATTEST: ~~,,,~,a~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35451-070201. A RESOLUTION authorizing the City Managers issuance of Amendment No. 2 to the Citys contract with Mattern & Craig, Inc., for additional engineering services for the inspections of 32 bridges and the Century Station Parking Garage. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the Citys contract with Mattern & Craig, Inc., for additional engineering services for the inspections of 32 bridges and the Century Station Parking Garage, all as more fully set forth in the letter to this Council dated July 2, 2001. 513 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $67,900.00 to the contract, all as set forth in the above letter. ATTEST: City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35452-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Flood Reduction Peters Creek Land Acquisition (1-3) ...................... $14,949,118.00 1,675,600.00 Sanitation Miscellaneous Drainage Projects (4-5) .................... '. Storm Water Model Maintenance (6-7) ..................... Forest Park Drainage Project (8-9) ......................... Garden City Phase 3 Drainage Project (10-11) ............... Summit Hills Drainage Projects (12-13) ..................... 2,290,725.00 163,552.00 44,400.00 195,360.00 192,193.00 232,725.00 514 Miscellaneous Drainage Projects Phase 2 (14-15) ............... 1) Appropriated from Bond Funds - Series 1999 2) Appropriated from Bond Funds - Series 1992 3) Appropriated from Bond Funds - Series 1996 4) Appropriated from Bond Funds - Series 1992 5) Appropriated from Bond Funds - Series 1996 6) Appropriated from Bond Funds - Series 1992 7) Appropriated from Bond Funds - Series 1996 8) Appropriated from Bond Funds - Series 1992 9) Appropriated from Bond Funds - Series 1996 10) Appropriated from Bond Funds - Series 1999 11) Appropriated from Bond Funds - Series 1992 12) Appropriated from Bond Funds - Series 1992 13) Appropriated from Bond Funds - Series 1996 14) Appropriated from Bond Funds - Series 1992 (008-056-9656-9001) $ (008-056-9656-9086) (008-056-9656-9088) (008-052-9572-9086) (008-052-9572-9088) (008-052-9586-9086) (008-052-9586-9088) (008-052-9689-9086) (008-052-9689-9088) (008-052-9692-9001) (008-052-9692-9086) (008-052-9695-9086) (008-052-9695-9088) (008-530-9734-9086) 46,636.00 (254,271.00) 207,635.00 146,531.00 (146,531.00) (19,220.00) 19,220.00 (19,629.00) 19,629.00 (46,636.00) 46,636.00 130,544.00 (130,544.00) (30,591.00) $185,591.00 515 15) Appropriated from Bond Funds - Series 1996 (008-530-9734-9088) $ 30,591.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35453-070201. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING CERTAIN PROCEEDS OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1992A, OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1996A, AND OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1999A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Findings and Determinations. The City Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: 1 In order to finance a portion of the City's ongoing program of various categories of public improvement projects, including, among other things, storm drain projects, the City has heretofore issued (i) its $15,250,000 principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1992A, dated January 1, 1992; (ii) its $23,000,000 principal amount of City of 516 Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996A, dated January 1, 1996 (the "Series 1996A Bonds"); and (iii) its $26,020,000 principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999A, dated October 1, 1999 (the "Series 1999A Bonds"). (b) For the purpose of complying with the provisions of the Internal Revenue Code of 1986 (the "Code") and the Treasury Regulations promulgated thereunder, including in particular the provisions of Section 148 of the Code and Sections 1.148-0 through 1.148-1 lA of the Treasury Regulations relating to arbitrage rebate, it is desirable for the City to expend the proceeds of Series 1992A Bonds, the Series 1996A Bonds and Series 1999A Bonds on public improvements projects within the categories of such projects for which the same were issued as expeditiously as practicable. (c) In order to ensure compliance with the expenditure requirements of the Code and the Treasury Regulations referred to in subsection (b), the Council has determined to reallocate the proceeds of the Series 1992A Bonds, the Series 1996A Bonds and the Series 1999A Bonds as set forth in Section 2 of this resolution. SECTION 2. Reallocation of Series 1992A Bond Proceeds, Series 1996A Bond Proceeds and Series 1999A Bond Proceeds. The Council hereby reallocates the proceeds of sale of the Series 1992A Bonds, the Series 1996A Bonds and the Series 1999A Bonds allocable to storm drain projects as follows: 1 Series 1992A Bond proceeds allocable in the amount of $207,635 to the Peters Creek Land Acquisition project, in the amount of $19,220 to the Storm Water Model Maintenance project, in the amount of $19,629 to the Forest Park Drainage project and in the amount of $30,591 to Miscellaneous Storm Drains Phase 2 projects, or a total amount of Series 1992A Bond proceeds equal to $277,075, shall be reallocated to the Series 1996A Bond issue. 2 Series 1992A Bond proceeds allocable in the amount of $46,636 to the Peters Creek Land Acquisition project shall be reallocated to the Series 1999A Bond issue. 3 Series 1996A Bond proceeds allocable in the amount of $146,531 to the Miscellaneous Drainage projects and in the amount of $130,544 to the Summit Hills Drainage project, or a total amount of Series 1996A Bond proceeds equal to $277,075, shall be reallocated to the Series 1992A Bond issue. 4 Series 1999A Bond proceeds allocable in the amount of $46,636 to the Garden City Phase 3 project shall be reallocated to the Series 1992A Bond issue. SECTION 3. effect upon its adoption. ATTEST: Ma~~F. Pa~r er~'~~ City Clerk Effectiveness of Resolution. APPROVED 517 This resolution shall take Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35455-070201. A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 2:00 p.m. and 7:00 p.m., on Monday, October 15, 2001, shall be held at 2:00 p.m. and 7:00 p.m. on Thursday, October 18, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference scheduled to be held on October 10 - 16, 2001, in Virginia Beach, Virginia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled to be held at 2:00 p.m. and 7:00 p.m. on Monday, October15, 2001, is hereby rescheduled to be held on Thursday, October 18, 2001, at 2:00 p.m. and 7:00 p.m., such meeting to be in the Council Chambers of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S.W. 518 2. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to October 18, 2001. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35456~70201. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2001; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2001, and ending June 30, 2002, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager - City Attorney - Director of Finance - Director of Real Estate - Valuation Municipal Auditor - City Clerk - Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% 519 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 18, 2001, retroactive to July 1, 2001. 3. On and after January 1, 2002, the Director of Finance shall pay a lump sum of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the six incumbent Council-appointed officers. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the six Council-appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactive to July 1, 2001. APPROVED ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35457-071601. A RESOLUTION expressing sympathy to the congregation of Virginia Heights Baptist Church and their pastor, our fellow Council member The Reverend C. Nelson Harris. 520 WHEREAS, the members of Council learned of an accident involving 12 youths and two adults from Virginia Heights Baptist Church who were returning from a Christian youth camp in Myrtle Beach, South Carolina, in a church van on Sunday, July 1; and WHEREAS, after the accident, 11 of the youth riding in the van were hospitalized, and seven were treated and released that Sunday afternoon; and WHEREAS, three youth remain in the hospital with serious and critical injuries; and WHEREAS, Jessika Lewis, a 13-year-old youth critically injured in the accident, passed away on Friday, July 6; and WHEREAS, The Reverend Harris has ministered to and supported the congregation of Virginia Heights Baptist Church and the families of the injured youth throughout this crisis. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow that this accident occurred and at the passing of Jessika Lewis, and extends its support and condolences to the congregation of Virginia Heights Baptist Church, to Jessika's family, and to The Reverend Harris. t2-heOT The City Clerk is directed to forward an attested copy of this resolution Reverend C. Nelson Harris to share with the members of his congregation. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 521 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35458-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, Water, Sewage, Civic Center, Department of Technology, Materials Control, Management Services, Fleet Management, and Risk Management Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General, Water, Sewage, Civic Center, Department of Technology, Materials Control, Management Services, Fleet Management, and Risk Management Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations City Treasurer (1-2) ..................................... Clerk of Circuit Court (3-4) ............................... Juvenile and Domestic Relations Court (5-6) ................ Magistrates Office (7-8) ................................... General District Court (9-10) .............................. Circuit Court Judges (11-12) .............................. Commissioner of the Revenue (13-14) ..................... Sheriff (15-16) .......................................... Jail (17-18) ............................................ Commonwealth's Attorney (19-20) ......................... Cost Collections Unit (21-22) ............................. City Council (23-24) ..................................... City Attorney (25-26) ...................................... City Clerk (27-28) ........................................ Real Estate Valuation (29-30) ............................. Board of Equalization (31-32) ............................. Municipal Auditing (33-34) ................................ Director of Finance (35-36) ............................... Billings and Collections (37-38) ........................... 1,054,775.00 1,136,140.00 30,302.00 3,895.00 31,635.00 270,303.00 1,060,675.00 1,907,487.00 9,808,025.00 1,143,010.00 72,362.00 258,125.00 686,520.00 468,977.00 926,835.00 949,511.00 $489,104.00 2,176,794.00 $3,491,340.00 522 Electoral Board (39-40) .................................. City Manager (41-42) ..................................... Environmental and Emergency (43-44) ...................... Economic Development (45-46) ........................... Management and Budget (47-48) .......................... Human Resources (49-50) ............................... Occupational Health (51-52) .............................. Communications-E911 (53-54) ............................ Communications-Radio (55-56) ........................... Purchasing (57-58) ...................................... Director of General Services (59-60) ........................ Courier Services (61-60) ................................. Custodial Services (81-82) ................................ Building Maintenance (83-84) ............................. Fire-Administration (85-86) ................................ Fire-Support(87-88) ...................................... Director of Public Works (89-90) ............................ Streets and Traffic (91-92) ................................. Traffic Engineering(93-94) .................................. Solid Waste - Refuse (95-96) ................................ Engineering (97-98) ........................................ Building Services (99-100) .................................. Planning and Code Enforcement(101-102) ..................... $305,311.00 1,097,729.00 215,307.00 600,586.00 212,977.00 996,505.00 1,336,991.00 2,088,410.00 521,051.00 214,095.00 156,250.00 59,079.00 1,063,762.00 3,352,596.00 689,834.00 619,017.00 164,342.00 2,873,338.00 1,384,337.00 5,676,177.00 1,455,211.00 730,107.00 1,236,653.00 Neighborhood Partnership(103-104) .......................... 178,574.00 Recreation (105-106) ........................................ 2,031,159.00 Human Services (107-108) ................................ Income Maintenance (109-110) ............................. Social Services-Services (111-112) .......................... Employment Services (113-114) ............................ Outreach Detention(115-116) ............................... Youth Haven(117-118) .................................... Crisis Intervention (119-120) ............................... Police Administration (121-122) ............................. Police Patrol(123-124) ..................................... Police Services (125-126) .................................. Libraries (127-128) ........................................ 131,821.00 4,859,258.00 9,001,333.00 1,283,893.00 183,220.00 533,704.00 532,739.00 455,261.00 9,565,616.00 $2,537,859.00 2,300,197.00 Revenues Miscellaneous Revenue Miscellaneous (129) ...................................... Inte~und Billing-Management Services(130) ................... 567,327.00 901.00 7,992.00 Water Fund Appropriations Operating Utility Administration (131-139) ........................... Sewage Fund Appropriations Operating Sewage-Administration (140-142) ............................ Civic Center Fund Appropriations Operating Civic Center Operating (143-145) ............................ Department of Technology Fund Appropriations Operating Department of Technology (146-153) ......................... Revenues Operating Billings to Other Funds (154-165) ............................ Materials Control Fund Appropriations Operating Materials Control (166-168) ................................ Revenues Operating 523 $13,953,658.00 314,414.00 $10,841,945.00 2,429,706.00 $ 4,536,814.00 2,340,200.00 $ 4,273,749.00 3,303,139.00 $ 4,183,223.00 4,183,223.00 $ 93,052.00 93,052.00 $ 93,052.00 524 Billings to Other Funds (169-170) .............................. Management Services Fund Appropriations Operating Management Services (171-190) .............................. Management Services-Capital Outlay (191) ...................... Revenues Operating Billings to Other Funds (192-203) .............................. Fleet Management Fund Appropriations Operating Fleet Management (204-206) ................................. Revenues Operating Billings to Other Funds (207-208) .............................. Risk Mana§ement Fund Operating Risk Management (209-211) ................................. Revenues Operating Billings to Other Funds (212-213) ............................. 1) Management Services 2) City Information Systems 3) Management Services 4) City Information Systems 5) Management Services 6) City Information Systems 001-110-1234-7015 001-110-1234-7005 001-120-2111-7015 001-120-2111.7005 001-121-2131-7015 001-121-2131-7005 (566.00) 298.00 ( 500.00 263.00 ( 32.00 17.00 93,052.00 $ 0 0 $ 0 0 5,996,486.00 2,270,291.00 3,521,341.00 2,246,341.00 5,996,486.00 707,330.00 9,773,159.00 2,246,341.00 525 7) Management Services 8) City Information Systems 9) Management Services 10) City Information Systems 11) Management Services 12) City Information Systems 13) Management Services 14) City Information Systems 15) Management Services 16) City Information Systems 17) Management Services 18) City Information Systems 19) Management Services 20) City Information Systems 21) Management Services 22) City Information Systems 23) Management Services 24) City Information Systems 25) Management Services 26) City Information Systems 27) Management Services 28) City Information Systems 29) Management Services 30) City Information Systems 31) Management Services 32) City Information Systems 33) Management Services 34) City Information Systems 35) Management Services 36) City Information Systems 37) Management Services 38) City Information Systems 39) Management Services 40) City Information Systems 41) Management Services 42) City Information Systems 43) Management Services 44) City Information Systems 45) Management Services 46) City Information Systems 47) Management Services 48) City Information Systems 49) Management Services O01-123-2121-7015 001-123-2121-7005 001-124-2120-7015 O01-124-2120-7005 001-125-2110-7015 001-125-2110-7005 001-130-1233-7015 001-130-1233-7005 001-140-2140-7015 001-140-2140-7005 001-140-3310-7015 001-140-3310-7005 001-150-2210-7015 001-150-2210-7005 001-150-2211-7015 001-150-2211-7005 001-200-1110-7015 001-200-1110-7005 001-210-1220-7015 001-210-1220-7005 001-220-1120-7015 001-220-1120-7005 001-230-1235-7015 001-230-1235-7005 001-230-1236-7015 001-230-1236-7005 001-240-1240-7015 O01-240-1240-7005 001-250-1231-7015 001-250-1231-7005 001-250-1232-7015 001-250-1232-7005 001-260-1310-7015 001-260-1310-7005 001-300-1211-7015 001-300-1211-7005 001-310-1214-7015 001-310-1214-7005 001-310-8120-7015 001-310-8120-7005 001-410-1212-7015 001-410-1212-7005 001-420-1261-7015 ($100.00) 53.00 (4,000.00) 2,103.00 (2,000.00) 1,051.00 ( 358.00) 188.00 ( 122.00) 64.00 ( 232.00) 122.00 (5,000.00) 2,628.00 ( 75.00) 39.00 ( 660.00) 347.00 (4,500.00) 2,366.00 (16,000.00) 8,411.00 (1,000.00) 526.00 ( 44.00) 23.00 ( 500.00) 263.00 (10,302.00) 5,415.00 ( 737.00) 387.00 ( 39.00) 21.00 (7,000.00) 3,680.00 (1,500.00) 789.00 (1,598.00) 840.00 (3,300.00) 1,735.00 (3,000.00) 526 50) City Information Systems 51) Management Services 52) City Information Systems 53) Management Services 54) City Information Systems 55) Management Services 56) City Information Systems 57) Management Services 58) City Information Systems 59) Management Services 60) City Information Systems 61) Salaries 62) Overtime wages 63) Retirement 64) FICA 65) Hospitalization 66) Dental 67) Life 68) Fees for Professional Services 69) Telephone-Cellular 70) Administrative Supplies 71) Motor Fuels and Lubricants 72) Training and Development 73) Printing 74) Records Management 75) Postage 76) Materials Control 77) Risk Management 78) Vehicle Insurance Premium 79) Fleet Maintenance 80) Depreciation 81) Management Services 82) City Information Systems 83) Management Services 84) City Information Systems 85) Management Services 001-420-1261-7005 001-420-1263-7015 001-420-1263-7005 001-430-4130-7015 001-430-4130-7005 001-430-4170-7015 001-430-4170-7005 001-440-1237-7015 001-440-1237-7005 001-440-1260-7015 001-440-1260-7005 001-440-1617-1002 001-440-1617-1003 001-440-1617-1105 001-440-1617-1120 001-440-1617-1125 001-440-1617-1126 001-440-1617-1130 001-440-1617-2010 001-440-1617-2021 001-440-1617-2030 001-440-1617-2038 001-440-1617-2044 001-440-1617-2075 001-440-1617-2082 001-440-1617-2160 001-440-1617-7010 001-440-1617-7017 001-440-1617-7018 001-440-1617-7025 001-440-1617-9101 001-440-4220-7015 001-440-4220-7005 001 ..440-4330-7015 001-440-4330-7005 001-520-3211-7015 $ ( ( ( 1,577.00 28.0O) 15.00 5,500.00) 2,891.00 1,000.00) 526.00 ( 943.00) 496.00 ( 500.00) 263.00 21,937.00 2,514.00 1,371.00 1,871.00 2,520.00 202.00 175.00 5,000.00 275.00 3,500.00 1,000.00 300.00 9,000.00 65.00 1,500.00 200.00 351.00 298.00 2,000.00 5,000.00 (1,000.00) 526.00 ( 2,000.00 1,051.00 (1,000.00) 86) City Information Systems 87) Management Services 88) City Information Systems 89) Management Services 90) City Information Systems 91) Management Services 92) City Information Systems 93) Management Services 94) City Information Systems 95) Management Services 96) City Information Systems 97) Management Services 98) City Information Systems 99) Management Services 100) City Information Systems 101) Management Services 102) City Information Systems 103) Management Services 104) City Information Systems 105) Management Services 106) City Information Systems 107) Management Services 108) City Information Systems 109) Management Services 110) City Information Systems 111) Management Services 112) City Information Systems 113) Management Services 114) City Information Systems 115) Management Services 116) City Information Systems 117) Management Services 118) City Information Systems 119) Management Services 120) City Information Systems 121) Management Services 122) City Information Systems 123) Management Services 124) City Information Systems 125) Management Services 126) City Information Systems 127) Management Services 128) City Information Systems O01-520-3211-7005 001-520-3212-7015 001-520-3212-7005 001-530-1280-7015 001-530-1280-7005 001-530-4110-7015 001-530-4110-7005 001-530-4160-7015 001-530-4160-7005 001-530-4210-7015 001-530-4210-7005 001-530-4310-7015 001-530-4310-7005 001-610-3410-7015 001-610-3410-7005 001-610-8110-7015 001-610-8110-7005 001-615-8111-7015 001-615-8111-7005 001-620-7110-7015 001-620-7110-7005 001-630-1270-7015 001-630-1270-7005 001-630-5313-7015 001-630-5313-7005 001-630-5314-7015 001-630-5314-7005 001-630-5316-7015 001-630-5316-7005 001-631-3330-7015 001-631-3330-7005 001-631-3350-7015 001-631-3350-7005 001-631-3360-7015 001-631-3360-7005 001-640-3111-7015 001-640-3111-7005 001-640-3113-7015 001-640-3113-7005 001-640-3114-7015 001-640-3114-7005 001-650-7310-7015 001-650-7310-7005 526.00 500.00) 263.00 405.00) 213.00 2,500.00) 1,314.00 3,000.00) 1,577.00 4,800.00) 2,523.00 3,000.00) 1,577.00 500.00 263.00 553.00) 291.00 200.00) 105.00 4,000.00) 2,103.00 1,500.00) 789.00 500.00) 263.00 347.00) 182.00 286.00) 150.00 25.00) 13.00 150.00) 79.00 150.00) 79.00 50.00) 26.00 1,000.00) 526.00 6,500.00) 3,147.00 700.00) 368.00 527 528 129) Miscellaneous- General Only 001-110-1234-0859 145) 146) 147) 148) 149) 15o) 151) 130) Interfund Billings - Management Services 001-110-1234-0899 131) Management Services 002-510-1250-7015 132) General- Management Services 002-510-1250-7022 133) City Information Systems 002-510-1250-7005 134) Management Services 002-510-2160-7015 135) General- Management Services 002-510-2160-7022 136) City Information Systems 002-510-2160-7005 137) Management Services 002-510-2625-7015 138) General- Management Services 002-510-2625-7022 139) City Information Systems 002-510-2625-7005 140) Management Services 003-510-3150-7015 141) General- Management Services 003-510-3150-7022 142) City Information Systems 003-510-3150-7005 143) Management Services 005-550-2105-7015 144) General- Management Services 005-550-2105-7022 City Information Systems 005-550-2105-7005 Management Services 013-430-1601-7015 General- Management Services 013-430-1601-7022 City Information Systems 013-430-1601-7005 Maintenance Contracts Administrative Supplies Training and Development 013-430-1601-2005 013-430-1601-2030 013-430-1601-2044 $ ( 901.00 7,992.00 2,000.00) 949.00 1,051.00 (1,500.00) 711.00 789.00 (4,000.00) 1,897.00 2,103.00 (2,SO0.O0) 1,186.00 1,314.00 ( 250.00) 119.00 131.00 ( 500.00) 237.00 263.00 26,130.00 15,650.00 200.00 529 152) Records Management 153) Depreciation 154) General Fund 155) Water Fund 156) Sewage Fund 157) Civic Center Fund 158) Capital Fund 159) CIS Fund 160) Material Control Fund 161) Fleet Management Fund 162) FDETC 163) Grant Fund 164) Outside 3rd Parties 165) Risk Management 166) Management Services 167) General-Management Services 168) City Information Systems 169) Management Services Fund 170) General Fund 171) Salaries 172) Overtime wages 173) Retirement 174) FICA 175) Hospitalization 176) Dental 177) Life 178) Maintenance Contracts 179) Fees for Professional Services 180) Telephone-Cellular 181) Administrative Supplies 182) Motor Fuels and Lubricants 183) Training and Development 184) Printing 013-430-1601-2082 013-430-1601-9101 013-110-1234-0952 013-110-1234-0953 013-110-1234-0954 013-110-1234-0956 013-110-1234-0959 013-110-1234-0962 013-110-1234-0963 013-110-1234-0966 013-110-1234-0970 013-110-1234-0971 013-110-1234-1104 013-110-1234-1143 014-440-1613-7015 014-440-1613-7022 014-440-1613-7005 014-110-1234-0964 014-110-1234-0952 015-410-1617-1002 015-410-1617-1003 015-410-1617-1105 015-410-1617-1120 015-410-1617-1125 015-410-1617-1126 015-410-1617-1130 015-410-1617-2005 015-410-1617-2010 015-410-1617-2021 015-410-1617-2030 015-410-1-617-2038 015-410-1617-2044 015-410-1617-2075 $ 9,583.00 13,910.00 55,617.00 3,943.00 1,314.00 131.00 158.00 263.00 631.00 631.00 105.00 1,577.00 999.00 105.00 (1,200.00) 569.00 631.00 200.00 ( 200.00) (21,937.00) (2,514.00) (1,371.00) (1,871.00) (2,520.00) ( 202.00) ( 175.00) (26,130.00) (5,000.00) ( 275.00) (19,150.00) (1,000.00) ( 500.00) (9,000.00) 530 185) Records Management 186) Postage 187) Materials Control 188) Risk Management 189) Vehicle Insurance Premium 190) Fleet Maintenance 191) Depreciation 192) General Fund 193) Water Fund 194) Sewage Fund 195) Civic Center Fund 196) Capital Fund 197) CIS Fund 198) Material Control Fund 199) Fleet Management Fund 200) FDETC 201) Grant Fund 202) Outside 3rd Parties 203) Risk Management 204) Management Services Fund 205) General- Management Services 206) City Information Systems 207) Management Services Fund 208) General Fund 209) Management Services 210) General- Management Services 211) City Information Systems 212) Management Services Fund 015-410-1617-2082 015-410-1617-2160 015-410-1617-7010 015-410-1617-7017 015-410-1617-7018 015-410-1617-7025 015-410-1617-9101 015-110-1234-0952 015-110-1234-0953 015-110-1234-0954 015-110-1234-0956 015-110-1234-0959 015-110-1234-0962 015-110-1234-0963 015-110-1234-0966 015-110-1234-0970 015-110-1234-0971 015-110-1234-1104 015-110-1234-1143 017-440-2641-7015 017-440-2641-7022 017-440-2641-7005 017-110-1234-0964 017-110-1234-0952 019-420-1262-7015 019-420-1262-7022 019-420-1262~005 019-110-1234-0964 ( $ 9,648.00) (1,500.00) ( 200.00) ( 351.00) ( 298.00) (2,000.00) (18,910.00) (105,802.00) (7,5OO.OO) (2,5OO.OO) ( 25O.O0) ( 300.00) ( 500.00) (1,200.00) (1,200.00) ( 200.00) (3,000.00) (1,900.00) ( 200.00) (1,200.00) 569.00 631.00 2,000.00 (2,000.00) ( 200.00) 95.00 105.00 649.00 13) 531 General Fund 019-110-1234-0952 (649.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker City Clerk ~Ralp~h,K. Smith~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35459-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 66,701,960.00 Transfer to Other Funds (1) ............................. 65,933,293.00 Public Works $ 22,848,080.00 532 Parks and Grounds Maintenance (2) ...................... Grant Fund 3,943,703.00 Appropriations Parks, Recreation and Cultural $ Urban and Community Forestry Grant (3) ................... 18,674.00 13,674.00 Revenues Parks, Recreation and Cultural $ Urban and Community Forestry Grant (4-5) ................. 18,674.00 13,674.00 1) Transfer to Grant Fund 2) Supplies - Trees (001-250-9310-9535) (001-620-4340-3004) $ 3,674.00 (3,674.00) 3) Urban and Community Forestry Grant (035-620-4341-3004) 4) Federal Grant Receipts (035-620-4341-4341) 5) Local Match (035-620-4341-4342) 13,674.00 10,000.00 3,674.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Smith Mayor 533 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35460-071601. AN ORDINANCE accepting the bid of McNeil Asphalt Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts for Parks and Grounds Maintenance, upon certain terms and conditions; and rejecting all other bids made for such items; and providing for an emergency. BE IT ORDAINED by this Council of the City of Roanoke that: 1. The bid submitted by McNeil Asphalt Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts at a total cost of $99,900.00 is hereby ACCEPTED, as set forth in the City Manager's letter to Council dated July 16, 2001. 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ~'~ Pa~r er Mary F. City Clerk APPROVED ~. Smith~.~~ Mayor 534 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35461-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Department of Technology Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Department of Technology Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 9,316,145.00 Public Safety Automation (1) ............................. 3,514,334.00 Retained Earnings Retained Earnings - Available for Appropriation (2) ......... $ -0- 1) Other Equipment (013-052-9831-9015) $153,054 2) Retained Earnings - Available for Appropriation (013-3348) (153,054) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 535 IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA, The 16th day of July, 2001. No. 35462-071601. A RESOLUTION accepting the bid of GTSl Corporation for the purchase of mobile computers and accepting the bid of Motorola, Inc., for the purchase of vehicle radio modems and test messengers, upon certain terms and conditions, and awarding contracts therefor; authorizing the proper City officials to execute the requisite contracts for such items; and rejecting all other bids made to the City for the items. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of GTSl Corporation to provide mobile computers, mounts, operating system software and extended warranty at a cost of $5,406 per unit, as is set forth in the letter to this Council dated July 16, 2001, and as provided in the bid documents on file in the Department of Purchasing, such bid being in full compliance with the City's specifications made therefor, is hereby ACCEPTED. 2. The bid of Motorola, Inc., to provide vehicle radio modems and test messengers required to operate the mobile computers at a cost of $3,097 per unit, as is set forth in the letter to this Council dated July 16, 2001, and as provided in the bid documents on file in the Department of Purchasing, such bid being in full compliance with the City's specifications made therefor, is hereby ACCEPTED. 3. The City's Manager of Purchasing is hereby authorized to issue the requisite purchase orders therefor, incorporating into such orders the City's specifications, the terms of such bidder's proposal and the terms and provisions of this resolution. 536 4. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35463~71601. A RESOLUTION accepting certain bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made for such equipment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: 537 Quantity Description Successful Bidder Purchase Price 2 2 % - Ton chassis Magic City Motor Corp. $ 73,080.00 Roanoke, Va. 2 10 - Ton chassis Magic City Motor Corp., $ 90,666.00 Roanoke, Va. 1 15 -Ton chassis Magic City Motor Corp. $ 53,892.00 Roanoke, Va. 2 2 1/2 - Ton dump body Roanoke Welding $ 7,790.00 Company, Roanoke Va. 2 10 -Ton dump body Roanoke Welding $ 8,930.00 Company, Roanoke Va. I 15 -Ton dump body Roanoke Welding $ 7,200.00 Company, Roanoke Va. 2. The City's Manager of Purchasing is hereby authorized to issue any requisite purchase orders therefore, incorporating into such orders the City's specifications, the terms of such bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid equipment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 538 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35464-071601. A RESOLUTION authorizing the City Manager to accept the donation of exercise equipment, valued at $20,000, for the Police Department's new building from the Roanoke Association Chapter of the Virginia Police Benevolent Association, and expressing appreciation for the donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to accept the donation of exercise equipment, valued at $20,000, for the Police Department's new building from the Roanoke Association Chapter of the Virginia Police Benevolent Association. 2. This Council expresses its appreciation to the Roanoke Association Chapter of the Virginia Police Benevolent Association for its donation. t3'heOt The City Clerk is directed to forward an attested copy of this resolution Roanoke Association Chapter of the Virginia Police Benevolent Association. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 539 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35465-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to Other Funds (1) .............................. $ 66,701,960.00 65,933,293.00 Public Works Parks and Grounds Maintenance (2) ....................... $ 22,848,080.00 3,943,703.00 Grant Fund Appropriations Parks, Recreation and Cultural $ Urban and Community Forestry Grant (3) ................... 18,674.00 13,674.00 Revenues Parks, Recreation and Cultural $ Urban and Community Forestry Grant (4-5) ................. 18,674.00 13,674.00 1) Transfer to Grant Fund (001-250-9310-9535) $ 3,674.00 2) Supplies - Trees (001-620-4340-3004) (3,674.00) 3) Urban and Community Forestry Grant (035-620-4341-3004) 13,674.00 540 4) Federal Grant Receipts 5) Local Match (035-620-4341-4341) (035-620-4341-4342) $10,000.00 3,674.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35466-071601. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $10,000.00, more particularly set forth in the City Manager's letter dated July 16, 2001, to this Council. 541 2. The City Manager is authorized to execute the necessary agreement, or other related documents, with the Virginia Department of Forestry for the City's acceptance of this grant, upon form approved by the City Attorney APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th of July, 2001. No. 35467-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-02 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-02 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Human Services Committee (1-38) ........................... $27,348,105.00 474,769.00 1) Fees for Professional Services (001-630-5220-2010) $ 11,000.00 2) YMCA of Roanoke Valley (001-630-5220-3708) 9,000.00 3) Literacy Volunteers of America (001-630-5220-3709) $1,000.00 4) Family Services of Roanoke (001-630-5220-3720) 39,000.00 542 5) Bradley Free Clinic 6) League of Older Americans 7) Roanoke Area Ministries 8) RADAR 9) Bethany Hall 10) Big Brothers/ Big Sisters 11) Child Abuse Prevention 12) Council of Community Services - Information and Referral (001-630-5220-3721) (001-630-5220-3722) (001 (001 (OOl (001 (001 -630-5220-3723) -630-5220-3725) -630-5220-3728) -630-5220-3729) -630-5220-3730) (001-630-5220-3732) 13) Northwest Child Development Center 14) Roanoke Valley Speech and Hearing 15) TRUST 16) Inner City Athletic Association 17) West End Center 18) Adult Care Center 19) 20) 21) CHIP 22) Salvation Army 23) Presbyterian Community Center 24) Roanoke Adolescent Health Partnership 25) Court Appointed Special Advocate 26) Greenvale Nursery School 27) Blue Ridge Independent Living Center 28) National MS Society 29) Mental Health Association of Roanoke Valley 30) YWCA 31) National Conference for (001-630-5220-3734) (001-630-5220-3738) (001-630-5220-3740) (001-630-5220-3744) (001-630-5220-3745) (001-630-5220-3746) Tinker Mountain Industries(001-630-5220-3747) Conflict Resolution Center(001-630-5220-3748) 32) (001-630-5220-3751) (001-630-5220-3752) (001-630-5220-3801) (001-630-5220-3767) (001-630-5220-3775) (001-630-5220-3780) (001-630-5220-3781) (001-630-5220-3783) (001-630-5220-3784) (001-630-5220-3785) Community and Justice (001-630-5220-3786) Reserve - SW Virginia Second Harvest Food Bank (001-630-5220-3788) $22,500.00 29,000.00 40,000.00 24,000.00 7,500.00 7,000.00 4,000.00 13,369.00 20,000.00 3,500.00 7,600.00 5,000.00 35,000.00 6,000.00 38,000.00 6,000.00 45,800.00 28,000.00 4,000.00 9,500.00 6,000.00 9,000.00 2,000.00 1,000.00 2,000.00 4,000.00 2,000.00 15,000.00 543 33) Planned Parenthood of the Blue Ridge 34) Boy's and Girl's Club of Roanoke 35) St. John's Community Youth Program 36) Virginia Skyline Girl Scout Council, Inc. 37) Good Samaritan Hospice 38) Subsidies (001-630 -5220 -3795) (001-630-5220-3796) (001-630-5220-3797) (001-630-5220-3798) (001-630 -5220 -3799) (001-630-5220-3700) 4,000.00 3,000.00 5,000.00 5,000.00 1,000.00 (474,769.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED . th Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35468-071601. A RESOLUTION concurring in the recommendations of the Human Services Committee ("Committee") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2001- 2002; authorizing the City Manager or her designee to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter, to execute a contract with St. John's Community Youth Program, Inc., for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits. WHEREAS, the Fiscal Year 2001-2002 budget approved by City Council for the Human Services Committee provides for funding in the amount of $474,769.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Human Services Committee; 544 WHEREAS, requests for City funding in the total amount of $866,863.91 were received by the Human Services Committee from forty (40) agencies; WHEREAS, after studying each application and holding allocation meeting hearings, the Committee has recommended allocation of funding to certain applicant agencies for Fiscal Year 2001-2002; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Human Services Committee as to the allocations for funding of various nonprofit agencies and performance audits for Fiscal Year 2001-2002 as more particularly set forth in the Committee report submitted to this Council, dated July 16, 2001, and the attachment to that report. 2. The Chairman of the Human Services Committee and the Director of Human Development are authorized to release funds to the appropriate agency, provided objectives, activities, and other reasonable requests of the monitoring staff as well as compliance with items reviewed by Municipal Auditing have been submitted and accepted. 3. The City Manager or her designee is authorized to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter. wit4-t.hS The City Manager or her designee is authorized to negotiate a John's Community Youth program, Inc., for provision of services. contract 5. The City Manager or her designee is authorized to negotiate a contract with the Council of Community Services for conducting the necessary audits. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 545 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35469-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney City Council City Attorney City Clerk Real Estate Valuation Municipal Auditing Department of Finance Billings and Collections Electoral Board City Manager Economic Development Department of Management and Budget Human Resources Occupational Health Communications - E911 Communications - Radio Shop Purchasing Custodial Services Building Maintenance Fire - Operations Emergency Medical Services 1,328.00 26,707.00 13,112.00 9,871.00 7,483.00 97.00 5,801.00 125.00 158,468.00 84.00 1,291.00 803.00 4,982.00 19,112.00 58,752.00 934.00 25,147.00 9,464.00 436.00 8,208.00 5,900.00 48,334.00 1,000.00 23,833.00 29,407.00 2,018.00 18,554.00 447,132.00 4,712.00 6,567.00 546 Streets and Traffic Paving Snow Removal Street Lighting Traffic Engineering Solid Waste Management Engineering Building Services Planning and Code Enforcement Parks and Grounds Maintenance Recreation Social Services - Administration Income Maintenance Social Services - Services VISSTA Human Services/Community Education Outreach Detention Youth Haven I Crisis Intervention Police - Investigation Police - Patrol Police - Services Police - Training Law Library Libraries Environmental Services and Emergency Management $31,549.00 440,271.00 41,678.00 25,827.00 133,107.00 14,721.00 169,269.00 21,296.00 46,401.00 180,642.00 72,144.00 1,110.00 7,632.00 16,440.00 1,611.00 3,772.00 17,760.00 9,195.00 31,943.00 15.00 7,251.00 _.. 9,219.00 2,702.00 4,271.00 11,394.00 11,290.00 Total Appropriations $2,252,172.00 Fund Balance Reserve for Prior Year Encumbrances $2,252,172.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 547 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35470-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Expenses Pumping Station and Tanks Purification Capital Outlay Utility Line Services $ 30,071.00 437.00 46,991.00 $173,256.00 97,475.00 Total Appropriations $ 348,230.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 548 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35471-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Administration Maintenance Operations Laboratory Lateral Maintenance and Replacement $ 460,039.0 15,208.00 $978.0O 242.00 16,338.00 Total Appropriations $ 492,805.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35472-071601. 549 AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Expenses Capital Outlay Concessions 5,303.00 37,407.00 17,242.00 Total Appropriations $ 59,952.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 55O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35473-071601. IN ORDINANCE to amend and reordain certain sections of the 2001-2002 Transportation Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Transportation Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Church Avenue Parking Garage $ 960.00 $ 960.00 Total Appropriations BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 551 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35474-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Department of Technology Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Department of Technology Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Expenses Computer Aided Dispatch Telephone System Maintenance Total Appropriations $118,524.00 7,717.00 18,570.00 $144,811.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 552 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35475~71601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Expenses Capital Outlay $ 10,674.00 108,315.00 Total Appropriations $118,989.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 553 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35476-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Instruction General Support Transportation Operation/Maintenance of Plant Facilities 411,360.00 49,601.00 2,174.00 49,439.00 657,479.00 Total Appropriations $1,170,053.00 Fund Balance Reserve for Prior Year Encumbrances $1,170,053.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:~, ~'~ ~' Mary F. Parker Ralph K. Smith City Clerk Mayor 554 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35477-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Food Services Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Food Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Food Services Total Appropriations Fund Balance Reserve for Prior Year Encumbrances $ 24,695.00 $ 24,695.OO $ 24,695.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35478-071601. 555 AN ORDINANCE amending and reordaining Chapter 26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, by amending certain subsections of §26-43, Definitions, and §26-56, Discharge permits for industrial waste, with regard to certain items specifically regulated by this Code in order to comply with regulations of the United States Environmental Protection Agency (EPA), which proposed amendments have been approved by both the EPA and the Virginia Department of Environmental Quality (DEQ); and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 26-43, Definitions, and §26-56, Discharge permits for industrial waste, Article III, Sewer Use Standards, Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: §26-43. Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: COD (chemical oxygen demand) means the measure, expressed in mg/I, of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. COD (soluble) means the COD of the filtrate from wastewater that is filtered through a gooch crucible as required bythe suspended solids test in "Standard Methods." §26-56. Discharge permits for industrial waste. 556 (k) All owners of facilities governed by industrial wastewater permits issued pursuant to this section shall also comply with any applicable reporting requirements, including but not limited to: (1) Baseline monitoring reports. (b) Industrial users described above shall submit the information set forth below: Flow measurement. Information showing the measured or estimated average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestreams formula set out in 40 CFR 403.6(e). 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect immediately upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 557 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35479-071601. A RESOLUTION renaming Washington Park as the Booker T. Washington Park. WHEREAS, on June 29, 1923, by motion, City Council named Washington Park. WHEREAS, a citizen committee established to study ways of improving Washington Park has recommended renaming the Park in order to reflect the history of the Park; and WHEREAS, the Planning Commission's guidelines for naming public facilities indicate that names with historical basis are appropriate and the Commission concurs in the committee's recommendation that the Park's name be changed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The name of Washington Park is hereby changed to Booker T. Washington Park to reflect the history of the Park, in accordance with the recommendation contained in the report of the Roanoke City Planning Commission, dated June 21, 2001. 2. The City Manager is requested to cause this renaming to be noted with the installation of appropriate signs to indicate the change in the Park's name. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 558 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35480-071601. A RESOLUTION authorizing the City Manager to officially name a public right-of-way located within the City WHEREAS, pursuant to §30-34 of the Code of the City of Roanoke (1979), as amended, the City Manager is authorized to review and recommend to City Council the naming and renaming of existing streets and alleys, both public and private; WHEREAS, new industrial development along Frontage Road resulted in the extension of Ordway Drive, N.W., from Hershberger Road, N.W., to Ferndale Drive, N.W.; WHEREAS, a cul-de-sac was installed on Ferndale Drive, N.W., near William Ruffner Middle School for traffic safety purposes; WHEREAS, the name of the new street connection was never changed to reflect the new street pattern; WHEREAS, the City Manager referred this matter to the Planning Commission for the City of Roanoke, which held a public hearing on June 21,2001, and forwarded this matter to City Council for its consideration; WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied; and WHEREAS, the Planning Commission for the City of Roanoke has made its recommendation to City Council in a report dated July 16, 2001. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That section of Ferndale Drive, N.W., from the extended Ordway Drive, N.W., to its terminus to Ordway Drive, N.W., is hereby designated and named Ordway Drive, N.W. 2. The City Engineer is hereby directed to cause the above public right-of-way name to be appropriately noted on all maps and plats lodged in his care and to cause the placement of appropriate street name signs on said right-of-way. 559 3. The City Clerk is hereby directed to transmit attested copies of this resolution to the Postmaster and relevant departments in order to be apprised of the aforesaid street name change. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35481-071601. A RESOLUTION supporting tax exemption of the Blue Ridge Small Business Center, Inc., located in the City of Roanoke, an organization used exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, the Blue Ridge Small Business Development Center, Inc. dlbla the New Century Venture Center (hereinafter "the Applicant"), has petitioned this Council for support of a bill to be introduced at the 2001 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 16, 2001; and WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; and WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130814, 1130809 and 2221501, commonly known as 1354 Eighth 56O Street, S.W. (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution, and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 2001 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. Council supports a bill to be introduced at the 2001 Session of the General Assembly whereby the Blue Ridge Small Business Center, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130814 and 1130809 2221501, commonly known as 1354 Eighth Street, S.W., and owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 2001 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of §30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the Property is currently assessed at $377,000.00 representing a real property tax liability of $13, 705.57 over the past three tax years, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to Lisa Ison, President of the Blue Ridge Small Business Development Center, Inc. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35482-071601. AN ORDINANCE authoring the City Manager to execute the necessary documents providing for the sale and conveyance of certain City-owned parcels located at or near 111 Franklin Road, S. W. and at the intersection of Franklin Road and Jefferson Street, bearing Official Tax No. 4016001 (Key Plaza) and Official Tax No. 4016003, upon certain terms and conditions, and dispensing with the second reading of this ordinance. BE iT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or her designee, and the City Clerk, are authorized, for and on behalf of the City, execute and attest, respectively, the necessary documents providing for the sale of City-owned property located at or near 111 Franklin Road, S. W., and at the intersection of Franklin Road and Jefferson Street, known as Official Tax No. 4016001 (Key Plaza), and official Tax No. 4016003, 562 to Trigon Insurance Company, for the sum of $100.00, upon the terms and conditions more particularly set forth in the City Manger's letter and attachments to this Council, dated July 16, 2001. 2. All documents shall be in form approved by the City Attorney. 3. Pursuant to the provision of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor