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HomeMy WebLinkAbout33890-070698 thru 34331-060799IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33890-070698. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 104, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Shrinath Enterprises, LLC, 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, 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 June 15, 1998, 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. 104 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That 2.378-acre tract of land located at 1927 Franklin Road, S.W., between Wiley Drive and Brandon Avenue, S.W., and designated on Sheet No. 104 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1040302, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the Amended Petition filed in the Office of the City Clerk on May 18, 1998, and that Sheet No. 104 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33891-070698. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 404, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, CHS, Inc. and Carilion Medical Center, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-t, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, 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 June 15, 1998, 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. 404 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: All of four parcels of land located on Hamilton Terrace, S.E., and designated on Sheet No. 404 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4040822, 4040823, 4040824, and 4040825, and a portion of a parcel located on Belleview Avenue, S.E., and designated on Sheet No. 404 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4040833, be, and are hereby rezoned from RM-1, Residential Multifamily, Low Density 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 April 29, 1998, and that Sheet No. 404 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33892-070698. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Roanoke City Planning Commission has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §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 4 WHEREAS, a public hearing was held by City Council on said application at its meeting on June 15, 1998, 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. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Those certain parcels of land located in the Northeast quadrant of the City, fronting on Ridgefield Street and Mississippi Avenue, and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3130304, 3130305, 3130306, 3130307, 3130308, 3130313, 3130314, 3130315, 3130505, 3130506, and 3130507, be, and are hereby rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, pursuant to the Petition filed in the Office of the City Clerk on April 9, 1998, and that Sheet No. 313 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33893-070698. AN ORDINANCE repealing Ordinance No. 32891-050696, adopted May 6, 1996, and authorizing the Mayor to execute an Agreement between the County of Roanoke and the City of Roanoke relating to the boundary line between said governmental entities, and authorizing certain other actions relating to such boundary line adjustment. WHEREAS, this Council deems it appropriate to repeal Ordinance No. 32891- 050696, adopted May 6, 1996, which relocated certain portions of the boundary line between the City of Roanoke and the County of Roanoke; and WHEREAS, this Council deems it appropriate in order to further the public health, safety and welfare to relocate portions of the boundary line between the City of Roanoke and the County of Roanoke in accordance with the provisions of §15.2- 3106 through §15.2-3108 of the Code of Virginia (1950), as amended ("State Code"); and WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services; and WHEREAS, the Planning Commission has recommended to the Council establishment of a new boundary line at certain points between the City of Roanoke and the County of Roanoke, as set out in its report dated June 15, 1998, to this Council; and WHEREAS, the County of Roanoke, through its administration, has indicated its support for the boundary relocation as set forth in the Planning Commission's report dated June 15, 1998, to this Council; and WHEREAS, the Council concurs in the recommendation of the Planning Commission as set forth in its report dated June 15, 1998. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council hereby REPEALS Ordinance No. 32891-050696, adopted May 6, 1996. 2. This Council approves the concept of the adjustment of the boundary line between the City of Roanoke and Roanoke County as set forth in the Planning Commission's report dated June 15, 1998, to this Council. 3. The Mayor and the City Clerk be, and hereby are, authOrized to execute and attest, respectively, an Agreement, between the City of Roanoke and the County of Roanoke, in form approved by the City Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly described in the Planning Commission's report dated June 15, 1998, to this Council, all of which is incorporated by reference herein, subject to this Council's reconsideration of this matter at a public hearing held on a later date as required by law. 4. The City Manager is authorized to take, or cause to be taken, such actions as may be necessary to effect and prepare a survey of said boundary adjustment at no cost to the City, in accordance with the terms and conditions as set forth in the Planning Commission's report dated June 15, 1998, to this Council. 5. The boundary line set forth in said Agreement shall be described by metes and bounds. 6. Upon execution of the Agreement between the governmental entities, and further consideration by this Council as required by law, the City Attorney is authorized to participate in appropriate legal proceedings in the Circuit Court of one of the affected jurisdictions, and to execute appropriate pleadings, orders and decrees, approved as to form by him, to relocate the boundary line in accordance with the Planning Commission's report dated June 15, 1998, to this Council. 7. Upon the execution of the Agreement between the governmental entities in accordance with law, the City Clerk is authorized to cause the description of such boundary line, as agreed upon, to be duly published in accordance with law, at no cost to the City. 8. The Mayor and City Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein, and the City Clerk is authorized to attest such documents, consistent with the Planning Commission's report dated June 15, 1998, to this Council, at no cost to the City. 9. Upon entry of an order by the Circuit Court establishing the new boundary line in accordance with law, the City Clerk is directed to forward a certified copy of such order to the Secretary of the Commonwealth. 7 10. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors for Roanoke County. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33894-070698. A RESOLUTION recognizing the HONORABLE C. NELSON HARRIS to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable C. Nelson Harris received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday in May, 1998, and was, therefore, elected Vice-Mayor of the City for a two-year term which commenced July 1, 1998, as provided by §4 of the Charter of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable C. Nelson Harris be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of July, 1998, and continuing for a period of four years and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 1998, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33895-070698. A RESOLUTION recognizing the services of the HONORABLE LINDA F. WYATT as Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable Linda F. Wyatt was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 1996, and served in this office from July 1, 1996, to June 30, 1998; and WHEREAS, Ms. Wyatt has served diligently and with distinction as Vice- Mayor, performing many and varied responsibilities required of her as Vice-Mayor in a selfless manner while also honorably discharging her other duties on the City Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor and Members of this body do hereby recognize and commend the Honorable Linda F. Wyatt for her outstanding service as Vice-Mayor of this City and assure her of their continued support as she continues to serve as a Member of Council. 2. An attested copy of this Resolution, approved by the Mayor, shall be presented to Ms. Wyatt. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33896-070698. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 1998, and terminating June 30, 1999. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 1998, and terminating June 30, 1999. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 3. Unless otherwise provided by resolution of Council, each regular meeting of Council shall commence at 12:15 p.m. for the conduct of informal meetings, work sessions or executive sessions. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 12:15 p.m. session and the 2:00 p.m. session. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. ~ 4. All meetings of City Council shall be automatically adjourned at I1:00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously carried. 5. All regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building in this City, unless otherwise provided by resolution of Council. 6. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place. ]0 7. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33897-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDroDriations Education Title I Even Start Family Literacy Grant 98-99(1-31) ......... Title VI 98-99 (32-40) .................................. Governor's School 98-99 (41-83) ........................ Child Development Clinic 98-99 (84-91) .................. Child Specialty Services 98-99 (92-99) ................... Juvenile Detention Home 98-99 (100-107) ................ Preschool Incentive Program 98-99 (108-119) .............. Adult Basic Education Program 98-99 (120-132) ............ Apprenticeship Program 98-99 (133-138) ................. Perkins Act Program 98-99 (139-143) .................... Drug Free Schools Program 98-99 (144-153) .............. $ 6,447,938.00 225,000.00 156,603.00 1,023,769.00 63,423.00 61,024.00 111,785.00 132,864.00 139,180.00 130,650.00 327,793.00 60,173.00 FIowThrough Program 98-99 (154-170) ................ ':. $ 1,305,000.00 Title I Winter Program 98-99 (171-201) .................... 2,710,674.00 Instruction (202-203) ...................................69,133,872.00 Other Uses of Funds (204) .............................. 2,505,350.00 Revenue Education Title I Even Start Family Literacy Grant 98-99(205) .......... Title VI 98-99 (206-207) ................................. Governor's School 98-99 (208-210) ....................... Child Development Clinic 98-99 (211) ..................... Child Specialty Services 98-99 (212) ...................... Juvenile Detention Home 98-99 (213) ..................... Preschool Incentive Program 98-99 (214) .................. Adult Basic Education Program 98-99 (215-216) ............. Apprenticeship Program 98-99 (217-218) ................... Perkins Act Program 98-99 (219) ......................... Drug Free Schools Program 98-99 (220) ................... Flow Through Program 98-99 (221) ....................... Title I Winter Program 98-99 (222) ......................... 6,447,938.00 225,000.00 156,603.00 1,023,769.00 63,423.00 61,024.00 111,785.00 132,864.00 139,180.00 130,650.00 327,793.00 60,173.00 1,305,000.00 2,710,674.00 1) Compensation of Teachers 2) Compensation of Supervisors 3) Compensation of Teacher Aides 4) Social Security 5) Retirement - VRS 6) Health Insurance 7) Professional Health Services 8) Other Professional Services 9) Lease/Rent of Equipment 10) Mileage 11) Field Trips (030-060-6164-6000-0121) (030-060-6164-6000-0124) (030-060-6164-6000-0141 ) (030-060-6164-6000-0201 ) (030-060-6164-6000-0202) (030-060-6164-6000-0204) (030-060-6164-6000-0311) (030-060-6164-6000-0313) (030-060-6164-6000-0541) (030-060-6164-6000-0551) (030-060-6164-6000-0583) 12) Inservice Workshops (030-060-6164-6000-0587) 13) Educational and Recreational Supplies (030-060-6164-6000-0614) $ 29,840.00 53,067.00 19,100.00 6,885.00 13,761.00 9,366.00 1,000.00 1,000.00 1,871.00 2,000.00 2,000.00 10,000.00 250.00 12 14) Other Operation Supplies 15) Inservice Supplies 16) Additional Machinery and Equipment 17) Additional Furniture and Fixtures 18) Compensation of Teachers 19) Compensation of Counselors 20) Compensation of Teacher Aides 21) Compensation of Clerical 22} Social Security 23) Retirement - VRS 24) Health Insurance 25) Field Trips (030-060-6164-6000-0616) (030-060-6164-6000-0617) (030-060-6164-6000-0821 ) (030-060-6164-6000-0822) (030-060-6t 64-6100-0121 ) (030-060-6164-6100-0123) (030-060-6164-6100-0141 ) (030-060-6164-6100-0151 ) (030-060-6164-6100-0201 ) (030-060-6164-6100-0202) (030-060-6164-6100-0204) (030-060-6164-6100-0583) 26) Inservice Workshops (030-060-6164-6100-0587) 27) Office Supplies 28) Food 29) Educational and Recreational Supplies 30) Other Operation Supplies 31) Inservice Supplies 32) Compensation of Counselors 33) Social Security 34) Retirement - VRS 35) Health Insurance 36) Books and Subscriptions 37) Compensation of Directors 38) Social Security 39) Retirement - VRS 40) Health Insurance 41) Compensation of Substitute Teachers (030-060-6164-6100-0601) (030-060-6164-6100-0602) (030-060-6164-6100-0614) (030-060-6164-6100-0615) (030-060-6164-6100-0617) (030-060-6247-6231-0123) (030-060-6247-6231-0201) (030-060-6247-6231-0202) (030-060-6247-6231-0204) (030-060-6247-6138-0613) (030-060-6247-6665-0114) (030-060-6247-6665-0201) (030-060-6247-6665-0202) (030-060-6247-6665-0204) (030-060-6316-6146-0021) $ 10,425.00 2,250.00 10,100.00 4,123.00 10,374.00 14,740.00 1,740.00 3,150.00 5,691.00 1,988.00 1,171.00 1,000.00 1,000.00 88.00 1,000.00 2,125.00 1,895.00 2,000.00 89,572.00 6,852.00 12,083.00 4,684.00 3,218.00 32,213.00 2,464.00 4,345.00 1,172.00 2,225.00 42) Compensation of Teachers 43) Supplements 44) Social Security 45) Retirement - VRS 46) Health Insurance 47) Mileage 48) Conventions/ Education 49) Field Trips 50) Books and Subscriptions 51) Educational and Recreational Supplies 52) Other Operation Supplies 53) Compensation of Principals 54) Compensation of Clerical 55) Social Security 56) Retirement - VRS 57) Health Insurance 58) Mileage 59) Conventions/ Education 60) Office Supplies 61) Other Operation Supplies 62) Supplements 63) Compensation of Clerical 64) Social Security 65) Maintenance of Service Contract 66) Printing and Binding 67) Purchased Services 68) Books and Subscriptions 69) Educational and Recreational Supplies (030-060-6316-6146-0121) (030-060-6316-6146-0129) (030-060-6316-6146-0201 ) (030-060-6316-6146-0202) (030-060-6316-6146-0204) (030-060-6316-6146-0551 ) (030-060-6316-6146-0554) (030-060-6316-6146-0583) (030-060-6316-6146-0613) (030-060-6316-6146-0614) (030-060-6316-6146-0615) (030-060-6316-6319-0126) (030-060-6316-6319-0151) (030-060-6316-6319-0201) (030-060-6316-6319-0202) (030-060-6316-6319-0204) (030-060-6316-6319-0551) (030-060-6316-6319-0554) (030-060-6316-6319-0601) (030-060-6316-6319-0615) (030-060-6316-6346-0129) (030-060-6316-6346-0151) (030-060-6316-6346-0201 ) (030-060-6316-6346-0332) (030-060-6316-6346-0351) (030-060-6316-6346-0381) (030-060-6316-6346-0613) (030-060-6316-6346-0614) $534,202.00 4,220.00 43,230.00 65,600.00 30,845.00 390.00 1,401.00 1,173.00 4,979.00 2,740.00 1,000.00 72,008.00 26,381.00 7,871.00 12,082.00 4,746.00 535.00 870.00 4,100.00 2,440.00 2,936.00 4,984.00 381.00 7,353.00 12,100.00 8,525.00 225.00 25,311.00 ]4 70) Additional Machinery and Equipment 71) Compensation of Custodians 72) Social Security 73) Retirement - Other 74) Health Insurance 75) Electrical Service 76) Heating Service (030-060-6316-6346-0821) (030-060-6316-6681-0192) (030-060-6316-6681-0201) (030-060-6316-6681-0203) (030-060-6316-6681-0204) (030-060-6316-6681-0511 ) (030-060-6316-6681-0512) 77) Telecommunications (030-060-6316-6681-0523) 78) Repair and Maintenance Supplies 79) Additional Furniture and Fixtures 80) Contingency 81) Replacement Other Capital Outlays 82) Redemption of Principal 83) Interest 84) Compensation of Other Professionals 85) Social Security 86) Retirement - VRS 87) Health Insurance 88) Indirect Costs 89) Mileage 90) Educational and Recreational Supplies (030-060-6316-6681-0608) (030-060-6316-6681-0822) (030-060-6316-6896-0589) (030-060-6316-6896-0809) (030-060-6316-6896-0901) (030-060-6316-6896-0902) (030-060-6547-6554-0138) (030-060-6547-6554-0201) (030-060-6547-6554-0202) (030 -060-6547-6554-0204) (030-060-6547-6554-0212) (030-060-6547-6554-0551) (030-060-6547-6554-0614) 91) Additional Machinery (030-060-6547-6554-0821) and Equipment 92) Compensation of Other Professionals 93) Social Security 94) Retirement - VRS 95) Health Insurance 96) Indirect Costs 97) Mileage (030-060-6548-6554-0138) (030-060-6548-6554-0201) (030-060-6548-6554-0202) (030-060-6548-6554-0204) (030-060-6548-6554-0212) (030-060-6548-6554-0551) 10,020.00 17,921.00 1,434.00 1,801.00 2,373.00 15,000.00 500.00 6,760.00 6,350.00 1,800.00 4,105.00 16,952.00 38,500.00 15,400.00 46,568.00 3,562.00 5,723.00 2,342.00 2,328.00 1,400.00 1,000.00 500.00 43,767.00 3,348.00 5,379.00 2,342.00 2,188.00 2,5O0.00 ]5 98) Educational and Recreational Supplies (030-060-6548-6554-0614) 99) Additional Machinery and Equipment 100) Compensation of Other Professionals 101) Social Security 102) Retirement - VRS 103) Health Insurance 104) Indirect Costs 105) Mileage 106) Educational and Recreational Supplies (030-060-6548-6554-0821) (030-060-6549-6554-0138) (030-060-6549-6554-0201) (030-060-6549-6554-0202) (030-060-6549-6554-0204) (030-060-6549-6554-0212) (030-060-6549-6554-0551) (030-060-6549-6554-0614) 107) 108) 109) 110) 111) 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) 124) 125) Additional Machinery and Equipment (030-060-6549-6554-0821) Supplements (030-060-6550-6553-0129 Compensation of Teacher Aides Social Security Retirement - VRS Health Insurance Purchased Services Tuition - In-State Field Trips Parent Involvement (030-060-6550-6553-0585) Other Miscellaneous Payments (030-060-6550-6553-0586) Educational and Recreational Supplies (030-060-6550-6553-0614) Additional Machinery and Equipment Compensation of Teachers Compensation of Counselors Supplements Compensation of Teacher Aides Social Security Retirement - VRS (030-060-6550-6553-0141) (030-060-6550-6553-0201) (030-060-6550-6553-0202) (030-060-6550-6553-0204) (030-060-6550-6553-0311) (030-060-6550-6553-0382) (030-060-6550-6553-0583) (030-060-6550-6553-0821) (030-060-6704-6450-0121) (030-060-6704-6450-0123) (030-060-6704-6450-0129) (030-060-6704-6450-0141) (030-060-6704-6450-0201 ) (030-060 -6704-6450-0202) $ 1,000.00 500.00 82,921.00 6,344.00 10,191.00 4,683.00 4,146.00 500.00 2,500.00 500.00 25,000.00 25,753.00 3,883.00 3,475.00 5,882.00 15,500.00 18,540.00 1,600.00 1,500.00 2,900.00 14,479.00 14,352.00 86,770.00 1,662.00 2,890.00 6,920.00 7,294.00 6,147.00 126) Health Insurance 127) Mileage 128) Educational and Recreational Supplies 129) Compensation of Clerical 130) Social Security 131) Retirement - VRS 132) Health Insurance 133) Compensation of Teachers 134) Social Security 135) Retirement - VRS 136) Health Insurance 137) Other Professional Services 138) Mileage 139) Compensation of Teachers 140) Social Security 141) Retirement - VRS 142) Health Insurance (030-060-6704-6450-0204) (030-060-6704-6450-0551) (030-060-6704-6450-0614) (030-060-6704-6550-0151) (030-060~704-6550~201) (030-060-6704-6550-0202) (030-060-6704-6550-0204) (030-060-6705-6138-0121) (030-060-6705-6138-0201) (030-060-6705-6138-0202) (030-060-6705-6138-0204) (030-060-6705-6138-0313) (030-060-6705-6138-0551) (030-060-6706-6138-0121) (030-060-6706-6138-0201) (030-060~706-6138~202) (030-060-6706-6138-0204) 143) and Equipment 144) Compensation of Counselors 145) Supplements 146) Social Security 147) Retirement - VRS 148) Health Insurance 149) Other Professional Services 150) Mileage 151) Field Trips 152) Inservice Workshops 153) Educational and Recreational Supplies 154) Compensation of Teachers 155) Compensation of Supervisors Additional Machinery (030-060-6706-6138-0821) (030-060-6981-6306-0123) (030-060-6981-6306-0129) (030-060-6981-6306-0201) (030-060-6981-6306-0202) (030-060-6981-6306-0204) (030-060-6981-6306-0313) (030-060-6981-6306-0551) (030-060-6981-6306-0583) (030-060-6981-6306-0587) (030-060-6981-6306-0614) (030-060-6546-6453-0121 ) (030-060-6546-6453-0124) 2,342.00 2,620.00 4,610.00 13,578.00 1,039.00 1,669.00 1,639.00 50,393.00 8,564.00 6,798.00 2,342.00 61,553.00 1,000.00 92,765.00 7,147.00 11,401.00 7,025.00 209,455.00 31,040.00 2,000.00 2,375.00 4,187.00 2,341.00 5,335.00 1,000.00 -7,000.00 1,223.00 3,672.00 398,136.00 151,123.00 17 156) 167) 158) 159) 160) 161) 162) 163) 164) 165) 166) 167) 168) 169) Compensation of Psychologists (030-060-6546-6453-0132) Compensation of Teachers Aides (030-060-6546-6453-0141) Social Security Retirement - VRS Health Insurance Compensation of Business Aides Social Security Health Insurance Professional Health Services Other Professional Services Conventions/ Education 170) and Equipment 171) Compensation of Teachers 172) Compensation of Supervisors 173) Supplements 174) Compensation of Teacher Aides 175) Social Security 176) Retirement- VR$ 177) Health Insurance 178) Educational and Recreational Supplies (030-060-6546-6453-0201) (030-060-6546-6453-0202) (030-060-6546-6453-0204) (030-060-6546-6553-0142) (030-060-6546-6553-0201) (030-060-6546-6553-0204) (030-060-6546-6553-0311) (030-060-6546-6553-0313) (030-060-6546-6553-0554) Other Miscellaneous Payments Inservice Workshops Educational and Recreational S u pplies (030-060-6546-6553-0614) Additional Machinery (030-060-6546-6553-0586) (030-060-6546-6553-0587) (030-060-6546-6553-0821) (030-060-6163-6000-0121) (030-060-6163-6000-0124) (030-060-6163-6000-0129) (030-060-6163-6000-0141) (030-060-6163-6000-0201) (030-060-6163-6000-0202) (030-060-6163-6000-0204) (030-060-6163-6000-0614) 179) Additional Machinery and Equipment (030-060-6163-6000-0821) 180) Compensation of Directors (030-060-6163-6200-0114) 20,080.00 95,865.00 50,888.00 89,736.00 48,385.00 44,258.00 3,386.00 14,535.00 307,800.00 18,000.00 6,300.00 2,008.00 1,000.00 29,300.00 24,200.00 1,146,960.00 106,976.00 40,670.00 301,211.00 122,080.00 209,789.00 145,829.00 30,320.00 85,000.00 64,629.00 181) Compensation of Teachers 182) Compensation of Supervisors 183) Supplements 184) Compensation of Other Professionals 185) Compensation of Teacher Aides 186) Compensation of Clerical 187) Social Security 188) Retirement - VRS 189) Health Insurance 190) Indirect Costs 191) Maintenance Service Contracts 192) Mileage 193) Field Trips 194) Testing/Evaluation/ Dissemination (030-060-6163-6200-0121) (030-060-6163-6200-0124) (030-060-6163-6200-0129) (030-060-6163-6200-0138) (030-060-6163-6200-0141) (030-060-6163-6200-0151 ) (030-060-6163-6200-0201 ) (030-060-6163-6200-0202) (030-060-6163-6200-0204) (030-060-6163-6200-0212) (030-060-6163-6200-0332) (030-060-6163-6200-0551) (030-060-6163-6200-0583) (030-060-6163-6200-0584) 195) Parent Involvement (030-060-6163-6200-0585) 196) Other Miscellaneous Payments 197) Inservice Workshops 198) Office Supplies 199) Food 200) Other Operation Supplies 201) (030-060-6163-6200-0586) (030-060-6163-6200-0587) (030-060-6163-6200-0601 ) (030-060-6163-6200-0602) (030-060-6163-6200-0615) Additional Machinery and Equipment 202) Matching Funds 203) Matching Funds 204) Matching Funds 205) Federal Grant Receipts 206) Local Match 207) Federal Grant Receipts 208) State Grant Receipts (030-060-6163-6200-0821) (030-060-6001-6346-0588) (030-060-6001-6450-0588) (030-060-6007-6998-0588) (030-060-6164-1102) (030-060-6247-1101) (030-060-6247-1102) (030-060-6316-1100) 35,486.00 25,332.00 23,760.00 29,580.00 9,550.00 20,212.00 15,954.00 24,928.00 12,410.00 44,250.00 11,508.00 2,500.00 140,130.00 14,915.00 5,900.00 8,050.00 6,000.00 2,475.00 5,795.00 3,475.00 15,000.00 (297,275.00) (22,700.00) (53,900.00) 225,000.00 45,386.0O 111,217.00 375,334.00 209) Local Match 210) Fees 211) State Grant Receipts 212) State Grant Receipts 213) State Grant Receipts 214) Federal Grant Receipts 215) Local Match 216) Federal Grant Receipts 217) State Grant Receipts 218) Fees 219) Federal Grant Receipts 220) Federal Grant Receipts 221) Federal Grant Receipts 222) Federal Grant Receipts (030-060-6316-1101 ) (030-060-6316-1103) (030-060-6547-1100) (030-060-6548-1100) (030-060-6549-1100) (030-060-6549-1102) (030-060-6704-1101) (030-060-6704-1102) (030-060-6705-1100) (030-060-6705-1103) (030-060-6706-1102) (030-060-6981-1102) (030-060-6546-1102) (030-060-6163-1102) $ 351,175.00 297,260.00 63,423.00 61,024.00 111,785.00 132,864.00 22,700.00 116,480.00 46,296.00 84,354.00 327,793.00 60,173.00 1,305,000.00 2,710,674.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33898-070698o A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Roanoke Valley Convention and Visitors Bureau, for a term of one year, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure, and business travel, all as more particularly set forth in the City manager's report to this Council dated July 6, 1998. 2. The contract amount authorized by this resolution shall not exceed $525,000 without further Council authorization. Attorney. Said agreement shall be in such form as is approved by the City ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33899-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_r) riations: Operating Personal Services (1) ................................ Contractual Services (2) .............................. Other Charges (3-5) .................................. $ 350,000.00 41,000.00 75,000.00 234,000.00 Revenue: Non-Operating 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) Conference Center Operations - Working Capital 6) City Contribution 7) Virginia Tech Contribution (010-002-9500-1002) (010-002-9500-2010) (010-002-9500-2044) (010-002-9500-2092) (010-002-9500-2091 ) (010-002-1234-1125) (010-002-1234-1128) $ 41,000.00 75,000.00 6,000.00 5,000.00 223,000.00 175,000.00 175,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 22 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33900-070698. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 1998-1999. WHEREAS, §21 of the Hotel Roanoke Conference Center Commission Act (Chapter 440 of 1991 Acts of Assembly) requires that each participating party approve the Commission's proposed operating budget for the forthcoming fiscal year; WHEREAS, the Commission has submitted to this Council a proposed operating budget showing estimated revenues in the amount of $3,095,925 and expenses in the amount of $2,797,904 for Fiscal Year 1998-1999, with the City share of 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 1998-1999, a copy of which is attached to the City Manager's report to this Council, dated July 6, 1998, with the City share of 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 6th day of July, 1998. No. 33901-070698. A RESOLUTION authorizing the City Manager or Assistant City Manager to execute administrative agreements and any necessary amendments thereto with five (5) separate agencies for implementation of various Community Development Block Grant programs. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, five (5) separate administrative agreements, and any necessary amendments thereto, within the limits of funds set forth and for the purposes specified in the City Manager's report to this Council dated July 6, 1998, and the attachments thereto. 2. The form of the agreements and any necessary amendments shall be in form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33902-070698. A RESOLUTION authorizing the execution of Amendment No. 2 to the City's agreement with Hayes, Seay, Mattern & Mattern, Inc.; and authorizing the execution of Amendment No. 2 to the City's agreement with Mattern & Craig, Inc., for additional engineering services to be performed in connection with the Bridge Inspection Program. 24 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's Agreement with Hayes, Seay, Mattern & Mattern, Inc., dated July 15, 1996, in order to provide additional engineering services in connection with the Bridge Inspection Program. 2. Such agreement shall provide for the services set forth in the City Manager's report to Council dated July 6, 1998, and the cost of those additional services shall be in the amount of $78,400. 3. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's Agreement with Mattern & Craig, Inc., dated June 14, 1996, in order to provide additional engineering services in connection with the Bridge Inspection Program. 4. Such agreement shall provide for the servicea set forth in the City Manager's report to Council dated July 6, 1998, and the cost of those additional services shall be in the amount of $67,200. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33903-070698. A RESOLUTION establishing a program providing for free downtown residents in City-owned or City-controlled parking recommended by the City Manager's report, dated July 6, 1998o WHEREAS, this Council seeks to encourage persons living downtown; and parking for facilities as WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council approves and hereby establishes the program to provide downtown residents free parking in City-owned or City-controlled parking facilities, the details of which are set forth in the City Manager's report, dated July 6, 1998. 2. This program shall take effect upon the adoption of this resolution and shall be effective for three years after which the City Manager shall evaluate the effectiveness of this program and make appropriate report to City Council. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33904-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ao_oropriations Recreation $ 1,585,375.00 Mill Mountain Improvements (1) ......................... 500,000.00 Capital Improvement Reserve $ 13,040,776.00 Public Improvement Bonds - Series 2000 (2) ............... (2,669,988.00) 1) Appropriated from Bond Funds 2) Parks (008-052-9711-9001) (008-052-9709-9180) $ 500,000.00 (600,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33905-070698. AN ORDINANCE authorizing the City Manager's issuanCe of Change Order No. 1 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. WHEREAS, the original contract was entered into with Danis Heavy Construction Company, which has since changed its name to Danis Environmental Industries, Inc. of Dayton, Ohio, and future reference will now be to Danis Environmental Industries, Inc. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated July 6, 1998. 2. The Change Order will provide authorization for additions and reductions in the work with a net increase in the amount of $100,513 to the original contract dated September 18, 1997, all as set forth in the above report. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33906-070698. AN ORDINANCE authorizing the City Manager's issuanc~ of Change Order No. 2 to the City's contract with Virginia Department of Transportation, for the 1-581 Interchange improvers*tents at Valley View Boulevard; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Virginia Department of Transportation, for the 1-581 Interchange improvements at Valley View Boulevard, all as more fully set forth in the report to this Council dated July 6, 1998. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $48,573 to the original contract, all as set forth in the above report. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33908-070698. A RESOLUTION accepting the bid of U.S. Pipe and Foundry Company, 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. The unit price bid of U.S. Pipe and Foundry Company, Inc., made to the City, offering to supply ductile iron water pipe, for the period of July 1, 1998 to June 30, 1999, meeting all of the City's specifications and requirements therefor, for the total bid price of $139,833, based on estimated quantities, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th d~y of July, 1998. No. 33909-070698. A RESOLUTION authorizing the City Manager to enter into a two-year contract with the Commonwealth of Virginia Department of Emergency Services to participate in a Regional Hazardous Materials Response Team. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a two-year contract commencing July 1, 1998, with the Commonwealth of Virginia Department of Emergency Services to participate in a Regional Hazardous Materials Response Team, said contract to be in such form as is approved by the City Attorney, as is more particularly set forth in the report of the City Manager, dated July 6, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 30 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33910-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 City Information Systems 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 1998-99 City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriation$ Capital Outlay $ CSA Utilization Management System (1) .................. 883,291.00 65,000.00 Retained Earnings Retained Earnings - Unrestricted (2) ...................... $ 3,059,685.00 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted (013-052-1605-9003) (013-3336) $ 65,000.00 (65,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker owers City Clerk Mayor $! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33911-070698. A RESOLUTION authorizing the City Manager or his designee to enter into a contract with Managed Health Services, Inc., and any necessary amendments thereto, to provide management services for placements utilizing the Comprehensive Services Act (CSA) funding, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager, or his designee, and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the city, a contract with Managed Health Services, Inc., to provide management services for placements utilizing CSA funds and any necessary amendments thereto, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated July 6, 1998. All documents to be approved as to form by the City Attorney prior to execution by the City Manager. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33912-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_oro_~riations Fifth District Employment and Training Consortium FY98-99 $ 375,000.00 Title III - 40% (1-23) .................................... 375,000.00 Revenue Fifth District Employment and Training Consortium FY98-99, $ 375,000.00 Title III -40% (24) ..................................... 375,000.00 1) Administrative Wages 2) Administrative Fringes 3) Administrative Travel 4) Administrative Communications 5) Administrative Supplies 6) Administrative Insurance 7) Administrative Equipment 8) Administrative Miscellaneous 9) BRS Wages 10) BRS Fringes 11) BRS Travel 12) BRS Communication 13) BRS Supplies 14) BRS Insurance 15) BRS VEC 16) BRS Equipment 17) BRS Miscellaneous 18) Supportive Services 19) Training/ FDETC I/R 20) Training/ FDETC OJT (034-054-9982-8350) (034-054-9982-8351) (034-054-9982-8352) (034-054-9982-8353) (034-054-9982-8355) (034-054-9982-8356) (034-054-9982-8359) (034-054-9982-8360) (034-054-9982-8066) (034-054-9982-8067) (034-054-9982-8068) (034-054-9982-8069) (034-054-9982-8070) (034-054-9982-8056) (034-054-9982-8405) (034-054-9982-8496) (034-054-9982-8060) (034-054-9982-8461) (034-054-9982-8500) (034-054-9982-8501) $17,255.00 ' 4,440.00 1,000.00 750.00 1,250.00 1,500.00 5,500.00 2,055.00 41,518.00 10,380.00 1,000.00 1,000.00 1,000.00 1,000.00 9,500.00 1,500.00 1,708.00 22,500.00 203,750.00 6,250.00 21) Profiling Administrative Wages 22) Profiling Administrative Fringes 23) Profiling Communications 24) Title III - 40% (034-054-9982-8540) $ 31,515.00 (034-054-9982-8541) (034-054-9982-8543) (034-034-9982 -9982) 7,879.00 750.00 375,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33913-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Council City Clerk City Manager Management and Budget 574.00 172.00 371.00 286.00 34 Personnel Management Occupational Health Clinic Economic Development/Grants City Attorney Director of Finance Billings and Collections Municipal Auditing Electoral Board City Treasurer Commissioner of the Revenue Real Estate Valuation Sheriff Jail Commonwealth's Attorney Cost Collections Unit Clerk of Circuit Court Director of Public Safety Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training Police - Animal Control Fire - Support Fire - Operations Emergency Medical Services Emergency Services Communications Director of Public Works Building Inspections Streets and Traffic Snow Removal Street Lighting Traffic Engineering Solid Waste Management - Refuse Solid Waste Management - Recycling Custodial Services Engineering Building Maintenance Parks and Grounds Maintenance 881.00 2,220.00 37,862.00 24,927.00 11,781.00 733.00 250.00 25,725.00 7,549.00 16,536.00 22,502.00 780.00 6,398.00 8,761.00 31,175.00 29,649.00 206.00 1,999.00 2,573.00 2,106.00 434.00 154,470.00 5,007.00 4,500.00 69,768.00 190.00 78,404.00 33,524.00 3,261.00 85,517.00 450.00 30,945.00 65,911.00 21,987.00 19,533.00 14,541.00 13,830.00 218.00 960.00.00 175,490.00 206,282.00 464,494.00 Recreation Community Planning Director of Human Development Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Social Services - Administration Income Maintenance Social Services - Services Employment Services Libraries Supply Management Director of Utilities and Operations General District Court Magistrate's Office Circuit Court Judges Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk $ 1,129.00 503.00 1,792.00 962.00 33,222.00 32,222.00 4,725.00 11,557.00 4,737.00 27,370.00 16,493.00 $ 4,386.00 58,078.00 3,421.00 25.00 12,779.00 886.00 347.00 401.00 2,124.00 Total Appropriations Fund Balance Reserve for Prior Year Encumbrances $1.786.577.00 $1,786,577.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33914-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriation$ $ 47.00 8,635.00 General Operating Expenses Water Pumping Station and Tanks Water Purification Capital Outlay 4.638.00 $13,320.00 69.925.00 Total Appropriations $ 83.245.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33915-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Administration $ 584,805.00 Maintenance 38,804.00 Laboratory 2,394.00 Lateral Maintenance and Replacement 31,624.00 $ 657,627.00 Capital Outlay 50,429.00 Total Appropriations $ 708.056.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33916-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 t998-99 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_oro_oriations Operating Expenses Capital Outlay $ 9,024.00 Total Appropriations $ 70.745.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33917-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Transportation Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_oriations: Century Station Parking Garage Williamson Road Parking Garage Church Avenue Parking Garage $ 9,608.00 47,148.00 12,380.00 Total Appropriations 69,136.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33918-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 City Information Systems 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 1998-99 City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 40 A_~pro_~riations Operating Expenses Telephone System Maintenance Capital Outlay Total Appropriations $19,053.00 161.00 66.221.00 $ 85.435.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33919-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Materials Control 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 1998-99 Materials Control Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriation$ Operating Expenses $ 40.00 Total Appropriazions ~ 41 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33920-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Management 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 1998-99 Management Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ro_~riations Operating Expenses $ 1,957.00 Capital Outlay 6.665.00 Total Appropriations $ 8.622.00 42 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33921-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Utility Line 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 1998-99 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_oriations Operating Expenses Capital Outlay $ 65,076.00 75,840.00 Total Appropriations $ 140.916.00 43 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33922-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ro.~riations: Operating Expenses $ 2,733.00 Capital Outlay 245,137.00 Total Appropriations $247,870.00 44 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33923-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Risk Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriation$ Operating Expenses $ 12.885.00 Total Appropriations $ 12.885.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. pa~'4~r er City Clerk David A. Bowers Mayor 45 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33924-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 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 Food Services Facilities Total Appropriations Fund Balance Reserve for Prior Year Encumbrances $139,864.00 44,704.00 34,318.00 121,079.00 5,845.00 579.785.00 $ 925.597.00 $ 925,597.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 46 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33926-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Muncipal 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 1998-99 Capital Projects Fund appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_r)Dropriations Streets and Bridges Grandin Road/Glen Heather Intersection Improvement (1) Capital Improvement Reserve Capital Improvement Reserve (2) ...................... $21,903,613.00 75,000.00 $13,465,776.00 475,498.00 1) Appropriated from Bond Funds 2) Streets and Bridges (008-052-9685-9001 ) (008-052-9575-8181 ) $75,000.00 (75,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor 47 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33927-070698. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Grandin Road/Glen Heather intersection improvements; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property by condemnation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide an adequate turning radius at the intersection of Grandin Road and Glen Heather Drive, S.W., the City wants and needs certain real property rights on property bearing Official Tax No. 5090107, as set forth in the report and attachment thereto of the Water Resources Committee dated July 6, 1998. The proper City officials are authorized to acquire this property for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of said property and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as he deems appropriate; provided, however, the design costs, construction cost and total consideration offered or expended and any and all necessary closing costs, shall not exceed $75,000.00 without further authorization of Council. 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 interest conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner of the property to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under 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. 48 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. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33929-070698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_oroDriations Parks, Recreation and Cultural Cultural Services Committee (1-16) ..................... $ 5,665,007.00 444,140.00 49 1) Roanoke Valley Arts Council 2) Art Museum of Western Virginia 3) Blue Ridge Public Television 4) Blue Ridge Zoological Society of Virginia 5) Center in the Square 6) Harrison Museum of African American Culture 7) Mill Mountain Playhouse 8) Opera Roanoke 9) Roanoke Symphony and Roanoke Valley Choral 10) Roanoke Valley Historical Society 11) Science Museum of Western Virginia 12) Virginia Amateur Sports, Inc. 13) Virginia's Explore Park 14) Virginia Museum of Transportation 15) Fees for Professional Services 16) Subsidies (001-054-5221-3737) (001-054-5221-3750) (001-054-5221-3703) (001-054-5221-3701) (001-054-5221-3706) (001-054-5221-3713) (001-054-5221-3749) (001-054-5221-3762) (001-054-5221-3736) (001-054-5221-3776) (001-054-5221-3774) (001-054-5221-3719) (001-054-5221-3758) (001-054-5221-3714) (001-054-5221-2010) (001-054-5221-3700) 6,500.00 4,700.00 3,350.00 7,400.00 145,800.00 80,000.00 6,000.00 3,000.00 12,500.00 3,000.00 27,500.00 38,950.00 23,000.00 77,000.00 5,440.00 (444,140.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33930-070698. A RESOLUTION concurring in the recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for Fiscal Year 1998-1999. WHEREAS, the Fiscal Year 1998-99 budget approved by City Council for the Cultural Services Committee provides for funding in the amount of $~.~.~.,140.00; and WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Cultural Services Committee; and WHEREAS, 18 requests for City funds in the total amount of $812,269.00 were received by the Cultural Services Committee from various agencies; and WHEREAS, after studying each application and holding public hearings, the Committee has recommended allocation of funding to the applicant agencies for Fiscal Year 1998-1999. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Cultural Services Committee as to the allocations for funding of various agencies for Fiscal Year 1998-1999 as more particularly set forth in the attachment to the Committee Report submitted to this Council, dated July 6, 1998. 2. The Director of Human Development is authorized to approve payment of funds to the appropriate agency, provided that 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. Mary F. Parker City Clerk APPROVED Mayor 5] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33931-070698. AN ORDINANCE. to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_oro_Driations Health and Welfare $ 23,420,110.00 Human Services Committee (1-32) ..................... ~ 424,120.00 1) Big Brothers/ Big Sisters (001-054-5220-3729) $ 6,000.00 2) Association for Retarded Citizeps (001-054-5220-3726) 28,000.00 3) Conflict Resolution Center (001-054-5220-3748) 6,000.00 4) Bradley Free Clinic (001-054-5220-3721) 22,000.00 5) Child Abuse Prevention (001-054-5220-3730) 3,500.00 6) CORD (001-054-5220-3731) 2,000.00 7) Tinker Mountain Industries (001-054-5220-3747) 20,867.00 8) League of Older Americans (001-054-5220-3722) 27,875.00 9) Information and Referral (001-054-5220-3732) 8,300.00 10) Inner City Athletic Association (001-054-5220-3744) 2,500.00 11) Family Services of Roanoke (001-054-5220-3720) 36,250.00 12) CASA (001-054-5220-3775) 6,000.00 13) Blue Ridge MS (001-054-5220-3733) 1,000.00 52 14) Northwest Child Development 15) Western Virginia EMS Council 16) Roanoke Area Ministries 17). CHIP 18) Bethany Hall 19) Salvation Army 20) Roanoke Valley Speech and Hearing 21) TRUST 22) Adult Care Center 23) West End Center 24) RADAR 25) Smith Mountain Lake 4-H 26) YMCA of Roanoke Valley (001-054-5220-3734 (001-054-5220-3741) (001-054-5220-3723) (001-054-5220-3751 ) (001-054-5220-3728) (001-054-5220-3752) (001-054-5220-3738) (001-054-5220-3740) (001-054-5220-3746) (001~54-5220-3745) (001-054-5220-3725) (001-054-5220-3764) (001-054-5220-3708) 27) Roanoke Adolescent Health Partnership 28) Literacy Volunteers of America 29) Greenvale Nursery School 30) Blue Ridge Independent Living Center (001-054-5220-3781) 31) Fees for Professional Professional Services (001-054-5220-2010) 32) Subsidies (001-054-5220-3700) (001-054-5220-3767) (001-054-5220-3709) (001-054-5220-3780) $ 25,000.00 11,328.00 40,000.00 42,500.00 7,200.00 25,000.00 3,000.00 8,000.00 6,300.00 33,000.00 24,000.00 2,000.00 6,000.00 7,000.00 1,000.00 2,500.00 1,000.00 9,000.00 (424,120.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1998. No. 33932-070698. A RESOLUTION concurring in the recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 1998-1999, and authorizing the City Manager or his designee to negotiate a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter. WHEREAS, the Fiscal Year 1998-99 budget approved by City Council for the Human Services Committee provides for funding in the amount of $424,120.00; and WHEREAS, in order to obtain an allocation for sUch funds, it was necessary for agencies to file ap~,lications with the Human Services Committee; and WHEREAS, requests for City funds in the total amount of $684,591.00 were received by the Human Services Committee from thirty-three (33) agencies; and WHEREAS, after studying each application and holding public hearings, the Committee has recommended allocation of funding to certain applicant agencies for Fiscal Year 1998-1999; 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 1998-1999 as more particularly set forth in the Committee report submitted to this Council, dated July 6, 1998, 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. 54 3. The City Manager or his designee is authorized to negotiate a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abusrd Women's Shelter. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33907-072098. AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement between the City and Virginia PCS Alliance, L.C., a Virginia Limited Liability Company, for use of the Grandin Court Elevated Water Tank No. I and site located at the dead end of Creston Avenue, SW, for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an appropriate Lease Agreement with Virginia PCS Alliance, L.C., A Virginia Limited Liability Company, for the use of the Grandin Court Elevated Water Tank No. 1 (also known as the Creston Avenue Elevated Water Tank No. 1) and site located at the dead end of Creston Avenue, SW, for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, for a four (4) year period, with up to two five year renewals, effective August 1, 1998, with a rental rate of 55 $750.00 plus the increase in the Consumer Price Index for the prior year ending July 31, 1998, per month for such use, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated July 6, 1998. Such Lease Agreement shall be in a form substantially similar to the form of the lease attached to that report. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33925-072098. AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property identified by Official Tax No. 4220316 to Appalachian Power Company, upon certain terms and conditions. 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 an easement to Appalachian Power Company across City-owned property located at the corner of Jamison Avenue and 14th Street, S.E., bearing Official Tax No. 4220316, for the purpose of extending the existing overhead electric power line to provide electric service to an adjacent property, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated July 6, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33928-072098. AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property at the Roanoke Centre for Industry and Technology to Appalachian Power Company, upon certain terms and conditions. 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 an easement to Appalachian Power Company across City-owned property located at the Roanoke Centre for Industry and Technology, bearing Official Tax No. 7230101, for the purpose of relocating and extending the existing overhead electric power line to avoid a proposed future detention basin and provide electric service to the City's new Horse Stables for the mounted patrol, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated July 6, 1998. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33933-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Fund and School Capital 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. 57 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 School Fund and School Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Regional Adult Education Specialist (1-9) ................ Adult Education in Jails 98-99 (10-13) ................... Regional Adult Literacy (TAP) (14) ..................... GED Testing 98-99 (15-16) ............................ Opportunity Knocks (GED) 98-99 (17-19) ................. Alternative Education Program 98-99 (20-38) ............ Homeless Assistance Program 98-99 (39-45) ............ Instruction (46-48) .................................. $124,184,967.00 35,000.00 37,212.00 116,858.00 7,772.00 4,673.00 1,251,670.00 79,481.00 69,593,742.00 Revenue Education Regional Adult Education Specialist (49) ................. Adult Education in Jails 98-99 (50-51) .................... Regional Adult Literacy (TAP) (52) ...................... GED Testing 98-99 (53) ................................ Opportunity Knocks (GED) 98-99 (54) .................... Alternative Education Program 98-99 (55-56) .............. Homeless Assistance Program 98-99 (57-58) .............. $123,259,274.00 35,000.00 37,212.00 116,858.00 7,772.00 4,673.00 1,251,670.00 79,481.00 SchoolCaDitalFund Ap_Dro_Driations Education Capital $ 38,081,601.00 Huff Lane School Improvements (59) ...................... 2,266,700.00 1) Compensation of Supervisors 2) Compensation of Clerical 3) Social Security 4) Retirement - VRS 5) Health Insurance 6) Telecommunications 7) Mileage (030-060-6707-6351-0124) $ 18,050.00 (030-060-6707-6351-0151 ) (030-060-6707-6351-0201) (030-060-6707-6351-0202) (030-060-6707-6351-0204) (030-060-6707-6351-0523) (030-060-6707-6351-0551 ) 6,054.00 1,844.00 817.00 702.00 2,100.00 2,500.00 8) Educational and Recreational Supplies 9) Additional Machinery and Equipment 10) Compensation of Teachers 11) Social Security 12) Other Professional Services 13) Educational and Recreational Supplies 14) Other Professional Services 15) Compensation of Teachers 16) Social Security 17) Supplements 18) Social Security 19) Books and Subscriptions 20) Compensation of Teachers 21) Compensation of Supervisors 22) Compensation of Teacher Aides 23) Compensation of Clerical 24) Social Security 25) Retirement - VRS 26) Health Insurance 27) Professional Health Services (030-060-6707-6351-0614) (030-060-6707-6351-0821) (030-060-6708-6550-0121) (030-060-6708-6550-0201) (030-060-6708-6550-0313) (030-060-6708-6550-0614) (030-060-6709-6550~313) (030-060-6710-6550~121) (030-060-6710-6550-0201) (030-060-6711-6334-0129) (030-060-6711-6334-0201) (030-060-6711-6334-0613) (030-060-6982-6100-0121) (030-060-6982-6100-0124) (030-060-6982-6100-0141) (030-060-6982-6100-0151) (030-060-6982-6100-0201) (030-060-6982-6100-0202) (030-060-6982-6100-0204) (030-060-6982-6100-0311) 28) Purchased Services (030-060-6982-6100-0381) 29) Lease/Rent of Equipment 30) Lease/Rent of (030-060-6982-6100-0541) Buildings (030-060-6982-6100-0542) 31) Mileage (030-060-6982-6100-0551) 32) Field Trips (030-060-6982-6100-0583) 33) Parent Involvement (030-060-6982-6100-0585) 34) Inservice Workshops (030-060-6982-6100-0587) 1,433.00 1,500.00 20,520.00 1,570.00 13,760.00 1,362.00 116,858.00 7,220.00 552.00 4,155.00 318.00 200.00 636,435.00 55,412.00 76,720.00 35,830.00 66,586.00 117,418.00 50,435.00 34,530.00 7,559.00 8,400.00 107,215.00 1,500.00 10,000.00 5,000.00 7,500.00 59 35) Vehicle and Equipment Supplies (030-060-6982-6100-0610) 36) Educational and Recreational Supplies 37) Electrical Service 38) Telecommunications 39) Compensation of Teachers 40) Compensation of Substitute Teachers 41) Social Security 42) Retirement - VRS 43) Health Insurance 44) Repair and Maintenance Payments 45) Mileage 46) Compensation of Teachers 47) Tuition 48) Matching Funds 49) State Grant Receipts 50) Federal Grant Receipts 51) Fees 52) Federal Grant Receipts 53) Fees 54) Fees (030-060-6982-6100-0614) (030-060-6982-6681-0511) (030-060-6982-6681-0523) (030-060-6983-6100-0121) (030-060-6983-6100-0141) (030-060-6983-6100-0201) (030-060-6983-6100-0202) (030-060-6983-6100-0204) (030-060-6983-6100-0331 ) (030-060-6983-6100-0551 ) (030-060-6001-6029-0121) (030-060-6001-6029-0382) (030-060-6001-6300-0588) (030-060-6707-1100) (030-060-6708-1102) (030-060-6708-1103) (030-060-6709-1102) (030-060-6710-1103) (030-060-6711-1103) 56) Local Match 57) Local Match 58) Mileage 59) Appropriated from Third Party 55) State Grant Receipts (030-060-6982-1100) (030-060-6982-1101) (030-060-6983-1101) (030-060-6983-1102) (031-060-6089-6896-9004) $ 6,600.00 5,000.00 18,000.00 1,530.00 53,146.00 7,601.00 4,647.00 7,169.00 2,342.00 4,000.00 576.00 (17,659.00) ( 12,975.00) (1,193,868.00) 35,000.00 34,867.00 2,345.00 116,858.00 7,772.00 4,673.00 57,802.00 1,193,868.00 30,634.00 48,847.00 75,000.00 60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33934-072098. A RESOLUTION authorizing the appropriate City officials to enter into the 1998-99 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1998-99 HOME Investment Partnership (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, and any necessary amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated July 20, 1998. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33935-072098. A RESOLUTION authorizing an agreement with Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., for the continuation of the Mounted Patrol Unit of the Police Department. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., for the continuation of the Mounted Patrol Unit of the Police Department, as described in the City Manager's report to this Council dated July 20, 1998. 2. The form of the agreement which shall be substantially as set forth in the attachment to the City Manager's report shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33936-072098. A RESOLUTION authorizing the Director of Finance to serve as the temporary Fiscal Agent for the Roanoke Higher Education Authority. WHEREAS, the Roanoke Higher Education Authority (Authority) has been established by Chapter 813 of the 1997 Acts of Assembly, as amended by Chapters 45, 55 and 360 of the 1998 Acts of Assembly; WHEREAS, the Authority, a political subdivision of the Commonwealth, is responsible for expanding access to higher education and workforce training in the Roanoke Valley by establishing the Roanoke Higher Education Center with such funds as are appropriated or made available for this purpose; WHEREAS, the Board of the Trustees of the Authority held its organizational meeting on July 16, 1998, and by motion duly adopted at such meeting, the Board of Trustees requested that the City's Director of Finance serve as temporary Fiscal Agent for the Authority; and WHEREAS, this Council is desirous of cooperating with and supporting the Authority as it undertakes its critical work; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance is hereby authorized to serve as the temporary Fiscal Agent for the Authority. In such capacity, the Director of Finance shall have charge and custody of all the Authority's funds and shall invest and deposit them when authorized by the Authority. 2. The Director of Finance shall keep suitable records of all financial transactions of the Authority and shall at all reasonable times exhibit such records to any member of the Board or any other person pursuant to the Virginia Freedom of Information Act. 3. The Director of Finance shall produce checks for expenses of the Authority. Such checks shall be created and issued upon the written request of the Authority's Chairperson or his or her designee in writing. Such checks shall bear the mechanical signature of the City Manager and the Director of Finance. 4. The Director of Finance shall have authority to establish a discrete participating account or agency fund within the City of Roanoke's accounting system and receive such funds of any type which have been designated for the Authority. Funds established in this account shall earn interest based upon the accounts daily cash balance, all in accordance with standard operating and accounting procedures of the City of Roanoke Consolidated Account. 5. The Director of Finance shall be authorized to make a periodic statement of receipts and disbursements available to the Chairperson of the Authority or his or her designee upon request to the Director of Finance. 6. The City Clerk is directed to forward an attested copy of this Resolution to the Acting Executive Director of the Authority. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33937-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_oriations Sanitation $ 1,497,808.00 Garden City Phase 3 Drainage Project (1) ................ 135,500.00 Capital Improvement Reserve $ 3,326,960.00 Public Improvement Bonds - Series 2000 (2) ............ ~. (2,805,488.00) 1) Appropriated from Bond Funds 2) Storm Drains (008-052-9692-9001) (008-052-9709-9176) $ 135,500.00 (135,500.00) 64 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ Mary F. Parker vid A Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33938-072098. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the Garden City Phase 3 Drainage Projects; 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 $135,500 appropriated by an ordinance simultaneously adopted by the City Council on July 20, 1998, for certain expenditures to be made in connection with the Garden City Phase 3 Drainage Projects from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497- 072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Garden City Phase 3 Drainage Projects $600,000. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33939-072098. A RESOLUTION authorizing a contract with Hayes, Seay, Mattern & Mattern, Inc., for engineering services needed for the Garden City Phase 3 Drainage Project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant 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 $119,548 for the preparation of plans and engineering services for the Garden City Phase 3 Drainage Project as described in the City Manager's report to this Council dated July 20, 1998. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated July 20, 1998. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33940-072098. A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year 1998-1999, and rejecting other bids. 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 as needed for the period July 1, 1998, to June 30, 1999, such items being more particularly described in the report of the City Manager to this Council dated July 20, 1998, and in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the unit purchase prices set out with each item: Item Description Successful Bidder Purchase Price I a. Liquid Alum Carvins General Chemical $ .365715 per Cove Corporation gallon 1 b. Liquid Alum Falling Alchem, Inc. $ .378516 per Creek gallon 2 Liquid Chlorine Jones Chemicals, Inc. 150 lb. cylinders $17.60 per cwt 2,000 lb. cylinders $13.575 per cwt 3 Sodium Fluoride Prillaman Chemical Corp. $ .645 per lb. 4 Ferric Chloride Eaglebrook, Inc. $ .4633 per gallon 5 Sulfur Dioxide Jones Chemicals, Inc. $366.81 per cylinder 6 Sodium Hydroxide Prillaman Chemical $.91 per gallon - Corporation Carvins Cove $.1.05 per gallon - Falling Creek $1,000 refundable bin deposit 7 Hydrofluosilica Acid Prillaman Chemical $ .64 per gallon Corporation 8 Sodium Bi-Sulfite Prillaman Chemical Corp. $1.02 per gallon $50 refundable container deposit 9 Orthophosphate Southchem, Inc. $3.76 per gallon 10 Polymer Praestol Control Equipment $3.741 per gallon Company, Inc. 11 Polymer, Cat Floc-TL Southchem, Inc. $4.51 per gallon 12 PASS Control Equipment $4.371 per gallon Company, Inc. 2. The City's Manager of Supply Management 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. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33941-072098. A RESOLUTION accepting a certain Law Enforcement Block Grant from the United States Department of Justice's Bureau of Justice Assistance 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 United States Department of Justice's Bureau of Justice Assistance of a Law Enforcement Block Grant in the amount of $141,964.00, with the City's providing $15,774.00 in local match, such grant being more particularly described in the report of the City Manager, dated July 20, 1998, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant 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 Commonwealth. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33942-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant and 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 1998-99 Grant and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund A_o_oro_~riations Health and Welfare Summer Food Program 1998-99 (1-2) .................... $ 3,522,605.00 140,486.00 Revenue Health and Welfare $ 3,522,605.00 Summer Food Program 1998-99 (3-4) .................... 140,486.00 General Fund Appropriations General Government $11,105,144.00 Director of Human Development (5) ...................... 250,080.00 Nondepartmental 59,205,539.00 Transfers to Other Funds (6) ............................. 58,348,183.00 1) Temporary Employee Wages 2) Program Activities 3) Federal Grant Receipts 4) Local Match (035-054-5183-1004) (035-054-5183-2066) (035-054-S183-S183) (03S-054-S183-S184) 5) Fees for Professional Services (001-054-1270-2010) 6) Transfer to Grant Fund (001-004-9310-9535) 15,245.00 125,241.00 125,241.00 15,245.00 (15,245.00) 15,245.00 70 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor mmmmmmmmmmmmmmm! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33943-072098. A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1998 Summer Food Service Program, accepting the subsequent grant award, authorizing execution of the necessary documents in connection with the grant, and authorizing the negotiation and execution of the appropriate agreements. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council endorses the application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1998 Summer Food Service Program. 2. The City of Roanoke accepts any subsequent grant award from the United States Department of Agriculture for the 1998 Summer Food Service Program in an amount not to exceed $125,241.00. 3. The City Manager or the Assistant City Manager is hereby authorized to execute any and all documents required to accept the grant award in an amount not to exceed $125,241.00 from the United States Department of Agriculture for the 1998 Summer Food Service Program and to execute any documents required by the United States Department of Agriculture in connection with said grant. All documents to be in form approved by the City Attorney. 4. The City's Director of Human Development or his designee is authorized to negotiate and execute any appropriate agreements with Roanoke City Public Schools, Roanoke Redevelopment and Housing Authority, Total Action Against Poverty, Young Mens Christian Association, and Roanoke City Parks & Recreation Department, in order to implement the program funded by the grant, upon the terms and conditions set forth in the report to this Council dated July 20, 1998. Such agreements shall be in form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 1998. No. 33944-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $23,111,578.00 VlSSTA (1) .......................................... 110,000.00 Revenue Grants-in-Aid Commonwealth $37,954,678.00 Social Services (2) .................................... 16,416,404.00 1) Program Activities (001-054-5318-2066) $ 25,000.00 2) VlSSTA (001-020-1234-0671) 25,000.00 72 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33945-072098. A RESOLUTION authorizing the City Manager to execute a contract with the Virginia Department of Social Services to provide assistance with Child Care Provider Training through the VlSSTA Piedmont Area Training Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with the Virginia Department of Social Services to provide assistance with Child Care Provider Training through the VISSTA Piedmont Area Training Center in accordance with the recommendations contained in the City Manager's report to this Council Jated August 3, 1998. 2. The form of the agreement shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33946-072098. AN ORDINANCE accepting the bid of PNC Corporation of Ashland, Virginia for the replacement of wood windows in the Commonwealth Building with aluminum windows, 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 PNC Corporation of Ashland, Virginia in the total amount of $98,711 for replacement of wood windows in the Commonwealth Building with aluminum windows, as is more particularly set forth in the City Manager's report dated July 20, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 74 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33947-072098. A RESOLUTION memorializing the late Samuel G. Oakey, II. WHEREAS, the members of this Council have learned with sorrow, of the passing on July 11, 1998, of Samuel G. Oakey, II, President of Oakey's Funeral Service; WHEREAS, Mr. Oakey was a graduate of Jefferson High School, Randolph- Macon College and the Cincinnati College of Embalming; WHEREAS, Mr. Oakey was known as a tireless and dedicated civic leader having served as a member of the Board of Directors and President of the Miss Virginia Pageant, member of the Board of Directors and President of the Rotary Club of Roanoke, member of the Board of Directors and President of the Roanoke Regional Chamber of Commerce, member of the Board of Directors and the Executive Committee of Blue Ridge Public Television, and a long time member of the Roanoke Special Events Committee; WHEREAS, Mr. Oakey was also a member and deacon at Virginia Heights Baptist Church, member of Lakeland Lodge #190 A.F.&A.M., member of the Roanoke Scottish Rite Bodies, member of the Kazim Shrine Temple, and member of the Royal Order of Jesters; WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council adopts this means of recording its deepest regrets at the passing of Samuel G. Oakey, II, President and Chairman of the Board of Oakey's Funeral Service, and extends to Mrs. Andrews Hollins Morgan Oakey, his widow, and Sam Oakey, III, Cynthia Oakey, and Wyatt Oakey, his children, the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Oakey. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33948-072098. AN ORDINANCE amending and reordaining §10-78, Same -votin~l place, Code of the City of Roanoke (1979), as amended, to relocate the polling place for the Lee-Hi Precinct from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. WHEREAS, by Resolution, dated March 2, 1998, the Roanoke City Electoral Board has requested that the polling place for the Lee-Hi Precinct, which was formerly at Fire Station No. 4 on Aerial Way Drive, S. W., be indefinitely continued at Covenant Presbyterian Church, 1831 Deyerle Road, S. W., due to lack of convenient and accessible parking at Fire Station No. 4 and the continuing construction work on Aerial Way Drive; WHEREAS, this Council has previously provided for the temporary use of Covenant Presbyterian Church as the polling place for the Lee-Hi Precinct by Ordinance No. 33363-050597, adopted May 5, 1997, and Ordinance No. 333563- 090297, adopted September 2, 1997; WHEREAS, by letters dated July 3, 1997, and October 14, 1997, the Attorney General of the United States has previously interposed no objection to the temporary use of Covenant Presbyterian Church as the polling place for the Lee-Hi Precinct; WHEREAS, the proposed new polling place is located within the Lee-Hi Precinct and is accessible to disabled voters as required by the §24.2-310, Code of Virginia (1950), as amended; 76 WHEREAS, there is no accessible public building which could be used as the polling place within the Lee-Hi Precinct; and WHEREAS, notice of the proposed change in polling place for the Lee-Hi Precinct has been published in a newspaper having general circulation within the precinct once a week for two consecutive weeks as required by §24.2-306.A., Code of Virginia (1950), as amended, and notice of the change in polling place for the Lee-Hi Precinct shall be mailed by the General Registrar to all registered voters within the precinct at least fifteen days prior to the next general, special or primary election as required by §24.2-306.B., Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 10-78, Same -votinq place, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §10-78. Same-votin~j place. The voting place in Lee-Hi Precinct shall be established at Covenant Presbyterian Church, 1831 Deyerle Road, S. W. 2. The City Clerk is directed to forward attested copies of this Ordinance to Louella C. Thaxton, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Lee-Hi Precinct as required by §24.1- 306.B., Code of Virginia (1950), as amended. 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 David A. Bowers Mayor 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33949-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School 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 1998-99 School Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_oroDriations Education Capital Architectural/Engineering Services (1-2) ............ Integrated Technology System -Addison (3) ......... Media Management System (4) .................... Series 2000 Bonds (5) ............................ $ 39,552,622.00 1,060,000.00 354,640.OO 56,381.00 (3,121,009.00) Revenue Due from State Grant Funds (6) ..................... $ 520,000.00 1) Appropriated from Bond Funds 2) Appropriated from State Grant Funds 3) Appropriated from Bond Funds 4) Appropriated from Bond Funds 5) Public Improvement (031-060-6096-6896-9001) (031-060-6096-6896-9007) (031-060-6095-6896-9001) (031-060-6094-6896-9001) Bonds -Series 2000 (031-060-9709-9182) 6) Due from State (031-1221) $ 540,000.00 520,000.00 354,640.00 56,381.00 (951,021.00) 520,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33950-080398. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for architectural and engineering services for particular school buildings 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 $540,000.00 for the cost of architectural and engineering services for various schools including certain elementary schools and governor's school (such architectural and engineering services hereinafter referred to as "Project"). 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City ("Bonds"), provided that each such expenditure to be reimbursed shall be (a) a capital expenditure, (b) a cost of issuance of the Bonds, or (c) any other expenditure described in Treasury Regulations §1.150-2(d)(3) or any successor provision thereto. The maximum principal amount of debt expected to be issued for the Project is $540,000.00. §1.150-2. This is a declaration of official intent underTreasury Regulation APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33951-080398. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for a media management system at Woodrow Wilson Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $56,381.00 for the cost of a media management system at Woodrow Wilson Middle School (such media management system hereinafter referred to as "Project"). 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City ("Bonds"), provided that each such expenditure to be reimbursed shall be (a) a capital expenditure, (b) a cost of issuance of the Bonds, or (c) any other expenditure described in Treasury Regulations §1.150-2(d)(3) or any successor provision thereto. The maximum principal amount of debt expected to be issued for the Project is $56,381.00. This is a declaration of official intent under Treasury Regulation APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor 80 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33952-080398. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for an integrated technology system at Lucy Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $354,640.00 for the cost of an integrated technology system at Lucy Addison Middle School (such integrated technology system hereinafter referred to as "Project"). 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City ("Bonds"), provided that each such expenditure to be reimbursed shall be (a) a capital expenditure, (b) a cost of issuance of the Bonds, or (c) any other expenditure described in Treasury Regulations §1.150-2(d)(3) or any successor provision thereto. The maximum principal amount of debt expected to be issued for the Project is $354,640.00. §1.150-2. This is a declaration of official intent under Treasury Regulation ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33953-080398. A RESOLUTION authorizing the execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds for FY 1998- 1999. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an agreement, and any necessary amendments thereto, if necessary, within the limits of funds set forth in this report for the purposes specified herein, with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant funds for FY 1998-1999 as more particularly set forth in the City Manager's report and attachment dated August 3, 1998. 2. Such agreement shall be in the amount of $787,251.00 in CDBG funds, and upon such terms and conditions as deemed necessary by the City Manager and as set forth in the City Manager's report dated August 3, 1998. 3. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd d~y of August, 1998. No. 33954-080398. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $91.05 per dry ton, not to exceed 11,000 dry tons during the period of September 1, 1998, through August 31, 1999, for an amount not to exceed $1,001,550 as more particularly set forth in the report of the City Manager to Council dated August 3, 1998. Attorney. The form of the amendment shall be approved by the City 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: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33955-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~Dro_oriations General Government Police Building Construction (1) ................ $ 15,688,108.00 1,117,300.00 Capital Improvement Reserve Public Improvement Bonds - Series 2000 (2) ...... $ 2,541,612.00 (3,015,836.00) 1) Appropriated from Bond Funds 2) Buildings (008-052-9564-9001 ) (008-052-9709-9183) $ 222,300.00 (222,300.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor $4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33956-080398. A RESOLUTION authorizing a contract with Martin & Associates, P.C. (with McClaren, Wilson & Lawrie, Inc. as prime police facilities subconsultant), for architectural and engineering services needed for the Police Annex Building. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Martin & Associates, P.C. (with McClaren, Wilson & Lawrie, Inc. as prime police facilities subconsultant), in the amount of $296,800 for the preparation of plans and architectural and engineering services for the Police Annex Building as described in the City Manager's report to this Council dated August 3, 1998. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated August 3, 1998. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33957-080398. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain $5 expenditures to be made in connection with architectural and engineering consulting services for the proposed police annex building; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. In accordance with U. S. Treasury Regulations, Section 1. 150-2, the City hereby declares that it reasonably expects and intends to reimburse $222,300 appropriated by an ordinance simultaneously adopted by the City Council on August 3, 1998, for certain expenditures to be made in connection with the architectural and engineering consulting services for the proposed police annex building from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the proposed police annex building is $ 3,840,000 all as is more fully set forth in the August 3, 1998 report to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1. 150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph I of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. adoption. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33958-080398. A RESOLUTION accepting the donation of the use of certain motor vehicles for the police department and authorizing an agreement between the City and the owners of the motor vehicles. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council, pursuant to Section 2-263 of the Code of the City of Roanoke (1979), as amended, hereby accepts the donation of two new Honda motor vehicles from Woodson Pontiac Inc., d/bla Rick Woodson Honda and two new motor vehicles from Berglund Chevrolet Incorporated, upon certain terms and conditions. 2. The City Manager is authorized to enter into an agreement with said firms to provide for use of the vehicles for $1.00 per vehicle as lease payment for calendar year 1998, and the agreements shall be subject to renewal on a year-to- year basis. The agreements shall further provide that the City will maintain the vehicles in good working order. The agreements shall be approved as to form by the City Attorney. 3. Council hereby expresses its sincere gratitude to Woodson Pontiac Inc., dlbla Rick Woodson Honda and Berglund Chevrolet Incorporated, for their generosity in making these vehicles available to the City for use in the police department. 4. The City Clerk is directed to send a certified copy of this resolution to the authorized representatives of Woodson Pontiac Inc., d/b/a Rick Woodson Honda and Berglund Chevrolet Incorporated. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor 87 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33959-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium - FY99 Title II -A (1-25) Title III - F (26-44) Title II - C (45-62) Opportunity Knocks (63-66) CDBG - Business Training Initiative (67-72) CDBG - Opportunity Knocks (73-78) $ 862,062.00 364,907.00 266,529.00 49,786.00 127,840.00 38,000.00 15,000.00 REVENUE Fifth District Employment & Training Consortium - FY99 Title II - A (79) Title III - F (80) Title II -C (81) Opportunity Knocks (82) CDBG - Business Training Initiative (83) CDBG - Opportunity Knocks (84) $ 862,062.00 364,907.00 266,529.00 49,786.00 127,840.00 38,000.00 15,000.00 1) Administrative Wages 2) Administrative Fringes 3) Administrative Travel (034-054-9961-8350) (034-054-9961-8351) (034-054-9961-8352) $ 48,24O.O0 10,560.00 1,750.00 4) Administrative Communications 5) Administrative Supplies 6) Administrative Insurance 7) Administrative Equipment 8) Administrative Miscellaneous 9) Training Wages 10) Training Fringes 11) Training Travel 12) Training Communications 13) Training Supplies 14) Training Equipment 15) Training Miscellaneous 16) FDETC IIR 17) FDETC OJT 18) Services Wages 19) Services Fringes 20) Services Travel 21) Services Communications 22) Services Supplies 23) Services Insurance 24) Services Miscellaneous (034-054-9961-8353) (034-054-9961-8355) (034-054-9961-8356) (034-054-9961-8359) (034-054-9961-8360) (034-054-9961-8050) (034-054-9961-8051 ) (034-054-9961-8052) (034-054-9961-8053) (034-054-9961-8055) (034-054-9961-8059) (034-054-9961-8060) (034-054-9961-8500) (034-054-9961-8501) (034-054-9961-8030) (034-054-9961-8031 ) (034-054-9961-8032) (034-054-9961-8033) (034-054-9961-8035) (034-054-9961-8036) (034-054-9961-8040) 25) Supportive Services (034-054-9961-8461) 26) Administrative Wages 27) Administrative Fringes 28) Administrative Travel 29) Administrative Communications 30) Administrative Supplies (034-054-9981-8350) (034-054-9981-8351) (034-054-9981-8352) (034-054-9981-8353) (034-054-9981-8355) 1,750.00 2,150.00 1,750.00 2,000.00 1,000.00 42,860.00 9,900.00 1,750.00 1,750.00 1,750.00 2,000.00 2,897.00 165,000.00 5,000.00 25,300.00 6,000.00 1,500.00 1,000.00 1,000.00 1,000.00 2,000.00 25,000.00 30,150.00 7,500.00 2,000.0O 750.00 750.00 31) Administrative Insurance 32) Administrative Equipment 33) Administrative Miscellaneous 34) BRS Wages 35) BRS Fringes 36) BRS Travel 37) BRS Communications 38) BRS Supplies 39) BRS VEC 40) BRS Equipment 41) BRS Insurance 42) TraininglFDETC I/R 43) Training/FDETC OJT 44) Supportive Services 45) Administrative Wages 46) Administrative Fringes 47) Administrative Travel 48) Administrative Communications 49) Administrative Supplies 50) Training Wages 51) Training Fringes 52) Training Travel 53) Training Communications 54) Training Supplies 55) FDETC I/R 56) Services Wages 57) Services Fringes 58) Services Communications 59) Services Supplies 60) Service Insurance 61) Service Miscellaneous 62) Supportive Services (034-054-9981-8356) (034-054-9981-8359) (034-054-9981-8360) (034-054-9981-8066) (034-054-9981-8067) (034-054-9981-8068) (034-054-9981-8069) (034-054-9981-8070) (034-054-9981-8405) (034-054-9981-8496) (034-054-9981-8056) (034-054-9981-8500) (034-054-9981-8501) (034-054-9981-8461) (034-054-9963-8350) (034-054-9963-8351) (034-054-9963-8352) (034-054-9963-8353) (034-054-9963-8355) (034-054-9963-8050) (034-054-9963-8051) (034-054-9963-8052) (034-054-9963-8053) (034-054-9963-8055) (034-054-9963-8500) (034-054-9963-8030) (034-054-9963-8031) (034-054-9963-8033) (034-054-9963-8035) (034-054-9963-8036) (034-054-9963-8040) (034-054-9963-8461) 1,000.00 1,500.00 1,129.00 30,500.00 7,500.00 500.00 500.00 750.00 12,000.00 500.00 1,000.00 150,000.00 3,000.00 15,500.00 7,400.00 1,800.00 250.00 250.00 250.00 12,000.00 2,750.00 250.00 250.00 500.00 12,000.00 7,500.00 2,000.00 100.00 250.00 150.00 86.00 2,000.00 90 63) Staff Wages 64) Staff Fringes 65) Participant Wages 66) Participant Fringes 67) Staff Wages 68) Staff Fringes 69) Communications 70) Supplies (034-054-9991-8050) (034-054-9991-8051 ) (034-054-9991-8030) (034-054-9991-8031 ) (034-054-9987-8050) (034-054-9987-8051) (034-054-9987-8353) (034-054-9987-8355) 71) Contractual Services (034-054-9987-8357) 72) Support Services 73) Wages 74) Fringes 75) Communications 76) Supplies 77) Lease/Rentals 78) Support Services 79) Title II-A 80) Title III-F 81) Title II-C (034-054-9987-8461) (034-054-9992-8350) (034-054-9992-8351) ( 034-054-9992-8353 ) (034-054-9992-8355) (034-054-9992-8358) (034-054-9992-8461) (034-054-9961-9961) (034-054-9981-9981 ) (034-054-9963-9963) 82) Opportunity Knocks (034-054-9991-9991) 83) CDBG Business Training Incentive (034-054-9987-9987) 84) CDBG Opportunity Knocks (034-054-9992-9992) $ 60,840.0O 15,000.00 48,500.00 3,500.00 24,800.00 6,200.00 500.00 500.00 5,000.00 1,000.00 4,000.00 1,000.00 500.00 500.00 3,000.00 6,000.00 364,907.00 266,529.00 49,786.00 127,840.00 38,000.00 15,000.00 BE IT FUI~THER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33960-080398. A RESOLUTION authorizing the execution of Amendment No. 2 to the contract for the integrated automated library system to allow the Library Automation Coordinator to be a Roanoke County employee with the future option of being an employee of any of the participating library systems and to allow future changes to the Central Site Components definition and location to be made upon action of the Library Automation and Advisory Committees with approval of all participating libraries' City Managers or County Administrators. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2, amending the contract dated January 26, 1990 with the City of Salem, and the County of Roanoke, and Amendment No. 1 dated May 8, 1995 which amendment provided for the County of Botetourt to be a full participating library in the integrated automated library system, all in accordance with the recommendations contained in the report to this Council dated August 3, 1998. Said Amendment No. 2 will allow the Library Automation Coordinator to be a Roanoke County employee with the option of being an employee of any of the participating library systems and to allow future changes to the Central Site Components definition and location to be made upon action of the Library Automation and Advisory Committees with approval of all participating libraries' City Managers or County Administrators. 2. The form of the amendment shall be approved by the City Attorney. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33962-080398. AN ORDINANCE authorizing an agreement with the County of Roanoke to provide for construction of a police training facility on property owned by the County upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke, Virginia (County) whereby City and County agree to establish a jointly owned police training facility on property owned by County and located in the County of Roanoke. 2. The agreement which shall provide that the facility will be for the use of City and County law enforcement officers may be terminated upon 90 days notice and shall contain such other terms and conditions deemed necessary by the City Manager. The form of the agreement shall be approved by the City Attorney and will be substantially as set forth in the attachment to the City Manager's report dated August 3, 1998. 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: Sandra H. Eakin Deputy City Clerk APPROVED C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33963-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 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 $ 59,305,294.00 Transfers to Other Funds (1) ....................... 3,064,780.00 Fund Balance Reserved for CMERP - City (2) ...................... $ -'716,359.00 Ca_oital Projects Fund Ap_oro_~riations Recreation Comfort Stations for Eureka & Lakewood Parks (3-4) $ 1,708,923.00 123,548.00 Capital Improvement Reserve $ 2,878,912.00 Public Improvement Bonds - Series 2000 (5) ......... (2,678,536.00) 1) Transfers to Other Funds 2) Reserved for CMERP - City 3) Appropriated from General Revenue 4) Appropriated from Bond Funds 5) Parks (001-004-9310-9508) (001-3323) (008-052-9712-9003) (008-052-9712-9001) (008-052-9709-9180) 115,000.00 (115,000.00) 115,000.00 8,548.~00 (8,548.00) 94 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33964-080398. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke for the construction of new comfort stations at Eureka Park and Lakewood Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of U.S. Construction Co. of Roanoke in the total amount of $114,548 (which includes the Base Bid and Additive Bid Item No. 2) for the construction of new comfort stations at Eureka Park and Lakewood Park, as is more particularly set forth in the City Manager's report dated August 3, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid 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: Sandra H. Eakin Deputy City Clerk APPROVED C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33965-080398. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the construction of new comfort stations at Eureka Park and Lakewood Park; 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 $8,548 appropriated by an ordinance simultaneously adopted by the City Council on August 3, 1998, for certain expenditures to be made in connection with the construction of new comfort stations at Eureka Park and Lakewood Park from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic d~velopment, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498- 072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Neighborhood Park Improvement Program of which construction of new comfort stations at Eureka Park and Lakewood Park is a part, is $3,900,000 all as is more fully set forth in the August 3, 1998 report to this Council. 2. Th;,~ is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. adoption. 4. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33966-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_r)_~ro_r)riations Capital Outlay $ 3,983,780.00 Falling Creek Estates - Property (1) ........... 42,000.00 Retained Earnin;js Retained Earnings - Unrestricted (2) ........... $29,836,753.00 1) Appropriated from General Revenue 2) Retained Earnings (002-056-8389-9003) (002-3336) $ 42,000.00 (42,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33967-080398. AN ORDINANCE providing for the acquisition of certain real estate located in Falling Creek Estates in Vinton, Virginia, identified by Tax Map No. 51.03- 2-20, and Tax No. 4495 Falling Creek Estates, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. In order to provide for a safer and easier access to the Falling Creek Treatment Plant over a State maintained hard surface road, the City wants and needs fee simple title to the real estate located in Falling Creek Estates at the end of Toddsbury Drive in Vinton, Virginia, and identified by Tax Map No. 51.03-2-20, and Tax No. 4495 Falling Creek Estates, as more specifically set forth in the Water Resources Committee report and attachment thereto dated August 3, 1998. The City Manager and City Clerk are authorized to execute and attest, respectively, the necessary documents to acquire the fee simple title to said real estate for a consideration of $40,000.00, in form approved by the City Attorney. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 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: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33969-080398. AN ORDINANCE authorizing the City Manager to enter into an agreement with Greater Roanoke Transit Company for the leasing of office space within the Campbell Court Transportation Center to house the Personnel Management and ClS training facilities, upon certain terms and conditions; and providing for an emergency. 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 Greater Roanoke Transit Company for the lease of 2,843 square feet of space within the Campbell Court Transportation Center on Campbell Avenue, S.W., for use by the Department of Personnel Management and CIS for training facilities; said lease shall be for a one-year term, with up to twelve (12) one-month renewals; the monthly lease rate for the first year is $700.00, and $756.00 for the second year; said lease shall be upon the terms and conditions as more particularly described in the report to this Council from the Water Resources Committee dated August 3, 1998. 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: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33961-081798. AN ORDINANCE creating Virginia's First Regional Industrial Facility Authority and authorizing the Mayor to execute an agreement establishing the respective rights and obligations of member localities as to the Authority. WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia (1950), as amended, (the "Act"), the City Council of the City of Roanoke, Virginia, has determined that the economic growth and development of the region and the comfort, convenience and welfare of its citizens require the development of facilities and that joint action through a regional industrial facility authority will facilitate the development of the needed facilities; and WHEREAS, the City of Roanoke is authorized by the Act to participate in such regional Authority and the Council of the City of Roanoke, in conjunction with other governing bodies, hereby proposes to create Virginia's First Regional Industrial Facility Authority, a public body politic and corporate created pursuant to the Act; and 100 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. There hereby is created an Authority pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia (1950), as amended, whose name shall be "Virginia's First Regional Industrial Facility Authority" and whose member localities shall be as follows: The County of Bland, Virginia The County of Giles, Virginia The County of Pulaski, Virginia The County of Wythe, Virginia The City of Roanoke, Virginia The Town of Christiansburg, Virginia The Town of Narrows, Virginia The Town of Pulaski, Virginia. The County of Craig, Virginia The County of Montgomery, Virginia The County of Roanoke, Virginia The City of Radford, Virginia The City of Salem, Virginia The Town of Dublin, Virginia The Town of Pearisburg, Virginia Each of which is a political subdivision of the Commonwealth of Virginia, authorized to participate as a member of the Authority by the Act (collectively the "Member Localities"). 2. The City Council of the City of Roanoke, Virginia, after due consideration, hereby makes the following findings: The economy of Western Virginia has not kept pace with those of much of the rest of the Commonwealth. Individual localities in the region often lack the financial resources to assist in the development of economic development projects. Providing a mechanism for localities in the region to cooperate in the development of facilities will assist the region in overcoming this barrier to economic growth. The creation of a regional industrial facility authority will assist this area of the Commonwealth in achieving a greater degree of economic stability. The purpose of the regional industrial facility authority is to enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its member localities. 101 The exercise of the powers granted by the Act shall be in all respects for the benefit of the inhabitants of the region and other areas of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity. The economic growth and development of this locality and the comfort, convenience and welfare of its citizens require the development of facilities and that joint action through a regional industrial facility authority by the localities which are to be members of the proposed authority will facilitate the development of the needed facilities. 3. In furtherance of this ordinance, the Mayor is hereby authorized to execute an agreement substantially in the form attached to the report of the City Manager, dated August 3, 1998, establishing the respective rights and obligations of the Member Localities with respect to the Authority. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33968-081798. AN ORDINANCE authorizing the filing of a petition by the City to vacate certain right-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property owned by Norfolk and Western Railway Company, along Norfolk Avenue, between Second Street, S.W., and the railroad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions. 102 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized to file a petition to vacate certain right-of-way along Norfolk Avenue, N.E. 2. If such right-of-way is vacated, the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents conveying to Norfolk and Western Railway Company, certain City-owned property that extends along Norfolk Avenue from Jefferson Street east to a point where the Railroad's tracks cross Norfolk Avenue, upon certain terms and conditions, and as more particularly set forth in the report of the Water Resources Committee dated August 3, 1998. 3. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, any documents necessary to accept the conveyance of that certain property that extends along Norfolk Avenue from Jefferson Street west to the Second Street Bridge, as more particularly set forth in the report of the Water Resources Committee dated August 3, 1998. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33970-081798. AN ORDINANCE granting a revocable license to allow a twenty foot asphalt berm and a seven foot asphalt berm encroaching into the public right-of-way along the front of the property located at 1600 Westchester Avenue, S.W., Official Tax No. 5160115, upon certain terms and conditions. 103 BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owner Robert E. Mullen, Jr. ("Licensee") and his grantees, assignees, or successors in interest, of the property bearing Official Tax No. 5160115, otherwise known as 1600 Westchester Avenue, S.W., within the City of Roanoke, to maintain one 20' long asphalt berm encroaching approximately 10' into the southern side of the public right-of-way in front of that property, and to maintain one seven foot long asphalt berm encroaching approximately seven feet into the northwestern side of the public right-of-way in front of that property, as more fully described in a report of the Water Resources Committee dated August 3, 1998. 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 Robert E. Mullen, Jr., 1600 Westchester Avenue, S.W., Roanoke, Virginia. 104 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Robert E. Mullen, Jr., 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: Mary F. Parker City Clerk David A. Bowers Mayor ACCEPTED and EXECUTED by the undersigned this day of ,19 Robert E. Mullen, Jr. COMMONWEALTH OF VIRGINIA ~ To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ~ day of ,19 , by Robert E. Mullen, Jr.. My Commission expires: Notary Public 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33971-081797. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Judicial Administration $ 542,443.00 Victim Witness Assistance FY98-99 (1-15) .............. 113,037.00 Revenue Judicial Administration $ 542,443.00 Victim Witness Assistance FY98-99 (16-17) ............. 113,037.00 1) Regular Salaries (035-026-5122-1002) $ 83,016.00 2) ICMA Retirement (035-026-5122-1115) 7,471.00 3) ICMA Match (035-026-5122-1116) 780.00 4) FICA (035-026-5122-1120) 6,981.00 5) Medical Insurance (035-026-5122-1125) 5,112.00 6) Dental Insurance (035-026-5122-1126) 519.00 7) Disability Insurance (035-026-5122-1131) 209.00 8) Telephone (035-026-5122-2020) 1,040.00 9) Administrative Supplies (035-026-5122-2030) 1,545.00 10) Dues and Memberships (035-026-5122-2042) 225.00 11) Training and Development (035-026-5122-2044) 3,112.00 12) Printing (035-026-5122-2075) 300.00 13) Postage (035-026-5122-2160) 1,227.00 14) CIS-Personal Computer Rental/Maintenance (035-026-5122-7007) 600.00 15) Management Services (035-026-5122-7015) 900.00 16) State Grant Receipts (035-026-5122-5122) 87,366.00 17) Local Match (035-026-5122-5123) 25,671.00 106 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 17th day of August, 1998. No. 33972-081798. A RESOLUTION authorizing the acceptance of Grant No. 99-E8554VW98 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/VVitness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of Grant No. 99- E8554VVV98 in the amount of $87,366 for Fiscal Year 98-99 for a Victim/Witness Assistance Program. of $25,671. The local cash match for Fiscal Year 98-99 shall be in the amount 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 99-E8554VW98. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. 107 5. This Council concurs in the creation of an additional grant position for the Victim/Witness Program as more particularly described in the report attached to the City Manager's report dated August 17, 1998. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33973-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part:-" Aporopriations Judicial Administration $ 445,897.00 Forfeited Criminal Assets (1-6) ........................ 86,506.00 Revenue Judicial Administration $ 445,897.00 Forfeited Criminal Assets (7) ......................... 86,506.00 1) Administrative Supplies (035-026-5140-2030) $ 2) Expendable Equipment (035-026-5140-2035) 3) Training and Development (035-026-5140-2044) 4) Other Rental (035-026-5140-3075) 3,491.00 1,500.00 1,500.00 5,000.00 108 5) CIS - Personal Computer Rental/Maintenance 6) Furniture and Equipment 7) Forfeited Criminal Assets (035-026-5140-7007) (035-026-5140-9005) (035-035-1234-7107) $ 3,000.00 2,000.00 16,491.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33974-081797. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Ao_orooriation~ Nondepartmental $ 59,202,402.00 Contingency (1) ................................. 361,471.00 Transfers to Other Funds (2) ........................ 58,362,988.00 Grant Fund A00ro0riations Judicial Administration Regional Drug Prosecutor- FY99 (3-16) ............. Revenue Judicial Administration Regional Drug Prosecutor- FY99 (17) ............... Local Match (18) ................................. 1) Contingency 2) Transfer to Grant Fund 3) Regular Salaries 4) ICMA - RC Retirement 5) ICMA - RC Match 6) FICA 7) Hospitalization Insurance 8) Dental Insurance 9) Disability Insurance 10) Telephone 11) Administrative Supplies 12) Publications and Subscriptions 13) Dues and Memberships 14) Printing 15) Postage 16) Other Rental 17) Regional Drug Prosecutor-FY99 18) Local Match (001-002-9410-2199) (001-004-9310-9535) (035-026-5131-1002) (035-026-5131-1115) (035-026-5131-1116) (035-026-5131-1120) (035-026-5131-1125) (035-026-5131-1126) (035-026-5131-1131 ) (035-026-5131-2020) (035-026-5131-2030) (035-026-5131-2040) (035-026-5131-2042) (035-026-5131-2075) (035-026-5131-2160) (035-026-5131-3075) (035-026-5131-5131) (035-026-5131-5132) $ 532,361.00 102,955.00 $ 532,361.00 88,149.00 14,806.00 $ (14,806.00) 14,806.00 67,869.00 6,108.00 260.00 5,679.00 3,312.00 340.00 170.00 700.00 9,852.00 250.00 265.00 100.00 125.00 7,925.00 88,149.00 14,806.00 109 110 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33975-081798. A RESOLUTION authorizing the acceptance of funding for the drug prosecutor's office by the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the drug prosecutor's office in the total amount of $88,149.00 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 1998, through June 30, 1999. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such funding. 111 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funding or with such project. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33976-081798. A RESOLUTION authorizing the Director of Finance to serve as the temporary Fiscal Agent, the City Attorney to serve as temporary legal counsel, and the Superintendent of the Detention Center to serve as interim Administrator for the Roanoke Valley Detention Commission. WHEREAS, the Roanoke Valley Detention Commission (Commission) has been established by the Cities of Salem and Roanoke, and the Counties of Botetourt, Franklin and Roanoke, pursuant to §16.1-315 of the Code of Virginia (1950), as amended; WHEREAS, §16.1-318 of the Code of Virginia (1950), as amended, provides that the Commission shall have all powers necessary or convenient for carrying out the purposes of Article 13 of Title 16.1 of the Code of Virginia (1950), as amended; WHEREAS, the Commission held its organizational meeting on August 10, 1998, and by motions duly adopted at such meeting, recommended that the City's Director of Finance serve as temporary Fiscal Agent for the Commission, the City's City Attorney serve as temporary legal counsel, and the Superintendent of the Detention Center serve as interim Administrator; and WHEREAS, this Council is desirous of cooperating with and supporting the Commission as it undertakes its critical work; 112 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance is hereby authorized to serve as the temporary Fiscal Agent for the Commission. In such capacity, the Director of Finance shall have charge and custody of all the Commission's funds and shall invest and deposit them when authorized by the Commission. 2. The Director of Finance shall keep suitable records of all financial transactions of the Commission and shall at all reasonable times exhibit such records to any member of the Commission or any other person pursuant to the Virginia Freedom of Information Act. 3. The Director of Finance shall produce checks for expenses of the Commission. Such checks shall be created and issued upon the written request of the Commission's Chairperson or his or her designee in writing. Such checks shall bear the mechanical signature of the City Manager and the Director of Finance. 4. The Director of Finance shall have authority to establish a discrete participating account or agency fund within the City of Roanoke's accounting system and receive such funds of any type which have been designated for the Commission. Funds established in this account shall earn interest based upon the accounts daiiy cash balance, all in accordance with standard operating and accounting procedures of the City of Roanoke Consolidated Account. 5. The Director of Finance shall be authorized to make a periodic statement of receipts and disbursements available to the Chairperson of the Commission or his or her designee upon request to the Director of Finance. 6. The City Attorney is hereby authorized to serve as the temporary legal counsel until the Commission retains legal counsel and to assist said legal counsel during the transition. 7. The Superintendent of the Juvenile Detention Center is hereby authorized to serve as the interim Administrator for the Commission, providing administrative services until the new facility is placed in service. 113 8. The City Clerk is directed to forward an attested copy of this Resolution to the Chairperson of the Commission. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33977-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A.~_~ro_oriations Capital Outlay $ 4,077,780.00 Carvins Cove Land Use Study (1) .................. 136,000.00 Retained Earnings Retained Earnings (2) ............................ $ 30,651,836.00 1) Appropriated from General Revenue 2) Retained Earnings (002-056-8354-9003) $ {002-3336) 136,000.00 (136,000.00) 114 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED EST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33978-081798. A RESOLUTION authorizing a contract between the City of Roanoke and Whitesell Orrison, Inc., for the provision of professional services for the Carvins Cove Comprehensive Land Use Study and Plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract between the City of Roanoke and Whitesell Orrison, Inc., for the provision of professional services for the Carvins Cove Comprehensive Land Use Study and Plan. 2. Th,~= amount of the contract shall be $119,250 and the form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated August 17, 1998. : ~~_~,¢~_.A P P ROVE D City Clerk Mayor 115 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33979-081798. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved* by the City Attorney, Change Order No. 2 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated August 17, 1998. 2. The Change Order will provide authorization for additions in the work with a net increase in the amount of $65,782 to the original contract dated September 18, 1997, all as set forth in the above report. 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 David A. Bowers Mayor 116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33980-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDro_oriations Public Safety Hazardous Materials Response Team (1-2) ............ Revenues Public Safety Hazardous Materials Response Team (3) .............. $1,505,954.00 15,000.00 $1,505,954.00 15,000.00 1) Expendable Equipment (035-050-3221-2035) $ 11,300.00 2) Training and Development (035-050-3221-2044) 3,700.00 3) State Grant Receipts (035-050-3221-7067) 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker ~' ~ City Clerk Mayor 117 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33981-081798. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such a grant. 1. The City of Roanoke hereby accepts the Hazardous Materials Regional Response Team grant in the total amount of $15,000.00 from the Virginia Department of Emergency Services for training and the purchase of specialized equipment for such Team. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant, such documents to be approved as to form by the City Attorney, as set forth in the City Manager's report dated August 17, 1998. 3. Th~. City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: ~~)~.~4~.~. A P P R O V E D MaryF. Pa~r r ~ D~avl City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33982-081798. A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Agai,,st Poverty (TAP), to provide certain program services for the City, upon certain terms and conditions. 118 BE IT RESOLVED by the Council for the City of Roanoke that the City Manager or his designee, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, a contract with Total Action Against Poverty (TAP), subject to program funding, in order to provide certain program services for the City, as more particularly set forth in the report and attachments to this Council dated August 17, 1998. APPROVED City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33983-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A00ro0riations Capital Outlay $ 4,143,780.00 Water Tank Painting (1) ........................... 242,000.00 Retained Earnin~ls Retained Earnings - Unrestricted (2) ................. $30,585,836.00 1) Appropriated from General Revenue (002-056-8388.9003) $ 66,000.00 2) Retained Earnings (002-3336) (66,000.00) 119 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. ~' No. 33984-081798. AN ORDINANCE ratifying the emergency action taken by the City Manager to authorize additional work to be performed on the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc.; authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with J & W Sandblasting of North Carolina, Inc., for the exterior and interior potable water tank painting of Grandin Court Tanks 1 and 2 and the Carroll Avenue Tank; and providing for an emergency. WHEREAS, Section 41 of the City Charter authorizes the City Manager to make emergency repairs without the necessity of advertising or receiving bids, and such section further requires the City Manager to report the facts and circumstances relating to such purchases to Council at its next regular meeting; and WHEREAS, the City Manager briefed Council at its meeting on August 3, 1998, on the additional repairs needed for the Carroll Avenue Water Tank by letter dated July 29, 1998; and WHEREAS, due to the nature of the emergency and the need for the repairs, J & W Sandblasting of North Carolina, Inc., was authorized to perform the additional repairs, with a price for the change order for the additional work in the amount of $66,000. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that: 120 1. The Council of the City of Roanoke hereby affirms and ratifies the emergency action taken by the City Manager to approve the additional repairs to be made by J & W Sandblasting of North Carolina, Inc., to the Carroll Avenue Water Tank, all as more fully described in the report to this Council dated August 17, 1998. 2. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with J & W Sandblasting of North Carolina, Inc., for the exterior and interior potable water tank painting of Grandin Court Tanks 1 and 2 and the Carroll Avenue Tank, all as more fully set forth in the report to this Council dated August 17, 1998. 3. The Change Order will provide authorization for additions in the work with a net increase in the amount of $66,000 to the original contract dated June 15, 1998, all as set forth in the above report. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33985-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and 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. 121 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_noro_oriations Nondepartmental $ 59,202,402.00 Contingency (1) ................................. 373,732.00 Transfers to Other Funds (2) ....................... 58,350,728.00 Grant Fund A_o_~ro_~riations Health and Welfare $ 4,158,029.00 Youth Services Grant 98-99 (3-21) .................. 70,585.00 Revenue Health and Welfare $ 4,158,029.00 Youth Services Grant 98-99 (22-23) ................. 70,585.00 1) Contingency 2) Transfer to Grant Fund 3) Regular Salaries 4) Temporary Wages 5) Salary Supplement 6) ICMA 7) ICMA - RC Match 8) FICA 9) Health Insurance 10) Dental Insurance 11) Disability Insurance 12) Telephone 13) Administrative Supplies 14) Special Projects 15) Expendable Equipment 16) 17) 18) 19) 20) (001-004-9410-2199) (001-004-9310-9535) (035-054-8836-1002) (035-054-8836-1004) (035-054-8836-1050) (035-054-8836-1115) (035-054-8836-1116) (035-054-8836-1120) (035-054-8836-1125) (035-054-8836-1126) (035-054-8836-1131) (035-054-8836-2020) (035-054-8836-2030) (035-054-8836-2034) (035-054-8836-2035) Training and Development (035-054-8836-2044) Printing (035-054-8836-2075) Postage (035-054-8836-2160) ClS - Personal Computer (035-054-8836-7007) Management Services (035-054-8836-7015) $ (2,545.00) 2,545.00 43,119.00 799.00 900.00 3,962.00 260.00 3,644.00 1,908.00 170.00 108.00 1,600.00 500.00 7,763.00 500.00 1,000.00 500.00 500.00 980.00 700.00 122 21) Other Rental 22) State Grant Receipts 23) Local Match (035-054-8836-3075) $ (035-054-8836-8836) (035-054-8836-8837) 1,672.00 38,412.00 32,173.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33986-081798. A RESOLUTION authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant from the Virginia Department of Juvenile Justice, in the amount of $38,412.00, to continue coordinated planning and program implementation of the Office on Youth, as set forth in the City Manager's report dated August t7, 1998.~ is hereby ACCEPTED. 123 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. All documents shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33987-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Transportation 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 1998-99 General and Transportation Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ General Fund A_~pro_oriations Nondepartmental $ 59,202,402.00 Transfers to Other Funds (1-2) ..................... 58,348,183.00 124 Transportation Fund A_~Dro_~riations Transfers to Other Funds (3) ....................... $ 1,228,260.00 Revenue Non-Operating (4) ................................ $ 1,214,506.00 1) Transfer to Capital Projects Fund 2) Transfer to Transportation Fund 3) Transfer to GRTC - Capital 4) Transfer from General Fund (001-004-9310-9507) (007-056-8240-9541) (007-020-1234-1037) (001-004-9310-9508) $ (200,000.00) 200,000.00 200,000.00 200,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33988-081798. A RESOLUTION accepting a proposal for the provision of insurance agent/broker services authorizing the execution of a contract with J&H Marsh & McLennan of Virginia, Inc., to provide insurance agent/broker services to the City; and rejecting all other proposals. 125 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with J & H Marsh & McLennan of Virginia, Inc., for the provision by such firm of services as insurance agent/broker, as more particularly set forth in the August 17, 1998, report of the City Manager to this Council. 2. The contract authorized by this resolution shall have a term of three (3) years with an option to renew for two (2) additional one-year periods. The annual cost of the services shall be $33,000. City Attorney. The form of the contract with such firm shall be approved by the 4. All other proposals made to the City for the provision of insurance agent/broker services are hereby rejected, and the City Clerk is directed to notify each such proposer and to express the City's appreciation for such proposal. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33989-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Higher Education Authority Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 126 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections c~f the 1998-99 Higher Education Authority Fund, be, and the same are hereby, amended and reordained to read as follows, in part: AD_~roDriations Operating (1) ....................................... $ 62,500.00 Revenues Funding from the Commonwealth (2) ................... $ 62,500.00 1) Operating Costs - Higher Education Authority 2) State Funding (020-002-8720-2001) (020-020-1234-1400) $ 62,500.00 62,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33990-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 127 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges Main Street, Elm Avenue and Ferdinand Avenue (1-2) ......................... 23,106,665.00 189,872.00 Capital Improvement Reserve Capital Improvement Reserve (3) ................. Public Improvement Bonds - Series 1996 (4) ........ 13,916,388.00 476,609.00 4,553,327.00 1) Appropriated from Bond Funds (008-052-9712-9001) $ 49,086.00 2) Appropriated from General Revenue (008-052-9712-9003) 140,786.00 3) Streets and Bridges (008-052-9575-9181) (140,786.00) 4) Streets and Sidewalks (008-052-9701-9191) (49,086.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33991-081798. AN ORDINANCE accepting the bid of H. & S. Construction Company for construction and installation of traffic signal systems at Main Street, Elm Avenue and Ferdinand Avenue, upon certain terms and conditions, and awarding a unit price contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. 128 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company in the total amount of $172,610.50 for construction and installation traffic signal systems at Main Street, Elm Avenue and Ferdinand Avenue, as is more particularly set forth in the City Manager's report dated August 17, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite unit price 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 said 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 upon its passage. APPROVED Mary F. Parker David A~'Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33993-081798. A RESOLUTION authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone One that will delete certain areas within Enterprise Zone One and add certain areas not currently in Enterprise Zone One; and to authorize the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment to include the addition of certain areas not currently in Roanoke's Enterprise Zone One and to take such further action as may be necessary to obtain the boundary amendment. 129 WHEREAS, there are certain areas currently located within Roanoke's Enterprise Zone One that are not able to benefit from the designation of those areas as part of an Enterprise Zone; and WHEREAS, there are additional areas within the City of Roanoke which areas are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as part of Roanoke's Enterprise Zone One; and WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the amendment of an existing Enterprise Zone, thereby making qualified business firms which locate or expand within such an amended Zone eligible for significant Enterprise Zone benefits; and WHEREAS, the designation of additional areas of the City as part of Roanoke's Enterprise Zone One has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth could result in much needed neighborhood growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the proposed boundary amendment to Roanoke's Enterprise Zone One, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed boundary amendment to Enterprise Zone One. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City of Roanoke is hereby applying for an amendment to Roanoke's Enterprise Zone One, which amendment will delete certain areas currently within Enterprise Zone One and add additional areas that are currently outside of Enterprise Zone One, all as more fully shown on the map attached to the City Manager's report to this Council dated August 17, 1998, and more fully described in that report. 2. The City Manager or the Assistant City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development for a boundary amendment to Roanoke's existing Enterprise Zone One pursuant to the applicable provisions of the Virginia Enterprise Zone Act of 1982, as amended, which boundary amendment will delete certain areas currently in Roanoke's Enterprise Zone One and will add certain areas not currently in Roanoke's Enterprise Zone One, all as more fully set forth in the City Manager's report to this Council dated August 17, 1998, and the map and attachments thereto. 130 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations and that the property and business owners in the affected areas being deleted or eliminated by the boundary amendment to Roanoke's Enterprise Zone One were notified in accordance with those regulations. 4. The City Manager or Assistant City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary for the application for the boundary amendment to Roanoke's Enterprise Zone One for the Department's review and consideration and to take such further action as may be necessary to meet other program administrative and reporting requirements. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. adoption. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33992-090898. AN ORDINANCE authorizing the proper City officials to enter into separate Lease Agreements between the City and Triton PCS Property Company, L.L.C., for use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank; the Summit Water Tank; the Mount Pleasant Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1). Such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions. 131 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 Section 15.2-1800 et. se~_. of the Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, appropriate Lease Agreements with Triton PCS Property Company, L.L.C., for the use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank located in the 4100 block of Wyoming Avenue, NW; the Summit Water Tank located in the area of 4500 Franklin Road, SW, on the dead end of Summit Way Drive, SW (a private road); the Mount Pleasant Water Tank located in the area of the intersection of Redwood Road and Plateau Road; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1) located at the dead end of Creston Avenue, SW; such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment for a period to commence on or about September 1, 1998, or October 1, 1998, and to run through July 31, 2002, with up to two five year renewals upon mutual agreement of the parties, with a rental rate for each site of $750.00 plus the increase in the Consumer Price Index for the prior year ending July 31, 1998, per month for such use, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated August 17, 1998. Such Lease Agreements shall be in a form substantially similar to the form of the lease agreement attached to that report. APPROVED ATTEST: Mary F. David A. Bowers City Clerk Mayor 132 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33994-090898. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount not to exceed $5,000,000.00 to finance certain capital improvements in connection with Lucy Addison Middle School, previously approved by the Council at its December 15, 1997, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount not to exceed $5,000,000.00 (the "Bonds") to finance certain capital improvements for Lucy Addison Middle School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on October 7, 1998. The foregoing resolution was adopted by the following recorded vote: David A. Bowers, Mayor C. Nelson Harris, Vice Mayor X W. Alvin Hudson, Jr. X Carroll E. Swain X James O. Trout X William White, Sr. X Linda F. Wyatt X AYE NAY X Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33995-090898. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking interest rate subsidy bond financing in an amount not to exceed $1,250,000.00 to finance certain capital improvements in connection with Huff Lane Elementary School, previously approved by the Council at its September 22, 1997, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for interest rate subsidy bond financing in an amount not to exceed $1,250,000.00 (the "Bonds") to finance certain capital improvements for Huff Lane Elementary School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on October 7, 1998. The foregoing resolution was adopted by the following recorded vote: David A. Bowers, Mayor C. Nelson Harris, Vice Mayor X W. Alvin Hudson, Jr. X Carroll E. Swain X James O. Trout X William White, Sr. X Linda F. Wyatt X AYE NAY X ATTEST: Mary F. Parker City Clerk APPROVED Mayor 134 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33996-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_r)ro_Driafion$ Education $31,177,359.00 Special Education Interpreter Training 98-99 (1-5) ....... 21,870.00 Project YES 98-99 (6-11) ........................... 256,296.00 Southern Regional Education Program 98-99 (12-13) .... 10,000.00 Revenue Education $31,177,359.00 Special Education Interpreter Training 98-99 (14) ...... 21,870.00 Project YES 98-99 (15) ............................. 256,296.00 Southern Regional Education Program 98-99 (16) ...... 10,000.00 1) Supplements 2) Social Security 3) Professional Health Services 4) Tuition - Private Schools 5) Educational and Recreational Supplies 6) Compensation of Counselors 7) Social Security (030-060-6551-6t74-0129) (030-060-6551-6174-0201) (030-060-6551-6174-0311 ) (030-060-6551-6174-0312) (030-060-6551-6174-0614) (030-060-6984-6315-0123) (030-060-6984-6315-0201) $360.00 28.00 4,150.00 17,000.00 332.00 200,640.00 15,349.00 135 8) Retirement - VRS (030-060-6984-6315-0202) 9) Health Insurance (030-060-6984-6315-0204) 10) Mileage (030-060-6984-6315-0551) 11) Educational Supplies(030-060-6984-6315-0614) 12) Supplements (030-060-6985-6114-0129) 13) Social Security (030-060-6985-6114-0201) 14) Federal Grant Receipts (030-060-6551-1102) 15) State Grant Receipts (030-060-6984-1100) 16) Outside Third Parties(030-060-6985-1104) 27,066.O0 10,913.00 2,000.00 328.00 9,289.00 711.00 21,870.00 256,296.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33997-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 136 A_a_~ro_ariation$ General Government $ 16,142,608.00 Carilion Training Incentive (1) .................... 310,000.00 Reserved for Fund Balance - Unappropriated (2) ...... $ 3,297,876.00 1) Appropriated from General Revenue (008-002-9699-9003) $ 310,000.00 2) Reserved for Fund Balance - Unappropriated (008-3325) ($310,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33998-090898. A RESOLUTION amending the training incentive program established on March 14, t994, for Enterprise Zone One. WHEREAS, by Resolution Number 31907-031494, adopted on March 14, 1994, City Council established a training incentive program for Enterprise Zone One; and 137 WHEREAS, by Resolution Number 33565-090297, adopted on September 2, 1997, the training incentive program for Enterprise Zone One was amended to include replacement positions when such replacement positions are equivalent to the original positions referred to in the training program; and WHEREAS, further clarification of the training incentive program has been requested. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that · The training incentive program established for Enterprise Zone One by Resolution No. 31907-031494, adopted March 14, 1994, and amended by Resolution No. 33565-090297, adopted on September 2, 1997, is hereby amended to now provide that this Council endorses the following policy: (a) the City may provide training incentive funds of up to $2,000 per new job position for companies or entities that create or relocate a minimum of 200 new or additional job positions in Enterprise Zone One from outside Enterprise Zone One within an eighteen month consecutive period, such period to be determined by the parties; (b) that funding for this training incentive program will be subject to the availability of funds, not to exceed a total of $$00,000 per company or entity; (c) that eligible training expenses be incurred during a period to be determined by the parties, not to exceed five years; and (d) that these positions, or equivalent positions, must be maintained for a minimum of five years within Enterprise Zone One or the company or entity will reimburse the City or the Fifth District Employment and Training Consortium (FDETC) at the rate of $400 per position per year for each position not retained for the entire five year period, but that such reimbursement amount would not exceed the amount actually received by the company or entity under the training incentive program, with the other terms of the agreement to be agreed upon by the company or entity and the City. APPROVED Mary F. Parker City Clerk Mayor 138 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33999-090898. A RESOLUTION authorizing the City Manager to enter into a Training Agreement on behalf of the City with Carilion Health System and the Fifth District Employment and Training Consortium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf the City to execute and attest, respectively, an agreement dated September 1, 1998, between the City and Carilion Health System (Carilion) and the Fifth District Employment and Training Consortium (FDETC) that will provide that Carilion will create or relocate from outside Enterprise Zone One to Enterprise Zone One a minimum of 310 additional positions by February 28, 1999, and that the City will provide the FDETC with up to $1,000 per qualifying position for training expenses incurred between January 1, 1999, and December 31, 2001, with the maximum amount of training funds to be provided not to exceed $500,000, and furthermore that if the positions are not maintained for five years that Carilion will reimburse the FDETC and/or the City at the rate of $400 per position per year for each position not retained, not to exceed the amount actually received by Carilion, and such other terms and conditions as are further set forth in the City Manager's report to this Council dated September 8, 1998. 2. The agreement with Carilion shall be substantially similar to the agreement attached to City Manager's report to this Council dated September 8, 1998, and shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34001-090898. A RESOLUTION authorizing the appropriate City officials to enter into the 1998-99 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1998-99 HOME Investment Partnership (HOME) Program Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), and any necessary amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated September 8, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34002-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General, Civic Center, Transportation, Management Services and Utility Line Services Fund Appropriations, and providing for an emergency. 140 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 1998-99 General, Civic Center, Transportation, Management Services and Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_Dpro_Driation$ Public Safety Fire - Operations (1) ............................ Public Works Parks and Grounds Maintenance (2) ............... Nondepartmental Transfer to Other Funds (3) ...................... $ 40,282,206.00 10,500,043.00 24,118,992.00 4,436,936.00 59,319,552.00 58,485,534.00 Fund Balance Reserved for CMERP - City (4) ..................... $ 4,108,319.00 Civic Cenf~er Fund A.DDroDriation~ Operating (5-6) ................................ $ Capital Outlay (7-8) ............................ Concessions (9) ................................ 2,274,388.00 438,522.00 151,242.00 Civic Center Fund Revenue Nonoperating (10) ................................ $ 858,771.00 Retained Earnings Retained Earnings (11) ............................ $ 3,092,072.00 141 Transportation Fund Appro_oriations Century Station Parking Garage (12) ................ $ Williamson Road Parking Garage (13) ............... Market Square Parking Garage (14) ................. Tower Parking Garage (15) ....................... 107,100.00 270,224.00 68,177.00 151,682.00 Retained Earninu_s Retained Earnings (16) ............................. $ 1,794,143.00 Mana~jement Services Fund A_o_oro_oriations Capital Outlay (17) ................................ $ 99,495.00 Retained Earninu_s Retained Earnings (18) ............................. $ 209,897.00 Utility Line Services Fund Ap_oro_oriations Capital Outlay (19) ................................ $ 426,211.00 Retained Earninqs Retained Earnings (20) ............................. $ 1,784,419.00 1) Wearing Apparel 2) Other Equipment 3) Transfer to Civic Center Fund 4) Reserved for CMERP City 5) Fees for Professional Services 6) Maintenance - Buildings 7) Other Equipment (001-050-3213-2064) (001-052-4340-9015) (001-004-9310-9505) (001-3323) (005-056-2105-2010) (006-056-2105-2060) (005-056-2108-9015) $ 43,432.00 30,000.00 5,000.00 (78,432.00) 53,500.00 75,700.00 5,000.00 142 8) Other Equipment 9) Other Equipment 10) Transfers from General Fund 11) Retained Earnings 12) Other Equipment 13) Other Equipment 14) Other Equipment 15) Other Equipment 16) Retained Earnings 17) Other Equipment 18) Retained Earnings 19) Other Equipment 20) Retained Earnings (005-056-2108-9015) (005-056-2109-9015) (005-020-1234-0951) (005-3336) (007-056-8200-9015) (007-056-8205-9015) (007-056-8215-9015) (007-056-8225-9015) (007-3336) (015-002-1618-9015) (015-3336) (016-056-2626-9015) (016-3336) $ 32t,800.00 12,000.00 5,000.00 (463,000.00) 2,750.00 2,750.00 2,750.00 2,750.00 (11,000.00) 81,000.00 (81,000.00) 66,4?0.00 (166,470.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34003-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Utility Line 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. 143 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_oro_~riations Capital Outlay (1) .................................. $ 358,311.00 Retained Earnin_~s Retained Earnings (2) .............................. $ 1,685,849.00 1) Appropriated from General Revenue 2) Retained Earnings (016-056-2626-9015) (016-3336) $98,570.00 (98,570.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34004-090898. AN ORDINANCE accepting the bid of Virginia Public Works Company for the purchase of a Sewer Pipe Inspection System, 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. 144 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Virginia Public Works Company in the total amount of $98,570.00 for the purchase of a Sewer Pipe Inspection System, as is more particularly set forth in the City Manager's report dated September 8, 1998 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 145 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34005-090898. A RESOLUTION authorizing the application for and acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for the creation of a domestic violence unit in the Police Department and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Application for a grant from the Commonwealth of Virginia Department of Criminal Justice Services in the amount of $29,257 for establishment of a program in the Police Department to improve the apprehension, prosecution and adjudication of persons committing violent crimes against women (the "V-STOP Program") is hereby authorized. 2. The local cash match shall be in the amount of $34,879. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the grant. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. 5. This Council concurs in the creation of an additional grant position for the V-STOP Program as more particularly described in the report of the City Manager dated September 8, 1998. APPROVED ATTEST: MasSiF. Pa~r er ~ ~~avid A. Bowers City Clerk Mayor 146 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34006-090898. A RESOLUTION designating Blue Ridge Community Services as an Operating Community Services Board, and approving the performance contract between Blue Ridge Community Services and the Commonwealth of Virginia. BE IT RESOLVED by the Council of the City of Roanoke as follows: WHEREAS, pursuant to §37.1-194, Code of Virginia (1950), as amended, requires each city and county to establish, singly or in combination, a community services board for the provision of mental health, mental retardation, and substance abuse services to its residents; WHEREAS, the City of Roanoke has already established Blue Ridge Community Services pursuant to this statutory provision; WHEREAS, §37.1-194 further requires each city and county to designate, in consultation with its community services board, the board as an operating community services board, an administrative policy community services board, or a policy-advisory community services board with a local government department; WHEREAS, Blue Ridge Community Services provided community mental health, mental retardation and substance abuse services, directly through its own staff or through contacts with other providers; and WHEREAS, Blue Ridge Community Services conforms to the definition of an operating community services board that is contained in §37.1-194 of the State Code; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby designates Blue Ridge Community Services as an operating community services board with the powers and duties enumerated in §37.1-197.A and §37.1-197.1 of the Code of Virginia (1950), as amended. 147 2. The Performance Contract proposed to be entered into between Blue Ridge Community Services Board and the Commonwealth of Virginia, a copy of which is attached to the report of the City Manager, made to this Council dated September 8, 1998, is hereby approved for submittal to the Commonwealth of Virginia. ATTEST: /~¢~.,~~~ P P R O V E D Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34008-090898. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Alex E. Paris Contracting Company, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B1 & B2; and providing for an emergency. ¥ BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Alex E. Paris Contracting Company, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B1 & B2, all as more fully set forth in the report to this Council dated September 8, 1998. 2. The Change Order will provide authorization for additions in the work with a net increase in the amount of $215,052 to the original contract dated September 22, 1997, all as set forth in the above report. 148 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34009-090898. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D & E; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D & E, all as more fully set forth in the report to this Council dated September 8, 1998. 2. The Change Order will provide authorization for additions in the work with a net increase in the amount of $63,420 to the original contract dated March 16, 1998, all as set forth in the above report. 149 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34010-090898. AN ORDINANCE authorizing the City Manager to execute Change Order No. 5 on behalf of the City to the contract between the Virginia Department of Transportation and Allegheny Construction Company, Inc., for the 1-581 Interchange improvements at Valley View Boulevard; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 5 to the contract between the Virginia Department of Transportation and Allegheny Construction Company, Inc., fo~ the 1-581 Interchange improvements at Valley View Boulevard, all as more fully set forth in the report to this Council dated September 8, 1998. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $75,000 to the original contract, all as set forth in the above report. 150 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker ~ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34011-090898. AN ORDINANCE amending and reordaining §2-178, Fee for bad checks tendered to city, of the Code of the City of Roanoke (1979), as amended, to provide for imposition upon persons tendering bad checks to the City of a fee in the maximum amount permitted by the State Code; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-178, Fee for bad checks tendered to city_, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 2-178. Fee for bad checks tendered to city. If any bank upon which an uncertified check tendered to the city shall refuse payment upon such check due to insufficient funds in the account of the drawer, no account in the name of the drawer or account of the drawer closed, and such check shall be returned to the city unpaid, a fee in the maximum amount permitted by the Code of Virginia (1950), as amended, shall be imposed upon the person from whom such payment is due to the city. This fee shall apply to checks tendered for any taxes, fees or any other sums due to the city and shall be in addition to any other penalties imposed by law. Fees collected by the city under this section shall be deposited in the general fund. 151 2. In order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker ~ Daw(~i~owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34012-090898. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on October 6, 1998, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, the Honorable David A. Bowers, Mayor, is hereby designated Voting Delegate, and the Honorable C. Nelson Harris, Vice-Mayor, is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1998 Annual Conference, W. Robert Herbert, City Manager, shall be designated Staff Assistant. 152 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: Mary F. Parker ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34013-090898. A RESOLUTION providing that the regular meeting of City Council scheduled to be held on Monday, October 5, 1998, shall be rescheduled to Wednesday, October 7, 1998. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference to be hosted by the City of Roanoke in this City on October 4-6, 1998, the meeting of City Council regularly scheduled to commence at 12:15 p.m., on Monday, October 5, 1998, is hereby rescheduled to commence at 12:15 p.m., on Wednesday, October 7, 1998, such meeting to be held in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July' 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 153 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 October 5, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34014-090898. A RESOLUTION providing that the regular meeting of City Council scheduled to commence at 12:15 p.m. on November 2, 1998, shall commence at 2:00 p.m., on the same date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The regular meeting of City Council scheduled to commence at 12:15 p.m., on Monday, November 2, 1998, is hereby rescheduled to commence at 2:00 p.m., on Monday, November 2, 1998, such meeting to be held in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 154 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 November 2, 1998. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34000-092198. AN ORDINANCE authorizing the City Manager to execute a Parking Agreement with Carilion Health System (Carilion) to provide for parking permits as part of the relocation of job positions from outside Enterprise Zone One to within Enterprise Zone One. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf the City to execute and attest, respectively, a Parking Agreement with Carilion dated September 1, 1998, for a term of five years, which may be renewed for up to two five year periods upon mutual agreement of the parties, that will provide for a minimum number of 310 parking permits to Carilion by January 31, 1999, and a maximum of 440 parking permits, all as more particularly set forth in the City Manager's report and attachments to this Council dated September 8, 1998. 2. The monthly charge for the parking permits will begin at the rate of $23.00 per permit per month for the first three years and will increase as set forth in the City Manager's report and attachments of September 8, 1998, and the agreement will provide that the availability of these parking permits will be 155 conditioned upon the creation or relocation of a minimum of 310 additional job positions from outside Enterprise Zone One to Enterprise Zone One and the maintenance of those job positions during the term of the Parking Agreement and that should the job positions not be maintained, Carilion will be subject to additional charges or the Parking Agreement may be canceled, all as more particularly set forth in the said report. 3. The Parking Agreement with Carilion shall be substantially similar to the Parking Agreement attached to City Manager's report to this Council dated September 8, 1998, and shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34007-092198. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., now doing business as e.spire Communications, Inc. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., now doing business as e.spire Communications, Inc., such extensions to be for a period to January 1, 1999, and month-to-month thereafter in accordance with the terms set 156 forth in the City Manager's report to this Council dated September 8, 1998, with the other terms of the Franchise and License Agreements to remain the same, the form of each to be approved by the City Attorney, all as more particularly set forth in above report. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34015-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School and School 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 1998-99 School and School Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund A_~_~ro_oriations Education Facilities (1-6) .................................. $ 93,475,862.00 1,127,060.00 157 Fund Balance Reserved for CMERP - Schools (7) .................... $ 397,275.00 School Ca_oital Pro_iects Fund A_o_~ro_oriations Huff Lane Microvillage School Improvements (8-10) ..... $2,316,700.00 Revenue Due from State Literary Fund - Huff Lane (11) ......... $5,050,000.00 1) Books and Subscriptions (030-060-6006-6111-0613) 2) Additions - Machinery and Equipment 3) Buildings 4) Replacement- Machinery and Equipment 5) Additions - Furniture and Fixtures 6) Buildings 7) Reserved for CMERP - Schools 8) Replacement- Capital Outlay 9) Replacement - Other Capital Outlay 10) Additions - Other Capital Outlay 11) Due from State Literary Fund - Huff Lane (030-060-6006-6681-0821) (030-060-6006-6681-0851) (030-060-6006-6682-0801) (030-060-6006-6683-0822) (030-060-6006-6896-0851) (030-3324) (031-060-6089-6896-0807) (031-060-6089-6896-0809) (031-060-6089-6896-0829) (031-1323) 294,927.00 14,914.00 27,763.00 5,361.00 16,944.00 37,366.00 (397,275.00) 22,268.00 22,732.00 5,000.00 50,000.00 158 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34016-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporo_~riations Streets and Bridges $ 23,380,213.00 Bridge Maintenance (1) ......................... 718,650.00 1) Appropriated from General Revenue (008-052-9549-9003) $ 150,000.00 159 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34017-092198. A RESOLUTION authorizing a contract with Biddle Enviro Technical Service, Inc., to produce an Operations and Maintenance Manual for the Water Pollution Control Plant Upgrade and Expansion. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Biddle Enviro Technical Service, Inc., in the amount of $87,500 to produce an Operations and Maintenance Manual for the Water Pollution Control Plant Upgrade and Expansion as described in the City Manager's report to this Council dated September 21, 1998. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated September 21, 1998. ATTEST: City Clerk APPROVED David A. Bowers Mayor 160 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34018-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 27,968.00 Challenge Grant - FY99 (1) ........................... 4,750.00 Revenue Parks, Recreation and Cultural $ 27,968.00 Challenge Grant - FY99 (2) ........................... 4,750.00 1) Subsidies (035-054-8733-3700) 2) State Grant Receipts (035-054-8733-8733) $ 4,750.00 4,750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Dawd A. Bowers Mayor 161 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34019-092198. A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,750.00 to be used for those purposes identified in the report of the City Manager to Council dated September 21, 1998. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST:~~ Mary F. Parker City Clerk Mayor ~ David A.~o 'wers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34020-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. 162 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ao_oro.oriations Community Development $ 2,767,719.00 Community Education (1-4) ....................... 10,764.00 Nondepartmental $ 59,303,788.00 Transfers to Other Funds (5) ..................... 58,469,770.00 1) Temporary Employee Wages 2) FICA 3) Expendable Equipment 4) Fleet Management Daily Vehicle Rental 5) Transfers to Grant Fund (001-054-8170-1004) (001-054-8170-1120) (001-054-8170-2035) (001-054-8170-2054) (001-004-9310-9535) $ 8,677.00 664.00 1,073.00 350.00 (10,764.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34021-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Funds Appropriations, and providing for an emergency. 163 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 1998-99 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_~.~ro_oriations Nondepartmental $ 59,371,412.00 Transfers to Other Funds (1) ...................... 58,537,394.00 Public Works $ 24,032,132.00 Building Maintenance (2) ......................... 3,308,277.00 Capital Projects Fund Appropriations Recreation - Capital Projects Fund $ 1,642,235.00 Parks - Storage Tanks (3) ........................ 96,860.00 1) Transfers to Capital Projects Fund 2) Maintenance of Fixed Assets 3) Appropriated from General Revenue (001-004-9310-9508) (001-052-4330-3057) (008-052-9566-9003) $ 56,860.00 (56,860.00) 56,860.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34022-092198. AN ORDINANCE accepting the bid of S.J. Conner and Sons, Inc., to provide and install two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, SW, 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 S.J. Conner and Sons, Inc., in the total amount of $94,457 to provide and install two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, SW, as is more particularly set forth in the City Manager's report dated September 21, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid 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. 165 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34023-092198. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Wednesday October 7, 1998. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Wednesday, October 7, 1998, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to Sanctuary - Crisis Intervention Center, at 4350 Coyner Springs Road, Roanoke, Virginia 24012, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue, S.W., in the City of Roanoke. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 166 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 October 7, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34024-092198. A RESOLUTION authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone Two that will add as a subzone certain areas not currently in Enterprise Zone Two; and to authorize the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment for the addition as a subzone of certain areas not currently in Roanoke's Enterprise Zone Two and to take such further action as may be necessary to obtain the boundary amendment. WHEREAS, there are additional areas within the City of Roanoke which are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as a subzone as part of Roanoke's Enterprise Zone Two; and WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the amendment of an existing Enterprise Zone to include a subzone, thereby making qualified business firms which locate or expand within such an amended Zone eligible for significant Enterprise Zone benefits; and WHEREAS, the. designation of additional areas of the City as part of Roanoke's Enterprise Zone Two has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth could result in much needed growth and revitalization; and 167 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the proposed boundary amendment to Roanoke's Enterprise Zone Two, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke is hereby applying for an amendment to Roanoke's Enterprise Zone Two, which amendment will add as a subzone additional areas that are currently outside of Enterprise Zone Two, all as more fully shown on the maps attached to the City Manager's report to this Council dated September 21, 1998, and more fully described in that report. 2. The City Manager or the Assistant City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development for a boundary amendment to Roanoke's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Act of 1982, as amended, which boundary amendment will add as a subzone certain areas not currently in Roanoke's Enterprise Zone Two, all as more fully set forth in the City Manager's report to this Council dated September 21, 1998, and the attachments thereto. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 4. The City Manager or Assistant City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary for the application for the boundary amendment to Roanoke's Enterprise Zone Two for the Department's review and consideration and to take such further action as may be necessary to meet other program administrative and reporting requirements. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. 168 adoption. This Resolution shall be effective on and after the date of its ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34025-100798. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,250,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1998-A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, in March, 1998, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $1,250,000 (the "Literary Fund Loan")from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; 169 WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"); WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow not to exceed $1,250,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on October 7, 1998, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined); 170 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $1,250,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bond~. It is determined to be inthe best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bon~ls. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998-B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1999 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Princi_nal Installments The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. 171 The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Payina_ Aa_ent and Bond Re_aistrar. provisions shall apply to the Bonds: The following (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pled~le of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without 172 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. Use of Proceeds Certificate and Certificate as to Arbitrable. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraue Prouram: Proceeds Aureement. The Council hereby determines that it is in the ~est interests of the City-to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuin_~ Disclosure Apreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. Filin_~ 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. 173 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Council held on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Present Absent Aye Nay Abstain David A. Bowers, Mayor X C. Nelson Harris, Vice X Mayor W. Alvin Hudson, Jr. X Carroll E. Swain X James O. Trout X William White, Sr. X Lynda F. Wyatt X X X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this day of October, 1998. Clerk, City of Roanoke 174 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 1998-B The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 1999 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. 175 The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due, which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the Council and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and, in any case, having an equal aggregate principal amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due 176 time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the city of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ,1998. 177 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eli;ible guarantor institution" without alteration or change) meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (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) 178 ,_~I .... :_11 il ................... ItI1~i11.'[. iiiiiiiiiiiiiiiiiiiiili · it!!!!!tt!!!!l!llllltiiiiltiilillliillllll . .~.~,~.~.~.~.~.~.~.~.~-~-~-~-~-!-~-~:~;~r~ iiiiiii, iiiiiiiiii'i'i"ill,'~ itiilliiiitililiilitiiiiiiilliiliiiiiilil J E! 18[ ,'l i'B'i'B'i i B .i'B'B','S'8', B 8 8'8 .i!1~ .I iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii I' ''~ l;I Iti .it~i.,ttllllllii!!tilitl,llllllilttliil~ii!!~! ! I~tl ::::::::::::::::::::::::::::::::::::::::: 179 APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, THE 7TH DAY OF OCTOBER, 1998. No. 34026-100798. A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,200,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1998-A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow not to exceed $5,200,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on October 7, 1998, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and U;e of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $5,200,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 180 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager, that is not less than 99% of par and not more than 103% of par upon the terms established pursuant to this Resolution. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bond.s. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998-A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1999 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Princi0al Installments, The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed six and one-half percent (6%%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Paying Agent and Bond Registrar. provisions shall apply to the Bonds: The following 181 (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009 through July 14, 2010 July 15, 2010 through July 14, 2011 July 15, 2011 and thereafter 102% 101 100 Provided., however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 182 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and intsrest 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. Use of Proceeds Certificate and Certificate as to Arbitra~j,. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program: Proceeds Agreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuing Disclosure A_~reement~ The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 183 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filin_~ 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. 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Present Absent Aye Nay Abstain David A. Bowers, Mayor X C. Nelson Harris, Vice X Mayor W. Alvin Hudson, Jr. X Carroll E. Swain X James O. Trout X William White, Sr. X Lynda F. Wyatt X X X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this of October, 1998. day City Clerk, City of Roanoke, Virginia 184 NO. TR-1 EXHIBIT A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CiTY OF General Obligation School Bond Series 1998-A The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semiannually on January 15 and July 15 of each year, commencing on July 15, 1999 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. 185 The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due, which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2009 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2009, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: 186 Dates July 15, 2009 through July 14, 2010 July 15, 2010 through July t4, 2011 July 15, 2011 and thereafter Prices 102% 101 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ,1998. 187 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed; (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this (NOTICE: Signature(s) must be Bond in every particular, without alteration guaranteed by an "eligible guarantor or change.) institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 188 SCM. gDULg I Dire Prlntil~t Cou~n [ntireit Period ToteL Fizcit Totit T/15/99 Z50,000.00 4.100000 140,730.90 399,730.90 1/15/ 0 109,56Z.50 109,562.50 509,293.40 T/1S/ 0 250,000.00 &.lO0000 109,Sd2.50 359,562.50 1/15/ 1 1M),/)37.S0: 1M),/)37.50 GM,O00.O0 T/lS/ I ~0,000.00 4.1C-:-:~ 10~,437.50 35&,437.50 1/15/ Z 99,312.50 99,31:).50 &S3,?SO.O0 T/15/ :) 250,000.00 G.IGGGGG 99,31:).50 340,31:).50 1/15/ 3 ~,187.50 ~, 187.50 T/15/ 3 250,000.00 4.100000 9(,107.50 344,187.50 1/15/ 4 69,062.S0 . 89,062.S0 433,250.00 7/15/ & ~0,000.00 &.IGGGGG 89,M2.50 339,062.50 1/15/ S 83,937.50 83,937.50 q3,QOO.O0 T/1S/ S 250,Q00.00 &. ~-~-:~ 83,937.50 333,937.S0 1/15/ 6 78,187.50 7'8,187.50 412,125.00 ?~IS~ 6 250,000.00 4.~:;J.:-:-~ 78,187.50 3~i,187.S0 1/15/ 7 ?2,437.50 72,437.50 ~X),625.00 7/15/ T 250,000.00 4._,,~._:-:-:-~ 72,437.50 3~2,437.50 1/15/8 M,MT.50 66,M7.50 389,125.00 T/15/ 8 250,000.00 &._&.:~_.~_~_~_. 66,M7.S0 316,687.S0 1/15/ 9 60,937.50 . 60,937.50 3TT,6~S.QO T/1S/ 9 250,QQ0.00 4.6QQOQO 60,937.50 310,937.50 1/15/10 55,187.50 55,187.50 366,125.00 7/IS/10 250,000.00 4. _;.._--_--_--_--~ 35,187.50 305,187.50 1/15/11 &9,437.50 49,437.50 35&,625.00 7/15/11 250,(X]O.OQ &. _7,~een___ &9,437. S0 Zg9,437.50 1/15/1:) &3,S6Z.SO : 43,562.50 343,000.00 7/15/12 250,0M).00 &, C"_--'_--':':m~ 43,562.50 293,562.S0 1/15/13 37,562.50 37,56LS0 331,125.05 7/15./13 250,000.00 &.asGGGG 3T,S~.SO zeT, s6L50 1/15/14 31,500.00 31,500.00 319,06z.50 T/15/1& 250,000.00 &.9~__M~__ 31,S00.00 Z81,S00.00 1/15/15 25,312.50 7.S,31Z.S0 306,81Z.S0 7/15/15 250,000.00 S.~ 25,31:).50 Z75,31:).S0 1/15/16 19,06~.50 19,062.S0 Z94,373.00 T/1S/16 250,000.00 S.OSGGGG 19,06Z.50 269,06Z.$0 1/15/17 12,730.00 1:),730.00 :)81,812.50 7/15/17' 250,000. O0 S. I C~-~-~ 12,730. O0 262,730. O0 1/15/18 6,37~.00 6,375.00 269,125.00 7/15/18 250,000.00 S. I£~'-~-~ 6,373.00 256,373.00 1/15/19 ZS6,373.00 Dater 09-03-1998 I 16551:06 Fitmm YPSA Koyt 981-RNKCITY 189 Virginia PubLic School Authority Serteo 1998B - City of Roanoke Estimate of Local School Bond Debt Service Debt Service ScheduLe Date Principal Coupon Interest Period Total Fiscal Total 5,000,000.00 2,47.8,730.90 7,428,730.90 5,000,000.00 2,428,7]0.90' 7,428,7]0.90 D&tod 11/Z0/~ ~ith DeLivery of 11/20/98 Bm~l Yeegs Ave~N~ C~ 4.~7 A~ Life 10.152~ N I c x 4.~T4MX usi~ 100.7813500 Weighted Bond Years 51,04~.~1 Wetghtod Average Life 10.1~72& Weighted N I C ~. 4.681542 ~. Using 100.7813500 T ! C ~. 4°650723 X From DeLivery Date Arbttroge YieLd 4.650723 Z Date: 09-03-1998 a 16:51:06 FiLm: VPSA [ey: 98B-RNKCZTY ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 190 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34027-100798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDro_Driation~ Streets and Bridges $ 23,280,213.00 Williamson Road Improvements (1) ............... 50,000.00 Capital Improvement Reserve $ 13,635,540.00 Public Improvement Bonds - Series 2000 (2) ........ ( 916,348.00) 1) Appropriated from Bond Funds 2) Streets and Sidewalks (008-052-9716-9003) (008-052-9709-9191) $ 50,000.00 (50,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 191 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34028-100798. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made for architectural/engineering services in connection with the Williamson Road Corridor Study Recommendations; 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 $50,000 appropriated by an ordinance simultaneously adopted by the City Council on October 7, 1998, for certain expenditures to be made for architectural/engineering services in connection with the Williamson Road Corridor Study Recommendations from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Williamson Road Corridor Study Recommendations is $575,000. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 192 adoption. This Resolution shall be effective on and after the date of its Mary F. ParRer City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34029-100798. 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 Woodrow Wilson Middle School for use by the general public, and authorizing the establishment of user fees to be charged at the fitness center, 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, the 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 Woodrow Wilson Middle School for use by the general public, and authorizing the establishment of user fees to be charged at the fitness center, said fees to be no less than the fees set forth in the City Manager's report dated October 7, 1998, all of which shall be upon the terms and conditions as more particularly set forth in the City Manager's report dated October 7, 1998. Mary F. Parker APPROVED City Clerk Mayor 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34030-100798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund AD_oroDriations Nondepartmental Contingency - General Fund (1) .................. Transfers to Other Funds (2) ..................... $ 59,319,552.00 ( 465,962.00) 58,495,534.00 Capital Projects Fund ApproDriatJons General Government Westview Terrace Property Acquisition (3) ........ $ 16,192,608.00 360,000.00 1) Contingency (001-002-9410-2199) 2) Transfers to Capital Project Fund (001-004-9310-9508) 3) Appropriations from General Revenue (008-052-9715-9003) $ (10,000.00) 10,000.00 360,000.00 194 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34031-100798. AN ORDINANCE providing for the acquisition of approximately 6.5 acres of land located in Westview Terrace, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proper City officials are authorized to acquire fee simple title to certain real estate comprising approximately 6.5 acres of land located in Westview Terrace, identified in the Water Resources Committee report and attachments dated October 7, 1998, upon certain terms and conditions, for the consideration of $352,800. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 195 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34032-100798. A RESOLUTION authorizing the application for and acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a criminal records improvement program in the Police Department and authorizing execution of any required documentation on behalf of the City by the City Manager. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Application for a grant from the Commonwealth of Virginia Department of Criminal Justice Services in the amount of $262,500 for implementation of a modern records management system in the Police Department is hereby authorized. 2. The local cash match shall be in the amount of $87,500. 196 3. The City Manager or the Assistant 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 Commonwealth, all as more particularly set forth in the report of the City Manager dated October 7, 1998. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34033-100798. A RESOLUTION authorizing the application for and acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services to implement an incident based crime reporting system in the Police Department and authorizing execution of any required documentation on behalf of the City by the City Manager. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Application for a grant from the Commonwealth of Virginia Department of Criminal Justice Services in the amount of $24,800 to implement an incident based crime reporting system in the Police Department is hereby authorized. 2. The local cash match shall be in the amount of $24,800. 197 3. The City Manager or the Assistant 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 Commonwealth, all as more particularly set forth in the report of the City Manager dated October 7, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34034-100798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_oriations Health and Welfare Runaway and Homeless 9198 -8199 (1-17) ............. Revenue Health and Welfare Runaway and Homeless 9198-8199 (18) ............... $ 4,264,135.00 106,606.00 $ 4,264,135.00 106,606.00 198 1) Regular Employee Wages (035-054-5135-1002) 2) Temporary Wages (035-054-5135-1004) 3) Retirement 4) ICMA Match 5) FICA 6) Health Insurance 7) Dental Insurance 8) Life Insurance 9) Long Term Disability 10) Fees for Professional Services 11) Telephone 12) Cellular Telephone 13) Administrative Supplies 14) Dues/Memberships 15) Training 16) Mileage 17) Program Activities 18) Federal Runaway and (035-054-5135-1115) (035-054-5135-1116) (035-054-5135-1120) (035-054-5135-1125) (035-054-5135-1126) (035-054-5t 35-1130) (035-054-5135-1131 ) (035-054-5135-2010) (035-054-5135-2020) (035-054-5135-2021) (035-054-5135-2030) (035-054-5135-2042) (035-054-5135-2044) (035-054-5135-2046) (035-054-5135-2066) Homeless Grant Funding (035-054-5135-5135) $ 74,604.00 5,005.00 6,714.00 325.00 6,090.00 4,968.00 510.00 537.00 187.00 1,000.00 200.00 650.00 831.00 685.00 1,800.00 1,000.00 1,500.00 106,606.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34035-100798. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to provide services at the City's Crisis Intervention Center (Sanctuary); and authorizing the execution of the necessary documents~ 199 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0396101), in the amount of $106,606, to be used to augment client services at the City of Roanoke's Crisis Intervention Center through the Sanctuary Outreach Program as set out and described in the City's application for said grant, and as more particularly set forth in the October 7, 1998, report of the City Manager to this Council. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Health and Human Services in connection with the City's acceptance of the grant. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34036-100798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Higher Education Authority Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 200 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Higher Education Authority Fund, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_oriations Operating/Development $ 182,500.00 Other Charges (1-3) ............................... 120,000.00 Capital Outlay $ 5,259,000.00 Higher Education Center (4-5) ....................... 5,259,000.00 Revenues Funding from the Commonwealth (6) ................ $ 5,441,500.00 1) Fees for Professional Services 2) Administrative Supplies 3) Training and Development 4) Architectural and Engineering Fees 5) Construction of Structures 6) State Funding (020-002-8720-2010) (020-002-8720-2030) (020-002-8720-2044) (020-002-8721-9055) (020-002-8721-9060) (020-020-1234-1400) $115,000.00 4,500.00 500.00 1,196,000.00 4,063,000.00 5,379,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 201 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34040-100798. AN ORDINANCE authorizing the City Manager to enter into an agreement with Crystal Tower Building Corporation, for the leasing of office space within the Crystal Tower Building to house the staff of Managed Health Services, Inc., upon certain terms and conditions; and providing for an emergency. 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 Crystal Tower Building Corporation, for the lease of 530 square feet of office space located on the Fifth Floor of the Crystal Tower Building at 145 Campbell Avenue, S.W., to house the staff of Managed Health Services, Inc.; said lease shall be for a term of one year, with automatic year-to-year renewal thereafter, unless either party gives 30 days written notice of termination; the annual lease rate is $11.50 per square foot of space; said lease shall be upon the other terms and conditions as more particularly described in the report to this Council from the Water Resources Committee dated October 7, 1998. 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 David A. Bowers Mayor 202 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34042-100798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADnroDriations Capital Improvement Reserve $ 13,665,540.00 Public Improvement Bonds - Series 1996 (1) ........ 4,533,327.00 Streets and Bridges $ 23,250,213.00 Lafayette/Cove Road Sidewalk Project (2) .......... 20,000.00 1) Streets and Sidewalks 2) Appropriated from Bond Funds (008-052-970t-9191) (008-052-9714-9001) (20,000.00) 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 203 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34043-100798. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Lafayette/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 by condemnation, under certain circumstances; and providing for an emergency. 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 Lafayette/Cove Road Sidewalk Project, the City wants and needs certain real property rights on property bearing Official Tax Nos. 2460401, 2460402, 2460403, 2460407, 2460408, 2450125, 2450101, 2450118 and 2450102, as set forth in the report and attachment thereto of the Water Resources Committee dated October 7, 1998. The proper City officials are authorized to acquire this property for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of said property and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to offer the owner of the property such consideration as he deems appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisal, title reports, preparation of necessary documents and recordation costs, shall not exceed $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. 4. Should the City be unable to agree with the owners of the properties to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owners be persons under disability lacking capacity to convey said property rights or should the whereabouts of the owners be unknown, the City Attorney, is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 204 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. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34046-100798. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, October 19, 1998. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, October 19, 1998, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to the Fralin Atrium at the Jefferson Center, 541 Luck Avenue, S. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue, S.W., in the City of Roanoke. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 2O5 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 October 19, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34047-100798. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, December 7, 1998. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, December 7, 1998, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to the Woodrow Wilson Middle School Library, 1813 Carter Road, S. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue, S.W., in the City of Roanoke. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 206 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 December 7,1998. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34048-100798. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on December 1-5, 1998, in Kansas City, Missouri, and any Business Meetings in connection with such Conference, the Honorable William White, Sr., is hereby designated Voting Delegate, and the Honorable W. Alvin Hudson, Jr., Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia. 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 207 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1998. No. 34049-100798. A RESOLUTION assigning any and all claims and causes of action the City of Roanoke may have against Hayes, Seay, Mattern & Mattern, Inc., to the Hotel Roanoke Conference Center Commission. WHEREAS, the Hotel Roanoke Conference Center (Center) is owned and operated by the Hotel Roanoke Conference Center Commission (Commission), a political subdivision of the Commonwealth; WHEREAS, on August 6, 1993, prior to the creation of the Commission, the City of Roanoke (City) entered into an Agreement for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc. (HSMM) whereby HSMM would oversee, inspect and monitor design and construction of the Center in accordance with both industry standards and project plans, drawings and specifications; WHEREAS, the City always intended the Commission to be the beneficiary of its contract with HSMM; WHEREAS, the Commission has discovered several substantial and latent defects in the Center, and it is anticipated that such defects may also appear in other parts of the Center in the future; WHEREAS, the Commission will incur substantial expense and monetary damages in remedying such defects in the Center; WHEREAS, the City has claims and causes of action against HSMM arising out of the Agreement for Consultant Services, dated August 6, 1993; and WHEREAS, the City is desirous of assigning any and all claims and causes of action the City may have against HSMM to the Commission; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Any and all claims and causes of action the City may have against HSMM arising out of the Agreement for Consultant Services, dated August 6, 1993, between the City and HSMM are hereby assigned to the Commission. 208 2. The Clerk is directed to forward an attested copy of this Resolution to Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, and Paul G. Beers, attorney for the Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34037-101998. AN ORDINANCE granting a license to permit an encroachment of a 5,000 sq. ft. commercial building over an existing sewer line and easement located on the property commonly known as 4803 Williamson Road, N.W., and bearing Official Tax No. 2170128, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted J. B. Goria ("Licensee") and his grantees, assignees, or successors in interest of the property bearing Official Tax No. 2170128, otherwise known as 4803 Williamson Road, N.W., within the City of Roanoke, to construct and maintain an encroachment in the form of a 5,000 sq.ft. commercial building (the "Structure") over an existing sewer line and easement on such property, as more fully described in a report of the Water Resources Committee dated October 7, 1998. 2. Said license shall be for the life of the Structure only. 3. It shall be agreed by the Licensee that, prior to constructing the Structure, Licensee or its grantees, assignees or their agents or contractors will replace the existing sewer line with ductile iron pipe or will encase the existing line in concrete or steel an;I will install manholes allowing access to such pipe or line at each end of the Structure. 209 4. It shall be agreed by the Licensee that, in constructing or 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 over the existing sewer easement. 5. 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. 6. The City Clerk shall transmit an attested copy of this ordinance to J. B. Goria, P.O. Box 20269, Roanoke, Virginia 24018. 7. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by J. B. Goria, 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 5 above is on file in the office of the City Clerk. APPROVED ATTEST: Mary F. Parker City Clerk Mayor ~' Davi~ 210 ACCEPTED and EXECUTED by the undersigned this ,1998. J. B. Goria day of COMMONWEALTH OF VIRGINIA ~ To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ~ day of ,1998, by J. B. Goria. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34038-101998. AN ORDINANCE granting a license to permit an encroachment of a two-story residential building over existing sewer lines and easements located on the property commonly known as 218 Twenty-third Street, S.W., and bearing Official Tax No. 1051501, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the Edwin C. Hall ("Licensee") and his grantees, assignees, or successors in interest of the property bearing Official Tax No. 1051501, otherwise known as 218 Twenty-third Street, S.W., within the City of Roanoke, to construct and maintain an encroachment in the form of a two-story residential building (the "Structure") over existing sewer lines and easements on such property, as more fully described in a report of the Water Resources Committee dated October 7, 1998. 2. Said license shall be for the life of the Structure only. -- 211 3. It shall be agreed by the Licensee that, prior to constructing the Structure, Licensee or its grantees, assignees or their agents or contractors will replace the existing sewer lines with ductile iron pipes or will encase the existing lines in concrete or steel and will install manholes allowing access to such pipes or lines at each end of the Structure. 4. It shall be agreed by the Licensee that, in constructing and 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 over the existing sewer easements. 5. 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. 6. The City Clerk shall transmit an attested copy of this ordinance to Edwin C. Hall, Hall Associates, Inc., 213 South Jefferson Street, Suite 1007, Roanoke, Virginia 24011-1714. 7. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Edwin C. Hall, 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 5 above is on file in the office of the City Clerk. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 212 ACCEPTED and EXECUTED by the undersigned this day of ,1998. Edwin C. Hall COMMONWEALTH OF VIRGINIA ~ To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ~ day of ,1998, by Edwin C. Hall. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34039-101998. AN ORDINANCE releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of that same property as public right-of-way in connection with the Peters Creek Road Extension Project; subject to the former property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area. WHEREAS, by Ordinance No. 30622-072291, adopted July 22, 1991, the City declared a 3.8-acre portion of the westerly 14.773 acres of Strauss Park surplus to the City's needs for public park or recreational purposes and authorized its use in connection with the construction of Peters Creek Road Extension; WHEREAS, there remain four residual portions of Strauss Park that are separated from the park by the roadway and are no longer useful or beneficial for public park and recreational use due to this separation; and WHEREAS, potential purchasers of properties adjacent to two of these residual parcels have requested access to over these parcels to the Peters Creek Road Extension; 213 WHEREAS, the Peters Creek Road Extension Project has been completed, and it is the intent of the Council of the City of Roanoke that Parcels A, B, C and D, as shown on the attachments to the Water Resources Committee report dated October 7, 1998, be released from dedication for public park and recreational use; and that said Parcels A, B. and C be dedicated as public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subject to the former owner concurring in the release of Parcels A, B and C, as shown on the attachment to the Water Resources Committee report dated October 7, 1998, said parcels are released from their dedication by Ordinance No. 16911, adopted April 4, 1966, as public park and recreational lands, and dedicated as public right-of-way, as more particularly set forth in the report of the Water Resources Committee dated October 7, 1998. 2. Subject to the former owner concurring in the release of Parcel D, as shown on the attachment to the Water Resources Committee report dated October 7, 1998, said Parcel D is released from its dedication by Ordinance No. 16911, adopted April 4, 1966, as public park and recreational land, as more particularly set forth .in the report of the Water Resources Committee, dated October 7, 1998. APPROVED ATTEST: Mary F. Parker . City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34041-101998. AN ORDINANCE declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition. BE IT ORDAINED by the Council of the City of Roanoke as follows: 214 1. The former City Nursing Home owned by the City and located at 4365 Coyner Springs Road, N.E., Roanoke, Virginia hereby declared to be surplus to the City's needs. 2. The City Manager or his designee is authorized to provide for the demolition of the structure only (not the real property) as more particularly set forth in the report of the Water Resources Committee dated October 7, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34044-101998. AN ORDINANCE amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than twenty days after the billing date and a penalty of ten percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, and providing for an effective date thereof. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Rule 31 of the Rules and Regulations for the Provision of Water Service dated October 22, 1984, is hereby amended to provide for a payment due date for water and sewer bills not less than twenty days after the billing date, in accordance with the terms and conditions set out in the report of the Water Resources Committee, dated October 7, 1998. 2. The Rules and Regulations for the Provision of Water Service dated October 22, 1984, are hereby amended by adding Rule 31.2 to provide a penalty of ten percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, in accordance with the terms and conditions set out in the Water Resources Committee report dated October 7, 1998. 215 ATTEST: This ordinance shall be in effective on and after January 4, 1999. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34045-101998. AN ORDINANCE amending §2-178.1, Interest rates on overdue accounts, of Article VIII. Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by the excluding water and sewer accounts from having an interest charge imposed and by changing the reference from §15.1 to §15.2 of the Code of Virginia, and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-178.1, Interest rates on overdue accounts, of Article VIII. Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained to read and provide as follows: Sec. 2-178.1. Interest rates on overdue accounts. Interest at the rate established by section 15.2-105, Code of Virginia (1950), as amended, shall be assessed upon the principal and penalty on any overdue city accounts, excluding tax accounts and water and sewer accounts, from the first day following the day such account is due. 216 2. This ordinance shall be effective on and after January 4, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34050-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riations Education Facilities (1-3) ................................... Title I Winter Program 98-99 (4-7) ................... Title I Local Delinquent Children Grant 98-99 (8-20) .... Title VI Professional Development 98-99 (21-22) ....... Magnet School 98-99 (23-39) ...................... Flow Through 98-99 (40) .......................... Child Development Clinic 98-99 (41-47) ............... Child Specialty Services 98-99 (48-54) ................ Juvenile Detention Home 98-99 (55-62) ............... Workplace Education Program 98-99 (63-64~ .......... $32,937,240.00 88,497.00 58,163.00 97,948.00 2,000.00 958,05O.O0 5,355.00 3,362.00 1,673.00 65,669.00 21,530.00 217 School-to-Work Transition 98-99 (65-67) ................ $ 34,216.00 Grants Management 98-99 (68-74) ...................... 73,900.00 State Truancy Project 98-99 (75-80) .....................61,352.00 Revenue Education Title I Winter Program 98-99 (81) .................... Title I Local Delinquent Children Grant 98-99 (82) ...... Title VI Professional Development 98-99 (83) ......... Magnet School 98-99 (84) ......................... Flow Through 98-99 (85~ .......................... Child Development Clinic 98-99 (86~ ................. Child Specialty Services 98-99 (87) ................... Juvenile Detention Home 98-99 (88) .................. Workplace Education Program 98-99 (89) ............. School-to-Work Transition 98-99 (90) ................. Grants Management 98-99 (91) ...................... State Truancy Project 98-99 (92) ..................... $32,848,743.00 58,163.00 97,948.00 2,000.00 958,050.00 5,355.00 3,362.00 1,673.00 65,669.00 21,530.00 34,216.00 73,900.00 61,352.00 Fund Balance Reserved for CMERP - Schools (93~ .................. $ 485,772.00 1) Additions - Machinery and Equipment (030-060-6006-6681-0821) 2) Additions - Machinery and Equipment 3) Buildings 4) Supplements 5) Social Security 6) Indirect Costs 7) Other Miscellaneous Payments (030-060-6163-6200-0586) 8) Compensation of Other Professionals(030-060-6165-6554-0138) 9) Compensation of Clerical 10) Social Security 11) Retirement 12) Health Insurance 13) Other Professional Services 14) Telecommunications (030-060-6006-6682-0821) (030-060-6006-6896-0851) (030-060-6163-6200-0129) (030-060-6163-6200-0201 ) (030-060-6163-6200-0212) (030-060-6165-6554-0151 ) (030-060-6165-6554-0201 ) (030-060-6165-6554-0202) (030-060-6165-6554-0204) (030-060-6165-6554-0313) (030-060-6165-6554-0523) $ 59,586.00 1,750.00 27,161.00 32,274.00 2,843.00 (5,214.00) 28,260.00 41,958.00 14,711.00 4,335.00 7,645.00 3,887.00 3,000.00 2,500.00 218 15) Conventions/ Education 16) Testing/Evaluation/ Dissemination 17) Parent Involvement 18) Other Miscellaneous Payments 19) Educational and Recreational Supplies 20) Additions - Machinery and Equipment 21) Conventions/ Education 22) Educational and Recreational Supplies 23) Compensation of Supervisors 24) Compensation of Teachers Aides 25) Social Security 26) Retirement - VRS 27) Health Insurance 28) Other Professional Services 29) Educational and Recreational Supplies 30) Additions - Machinery (030-060-6165-6554-0554) (030-060-6165-6554-0584) (030-060-6165-6554-0585) (030-060-6165-6554-0586) (030-060-6165-6554-0614) (030-060-6165-6554-0821) (030-060-6248-6000-0554) (030-060-6248-6000-0614) (030-060-6317-6000-0124) (030-060-6317-6000-0141 ) (030-060-6317-6000-0201 ) (030-060-6317-6000-0202) (030-060-6317-6000-0204) (030-060-6317-6000-0313) (030-060-6317-6000-0614) and Equipment (030-060-6317-6000-0821) 31) Compensation of Other Professionals(030-060-6317-6307-0138) (030-060-6317-6307-0151) (030-060-6317-6307-0201) (030-060-6317-6307-0202) (030-060-6317-6307-0204) (030-060-6317-6307-0212) 32) Compensation of Clerical 33) Social Security 34) Retirement - VRS 35) Health Insurance 36) Indirect Costs 37) Other Professional Services 38) Advertising (030-060-6317-6307-0313) (030-060-6317-6307-0361) $ 2,000.00 4,000.00 3,500.00 2,500.00 4,000.00 3,912.00 600.00 1,400.00 95,000.00 45,000.00 14,133.00 14,805.00 20,800.00 152,666.00 345,032.00 99,340.00 45,000.00 20,000.00 4,973.O0 8,769.00 5,468.00 13,584.00 23,0O0.00 41,000.00 219 39) Conventions/ Education (030-060-6317-6307-0554) 40) Professional Health Services (030-060-6546-6553-0311) 41) Compensation of Other Professionals(030-060-6547-6554-0138) 42) Social Security (030-060-6547-6554-0201) 43) Retirement - VRS (030-060-6547-6554-0202) 44) Health Insurance (030-060-6547-6554-0204) 45) Indirect Costs (030-060-6547-6554-0212) 46) Conventions/ Education (030-060-6547-6554-0551) 47) Educational and Recreational Supplies (030-060-6547-6554-0614) 48) Compensations of Other Professionals(030-060-6548-6554-0138) 49) Social Security 50) Retirement - VRS 51) Health Insurance 52) Indirect Costs 53) Mileage 54) Educational and Recreational Supplies 55) Compensation of Substitutes 56) Compensation Other Professionals 57) Social Security 58) Retirement - VRS 59) Health Insurance 60) Indirect Costs 61) Mileage 62) Educational and Recreational Supplies 63) Compensation of Teachers 64) Social Security 65) Supplements 66) Other Professional Services 67) Telecommunications (030-060-6548-6554-0201) (030-060-6548-6554-0202) (030-060-6548-6554-0204) (030-060-6548-6554-0212) (030-060-6548-6554-0551) (030-060-6548-6554-0614) (030-060-6549-6554-0021) (030-060-6549-6554-0138) (030-060-6549-6554-0201) (030-060-6549-6554-0202) (030-060-6549-6554-0204) (030-060-6549-6554-0212) (030-060-6549-6554-0551) (030-060-6549-6554-0614) (030-060-6712-6451-0121 ) (030-060-6712-6461-0201 ) (030-060-6713-6452-0129) (030-060-6713-6452-0313) (030-060-6713-6452-0523) 9,480.00 5,355.00 2,032.00 155.00 274.00 599.00 102.00 100.00 100.00 1,654.00 127.00 223.00 486.00 83.00 (1,000.00) 100.00 1,800.00 46,721.00 3,712.00 6,303.00 3,197.00 2,336.00 400.00 1,200.00 20,000.00 1,530.00 30,591.00 3,422.00 203.00 220 68) Compensation of Directors 69) Social Security 70) Retirement - VRS 71) Health Insurance 72) Conventions/ Education 73) Office Supplies 74) Books and Subscriptions 75) Compensation of (030-060-6986-6307-0114) (030-060-6986-6307-0201) (030-060-6986-6307-0202) (030-060-6986-6307-0204) (030-060-6986-6307-0554) (030-060-6986-6307-0601) (030-060-6986-6307-0613) Other Professionals(030-060-6987-6671-0138) 76) Social Security (030-060-6987-6671-0201) 77) Retirement - VRS (030-060-6987-6671-0202) 78) Health Insurance (030-060-6987-6671-0204) 79) Mileage (030-060-6987-6671-0551) 80) Educational Recreational Supplies 81) Federal Grant Receipts 82) Federal Grant Receipts 83) Federal Grant Receipts 84) Federal Grant Receipts 85) Federal Grant Receipts 86) State Grant Receipts (030-060-6547-1100) 87) State Grant Receipts (030-060-6548-1100) 88) State Grant Receipts (030-060-6549-1100) 89) Fees 90) Federal Grant Receipts 91) Federal Grant Receipts 92) State Grant Receipts 93) Reserved for CMERP - Schools (030-060-6987-6671-0614) (030-060-6163-1102) (030-060-616S-1102) (030-060-6248-1102) (030-060-6317-1102) (030-060-6546-1102) (030-060-6712-1103) (030-060-6713-1102) (030-060-6986-1102) (030-060-6987-1100) (030-3324) $ 56,245.00 3,796.00 7,587.00 2,867.00 2,000.00 560.00 845.00 43,875.00 3,356.00 5,919.00 4,682.00 2,000.00 1,520.00 58,163.00 97,948.00 2,000.00 958,050.00 5,355.00 3,362.00 1,673.00 65,669.00 21,530.00 34,216.00 73,900.00 61,352.00 (88,497.00) 221 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 David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34051-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_~ro_~riations Nondepartmental $ 59,679,552.00 Transfers to Other Funds (1) ...................... 58,845,534.00 Fund Balance Reserved for CMERP - City (2) .................... $ 3,758,319.00 222 Caoital Pro_iect~ Fund A_DDroDriaticn$ General Government $16,542,608.00 Environmental Issues - Public Works Service Center (3) 800,000.00 1) Transferto Capital Project Funds 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9670-9003) 350,000.00 (350,000.00) 350,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34052-101998. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 223 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated October 19, 1998. 2. The Change Order will provide authorization for additions and deleting in the work with an increase in the amount of $52,317 to the original contract dated September 18, 1997, all as set forth in the above report. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34053-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 224 A_o~ro=riation~ General Government $ 11,310,647.00 Personnel Management (1) ........................ 835,929.00 Judicial Administration $ 4,485,195.00 Circuit Court (2) ................................. 206,933.00 Public Works Snow Removal (3) ............................... Solid Waste Management (4) ..................... Engineering (5) ................................. Building Maintenance (6) ......................... Parks and Grounds Maintenance (7) ................ $ 24,206,232.00 177,611.00 4,976,793.00 1,592,989.00 3,318,277.00 ,456,936.00 Parks, Recreation and Cultural $ 4,387,986.00 Recreation (8) .................................. 1,788,498.00 Nondepartmental $ 59,475,648.00 Transfer to Other Funds (9) ...................... 58,641,630.00 Fund Balance Reserved for CMERP - City (10) .................... $ 3,738,219.00 Capital Projects Fund Appropriations Streets and Bridges Bridge Maintenance (11) ......................... Peters Creek Road Extension (12) ................. $ 23,348,665.00 758,650.00 720,083.00 Traffic Engineering $ 2,403,764.00 Traffic Signals (13) .............................. 739,553.00 1) Fees for Professional Services (001-002-1261-2010) 2) Other Equipment (001-072-2110-9015) 3) Other Equipment (001-052-4140-9015) 4) Expendable Equipment (<$1,000) (001-052-4210-2035) $ 70,000.00 11,000.00 59,100.00 15,000.00 225 5) 6) Fund 7) Supplies-Trees 8) Program Activities 9) Transfer to Capital Projects Fund 10) Fees Mapping Project (Engineering) (001-052-4310-2002) Maintenance - General (001-052-4330-3050) (001-052-4340-3004) (001-052-7110-2066) (001-004-9310-9508) Reserved for CMERP - (001-3323) (008-052-9549 -9003) (008-052-9595-9003) City 11) Appropriated from General Revenue 12) Appropriated from General Revenue 13) Appropriated from General Revenue (008-052-9560-9003) 40,000.00 10,000.00 20,000.00 35,000.00 110,000.00 (370,100.00) 40,000.00 50,000.00 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34054-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 226 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riafions Fifth District Employment and Training Consortium FY99 Welfare-To-Work (1-23) ............................ Other Jurisdictional Contributions (24-29) ............. One Stop Career Center (30-32) ...................... $1,766,201.00 508,011.00 11,128.00 10,000.00 Revenue Fifth District Employment and Training Consortium FY99 $1,766,201.00 Welfare-To-Work (33) .............................. 508,011.00 Other Jurisdictional Contributions (34~ ............... 11,t 28.00 One Stop Career Center (35) ......................... 10,000.00 1) Temporary Employee Wages 2) Wages 3) Fringes 4) Travel 5) Communications 6) Supplies 7) Insurance 8) Leases 9) Equipment 10) Miscellaneous 11) Wages 12) Fringes 13) Travel 14) Communications 15) Supplies 16) Insurance 17) Leases 18) Equipment 19) Miscellaneous 20) Support Services 21) Individual Referral 22) On-The-Job Training (034-054-9993-8049) (034-054-9993-8050) (034-054-9993-8051) (034-054-9993-8052) (034-054-9993-8053 ) (034-054-9993-8055) (034-054-9993-8056) (034-054-9993-8058) (034-054-9993-8059) (034-054-9993-8060) (034-054-9993-8350) (034-054-9993-8351) (034-094-9993-8352) (034-054-9993-8353) (034-054-9993-8355) (034-054-9993-8356) (034-054-9993-8358) (034-054-9993-8359) (034-054-9993-8060) (034-054-9993-8461) (034-054-9993-8500) (034-054-9993-8501) $ 75,950.00 4,000.00 1,200.00 3,750.00 1,400.00 1,500.00 700.00 15,000.00 24,750.00 2,100.00 8,650.00 2,160.00 1,000.00 1,000.00 500.00 500.00 5,000.00 3,500.00 1,351.00 123,000.00 110,000.00 21,000.00 227 23) Subsidized Wages 24) Wages 25) Fringes 26) Communications 27) Supplies 28) Insurance 29) Miscellaneous 30) Contractual Services 31) Travel/Training 32) Miscellaneous 33) Welfare-To-Work 34) Other Jurisdictional Contributions 35) One-Stop Career Center (034-054-9993-8502) (034-054-9980-8350) (034-054-9980-8351) (034-054-9980-8353) (034-054-9980-8355) (034-054-9980-8356) (034-054-9980-8360) (034-054-9973-8057) (034-054-9973-8352) (034-054-9973-8360) (034-054-9993-9993) (034-034-9980-9980) (034-054-9973-9973) $ 100,000.00 800.00 225.00 100.00 1,000.00 4,000.00 5,003.00 6,000.00 2,000.00 2,000.00 508,011.00 11,128.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34055-110298. AN ORDINANCE amending and reordaining subsection (c) of §22.1-44, Normal service retirement~ and subsection (b) of §22.1-45, Early service retirement allowance, and §22.1-46, Vested allowance, by the addition of a new subsection (c), Code of the City of Roanoke (1979, as amended; the amended and added subsections providing for utilization of a multiplier of two and one-tenth (2.1) percent for each year of creditable service subject to a maximum of sixty-three (63) percent of average final compensation and establishing special rules for determination of the multiplier for persons eligible for early service retirement allowance; and providing for an effective date of January 1, 1999. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (c) of §22.1-44, Normal service retirement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §22.1-44. Normal service retirement. (c) Amount of benefit on or afler normal retirement age. The retirement allowance shall be two and one- tenth (2.1) percent of the member's average final compensation for each year of creditable service subject to a maximum of sixty-three (63) percent of average final compensation. 2. Subsection (b) of §22.1-45, Early service retirement allowance-, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §22.1-45. (b) Early service retirement allowance. Amount of early retirement benefit. The retirement allowance shall be two and one-tenth (2.1) percent of the member's average final compensation for each year of creditable service subject to a maximum of sixty-three (63) percent of average final compensation. This retirement allowance may be deferred until the date when the member first 229 actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service and becomes payable without further adjustment. If the member elects payment to begin prior to the age at which he actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service, then the benefit is reduced taking into account the number of months by which actual payment precedes the date the member actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service. Only creditable service and average final compensation upon date of termination of employment will be used in the computation of the retirement allowance. The pension commencing immediately shall be equal to the deferred pension reduced by one-half (%) of one (1) percent for each of the first sixty (60) such months by which actual payment precedes the date the member first actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service and one-quarter (1/4) of one (1) percent for each additional month in excess of sixty (60) months by which actual payment precedes the date the member first actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service. 3. Section 22.1-46, Vested allowance, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new subsection (c) to read and provide as follows: §22.1-46. Vested allowance. (c) Applicability of multiplier. Any member entitled to a vested allowance who ceased to be an employee of the City prior to January 1, 1999, shall have his vested allowance calculated pursuant to §§22.1-44 and 22.1-45 as such sections existed prior to January 1, 1999 (utilizing a multiplier of two (2.0) percent for each year of creditable service). Any member entitled to a vested allowance who ceases to be an employee of the City on or after January 1, 1999, and who meets the condition established by 230 4 January 1, 1999. §22.1-12(1) shall have his vested allowance calculated pursuant to §§22.1-44 and 22.1-45 as such sections exist on and after January 1, 1999 (utilizing a multiplier of two and one-tenth (2.1) percent for each year of creditable service). This ordinance shall be in full force and effect on and after ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34056-110298. AN ORDINANCE amending and reordaining-§22.1-3, M~iJzeJ:~!~ _aenerally, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c3) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 22.1-3, Membershir~ cjenerally, Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of a new subsection (c3) as follows: §22.1-3. Membershi_r) _=enerally. (c3) Members of the ERS who are employees of the City on December 1, 1998, and who wish to transfer to the ESRS and cease participation in the ERS may do so by properly 231 completing and filing a Letter of Intent to Transfer between December 1, 1998, and December 31, 1998, inclusive. A member may revoke his Letter of Intent to Transfer within twenty-eight (28) days of its filing by making a written revocation request to the Board of Trustees. Each Letter of Intent to Transfer must be made in writing on forms supplied by the Board of Trustees and must be properly filed with the Board. Unless a member revokes his Letter of Intent to Transfer within twenty-eight (28) days after the date of its filing, the transfer shall be effective twenty-nine (29) days after the date it is received by the Board of Trustees. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34057-110298. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.301, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; 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 232 WHEREAS, a public hearing was held by City Council on said application at its meeting on October 19, 1998, after due and timely notice thereof as required by §36.t-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. 301 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land located on the east side of Kimball Avenue, N.E., and designated on Sheet No. 301 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3010101, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, pursuant to the Petition filed in the Office of the City Clerk on August 6, 1998, and that Sheet No. 301 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34058-110298. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. 233 WHEREAS, the City of Roanoke Redevelopment and Housing Authority 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 October 19, 1998, 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 portion of McDowell Avenue, N.E., extending east from Kimball Avenue, N.E., as the same lies and extends from Kimball Avenue, N.E., between Official Tax Nos. 3030101 and 3030201, to a dead end at the Norfolk and Western Railway right-of-way, 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, 234 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 for 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 applicant, and the name of any other party in interest who may so request, as Grantee, 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 Engineer shall, upon receiving the afore-mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. 235 BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34059-110298. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Gordon M. and Helen Jones have 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 October 19, 1998, 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 236 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 alley running parallel to 19th Street, N.E., between 1910 and 1912 Eastgate Avenue, N.E., bearing Official Tax Nos. 3341031 and 3341032, respectively, 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 for 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 237 applicant, and the name of any other party in interest who may so request, as Grantee, 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 Engineer shall, upon receiving the afore-mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34060-110298. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. 238 WHEREAS, Innotech, Incorporated 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 October 19, 1998, 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 portion of Ferndale Drive bounded on the west by property identified as Official Tax No. 6460103, on the north by property identified as Official Tax No. 6460101, and on the east by property identified as Official Tax Nos. 6460101 and 6460106. 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, 239 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 closure of the subject right-of-way is conditioned upon the dedication by the applicant of a 50-foot wide strip of land along the easterly boundary of Official Tax No. 6460101 for a public right-of-way, on a location acceptable to the Agent for the Planning Commission, and the construction of a public street within the said right-of-way in accordance with all applicable City of Roanoke and Virginia Department of Transportation requirements. BE IT FURTHER ORDAINED that closure of the subject right-of-way is conditioned upon the applicant submitting to the Agent for the Planning Commission, receiving all required approvals of, and recording 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, dedicating the right-of-way referenced above to the City of Roanoke as set forth in, and under such terms as set forth in, the Planning Commission's report dated October 19, 1998, to this Council, and retaining appropriate easements, together with the right of public passage 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 for the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the name of any other party in interest who may so request, as Grantee, 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, in the Deed Books of 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. 240 BE IT FURTHER ORDAINED that the City Engineer shall, upon receiving the afore-mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of two (2) years 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34061-110298. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 646, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Innotech, Incorporated 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 LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and 241 WHEREAS, a public hearing was held by City Council on said application at its meeting on October 19, 1998, 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. 646 of the Sectional t976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land at or near the northern terminus of Ferndale Drive, N.W., and abutting the western boundary of Interstate route 581, and designated on Sheet No. 646 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6460101 and 6460106, be, and are hereby rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, as requested in the Amended Petition to Rezone filed in the Office of the City Clerk on October 7, 1998, and all other proffers previously placed on the subject property, including those placed on the property by Ordinance No. 26999, adopted May 21, 1984, and Ordinance No. 28612, adopted on April 27, 1987, shall be removed from the subject property upon the effective date of the rezoning of this proprty, and that Sheet No. 646 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 242 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34062-110298. AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property identified as Official Tax No. 1370201 located in Fishburn Park to Bell Atlantic -Virginia, Inc., upon certain terms and conditions. WHEREAS, a public hearing was held on October 19, 1998 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 an easement to Bell Atlantic - Virginia, Inc., across City- owned property located in Fishburn Park, bearing Official Tax No. 1370201, for the purpose of relocating their underground conduit in connection with the Brambleton Avenue Bridge Project, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated October 7, 1998. APPROVED ATTEST: Mary F. Parker C'~)- Davi~'-A~ ~owers~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34063-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. 243 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riations CDBG - Other Projects Neighborhood CDBG Projects - FY95 (1) ............. Neighborhood CDBG Projects - FY96 (2) ............. Neighborhood CDBG Projects - FY97 (3) ............. Neighborhood CDBG Projects - FY99 (4) ............. $ 2,858,973.00 259,006.00 329,943.00 97,615.00 338,666.00 Unprogrammed CDBG Unprogrammed CDBG FY95 (5) ..................... Unprogrammed CDBG FY96 (6) ..................... Unprogrammed CDBG FY97 (7) ..................... Unprogrammed CDBG FY99 (8) ..................... $ 285,105.00 45,446.00 0.00 42,259.00 4,628.00 1) Henry Street Improvements 2) Henry Street Improvements 3) Henry Street Improvements 4) Henry Street Improvements 5) Other Unprogrammed CDBG 6) Other Unprogrammed CDBG 7) Other Unprogrammed CDBG 8) Contingency (035-094-9437-5151) $ (035-095-9537-5151) (035-097-9737-5151) (035-099-9937-5151) (035-094-9440-5189) (035-095-9540-5189) (035-097-9740-5189) (035-099-9940-5300) 37,629.OO 34,001.00 13,268.00 61,502.00 (37,629.00) (34,001.00) (13,268.00) (61,502.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 244 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34064-110298. A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, and to execute documents in connection with said amendment; and authorizing execution of Amendment No. 3 to the Agreement with the Roanoke Neighborhood Development Corporation. 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; WHEREAS, these programs are outlined each year as an Annual Update to the Five Year Consolidated Plan; WHEREAS, City Council approved the FY 1997-98 Annual Update on October 6, 1997, by Resolution No. 33604-100697; WHEREAS, a Redevelopment Plan for the Gainsboro Community Development Program Area ("Redevelopment Plan") was approved by the City Council on January 10, 1972; WHEREAS, the existing Community Development Block Grant agreement with Roanoke Neighborhood Development Corporation ("RNDC") provides funding through October 31, 1998 for the RNDC to receive technical assistance from the F.A. Johnson Consulting Group to increase its capacity to carry out eligible neighborhood revitalization activities and to conduct program evaluation and implementation analysis for future community development activities; and WHEREAS, to add additional CDBG funds in order for RNDC to receive technical assistance from F. A. Johnson Consulting Group for RNDC's future community development activities, the City must amend its Agreement with the RNDC and amend its Annual Update with HUD. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, after the required citizen review, provided there are no 245 compelling objections to the Amendment, and to execute the appropriate documents in connection with HUD for said amendment, said documents to be approved as to form by the City Attorney, all in accordance with the City Manager's report dated November 2, 1998, to this Council. 2. The City Manager or his designee is hereby authorized, for and on behalf of the City, to execute Amendment No. 3 to the Agreement with the Roanoke Neighborhood Development Corporation ("RNDC") to allow the agency to proceed with the additional work as identified in the City Manager's report dated November 2, 1998, to this Council, said Amendment to be in form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34065-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A0pro_oriations CDBG - Housing Housing - FY95 (1) ............................... Housing - FY98 (2) ............................... $ 3,428,128.00 503,968.00 490,194.00 246 Unprogrammed CDBG Unprogrammed CDBG - FY95 (3) ................... Unprogrammed CDBG - FY98 (4) ................... $ 371,505.00 81,124.00 134,723.00 1) LoudonlMelrose Rebuilding 2) LoudonlMelrose Rebuilding 3) Other Unprogrammed CDBG 4) Contingency (035-094-9420-5071) $ (035-098-9820-5071) (035-094-9440-5189) (035-098-9820-5300) 1,951.00 58,049.00 (1,951.00) (58,049.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34066-110298. A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, and to execute documents in connection with said amendment; and authorizing execution of a Subgrant Agreement with the Blue Ridge Housing Development Corporation (BRHDC). 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; WHEREAS, these programs are outlined each year as an Annual Update to the Five Year Consolidated Plan; 247 WHEREAS, City Council approved the FY 1998-99 Annual Update on May 11, 1998, by Resolution No. 33830-0511298; and WHEREAS, the request of Blue Ridge Housing Development Corporation (BRHDC), for approval of additional funding for the Loudon-Melrose Community Rebuilding Initiative project, as a result of the recent partnering with Habitat for Humanity in the Roanoke Valley, Inc., was referred to this Council by report of the City Manager dated November 2, 1998. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, after the required citizen review, provided there are no compelling objections to the Amendment, and to execute the appropriate documents in connection with HUD for said amendment, said documents to be approved as to form by the City Attorney, all in accordance with the City Manager's report dated November 2, 1998. 2. The City Manager or his designee, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an Agreement with the Blue Ridge Housing Development Corporation (BRHDC), for funding of the Loudon-Melrose Community Rebuilding Initiative project, upon certain terms and conditions as set out in the City Manager's report dated November 2, 1998, said agreement to be in form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34067-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriation$ Traffic Engineering Traffic Signals - General (1) ...................... $ 2,408,764.00 744,553.00 Capital Improvement Reserve $13,588,540.00 Capital Improvement Reserve (2) ................. 449,609.00 1) Appropriated from General Revenue (008-062-9560-9003) $ 25,000.00 2) Streets and Bridges (008-052-9575-9181) (25,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 249 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34068-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap~ro_~riations Public Safety $1,632,663.00 Fire Program FY99 (1-5) .......................... 126,709.00 Revenue Public Safety $1,632,663.00 Fire Program FY99 (6) ............................ 126,709.00 1) Training and Development 2) Wearing Apparel 3) Recruiting 4) Other Equipment 5) Regional Fire Training Academy 6) State Grant Receipts (03S-0S0-3229-2044) (03S-0S0-3229-2064) (035-0S0-3229-2065) (035-050-3229-9015) (035-050-3229-9073) (035-050-3229-3229) $ 21,000.00 25,959.00 7,500.00 12,260.00 60,000.00 126,709.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. P~rker City Clerk APPROVED Davi'~ Mayor 250 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34069-110298. A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs 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 Commonwealth of Virginia's Department of Fire Programs of a Fire Program Fund grant in the amount of $126,709 such grant being more particularly described in the report of the City Manager, dated November 2, 1998, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant 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 Commonwealth. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34070-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects and Debt Service 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. 251 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects and Debt Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund ADDroDriations General Government $16,670,453.00 Regional Fire - EMS Training Center (1) ............ 837,845.00 Debt Service Fund ADDro_oriations Transfers to Other Funds (2) ....................... $ 727,845.00 Fund Balance Reserved for Fund Balance - Unappropriated (3) ....... $10,608,658.00 1) Appropriated from General Revenue (008-052-9718-9003) 2) Transfer to Capital Projects Fund (012-004-8700-2408) 3) Reserved for Fund Balance-Unappropriated (012-3325) $ 837,845.00 727,845.00 (727,845.00) 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 252 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34071-110298. AN ORDINANCE authorizing an agreement with the County of Roanoke, the City of Salem, and the Town of Vinton, to provide for construction of a regional fire-EMS training facility on property owned by the County upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke, the City of Salem, and the Town of Vinton whereby all parties agree to establish a regional fire- EMS training facility on property owned by and located in the County of Roanoke. 2. The agreement, which shall provide that the facility will be for the use of the City of Roanoke, the County of Roanoke, the City of Salem and the Town of Vinton, shall contain such other terms and conditions deemed necessary by the City Manager. The form of the agreement shall be approved by the City Attorney and will be substantially as set forth in the attachment to the City Manager's report dated November 2, 1998. 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 David A. Bowers Mayor 253 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34072-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation $ 1,780,783.00 Franklin Square Park (1) ......................... 15,000.00 Capital Improvement Reserve $13,668,540.00 Public Improvement Bonds - Series 2000 (2) ......... ( 881,348.00) 1) Appropriated from Bond Funds (008-052-9705-9001) $ 15,000.00 2) Parks (008-052-9709-9180) (15,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34073-110298. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing in connection with the Franklin Square Park Project; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself $15,000 appropriated by an ordinance simultaneously adopted by the City Council on November 2, 1998, for certain expenditures to be made for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing in connection with the Franklin Square Park Project from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498- 072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Franklin Square Park Project is $150,000. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 255 adoption. This Resolution shall be effective on and after the date of its ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34074-110298. A RESOLUTION accepting bids made to the City for furnishing and delivering vehicles 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: Item Quantity and Description Successful Bidder Total Purchase Number Price I 2 new 314 ton extended cab, 4-wheel drive pickup trucks Magic City Motor Corporation $45,050.00 2 I new 112 ton extended cab, 4-wheel drive pickup truck Magic City Motor Corporation. $23,045.00 3 I new I ton pickup cab/chassis Pinkerton Chevrolet, Inc. $16,749.51 4 1 new utility body General Truck Body Company $2,995.00 5 1 new 112 ton extended cab pickup truck Berglund-Ford, Inc. $20,497.45 6 I new 314 ton 4-wheel drive pickup truck Berglund-Ford, Inc. $20,323.65 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said 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. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34076-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~roDriations Recreation $ 2,397,744.00 Railside Linear Walk Phase II (1) ................... 631,961.00 Capital Improvement Reserve $13,051,579.00 Public Improvement Bonds - Series 1996 (2) ......... 3,901,366.00 1) Appropriated from Bond Funds (008-052-9717-9001) $ 631,961.00 2) Parks (008-052-9701-9180) (631,961.00) 257 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34077-110298. AN ORDINANCE accepting the bid of H. & S. Construction Company for construction of Phase II (also know as Phase lB) - Railside Linear Walk, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company, in the total amount of $574,960.90, for construction of Phase II (also known as Phase lB) - Railside Linear Walk, as is more particularly set forth in the City Manager's report dated November 2, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid 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. 258 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34078-110298. A RESOLUTION reappointing 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 Dennis R. Cronk as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1998; WHEREAS, §15.1-1377 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. 259 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Dennis R. Cronk is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 1998, and expiring on October 20, 2002, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34075-111698. AN ORDINANCE amending and rsordaining the definition of "creditable service", as set out in §22.1-2, Definitions, and amending and reordaining subsection (a) of §22.1-52, Lum_o sums, Code of the City of Roanoke (1979), as amended, to provide for a maximum retirement allowance of sixty-three (63) percent and to conform the lump sum distribution rule to the provisions of the Internal Revenue Code of 1986, as amended; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The definition of "creditable service" as set out in §22.1-2, Definitions, Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: §22.1-2. Definitions. Creditable service shall mean membership service plus prior service. For a member who has unused extended illness leave pursuant to section 2-55 of this Code and the regulations established by the city manager pursuant to section 2-53(b) and section 2-55(a) of this Code, 260 seventy-five (75) percent of such member's unused extended illness leave balance upon the date of retirement shall be converted to creditable service not to exceed one (1) year of creditable service; provided no member shall use conversion of extended illness leave to meet vesting requirements of ESRS or ERS, and no retirement allowance for any member converting extended illness to creditable service shall exceed sixty-three (63) percent of average final compensation. 2. Subsection (a) of §22.1-52, I.U~]D._~JI]i~, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §22.1-52. Lum_~ sums. (a) Monthly benefits of fifty dollars ($50.00) or less shall be paid in the form of lump sums. Except as provided in subsection (c), monthly benefits of more than fifty dollars ($50.00) shall not be paid in the form of a lump sum. Notwithstanding the above, monthly benefits of fifty dollars ($50.00) or less whose lump sum value is above the amount as shall be from time to time established by ~411(a)(11), Internal Revenue Code of 1986, as amended, shall require member consent before a lump sum is paid. Any beneficiary shall be required to receive a lump sum distribution of the amount as shall be from time to time established by ~411(a)(11), Internal Revenue Code of 1986, as amended, or less. ATTEST: City Clerk This ordinance shall be in full force and effect on January 1, 1999. APPROVED Mayor 261 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34079-111698. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the Stats Litsrary Fund for modernizing Hurt Park Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 16th day of November, 1998, presentsd to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $1,250,000.00, for adding to and improving the present school building at Hurt Park Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $1,250,000.00 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. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 262 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34080-111698. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Hurt Park Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The school board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $1,250,000.00 for the cost of adding to and improving the present school building at Hurt Park Elementary School ("the Project"). 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be issued for the Project is $1,250,000.00. §1.150-2. m This is a declaration of official intent under Treasury Regulation 4. The City Clerk is directed to make a copy of this resolution available for public inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty (30) days from the date hereof until the date of issuance of the debt from the proceeds of which the expenditures for the project are to be reimbursed. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor mmmmm~mmmmmmmmmm 263 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34081-111698, AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: $¢h0¢1 Fund Appropriations Education $ 126,521,708.00 Instruction (1-2) ................................ 68,009,923.00 Transportation (3) .............................. 3,285,911.00 Facilities (4-7) ................................. 1,312,163.00 Learn and Serve Program (8) ..................... 10,000.00 Revenue Education $ 125,011,733.00 Learn and Serve Program (9) ..................... 10,000.00 Fund Balance Reserved for CMERP - Schools (10) ............... $ 797,177.00 School Capital Projects Fund Appropriations Education $ 40,296,801.00 Huff Lane School (11-12) ........................ 2,341,700.00 Addison Middle School (13) ..................... 10,468,754.00 264 Capital Improvement Reserve Public Improvement Bonds - Series 2000 ........... Revenue Due from State - VPSA Bonds - Huff Lane School (15) 1) Payments to Parents in Lieu of Transportation 2) Payments to Parents in Lieu of Transportation 3) Compensation of Bus Drivers 4) Machinery and Equipment 5) Machinery and Equipment 6) Vehicles 7) Buildings 8) Other Professional Services (030-060-6001-6029-0344) (030-060-6001-6129-0344) (030-060-6003-6676-0171) (030-060-6006-6109-0821 ) (030-060-6006-6681-0821) (030-060-6006-6683-0824) (030-060-6006-6896-0851) (030-060-6988-6100-0313) 9) Federal Grant Funds (030-060-6988-1102) 10) Reserved for CMERP - (030-3324) Schools 11) Appropriated from Bond Funds 12) Appropriated from VPSA Bonds 13) Appropriated from Bond Funds 14) Education 15) Due from State - VPSA Bonds (031-060-6089-9001) (031-060-6089-9006) (031-060-6090-6896-9001 ) (031-060-9709-9182) (031-1325) $ (12,055,200.00) (2,861,888.00) $ 358,300.00 $ (32,500.00) (32,500.00) 65,000.00 1,049.00 8,665.00 15,528.00 71,374.00 10,000.00 10,000.00 (96,606.00) (333,300.00) 358,300.00 74,179.00 259,121.00 368,300.00 265 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 16th day of November, 1998. No. 34082-111698. A RESOLUTION endorsing Virginia's First Regional Industrial Facility Authority's application for Virginia Industrial Site Development funds. WHEREAS, the Virginia Industrial Site Development Fund was passed by the 1998 General Assembly; and WHEREAS, the objectives of the Fund are: to assist in the development of publicly owned, marketable regional industrial sites; to strengthen the capacities of distressed communities to stimulate and promote economic development activity; to encourage the development of regional cooperation and marketing concepts for economic development purpose; and to increase Virginia's total industrial site inventory; and WHEREAS, the Department of Housing and Community Development has prepared program guidelines for the Virginia Industrial Site Development Fund; and WHEREAS, the General Assembly has provided $3 million in State financial assistance to distressed communities to assist with the development of regional industrial sites; and WHEREAS, the legislation gives "preference to regional sites (two or more localities), sites purchased or placed under option and engineering study contracted for or completed;" and 266 WHEREAS, the 1997 Virginia General Assembly adopted the Virginia Regional Industrial Facilities Act; and WHEREAS, the Act provided localities in the New River Valley and the Fifth Planning Districts a legislative mechanism to enhance the economic base of this region by allowing local governments to jointly develop, own and operate one or more industrial facilities on a cooperative basis; and WHEREAS, the Act provided that participating localities could share the revenue generated from a cooperative regional industrial facility; and WHEREAS, Virginia's First Regional Industrial Facility Authority formed in 1998 in response to the Virginia Regional Industrial Facilities Act; and WHEREAS, the counties of Bland, Craig, Giles, Montgomery, Pulaski, Roanoke, and Wythe, the cities of Radford, Roanoke, and Salem, and the towns of Pulaski, Dublin, Narrows, Pearisburg, and Christiansburg are the members of Virginia's First Regional Industrial Facility Authority; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby support the Authority's application for $1.375 million from Virginia Industrial Site Development Funds for construction of the New River Valley Commerce Park. 2. The City of Roanoke understands that the remaining $7,464,089 construction costs will come from: $500,000 ARC (application submitted), $4,139,089 from certain participating localities; $460,000 VDOT, and $1 million EDA. 3. W. Robert Herbert is the chief administrative official for the City of Roanoke and is hereby authorized to sing and submit, together with the chief administrative officials of the other participating jurisdictions, all appropriate information and documents, necessary for Virginia's First Regional Industrial Authority to apply for VlSDF funds, all as more fully set forth in the report to this Council dated November 16, 1998. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 267 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34083-111698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations General Government $ 16,944,808.00 Jefferson Center Performance Hall (1) ............ 400,000.00 Fund Balance Reserved Fund Balance - Unappropriated (2) ........ $ 2,897,876.00 1) Appropriated from General Revenue (008-052-9720-9003) $ 400,000.00 2) Reserved Fund Balance - Unappropriated (008-3325) (400,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34084-111698. AN ORDINANCE authorizing a certain contract to be entered into between the City of Roanoke and Jefferson Center Foundation, Ltd., relating to the terms and conditions of City Council's provision of certain funds to be utilized in renovation of a portion of the City-owned former Jefferson High School Building, referred to as the Jefferson Center Performance Hall; and providing for an emergency. WHEREAS, Jefferson Center Foundation, Ltd. (JCF) is desirous of renovating additional portions of the City-owned former Jefferson High School Building (Jefferson Center) and has requested that City Council provide certain funds to JCF for this purpose; and WHEREAS, City Council has previously committed itself to provide $2,000,000 in funding for such project; and WHEREAS, City Council intends to appropriate certain funds to JCF pursuant to the terms and conditions of an agreement intended to protect the public's interests with respect to the proposed renovation work in the City-owned Jefferson Center, and such terms and conditions are set out in the agreement authorized by this ordinance; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, a written agreement between the City and JCF providing for the terms and conditions of City Council's provision to JCF of funding in an amount not to exceed, without further authorization of Council, $2,000,000 of which $400,000 is being appropriated simultaneously herewith, for the renovation of the Performance Hall in the City-owned Jefferson Center. 2. Such agreement shall provide that the City shall have no liability or obligation with respect to operating or maintenance costs of the Jefferson Center; that the plans for such project will be approved by the City; and that any construction shall be procured pursuant to the Virginia Public Procurement Act and the City of Roanoke Procurement Code. Such agreement shall contain such other terms and conditions as are more particularly described in the report of the City 269 Manager to this Council, dated November 16, 1998, a copy of which is on file in the Office of the City Clerk, and the form of the agreement shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34085-111698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations Other Infrastructure $ 21,254,684.00 Roanoke River Flood Reduction (1) ................. 4,659,139.00 1) Appropriated from General Revenue (008-052-9620-9003) $808,000.00 270 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34086-t 11698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~pro_~riations Health and Welfare $ 4,310,987.00 Rehabilitative Services Incentive Fund 98-99 (1) ........46,352.00 Revenue Health and Welfare Rehabilitative Services Incentive Fund 98-99 (2) ........ 1) Fees for Professional Services (035-054-5197-2010) 2) Rehabilitative Services Incentive Fund (035-054-5197-5197) $46,352.00 46,352.00 $ 4,310,987.00 46,352.00 271 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34087-111698. A RESOLUTION authorizing the acceptance of a grant from the Department of Criminal Justice Services to provide funding for the Community- Family Counseling Center and System Analysis Program with the City's Office on Youth; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Department of Criminal Justice Services grant to provide funding for the Community-Family Counseling Center and System Analysis Program with the City's Office on Youth as set out and described in the City's application for said grant, and as more particularly set forth in the November 16, 1998, report of the City Manager to this Council. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, James D. Ritchie, and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all ancillary documents required to accept the grant, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant. Said documents to be approved as to form by the City Attorney. 272 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the grant. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34088-111698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_D_Dro_~riati~n$ Nondepartmental $59,604,174.00 Transfers to Other Funds (1) ....................... 58,791,630.00 Fund Balance Reserved Fund Balance $ 6,088,328.00 Reserve for Self-Insured Claims (2) .................. 0.00 273 Risk Manaaement Fund Revenues Nonoperating $ 535,523.00 Transfers from Other Funds (3) ..................... 250,000.00 Retained Earninas Reserved for Self.Insured Claims (4) .................. $ 1,672,616.00 1) Transfer to Risk Management Fund 2) Reserve for Self- Insured Claims 3) Transfer from General Fund 4) Reserve for Self- Insured Claims (001-004-9310-9529) (001-3327) (019-020-1234-1037) (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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34089-111698. A RESOLUTION approving a plan for financing the City's share of the costs of a Regional Fire-EMS Training Center. 274 WHEREAS, there is a need for a Regional Fire-EMS Training Center ("Center") consisting of classroom, auditorium and suppprt offices with approximately 15,000 square feet of space, and the proposed Center has an estimated cost of $1.9 million; WHEREAS, the City of Roanoke, Roanoke County, City of Salem and Town of Vinton have developed a proposal to jointly finance, construct and operate the Center; WHEREAS, by ordinance adopted on November 2, 1998, this Council approved an agreement with Roanoke County, the City of Salem and the Town of Vinton whereby all parties agree to establish the Center on property owned by and located in Roanoke County; WHEREAS, through the Department of Fire Programs, the Commonwealth of Virginia allocates funds to localities for improving their fire departments, and such funds may be used to construct, improve and expand regional fire service training facilities; $837,845; WHEREAS, the City's share of the cost of the proposed Center is WHEREAS, the City has $110,000 available through current and prior year Fire Program Fund grant funding to apply to this project; WHEREAS, the remaining $727,845 will be funded from current working capital and reimbursed at $60,000 per year from Fire ProgramGrant funding using an amortization schedule determined by the Director of Finance; and WHEREAS, this Council desires to approve the financing of the City's share of the cost of this Project as recommended by the City Manager and Director of Finance; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council approves the amortization table attached to the City Manager's report of November 2, 1998, requiring repayment of the remaining $727,845 advanced from current working capital at $60,000 per year over nineteen years with a final payment of $7,232.22 in the twentieth year. 275 2. It is the intent of this Council that the annual payments required for amortization shall be funded by the Fire Program Fund to the extent such funds are available. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34090-111698. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_~=ro_oriations Nondepartmental $ 59,501,324.00 Transfers to Other Funds (1) ....................... 58,686,030.00 Fund Balance Reserved for CMERP - City (2) ...................... $ 3,243,819.00 Canital Pro_iects Fund 276 A_DproDriation~ Other Infrastructure $ 2t,399,084.00 Salt Storage Building (3) .......................... 144,400.00 1) Transfer to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-0S2-9668-9003) $144,400.00 (144,400.00) 144,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34091-111698. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated, for construction of a salt storage building at the Public Works Service Center, 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 Construction Services of Roanoke, Incorporated, in the total amount of $131,400 for construction of a salt storage building at the Public Works Service Center as more particularly set forth in the City Manager's report 277 dated November 16, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34092-1t1698. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1999 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; 278 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 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 be report, dated November 2, t998, recommended to Council a Legislative Program on behalf of the City to be presented at the 1999 Session of the General Assembly; WHEREAS, the Roanoke City School Board approved its Legislative Program for the 1999 Session at the School Board meeting of November t0, 1998, and the Board recommends this Program to City Council for inclusion in a joint Legislative Program on behalf of City Council and the School Board; and WHEREAS, the Council is desirous of formally adopting the City and School Board elements to be merged into a joint Legislative Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City portion of the Legislative Program recommended by report of the Legislative Committee, dated November 2, 1998, and the School Board portion of the Legislative Program approved at the School Board meeting of November 10, 1998, are hereby endorsed and adopted by this Council, and the City Attorney is directed to merge the two Programs into a joint Legislative Program to be advocated at the 1999 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 1999 Session of the General Assembly to attend Council's annual legislative meeting to be held at 12:15 p.m., on December 7, 1998. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34093-111698. A RESOLUTION supporting tax exemption of certain property in the City of Roanoke owned by Melrose/Rugby Neighborhood Forum, Inc. and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, Melrose/Rugby Neighborhood Forum, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1999 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuan~ to Article X, §6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect .to the Applicant's petition was held by Council on November 16, 1998; WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2221501, commonly known as 1730 Orange Avenue, N.W., and owned by the Applicant (the "Property"), providing the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 1999 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1999 Session of the General Assembly whereby Melrose/Rugby Neighborhood Forum, 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, 280 and whereby certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2221501, commonly known as 1730 Orange Avenue, N.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 1999 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 $25,900.00, representing a real property tax liability of $315.98 for the 1998-99 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to Mrs. Estelle H. McCadden, President, of Melrose/Rugby Neighborhood Forum, 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 David A. Bowers Mayor 281 ACCEPTED, AGREED Neighborhood Forum, Inc., this ~ TO and EXECUTED by Melrose/Rugby day of ,19 MELROSE/RUGBY NEIGHBORHOOD FORUM, INC. By. .(SEAL) Title IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 1998. No. 34094-111698. A RESOLUTION supporting tax exemption of certain property in the City of Roanoke owned by Blue Ridge Housing Development Corporation and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, Blue Ridge Housing Development Corporation, (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1999 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 16, 1998; WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any buildings located thereon, identified by Roanoke City Tax Map No. 2110105, commonly known as 510 Eleventh Street, N.W., and owned by the Applicant (the "Property"), providing the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph I to be introduced on behalf of the Applicant at the 1999 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount 282 equal to twenty percent (20%) of the City of Roanoke real estate tax levy for the Property, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1999 Session of the General Assembly whereby Blue Ridge Housing Development Corporation, 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 buildings located thereon, identified by Roanoke City Tax Map No. 2110105, commonly known as 510 Eleventh Street, N.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 1999 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 for the Property, which would be applicable to the Property were the Property not exempt from such taxation, for $o 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 $64,300.00, representing a real property tax liability of $784.46 for the 1998-99 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to Mr. Alvin Nash, President of Blue Ridge Housing Development Corporation. 283 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 David A. Bowers ._ Mayor ACCEPTED, AGREED Development Corporation, this TO and EXECUTED by Blue Ridge Housing day of ,19 . BLUE RIDGE HOUSING DEVELOPMENT CORPORATION By (SEAL) Title IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34095-120798. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 603, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Food Lion, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and 284 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 (t 979), 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 16, 1998, 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. 603 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land located on Shenandoah Avenue, N.W., and designated on Sheet No. 603 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6030107 and 6030108, be, and are hereby rezoned from RM-2, Residential Multifamily Medium Density District, to C-2, General Commercial District, subject to the proffers contained in the Amended Petition filed in the Office of the City Clerk on October 19, 1998, and that Sheet No. 603 of the Zone Map be changed in this respect. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34096-120798. AN ORDINANCE providing for the acquisition of additional property rights needed by the City in connection with the construction of the Roanoke River Interceptor Sewer Replacement Project; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; providing for conveyance to an entity related to the original owners upon completion of the project. WHEREAS, a public hearing was held on November 16, 1998 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. In connection with the construction of the Roanoke River Interceptor Sewer Replacement Project, the City wants and needs certain additional property interest, as more specifically set forth in the report to this Council dated November 16, 1998, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary interest, with appropriate ancillary rights with respect to the parcels. All requisite documents shall be upon form approved by the City Attorney. 2. Should the City be unable to agree with the owner of the real estate or should any owner be a person under a disability and lacking capacity to convey real estate 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. 3. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-119, et seq, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 286 4. The City Manager or the Assistant City Manager and the City Clerk or Deputy City Clerk are hereby authorized to execute, seal and attest, respectively, in form approved by the City Attorney, the necessary documents to convey the parcels more specifically set forth in the report to this Council dated November 16, 1998, on file in the Office of the City Clerk to an entity related to the original owners upon completion of the project. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, t998. No. 34097-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ro_~riations Public Safety $1,529,343.00 Jail Based Inebriate Intervention and Treatment (1-18) 87,973.00 Revenue Public Safety Jail Based Inebriate Intervention and Treatment (19) $1,529,343.00 87,973.00 287 1) Regular Salaries 2) Retirement 3) 4) 5) 6) 7) 8) 9) 10) 11) FICA Health Insurance Life Insurance W/C Medical Maintenance Contracts Fees for Professional Services Telephone Administrative Supplies Publications and Subscriptions (035-024-3320-1002) (035-024-3320-1115) (035-024-3320-1120) (035-024-3320-1125) (035-024-3320-1130) (035-024-3320-1140) (035-024-3320-2005) (035-024-3320-2010) (035-024-3320-2020) (035-024-3320-2030) (035-024-3320-2040) 12) Training and Development (035-024-3320-20~.~.) 13) Mileage 14) Printing 15) Postage 16) Project Supplies 17) Furniture and Equipment 18) Other Equipment 19) Jail Based Inebriate Intervention and Treatment (035-024-3320-2046) (035-024-3320-2075) (035-024-3320-2160) (035-024-3320-3005) (035-024-3320-9005) (035-024-3320-9015) (035-024-3320-3320) 15,525.00 2,018.00 1,187.00 1,225.00 112.00 42.00 250.00 43,285.00 180.00 750.00 350.00 735.00 650.00 250.00 175.00 845.00 3,250.00 17,144.00 87,973.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 288 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34098-120798. A RESOLUTION authorizing the acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services to implement a three year pilot program for institutional treatment of persons that violate interdiction orders and are sentenced to a term of incarceration in the Roanoke City Jail, and authorizing execution of any required documentation on behalf of the City by the City Manager. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Acceptance of a grant from the Commonwealth of Virginia Department of Criminal Justice Services in the amount of $87,973 for the first year of a three year pilot program providing institutional (jail-based) treatment for persons that violate interdiction orders and ara sentenced to a term of incarceration in the Roanoke City Jail is hereby authorized. 2. The City Manager or the Assistant 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 Commonwealth, all as more particularly set forth in the report of the City Manager, dated December 7, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 289 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34099-120798. A RESOLUTION authorizing execution of Amendment No. 1 to the Agreement between the City and the Virginia Museum of Transportation, Inc., dated December 13, 1995, providing for an extension of three years to allow additional time to complete Phases II and III of the renovation and improvements to Roanoke's Historic Freight Station. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 1 to the Agreement between the City and the Virginia Museum of Transportation, Inc., dated December 13, 1995, providing for an extension of three years to allow additional time to complete Phases II and III of the renovation and improvements to Roanoke's Historic Freight Station, as more particularly set out in the report to this Council dated December 7, 1998. Attorney. The amendment shall be approved as to form by the City APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34100-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. 290 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A=_~ro=riatiQn$ CDBG - Economic Development $ 4,790,028.00 Economic Development- FY99 (1) ................. 375,000.00 Revenue CDBG - FY99 Hotel Roanoke Section 108 Loan Repayment (2) ...... $ 2,742,728.00 400,000.00 1) Shenandoah Hotel Renovation 2) Hotel Roanoke Section 108 Loan Repayment (035-099-9930-5246) (03S-035-1234-9934) $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 Mayor 291 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34101-120798. A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, and to execute documents in connection with said amendment; and authorizing execution of an amendment to the Agreement with the Western Virginia Foundation for the Arts and Sciences. 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; WHEREAS, these programs are outlined each year as an Annual Update to the Five Year Consolidated Plan; WHEREAS, City Council approved the FY 1997-98 Annual Update on October 6, 1997, by Resolution No. 33604-100697; WHEREAS, Center-in-the-Square through the Western Virginia Foundation for the Arts and Sciences (WVFAS) a 501(c)(3) non-profit corporation is desiring to work in partnership with the City of Roanoke and Mill Mountain Theatre to renovate the Shenandoah Hotel for dormitory, classrooms, meeting areas and retail space on the ground level; and WHEREAS, in order to renovate the Shenandoah Hotel for these purposes, a substantial amendment is needed to the Annual Update with HUD as a result of the recent partnering of the WVFAS, the City and Mill Mountain Theatre. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, after the required citizen review, provided there are no compelling objections to the Amendment, and to submit and execute the appropriate documents with HUD for said Amendment, said documents to be approved as to form by the City Attorney, all in accordance with the City Manager's report dated December 7, 1998, to this Council. 292 2. The City Manager or his designee is hereby authorized, for and on behalf of the City, to execute a Subgrant Agreement with the Western Virginia Foundation for the Arts and Sciences to renovate the Shenandoah Hotel for dormitory, classrooms, meeting areas and retail space on the ground level, as identified in, and on such terms as are set forth in, the City Manager's report dated December 7, 1998, to this Council, said Subgrant Agreement to be in form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34102-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 t998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_D~ro_~riations Parks & Recreation $ 2,532,645.00 Mill Mountain Greenway (1) ........................ 110,000.00 Capital Improvement Reserve $ 12,819,478.00 Public Improvement Bonds Series 2000 (2~ .......... (1,041,348.00) 293 1) Appropriated from Bond Funds (008-052-9721-900t) $ 110,000.00 2) Parks (008-062-9709-9180) (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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34103-120798. A RESOLUTION authorizing a contract with LardnerlKlein Landscape Architects, P.C., for professional services for the engineering design of the Mill Mountain Greenway. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with LardnerlKlein Landscape Architects, P.C., in the amount of $89,436 for the engineering design of the Mill Mountain Greenway as described in the City Manager's report to this Council dated December 7, 1998. 294 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated December 7, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34104-120798. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the design of the Mill Mountain Greenway; 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 $110,000 appropriated by a resolution simultaneously adopted by the City Council on December 7, t998, for certain expenditures to be made in connection with the Mill Mountain Greenway from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of 295 the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Mill Mountain Greenway is $250,000 all as is more fully set forth in the December 7, 1998 report to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. adoption. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34106-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 296 ADDroDriatiorl~ Public Works Snow Removal (1) .............................. Fund Balance $ 24,254,704.00 223,571.00 Reserved for CMERP - City (2) ..................... $ 3,342,259.00 1) Chemicals (001-052-4t40-2045) $45,960.00 2) Reserved for CMERP - City (001-3323) (45,960.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, t998. No. 34107-120798. AN ORDINANCE accepting the bid of Cargill Salt, Inc., for deicing salt, 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 Cargill Salt, Inc., in the total amount of $45.96 per ton for deicing salt, as is more particularly set forth in the City Manager's report dated December 7, 1998, to this Council, such bid being in full compliance with the City's 297 plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34108-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General, Capital Projects and 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. 298 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General, Capital Projects and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Ap~ro_Driations General Government City Clerk (t) .................................... Personnel Management (2) ....................... Commissioner of the Revenue (3) .................. $11,337,546.00 361,863.00 861,331.00 970,048.00 Public Safety $40,420,936.00 Police - Patrol (4-5) ............................... 8,219,848.00 Fire - Operations (6) .............................. 10,560,043.00 Emergency Medical Services (7) ................... 1,865,354.00 Building Inspections (8) .......................... 981,482.00 Public Works Communications (9) .............................. Building Maintenance (10-11) ...................... Parks and Grounds Maintenance (12-14) ............. $24,364,172.00 2,277,048.00 3,338,277.00 4,587,448.00 Health and Welfare Social Services - Administration (15) ................ Social Services - Services (16) ..................... $24,034,827.00 748,593.00 7,191,344.00 Parks, Recreation and Cultural $ 4,392,666.00 Libraries (17) .................................... 2,160,028.00 Nondepartmental $60,395,102.00 Transfers to Other Funds (18-19) ................... 59,589,983.00 Fund Balance Reserved for CMERP - City (20) .................... $ 2,815,303.00 CaDitalPr~ecta Fund A_~_~ropriaf;ions General Government $16,649,808.00 299 Roanoke River Center - Phase I (21) ................ $ Municipal South Remodeling (22) .................. 30,000.00 152,200.00 Fleet Manangement Fund A_~_oro_oriations Fleet Management - Capital Outlay (23) .............. $ 2,859,092.00 Revenue Nonoperating (24) ................................. $ 118,953.00 1) Other Equipment 2) Other Equipment 3) Other Equipment 4) Expendable Equipment <$1,000 5) COPE Team 6) Other Equipment 7) Other Equipment 8) Expendable Equipment <$1,000 9) Other Equipment 10) Maintenance - 3rd Party Contract 11) Maintenance of Fixed Assets 12) Maintenance- Parks Facilities 13) Project Supplies 14) Other Equipment 15) Other Equipment 16) Expendable Equipment <$1,000 17) Other Equipment 18) Transfer to Capital Projects Fund 19) Transfer to Fleet Management Fund 20) Reserved for CMERP - City 21) Appropriated from General Revenue (001-001-1120-9015) (001-002-1261-9015) (001-022-1233-9015) (001-050-3113-2035) (001-050-3113-2061) (001-050-3213-9015) (001-050-3521-9015) (O01-OS2-3410-203S) (001-0S0-4130-9015) (001-052-4330-3056) (001-052-4330-3057) (001-052-4340-2049) (001-052-4340-3005) (001-052-4340-9015) (001-054-5311-9015) (001-054-5314-2035) (001-054-7310-9015) (001-004-9310-9508) (001-004-9310-9517) (001-3323) (008-052-9719-9003) $ 10,800.00 19,000.00 26,395.00 35,000.00 48,995.00 60,000.00 2,947.00 1,218.00 7,428.00 15,000.00 5,000.00 50,000.00 73,000.00 5,000.00 11,080.00 3,420.00 4,680.00 105,000.00 88,953.00 (572,916.00) 30,000.00 300 22) Appropriated from General Revenue 23) Other Equipment 24) Transfer from General Fund (008-052-9556-9003) (017-052-2642-9015) (017-020-1234-0951) $ 75,000.00 88,953.00 88,953.00 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 December, 1998. No. 34t 09-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oroDriations Public Works $ 24,330,520.00 Parks and Grounds Maintenance (1) ................ 4,581,224.00 301 Fund Balance Reserved for CMERP - City (2) ....................... $ 2,647,567.00 1) Other Equipment 2) Reserved for CMERP - City (001-052-4340-9015) (001-3323) $121,776.00 (121,776.00) 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 December, 1998. No. 34110-120798. A RESOLUTION accepting the bid of Miracle Recreational Equipment Company, cio Site Concepts, Inc., for the purchase of new playground equipment for use in four City parks, upon certain terms and conditions; and rejecting the other bids made for such equipment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Miracle Recreational Equipment Company, cio Site Concepts, Inc, for the purchase of new playground equipment for use in four (4) City parks, at a total cost of $101,776.00, is hereby ACCEPTED. o and directed to equipment. The City's Manager of Supply Management is hereby authorized issue any required purchase orders for the purchase of such 302 3. The other bids made to the City for the plaYground equipment are hereby REJECTED, and the City Clerk is directed to notify such bidder and to express the City's appreciation for such bid. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34111-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriati~)n~ Public Safety $1,644,663.00 DUI Enforcement - FY 99 (1-2) ...................... 12,000.00 Revenue Public Safety $1,644,663.00 DUI Enforement - FY 99 (3) ......................... 12,000.00 1) Overtime (035-050-3404-1003) $11,147.00 2) FICA (035-050-3404-1120) 853.00 3) DUI Enforcement- FY99 (035-050-3404-3404) 12,000.00 303 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34112-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~pro_~riations Health and Welfare $ 4,329,621.00 Medicaid Eligibility Worker 98-99 (1-6) ................29,986.00 Revenue Health and Welfare $ 4,329,621.00 Medicaid Eligibility Worker 98-99 (7) ................. 29,986.00 1) Wages (035-054-5170-1002) $ 23,019.00 2) ICMA (035-054-5170-1115) 3,322.00 3) FICA (035-054-5170-1120) 1,761.00 4) Health Insurance (035-054-5170-1125) 1,656.00 304 5) Dental Insurance (035-054-5170-1126) 170.00 6) Disability (035-054-5170-1131 ) 58.00 7) Medicaid Eligibility Worker 98-99 (035-054-5170-5170) 29,986.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34113-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ro_oriations Health and Welfare $ 4,331,321.00 Runaway and Homeless Youth 98-99 (1) .............. 108,306.00 Revenue Health and Welfare $ 4,331,321.00 Runaway and Homeless Youth 98-99 (2) .............. 108,306.00 3O5 1) Administrative Supplies 2) Runaway and Homeless Youth 98-99 (035-054-5135-2030) $ 1,700.00 (035-054-5135-5135) 1,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34114-120798. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services of one time supplemental funds for the purchase of computer equipment to be used at the City's Crisis Intervention Center (Sanctuary); and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY03396/01), in the amount of $1,700.00, to be used to purchase computer equipment that will be used to comply with federal reporting guidelines set forth by the Department of Health and Human Services pursuant to the Runaway and Homeless Youth Act, and as more particularly set forth in the December 7, 1998, report of the City Manager to this Council. 306 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Health and Human Services in connection with the City's acceptance of the grant. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34115-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riations Health and Welfare $ 24,073,823.00 Income Maintenance (1) ........................... 4,301,516.00 307 Revenue Grants-in-aid-Commonwealth $ 40,262,663.00 Social Services (2) ............................... 17,593,862.00 1) Fees for Professional Services (001-054-5313-2010) $ 53,496.00 2) General Administration (001-020-1234-0676) 53,496.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34116-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~pro_~riations Health and Welfare $4,299,635.00 Community Family Counseling Center (1-3) ............ 35,000.00 308 Revenu~ Health and Welfare $4,299,635.00 Community Family Counseling Center (4) .............. 35,000.00 1) Fees for Professional Services 2) Expendable Equipment <$1,000 3) Training and Development 4) Community Family Counseling Center (035-054-5019-2010) (035-054-5019-2035) (035-054-5019-2044) (035-054-5019-5019) $ 31,000.00 2,200.00 1,800.00 35,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34117-120798. A RESOLUTION closing certain City offices on Christmas Eve, December 24, 1998; 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 Thursday, December 24, 1998. 3O9 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 Thursday, December 24, 1998. 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 Thursday, December 24, 1998, such employees, regardless of whether they are scheduled to work on December 24, 1998, shall be accorded equal time off at a later date. Employees of the Fire/EMS Department working the three platoon system shall receive twelve hours of holiday time clue to their work schedule. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34118-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 310 Revenue General Property Taxes Real Estate Tax (1) ............................. Personal Property Tax (2-3) ...................... Penalties and Interest (4) ........................ Other Local Taxes Utility Consumer Tax (5-6) ....................... Recordation and Probate Tax (7-8) ................ Franchise Tax (9) ............................... Bank Stock Tax (10) ............................. Permits, Fees and Licenses Permits and Fees (11-13) ........................ Grants-In-Aid-Commonwealth Non Categorical Aid (14) ......................... Other Categorical Aid (15) ........................ 1) Current Year Real Estate Tax 2) Current Year Personal Property Tax 3) Delinquent Personal Property 4) Penalties and Interest 5) Electric Utility Tax 6) Cellular Telephone Tax 7) Recordation (Grantor's) Tax 8) Recordation (Grantee's) Tax 9) Cable Television Franchise Tax 10) Bank Stock Tax (001-002-1234.0101) $ (001-020-1234-0130) (001-020-1234-0134) (001-020-1234-0145) (001-020-1234-0203) (001-020-1234-0229) (001-020-1234-0214) (001-020-1234-0216) (00t -020-1234-0238) (001-020-1234-0235) 11) Electrical Inspection Fees (001-020-1234-0308) 12) Plumbing Inspection Fees (001-020-1234-0309) 13) Building Inspection Fees (001-020-1234-0310) 14) Rental Car Tax (001-020-1234-0605) 15) Sales Tax Rebate (001.020-1234.0202) $ 67,678,685.00 41,629,411.00 20,716,485.00 700,000.00 $ 52,032,919.00 11,331,900.00 510,000.00 942,345.00 900,000.00 $ 698,800.00 669,800.00 $ 40,384,t67.00 1,462,765.00 14,307,133.00 70,000.00 (760,000.00) 60,000.00 100,000.00 150,000.00 45,000.00 75,000.00 20,000.00 90,000.00 (100,000.00) 20,000.00 10,000.00 45,000.00 135,000.00 40,000.00 311 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34119-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations General Government $ 16,834,315.00 Employee Parking (1) ............................ 989,507.00 Capital Improvement Reserve $ 12,529,971.00 Public Improvement Bonds Series 1996 (2) .......... 3,611,859.00 1) Appropriated from Bond Funds 2) Employee Parking (008-056-9698-9001) (008-052-9701-9192) $ 289,507.00 (289,507.00) 312 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34120-120798. AN ORDINANCE accepting the bid of L.H. Sawyer Paving Company, Inc., for the construction of a new parking lot located on the north side of Church Avenue, between 5~ and 6~ Streets, and the expansion of an existing parking lot located on Luck Avenue, 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 L.H. Sawyer Paving Company, Inc., in the total amount of $262,506.95 for the construction of a new parking lot located on the north side of Church Avenue, between 5th and 6th Streets, and the expansion of an existing parking lot located on Luck Avenue as more particularly set forth in the City Manager's report dated December 7, 1998, to this Council, such bid being in full compliance with the C;ty'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 Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 313 3. Any and all other bids made to the City for the aforesaid 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. Pag~rker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34121-120798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~0ropriations Public Safety Peters Creek Road Fire Station (1) .................. Capital Improvement Reserve 1996 Series Public Improvement Bonds (2) ........... $ 1,160,350.00 870,000.00 12,813,340.00 3,735,327.00 1) Appropriated from Bond Funds 2) Buildings (008-052-9677-9001) (008-052-9701-9183) $ 798,000.00 (798,000.00) 314 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1998. No. 34122-120798. AN ORDINANCE accepting the bid of Williams Painting and Remodeling, Inc., for construction of the Peters Creek Road Fire-EMS Station #4, 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 Williams Painting and Remodeling, Inc., in the total amount of $733,000 for construction of the Peters Creek Road Fire-EMS Station #4, as more particularly set forth in the City Manager's report dated November 16, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 315 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th d~y of December, 1998. No. 34123-120798. A RESOLUTION providing that the regular meeting of City Council scheduled to commence at 12:15 p.m. on December 21, 1998, shall commence at 2:00 p.m., on the same date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The regular meeting of City Council scheduled to commence at 12:15 p.m., on Monday, December 21, 1998, is hereby rescheduled to commence at 2:00 p.m., on Monday, December 21, 1998, such meeting to be held in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 316 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 December 2t, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34105-122198. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Hyperion Telecommunications of Virginia, Inc., for the construction, maintenance, and operation of telecommunications facilities in the City's rights-of-way. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Temporary Nonexclusive Revocable License Agreement with Hyperion Telecommunications of Virginia, Inc., for the construction, maintenance, and operation of telecommunications facilities in the City's rights-of-way, all as is more particularly set forth in the City Manager's report to this Council dated December 7, 1998. 2. The term for the License Agreement shall be until January 1, 1999, and continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise andlor Agreement, whichever occurs first and shall be subject to being revoked without cause upon 60 days notice to Licensee. 317 3. The Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached as Exhibit I to the above mentioned City Manager's report. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34124-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~roDriations Education Facilities (1-5) ................................ Technology Literacy 98-99 (6-8) ................. Let's Talk 98-99 (9) ............................ School Health Incentive 98-99 (10-11) ............. 115,320,123.00 1,365,227.00 56,335.00 1,000.00 34,659.00 Revenue Education Federal Grant Receipts (12) ..................... Fees (13~ .................................... State Grant Receipts (14) ....................... 113,889,084.00 56,336.00 1,000.00 34,659.00 318 Fund Balance Reserved for CMERP - Schools (15) .............. $ 744,113.00 1) Machinery and Equipment 2) Machinery and Equipment 3) Buildings 4) Buildings 5) Motor Vehicles and Equipment 6) Maintenance Service Contracts (030-060-6006-6t 09-0821 ) (030-060-6006-6681-0821 ) (030-060-6006-6896-0851) (030-060-6006-6896-0851) (030-060-6006-6683-0824) (030-060-6989-6002-0332) 7) Inservice Workshops (030-060-6989-6002-0587) (030-060-6989-6002-0821) (030-060-6990-6000-0583) (030-060-6991-6672-0131 ) (030-060-6991-6672-0201 ) (030-060-6989-1102) (030-060-6990-1103) (030-060-6991-1100) (030-3324) 8) Machinery and Equipment 9) Field Trips 10) Compensation of Nurses 11) Social Security 12) Federal Grant Receipts 13) Fees 14) State Grant Receipts 15) Reserved for CMERP - Schools $ 9,101.00 7,745.00 3,304.0O 4,364.O0 28,550.00 28,375.00 19,899.00 8,061.00 1,000.00 32,196.00 2,463.00 56,335.00 1,000.00 34,659.00 (53,064.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker '"'- D~-vid A. Bowers City Clerk Mayor 319 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34125-122t98. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 4 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 4 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated December 21, 1998. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $38,279 to the original contract dated September 18, 1997, all as set forth in the above report. 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 David A. Bowers Mayor 320 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34126-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap~ro_~riations Other Infrastructure $ 22,430,864.00 Regional Radio System (1) ........................ 6,689,931.00 1) Appropriated from General Revenue (008-050-9614-9003) $1,031,780.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 321 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34128-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations Capital Outlay Metal Building for Carvins Cove (1) ................ Retained Earnin;j$ $ 4,170,280.00 33,000.00 Retained Earnings (2) ............................. $ 30,510,836.00 1) Appropriated from General Revenue (002-056-8390-9003) $ 33,000.00 2) Retained Earnings (002-3336) (33,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 322 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34129-122198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApproDriati~)n$ Streets and Bridges Three Bridge Replacement (1-3) ................... Wasena Bridge Rehabilitation (4) .................. Walnut Avenue Bridge Replacement (5) ............. Jefferson Street Bridge (6-7) ...................... $ 23,259,547.00 487,047.00 1,062,770.00 1,716,623.00 629,697.00 Capital Improvement Reserve $ 12,772,281.00 Public Improvement Bonds - Series 2000 (8) ........ (1,088,545.00) Revenues Due From Bell Atlantic (9) ........................ $ 25,477.00 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Appropriated from Third Party 4) Appropriated from Bond Funds 5) Appropriated from General Revenue 6) Appropriated from Bond Funds (008-052-9551-9001) (008-052-955t-9003) (008-052-9551-9004) (008-052-9546-9001) (008-052-9684-9003) (008-052-9698-9001) 253,336.00 208,234.00 25,477.00 (73,876.00) (179,308.00) (17,263.00) 323 7) Appropriated from General Revenue 8) Bridges 9) Accounts Receivable from Bell Atlantic - Brambleton Avenue Bridge (008-052-9698-9003) (008-052-9709-9190) (28,926.00) (162,197.00) (008-1266) 25,477.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34130-122198. AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the Brambleton Avenue Bridge Replacement Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Allegheny Construction Company, Inc., in the total amount of $432,046.50 for the Brambleton Avenue Bridge Replacement Project, as is more particularly set forth in the City Manager's report dated December 21, 1998, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 324 2. The City Manager or the Assistant City Manager and the City Clerk ars hersby authorized on behalf of the City to execute and attest, rsspectively, the rsquisite contract with the successful bidder, based on its proposal made thersfor 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 said 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 aforesaid work are hersby REJECTED, and the City Clerk is dirscted to notify each such bidder and to exprsss to each the City's apprsciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34131-122198. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditurss to be made in connection with the Brambleton Avenue Bridge Replacement Project and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $162,197 appropriated by a rssolution simultaneously adopted by the City Council on December 21, 1998, for certain expenditures to be made in connection with the 325 Brambleton Avenue Bridge Replacement Project from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Brambleton Avenue Bridge Replacement Project is $350,000 all as is more fully set forth in the December 21, 1998 report to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. adoption. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Mary F. Parker City Clerk Mayor 326 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of December, 1998. No. 34132-122198. 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 J. Darryl Burks as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1998; 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 Stark H. Jones 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 December 7, 1998, and expiring on October 20, 2002, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 327 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34127-010499. AN ORDINANCE authorizing the City Manager to execute a Permit Agreement containing indemnification language to provide for the removal of a fire escape on the rear portion of the structure on real property identified by Official Tax Map No. 1011512, commonly known as 118 Campbell Avenue, S.W. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, a Permit Agreement containing indemnification language to provide for the removal of a fire escape on the rear portion of the structure located on real property identified by Official Tax Map No. 1011512, commonly known as 118 Campbell Avenue, S.W., upon form approved by the City Attorney, and as set forth in the report to this Council dated December 21, 1998. ATTEST: Mary F. Parker APPROVED David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34133-010499. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-3, Central Business District. WHEREAS, JJ&T Partnership, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located on the southerly side of Campbell Avenue, S.E., and designated as Official Tax Nos. 4011103, which property was previously conditionally rezoned by the adoption of Ordinance No. 33012-070196, adopted July 1, 1996; and 328 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 21, 1998, 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 on that certain tract of land located on the southerly side of Campbell Avenue, S.E., and designated as Official Tax Nos. 4011103, 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. 401 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the document entitled "Petition to Amend Proffered Conditions No. 2 of the Amended Petition to Rezone," filed in the City Clerk's Office on November 16, 1998, and as set forth in the report of the Planning Commission dated December 21, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 329 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34134-010499. AN ORDINANCE repealing Ordinance No. 34057-110298, and amending §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.303, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; 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 October 19, 1998, but the public notice for said public hearing referred erroneously to Official Tax No. 3010101 instead of Official Tax No. 3O30101; WHEREAS, Ordinance No. 34057-110298, adopted by this Council in connection with the subject application to rezone, erroneously refers to Official Tax No. 3010101 instead of Official Tax No. 3030101; WHEREAS, a public hearing was held by City Council on said application at its meeting on December 21, 1998, after due and timely notice thereof as required by §35.1-693, 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. 330 that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Ordinance No. 34057-110298 is REPEALED. 2. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land located on the east side of Kimball Avenue, N.E., and designated on Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3030101, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, pursuant to the Petition filed in the Office of the City Clerk on August 6, 1998, and that Sheet No. 303 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34135-010499. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, the Roanoke City Planning Commission has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District; and 331 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 21, 1998, 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. 221 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Fifteen parcels of land in the 1700 block of Loudon Avenue, N.W., and in the Hyde Park neighborhood in the northwest quadrant of the City, bounded generally by 17th Street on the east and 18th Street on the west, to the north and south, the alleys behind the homes facing Loudon Avenue, and designated on Sheet No. 221 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2211901 - 2211907, and 2211312 - 2211319, be, and are hereby rezoned from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, pursuant to the Petition filed in the Office of the City Clerk on October 23, 1998, and that Sheet No. 221of the Zone Map be changed in this respect. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34136-010499. A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, Norfolk Avenue, S.E., railroad grade crossing, as an urban highway project. WHEREAS, it is necessary that a request by Council resolution be made in order that the Virginia Department of Transportation ("VDOT") program the safety project known as Norfolk Avenue, S.E., railroad grade crossing, to install gates west of 3rd Street, S.E., as an urban highway project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that: 1. The City requests that VDOT program the safety project known as Norfolk Avenue, S.E., railroad grade crossing, to install gates west of 3rd Street, S.E., as an urban highway project. 2. The City agrees to pay .2% of the total cost for project design, right-of-way acquisition, and construction of this project, and the City agrees that if the City cancels this project in the future for any reason, the City will pay 100% of all costs associated with any work completed on the canceled project between time of programming and the cancellation notice. 3. The City Clerk is directed to forward a copy of this resolution to the appropriate persons at VDOT. APPROVED Mary F. Parker City Clerk Mayor 333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34138-010499. A RESOLUTION providing for payment of a monetary supplement to certain officers and employees of the City of Roanoke Sheriff's Department who retire prior to attaining age sixty-five. WHEREAS, City Council is concerned with the high cost of health insurance for employees of the City who retire prior to attaining the age of sixty-five; WHEREAS, by Resolution No. 33845-051898, adopted May 18, 1998, this Council provided for payment of a monetary supplement to certain members of the City of Roanoke Pension Plan who retire prior to attaining age sixty-five, but such Resolution did not, by its terms, apply to officers and employees of the City of Roanoke Sheriff's Department; and WHEREAS, City Council now desires to provide a monetary supplement to officers and employees of the City of Roanoke Sheriff's Department, who have earned twenty (20) or more years of "creditable service" with the City, which supplement may be used by such retired employees to partially defray the cost of health insurance; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Any officer or employee of the City of Roanoke Sheriff's Department who, on or after July 1, 1998, retires after earning twenty or more years of "creditable service" with the City of Roanoke, but prior to attaining age sixty-five, shall be paid a monthly supplement of $159 commencing with the first month of retirement and terminating with the month in which the officer or employee attains age sixty-five. 2. The supplemental benefit provided for by this resolution shall not be considered a pension benefit subject to any cost of living adjustment which may be provided by City Council to any beneficiaries under the City of Roanoke Pension Plan in the future. 334 3. The supplemental benefit provided for by this resolution shall be a personal benefit applicable to an eligible officer or employee only without any right of survivorship. Upon the death of an officer or employee who is receiving such benefit, the monthly payment shall be made for the month of such officer's or employee's death and shall terminate with the next succeeding month. 4. The terms "beneficiary", and "pension" shall have the meanings ascribed to them by §22.1-2, Code of the City of Roanoke (1979), as amended. The term "creditable service" shall mean twenty (20) or more years of service as an office or employee with the City of Roanoke. The word "employee" shall mean any officer or employee of the City of Roanoke Sheriff's Department except a part-time officer or employee (one who is customarily employed less that twenty (20) hours per week or not more than five (5) months in a calendar year). 5. 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 to repeal this benefit. July 1, 1998. This Resolution shall be in full force and effect retroactive to ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34139-010499. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 335 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDro_oriations General Government Public Facility Improvements - PWSC (1) .......... Environmental Issues - PWSC (2) ................. 17,111,523.00 94,800.00 355,200.00 1) Appropriated from General Revenue 2) Appropriated from General Revenue (008-052-9671-9003) (008-052-9670-9003) $ 94,800.00 (94,800.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1999. No. 34140-010499. AN ORDINANCE accepting the bid of Hammond-Mitchell, Inc., for the public facility improvements at the Public Works Service Center, 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: 336 1. The bid of Hammond-Mitchell, Inc., in the total amount of $86,200.00 for the public facility improvements at the Public Works Service Center, as is more particularly set forth in the City Manager's report dated January 4, 1999, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 337 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34137-011999. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by amending and reordaining §32-282, Compensation of seller, to provide that no compensation shall be allowed to any seller when the amount due is delinquent at the time of remittance; by enacting new section 32-283, Penalty for late remittance, to provide for a penalty of ten (10) percent of the tax due applicable to any seller who shall fail or refuse to remit to the treasurer the tax required within the specified time; and providing for an effective date. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-282, Compensation of seller, of the Code of the City of Roanoke (1979), as amended and reordained to read and provide as follows: §32-282. Compensation of seller. Whenever the tax levied by this article is collected by the seller acting as a tax collecting medium or agency for the city and remitted by the seller to the city in accordance with section 32-277, such seller be allowed as compensation for the collection and remittance made to the city treasurer in accordance with section 32-277. No compensation shall be allowed to any seller when the amount due is delinquent at the time of remittance. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: §32-283. Penalty for late remittance. If any seller shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article, within the time specified by section 32-277 and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty of ten (10) percent of the amount of the tax. 338 3. This ordinance shall be in full force and effect on and after February 1, 1999. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34141-011999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund A_=0ro_~riation~ Education $ 115,755,265.00 Facilities (1) ................................... 1,422,130.00 Goals 2000 Technology 98 (2) ..................... 210,025.00 Chess Program 98-99 (3-4) ....................... 10,000.00 Special Education Capacity Building (Silver) 98-99 (5-7) 28,214.00 339 Revenue Education $ Federal Grant Receipts (8) ....................... Fees (9) ....................................... Federal Grant Receipts (10) ...................... 114,137,323.00 210,025.00 10,000.00 28,214.00 Fund Balance Reserved for CMERP - Schools (11) ................ $ 687,210.00 School Ca0ital Projects Fund Ao_oro_oriations Education $ Addison Middle School Renovations (12) ........... Capital Improvement Reserve Public Improvement Bonds - Series 1997 (13) ........ 26,043,815.00 10,522,974.00 (12,109,420.00) (8,988,411.00) 1) Replacement-Other Capital Outlays 2) Additional Data Process Equipment 3) Maintenance Service Contracts 4) Conventions/ Education 5) Other Professional (030-060-6006-6896-0809) (030-060-6993-6102-0826) (030-060-6992-6102-0332) (030-060-6992-6102-0554) Services (030-060-6552-6029-0313) 6) lnserviceWorkshops(030-060-6552-6029-0587) 7) lnservice Supplies (030-060-6552-6029-0617) (030-060-6993-1102) (030-060-6992-1103) (030-060-6552-1102) (030-3324) (031-060-6090-9001) (031-060-9706-9182) 8) Federal Grant Receipts 9) Fees 10) Federal Grant Receipts 11) Reserved for CMERP-Schools 12) Appropriated from Bond Funds 13) Schools 56,903.00 210,025.00 2,000.00 8,000.00 21,500.00 5,214.00 1,500.00 210,025.00 10,000.00 28,214.00 (56,903.00) 54,22O.00 (54,220.00) 340 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34142-011999. A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of January 19, 1999. WHEREAS, by report of January 19, 1999, and the attachments to such report, the City Manager and Director of Finance have presented an updated 5-Year Capital Improvement Program for Fiscal Years 1999-2003 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; and WHEREAS, this Council is desirous of endorsing the recommended 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 an updated 5-year Capital Improvement Program for the 341 City of Roanoke for Fiscal Years 1999-2003 in the total amount of $321,825,908 as set out in the report of the City Manager and Director of Finance, dated January 19, 1999, and the attachments to such report. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34143-011999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro0riations Public Safety $ 40,490,936.00 Juvenile Detention Center (1-8) ..................... 1,244,971.00 Health and Welfare $ 24,018,323.00 State and Local Hospitalization (9) ................... 30,000.00 1) Salaries 2) Temporary Wages 3) Retirement 4) ICMA Match 5) FICA (001-054-3320-1002) (001-054-3320-1004) (001-054-3320-1105) (001-054-3320-1116) (001-054-3320-1120) 84,296.00 (38,406.00) 8,217.00 1,018.00 6,527.00 342 6) Health Insurance 7) Dental Insurance 8) Disability Insurance 9) Fees for Professional Services (001-054-3320-1125) (001-054-3320-1126) (001-054.3320-1131) (001-054-5330-2010) $ 7,473.00 663.00 212.00 (70,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk avid A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34144-011999. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for soliciting proposals for exclusive pouring rights for non-alcoholic beverages, and for entering into license agreements with prominently recognized companies for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream at the Civic Center and Victory Stadium and documenting the basis for this determination. WHEREAS, the Civic Center seeks to procure proposals from beverage vendors to exclusively provide non-alcoholic beverage products and equipment, and to enter into advertising and promotion agreements with the selected vendor, who would be granted exclusive pouring rights for non-alcoholic beverages at the Civic Center and also at Victory Stadium; and WHEREAS, the Civic Center seeks to procure proposals for entering into license agreements with prominently recognized companies for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream at the Civic Center and that may also include Victory Stadium; and 343 WHEREAS, this Council also finds that use of the procurement method of competitive negotiation for the needed items will allow it to more fully consider factors of experience, the advertising and promotional opportunities from the offerors, and will also allow consideration of negotiations as to the terms of the license agreements for the branded food products; and WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation for other than professional services, rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to §23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and is not fiscally advantageous, for the reasons set forth above, for soliciting proposals for exclusive pouring rights for non- alcoholic beverages, and for entering into license agreements with prominently recognized companies for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream at the Civic Center and Victory Stadium. 2. City Council directs that the procurement method known as competitive negotiation for other than professional services shall be used for the procurement for soliciting proposals for exclusive pouring rights for non-alcoholic beverages, and for entering into license agreements with prominently recognized companies for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream, at the Civic Center, as recommended by the Roanoke Civic Center Commission, and at Victory Stadium, all as more fully set forth in the report to this Council dated January 19, 1999. determination. This Resolution shall document the basis for City Council's APPROVED ATTEST: Mary F. Parker City Clerk Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34145-011999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Capital Outlay $ Advertising Rights to Scoreboard (1) ................ 247,271.00 60,000.00 Retained Earnin~ls Retained Earnings (2) ............................ $ 3,032,072.00 1) Appropriated from General Revenue 2) Retained Earnings (005-066-8604-9003) (005-3336) $ 60,000.00 (60,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor 345 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34146-011999. A RESOLUTION authorizing the purchase of advertising rights from Network Group International, L.P. for the coliseum scoreboard and the three concourse message centers at the Roanoke Civic Center. WHEREAS, the coliseum scoreboard and the three concourse message centers were installed at the Civic Center in December 1996, by Fairtron Corporation; and WHEREAS, Fairtron Corporation sold the advertising rights to the scoreboard and the three concourse message centers to Network Group International, L.P. in April 1997; and WHEREAS, Network Group International, L.P., has agreed to sell the said advertising rights to the City; and WHEREAS, the Roanoke Civic Center Commission recommends that City Council approve the purchase of the said advertising rights from Network Group International, L.P. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke as follows: 1. That City Council concurs in the recommendation of the Roanoke Civic Center Commission that the City purchase the advertising rights from Network Group International, L.P. for the coliseum scoreboard and the three concourse message centers at the Roanoke Civic Center for $180,000, payable in three installments of $60,000 each, as more particularly set forth in the report to Council dated January 19, 1999. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite agreement with Network Group International, L.P., such agreement to 346 be approved as to form by the City Attorney, for the purchase of the said advertising rights and to execute or provide any additional documents or information that may be necessary to complete the purchase of those rights. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34147-011999. 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, February 1, 1999. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 12:15 p.m. on Monday, February 1, 1999, in City Council Chambers at 215 Church Avenue, S.W., is hereby rescheduled to be held at 11:30 A. M., Monday, February 1, 1999, in the Emergency Operations Center Conference Room, Room 159, First Floor, Municipal Building, in the City of Roanoke, with the 2:00 p.m. session on the same date to be held in City Council Chambers at 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 347 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 February 1, 1999. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34150-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the Lick Run Greenway, a component of the Roanoke Valley Comprehensive Greenway System. 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, Council supports the Lick Run Greenway project, a component of the Roanoke Valley Comprehensive Greenway System; 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 Lick Run Greenway, a component of the Roanoke Valley Comprehensive Greenway System, said Lick Run Greenway being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 348 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of 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 report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant 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 Fifth District Planning Commission in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Fifth Planning District Commission to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and 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 ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34151-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the preservation of the former Norfolk and Western headquarters building known as GOB North. 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, Council supports the preservation of the former Norfolk and Western headquarters building known as GOB North. 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 preservation of the former Norfolk and Western headquarters building, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) for the total cost of preservation of the former Norfolk and Western headquarters building known as GOB North, 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 report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 35O 4. The City Manager or the Assistant 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 Roanoke Higher Education Authority in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Roanoke Higher Education Authority to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and 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. ATTEST: Mary F. Pa~(er City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 34152-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the acquisition and rehabilitation of the former Norfolk and Western headquarters building known as GOB South and related improvements. 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, Council supports the acquisition and rehabilitation of the former Norfolk and Western headquarters building known as GOB South, and related improvements. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 351 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the acquisition and rehabilitation of the former Norfolk and Western headquarters building, known as GOB South, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) for the total cost of acquisition and rehabilitation of the former Norfolk and Western headquarters building known as GOB South, 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 report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant 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 Roanoke Redevelopment and Housing Authority in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Roanoke Redevelopment and Housing Authority to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and 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 Mayor 352 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34153-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the construction and operation of a Tourism Welcome Center in a portion of the former Norfolk and Western Passenger Station adjacent to the Hotel Roanoke & Conference Center and the Historic Farmer's Market. 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, Council supports the development and operation of a Tourism Welcome Center in a portion of the former Norfolk and Western 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 development and operation of a Tourism Welcome Center in the former Norfolk and Western Passenger Station, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of construction and operation of a Tourism Welcome Center in a portion of the former Norfolk and Western Passenger Station, 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 report dated January 19, 1999, to this Council. 353 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant 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 Roanoke Valley Convention and Visitors Bureau in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Roanoke Redevelopment and Housing Authority to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34154-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the improvement of the Virginia Museum of Transportation. 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 354 WHEREAS, Council supports the construction of improvements to the Virginia Museum of Transportation. 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 improvement to the Virginia Museum of Transportation project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of planning, design and construction of improvements to the Virginia Museum of Transportation, 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 report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant 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 Virginia Museum of Transportation in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Virginia Museum of Transportation to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as is approved by the City Attorney. 355 5. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34155-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the Roanoke Passenger Station Restoration; authorizing execution of agreements between the City and the Virginia Department of Transportation and Roanoke Foundation for Downtown, Inc., in connection with the project. WHEREAS, in accordance with the Commonwealth Transportation's 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 a high priority project in the City of Roanoke; and Station. WHEREAS, Council supports the restoration of the Roanoke Passenger 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 Roanoke Passenger Station Restoration, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 356 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of design 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 for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Roanoke Foundation for Downtown, Inc., in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, including the provision which requires the Roanoke Foundation for Downtown, Inc., to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as 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 ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 357 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34156-011999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ao_oropriations Streets and Bridges $ 22,860,693.00 CBD Signal System (1) .......................... 197,048.00 Capital Improvement Reserve $ Public Improvement Bonds - Series 1996 (2) ........ 3,443,560.00 4,583,513.00 1) Appropriated from Bond Funds 2) Bridges (008-052-9544-9001) (008-052-9701-9190) $ 18,900.00 (18,900.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 358 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34157-011999. A RESOLUTION concurring in Downtown traffic pattern alterations and installation of a new signalized intersection in Downtown. BE IT RESOLVED by the Council of the City of Roanoke that the alterations of traffic patterns on Salem Avenue, S. W., and Campbell Avenue, S. W., and the signalization of the intersection of Williamson Road and Salem Avenue, all as more particularly described in the City Manager's report to this Council, dated January 19, 1999, and its attachments, are hereby concurred in. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34148-020199. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Bradley A. Jones 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 359 WHEREAS, a public hearing was held on said application by the City Council on January 19, 1999, 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 pOrtion of 15th Street, N.E., extending in a northerly direction from Varnell Avenue, N.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 360 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 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. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34149-020199. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 301, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. 361 WHEREAS, Roanoke City Planning Commission has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to C-3, Central Business 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 January 19, 1999, 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. 301 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: The Old Norfolk & Western Passenger Station located on Shenandoah Avenue, N.E., and designated on Sheet No. 301 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3013603, be, and is hereby rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District, said parcel being the subject of the Second Amended Petition filed in the Office of the City Clerk on December 7, 1998, and that Sheet No. 301 of the Zone Map be changed in this respect. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 362 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34158-020199. A RESOLUTION authorizing execution of Amendment No. 2 to the 1998- 99 CDBG Subgrantee Agreement with the Roanoke Redevelopment & Housing Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No. 2 to the Subgrantee Agreement with the Roanoke Redevelopment & Housing Authority to allow the RRHA to retain the balance of the reserves as part of the buy-out of the original loans from the mortgage revenue bondholders in connection with the Single-Family Mortgage Loan Program, as more particularly set forth in the report to this Council dated February 1, 1999, and any other necessary documentation, said documentation to be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City *Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34159-020199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 363 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Apr) ropriations Community Development $ 2,803,661.00 Community Planning (1-4) ......................... 954,213.00 Contingency $ 60,359,160.00 Contingency (5) ................................. ( 520,803.00) 1) Regular Employee Salaries 2) Retirement 3) FICA 4) Fees for Professional Services 5) Contingency (001-052-8110-1002) (001-052-8110-1105) (001-052-8110-1120) (001-052-8110-2010) (001-002-9410-2199) 21,442.00 2,515.00 1,985.00 10,000.00 (35,942.00) 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 1st day of February, 1999. No. 34160-020199. AN ORDINANCE authorizing the City Manager to execute a Change Order on behalf of the City to the contract between the Virginia Department of Transportation and Allegheny Construction Company, Inc., for the 1-581 Interchange improvements at Valley View Boulevard; and providing for an emergency. 364 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, a Change Order to the contract between the Virginia Department of Transportation and Allegheny Construction Company, Inc., for the 1-581 Interchange improvements at Valley View Boulevard in connection with a 36 day delay in receipt of approved construction plans, all as more fully set forth in the report to this Council dated February 1, 1999. 2. The Chang® Order will provide authorization for changes in timing or additions in the work with an increase in the amount of $45,688.00 to the original contract, all as set forth in the above report. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34161-020199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General, Capital Projects and 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. 365 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General, Capital Projects and Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriaticns Nondepartmental $ 60,664,102.00 Transfer to Other Funds (1) ....................... 59,858,983.00 Fund Balance Reserved for CMERP - City (2) .................... $ 2,234,167.00 Capital Pro_iects Fund Appropriations General Government $ 17,580,030.00 Municipal South -Public Area Remodeling (3) ....... 184,700.00 Renovate City Market Building (4) ................. 177,098.00 Traffic Engineering $ 2,628,764.00 Emergency Vehicle Traffic Signal (5) ............... 758,747.00 Civic Center Fund Appropriations Civic Center - Concessions (6) .................... $ 246,242.00 Retained Earnincjs Retained Earnings (7) ............................. $ 2,925,072.00 1) Transfer to Capital Projects Fund 2) Reserved for CMERP-City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9556-9003) $ 269,000.00 (269,000.00) 32,500.00 366 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Other Equipment 7) Retained Earnings (008-052-9699-9003) (008-052-9569-9003) (005-056-2109-9015) (oo5-3336) $ 36,500.00 200,000.00 107,000.00 (107,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34162-020199. A RESOLUTION authorizing and providing for an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation of an animal shelter by the Society and increasing the impoundment boarding fee charged to animal owners. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, a written agreement between the City and the Roanoke Valley Society for the Prevention of Cruelty to Animals, relating to the operation of an animal shelter by the Society. 2. Such agreement which shall be for a term of six months effective January 1, 1999, and which shall be renewable upon mutual consent of the parties shall provide that the City shall pay $8.75 per day for each animal impounded at the 367 request of the City and $8.75 per day for each stray animal brought in by a citizen of the City, the latter charges to be for not more than a five-day impoundment period per animal. 3. The follOwing impoundment boarding fee shall be charged to the owner of any animal impounded at the Society's facility: First impoundment of animal ................ $20.00 Second impoundment of animal within 12 consecutive months .................... $35.00 Third or successive impoundment of animal within 12 consecutive months ............... $50.00 Daily boarding fee ......................... $ 8.75 4. 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 impoundment fees to be charged. APPROVED ATTEST: Mary F. Parker David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34163-020199. AN ORDINANCE amending and reordaining §20-1, Com01iance with chaDter required; 9eneral penalty_ for violations, Code of the City of Roanoke (1979), as amended, to increase the maximum fine for a traffic infraction from $100 to $200; and providing for an emergency. 368 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-1, Com_oliance with chapter required: _~eneral _r)enalty for violations, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §20-1. Comoliance with chanter required: peneral Denalty for violations. It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter. Unless other wise specifically provided, a violation of this chapter shall constitute a traffic infraction punishable by a fine of not more than two hundred dollars ($200.00). 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34164-020199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Juvenile Detention 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. 369 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Juvenile Detention Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~0ropriations Operating (1-3) ................................... $ 25,000.00 Capital Outlay (4) .................................. 4,175,000.00 1) Fees for Professional Services 2) Special Events 3) Insurance 4) Appropriated from (011-054-3370-2010) (011-054-3370-2125) (011-054-3370-3020) Bank Loan Proceeds (011-054-9686-9053) $ 15,000.00 5,000.00 5,000.00 4,175,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34166-020199. A RESOLUTION authorizing the advertisement for bids for the purchase of 6.5-acres of City-owned property located in Westview Terrace, subject to certain minimum development standards; approving the minimum development standards; and authorizing the City Manager to advertise a public hearing at the appropriate time in order to comply with §15.2-1800B of the Code of Virginia (1950), as amended. BE IT RESOLVED by the Council of the City of Roanoke as follows: 370 1. The City Manager or his designee is authorized to take the appropriate action in order to advertise and seek the highest bid for the purchase of 6.5-acres of City-owned property located in Westview Terrace, more particularly described in the Water Resources Committee report to this Council dated February 1, 1999, subject to the minimum development standards as set forth in that report. 2. This Council approves the minimum development standards set forth in the Water Resources Committee report to this Council dated February 1, 1999. 3. Once bids for purchase of this property are received, the City Manager is authorized to advertise a public hearing to coincide with a report to this Council recommending acceptance of the highest bid for purchase of this property lacking any comments to the contrary. The purpose of this public hearing is to ensure compliance with §15.2-1800B of the Code of Virginia (1950), as amended. APPROVED ATTEST: ~~ Mary F. Parker il ,~ David A. Bowers City Clerk* Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34167-020199. A RESOLUTION authorizing the execution of a surplus water purchase agreement between the City of Roanoke and the Bedford County Public Service Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City a surplus water purchase agreement between the City of Roanoke and the Bedford County Public Service Authority. 371 2. The proposed agreement will establish a minimum average daily quantity to be purchased and a maximum annual average daily quantity to be purchased under the formula set forth in the contract, but with the maximum amount not to exceed one million gallons per day. The term of the agreement will be for fifteen years, from July 1, 1999, through June 30, 2014. The rate for the purchase of the water will be calculated by multiplying the city rate times a multiplier of 1.25 for all water purchased up to the start of the fiscal year 2010. At the start of fiscal year 2010 the multiplier will be reduced to 1.20 for average daily consumption greater than .5 million gallons per day but less that 1 million gallons per day. The agreement will be in a form substantially similar to the agreement attached to the report to this Council dated February 1, 1999, all as more particularly set forth in that report. 3. The form of such contract shall be approved by the City Attorney prior to execution. 4. The Clerk is directed to transmit an attested copy of this resolution to the Bedford County Public Service Authority. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34168-020199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 372 General Fund ADpro_Driatic) n$ Nondepartmental $ 60,912,102.00 Transfers to Other Funds (1) ..................... 60,106,983.00 Reserved for CMERP - City (2) ..................... $ 1,986,167.00 Capital Pro_ie{;t~ Fund ApproDrJations Recreation $ 2,802,771.00 Municipal Swimming Pools (3-4) .................. 270,126.00 Capital Improvement - Reserve $ 11,542,648.00 Public Improvement Bonds - Series 2000 (5) ......... (1,225,671.00) 1) Transfer to Capital Projects Fund 2) Reserved for CMERP-City 3) Appropriated from Bond Funds 4) Appropriated from General Revenue 5) Parks (001-004-9310-9508) (001-3323) (008-052-9723-9001 ) (008-052-9723-9003) (008-052-9709-9180) $ 248,000.00 (248,000.00) 22,126.00 248,000.00 (22,126.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 373 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1999. No. 34169-020199. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke, for the remodeling and upgrading of the Municipal Swimming Pools at Washington and Fallon Parks 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. WHEREAS, the City received bids for the remodeling and upgrading of the Municipal Swimming Pools at Washington and Fallon Parks which exceeded the available funds for the project; and WHEREAS, pursuant to the Code of the City of Roanoke (1979), as amended, and the contract documents, since the bid from the lowest responsible bidder exceeded available funds, the City negotiated with the apparent Iow bidder to reach a contract price within available funds; and WHEREAS, after negotiations with the apparent Iow bidder a negotiated contract price of $270,126.00 and amended specifications were reached with U.S. Construction Co. of Roanoke and which are acceptable to the City. THEREFORE, 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 total amount of $270,126.00 for the remodeling and upgrading of the Municipal Swimming Pools at Washington and Fallon Parks, as is more particularly set forth in the City Manager's report dated February 1, 1999, to this Council, such bid being in full compliance with the City's plans and specifications as amended after negotiation as set froth in the said report and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 374 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34165-021699. AN ORDINANCE extending the Food/Beverage Concession Management Contract agreement between the City of Roanoke and The Swanson Corporation for a period of two months with an option upon mutual agreement of the parties to extend the contract month-to-month up to an additional one year unless terminated sooner by either party pursuant to Section 4 of the contract. WHEREAS, the Roanoke Civic Center Commission has decided that the Food/Beverage Concession Management Contract agreement between the City of Roanoke and The Swanson Corporation should be extended for a period of two months with an option upon mutual agreement of the parties to extend the contract month-to-month up to an additional one year unless terminated sooner by either party pursuant to Section 4 of the contract; and WHEREAS, the Roanoke Civic Center Commission has reported to the Council of the City of Roanoke the above decision for implementation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 375 1. The Food/Beverage Concession Management Contract dated May 1, 1991, between the City of Roanoke and The Swanson Corporation providing for food/beverage concession service for the Roanoke Civic Center, pursuant to the terms of that contract, which was extended for a period of three additional years from May 1, 1996, and terminating April 30, 1999, and providing that the City at its option may extend the term of the contract for up to two additional years is hereby extended for a period of two months from May 1, 1999, through June 30, 1999, with an option upon mutual agreement of the parties to extend the contract month-to- month up to an additional one year unless terminated sooner by either party pursuant to Section 4 of the contract, and that the terms and conditions of the contract will otherwise remain the same, all as more particularly set forth in the report to this Council dated February 1, 1999. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the contract extension, and any subsequent month to month extension up to an additional one year as provided for by the option, with The Swanson Corporation, said contract to be in such form as is approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34170-021699. A RESOLUTION paying tribute to The Reverend Dr. Noel C. Taylor, former Mayor of the City of Roanoke, upon the occasion of his retirement as Pastor of High Street Baptist Church. WHEREAS, this Council has learned of the retirement of former Mayor Noel C. Taylor as the Pastor of High Street Baptist Church effective December 31, 1998, after thirty-seven years of service to the church; 376 WHEREAS, Dr. Taylor became the pastor of High Street Baptist Church in 1961, and led the church in its relocation from Centre Avenue to a new, larger site on Florida Avenue in 1972; WHEREAS, Dr. Taylor has always believed that the church should provide services to the community, and, in 1986, under his leadership, the church added a new family life wing named the Anchor of Hope, which houses a Boy Scout troop, various sports teams, a food pantry and clothes closet; WHEREAS, in the 1960's Dr. Taylor was a key leader in the local Civil Rights movement and was instrumental in the desegregation of public schools, restaurants, hotels and other places of public accommodation and the closure of an unsafe dump adjacent to Lucy Addison High School; WHEREAS, in 1967, Dr. Taylor became the first Black to lead the Roanoke Valley Minister's Conference, and, in 1970, he was elected as the first Black member of City Council; WHEREAS, Dr. Taylor served as Mayor from October 27, 1975, to June 30, 1992, longer than any person has ever served as Mayor of this City; WHEREAS, while simultaneously serving as minister of High Street Baptist Church, a large and vibrant congregation, Dr. Taylor devoted countless hours to his duties as Mayor, and under his excellent leadership, the City won the prestigious All America City Award in 1979, 1982 and 1988; WHEREAS, Dr. Taylor, an articulate advocate for the cause of equal justice for all, has been a dedicated servant of his church, the City of Roanoke and the Roanoke Valley since 1961; and WHEREAS, this Council is desirous of paying tribute to Dr. Taylor upon the occasion of his retirement as Pastor of High Street Baptist Church; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this resolution as a means of recognizing, commending and paying tribute to Dr. Noel C. Taylor upon the occasion of his retirement as Pastor of High Street Baptist Church, and expresses to him the heartfelt appreciation of this City and its people for his unparalleled record of dedicated and exemplary service to his church, the City of Roanoke and the Roanoke Valley. 377 2. The Council extends to Dr. Taylor its best wishes for a long, healthy and happy retirement. 3. The City Clerk is directed to transmit an attested copy of this resolution to Dr. Noel C. Taylor. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34171-021699. A RESOLUTION approving the issuance by the City of Roanoke Redevelopment and Housing Authority of its revenue bonds in a principal amount not to exceed $4,000,000.00 to finance a portion of the costs of renovating and equipping a 900-seat auditorium project in the Jefferson Center for the Jefferson Center Foundation, Ltd. WHEREAS, THE CITY OF Roanoke Redevelopment and Housing Authority (the "Authority") is authorized to advertise and hold public hearings relative to the issuance of private activity bonds; and, WHEREAS, the authority considered the request of the Jefferson Center Foundation, Ltd. (the "Foundation"), whose address is 541 Luck Avenue, Roanoke, Virginia, for the issuance by the Authority of its Revenue Bonds (the "Bonds") in a principal amount not to exceed $4,000,000.00 to assist the Foundation in financing a portion of the cost of renovating and equipping the school auditorium in the Jefferson Center as an approximately 900-seat auditorium for the performing arts (the "Project"), located at 541 Luck Avenue in the City of Roanoke, Virginia (the "City"); and 378 WHEREAS, pursuant to Section 36-19(9) of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority may exercise its powers to issue bonds and lend the proceeds thereof to the Foundation for the Project provided the governing body of the City adopts a resolution (the "Section 36-19 Resolution") approving such loan for the Project; and, WHEREAS, on February 8, 1999, the Authority conducted a public hearing on the issuance of the Bonds and, by adoption of a resolution (the "Official Intent Resolution"), declared its official intent to issue the Bonds to finance the Project, and recommended that the City Council of the City of Roanoke (the "City Council") approve the issuance of the Bonds for the Project; and, WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"), provides that the applicable elected representatives of the governmental unit issuing private activity bonds shall approve the issuance of such bonds; and, WHEREAS, the Authority, as the issuing governmental unit, has no applicable elected representative and the City is the next highest governmental unit with such representatives; and, WHEREAS, the members of the City Council constitute the applicable elected representatives; and, WHEREAS, Chapter 514 of the 1983 Acts of the General Assembly of Virginia requires that any government entity established by or pursuant to an Act of the General Assembly that proposes to issue bonds that are industrial development bonds within the meaning of Section 103(b) of the Internal Revenue Code of 1954, as amended, shall, with respect to such bonds, comply with the procedures set forth in Virginia Code Sections 15.2-4906 and 15.2-4907; and, WHEREAS, the Authority has adopted a resolution recommending that the City Council approve the issuance of the Bonds and a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a reasonably detailed summary of the comments, if any, expressed at the public hearing and the Fiscal Impact Statement required by Virginia Code Section 15.2-4907 have been filed with the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia, that: 1. The City Council approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 379 2. As required by Section 36-19(9) of the Virginia Code, the City Council approves the Authority exercising its powers to issue bonds and to lend the proceeds thereof to the Foundation for the Project. 3. The City Council approves the issuance of the Bonds by the Authority, for the benefit of the Foundation, to the extent of and as required by Section 147(0 of the Internal Revenue Code, Chapter 514 of the 1983 Acts of the Virginia General Assembly, and Virginia Code Sections 15.2-4906 and 15.2-4907, to permit the authority to assist in the financing of the Project. 4. The approval of the issuance of the Bonds as required by Section 147(0 of the Internal Revenue Code, Chapter 514 of the 1983 Acts of the Virginia General Assembly, and Virginia Code Sections 15.2-4906 and 15.2-4907, does not constitute an endorsement to the prospective owners of the Bonds of the creditworthiness of the Project or the Foundation and the Bonds shall provide that neither the City of Roanoke nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and that neither the faith and credit nor the taxing power of the City of Roanoke is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. 5. In approving this resolution, the City of Roanoke, including its elected representatives, officers, employees and agents, shall not be liable, and hereby disclaim all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 6. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 38O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34172-021699. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund ADDroDriations Education CSRD Grant - Fallon Park School 98-99 (1-10) ....... CSRD Grant- Lincoln Terrace School 98-99 (11-18).. CSRD Grant - Roanoke Academy for Math & Science 98-99 (19-26) ................... Jobs for Virginia Graduates 98-99 (27-31) .......... 1999 Western Virginia Regional Science Fair (32-37). 1999 Liaison Committee Grant (38) ............... 115,936,903.00 50,000.00 50,000.00 $0,000.00 23,738.00 7,300.00 600.00 Revenue Education CSRD Grant - Fallon Park School 98-99 (39) ........ CSRD Grant - Lincoln Terrace School 98-99 (40) ..... CSRD Grant - Roanoke Academy for Math & Science 98-99 (41) ...................... Jobs for Virginia Graduates 98-99 (42-43) .......... 1999 Western Virginia Regional Science Fair (44-45).. 1999 Liaison Committee Grant (46) ................ 114,318,961.00 50,000.00 50,000.00 50,000.00 23,738.00 7,300.00 600.00 381 School Ca_oital Pro_iects Fund A_~_~ro_~riations Education Hurt Park Elementary Addition/Improvements (47-48) .................. Capital Improvement Reserve Public Improvement Bonds Series 1997 (49) ........ Revenue $ 27,353,752.00 1,309,937.00 $ (12,169,357.00) (8,928,474.00) Due from State - Literary Loan Funds (50) .......... $ 1) Compensation of Substitute Teachers 2) Supplements 3) Social Security 4) Mileage 5) Conventions/ Education 6) Testing/Evaluation Dissemination 7) Other Miscellaneous Payments 8) Inservice Workshops 9) Office Supplies 10) Educational and Recreational Supplies 11) Compensation of Substitute Teachers 12) Compensation of Teachers 13) Supplements 14) Social Security 15) Mileage 16) Testing/Evaluation Dissemination 17) Other Miscellaneous Payments (030-060-6166-6000-0021) $ (030-060-6166-6000-0129) (030-060-6166-6000-0201) (030-060-6166-6000-0551 ) (030-060-6166-6000-0554) (030-060-6166-6000-0584) (030-060-6166-6000-0586) (030-060-6166-6000-0587) (030-060-6166-6000-0601 ) (030-060-6166-6000-0614) (030-060-6167-6000-0021) (030-060-6167-6000-0121) (030-060-6167-6000-0129) (030-060-6167-6000-0201 ) (030-060-6167-6000-0551 ) (030-060-6167-6000-0584) (030-060-6167-6000-0586) 1,250,000.00 13,935.00 5,575.00 1,490.00 2,500.00 1,500.00 5,000.00 17,500.00 1,000.00 500.00 1,000.00 1,395.00 14,865.00 1,860.00 1,380.00 5,000.00 500.00 15,000.00 382 18) Educational and Recreational Supplies 19) Compensation of Substitute Teachers 20) Compensation of Teachers 21) Supplements 22) Social Security 23) Mileage 24) Testing/Evaluation Dissemination 25) Other Miscellaneous Payments 26) Educational and Recreational Supplies 27) Compensation of Teachers 28) Social Security 29) Mileage 30) Educational and Recreational Supplies 31) Additional Machinery and Equipment 32) Security Guard 33) Social Security 34) Other Professional Services 35) Conventions/ Education 36) Dues and Associate Memberships 37) Educational and Recreational Supplies 38) Food 39) Federal Grant Receipts 40) Federal Grant Receipts 41) Federal Grant Receipts (030-060-6167-6000-0614) $ (030-060-6168-6000-0021) (030-060-6168-6000-0121 ) (030-060-6168-6000-0129) (030-060-6168-6000-0201 ) (030-060-6168-6000-0551) (030-060-6168-6000-0584) (030-060-6168-6000-0586) (030-060-6168-6000-0614) (030-060-6714-6351-0121) (030-060-6714-6351-0201) (030-060-6714-6351-0551 ) (030-060-6714-6351-0614) (030-060-6714-6351-0821 ) (030-060-6994-6311-0195) (030-060-6994-6311-0201) (030-060-6994-6311-0313) (030-060-6994-6311-0554) (030-060-6994-6311-0581) (030-060-6994-6311-0614) (030-060~995-6311-0602) (030-060-6166-1102) (030-060-6167-1102) (030-060-6168-1102) 10,000.00 1,395.00 14,865.00 1,860.00 1,380.00 5,000.00 500.00 15,000.00 10,000.00 15,070.00 3,918.00 750.00 1,500.00 2,500.00 335.00 25.00 200.00 4,950.00 500.00 1,290.00 600.00 50,000.00 50,000.00 50,000.00 383 42) Local Match 43) Federal Grant Receipts 44) Local Match 45) Fees 46) State Grant Receipts 47) Appropriated from Bond Funds 48) Appropriated from Literary Loan Funds 49) Schools 50) Literary Loan - Hurt Park (030-060-6714-1101 ) (030-060-6714-1102) (030-060-6994-1101) (030-060-6994-1103) (030-060-6995-1100) (031-060-6896-9001) (031-060-6896-9006) (031-060-9706-9182) (031-060-6896-1195) $ 13,738.00 10,000.00 2,000.00 5,300.00 600.00 59,937.00 1,250,000.00 ( 59,937.00) 1,250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34173-021699. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 384 A_oDro.oriations Judicial Administration $ Clerk of Circuit Court (1) ........................ 4,494,710.00 1,180,385.00 Revenue Grants-in-Aid Commonwealth $ 40,447,178.00 Shared Expenses (2) ............................ 7,083,418.00 1) Fees for Professional Services (001-028-2111-2010) $ 9,515.00 2) Clerk of Circuit Court (001-020-1234-0616) 9,515.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34174-021699. A RESOLUTION authorizing acceptance of a Technology Trust fund grant from the Commonwealth of Virginia Compensation Board to be used in connection with upgrading certain record keeping functions to provide for Year 2000 compliance in the Office of Clerk of Circuit Court, 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: 385 1. The grant from the Commonwealth of Virginia Compensation Board, in the amount of $9,515.00 to be used in connection with upgrading certain record keeping functions to provide for Year 2000 compliance in the Office of the Clerk of Circuit Court, as set forth in the City Manager's report dated February 16, 1999, is hereby ACCEPTED. 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. All documents shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34175-021699. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D, & E; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D, & E, all as more fully set forth in the report to this Council dated February 16, 1999. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $250,944.29 to the contract, all as set forth in the above report. 386 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34176-021699. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General, City Information Systems and 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 1998-99 General, City Information Systems and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_~Dro_oriations Public Safety $ 40,240,936.00 Jail (1) ........................................ 8,439,283.00 Nondepartmental 61,490,060.00 Transfers to Other Funds (2) ...................... 60,684,941.00 387 Fund Balance Reserved for City - CMERP (3) .................... $ City_ Information Systems Fund Appropriations Capital Outlay Police and Jail Systems (4-5) .................... GIS Study (6) .................................. CAD-E911 Tax Funded Term Equipment (7) ......... Trust Fund Accounting (8) ....................... Public Safety Automation Project (9-10) ............ Retained Earnings Retained Earnings (11) .......................... $ Grant Fund 1,658,209.00 5,753,301.00 120,000.00 49,463.00 34.00 0.00 2,598,298.00 4,677,216.00 A_o_oropriations Public Safety Criminal Records Improvement (12-13) ............ Incident- Based Reporting Systems (14-16) ........ Revenue 1,778,693.00 216,525.00 20,825.00 Public Safety Criminal Record Improvements (17) ................ Incident - Based Reporting Systems (18) ............ $ 1,778,693.00 216,525.00 20,825.00 1) Reimbursements 2) Transfer to CIS 3) Reserved for City - CMERP 4) Appropriated from General Revenue 5) LAN Enhancements 6) Appropriated from General Revenue 7) Appropriated from General Revenue {001-024-3310-8005) $ (250,000.00) (001-004-9310-9513) (001-3323) (013-052-9801-9003) (013-052-9801-9203) (013-052-9804-9003) (013-052-9807-9003) 577,958.00 (327,958.00) (250,000.00) (180,000.00) (310,537.00) (332,453.00) 388 8) Appropriated from General Revenue 9) Appropriated from General Revenue 10) Appropriated from Federal Grant 11) Retained Earnings 12) Fees for Professional Services 13) Other Equipment 14) Supplies 15) Fees for Professional Services 16) Other Equipment 17) Criminal Records Improvements (013-052-9817-9003) $ ( (013-052-9831-9003) (013-052-9831-9002) (013-3336) ( (035-050-3405-2010) (035-050-3405-9015) (035-050-3406-2030) (035-050-3406-2010) (035-050-3406-9015) (035-050-3405-3405) 18) Incident Based Reporting (035-050-3406-3406) 10,000.00) 2,36O,948.00 237,350.00 700,000.00) 13,875.00 202,650.00 200.00 1,050.00 19,575.00 216,525.00 20,825.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34177-021699. AN ORDINANCE accepting the proposal of Printrak International, Inc., for all software and professional services to implement Phase I of the Automated Public Safety System, upon certain terms and conditions; accepting the bid of Printrak International, Inc., to provide computer aided dispatch hardware; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such software, hardware and services; rejecting all other proposals made to the City for the aforesaid software and professional services; and providing for an emergency. 389 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proposal from Printrak International, Inc., for all software, and professional services to implement Phase I of the Automated Public Safety System in the total amount of $2,017,172.00, as more particularly set forth in the City Manager's report dated February 16, 1999, to this Council, such proposal being in full compliance with the City's plans and specifications made therefor, which proposal is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The bid of Printrak International, Inc., being the only bid received for this project, in the total amount of $303,245.00, to provide computer aided dispatch hardware, to implement Phase I of the Automated Public Safety System, as more particularly set forth in the City Manager's report dated February 16, 1999, to this Council, such bid being in full compliance with the City's plans and specifications made therefor, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract in the total amount of $2,320,417.00 with the Printrak International, Inc., based on its proposal and bid 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 4. Any and all other proposals made to the City for the aforesaid software and professional 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. 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 ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 390 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34178-021699. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_~ro_oriations Public Safety $1,559,219.00 State Asset Forfeiture (1-2) ......................... 147,253.00 Revenue Public Safety State Asset Forfeiture (3) ......................... State Asset Forfeiture - Interest (4) .................. $ 1,559,219.00 137,545.00 9,708.00 1) Expendable Equipment 2) Other Equipment 3) State Asset Forfeiture 4) State Asset Forfeiture - Interest (035-050-3302-2035) $ (035-050-3302-9015) (035-035-1234-7133) (035-035-1234-7270) 7,876.00 10,000.00 14,662.00 3,214.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. David A. Bowers City Clerk Mayor 391 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34179-021699. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations Public Safety $1,631,706.00 Federally Forfeited Property Sharing Program (1) ...... 562,787.00 Revenue Public Safety Federally Forfeited Property Sharing Program (2) ..... Federally Forfeited Property Sharing Program - Interest (3) .................... $1,631,706.00 516,491.00 46,296.00 1) Investigations and Rewards 2) Federal Asset Forfeiture 3) Federal Asset Forfeiture - Interest (035-035-1234-7247) (035-050-3304-2150) (035-035-1234-7184) $ 72,487.00 68,866.00 3,621.00 392 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34180-021699. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium Title III-F (1-9) ................................... Incentive Award Title IIA (10-15) .................... Title II-A (16-23) ................................. Title II-C (24-29) .................................. Family Services (30-34) ........................... REVENUE Fifth District Employment & Training Consortium Title III-F (35~ ................................... Incentive Award Title IIA (36) ...................... $ 5,520,932.00 417,919.00 23,270.O0 376,374.00 58,189.00 19,795.00 5,520,932.00 417,919.00 23,270.00 393 Title II-A (37) .................................... $ Title II-C (38) .................................... Family Services (39) ............................. 1) Administrative Wages 2) Administrative Fringes 3) Administrative Travel 4) Administrative Supplies 5) Administrative Insurance 6) Administrative Miscellaneous 7) BRS Equipment 8) Tuition/Training 9) Support Service 10) Travel 11) Communications 12) Supplies 13) Equipment 14) Miscellaneous 15) Contractual Services 16) Administrative Wages 17) Administrative Fringes 18) Administrative Miscellaneous 19) Travel/Training 20) Supplies 21) Communications 22) Miscellaneous 23) Equipment 24) Administrative Wages 25) Administrative Fringes 26) Miscellaneous 27) Supplies 28) Tuition (034-054-9981-8350) (034-054-9981-8351) (034-054-9981-8352) (034-054-9981-8355) (034-054-9981-8356) (034-054-9981-8360) (034-054-9981-8496) (034-054-9981-8500) (034-054-9981-8461) (034-054-9964-8052) (034-054-9964-8053) (034-054-9964-8055) (034-054-9964-8059) (034-054-9964-8060) (034-054-9964-8357) (034-054-9961-8350) (034-054-9961-8351) (034-054-9961-8360) (034-054-9961-8032) (034-054-9961-8035) (034-054-9961-8053) (034-054-9961-8060) (034-054-9961-8059) (034-054-9963-8350) (034-054-9963-8351) (034-054-9963-8360) (034-054-9963-8055) (034-054-9963-8500) $ 12,500.00 3,125.00 2,500.00 2,500.00 1,500.00 9,265.00 1,500.00 112,000.00 6,500.00 2,000.00 500.00 1,500.00 5,000.00 10,000.00 4,270.00 500.00 75.00 429.00 2,000.00 500.00 2,000.00 3,000.00 2,963.00 1,500.00 375.00 267.00 1,000.00 3,500.00 376,374.00 58,189.00 19,795.00 394 29) Support Services 30) Administrative Wages 31) Administrative Fringes 32) Communications 33) Administrative Supplies 34) Miscellaneous 35) Title III-F 36) Incentive Award - Title II-A 37) Title II-A 38) Title II-C 39) Family Services (034-054-9963-8461) (034-054-9995-8350) (034-054-9995-8351) (034-054-9995-8353) (034-054-9995-8355) (034-054-9995-8360) (034-054-9981-9981) (034-054-9964-9964) (034-054-9961-9961) (034-054-9963-9963) (034-054-9995-9995) $ 1,761.00 14,280.00 2,920.00 100.00 1,019.00 1,476.00 151,390.00 23,270.00 11,467.00 8,403.00 19,795.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34181-021699. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for soliciting proposals for a new computerized traffic signal system for the central business district of the City and documenting the basis for this determination. WHEREAS, the City seeks to procure proposals for procurement of a new computerized traffic signal system for the central business district of the City; and 395 WHEREAS, this Council finds that the use of the procurement method of competitive negotiation will help the City to more fully consider and evaluate the relative qualifications of the respective proposers, will permit the proposers to demonstrate experience in the implementation of traffic signal systems, including construction, software development, integration, system management and related activities for systems similar in size and scope to the City's project, and will enhance the opportunity for selection of a contractor which can provide a quality signal system at the best economic value for the City; and WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation for other than professional services, rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to §23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and is not fiscally advantageous, for the reasons set forth above, for procurement of a computerized traffic signal system for the central business district of the City. 2. City Council directs that the procurement method known as competitive negotiation for other than professional services shall be used for such procurement, all as more fully set forth in the report to this Council dated February 16, 1999. determination. This Resolution shall document the basis for City Council's APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 396 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34186-021699. A RESOLUTION electing and appointing James D. Ritchie as Acting City Manager for the City of Roanoke effective at the close of business on April 9, 1999, and setting forth the terms and conditions of employment for Mr. Ritchie as Acting City Manager. WHEREAS, the City Council desires to elect and appoint James D. Ritchie as Acting City Manager pursuant to the Roanoke Charter of 1952 and general law of the Commonwealth; and WHEREAS, Mr. Ritchie has agreed to accept election and appointment as Acting City Manager; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. James D. Ritchie is hereby elected and appointed as Acting City Manager effective at 5:00 p.m., on April 9, 1999. 2. As Acting City Manager, Mr. Ritchie shall be paid a base bi-weekly salary of $4,423.08, payable at the same time as other employees of the City. 3. The Director of Finance is hereby directed to pay to the International City Management Association Retirement Corporation Deferred Compensation Plan (ICMA) as deferred compensation on behalf of Mr. Ritchie the amount of $3,750.00 should Mr. Ritchie serve six (6) months as Acting City Manager. Should Mr. Ritchie be serving as Acting City Manager on January 1, 2000, then the Director of Finance shall pay deferred compensation of $7,500.00 to ICMA on Mr. Ritchie's behalf. 4. As Acting City Manager, Mr. Ritchie shall receive a salary supplement of $76.92 per pay period for use of his privately owned or leased motor vehicle in the conduct of City business. 5. All other terms and conditions of Mr. Ritchie's employment shall be the same as for other similarly situated City employees. 397 6. As Acting City Manager, Mr. Ritchie's duties, responsibilities and powers and his removal shall be governed by the Roanoke Charter of 1952, the Constitution of Virginia, Code of Virginia (1950), as amended, and the Code of the City of Roanoke (1979), as amended. 7. Mr. Ritchie shall make arrangements to qualify for office by taking the required oath of office prior to 5:00 p.m., on April 9, 1999. 8. Mr. Ritchie shall perform the duties and responsibilities of Acting City Manager until such time as a successor Acting City Manager or City Manager is elected or appointed by this Council through duly adopted resolution. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1999. No. 34187-021699. A RESOLUTION electing and appointing William X Parsons as Acting City Attorney for the City of Roanoke effective April 1, 1999, and setting forth the terms and conditions of employment for Mr. Parsons as Acting City Attorney. WHEREAS, the City Council desires to elect and appoint William X Parsons as Acting City Attorney pursuant to the Roanoke Charter of 1952 and general law of the Commonwealth; and WHEREAS, Mr. Parsons has agreed to accept election and appointment as Acting City Attorney; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 398 1. William X Parsons is hereby elected and appointed as Acting City Attorney effective at 12:01 A. M., on April 1, 1999. 2. As Acting City Attorney, Mr. Parsons shall be paid a base bi- weekly salary of $3,653.85, payable at the same time as other employees of the City. 3. The Director of Finance is hereby directed to pay to the International City Management Association Retirement Corporation Deferred Compensation Plan (ICMA) as deferred compensation on behalf of Mr. Parsons the amount of $3,750.00 should Mr. Parsons serve six (6) months as Acting City Attorney. Should Mr. Parson be serving as Acting City Attorney on January 1, 2000, then the Director of Finance shall pay deferred compensation of $7,500.00 to ICMA on Mr. Parsons' behalf. 4. As Acting City Attorney, Mr. Parsons shall receive a salary supplement of $76.92 per pay period for use of his privately owned or leased motor vehicle in the conduct of City business. 5. All other terms and conditions of Mr. Parsons' employment shall be the same as for other similarly situated City employees. 6. As Acting City Attorney, Mr. Parsons' duties, responsibilities and powers and his removal shall be governed by the Roanoke Charter of 1952, the Constitution of Virginia, Code of Virginia (1950), as amended, and the Code of the City of Roanoke (1979), as amended. 7. Mr. Parsons shall make arrangements to qualify for office by taking the required oath of office prior to April 1, 1999. 8. Mr. Parsons shall perform the duties and responsibilities of Acting City Attorney until such time as a successor Acting City Attorney or City Attorney is elected or appointed by this Council through duly adopted resolution. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 399 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34182-030199. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 341, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, John G. McLeod and Kathryn L. McLeod, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §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 16, 1999, 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. 341 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land containing 3.83 acres, located at 2619 Belle Avenue, N.E., and designated on Sheet No. 341 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3410307, 3410306, 3410305, 3410304, 3410303 and 3410302, be, and are hereby rezoned from RM-1, Residential Multifamily, Low 400 Density District, to C-1, Office District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on December 21, 1998, and that Sheet No. 341 of the Zone Map be changed in this respect. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34183-030199. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 144, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Lindymack Corporation, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §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 16, 1999, 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 401 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. 144 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S.W., and designated on Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1440607, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on December 23, 1998, and that Sheet No. 144 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34184-030199. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Lonza Kingery, Joseph Andrews and Mary Andrews 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 402 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 February 16, 1999, 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 alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N.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. 403 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 for 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 applicant, and the name of any other party in interest who may so request, as Grantee, 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 Engineer shall, upon receiving the afore-mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six 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 C. Nelson Harris Vice-Mayor 404 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34185-030199. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and The Hertz Corporation for use of a 2.0-acre parcel of City-owned land at 1302 Municipal Road, N.W., for said corporation's maintenance, servicing and storage facilities, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with The Hertz Corporation for use of a 2.0-acre parcel of City- owned land at 1302 Municipal Road, N.W., for said corporation's maintenance, servicing and storage facilities, for a term of five (5) years, effective beginning December 1, 1998 and ending November 30, 2003, at a total lease fee of $118,319.00 over the five-year period, upon such terms and conditions as more particularly described in the report to this Council from the Water Resources Committee dated February 1, 1999. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34188-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 405 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A.~_oro.oriations General Government Juvenile Detention (1) .......................... Jefferson Center Performance Hall (2) ............ 17,632,030.00 700,000.00 1,200,000.00 1) Appropria~dfrom Bond Funds 2) Appropria~dfrom Bond Funds (008-052-9686-9001) (008-052-9720-9001 ) $ (800,000.00) 800,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34189-030199. A RESOLUTION of the City Council of the City of Roanoke, Virginia, reallocating $800,000 of the proceeds of its General Obligation Public Improvement Bonds, Series 1994, from its Juvenile Detention Home to the Jefferson Center. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Findings and Determinations. The City Council of the City of Roanoke, Virginia, hereby finds and determines as follows: 406 (a) On February 1, 1994, the City issued $35,800,000 principal amount of General Obligation Public Improvement Bonds, Series 1994, dated January 1, 1994 (the Series 1994 Bonds). (b) Of the proceeds of the sale of Series 1994, $1,500,000 of such proceeds were contemplated to be applied to the costs of improvements to the City's Juvenile Detention Home. (c) Subsequent to the issuance of the Series 1994 Bonds, there was created the Roanoke Valley Detention Commission as a public body corporate of the Commonwealth of Virginia for the purpose of acquiring the Juvenile Detention Home from the City and owning and operating the same as a regional juvenile detention home on behalf of the members of such Commission, including the City. (d) In view of the foregoing, the Council hereby (i) determines that the $1,500,000 of the proceeds of sale of the Series 1994 Bonds allocated to the City's Juvenile Detention Home are no longer needed for such purpose; and (ii) determines to reallocate $800,000 of such amount to the Jefferson Center. 2. Reallocation of Series 1994 Bond Proceeds from the Juvenile- Detention Home to the Jefferson Center. The Council hereby reallocates to the payment of the costs of the acquisition, construction, improvement and equipping of the Jefferson Center $800,000 of the proceeds of sale of the Series 1994 Bonds heretofore allocated to the payment of the costs of improvements to the City's Juvenile Detention Home. 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor 407 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34190-030199. A RESOLUTION authorizing an amendment to the Agreement between the City and the Jefferson Center Foundation, Ltd., dated December 3, 1998, such Amendment providing for the City's payment of $2.8 million, $400,000.00 of which has already been paid, to the Jefferson Center Foundation, Ltd.,for the Performance Hall project, upon certain terms and conditions. WHEREAS, by Agreement between the City of Roanoke (City) and Jefferson Center Foundation, Ltd. (JCF), dated December 3, 1998, authorized by Ordinance No. 34084-111698, adopted November 16, 1998, the City agreed to provide funding to JCF in an amount not to exceed $2,000,000.00 for the renovation of the Performance Hall in the City-owned Jefferson Center; WHEREAS, $400,000.00 was paid to JCF by the City pursuant to the December 3, 1998, Agreement; WHEREAS, this Council is now desirous of increasing its contribution to JCF for the Performance Hall project to a total of $2.8 million of which $400,000.00 has been paid, and Council desires to enter into an Amendment to its December 3, 1998, Agreement with JCF providing for the terms and conditions and payment schedule with respect to the City's contribution to the Performance Hall project; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, an Amendment to the Agreement between the City and JCF, dated December 3, 1998, such Amendment providing for the terms and conditions of the City's provision to JCF of total funding of $2.8 million for the renovation of the Performance Hall in the City-owned Jefferson Center, $400,000.00 of the City's total obligation having already been paid to JCF. 2. Such Amendment shall contain such other terms and conditions as are more particularly described in the report of the City Manager to this Council, dated March 1, 1999, a copy of which is on file in the Office of City Clerk, and the form of the Amendment shall be approved by the City Attorney. 408 ATTEST: Mary F. Parker City Clerk This resolution shall take effect upon its adoption. APPROVED C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34191-030199. A RESOLUTION authorizing the Third Amendment to the Roanoke Valley Resource Authority Members Use Agreement. WHEREAS, the Roanoke Valley Resource Authority (the "Authority"), the County of Roanoke, Virginia (the "County"), the City of Roanoke, Virginia (the "City") and the Town of Vinton, Virginia (the "Town") entered into the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated June 1, 1992 (the "First Amendment"), and the Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated December 2, 1996 (the "Second Amendment"), among the Authority, the County, the City and the Town under which the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment (the "System"), and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WHEREAS, the Authority issued its $33,830,000.00 Solid Waste Revenue Bonds, Series 1992 (the "1992 Bonds") to finance the System; and, WHEREAS, the Authority issued its $10,000,000.00 Revenue Refunding Bond, Series 1998, and its $10,000,000.00 Revenue Refunding Bond, Series 1999, (the "Refunding Bonds") to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar Bank (the "Bank"); and, 409 WHEREAS, the Bank has requested that the Authority and the Charter Members enter into a Third Amendment to Members Use Agreement (the "Third Amendment") in order to provide that the provisions of the Members Use Agreement, as amended by the First Amendment and the Second Amendment, applicable to the 1992 Bonds shall also be applicable to the Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. Approval of Amendment. The City Council hereby approves the Third Amendment in substantially the form on file with the Clerk to the City Council. The City Manager and such officers and agents as he may designate are authorized and directed to execute and deliver the Third Amendment and the Clerk to the City Council is authorized to seal and attest the Third Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. 2. Effective Date. This Resolution shall take effect immediately. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34192-030199. A RESOLUTION accepting bids made to the City for furnishing and delivering dump 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: 410 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 Description Successful Bidder Total Purchase Price 3 new 10 ton dump truck cab/chassis Magic City Motor Corporation $146,226.00 3 new 10 ton dump truck bodies Roanoke Welding, Inc. $23,700.00 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said 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. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34193-030199. A RESOLUTION accepting bids made to the City for furnishing and delivering motor vehicles 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: 411 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 Description Successful Bidder Total Purchase Price 1 new full size 4-door automobile Magic City Motor Corporation $19,703.35 18 new full size 4-door marked police Magic City Motor Corporation. $368,967.60 automobiles 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said 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. APPROVED Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34194-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 412 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_~roDriations Public Safety $1,542,924.00 Local Law Enforcement Block Grant 97-99 (1) ......... 142,707.00 Revenue Public Safety $1,542,924.00 Local Law Enforcement Block Grant 97-99 (2) ......... 142,707.00 1) Overtime Wages 2) Local Law Enforcement Block Grant - Interest (035-050-3311-1003) (035-035-1234-7280) $1,581.00 1,581.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34195-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 413 A0_~ro_oriations Health and Welfare Health Department (1) ............................ Social Services (2-3) ............................. Revenue $ 24,822,545.00 964,507.00 8,039,004.00 Grants-in-Aid Commonwealth $ 41,261,663.00 Social Services (4-5) ............................. 18,417,862.00 1) Subsidies 2) A.D.C. Foster Care 3) Daycare Services 4) Foster Care 5) Day Care (001-054-5110-3700) (001-054-5314-3115) (001-054-5314-3159) (001-020-1234-0675) (001-020-1234-0686) S(16,000.00) 340,000.00 500,000.00 340,000.00 484,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34196-030199. AN ORDINANCE adopting a Public Rights-of-Way Use Fee pursuant to §56-468.1 of the Code of Virginia (1950), as amended; directing the City Clerk to notify certificated providers of local exchange telephone service within the City of the adoption of such Public Rights-of-Way Use Fee; and providing for an emergency. WHEREAS, the Virginia General Assembly has enacted a Public Rights- of-Way Use Fee, §56-468.1; and 414 WHEREAS, §56-468.1 sets forth in detail the manner in which the Public Rights-of-Way Use Fee is to be calculated for the benefit of localities in the Commonwealth, the extent of its application, the method and means of billing and collecting said fee, and the transmission of the appropriate amount to this jurisdiction and other localities; and WHEREAS, the City of Roanoke has elected to adopt the Public Rights- of-Way Use Fee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding any other provision of law, including its Charter, or any other ordinance or resolution, the City of Roanoke hereby adopts the Public Rights-of-Way Use Fee provided for in §56-468.1 of the Code of Virginia (1950), as amended. The collection and transmission of such fee by certificated providers of local exchange telephone service within the City will commence as of the fiscal year starting July 1, 1999, in accordance with the provisions of the statute, all as more fully set forth in the report to this Council dated March 1, 1999. 2. The terms used in this ordinance shall have the same meaning as those used in §56-468.1 of the Code of Virginia (1950), as amended. 3. The Public Rights-of-Way Use Fee hereby adopted by the City applies only to those fees provided for by §56-468.1 as of July 1, 1999, and any and all other obligations, duties, or agreements of or by certificated providers of telecommunications services existing under franchises, licenses, ordinances, resolutions, agreements, code sections, or other forms of consent shall remain in full force and effect. 4. The City Clerk is directed to give notice in writing of the City's adoption of the Public Rights-of-Way Use Fee and this ordinance by certified mail to the registered agent of each certificated provider of local exchange telephone service within the City. 415 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 C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34198-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_~ropriations Other Infrastructure $ 1998 Regional Mitigation Grant Project (1-3) ........ Capital Improvement Reserve $ Public Improvement Bonds - Series 1996 (4) ........ Revenue Due from State (5) .............................. $ Due from Federal (6) ............................ 23,191,844.00 760,980.00 11,343,874.00 2,644,959.00 1,854,692.00 1,203,942.00 416 1) Appropriated from Bond Funds 2) Appropriated from State Grants 3) Appropriated from Federal Grants 4) Storm Drains (008-056-9658-9001) (008-056-9658-9007) (008-056-9658-9002) (008-052-9701-9176} 5) Virginia Department of Emergency Services- 1998 Regional Mitigation Grant 6) Federal Emergency Management Assistance - 1998 Regional Mitigation Grant 150,000.00 37,500.00 573,480.00 (150,000.00) (008-1238) 37,500.00 (008-1239) 573,480.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34199-030199. AN ORDINANCE approving the City of Roanoke Floodplain Management Acquisition Policy; authorizing the City Manager or his designee to execute the appropriate documents to implement this program; authorizing the City Manager or his designee to accept certain federal and/or grant or aid funds and to execute any required documentation to accept those funds; authorizing the fee simple acquisition of certain properties in conformance with the acquisition policy; authorizing the City Manager or his designee to fix a certain limit on the consideration to be offered by the City for such properties; authorizing the City Manager or designee to make future applications for federal and state aid for the Flood Management Acquisition Program; and providing for an emergency. 417 WHEREAS, the City of Roanoke has a number of structures and properties which are currently located in floodplain management acquisition policy or program; and WHEREAS, in December 1998, the City became a participant in the Federal Emergency Management Agencies new program entitled "Project Impact;" WHEREAS, in December 1998, the City was notified that the City had been approved for a regional mitigation grant project that will provide for the purchase of certain structures within the City; and WHEREAS, it is likely that the City will be approved for future grants for flood mitigation purposes and it would be advantageous to have a floodplain management acquisition policy or program in plane under which all the floodplain management acquisitions may be handled. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. This Council approves and adopts the City of Roanoke Floodplain Acquisition Policy and program dated February 16, 1999, as set forth in the attachment in the Water Resources Committee report number 99-302 to this Council dated March 1, 1999. 2. The City Manager, or his designee is hereby authorized to execute any appropriate or necessary documents in form approved by the City Attorney to implement this policy and program. 3. The City Manager or the Assistant City Manager and the City Clerk are authorized to provide, execute and attest, respectively, any necessary documents required to accept and implement the 1998 Mitigation Grant Project Funds referred to in the above report to this Council, and to provide any additional information or documents as may be required by state or federal agencies in connection with the City's acceptance of those grant funds. 4. The proper City officials are authorized to acquire for the City in accordance with the City of Roanoke Flood Plain Management Acquisition Policy and Program the fee simple interest of property as identified in the Water Resources Committee report and attachments thereto dated March 1, 1999. Council hereby approves the specific acquisition and purchase of all properties listed on attachment one of that report and designated as properties 1 through 14 on that attachment. Council further approves and authorizes the substitution, subject to FEMA approval, of properties listed on attachment one as properties 15 through 18 in a flood depth priority order should any of the property owners 4 through 13 choose not to 418 participate in the acquisition program. Council also approves and authorizes the purchase of the property listed on attachment one as property 19, subject to a grant approval by FEMA and acceptance of the grant by the City. Such acquisition shall be for such consideration as deemed appropriate by the City Manager, subject to certain limitations and applicable statutory guidelines, as more specifically set forth in the Water Resources Report and attachments thereto to this Council dated March 1, 1999. Upon the acceptance of any offer and upon delivery to the City of a deed or option, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed. 5. The total amount of City funds to be expended for this particular aspect of the program as set forth in the Water Resources Report to this Council dated March 1, 1999, shall not exceed $150,000.00 without additional authorization by this Council. 6. In furtherance of the City of Roanoke Floodplain Acquisition Policy Program, the City Manager or his designee, is authorized to provide and execute on behalf of the City, any documents necessary or required in connection with the future applications for federal or state grant or aid funds that might be able to be used for the acquisition program; provided, however, that the acceptance of any such grant or aid funds will be subject to Council approval and to appropriate funding should any matching funds be required for such grant or aid funds. 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 upon its passage. APPROVED Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor 419 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34200-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Garden City Phase 3 - Culvert Replacement (1) ...... Streets and Bridges Andrews Road (2 ............................. Sanitation Murdock Creek Drainage Improvements (3) ......... Blue Ridge Park for Industry Channelization (4) ..... Barnhart Drive Improvements (5) ................. Belle Aire Circle Storm Drain Project (6) ........... Thomason Road Bridge Account (7) ............... Garden City Phase 7 - Storm Drain Project (8) ....... Capital Improvement Reserve Public Improvement Bonds - Series 1992 (9) ........ 17,652,030.00 155,500.00 23,283,447.00 612,750.00 1,335,994.00 95,000.00 60,600.00 43,000.00 20,000.00 35,000.00 20,000.00 11,378,874.00 213,640.00 1) Appropria~dfrom Bond Funds 2) Appropria~dfrom Bond Funds 3) Appropria~dfrom Bond Funds 4) Appropria~dfrom Bond Funds 5) Appropria~dfrom Bond Funds 6) Appropria~dfrom Bond Funds (008-052-9692-9001) (008-052-9543-9001) (008-052-9691-9001) (008-052-9582-9001 ) (008-052-9568-9001) (008-052-9581-9001 ) $ 20,000.00 5,000.00 30,000.00 10,000.00 5,000.00 5,000.00 420 7) Appropriated from Bond Funds 8) Appropriated from Bond Funds 9) Storm Drains (008-052-9690-9001) (008-052-9693-9001) (008-052-9700-9176) $ 20,000.00 20,000.00 (115,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34201-030199. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain storm drainage improvements in connection with the Capital Improvement Program ("ClP") Drainage Program; authorizing the City Manager to fix a certain 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; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; authorizing execution of a Permit Agreement with the railroad containing indemnification language; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For certain storm drainage improvements in connection with the ClP Drainage Program, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, and indemnification of the railroad of liability related to construction, removal, replacement, and maintenance of the drainage facilities, as more specifically set forth in the report and attachments thereto, to this Council dated March 1, 1999, on file in the Office of the City Clerk. The owners of the property as identified by the attachments are based on the best information available 421 to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, 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. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consideration as he deems appropriate for the necessary interests, provided, however, the total consideration offered or expended, including closing costs, title search fees, appraisal costs, and recordation fees, shall not exceed $115,000.00 without further authorization of Council. Upon the acceptance of any 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 respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest 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. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 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 C. Nelson Harris Vice-Mayor 422 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34202-030199. AN ORDINANCE providing for the acquisition of a vacant lot known as 411 Fifth Street, S.W., and identified by Roanoke City Tax Map No. 1113413, authorizing the proper City officials to execute and attest any necessary documents for this acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Employee/Jefferson Center Parking Project, the City wants and needs fee simple title to a vacant lot known as 411 Fifth Street, S.W., and identified by Roanoke City Tax Map No. 1113413, as more specifically set forth in the report and attachments thereto to this Council dated March 1, 1999. The proper City off~cials are authorized to execute and attest the necessary documents, in form approved by the City Attorney, to acquire for the City from the respective owner the fee simple title to the parcel, for a consideration not to exceed $26,500.00. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of the real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest 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. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 423 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 ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34197-031599. AN ORDINANCE removing and eliminating the authorization for the installation, maintenance, and use of parking meters on City property by amending §4-7, Same - Same - Parking Violations, §20-65, Parking Prohibited in Specified Places, §20-68, Time Limitations on Parkin?, §20-69, Parking Regulations on Property of Virqinia Western Community_ Colleqe §20-76, Parkinq S_~aces Reserved for Persons with Disabilities, §20-88, Duties of Police Officers, and §21-22, Fraudulent Use of Pay Phones, Parking Meters, and other Coin-Operated Machines; by repealing, §4-5, Re_~ulation of Vehicular and Pedestrian Traffic - Powers and Duties of City Manager, ~4-8, Dama~in_~. Tam_oering with etc., Parking Metem, §20-77, Parking Meter Zones, §20-77.1, Parking meter zones at Virginia Western Community College, §20-78, Installation and Operation of Parking Meters; Time Limits; Rate=, §20-79, How Parking Meters and Space to be Used; Overtime Parkin~h §20-80, Manner of Parkin._q Vehicles at Spaces with Meters, §20-81, Exem_~tions from Certain Rea_uirements of Parking Meter Regulationn, §20-82, Use of Slugs, §20-83, Injuring or Tampering with Meters, §20-84, Effect of Division on Other Parking Regulation.=. §20-114, Metering of Unasskjned Space% of the Code of the City of Roanoke (1979), as amended, and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 4-7, Same - Same - Parking Violations; Section 20-65, Parking Prohibited in S_~ecified Place-~; Section 20-68, Time Limitations on Parkin_n; Section 20-69, Parkincj Regulations on Property of Virginia Western Community 424 College; Section 20-76, Parking S_r)aces Reserved for Persons with Disabilities; §20- 88, Duties of Police Officers; and Section 21-22, Fraudulent Use of Pay Phones, Parking Meters. and other Coin-Or)erated Machines, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: §4-7. Same - Same - Parking Violations. (a) It shall be unlawful for any person to park or stop a vehicle or allow the same to remain standing or stopped in any area where, at the time, parking, stopping or standing is prohibited and signs or markers to that effect have been erected or installed pursuant to section 4-5(d)(2) or 4-5(d)(3). §20-65. Parking Prohibited in S_r)ecified Places. (13) In front of the entrance of any church, theater, public building or other place where audiences are assembled, during the hours of service, entertainment or performance, or when otherwise occupied by the public, except when parked in accordance with official signs,, or during marriage ceremonies or funerals, when parking in front of the entrance to a church will be permitted. §20-68. Time Limitations on Parkin(~. Whenever parking is limited to a specified length of time by this chapter or by rule or regulation of the city manager pursuant to section 20-7 of this chapter on certain streets and highways of the city, and such limitation has been duly posted by signs erected on such streets so as to be clearly visible to a reasonably observant person, it shall be unlawful for any person to park a vehicle or allow the same to remain standing or stopped at any such place for a period of time in excess of that indicated on such sign. §20-69 Parking regulations on _oro_r)erty of Virginia Western Community_ College. 425 (d) It shall be unlawful, whenever parking is limited to a specified length of time in an area designated by the governing authorities or authorized administrative authorities of the aforesaid college, and such limitation has been duly posted by signs or markers erected so as to be clearly visible to a reasonably observant person, for any person to park a vehicle or allow the same to remain standing or stopped at any such place for a period of time in excess of that indicated on such sign or marker. (e) The operator of any vehicle owned by the State or the United States of America, while engaged in governmental activity, may park such vehicles for a period not to exceed fifteen (15) minutes. (f) Any operator who displays in the window of his vehicle a special vehicle parking permit for handicapped persons issued pursuant to the Code of Virginia may park such vehicle for up to four hours in parking zones otherwise restricted as to length of parking time permitted. (g) The provisions of this section may be enforced by persons appointed as conservators of the peace under the provisions of section 19.2-13, Code of Virginia (1950), as amended. (h) This section is enacted pursuant to the provisions contained in section 15.2-968, Code of Virginia (1950), as amended. The placing and maintenance of all signs and other such markings shall be the responsibility of the college and, likewise, the primary responsibility for enforcement of the provisions of this section shall rest upon the authorities of said college pursuant to the provisions of section 19.2-13 of the aforesaid Code of Virginia. (i) No person shall park or leave standing any vehicle not displaying a license plate, decal or special permit issued under section 46.2-731, 46.2-739 or 46.2-1241, Code of Virginia (1950), as amended, in a parking space reserved for handicapped persons on the property of Virginia Western Community College. §20-76. Parking_ S_~aces Reserved for Persons with Disabilities. (c) A disabled person, vehicle owner or volunteer for an institution or organization to which disabled parking license permits, organizational removable windshield placards, permanent windshield 426 placards or temporary windshield placards are issued or any person to whom disabled parking license plates have been issued under section 46.2-739, Code of Virginia (1950), as amended, shall be allowed to park the vehicle on which such license plates or placards are displayed for up to four (4) hours in parking zones restricted as to length of parking time permitted. This subsection shall not apply to any provision of this chapter which creates parking zones for special types of vehicles nor shall it apply to any provision of this chapter which prohibits parking during heavy traffic periods, during specified rush hours or where parking would clearly present a traffic hazard. §20-88. Duties of DolJce officer~. Each police officer charged by the city with the duty of enforcing the sections of the preceding two (2) divisions of this chapter shall, upon finding a violation thereof, take the state license number of any vehicle in violation, and the length of time during which such vehicle is parked in violation of a provision of this chapter, and report the same to the police department and make a proper complaint touching such violation. Each such officer shall attach to such vehicle a written notice, upon form approved by the city manager, to the owner or operator thereof that the vehicle has been parked in violation of a specific provision of a section of the preceding two (2) divisions of this chapter. Such notice shall instruct the owner or operator when and where to report with reference to the violation. §21-22. Fraudulent Use of Pay Phones, and other Coin-Operated Machines. (a) No person shall operate, cause to be operated or attempt to operate or cause to be operated any coin box telephone, vending machine or other machine that operates on the coin-in-the-slot principle, whether of like kind or not, designed only to receive lawful coin of the United States of America, in connection with the use or enjoyment of telephone or telegraph service, parking privileges or any other service, or the sale of merchandise or other property, by means of a slug or any false, counterfeit, mutilated, sweated or foreign coin, or by any means, methods, trick or device whatsoever, not authorized by the owner, lessee or licensee of such coin box telephone, vending machine or other machine. 427 (b) No person shall obtain or receive telephone or telegraph service, parking privileges, merchandise or any other service or property from any such coin box telephone, vending machine or other machine, designed only to receive lawful coin of the United States of America, without depositing in or surrendering to such coin box telephone, vending machine or other machine lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such coin box telephone, vending machine or other machine. 2. Section 4-5, Re~_ulation of Vehicular and Pedestrian Traffic - Powers and Duties of City Manager; Section 4-8, Dama_~ing, Tampering with etc., Parking Meters; Section 20-77, Parking Meter Zones; Section 20-77.1, Parking meter zones at Virginia Western Community College; Section 20-78, Installation and O_oeration of Parking Meters; Time Limits; Rate~; Section 20-79, How Parking Meters and Space to be Used; Overtime Parkinn_; Section 20-80, Manner of Parking Vehicles at SDaces with Meters; Section 20-81, Exem_otions from Certain Requirements of Parkin~l Meter Regulations; Section 20-82, Use of Slugs; Section 20-83, Injuring_ or Tampering with Meters; Section 20-84, Effect of Division on Other Parkincj Regulations; and Section 20-114, Metering of Unassi~_ned Spaces, Code of the City of Roanoke (1979), as amended, are hereby repealed. 3. This ordinance shall be in full force on and after May 1, 1999. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 428 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34203-031599. A RESOLUTION recognizing the meritorious services rendered to this City by W. Robert Herbert, City Manager. WHEREAS, W. Robert Herbert, City Manager, has announced his resignation effective April 9, 1999, and Mr. Herbert has served the City in exemplary fashion in several capacities for more than 19 years, including service as Director of Administration and Public Safety, from November, 1979, to October, 1981, Assistant City Manager from October, 1981, to July, 1985, Acting City Manager from July, 1985, to November, 1985, and City Manager from November 20, 1985, to present; WHEREAS, Mr. Herbert's tenure as City Manager has been marked by unparalleled progress for this community and its people, and under Mr. Herbert's leadership as City Manager, the City received the All America City Award in 1988 and 1996; WHEREAS, Mr. Herbert directed the City's response to and recovery from the terrible flood of 1985, and since that time has led the City's efforts to deal with storm water management in a proactive manner through construction of projects such as the $18 million Williamson Road Project as well as the Peters Creek Project; WHEREAS, Mr. Herbert has also provided the leadership instrumental to construction of infrastructure to meet the needs of the Roanoke Valley for many years into the new century, including a new Terminal at the Roanoke Regional Airport completed in 1989, a new Regional Landfill, which will meet the needs of the Roanoke Valley for sixty years, and related Transfer Station completed in 1994, $31 million in water system improvements that will meet the City's water needs for forty years completed in 1995, and commencement of $40 million in improvements to the Sewage Treatment Plant and sewer interceptors; WHEREAS, Mr. Herbert has been a pioneer in encouraging citizen involvement in City government's decision making process, and the Roanoke Neighborhood Partnership is a national model of a successful citizen involvement program consisting of twenty-five neighborhood groups and three business partners; 429 WHEREAS, Mr. Herbert played an instrumental role in the Hotel Roanoke and Conference Center Project which brought together a partnership of the City of Roanoke, Virginia Tech, Renew Roanoke, a private foundation, and Doubletree Hotels for renovation of the Hotel Roanoke and construction of a new, state of the art, adjoining, publicly-owned Conference Center; and WHEREAS, Mr. Herbert has given unselfishly of his time and ability and served the City with the utmost loyalty and devotion, displaying the highest professionalism and competence, and, in particular, attributes of honesty, integrity, intelligence, articulateness, organizational skill and high work ethic; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding professional services rendered to this City by W. Robert Herbert City Manager. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34204-031599. A RESOLUTION recognizing the outstanding service rendered to the City by Wilburn C. Dibling, Jr., City Attorney. WHEREAS, Wilburn C. Dibling, Jr., has served as City Attorney since January 1977 after serving as an Assistant Attorney General of Virginia for approximately 6 years; WHEREAS, Mr. Dibling is past-President of the Local Government Attorneys of Virginia, which has presented Mr. Dibling with its Meritorious Service Award and the Association's Edward J. Finnegan Distinguished Service Award for distinguished service to community, Commonwealth, and the legal profession; 430 WHEREAS, Mr. Dibling has served as Chairman of the Section on Local Government Law of the Virginia State Bar and as Chairman of the Effective Government Committee of the Virginia Municipal League; WHEREAS, Mr. Dibling has held many positions of statewide importance, including service on the Governor's Advisory Commission on the Dillion Rule and Local Government and the Virginia Code Commission Task Force on Title 15.1 (Local Government Law); WHEREAS, Mr. Dibling recently served as the Chairman of the Local Government Attorneys of Virginia Ad Hoc Committee on the Freedom of Information Act; WHEREAS, Mr. Dibling is currently President-Elect of the Roanoke Bar Association; WHEREAS, Mr. Dibling has been a devoted servant of the law and of the City of Roanoke and has given unselfishly of his time and abilities while displaying the highest degree of professionalism and competence; WHEREAS, by practicing preventive law, Mr. Dibling has skillfully guided the City's legal affairs and furthered and protected the legal interests of the City; and WHEREAS, Mr. Dibling will be greatly missed by this Council and by the officers and employees of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this Resolution as a means of recognizing and commending the outstanding professional services rendered to the City by Wilburn C. Dibling, Jr., City Attorney. APPROVED ATTEST: City Clerk Mayor 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34205-031599. A RESOLUTION memorializing the late E. Laban Johnson, Jr. WHEREAS, the members of Council have learned with regret of the passing of E. Laban Johnson, Jr., on March 2, 1999; WHEREAS, Mr. Johnson commenced his career in education in 1964 when he began teaching drama at Jefferson High School and thereafter at Patrick Henry High School; WHEREAS, while at Patrick Henry High School, Mr. Johnson oversaw the design of the Clara Black Auditorium and incorporated his knowledge of theater production into various architectural improvements for the building; WHEREAS, Mr. Johnson performed in and directed numerous live performances and was much loved by Roanoke audiences; WHEREAS, in 1985, Mr. Johnson assumed the position of first Special Events Coordinator for the City of Roanoke, a capacity in which he has served until his retirement in 1996; WHEREAS, as Special Events Coordinator, Mr. Johnson supervised and directed the operations of numerous major events, including large festivals that attracted thousands of tourists to the City; WHEREAS, Mr. Johnson served on numerous boards and committees of area arts organizations and was an ambassador of good will for the City; WHEREAS, Mr. Johnson, for a number of years, had his own radio and television shows which were widely successful; and WHEREAS, Mr. Johnson was perhaps best known as the co-host of "Cooking Cheap", an internationally syndicated, comedy cooking show, produced in Roanoke; WHEREAS, upon his retirement in 1996, City Council designated the amphitheatre in Elmwood Park as the Laban Johnson Amphitheatre; and 432 WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this resolution as a means of recording its deepest regrets at the passing of E. Laban Johnson, Jr., and extends to his family and friends the sympathy of this Council. 2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Johnson's cousins, Barbara Carden Hawkins of Roanoke, George W. Carden, Jr. of Virginia Beach, and Terry B. Carden of Virginia Beach, and Marian Wilburn of Castlewood. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34206-031599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Education Facilities (1-5) ................................ Student Success Mini-Grants 99 (6-8) ............. Revenue 116,023,270.00 1,478,497.00 30,000.00 433 Education Student Success Mini-Grants 99 (9) .............. Fund Balance $ 114,348,961.00 30,000.00 Reserved for CMERP - Schools (10) ............... $ 630,843.00 1) Additions-Machinery and Equipment 2) Additions-Machinery and Equipment 3) Additions-Machinery and Equipment 4) Replacement-Other Capital Outlays 5) Buildings 6) Supplements 7) Social Security 8) Inservice Supplies 9) Fees 10) Reserved for CMERP-Schools (030-060-6006-6109-0821) $ 2,000.00 (030-060-6006-6681-0821) (030,060-6006-6682-0821) (030-060-6006-6896-0809) (030-060-6006-6896-0851) (030-060-6601-6214-0129) (030-060-6601-6214-0201) (030-060-6601-6214-0617) (030-060-6601-1103) (030-3324) 4,598.00 5,166.00 9,900.00 34,703.00 8,000.00 612.00 21,388.00 30,000.00 (56,376.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Paff(er City Clerk Mayor 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of March, 1999. No. 34207-031599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and City Information Systems 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 1998-99 General and City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_oro_oriations Nondepartmental $ 61,493,421.00 Transfers to Other Funds (1) ..................... 60,734,941.00 Fund Balance Reserved for CMERP - City (2) .................... $ 1,608,209.00 CIS Fund A_o_oro_oriations Building Permit and Inspection System (3) .......... $ 202,000.00 Revenue Transfer from General Fund (4) ................... $ 848,787.00 1) Transfer toCIS (001-004-9310-9513) $ 50,000.00 2) Reserved for CMERP-City (001-3323) (50,000.00) 435 3) Building Permit and Inspection System 4) Transfer from General Fund (013-052-9806-9003) (013-020-1234-1037) $ 50,000.00 50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34208-031599. AN ORDINANCE accepting the proposal of Sierra Computer Systems, Inc., for all software and professional services to implement the Permit and Inspection System, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such software and services; rejecting all other proposals made to the City for the aforesaid software and professional services; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proposal from Sierra Computer Systems, Inc., for all software and professional services to implement the Permit and Inspection System, in the total amount not to exceed $98,072.00, as more particularly set forth in the City Manager's report dated March 15, 1999, to this Council, such proposal being in full compliance with the City's plans and specifications made therefor, which proposal is on file in the Office of Supply Management, be and is hereby ACCEPTED. 436 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the Sierra Computer Systems, Inc., in the total amount not to exceed $98,072.00, based on its proposal and bid 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other proposals made to the City for the aforesaid software and professional 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. 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 it passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of March, 1999. No. 34209-031599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ro0riations Public Safety Local Law Enforcement Block Grant 98-00 (1-3) ........ Revenue $ 2,014,101.00 143,464.00 437 Public Safety $ 2,014,101.00 Local Law Enforcement Block Grant 98-00 (4-6) ........ 143,464.00 1) Overtime 2) FICA 3) Expendable Equipment 4) LLEBG 98-00 5) Local Match 6) Interest (035-050-3313-1003) (035-050-3313-1120) (035-050-3313-2035) (035-035-1234-7282) (035-035-1234-7283) (035-035-1234-7284) $108,182.00 8,282.00 27,000.00 126,190.00 15,774.00 1,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34210-031599. A RESOLUTION authorizing the City Manager or his designee to enter into an amendment to the contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. 438 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite amendment to the contract with the Virginia Department of Health, pursuant to §32.1-31, Code of Virginia (1950), as amended, such amendment establishing the financial contributions of the City and the Commonwealth to the local Health Department, a copy of such amendment being attached to the report of the City Manager, dated March 15, 1999, such amendment to be in form approved by the City Attorney. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34211-031599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDroDriations Recreation Railside Linear Walk (1) ......................... Streets and Bridges 1-581 Interchange (2) ............................ 3,716,451.00 1,545,641.00 22,490,447.00 6,512,000.00 439 Capital Improvement Reserve $ Public Improvement Bonds - Series 1996 (3) ....... 11,346,068.00 2,669,279.00 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds 3) Parks (008-052-9717-9001) (008-052-9545-9001 ) (008-052-9701-9180) $ 913,680.00 (788,000.00) (125,680.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1999. No. 34212-031599. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for construction of Phase III of the Railside Linear Walk along Norfolk Avenue between First Street and Market Street, 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 Acorn Construction, Ltd., in the total amount of $846,000.00, for construction of Phase III of the Railside Linear Walk along Norfolk Avenue between First Street and Market Street, as is more particularly set forth in the City Manager's report dated March 15, 1999, to this Council, such bid being in 440 - 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 Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1999. No. 34214-031999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 441 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~Dropriations General Government Johnson & Johnson Off-Site Improvements (1-2) .... Johnson & Johnson Development (3) ............. 21,206,641.00 1,626,611.00 2,000,000.00 Revenues Due from State (4) .............................. $ Due from State (5) .............................. 2,000,000.00 450,000.00 Fund Balance Unappropriated - Fund Balance (6) ............... $ 1,773,265.00 1) Appropriated from General Revenue (008-002-9700-9003) $ 1,124,611.00 2) Appropriated from State Grant Funds (008-002-9700-9007) 450,000.00 3) Appropriated from State Grant Funds (008-002-9701-9007) 2,000,000.00 4) Governor's Opportunity Funds (008-1250) 2,000,000.00 5) State Industrial Access Grant (008-1251) 450,000.00 6) Unappropriated Fund Balance (008-3325) (1,124,611.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 442 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1999. No. 34215-031999. AN ORDINANCE, authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia (Authority), and Johnson & Johnson Vision Products, Inc. (J&J) that provides for J&J to provide jobs, equipment, and make an investment for the acquisition, development, and construction of a new facility in the City of Roanoke; that the City will undertake to provide certain public improvements in the vicinity of such new facility; that the City will make an appropriation of up to $9,174,611 to the Authority, all for the purposes of promoting economic development; authorizing the proper City officials to apply for and accept a grant or donation from the Governor's Opportunity Fund of an amount up to $2,000,000 to be added to the above appropriation and made available to the Authority; authorizing the City Clerk to advertise for a public hearing; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant 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, the Authority, and J&J, upon certain terms and conditions as set forth in the report to this Council dated March 19, 1999. The Performance Agreement is to be in a form approved by the City Attorney, and will provide for J&J to provide jobs, equipment, and make an investment for the acquisition, development and construction of a new facility on private property in the City of Roanoke that has been acquired by J&J and for the provision by the City of certain public improvements in the vicinity of such new facility, such improvements being more particularly described in the above mentioned report to this Council. 2. The City shall appropriate an amount up to $9,174,611.00 (which will be in addition to any funds the City will accept from the Governor's Opportunity Fund) to the Authority for the purposes of promoting economic development in the City and the Roanoke Valley in order to fund the grant that the Authority intends to make to J&J upon certain terms and conditions and which amount includes an appropriation for the cost of the public improvements that the City intends to make in the vicinity of the new facility to be constructed by J&J, all as more fully set forth in the aforementioned report to this Council. 443 3. The City Manager or the Assistant City Manager is hereby authorized to execute and provide on behalf of the City any documentation necessary for the application and acceptance of a grant or donation from the Governor's Opportunity Fund of an amount up to $2,000,000.00 for the purposes of providing that amount to the Authority for economic development in the City and the Roanoke Valley in order to partially fund the grant that the Authority intends to make to J&J, upon certain terms and conditions, all as more particularly set forth in the aforementioned report to this Council. 4. By adoption of this Ordinance, City Council hereby expresses its intent to fund $7,600,000.00 of the amount required to be appropriated to the Authority by the City under the Performance Agreement through the issuance of general obligation bonds of the City under the Public Finance Act, without referendum, subject to final authorization of the issuance of bonds after the holding of a public hearing on April 19, 1999, and the adoption of an appropriate resolution or resolutions. 5. The City Clerk is hereby authorized to advertise for a public hearing to be held on April 19, 1999, before City Council for the purpose of receiving citizen input on the issuing of $7,600,000.00 in bonds under the Public Finance Act, Section 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, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Mary F. PaR(er City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1999. No. 34216-031999. A RESOLUTION authorizing the City Manager to make application to the Commonwealth of Virginia Department of Transportation for Industrial Access Road Funds in an amount up to $450,000.00 for roadway construction to provide adequate 444 industrial access to the former Maury L. and Shelia S. Strauss property, tax map numbers 6460101 and 6460106, in the City of Roanoke for a new corporate prospect and authorizing the execution of any required documentation on behalf of the City for acceptance of any such funds which may be awarded. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized to execute and file on behalf of the City of Roanoke any and all appropriate documents required in connection with the application to the Commonwealth of Virginia Department of Transportation for Industrial Access Road Funds in an amount up to $450,000.00 for roadway construction to provide adequate industrial access to the former Maury L. and Shelia S. Strauss property, tax map numbers 6460101 and 6460106, in the City of Roanoke for a new corporate prospect and to execute on behalf of the City any documentation necessary for the acceptance of such Industrial Access Road Funds, and to furnish such additional information as may be required by the Commonwealth, all as more particularly set out in the City Manager's report to this Council dated March 19, 1999. 2. The form of any agreements for the acceptance of such Industrial Access Road Funds shall be approved by the City Attorney. 3. Any local matching funds up to $150,000.00 that may be necessary or are required by the acceptance of such Industrial Access Road Funds will be made available by subsequent appropriation of this Council. 4. The City will, if such project is approved, provide adequate right- of-way, provide for necessary adjustment of any utilities affected by construction, and provide for future necessary maintenance of the roadway through other funding sources. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34213-040599. AN ORDINANCE authorizing the exchange of certain City-owned property along Tinker Creek in the vicinity of Sand Road, N.E., for certain adjacent property owned by Robert M. Callahan and Carolyn H. Callahan, upon certain terms and conditions, and authorizing the City Manager to sign the necessary documents to effect this exchange. WHEREAS, a public hearing was held on March 15, 1999, at which all persons were accorded a full and fair opportunity to comment with respect to the proposed conveyance of certain City-owned property bearing Official Tax Map No. 3250801, being a vacant lot near Sand Road, N.E. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The conveyance of a vacant lot owned by the City along Tinker Creek, identified by Official Tax Map No. 3250801, to Robert M. Callahan and Carolyn H. Callahan, in exchange for the conveyance to the City of the adjacent property owned by Robert M. Callahan and Carolyn H. Callahan, more particularly identified in the report of the Water Resources Committee dated March 1, 1999, upon certain terms and conditions, and as more particularly set forth in said report, is hereby authorized. 2. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, any ancillary documents necessary to effect such exchange and conveyance, upon form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34217-040599. A RESOLUTION recognizing and congratulating William X Parsons, Acting City Attorney, upon his receipt of the Edward J. Finnegan Award for Distinguished Service from the Local Government Attorneys of Virginia, Inc., association. WHEREAS, William X Parsons has served as an Assistant City Attorney since 1978, after having performed with distinction in private practice and in the United States Army; and WHEREAS, Mr. Parsons has been a forceful and effective advocate for the City and has substantially contributed to the legal health of both the City and the Roanoke City School Board by practicing preventive law on behalf of his clients; WHEREAS, Mr. Parsons has been an active member of the LGA, and he is currently serving on the Board of Directors; WHEREAS, on March 26, 1999, in recognition of his many achievements and accomplishments, Mr. Parsons was awarded the Edward J. Finnegan Award for Distinguished Service at the 1999 LGA Spring Conference, such award being the highest award bestowed by the LGA. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolution in recognition of and as a means of expressing its sincere congratulations to William X Parsons, Acting City Attorney, upon his receipt of the LGA's Edward J. Finnegan Award for Distinguished Service. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Parsons. ATTEST: .~~~.A P P R O V E D City Clerk Mayor 447 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34218-040599. 1999-2000 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 1999-2000 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 10, 1999. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34219-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 448 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADoroDriation$ CDBG - Housing $ 3,489,360.00 Housing 97-98 (1) ............................... 552,194.00 CDBG- Unprogrammed $ 163,873.00 Unprogrammed CDBG 97-98 (2) ................... 73,491.00 1) NNEO -532 Louden Avenue 2) Contingency (035-098-9820-5202) (035-098-9840-5300) $ 60,000.00 (60,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34220-040699. A RESOLUTION authorizing execution of Amendment No. 1 to the 1998- 99 Subgrant Agreement between the City and the Northwest Neighborhood Environmental Organization, Inc. ("NNEO"), dated July 1, 1998, for funding of the "New Gilmer Phase I" Project and Gilmer Plan. BE IT RESOLVED by the Council of the City of Roanoke that: 44,',9 1. The City Manager or Assistant City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 1 to the Subgrant Agreement between the City and the Northwest Neighborhood Environmental Organization, Inc. ("NNEO"), dated July 1, 1998, for funding of the "New Gilmer Phase I" Project and Gilmer Plan, said Amendment No. 1 to provide for reimbursement to NNEO for acquisition of the property located at 532 Loudon Avenue, N.W., the costs of removing an underground storage tank and additional asbestos assessments at 532 Loudon Avenue, N.W., as more particularly set out in the report to this Council dated April 5, 1999. 2. The amendment shall be approved as to form by the City Attorney. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34221-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ropriations Other Infrastructure $ 23,217,663.00 Replace Fire and Temperature Controls - Civic Center (1) 730,319.00 45O Capital Improvement Reserve $ 11,180,929.00 Public Improvement Bonds Series 1996 (2) ......... 2,619,140.00 1) Appropriated from Bond Funds 2) Buildings (008-056-9655-9001) (008-052-970t-9183) $ 25,819.00 (25,819.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34222-040699. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Landis & Staefa, Inc., for the replacement of the fire alarm and temperature control systems at the Roanoke Civic Center; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. I to the City's contract with Landis & Staefa, Inc., for the replacement of the fire alarm and temperature control systems at the Roanoke Civic Center, all as more fully set forth in the report to this Council dated April 5, 1999. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $25,819.00 to the original contract dated December 15, 1997, all as set forth in the above report. 451 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34223-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o0ropriations General Government $ 17,821,523.00 RCIT - Read Mountain Addition (1) ................ 710,000.00 Fund Balance Unappropriated - Fund Balance (2) ................ $ 2,187,876.00 1) Appropriated from General Revenue 2) Unappropriated- Fund Balance (008-056-9699-9003) (008-3325) $ 710,000.00 (710,000.00) 452 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34224-040599. AN ORDINANCE providing for the acquisition of certain real estate located in the City and identified by Roanoke City Tax Map No. 7320101, upon certain terms and conditions; authorizing the City to petition for rezoning of said property; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For economic development purposes, the City wants and needs fee simple title to a tract of land located in the City and identified by Roanoke City Tax Map No. 7320101 consisting of approximately 56 acres. The proper City officials are authorized to acquire for the City from the owner the fee simple title to said real estate for consideration of $12,300.00 per acre, subject to the conditions set forth in the report to Council dated April $, 1999, including, but not limited to, the rezoning of the said property from RA to LM. 2. The City Manager is hereby authorized to execute for and on behalf of the City a Purchase Agreement between the City and Emma Read Oppenhimer, the terms and conditions of which are more particularly described in the report to Council, dated April 5, 1999. The Director of Finance is authorized to pay the necessary deposit of $5,000.00 to be applied to the purchase price pursuant to the Purchase Agreement. 453 3. The appropriate City officials are authorized to petition for rezoning of the property from RA to LM and procure the necessary survey. The City Attorney is authorized to procure title search services and title insurance as to the subject tract of land. 4. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34225-040599. A RESOLUTION accepting bids made to the City for furnishing and delivering vehicles 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: 454 Item Quantity and Description Successful Bidder Total Number Purchase Price I I new 4-wheel drive utility vehicle Berglund Ford, Inc. $21,454.25 2 5 new 4-door sedans Magic City Motor $70,718.00 Corporation. 3 3 new 4-door sedans for police services Magic City Motor $48,655.20 Corporation 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said 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. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34226-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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. 455 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o0ro_~riations Public Safety Southeast Asian Outreach Grant (1-9) .............. $1,969,709.00 99,072.00 Revenue Public Safety Southeast Asian Outreach Grant (10) ............... $1,969,709.00 99,072.00 7) 1) Salaries (035-050-3314-1002) $ 41,298.00 2) ICMA RC Retirement (035-050-3314-1115) 3,716.00 3) FICA (035-050-3314-1120) 3,470.00 4) Medical Insurance (035-050-3314-1125) 3,816.00 5) Dental Insurance (035-050-3314-1126) 340.00 6) Fees for Professional Services (035-050-3314-2010) Administrative Supplies (035-050-3314-2030) (035-050-3314-2035) (035-050-3314-2044) (035-050-3314-3314) 8) Expendable Equipment 9) Training and Development 10) Southeast Asian Outreach Grant 19,320.00 10,525.00 12,816.00 3,771.00 99,072.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall bein effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34227-040599. A RESOLUTION authorizing the acceptance of a grant to the City of Roanoke by Bureau of Justice Assistance of the United States Department of Criminal Justice Services Discretionary Grant Program; and authorizing execution of any required documentation on behalf of the City by the City Manager. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby accepts a grant from the Bureau of Justice Assistance of the United States Department of Criminal Justice Services Discretionary Grant Program in the amount of $99,072.00. 2. The City Manager or the Assistant 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 Bureau, all as more particularly set forth in the report of the City Manager dated April 5, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, t999. No. 34228-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. 457 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A.o_oro_oriations Public Safety $1,988,031.00 V-STOP Grant Program (1-5) ....................... 18,322.00 Revenue Public Safety $1,988,031.00 V-STOP Grant Program (6) ........................ 18,322.00 1) Temporary Salaries 2) FICA 3) Administrative Supplies 4) Training and Development 5) Other Equipment 6) V-STOP Grant (035-050-3315-1004) (035-050-3315-1120) (035-050-3315-2030) (035-050-3315-2044) (035-050-3315-9015) (035-050-331S-3315) $ 9,352.00 760.00 3,389.00 1,600.00 3,221.00 18,322.00 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 458 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34229-040599. A RESOLUTION authorizing the City Manager to execute employment agreements to provide for polygraph examiner training. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, an employment agreement with any City employee selected for polygraph examiner training. The agreement shall require that the employee continue in the employment of the City for a minimum of five (5) years after completion of the training and shall provide for reimbursement of the City, on a prorated basis, of the cost of training if the employee should fail to fulfill such obligation. The agreement, which shall be approved as to form by the City Attorney, shall contain such other terms and conditions deemed reasonable and appropriate by the City Manager. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34230-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Funds, 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. 459 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund: A_r) Dro_oriations Non departmental $ 61,538,421.00 Transfers to Other Funds (1) ...................... 60,784,941.00 Fund Balance Reserved for CMERP - City (2) ..................... $ 1,558,209.00 Ca_oital Pro_iects Fund: General Government $17,752,030.00 Building Inspection Program (3) ................... 100,000.00 1) Transfer to Capital Projects Fund 2) Reserved for CMERP-City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9724-9003) $ 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 David A. Bowers Mayor 460 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34231-040599. AN ORDINANCE accepting the bid of Balzer and Associates, Inc. for providing consulting services in connection with the Building Inspection Program for City-owned and/or leased facilities, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Balzer and Associates, Inc., for the provision of consulting services in connection with the Building Inspection Program for City- owned and/or leased facilities, being the only bid received for such services, in the total amount of $95,000.00, as more particularly set forth in the City Manager's report dated April 5, 1999, 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 said bidder, which bid is on file in the Office of the Supply Management, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the Balzer and Associates, Inc., based on its proposal made therefor and the City's specifications made therefor, said contract to be such form as is approved by the City Attorney, and the cost of said services 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 upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 461 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34232-040599. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_oriations Public Works $ 24,614,600.00 Snow Removal (1-3) ........................... 299,863.00 Nondepartmental $ 61,362,129.00 Contingency (4) ............................... 210,349.00 1) Overtime Wages 2) FICA 3) Expendable Equipment 4) Contingency (001-052-4140-1003) (001-052-4140-1120) (001-052-4140-2035) (001-002-9410-2199) $ 69,974.0O 5,293.00 1,025.00 (76,292.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 462 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34233-040599. A RESOLUTION authorizing a contract between the City and the Mercer Group, Inc., for the provision of services with regard to selection of a new City Manager. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. The Mayor and the City Clerk are hereby authorized to execute and attest, respectively, a contract between the City and the Mercer Group, Inc., for the provision of services with regard to selection of a new City Manager. 2. The amount of the contract shall be $12,500.00 plus expenses which shall not exceed $5,000.00. The form of the contract shall be approved by the City Attorney. The contract shall include the firm's proposal to the City for the provision of such services and such other terms and conditions deemed reasonable and appropriate by the Mayor. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34234-040599. A RESOLUTION rejecting all bids for the Roanoke Civic Center Roof Replacement/Asbestos Abatement Project. BE IT RESOLVED by the Council of the City of Roanoke that: 463 1. All bids received by the City for the Roanoke Civic Center Roof Replacement/Asbestos Abatement Project, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in the scope of the project or the procurement documents deemed advisable and to cause the revised project to be readvertised for bids. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34235-040599. A RESOLUTION urging that all customers being supplied with Roanoke City water use appropriate restraint of water usage so as to voluntarily conserve water with the goal of reducing usage by at least 10%, effective immediately; and requesting that the City Manager review the 1981 Council approved water conservation plan and present a timely plan of action to the Water Resources Committee to recommend to Council for action should the level of water in Carvins Cove reach twenty-eight feet below the spillway crest elevation. WHEREAS, this Council finds that there exists a serious potential for a water shortage and desires that conservation measures be considered and undertaken at this time. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 464 1. All customers being supplied with Roanoke City water are hereby urged to use appropriate restraint of water usage so as to voluntarily conserve water with the goal of reducing usage by at least 10%, effective immediately, all as more fully set forth in the report to this Council dated April 5, 1999. 2. The City Manager is directed to review the 1981 Council approved water conservation plan and present a timely plan of action to the Water Resources Committee to recommend to Council for action should the level of water in Carvins Cove reach twenty-eight feet below the spillway crest elevation or such other further action as may be deemed appropriate to prevent a water shortage within the City, all as more fully set forth in the above mentioned report. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34236-040599. AN ORDINANCE temporarily suspending §26-27 of the Code of the City of Roanoke, (1979), as amended; authorizing the City Manager to revoke any permits, exemptions, or credits issued pursuant to §26-27 of the City Code; and providing for an emergency. WHEREAS, this Council finds that there exists a serious potential for a water shortage and desires that conservation measures be considered and undertaken at this time; WHEREAS, Council, by Resolution passed this day, has urged voluntary conservation of water usage by those customers being supplied with Roanoke City water; and 465 WHEREAS, Council wishes to temporarily suspend §26-27 Code of the City of Roanoke (1979), as amended, in so far as it applies to City water used for irrigation purposes or the filling of swimming pools. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The provisions of §26-27 of the Code of the City of Roanoke (1979), as amended, providing for a reduction in sewer charges is hereby temporarily suspended in so far as it applies to City water used for irrigation purposes or the filling of swimming pools until further direction of this Council. 2. The City Manager is hereby authorized to revoke or suspend, as of May 1, 1999, any permits, credits, or exemptions issued pursuant to §26-27 of the City Code, with the intent being that sewer charges will now be imposed, as of May 1, 1999, on City water used for irrigation purposes or the filling of swimming pools, all as more fully set forth in the report to this Council dated April 5, 1999. 3. The City Manager or his designee shall attempt to provide notice to any persons or entities receiving an exemption, credit, or permit pursuant to §26- 27 of the City Code, either by publishing notice in a newspaper of general circulation or by mailing notice to such persons or entities. 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 avid A. Bowers City Clerk Mayor 466 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34237-040599. A RESOLUTION memorializing the late James Ellyson ("Jimmy") Jones. WHEREAS, the members of Council have learned with regret of the passing of James Ellyson ("Jimmy")Jones, on March 12, 1999; WHEREAS, Mr. Jones served as a member of Roanoke City Council from September 1962 to January 1969; WHEREAS, while a member of City Council, Mr. Jones was instrumental in securing passage of the Civic Center Bond Referendum; WHEREAS, Mr. Jones was very active in the City/County consolidation efforts and offered to resign his position on City Council should the need arise; and WHEREAS, Mr. Jones was transferred by Appalachian Power Company to Fieldale, and as a result he had to resign his position before his term had expired. WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this resolution as a means of recording its deepest regrets at the passing of James Ellyson ("Jimmy") Jones, and extends to his family and friends the sympathy of this Council. 2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Jones' widow, Mrs. Shirley Welsh Jones. ATTEST: Mary F. Parker APPROVED City Clerk Mayor 467 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1999. No. 34238-040599. 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, April 19, 1999. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 12:15 p.m. on Monday, April 19, 1999, in City Council Chambers at 215 Church Avenue, S. W., is hereby rescheduled to be held at 12:00 Noon, Monday, April 19, 1999, in the Roanoke Ballroom, at the Hotel Roanoke & Conference Center, at 110 Shenandoah Avenue, N.W., in the City of Roanoke, with the 2:00 p.m. session on the same date to be held in City Council Chambers at 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July 6, 1998, 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 19, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 468 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34239-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchooIFund ADDroDriations Education $ 116,794,664.00 Transportation (1) ............................. 3,476,781.00 Facilities (2-4) ................................ 1,972,679.00 Eisenhower Title II Professional Development '98-'99 (5-14) 86,342.00 Revenue Education $ Grants-in-Aid Commonwealth (15) ............... Federal Grant Receipts (16) ..................... Fund Balance Reserved for CMERP - Schools (17) .............. $ School CaDital Pro_iects Fund A_r)_Dro_oriati¢)ns Education $ Addison Middle School Renovation (18-19) ........ Ruffner Air Conditioning (20) ................... 114,626,173.00 44,413,934.00 86,342.00 136,661.00 28,774,853.00 10,619,869.00 1,250,000.00 Capital Improvement Reserve Public Improvement Bonds 1997 Series (21) ...... Public Improvement Bonds 2000 Series (22) ....... Revenue Due from State Literary Loan - Addison (23) ....... $ 1) Replacement of School Buses 2) Additional Data Processing Equipment (030-060-6006-6104-0826) 3) Additional Machinery and Equipment (030-060-6006-6111-0821) 4) Additional Furniture and Fixtures (030-060-6006-6683-0822) 5) Other Professional Services (030-060-6249-6004-0313) 6) Conventions/ Education (030-060-6249-6004-0554) 7) Educational and Recreational Supplies 8) Supplements 9) Compensation of Substitute Teachers 10) Social Security 11) Other Professional Services 12) Conventions/ Education 13) Food 14) Educational and Recreational Supplies (030-060-6249-6008-0614) 15) Educational Technology (030-060-6000-0647) 16) Federal Grant Receipts (030-060-6249-1102) 17) Reserved for CMERP-Schools (030-3324) 18) Appropriated from Bond Funds (031-060-6090-6896-9001) (030-060-6003-6676-0808) $ (030-060-6249-6004-0614) (030-060-6249-6008-0129) (030-060-6249-6008-0021) (030-060-6249-6008-0201) (030-060-6249-6008-0313) (030-060-6249-6008-0654) (030-060-6249-6008-0602) $ ( 8,590,458.00) (7,639,437.00) ( 961,021.00) 5,000,000.00 190,870.00 85,000.00 10,008.00 399,174.00 3,000.00 3,415.00 500.00 2,500.00 5,500.00 1,000.00 44,750.00 22,177.00 2,000.00 1,500.00 190,870.00 86,342.00 (494,182.00) (4,828,899.00) 469 470 19) Appropriated from Literary Loan Funds (031-060-6090-6896-9006) $ 5,000,000.00 20) Appropriated from Bonds Funds 21) Schools 22) Schools 23) Due from State Literary Fund - Addison (031-060-6098-6896-9001) (031-060-9706-9182) (031-060-9709-9182) 1,250,000.00 1,408,911.00 2,169,988.00 (031-1324) 5,000,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34240-041999. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1999-2000, 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 1999-2000, in the amount of $7,748,400 is hereby, approved, all as more particularly set forth in the report to this Council dated April 19, 1999, from the Roanoke City representative to the Roanoke Valley Resource Authority. /~ ¢~' '~'ATTEST: APPROVED Mary F. Parker ~ ~ City Clerk Mayor 471 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34241-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ropriations Capital Improvement Reserve $ 11,366,068.00 Capital Improvement Reserve (1) ................. 665,508.00 1) Streets and Bridges (008-052-9575-9181) $ 310,000.00 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 General and IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34242-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 City Information Systems Funds Appropriations, and providing for an emergency. 472 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 1998-99 General and City Information Systems Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ADpropriations Public Safety $ 40,147,311.00 Jail (1) ....................................... 8,344,658.00 Nondepartmental $ 61,651,611.00 Transfers to Other Funds (2) ..................... 60,901,608.00 Reserved for CMERP - City (3) .................... $ 1,486,167.00 ClS Fund Ap~roDriation$ GIS Study (4) .................................. $ Meals/Business Tax Systems (5) .................. Public Safety Automation Project (6) .............. Learning Center Equipment (7) ................... Treasurer Equipment (8) ......................... Revenues 79,463.00 85,000.00 2,775,451.00 15,742.00 41,300.00 Nonoperating $ 1,044,872.00 Transfers from Other Funds (9) ................... 1,015,454.00 Retained Earnin~ls Retained Earnings - Unrestricted (10) .............. $ 4,594,688.00 1) Recovered Costs (001-024-3310-8005) 2) Transfer to ClS Fund (001-004-9310-9513) 3) Reserved for CMERP (001-3323) $ (94,625.00) 216,667.00 (122,042.00) 473 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) Transfer from General Fund 10) Retained Earnings (013-052-9804-9003) (013-052-9820-9003) (013-052-9831-9003) (013-052-9832-9003) (013-052-9833-9003) (013-020-1234-1032) (013-3336) 30,000.00 35,000.00 177,153.00 15,742.00 41,300.00 216,667.00 (82,528.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34243-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General 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 1998-99 General and Fleet Management Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 474 General Fund A_o.oro_oriations Nondepartmental $ 61,823,714.00 Transfer to Other Funds (1) ...................... 61,073,711.00 Public Safety Fire Operations (2) ............................. Emergency Medical Services (3) .................. $ 40,235,936.00 10,555,143.00 1,864,254.00 Fund Balance Reserved for CMERP - City (4) .................... $ 1,225,439.00 Fleet Management Fund AD_~roDriations Fleet Management- Capital Outlay (5) ............. $ 3,274,862.00 Revenue Non Operating (6) .............................. $ 924,293.00 1) Transfer to Fleet Management Fund (001-004-9310-9506) $ 388,770.00 2) Other Equipment (001-050-3213-9015) ( 4,900.00) 3) Other Equipment (001-050-3521-9015) ( 1,100.00) 4) Reserved for CMERP-City (001-3323) 5) Other Equipment (017-052-2642-9015) 6) Transfer from General Fund (017-020-1234-0951) (382,770.00) 388,770.00 388,770.00 475 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34244-041999. A RESOLUTION accepting the bid of KME Fire Apparatus Corporation for the purchase of one new fire pumping engine with water tower, upon certain terms and conditions; and rejecting all other bids made for such item. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by KME Fire Apparatus Corporation, as modified through negotiations between the bidder and the City pursuant to §23.1- 14.C of the Code of the City of Roanoke (1979), as amended, for the purchase of one new fire pumping engine with water tower, at a cost of $388,770.00, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized and directed to issue any required purchase orders for the purchase of such fire apparatus, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid fire apparatus, such agreements to be in such form as shall be approved by the City Attorney. 476 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. APPROVED ATTEST: avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34245-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Utility Line 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 1998-99 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_r) riations Capital Outlay (1) .............................. Retained Earnin~js Retained Earnings (2) ........................... 1) Appropriated from General Revenue (016-056-2626-9015) 2) Retained Earnings (016-3336) $ 609,244.00 $ 1,601,386.00 $ 84,463.00 (84,463.00) 477 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34246-041999. A RESOLUTION accepting the bid of Baker Brothers, Inc., for one new Wheel Loader; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Baker Brothers, Inc., made to the City, offering for purchase one (1) new Wheel Loader, meeting all the City's specifications and requirements therefor, for a total cost of $84,463.00, which bid is on file in the Office of Supply Management, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's 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 David A. Bowers Mayor 478 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34247-041999. A RESOLUTION authorizing the City Manager to make application to the Virginia Department of Alcoholic Beverage Control for the appropriate ABC licenses in the name of the City of Roanoke that will allow the sale of beer, wine, and alcoholic mixed beverages at the Roanoke Civic Center in accordance with the rules and regulations of the Alcoholic Beverage Control Board; and to take such further action as may be necessary to obtain, activate, and maintain the ABC licenses. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager, or their designee, is hereby authorized to execute and file on behalf of the City of Roanoke any and all appropriate documents required in connection with making an application to the Virginia Department of Alcoholic Beverage Control for obtaining the appropriate ABC licenses in the name of the City of Roanoke that will allow the sale of beer, wine, and alcoholic mixed beverages at the Roanoke Civic Center and to supply on behalf of the City any documentation necessary to obtain such ABC licenses, all as more fully set forth in the report to Council dated April 19, 1999. 2. The City Manager or the Assistant City Manager, or their designee, is authorized to have the name of the appropriate City representative (which may include the Civic Center Manager) placed on the ABC applications and/or licenses as may be required by the rules and regulations of the Alcoholic Beverage Control Board and to take such further action, or provide such additional documents, as may be necessary to obtain, activate, and maintain the ABC licenses, all as more fully set forth in the above mentioned report. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 479 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34249-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY98 CDBG Unprogrammed - FY98 (1-3) .................. Community Development Block Grant FY99 CDBG Unprogrammed - FY99 (4-6) .................. $ 3,098,149.00 278,738.00 3,113,409.00 375,309.00 Revenue Community Development Block Grant FY98 (7-20) ...... $ 3,098,149.00 Community Development Block Grant FY99 (21-28) ..... 3,113,409.00 1) Unprogrammed CDBG Land Sale (035-098-9840-5187) 2) Unprogrammed CDBG - Other (035-098-9840-5189) 3) Unprogrammed CDBG - RRHA (035-098-9840-5197) 4) Unprogrammed CDBG - Section 108 Loan Repayment (035-099-9940-5188) 5) Unprogrammed CDBG - Other (035-099-9940-5189) 6) Unprogrammed CDBG - RRHA (035-099-9940-5197) 7) Parking Lot Income (035-035-1234-9802) 8) Other Program Income (035-035-1234-9803) 57,950.00 64,725.00 22,572.00 252,613.00 8,756.00 109,312.00 9,543.00 6,293.00 480 9) Demolition 10) Williamson Road Parking Garage 11) Loan Repayment - NNEO 12) Project Hope YMCA 13) TAP SRO Loan Repayments 14) Property Sale - Gilmer 15) Home Ownership Assistance 16) 19th & Melrose Supermarket 17) KDL Investments Loan Repayment 18) Downtown Associates 19) Rental Rehab Repayment 20) Loan Repayment- 9 Gilmer Avenue 21) Parking Lot Income 22) Other Program Income 23) Loan Payment- NNEO 24) TAP SRO Loan Repayments 25) Home Ownership Assistance 26) Hotel Roanoke Section 108 Loan Repayment 27) Rental Rehab Repayment 28) Purchase/Rehab Payoff (035-035-1234-9804) (035-035-1234-9807) (035-035-1234-9809) (035-035-1234-9818) (035-035-1234-9820) (035-035-1234-9821) (035-035-1234-9822) (035-035-1234-9826) (035-035-1234-9832) (035-035-1234-9833) (035-035-1234-9840) (035-035-1234-9842) (035-035-1234-9902) (035-035-1234-9903) (035-035-1234-9909) (035-035-1234-9920) (035-035-1234-9922) (035-035-1234-9934) (035-035-1234-9940) (035-035-1234-9941 ) $ 29,688.00 10,480.00 20.00 1,122.00 5,637.00 57,950.00 13,084.00 301.00 (9,964.00) (1,75o.oo) 6,736.00 16,107.00 36,713.00 33,335.00 2,728.00 18.00 6,010.00 252,613.00 26,669.00 12,595.00 481 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34250-041999. A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A Special Meeting of City Council shall be held on May 3, 1999, commencing at 7:00 p.m., in the Exhibit Hall, Civic Center, 710 Williamson Road, N. W., in said City, for the purpose of holding public hearings as to the General Fund Budget for Fiscal Year 1999-2000, proposed tax increases and the Annual Update to HUD's Consolidated Plan. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34251-041999. A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A Special Meeting of City Council shall be held on May 11, 1999, at 1:30 p.m., in Council Chambem, Municipal Building, 215 Church Avenue, S. W., in said City, for the purpose of adopting the proposed annual budget for the City of Roanoke for Fiscal Year 1999-2000, and related mattem. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowem Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34255-041999. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF SEVEN MILLION SIX HUNDRED THOUSAND DOLLARS ($7,600,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL 483 STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia (1950), as amended, for the purpose of providing funds to pay the costs of economic development projects of and for the City, there are hereby authorized to be issued, sold and delivered not to exceed Seven Million Six Hundred Thousand Dollars ($7,600,000.00) principal amount of general obligation public improvement bonds of the City which shall be designated and known as "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 $5,000.00 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-I 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 in the aggregate the 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 $5,000.00) 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 $5,000.00 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. 484 (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (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. 485 (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. 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. 486 (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 $5,000.00 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. 487 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. 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 Proposal Form relating to the Bonds. The Director of Finance is hereby authorized to receive proposals 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, 488 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 No. R- MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: 770077 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS 489 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, and is issued for the purpose of providing funds to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000.00) 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 490 Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) ~, ~ to __, __ to ~, ~ and thereafter Redemption Prices (Percentape$ of PrinciPal Amount) % If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) 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 intarest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. 491 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 ,199_. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Treasurer City Clerk 492 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned proceedings. [ ], as Registrar By: Authorized Signator Date of Authentication: ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owners as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. 493 SECTION 9. 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), as amended. SECTION 10. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor Date of Filing with the Circuit Court of the City of Roanoke, Virginia: April ,1999. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34248-050399. AN ORDINANCE authorizing the execution of an agreement with InSystems Technologies, Ltd., for the fee simple conveyance of a portion of City- owned property, as well as an air rights easement across said property, identified by Official Tax Map No. 1010310, commonly known as a vacant lot at the northwest corner of Norfolk Avenue and First Street, S.W., authorizing conveyance of said rights upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, an agreement for sale with InSystems Technologies, Ltd., providing for the fee simple conveyance of a portion 494 of City-owned property, as well as an air rights easement across said property, identified by Official Tax Map No. 1010310, commonly known as a vacant lot at the northwest corner of Norfolk Avenue and First Street, S.W., for the sum of $11,000.00, upon form approved by the City Attorney, and upon the terms and conditions set forth in the report to this Council dated April 19, 1999. 2. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, the appropriate deed of conveyance of this property and air rights easement to InSystems Technologies, Ltd.. APPROVED ATTEST: Mary F. Parker City Clerk Mayor Dav,d A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34252-050399. AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc., for the lease of additional airspace over Crystal Spring Avenue, S.W., in the City, for a term commencing as soon as all legal requirements are met and ending May 13, 2058. WHEREAS, the City has, by advertisement published once a week for four consecutive weeks in a paper of general circulation published in the City, publicly invited bids for lease of additional airspace over Crystal Spring Avenue, S.W., in the City for a term commencing as soon as all legal requirements are met and ending May 13, 2058; WHEREAS, one bid for the lease of such airspace was received when bids were publicly opened at the Council meeting held on April 19, 1999; 495 WHEREAS, the bid of CHS, Inc., to lease such airspace for a term of commencing as soon as all legal requirements are met and ending May 13, 2058, for a one-time rental payment in the total amount of $200.00, and upon other terms and conditions set out in the Lease incorporated by reference in the bid, was publicly opened at the Council meeting on April 19, 1999; and WHEREAS, at such Council meeting, a public hearing was held at which all persons were accorded a full and fair opportunity to comment with respect to the proposed lease of such additional air rights; and WHEREAS, Council found the bid of CHS, Inc., was the highest and best bid made to the City for such additional airspace, and Council is desirous of accepting this bid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of CHS, Inc., to lease additional airspace over Crystal Spring Avenue, S.W., in the City, such additional airspace being more particularly described in the bid of CHS, Inc., a copy of which is on file in the Office of the City Clerk, for a term commencing as soon as all legal requirements are met and ending May 13, 2058, for a one-time rental payment of $200.00, to be paid prior to May 13, 1999, and upon certain other terms and conditions set out in the lease and incorporated by reference and the bid of CHS, Inc., is hereby ACCEPTED. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a written Lease between the City and CHS, Inc., for such additional airspace, such Lease to be in a form approved by the City Attorney. 3. The City Clerk is directed to forward an attested copy of this ordinance to Donald E. Lorton, Treasurer, CHS, Inc., P.O. Box 40032, Roanoke, Virginia 24022-0032. APPROVED ATTEST: City Clerk Mayor 496 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34253-050399. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. WHEREAS, ARC Roanoke, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon an 8.769-acre tract of land located on the west side of Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, which property was previously conditionally rezoned by the adoption of Ordinance No. 33361, adopted May 5, 1997; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on April 19, 1999, 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 on that certain 8.769-acre tract of land located on the west side of Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, 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. 225 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Fifth Amended Petition to Amend 497 Proffers filed in the City Clerk's Office on April 15, 1999, and as set forth in the report of the Planning Commission dated April 19, 1999, and that Ordinance No. 33361, adopted May 5, 1997, be rescinded. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34254-050399. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Roanoke Valley SPCA 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, an Amended Petition was filed March 22, 1999, as a follow- up to the Planning Commission hearing; and WHEREAS, a public hearing was held on said application by the City Council on April 19, 1999, 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 498 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: From a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately seven hundred thirty feet (730') to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately three hundred feet (300') to the intersection of Light Street and the existing Baldwin Avenue; and from a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately six hundred thirty feet (630') to the intersection of Light Street (an undeveloped street). be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public-fight-of- way of any such municipal installation or other utility or facility by the owner thereof. 499 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, 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, and dedicating a twenty (20) foot wide pedestrian and bicycle trail easement along the southerly edge of Edmund Avenue and the westerly edge of Light Street. 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 for 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 applicant, and the name of any other party in interest who may so request, as Grantee, 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 Engineer shall, upon receiving the aforementioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein the ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. /~X,~ ~ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 5OO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34256-050399. AN ORDINANCE authorizing the execution of a deed of easement granting Shenandoah L.P., a drainage easement across City-owned property located across the Forest Park Elementary School property identified by Roanoke City Tax Map No. 2420201, upon certain terms and conditions. BE IT ORDAINED 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, a deed of easement granting Shenandoah, L.P., a 20' wide drainage easement across City-owned property located at the Forest Park Elementary School, identified by Roanoke City Tax Map No. 2420201, upon certain terms and conditions, as more particularly set forth in the report to this Council from the Water Resources Committee dated April 5, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34257-050399. AN ORDINANCE providing for the acquisition of certain interests in property needed by the City for improvements to Frontage Road, Ferndale Drive and Ordway Drive to provide access to the Johnson & Johnson Vision Products facility; setting a certain limit on the acquisition costs of such property rights; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms and conditions; and providing for an emergency. 501 BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the improvements to Frontage Road, Ferndale Drive and Ordway Drive, thereby providing access to the Johnson & Johnson Vision Products facility, the City wants and needs certain fee simple interests, permanent and temporary construction easements, and/or rights of ingress and egress, to property identified by Tax Map Nos. 6450104, 6450109, 6450110, 6450111, 6450112, 6450113, 6450114, 6450115, 6450119, 6460101, 6460102, 6460103, 6460104, 6460105, 6460106, 6472301, 6472302, 6490304, 6490305, 6490406, and 6490408. The proper City officials are authorized to take appropriate action to acquire the necessary property rights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines, providing the acquisition costs of such property rights shall not exceed $425,000.00 without further authorization of Council, all as more fully set forth in the report to Council dated May 3, 1999. All requisite documents shall be approved by the City Attorney. 2. 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 or owners, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner or owners of the real estate identified above, or should any owner or owners be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the property rights identified above. 4. In seeking or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property 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 sums offered to the respective owner or owners. 502 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 ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34258-050399. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Streets and Bridges Sidewalks and Curbs Phase IV (1-2) ............... $ 23,246,461.00 648,611.00 Capital Improvement Reserve Public Improvement Bonds Series 2000 (3) ......... $10,791,638.00 (1,774,282.00) 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Streets and Bridges (008-052-9541-9001 ) (008-052-9541-9003) (008-052-9709-9191) $ 548,611.00 100,000.00 (548,611.00) 5O3 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34259-050399. AN ORDINANCE accepting the bid of H. & S. Construction Company, for the construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV, improvements throughout 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company, made to the City in the total amount of $588,611.00, for the construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV, improvements throughout the City of Roanoke, as is more particularly set forth in the report to this Council dated May 3, 1999, 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 Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 504 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34260-050399. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made for construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV improvements; 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 $548,61t.00 appropriated by an ordinance simultaneously adopted by the City Council on May 3, 1999, for certain expenditures to be made for construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV, improvements from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000.00 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 5O5 33497-072197. The maximum principal amount of debt expected to be issued for the construction of New Concrete Sidewalks, Entrances and Curbs, Phase IV, is $548,611.00. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. adoption. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34261-050399. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 506 ADDroDriation~ Public Works $ 24,964,600.00 Paving Program (1) .............................. 1,547,112.00 Reserved for CMERP - City (2) ...................... $ 775,439.00 1) Fees for Professional Services 2) Reserved for CMERP-City (001-052-4120-2010) (001-3323) $ 350,000.00 (350,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34262-050399. AN ORDINANCE accepting the bid of L. H. Sawyer Paving Company, Inc., 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: 507 1. The bid of L. H. Sawyer Paving Company, Inc., made to the City in the total amount of $1,681,099.60 (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 report to this Council dated May 3, 1999, 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 Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 508 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34263-051199. AN ORDINANCE amending and reordaining §32-239, Definitions, and §32-240, Levied rate, Code of the City of Roanoke (1979), as amended, by amending the definition of "transient" and establishing 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 as follows: 1. Section 32-239, Definitions, and §32-240, Levied rate, of the Code of the City of Roanoke (1979), as amended, are amended and reordained to read and provide as follows: Sec. 32-239. Definitions. The following words and phrases, when used in this article, shall have the following respective meanings, except where the context clearly indicates a different meaning: Hotel: Any public or private hotel, inn, hostelry, tourist home or house, motel, rooming house or other lodging place within the city offering lodging for five (5) or more persons at any one (1) time, and the owner and operator thereof, who, for compensation, furnishes lodging to any transient. Room rental: The total charge made by any hotel for lodging or space furnished any transient. If the charge made by such hotel to such transient includes any charge for services or accommodations in addition to that of lodging or the use of space, then such portion of the total charge as represents only room or space rental shall be distinctly set out and billed to such transient by such hotel as a separate item. Transient. Any person who, for any period of not more than ninety (90) consecutive days, either at his own expense or at the expense of another, obtains lodging or the use of any space in any hotel, for which lodging or use of space a charge is made. 509 Sec. 32-240. Levied; rate. There is hereby imposed and levied on each and every transient a tax equivalent to six (6) percent of the total amount paid for room rental by or for such transient to any hotel. 2. Where any hotel has entered into a written contract prior to July 1, 1999, which 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 five (5) 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34264-051199. AN ORDINANCE amending and reordaining §32-16, Levied; rate, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate from $1.22 on every one hundred dollars of fair market value to $1.21 on every one hundred dollars of fair market value; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-16, Levied: rate, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: 510 §32-16. Levied: rate. Pursuant to §2, subsection (1), Roanoke Charter of 1952, as amended, and pursuant to the provisions of the general law of the state, and in order to provide revenue for the operation and administration of the city government, the payment of principal and interest upon the city debt, the operation of the public schools, and for other municipal expenses and purposes, there is hereby imposed and levied, and there shall be collected, for the second half of the tax year t999-2000 and for each tax year thereafter, a tax upon all real estate and improvements thereupon not expressly exempt from taxation and not the property of a public service corporation, at the rate of one dollar and twenty-one cents ($1.21) on every one hundred dollars ($100.00) of the fair market value of such property. 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 for the second half of tax year 1999-2000, commencing on January 1, 2000. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34265-051199. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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 General Fund in the fiscal year beginning July 1, 1999, and ending June 30, 2000, 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 70,068,826.00 53,562,405.00 703,500.00 947,500.00 1,047,040.00 44,297,193.00 34,260.00 5,485,700.00 267,500.00 TotslRevenues $176,413,924.00 Aoorooriations City Council City Clerk City Manager Management and Budget Citizens Service Center Personnel Management Occupational Health Clinic Memberships and Affiliations Economic Development Grants Compliance Personnel Lapse Supplemental Employee Compensation Contingency City Attorney Director of Finance Billings and Collections Residual Fringe Benefits Miscellaneous Transfer to School Fund Transfer to Debt Service Fund Transfer to Other Funds Municipal Auditing Electoral Board 248,945.00 385,448.00 708,132.00 490,024.00 167,983.00 821,485.00 302,377.00 1,746,401.00 403,079.00 6,167.00 879,325.00) 72,968.00 420,244.00 662,607.00 2,025,177.00 1,241,327.00 1,540,150.00 100,000.00 42,959,214.00 11,664,799.00 5,468,537.00 469,542.00 226,343.00 512 City Treasurer Commissioner of the Revenue Real Estate Valuation Board of Equalization Sheriff Jail Commonwealth's Attorney Cost Collections Unit Clerk of Circuit Court Director of Public Safety Police - Administration $ Police - Investigation Police - Patrol Police - Services Police - Training Police - Animal Control Fire - Administration Fire - Support Fire - Operations Fire - Airport Rescue Emergency Medical Services Emergency Services Communications Director of Public Works Building Inspections Streets and Traffic Paving Program Snow Removal Street Lighting Traffic Engineering Solid Waste Management - Refuse Solid Waste Management - Recycling Custodial Services Engineering Building Maintenance Parks and Grounds Maintenance Recreation City Market Community Planning Director of Human Development Law Library Juvenile Detention Home Outreach Detention Youth Haven I 440,478.00 2,900,882.00 8,247,711.00 2,287,069.00 453,619.00 386.102.00 539,536.00 563,780.00 10,671,795.00 679,201.00 1.919.301.00 1,000,227.00 1,200,626.00 874,396.00 21,966.00 1,838,668.00 8,990,999.00 1,024,667.00 70,266.00 1,111,260.00 153,621.00 14,715,751.00 14,373,613.00 155,577.00 2,211,581.00 153,405.00 977,597.00 2,342,428.00 1,410,793.00 165,567.00 906,000.00 1,378,257.00 5,174,012.00 650,165.00 1,008,841.00 1,429,970.00 3,313,531.00 4,018,423.00 1,919,999.00 26,516.00 971,796.00 275,035.00 125,379.00 1,417,418.00 192,119.00 471,459.00 513 Crisis Intervention Health Department Mental Health Human Services Committee Cultural Services Committee Total Action Against Poverty Social Services - Administration Income Maintenance Social Services - Services Employment Services Foster Parent Training Virginia Institute for Social Services Training Activities (VISSTA) Hospitalization Program Comprehensive Services Act Libraries Youth and Family Services - Community Education Virginia Cooperative Extension Service Supply Management General District Court Magistrate's Office Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk 737,315.00 4,599,202.00 8,448,556.00 1,251,530.00 123,992.00 519,885.00 992,228.00 378,357.00 458,844.00 267,172.00 203,615.00 15,160,595.00 231,000.00 31,613.00 7,901,758.00 2,192,351.00 22,121.00 58,359.00 337,312.00 36,657.00 6,434.00 202,597.00 55,494.00 34,070.00 Total Appropriations $176,413,924.00 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 1999-00 General Fund Appropriation Ordinance; and 514 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34266-051199. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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, 1999, and ending June 30, 2000, 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: Operating Non-Operating $12,096,096.00 421.000.00 Total Revenues $12.517,096.00 A_~pro0riations Director of Utilities & Operations General Operating Expenses Water Pumping Station and Tanks 157,883.00 2,401,605.00 693,267.00 515 Water Purification Utility Line Services Depreciation Interest Expense Capital Outlay $ 1,834,114.00 3,158,790.00 1,708,950.00 1,097,968.00 1.464.519.00 Total Appropriations 12,517,096.00 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 1999-00 Water 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, 1999. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34267-051199. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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, 1999, and ending June 30, 2000, 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: 516 Revenues Operating Non-Operating $ 9,818,152.00 372.200.00 Total Revenues $ 10.190.352.00 A_~pro_oriatiQn$ Administration Maintenance Operations Laboratory Lateral Maintenance and Replacement Depreciation Interest Expense $ 1,994,756.00 1,056,809.00 2,460,682.00 263,342.00 2,600,684.00 1,025,000.00 789,079.00 Total Appropriations $ 10.190.352.00 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 t999-00 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 517 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999, No. 34268-051199. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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 Civic Center Fund in the fiscal year beginning July 1, 1999, and ending June 30, 2000, 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 $ 2,703,750.00 905.903.00 Total Revenues $ 3.609.653.00 A_o_oro_oriations Operating Expenses Promotional Expenses Concessions Depreciation Capital Outlay $ 2,234,938.00 316,031.00 639,684.00 410,000.00 419,000.00 Total Appropriations $ 4.019,653.00 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 1999-00 Civic Center Fund Appropriation Ordinance; and 518 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34269-051199. AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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, 1999, and ending June 30, 2000, 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 Non-Operating $ 1,696,274.00 766.358.00 Total Revenues $ 2.462.632,00 Ao_~ro_ariation$ Century Station Parking Garage Williamson Road Parking Garage 103,032.00 224,234.00 519 Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Depreciation Interest Expense Transfer to Other Funds 69,417.00 179,634.00 156,604.00 11,912.00 546,500.00 515,391.00 830,089.00 Total Appropriations $ 2.636,813.00 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 1999-00 Transportation Fund Appropriation Ordinance; and 4. That in order 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34270-051199. AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 520 1. That all money that shall be paid into the City Treasury for the City Information Systems Fund in the fiscal year beginning July 1, 1999 and ending June 30, 2000, shall constitute a City Information Systems 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 $ 3,596,343.00 27O.829.OO TotelRevenues $ 3.867.172.00 Ap~rooriations Operating Expenses Computer Aided Dispatch Telephone Systems Maintenance Depreciation Expense Capital Outlay - Computer Aided Dispatch Capital Outlay - Telephones $ 2,820,614.00 50,729.00 30,000.00 775,000.00 110,829.00 80.000.00 Total Appropriations $ 3.867.172.00 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 1999-00 City Information Systems 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 521 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34271-051199. AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000, and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money shall be paid into the City Treasury of the Materials Control Fund in the fiscal year beginning July 1, 1999, and ending June 30, 2000, shall constitute a Materials Control Fund and that as much of the same as may be necessary be, and the same is hereby appropriate to the following uses and purposes, to-wit: Revenue Operating $130,354.00 Total Revenue $130.354.00 A_~_~ro_~riations Operating Expenses $128,354.00 Depreciation Expenses 2.000.00 Total Appropriation $130,354.00 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 1999-00 Materials Control Fund Appropriation Ordinance; and 522 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, 1999. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34272-051199. AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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, 1999, and ending June 30, 2000, 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 Total Revenues Appro_oriations Operating Expenses Depreciation Expenses Total Appropriations $ 120.568.00 $ 120.568.00 $ 105,568.00 15.000.00 523 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 1999-00 Management Services 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34273-051199. AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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 July 1, 1999, and ending June 30, 2000, 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 $ 3,224,298.00 30,OO0.OO Total Revenues $ 3.254.298.00 Ao_~roDriations Operating Expenses Capital Outlay Depreciation Expense $ 2,091,798.00 1,025,000.00 1.700.000.00 Total Appropriations $ 4.816.798.00 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 1999-00 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, 1999. APPROVED ATTEST: City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34274-051199. AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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, 1999, and ending June 30, 2000, 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 Total Revenues Appropriations Operating Expenses Total Appropriations 525 $ 6,642,061.00 305.000.00 $ 6.947.061.00 $ 6,947,061.00 $ 6.947.061.00 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 1999-00 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, 1999. APPROVED ATTEST: Mary F. Parker DaSd A.' Bowe~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34275-051199. AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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, 1999, and ending June 30, 2000, 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: Revenues Grants-in-Aid Commonwealth State Sales Tax (ADM) Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Interest on Investments $ 39,280,160.00 8,638,640.00 2,915,599.00 3,016,301.00 42,959,214.00 200.000.00 TotslRevenues $ 97.009.914.00 A_~_oro_r) riations Instruction General Support Transportation Operation/Maintenance of Plant Food Services Facilities Other Uses of Funds $ 72,541,175.00 3,556,586.00 3,452,730.00 9,741,332.00 4,247,992.00 388,805.00 3.081.294.00 Total Appropriations $ 97.009.914.00 2. That this Ordinance shall be known and cited as the 1999-00 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, 1999. ATTEST: Mary F. APPROVED City Clerk Mayor 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34276-051199. AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1999, and ending June 30, 2000; 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 Grant Fund for the Comprehensive Services Act Administration, Neighborhood Partnership and Virginia Juvenile Community Crime Control Act in the fiscal year beginning July 1, 1999, and ending June 30, 2000, 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 Comprehensive Services Act Administration Neighborhood Partnership 99-00 Virginia Juvenile Community Crime Control Act (VJCCCA) $ 89,643.00 79,056.00 329.938.00 Total Revenues $498.637.00 A_r) pro_r)riations Comprehensive Services Act Administration Neighborhood Partnership 99-00 Electronic Monitoring - Outreach Detention Specialized Probation - Court Services Substance Abuse Counselor - CSU Enhanced Community Service - CSU Intensive Supervision - CSU $ 89643.00 79 056.00 48 462.00 41 716.00 48 783.00 81 487.00 109.490.00 Total Appropriations $498.637.00 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 1999-00 Grant Fund Appropriation Ordinance; and 528 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34277-051199. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 1999; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified 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 additional compensation for certain sworn police, fire/emergency medical services employees and sheriff's deputies; providing for establishment of a police career enhancement program; repealing Ordinance No. 33827-051198, adopted May 11, 1998, 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, 1999, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: City of Roanoke, Virginia Pay Plan July 1, 1999 529 Pay Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Minimum Annual Salary $13,581.88 14,262.56 14,976.52 15,725.06 16,511.30 17,749.16 19,119.10 21,124.22 23,342.28 25,794.86 27,611.74 30,787.12 34,327.80 38,275.38 42,677.18 46,651.02 52,015.86 57,997.68 63,422.58 70,716.10 78,848.38 Midpoint Annual Salary $15,960 16,760 17,599 18,478 19,402 20,857 25,350 28,012 30,955 34,515 38,484 42,910 47,844 53,346 59,481 66,321 73,948 82,453 91,935 102,507 Maximum Annual Salary $18,337.28 19,256.38 20,220.20 21,231.08 22,292.40 23,963.94 26,768.04 29,575.26 32,680.70 36,114.52 41,417.74 46,180.68 51,491.44 57,413.20 04,015.64 72,310.16 80,625.74 89,897.60 101,479.82 113,149.92 126,162.14 Merit Increase Amount $638.3O 670.28 7O3.82 739.18 776.10 834.34 917.80 1,014.00 1,120.60 1,238.12 1,380.60 1,539.46 1,716.26 1,913.86 2,133.82 2,379.26 2,652.78 2,958.02 3,298.10 3,677.40 4,100.20 2 53O 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, 1999, 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 in the amount of four percent (4.0%) of the midpoint of the pay ranges set out in Paragraph 1 of this Ordinance shall be accorded officers and employees achieving satisfactory merit evaluations. For officers and employees appointed or hired after July 1, 1998, merit increases shall be prorated based on number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 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 Appraiser I ANNUAL SALARY INCREMENT $ 1,620.00 Appraiser II $ 1,620.00 POSITION TITLE ANNUAL SALARY INCREMENT Assistant City Manager $ 1,800.00 Assistant to City Manager for Community Relations $ 1,080.00 Assistant Civic Center Manager $ 990.00 City Attorney $ 2,000.00 City Clerk $ 2,000.00 . ~ 531 Deputy Director of Real Estate Valuation $ 1,620.00 Director of Finance $ 2,000.00 Director of Human Development $ 1,800.00 Director of Public Safety $ 1,800.00 Director of Real Estate Valuation $ 2,000.00 Manager of Civic Center $ 990.00 Municipal Auditor $ 2,000.00 Senior Appraiser $ 1,620.00 Senior Tax Compliance Administrator $ 1,300.00 Superintendent of Social Services $ 450.00 Tax Compliance Administrator $ 1,300.00 Youth Services Planner $ 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. 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 $1,200.00 payable on a bi-weekly basis. 532 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 $1,200.00 payable on a bi-weekly basis. 10. In order to equitably compensate sworn police, fire-emergency medical services employees, and sheriff's deputies, each such officer shall be eligible to receive a merit increase in the amount of four percent (4%) of the midpoint of the employee's applicable pay range effective December 1, 1999. This merit increase shall be accorded officers achieving satisfactory merit evaluations. Such increases shall only apply to employees classified at pay grade 17 or below. 11. The City Manager is authorized to establish 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 pay supplement shall range from 2.5% to a maximum of 10% of the midpoint of the employee's pay range. 12. When any salary increase provided in paragraphs 4, 10 or II 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. 13. To the extent of any inconsistency, Ordinance No. 33827-051198, adopted May 11, 1998, is hereby REPEALED. 14. Any increase in compensation due to any officer or employee as of July 1, 1999, under this ordinance shall be first paid with the paycheck of July 7, 1999. 15. 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, 1999. ATTEST: APPROVED Mary F. Parker ~ A.~owem City Clerk Mayor 533 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34278-051199. AN ORDINANCE establishing compensation for the Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1999; 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, 1999, and ending June 30, 2000, 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: $104,500.00 $ 78,963.15 under this Ordinance shall be first paid with the paycheck of July 7, 1999. Director of Finance Director of Real Estate Valuation Municipal Auditor - $ 77,913.15 City Clerk - $ 72,075.00 Any increase in compensation due to any officer or employee APPROVED Mary F. Parker City Clerk Mayor 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 and after July 1, 1999. 3. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 534 IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34279-051199. 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1, 1998, shall effective July 1, 1999, be increased by two percent (2%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, calculated as of July 1, 1999. 2. The increase in benefits provided for in Paragraph I of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: 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 Any member of ESRS or ERS retired under §22.1-47, Nonoccu_oational Disability Retirement Allowance, or under §22.1-65, Nonoccu_~ational Disability_ Retirement Allowance, respectively, of the City Code; or Any member of ESRS or ERS retired under §22.1-48, Occu_~ational Disability Retirement Allowance, or under §22.1-66, Occu_oational Disability Retirement Allowance, respectively, of the City Code; or 535 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, Em_r~loyees' Su_o_~lemental 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 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. 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, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 536 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34280-051199. A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than fifteen 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. 33829-051198, adopted May 11, 1998. WHEREAS, employees of the City are encouraged to take responsibility for saving for their future retirement; WHEREAS, providing 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 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, 1999, the City shall contribute not less than five dollars nor more than fifteen 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. 33829-O51198, adopted by this Council on May 11, 1998, is hereby REPEALED effective July 1, 1999. 537 July 1, 1999. This Resolution shall be in full force and effect on and after APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34281-051199. A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 1999-2000 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. WHEREAS, citizen input has been received and considered on three occasions: January 7, March 30, and May 3, 1999, on the Annual Update to the HUD Consolidated Plan ("Plan") for FY 1999-2000; and WHEREAS, the Plan must be approved by this Council and submitted to HUD by May 14, 1999, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 538 t. The City Manager or his designee is hereby authorized, for and on behalf of the City, to submit the approved Annual Update of the Consolidated Plan for FY 1999-2000 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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34282-051199. A RESOLUTION electing and appointing William M. Hackworth as City Attorney for the City of Roanoke, and ratifying the terms and conditions of employment as City Attorney offered to Mr. Hackworth. WHEREAS, the City Council desires to elect and appoint William M. Hackworth as Roanoke City Attorney pursuant to the Roanoke Charter of 1952; and WHEREAS, William M. Hackworth has agreed to accept election and appointment as City Attorney; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. William M. Hackworth is hereby elected and appointed as City Attorney of the City of Roanoke effective July 1, 1999, or as soon thereafter as Mr. Hackworth can assume such position, for a term which shall expire September 30, 2000. 2. The terms and conditions of Mr. Hackworth's election and appointment as City Attorney shall be as hereinafter set forth: (a) The annual salary shall be $104,000; 539 (b) The City shall annually pay on behalf of Mr. Hackworth the sum of $7,500.00 to the International City Management Association- Retirement Corporation (ICMA-RC) for Mr. Hackworth's participation in said ICMA-RC Retirement Plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated based on the number of weeks actually worked. (c) Recognizing that the job requirements of City Attorney routinely require incurring of travel related expenses in the course of City business, a bi-weekly salary increment of $76.92 shall be provided for use by Mr. Hackworth of a privately-owned or leased automobile in the conduct of official City business; (d) The City shall put into force on Ur. Hackworth's behalf a disability insurance policy providing income benefits equivalent to seventy percent (70%) of the Mr. Hackworth's net salary for the duration of any disability and make required premium payments thereon; (e) Mr. Hackworth shall receive reimbursement for one interview trip to Roanoke and reimbursement for two (2) house-hunting and resettlement trip expenses; (q The City shall reimburse Mr. Hackworth for moving expenses based on the lowest of three estimates. (g) The City will provide up to ninety days of temporary reasonable lodging in the City, if necessary, until Mr. Hackworth's family is able to be moved to Roanoke. The lodging arrangements will be preapproved by the city. 54O (h) After six months of employment, Mr. Hackworth will be entitled to additional extended illness leave of approximately 430 hours calculated in accordance with City policies. (i) With respect to benefits and terms and conditions of employment not enumerated in this resolution, Mr. Hackworth shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 3. Mr. Hackworth will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1999. No. 34283-051199. AN ORDINANCE establishing compensation for the City Attorney for the fiscal year beginning July 1, 1999; 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, 1999, and ending June 30, 2000, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salary of the City Attorney shall be as $104,000.00. 541 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City 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 on and after July 1, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34284-051799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund A_o_oro_oriations Education Instruction (1) ................................. Facilities (2-6) ................................. Special Education Capacity Building (7) ........... $ 117,314,984.00 68,180,536.00 2,311,615.00 29,598.00 Revenue Education Grants-in-Aid Commonwealth (8) ................. Grants (9) .................................... 115,009,832.00 44,796,209.00 17,360,471.00 Fund Balance Reserved for CMERP - Schools (10) ............... $ 0.00 School Capital Prqiects Fund A_D_Dro_Driations Education Huff Lane School Improvements (11) .............. Addison Technology Systems (12-13) ............. Interest Expense - Short Term (14) ................ Capital Improvement Reserve Public Improvement Bonds 1997 Series (15) ....... $ 29,334,320.00 2,342,922.00 781,786.00 200,000.00 $ (8,934,624.00) (7,983,603.00) 1) Books and Subscriptions 2) Additional Machinery and Equipment 3) Additional Machinery and Equipment 4) Additional Machinery and Equipment 5) Replacement - Other Capital Outlays 6) Buildings 7) Other Professional Services 8) Educational Technology 9) Federal Grant Receipts 10) Reserved for CMERP - Schools 11) Appropriated from VPSA Bonds (030-060-6001-6000-0613) (030-060-6006-6681-0821) (030-060-6006-6682-0821) (030-060-6006-6683-0821) (030-060-6006-6896-0809) (030-060-6006-6896-0851) (030-060-6552-6029-0313) ( 030-060-6000-0647) (030-060-6552-1102) (030-3324) (031-060-6089-9006) $ 180,000.00 48,522.00 2,800.00 32,309.00 205,275.00 50,030.00 1,384.00 382,275.00 1,384.00 (136,661.00) 6,500.00 543 12) Appropriated from Bond Funds 13) Appropriated from Third Party 14) Appropriated from State Grant Funds 15) Schools (031-060-6095-6896-9001) (031-060-6095-6896-9004) (031-060-6099-6998-9007) (031-060-9706-9182) $ 350,666.00 2,301.00 200,000.00 344,166.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34285-051799. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Roanoke Valley Governor's School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The school board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $3,250,000.00 for the cost of adding to and improving the present school building at Roanoke Valley Governor's School ("the Project"). 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be issued for the Project is $3,250,000.00. 544 §1.150-2. This is a declaration of official intent under Treasury Regulation APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34286-051799. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Roanoke Valley Governor's School. WHEREAS, the School Board for the City of Roanoke, on the 17th day of May, 1999, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $3,250,000.00, for adding to and improving the present school building at the Roanoke Valley Governor's School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $3,250,000.00 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. 545 The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34287-051799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ropriations General Fund (1-61) ............................. $ 174,411,492.00 Revenue General Fund (62-70) ............................ $ 169,176,562.00 1) Regular Employee Salaries (001-001-1110-1002) $ 2.00 2) Regular Employee Salaries (001-001-1120-1002) 7,864.00 546 3) Regular Employee Salaries 4) Regular Employee Salaries 5) Regular Employee Salaries 6) Regular Employee Salaries 7) Regular Employee Salaries 8) Regular Employee Salaries 9) Regular Employee Salaries 10) Regular Employee Salaries 11) Regular Employee Salaries 12) Regular Employee Salaries 13) Regular Employee Salaries 14) Regular Employee Salaries 15) Regular Employee Salaries 16) Regular Employee Salaries 17) Regular Employee Salaries 18) Regular Employee Salaries 19) Regular Employee Salaries 20) Regular Employee Salaries 21) Regular Employee Salaries 22) Regular Employee Salaries 23) Regular Employee Salaries 24) Regular Employee Salaries (001-002-1211-1002) (001-002-12t2-1002) (001-002-1261-1002) (001-002-1263-1002) (001-002-8120-1002) (001-003-1220-t 002) (001-004-1231-1002) (001-004-1232-1002) (001-005-1240-1002) (001-010-1310-1002) (001-020-1234-1002) (001-022-1233-1002) (001-023-1235-1002) (001-024-2t 40-1002) (001-024-3310-1002) (001-026-2210-1002) (001-026-2211-1002) (001-028-2111-1002) (001-050-1260-1002) (001-050-3111-1002) (001-050-3112-1002) (001-050-3113-1002) $11,310.00 7,859.00 42,145.00 ( 12.00) (38,760.00) 49,227.00 (26,024.00) (26,429.00) (6,701.00) 720.00 24,3O0.00 (42,662.00) (28,603.00) 15,448.00 (205,108.00) (53,550.00) ( 7.00) (13,283.00) 2.00 7,813.00 (96,296.00) (325,100.00) 547 25) 26) 27) 28) 29) 3O) 31) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) 46) 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 Salar,es Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salar,es Regular Employee Salaries Regular Employee Salar,es (001-050-3114-1002) (001-050-3115-1002) (001-050-3211-1002) (001-050-3212-1002) (001-050-3213-1002) (001-050-3214-1002) (001-050-3520-1002) (001-050-3521-1002) (001-050-3530-1002) (001-050-4130-1002) (001-052-1280-1002) (001-052-3410-1002) (001-052-4110-1002) (001-052-4160-1002) (001-052-4210-1002) (001-052-4211-1002) (001-052-4220-1002) (001-052-4310-1002) (001-052-4330-1002) (001-052-4340-1002) (001-052-7110-1002) (001-052-8110-1002) $ (38,387.00) 32,763.00 (43,045.00) (40,178.00) (120,926.00) (4,852.00) 1,928.00 (60,699.00) (19,294.00) (35,927.00) ( 1.oo) 1,424.OO (62,708.00) (15,462.00) (98,968.00) (66,621.00) (46,440.00) 5,947.OO (54,350.00) (156,192.00) (16,797.00) (63,925.00) 548 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 6O) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) 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 Salar,es Regular Employee Salaries Regular Employee Salaries Salary Lapse D-Day Memorial Treasurer Commissioner of the Revenue Sheriff Commonwealth's Attorney General Administration Direct Social Services - Administration Employment Services Foster Care VISSTA (001-054-1270-1002) (001-054-2150-1002) (001-054-5311-1002) (001-054-5312-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-5317-1002) (001-054-5318-1002) (001-054-7310-1002) (001-056-1237-1002) (001-056-1250-1002) (001-072-2110-1002) (001-002-9410-1090) (001-002-7220-3704) (001-020-1234-0613) (001-020-1234-0612) (001-020-1234-0611 ) (001-020-1234-0610) (001-020-1234-0676) (001-020-1234-0685) (001-020-1234-0681) (001-020-1234-0675) (001-020-1234-0671) $( ( ( ( 9.00) 11,833.00) 19,575.00) 970.00) 50,641.00 ( 47,179.00) ( 66,613.00) ( 1,082.00) ( 2,602.00) ( 41,818.00) 1,894.OO ( 1.00) 18,994.00 (1,371,325.00) 50,000.00 12,150.00 ( 21,331.00) (189,660.00) ( 53,550.00) 15,048.00 ( 23,590.00) ( 33,307.00) ( 541.00) ( 2,602.00) 549 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34288-051799. A RESOLUTION authorizing the City Manager to execute an agreement with Roanoke Festival in the Park, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Roanoke Festival in the Park, Inc., substantially similar in form to the agreement attached to the City Manager's report dated May 17, 1999, to this Council, authorizing the City to grant credit up to a maximum amount of $56,100.00 for use by such organization for festival activities to be held in 1999, with adjustments in accordance with the Consumer Price Index to the maximum credit amount for the years 2000 and 2001, as set out in the City Manager's report to this Council dated May 17, 1999. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 55O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34289-051799. AN ORDINANCE authorizing the City Manager's issuance of Change Order No.6 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Acting City Manager or the Acting Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 6 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated May 17, 1999. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $56,859.00 to the original contract dated September 18, 1997, all as set forth in the above report. 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 David A. Bowers Mayor 551 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34290-051799. AN ORDINANCE providing for the acquisition of additional property rights needed by the City in connection with the Roanoke Regional Mitigation Grant Program; authorizing the City Manager or his designee to acquire these properties in conformance with the City of Roanoke Floodplain Management Acquisition Policy; authorizing the City Manager or his designee to fix a certain limit on the consideration to be offered by the City for such properties; and providing for an emergency. WHEREAS, City Council adopted the City of Roanoke Floodplain Management Acquisition Policy on March 1, 1999 by Ordinance No. 34199-030199; and WHEREAS, there are additional properties not identified in March 1999 to be acquired in connection with the Roanoke Regional Mitigation Grant Program. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The proper City officials are authorized to acquire for the City in accordance with the City of Roanoke's Floodplain Management Acquisition Policy the fee simple interest in property as identified in the Council report and attachments thereto dated May 17, 1999. Such acquisition shall be for such consideration as deemed appropriate by the City Manager, subject to the monetary limits established below, and subject to certain limitations and applicable statutory guidelines as more specifically set forth in the Council report and the City of Roanoke Floodplain Management Acquisition Policy. Upon the acceptance of any offer and upon delivery to the City of a deed or option, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the grantors of the interest conveyed. 2. Any structures located on the property may be disposed of or removed by the owner or the City in accordance with the Roanoke Floodplain Management Acquisition Policy, and the proper City officials are authorized to take such action as is appropriate and necessary to implement that part of the policy. 3. The total funds of the City to be expended for acquisition of the parcels as identified in the May 17, 1999 report to Council shall not exceed $27,000.00 without further authorization by this Council. 552 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34291-051799. A RESOLUTION authorizing the City Manager to execute an agreement with the Virginia Department of Transportation for installation of short-arm gates and flashing lights at the railroad crossing on 18th Street, S.W. (between Campbell and Cleveland Avenues), in connection with the Surface Transportation Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee and the City Clerk are hereby authorized, on behalf of the City to execute, seal and attest, respectively, in form approved by the City Attorney, the 18th Street, S.W. Railroad Grade Crossing Safety Project Agreement with the Virginia Department of Transportation for installation of short-arm gates and flashing lights at the railroad crossing on 18th Street, S.W. (between Campbell and Cleveland Avenues), in connection with the Surface Transportation Program, as more particularly set forth in report of the City Manager dated May 17, 1999. APPROVED Mary F. Parker City Clerk Mayor 553 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34292-051799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oropriations Recreation Franklin Square Project (1) ....................... Capital Improvement Reserve Public Improvement Bonds Series 2000 (2~ ......... $ 3,864,227.00 150,000.00 $ 11,180,249.00 (1,375,671.00) 1) Appropriated from Bond Funds (008-052-9725-9001) $ 150,000.00 2) Parks (008-052-9709-9180) (150,000.00) 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 554 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999~ No. 34293-051799. AN ORDINANCE providing for the acquisition of a fee simple interest in property needed by the City for an entrance way park to Downtown Roanoke; setting a certain 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; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Entranceway Park Project, the City wants and needs fee simple title to property identified by Tax Map Nos. 1020228, 1020229, 1020230, 1020231, and 1020232. The proper City officials are authorized to acquire the necessary property rights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines, providing the consideration offered shall not exceed $135,000.00 without further authorization of Council. All requisite document shall be approved by the City Attorney. 2. 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 or owners, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner or owners of the real estate identified above, or should any owner or owners be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the property rights identified above. 4. In seeking or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owner or owners. 555 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 ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34294-051799. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made for the acquisition of real property for the construction of the entrance way park to Downtown Roanoke; 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 $150,000.00 appropriated by an ordinance simultaneously adopted by the City Council on May 17, 1999, for certain expenditures to be made for acquisition of real property for the construction of the entrance way park to Downtown Roanoke from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000.00 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election 556 held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the acquisition of real property for the construction of the entrance way park to Downtown Roanoke, is $150,000.00. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph I of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. This Resolution shall be effective on and after the date of its adoption. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34295-051799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riations Capital Outlay (1) ............................... $ Retained Earnings Retained Earnings (2) ............................ $ 1) Appropriated from General Revenue (017-052-2642-9015) 2) Retained Earnings (017-3336) 557 3,402,544.00 3,954,400.00 $ 284,682.00 (284,682.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34296-051799. A RESOLUTION accepting the bid Carolina Environmental Systems, Inc., for the purchase of two new complete refuse trucks, upon certain terms and conditions; and rejecting all other bids made for such item. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Carolina Environmental Systems, Inc., for the purchase of two new complete refuse trucks, at a cost of $284,682.00 is hereby ACCEPTED. 558 2. The City's Manager of Supply Management is hereby authorized and directed to issue any required purchase orders for the purchase of such refuse trucks, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid refuse trucks, 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. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34297-051799. AN ORDINANCE to amend and reordain certain sections of the 1998- 1999 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 1998-1999 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium Title II-C (1-20) .................................. Title II-B (21-39) ................................. Title 111-40% (40) ................................ $ 5,950,373.00 44,780.00 359,661.00 400,000.00 559 REVENUE Fifth District Employment & Training Consortium Title II-C (41~ ................................... Title II-B (42) ................................... Title 111-40% (43) ................................ $ 5,950,373.00 44,780.00 359,661.00 400,000.00 1) Services Wages 2) Services Fringes 3) Services Communications 4) Services Supplies 5) Training Wages 6) Training Fringes 7) Training Travel 8) Training Communications 9) Training Supplies 10) Training Insurance 11) Miscellaneous 12) Administrative Wages 13) Administrative Fringes 14) Administrative Travel 15) Administrative Communications 16) Administrative Supplies 17) Administrative Insurance 18) Administrative Miscellaneous (034-054-2063-8030) (034-054-2063-8031) (034-054-2063-8033) (034-054-2063-8035) (034-054-2063-8050) (034-054-2063-8051) (034-054-2063-8052) (034-054-2063-8063) (034-054-2063-8055) (034-054-2063-8056) (034-054-2063-8060) (034-054-2063-8350) (034-054-2063-8351) (034-054-2063-8352) (034-054-2063-8353) (034-054-2063-8355) (034-054-2063-8356) (034-054-2063-8360) 19) Participant Support (034-054-2063-8461) 20) Retraining Tuition 21) Temporary Employee 22) Training Wages 23) Training Fringes 24) Training Travel 25) Training Communications 26) Training Supplies (034-054-2063-8500) (034-054-9965-8049) (034-054-9965-8050) (034-054-9965-8051) (034-054-9965-8052) (034-054-9965-8053) (034-054-9965-8055) $ 2,500.00 500.00 70.00 150.00 10,000.00 3,000.00 150.00 150.00 150.00 50.00 60.00 7,700.00 2,000.00 250.00 100.00 250.00 100.00 100.00 2,000.00 15,500.00 4,200.00 15,260.00 3,000.00 400.00 250.00 250.00 56O 27) Training Insurance 28) Training Miscellaneous 29) Roanoke City Schools 30) Dabney Lancaster 31) TAP 32) Roanoke County Schools 33) Administrative Wages 34) Administrative Fringes 35) Administrative Travel 36) Administrative Communications 37) Administrative Supplies 38) Administrative Insurance 39) Administrative Miscellaneous 40) Participant Support 41) Title II - C 42) Title II - B 43) Title III - 40% (034-054-9965-8056) (034-054-9965-8060) (034-054-9965-8231) (034-054-9965-8232) (034-054-9965-8233) (034-054-9965-8239) (034-054-9965-8350) (034-054-9965-8351) (034-054-9965-8352) (034-054-9965-8353) (034-054-9965-8355) (034-054-9965-8356) (034-054-9965-8360) (034-054-9982-8461) (034-054-2063-2063) (034-054-9965-9965) (034-054-9982-9982) $ 250.00 100.00 82,000.00 54,000.00 84,000.00 85,000.00 24,040.00 5,711.00 300.00 500.00 100.00 200.00 100.00 25,000.00 44,780.00 359,661.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34299-051799. 561 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 1998-99 Higher Education Authority Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oropriations Higher Education Authority Operating (1) ................................... Revenues Higher Education Authority Funding from Third Party (2) ...................... 1) 2) shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk $ 5,451,500.00 192,500.00 $ 5,451,500.00 10,000.00 Fees for Professional Services Fifth District Planning Commission (020-002-8720-2010) (020-020-1234-1234) $ 10,000.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance Mayor AN ORDINANCE to amend and reordain certain sections of the 1998-99 Higher Education Authority Fund Appropriations, and providing for an emergency. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34300-051799. AN ORDINANCE accepting the bid for the exterior and interior painting of Washington Heights Elevated Water Tank by J & W Sandblasting of North Carolina, Inc., 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 for the exterior and interior painting of Washington Heights Elevated Water Tank by J & W Sandblasting of North Carolina, Inc., in the total amount of $95,400.00, as is more particularly set forth in the City Manager's report dated May 17, 1999, 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 said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The Acting City Manager or the Acting Assistant 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 said 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker David A. Bowers City Clerk Mayor 563 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34301-051799. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 1999-2000 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 1999- 2000 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 $126,608.00, which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget for Fiscal Year 1999-2000 for the operation of the regional government and regional educational access station, RVTV, as set forth in a report to this Council dated May 17, 1999, is hereby approved. 564 2. The amount of $126,608.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 1999-2000 as requested in the report to this Council dated May 17, 1999. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1999. No. 34303-051799. A RESOLUTION endorsing the Greater Raleigh Court Neighborhood Plan, and amending the City's Official Comprehensive Development Plan for Roanoke, an element of Roanoke Vision to include such Plan. WHEREAS, the Greater Raleigh Court Neighborhood Plan was presented to the Planning Commission; WHEREAS, the Planning Commission held public hearings on April 21, and May 5, 1999, and recommended adoption of 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, May 17, 1999, on the proposed amendment, 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 endorses the Greater Raleigh Court Neighborhood Plan dated May 5, 1999, and amends the City's Official Comprehensive Development Plan for Roanoke, an element of Roanoke Vision, to include the Greater Raleigh Court Neighborhood Plan. 565 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34298-060799. AN ORDINANCE amending Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, by adding new §§6-11, Public nuisance animal, 6-12, Duty of animal owners, 6-13, Cleaning up after animals, and 6-27, Limitations on kee_r)ing, and amending §§6-22, Definitions, 6-42.1, Licensing imposed, 6-43, When due and payable, and 6-45, Issuance, composition and contents of license; the added and amended sections defining "public nuisance animal" and creating a Class 3 misdemeanor for keeping a public nuisance animal in the City, prescribing a duty of care for animal owners, requiring owners to clean up after their animals, limiting to four the number of dogs kept on residential property, providing new definitions of "dog", "domestic", "farm" and "to run at large" or "running at large", and establishing new fees for licenses for dogs and commercial kennels; and providing for an effective date of July 1, 1999. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new §§6-11, Public nuisance animal, 6-12, Duty of animal owners, 6-13, Cleaning up after animals., and 6-27, Limitations on keeping, such new sections to read and provide as follows: 566 §6-11. (a) (b) Public nuisance animal. A public nuisance animal shall mean and include any animal or animals that: (s) is observed to run at large, as defined by §6- 22, two or more times in any six month period; (2) excessively makes disturbing noises including, but not limited to, continued or repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (3) creates unsanitary conditions or offensive and objectionable odors in enclosures or surroundings where the animal is kept and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept; (4) is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of animals maintained; or (5) an animal which is not being kept in comformity with city zoning ordinances. No person shall keep, harbor, act as the custodian of or permit to remain in or about any premises occupied by him any public nuisance animal, and violation of this section shall constitute a class 3 misdemeanor. In addition, any violation of this section is hereby declared a public nuisance, and any person suffering injury or damage therefrom may seek correction, removal or abatement of such public nuisance through appropriate suit in equity. Any public nuisance animal, as defined by subsection (a) of this section, may be impounded. 567 (c) This section shall have no application to dangerous and vicious dogs which are regulated by Division 3 of this Article. §6-12. Duty of animal owners. It shall be the duty of the owner, as defined by §6-22 of this chapter, of any animal to exercise reasonable care and take all necessary steps and precautions to protect other persons, property and animals from injuries or damage which might result from his animal's behavior. If the owner or custodian of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this section are complied with. §6-13. Cleanin~l up after animals. Any person who is the owner, as defined by §6-22 of this chapter, of any animal shall promptly remove and properly dispose of all feces left by such animal on any public property or on any private property not owned by such person or not lawfully occupied by such person. §6-27. Limitations on keepincj. (a) No person shall keep or harbor, have in his care, act as the custodian of, permit to remain on or about premises occupied by him or otherwise be the owner of more than four (4) dogs on any parcel of real property zoned for residential use (RS-l, RS-2, RS-3, RM-1, RM-2, RM-3 and RM-4, pursuant to Chapter 36.1 of this Code) or used for residential purposes. (b) This section shall have no application to: (1) Dogs under the age of four (4) months; (2) Dogs kept on any parcel of real property zoned RA, Residential Agricultural District, pursuant to Chapter 36.1 of this Code; (3) Dogs kept on any farm; or (4) Dogs kept at a veterinary hospital, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, or any such laboratory shall comply with Chapters 19, License Tax Code, and 36.1, Zoning, of this Code. (c) Violation of this section shall constitute a Class 4 misdemeanor. 2. Sections 6-22, Definitions, 6-42.1, Licensing im_r)osed, 6-43, When due and payable, and 6-45, Issuance. composition and contents of license, of Chapter 6, Animals and fowl, are amended and reordained as follows: §6-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Dog: A carnivorous domestic mammal of the family Canidae, including hybrids and crosses within this family. Domestic: Those species of animals that normally and customarily share a human habitat or which are dependent on humans for food and shelter, including, but not limited to, dogs, cats, cattle, horses, sheep and goats. Farm: Any parcel of land three (3) acres in size or larger, regardless of zoning, devoted to production for sale of plants or animals or to production for sale of plant or animal products useful to man. To run at large or running at large: A dog shall be deemed to run at large or to be running at large while off the property of its owner or custodian unless such dog is under direct physical 569 restraint by a leash, cage or similar effective device which restrains and controls the dog or is securely confined within a motor vehicle or securely confined by a fence or other secure enclosure. If the secure enclosure is an effective, working invisible fence, then there shall be a visible, permanent sign upon the premises stating that there is an invisible fence. Exempted from this definition shall be dogs that are participating in organized obedience training, training classes, field trials or shows sponsored by recognized kennel clubs; dogs that are participating in search and rescue operations carried out in conjunction with any governmental public safety agency; dogs that are participating in pet therapy programs in hospitals, hospices, clinics, nursing homes, elderly facilities and similar institutional facilities; dogs that are being trained as service dogs by a certified service dog trainer; and dogs that are being employed by law enforcement agencies in law enforcement operations. §6-42.1 Licensing imposed. (a) An annual license fee is hereby imposed on dogs required to be licensed under this Division in the following amounts: (1) Each male or female dog ............. $ 10.00 (2) Each sterilized dog .................. $ 5.00 (3) Any commercial kennel for ten (10) or less dogs for which a valid business license exists ...................... $ 50.00 (4) Any commercial kennel for twenty (20) or less dogs for which a valid business license exists ............................. $100.00 (5) Any commercial kennel for thirty (30) or less dogs for which a valid business license exists ........ $150.00 570 (6) Any commercial kennel for forty (40) or lees dogs for which a valid business license exists .......... $200.00 (7) Any commercial kennel for fifty (50) or less dogs for which a valid business license exists .......... $250.00 (8) Any dog declared dangerous by any general district court or circuit court of the commonwealth (in addition to the applicable fee under (1) or (2) above) .......................... $ 50.00 (b) The owner of a dog may purchase a three-year license as long as the three-year license period does not exceed the period that the rabies inoculation is effective for the particular dog as certified by a veterinarian. The three-year license fees shall be as follows: (1) Each male or female dog .............. $25.00 (2) Each sterilized dog ................... $10.00 (c) No kennel for more than fifty (50) dogs shall be licensed or permitted in the city. No kennel license shall be issued unless the applicant for such license presents a valid business license issued by the commissioner of revenue for such kennel operation. (d) No license fee shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as hearing dog for a deaf or hearing impaired person, or that is trained and serves as a service dog for a mobility- impaired person. As used in this section, "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond, and "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support. 571 §6-43. When fee due and payable. The license fee imposed on dogs by sections 6-42 and 6-42.1 shall be due and payable as follows: On or before January 1 of each year, the owner of any dog four (4) months old or older shall pay such fee. Application for a dog license shall be filed, accompanied by the prescribed license fee, between November 1 and December 31 of the preceding calendar year. (2) If a dog shall become four (4) months of age or come into the possession of any person between January 1 and October 31, inclusive, of any year, the license fee for the current calendar year shall be paid within thirty (30) days by the owner. (3) If a dog shall become four (4) months of age or come into the possession of any person between November 1 and December 31 of any year, the license fee for the succeeding calendar year shall be paid within thirty (30) days by the owner, and such license shall protect such dog from the date of purchase. (4) In the case of a three (3) year license issued pursuant to §6-42.1(b), the application shall be filed and the prescribed fee paid between November 1 and December 31 for the succeeding license period of three (3) consecutive calendar years. Sec. 6-45. Issuance, composition and contents of license. (a) Upon receipt of a proper application and the prescribed license fee, the city treasurer shall issue a dog license; provided, that no such license shall be issued for any dog, unless there is presented to the city treasurer evidence satisfactory to the treasurer that the owner has complied with section 6-62 with respect to such dog. (b) Each dog license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name and address 572 of the owner or custodian of the dog, the date of payment, the year for which the license is issued, the serial number of the tag, and whether the license is for a sterilized or unsterilized dog or for a kennel. The metal tag issued hereunder shall be stamped or otherwise permanently marked to show the name of the city, the whether the dog is sterilized or unsterilized, and the calendar year for which issued and shall bear a serial number. 3. This ordinance shall be in full force and effect on and after July 1, 1999. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34304-060799. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, James L. Walker 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 C-1, Office District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 17, 1999, 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 573 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. 232 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property located at 1805 Orange Avenue, N.W., and designated on Sheet No. 232 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2321415, be, and is hereby rezoned from C-2, General Commercial District, to C-1 Office District, pursuant to the First Amended Petition filed in the Office of the City Clerk on January 27, 1999, and that Sheet No. 232 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34305-060799. 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, subject to certain conditions proffered by the applicant. WHEREAS, John A. Bright and William T. Bright, 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 by the applicant; and 574 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 17, 1999, 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: A tract of land located at 907 4th Street, S.E., and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4021001, be, and is hereby rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on April 13, 1999, and that Sheet No. 402 of the Zone Map be changed in this respect. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 575 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34306-060799. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the City of Roanoke filed its First Amended Application on March 29, 1999, 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 First Amended Application by the City Council on May 17, 1999, 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 First Amended 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: Portions of Norfolk Avenue, S.W., extending in an easterly direction from Second Street, S.W., lying generally between Second Street, S.W., and Williamson Road, S.E., and a portion of former Norfolk Avenue, S.W., 576 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 closure of the subject right-of-way is conditioned upon the City of Roanoke reaching an agreement with Norfolk Southern Corporation, Inc. ("Norfolk Southern"), for the exchange of the closed portions of the public right-of-way for property belonging to Norfolk Southern, said exchange to be effected and memorialized in the above-referenced subdivision plat. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the First Amended 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. 577 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 applicant shall make a presentation before the Roanoke City Architectural Review Board, such Board to make a recommendation to the Agent to the Planning Commission regarding the style of fence to be erected. 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. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34307-060799. A RESOLUTION amending Resolution No. 33429-061697, previously adopted on June 16, 1997, authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The amount that the School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund for the cost of adding to and improving the present school building at Addison Middle School (the "Project") is increased from $9,400,000.00 to $10,600,000.00. 578 2. Due to circumstances arising after the adopting of Resolution No. 33429-061697, the maximum principal amount of debt now expected to be issued for the Project is $10,600,000.00, rather than $9,400,000.00. 3. This resolution shall be effective immediately. APPROVED ATTEST: ~)~,~ Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34308-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations General Government City Treasurer (1) ............................... Commissioner of the Revenue (2) .................. $ 11,475,562.00 946,802.OO 1,002,448.00 Revenues Grants-in-Aid Commonwealth $ 41,313,028.00 Shared Expenses (3-4) ........................... 7,125,268.00 579 1) Expendable Equipment 2) Furniture and Equipment 3) Commissioner of the Revenue 4) Treasurer (001-020-1234-2035) $ 14,450.00 (001-022-1233-9005) 27,400.00 (001-020-1234-0612) (001-020-1234-0613) 27,400.00 14,450.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34309-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 39,202,129.00 Jail (1) ....................................... 8,105,050.00 Community Development $ 2,785,080.00 Economic Development (2) ....................... 377,465.00 1) Reimbursements 2) Fees for Professional Services (001-024-3310-8005) (001-002-8120-2010) $ (29,500.00) 29,500.00 580 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34310-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDro_~riations Public Works $ 24,765,879.00 Solid Waste Management Refuse (1) .............. 5,232,825.00 Nondepartmental $ 63,125,526.00 Salary Lapse (2) ............................... 160,000.00 1) Fees for Professional Services (001-052-4210-2010) 2) Salary Lapse (001-002-9410-1090) $ 332,000.00 (332,000.00) 581 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34311-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_~ropriations Non-departmental Transfer to Other Funds (1) ..................... Contingency (2) .............................. 62,205,589.00 61,540,378.00 301,872.00 Capital Projects Fund A_~.~ro.oriations General Government $ 22,113,869.00 Environmental Issues (3) ...................... 815,200.00 582 1) Transfer to Capital Projects Fund 2) Contingency 3) Appropriated from General Revenue (001-004-9310-9508) (001-002-9410-2199) (008-052-9670-9003) $ 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 Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34312-060799. AN ORDINANCE authorizing a contract between the City of Roanoke and Lumsden Associates, P.C., for the provision of professional services for the Greater Henry Street Development Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract between the City of Roanoke and Lumsden Associates, P.C., for the provision of engineering drawings and cost estimates for public infrastructure construction in the Greater Henry Street Development Project. 2. The amount of the contract shall not exceed $100,000.00 and the form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated June 7, 1999. 583 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34313-060799. A RESOLUTION authorizing the City Manager to enter into separate three (3) year engineering services contracts with certain engineering firms providing for the performance of certain bridge, overhead sign, and parking garage inspection services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to attest, respectively, a three (3) year engineering services contract with Hayes, Seay, Mattern & Mattern, Inc. for the provision by such firm of bridge, overhead sign, and parking garage inspection services, as more particularly set forth in the June 7, 1999, report of the City Manager to this Council, for an amount not to exceed $48,000.00 for the first year and with the second and third years to be negotiated according to the scope of work for each year. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a three (3) year engineering services contract with Mattern & Craig, Inc., for provision by such firm of bridge, overhead sign, and parking garage inspection services, as more particularly set forth in the June, 7, 1999, report of the City Manager to this Council, for an amount not to exceed $51,800.00 for the first year and with the second and third years to be negotiated according to the scope of work for each year. 584 City Attorney. The form of the contract with each firm shall be approved by the APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34314-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_r) ropriations Parks, Recreation and Cultural $ 4,415,097.00 Recreation (1) .................................. 1,810,929.00 Nondepartmental $62,113,186.00 Transfers to Other Funds (2) ..................... 61,447,975.00 Fund Balance Reserved for CMERP - City (3) ..................... $ 626,846.00 585 Capital Projects Fund A_~_oro_oriations Recreation $ 3,721,824.00 Municipal Swimming Pools (4) ................... 255,597.00 1) Other Equipment 2) Transfer to Capital Projects Fund 3) Reserved for CMERP - City 4) Appropriated from General Revenue (001-052-7110-9015) (001-004-9310-9508) (001-3323) (008-052-9723-9003) 18,954.00 7,597.00 (26,551.00) 7,597.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34315-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 586 A_o_Dropriation$ General Fund (1-43) ............................. $ 174,708,875.00 1) Worker's Comp Wages (001-002-8120-1135) $ 1,853.00 2) Worker's Comp Wages (001-004-1232-1135) 12,127.00 3) Worker's Comp Wages (001-024-3310-1135) 20,558.00 4) Worker's Comp Wages (001-050-3112-1135) 2,063.00 5) Worker's Comp Wages (001-050-3113-1135) 97,687.00 6) Worker's Comp Wages (001-050-3114-1135) 378.00 7) Worker's Comp Wages (001-050-3211-1135) 2,345.00 8) Worker's Comp Wages (001-050-3213-1135) 107,596.00 9) Worker's Comp Wages (001-050-3521-1135) 172.00 10) Worker's Comp Wages (001-052-3410-1135) 4,753.00 11) Worker's Comp Wages (001-052-4110-1135) 6,925.00 12) Worker's Comp Wages (001-052-4210-1135) 22,801.00 13) Worker's Comp Wages (001-052-4330-1135) 954.00 14) Worker's Comp Wages (001-052-4340-1135) 20,031.00 15) Worker's Comp Wages (001-054-1270-1135) 10,041.00 16) Worker's Comp Wages (001-054-3320-1135) 2,961.00 17) Worker's Comp Wages (001-004-9110-1135) (350,000.00) 18) Worker's Comp Medical (001-002-1263-1140) 3,719.00 19) Worker's Comp Medical (001-002-8120-1140) 8,280.00 20) Worker's Comp Medical (001-004-1231-1140) 540.00 587 21) Worker's Comp Medical 22) Worker's Comp Medical 23) Worker's Comp Medical 24) Worker's Comp Medical 25) Worker's Comp Medical 26) Worker's Comp Medical 27) Worker's Comp Medical 28) Worker's Comp Medical 29) Worker's Comp Medical 30) Worker's Comp Medical 31) Worker's Comp Medical 32) Worker's Comp Medical 33) Worker's Comp Medical 34) Worker's Comp Medical 35) Worker's Comp Medical 36) Worker's Comp Medical 37) Worker's Comp Medical 38) Worker's Comp Medical 39) Worker's Comp Medical 40) Worker's Comp Medical 41) Worker's Comp Medical (001-004-1232-1140) (001-024-2140-1140) (001-024-3310-1140) (001-050-3113-1140) (001-050-3213-1140) (001-050-3521-1140) (001-050-4130-1140) (001-052-3410-1140) (001-052-4110-1140) (001-052-4160-1140) (001-052-4210-1140) (001-052-4220-1140) (001-052-4310-1140) (001-052-4330-1140) (001-052-4340-1140) (001-052-7110-1140) (001-052-1270-1140) (001-054-3320-1140) (001-054-3360-1140) (001-054-5314-1140) (001-056-1237-1140) $ 12,748.00 42.00 31,571.00 107,501.00 194,351.00 4,436.00 169.00 19,807.00 17,945.00 19,765.00 9,601.00 1,153.00 105.00 3,723.00 55,563.00 8,219.00 31,488.00 13,477.00 1,231.00 841.00 480.00 588 42) Worker's Comp Medical (001-004-9110-1140) $ (350,000.00) 43) Salary Lapse (001-002-9410-1090) (160,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34316-060799. 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"); 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 589 WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former 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, 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: APPROVED Mary F. Parker City Clerk Mayor 590 IN THE 'COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34317-060799. A RESOLUTION authorizing the Director of Finance to place an advertisement in the Roanoke Times and the Roanoke Tribune of real estate which is delinquent for nonpayment of taxes thereon pursuant to §58.1-3925 of the Code of Virginia (1950), as amended. BE IT RESOLVED by the Council of the City of Roanoke that the Director of Finance is authorized to publish a list of real eState which is delinquent for the nonpayment of taxes thereon as more specifically set forth in the letter from the Director of Finance to Council dated June 7, 1999, pursuant to §58.1-3925 of the Code of Virginia (1950), as amended. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34318-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 591 Appropriations General Fund (1-184) ............................ $175,158,875.00 1) City Information Systems 2) CIS - PC Rental 3) City Information Systems 4) CIS - PC Rental 5) City Information Systems 6) ClS - PC Rental 7) Fleet Management 8) Fleet Rental 9) City Information Systems 10) CIS - PC Rental 11) Risk Management Crisis 12) City Information Systems 13) ClS - PC Rental 14) Risk Management Overhead 15) ClS - PC Rental 16) Risk Management Overhead 17) City Information Systems 18) ClS - PC Rental 19) Fleet Management 20) Fleet Rental 21) City Information Systems 22) ClS - PC Rental 23) City Information Systems 24) CIS - PC Rental 25) Risk Management Overhead 26) City Information Systems (001-001-1110-7005) (001-001-1110-7007) (001-001-1120-7005) (001-001-1120-7007) (001-002-1211-7005) (001-002-1211-7007) (001-002-1211-7025) (001-002-1211-7027) (001-002-1212-7005) (001-002-1212-7007) (001-002-1212-7018) (001-002-1261-7005) (001-002-1261-7007) (001-002-1261-7017) (001-002-1263-7007) (001-002-1263-7017) (001-002-8120-7005) (001-002-8120-7007) (001-002-8120-7025) (001-002-8120-7027) (001-002-8123-7005) (001-002-8123-7007) (001-003-1220-7005) (001-003-1220-7007) (001-003-1220-7017) (001-004-1231-7005) $ 741.00 2,252.00 8,822.00 2,149.00 5,435.00 1,823.00 (1,505.00) 258.00 (71,315.00) ( 725.00) ( 643.00) 157.00 532.00 209.00 ( 500.00) 159.00 1,734.00 1,404.00 1,148.00 1,678.00 547.00 2,100.00 4,610.00 1,978.00 226.00 (118,430.00) 592 27) Risk Management Overhead 28) City Information Systems 29) CIS - PC Rental 30) Risk Management Overhead 31) Fleet Management 32) Fleet Rental 33) City Information Systems 34) CIS - PC Rental 35) City Information Systems 36) CIS - PC Rental 37) City Information Systems 38) CIS - PC Rental 39) City Information Systems 40) CIS - PC Rental 41) Risk Management Overhead 42) City Information Systems 43) CIS - PC Rental 44) Risk Management Overhead 45) Fleet Management 46) City Information Systems 47) CIS - PC Rental 48) Risk Management Overhead 49) Fleet Management 50) City Information Systems 51) CIS - PC Rental 52) City Information Systems 53) ClS - PC Rental 54) Risk Management Overhead (001-004-1231-7017) (001-004-1232-7005) (001-004-1232-7007) (001-004-1232-7017) (001-004-1232-7025) (001-004-1232-7027) (001-005-1240-7005) (001-005-1240-7007) (001-010-1310-7005) (001-010-1310-7007) (001-020-1234-7005) (001-020-1234-7007) (001-022-1233-7005) (001-022-1233-7007) (001-022-1233-7017) (001-023-1235-7005) (001-023-1235-7007) (001-024-2140-7017) (001-024-2140-7025) (001-024-3310-7005) (001-024-3310-7007) (001-024-3310-7017) (001-024-3310-7025) (001-026-2210-7005) (001-026-2210-7007) (001-028-2111-7005) (001-028-2111-7007) (001-028-2111-7017) 265.00 { 97,594.00) 5,533.00 253.00 2,449.00 341.00 4,369.00 628.00 1,473.00 969.00 15,320.00 3,433.00 121,933.00 5,233.00 246.00 (41,038.00) 4,441.00 199.00 (4,238.00) (93,120.00) 7,343.00 6,206.00 13,075.00 3,428.OO 7,722.OO (8,772.00) (4,212.00) (1,131.00) 593 55) City Information Systems (001 56) CIS - PC Rental (001 57) ClS - PC Rental (001 58) Fleet Management (001 59) Fleet Rental (001 60) Risk Management Overhead 61) Fleet Rental 62) Risk Management Overhead (001 63) Fleet Management (001 64) Fleet Rental (001 65) City Information Systems 66) Risk Management Overhead (001 67) Fleet Management (001 68) Fleet Rental (001 69) Fleet Management (001 70) Fleet Rental (001 71) City Information Systems (001 72) ClS - PC Rental (001 73) Fleet Management (001 74) Fleet Rental (001 75) Fleet Management (001 76) Fleet Rental (001 77) Risk Management Overhead (001 78) Fleet Management (001 79) Fleet Rental (001 80) City Information Systems 81) ClS - PC Rental 82) Risk Management Claims 83) Fleet Management 84) City Information Systems (001 85) CIS - PC Rental (001 86) Risk Management (001 87) Fleet Management (001 88) Fleet Rental (001 -050-1260-7005) -050-1260-7007) -050-3111-7007) -050-3111-7025) -050-3111-7027) (001-050-3112-7017) (001-050-3112-7027) -050-3113-7017) -050-3113-7025) -050-3113-7027) (001-050-3114-7005) -050-3114-7017) -050-3114-7025) -050-3114-7027) -050-3115-7025) -050-3115-7027) -050-3211-7005) -050-3211-7007) -050-3211-7025) -050-3211-7027) -050-3212-7025) -050-3212-7027) -050-3213-7017) -050-3213-7025) -050-3213-7027) (001-050-3520-7005) (001-050-3520-7007) (001-050-3520-7018) (001-050-3520-7025) -050-3521-7005) -050-3521-7007) -050-3521-7017) -050-3521-7025) -050-3521-7027) 413.00 782.00 4O, 155.00 264.00) 2,452.00 407.00 8,077.00 (5,593.00) 8,690.00 (60,480.00) 80,733.00 244.00 194.00 ( 334.00) 177.00 2,676.00 27,844.00 11,845.00 (3,845.00) ( 220.00) 4,562.00 (4,957.00) 773.00 (29,714.00) 15,252.00 2,154.00 1,937.00 137.00 (2,724.00) (1,589.00) 1,704.00 224.00 (1,981.00) 466.00 594 89) Fleet Management 90) Fleet Rental 91) City Information Systems 92) CIS - PC Rental 93) Risk Management Overhead 94) Fleet Management 95) Fleet Rental 96) City Information Systems 97) ClS - PC Rental 98) Risk Management Claims 99) Fleet Management 100) Fleet Rental 101) City Information Systems 102) ClS - PC Rental 103) Fleet Management 104) City Information Systems 105) CIS - PC Rental 106) Risk Management Overhead 107) Fleet Management 108) Fleet Rental 109) Fleet Management 110) City Information Systems 111) ClS - PC Rental 112) Risk Management Overhead 113) Fleet Management 114) Fleet Rental 115) CIS - PC Rental 116) Risk Management Overhead 117) Fleet Management 118) Fleet Rental 119) Fleet Management 120) Fleet Rental 121) Risk Management Overhead 122) Fleet Management (001-050-3530-7025) (001-050-3530-7027) (001-050-4130-7005) (001-050-4130-7007) (001-050-4130-7017) (001-050-4130-7025) (001-050-4130-7027) (001-052-1280-7005) (001-052-1280-7007) (001-052-1280-7018) (001-052-1280-7025) (001-052-1280-7027) (001-052-3410-7005) (001-052-3410-7007) (001-052-3410-7025) (001-052-4110-7005) (001-052-4110-7007) (001-052-4110-7017) (001-052-4110-7025) (001-052-4110-7027) (001-052-4140-7025) (001-052-4160-7005) (001-052-4160-7007) (001-052-4160-7017) (001-052-4160-7025) (001-052-4160-7027) (001-052-4210-7007) (001-052-4210-7017) (001-052-4210-7025) (001-052-4210-7027) (001-052-4211-7025) (001-052-4211-7027) (001-052-4220-7017) (001-052-4220-7025) $( 8,637.00) 1,943.00 33,160.00 4,626.00 281.00 453.00) 1,138.00 423.00 900.00 235.00 1,504.00) 957.00 (33,827.00) ( 400.00) 1,195.00 3,225.00 1,983.00 5,189.00) 4,020.00 7,815.00 1,286.00 542.00 2,059.00 157.00 23,492.OO 14,783.00 3,168.00 238.00 53,939.00 40,013.00) 6,684.00) 17,791.00 200.00 1,835.00 595 123) 124) 125) 126) 127) 128) 129) 130) 131) 132) 133) 134) 135) 136) 137) 138) 139) 140) 141) 142) 143) 144) 145) 146) 147) 148) 149) 150) 151) 152) 153) 154) City Information Systems CIS - PC Rental Risk Management Overhead Fleet Management Fleet Rental City Information Systems CIS - PC Rental Fleet Management Fleet Rental City Information Systems CIS - PC Rental Risk Management Overhead Fleet Management Fleet Rental City Information Systems CIS - PC Rental Risk Management Overhead Risk Management Claims Fleet Management Fleet Rental City Information Systems CIS - PC Rental Fleet Management Fleet Rental City Information Systems CIS - PC Rental City Information Systems CIS - PC Rental Risk Management Overhead Fleet Management Fleet Rental CIS - PC Rental (001-052-4310-7005) (001-052 -4310-7007) (001-052-4310-7017) (001-052-4310-7025) (001-052-4310-7027) (001-052-4330-7005) (001-052-4330-7007) (001-052-4330-7025) (001-052-4330-7027) (001-052-4340-7005) (001-052-4340-7007) (001-052-4340-7017) (001-052-4340-7025) (001-052-4340-7027) (001-052-7110-7005) (001-052-7110-7007) (001-052-7110-7017) (001-052-7110-7018) (001-052-7110-7025) (001-052-7110-7027) (001-052-8110-7005) (001-052-8110-7007) (001-052-8110-7025) (001-052-8110-7027) (001-054-1270-7005) (001-054-1270-7007) (001-054-3320-7005) (001-054-3320-7007) (001-054-3320-7017) (001-054-3320-7025) (001-054-3320-7027) (001-054-3330-7007) $ 5,913.00 9,958.00 150.00 185.00) 889.00 450.00 1,593.00 (14,662.00) 2,552.00 ( 957.00) 1,016.00 (5,826.00) (38,120.00) 10,484.00 11,925.00 7,483.O0 120.00 6,010.00 4,962.00 6,423.00 (6,919.00) 1,022.00 (2,922.00) 3,589.00 2,101.00 2,272.00 ( 119.00) 1,901.00 107.00 ( 828.00) 2,862.00 1,998.00 596 155) City Information Systems 156) CIS - PC Rental 157) Fleet Management 158) Fleet Rental 159) City Information Systems 160) CIS - PC Rental 161) Fleet Management 162) Fleet Rental 163) ClS - PC Rental 164) City Information Systems 165) CIS - PC Rental 166) Risk Management Overhead 167) Risk Management Overhead 168) Risk Management Overhead 169) Fleet Management 170) Fleet Rental 171) City Information Systems 172) ClS - PC Rental 173) Risk Management Overhead 174) Fleet Management 175) Fleet Rental 176) City Information Systems 177) CIS - PC Rental 178) City Information Systems 179) CIS - PC Rental 180) Fleet Management 181) Fleet Rental 182) City Information Systems 183) City Information Systems 184) CIS - PC Rental (001-054-3350-7005) (001-054-3350-7007) (001-054-3350-7025) (001-054-3350-7027) (001-054-3360-7005) (001-054-3360-7007) (001-054-3360-7025) (001-054-3360-7027) (001-054-5110-7007) (001-054-5311-7005) (001-054-5311-7007) (001-054-5311-7017) (001-054-5313-7017) (001-054-5314-7017) (001-054-5314-7025) (001-054-5314-7027) (001-054-7310-7005) (001-054-7310-7007) (001-054-7310-7017) (001-054-7310-7025) (001-054-7310-7027) (001-056-1237-7005) (001-056-1237-7007) (001-056-1250-7005) (001-056-1250-7007) (001-056-1250-7025) (001-056-1250-7027) (001-070-2120-7005) (001-076-2130-7005) (001-076-2130-7007) ( 185.00) 1,605.00 2,311.00 831.00 ( 428.00) 2,740.00 (6,269.00) 612.00 2,045.00 (10,994.00) ( 749.00) 124.00 544.00 431.00 3,995.00 2,916.00 (1,037.00) 1,473.00 237.00 (2,651.00) 149.00 (3,971.00) 1,605.00 455.00 742.00 ( 144.00) ( 930.00) 1,017.00 3,175.00 630.00 597 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34319-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDropriations General Fund (1-113) ............................. $175,158,875.00 1) ICMA Match 2) ICMA Match 3) Retiree Medical Insurance 4) ICMA Match 5) ICMA Match 6) ICMA Match 7) Termination Leave Wages 8) ICMA Match (001-001-1110-1116) (001-001-1120-1116) (001-001-1120-1127) (001-002-1211-1116) (001-002-1212-1116) (001-003-1220-1116) (001-003-1220-1150) (001-004-1231-1116) $ 106.00 202.00 477.00 317.00 5O8.OO 248.OO 18,296.00 ( 109.00) 598 9) Termination Leave Wages 10) ICMA Match 11) Retiree Medical Insurance 12) Unemployment Wages 13) Termination Leave Wages 14) Retiree Medical Insurance 15) Unemployment Wages 16) Termination Leave Wages 17) Termination Leave Wages 18) ICMA Match 19) Termination Leave Wages 20) ICMA Match 21) Unemployment Wages 22) VRS Retirement 23) ICMA Match 24) Termination Leave Wages 25) VRS Retirement 26) ICMA Match 27) Retiree Medical Insurance 28) Unemployment Wages 29) Termination Leave Wages (001-004-1231-1150) (001-004-1232-1116) (001-004-1232-1127) (001-004-1232-1145) (001-004-1232-1150) (001-004-9110-1127) (001-004-9110-1145) (001-004-9110-1150) (001-005-1240-1150) (001-020-1234-1116) (001-022-1233-1150) (001-023-1235-1116) (O01 (001 (001 (001 (001 (ool (001 (001 (001 30) ICMA Match (001 31) Termination Leave Wages (001 32) ICMA Match (001 33) ICMA Match (001 34) Retiree Medical Insurance (001 35) Termination Leave Wages (001 36) City Retirement (001 -023-1236-1145) -024-2140-1110) -024-2140-1116) -024-2140-1150) -024-3310-1110) -024-3310-1116) -024-3310-1127) -024-3310-1145) -024-3310-1150) -026-2210-1116) -026-2210-1150) -050-3111-1116) -050-3112-1116) -050-3112-1127) -050-3112-1150) -050-3113-1105) 5,069.00 ( 236.00) 1,749.00 144.00 3,739.00 (213,875.00) (35,000.00) (91,275.00) 5,448.00 473.00 941.00 473.00 2,132.00 3,852.00 981.00 418.00 (34,543.00) 3,823.00 1,749.00 262.00 26,923.00 (307.00) 1,298.00 260.00 697.00 4,452.00 10,105.00 (25,873.00) 599 37) ICMA Match 38) Retiree Medical Insurance 39) Termination Leave Wages 40) ICMA Match 41) Retiree Medical Insurance 42) Termination Leave Wages 43) ICMA Match 44) Retiree Medical Insurance 45) ICMA Match 46) Retiree Medical Insurance 47) Termination Leave Wages 48) Retiree Medical Insurance 49) Termination Leave Wages 50) ICMA Match 51) Retiree Medical Insurance 52) Unemployment Wages 53) Termination Leave Wages 54) ICMA Match 55) Retiree Medical Insurance 56) Termination Leave Wages 57) ICMA Match 58) Termination Leave Wages 59) ICMA Match 60) ICMA Match 61) ICMA Match 62) Retiree Medical Insurance 63) Unemployment Wages (001-050-3113-1116) (001-050-3113-1127) (001-050-3113-1150) (001-050-3114-1116) (001-050-3114-1127) (001-050-3114-1150) (001-050-3115-1116) (001-050-3115-1127) (001-050-3211-1116) (001-050-3211-1127) (001-050-3211-1150) (001-050-3212-1127) (001-050-3212-1150) (001-050-3213-1116) (001-050-3213-1127) (001-050-3213-1145) (001-050-3213-1150) (001-050-3214-1116) (001-050-3214-1127) (001-050-3214-1150) (001-050-3521-1116) (001-050-3530-1150) (001-050-4130-1116) (001-052-3410-1116) (001-052-4110-1116) (001-052-4110-1127) (001-052-4110-1145) 1,696.00 6,042.00 17,004.00 449.00 636.00 10,930.00 236.00 954.00 ( 189.00) 1,908.00 968.00 4,770.00 12,284.00 437.00 20,511.00 4,882.00 119,549.00 319.00 954.00 340.00 792.00 276.00 774.00 236.00 538.00 477.00 3,988.00 600 64) Termination Leave Wages 65) ICMA Match 66) Termination Leave Wages 67) ICMA Match 68) Retiree Medical Insurance 69) Unemployment Wages 70) Termination Leave Wages 71) ICMA Match 72) ICMA Match 73) Termination Leave Wages 74) ICMA Match 75) Termination Leave Wages 76) ICMA Match 77) Retiree Medical Insurance 78) Termination Leave Wages 79) ICMA Match 80) Retiree Medical Insurance 81) Unemployment Wages 82) Termination Leave Wages 83) ICMA Match 84) Unemployment Wages 85) ICMA Match 86) Retiree Medical Insurance 87) Termination Leave Wages 88) ICMA Match 89) ICMA Match 90) ICMA Match 91) Unemployment Wages (001-052-4110-1150) (001-052-4160-1116) (001-052-4160-1150) (001-052-4210-1116) (001-052-4210-1127) (001-052-4210-1145) (001-052-4210-1150) (001-052-4211-1116) (001-052-4220-1116) (001-052 -4220-1150) (001-052-4310-1116) (001-052-4310-1150) (001-052-4330-1116) (001-052-4330-1127) (001-052-4330-1150) (001-052-4340-1116) (001-052-4340-1127) (001-052-4340-1145) (001-052-4340-1150) (001-052-7110-1116) (001-052-7110-1145) (001-o52-811o-1116) (001-052-8110-1127) (001-052-8110-1150) (001-054-3320-1116) (001-054-3330-1116) (001-054-3350-1116) (001-054-3350-1145) 132.00 443.00 5,183.00 2,222.00 3,816.00 175.00 9,914.00 508.00 (1,099.00) 356.00 236.00 4,292.00 325.00 2,385.00 1,651.00 (1,560.00) 1,590.00 13,466.00 9,151.00 319.00 2,209.00 (236.00) 1,908.00 4,888.00 (406.00) 390.00 751.00 126.00 601 92) 93) 94) 95) 96) 97) 98) 99) lOO) lol) lO2) lO3) lO4) lO5) lO6) lO7) lO8) lo9) 110) 111) 112) 113) Termination Leave Wages ICMA Match Termination Leave Wages ICMA Match Retiree Medical Insurance Unemployment Wages Termination Leave Wages ICMA Match ICMA Match Retiree Medical Insurance Termination Leave Wages ICMA Match Termination Leave Wages ICMA Match Termination Leave Wages ICMA Match Termination Leave Wages ICMA Match ICMA Match Termination Leave Wages Unemployment Wages Termination Leave Wages (001-054-3350-1150) (001-054-3360-1116) (001-054-3360-1150) (001-054-5311-1116) (001-054-5311-1127) (001-054-5311-1145) (001-054-5311-1150) (001-054-5312-1116) (001-054-5313-1116) (001-054-5313-1127) (001-054-5313-1150) (001-054-5314-1116) (001-054-5314-1150) (001-054-5316-1116) (001-054-5316-1150) (001-054-5317-1116) (001-054-5317-1150) (001-054-5318-1116) (001-054-7310-1116) (001-054-7310-1150) (001-054-8170-1145) (001-056-1237-1150) 412.00 815.00 1,850.00 284.00 636.00 4,279.00 694.00 260.00 2,635.00 795.00 1,450.00 1,152.00 7,206.00 (260.00) 4,814.00 236.00 438.00 (378.00) (406.00) 3,160.00 354.00 754.00 602 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker ~ David~.Bo~wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34320-060799. AN ORDINANCE accepting the bid of H&S Construction Company, for demolishing and reconstructing certain retaining walls in the Downtown North area of 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 the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H&S Construction Company, in the total amount of $71,040.00 for demolishing and reconstructing certain retaining walls in the Downtown North area of the City, as is more particularly set forth in the City Manager's report dated June 7, 1999, to this Council, such bid being in full compliance with the City's plans and specifications made therefor as modified through negotiations between the City and the bidder in accordance with §23.1-14.C, Code of the City of Roanoke (1979), as amended, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant 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 said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 603 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34321-060799. A RESOLUTION authorizing execution of an Amendment to the Sublease Agreement between the Jefferson Center Foundation and the City providing for one additional term of five years, with an annual cancellation provision, for the rental of office space for the Office of Grants Compliance and Office on Youth. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Acting City Manager or Acting Assistant City Manager is hereby authorized, for and on behalf of the City, to execute an Amendment to the Sublease Agreement between the Jefferson Center Foundation and the City providing for one additional term of five years, with an annual cancellation provision, for the rental of office space for the Office of Grants Compliance and Office on Youth, said Amendment to be upon the terms and conditions as more particularly set out in the Water Resources Committee's report to this Council dated June 7, 1999. 604 Attorney. The amendment shall be in form approved by the Acting City APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34322-060799. AN ORDINANCE authorizing the proper City officials to execute a lease agreement with the Estate of James L. Trinkle, or its successor, for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, in form approved by the City Attorney, a lease agreement with the Estate of James L. Trinkle, or its successor, for 2,525+ square feet of office space on the ground floor of the building located at 120 West Kirk Avenue, for use by the Occupational Health Nurse, for an initial term of twelve months, beginning June 1, 1999, at a rate of $1,200.00 per month, with an option to renew for three additional one-year terms at a rate to be increased each year by $150.00 per month, as more particularly set forth in the report to this Council dated June 7, 1999. Such lease shall be in form approved by the Acting City Attorney and contain such terms and conditions as are approved and required by the Acting City Manager. 605 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 wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34323-060799. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap~ro_oriations General Government $ 22,224,362.00 Employee Parking (1) ........................... 1,200,000.00 Capital Improvement Reserve $ 10,571,145.00 Public Improvement Bonds - Series 1996 (2) ........ 2,282,967.00 1) Appropriated from Bond Funds 2) Employee Parking (008-056-9698-9001) (008-052-9701-9192) $ 210,493.00 (210,493.00) 6O6 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 June, 1999. No. 34324-060799. AN ORDINANCE providing for the acquisition of property located in the 400 block of Luck Avenue, S.W., and identified by Roanoke City Tax Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, authorizing the proper City officials to execute and attest any necessary documents for this acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Employee/Jefferson Center Parking Project, the City wants and needs fee simple title to property located in the 400 block of Luck Avenue, S.W., and identified by Roanoke City Tax Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, as more specifically set forth in the report and attachments thereto to this Council dated June 7, 1999. The proper City officials are authorized to execute and attest the necessary documents, in form approved by the City Attorney, to acquire for the City from the respective owner the fee simple title to the parcel, for a consideration not to exceed $140,000.00. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 607 3. The City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights should it be necessary to do so. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 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 ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34325-060799. AN ORDINANCE to amend and reordain certain sections of the 1999- 2000 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 1999-2000 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 608 A_~_~ropriations Water - Purification Overtime Wages (1) ............................. Purchased Water (2) ............................. $ 1,937,114.00 21,000.00 110,000.00 Revenues Operating $ 8,416,590.00 Bulk Sales (3) .................................. 1,166,340.00 Retained Earnings Retained Earnings (4) ............................ $ 29,999,176.00 1) Overtime Wages 2) Purchased Water 3) Roanoke County 4) Retained Earnings (002-056-2170-1003) (002-056-2170-2055) (002-020-1234-0905) (002-3336) 3,000.00 100,000.00 (408,660.00) (511,660.00) 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 June, 1999. No. 34326-060799. AN ORDINANCE declaring that a water supply emergency exists within the City of Roanoke; approving the Water Conservation Plan dated May 17, 1999; authorizing the City Manager to impose suitable penalties for violations of the Water Conservation Plan; authorizing the City Manager to temporarily employ two water conservation officers and to authorize those officers as well as certain other City 609 employees to patrol and issue citations for violations of the Water Conservation Plan; authorizing the City Manager to take such further action and to provide for such rules and regulations as may be necessary to implement, administer and enforce the Water Conservation Plan; and providing for an emergency. WHEREAS, Council has been advised that the water level at the Carvins Cove Reservoir has dropped below eighteen feet; that a limited supply of water is available; that the level continues to drop due to lack of significant rainfall; that the long range weather forecast predicts hot, dry, and below normal precipitation for the next few months; and that there is a need to control and restrict the use of water until the Carvins Cove Reservoir level is resupplied up to the level of ten feet below the spillway in order to attempt to prevent a. water shortage within the City; and WHEREAS, for the reasons set forth above and for those set forth in the report from the Water Resources Committee to this Council dated June 7, 1999, Council does hereby find that a water supply emergency does exist within the City of Roanoke and that there is a need to control and restrict the use of water during this emergency and that the Water Conservation Plan dated May 17, 1999, should be approved by Council in order to attempt to prevent a water shortage within the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the reasons set forth above and in the above mentioned report, Council does hereby declare that a water supply emergency does exist within the City of Roanoke and that there is a need to control and restrict the use of water during this emergency and that the water supply emergency will be lifted when the Carvins Cove Reservoir reaches ten feet below the spillway or upon further action of Council. 2. Council specifically approves and adopts the Water Conservation Plan dated May 17, 1999, including the surcharges contained therein, a copy of which is attached to the above mentioned report dated June 7, 1999, and directs that the City Manager implement that Water Conservation Plan, all as more fully set forth in the said report to this Council. Council further provides that the conditions, allocations, conservation, restrictions, and penalties provided for in the Plan are progressive and may be applied in a cumulative manner. 3. The City Manager is authorized in accordance with City of Roanoke Charter (1952), §§2(31) and (32), and §15.2-924 of the Code of Virginia (1950), as amended, to impose suitable civil penalties for violations of the Water Conservation Plan or any rules or regulations pursuant to the Plan when condition 3, 4, or 5 is in effect in the amount of $100.00 per day for residential users and $500.00 per day for institutional/commercial/industrial users, with each day of any violation constituting a separate violation. The City Manager is further authorized 610 to implement the provisions of the Plan that will allow for the immediate cuffing off or termination of water service for multiple (more than one) violations of the Water Conservation Plan and/or failure to pay any civil penalty assessed for violation of the Plan or for violation of any rules or regulations pursuant to the Plan and that such service will not be resumed until all bills, penalties, and a $50.00 turn on fee are paid. 4. The City Manager is authorized to temporarily employ two persons to act as water conservation officers and to authorize such officers to patrol and issue citations to water users for violations of the Plan or any rules or regulations adopted pursuant to the Plan or the restrictions provided for therein. The City Manager is further authorized to use the additional City employees referred to in the above mentioned report to supplement such water conservation officers for patrolling and the issuing of citations. 5. The City Manager is authorized to take such further action as may be deemed necessary and to provide for such rules and regulations as may be necessary to implement and/or administer the Water Conservation Plan and to enforce the provisions of that Plan. 6. Should the water level at the Carvins Cove Reservoir rise above the level of ten feet below the spillway the water supply emergency will be deemed to be lifted and the City Manager is authorized to take such actions as may be necessary to terminate the Water Conservation Plan in an orderly manner. 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 upon its passage. APPROVED City Clerk Mayor 611 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34327-060799. A RESOLUTION memorializing the late Walker R. Carter, Jr. WHEREAS, the members of Council have learned with regret of the passing of Walker R. Carter, Jr, on May 17, 1999; WHEREAS, Mr. Carter served with distinction as Clerk of Circuit Court for the City of Roanoke from 1961 to 1979; WHEREAS, Mr. Carter was a charter member and past president of the Roanoke Civitan Club; WHEREAS, Mr. Carter, in 1998, was honored as a Fellow of The Civitan International Research Center for extraordinary contributions in leadership and community service; and WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this resolution as a means of recording its deepest regrets at the passing of Walker R. Carter, Jr., and extends to his family and friends the sympathy of this Council. 2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Carter's widow, Mrs. Natalie DeHart Carter. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 612 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34328-060799. A RESOLUTION memorializing the late Dr. Maynard Herman Law. WHEREAS, the members of Council have learned with sorrow of the passing of Dr. Maynard Herman Law, on May 20, 1999; WHEREAS, Dr. Law, a native of Roanoke and product of the Roanoke City Schools, began the private practice of medicine in 1935; WHEREAS, Dr. Law engaged in private practice for 43 years, during which time he served as chief of Surgery and Chief of Staff at Burrell Memorial Hospital; WHEREAS, Dr. Law served as Commanding Officer of an overseas medical unit, for which assignment he received a bronze star for meritorious service; WHEREAS, Dr. Law rendered 15 years of medical service at the V.A. Medical Center in Salem; WHEREAS, Dr. Law was a leader in the City's civil rights movement, and through the efforts of Dr. Law and others in the movement the peaceful desegregation of many businesses in the Roanoke Valley transpired; WHEREAS, Dr. Law received many honors for his outstanding and dedicated service to the community in medicine and civic leadership; and WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this resolution as a means of expressing its most sincere regrets at the passing of Dr. Maynard Herman Law, and extends to his family and friends the sympathy of this Council. 613 2. The City Clerk is directed to forward an attested copy of this Resolution to Dr. Law's widow, Mrs. Vernice Law. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34329-060799. A RESOLUTION urging the U. S. Congress to support full funding of the Community Development Block Grant (CDBG) Program in 2000, at least at the Fiscal Year 1999 level of $4.750 billion, as an investment in the future of America's communities. WHEREAS, the CDBG Program is celebrating its 25th year, and is the Federal government's most successful domestic program, and its success is principally due to its utility and flexibility; WHEREAS, CDBG Program has previously provided cities and counties with annual predictable levels of funding (with the exception of set-asides) to address their unique Iow and moderate income neighborhood revitalization needs; WHEREAS, CDBG Program has moved people from dependency to self- sufficiency and tax-paying status; WHEREAS, CDBG Program requires and fosters community participation in identifying community needs and targeting resources; WHEREAS, CDBG Program promotes public/private partnerships which leverage substantial private resources in affordable housing, and community and economic development; 614 WHEREAS, CDBG Program fosters intergovermental and multi- jurisdictional cooperation; WHEREAS, based on the United States Department of Housing and Urban Development's most recent report to Congress, between Fiscal Year 1993 and Fiscal Year 1996, an estimated 14 - 17 million households benefitted from the CDBG Program; WHEREAS, during the same period the CDBG Program created 114,799 jobs through the economic development programs it funded; and WHEREAS, in Fiscal Year 1993 CDBG entitlement communities spent their CDBG grants in the following manner: 35.8% for housing rehabilitation, assisting 200,000 households, 22.7% for public works and infrastructure, 14% for monitoring and program administration, 12% for public services, 7.3% for acquisition and clearance of property, 6% to prevent slums and blight and 6% for economic development. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council recognizes that the Federal government will have a budget surplus in 2000, and supports lifting the 1997 budget caps (PL 105-53) as they relate to the CDBG Program when such surplus exists; 2. This Council urges the U. S. Congress to fully fund CDBG programs in the year 2000, at a minimum, at the Fiscal Year 1999 level of $4.750 billion as an investment in the future of America's communities. 3. The City Clerk is directed to transmit this resolution to The Honorable Charles S. Robb, Member, United States Senate, The Honorable John W. Warner, Member, Unites States Senate, The Honorable Robert W. Goodlatte, Member, House of Representatives and The Honorable Frederick C. Boucher, Member, House of Representatives, requesting their support for full funding of the CDBG Program in 2000. ATTEST: APPROVED City Clerk Mayor 615 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34330-060799. A RESOLUTION urging the members of the United States House Commerce Committee and the United States House of Representatives to amend H.R.10 to modernize the Community Reinvestment Act (CRA) passed in 1977, in order for the CRA to continue to be an important economic development tool to increase home ownership and economic development in Iow income urban and rural communities. WHEREAS, since the Community Reinvestment Act (CRA) passed in 1977, it has produced more than $1.4 billion in lending in underserved communities by FDiC-insured banks; - WHEREAS, the City of Roanoke has seen the revitalization of various areas of the City due to CRA lending; WHEREAS, the CRA should continue to be an important economic development tool to increase home ownership and economic development in Iow- income urban and rural communities; WHEREAS, H.R. 10, the Financial Services Modernization Act, should include modernization of the CRA so that it can continue to cover lending and traditional banking services whether performed by a bank or one of the new affiliates of the bank holding companies which will be allowed to form with passage of H.R. 10; WHEREAS, if CRA is not modernized to cover traditional lending and banking services performed in the past only by banks, the new affiliates of bank holding companies will not be covered by the CRA and could fail to provide services to Iow-income communities; WHEREAS, banks that merge with insurance, securities and mortgage banking entities will be permitted to shift their assets to their new affiliates, thus reducing the amount of capital covered by the CRA; WHEREAS, in order to modernize the CRA, H.R. 10 must be amended to require all affiliates of the new bank holding companies that perform lending and banking services to be covered by the CRA; and 616 WHEREAS, in order to increase access to credit for home ownership, automobile ownership, and small business insurance products for underserved people, H.R. 10 should be amended to require the insurance affiliates of the new bank holding companies to collect and maintain data on the characteristics of their customers, including race, income, and the neighborhoods in which they reside, to identify missed market opportunities in Iow-income working class communities. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council urges the members of the House Commerce Committee and the U.S. House of Representatives to amend H.R. 10 in order to modernize and strengthen the CRA as set forth above. 2. The City Clerk is directed to forward attested copies to members of the House Commerce Committee and to The Honorable Robert W. Goodlatte, Member House of Representatives. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1999. No. 34331-060799. AN ORDINANCE affirming the intent of the Council of the City of Roanoke to provide for the acquisition of property rights needed by the City for Railside Linear Park - Phase I; setting a certain 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; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. 617 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; WHEREAS, the Council of the City of Roanoke has been able to reach negotiated agreements with Cynthia Gardner Cassell, Betty M. Branch, Two B Investments, Carl B. and Leola B. Flora, Trustees, and Norfolk Southern; WHEREAS, the City is still negotiating with the remaining property owners as identified in an attachment to the June 7, 1999 report to the Council of the City of Roanoke; WHEREAS, this is an important City project and negotiations with property owners must be finalized in order for this project to proceed; and WHEREAS, the Council of the City of Roanoke wishes to reaffirm the necessity of acquiring the appropriate interests from the remaining property owners by either negotiation or condemnation, if necessary. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. For Railside Linear Park - Phase I, the City wants and needs all property rights necessary for the construction of the project as identified in the report to the Council of the City of Roanoke dated June 7, 1999. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests, for such consideration as the City Manager may deem appropriate, subject to the limitations set forth in Ordinance No. 33148-100796, and subject to applicable statutory guidelines. 2. Should the City be unable to agree with the owner of any real estate in which an interest is required or should any owner be a person under a disability and lacking capacity to convey real estate 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 so that this project may proceed expeditiously. 3. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 618 4. This ordinance is intended to affirm the authority set forth in Ordinance No. 33148-100796, adopted on October 7, 1996, and nothing in this ordinance shall be construed to repeal or negate any authority granted by that ordinance. 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 ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor