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HomeMy WebLinkAbout33457-070797 thru 33889-061598IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33457-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, David W. Jones, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to RM-3, Residential Multifamily, High Density 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 16, 1997, 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. 641 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and designated on Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6410111, be, and is 2 hereby rezoned from RS-3, 'Residential Single Family District, to RM-3, Residential Multifamily, High Density District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on May 22, 1997, and that Sheet No. 641 of the Zone Map be changed in this respect. APPROVED Mary F. Parker City Clerk Mayor David ~[:'Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33458-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 132 and 142, 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 (A) HM, Heavy Manufacturing District, to RS-3, Residential Single- Family District; (B) LM, Light Manufacturing District, to RS-3, Residential Single- Family District; and (C) HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concemed 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 16, 1997, 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 Nos. 132 and 142, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: (A) That certain tract of land, containing one hundred fourteen (114) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west, and designated on Sheet No. 142 of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax Nos. 1420801, 1420802, 1420893, 1420804, 1420805, 1420806, 1420807, 1420808, 1420809, 1420810, 1420811, 1420812, 1420816, 1420817, 1420818, 1420819, 1420820, 1420821, 1420822, 1420823, 1420824, 1420825, 1420826, 1420827, 1420907, 1420908, 1420909, 1420910, 1420911, 1420912, 1420913, 1420914, 1421010, 1421011, 1421012, 1421013, 1421014, 1421015, 1421016, 1421017, 1421018, 1421110, 1421111, 1421112, 1421113, 1421114, 1421115, 1421116, 1421117, 1421118, 1421119, 1421120, 1421121, 1421122, 1420916, 1420917, 1420919, 1420920, 1420921, 1420922, 1420923, 1420924, 1420925, 1421001, 1421002, 1421003, 1421004, 1421005, 1421006, 1421007, 1421008, 1421009, 1421101, 1421102, 1421103, 1421104, 1421105, 1421106, 1421107, 1421108, 1421109, 1420315, 1420316, 1420317, 1420318, 1420319, 1420320, 1420321, 1420322, 1420323, 1420509, 1420510, 1420511, 1420512, 1420513, 1420514, 1420515, 1420516, 1420501, 1420502, 1420503, 1420504, 1420505, 1420506, 1420507, 1420508, 1420402, 1420403, 1420404, 1420405, 1420406, 1420407, 1420408, 1420409, be, and are hereby rezoned from HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the. Office of the City Clerk on May 27, 1997, and that Sheet No. 142 of the Zone Map be changed in this respect. (B) That certain tract of land, containing thirty-one (31) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge Street on the west, and designated on Sheet No. 142 of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301, 1421303, 1421304, 4 1421308, 1322201, be, and ars hersby rszoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 142 of the Zone Map be changed in this respect. (C) That certain tract of land, containing six (6) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, and designated on Sheet No. 132 as Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201, be, and are hereby rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 132 of the Zone Map be changed in this respect. (D) That certain tract of land, containing three (3) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded on the north by Roanoke Avenue and on the west by Rolfe Street (known as Norwich Park and Recreation Center), owned by the City of Roanoke, and designated on Sheet Nos. 132 and 142 as Official Tax Nos. 1322110, 1421402 and 1421405, be, and are hereby rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 132 of the Zone Map be changed in this respect. (E) That certain tract of land, containing three (3) parcels, in the Norwich neighborhood located in the southwest quadrant of the City on the east side of Bridge Street, and designated on Sheet No. 142 as Official Tax Nos. 1420314, 1420901 and 1420926, be, and are hereby rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 142 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 7th day of July, 1997. No. 33459-070797. 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, C&C Development, L.L.C. filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on June 16, 1997, 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 a 12' wide alley as the same is bound on the west by parcels bearing Official Tax Nos. 2120801 through 2120806, inclusive, and on the east by parcels bearing Official Tax Nos. 2120810 through 2120815, inclusive, 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 public utility, 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; the dedication of an area at the terminus of the alley, between 30' x 14' and 30' x 20' in size, to provide for the construction of an adequate public turnaround; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to 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 FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of 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 C&C Development, L.L.C., and the names of any other parties in interest who may so request, as Grantees. ATTEST: Mary F. Parker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33460-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 212, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, C&C Development, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, to C-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 16, 1997, 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. 8 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. 212 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Those certain six tracts of land lying to the south of Orange Avenue (Stats Route 460) on 10th Street, and designated on Sheet No. 212 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, 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 First Amended Petition filed in the Office of the City Clerk on June 3, 1997, and that Sheet No. 212 of the Zone Map be changed in this respect. ATTEST: Mary F. P'~rker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33461-070797. AN ORDINANCE amending and reordaining §36.1-250, S_~ecial exce_~tion uses, of Subdivision A. LM: Liaht Manufacturina District, of Division 4, Industrial Districts, of Article III, IDistrict Re_eulations, of Cl~apter 36.1, Zonin_~, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (8) to provide for automobile paint and body shops as a special exception use. BE IT ORDAINED by the Council of the City of Roanoke that §36.1-250, S_oecial exce_otion uses, of Subdivision A. I,M; Lie_ht Manufacturin_= District, of Division 4, Industrial Districts, of Article III, District Ree_ulations, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE III. DISTRICT REGULATIONS DIVISION 4. INDUSTRIAL DISTRICTS Subdivision A. I,M; Lipht Manufacturin_= District Sec. 36.1-250. Soecial exception uses. The following uses may be permitted in the LM district by special exception granted by the board of zoning appeals subject to the requirements of this section: 8) Automobile painting and body shops provided: (a) the lot area contains a minimum of forty thousand (40,000) square feet; (b) the minimum gross floor area of the building shall not be less than fifteen thousand (15,000) square feet; (c) the outside storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty percent (80%) of the gross floor area of the building; and (d) the outdoor storage area is adequately screened from view from adjacent properties and public streets. ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33462-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicants. WHEREAS, Margaret E. Wiggins, et al, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, and C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the applicants; 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 16, 1997, 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. 211 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land containing approximately two acres, lying along the south side of the 900 block of Moorman Road, N. W., the northwest corner of 10th Street and Moorman Road, N. W., and the southeast corner of Moorman Road and 9th Street, N. W., and designated on Sheet No. 211 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, and C-1, Office 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 March 6, 1997, and that Sheet No. 211 of the Zone Map be changed in this respect. ATTEST: Mary F. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33463-070797. AN ORDINANCE permanently vacating, discontinuing and closing certain undesignated public rights-of-way in the City of Roanoke, Virginia, and rededicafing and establishing new right-of-way boundaries pursuant to §15.1-482(b) of the Code of Virginia (1950), as amended, as are more particularly described hereinafter. WHEREAS, the School Board of the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the undesignated public rights-of-way described hereinafter, and rededicate and establish new right-of-way boundaries pursuant to §15.1-482(b) of the Code of Virginia (1950), as amended; 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 the First Amended Application by the City Council on June 16, 1997, 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 undesignated public rights-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 undesignated public rights-of-way, or from rsdedicating and establishing new right-of-way boundaries pursuant to §15.1-482(b) of the Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an undesignated public right-of-way in Raleigh Court Park; and being more particulaHy shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February tl, 1997, and being an unopened alley, formerly part of the right-of-way of Dudding Street and Carter Road, as shown on a plat for the City of Roanoke recorded in Deed Book 620, page 312, 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 public utility, 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer and Clerk of Circuit Court be, and are, directed to mark "permanently vacated" on said public right-of- way on all maps, plats, plans, and other legal instruments, including Plat Book 1, page 342, Plan Nos. 2081-A, 2081-B, Plan No. 5530, and Deed Book 1386, page 163, on file in their respective office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the following described right-of-way is rededicated and established, pursuant to §15.1-364 of the Code of Virginia (1950), as amended: Beginning at a point on the West side of Dudding Street at the intersection of the proposed new right-of-way of Dudding Street and the existing right-of-way of Dudding Street at its intersection with an old deed line described in Deed Book 620, page 310; thence, S. 27o 58' 07" E. 257.32 feet leaving the existing right-of-way and with the proposed right-of-way of Dudding Street and continuing with the proposed right-of-way the following calls: S. 35o 58'08" E. 55.67 feet, chord bearing and distance along a curve to the left with a radius of 200.00 feet, an angle of 16o 00', and an arc length of 55.85 feet; S. 25o 25'24" E. 127.22 feet, chord bearing and distance along a curve to the right with a radius of 200.00 feet, an angle of 46o 01'51", and an arc length of 129.47' passing the intersection of Sherwood Avenue to a point in the right-of- way of Carter Road; thence, S. 06o 52'40" E. 215.75 feet with the right-of-way of Carter Road to a found 1/2" smooth iron pin and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. 14 BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of 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 School Board of the City of Roanoke, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33464-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 723, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, the City Planning Commission has made application to the Council of the Roanoke to have the hereinafter described property rezoned from RA, Residential Agriculture 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 June 16, 1997, 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. ]5 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. 723 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 1.527-acre parcel of land lying in the northeast quadrant of the City, and designated on Sheet No. 723 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7230302, be, and is hereby rezoned from RA, Residential Agriculture District, to LM, Light Manufacturing District, pursuant to the Petition filed in the Office of the City Clerk on May 8, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 723 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 July, 1997. No. 33465-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund ADDroDriations Education Title I Winter 97-98 (1-32) ......................... Title IV 97-98 (33-43) ............................ Governor's School 97-98 (44-87) .................. Flow Through 97-98 (88-103) ..................... Child Development Clinic 97-98 (104-112) ........... Child Specialty Services 97-98 (113-121 ) ............ Juvenile Detention Home 97-98 (122-130) ........... Preschool Incentive 97-98 (131-142) ................ Special Education Interpreter Training 97-98 (143-146). Adult Basic Education 97-98 (147-161) .............. Apprenticeship 97-98 (162-168) .................... Perkins Act Fund 97-98 (169-175) .................. Regional Adult Education Specialist 97-98 (t76-184).. Adult Education in the Jails 97-98 (185-188) .......... Regional Adult Literacy (TAP) 97-98 (189) ............ GED Testing 97-98 (190-191) ....................... Opportunity Knocks (GED) 97-98 (192-193) ........... Drug Free Schools 97-98 (194-204) .................. Governor's School Instructional Technology Funds 97-98 (205) .............................. Project YES 97-98 (206-212) ....................... Grants Management 97-98 (213-217) ................. Alternative Education Program 97-98 (218-235) ........ Other Uses of Funds (238-237) ..................... $116,495,995.00 2,765,869.00 149,259.00 960,111.00 978,000.00 63,929.00 60,427.00 112,285.00 116,946.00 20,724.00 139,256.00 112,888.00 313,754.00 35,000.00 36,643.00 116,874.00 7,772.00 2,745.00 59,233.00 5,000.00 256,296.00 67,247.00 1,253,393.00 2,105,604.00 Instruction (238-241) .............................. 63,866,404.00 Revenue Education Title I Winter 97-98 (242) .......................... Title IV 97-98 (243-244) ............................ Governor's School 97-98 (245-247) .................. Flow Through 97-98 (248-249) ...................... Child Development Clinic 97-98 (250) ................ Child Specialty Services 97-98 (251) ................. Juvenile Detention Home 97-98 (252) ................ Preschool Incentive 97-98 (253) ..................... Special Education Interpreter Training 97-98 (254) ..... Adult Basic Education 97-98 (255-256) ............... Apprenticeship 97-98 (257-258) ..................... Perkins Act Fund 97-98 (259) ....................... Regional Adult Education Specialist 97-98 (260) ....... Adult Education in the Jails 97-98 (261-262) ........... $116,495,995.00 2,765,869.00 149,259.00 960,111.00 978,0OO.OO 63,929.00 60,427.00 112,285.00 116,946.00 20,724.00 139,256.00 112,888.00 313,754.00 35,000.00 36,643.00 Regional Adult Literacy (TAP) 97-98 (263) ............ $ GED Testing 97-98 (264) ........................... Opportunity Knocks (GED) 97-98 (265) ............... Drug Free Schools 97-98 (266) ...................... Governor's School Instructional Technology Funds 97-98 (267) ................................ Project YES 97-98 (268) ............................ Grants Management 97-98 (269) ..................... 116,874.00 7,772.00 2,745.0O 59,233.00 25,000.00 256,296.00 67,247.00 Alternative Education Program 97-98 (270-272) ......... 1,253,393.00 1) Elementary Teachers 2) Coordinators 3) Teacher Aides 4) Extended DaylIEP Supplements 5) Social Security 6) Retirement 7) Health Insurance 8) Group Life Insurance 9) Instructional Supplies 10) Other Supplies 11) Administrator 12) Parent Involvement Coordinator 13) Evaluation Specialist 14) Parent Involvement Aides 15) Clerical 16) Social Security 17) Retirement 18) Health Insurance 19) Group Life Insurance 20) Indirect Costs 21) Maintenance and Repair 22) Travel 23) Transportation Services 24) Evaluation 25) Parent Involvement 26) Homeless/Neglected Materials 27) Dissemination (030-060-6158-6000-0121) (030-060-6158-6000-0124) (030-060-6158-6000-0141 ) (030-060-6158-6000-0129) (030-060-6158-6000-0201) (030-060-6158-6000-0202) (030-060-6158-6000-0204) (030-060-6158-6000-0205) (030-060-6158-6000-0614) (030-060-6158-6000-0615) (030-060-6158-6200-0114) (030-060-6158-6200-0124) (030-060-6158-6200-0138) (030-060-6158-6200-0141) (030-060-6158-6200-0151) (030-060-6158-6200-0201 ) (030-060-6158-6200-0202) (030-060-6158-6200-0204) (030-060-6158-6200-0205) (030-060-6158-6200-0212) (030-060-6158-6200-0332) (030-060-6158-6200-0551) (030-060-6158-6200-0583) (030-060-6158-6200-0584) (030-060-6158-6200-0585) (030-060-6158-6200-0586) (030-060-6158-6200-0587) $1,077,694.00 127,310.00 258,457.00 131,926.00 122,047.00 179,860.00 124,119.00 1,756.00 38,520.00 62,586.00 62,143.00 43,500.00 28,388.00 9,116.00 19,397.00 12,435.00 19,977.00 11,708.00 195.00 39,024.00 25,600.00 2,750.00 159,127.00 27,148.00 17,025.00 38,050.00 12,500.00 ]7 18 28) Administrative Supplies 29) Food 30) Miscellaneous Supplies 31) Inservice Supplies 32) Equipment 33) Visiting Teachers 34) Social Security 35) Retirement 36) Health Insurance 37) Group Life Insurance 38) Instructional Materials 39) Director, Research/ Testing/Evaluation 40) Social Security 41) Retirement 42) Health Insurance 43) Group Life Insurance 44) Teachers 45) Substitute Teachers 46) Outreach/intercession/ Mentorship 47) Social Security 48) State Retirement 49) Health Insurance 50) Group Life Insurance 5t) Local Travel 52) Conference Travel 53) Field Trips 54) Textbooks 55) Software 56) Other Materials 57) Director 58) Clerical 59) Social Security 60) Retirement 61) Health insurance 62) Group Life Insurance 63) Local Travel 64) Conference Travel 65) Administrative Supplies 66) Other Materials (030-060-6158-6200-0601 ) (030-060-6158-6200-0602) (030-060-6158-6200-0615) (030-060-6158-6200-0617) (030-060-6158-6200-0821 ) (030-060-6244-6231-0123) (030-060-6244-6231-0201) (030-060-6244-6231-0202) (030-060-6244-6231-0204) (030-060-6244-6231-0205) (030-060-6244-6318-0613) (030-060-6244-6665-0114) (030-060-6244-6665-0201) (030-060-6244-6665-0202) (030-060-6244-6665-0204) (030-060-6244-6665-0205) (030-060-6313-6146-0121 ) (030-060-6313-6146-0021 ) (030-060-6313-6146-0129) (030-060-6313-6146-0201 ) (030-060-6313-6146-0202) (030-060-6313-6146-0204) (030-060-6313-6146-0205) (030-060-6313-6146-0551 ) (030-060-6313-6146-0554) (030-060-6313-6t 46-0583) (030-060-6313-6t 46-0613) (030-060-6313-6146-0614) (030-060-6313-6146-0615) (030-060-6313-6319-0126) (030-060-6313-6319-0151 ) (030-060-6313-6319-0201 ) (030-060-63t 3-6319-0202) (030-060-6313-6319-0204) (030-060-6313-6319-0205) (030-060-6313-6319-0551 ) (030-060-6313-6319-0554) (030-060-6313-6319-0601 ) (030-060-6313-6319-0615) 2,725.00 12,360.00 590.00 54,260.00 43,576.00 86,000.00 6,646.00 10,569.00 4,683.00 103.00 3,218.00 30,709.00 2,349.00 3,774.00 1,171.00 37.00 491,917.00 2,225.00 4,000.00 38,108.00 60,457.00 23,336.00 590.00 390.00 1,401.00 1,173.00 6,150.00 2,150.00 6,000.00 70,252.00 25,425.00 7,319.00 11,759.00 4,683.00 115.00 535.00 870.00 6,570.00 6,820.00 67) Inservice 68) Temporary Clerical Support 69) Social Security 70) Service Contracts 71) Instructional Technology 72) Purchased Services 73) Library Materials 74) Instructional Supplies 75) Equipment 76) Custodian 77) Social Security 78) City Retirement 79) Health Insurance 80) Group Life Insurance 81) Electrical Service 82) Natural Gas Service 83) Telecommunications 84) Maintenance Supplies 85) Furniture Replacement 86) Principal Repayment 87) Interest on Debt 88) Teachers 89) Coordinators 90) Psychologist 91) Classroom Aides 92) Social Security 93) State Retirement 94) Health Insurance 95) Group Life Insurance 96) Bus Aides 97) Social Security 98) Health Insurance 99) Contracted Health Services 100) Travel 101) Inservice 102) Supplies 103) Equipment 104) Educational Coordinator 105) Social Security (030-060-6313-6346-0129) $ (030-060-6313-6346-0151 ) (030-060-6313-6346-0201) (030-060-6313-6346-0332) (030-060-6313-6346-0351) (030-060-6313-6346-0381) (030-060-6313-6346-0613) (030-060-6313-6346-0614) (030-060-6313-6346-0821 ) (030-060-6313-6681-0192) (030-060-6313-6681-0201 ) (030-060-6313-6681-0203) (030-060-6313-6681-0204) (030-060-6313-6681-0205) (030-060-6313-6681-0511 ) (030-060-6313-6681-0512) (030-060-6313-6681-0523) (030-060-6313-6681-0608) (030-060-6313-6681-0802) (030-060-6313-6998-0901) (030-060-6313-6998-0902) (030-060-6538-6453-0121 ) (030-060-6538-6453-0124) (030-060-6538-6453-0132) (030-060-6538-6453-0141 ) (030-060-6538-6453-0201) (030-060-6538-6453-0202) (030-060-6538-6453-0204) (030-060-6538-6453-0205) (030-060-6538-6553-0142) (030-060-6538-6553-0201) (030-060-6538-6553-0204) (030-060-6538-6553-0311 ) (030-060-6538-6553-0554) (030-060-6538-6553-0587) (030-060-6538-6553-0614) (030-060-6538-6553-0821) (030-060-6539-6554-0138) (030-060-6539-6554-0201) 2,936.00 5,000.00 383.00 7,008.00 15,200.00 9,175.00 225.00 27,021.00 12,000.00 17,149.00 1,312.00 2,144.00 2,342.00 21.00 15,000.00 500.00 6,760.00 6,350.00 1,900.00 38,500.00 16,940.00 378,780.00 108,319.00 19,123.00 92,177.00 45,778.00 73,543.00 38,780.00 718.00 42,554.00 3,255.00 12,927.00 127,046.00 5,000.00 2,000.00 22,000.00 6,000.00 46,568.00 3,562.00 106) State Retirement 107) Health Insurance 108) Group Life Insurance 109) Indirect Costs 110) Travel 111) Supplies 112) Equipment 113) Educational Coordinator 114) Social Security 115) State Retirement 116) Health Insurance 117) Group Life Insurance 118) Indirect Costs 119) Travel 120) Supplies 121) Equipment 122) Educational Coordinator 123) Social Security 124) State Retirement 125) Health Insurance 126) Group Life Insurance 127) Indirect Costs 128) Travel 129) Supplies 130) Equipment 131) Diagnostic Services 132) Teacher Aides 133) Social Security 134) State Retirement 135) Health Insurance 136) Group Life Insurance 137) Purchased Services 138) Tuition 139) Field Trips 140) Other Costs 141) Supplies 142) Equipment 143) Staff Development 144) FICA 145) Travel t46) Supplies 147) Teachers (030-060-6539-6554-0202) (030-060-6539-6554-0204) (030-060-6539-6554-0205) (030-060-6539-6554-0212) (030-060-6539-6554-0551) (030-060-6539-6554-0614) (030-060-6539-6554-0821) (030-060-6540-6554-0t 38) (030-060-6540-6554-020t) (030-060-6540-6554-0202) (030-060-6540-6554-0204) (030-060-6540-6554-0205) (030-060-6540-6554-0212) (030-060-6540-6554-0551) (030-060-6540-6554-0614) (030-060-6540-6554-0821) (030-060-6541-6554-0138) (030-060-6541-6554-0201 ) (030-060-6541-6554-0202) (030-060-6541-6554-0204) (030-060-6541-6554-0205) (030-060-6541-6554-0212) (030-060-6541-6554-0551 ) (030-060-6541-6554-0614) (030-060-6541-6554-0821 ) (030-060-6542-6553-0129) (030-060-6542-6553-0141) (030-060 -6542-6553-0201 ) (030-060-6542-6553-0202) (030-060-6542-6553-0204) (030-060-6542-6553-0205) (030-060-6542-6553-0311) (030-060-6542-6553-0382) (030-060-6542-6553-0583) (030-060-6542-6553-0586) (030-060-6542-6553-0614) (030-060-6542-6553-0821) (030-060-6544-6174-0129) (030-060-6544-6174-0201 ) (030-060-6544-6174-0551) (030-060-6544-6174-0614) (030-060-6794-6450-0121 ) 5,723.00 2,342.00 56.00 2,328.00 1,425.00 1,200.00 725.00 43,767.00 3,348.00 5,379.00 2,342.00 53.00 2,188.00 1,425.00 1,200.00 725.00 82,921.00 6,344.00 10,19t.00 4,683.00 100.00 4,146.00 600.00 2,8O0.OO 500.00 22,433.0O 24,762.00 3,610.00 3,043.00 7,025.00 30.00 7,500.00 33,757.00 1,4OO.O0 4,250.O0 5,496.OO 3,640.00 16,240.00 1,241.00 2,993.00 250.00 86,770.00 148) Counselor 149) Inservice 150) Aides 151) Social Security 152) State Retirement 153) Health Insurance 154) Group Life Insurance 155) Instructional Travel 156) Instructional Supplies 157) Clerical 158) Social Security 159) State Retirement 160) Health Insurance 161) Group Life Insurance 162) Coordinator 163) Social Security 164) State Retirement 165) Health Insurance 166) Group Life Insurance 167) Part Time Instructors 168) Travel 169) Teachers 170) Social Security 171) State Retirement 172) Health Insurance 173) Group Life Insurance 174) Technical Education Equipment 175) Trades Equipment 176) Specialist 177) Clerical 178) Social Security 179) Retirement 180) Health Insurance 181) Group Life Insurance 182) Communications 183) Travel 184) Supplies 185) City Jail - Teachers 186) City Jail - Social Security 187) Contracted Services - County Jail (030-060-6794-6450-0123) (030-060-6794-6450-0129) (030-060-6794-6450-0141) (030-060-6794-6450-0201) (030-060-6794-6450-0202) (030-060-6794-6450-0204) (030-060-6794-6450-0205) (030-060-6794-6450-0551) (030-060-6794-6450-0614) (030-060-6794-6550-0151) (030-060-6794-6550-0201) (030-060-6794-6550-0202) (030-060-6794-6550-0204) (030-060-6794-6550-0205) (030-060-6795-6138-0121 ) (030-060-6795-6138-0201) (030-060-6795-6138-0202) (030-060-6795-6138-0204) (030-060-6795-6138-0205) (030-060-6795-6138-0313) (030-060-6795-6138-0551 ) (030-060-6796-6138-0121 ) (030-060-6796-6138-0201) (030-060-6796-6138-0202) (030-060-6796-6138-0204) (030-060-6796-6138-0205) (030-060-6796-6138-0821) (030-060-6796-6138-0821) (030-060-6797-6351-0124) (030-060-6797-6351-0151) (030-060-6797-6351-0201 ) (030-060-6797-6351-0202) (030-060-6797-6351-0204) (030-060-6797-6351-0205) (030-060-6797-6351-0523) (030-060-6797-6351-0551 ) (030-060-6797-6351-0614) (030-060-6798-6550-0121 ) (030-060-6798-6550-0201) (030-060-6798-6550-0313) 1,662.00 2,890.00 6,920.00 7,294.00 6,147.00 2,342.00 60.00 2,620.00 4,610.00 13,578.00 1,039.00 1,669.00 1,639.00 16.00 51,754.00 11,846.00 5,905.00 2,350.00 33.00 40,000.00 1,000.00 92,765.00 7,147.00 11,401.00 7,025.00 111.00 108,000.00 87,305.00 18,050.00 5,819.00 1,826.00 715.00 703.00 7.00 2,130.00 3,400.00 2,350.00 19,152.00 1,465.00 13,741.00 188) City Jail - Instructional Materials 189) Contracted Services 190) GED Examiners 19t) Social Security 192) Instructors 193) FICA 194) Counselor 195) Inservice 196) Social Security 197) Retirement t98) Health Insurance 199) Group Life Insurance 200) Purchases Services 201) Travel 202) Field Trips 203) Other Charges 204) Supplies 205) School Instructional Technology 206) Guidance Counselors 207) Social Security 208) Retirement 209) Health Insurance 210) Group Life Insurance 211) Travel 212) Supplies 213) Director of Grants 2t4) Social Security 215) Retirement 216) Health Insurance 217) Group Life Insurance 218) Secondary Teachers 219) Administrator 220) Teacher Aide 221) Clerical 222) Social Security 223) Retirement 224) Health Insurance 225) Group Life Insurance 226) Contracted Services - Salem City 227) Purchased Services (030-060-6798-6550-0614) (030-060-6799-6550-0313) (030-060-6700-6550-0121) (030-060-6700-6550-0201) (030-060-6701-6334-0129) (030-060-6701-6334-0201 ) (030-060-6960-6306-0123) (030-060-6960-6306-0129) (030-060-6960-6306-0201) (030-060-6960-6306-0202) (030-060-6960-6306-0204) (030-060-6960-6306-0205) (030-060-6960-6306-0313) (030-060-6960-6306-0551) (030-060-6960-6306-0583) (030-060-6960-6306-0587) (030-060-6960-6306-0614) (030-060-6961-6146-0826) (030-060-6962-6315-0123) (030-060-6962-6315-0201) (030-060-6962-6315-0202) (030-060-6962-6315-0204) (030-060-6962-6315-0205) (030-060-6962-6315-0551 ) (030-060-6962-6315-0614) (030-060-6963-6307-0114) (030-060-6963-6307-0201) (030-060-6963-6307-0202) (030-060-6963-6307-0204) (030-060-6963-6307-0205) (030-060-6964-6100-0121 ) (030-060-6964-6100-0124) (030-060-6964-6100-0141 ) (030-060-6964-6100-0151 ) (030-060-6964-6100-0201 ) (030-060-6964-6100-0202) (030-060-6964-6100-0204) (030-060-6964-6100-0205) (030-060-6964-6100-0311 ) (030-060-6964-6t 00-0381 ) 2,285.00 116,874.00 7,220.00 552.00 2,550.00 195.00 29,875.00 2,000.00 2,302.00 3,672.0O 2,341.00 36.00 5,335.00 1,000.00 7,000.00 2,000.00 3,672.00 25,000.00 194,200.00 14,857.00 23,867.00 14,049.00 233.00 5,000.00 4,090.00 54,060.00 4,136.00 6,644.00 2,342.00 65.00 632,279.00 55,412.00 86,109.00 36,496.00 66,300.00 106,512.00 64,870.00 1,040.00 33,200.00 5,000.00 228) Lease of Facility 229) Staff Travel 230) Transportation Services 231) Attendance and Health Services 232) Staff Development 233) Instructional Materials 234) Electrical Services 235) Telephone Services 236) Matching Funds 237) Transfer to MY Fund 238) Matching Funds 239) Retirement - VSRS 240) Matching Funds 241) Matching Funds 242) Federal Grant Receipts 243) Local Match 244) Federal Grant Receipts 245) State Grant Receipts 246) Local Match 247) Fees 248) State Grant Receipts 249) Federal Grant Receipts 250) State Grant Receipts 251) State Grant Receipts 252) State Grant Receipts 253) Federal Grant Receipts 254) Federal Grant Receipts 255) Local Match 256) Federal Grant Receipts 257) State Grant Receipts 258) Fees 259) Federal Grant Receipts 260) State Grant Receipts (030-060-6964-6100-0542) $ 123,375.00 (030-060-6964-6100-0551) 500.00 (030-060-6964-6100-0583) 7,800.00 (030-060.6964-6100-0585) (030-060-6964-6100-0687) 5,000.00 5,000.00 (030-060-6964-6100-0614) 5,000.00 (030-060-6964-6681-0511) 18,000.00 (030-060-6964-6681-0523) 1,500.00 (030-060-6007-6998-0588) (1 55,440.00) (030-060-6007-6999-0911) ,556,573.00 (030-060-6001-6346-0588) 277,262.00) (030-060-6001-6000-0202) I 38,042.00) (030-060-6001-6450-0588) ( 22,700.00) (030-060-6001-6300-0588) (1,163,129.00) (030-060-6158-1102) (030-060-6244-1101) 2,765,869.00 38,042.00 (030-060-6244-1102) (030-060-6313-1100) (030-060-6313-1101) (030-060-6313-1103) (030-060-6538-1100) 111,217.00 343,197.00 332,702.00 284,212.00 100,000.00 (030-060-6538-1102) (030-060-6539-1100) (030-060-6540-1100) (030-060-6541-1100) 878,000.00 63,929.00 6O,427.0O 112,285.00 (030-060-6542-1102) 116,946.00 (030-060-6544-1102) (030-060-6794-1101) 20,724.00 22,700.00 (030-060-6794-1102) (030-060-6795-1100) (030-060-6795-1103) 116,556.00 46,296.00 66,592.00 (030-060-6796-1102) (030-060-6797-1100) 313,754.00 35,000.00 24 261) Federal Grant Receipts 262) Fees - Jail 263) Federal Grant Receipts 264) Fees 265) Fees 266) Federal Grant Receipts 267) State Funds 268) State Grant Receipts 269) Federal Grant Receipts 270) Local Match 271) State Grant Receipts 272) Federal Grant Receipts (030-060-6798-tt02) (030-060-6798-1103) (030-060-6799-1102) (030-060-6700-1103) (030-060-6701-1t03) (030-060-6960-1102) (030-060-6961-1100) (030-060-6962-1100) (030-060-6963-1102) (030-060-6964-t 101) (030-060-6964-1100) (030-060-6964-1102) $ 34,363.00 2,290.00 116,874.00 7,772.00 2,746.00 59,233.00 25,000.00 256,296.00 67,247.00 1,163,129.00 63,653.00 36,611.00 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 July, 1997. No. 33466-070797. A RESOLUTION authorizing the appropriate City officials to enter into subrecipient agreements, and any necessary amendments thereto, with the Fifth District Employment & Training Consortium, and the Roanoke City Boxing Association, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 25 1. The City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Fifth District Employment & Training Consortium, 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 more particularly set forth in the City Manager's report dated July 7, 1997. 2. The City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Roanoke City Boxing Association, Inc., 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 more particularly set forth in the City Manager's report dated July 7, 1997. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33467-070797. A RESOLUTION authorizing the execution of Amendment No. 1 to the City's agreement with Hayes, Seay, Mattern & Mattern, Inc.; and authorizing the execution of Amendment No. 1 to the City's agreement with Mattern & Craig, Inc., for additional engineering services to be performed in connection with the Bridge Inspection Program. 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. I 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. 26 2. Such agreement shall provide for the services set forth in the City Manager's report to Council dated July 7, 1997, and the cost of those additional services shall be in the amount of $57,999.00. 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. 1 to the City's Agreement with Mattern & Craig, Inc., dated July 15, 1997, in order to provide additional engineering services in connection with the Bridge Inspection Program. 4. Such agreement shall provide for the services set forth in the City Manager's report to Council dated July 7, 1997, and the cost of those additional services shall be in the amount of $52,400.00 ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, t997. No. 33468-070797. A RESOLUTION accepting the bid of Griffin Pipe Products Co., 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 Griffin Pipe Products Co., made to the City, offering to supply ductile iron water pipe, for the period of July 1, 1997 to June 30, t998, meeting all of the City's specifications and requirements therefor, for the total bid price of $273,225.00, 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. 27 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: ~A 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 7th day of July, 1997. No. 33469-070797. A RESOLUTION authorizing the execution of an agreement with Lewis- Gale Clinic, Inc., to provide part-time physician services for the City's Occupational Health Clinic. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager of 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, commencing July 1, 1997, with Lewis-Gale Clinic, Inc., for the provision by such organization of part-time physician services for the City's Occupational Health Clinic, as more particularly set forth in the July 7, 1997, report of the City Manager to this Council. 2. The agreement with such organization shall authorize payment in the amount of $117.50 per hour for physician services, and the form of the agreement with such organization shall be approved by the City Attorney. Such agreement shall provide for the City's option to renew for four additional one-year periods. ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33470-070797. AN ORDINANCE amending and reordaining §12-1, Continuation. comDosifion and control of fire de_oartment, §12-2, Qualifications of members of fire de_oartment, §12-3, Technical services division _=enerally, of Article I. In General, §12- 16, Ado=ted, §12-17, Definitions, §12-18, Amendments, §12-19, Enforcement, §12-20, Recommendations as to amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire prevention and Protection; and §20-74, Parking_. sto_~_r)in_= or standin_~ in a fire lane, of Chapter 20, Motor Vehicles, of the Code of the City of Roanoke (1979), as amended, to update and clarify Chapter 12, Firs Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections §12-1, Continuation. comr~osition and control of fire de_oartment, §12-2, Qualifications of members of fire de=artment,§12-3, Technical services division penerally, of Article I. In General, §t2-16. Ado_oted, §12-17, Definitions, §12-18, Amendments, §12-19, Enforcement, and §20-74, Parkin_=. eto_r)~in=_ or stsndin_= in a firs lane, of Chapter 20, Motor Vehicles, of the Code of the City of Roanoke (1979), as amended, to update and clarify Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ARTICLE I. IN GENERAL Sec. 12-1. Continuation, composition and control of fire/EMS de_oartment. The fire/EMS department of the city as heretofore constituted shall continue and shall be composed of a chief and such other officers, firefighters and employees as the council may determine, and shall be controlled by the city manager pursuant to provisions of the Charter. Sec. 12-2. Qualifications of members of fire/EMS de_~artment. No person shall be appointed to a position in the fire/EMS department or continue to hold membership therein who is not a citizen of the city or who does not reside within a radius of fifteen (15) miles from the municipal building in the city, or who is determined to be a person not of good character; nor shall any person be appointed to a position in the fire department who is not at least twenty-one (21) years of age. Sec. 12-3. Fire prevention division _qenerally. The fire prevention division of the fire/EMS department, which has heretofore been established, shall continue to be operated under the supervision of the chief of the fire/EMS department. It shall be empowered to enforce all ordinances of the city dealing with the protection of life and property from fire and explosion and the safe escape therefrom, and the handling, storage and use of all dangerous or combustible materials. As provided in Section 27-97 of the Code of Virginia, the minimum standards established shall be not less than and shall include, but shall not be limited to, regulations as prescribed by the 1996 Virginia Statewide Fire Prevention Code Act adopted by the City. Such division shall have such other powers and duties as may be conferred or imposed from time to time by ordinance or by the fire chief or city manager. Article II. FIRE PREVENTION CODE Sec. 12-5. Adoption of Virginia Statewide Fire Prevention Code. Pursuant to the provisions of Section 27-97, of the Code of Virginia (1950), as amended, the city hereby adopts and shall enforce the 1996 Virginia Statewide Fire Prevention Code, as amended. The 1996 Virginia Statewide Fire Prevention Code has been promulgated by the State Board of Housing and Community Development, and includes certain regulations and procedures to accomplish the adoption and enforcement of it. The 1996 Virginia Statewide Fire Prevention Code, as amended, is incorporated herein by reference as if fully set forth herein. The 1996 Virginia Stetewide Fire Prevention Code, as adopted by the City, and regulations promulgated in connection therewith, shall be known as the City Fire Prevention Code. Sec. 12-6. Definitions. Wherever the word "jurisdiction" is used in the 1996 Virginia Statewide Fire Prevention Code adopted by the City, it shall be held to mean the City. Wherever the term "legal representative" is used in such code, it shall mean the city attorney for the City. Sec. 12-7. Amendments. The 1996 Virginia Stetewide Fire Prevention Code adopted by the City is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section or article numbers appearing in this section refer to such numbers as they appear in the 1996 Virginia Statewide Fire Prevention Code adopted by the City. Section F-105.1.1 is added to read as follows: The code official shall be the fire marshal of the fire prevention division, or his assistants. Section F-105.10 is added to read as follows: F-105.10 Investigation of fires: The code official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such occurrence is of a suspicious nature, the code official shall immediately take charge of the physical evidence; and, in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, the code official shall take means to prevent access by any person to the structure or premises until such evidence has been properly processed. The code official shall notify those persons designated by law to pursue investigations into such matters and shall further cooperate with the authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion. Section F-105.11 is added to read as follows: F-105.11 Fire records: The code official shall keep a record of all fires and facts concerning the same, including investigation findings, statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby. Section F-311.4 is added to read as follows: F-311.4 Presumption in prosecution: In any prosecution under this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this section, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. Section F-311.5 is added to read as follows: F-311.5 Impoundment of vehicle: Any vehicle parked in violation of this section may be impounded by the police or fire department and held until the penalty provided and the towing and storage charges incurred are paid. Section F-311.6 is added to read as follows: F-311.6 Enforcement: This section shall be enforced by the code official and the Roanoke City Police Department. Section F-311.7 is added to read as follows: F-311.7 Penalty for violation of section F-311.2: Any person or firm in violation of the provisions of section F-311.2 of the 1996 Virginia Statewide Fire Prevention Code adopted by the City shall be guilty of a traffic infraction, as provided in section 20-74 of this code, and shall be subject to the penalties set out in section 20-89 of this code. Section 402.4 is added to read as follows: F-402.4 Cooking devices: No charcoal cooker, brazier, hibachi or grill or any gasoline or other flammable liquefied petroleum gas fired stove or similar device shall be ignited or used on or under the balconies of any apartment building or similar occupancy which are constructed of combustible materials. The management of such occupancies shall notify its tenants in writing of this code requirement at the time the tenant initially occupies the apartment and from time to time as necessary to ensure compliance. Sec. 12-8. Enforcement. The 1996 Virginia Statewide Fire Prevention Code adopted by this article shall be enforced by the fire prevention division of the fire/EMS department. The chief of the fire department shall assign or detail such members of the fire/EMS department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of such code. Sec. 12-9. Recommendations as to amendments. The chief of the fire department shall recommend to the city manager any amendments to the code adopted by this article which, in his judgment, shall be desirable. Sec. 20-74. Parkinq. stoDDing or standing in a fire lane. No person shall park, stop or stand a vehicle in or otherwise obstruct a fire lane designated and marked by the fire marshal in accordance with section 311.0, et seq., of the fire prevention code of the City of Roanoke. 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 7th day of July, 1997. No. 33471-070797. A RESOLUTION authorizing the use of competitive negotiation with a sole source provider for the procurement of a Regional 800 MHz Trunked Radio System. WHEREAS, the City Council has determined that the health, safety, and welfare of the citizens of this City will be enhanced by the creation of a Regional 800 MHz Trunked Radio System with the County of Roanoke (County); WHEREAS, in order for the system to function in an integrated manner, to maximize the number of channels available to users of the system, and to provide for full compatibility with the County's system, the system to be procured by the City must by manufactured by the same source as the County's system; WHEREAS, the sole source practicably available for furnishing such system is Motorola, Inc.; and 34 WHEREAS, the use of competitive sealed bidding with the sole source provider would not permit the City to obtain the most favorable prices for such equipment as the City would not be able to take advantage of prices obtained through competitive procurements undertaken by other public bodies. 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 to the public for the procurement of the Regional 800 MHz Trunked Radio System. 2. City Council directs that the procurement method known as competitive negotiation for other than professional services shall be used for the procurement of such system from Motorola, Inc., the sole source practicably available for such system. determination. This Resolution shall document the basis for City Council's APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33472-070797. AN ORDINANCE authorizing the City Manager to enter into an agreement with the County of Roanoke for creation of a Regional 800 MHz Trunked Radio System. BE IT ORDAINED by the Council of the City of Roanoke as follows: 35 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement between the City and the County of Roanoke (County) to provide for the creation of a Regional 800 MHz Trunked Radio System. 2. Such agreement shall authorize each party to locate equipment at sites owned or controlled by the other party. 3. Such agreement which shall be approved as to form by the City Attorney shall contain such terms and conditions deemed reasonable and appropriate by the City Manager. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33473-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riation Health and Welfare $ 3,093,854.00 Reaching Out Program 1997-98 (1-3) ................. 9,000.00 Revenue Health and Welfare $ 3,093,854.00 Reaching Out Program 1997-98 (4) .................. 9,000.00 1) Fees for Professional Services 2) Training and Development 3) Administrative Supplies 4) State Grant Receipts (035-054-8841-2010) (035-054-8841-2044) (035-054-8841-2030) (035-035-1234-7252) $ 4,000.00 2,880.00 2,120.00 9,000.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33474-070797. A RESOLUTION accepting a certain grant to implement a program entitled "Reaching Out" from the Commonwealth of Virginia's Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Criminal Justice Services of a grant to implement a program entitled "Reaching Out" in the amount of $9,000.00, such grant being more particularly described in the report of the City Manager, dated July 7, 1997, 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 7th day of July, 1997. No. 33475-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 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 $ 3,084,854.00 Summer Food Program 1997-98 (1-2) ................ 81,245.00 Revenue Health and Welfare $ 3,084,854.00 Summer Food Program 1997-98 (3-4) ................ 81,245.00 General Fund Appropriations General Government Director of Human Development (5) ................. Nondepartmental Transfers to Other Funds (6) ....................... $10,606,145.00 196,333.00 56,970,083.00 56,167,232.00 1) Temporary Employee Wages 2) Program Activities 3) Federal Grant Receipts 4) Local Match 5) Fees for Professional Services 6) Transfer to Grant Fund (035-054-5182-1004) (035-054-5182-2066) (035-035-1234-7250) (035-035-1234-7251) (001-054-1270-2010) (001-004-9310-9535) $ 15,245.00 66,000.00 66,000.00 15,245.00 (15,245.00) 15,245.00 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 July, 1997. No. 33476-070797. A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1997 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 1997 Summer Food Service Program. 2. The City of Roanoke accepts any subsequent grant award from the United States Department of Agriculture for the 1997 Summer Food Service Program in an amount not to exceed $66,000.00. 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 $66,000.00 from the United States Department of Agriculture for the 1997 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 Total Action Against Poverty, Roanoke Redevelopment and Housing Authority, and Roanoke City Schools, 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 7, 1997. Such agreements 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 7th day of July, 1997. No. 33477-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. 40 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_opro_oriations City Council City Clerk City Manager Management and Budget Personnel Management Occupational Health Clinic Economic Development/Grants Grants Compliance City Attorney Director of Finance Billings and Collections Municipal Auditing 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 2,565.00 30,791.00 143,269.00 9,565.00 9,458.00 1.767.00 821.00 77,022.00 9.467.00 $ 4,451.00 265.00 46.00 9,717.00 30,599.00 4,485.00 24, t63.00 315.00 1,168.00 22,193.00 22,873.00 38,410.00 40,36t .00 3,260.00 15,075.00 1,959.00 225,963.00 12,245.00 942.00 89,174.00 99.00 $ 197,415.00 87,310.00 9,083.00 132,176.00 325.00 121,659.00 64,567.00 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 Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Health Department Social Services - Administration Income Maintenance Social Services - Services Employment Services Libraries Youth and Family Services - Community Education Supply Management Director of Utilities and Operations General District Court Magistrate's Office Circuit Court Juvenile and Domestic Relations Court Services Total Appropriations Fund Balance 3,731.00 2,036.00 1,233.00 103,00 361,455.00 82,180.00 19.653.00 76.458.00 643 166.00 10 476.00 2 438.00 56 763.00 236 628.00 227,876.00 71,861.00 176.00 41,730.00 5,173.00 101,382.00 2,030.00 5,605.00 2,699.00 7,426.00 7,103.00 59,198.00 90.00 3,577.00 22.00 13,549.00 150.00 96.00 100.00 $ 3.199.358.00 41 Reserve for Prior Year Encumbrances $ 3.199,358.00 42 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. P;Ifker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33478-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_oro_~riations General Operating Expenses Water Pumping Station and Tanks Water Purification Capital Outlay $ 623.00 17,009.00 40.782.00 $ $8,414.00 67.661.00 Total Appropriations $126.076.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED David A. Bowers Mayor 43 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33479-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ropriations Administration Maintenance Operations Laboratory Lateral Maintenance and Replacement Capital Outlay 505,606.00 6,114.00 28,489.00 463.00 7,860.00 $ 548,532.00 56.953.00 Total Appropriations 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 ~. Bowers Mayor 44 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33480-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_~riations Operating Expenses Capital Outlay Total Appropriations $ 9,539.00 66.850,00 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 July, 1997. No. 33481-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Nursing Home Appropriations, and providing for an emergency. 45 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 1997-98 Nursing Home Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_oriations Operating Expenses $ 21.803.00 Total Appropriations 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 7th day of July, 1997. No. 33482-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 46 A_DproDriations Operating Expenses $ 13,023.00 Telephone System Maintenance 4,356.00 Capital Outlay 49.516.00 Total Appropriations ~ BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33483-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Materials Control Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Expenses $ 219,00 Total Appropriations 47 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 July, 1997. No. 33484-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Management Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriations Operating Expenses Capital Outlay $ 9,723.00 3.689.00 Total Appropriations $13.412.00 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 48 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33485-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Armror)riations Operating Expenses $ 7,792.00 Capital Outlay 149.574.00 Total Appropriations $157.366.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33486-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management Fund Appropriations, and providing for an emergency. 49 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 1997-98 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_Driation~ Operating Expenses Capital Outlay 9,610.00 .463,026.00 Total Appropriations $1.472.636.00 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 July, 1997. No. 33487-070797. AN ORDINANCE to amend and reordain certain sections of the t997-98 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 1997-98 Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_DoroDriations Operating Expenses Total Appropriations $ 8.803.00 $ 8.803.00 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 July, 1997. No. 33488-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDro_Driation~ Instruction General Support Transportation Operation/Maintenance of Plant Food Services Facilities $ 596,623.00 49,333.00 20,800.00 366,4O4.00 36,951.00 737.356.00 Total Appropriations $1.807.467.0~) 5] Fund Balance Reserve for Prior Year Encumbrances $1.807,467.00 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 July, 1997. No. 33490-070797. AN ORDINANCE providing for the acquisition of certain property rights across a vacant lot identified by Roanoke City Tax Map No. 5060725, in connection with the Westchester Sanitary Sewer 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 Westchester Sanitary Sewer Project, the City wants and needs a 15' wide sanitary sewer easement across a vacant lot identified by Roanoke City Tax Map No. 5060725. The owner has agreed to convey the necessary easement for the consideration of (a) $12,000.00 and (b) a public water service connection and meter at 4015 Mudlick Road, S.W. The proper City officials are authorized to acquire for the City from the owner the aforesaid property rights. 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 $12,000.00 consideration to the owner, certified by the City Attorney to be entitled to the same. 52 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 7th day of July, 1997. No. 33491-070797. AN ORDINANCE approving and authorizing execution of an agreement with the Norfolk and Western Railway Company to allow installation of a sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an agreement with the Norfolk and Western Railway Company for installation of a sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project, upon the terms and conditions contained in the report to this Council dated July 7, 1997. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33492-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_DDropriation Traffic Engineering $14,645,255.00 Traffic Signal - Installation of New Signals (1) ........ 357,000.00 Capital Improvement Reserve $18,812,236.00 Public Improvement Bonds - Series 1996 (2) ......... 16,089,678.00 1) Appropriated from Bond Funds 2) Streets and Sidewalks (008-052-9561-9001) (008-052-9701-9191) $ 25,000.00 (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 54 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33493-070797. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersections of (a) Hershberger Road and Westside Boulevard, N. W., and (b) Main Street, Elm Avenue, and Ferdinand Avenue, S. W.; 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersections of (a) Hershberger Road and Westside Boulevard, N. W., and (b) Main Street, Elm Avenue, and Ferdinand Avenue, S. W., the City wants and needs certain property rights as set forth in the report and attachments thereto to this Council dated July 7, 1997, on file in the Office of the City Clerk. The proper City officials are authorized to acquire the necessary property rights for the City from the respective owner 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 rights 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 total consideration offered or expended shall not exceed $25,000.00 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 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 any property Hghts 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 55 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. 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 §33.1-119 or §25-46.8 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 July, 1997. No. 33495-070797. A RESOLUTION memorializing the late M. David Hooper. WHEREAS, it was with great sorrow that the members of this Council learned on June 23, 1997, of the passing of M. David Hooper, Chief of Police; WHEREAS, Chief Hooper served as the City's Chief of Police from August 1, 1967, to the date of his death; WHEREAS, Chief Hooper gave 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, straightforwardness, courage, fairness, precision and attention to details; 56 WHEREAS, under Chief Hooper's leadership, the City's Police Department developed progressive rules and regulations and procedures, established a Police Training Academy, achieved membership in the Commission on Accreditation for Law Enforcement Agencies and instituted the Community- Oriented Policing Effort (COPE) as an effective crime fighting tool; WHEREAS, Chief Hooper, who was at his best during a crisis, was highly trusted by City Managers and other City administrators and will be sorely missed by the City of Roanoke, its officers, employees and citizens; and WHEREAS, this Council desires to take special note of the passing of this distinguished public servant; 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 M. David Hooper, Chief of Police, and extends to Wanda Hooper, his widow, and to his children, Peter D. Hooper, Kathleen A. Hooper and Rose H. Ramsey, 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. Hooper. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 1997. No. 33496-071597. A RESOLUTION adopting guidelines to be adhered to by City Council in reviewing and approving a modified election district plan for the election of members of City Council and in the drawing of election districts for City Council. WHEREAS, by motion adopted April 22, 1996, the City Council of the City of Roanoke, Virginia ("City Council"), created the Citizens Task Force to Recommend a Modified Election District System for the Election of Members of the Roanoke City Council ("Task Force") and requested the Task Force to study and report to City Council with respect to election of members of City Council under a Modified Election District System; WHEREAS, after an extensive public participation process, including the conduct of workshops in eleven (11) neighborhoods of the City, the Task Force rendered its final report to this Council on June 16, 1997; WHEREAS, it is now appropriate for City Council to review and approve a modified election district plan, including the boundaries of the proposed election districts, to be the subject of a referendum on November 4, 1997; WHEREAS, the Council intends in all of its work to comply with the legal mandates of the United States and Virginia Constitutions, and laws of the United States, including the Voting Rights Act, and the Commonwealth of Virginia; WHEREAS, the Council also intends to afford additional ample opportunity for public participation as to alternative election procedures, including the conduct of a public hearing at 7:00 p.m. on July 28, 1997; WHEREAS, prior to commencing its review of the Task Force's report, City Council believes it to be appropriate to adopt these guidelines to be adhered to by Council in reviewing and approving a modified election district plan and in the drawing of election districts for City Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In reviewing and approving a modified election district plan for the election of members of City Council and in the drawing of election districts for City Council, the following guidelines shall be adhered to: be E=_ual _r~o_r~ulation. The total number of persons in each election district shall be as nearly equal as is practicable. Any deviation from equality of population is justified only when it is the result of following another guideline set forth below. In no case shall the total deviation from the most populous district to the least populous district exceed ten percent (10%) following the methodology approved by the Supreme Court of the United States in Board of Estimates of New York City_ v, Morris, 489 U. S. 6,88 (t989). ,. Votin=_ Ri_ehts Act. The dilution of racial or minority voting strength is contrary to law and public policy. Accordingly, no districting plan shall dilute racial or minority voting strength, and nothing in these guidelines shall be construed to supersede any provision of the Constitution of the United States or the Voting Rights Act of 1965, as amended. Com_~actness. Districts shall be in reasonably compact form. Conti_~uity. Districts shall be comprised of one contiguous geographic unit and not be separated by other boundary lines. PoDulafion base. The 1990 Federal Decennial Census numbers shall be the sole basis for determining the population of election districts. Boundaries. Election district boundaries shall where possible follow clearly defined and clearly observable features, such as roads, highways, railroad tracks, rivers, streams and other permanent features. Census blocks. No election district lines shall divide a census block. By using whole census blocks, the population of each election district can be determined solely by reference to the census reports and without relying on estimates. Precincts. Each precinct shall be wholly contained within an election district. Communities of interest. Election districts shall be established in such a way as to preserve existing communities of interest where that can be done in compliance with the preceding guidelines. Communities of interest are defined as recognizable areas with similarities of interest, including but not limited to racial, ethnic, geographic, economic, social, cultural, or historic interests, as well as commonality of communications and transportation links. 2. The guidelines of equal population and the Voting Rights Act (Paragraph 1, subparagraphs a. and b., above) shall be given priority in the application of these criteria. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33489-072197. 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 Washington Heights Water Tank and site located in the 4100 block of Wyoming Avenue, N. W., and the use of the Summit Water Tank and site located in the area of 4500 Franklin Road, S. W., on the dead end of Summit Way Drive, S. W., (a private road) 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 Washington Heights Water Tank and site located in the 4100 block of Wyoming Avenue, N. W., and the use of the Summit Water Tank and site located in the are of 4500 Franklin Road, S. W., on the dead end of Summit Way Drive, S. W. (a private road) for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, for a five (5) year period, 60 with up to two five year renewals, effective August 1, 1997, with a rental rate of $750.00 per month for each property, 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 7, 1997. 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 21st day of July, 1997. No. 33494-072197. AN ORDINANCE granting conditional permit to allow for the encroachment of a parking area over and into the right-of-way along Windsor Avenue, S. W., located adjacent to the parking area of the Raleigh Court United Methodist Church, Official Tax No. 144701, subject to any required approval of the Board of Zoning Appeals, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A conditional permit shall be and is hereby granted the current owner, Raleigh Court United Methodist Church, its grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1440701, as more fully described in a report of the Water Resources Committee dated July 7, 1997, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to §15.1-376, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in §15.1-376. 3. It shall be agreed by the permittee that, in constructing and maintaining such encroachment, said permittee and its grantees, assignees, or successors in interest covenant and 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 public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this conditional permit, with respect to claims arising out of the construction, maintenance and use of the area permitted to encroach into City right- of-way hereunder, maintain on file with the City Clerk's Office evidence of commercial general liability insurance coverage. The amount of such insurance shall not be less than: A. General aggregate $300,000.00 B. Products - Completed/Operations Aggregate $1,000,000.00 C. Personal and Advertising Injury $1,000,000.00 D. Each Occurrence $300,000.00 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000.00 aggregate; $1,000,000.00 each occurrence. Owner shall name the City, its officers, agents, employees and volunteers as additional insureds as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the Director of Utilities and Operations of the City of Roanoke. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of Circuit Court of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the commercial general liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: Mar~y-~=.- ~arker City Clerk APPROVED David A. Bowers Mayor 62 ATTEST: (print name) Title: ACCEPTED and EXECUTED by the undersigned this ,1997. day of RALEIGH COURT UNITED METHODIST CHURCH By: Title: (print name) COMMONWEALTH OF VIRGINIA § § To-Wit: CITY OF ROANOKE § I hereby certify that the foregoing instrument was acknowledged before me this day of , 1997, by the of Raleigh Court United Methodist Church, for and on behalf of said entity. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33497-072197. AN ORDINANCE authorizing the issuance of Thirty-Nine Million Thirty Thousand Dollars ($39,030,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke 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; and providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia (the "City"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary permanent public improvements, and that this ordinance should become effective upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. It is deemed expedient and necessary in the judgment of the Council of the City to issue and sell general obligation bonds of the City in the principal amount of THIRTY-NINE MILLION THIRTY THOUSAND DOLLARS ($39,030,000.00) for the purpose of providing funds to be applied, with or without other funds, to defray the cost to the City of acquisitions, construction, additions, betterments, extensions and improvements 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. If upon completion of any of such needed permanent public improvements, there remains any unexpected balance of the amount of bond proceeds allocated therefor, such balance may be used for other needed public improvements set forth in this paragraph, as determined by the Council of the City. 2. Pursuant to Section 47 of the Charter of the City, there are hereby authorized to be issued general obligation bonds of the City in an aggregate principal amount not exceeding $39,030,000.00 for the purpose of raising moneys to pay the cost of the permanent public improvements set forth in paragraph 1 hereof. The full faith and credit of the City is pledged to the payment of the principal and interest of such bonds. 3. The Council shall by resolution adopted from time to time prescribe the amount of such bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Such bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the City voting in an election to be called in the manner provided by the Charter of the City to be held on November 4, 1997. 5. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: Ma ry F."F.~'a rke r City Clerk APPROVED Mayor 64 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 1997. No. 33498-072197. AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia will approve Ordinance No. 33497-072197, duly adopted by the Council of the City of Roanoke on July 21, 1997, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary permanent public improvements, set out in Ordinance No. 33497-072197, duly adopted by the Council on July 21, 1997, and that this ordinance should become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. Pursuant to Section 47 of the Charter of the City, an election shall be held in the City on November 4, 1997 to determine whether the qualified voters will approve an ordinance, duly adopted by the Council on July 21, 1997, entitled: "No. 33497-072197 AN ORDINANCE authorizing the issuance of Thirty-Nine Million Thirty Thousand Dollars ($39,030,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke 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; and providing for an emergency." 2. Such election shall be conducted and the results ascertained and certified in the manner prescribed by law for the conduct of special elections. 65 3. The Secretary of the Electoral Board of the City is hereby directed to give public information of such election, setting forth the time and place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in the City and published in the City at least ten (10) days before the date of the election. 4. The Electoral Board of the City shall forthwith cause proper ballots to be prepared for use at such election, and such ballots shall be in substantially the following form: COMMONWEALTH OF VIRGINIA OFFICIAL BALLOT CITY OF ROANOKE SPECIAL ELECTION TUESDAY, NOVEMBER 4, 1997 BOND ELECTION QUESTION: Shall Ordinance No. 33497-072197, adopted by the Council of the City of Roanoke on July 21, 1997, entitled: "AN ORDINANCE authorizing the issuance of Thirty-Nine Million Thirty Thousand Dollars ($39,030,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke 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; and providing for an emergency.", be approved? [] YES [] NO 5. The City Clerk is hereby authorized and directed to forward as soon as practicable a certified copy of this ordinance as adopted by the Council to the State Board of Elections in accordance with Section 24.2-684, Code of Virginia (1950), as amended, and to the Electoral Board of the City. 6. In order to provide for the public health and safety and 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 July, 1997. No. 33499-072197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Public Safety Jail (1-8) ...................................... Revenue Grants-in-Aid Commonwealth Shared Expenses (9) ............................. 1) Regular Salaries (001-024-3310-1002) 2) VRS Retirement (001-024-3310-1110) 3) FICA (001-024-3310-1120) $ 8,270,277.00 8,270,277.00 $37,187,561.00 6,770,569.00 $ 106,915.00 21,672.00 8,179.00 67 4) Hospitalization Insurance (001-024-3310-1125) $ 7,810.00 5) Dental Insurance (001-024-3310-1126) 520.00 6) Life Insurance (001-024-3310-1130) 374.00 7) Disability Insurance (001-024-3310-1131) 267.00 8) Reimbursements (001-024-3310-8005) (71,446.00) 9) Sheriff (001-020-1234-0611) 74,291.00 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 July, 1997. No. 33500-072197. A RESOLUTION approving an amended Annual Budget for the Roanoke Valley Resource Authority for Fiscal Year 1997-98, upon certain terms and conditions. WHEREAS, by Resolution No. 33334-042197, adopted April 21, 1997, this Council approved an Annual Budget for the Roanoke Valley Resource Authority (RVRA) in the amount of $8,484,960.00; WHEREAS, RVRA, by letter from its Chairman, dated July 8, 1997, has requested that RVRA's Annual Budget be reduced by $526,000.00 due to a reduction in projected revenue; and WHEREAS, this Council is desirous of approving RVRA's request; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that an amended Annual Budget for RVRA for Fiscal Year 1997-98, in the amount of $7,959,000.00 is hereby approved, all as more particularly set forth in the report to this Council dated July 21, 1997, from the City's representative to RVRA. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33501-072197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Alternative Education Program 1996-97 (1-5) ........ Thurman Foundation for Children 1997-98 (6-7) ...... Homeless Assistance Program 1997-98 (8-14) ....... Instruction (15-22) .............................. General Support (23-24) .......................... Operation and Maintenance of Plant (25-26) ......... Other Uses of Funds (27) ......................... $118,407,756.00 1,236,782.00 8,500.00 68,071.00 65,740,659.00 3,208,135.00 9,551,263.00 2,173,444.00 Revenue Education Alternative Education Program 1996-97 (28) ......... Thurman Foundation for Children 1997-98 (29) ....... Homeless Assistance Program 1997-98 (30-31) ...... $116,600,289.00 1,236,782.00 8,500.00 68,071.00 1) Secondary Teachers (030-060-6945-6100-0121) 2) FICA (030-060-6945-6100-0201) 3) Contracted Services - Salem City 4) Transportation Services 5) Instructional Equipment 6) Teacher Stipends 7) Training Materials 8) Instructor/Liason 9) Tutors 10) FICA 11) Retirement 12) Health Insurance 13) Group Life Insurance 14) Pupil Transportation 15) Tuition In-State 16) Network System Coordinator 17) FICA 18) State Retirement 19) Health Insurance 20) Group Life Insurance 21) Travel - Elementary 22) Travel - Secondary 23) Travel - School Board 24) Travel - Administrative 25) Property Insurance 26) Telecommunications 27) Transfer to MY Fund 28) State Grant Receipts 29) Contributions (030-060-6945-6100-0311 ) (030-060-6945-6100-0583) (030-060-6945-6100-0821) (030-060-6965-6100-0129) (030-060-6965-6100-0617) (030-060-6966-6100-0121) (030-060-6966-6100-0141) (030-060-6966-6100-0201) (030-060-6966-6100-0202) (030-060-6966-6100-0204) (030-060-6966-6100-0205) (030-060-6966-6100-0583) (030-060-6001-6229-0382) (030-060-6001-6202-0114) (030-060-6001-6202-0201) (030-060-6001-6202-0202) (030-060-6001-6202-0204) (030-060-6001-6202-0205) (030-060-6001-6214-0554) (030-060-6001-6314-0554) (030-060-6002-6661-0554) (030-060-6002-6662-0554) (030-060-6004-6680-0534) (030-060-6004-6681-0523) (030-060-6007-6999-0911) (030-060-6945-1100) (030-060-6965-1103) $ 7,170.00 549.00 5,000.00 772.00 6,503.00 3,685.00 4,815.00 28,618.00 8,000.00 2,801.00 3,517.00 2,342.00 100.00 22,693.00 (12,400.00) 44,970.00 3,440.00 5,527.00 2,342.00 157.00 4,862.00 4,863.00 125.00 325.00 (10,175.00) (56,436.00) 12,400.00 19,994.00 8,500.00 30) Local Match 31) Federal Grant Receipts (030-060-6966-1101) (030-060-6966-1102) 12,400.00 55,671.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED David A Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33504-072197. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Bryant Electric Company, Inc., in connection with the Tinker Creek Interceptor Sewer Replacement project; 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 and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 in the amount of $33,074.80, to the City's contract with Bryant Electric Company, Inc., in connection with the Tinker Creek Interceptor Sewer Replacement project all as more fully set forth in the report to this Council dated July 21, 1997. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: M~a F.~Parke~'r APPROVED David-A. Bowers City Clerk ................ Mayor 7] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33506-072197. A RESOLUTION authorizing the City Manager's issuance of Change Order No. 4 to the City's contract with Mattern & Craig, Inc., for consulting services in connection with the 1-581 Interchange project. BE IT RESOLVED by the Council of the City of Roanoke that 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, Change Order No. 4 in the amount of $82,000, to the City's contract with Mattern & Craig, Inc., for consulting services in connection with the 1-581 Interchange project all as more fully set forth in the report to this Council dated July 21, 1997. APPROVED ATTEST: Mary F. P,~rker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33508-072197. A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year 1997-1998, 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, 1997, to June 30, 1998, such items being more particularly described in the report of the City Manager to this Council dated July 21, 1997, 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 Liquid Alum Alchem, Inc. $ .346834 per gallon 2 Liquid Chlorine Jones Chemicals, Inc. $17.666 per cwt 150 lb. cylinders $15.20 per cwt 2,000 lb. cylinders 3 Sodium Silico Prillaman Chemical Corp. $ .245 per lb. Fluoride 4 Sulfur Dioxide Jones Chemicals, Inc. $396.81 per cylinder 5 Sodium Hydroxide Prillaman Chemical Corp. $.78 per bulk Van, Waters and Rogers, gallon Inc. $.82 per non-bulk gallon 6 Hydrofluosilica Acid Prillaman Chemical Corp. $ .65 per gallon 7 Sodium Bi-Sulfite Prillaman Chemical Corp. $1.20 per gallon 8 Orthophosphate Prillaman Chemical Corp. $2.90 per gallon 9 Polymer Praestol GEO. S. Coyne Chemical $3.84 per gallon 186KH Co., Inc. 10 Polymer CatFIoc-TL Southchem, Inc. $4.07 per gallon 11 Filter Aid .57 ppm Prillaman Chemical Corp. $3.91 per gallon 12 Sodium Fluoride Prillaman Chemical Corp. $ .645 per lb. 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: David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33509-072197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Nondepartmental Transfers to Other Funds (1) ..................... $ 56,143,149.00 55,340,298.00 Public Works Solid Waste Management - Refuse (2) ............. $ 25,072,372.00 6,514,092.00 1) Transfer to Capital Projects Fund 2) Expendable Equipment (001-004-9310-9508) (001-052-4210-2035) $ (811,689.00) 811,689.00 74 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 July, 1997. No. 33510-072197. A RESOLUTION authorizing the purchase of additional refuse containers for residential solid waste collection. WHEREAS, bids for automated refuse containers were opened on August 29, 1996; WHEREAS, the bid of Toter, Inc., was the lowest bid meeting specifications, and pursuant to Resolution No. 33279-021897 a quantity of refuse containers was purchased from Toter, Inc.; WHEREAS, the bid specifications for automated refuse containers required bidders to provide additional containers at the same price for a certain time period, and Council now wants to avail itself of this right; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders in accordance with the City's specifications, the bidder's proposal opened on August 29, 1996, and this resolution for the following equipment for residential solid waste collection: ITEM QUANTITY UNIT SUCCESSFUL BIDDER TOTAL PRICE PRICE 95-gal. refuse con- tainers, assembled 19,375 $40.89 Toter, Inc. $792,243.75 64-gal. refuse con- tainers, assembled 500 $38.89 Toter, Inc. 19,445.00 $811,688.75 ATTEST: M~a~ F.~Parker~, City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33511-072197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue (1) ..................... $ 744,448.00 Retained Earnings Retained Earnings - Unrestricted (2) .................. $2,409,132.00 76 1) Other Equipment 2) Retained Earnings - Unrestricted (013-052-1602-9015) (013-3336) $194,932.00 (194,932.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33512-072197. A RESOLUTION rejecting all bids for personal computers and related equipment. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for personal computers and related equipment, as more particularly described in the City Manager's report to Council dated July 21, 1997, 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. ATTEST: Mary F. I~arker City Clerk APPROVED David A. Bowers Mayor 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33513-072197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Federal Forfeiture Program (1) .................... $ 2,044,777.00 385,842.00 Revenue Public Safety Federal Forfeiture Program (2) .................... $ 2,044,777.00 385,842.00 1) Investigation and Rewards (035-050-3304-2150) $ 88,137.00 2) Federal Forfeiture Program (035-035-1234-7184) 88,137.00 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 21st day of July, 1997. No. 33514-072197. A RESOLUTION rejecting all bids to replace fire alarm and temperature controls at the Roanoke Civic Center. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City to replace fire alarm and temperature controls at the Roanoke Civic Center, 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. ATTEST: ~Mary F~. ark~r City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 1997. No. 33515-072197. AN ORDINANCE accepting the bid of E. C. Pace Company, Inc., for the construction of the Precision Circle Roadway Construction 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 E. C. Pace Company, Inc., in the total amount of $219,029.00, for the construction of the Precision Circle Roadway Construction Project, as is more particularly set forth in the July 21, 1997, report 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 City Clerk, 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 80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33502-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_~riations Streets and Bridges 1-581 Interchange (1-2) .......................... $ 22,574,255.00 7,968,000.00 Capital Improvement Reserve $12,173,512.00 Public Improvement Bonds - Series 1996 (3-4) ...... 9,250,018.00 Fund Balance Reserved Fund Balance - Unappropriated (5) ........ $ (1,350,000.00) 1) Appropriated from Bond Funds (008-052-9545-9001) 2) Appropriated from General Revenue (008-052-9545-9003) 3) Streets and Sidewalks (008-052-9701-9191) 4) Buildings (008-052-9701-9183) 5) Reserved Fund Balance - Unappropriated (008-3325) 6,618,000.00 1,350,000.00 (4,318,000.00) (2,300,000.00) (1,350,000.00) APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor $! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33503-080497. AN ORDINANCE authorizing the execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing the execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing the execution of appropriate documents by the proper City officials to provide for the dedication of 10,880 sq. ft., more or less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20- foot temporary construction easement for Valley View Boulevard Extended. 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 agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended, as more particularly described in the report of the City Manager to this Council dated July 21, 1997. The form of the agreement shall be approved by the City Attorney and be substantially similar to Attachment A to the City Manager's report. 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, an agreement with the Roanoke City School Board related to properties currently dedicated to School use needed for road construction, as more particularly described in the report of the City Manager to this Council dated July 21, 1997. The form of the agreement shall be approved by the City Attorney and be substantially similar to Attachment B to the City Manager's report. 3. To the extent the return of real property from the School Board to the full control and dominion of the City as set forth in the agreement mentioned in item 2 above is governed by the Release of Real Property From Educational Uses $2 Policy (Policy) previously adopted by Council on September 9, 1985, by Resolution No. 27788 and by the School Board on August 25, 1985, Council, pursuant to paragraph VI of the Policy, hereby waives any provisions of the Policy as they may relate to these properties and further accepts the return of these properties to the City. 4. The Mayor, the City Manager and other appropriate City officials are hereby authorized to execute the appropriate documents to provide for the dedication of 10,880 sq. ft., more or less, of permanent right-of-way from a parcel identified by Tax Map No. 2250102 and 24,044 sq. ft., more or less, of temporary construction easement across a parcel identified by Tax Map No. 2250102 to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way from a parcel identified by Tax Map No. 2370101, and 12,052 sq. ft., more or less, of a 20- foot temporary construction easement across a parcel identified by Tax Map No. 2370101 for Valley View Boulevard Extended, as more particularly described in the report of the City Manager to this Council dated July 21, 1997. The form of the documents shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33505-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Capital Improvement Reserve $18,791,512.00 Public Improvement Bonds - Series 1996 (1) ......... 15,950,018.00 Streets and Bridges $14,688,255.00 1-581 Interchange (2) ............................. 682,000.00 1) Streets and Sidewalks (008-052-9701-9191) 2) Appropriated from Bond Funds (008-052-9545-9001) $(82,000.00) 82,000.00 APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33507-080497. AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Garden City Recreation Club to construct a structure at Garden City Park, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to enter into an agreement, in form approved by the City Attorney, with the Garden City Recreation Club, authorizing the construction of a permanent concession/storage/restroom building at Garden City Park behind the existing baseball backstop, to be constructed of such materials and design as may be approved by the City Manager, or his designee, and the Supervisor of Building Operations for the Roanoke City Public Schools, prior to commencement of any construction. 2. This authorization is subject to submission to the City Manager of proof of adequate insurance, as determined by the City's Risk Management Office, and financial resources to permit completion of the project and receipt by the Garden City Recreation Club of the proper permit from the Building Commissioner. 3. The Garden City Recreation Club shall give prior notice to the City of its intention to commence construction. $4 4. Upon completion, the Garden City Recreation Club shall have the right to use the aforesaid structure, subject to such reasonable rules and regulations as may be established by the City Manager. The Council reserves the right to cause this use to be discontinued at any time for good cause. 5. The Garden City Recreation Club shall be solely responsible for the maintenance and upkeep of the aforesaid structure for such period of time that it is used by the said organization. 6. Upon completion of the aforesaid structure, the structure shall become the property of the City of Roanoke. 7. By the execution of this ordinance by its President, the Garden City Recreation Club agrees that it, its officers, agents, grantees, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for any expenses the City incurs in this regard, arising out of the construction, maintenance and use of the aforesaid structure. 8. The City Clerk shall transmit an attested copy of this ordinance to the Garden City Recreation Club. 9. If construction of the structure has not been completed to the satisfaction of the City Manager within eighteen (18) months of the date of this ordinance, authorization to construct such structure shall be revoked, and the Garden City Recreation Club shall remove all materials and equipment from the park within thirty (30) days of receipt of written notice to remove said materials and equipment. 10. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by the duly authorized officers of the Garden City Recreation Club, has been filed with the City Clerk. APPROVED ATTEST: MaryF'~. arker DavEd A. Bowers City Clerk Mayor ACCEPTED and EXECUTED by the undersigned this ., 1997. day of ATTEST: GARDEN CITY RECREATION CLUB By. Secretary President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33516-080497. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, GFW Corporation, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, 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 July 21, 1997, 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. 714 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 1.96-acre tract of land located on Orange Avenue, N. W. (Rt. 460 East), and designated on Sheet No. 714 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7140114, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2 General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on June 3, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 714 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 August, 1997. No. 33517-080497. A RESOLUTION adopting the Roanoke City Council Vision Statement. WHEREAS, for the past several months, this Council has been working to develop a Vision Statement to help guide the decisions of Council into the 21st Century; WHEREAS, this Council preliminarily adopted a Vision Statement on August 19, 1996; WHEREAS, two amendments to such Vision Statement have been recommended by the Cultural Services Committee; and WHEREAS, this Council is desirous of adopting the Vision Statement as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Vision Statement attached to the report of Linda F. Wyatt, Vice-Mayor, and William White, Sr., Council Member, dated August 4, 1997, including the two amendments recommended by the Cultural Services Committee, is hereby adopted as the Roanoke City Council Vision Statement. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33518-080497. A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 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 1997-98 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 August 4, 1997. ATTEST: ~Mary~ar~'r City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33519-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDro_oriation Community Development Clean Site Grant (1) ............................... Revenue Community Development Clean Site Grant (2) ............................... 1) Fees for Professional 'Services (035-052-5250-2010) 2) State Grant Receipts (035-035-1234-7237) $ 3,263,181.00 100,000.00 $ 3,263,181.00 100,000.00 $100,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33520-080497. A RESOLUTION authorizing acceptance of a matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, 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 matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, in the amount of $100,000.00, as set forth in the City Manager's report dated July 7, 1997, is hereby ACCEPTED. 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents, approved as to form by the City Attorney, pertaining to the City's acceptance of these grant funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33521-080497. 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 1997- 1998. 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 1997-1998, as more particularly set forth in the City Manager's report and attachment dated August 4, 1997. 2. Such agreement shall be in the amount of $979,584.00 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 4, 1997. 3. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED ATTEST: ary F. P~l'rker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33522-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations General Government Director of Public Works (1) ....................... Public Works Traffic Engineering (2) ............................ Public Safety Juvenile Detention Center (3) ...................... Youth Haven I (4-5) ............................... Crisis Intervention (6) ............................. Nondepartmental $10,832,152.00 151,500.00 24,262,842.00 1,388,887.00 38,933,138.00 1,176,835.00 445,722.00 469,460.00 56,990,071.00 Transfer to Other Funds (7) ........................ 56,187,480.00 Fund Balance Reserved for CMERP - City (8) ....................... $ 6,411,845.00 Capital Projects Fund Appropriations Traffic Engineering $ 1,935,300.00 Traffic Signals - General (9) ........................ 719,553.00 1) Fees for Professional Services 2) Project Supplies 3) USDA - Expenditures 4) Food 5) USDA - Expenditures 6) USDA - Expenditures 7) Transfer to Capital Projects Fund 8) Reserved for CMERP city 9) Appropriated from General Fund ( 001-052-1280-2010) (001-052-4160-3005) (001-054-3320-3000) (001-054-3350-2060) (001-054-3350-3000) (001-054-3360-3000) (001-004-9310-9508) (001-3323) (008-052-9560-9003) 8,659.00 2,000.00 5,343.00 20,650.00 1,602.00 4,417.00 35,000.00 (77,671.00) 35,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Ma~ F. ~arker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33523-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Roanoke River Interceptor Sewer (1-2) .............. 94 STP Expansion Bonds (3) ...................... $28,013,718.00 2,015,880.00 8,322,964.00 Revenue Due from Other Governments (4-5) .................. 1,082,413.00 1) Appropriated from Bonds (003-056-8469-9001) $ 2) Appropriated from Other Governments (003-056-8469-8999) 3) Appropriated from Bonds (003-056-8465-9001) ( 51,703.00 89,177.00 51,703.00) 4) Due from Roanoke County 5) Due from City of Salem (003-1072) (003-1071) $ 41,700.00 47,477.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mary F. Parker David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33524-080497. A RESOLUTION authorizing the execution of an amendment to the City's contract with Black & Veatch, for additional engineering services in connection with the Roanoke River Interceptor Sewer Replacement Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment Number 2 to the City's contract with Black & Veatch, dated October 10, 1994, in order to provide for additional services related to the Roanoke River Interceptor Sewer Replacement Project as set forth in the report to this Council dated August 4, 1997. 2. The cost of these additional services shall be $140,880.00, which will increase the contract amount from $1,668,235.00 to $1,809,115.00. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 94 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33525-080497. 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 an 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 $89.54 per dry ton, not to exceed 11,000 dry tons during the period of September 1, 1997, through August 31, 1998, for an amount not to exceed $984,940, as more particularly set forth in the report of the City Manager to Council dated August 4, 1997. The form of the amendment 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33526-080497. A RESOLUTION endorsing and requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581 Valley View Boulevard interchange bridge. WHEREAS, 1-581 Interchange improvements were endorsed by Roanoke City on March 18, 1996, by the adoption of Resolution No. 32856-031896; WHEREAS, Virginia Department of Transportation (VDOT) has adopted a Six-Year Improvement Program for Fiscal Years 1996-97 through 2001-2002 for interstate highways, which includes an improvement project in the City, known as 1-581 Interchange at Valley View Boulevard - Phase I; WHEREAS, Federal Highway Administration has notified the City on August 23, 1996, of its approval of the new interchange access; WHEREAS, Roanoke City Council approved an agreement with Mattern & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration by Resolution No. 33207-121696, adopted on December 16, 1996; WHEREAS, the 1-581/Valley View Boulevard bridge has been identified in the Roanoke Valley Greenway Plan and in the draft Bikeway Plan for the Roanoke Valley as a bicycle/pedestrian corridor connecting neighborhoods, the Valley View area, and downtown; and WHEREAS, approving a resolution, requesting a break in the limited access line to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard interchange does not commit the City to proceed with implementing a bicycle/pedestrian facility on the proposed 1-581/Valley View overpass until bids have been awarded for the interchange. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that this Council, by this resolution, endorses and requests a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard interchange bridge. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33527-080497. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Crowder Construction Company in connection with the Tinker Creek Interceptor Sewer Replacement project; 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 an on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Crowder Construction Company, in connection with the Tinker Creek Interceptor Sewer Replacement project, all as more fully set forth in the report to this Council dated August 4, 1997. 2. The Change Order will provide authorization for additional construction time and additional work in the amount of $129,827.00 and for $245,750.00 in deductions from the original contract amount for reductions in the amount of work or material originally anticipated for a total reduction or credit of $115,923.00 to the original contract amount, all as set forth in the above report. 97 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 4th day of August, 1997. No. 33528-080497. AN ORDINANCE amending the Garden City Property/Relocation Program - Acquisition Policy to allow for the moving of houses prior to the City's purchase under the Acquisition Policy and to allow the City to offer for sale houses the City has purchased under the Acquisition Policy subject to certain terms and conditions; permitting the City Manager to amend the Acquisition Policy to provide for the above matters and to place certain time and other reasonable restrictions on these procedures; and providing for an emergency. WHEREAS, Council approved the Garden City Property/Relocation Program - Acquisition Policy on February 3, 1997, by Ordinance No. 33265-020397 which provided guidelines for the purchase and demolition of houses in the Garden City area under the Federal Emergency Management Agency's grant program; and WHEREAS, certain issues have arisen since the adoption of the Acquisition Policy concerning the moving or selling of houses by the property owners prior to the sale to the City and the sale of houses by the City after the City has purchased the houses and those issues now require an amendment to the Acquisition Policy. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council hereby amends the Garden City Property/Relocation Program - Acquisition Policy to provide that the owners of the houses in the program may move those houses or sell them to someone who will move them prior to the City's purchase of the property and to allow the City to sell any houses it purchases pursuant to the Acquisition Policy and to permit the City Manger to place certain time and other reasonable restrictions on those procedures, including requiring the approval of the immediately surrounding property owners where the house is to be moved, all as more fully set forth in the report to this Council dated August 4, 1997. 2. The City Manager or the Assistant City Manager is hereby authorized to implement this change by making a written amendment to the Acquisition Policy to incorporate the procedures set forth above and to include in that amendment certain time and other reasonable restrictions on those procedures as set forth above. 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 4th day of August, 1997. No. 33529-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Public Safety Fire Program FY98 (1-4) .......................... $ 2,075,567.00 118,927.00 Revenue Public Safety Fire Program FY98 (5) ........................... $ 2,075,567.00 118,927.00 1) Training and Development 2) Wearing Apparel 3) Recruiting 4) Other Equipment 5) State Grant Receipts (035-050-3228-2044) {035-050-3228-2064) (035-050-3228-2065) (035-050-3228-9015) (035-035-1234-7256) $ 81,000.00 18,177.00 7,500.00 12,250.00 118,927.00 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 4th day of August, 1997. No. 33530-080497. 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: 100 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 $118,927.00, such grant being more particularly described in the report of the City Manager, dated August 4, 1997, 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: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33531-080497. A RESOLUTION accepting an interim Medicaid reimbursement rate settlement and authorizing the proper City officials to execute the Provider Consent Form signifying the City's agreement to such settlement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City accepts the interim Medicaid reimbursement rate settlement negotiated between the Commonwealth of Virginia Department of Medical Assistance Services and certain ambulance providers. 2. The City Manager or the Assistant City Manager is hereby authorized on behalf of the City to execute the Provider Consent Form provided by the Commonwealth of Virginia Department of Medical Assistance Services, upon certain terms and conditions as set forth in the City Manager's report to this Council dated August 4, 1997. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33532-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Health Department (1) ........................... Social Services - Services (2) ..................... Employment Services (3-25) ...................... $23,045,718.00 986,934.00 6,830,778.00 1,218,701.00 Revenues Grants-in-Aid Commonwealth Employment Services (26) ....................... Daycare (27) ................................... $38,003,808.00 1,256,913.00 1,743,085.00 1) Other Rental 2) Daycare Services 3) Regular Employee Salaries 4) City Retirement 5) FICA 6) Hospitalization Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 10) Fees for Professional Services 11) Telephone (001-054-5110-3075) (001-064-5314-3169) (001-054-5316-1002) (001-054-5316-1105) ( O01-054-5316-1120) (001-054-5316-1125) (001-054-5316-1126) (001-054-5316-1130) (001-054-5316-1131 ) (001-054-5316-2010) (001-054-5316-2020) $(41,121.00) 411,206.00 128,956.00 13,541.00 9,865.00 9,940.00 662.00 451.00 322.00 1,000.00 2,000.00 102 12) Administrative Supplies 13) Expendable 14) 15) Equipment < $1,000 Motor Fuel/ Lubricant Training and Development 16) Local Mileage 17) Printing 18) Postage 19) Other Rental - Office Space/Parking 20) Purchased Services 21) Materials Control 22) Management Services 23) Fleet Management 24) Vehicular Equipment 25) Other Equipment 26) Employment Services 27) Day Care (001-054-5316-2030) (001-054-5316-2035) (001-054-5316-2038) (001 (001 (001 (001 -054-5316-2044) -054-5316-2046) -054-5316-2075) -054-5316-2160) (001 (001 (OOl -054-5316-3075) -054-5316-3160) -054-5316-7010) (001-054-5316-7015) (001-054-5316-7025) (001-054-5316-9010) (001-054-5316-9015) (001-020-1234-0681 ) (001-020-1234-0686) BE IT FURTHER ORDAINED that, an shall be in effect from its passage. APPROVED ATTEST: M/~a~ F.~P rk?r City Clerk $ 9,800.00 30,000.00 1,500.00 3,750.0O 3,24O.OO 1,425.00 10,000.00 140,000.00 66,778.00 73.00 100.00 1,500.00 55,950.00 29,600.00 520,453.00 370,085.00 emergency existing, this Ordinance David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33533-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. 103 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 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium FY97-98 Title II -A (1-25) ................................ Title II - C (26-48) ............................... Title III (49-67) .................................. Title III - 40% (68-91) ............................. Opportunity Knocks (92-95) ....................... $1,057,242.00 334,736.0O 47,667.00 246,999.0O 300,000.00 127,840.00 Revenue Fifth District Employment and Training Consortium FY97-98 Title II - A (96) .................................. Title II - C (97) .................................. Title III (98) ..................................... Title III -40% (99) ............................... Opportunity Knocks (100) ........................ $1,057,242.00 334,736.00 47,667.00 246,999.00 300,000.00 127,840.00 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) Training Wages (034-054-9861-8350) (034-054-9861-8351) (034-054-9861-8352) (034-054-9861-8353) (034-054-9861-8355) (034-054-9861-8356) (034-054-9861-8359) (034-054-9861-8360) (034-054-9861-8050) $ 45,230.0O 11,732.00 250.00 750.0O 35O.0O 750.00 1,000.00 1,185.00 36,615.00 104 10) Training Fringes 11) Training Travel 12) Training Communications 13) Training Supplies (034-054-9861-8051) (034-054-9861-8052) (034-054-9861-8053) (034-054-9861,8055) 14) Training Equipment (034-054-9861-8059) 15) Training Miscellaneous 16) FDETC I/R 17) FDETC OJT 18) Services Wages 19) Services Fringes 20) Services Travel 21) Services Communications 22) Services Supplies (034-054-9861-8060) (034-054-9861-8500) (034-054-9861-8501) (034-054-9861-8030) (034-054-9861-8031 ) (034-054-9861-8032) (034-054-9861-8033) (034-054-9861-8035) 23) Services Insurance (034-054-9861-8036) 24) Services Miscellaneous (034-054-9861-8040) 25) Supportive Services (034-054-9861-8461) 26) Administrative Wages 27) Administrative Fringes 28) Administrative Travel 29) Administrative Communications 30) Administrative Supplies 31) Administrative Insurance 32) Administrative Miscellaneous 33) Training Wages 34) Training Fringes 35) Training Travel 36) Training Communications 37) Training Supplies (034-054-9863-8350) (034-054-9863-8351) (034-054-9863-8352) (034-054-9863-8353) (034-054-9863-8355) (034-054-9863-8356) (034-054-9863-8360) (034-054-9863-8050) (034-054-9863-8051) (034-054-9863-8052) (034-054-9863-8053) (034-054-9863-8055) 38) Training Equipment (034-054-9863-8059) 39) Training Miscellaneous (034-054-9863-8060) 40) FDETC I/R (034-054-9863-8500) 8,474.0O 200.00 500.00 275.00 350.00 650.00 159,300.00 2,500.00 27,555.00 6,410.00 1,500.00 750.00 750.00 750.00 910.00 26,000.00 8,125.00 2,000.00 100.00 75.00 75.00 75.00 32.00 10,387.00 1,597.00 25.00 250.00 500.00 350.00 650.00 12,000.00 105 41) Services Wages (034-054-9863-8030) 42) Services Fringes (034-054-9863-8031) 43) Services Travel (034-054-9863-8032) 44) Services Communications (034-054-9863-8033) 45) Services Supplies (034-054-9863-8035) 46) Services Insurance (034-054-9863-8036) 47) Services Miscellaneous (034-054-9863-8040) 48) Supportive Services(034-054-9863-8461) 49) Administrative Wages (034-054-9881-8350) 50) Administrative Fringes (034-054-9881-8351 ) 51) Administrative Travel (034-054-9881-8352) 52) Administrative Communications (034-054-9881-8353) 53) Administrative Supplies (034-054-9881-8355) 54) Administrative Insurance (034-054-9881-8356) 55) Administrative Equipment (034-054-9881-8359) 56) Administrative Miscellaneous (034-054-9881-8360) 57) BRS Wages (034-054-9881-8066) 58) BRS Fringes (034-054-9881-8067) 59) BRS Travel (034-054-9881-8068) 60) BRS Communications (034-054-9881-8069) 61) BRS Supplies (034-054-9881-8070) 62) BRS VEC (034-054-9881-8405) 63) BRS Equipment (034-054-9881-8496) 64) BRS Insurance (034-054-9881-8056) 65) Training/FDETC I/R (034-054-9881-8500) 66) Training/FDETC OJT(034-054-9881-8501) 67) Supportive Services (034-054-9881-8461) 68) Administrative Wages 69) Administrative Fringes 70) Administrative Travel (034-054-9882-8350) (034-054-9882-8351) (034-054-9882-8352) $ 7,725.00 1,582.00 25.00 150.00 50.00 150.00 244.00 1,500.00 24,156.00 5,789.00 250.00 750.00 1,000.00 750.00 500.00 645.00 35,965.00 9,349.00 250.00 500.00 250.00 12,000.00 1,500.00 500.00 133,500.00 4,525.00 14,820.00 10,047.00 4,617.00 500.00 106 71) Administrative Communications 72) Administrative Supplies 73) Administrative Insurance 74) Administrative Equipment 75) Administrative Miscellaneous 76) BRS Wages 77) BRS Fringes 78) BRS Travel 79) BRS Communications 80) BRS Supplies 81) BRS Insurance 82) BRS VEC 83) BRS Equipment 84) BRS Miscellaneous (034-054-9882-8353) (034-054-9882-8355) (034-054-9882-8356) (034-054-9882-8359) (034-054-9882-8360) (034-054-9882-8066) (034-054-9882-8067) (034-054-9882-8068) (034-054-9882-8069) (034-054-9882-8070) (034-054-9882-8056) (034-054-9882-8405) (034-054-9882-8496) (034-054-9882-8060) 85) Supportive Services (034-054-9882-8461) 86) Training/FDETC I/R 87) Training/FDETC OJT 88) Profiling- Administrative Wages 89) Profiling- Administrative Fringes 90) Profiling - Contract Services 91) Profiling- Communications 92) Staff Wages 93) Staff Fringes 94) Participant Wages 95) Participant Fringes 96) Title II -A Revenue 97) Title II- C Revenue 98) Title III Revenue 99) Title III - 40% Revenue (034-054-9882-8500) (034-054-9882-8501) (034-054-9882-8540) (034-054-9882-8541) (034-054-9882-8542) (034-054-9882-8543) (034-054-9891-8050) (034-054-9891-8051) (034-054-9891-8030) (034-054-9891-8031 ) (034-034-1234-9861) (034-034-1234-9863) (034-034-1234-9881 ) (034-034-1234-9882) $ 750.00 500.00 750.00 500.00 644.00 36,559.00 8,390.00 1,000.00 I 000.00 1 250.00 1 000.00 9 500.00 3 500.00 2 802.00 16 000.00 162 513.00 6,000.00 25,435.00 6,083.00 300.00 360.00 63,900.00 15,975.00 38,000.00 9,965.00 334,736.O0 47,667.00 246,999.00 300,000.00 107 100) Opportunity Knocks Revenue (034-034-1234-9891) $127,840.00 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 4th day of August, 1997. No. 33534-080497. A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of August 4, 1997. WHEREAS, by report of August 4, 1997, 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 1998-2002 which represents an investment in the future of Roanoke and offers the City the opportunity to significantly improve its facilities and physical resources while strengthening the City's economic base; WHEREAS, this Capital Improvement Program will impose no extra burden on the taxpayer; 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 City of Roanoke for Fiscal Years 1998-2002 in the total amount of $270,980,797 as set out in the report of the City Manager and Director of Finance, dated August 4, 1997, and the attachments to such report. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 108 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33535-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A0_oro_oriations General Government $13,996,250.00 RES Industrial Access Project (1) .................. 710,607.00 Fund Balance Reserved Fund Balance - Unappropriated (2) ......... $ 1,739,839.00 1) Appropriated from General Revenue 2) Reserved Fund Balance - Unappropriated (008-002-9659-9003) (008-3325) $ 221,801.00 (221,801.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED David A. Bowers Mayor 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33536-080497. AN ORDINANCE accepting the bid of Haymes Brothers, Inc., for the construction of an Industrial Access Roadway, Project No. 6354, 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 that: 1. The bid of Haymes Brothers, Inc., made to the City in the total amount of $502,357.75 for the construction of an Industrial Access Roadway, Project No. 6354, as is more particularly set forth in the report to this Council dated August 4, 1997, 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 City Clerk, 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: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 110 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33537-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $14,756,255.00 Bridge Maintenance (1) ............................ 468,650.00 1) Appropriated from General Revenue (008-052-9549-9003) $150,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE couNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33538-080497. AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repair of the bridges at Bridge Street and at Dale 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. 111 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Lanford Brothers Company, Incorporated, made to the City in the total amount of $143,134.00 for repair of the bridges at Bridge Street and at Dale Avenue as is more particularly set forth in the report to this Council dated August 4, 1997, 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 City Clerk, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33539-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. 112 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AE~ro_~riations Capital Outlay Upgrade and Expansion - Water Pollution Control Plant (1-2) ............................. Renovation/Expansion - Water Pollution Control Plant (3-4) ............................. 94 STP Expansion Bonds (5) ....................... $ 37,055,150.00 18,062,532.00 2,592,805.00 2,944,249.00 Revenue Due from Other Governments (6-9) ................... $10,123,845.00 1) Appropriated from Other Governments 2) Appropriated from Bond Funds 3) Appropriated from Other Governments 4) Appropriated from Bond Funds 5) Appropriated from Bond Funds 6) Due from Botetourt County 7) Due from Roanoke County 8) Due from City of Salem 9) Due from Town of Vinton (003-056-8475-8999) (003-056-8475-9001 ) (003-056-8470-8999) (003-056-8470-9001) (003-056-8465-9001) (003-1073) (003-1072) (003-1071) (003-1074) $ 11,325,207.00 6,737,325.00 (2,283,775.00) (1,358,610.00) (5,378,715.00) 1,009,410.00 4,210,683.00 3,013,811.00 807,528.00 113 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 4th day of August, 1997. No. 33540-080497. AN ORDINANCE allowing the withdrawal of a bid by Pizzagalli Construction Company; accepting the bid of Danis Heavy Construction Company for the upgrade and expansion of the Water Pollution Control Plant, upon certain terms and conditions, and awarding a lump sum 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 request of Pizzagalli Construction Company to withdraw its bid for the upgrade and expansion of the Water Pollution Control Plant due to an unintentional arithmetic error or omission is hereby granted and the said bid is deemed withdrawn. 2. The bid of Danis Heavy Construction Company, in the total amount of $16,690,000.00, (which includes all items on the bid tabulation, including the amount to be assigned for the BAF System in items 5 and 6) for the upgrade and expansion of the Water Pollution Control Plant, as is more particularly set forth in the August 4, 1997, report 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 City Clerk, be and is hereby ACCEPTED, subject to the City receiving proper State approval for the Project. 114 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 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. However, the City Manager shall not sign the contract until the City has received proper State approval for the Project. 4. 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. 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: ary . arker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33541-080497. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersections of Colonial Avenue and McNeil Drive, S. W.; setting a certain limit on the consideration to be offered by the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersections of Colonial Avenue and McNeil Drive, S. W., the City wants and needs certain property rights as set forth in the report and attachments thereto to this Council dated August 4, 1997, on file in the Office of the 115 City Clerk. The proper City officials are authorized to acquire the necessary property rights for the City from the respective owner 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 rights and immediate acquisition by purchase 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 total consideration offered or expended and any and all necessary closing costs, including title search fees, attorney fees, and recordation costs, shall not exceed $2,000.00 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 owner of the interest conveyed, certified by the City Attorney to be entitled to the same. 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 116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33542-081897. AN ORDINANCE authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, 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, an extension of the lease agreement for the premises in the Market Square Parking Garage building at 19 Campbell Avenue, such lease extension to be for a period of five years from September 1, 1997 to August 31, 2002, at a base monthly rent of $779.45, with an annual adjustment based upon the Consumer Price Index, plus a percentage of sales, as more particularly set forth in the report to this Council dated August 4, 1997, and upon such other terms and conditions as are deemed by the City Manager to be in the City's best interest. Ma~F~. arker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33543-081897. A RESOLUTION approving the language of a proposed new §4.1 of the Roanoke Charter of 1952 providing for the election of members of City Council under a modified election district system; approving a map establishing the boundaries of five proposed election districts for the election of members of City Council; directing and providing for the holding of an election in the City to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new §4.1; directing the City Attorney to take any and all required action to implement the election requested by this Council; and providing for an effective date. 117 WHEREAS, by motion made at the City Council meeting of April 22, 1996, City Council created the Modified Election District Task Force ("Task Force"), and the Task Force was given the charge not of recommending whether the City should have a modified election district plan ("plan"), but of devising the best plan for the City; WHEREAS, the Task Force, which was composed of neighborhood representatives, placed considerable emphasis on public participation and held eleven public work sessions in eleven different neighborhoods of the City; WHEREAS, the Task Force rendered its final report to City Council on June 16, 1997; WHEREAS. this City Council held public work sessions as to the report of and plan recommended by the Task Force on July 15, July 29 and August 12, 1997; WHEREAS, on July 28, 1997, at 7:00 p.m., this Council held a public hearing at the Roanoke Civic Center at which all members of the public were accorded an opportunity to comment with respect to the report of the Task Force and the proposed plan; WHEREAS, prior to commencing its deliberations, on July 15, 1997, this Council adopted Resolution No. 33496-071597 establishing guidelines to be adhered to by City Council in reviewing and approving a plan for the election of members of City Council and in the drawing of election districts for this Council; WHEREAS, this Council has approved a plan and map recommended by the Task Force, each with amendments, and the Council desires to request a referendum on Tuesday, November 4, 1997, to determine whether the qualified voters of the City desire the City Council to request the General Assembly to amend the Roanoke Charter of 1952, as amended, to incorporate the plan as approved by Council; and WHEREAS, §15.1-834, Code of Virginia (1950), as amended ("State Code"), authorizes this Council to provide for the holding of an election to be conducted as provided for in §24.2-684 (formerly §24.1-165) of the State Code to determine if the qualified voters of the City desire that it request the General Assembly to amend the Roanoke Charter of 1952 to incorporate the proposed plan; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 118 1. City Council hereby approves proposed new §4.1 to replace current §4 of the Roanoke Charter of 1952, a copy of which is on file in the Office of City Clerk and which is attached to and incorporated in the report of the City Attorney, dated August 18, 1997, as Exhibit 1, as the proposed Charter amendment to be the subject of a referendum pursuant to §15.1-834 of the State Code. 2. City Council hereby approves a map establishing the boundaries of five election districts for the City of Roanoke, entitled "City of Roanoke, Amended Five Districts", a copy of which is on file in the Office of City Clerk, such map having previously been approved by motion adopted at the Special Meeting of Council held on July 29, 1997. 3. Pursuant to §15.1-834 of the State Code, an election shall be held in the City on November 4, 1997, to determine whether the qualified voters of the City will approve the proposed new ~4.1 of the Roanoke Charter of 1952 and the repeal of current §4 of the Roanoke Charter of 1952, as amended. 4. Such election shall be conducted and the results ascertained and certified in the manner prescribed by law for the conduct of special elections. 5. Pursuant to §15.1-834 of the State Code, the City Clerk is hereby directed to give public notice of such election, setting forth the time and place thereof, by publishing a notice including the text or an informative summary of the proposed Charter amendment in a newspaper of general circulation published in the City at least ten days prior to the date of such election. 6. The Electoral Board of the City shall forthwith cause proper ballots to be prepared for use at such election, and such ballots shall, pursuant to §24.2-684 of the State Code, state the question as follows: Shall the Roanoke City Charter of amended, be amended effective January provide for a seven member City Council of a Mayor and Vice-Mayor separately 1952, as 1, 2000, to consisting elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district established by Council with one Council member from each district? [] YES [] NO __ 119 7. The City Clerk is hereby authorized to execute a petition on behalf of City Council praying that the Circuit Court for the City of Roanoke order that a referendum be held, pursuant to §24.1-684 of the State Code, with respect to the modified election district plan approved by this Council and to execute and/or attest any petitions, motions, pleadings, applications, certificates and legal papers as shall be necessary to permit the foregoing question to be placed on the ballot at referendum to be held on November 4, 1997. 8. The City Attorney shall be authorized to file, for and on behalf of the City, any petitions, motions, pleadings, applications, certificates and other legal papers with Federal and State Courts and administrative agencies as are deemed necessary and proper by him to permit the foregoing question to be considered at referendum on November 4, 1997. 9. This resolution 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 18th day of August, 1997. No. 33544-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 120 Appropriations Judicial Administration $ Regional Drug Prosecutor FY98 (1-10) ............. 644,480.00 83,411.00 Revenue Judicial Administration Regional Drug Prosecutor FY98 (11) .............. 644,480.00 83,411.00 1) Regular Employee Salaries 2) ICMA RC Retirement 3) FICA 4) Telephone 5) Administrative Supplies 6) Publications and Subscriptions 7) Dues and Memberships 8) Printing 9) Postage 10) Other Rental 11) Compensation Board Funds (035-026-5130-1002) (035-026-5130-1115) (035-026-5130-1120) (035-026-5130-2020) (035-026-5130-2030) (035-026-6130-2040) (035-026-5130-2042) (035-026-$130-2075) (035-026-5130-2160) (035-026-5130-3075) (035-036-1234-7259) $ 65,119.00 2,131.00 4,869.00 660.00 3,748.00 250.00 265.00 100.00 104.00 6,175.00 83,411.00 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 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33545-081897. 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 $83,411.00 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 1997, through June 30, 1998. 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. 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33546-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. 122 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Judicial Administration Forfeited Criminal Assets (1-6) ..................... $ 657,OO4.OO 70,015.00 Revenue Judicial Administration $ 657,004.00 Forfeited Criminal Assets (7) ....................... 70,015.00 1) Administrative Supplies (035-026-5140-2030) $ 3,524.00 2) Expendable Equipment <1,000 (035-026-5140-2035) 1,500.00 3) Training and Development (035-026-5140-2044) 1,500.00 4) Other Rental (035-026-5140-3075) 2,000.00 5) ClS-PC Rent/ Maintenance (035-026-5140-7007) 2,000.00 6) Furniture and Equipment >1,000 (035-026-5140-9005) 2,000.00 7) Forfeited Criminal Assets (035-035-1234-7107) 12,524.00 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 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33547-081897. A Resolution of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $80,000,000 aggregate principal amount of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 1997A and Series 1997B, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates health care facilities located in the City of Roanoke, Virginia; and WHEREAS, Giles Memorial Hospital, Incorporated ("GMH") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, The Radford Community Hospital, Incorporated ("RCH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which will own and operate a health care facility located in Montgomery County, Virginia; and WHEREAS, Bedford County Memorial Hospital, Incorporated ("BCMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and 124 WHEREAS, Franklin Memorial Hospital ("FMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted June 27, 1997 (the "Roanoke Authority Inducement Resolution")evidenced its desire to issue two series of its revenue bonds for the following purposes: (I) (a) financing for CMC in the approximate amount of $20,000,000 a portion of the costs of (i) (A) renovating certain portions of Carilion Roanoke Memorial Hospital, an approximately 1,054,155 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Carilion Roanoke Memorial Hospital (the "Carilion Roanoke Memorial Hospital Project") and (ii) (A) renovating certain portions of Carilion Roanoke Community Hospital, an approximately 412,921 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Carilion Roanoke Community Hospital (the ,Carilion Roanoke Community Hospital Project"), (b) financing for GMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Giles Memorial Hospital, and approximately 75,668 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carilion Giles Memorial Hospital (the "Carilion Giles Memorial Hospital Project"), (c) financing for BCMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Bedford Memorial Hospital, an approximately 117,546 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carilion Bedford Memorial Hospital (the "Carilion Bedford Memorial Hospital Project"), (d) financing for RCH in the approximate amount of $54,000,000 a portion of the costs of design, planning, site preparation, construction and equipment acquisition relating to the building and equipping of an approximately 238,370 square foot, two-to five-story replacement hospital facility containing 97 beds and related parking and other ancillary facilities to be located in Montgomery County, Virginia (the "RCH Project"), and (e) financing for FMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Franklin Memorial Hospital, an approximately 61,270 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carilion Franklin Memorial Hospital (the "Carilion Franklin Memorial Hospital Project") (the Carilion Roanoke Memorial Hospital Project, the Carilion Roanoke Community Hospital Project, the Carilion Giles Memorial Hospital Project, the Carilion Bedford Memorial Hospital Project, the RCH Project and the Carilion Franklin Memorial Hospital Project are hereinafter collectively referred to as the "Project"); (11) paying a portion of the interest accruing on such revenue bonds during the acquisition, construction, renovation and equipping of the Project; and (111) paying certain expenses incurred in connection with the issuance of such revenue bonds, including certain fees of the provider of a liquidity facility for each series of such revenue bonds; and WHEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital and the location of the Carilion Roanoke Memorial Hospital Project is Jefferson Street and Belleview Avenue, S. E., Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital and the location of the Carilion Roanoke Community Hospital Project is 101 Elm Avenue, S. E., Roanoke, Virginia; BCMH owns and operates Carilion Bedford Memorial Hospital and the location of the Carilion Bedford Memorial Hospital Project is 1613 Oakwood Street, Bedford, Virginia; GHM owns and operates Carilion Giles Memorial Hospital and the location of the Carilion Giles Memorial Hospital Project is 1 Taylor Avenue, Pearisburg, Virginia; and FMH owns and operates Carilion Franklin Memorial Hospital and the location of the Carilion Franklin Memorial Hospital Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia. The RCH Project will be owned and operated by RCH and the anticipated location of the RCH Project is 2900 Tyler Road (the Intersection of Route 177 and Interstate 81) in Montgomery County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted July 30, 1997 (the "Roanoke Authority Resolution") authorized the issuance of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 1997A and Series 1997B (the "Bonds") in an aggregate principal amount not to exceed $80,000,000 for the purpose of (i) financing a portion of the costs of the Project, (ii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project and (iii) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke City Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the financing of the Project and the issuance of the Bonds; and WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $80,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the City of Roanoke and 126 the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by improving the hospital facilities of CMC, BCMH, RCH, GMH and FMH, respectively; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: SECTION.1. The Roanoke City Council hereby authorizes the issuance by the Roanoke Authority of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carillon Health System Obligated Group), Series 1997A and Series 1997B in an aggregate principal amount not to exceed $80,000,000 (the "Bonds") for the purpose of (i) financing a portion of the costs of the Project, (ii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project and (iii) paving certain expenses incurred in connection with the authorization and issuance of the Bonds. SECTION 2. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk to the Roanoke City Council are hereby authorized and directed, on behalf of the City, to take any and all action necessary, including the execution of any documents, to consummate the sale of the Bonds in conformity with the provisions of this resolution. SECTION 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness of CMC, BCMH, RCH, GMH or FMH, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal or purchase price of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. SECTION 4. This Resolution shall take effect immediately upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 127 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33548-081897. A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the renovation and sale of a vacant house located at 1011 Fairfax Avenue, N. W., 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, a grant agreement with Northwest Neighborhood Environmental Organization (NNEO), which agreement shall provide for the use of HOME funds in the amount of $37,000.00 to be used in the renovation and sale of a vacant house located at 1011 Fairfax Avenue, N. W., and amendments thereto, if necessary, within the limits of funds and for the purposes set forth in the City Manager's report to this Council dated August 18, 1997. The form of the grant agreement shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33549-081897. A RESOLUTION authorizing the City Manager to officially name and rename certain public and private streets within the City. WHEREAS, pursuant to Section 30-34 of the Code of the City of Roanoke (1979), as amended, the City Manager is authorized to review and recommend to City Council the naming and renaming of existing streets, both public and private; and 128 WHEREAS, construction and realignment of a major street thoroughfare in the City has resulted in the need to name and rename certain public and private streets; and WHEREAS, the Office of Planning and Community Development has received written requests from property owners requesting the naming and renaming of certain streets; and WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The newly constructed public street thoroughfare, which extends from Salem Avenue, S. W., in the downtown area, to an intersection with Gainsboro Road and Harrison Avenue, N. W., is hereby designated and named Gainsboro Road. 2. The non-connecting section which was severed and isolated from the main alignment with Gainsboro Road is hereby designated and renamed as Old Gainsboro Road, N. W. 3. The existing public street known as Shadblow Lane, S. W., is hereby designated and renamed Willow Oak Circle, S. W. 4. That section of the unnamed private street that currently extends through the property of Roanoke Catholic School is hereby designated and named Celtic Way, N. W. 5. The City Engineer is hereby directed to cause the above street names to be appropriately noted on all maps and plats lodged in his care and to cause the placement of appropriate street name signs on said streets. 6. The City Clerk is hereby directed to transmit attested copies of this resolution to the Postmaster and relevant departments in order to be apprised of the aforesaid street name changes. Mary F. Parker City Clerk APPROVED Mayor 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33550-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_~riations Other Infrastructure $ 7,658,362.00 Replace Fire and Temperature Control - Civic Center (1) ................................ 75,000.00 Capital Improvement Reserve $18,833,512.00 Public Improvement Bonds - Series 1996 (2) ......... 15,992,018.00 1) Appropriated from Bond Funds 2) Buildings (008-056-9655-9001) (008-052-9701-9183) $15,000.00 (15,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33551-081897. A RESOLUTION authorizing the City Manager to undertake certain corrective measures for the realignment and reconstruction of Tomi Lane, S. E., and certain connecting alleyways, upon certain terms and conditions. WHEREAS, the construction of the Riverdale bridge and related realignment and reconstruction of 13th Street, S. E., resulted in the closure and/or relocation of certain adjacent street intersections; WHEREAS, the elevation of 13th Street, S. E., was raised to align with the elevation of the new Riverdale bridge; WHEREAS, public access from 13th Street, S. E., to a certain section of Tomi Lane, S. E. (formerly Tompkins Avenue), was closed off and eliminated as a result of this change in street elevation and location; WHEREAS, a certain section of Tomi Lane, S. E., was left with a connecting public alley system as its only means of access to the adjacent public street system at 14th Street, S. E.; WHEREAS, in addition to three existing residential dwellings located on this section of Tomi Lane, S. E., three additional single family dwellings have been constructed with their addresses being located on 13 1/2 Street, S. E., an undeveloped (paper) street; and WHEREAS, the currently assigned street address on the undeveloped (paper) street could result in unnecessary confusion and delay in regard to life saving, fire protection, or other vital emergency services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council authorizes the City Manager to undertake the corrective measures for the realignment and reconstruction of Tomi Lane, S. E., and certain connecting alleyways, as more specifically set out in the City Manager's report dated August 18, 1997, end its attachments. ATTEST: ~. P~l~~,APPROVED City Clerk ................ Mayor 131 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33553-081897. A RESOLUTION authorizing the execution of an amendment to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional services in connection with the alterations and additions at the Roanoke Juvenile Detention Home. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment Number 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated June 18, 1993, in order to provide for additional services related to the alterations and additions at the Roanoke Juvenile Detention Home as set forth in the report to this Council dated August 18, 1997. 2. The cost of these additional services shall be $138,010.00, which will increase the contract amount from $271,990.00 to $410.000.00. ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33554-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management 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. 132 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Fleet Management and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Fleet Management Fund ADDroDriations Capital Outlay from Revenue (1) ..................... $ 3,883,094.00 Revenue Nonoperating $ Transfers from Other Funds (2) ..................... 125,068.00 95,068.00 General Fund Appropriations Nondepartmental Transfers to Other Funds $ 56,248,695.00 (3) ....................... 55,451,104.00 Fund Balance Reserved for CMERP - City (4) ...................... $ 5,357,647.00 1) Vehicular Equipment 2) Transfer from General Fund 3) Transfer to Fleet Management Fund 4) Reserved for CMERP - City (017-052-2642-9010) (017-020-1234-0951) (001-004-9310-9506) (001-3323) $ 95,068.00 95,068.00 95,068.00 (95,068.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. PO~arker APPROVED City Clerk ................ Mayor 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33555-081897. A RESOLUTION authorizing the City Manager to execute an employment agreement 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 the 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. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33556-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 134 Grant Fund A_o_oropriations Health and Welfare $ 3,803,172.00 Youth Services Grant 97-98 (1-3) .................. 66,788.00 Revenue Health and Welfare $ 3,803,172.00 Youth Services Grant 97-98 (4-5) .................. 66,788.00 General Fund Appropriations Nondepartmental Contingency -General Fund (6) .................. Transfers to Other Fund (7) ...................... $ 56,153,627.00 ( 467,066.00) 55,360,678.00 1) Regular Employee Salaries 2) Training and Development 3) Special Projects 4) State Grant Revenue 5) Local Match 6) Contingency 7) Transfer to Grant Fund (035-054-8835-1002) $ (035-054-8835-2044) (035-054-8835-2034) (035-035-1234-7260) (035-035-1234-7261) (001-002-9410-2199) (001-004-9310-9535) 51,261.00 2,400.00 13,127.00 32,518.00 34,270.00 (4,642.00) 4,642.00 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 135 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33557-081897. 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 $32,518.00, to continue coordinated planning and program implementation of the Office on Youth, as set forth in the City Manager's report dated August 18, 1997, 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. ATTEST: Ma~ F. P~ar e/ City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33558-081897. A RESOLUTION memorializing the late William W. Field, Jr. WHEREAS, the members of this Council have learned, with sorrow, of the passing on August 2, 1997, of William W. Field, Jr., a distinguished educator and community leader. 136 WHEREAS, Mr. Field was an educator for more than thirty years, nineteen of which were spent in the Roanoke City School Division where he served as teacher, track coach, guidance counselor, Assistant Principal at Woodrow Wilson Junior High School and Jefferson High School, and Principal at James Monroe Junior High School and Woodrow Wilson Junior High School; WHEREAS, Mr. Field also taught graduate courses for the University of Virginia, Roanoke Center, ans was retired from First Union Corporation; WHEREAS, Mr. Field had served as President of the Roanoke Education Association and as a Member of the Board of Directors of Planned Parenthood and Big Brothers - Big Sisters, and he was a Vestry Member at St. John's Episcopal Church; WHEREAS, Mr. Field had a gift for working with people and was much loved by students and parents of the Roanoke City School Division where he was known for the innovative disciplinary methods he developed; WHEREAS, Mr. Field was also an accomplished pianist who gave freely of his time and talent; 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 City Council adopts this means of recording its deepest regrets at the passing of William W. Field, Jr., former educator and community leader, and extends to his daughters, Martha Field Parrott of Roanoke and Susanna Field Bingley of Blacksburg, the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward attested copies of this resolution to Mrs. Parrott and Mrs. Bingley. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 137 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33559-081897. AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, 1606 Brandon Avenue, S. W.; providing for an emergency and an expiration date for this ordinance. WHEREAS, Woodrow Wilson Middle School will be under renovation during the 1997-1998 school year, and such renovation will make unavailable the normal polling place for Raleigh Court No. 2 Precinct; WHEREAS, the Electoral Board has recommended the establishment of a temporary polling place for Raleigh Court No. 2 Precinct at Roanoke Church of Christ, 2.606 Brandon Avenue, S. W., Roanoke, Virginia 24018, and such temporary polling place is within the boundaries of Raleigh Court No. 2 Precinct as authorized by §24.2-310, Code of Virginia (1950), as amended; and WHEREAS, the temporary change of polling place for Raleigh Court No. 2 Precinct was duly advertised in a newspaper having general circulation once a week for two consecutive weeks pursuant to §24.2-306, Code of Virginia (1950), as amended, and a public hearing with respect to such proposed temporary relocation was held on August 18, 1997; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding §10-60, Code of the City of Roanoke (1979), as amended, the polling place for Raleigh Court No. 2 Precinct shall be relocated from Woodrow Wilson Middle School to Roanoke Church of Christ, 2606 Brandon Avenue, S. W., in this City, for the 1997-1998 school year only. 2. Such temporarily relocated polling place shall be applicable for the November 4, 1997, and May 5, 1998, general elections and any primary or special elections required during the 1997-1998 school year only. 3. 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 Raleigh Court No. 2 Precinct 138 as required by §24.2-306, Code of Virginia (1950), as amended, and to the Secretary of the Roanoke City Electoral Board, the State Board of Elections and the Division of Legislative Services. 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 and shall expire by its own terms on the last day of the 1997-1998 Roanoke City Public School Year. Upon the expiration of this ordinance, the polling place for Raleigh Court No. 2 Precinct shall be returned to Woodrow Wilson Middle School without further action of this Council. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33552-090297. AN ORDINANCE repealing Chapter 7, Buildincj Re~lulations, of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7. Buildin~j Recjulations, to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 7, Buildinq Re_~ulations, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, by the enactment of new Chapter 7, Buildinp Re_~ulations, to read and provide as follows: 139 Chapter 7. BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 7-1. Penalty for violations of chapter. Unless otherwise specifically provided, any person who shall violate any provision of this chapter or any provision of the building code adopted by section 7-5, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure or do any other work in and about a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of such code, shall be guilty of a misdemeanor and punishable in accordance with the terms of section 36-106 of the Code of Virginia (1950), as amended. Sec. 7-2. Recovery of costs when city demolishes or removes unsafe buildincj. Any expense or cost incurred by this city in tearing down and destroying any unsafe building or structure, or part thereof, and in the removal, if necessary, of the materials from the land, shall be charged to the person owning or in possession, charge or control of such building or structure, or part thereof, and the city manager shall recover, or cause to be recovered, for the city, from such owner or person in possession, charge or control, the cost to the city of doing such work or causing such work to be done. Such cost shall be and remain a lien on the land upon which such building or structure is located until the same is paid. Such cost may be collected as taxes and levies are collected. 140 Sec. 7-3. Building commissioner appointed enforcing official. The city's building commissioner is hereby appointed as the enforcing official of the building code. Sec. 7-4. Electrical inspector's right of entry; authority to disconnect current in emergencies; maximum length of service entrance conductor. (a) The electrical inspector shall have the right, during reasonable hours, to enter any building in the discharge of his official duties, or for the purpose of making any inspection or list of the installation of electric wiring or electric devices and of electric material therein, and shall have the authority to cause the turning off of all electrical current and cut out or disconnect, in cases of emergency, any wire where such electrical current is dangerous to life or property or may interfere with the work of the fire department. (b) The maximum length of a service entrance conductor inside of a building shall be limited to six feet (6') without a disconnect. ARTICLE II. BUILDING CODE Sec. 7-5. Ado_oted: where copies filed. The provisions, requirements and regulations contained in the Uniform Statewide Building Code of Virginia (1996), and each of the component parts, including, but not limited to, the BOCA National Building Code (1996), the BOCA National Property Maintenance Code (1996), the International Plumbing Code (1995)with 1996 supplement, the International Mechanical Code (1996), the BOCA National Fire Prevention Code (1996), the Council of American 141 Building Officials One and Two-Family Dwelling Code (1995), and the CABO Model Energy Code (1995), as the same may from time to time hereafter be amended by the State Board of Housing and Community Development, are hereby adopted by the city and are incorporated herein by reference as if set out at length herein, and the same shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. Sec. 7-6. Permit and inspection fees. (a) The fees for permits, inspections and reinspections required by the building code shall be in such amounts as are prescribed, from time to time, by the city council and published in the city's fee compendium. With the exception of fees owed for reinspection of elevators, such fees shall be paid (i) in full prior to the issuance of the permit or the making of the inspection or reinspection, or (ii) pursuant to the deferred payment program set forth in section 2- 178.2 of this code. A schedule of fees shall be made available to the public upon request. (b) Invoices for fees for reinspection of elevators shall be mailed to the elevator owner at the last address of record and shall be due in the office of the city treasurer and payable thirty (30) days after the invoice date. Interest at the rate established by section 2-178.1 of this code shall be assessed on all overdue accounts, and no elevator shall be reinspected while any amount of a prior inspection fee and interest for such elevator remains unpaid. 142 (c) The preceding subsections notwithstanding, no fee for the inspection or reinspection of an elevator in a building owned by the city shall be due and payable, and no permit fee for maintenance and minor remodeling performed by city employees on city property shall be due or payable. Sec. 7-7. Building code board of appeals created; com_~osition. Pursuant to the building code, there is hereby created a building code board of appeals, which shall consist of five (5) members and two (2) alternates who shall be appointed by city council. The building code board of appeals shall have jurisdiction to consider appeals pursuant to the building code, except those appeals pursuant to any portion of that component of the building code known as the BOCA National Property Maintenance Code, as the same is amended from time to time by the State Board of Housing and Community Development. Sec. 7-8. Property maintenance code board of a00eals created: composition. Pursuant to the building code, there is hereby created a property maintenance code board of appeals, which shall consist of five (5) members and two (2) alternates who shall be appointed by the city council. The property maintenance code board of appeals shall have jurisdiction to consider appeals pursuant to any portion of that component of the building code known as the BOCA National Property Maintenance Code, as the same is amended from time to time by the State Board of Housing and Community Development. ARTICLE III. RENTAL CERTIFICATE OF COMPLIANCE 143 Sec. 7-34. Purpose and intent. The city council finds that certain residential rental housing, when not the subject of either regular inspections, or inspections upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The city council further finds that certain residential housing areas within the city, designated as conservation and rehabilitation districts, are in need of a housing inspection program to prevent property deterioration and neighborhood blight, and to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings. Sec. 7-35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Property Maintenance Code means that portion of the building code entitled the BOCA National Property Maintenance Code as referred to and adopted by reference in section 7-5 of this code, and any amendments to the BOCA National Property Maintenance Code, or subsequent editions. Tenant means any person who is not an owner of the dwelling or dwelling unit which he occupies. The word "tenant" shall not include any person who occupies the same dwelling unit with any owner of such dwelling unit, or any person related by blood or marriage to the owner and occupying the same dwelling with such owner. 144 Sec. 7-36. Applicability. The provisions of this article shall apply to all dwelling units not occupied by any owner and all dwellings, exclusive of a dwelling unit occupied by any owner, which are located in the areas heretofore or hereafter designated by the city council as conservation or rehabilitation districts. A map showing the city's conservation and rehabilitation districts for purposes of this article shall be available for public inspection in the Housing Development Office for the City of Roanoke. Sec. 7-37. Ins_oection and certificate of compliance required. (a) After July 1, 1996, no owner or managing agent of any dwelling or dwelling unit located in a conservation or rehabilitation district identified in section 7-36 of this article shall permit a change in occupancy of any such dwelling or dwelling unit, or permit a new tenant or tenants to occupy a dwelling or dwelling unit which is vacant on the date the requirements of this subparagraph apply to such a dwelling or dwelling unit, unless the dwelling or dwelling unit shall be the subject of a valid certificate of compliance, a temporary waiver of compliance certificate, or a certificate of exemption. The requirements of this subparagraph shall not apply to any dwelling or dwelling unit, until the city manager has published notice in a newspaper having general circulation in the city, at least thirty (30) days in advance, of the initiation of the Rental Certificate of Compliance Program within the particular conservation or rehabilitation district, or a portion thereof, in which the dwelling or dwelling unit is located, and until an inspection of the dwelling or dwelling unit pursuant to this article has been scheduled. 145 (b) Compliance with the terms of this article shall be evidenced by a certificate of compliance issued by the city manager. Except as otherwise noted in this article, a certificate of compliance shall be valid for two (2) years from the date of issuance, or until any tenant occupying a dwelling or dwelling unit on the date of the expiration of such two-year period vacates such dwelling or dwelling unit. (c) The consent of any owner, managing agent or tenant, shall be required before any inspection pursuant to subsection (a) of this section is performed, unless the inspection is conducted pursuant to other lawful means. (d) In no event shall the issuance of a certificate of compliance serve to exempt the owner, managing agent or tenant of the property from compliance with all applicable statutes, laws, ordinances and regulations pertaining to housing. Sec. 7-38. Exemptions. (a) A certificate of compliance shall be issued, and no inspection shall be required within three (3) years of the issuance of a certificate of occupancy, for a new dwelling or dwelling unit constructed under the provisions of the building code in effect at the time of the construction. (b) A certificate of compliance shall be issued, and no inspection shall be required within three (3) years of the date of issuance, upon the building commissioner's written determination that a dwelling or dwelling unit which has been the subject of a building permit for substantial rehabilitation or repair, which rehabilitation or repair meets the requirements of the building code and the extent of the rehabilitation or repair renders the entire dwelling or dwelling unit equivalent to new construction with respect to the general public health, safety and welfare. 146 Sec. 7-39. Certificate of exemption. (a) The city manager may issue a certificate of exemption for any dwelling unit in a multiple-family rental complex ("rental complex") strictly meeting each of the following criteria: (1) No less than ten (10) of the dwelling units within the rental complex have been randomly selected, inspected and approved under the terms of this article; and (2) At the time of the inspections, no violations of the code exist within the dwelling units or dwellings so inspected. (b) A certificate of exemption shall be valid for a period of two (2) years from the date of issuance. (c) If the city manager determines during any two-year exemption period that one (1) or more substantial violations of applicable building regulations in effect existed at the time of the inspection pertaining to the condition of any dwelling or dwelling unit contained in the rental complex, the city manager may revoke the certificate of exemption. Prior to any such revocation, the city manager shall send by first class mail written notice to the owner or managing agent, specifying the nature of the violations found and the date upon which the revocation of the certificate of exemption will take effect. Proof of mailing to the last known address of the owner or managing agent of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received. (d) The issuance of a certificate of exemption shall exempt the owner or managing agent from the requirements of inspections within this article. In no event does the issuance of a certificate of exemption 147 serve to exempt the owner, managing agent or tenant from compliance with all applicable statutes, laws, and ordinances, including the property maintenance code. Sec. 7-40. Issuance of certificate of com_~liance. (a) The city manager shall issue a certificate of compliance if, upon inspection, the dwelling or dwelling unit complies with the property maintenance code. The owner or managing agent will be entitled to receive a certificate of compliance immediately upon the city manager's determination that a dwelling or dwelling unit complies with the property maintenance code. (b) If the dwelling or dwelling unit fails to comply with any one (1) or more of all applicable building regulations set forth in the property maintenance code, the city manager shall furnish the owner, managing agent or tenant with a written list of specific violations and the time frame within which to correct said violations. Failure to list any violation shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner, managing agent or tenant shall request a reinspection of the dwelling or dwelling unit. Sec. 7-41. Temporary waiver of compliance. (a) A temporary waiver of compliance certificate may be issued for any dwelling or dwelling unit which is inspected pursuant to this article and fails to comply with regulations set forth in the property maintenance code. Such temporary waiver of compliance certificate may be issued only upon a determination by the city manager that: (1) The work necessary to bring the dwelling or dwelling unit into compliance with the property maintenance code, can be 148 reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling or dwelling unit uninhabitable; and (2) The dwelling or dwelling unit can be brought into compliance with all applicable building code requirements within the period of time for which the temporary waiver of compliance certificate is issued not to exceed six (6) months. (b) A temporary waiver of compliance certificate shall authorize the occupancy of the dwelling or dwelling unit for such period of time as is reasonably necessary to remedy or correct all defects or violations by reason of which the certificate of compliance was refused. Every temporary waiver of compliance certificate shall set forth the period of time for which temporary occupancy is authorized, such period of time not to exceed six (6) months. The failure of the owner, managing agent or tenant to complete all corrections within the specified period of time shall constitute a violation of this article. Sec. 7-42. Dis_~lay of proof of compliance. (a) Any sticker issued in connection with, and evidencing the issuance of, any certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, may be adhered to the dwelling or dwelling unit to which it applies. No such sticker may be adhered to any dwelling or dwelling unit for which the sticker was not intended, or issued, and the use of such a sticker shall not be mandatory. 149 (b) No sticker referenced in subsection (a) of this section may be displayed upon the receipt of the city manager's notice of revocation of a certificate of exemption, and no sticker relating to a certificate of compliance or temporary waiver of compliance certificate which has expired shall be displayed. Sec. 7-43. Alteration of proof of compliance. No person may deface or alter a certificate of compliance, temporary waiver of compliance certificate, certificate of exemption, or sticker issued in connection therewith, in whole or in part, without the written permission of the city manager. Sec. 7-44. Fees. The fees for inspections shall be as set forth in the fee compendium as amended from time to time by the city council. Sec. 7-45. Appeals. (a) Any person aggrieved by any determination or decision of the city manager made pursuant to this article shall have the right to appeal such determination or decision within twenty-one (21) calendar days of such determination to the building commissioner for the city. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be delivered to the building commissioner for the city prior to the expiration of the twenty-one (21) calendar day period. The building commissioner, or his designee, shall meet with the person aggrieved by the determination or decision of the city manager within five (5) business days of receipt of such notice of appeal to consider the appeal, unless the owner or his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the 150 building commissioner invite to the meeting persons deemed helpful in resolving the dispute. The building commissioner shall render his decision within five (5) business days after such meeting. (b) Any person aggrieved by any determination or decision of the building commissioner made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the property maintenance code. (c) Nothing in this article shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law. (d) Nothing in this article shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards and regulations pertaining to the condition of buildings and other structures. (e) Nothing in this article shall be construed to limit the authority of the city manager to perform housing inspections in accordance with applicable law. Sec. 7-46. Alternative remedies. In addition to any penalty imposed for a violation of this chapter, any such violation may be corrected, removed or abated through court order or an appropriate suit in equity. Sec. 7-47. Regulations. The city manager is authorized to promulgate regulations not inconsistent with the terms of this article. 151 3. This ordinance shall be in full force and effect on and after September 1, 1997. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33560-090297. 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 Virginia Museum of Transportation, Inc., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; 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 August 18, 1997, 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 152 WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street, S. W., and Norfolk Avenue, S. W., and running in an easterly direction to Second Street, S. W., and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206, 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 public utility, 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. 153 BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to 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 FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of 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 Virginia Museum of Transportation, Inc., and the names of any other parties in interest who may so request, as Grantees. APPROVED /~k.4~ATTEST: ~, Mary F. Parker David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33561-090297. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. WHEREAS, H. P. Properties, Owner and Coots Ward Management Company, Contract Purchaser, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S. W. (formerly known as 1910 McVitty Road, S. W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, which property was previously conditionally rezoned by the adoption of Ordinance No. 32657-092595, adopted September 25, 1995; and 154 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 August 18, 1997, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon that certain tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, being a portion of a larger tract of land located at 1930 Electric Road, S. W. (formerly known as 1910 McVitty Road, S. W.), and designated as Official Tax No. 5100809, now a portion of Official Tax No. 5090209, and filed as Exhibit A with the First Amended Petition filed August 1, 1997, 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 Nos. 510 and 509 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition filed in the City Clerk's Office on August 1, 1997, and as set forth in the report of the Planning Commission dated August 18, 1997. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33562-090297. AN ORDINANCE authorizing the alteration and closing by barricade of certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the City Manager filed an Application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, public hearing was held on said application by the City Council on August 18, 1997, 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 closure by barricade of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade said public righte-of-way, and that such alteration will promote the safety and welfare of those using the subject public rights-of-way and the rights-of-way in the vicinity of the rights-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Ferdinand Avenue, S. W., between Mountain Avenue, S. W., and Elm Avenue, S. W.; and a section of 8th Street, S. W., between Elm Avenue, S. W., and Day Avenue, S. W., 156 be, and hereby are, altered and closed by way of a barricade, as described in said Application. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on said rights-of-way on all maps and plats on file in his office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that said Clerk may make proper notations, if any, of the alteration and closing by barricade as described above on all maps and plats recorded in that office on which Ferdinand Avenue, S. W., and 8th Street, S. W., appear. APPROVED ATTEST: City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33563-090297. AN ORDINANCE temporarily changing the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. WHEREAS, Fire Station No. 4, the polling place for the Lee-Hi Precinct, is located on Aerial Way Drive, S. W., and the Peters Creek Road Extension Highway Project has rendered access to this polling place extremely inconvenient and made the parking lot for voters inaccessible; WHEREAS, the inaccessibility of this polling place and its lack of parking will continue through November 4, 1997, the date of general and special elections, and such conditions are predicted to exist through May 5, 1998, also a general election date; 157 WHEREAS, by Resolution adopted July 21, 1997, the Roanoke City Electoral Board has recommended the establishment of a temporary polling place for Lee-Hi Precinct at Covenant Presbyterian Church, 1831 Deyerle Road, S. W., and such temporary polling place is located within the boundaries of the Lee-Hi Precinct as required by §24.2-310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board shall give notice of such emergency relocation of polling place to the State Board of Elections and obtain approval of such change from the Board pursuant to §24.2-310.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this temporary change in polling place by mail to all registered voters in the Lee-Hi Precinct at least fifteen (15) days prior to the November 4, 1997, general election, pursuant to §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. Notwithstanding §10-78, Code of the City of Roanoke (1979), as amended, the polling place for Lee-Hi Precinct shall be relocated from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S. W., in this City, for the November 4, 1997, and May 5, 1998, general elections, for any special elections conducted in connection with the aforesaid general elections, and for any special or primary elections conducted between November 4, 1997, and May 5, 1998. 2. Subsequent to any elections held on May 5, 1998, the polling place for Lee-Hi Precinct shall return to Fire Station No. 4 without further action of this Council. 3. 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. 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 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33564-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure $ 7,706,962.00 Enterprise Zone One Training Incentive Program (1)... 63,600.00 1) Appropriated from Third Parties (008-052-9614-9004) $ 63,600.00 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 2nd day of September, 1997. No. 33665-090297. A RESOLUTION amending the training incentive program established on March 14, 1994, for Enterprise Zone One; authorizing the City Manager to enter into an agreement amending the training agreement dated March 14, 1994, between 159 First Union National Bank of Virginia (FUNB), Fifth District Employment and Training Consortium (FDETC) and the City; and authorizing the City Manager to execute an agreement with First Union National Bank of Virginia to provide for a new parking agreement effective December 16, 1998. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The training incentive program established for Enterprise Zone One by Resolution No. 31907-31494, adopted March 14, 1994, is hereby amended to provide that the jobs or job positions mentioned in that training program shall also include replacement positions when such replacement positions are equivalent to the original positions referred to in that training program. 2. 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, effective October 1, 1997, amending the prior training agreement between FUNB, FDETC and the City dated March 14, 1994, and providing for the recalculation of the base number of positions FUNB agrees to maintain in the Downtown Enterprise Zone for a period of five years, from October 31, 1997, to October 31, 2002, providing for a one time payment from FUNB for recalculating the base number of positions to be maintained in the Downtown Enterprise Zone, providing for additional training funds for FUNB not to exceed $63,600.00, and providing for repayment of those training funds and prior training funds should FUNB fail to maintain the recalculated base number of positions for the five year period of time, all as more fully set forth in the City Manager's report to this Council dated September 2, 1997. 3. 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 new parking agreement with FUNB, effective December 16, 1998, that would make available in the Tower Parking Garage the same number of parking spaces as the number of new job positions relocated or created by FUNB in the Downtown Enterprise Zone by October 31, 1997, such spaces to be made available at the monthly rate of $35.00 per space for a one year period of time from December 16, 1998, and subject to an option by FUNB to renew the same number of spaces at the monthly rate of $40.00 per space for two additional years provided the job positions created or relocated by October 31, 1997, remain in the Downtown Enterprise Zone as of December 16, 1999, the renewal date, all as more fully set forth in the City Manager's report referred to above. 160 Attorney. The form of the above agreements shall be 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 2nd day of September, 1997. No. 33566-090297. A RESOLUTION authorizing the City Manager to enter into the appropriate contractual agreements with Appalachian Power Company, d/b/a American Electric Power, providing for revised general service electrical rates and revised street lighting rates effective retroactively to certain specified dates, and approving certain rate schedules, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, contractual agreements with Appalachian Power Company, dlb/a American Electric Power, providing for revisions in general service electric rates applicable to municipal corporations and revisions in street lighting rates applicable to lighting service sold for the lighting of public streets, highways and other public outdoor areas in municipalities and political subdivisions where such service can be supplied from the existing general distribution system, all such rates effective retroactive to July 1, 1996, except for outdoor lighting rates subject to Virginia S.C.C. Tariff No. 16, Schedule O.L., which rates shall be effective retroactive to February 1, 1997. Such agreements shall include such other terms and conditions as are deemed appropriate by the City Manager. 161 2. City Council hereby approves the general service and street lighting electric rates, effective retroactive to July 1, 1996, and the outdoor lighting rates, effective February 1, 1997, in accordance with the attachments to the report of the City Manager dated September 2, 1997. APPROVED Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33568-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,178,704.00 Hazardous Materials Response Team (1-2) ........... 211,665.00 Revenue Public Safety $ 2,178,704.00 Hazardous Materials Response Team (3) ............. 211,665.00 1) Expendable Equipment (035-050-3220-2035) $ 9,000.00 2) Training and Development (035-050-3220-2044) 6,000.00 3) State Grant Receipts (035-035-1234-7067) 15,000.00 162 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 September, 1997. No. 33569-090297. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 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. 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 aforegoing grant or with such project. ATTEST: City Clerk APPROVED David A. Bowers Mayor 163 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33570-090297. A RESOLUTION endorsing and authorizing participation with the Commonwealth of Virginia in Partners for Prevention Initiative. WHEREAS, the federal government has allocated $100 Million dollars in each of federal fiscal years 1999 through 2002 to be divided among the five states that have most reduced out-of-wedlock births in the previous two years without an increase in the abortion rate; WHEREAS, the Commonwealth of Virginia has become the first state in the nation to announce its candidacy for one of these federal awards by supplying incentives to local governments, service agencies, religious institutions, nonprofit organizations and citizens to develop local solutions to the out-of-wedlock birth problem; WHEREAS, the Commonwealth of Virginia will provide technical and other forms of startup assistance to any Virginia localities that officially partner with the state in competition for the federal award, and the state proposed to distribute any federal award Virginia receives directly to its Partners in Prevention; WHEREAS, a locality becomes a Partner in Prevention by adopting a formal resolution of participation in the initiative and by submitting a plan, reflecting whole community input, to reduce out-of-wedlock births locally; and WHEREAS, the City of Roanoke wishes to join other localities in the Commonwealth in this important community objective. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses the Partner in Prevention Initiative and authorizes participation with the Commonwealth of Virginia as a Partner in PreVention. ATTEST: M~a~ F. pa~arker City Clerk APPROVED Mayor 164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33571-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_DroDriations Fifth District Employment and Training Consortium FY97-98 CDBG - Bootstrap (1-3) ........................... CDBG - Opportunity Knocks (4-8) .................. CDBG - Business Training Initiative (9-13) ........... $1,109,842.00 6,200.00 11,000.00 35,400.00 Revenue Fifth District Employment and Training Consortium FY97-98 CDBG - Bootstrap (14) ............................ CDBG - Opportunity Knocks (15) ................... CDBG - Business Training Initiative (16) ............. $ 1,109,842.00 6,200.00 11,000.00 35,400.OO 1) Staff Wages 2) Staff Fringes 3) Communications 4) Wages 5) Fringes 6) Communications 7) Supplies 8) Lease/Rentals 9) Staff Wages 10) Staff Fringes 11) Communications 12) Supplies (034-054-9886-8350) (034-054-9886-8351) (034-054-9886-8353) (034-054-9892-8350) (034-054-9892-8351) (034-054-9892-8353) (034-054-9892-8355) (034-054-9892-8358) (034-054-9887-8050) (034-054-9887-8051) (034-054-9887-8353) (034-054-9887-8355) 4,868.00 1,217.00 115.00 2,000.00 500.00 150.00 1,850.00 6,500.00 23,500.00 5,875.00 400.00 350.00 165 13) Contractual Services 14) CDBG Bootstrap Revenue 15) CDBG Opportunity Knocks Revenue 16) CDBG Business Training Initiative Revenue (034-054-9887-8357) (034-034-1234-9886) (034-034-1234-9892) (034-034-1234-9887) $ 5,275.00 6,200.00 11,000.00 35,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33572-090297. A RESOLUTION authorizing the City Treasurer to sell Class A common stock of Trigon Healthcare, Incorporated, held by the City, upon certain terms and conditions. WHEREAS, as a result of the demutualization of Blue Cross and Blue Shield of Virginia, a mutual company doing business as Trigon Blue Cross Blue Shield, the City of Roanoke has become the owner of 23,158 shares of Class A common stock of Trigon Healthcare, Incorporated; WHEREAS, the City and other policy holders receiving shares of stock were required to wait six months, from February 5, 1997, the date Trigon Blue Cross Blue Shield completed its conversion, until August 5, 1997, before selling or transferring the stock (the Iockup period); WHEREAS, to comply with Chapter 73 of the 1997 Acts of Assembly, the City Treasurer is required to sell one-third of the number of shares of common stock held by the City on or before the first anniversary of the expiration of the initial Iockup period, and an additional one third of the number of shares held by the City 166 on or before the second anniversary of the expiration of the initial Iockup period, and all remaining shares held by the City on or before the third anniversary of the expiration of the initial Iockup period; and WHEREAS, this Council desires to authorize the Treasurer to sell such shares of Trigon Healthcare, Incorporated, upon certain terms and conditions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Treasurer of the City of Roanoke is hereby authorized to sell 23,158 shares of Class A common stock of Trigon Healthcare, Incorporated, at a price of $25.00 per share; provided, however, the Treasurer shall not hold such stock in violation of §3 of Chapter 73 of the 1997 Acts of Assembly. 2. The Treasurer is hereby authorized to obtain proposals from investment brokers as to the fees to be charged to the City for executing such transaction and to engage the investment broker presenting the best proposal to conclude this transaction on behalf of the City. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33573-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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. 167 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation $ Salem Avenue Storm Drain Replacement (1) ......... 564,829.00 2O2,433.00 Capital Improvement Reserve $11,978,079.00 Public Improvement Bonds - Series 1992A (2) ........ 2,007,521.00 1) Appropriated from Bond Funds 2) Storm Drains (008-052-9644-9001 ) (008-052-9700-9176) $ 202,433.00 (202,433.00) 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 2nd day of September, 1997. No. 33574-090297. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the construction of the Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, 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 that: 168 1. The bid of Aaron J. Conner, General Contractor, Inc., made to the City in the total amount of $184,030 for the construction of the Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, as is more particularly set forth in the report to this Council dated September 2, 1997, 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 City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistance 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: ary F. Pa~er City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33575-090297. A RESOLUTION amending the regular meeting schedule of City Council to provide that the scheduled September 15, 1997, meeting shall be rescheduled to September 22, 1997, and the scheduled October 20, 1997, meeting shall be rescheduled to October 22, 1997. 169 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Due to a conflict with the First Leadership meeting sponsored by the Fifth Planning District Commission, the regular meeting of City Council scheduled to be held on Monday, September 15, 1997, is hereby rescheduled to Monday, September 22, 1997. The time and place of such meeting shall be governed by Rule 1, Regular Meetings, of City Council. 2. Due to a conflict with the Virginia Municipal League Conference, the regular meeting of City Council scheduled to be held on Monday, October 20, 1997, is hereby rescheduled to Wednesday, October 22, 1997. The time and place of such meeting shall be governed by Rule 1, Regular Meetings, of City Council. 3. Except as amended by paragraphs 1 and 2 of this Resolution, the Meeting Schedule for City Council established by Ordinance No. 33447-061697, adopted on June 16, 1997 (paragraph 1 amending Rule 1 of §2-15, Code of the City of Roanoke (1979), as amended), shall be effective until the organizational meeting of City Council to be held in conjunction with the first meeting of Council in July, 1998, at which organizational meeting Council shall adopt a resolution establishing the days, times and places of regular meetings to be held between the date of such organizational meeting and July 1, 1999. 4. The City Clerk shall cause a copy of this resolution to be posted adjacent to the door of the Council Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to the first of the rescheduled meetings. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 170 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33567-092297. 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., for a period of one year each. 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., for a period of one year each, 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 the City Manager's report to this Council dated September 2, 1997. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33576-092297. 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 $5,000,000.00 to finance certain capital improvements in connection with Woodrow Wilson Middle School, previously approved by the Council at its December 16, 1996, meeting. 171 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 $5,000,000.00 (the "Bonds") to finance certain capital improvements for Woodrow Wilson 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 6, 1997. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33577-092297. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Huff Lane 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 Huff Lane 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. 172 §1.150-2. 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. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33578-092297. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Huff Lane Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 22th day of September, 1997, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $1,250,000.00, for adding to and improving the present school building at Huff Lane 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. 173 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. ATTEST: APPROVED Sandra H. Eakin Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33579-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund Appropriations Education Magnet School 97-98 (1-27) ....................... Southern Regional Education Program 97-98 (28-29).. Mentor-Teacher Program 97-98 (30-32) .............. Learn & Serve Program 97-98 (33).. ................. Facilities (34-49) ................................ Instruction (50) ................................. Other Uses of Funds (51) ......................... $119,973,485.00 721,754.00 15,000.00 12,326.00 11,590.00 1,692,529.00 64,233,326.00 3,680,740.00 174 Revenue Education Magnet School 97-98 (52) ......................... Southern Regional Education Program 97-98 (53) ..... Mentor-Teacher Program 97-98 (54-55) .............. Learn & Serve Program 97-98 (56) .................. $117,360,959.00 721,754.00 15,000.00 12,326.00 11,590.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (57) ....................... $ 35,091.00 1) Teachers 2) Coordinator 3) Inservice 4) Social Security 5) State Retirement 6) Health Insurance 7) Group Life Insurance 8) Supplies 9) Equipment 10) Teachers 11) Coordinator 12) Inservice 13) Social Security 14) State Retirement 15) Health Insurance 16) Group Life Insurance 17) Supplies 18) Equipment 19) Management Spec/ Recruiter/Planner 20) Clerical 21) Social Security 22) State Retirement 23) Health Insurance 24) Group Life Insurance 25) Indirect Costs 26) Advertising 27) Travel 28) Inservice Education 29) Social Security (030-060-6314-6011-0121 ) (030-060-6314-6011-0124) (030-060-6314-6011-0129) (030-060-6314-6011-0201 ) (030-060-6314-6011-0202) (030-060-6314-6011-0204) (030-060-6314-6011-0205) (030-060-6314-6011-0614) (030-060-6314-6011-0822) (030-060-6314-6012-0121 ) (030-060-6314-6012-0124) (030-060-6314-6012-0129) (030-060-6314-6012-0201) (030-060-6314-6012-0202) (030-060-6314-6012-0204) (030-060-6314-6012-0205) (030-060-6314-6012-0614) (030-060-6314-6012-0822) (030-060-6314-6307-0138) (030-060-6314-6307-0151 ) (030-060-6314-6307-0201 ) (030-060-6314-6307-0202) (030-060-6314-6307-0204) (030-060-6314-6307-0205) (030-060-6314-6307-0212) (030-060-6314-6307-0361 ) (030-060-6314-6307-0554) (030-060-6967-6114-0129) (030-060-6967-6114-0201) $ 55,125.00 11,750.00 3,840.00 6,015.00 4,786.00 7,872.00 715.00 146,816.00 43,000.00 55 125.00 11 750.00 8 840.00 6 015.00 4 786.00 7 872.00 715.00 146,813.00 75,00O.O0 40,000.00 17,500.00 6,775.00 6,636.00 7,347.00 806.00 10,618.00 30,237.00 5,000.00 13,935.00 1,065.00 175 30) Mentor Training 31) Social Security 32) Supplies 33) Inservice Training 34) Replacement of School Buses 35) Playground Equipment 36) School Paving Improvements 37) School Technology Equipment (030-060-6968-6114-0129) (030-060-6968-6114-0201) (030-060-6968-6114-0614) (030-060-6969-6100-0129) (030-060-6006-6676-0808) (030-060 -6006-6682-0829) (030-060-6006-6682-0851) (030-060-6006-6683-0801) 38) Facility Maintenance (030-060-6006-6896-0809) 39) Asbestos Abatement (030-060-6006-6896-0809) 40) Roof Replacement (030-060-6006-6896-0809) 41) Operational Service Equipment (030-060-6006-6896-0821) 42) Facility Improvements- Garden City (030-060-6006-6896-0851) 43) Facility Improvements- Huff Lane (030-060-6006-6896-0851) 44) Round Hill Addition (030-060-6006-6896-0851) 45) Facility Improvements- Jackson (030-060-6006-6896-0851) 46) Facility Improvements- Breckinridge (030-060-6006-6896-0851) 47) School Alterations 48) Elementary Modular Buildings 49) Modular Equipment 50) Teachers 51) Transfer to MY Fund 52) Federal Grant Receipts 53) Contribution 54) State Grant Receipts 55) Local Match 56) Federal Grant Receipts 67) CMERP-School (030-060-6006-6896-0851) (030-060-6006-6896-0851) (030-060-6006-6896-0861) (030-060-6001-6000-0121) (030-060-6007-6999-0911) (030-060-6314-1102) (030-060-6967-1103) (030-060-6968-1100) (030-060-6968-1101) (030-060-6969-1102) {030-3324) 10,289.00 787.00 1,250.00 11,590.00 135,358.00 2,114.00 48,789.O0 33,306.00 7,080.00 78,171.00 3,500.00 761.00 79,994.00 41,000.00 164,005.00 13,211.00 42,973.00 20,927.00 125,508.00 8,486.00 6,163.00) 6,163.00 721,754.00 15,000.00 6,163.00 6,163.00 11,590.00 805,182.00 176 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED ~)aw~. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33580-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ro_oriations Community Development Block Grant FY 97 Neighborhood CDBG Projects (1) .................. Unprogrammed CDBG (2) ......................... $ 2,634,898.00 105,351.00 43,512.00 1) Melrose/Rugby Neighborhood Forum 2) Unprogrammed CDBG (035-097-9737-5278) (035-097-9740-5197) 30,000.00 30,000.00) 177 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33581-092297. A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1997-98, and to execute documents in connection with said amendment; and authorizing execution of an Agreement with Melrose/Rugby Neighborhood Forum, Inc. 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 May 12, 1997, by Resolution No. 33402-051297; and WHEREAS, the request of Melrose/Rugby Neighborhood Forum, Inc., for funds for the acquisition of a building located at 1730 Orange Avenue, N. W., and a furnace for the building, was referred to the City Manager for further consideration on April 21, 1997. that: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 178 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 1997-98, 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 September 22, 1997. 2. The City Manager or his designee is hereby authorized, for and on behalf of the City, to execute an Agreement with Melrose/Rugby Neighborhood Forum, Inc., for the acquisition of a building located at 1730 Orange Avenue, N. W., and a furnace for the building, upon certain terms and conditions as set out in the City Manager's report dated September 22, 1997, said agreement to be in form approved by the City Attorney. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33582-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 179 Appropriations Other Infrastructure $ 7,727,379.00 Hunter Viaduct Removal - Engineering (1) ............ 601,155.00 Revenue Due from Third Parties (2) .......................... $ 84,017.00 1) Appropriated from Third Parties (008-052-9636-9004) $ 84,017.00 2) Norfolk Southern - Hunter Viaduct (008-1261) 84,017.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33583-092297. A RESOLUTION authorizing execution of Amendment No. 3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional services in connection with the Hunter Viaduct/Williamson Road Bridge project, authorizing execution of an agreement with Norfolk and Western Railway Company providing for a contribution toward the cost of this project along with a permanent easement and temporary construction easements necessary for the construction of a turn lane onto Salem Avenue from the Williamson Road Bridge. BE IT RESOLVED by the Council of the City of Roanoke that: 180 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated September 11, 1989, in order to provide for additional engineering services required to be performed as a result of the request of Norfolk Southern Corporation or a subsidiary thereof for additional clearance of at least 21.0 feet over the tracks in connection with the Hunter Viaduct/Williamson Road Over Railroad, S. W., Bridge #1829 project, the cost of such additional work to be $113,592, making the new contract amount $287,383, as set forth in the report of the City Manager to this Council, dated September 22, 1997. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, for and on behalf of the City, a permanent easement from Norfolk and Western Railway Company for purposes of widening Williamson Road Bridge to provide a turn lane onto Salem Avenue, along with temporary construction easements necessary for the project. The instrument conveying such easements shall be in form approved by the City Attorney. The permanent right-of-way easement and the temporary construction easement of Railway property are at the approximate location of Railroad Milepost N-257.37. 3. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, an agreement with Norfolk & Western Railway Company providing for complete City ownership and maintenance of the new bridge structure and for the Railway's payment of $950,000 toward the cost of the project, such agreement to be in substantial conformity with the draft agreement attached to the report of the City Manager, dated September 22, 1997, and approved as to form by the City Attorney. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor 181 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33584-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure Peters Creek Land Acquisition (1) .................. Peters Creek Additional Engineering (2) ............. $ 8,213,362.00 550,000.00 76,000.00 Capital Improvement Reserve $11,528,512.00 Public Improvement Bonds - Series 1992-A (3) ........ 1,452,521.00 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds 3) Storm Drains (008-056-9656-9001) (008-056-9657-9001) (008-052-9700-9176) $ 500,000.00 55,000.00 (555,000.00) 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 David A. Bowers Mayor 182 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33585-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_aroDriations Community Development Abandoned Housing Clearance Fund (1) ............. Revenue Community Development Abandoned Housing Clearance Fund (2) ............. 1) 2) Fees for Professional Services Abandoned Housing Clearance Fund (035-052-5251-2010) (035-035-1234-7262) $ 4,001,938.00 100,000.00 $ 4,001,938.00 100,000.00 100,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED David A. Bowers Mayor 183 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33586-092297. A RESOLUTION authorizing the execution of the Abandoned Housing Clearance Fund Agreement with the Virginia Department of Housing and Community Development to accept grant funds, and authorizing execution of a Subgrantee Agreement with the owners of certain property located on First Street, S. W., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, W. Robert Herbert, or the Assistant City Manager, and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the Abandoned Housing Clearance Fund Agreement, in form approved by the City Attorney, with the Virginia Department of Housing and Community Development to accept $100,000.000 in grant funds, as set out and described in the City's application for said grant, and the report to this Council dated September 22, 1997. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the Subgrantee Agreement, in form approved by the City Attorney, with the owners/developers of 716-718-720-722 First Street, S. W., as described in the report to this Council dated September 22, 1997. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 184 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33587-092297. AN ORDINANCE authorizing the City Manager to enter into an agreement with Signet Bank, for the leasing of office and classroom space within the Signet Bank Building to house the Employment Services Program and staff, 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 Signet Bank, for the lease of 6,673 square feet of office and classroom space within the Signet Bank Building, located at 110 Church Avenue, S. W., to house the Employment Services Program and staff; said lease shall be for a term of not more than five years; the annual lease rate is $12.50 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 City Manager dated September 22, 1997. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33588-092297. A RESOLUTION accepting a certain Law Enforcement Block Grant from the Commonwealth of Virginia's Bureau of Justice Assistance and authorizing execution of any required documentation on behalf of the City. 185 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 Bureau of Justice Assistance of a Law Enforcement Block Grant in the amount of $127,013.00, with the City's providing $14,098.00 in local match, such grant being more particularly described in the report of the City Manager, dated September 22, 1997, 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: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33589-092297. A RESOLUTION authorizing execution of a contract with Total Action Against Poverty in Roanoke Valley for in-home family support services designed to prevent truancy in the Roanoke City Schools. 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, a contract with Total Action Against Poverty in Roanoke Valley ("TAP") for in-home family support services designed to prevent truancy in the Roanoke City Schools. Payment to TAP for these services shall not exceed $81,075.00. The contract with 186 TAP shall contain such terms and conditions as set forth in the City Manager's report dated September 22, 1997, and such other terms and conditions as the City Manager deems appropriate. The form of said contract shall be approved by the City Attorney. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33590-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_oriations Health and Welfare $ 23,070,919.00 Income Maintenance (1) .......................... 4,172,206.00 Revenue Grants-in-Aid Commonwealth $ 38,088,771.00 Food Stamp Error Reduction (2) ................... 10,672.00 1) Food Stamp Error Reduction 2) Food Stamp Error Reduction (001-054-5313-2023) (001-020-1234-0682) $10,672.00 10,672.00 187 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33591-092297. A RESOLUTION authorizing execution of a contract with Total Action Against Poverty in Roanoke Valley to provide Group Job Search, a component of Virginia Initiative for Employment Not Welfare. 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, a contract with Total Action Against Poverty in Roanoke Valley ("TAP") to provide one component of Virginia Initiative for Employment Not Welfare, Group Job Search, which offers two weeks of classroom training to build self-esteem, motivation and specific job seeking skills. Payment to TAP for these services shall not exceed $53,514.00, for the period October 1, 1997 through May 31, 1998. The contract with TAP shall provide for a unilateral right of the City to renew the contract for four additional one-year terms, pursuant to such terms and conditions as set forth in the City Manager's report dated September 22, 1997. The form of said contract shall be approved by the City Attorney. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED David A. Bowers Mayor 188 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33592-092297. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Assured Issuance Incorporated, for the provision of Food Stamp Issuance Service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Assured Issuance Incorporated, being the lowest responsible bid received for the provision of Food Stamp Issuance Service, such service being more particularly described in the September 22, 1997 report of the City Manager to this Council, is hereby ACCEPTED. 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 contract with Assured Issuance Incorporated, for the services listed above for the period November 1, 1997 through October 31, 1998, at a per transaction cost of $.425 (an approximate monthly amount of $2,763.00), with the option to renew upon the same terms and conditions for two additional one-year periods, upon such terms and conditions as are more fully set out in the report to this Council dated September 22, 1997. 3. The form of the contract with such bidder shall be approved by the City Attorney. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor 189 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33593-092297. A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Against Poverty in the Roanoke Valley (TAP), to provide certain program services for the City, upon certain terms and conditions. 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 in Roanoke Valley (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 September 22, 1997. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33594-092297. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §24-76, Requirement of a lease or permit, prohibited uses of spaces and tables; penalities, to regulate the use of market spaces, stalls and tables; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: 190 §24-76. Requirement of a lease or permit; prohibited uses of spaces and tables: penalties. (a) Market spaces or stalls shall be used only by persons possessing a valid lease or permit issued by the City Manager and the agents and employees of such lessees or permittees. (b) No person shall sit or lie on or under market tables or make any use of any market space or stall other than those uses authorized by this Article or by a valid license or permit issued by the City Manager. (c) Violation of this section shall constitute a Class 4 misdemeanor. A second or subsequent violation ofthis section shall constitu~ a Class 2 misdemeanor. 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 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33596-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. 191 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriation Capital Outlay 1994 STP Expansion Bonds (1) .................... Roanoke River Interceptor Sewer Construction (2-3).. $ 40,851,179.00 880,656.00 20,278,769.00 Revenue Due from Other Governments (4-5) .................. $12,836,461.00 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds 3) Appropriated from Other Governments 4) Due from City of Salem 5) Due from Roanoke County (003-056-8465-9001) (003-056-8484-9001) (003-056-8484-8999) (003-1071) (003-1072) $(7,442,308.00) 7,442,308.OO 12,836,461.00 6,833,945.00 6,002,516.00 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 Mayor 192 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33597-092297. AN ORDINANCE accepting the bid of Alex E. Paris Contracting Company, Inc., for a combined contract, including sections Al, A2, B1, and B2, for the Roanoke River Interceptor Sewer 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 Alex E. Paris Contracting Company, Inc., in the total amount of $18,367,063.00, for a combined contract, including sections Al, A2, B1, and B2, for the Roanoke River Interceptor Sewer Replacement Project, as is more particularly set forth in the September 22, 1997, report 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 City Clerk, 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 David A. Bowers Mayor 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33598-092297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Improvement Reserve $11,352,882.00 Public Improvement Bonds - Series 1996 (1) .......... 8,763,821.00 Sanitation $ 1,093,026.00 Baker Avenue Storm Drain Project (2) ............... 528,197.00 1) Storm Drains 2) Appropriated from Bond Funds (008-052-9701-9176) (008-052-9692-9001 ) $ (528,197.00) 528,197.00 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 David A. Bowers Mayor 194 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33599-092297. AN ORDINANCE accepting the bid of E. C. Pace Company, Inc., for the construction of the Baker Avenue Storm Drain 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 E. C. Pace Company, Inc., in the total amount of $480,197.15, for the construction of the Baker Avenue Storm Drain Project, as is more particularly set forth in the September 22, 1997, report 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 City Clerk, 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 Mayor 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1997. No. 33600-092297. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. 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 Hampton, Virginia, on October 21, 1997, the Honorable Linda F. Wyatt, Vice-Mayor, is hereby designated Voting Delegate, and the Honorable Carroll E. Swain 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 1997 Annual Conference, W. Robert Herbert, City Manager, shall be designated Staff Assistant. 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: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 196 IN THE ~;OUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33595-100697. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by enacting new §2-47, Em_r)loyee leave bank, to provide for the creation of a leave bank for eligible employees of the City who elect to participate; establishing the requirements and criteria for participation in such program and for usage of such leave; authorizing the City Manager to promulgate rules and regulations; and establishing a required participation level. BE IT ORDAINED by the Council of the City of Roanoke that the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new section: §247. Employeeleave bank. (a) This section shall apply to nontemporary officers and employees of the City who shall be referred to herein as "employees." (b) In this section, where two different numbers are set out with the second number in parentheses, the first number shall apply to employees who do not work a three-platoon system, and the number in parentheses shall apply to employees who work a three-platoon system. (c) A leave bank program for employees is hereby established. The leave bank shall consist of hours which have been contributed by or assessed from employees who elect to participate in the program. (d) New employees of the City may participate at time of employment by agreeing to contribute extended illness leave hours as accrued..Other employees of the City shall be offered an oppc.~.unity to participate during each fiscal year at a time designated by the City Manager. (e) Each employee not working a three-platoon system who elects to participate in the leave bank shall contribute 16 hours of vacation leave, paid leave, extended illness leave, or sick leave, or some combination thereof. Each employee working a 197 three-platoon system who elects to participate in'the leave bank shall contribute 32 hours of vacation leave, 26 hours of paid leave, 24 hours of extended illness leave, or 24 hours of sick leave. (f) Any employee who desires to borrow hours from the leave bank shall submit an application along with a certificate from a medical doctor or dentist indicating the nature of the employee's illness or injury, that the employee is unable to perform any work for the City because of such illness or injury, and approximately how long the employee will be unable to work. The City Manager may require a certification from a medical doctor or dentist selected by the City. (g) The leave bank shall be authorized to lend a maximum of 360 (504) hours of leave per fiscal year to participating employees who, after exhausting all available leave, are unable to return to work because of a long-time illness or injury. An employee's eligibility to borrow from the leave bank shall commence 6 months after the employee's enrollment in the leave bank program and shall cease after 90 calendar days from the date of the onset of the employee's injury or illness. (h) Each employee who borrows from the leave bank will be required to repay the number of hours borrowed. Each employee shall be required to repay at least 24 (34) hours per fiscal year. Upon termination of employment, any balance owed to the leave bank shall be repaid from any leave available to the employee. (i) All donations and assessments of leave shall be irrevocable at the time that the donation or assessment is made. {j) If the total number of hours in the leave bank falls below 800 hours, each employee who desires to continue to participate in the program will be assessed an additional 8 (12) hours. (k) The City Manager is hereby authorized to promulgate such rules and regulations as he deems necessary and appropriate to carry out the purposes of this section. 198 (I) The leave bank program shall become operational December 1, 1997, provided that the City Manager has, on or before such date, filed a certificate with the City Clerk that one- third of the employees eligible to participate in such program have elected to do so. ATTEST: Mary F. Parker City Clerk APPROVED ~A. I~o-wers '~ ' - Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33601-100697. A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1997-A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, on June 26, 1997, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $5,000,000 (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 by 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; 199 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 (4.0%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1997 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the Council (the "Council") of the City, has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on October 6, 1997, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.1-227.8 A, 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: 200 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $5,000,000 (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 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 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 15, 1997, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the bonds; shall be designated "General Obligation School Bonds, Series 1997-A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15, 1998 (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 amount set forth on Schedule I attached to Exhibit A hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one--hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the bonds does not exceed eight percent (8%) per annum. The Internist 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. 201 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. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) 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 of the City 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~_e 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 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. 202 10. Use of Proceeds Certificate and Certificate as to Arbitrag-. 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-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 Agreeme~ with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such convenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 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 a, ay 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. 203 15. Effective Date. This Resolution shall take effect immediately. The undersigned City Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 6, 1997, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certiflj that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 6th day of October, 1997. City Clerk, City of Roanoke, Virginia [SEAL] 204 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, VIRGINIA General Obligation School Bond Series 1997-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, 1998 and annually on each July 15 thereafter to and including July 15, 2017 (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, 1998 (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 205 to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.1-227.25 (Section 15.2-2624, effective December 1, 1997), of the Code of Virginia 1950, as amended, requires, that there shall be levied and collected a tax upon all taxable property within the City sufficient to pay when due the principal of and 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 5.1, Title 15.1 (Chapter 26, Title 15.2, effective December 1,-1997), Code of Virginia 1950, as amended, and resolutions duly adopted under said chapter by the City 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 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 the 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 206 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 law= of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City 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 ~, 1997. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, City of Roanoke, Virginia City of Roanoke, Virginia 207 ASSIGNMENT unto FOR VALUE RECEIVED, the undersigned sells, assigns and transfers (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" without alteration or change.) meeting the requirements of the Bond Registrar which requirements will include (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, 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. 208 SCHEDULE I PRINCIPAL INSTALLMENTS Date 7/15/98 7/15199 7115~00 7/05101 7/15~02 7115/03 7/15/04 7/15/05 7/15/06 7/15/07 7/15/08 7/15/09 7/15/10 7/15/11 7/15/12 7/15/13 7/15/14 7/15/15 7/15/16 7/15/17 Total Princi_~al Installments $217,442.00 $218,539.00 $218,705.00 $218,991.00 $219,290.00 $219,604.00 $219,934.00 $220,335.00 $221,493.00 $223,969.00 $227,164.00 $229,548.00 $231,182.00 $233,019.00 $235,012.00 $237,232.00 $239,692.00 $242,407.0O $245,333.00 $248,417.00 $4,567,308.00 ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 209 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33602-100697. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Judicial Administration $ 759,690.00 Victim Witness Assistance FY97-98 (1-3) ............. 102,686.00 Revenue Judicial Administration $ 759,690.00 Victim Witness Assistance FY97-98 (4-5) ............. 102,686.00 1) Regular Employee Wages (035-026-5121-1002) $ 93,823.00 2) Training & Development (035-026-5121-2044) 1,776.00 3) Administrative Supplies (035-026-5121-2030) 7,087.00 4) State Grant Receipts (035-035-1234-7264) 77,015.00 5) Local Match (035-035-1234-7265) 25,671.00 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 210 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33603-100697. A RESOLUTION authorizing the acceptance of Grant No. 98-D8554VW97 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. T.~ City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of Grant No. 98- D8554VW97 in the amount of $77,015 for Fiscal Year 97-98 for a Victim/Witness Assistance Program. of $25,671. The local cash match for Fiscal Year 97-98 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. 98-D8554VW97. 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 Victim/Witness Program as more particularly described in the report attached to the City I~,anager's report dated October 6, 1997. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33604-100697. A RESOLUTION designating the Roanoke Neighborhood Development Corporation as the recipient of funds which were formerly held by the Mayor's Henry Street Revival Committee for infrastructure improvements for Henry Street; authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1997-98, and to execute documents in Connection with said amendment; and authorizing execution of an Administrative Agreement with the Roanoke Neighborhood Development Corporation. WHEREAS, each year, the City receives Community Development Block Grant (CDBG) 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 May 12, 1997, by Resolution No. 33402-051297; and WHEREAS, an administrative public hearing was held on August 19, 1997, to consider the proposal to amend the Annual Update to make the funds committed to infrastructure improvements for Henry Street available to the Roanoke Neighborhood Development Corporation for a variety of organizational, community and economic development activities. , THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Roanoke Neighborhood Development C~rporation ("RNDC") is designated the recipient of $9,649 in funds which were formerly held by the Mayor's Henry Street Revival Committee for infrastructure improvements for Henry Street, said funds to be used by the RNDC for approved projects on Henry Street. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execut~~ documents and take other appropriate action to amend the Annual Update with HUD, all in accordance with the City Manager's report dated October 6, 1997. 212 3. The City Manager, or the Assistant City Manager, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, an Administrative Agreement with the Roanoke Neighborhood Development Corporation, and amendments thereto, if necessary, said Agreement and amendments to be in form approved by the City Attorney, within the limits of funds and for the purposes specified in the City Manager's report dated October 6, 1997. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33605-100697. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ro_~riations Health and Welfare Runaway and Homeless 9/97-8/98 (1-5) .............. Revenue Health and Welfare Runaway and Homc~.ss 9197-8/98 (6) ................ $ 3,893,172.00 90,000.00 $ 3,893,172.00 90,000.00 213 1) Regular Employee Salaries 2) FICA 3) Administrative Supplies 4) Training and Development 5) Program Activities 6) Runaway and Homeless Grant (035-054-5134-1002) (035-054-5134-1120) (035-054-5134-2030) (035-054-5134-2044) (035-054-5134-2066) (035-035-1234-7263) $ 67,025.00 16,880.00 646.00 2,549.00 2,900.00 90,000.00 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 6th day of October, 1997. No. 33606-100697. 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. 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 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 6, 1997, report of the City Manager to this Council. 214 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, 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. 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 c..;,~nection with the City's acceptance of the grant. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33607-100697. AN ORr ?;ANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A.o_oro_Driations Parks, Recreation and Cultural $ 29,827.00 Subregional Title I Grant (1-2) ...................... 7,359.00 Revenue 215 Parks, Recreation and Cultural Subregional Title I Grant (3) ....................... $ 29,827.00 7,359.00 1) Temporary Employee Wages (035-054-5045-1004) 2) FICA (035-054-5045-1120) 3) Subregional Title I Grant (035-035-1234-7267) $ 6,835.00 524.00 7,359.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33608-100697. A RESOL~JTION accepting a Library Services and Technology Act Title I Subregional Library for the Blind Grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts a Library Services and Technology Act (LSCA) Title I Subregional Library for the Blind Grant in the amount of $7,359.00, to be used for enhanced library service for the visually and physically challenged, as more particularly set forth in the October 6, 1997, 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 216 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33609-100697. 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 Breckinridge Middle School for use by the general public, and authoriz;~'~j 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 Breckinridge 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 6, 1997, all of which shall be upon the terms and conditions as more particularly set forth in the City Manager's report dated October 6, 1997. ATTEST: Mary F. I~rker APPROVED City Clerk Mayor 217 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33610-100697. A RESOLUTION amending the service charge for determining whether thera is an existing sanitary sewer facility available for a particular piece of property. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The service charge for determining whether there is an existing sanitary sewer facility available for a particular piece of property established by Resolution No. 32412- 032795, adopted by this Council on March 27, 1995, is hereby amended as follows: SEWER CHARGE: $50.00 cost estimate fee (credited to cost of extension) and 50% of actual costs determined per Engineering construction cost estimates. The City Engineer may waive this charge (1) in those cases where the request for a sewer estimate stems from an immediate danger to citizen health or safety, such as in the event of a failed septic tank; or (2) when the City is unable to provide the requested service because the property cannot be served due to physical constraints of topography, the property is served by a private sewer main, the property is already connected to the public sewer or the property is not within reasonable proximity to a public sanitary sewer. The fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by this Council by Resolution No. 32412- 032795, adopted March 25, 1995, effective as of that date, shall be amended to reflect provisions of this resolution. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 218 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33612-100697. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 qf the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap~roDriation Sanitation $ Baker Street Drainage Project (1) .................. 589,829.00 70,000.00 Capital Improvement Reserve $ 11,856,079.00 Public Improvement Bonds - Series 1996 (2) ........ 9,267,018.00 1) Appropriated from Bond Funds 2) Storm Drains (008-052-9642-9001) (008-052-9701-9176) $ 25,000.00 (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 Mayor 219 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33613-100697. AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Baker Avenue Storm Drain Project; 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 the proper City officials to enter into a right-of-entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow the City to conduct an environmental assessment of property owned by the railroad, 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 construction of the Baker Avenue Storm Drain Project, the City wants and needs certain fee simple interest, permanent and temporary construction easements, and rights of ingress and egress, as more specifically set forth in the report and Attachment "A" thereto, of the Water Resources Committee to this Council dated October 6, 1997, 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 property 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, the costs of environmental testing, title searches, recordation fees and all other costs associated with acquiring the necessary property rights, shall not exceed $25,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deecl, 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 over which an easement is required or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of 220 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, 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 draw and pay into court the sums offered to the respective owners. 5. 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 right-of-entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow the City to conduct an environmental assessment of the property owned by the railroad. Such agreement may provide for indemnification by tne City and shall contain any other reasonable terms and conditions deemed necessary and appropriate by the City Manager, as more particularly set forth in the report of the Water Resources Committee dated October 6, 1997. The form of the agreement shall be approved by the City Attorney. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1997. No. 33616-100697. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. 221 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 3-6, 1997, in Philadelphia, Pennsylvania, and any Business Meetings in connection with such Conference, the Honorable Linda F. Wyatt, Vice-Mayor, is hereby designated Voting Delegate, and the Honorable Carroll E. Swain, Council Member, is hereby designated Alternate Voting Delegate. 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 David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33611-102297. AN ORDINANCE authorizing the exchange of a certain 0.108-acre parcel of City-owned property located at the Falling Creek Watershed in Bedford County for a certain 0.108-acre parcel of property owned by the Jeters Chapel Church of the Brethren located in Bedford County, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents conveying to Jeters Chapel Church of the Brethren a certain 0.108-acre parcel of City-owned property located in the Falling Creek Watershed in Bedford County, upon certain terms and conditions, and as more particularly set forth in the report of the Water Resources Committee dated October 6, 1997. 222 2. 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 0.108-acre parcel of land from the Jeters Chapel Church of the Brethren, as more particularly set forth in the report of the Water Resources Committee dated October 6, 1997. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33614-102297. AN ORDINANCE granting a revocable license to allow for the encroachment of a four foot high chain link fence over and into the public right-oh way at 3624 Yellow Mountain Road, S.E., Official Tax No. 4300426, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A ~svocable license shall be and is hereby granted the current owner, Donna L. Whitehead, her grantees, assignees, or successors in interest, of the property bearing Official Tax No. 4300426, as more fully described in a report of the Water Resources Committee dated September 22, 1997, on file in the Office of the City Clerk. 2. Said license, granted pursuant to §15.1-376, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in §15.1-376. 3. It shall be agreed by the licensee that, in constructing and maintaining such encroachment, said licensee and her grantees, assignees, or successors in interest covenant and 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 public right-of-way. 223 4. Licensee, her grantees, assignees or successors in interest shall for the duration of this revocable license, with respect to claims arising out of the construction, maintenance and use of the area permitted to encroach into City right- of-way hereunder, maintain on file with the City Clerk's Office evidence of commercial general liability insurance coverage. The amount of such insurance shall not be less than: A. General aggregate $300,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $300,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each o'.currence. Licensee shall name the City, its officers, agents, employees and volunteers as additional insureds as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the Director of Utilities and Operations of the City of Roanoke. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licensee, in the Office of the Clerk of Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the commercial general liability 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 224 ACCEPTED and EXECUTED by the undersigned this , ~97. day of Donna L. Whitehead COMMONWEALTH OF VIRGINIA § To-Wit: CITY OF ROANOKE § this I hereby certify that the foregoing instrument was acknowledged before me day of ,1997, by Donna L. Whitehead. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33615-102297. AN ORDINANCE granting a conditional permit to allow for the encroachment of an existing building over and into the right-of-way along the alley located to the rear of property commonly known as 26 Church Avenue, S. W., identified by Official Tax No. 1012306, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A conditional permit shall be and is hereby granted the current owners, Vittorio A. Bonomo and Jane A. Bonomo ("Permittee"), their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1012306. 2. Said permit, granted pursuant to §15.1-377, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in §15.1-377. Said permit shall terminate and be of no force and effect should the building be destroyed or removed. 225 3. It shall be agreed by the Permittee that, in maintaining such encroachment, Permittee and their grantees, assignees, or successors in interest covenant and 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 public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this conditional permit, with respect to claims arising out of the construction, maintenance and use of the area permitted to encroach into City right- of-way hereunder, ~.aintain on file with the City Clerk's Office evidence of commercial general liability insurance coverage. The amount of such insurance shall not be less than: As B. C. D. E. General aggregate $300,000 Products - Completed/Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $300,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. The City, its officers, agents, employees and volunteers shall be named as additional insureds as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the Director of Utilities and Operations of the City of Roanoke. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the Permittee, in the Office of the Clerk of Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the commercial general liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 226 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33617-102297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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. THEREF;JRE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 School and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Aporo_oriations Education Title I Local Delinquent Children 97-98 (1-15) ......... Title VI Professional Development 97-98 (16-17) ...... Reduce Truancy Now 97-98 (18-26) ................. Flow Through 97-98 (27-34) ....................... Juvenile Detention Home 97-98 (35-43) .............. State Truancy Project 97-98 (44-49) ................. Facilities (50-56) ................................. $120,840,370.00 98,005.00 3,000.00 195,409.00 1,230,703.00 166,818.00 93,776.00 1,861,988.00 Revenue Education Title I Local Delinquent Children 97-98 (57) .......... Title VI Professional Development 97-98 (58) ......... Reduce Truancy Now 97-98 (59) .................... Flow Through 97-98 (60) .......................... Juvenile Detention Home 97-98 (61) ................. State Truancy Project 97-98 (62) .................... $118,192,753.00 98,005.00 3,000.00 195,409.00 1,230,703.00 166,818.00 93,776.00 Non-Operating (63) ............................... 40,840,497.00 Fund Balance Capital Maintenance and Equipment Replacement Program - Schools Unappropriated (64) ....................... $ 0.00 227 General Fund Appropriations Nondepartmental $56,405,041.00 Transfer to Other Funds (65) ........................ 55,622,662.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (66) ........................ $ 902,433.00 (030-060-6159-6554-0138) (030-060-6159-6554-0151 ) (030-060-6159-6554-0129) (030-060-6159-6554-0201 ) (030-060-6159-6554-0202) (030-060-6159-6554-0204) (030-060-6159-6554-0205) (030-060-6159-6554-0313) (030-060-6159-6554-0523) (030-060-6159-6554-0551) (030-060-6159-6554-0584) (030-060-6159-6554-0585) (030-060-6159-6554-0586) 1) Transition Coordinator 2) Transition Assistant 3) Inservice 4) Social Security 5) Retirement 6) Health Insurance 7) Group Life Insurance 8) Physical Education Services 9) Telecommunicat'~ns 10) Travel 11) Student Transportation 12) Parental Involvement 13) Student Recognition (030-060-6159-6554-0614) (030-060-6159-6554-0822) (030-060-6245-6000-0129) (030-060-6245-6000-0201) (030-060-6315-6671-0138) (030-060-6315-6671-0201) (030-060-6315-6671-0202) (030-060-6315-6671-0204) (030-060-6315-6671-0205) (030-060-6315-6671-0212) (030-060-6315-6671-0313) (030-060-6315-6671-0551) 14) Instructional Materials 15) Equipment 16) Professional Development 17) Social Security 18) Attendance Specialists 19) Social Security 20) Retirement 21) Health Insurance 22) Group Life Insurance 23) Indirect Costs 24) Contracted Services 25) Travel $ 40,383.00 14,159.00 3,000.00 4,402.00 6,703.00 2,884.00 191.00 2,500.00 2,000.00 2,000.00 2,000.00 3,560.00 500.00 6,500.00 7,223.00 2,787.O0 213.00 137,812.00 10,543.00 16,937.00 7,869.00 482.00 5,470.00 12,000.00 1,296.00 228 26) Materials and Supplies 27) Teachers 28) Social Security 29) State Retirement 30) Health Insurance 31) Group Life Insurance 32) Contracted Health Services 33) Supplies 34) Payments to Regional Program 35) Educational Coordinators 36) Substitutes 37) Social Security 38) State Retirement 39) Health Insurance 40) Group Life Insurance 41) Indirect Costs 42) Supplies 43) Textbooks 44) Truancy Specialists 45) Social Security 46) Retirement 47) Health Insurance 48) Travel 49) Materials and Supplies 50) Music Equipment 51) Replacement of School Buses 52) Vehicle Replacement- School Plants 53) Vehicle Replacement- Transportation 54) Facility Maintenance (030-060-6315-6671-0614) (030-060-6538-6453-0121) (030-060-6538-6453-0201 ) (030-060 -6538-6453-0202) (030-060-6538-6453-0204) (030-060-6538-6453-0205) (030-060-6538-6553-0311) (030-060-6538-6553-0614) (030-060-6538-6553-0701) (030-060-6541-6554-0138) (030-060-6541-6554-0021) (030-060-6541-6554-0201 ) (030-060-6541-6554-0202) (030-060-6541-6554-0204) (030-060-6541-6554-0205) (030-060-6541-6554-0212) (030-060-6541-6554-0614) (030-060-6541-6554-0613) (030-060-6970-6671-0138) (030-060-6970-6671-0201) (030-060-6970-6671-0202) (030-060-6970-6671-0204) (030-060-6970-6671-0551) (030-060-6970-6671-0614) (030-060-6006-6109-0821) (030-060-6006-6676-0808) (030-060-6006-6683-0804) (030-060-6006-6683-0804) (030-060-6006-6896-0809) 55) Facility Improvements- Garden City (030-060-6006-6896-0851) 56) Facility Improvements- Breckinridge (030-060-6006-6896-0851) 57) Federal Grant Receipts (030-060-6159-1102) $ 3,000.00 16,833.00 1,288.00 2,069.00 1,171.00 59.00 20,000.00 1,974.00 209,309.00 32,000.00 1,800.00 2,803.00 3,933.00 2,342.00 112.00 343.00 5,900.00 5,000.00 68,906.00 5,271.00 7,863.00 4,765.00 3,000.00 3,971.00 29,769.00 47,343.00 38,488.OO 8,995.00 19,689.00 3,853.00 21,322.00 98,005.00 58) Federal Grant Receipts 59) Federal Grant Receipts 60) Federal Grant Receipts 61) State Grant Receipts 62) State Grant Receipts 63) Transfer from General Fund 64) CMERP - School 65) Transfer to School Fund 66) CMERP - School (030-060-6245-1102) (030-060-6315-1102) (030-060-6538-1102) (030-060-6541-1100) (030-060-6970-1100) (030-060-6000-1037) (030-3324) (001-004-9310-9530) (001-3324) BE IT FURTHER ORDAINED that, Ordinanceshall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk 229 $ 3,000.00 195,409.00 252,703.00 54,533.00 93,776.00 134,368.00 (35,091.00) 134,368.00 (134,368.00) an emergency existing, this David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33618-102297. A RESOLUTION authorizing the City Manager to execute an agreement with Habitat for Humanity in the Roanoke Valley, to provide funding for reimbursement of expenses associated with construction of three new houses on three lots under the provisions of the Vacant Lot Homesteading Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 230 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 Habitat for Humanity in the Roanoke Valley, which agreement shall provide for the use of Community Development Block Grant funds in the amount not to exceed $12,000.00 for reimbursement of expenses associated with construction of three new houses on three lots located at the addresses of 427 Albemarle Avenue, S.W., 1105 Sixth Street, S.E., and 1703 Chapman Avenue, S.W., in accordance with the recommendations contained in the City Manager's report to this Council dated October 22, 1997. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: Mary F. PaYker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33619-102297. AN ORD!NANCE approving the bid of Allegheny Construction Company, Inc., for the construction of the 1-581 Interchange at the extension of Valley View Boulevard Project, requesting the Commonwealth of Virginia, Department of Transportation, (VDOT) to award a contract to Allegheny Construction Company, Inc., for the said Project and reject all other bids, authorizing the City Manager to notify VDOT of such approval and to provide any required documentation therefore; and providing for an emergency. WHEREAS, the City and VDOT entered into an Agreement for the Development and Administration of 1-581 Interchange - Valley View Boulevard dated January 3, 1997, (Agreement) which provides that VDOT will administer the construction contract for that Project; and WHEREAS, the Agreement provides that VDOT will not award the construction contract for the ProJect until the City has reviewed and approved the bid and contractor for the Project; and 231 WHEREAS, VDOT has received bids for the construction of the Project and the City has reviewed those bids and agrees that the bid of Allegheny Construction Company, Inc., should be approved and that the construction contract for the said project should be awarded to Allegheny Construction Company, Inc. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City does hereby approve the bid of Allegheny Construction Company, Inc., in the amount of $3,964,813.90 for the construction of the I-$81 Interchange Project, including the bicycle/pedestrian facility, as is more particularly set forth in the City Manager's report dated October 22, 1997, to this Council, and the City hereby requests that VDOT award such bid to Allegheny Construction Company, Inc., and reject the other bids for the Project, all in accordance with VDOT's procedures. 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, any and all appropriate documents required to notify VDOT that the City has reviewed and approved the bid of Allegheny Construction Company, Inc., for the 1- 581 Interchange project, including the bicycle/pedestrian facility as set forth above and to request that VDOT award the construction contract for that project to Allegheny Construction Company, Inc., such documents to be in such form as is approved by the City Attorney. 3. In order to provide 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. P~fker City Clerk APPROVED David A. Bowers Mayor 232 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33620-102297. A RESOLUTION amending Resolution No. 33583-092297 to correct the date of the contract and the new contract amount in said Resolution. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Resolution No. 33583-092297 is hereby amended to reflect that the date "September 11, 1989," in paragraph number 1 of that Resolution is changed to "September 21, 1989," and that the figure of "$287,383," in paragraph number 1 of that Resolution is changed to "$316,830,". 2. As amended, Resolution No. 33583-092297 is hereby affirmed and remains in full force and effect. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, · The 22nd day of October, 1997. No. 33622-102297. A RESOLUTION authorizing the City to indemnify the Commonwealth of Virginia and the D~.partment of Juvenile Justice as required to accept a grant from the Virginia Department of Juvenile Justice, and authorizing the City Manager to execute any and all necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 233 1. The City is authorized to indemnify the Commonwealth of Virginia and the Department of Juvenile Justice as required to accept a grant in the amount of $32,518.00, to continue coordinated planning and program implementation of the Office on Youth, as set forth in the City Manager's report dated August 18, 1997 and October 22, 1997. 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents, including the document containing a provision whereby the City of Roanoke agrees to indemnify the Commonwealth of Virginia and the Department of Juvenile Justice, as required for the City's acceptance of this grant. Said document shall be approved by the City Attorney. ATTEST: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33623-102297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended ann reordained to read as follows, in part: Appropriation Health and Welfare $ 3,841,125.00 Rehabilitative Services Incentive Fund FY 97-98 (1) .... 37,953.00 234 Revenue Health and Welfare $ 3,841,125.00 Rehabilitative Services Incentive Fund FY 97-98 (2) .... 37,953.00 1) Fees for Professional Services (035-054-5196-2010) 2) Rehabilitative Services Incentive Fund (035-035-1234-7268) 37,953.00 37,953.00 BE IT FI2RTHER 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 22nd day of October, 1997. No. 33624-102297. A RESOLUTION endorsing the revised plan of services for juvenile justice programs, funded by the State Department of Juvenile Justice through the Virginia Juvenile Community Crime Control Act of 1995, and authorizing its submittal to the Board of Juvenile Justice for approval. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council endorses the revised plan for expansion or development of additional juvenile justice service programs, funded by the State Department of Juvenile Justice through the Virginia Juvenile Community Crime Control Act of 1995, as more specifically set out in the City Manager's report dated October 22, 1997. 235 2. The City Manager, or his designee, is authorized to submit this revised plan of services to the Board of Juvenile Justice for approval. Mary F. Parker City Clerk APPROVED David A. Bowers Mayoi{ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33626-102297. AN ORDINANCE amending and reordaining subsections (a) and (b) of §23.1-4, Requirement of bidding; power to reject bids, subsection (a) of §23.1-4.1, Requirement of competitive negotiation, and subsection (g) of §23.1-6, Exceptions to reauirement of competitive procurement, by increasing from $15,000 to $30,000, the threshold for required competitive procurement; providing for an effective date, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsections (a) and (b) of §23.1-4, requirement of bidding; power to reject bids, subsection (a) of §23.1-4.1, Requirement of competitive negotiation, and subsection (g) of §23.1-6, Exceptions to requirement of competitive procurement, shall be amended and reordained to read and provide as follows: Sec. 23.1-4. Requirement of bidding; power to reject bids. (a) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is expected to exceed thirty thousand dollars ($30,000.00) shall be awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement 236 and competition. With respect to bids for any purchase, public work or improvement costing more than seventy- five thousand dollars ($75,000.00) the city council shall have the power to reject any and all bids. With respect to bids for any purchase, public work or improvement costing seventy-five thousand dollars ($75,000.00) or less, the city manager shall have the power to reject any and all bids. (b) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is not expected to exceed thirty thousand dollars ($30,000.00) may be bid and awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement and competition. Small purchase procedures shall provide for competition wherever practicable. §23.1-4.1. Re=_uirement of com_oetitive ne;Iotiation. (a) Except as provided by section 23.1-6 of this Code, ap.~ contract with a nongovernmental contractor for professional services or services other than professional services which is expected to exceed thirty thousand dollars ($30,000.00) shall be awarded pursuant to the method of procurement known as competitive negotiation. §23.1-6. Exceptions to requirement of competitive procurement. Notwithstanding any other provisions of this chapter, contracts may be entered without competition for goods, professional services, services or construction in the following cases: 237 (g) Where any contract for the purchase or lease of goods or for the purchase of professional services, services or construction is not expected to exceed thirty thousand dollars ($30,000.00); or. 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 retroactively to July 1, 1997. ATTEST: Mary F. Parker City Clerk Mayor ~. ~&i,~.~,~,---APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33627-102297. A RESOLUTION directing the City Attorney to institute or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by judicial sale. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney is authorized and directed to institute or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by private or public judicial sale with respect to the real estate lying in the City of Roanoke and described in Exhibits A and B, attached to the letter from the City Attorney to this Council dated October 22, 1997. APPROVED ATTEST: Ma~~~ F. pa4~rker~'' ''~g~%'~' City Clerk Mayor 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nr! day of October, 1997. No. 33628-102297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap~ro_=riations Capital Outlay Steam Pipe Replacement (1) ....................... Capital Outlay from Revenue Other Equipment (2) .............................. (003-056-8458-9003) (003-056-3175-9015) $37,280,150.00 224,000.00 1) Appropriated from General Revenue 2) Other Equipment $1,185,953.00 178,953.00 $ 224,000.00 (224,000.00) 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 239 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33629-102297. AN ORDINANCE accepting the bid of Process Piping and Welding, Incorporated, for the steam pipe replacement at the Water Pollution Control Plant, 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 Process Piping and Welding, Incorporated, in the.total amount of $205,883.59 for steam pipe replacement at the Water Pollution Control Plant, as is more particularly set forth in the City Manager's report dated October 22, 1997, 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: Ma~~~ F. Pa~er City Clerk APPROVED David A. Bowers Mayor 240 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33630-102297. A RESOLUTION designating and naming a certain bridge over the Roanoke River located on newly extended Peters Creek Road between Shenandoah Avenue, N. W., and Brandon Avenue, S. W., in the City of Roanoke as Veterans Bridge. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The certain bridge over the Roanoke River on newly extended Peters Creek Road between Shenandoah Avenue, N. W., and Brandon Avenue, S. W., is hereby designated and named Veterans Bridge. 2. The City Engineer is hereby directed to cause the above bridge name to be noted appropriately on all maps and plats lodged in his care, and the City Manager is hereby authorized to cause the placement of an appropriate name plaque or plaques on said bridge. ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33631-102297. A RESOLUTION waiving the requirement of City residency for Christie Meredith Kelsey, a Commissioner of the City of Roanoke Redevelopment and Housing Authority. WHEREAS, the Council is advised that Christie Meredith Kelsey, who was on January 21, 1997, appointed to a term as a Commissioner of the City of Roanoke Redevelopment and Housing Authority expiring on August 31, 1998, has moved her residence from the City; and 241 WHEREAS, the Council desires to retain the valuable services of Mrs. Kelsey as a Commissioner and to waive the requirement of City residency set out in §2-281(b), Code of the City of Roanoke (1979), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the requirement of City residency set forth in §2-281(b), Code of the City of Roanoke (1979), as amended, is hereby waived as to Christie Meredith Kelsey, Commissioner, City of Roanoke Redevelopment and Housing Authority, with respect to her current term which expires August 31, 1998, Council having found specific reasons and unusual circumstances justifying such waiver. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1997. No. 33632-102297. A RESOLUTION establishing a special meeting of the Council of the City of Roanoke to be held on October 28, 1997. BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of Council will be held jointly with the Roanoke County Board of Supervisors, on Octuoer 28, 1997, at 12:00 noon, in the Fourth Floor Conference Room, of the Roanoke County Administration Building, at 5204 Bernard Drive, S. W., Roanoke, Virginia 24018. Such meeting shall be for the purpose of considering matters of mutual interest to the two governing bodies, including approval of a joint dental insurance contract for employees of the two governments. ATTEST: Mary F. P~(rker avid A. Bowers City Clerk Mayor 242 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1997. No. 33636-102897. A RESOLUTION authorizing the execution of a contract and related documents with Delta Dental Plan of Virginia to provide group dental insurance for employees of the city and members of their families. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized, for an on behalf of the City, to execute a contract with Delta Dental Plan of Virginia, for group dental insurance for a term of three years beginning January 1, 1998, and ending December 31, 2000, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Delta Dental Plan of Virginia and described in a report to Council by the City Manager dated October 28, 1997, and the attachments thereto. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1997, fully executed by Delta Dental Plan of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 243 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33621-110397. AN ORDINANCE authorizing vacation of the abandoned portion of a sanitary sewer easement, and authorizing acceptance of a new 15' sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., 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 documents to vacate the abandoned portion of a sanitary sewer easement, and to accept the dedication of a new 15' sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., as more particularly set forth in the report of the City Manager dated October 22, 1997. ATTEST: City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33625-110397. AN ORDINANCE amending §19-1.1, Intent of this chapter; levy and _~ur_~ose of tax; exception to issuance fee, Article I. In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to eliminate the fifty dollar issuance fee and levy only the license tax when the total gross receipts of a business are more than $100,000; and providing for an effective date. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 244 1. Section 19-1.1, Intent of this chapter; levy and purpose of tax; exception to issuance fee, of Article I. In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, is hereby, amended and reordained to read and provide as follows: §19-1.1. Intent of this chapter; levy and purpose of tax: exception to issuance fee. It is hereby declared to be the intent of this chapter that, in order to distribute the tax burden of the city, any business, employment or profession located or conducted in the city, and the persons, firms, associations and corporations engaged therein and the agents thereof, shall, except as otherwise specifically provided, be subject to an annual license issuance fee or an annual license tax under this chapter. When the gross receipts of a business, employment or profession are $100,000 or less, there is hereby levied and there shall be assessed and collected a fifty dollar ($50) fee for issuing each license required by this chapter for each and every license year, except as otherwise specifically provided. When the gross receipts of a business, employment or profession exceed $100,000, there is hereby levied and there shall be assessed and collected the license taxes as set forth in this chapter for each and every license year. These license fees and license taxes shall be for the support of the city government, the payment of city debts, and interest thereon and other municipal purposes. Any business, employment or profession required to obtain a license pursuant to §§19-71, 19-72, 19-73, 19-74, 19-74.1, 19-75, 19-76, 19-77, 19-78, 19-78.1, 19-79, 19-80, or 19-81.1 of this Code shall not be assessed the fifty dollar ($50) issuance fee. 5. This ordinance shall be in full force and effect on and after January 1, 1998. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 245 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33633-110397. 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, Larry and Janice Pence and David and Louann Black, 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 I~=ving 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 22, 1997, 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 dec~ribed as follows: That portion of Brunswick Avenue, S. W., connecting the 2000 block of Windsor Avenue, S. W., to an alley, as the same extends between parcels bearing Official Tax Nos. 1440523 and 1440601, 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 public utility, including, specifically, without limitation, providers to or for the public of 246 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within six (6) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plate 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 FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of 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 Larry and Janice Pence and David and Louann Black, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 247 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33634-110397. AN ORC. INANCE permanently vacating, discontinuing and closing certain public rights-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 rights-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 22, 1997, 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 rights-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 rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-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 248 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 are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within six (6) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to 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. 249 BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of 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 Roanoke Valley SPCA, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33635-110397. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. WHEREAS, Lawrence H. Logan filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 701 Salem Avenue, S. W., and designated as Official Tax No. 1111118, which property was previously conditionally rezoned by the adoption of Ordinance No. 32953-060396, adopted June 3, 1996; 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 22, 1997, 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 250 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 at 701 Salem Avenue, S. W., and designated as Official Tax No. 1111118, 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. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Third Amended Petition filed in the City Clerk's Office on October 8, 1997, and as set forth in the report of the Planning Commission dated October 22, 1997. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33637-110397. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations General Government Commissioner of the Revenue (1) .................. City Treasurer (2) ................................ $10,837,092.00 972,206.00 876,469.00 251 Revenue Grsnts-in-Aid Commonwealth $ 38,089,535.00 Shared Expenses (3-4) ............................ 6,771,333.00 1) Furniture and Equipment 2) Furniture and Equipment 3) Commissioner of the Revenue 4) Treasurer (001-022-1233-9005) (001-020-1234-9005) (001-020-1234-0612) (001-020-1234-0613) $458.00 306.00 458.00 306.00 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 3rd day of November, 1997. No. 33638-110397. A RESOLUTION authorizing the execution of a contract and related documents with Trigon Blue Cross Blue Shield to provide for a Comprehensive Health Plan and a Point of Service Health Plan for subscribers and retirees of the City and members of their families; and providing for payment of the participant's share of such health insurance premiums for December 1997 and January 1998. 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, for and on behalf of the City to execute and attest, respectively, a contract with Trigon Blue Cross Blue Shield, for a Comprehensive Health Plan and a Point of Service Health Plan for subscribers and retirees of the City and members of their families for a term of two years beginning January 1, 1998 252 and ending December 31, 1999, with the City's right to renew said contract on acceptable terms and conditions for one additional year, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Trigon Blue Cross Blue Shield and described in a report to Council dated November 3, 1997. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1997 fully executed by Trigon Blue Cross Blue Shield and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. 3. The City shall pay the participant's share of the health insurance premium for the months of December 1997 and January 1998 for all active subscribers and all Medicare-ineligible retirees under the age of 65 who participate in the City's health insurance program based on the coverage selected by such subscribers and reti~es. APPROVED Mary F. Parker City Clerk Mayor David IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33639-110397. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General and Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 253 General Fund Appropriations Nondepartmental $ 56,270,673.00 Transfers to Other Funds (1) ...................... 55,488,294.00 Fund Balance Reserved Fund Balance $ 9,689,266.00 Reserve for Self.Insured Claims (2)...' .............. 0.00 Risk Management Fund Revenues Nonoperating $ ~.~384,000.00 Transfers from Other Funds (3) ..................... 250,000.00 Retained Earnings Reserved $ 2,856,577.00 Reserve for Self.Insured Claims (4) ................. 2,856,577.00 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: Ma--~F. Pa~a e/ City Clerk Mayor 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33641-110397. AN ORDINANCE authorizing the City Manager to request that the Virginia Department of Transportation (VDOT) convey to the City all residual and surplus right-of-way parcels from the Wells Avenue Project, and the donation of these parcels to the adjoining property owners; and providing for an emergency. WHEREAS, by Ordinance No. 31622-080993, adopted August 9, 1993, the City approved the location and major design features of Wells Avenue, from Williamson Road, N. E. to First Street, N. W., and requested that VDOT acquire all rights-of-way necessary for the Project and convey said rights-of-way to the City at the appropriate time. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to request the Virginia Department of Transportation to convey at no cost to the City all residual and surplus right-of- way parcels from the Wells Avenue Project, as more particularly set forth in the report to this Council dated November 3, 1997. The instrument conveying said residual and surplus right-of-way parcels to be in such form approved by the City Attorney. 2. The City Manager or Assistant City Manager, and City Clerk, are authorized to execute and attest, respectively, the requisite documents to donate and convey at no cost to the City all residual and surplus right-of-way parcels from the Wells Avenue Project to the Roanoke Redevelopment and Housing Authority and to the H. R. Foundation, Inc., as owners of the abutting property, as more particularly set forth in the report to this Council dated November 3, 1997. The instrument donating and conveying said residual and surplus right-of-way parcels to be in form 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. ATTEST: ary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33642-110397. AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Estates Road Water Line Project; 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; 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 construction of the Estates Road Water Line Project, the City wants and neeas certain property rights, as more specifically set forth in the report of the Water Resources Committee to this Council dated November 3, 1997, 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 property 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 parcels, such consideration as he deems appropriate for the necessary interests. The consideration for property interests acquired, the costs of environmental testing, title searches, recordation fees and all other costs associated with acquiring the necessary property rights, shall not exceed $10,000.00 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 any owner 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. 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, 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 draw 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: Ma~~F.P~a er APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1997. No. 33644-110397. 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 a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expires on October 20, 1997; 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. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that William L. Bova ~ 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, 1997, and expiring on October 20, 2001, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1997. ATTEST: ary F. P~{rker APPROVED City Clerk Mayor 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33640-111797. AN ORDINANCE amending and reordaining §6-40, Required, of the Code of the City of Roanoke (1979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of §6-62, Vaccination of do~js and cats, of the Code of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older. BE IT ORDAINED by the Council of the City of I~o~noke that: 1. Section 6-40, Ree. uired, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §6-40. Required. It shall be unlawful for any person to own, keep or maintain a dog four (4) months old or older in the city, unless such dog is licensed pursuant to the provisions of this division. 2. Subsection (a) of Section 6-62, Vaccination of do~ls and cats, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §6-62. Vaccination of doqs and cats. (a) It shall be unlawful for any person to own, keep or harbor any dog or cat four (4) months old or older within the city, unless such dog or cat has been vaccinated against rabies, within a period of three (3) years, either at a clinic established in the city by the city manager for this purpose or by a duly licensed veterinarian. A reasonable charge shall be made for vaccinations made at clinics 258 established by the city manager; provided, however, that in any case in which such charge would result in a demonstrable hardship, no charge shall be made. APPROVED ATTEST: Mary F. Parker avid A Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33643-111797. AN ORDINANCE authorizing the abandonment of a certain 15' wide public utility easement located on property owned by the Roanoke Redevelopment and Housing Authority, 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, the appropriate document abandoning the City's interest in a 15' wide public utility easement located on a lot at the northwest corner of Church Avenue, S. E., and Williamson Road, S. E., and bearing Official Tax No. 4011413, owned by the Roanoke Redevelopment and Housing Authority, to enable the property owners to utilize this portion of their real estate, upon certain terms and conditions, and as more particularly set forth in the report to this Council dated November 3, 1997. APPROVED Mary F. Parker ~~ City Clerk Mayor 259 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33645-111797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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 1997-98 School and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Impact Aid 1997-98 (1-2) ........................ $109,254,134.00 10,771.00 Revenue Education Impact Aid 1997-98 (3) .......................... $106,606,817.00 10,771.00 Capital Projects Fund Appropriations Education Wilson Middle School Renovation (4) ............. Middle School Asbestos Abatement (5) ............ Addison Middle School Renovation (6) ............ Capital Improvement Reserve Public Improvement Bonds - Series 1998 (7) ........ $ 27,231,584.00 8,967,669.00 300,000.00 500,000.00 4,682,582.00 (6,000,000.00) 1) Part-time Teachers 2) Social Security (030-060-6971-6000-0121) (030-060-6971-6000-0201) $ 10,000.00 771.00 260 3) Federal Grant Receipts(030-060-6971-1102) 4) Appropriated from Bond Funds 5) Appropriated from Bond Funds 6) Appropriated from Bond Funds 7) Schools (008-060-6088-9001) (008-060-6091-9001) (008-060-6090-9001) (008-052-9706-9182) $ 10,771.00 3,850,000.00 300,000.00 500,000.00 (4,650,000.00) 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33646-111797. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping of certain capital improvements. WHEREAS, the City of Roanoke, Virginia ("Issuer") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, on December 16, 1996, the City Council of the Issuer ("Council") adopted a resolution ("Reimbursement Resolution") declaring its intent, in accordance with Treasury Regulations Section 1.150-2 to reimburse expenditures ("Expenditures") made by the Issuer in connection with the construction, renovation and/or equipping of certain improvements at Woodrow Wilson Middle School ("Project") from the proceeds of debt to be incurred by the Issuer in an amount not to exceed $7,500,000; and 261 WHEREAS, because of an increase in the projected total cost of the Project since the Reimbursement Resolution was adopted on December 16, 1996, the Issuer now expects to finance the Project from the proceeds of debt in an amount not to exceed $9,030,000. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby amends the Reimbursement Resolution to provide that the maximum principal amount of debt that the Issuer expects to be issued for the Project is $9,030,000. 2. Except to the extent modified hereby, the Reimbursement Resolution is hereby ratified and shall remain in full force and effect. 3. This resolution shall take effect immediately 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 November, 1997. No. 33647-111797. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping or certain capital improvements. WHEREAS, the City of Roanoke, Virginia ("Issuer") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and 262 WHEREAS, the Issuer may have made expenditures within 60 days prior to the date hereof, and will make expenditures on and after the date hereof, with respect to expenses incurred and to be incurred ("Expenditures") in connection the construction, renovation and/or equipping of Addison Middle School ("Project"); and WHEREAS, the City Council of the Issuer ("Council") has determined that the funds advanced and to be advanced to pay Expenditures are or will be available for a temporary period and it is necessary to reimburse the Issuer for Expenditures paid up to 60 days prior to, on or after the date hereof with respect to the Project from the proceeds of one or more issues of tax exempt obligations ("Bonds"). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby adopts this declaration of official intent under Treasury Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a tax exempt financing for Expenditures made up to 60 days prior to, on or after the date hereof with respect to the Project. 2. On the date of the Expenditures, all reimbursable cost of the Project will be of a type properly chargeable to a capital account under general federal income tax principles, a cost of issuance for a bond, or an expenditure descri bed in §1.148-6(d)(3)(ii)(B). 3. The maximum principal amount of obligations expected to be issued for the Project is $9,720,000. 4. The adoption of this resolution is consistent with the budgetary and financial circumstances of the Issuer and all other entities that are part of any controlled group, within the meaning of Treasury Regulations Section 1.150-1(e), of which Issuer is deemed a part. 5. This resolution shall take effect immediately upon its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 263 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33648-111797. A RESOLUTION authorizing execution of Amendment No. 2 to a Subgrant Agreement between the City and the Blue Ridge Small Business Development Center, Inc., for a Small Business Incubator, dated November 1, 1995, for funding of the Small Business Incubator program. 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. 2 to the Subgrant Agreement between the City and the Blue Ridge Small Business Development Center, Inc., for a Small Business Incubator Agreement, dated November 1, 1995, said Amendment No. 2 to extend the period of the agreement and add the additional funds for this Incubator Program, as more particularly set out in the report to this Council dated November 17, 1997. Attorney. The amendment shall be approved as~to form by the City ATTEST: Ma/~~ F. P~ke/ City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33649-111797. A RESOLUTION accepting the bid of Wheel Coach Industries, Inc., for the purchase of two new ambulances, upon certain terms and conditions; and rejecting all other bids made for such items. 264 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Wheel Coach Industries, Inc., to furnish two new ambulances at a total cost of $121,762, 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 ambulances, 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 ambulances, 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 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33650-111797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_~ropriation Public Safety $ 1,123,779.00 DWI Enforcement Enhancement Program 97-98 (1) .... 10,000.00 Revenue Public Safety $ 1,123,779.00 DWI Enforcement Enhancement Program 97-98 (2) ..... 10,000.00 1) Overtime Wages (035-050-3403-1003) 2) State Grant Receipts (035-035-1234-7269) $ 10,000.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33651-111797. A RESOLUTION accepting a certain Driving Under the Influence Enforcement Grant offer made to the City by the Commonwealth of Virginia's Transportation Safety Board 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 Transportation Safety Board of a Driving Under the Influence Enforcement grant in the amount of $10,000.00, such grant being more particularly described in the report of the City Manager, dated November 17, 1997, upon all the terms, provisions and conditions relating to the receipt of such funds. 266 2. The City Manager or his successor in office, or the Assistant City Manager, and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept the grant, including any documents providing for indemnification from the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia's Transportation Safety Board in connection with the City's acceptance of the grant. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33652-111797. AN ORDINANCE AUTHORIZING THE SALE OF THIRTEEN MILLION TEN THOUSAND DOLLARS ($13,010,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1997A, AND NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1997B, AS PART OF A COMBINED ISSUE OF NOT TO EXCEED SIXTY-THREE MILLION TEN THOUSAND DOLLARS ($63,010,000) AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE CITY OF ROANOKE, VIRGINIA; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING THE PREPARATION 267 OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF; AUTHORIZING SUCH CITY TO EXECUTE AND DELIVER A CONTINUING DISCLOSURE CERTIFICATE OF SUCH CITY RELATING TO SUCH BONDS; AND PROVIDING FOR AN EMERGENCY VIRGINIA: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE, SECTION 1. (a)(i) Pursuant to Section 47 of the Charter of the City of Roanoke, Virginia (the "City"), an election duly called and held in the City on November 4, 1997, and Ordinances Nos. 33497-072197 and 33498-072197 adopted by this Council on July 21, 1997, there were authorized to be issued, sold and delivered general obligation bonds of the City in the principal amount of $39,030,000, for the purposes specified in Ordinances Nos. 33497-072197 and 33498-072197. (ii) This Council deems it advisable and in the best interest of the City to authorize and provide for the issuance, sale and delivery of an issue of general obligation public improvement bonds of the City in the aggregate principal amount of $13,010,000 authorized for issuance pursuant to the election and ordinances referred to in subsection (a)(i) hereof to be known and designated as "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997A" (hereinafter referred to as the "1997A Bonds"). (b) (i) Pursuant to Chapter 5.1 of Title 15.1 ofthe Code of Virginia, 1950, recodified effective December 1, 1997 as Chapter 26 of Title 15.2 of the Code of Virginia, 1950, being the Public Finance Act of 1991, and Resolution No. 33373- 050597 adopted by this Council on May 5, 1997, this Council has authorized the issuance of general obligation public improvement refunding bonds of the City in the principal amount of not to exceed $50,000,000, for the purposes specified in Resolution No. 33373-050597. (ii) This Council deems it advisable and in the best interest of the City to provide at this time, and contemporaneously with the issuance, sale and delivery of the 1997A Bonds, for the issuance, sale and delivery of an issue of general obligation public improvement refunding bonds in the aggregate principal amount of not to exceed $50,000,000 authorized for issuance pursuant to the resolution referred to in subsection (b)(i) hereof to be known and designated as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds, Series 1997B" (hereinafter referred to as the "1997B Bonds" and, collectively with the 1997A Bonds, as the "Bonds"). 268 SECTION 2. (a) This Council hereby authorizes the sale of the Bonds, consisting of the 1997A Bonds in the aggregate principal amount of $13,010,000 and the 1997B Bonds in the aggregate principal amount of not to exceed $50,000,000, or a combined aggregate principal amount of not to exceed $63,010,000, in accordance with the provisions of this Ordinance. (b) The Bonds of each series shall be dated such date as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be numbered from No. R-97A-1 upwards in order of issuance in the case of the 1997A Bonds and from No. R-97B-1 upwards in order of issuance in the case of the 1997B Bonds or as shall otherwise be provided by the Director of Finance; shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof; and shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) If any Bond of either series (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be 269 redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling 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. So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to DTC or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. 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 in 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 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized 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 270 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 (tSth) 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 5. (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 or draft mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5. (b) At all times during which any Bond of either series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of either 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. 271 (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be canceled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (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 272 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 7. (a) The proceeds of sale of the 1997A Bonds shall be applied to the payment of the costs of the permanent public improvements specified in Ordinances Nos. 33497-072197 and 33498-072197. (b) The proceeds of sale of the 1997B Bonds shall be applied to the refunding of all or a portion of the outstanding issues of general obligation bonds of the City described in Section 1 of Resolution No. 33373-050597. (c) 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 8. (a) The Bonds shall be sold at competitive sale on such date or dates as shall be determined by the City Manager and 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 City Manager and the Director of Finance are hereby authorized to determine the principal amount of the Bonds of each series and are hereby further authorized to receive proposals for the purchase of the Bonds and, without further action of this Council, to accept the proposal offering to purchase the Bonds at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds exceed eight percent (8.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity as specified in 273 the proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds set forth in Section 2 hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed three percent (3.00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b) 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 9. (a) The 1997A Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the 1997A Bonds, shall be substantially the following forms, respectively, to-wit: 274 (FORM OF 1997A BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES 1997A No. R-96A-1 MATURITY DATE: INTEREST RATE: DATE OF BOND: $ CUSIP NO.: REGISTERED OWNER: m, 1997 770077 PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on __, ~ and 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 , the Registrar and Paying Agent, in the City of 275 , . Principal of, 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 defray the cost to the City of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and the acquisition of real property for the foregoing, pursuant to an ordinance of the Council of the City, adopted on the 21st day of July, 1997, and ratified by a majority of the qualified voters of the City voting at an election legally called, held and conducted on the 4th day of November, 1997, and under and pursuant to the Constitution and statutes of the Commonwealth of Virginia, and the Charter of the City, as amended. Th® Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after 1, ~ are subject to redemption at the option of the City prior to their stated maturities, on or after 1, ~ in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentaqes of Principal Amount) 1, ~ to , 1, ~ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount 276 hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in 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. 277 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 the day of ,1997. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Treasurer City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered mentioned proceedings. pursuant to the within- , Registrar By: Date of Authentication: 278 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 Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. 279 (b) The 1997B Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the 1997B Bonds, shall be in substantially the forms set forth in Section 10 of Resolution No. 33373-050597. SECTION 10. The City Clerk is hereby directed to file a copy of this Ordinance, 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 15.1-227.9 of the Code of Virginia, 1950. SECTION 11. All ordinances and proceedings in conflict herewith are, to the extent of such conflict, repealed. SECTION 12. In order to provide for the public health and safety and 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 Date of Filing with the Circuit Court of the City of Roanoke, Virginia: November m, 1997 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33663-111797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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. 280 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Education $ 22,406,584.00 Huff Lane School Improvements (1-2) .............. 1,350,000.00 Capital Improvement Reserve $ 9,332,582.00 Public Improvement Bonds - Series 1998 (3) ........ (1,350,000.00) Fund Balance Reserved for Fund Balance - Unappropriated (4) ...... $ 1,739,839.00 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Schools 4) Reserved for Fund Balance - Unappropriated (008-060-6089-9001) (008-060-6089-9003) (008-052-9706-9182) (008-3325) $1,350,000.00 (t ,350,000.00) (1,350,000.00) 1,350,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 281 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33654-111797. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping of certain capital improvements. WHEREAS, the City of Roanoke, Virginia ("Issuer") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, on September 22, 1997, the City Council of the Issuer ("Council") adopted a resolution ("Reimbursement Resolution") declaring its intent, in accordance with Treasury Regulations Section 1.150-2 to reimburse expenditures ("Expenditures") made by the Issuer in connection with the construction, renovation and/or equipping of certain improvements at Huff Lane Elementary School ("Project") from the proceeds of debt to be incurred by the Issuer in an amount not to exceed $1,250,000; and WHEREAS, because of an increase in the projected total cost of the Project since the Reimbursement Resolution was adopted on September 22, 1997, the Issuer now expects to finance the Project from the proceeds of debt in an amount not to exceed $2,000,000. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby amends the Reimbursement Resolution to provide that the maximum principal amount of debt that the Issuer expects to be issued for the Project is $2,000,000. 2. Except to the extent modified hereby, the Reimbursement Resolution is hereby ratified and shall remain in full force and effect. 3. This resolution shall take effect immediately upon its passage. /~~ ~ATTEST: Mary F. Parker APPROVED City Clerk Mayor 282 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33655-111797. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1998 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 3, 1997, recommended to Council a Legislative Program to be presented at the 1998 Session of the General Assembly, and Council concurred in such recommendation by motion adopted at its November 3, 1997, meeting; WHEREAS, the Roanoke City School Board approved its Legislative Program for the 1998 Session at the School Board meeting of November 11, 1997, 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 transmitted by report of the Legislative Committee, dated November 3, 1997, and the School Board portion of the Legislative Program transmitted by report of the Legislative Committee, dated November 17, 1997, 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 1998 Session of the General Assembly. 283 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 1998 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:15, on December 15, 1997. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33656-111797. A RESOLUTION memorializing the late William R. Hackley, Sr. WHEREAS, the members of this Council have learned, with sorrow, of the passing on October 16, 1997, of William R. Hackley, Sr.; WHEREAS, Mr. Hackley, a Roanoke native, served with distinction for over 30 years in the Roanoke City School Division; WHEREAS, Mr. Hackley's service included being a teacher, guidance counselor, assistant principal, principal and assistant superintendent prior to his retirement in 1994; WHEREAS, Mr. Hackley while serving as coordinator of human relations at several city schools played an integral role in facilitating desegregation in the City Schools; WHEREAS, Mr. Hackley had a keen love for and interest in children and was known for his ability to resolve problems and to work successfully with adults and children of all ages; and 284 - WHEREAS, this Council desires to take special note of Mr. Hackley's passing and to pay respect to the memory of this former school administrator. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recording its deepest regrets at the passing of the late William R. Hackley, Sr., and extends to Mrs. Mary D. Hackley, his widow, and Mr. William R. Hackley, Jr., his son, 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. Hackley. ATTEST: Mary F. P~rker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1997. No. 33657-111797. A RESOLUTION memorializing the late Andrew W. Hull. WHEREAS, Andrew W. Hull, a Iongtime resident of the Roanoke Valley passed away on October 16, 1997; WHEREAS, Mr. Hull had a distinguished career as a teacher, band director, and school administrator; WHEREAS, Mr. Hull founded the band at Monroe Junior High School and served as director of the band for twenty years prior to becoming the band director at Jefferson High School; WHEREAS, under Mr. Hull's direction, his bands won many local, state and national honors, including "Best in the Parade" in national competitions; 285 WHEREAS, Mr. Hull helped to organize and then served as bandmaster of the Virginia Army National Guard 90th Army Band, a band which won the "Governor's Trophy" for proficiency in training for several years; WHEREAS, Mr. Hull and his late wife Dr. Duvahl Boone Ridgeway-Hull were generous supporters of Longwood College in Farmville, Virginia; and WHEREAS, this Council desires to take special note of Mr. Hull's passing and to pay respect to the memory of this former music educator. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing the many contributions of Andrew W. Hull, and extends to his daughter Mary Hull Swiers and his son George A. Hull and other members of the family 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 Mr. Hull's children. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33658-120197. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 644, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. 286 WHEREAS, Home Depot U.S.A., 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, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 17, 1997, 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, afl. er 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. 644 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 32.68-acre tract of land, designated on Sheet No. 644 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6440117, 6440118 and 6440119, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on November 13, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 644 of the Zone Map be changed in this respect. APPROVED ~~ ~.ATTEST: Mary F. Parker City Clerk Mayor 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33659-120197. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 645, 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, Home Depot U.S.A., Inc., 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 north side of Hershberger Road, N. W., and designated as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly Official Tax Nos. 6450101 and 6450102), which property was previously conditionally rezoned by the adoption of Ordinance No. 25204, adopted July 28, 1980; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 17, 1997, 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 north side of Hershberger Road, N. W., and designated as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly Official Tax Nos. 6450101 and 6450102), 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. 645 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the 288 changes in proffered conditions as shown in the Amended Petition to Change Proffered Conditions filed in the City Clerk's Office on November 13, 1997, and as set forth in the report of the Planning Commission dated November 17, 1997. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33660-120197. 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 ars 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 December 1, 1997. 2. The contract amount authorized by this resolution shall not exceed $500,000 without further Council authorization. Said agreement shall be in such form as is approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 289 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33661-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General and Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_oropriations General Government $10,865,592.00 City Treasurer (1) ................................ 891,169.00 Nondepartmental Contingency - General Fund (2) ..................... Risk Mana~jement Fund Aporo_oriations Operating (3) .................................... $ 6,327,894.00 Revenue $56,626,541.00 (492,336.00) Operating (4) .................................... $ 6,192,856.00 1) Risk Management 2) Contingency 3) Insurance (001-020-1234-7017) (001-002-9410-2199) (019-002-1262-3020) 14,700.00 (14,700.00) 14,700.00 290 4) Billings to the General Fund (019-020-t234-0952) $ 14,700.00 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 ~)' D~a~d A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33662-120197. A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. WEREAS, David C. Anderson has been elected Treasurer of the City of Roanoke for a term commencing January 1, 1998, and ending on December 31, 2001, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon; and WHEREAS, Fidelity and Deposit Company of Maryland, a corporate bonding company, has offered to become the surety on such bond as is prescribed for said Treasurer by the Council pursuant to the provisions of §37 of the City Charter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Before entering upon his duties as Treasurer of the City of Roanoke for the term commencing January 1, 1998, and ending December 31, 2001, the said City Treasurer-Elect, David C. Anderson, shall properly make, execute and 291 lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the aforesaid David C. Anderson and by the surety hereinafter approved, in the sum of $1,000,000.00, conditioned upon said City Treasurer faithfully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by ordinances of this Council. 2. Council hereby approves the Fidelity and Deposit Company of Maryland, a corporate bonding company, authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond. ATTEST: Mary F. P~ar er APPROVED City Clerk Mayor '2, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33663-120197. A RESOLUTION establishing hours of operation for certain City offices on Christmas Eve, December 24, 1997; closing certain City offices on the day after Christmas, December 26, 1997; 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 beginning at 12:00 noon on Wednesday, December 24, 1997, and all day on Friday, December 26, 1997. -~ 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 four hours on Wednesday, December 24, 1997, and eight hours on Friday, December 26, 1997. 292 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 Wednesday, December 24, 1997, and on Friday, December 26, 1997, such employees, regardless of whether they are scheduled to work on December 24 and 26, 1997, shall be accorded equal time off at a later date. 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 Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33664-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General, Civic Center, Transportation, Management Services, and 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 1997-98 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: General Fund Ap~ro.~riations General Government Director of Finance (1) ............................ Personnel Management (2) ........................ City Attorney (3) ................................. City Treasurer (4) ................................ Real Estate Valuation (5) .......................... Supply Management (6) ........................... $10,890,586.00 1,826,441.00 772,451.00 640,686.00 882,375.00 922,481.00 337,675.00 Judicial Administration $ 4,402,959.00 Magistrate's Office (7) ............................ 6,653.00 Public Safety Police - Patrol (8) ................................ Fire - Operations (9) .............................. Building Inspection (10) .......................... Crisis Intervention (11) ........................... $39,092,497.00 8,254,795.00 10,855,528.00 968,086.00 473,460.00 Public Works Building Maintenance (12) ......................... Communications (13) ............................. Snow Removal (14) ............................... Parks and Grounds Maintenance (15-16) ............ Engineering (17) ................................ $25,283,748.00 3,288,334.00 2,244,045.00 205,969.00 4,069,025.00 1,476,274.00 Health and Welfare $23,078,719.00 Social Services - Services (18) ..................... 6,838,578.00 Parks, Recreational and Cultural Libraries (19) .................................... Cultural Services Committee (20-21~ ................ $ 4,310,971.00 2,135,678.00 521,819.00 Community Development $ 2,820,994.00 Memberships and Affiliations (22-23) ................ 1,364,384.00 Nondepartmental $56,742,041.00 Transfers to Other Funds (24-25) .................... 55,959,662.00 293 294 - Fund Balance Reserved for CMERP - City (26) ..................... $ Civic Center Fund Appropriations Capital Outlay - Equipment (27) ..................... $ Revenue Nonoperating (28) ................................ $ Trans_oortation Fund A_~_oro_oriations Williamson Road Parking Garage (29) ................ $ Revenue Nonoperating (30) ................................ $ Mana_~ement Services Fund Ap_oro_oriations Capital Outlay (31) ................................ $ Retained Earnin_~s Retained Earnings - Unrestricted (32) ................. $ Utility_ Line Services Fund A_o_~ro_oriations Operating (33) .................................... $ Capital Outlay (34-35) .............................. 4,616,454.00 570,850.00 992,162.00 343,625.00 1,102,773.00 83,689.00 228,140.00 3,031,043.00 449,474.00 295 Retained Earnings Retained Earnings - Unrestricted (36) ................. $ 1,982,103.00 1) Other Equipment (001-004-1231-9015) $ 10,000.00 2) Other Equipment (001-002-1261-9015) 5,265.00 3) Other Equipment (001-003-1220-9015) 14,000.00 4) Other Equipment (001-020-1234-9015) 6,212.00 5) Other Equipment (001-023-1235-9015) 5,800.00 6) Furniture and Equipment 7) Expendable Equipment 8) Other Equipment 9) Other Equipment 10) Other Equipment 11) Other Equipment 12) Maintenance - Third Party Contract 13) Other Equipment 14) Other Equipment 15) Other Equipment 16) Project Supplies 17) Fees for Professional Services 18) Administrative Supplies 19) Other Equipment 20) Mill Mountain Zoo 21) Center in the Square 22) VWCC 23) Convention and Visitors Bureau 24) Transfer to Civic Center Fund 25) Transfer to Transportation Fund 26) Reserved for CMERP - City 27) Other Equipment (001-056-1237-9005) (001-070-2121-2035) (001-050-3113-9015) (001-050-3213-9015) (001-052-3410-9015) (001-054-3360-9015) (001-052-4330-3056) (001-050-4130-9015) (001-052-4140-9015) (001-052-4340-9015) (001-052-4340-3005) (001-052-4310-2010) (001-054-5314-2030) (001-054-7310-9015) (001-054-5221-3701) (001-054-5221-3706) (001-002-7220-3710) (001-002-7220-3702) (001-004-9310-9505) (001-004-9310-9507) (001-3323) (005-056-2108-9015) 12,981.00 969.00 62,324.00 40,100.00 1,578.00 4,000.00 12,000.00 47,425.00 27,340.00 29,000.00 25,000.00 75,000.00 7,800.00 28,695.00 53,700.00 26,915.00 54,790.00 25,628.00 37,000.00 50,000.00 (663,522.00) 37,000.00 296 28) Transfer from General Fund 29) Maintenance - Equipment 30) Transfer from General Fund 31) Other Equipment 32) Retained Earnings - Unrestricted 33) Expendable Equipment 34) Other Equipment (00S-020-1234-0951) (007-056-820S-2048) (007-020-1234-1037) (015-002-1618-9015) (015-3336) (016-056-2625-2035) (016-056-2626-9015) 35) Vehicular Equipment (016-056-2626-9010) 36) Retained Earnings- Unrestricted (016-3336) 37,000.00 50,000.00 50,000.00 40,000.00 (40,000.00) 4,250.00 75,000.00 59,000.00 (138,250.00) 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 December, 1997. No. 33665-120t 97. A RESOLUTION accepting the bid of Magic City Motor Corporation for four new 4-wheel drive pickup trucks with snow plow assemblies; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 297 1. The bid of Magic City Motor Corporation, made to the City, offering for purchase four new 4-wheel drive pickup trucks with snow plow assemblies, meeting all the City's specifications and requirements therefor, for a total cost of $92,511.80.00, 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 orders 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33666-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 298 General Fund Appro_oriation Nondepartmental Transfem to Other Funds (1) ...................... Fund Balance Reserved for CMERP - City (2) ...................... $ Fleet Mana~_ement Fund A_~_~ro_~riation Capital Outlay (3) ................................. $ Revenue Nonoperating (4) ................................. $ (001-004-9310-9506) (001-3323) (017-052-2642-9010) 1) Transfer to Fleet Management Fund 2) Reserved for CMERP - City 3) Vehicular Equipment 4) Transfer from General Fund $ 456,965.00 (456,965.00) 456,965.00 (017-020-1234-0951) 456,965.00 $ 57,112,006.00 552,033.00 4,159,489.00 4,340,059.00 582,033.00 BEITFURTHERORDAINEDthat, an emergencyexisting, this Ordinance shall bein effectfrom itapassage. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 299 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33667-120197. A RESOLUTION accepting bids made to the City for furnishing and delivering certain vehicular equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following bids, made to the City, offering to furnish and deliver certain vehicular equipment, meeting all the City's specifications and requirements therefor, for the combined amounts specified, which bids are on file in the Office of Supply Management, are hereby ACCEPTED. Item Description Successful Bidder Amount 12- New Full Size Police Berglund-Ford-Pontiac- $240,862.00 Automobiles Mazda, Inc. 9 - New Intermediate Class Berglund Chevrolet, Inc. $141,267.42 Automobiles 1 - New 8-Passenger Magic City Motor Corporation $107,262.94 Window Van 3 - New Full 3/4 Ton 4-Wheel Drive Pick-up -:-~ Trucks I - New Full Size 1/2 Ton Pick-up Truck 1 - New Mid-size Pick-up Truck 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this resolution. 300 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33668-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ro_~riations Fifth District Employment and Training Consortium FY97-98 Title II - A (1-25) .................................. Title II - C (26-27) ................................. Other Jurisdictional Contributions (28-33) ............ Title III (34-35) ................................... Title III - 40% (36-37) .............................. $ 4,152,385.00 428,485.OO 53,439.00 10,395.00 274,173.00 350,900.00 301 Revenue Fifth District Employment and Training Consortium FY97-98 Title II - A (38) ................................... Title II - C (39) .................................... Other Jurisdictional Contributions (40) ............... Title III (41) ...................................... Title III -40% (42) ................................. $ 4,152,385.00 428,485.00 53,439.00 10,395.00 274,173.00 350,900.00 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) Training Wages 10) Training Fringes 11) Training Travel 12) Training Communications 13) Training Supplies 14) Training Equipment 15) Training Miscellaneous 16) FDETC I/R 17) FDETC OJT 18) Services Wages 19) Services Fringes 20) Services Travel 21) Services Communications (034-054-9861-8350) $ (034-054-9861-8351) (034-054-9861-8352) (034-054-9861-8353) (034-054-9861-8355) (034-054-9861-8356) (034-054-9861-8359) (034-054-9861-8360) (034-054-9861-8050) (034-054-9861-8051) (034-054-9861-8052) (034-054-9861-8053) (034-054-9861-8055) (034-054-9861-8059) (034-054-9861-8060) (034-054-9861-8500) (034-054-9861-8501) (034-054-9861-8030) (034-054-9861-8031) (034-054-9861-8032) (034-054-9861-8033) 7,500.00 1,750.00 1,000.00 500.00 1,500.00 500.00 4,000.00 2,000.00 3,500.00 875.00 250.00 250.00 250.00 5,000.00 1,000.00 37,374.00 5,000.00 4,000.00, 1,000.00 250.00 250.00 302 22) Services Supplies (034-054-9861-8035) 23) Services Insurance (034-054-9861-8036) 24) Services Miscellaneous (034-054-9861-8040) 25) Supportive Services (034-054-9861-8461) 26) FDETC IIR (034-054-9863-8500) 27) Supportive Services (034-054-9863-8461) 28) Administrative Wages (034-054-9880-8350) 29) Administrative Fringes (034-054-9880-8351) 30) Administrative Communications (034-054-9880-8353) 31) Administrative Supplies (034-054-9880-8355) 32) Administrative Insurance (034-054-9880-8356) 33) Administrative Miscellaneous (034-054-9880-8360) 34) TraininglFDETC IIR (034-054-9881-8500) 35) Supportive Services (034-054-9881-8461) 36) Supportive Services (034-054-9882-8461) 37) Training/FDETC IIR 38) Title II A Revenue 39) Title II C Revenue 40) Other Jurisdictional Contributions 41) Title III Revenue 42) Title III - 40% Revenue (034-054-9882-8500) (034-034-1234-9861) (034-034-1234-9863) (034-034-1234-9880) (034-034-1234-9881) (034-034-1234-9882) 250.00 250.00 500.00 15,000.00 772.00 5,000.00 805.00 215.00 100.00 1,000.00 5,000.00 3,275.00 19,000.00 8,174.00 39,000.00 11,900.00 93,749.00 5,772.00 t0,395.00 27,174.00 50,900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 303 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33669-121597. AN ORDINANCE amending and reordaining subsection (a) of §22.1-44, Normal Service Retirement, of the Code of the City of Roanoke (1979), as amended, to provide retirement service credit for firefighters who were previously employed in an emergency medical services capacity, subject to certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: §22.1-44. Normal Service Retirement. (a) Eligibility. A member who remains an active member until his normal retirement age shall be eligible to receive a normal retirement benefit commencing on the first day next following the date of his termination of employment. Normal retirement ages are: (1) For firefighters and deputized police officers the earlier of (i) attainment of age sixty-five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and twenty-five (25) years of creditable service. Only service as a firefighter or deputized police officer shall be credited to determine eligibility; provided, however, should any firefighter or deputized police officer become disabled for his regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the city service, then such employee shall continue to accrue creditable service as a firefighter or deputized police officer and shall remain subject to the normal retirement age established by this subsection as if he had 304 remained a firefighter or deputized police officer. Any member employed on December 1, 1997, as a firefighter who was employed by the City in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1, 1989, or (ii) the date on which the employee became a member working in an emergency medical services capacity. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33670-121597. A RESOLUTION recognizing the mefit°rious service rendered to the City by the Honorable W. Alvin Hudson, Sheriff. WHEREAS, the Honorable W. Alvin Hudson, Sheriff, will be retiring on December 31, 1997, after a distinguished career of 48 years in law enforcement; WHEREAS, Sheriff Hudson began his law enforcement career as a patrol officer in the Roanoke City Police Department in 1950, and rose through the ranks to the rank of Commander in which capacity he served for 10 years; WHEREAS, during his career with the Roanoke City Police Department, Sheriff Hudson was closely involved in the establishment of the Roanoke City Police Academy, was responsible for the investigation and apprehension of the perpetrators of major crimes committed in the City and was assigned to security for Presidents John F. Kennedy, Lyndon B. Johnson, Jimmy Carter and Richard M. Nixon; 305 WHEREAS, in 1977, W. Alvin Hudson was appointed Sheriff by the five Circuit Court Judges of the Twenty-Third Judicial Circuit; WHEREAS, at the time of his appointment, the current City Jail was under construction, and Sheriff Hudson assumed responsibility for establishing policy for the new facility, hiring new personnel and training new and existing personnel, and he handled all these functions in exemplary fashion; WHEREAS, in 1981, Sheriff Hudson was appointed to a State committee responsible for the establishment of the first "minimum standards for local jails and Iockups", and after the adoption of the standards, the City Jail was the first jail in Virginia to achieve 100% compliance with all standards; WHEREAS, during Sheriff Hudson's tenure, the population of the City Jail rose from 162 to almost 800, and during this period he successfully led two expansions of the City Jail to accommodate the inmate population; and WHEREAS, Sheriff Hudson has been consulted on a regular basis by City and State elected and administrative officers who trust and value his opinion, and he has served the City with the utmost loyalty and devotion, displaying the highest professionalism and competence, and, in particular, attributes of honesty, integrity, compassion, commitment, fairness and loyalty; 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 and its people by the Honorable W. Alvin Hudson, Sheriff. APPROVED ATTEST: City Clerk Mayor 306 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33671-121597. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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 1997-98 School and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund A_~proDriations Education Tutors for Success Program 97-98 (t-5) ............ Adult Measure of Essential Skills 97-98 (6) ......... Facilities (7-15) ................................. $111,814,663.00 4,700.00 5,500.00 1,938,558.00 Revenue Education Tutors for Success Program 97-98 (16) ............. Adult Measure of Essential Skills 97-98 (17) ......... Non-Operating (18) ............................. $109,167,046.00 4,700.00 5,500.00 40,716,608.00 General Fund ADnroDriations Nondepartmental $ 56,697,652.00 Transfers to Other Funds (19) ..................... 55,934,973.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (20) ...................... $ 826,322.00 1) Tutors (030-060-6972-6214-0121) 2) Professional Develop- ment 3) Social Security 4) Instructional Materials 5) Field Trips 6) Instructional Materials 7) Athletic Fund Deficit Reduction 8) Athletic Grounds Improvements (030-060-6972-6214-0129) (030-060-6972-6214-0201 ) (030-060-6972-6214-0614) (030-060-6972-6214-0583) (030-060-6702-6334-0614) (030-060-6006-6106-0809) (030-060-6006-6682-0851) 9) Vehicle Replacement- Transportation (030-060-6006-6683-0804) 10) Facility Improve- ments- Forest Park (030-060-6006-6681-0851 ) 11) Facility Improve- ments- Roanoke Academy (030-060-6006-6681-0851) 12) Facility Improve- ments- Breckinridge (030-060-6006-6681-0851) 13) Facility Improve- ments- Patrick Henry (030-060-6006-6681-0851 ) 14) Roof Design - Fishburn Park (030-060-6006-6896-0809) 15) Roof Repairs - William Fleming (030-060-6006-6896-0809) 16) Fees (030-060-6972-1103) 17) State Grant Receipts (030-060-6702-1100) 18) Transfer from General Fund (030-060-6000-1037) 19) Transfer to School Fund (001-004-9310-9530) 20) CMERP - School (001-3324) $ 2,787.00 697.00 266.00 300.00 650.00 5,500.00 19,153.00 1,000.00 1,500.00 1,800.00 4,548.00 30,372.00 4,818.00 7,750.00 5,170.00 4,700.00 5,500.00 76,111.00 76,111.00 (76,111.00) 307 308 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Par~er APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33672-121597. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for replacing Addison Middle School with a new structure. WHEREAS, the School Board for the City of Roanoke, on the 15th day of December, 1997, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $5,000,000.00, for replacing the present school building at Addison Middle 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 $5,000,000.00 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. Mary F. Parker APPROVED David A. Bowers City Clerk Mayor 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33673-121597. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General, Water, Sewage Treatment, Transportation, Capital Projects, Management Services, Utility Line Services, Fleet Management 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 1997-98 General, Water, Sewage Treatment, Transportation, Capital Projects, Management Services, Utility Line Services, Fleet Management and Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund Appropriations Other Infrastructure Regional Radio System (1-3) ...................... Capital Improvement Reserve 1997 General Obligation Bonds (4) ................. $13,863,362.00 5,651,711.00 3,432,582.00 (7,250,000.00) Revenue Due from Third Party (5) .......................... $ 2,544,154.00 General Fund A_o_oropriations Nondepartmental Transfers to Other Funds (6-7) .................... $ 56,901,241.00 56,118,862.00 310 Fund Balance Residual Equity from Nursing Home (8) ............. Water Fund A_o_oro_oriations Transfers to Other Funds (9) ....................... Retained Earnings Retained Earnings -Unrestricted (10) ................ Sewa_ue Treatment Fund A0_oro_oriations Transfers to Other Funds (11) ...................... Retained Earninqs Retained Earnings - Unrestricted (12) ................ Trans0ortation Fund A_o_oro_oriation$ Transfers to Other Funds (13) ...................... Retained Earnings Retained Earnings - Unrestricted (14) ................ Manau_ement Services Fund A_opro_oriations Transfers to Other Fbnds (15) ...................... $ 0.00 $ 233,446.00 $ 29,645,307.00 $ 37,071.00 $ 24,921,947.00 $ 888,893.00 $ 1,429,406.00 $ 13,471.00 Retained Earnings Retained Earnings - Unrestricted (16) ................ $ Utility_ Line Services Fund A_~_oro_oriations Transfers to Other Funds (17) ...................... $ Retained Earnings Retained Earnings - Unrestricted (18) ................ $ Fleet Management Fund A_~_oro_~riations Transfers to Other Funds (19) ...................... $ Retained Earnings Retained Earnings - Unrestricted (20) ................ $ Risk Management Fund A_o_oropriations Transfers to Other Funds (21) ...................... $ Retained Earnings Retained Earnings - Unrestricted (22) ............... $ 1) Appropriated from Bond Funds 2) Appropriated from Capital Lease Proceeds 3) Appropriated from General Revenue 4) Buildings (008-050-9614-9001 ) (008-050-9614-9035) (008-050-9614-9003) (008-052-9706-9183) 254,669.00 197,828.00 1,922,525.00 69,478.00 3,847,804.00 4,804.OO 51,083.00 $ 1,250,000.00 2,544,154600 1,857,557.00 (1,250,000.00) 311 312 5) Due from Third Party (008-1265) 6) Transfer to Capital Projects Fund 7) Transfer to Nursing Home Fund 8) Residual Equity from Nursing Home 9) Transfer to Capital Projects Fund 10) Retained Earnings - Unrestricted 11) Transfer to Capital Projects Fund 12) Retained Earnings - Unrestricted 13) Transfer to Capital Projects Fund 14) Retained Earnings - Unrestricted 15) Transfer to Capital Projects Fund 16) Retained Earnings - Unrestricted 17) Transfer to Capital Projects Fund 18) Retained Earnings - Unrestricted 19) Transfer to Capital Projects Fund 20) Retained Earnings - Unrestricted 21) Transfer to Capital Projects Fund 22) Retained Earnings - Unrestricted (001-004-9310-9508) (001-004-9310-9509) (001-3339) (002-056-2160-9508) (002-3336) (003-056-3150-9508) (003-3336) (007-056-8240-9508) (007-3336) (015-002-1617-9508) (015-3336) ( 016-056-2625-9508 ) (016-3336) (017-056-2641-9508) (017-3336) (019-002-1262-9508) (019-3336) 2,544,154.00 439,000.00 (179,000.00) (260,000.00) 233,446.00 (233,446.00) 37,071.00 ( 37,071.00) 29,682.00 ( 29,682.00) 13,471.00 ( 13,471.00) 197,828.00 (197,828.00) 69,478.00 ( 69,478.00) 4,804.00 ( 4,804.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: '~. Ma~~ F.~rker' ~~~'~ APPROVED City Clerk Mayor 313 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33674-121597. AN ORDINANCE authorizing the City Manager to enter into a contract with the County of Roanoke and with Motorola Inc. and a lease purchase agreement with Motorola Credit Corporation for the acquisition of a Regional 800 MHz Trunked Radio System; 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, the requisite contract, including any other related documentation, with the County of Roanoke and Motorola, Inc., to provide for acquisition of a Regional 800 MHz Trunked Radio System. The total amount of the contract shall be $6,886,847, with the City's share being $6,004,898 and with the County's share being $881,949. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, a lease purchase agreement with Motorola Credit Corporation in the principal amount of $2,544,154, plus interest of $459,456.85, to provide for a portion of the funding required for the acquisition referenced above from Motorola, Inc. The term of the lease purchase agreement shall be seven years. 3. The contract and the lease purchases agreement shall contain such terms and conditions, including any required indemnification provisions, as the City Manager determines are reasonable and necessary, and the form of the documents shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated December 15, 1997. 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 314 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33675-121597. AN ORDINANCE to amend and reordain subsection (b) of §2-41, Military_ Leave, Code of the City of Roanoke (1979), as amended, to provide for accrual of vacation leave, paid leave and extended illness leave during military leave; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (b) of §2-41, Military_ Leave, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2-41. Military_Leave (b) Any employee of the city who is a former member of the armed services or a member of the organized reserve forces of any of the armed services of the United States, national guard or naval militia shall be entitled to leaves of absence from his duties, without loss of seniority, accrued leave or efficiency rating on all days during which he shall be engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of section 44- 75.1 or section 44-78.1, Code of Virginia. There shall be no loss of pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed fifteen (15) workdays per federal fiscal year, and except that no employee shall receive paid leave for more than fifteen (15) workdays per federally funded tour of active military duty. Each employee accorded military leave pursuant to this section shall be deemed to have earned vacation leave, paid leave and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City; provided, however, accrual of all forms of leave shall cease after one (1) year of military leave. 315 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 retroactive to January 1, 1997. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33676-121597. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees serving in the Bosnian Effort. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay to any City employee who, between December 16, 1995, and December 31, 1998, is called to active duty related to the Bosnian Effort a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. 2. Any City vacation or paid leave used by such employees during active duty related to the Bosnian Effort shall be restored. 3. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 316 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. APPROVED ATTEST: ~ City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33677-121597. AN ORDINANCE approving and authorizing execution of appropriate license agreements with the Virginia Holding Corporation and the Norfolk and Western Railway Company to allow installation of a sanitary sewer pipeline across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Replacement Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, the appropriate license agreements with the Virginia Holding Corporation and the Norfolk and Western Railway Company for installation of a sanitary sewer pipeline across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Replacement Project, upon the terms and conditions contained in the report to this Council dated December 15, 1997. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 317 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33678-121597. A RESOLUTION authorizing an amendment to the Contract between the City and Thomas A. Dick relating to legislative liaison services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Contract between the City and Thomas A. Dick, dated January 7, 1997, relating to the provision of legislative services to the City by Mr. Dick shall be amended to provide that Mr. Dick shall work not to exceed 160 hours during any short Session of the General Assembly and not to exceed 180 hours during any long Session of the General Assembly; between Sessions of the General Assembly, Mr. Dick shall be authorized to work not to exceed 80 hours on behalf of the City. 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, an Amendment to the agreement between the City and Thomas A. Dick extending such an agreement on a the basis authorized by Section 1 of this resolution. 3. The amount of the Contract authorized by this resolution shall not exceed $32,000 plus out-of-pocket expenses for calendar year 1998. City Attorney. The form of the Contract with Mr. Dick shall be approved by the Mary F. Parker APPROVED City Clerk Mayor 318 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33679-121597. A RESOLUTION rejecting all bids for the remodeling and upgrading of the municipal swimming pools at Washington Park and Fallon Park. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for the remodeling and upgrading of the municipal swimming pools at Washington Park and Fallon Park, 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. ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33680-121597. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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. 319 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_DoroDriations Nondepartmental $56,760,541.00 Transfer to Other Funds (1) ....................... 55,978,162.00 Fund Balance Reserved for CMERP - City (2) .................... $ 5,160,676.00 CaDital Pro_iects Fund A_o_oro_oriations Recreation $ 781,075.00 Main Library Roof Repair and Asbestos Abatement (3).. 119,300.00 1) Transfer to Capital Projects Fund 2) Reserved for CMERP-City 3) Appropriated from Bond Funds (001-004-9310-9508) (001-3323) (008-052-9624-9001 ) $ 119,300.00 (119,300.00) 119,300.00 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 320 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33681-121597. AN ORDINANCE accepting the bid of Landis & Staefa, Inc. for new fire alarm and temperature controls and related work at the Roanoke Civic 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 Landis & Staefa, Inc. in the total amount of $624,888 for new fire alarm and temperature controls and related work at the Roanoke Civic Center, as is more particularly set forth in the City Manager's report dated December 15, 1997, 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: p4~k,,g,~n~,~' P P R O V E D Mary F. P~ar er City Clerk Mayor 321 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33682-121597. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 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_oro_oriations Nondepartmental $56,760,541.00 Transfer to Other Funds (1) ........................ 55,978,162.00 Fund Balance Reserved for CMERP - City (2) ..................... $ 5,160,676.00 Ca_~ital Pro_iects Fund A_D_oro_oriations Recreation $ 781,075.00 Main Library Roof Repair and Asbestos Abatement (3).. 119,300.00 1) Transfer to Capital Projects Fund 2) Reserved for CMERP-City 3) Appropriated from Bond Funds (001-004-9310-9508) (001-3323) (008-052-9624-9001) $ 119,300.00 (119,300.00) 119,300.00 322 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ · r avid A Bowers City Clerk ................ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33683-121597. AN ORDINANCE allowing the withdrawal of a bid by Woodward West; accepting the bid of Consolidated Industrial Roofing, Inc. for asbestos abatement and reroofing portions of the existing Roanoke City Public Library (Main Library), 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 request of Woodward West to withdraw its bid for asbestos abatement and reroofing portions of the Roanoke City Public Library (Main Library) due to an unintentional arithmetic error or omission is hereby granted and the said bid is deemed withdrawn. 2. The bid of Consolidated Industrial Roofing, Inc. in the total amount of $100,155 (which includes the Base Bid and Additive Bid No. 2) for asbestos abatement and reroofing portions of the existing Roanoke City Public Library (Main Library), as is more particularly set forth in the City Manager's report dated December 15, 1997, 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. 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 with the successful bidder, based on its proposal made 323 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 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. 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 15th day of December, 1997. No. 33684-121597. A RESOLUTION expressing the appreciation of Council for the work of the Roanoke Regional Chamber of Commerce in support of the recent Bond Issue Referendum. WHEREAS, on July 21, 1997, this Council approved a $39,000,000 Bond Referendum, subject to approval by the electorate; WHEREAS, this Referendum was the largest in the City's history; WHEREAS, numerous capital improvement projects involving public schools, parks, bridges, economic development, buildings, streets and sidewalks, and storm drain improvements were included in the bond issue; 324 WHEREAS, the Roanoke Regional Chamber of Commerce (Chamber) led a well organized campaign encouraging voters to support the Bond Issue; WHEREAS, the Chamber did an excellent job of educating the voters on the need for such Bond Issue; WHEREAS, an overwhelming percentage of the electorate voted on November 4, 1997, to approve the Bond Issue; and Chamber. WHEREAS, such approval was in large part, due to the efforts of the THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council commends the Roanoke Regional Chamber of Commerce for its work on behalf of the Bond Referendum. 2. The Clerk is directed to forward a certified copy of this resolution to John M. Stroud, President, Roanoke Regional Chamber of Commerce. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33685-121597. A RESOLUTION commending the Central Council PTA for its efforts in support of the recent Bond Issue Referendum. WHEREAS, on July 21, 1997, the Council of the City of Roanoke approved a $39,000,000 Bond Referendum, which was submitted for approval by the electorate; 325 WHEREAS, the Referendum was the largest in the City's history; WHEREAS, the Bond Issue will fund various capital improvement projects, including economic development projects and public school, park, bridge, building, street and sidewalk, and storm drain improvements; WHEREAS, the Central Council PTA provided excellent support for the Bond Referendum through many avenues such as providing speakers at numerous meetings and distributing information about the Bond Referendum; and WHEREAS, the Bond Referendum was approved by an overwhelming vote of the electorate on November 4, 1997, thanks in large part to the efforts of the Central Council PTA. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council extends its sincere appreciation to the Central Council PTA for its efforts in helping secure the voters' approval of the Bond Referendum. 2. The Clerk is directed to forward a certified copy of this resolution to Sue Gaylor, President, Central Council PTA. ATTEST: /~ A P P R O V E D · er City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1997. No. 33689-121597. A RESOLUTION supporting tax exemption of property in the City of Roanoke to be conveyed to The Roanoke Foundation for Downtown, Inc. and used by it exclusively for cultural, educational and historical purposes on a non-profit basis. 326 WHEREAS, The Roanoke Foundation for Downtown, Inc. (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1998 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, Council has determined that Applicant's petition was not received in the City Clerk's Office in accordance with the time period set forth in the City policy regarding requests for support of a bill to exempt property from taxation adopted by Resolution No. 30884-021892 on February 18, 1992 (the "Policy"), but the petition was sent by cover letter dated November 12, 1997, and a copy of the letter and petition was received in at least one City office on November 13, 1997; WHEREAS, in light of these facts, the time requirement set forth in the Policy is waived in this particular case; 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 December 15, 1997; 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 or will be the building or buildings and as much land as is reasonably necessary to the use of the building or buildings, providing such real property shall be used by the Applicant exclusively for cultural, educational and historical 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 1998 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 tax levy, which would be applicable to real property to be acquired by the Applicant were the Applicant not exempt from such taxation, for so long as the applicant's real property is exempted from State and local taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 327 1. Council supports a bill to be introduced at the 1998 Session of the General Assembly whereby The Roanoke Foundation for Downtown, Inc., a non- profit organization, seeks to be classified and designated an organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby property 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, 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 tax levy, which would be applicable to real property of the Applicant, in the City of Roanoke, were the Applicant not exempt from State and local taxation, for so long as the Applicant is exempted from State and local 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 Applicant will own real property currently assessed at $1,925,000.00, representing a real property tax liability of $23,485.00 for the 1997-98 tax year, and Council recommends to the General Assembly that the specific classification shall be cultural, educational, or historical. 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 Joseph B. Wright, Applicant's President, cio R. Matthew Kennell. 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. ATTEST: APPROVED City Clerk Mayor 328 ACCEPTED, AGREED TO and EXECUTED by The Roanoke Foundation for Downtown, Inc., this ~ day of ,19 . ROANOKE FOUNDATION FOR DOWNTOWN, INC. By (SEAL) Title IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33686-010598. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 126, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, ManorCare Health Services, Inc., and Roanoke Lodge No. 19, Benevolent and Protective Order of Elks of the United States of American, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single Family District, to RM-2, Residential Multi-family, Medium Density 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 November 17, 1997, and continued at the request of Petitioner to December 15, 1997, 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 329 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. 126 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 3.628-acre tract of land located at 1147 Persinger Road, S. W., and designated on Sheet No. 126 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1260214, be, and is hereby rezoned from RS-2, Residential Single Family Residential District, to RM-2, Residential Multi-family, Medium Density District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on December 15, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 126 of the Zone Map be changed in this respect. ATTEST: p~.~,._..A P P R O V E D Ma'~~ F. p~a er~' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33687-010598. 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, subject to certain conditions proffered by the applicant. WHEREAS, Jack and Janet Bennett, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and 330 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 15, 1997, 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: New Lot 2, Block 12 and 14, Map of Laurel Terrace, located at 639 Liberty Road, N. E., and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3131003, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on October 9, 1997, and that Sheet No. 313 of the Zone Map be changed in this respect. APPROVED Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Mayor The 5th day of January, 1998. No. 33688-010598. AN'ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 548, 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. 331 WHEREAS, Springwood Associates, LLC, filed and application to'the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located on the north end of Griffin Road adjacent to the east side of Franklin Road, S. W., and being further identified as Official Tax No. 5480712, which property was previously conditionally rezoned by the adoption of Ordinance No. 32867-040196, adopted April 1, 1996, and the original proffered conditions were amended by Ordinance No. 33355-050597, 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 December 15, 1997, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be removed as requested and replaced by the proffers contained in the Second Amended Petition to Change Proffered Conditions filed in the City Clerk's Office on November 10, 1997. 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. 648 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Annual Petition to Change Proffers filed in the City Clerk's Office on November 10, 1997, and as set forth in the report of the Planning Commission dated December 15, 1997. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33690-010598. A RESOLUTION expressing the support of the City of Roanoke, Virginia, for American Electric Power's Wyoming-Cloverdale 765 kV transmission line project. WHEREAS, approximately 48,000 residential, commercial and industrial customers of Appalachian Power Company, dlbla American Electric Power ("AEP") in the City of Roanoke, rely upon AEP to supply their electricity needs economically and reliably; WHEREAS, the availability of reliable and reasonably priced electricity is essential to the social and economic well being of the citizens, businesses and industries of the City, as well as other areas served by AEP; WHEREAS, beginning in 1990, and more recently in applications filed on September 30, 1997, with the Virginia State Corporation Commission and the West Virginia Public Service Commission, AEP has proposed the construction of a 765 kV transmission line from its Wyoming Station near Oceana, West Virginia, to its Cloverdale Station, at Cloverdale, Virginia ("the Wyoming-Cloverdale 765 kV Line"), to provide needed electric capacity to serve the Company's Central and Eastern areas; WHEREAS, the Virginia State Corporation Commission stated in a December 13, 1995, Interim Order in an earlier proceeding on the proposed line that, based on the record, there is "... compelling need for additional electronic capacity to serve Appalachian's Central and Eastern Regions..." and that the proposed transmission line "may be the most reasonable method of addressing this compelling need ..."; WHEREAS, in its August, 1996, Report to the President in the wake of the recent blackouts in the Western United States during the summer of 1996, the U. S. Department of Energy, identified delays in the Wyoming-Cloverdale 765 kV Line as one of only two areas of significant concern within the United States regarding reliability of the nation's electricity supply; WHEREAS, in a report issued to the Department of Energy in March, 1997, an independent body of experts from three area electricity reliability councils concluded that the delayed completion of the Wyoming-Cloverdale 765 kV Line will 333 result in a significant risk to the power supply reliability affecting a large area of the eastern United States and that the proposed line is an effective way to mitigate the potential for widespread power interruptions; WHEREAS, the City Council recognized that an unreliable power supply, and even the prospect of an unreliable power supply, can exert a powerful dampening effect on economic development and could sap the vitality and competitiveness of existing business and industry, and affect their expansion decisions, in the City and surrounding region; and WHEREAS, the City Council recognized that interruptions of the power supply to the citizens and businesses of the City could cause significant economic damage and other serious health related and safety impacts in the City and the surrounding region; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby expresses its support for AEP's proposed Wyoming-Cloverdale 765 kV Transmission Line. 2. In light of the growing urgency of the need for transmission enforcement, the Council hereby requests that Virginia State Corporation Commission complete its assessment of AEP's application in a timely manner and approve the proposed transmission line and a Virginia location for the line. 3. The City Clerk is hereby directed to send certified copies of this Resolution to the Virginia State Corporation Commission, the West Virginia Public Service Commission and the United States Forest Service. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 334 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33691-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 and Fleet Management Fund Appropriations, and providing for an 1) Transfer to Fleet Management Fund (001-004-9310-9506) 2) Reserved for CMERP - City (001-3323) $ 81,471.00 (81,471.00) General 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 1997-98 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_~ro=riations Nondepartmental $57,687,388.00 Transfers to Other Funds (1) ...................... 56,939,709.00 Fund Balance Reserved for CMERP - City (2) ..................... $ 3,958,718.00 Fleet Mana_~ement Fund A_~_oro_oriations Capital Outlay (3) ................................. $ 4,421,530.00 Revenue Nonoperating (4) ................................. $ 663,504.00 335 3) Vehicular Equipment (017-052-2642-9010) 4) Transfer from General Fund (017-020-1234-0951) 81,471.00 81,471.00 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~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33692-010598. A RESOLUTION accepting a bid made to the City for furnishing and delivering one new Tricycle Type Street Sweeper; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid submitted by Virginia Public Works Equipment Company, offering to furnish and deliver one new Tricycle Type Street Sweeper, meeting all the City's specifications and requirements therefor, at a total cost of $81,471, which bid is on file in the Office of Supply Management, is hereby ACCEPTED, all as more fully set forth in the report to this Council dated January 5, 1998. 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. 336 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: APPROVED DavidA. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33693-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_~Dro_r)riation~ Nondepartmental $57,883,891.00 Transfer to Other Funds (1) ........................ 57,136,212.00 Fund Balance Reserved for CMERP - City (2) ...................... $ 3,762,215.00 337 Fleet Mana_~ement Fund A_~_~ro_oriations Capital Outlay (3) .................................. $ 4,618,033.00 Revenue Nonoperating (4) .................................. $ 860,007.00 1) Transfer to Fleet Management Fund (001-004-9310-9506) 2) Reserved for CMERP - City (001-3323) 3) Vehicular Equipment (017-052-2642-9010) 4) Transfer from General Fund (017-020-1234-0951) $ 196,503.00 (196,503.00) 196,503.00 196,503.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33694-010598. A RESOLUTION accepting the bids made to the City for furnishing and delivering certain vehicular equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 338 1. The following bids, made to the City, offering to furnish and deliver certain vehicular equipment, meeting all the City's specifications and requirements therefor, for the total amounts specified, which bids are on file in the Office of Supply Management, are hereby ACCEPTED. Item Description Successful Bidder Amount 11- New Intermediate Berglund Chevrolet, Inc. $156,502.28 Class 4-door sedans 1- New Full Size 4-door Magic City Motor $ 19,779.00 sedan Corporation $ 20,221.90 1- ~New 1/2-ton Extended Cab 4- wheel drive Pickup Truck Bergland Ford-Pontiac- Mazda, Inc. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders 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. .~r City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33695-010598. 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. 339 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 January 5, 1998, such amendment to be in form approved by the City Attorney. ATTEST: APPROVED Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33696-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Employment Services (1) ......................... Revenue Grants-in-Aid Commonwealth Welfare (2) ..................................... $ 23,162,980.00 1,305,762.00 $ 38,176,596.00 16,461,695.00 340 1) Transportation Costs (001-054-5316-3142) $87,061.00 2) Transportation (001-020-1234-0698) 87,061.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33697-010698. A RESOLUTION authorizing the acceptance of a grant from the Commonwealth of Virginia Department of Social Services to provide for transportation needs of recipients of Temporary Assistance to Needy Families ("TANF") in Roanoke City, Roanoke County and Botetourt County; 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 grant from the Commonwealth of Virginia Department of Social Services to be used for specialized transportation of recipients of TANF in Roanoke City, Roanoke County and Botetourt County as set out and described in the application of the City, Roanoke County and Botetourt County for said grant, as more particularly set forth in the January 5, 1998, report of the City Manager to this Council. 2. The City Manager, W. Robert Herbert or his successor in office, or the Assistant City Manager, and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept the grant, including any documents providing for indemnification from the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 341 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia Department of Social Services in connection with the City's acceptance of the grant. APPROVED ATTEST: ~a~~~F. Pa~rker .~, Pji~u4~.~. ¢~~~ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33699-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Improvement Reserve $2,614,168.00 Public Improvement Bonds - Series 1996 (1) ........... 7,920,407.00 Traffic Engineering Traffic Signals - Colonial and McNeil/Hershberger and Westside (2-3) ................................... Traffic Signals - Install New Signals (4) ................ $2,129,214.00 282,412.00 268,502.00 1) Streets and Sidewalks (008-052-9701-9191) 2) Appropriated from Bond Funds (008-052-9563-9001) $ (193,914.00) 193,914.00 342 3) Appropriated from State Grant Funds 4) Appropriated from State Grant Funds (008-052-9563-9007) (008-052-9561-9007) 88,498.00 (88,498.00) 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 January, 1998. No. 33700-010598. AN ORDINANCE accepting the bid of S. R. Draper Paving Company for the construction of traffic signals, 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. R. Draper Paving Company in the total amount of $256,739.66 for the construction of traffic signals, as is more particularly set forth in the City Manager's report dated January 5, 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. 343 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33698-012098. AN ORDINANCE authorizing the City Manager to execute on behalf of the City an Amendment to the Temporary Nonexclusive. Revocable License Agreement dated January 7, 1997, with KMC Telecom of Virginia, Inc. (KMC). WHEREAS, the City and KMC have entered into an extension agreement dated October 2, 1997, extending the January 7, 1997, Temporary Nonexclusive Revocable License Agreement (License Agreement); and 344 WHEREAS, KMC has requested permission to amend its original route diagram attached as Exhibit 1 to the License Agreement and to be allowed to use such other public ways within the City as it may request, subject to those requests being approved by the City Manager or his designee and that such requests be in compliance with the other provisions of the License Agreement. THEREFORE, 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, an Amendment to the License Agreement dated January 7, 1997, between the City and KMC authorizing KMC to substitute a revised route diagram to the License Agreement and to further authorize KMC to use such other public ways within the City as it may request, subject to those requests being approved by the City Manager or his designee and that such requests be in compliance with the other provisions of the License Agreement, with the other terms of the License Agreement to remain the same, the form of such Amendment to be approved by the City Attorney, all as more particularly set forth in the report to this Council dated January 5, 1998. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33701-012098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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 1997-98 School and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 345 SchoolFund A_o_oro_oriations Education Arts Incentive - Westside 97-98 (1) ................ $ Adolescent Health Partnership 97-98 (2-7) .......... Technology Literacy Challenge Grant 97-98 (8-10)... Facilities (11-13) ............................... 300.00 325,750.00 39,861.00 1,992,479.00 Revenue Arts Incentive - Westside 97-98 (14) ................ $ Adolescent Health Partnership 97-98 (15) ........... Technology Literacy Challenge Grant 97-98 (16) ..... Non-Operating (17 .............................. 300.00 325,750.00 39,861.00 40,970,529.00 General Fund Appropriations Nondepartmental $ 57,653,288.00 Transfers to Other Funds (18) ..................... 56,912,159.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (19) ....................... $ 772,401.00 1) Instructional Supplies (030-060-6824-6000-0614) $ 300.00 2) Counselors (030-060-6956-6672-0123) 27,650.00 3) Nurse (030-060-6956-6672-0131) 29,879.00 4) Clerical (030-060-6956-6672-0151) 29,210.00 5) Social Security (030-060-6956-6672-0201) 6,689.00 6) Retirement (030-060-6956-6872-0202) 9,923.00 7) Health Insurance (030-060-6956-6672-0204) 6,800.00 8) Purchased Services (030-060-6973-6002-0332) 13,260.00 9) Other Charges- Inservice (030-060-6973-6002-0587) 15,801.00 346 10) Instructional Supplies 11) Facility Equipment 12) Middle School Football Equipment 13) Band Instrument (030-060-6973-6002-0614) (030-060-6006-6681-0801) (030-060-6006-6681-0821) Replacement (030-060-6006-6683-0801) (030-060-6824-1102) (030-060-6956-1103) (030-060-6973-1102) 14) Federal Grant Receipts 15) Donation 16) Federal Grant Receipts 17) Transfer from General Fund 18) Transfer to School Fund 19) CMERP- School (030-060-6000-1037) (001-004-9310-9530) (001-3324) 10,800.00 6,611.00 16,772.00 30,538.00 300.00 110,151.00 39,861.00 53,921.00 53,921.00 53,921.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33702-012098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General 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. 347 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appro0riations Nondepartmental $57,684,367.00 Transfer to Other Funds (1) ....................... 56,943,182.00 Fund Balance Reserved for CMERP - City (2) .................... $ 3,677,215.00 Civic Center Fund A_~_oro0riations Capital Outlay - Equipment (3) ..................... $ 655,850.00 Revenue Nonoperating (4) ............................... $ 1,077,162.00 1) Transfer to Civic Center Fund 2) Reserved for CMERP - City 3) Other Equipment 4) Transfer from General Fund (001-004-9310-9505) (001-3323) (005-056-2108-9015) (005-020-1234-0951) 85,000.00 (85,000.00) 85,000.00 85,000.00 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 Mayor 348 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33703-012098. A RESOLUTION accepting a bid made to the City for furnishing and delivering an ice protection cover for the Roanoke Civic Center; and rejecting all other bids made to the CityB BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid submitted by Public Assembly Equipment Company to furnish and deliver an ice protection cover for the Roanoke Civic Center, meeting all the City's specifications and requirements therefor, at a total cost of $85,000, which bid is on file in the Office of Supply Management, is hereby ACCEPTED, all as more fully set forth in the report to this Council dated January 20, 1998. 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 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. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33704-012098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water Fund Appropriations, and providing for an emergency. 349 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 1997-98 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations Capital Outlay (1) ................................ $ Revenue Operating (2) .................................... $ Retained Earnin~_s Retained Earnings (3) ............................. $ 1) Water - New Service, Hydrants, Lines (002-056-2178-9025) $ 2) Connection Charges (002-020-1234-0909) 3) Retained Earnings (002-3336) 2,801,345.00 8,795,500.00 29,828,753.00 300,000.00 250,000.00 (50,000.00) 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 Board Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33708-012098. A RESOLUTION requesting that the Commonwealth Transportation establish a project for the improvement of the Virginia Museum of Transportation. 35O 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 improvements to the Virginia Museum of Transportation which will enhance the facility's identity and visibility, and invigorate and humanize the pedestrian experience; 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 of the Virginia Museum of Transportation, including the construction of a train shed, an elevated platform, amphitheater, a facial upgrade, and an observation tower, said project being more particularly described in the City Manager's report dated January 20, 1998, to City Council. 2. Pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for planning and design, right-of-way acquisition, and construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's report dated January 20, 1998, 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 projects, 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 Transportation Museum in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 20, 1998, to this Council, including a term which requires the Virginia Transportation Museum 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. 351 5. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1998. No. 33709-012098. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for 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 construction of the Lick Run Greenway, a component of the Roanoke Valley Comprehensive Greenway System; THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for 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 20, 1998, to this Council. 2. Pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA), the City hereby agrees to pay a minimum of twenty percent (20%) for 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 352 hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costa 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 20, 1998, 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 20, 1998, 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: Sandra H. Eakin Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1998. No. 33705-020298. AN ORDINANCE amending and reordaining §20-89, Penalties for unlawful _~arkin_=, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing for an effective date. 353 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: §20-89. Penalties for unlawful parkinp. (b) Every person receiving written notice from a police officer that he has violated any of the sections of the preceding two (2) divisions of this chapter may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: (1) A penalty often dollars ($10.00) may be paid for a violation of sections 20-65 (except subsections (4) and (15) thereof), 20-66, 20- 67, 20-68, 20-69, 20-70, 20-71, 20-72, 20-73, 20-75, 20-79, 20-80, or 20-81, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be twenty dollars ($20.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of twenty dollars ($20.00) within five (5) days of receipt of such notice. 354 (2) A penalty of twenty dollam ($20.00) may be paid for a violation of section 20-65(4), and a penalty of fifty dollam ($50.00) may be paid for a violation of section 20-74, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty for a violation of section 20-65(4) shall be thirty dollars ($30.00), and the penalty for a violation of section 20-74 shall be sixty dollars ($60.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty dollars ($30.00) for the violation of section 20-65(4) or the penalty of sixty dollam ($60.00) for violation of section 20-74, as the case may be, within five (5) days of receipt of such notice. (3) A penalty of one hundred dollam ($100.00) may be paid for a violation of section 20- 69(m), if paid within ten (10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred ten dollam ($110.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred ten dollars ($110.00) within five (5) days of notice of such receipt. (4) A penalty of one hundred dollam ($100.00) may be paid for a violation of section 20-76, if paid within ten (10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred ten dollars ($110.00). If not paid within ten (10) days, a notice pumuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and 355 collections to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred ten dollars ($110.00) within five (5) days of notice of such receipt. (e) Every person tried and convicted of a violation of section 20-69 shall be fined not less than ten dollars ($10.00) and not more than one hundred and ten dollars ($110.00), inclusive of the penalty set forth above for a violation of this section. Unless ordered otherwise by the judge in whose court the violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. Every person tried and convicted of a violation of any section of the preceding two (2) divisions of this chapter, except section 20-69, shall be fined not more than one hundred dollars ($100.00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of March 1, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 356 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of February, 1998. No. 33706-020298. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain proffered conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential, Single Family District, to C-2, General Commercial District, and C-1, Office District. WHEREAS, application has been made to the Council of the City of Roanoke to amend certain proffered conditions presently binding upon a tract of land described as a 5.44 acre tract of land located at 2491 Peters Creek Road, N. W., being further identified as Official Tax No. 6410103, which property was previously conditionally rezoned by the adoption of Ordinance No. 32658-092595, adopted September 25, 1995; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on January 20, 1998, after due and timely notice thereof as required by §§36.1-693 and 36.1-698, 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 proffered conditions now binding upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, be amended, in the following particular and no other: The conditions previously proffered with respect to the property described as a 5.44 acre tract of land located at 2941 Peters Creek Road, N. W., designated on Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, as 357 Official Tax No. 6410103, be, and are hereby, amended as set forth in the Second Amended Petition filed in the Office of the City Clerk on January 13, 1998, and that Sheet No. 641 of the Sectional 1976 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 2nd day of February, 1998. No. 33707-020298. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Michael S. Sledd, 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 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 20, 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. 358 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. 312 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land located at 2143 Byrd Avenue, N. E., and designated on Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3120713, be, and is hereby rezoned from LM, Light Manufacturing District, to RM- 1, Residential Multifamily, Low Density District, in accordance with the Petition filed in the Office of the City Clerk on November 5, 1997, and that Sheet No. 312 of the Zone Map be changed in this respect. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1998. No. 33710-020298. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Ap~roDriation$ Nondepartmental Transfers to Other Funds (1) ....................... $57,726,667.00 56,985,482.00 359 Fund Balance Reserved for CMERP - City Ca_~ital Pro_iects Fund Appro_~riations (2) ...................... $ 3,912,889.00 Recreation Main Library HVAC Upgrade (3) .................... (001-004-9310-9508) (001-3323) (008-052-9623-9003) 1) Transfer to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue $ 908,375.00 127,300.00 $ 127,300.00 (127,300.00) 127,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. paOrker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1998. No. 33711-020298. AN ORDINANCE accepting the bid of Raymond E. Jackson Constructors, Inc., to make improvements to the heating, ventilating, and air- conditioning (HVAC) systems and to provide better control of humidification levels within the Main Library, 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: 360 1. The bid of Raymond E. Jackson Constructors, Inc. in the total amount of $118,437, to make improvements to HVAC systems and to provide better control of humidification levels within the Main Library, as is more particularly set forth in the City Manager's report dated February 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. 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 2nd day of February, 1998. No. 33712-020298. A RESOLUTION declaring certain City-owned real estate to be surplus property and authorizing its advertisement for sale to the general public. BE IT RESOLVED by the Council of the City of Roanoke as follows: 361 1. This Council does hereby declare an approximate .5-acre portion of City-owned property, located in Roanoke County across Underhill Avenue from the City's Water Pollution Control Plant, bearing Roanoke County Tax Map No. 70.11- 1-1, and more particularly shown on an attachment to the Water Resources Committee report to this Council dated February 2, 1998, as surplus property. 2. The City Manager, or his designee, is authorized to advertise this property for sale to the general public in a newspaper with general circulation, in accordance with the provisions in the Water Resources Committee report to this Council dated February 2, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33713-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ro_oriations Education Huff Lane School Improvements (1) ................ $27,898,284.00 2,191,700.00 362 Assets Due from State Literary Fund - Huff Lane (2) ......... $841,700.00 1) Appropriation from Literary Fund 2) Due from State Literary Fund - Huff Lane (008-060-6089-6896-9006) (008-1323) $ 841,700.00 841,700.00 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 17th day of February, 1998. No. 33714-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations General Government Commissioner of the Revenue (1) ................. City Treasurer (2) ............................... $10,837,092.00 972,206.00 876,469.00 363 Revenue Grants-in-Aid Commonwealth $ 38,089,535.00 Shared Expenses (3-4) ........................... 6,771,333.00 1) Furniture and Equipment (001-022-1233-9005) 2) Furniture and Equipment (001-020-1234-9005) 3) Commissioner of the Revenue (001-020-1234-0612) 4) Treasurer (001-020-1234-0613) $458.00 306.00 458.00 306.00 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 February, 1998. No. 33715-021798. AN ORDINANCE authorizing the City Manager to enter into an agreement with First Union National Bank, or its successor in interest, to amend the Lease Agreement by and between the City and Signet Bank, predecessor in interest to First Union National Bank, for the leasing of additional office space within the former Signet Bank Building located at 110 Church Avenue to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff, 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 agreement with First Union National Bank, or its successor in interest, to amend the Lease 364 Agreement by and between the City and Signet Bank, predecessor in interest to First Union National Bank, for the lease of 2,656 square feet of additional office and common area space within the former Signet Bank Building located at 110 Church Avenue, S. W., to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff; said Lease Amendment shall be for a term commencing when the premises are ready for occupancy, on or around April 1, 1998, and expiring on October 14, 2002. The annual lease rate is $12.50 per square foot of space. Said Lease Amendment shall be upon such other terms and conditions as more particularly described in the report to this Council from the City Manager dated February 17, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33716-021798. A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. WHEREAS, the Code of Virginia (1950), as amended, establishes eligibility criteria for localities for receiving funds from VDOT for street maintenance purposes; and WHEREAS, inventory additions are required to be submitted to VDOT prior to April 1, 1998, in order to be eligible for payment for the next fiscal year. 365 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit inventory additions to VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for State street maintenance funds, as set forth in the City Manager's report dated February 17, 1998, and its attachments. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33717-021798. A RESOLUTION accepting bids made to the City for furnishing and delivering 4-wheel drive 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 Num- Purchase ber Price 1 2 new mid-size 4-wheel drive utility vehicles Berglund Ford, Inc. $50,300.00 2 3 new mid-size 4-wheel drive utility vehicles Magic City Motor $72,306.90 Corporation 3 4 new mid-size 4-wheel drive utility vehicles Magic City Motor $96,409.20 Corporation 366 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 17th day of February, 1998. No. 33718-021798. A RESOLUTION accepting the bid of Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with stage extensions, for use by the Parks and Recreation Department, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with eight (8) stage extensions, for use by the Parks and Recreation Department, at a total cost of $77,361.00, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized and directed to issue the requisite purchase orders for such equipment, in accordance with and as more particularly set forth in the City Manager's report to this Council dated February 17, 1998. 367 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED Mary F. P~a ker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33719-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $1,186,279.00 Criminal History Records (1) ...................... 62,500.00 Revenue Public Safety $1,186,279.00 Criminal History Records (2-3) .................... 62,500.00 1) Fees for Professional Services (035-050-3312-2010) $ 62,500.00 2) State Grant Receipts (035-035-1234-7271) 46,875.00 3) Local Match (035-035-1234-7272) 15,625.00 368 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 17th day of February, 1998. No. 33720-021798. A RESOLUTION accepting a certain grant for criminal history records system improvements from the Commonwealth of Virginia's Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Criminal Justice Services of a grant for criminal history records system improvements in the amount of $46,875, with the City's providing $15,625 in local match, such grant being more particularly described in the report of the City Manager, dated February 17, 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 Mary F. Parker City Clerk Mayor 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33721-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_~riations Public Safety $1,285,834.00 Forfeited Criminal Assets (1-2) ..................... 107,811.00 Revenue Public Safety $1,285,834.00 Forfeited Criminal Assets (3-4) ..................... 107,811.00 1) Expendable Equipment (<1,000) (035-050-3302-2035) 2) Other Equipment (035-050-3302-9015) 3) State Asset Forfeiture (035-035-1234-7133) 4) State Asset Forfeiture - Interest (035-035-1234-7270) 5,500.00 32,025.00 34,435.00 3,090.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33722-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_r)_r)ro_nriations Public Safety $1,248,309.00 Federal Forfeiture Program (1) ..................... 447,872.00 Revenue Public Safety $1,248,309.00 Federal Forfeiture Program (2-3) .................... 447,872.00 1) Investigations and Rewards 2) Federal Forfeiture Program 3) Federal Forfeiture - Interest (035-050-3304-2150) (035-035-1234-7184) (035-035-1234-7247) 62,030.00 21,826.00 40,204.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. PA~arker APPROVED City Clerk Mayor 371 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33723-021798. AN ORDINANCE repealing Article IV, Barber and beauty_ culture, consisting of §§15-47, Regulal;ion; governinq barber sho_~s, etc.,15-48, Permits required, and 15-49, ViQlafions of article or rules or re_eulations, of the Code of the City of Roanoke (1979), as amended, relating to regulation of barber and beauty shops, requiring permits for the operation of barber and beauty shops and establishing penalties for violation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke: 1. Article IV, Barber and beauty_ culture, consisting of §§15-47, Regulations governin~l barber shops, etc.,15-48, Permits required, and 15.49, Violations of article or rules or re~_ulations, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33724-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. 372 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriaticn Parks, Recreation and Cultural Challenge Grant- FY98 (1) ......................... $ 23,218.00 4,500.00 Revenue Parks, Recreation and Cultural Challenge Grant - FY98 (2) ......................... $ 23,218.00 4,500.00 1) Subsidies (035-054-8732-3700) 2) State Grant Receipts (035-035-1234-7257) $4,500.00 4,500.00 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 February, 1998. No. 33725-021798. 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: 373 1. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,500.00 to be used for those purposes identified in the report of the City Manager to Council dated February 17, 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. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33726-021798. A RESOLUTION approving a plan of refinancing as to a loan in a principal amount not to exceed $6,500,000 made by a consortium of lenders to Hotel Roanoke, L.L.C.; acknowledging that the bonds replacing such loan and a line of credit will be considered the first mortgage loan; authorizing the City Manager to execute a subordination agreement and any and all other agreements, instruments, documents or certificates necessary or appropriate to carry out the transactions authorized or contemplated by this resolution; and providing for an effective date. WHEREAS, H.R. Foundation, Inc., a Virginia non-stock corporation (the "Foundation"), owns a hotel facility known as the Hotel Roanoke (the "Facility"), which is located within a redevelopment area created by the City of Roanoke Redevelopment and Housing Authority ("RRHA") in the City of Roanoke, Virginia (the "City"); and 374 WHEREAS, in connection with the planning, development, construction, repair and rehabilitation of the Facility (the "Project"), a consortium of lenders made a loan in a principal amount not to exceed $6,$00,000 (the" 1994 Bank Loan") to Hotel Roanoke, L.L.C. (the "Hotel Operating Company"); and WHEREAS, also in connection with the Project, a loan guaranteed by the United States Department of Housing and Urban Development ("HUD") in the amount of $6,000,000 (the "§108 Loan") was made to the Hotel Operating Company pursuant to a §108 Loan Agreement, dated as of November 15, 1993 (the "§108 Loan Agreement"), between the City, RRHA and the Hotel Operating Company; and WHEREAS, both the 1994 Bank Loan and the § 108 Loan are secured by liens on the real estate and personal property associated with the Facility, provided that the liens securing the § 108 Loan are subordinated to the liens securing the 1994 Loan; and WHEREAS, the Foundation proposes to refinance the 1994 Loan and in connection therewith has requested RRHA to issue its Taxable Redevelopment Revenue Bonds (Hotel Roanoke Project), Series 1998, in a principal amount not to exceed $6,000,000 (the "Bonds") and loan the proceeds of the Bonds to the Foundation (1) to prepay the outstanding principal balance of the 1994 Loan, (2) to fund a debt service reserve fund for the Bonds, and (3) to pay the cost of issuing the Bonds; and WHEREAS, the Foundation and the Hotel Operating Company wish to establish a working capital line of credit in a principal amount not to exceed $250,000 (such maximum amount to be increased from time to time in proportion to increases in the Consumer Price Index), which line of credit would be unsecured, but would be payable from the Facility's revenues on a parity basis with the Bonds (the "Line of Credit"); and WHEREAS, paragraph 2(v) of the §108 Loan Agreement provides that, unless approved by the City, RRHA and HUD, the entire outstanding principal balance of and accrued interest on the §108 Loan shall become immediately due and payable upon the refinancing of the Facility; and WHEREAS, by resolution adopted February 9, 1998, RRHA has approved the proposed refinancing of the Facility and has requested that the City also approve, and seek HUD's approval of, the proposed refinancing of the Facility; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia as follows: 375 1. The City hereby finds that the proposed refinancing of the 1994 Bank Loan, the issuance of the Bonds and the Line of Credit will improve the operating efficiency of the Facility and will enhance the ability of the Hotel Operating Company and the Foundation to pay the operating expenses of the Facility and to repay the Bonds, the §108 Loan and other borrowings in a timely manner. 2. The City hereby approves the proposed refinancing of the 1994 Bank Loan and the issuance by RRHA of the Bonds and agrees that the refinancing shall not cause an acceleration of the outstanding principal and accrued interest of the §108 Loan. 3. The City hereby acknowledges that the Bonds will replace the 1994 Bank Loan and agrees that the Bonds and the Line of Credit will be considered to be the "First Mortgage Loan," as defined and for the purposes provided in the Cooperation Agreement, dated November 8, 1993, between RRHA, the Foundation, the Hotel Operating Company, Virginia Tech Real Estate Foundation, Inc. and the Hotel Roanoke Conference Center Commission, provided that the Line of Credit shall be considered a part of the First Mortgage loan only in the event the Line of the Credit has the following terms: (a) a principal amount not to exceed $250,000, subject to an increase each year in the same percentage as the increase in the Consumer Price Index for the Roanoke area; (b) a requirement that any principal advances hereunder be repaid within twelve (12) months; and (c) an interest rate not to exceed the prevailing prime rate plus 100 basis points. 4. The City Manager is authorized and directed to execute and deliver on behalf of the City any and all agreements, instruments, documents or certificates, and to do and perform such things and acts, as he shall deem necessary or appropriate to carry out the transactions authorized or contemplated by this resolution, including without limitation a subordination agreement providing for a subordination of the liens securing the § 108 Loan to the liens securing the Bonds, and, if necessary, the Clerk and the Deputy Clerk of the City are each authorized and directed to countersign any such agreements, instruments, documents and certificates on behalf of the City. The City Manager is further authorized and directed to seek the approval of HUD for the proposed refinancing of the Facility. Each officer of the City is authorized and directed to execute and deliver on behalf of the City such other agreements, instruments, documents or certificates, and, together with the staff of the City, to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this resolution. All of the foregoing previously done or performed by any officer or employee of the City are in all respects confirmed, ratified and approved. 376 5. This resolution shall take effect immediately upon its adoption; provided that the City will not enter into the transactions described herein unless and until HUD has given the approvals or consent, required by it to effect such transactions. The City Clerk of the City of Roanoke, Virginia hereby certifies that the foregoing is a true, correct and complete copy of a resolution duly adopted by a majority of the members of the Council of the City of Roanoke, Virginia present and voting at a meeting duly called and held on February 17, 1998, and that such resolution has not been repealed, revoked, rescinded or amended, but is in full force and effect on the date hereof. WITNESS my hand and the seal of the City of Roanoke, Virginia this day of February, 1998. [SEAL] City Clerk, City of Roanoke, Virginia ATTEST: APPROVED Mary F. Parker City Clerk ................ ~. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33727-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. 377 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 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ADDroDriations Nondepartmental $58,139,532.00 Transfers to Other Funds (1) ...................... 57,407,427.00 Fund Balance Reserved for CMERP - City (2) ...................... $ 3,544,865.00 Capital Pro_iects Fund ADDroDriations Public Safety $ 290,350.00 Jail Chilling & Cooling Tower (3) ................... 132,350.00 1) Transfers to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9674-9003) $ 132,350.00 (132,350.00) 132,350.00 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 David A. Bowers 378 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33728-02t798. AN ORDINANCE accepting the bid of Johnson Controls, Inc., for the removal and replacement of the chiller and cooling tower at the Roanoke City Jail, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Johnson Controls, Inc., in the total amount of $124,950 for the removal and replacement of the chiller and cooling tower at the Roanoke City Jail, as is more particularly set forth in the City Manager's report dated February 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 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: City Clerk APPROVED David A. Bowers Mayor 379 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33729-021798. 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 and waiving the requirement of City residency. WHEREAS, the Council is advised that Russell O. Hannabass, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, whose term expired on October 20, 1997, is ineligible to serve an additional term on the Board, pursuant to §2-281.1, Code of the City of Roanoke (1979), as amended; WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and WHEREAS, the Council desires to retain the valuable services of S. Deborah Oyler as a Director and to waive the requirement of City residency set out in §2-281(b), Code of the City of Roanoke (1979), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. S. Deborah Oyler is hereby appointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, effective February 17, 1998, to fill the unexpired portion of the four (4) year term of Russell O. Hannabass which commenced on October 21, 1997, and will expire on October 20, 2001. 2. The requirement of City residency set forth in §2-281(b), Code of the City of Roanoke (1979), as amended, is hereby waived as to Ms. Oyler whose term will expire on October 20, 2001, Council having found specific reasons and unusual circumstances justifying such waiver. Mary F. Parker City Clerk ................ David A. Bowers Mayor 380 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1998. No. 33730-030298. 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, William H. Fralin and Karen B. Fralin 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 February 17, 1998, aft. er due and timely notice thereof as required by §30- t4, 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 29th Street (formerly known as 8th Street), located between Carolina and Rosalind Avenues, S. W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer 381 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and in a manner which combines the vacated real estate with at least two (2) or more abutting properties, if lawfully possible, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within six (6) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to 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 FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of 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 William H. Fralin and Karen B. Fralin, and the names of any other parties in interest who may so request, as Grantees. ATTEST: Mary F. Parker APPROVED City Clerk Mayor 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1998. No. 33731-030298. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone Map, City of Roanoke, to designate certain property within the City as H-2, Neighborhood Preservation District. WHEREAS, Virginia Realty and Auction Company has requested that the hereinafter described property be designated with the zoning overlay designation of H-2, Neighborhood Preservation District, in addition to the present C-3, Central Business District zoning; 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 17, 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 neighborhood preservation district overlay designation; and WHEREAS, this Council, after considering the aforesaid recommendation made to 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 designated as H-2, Neighborhood Preservation District, in addition to the present C-3, Central Business District zoning, 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. 102 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 383 That certain property located at 718-720 First Street, S. W., and bearing Official Tax No. 1020511, be and is hereby designated H-2, Neighborhood Preservation District, in addition to the present C-3, Central Business District zoning, and that Sheet No. 102 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 2nd day of March, 1998. No. 33732-030298. AN ORDINANCE amending §36.1-228, Special exce_r)tion uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit manufacturing establishments as a special exception use in the C-3, Central Business District. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-228, Special exce_r)fion uses, of Chapter 36.1, Zonincj, 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. 36.1-228. S_r)ecial exce_r)tion uses. (s) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where all such 384 manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in an existing building. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1998. No. 33734-030298. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporopriations Capital Improvement Reserve $ 15,389,044.00 Public Improvement Bonds - 1997 (1) .............. 7,024,450.00 Traffic Engineering $ 2,323,764.00 Seven New Traffic Signals (2) .................... 194,550.00 1) Streets and Sidewalks (008-052-9706-9191) 2) Appropriated from Bond Funds (008-052-9570-9001) S(194,550.00) 194,550.00 385 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mary F. Parker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1998. No. 33735-030298. A RESOLUTION authorizing a contract with Mattern & Craig, Inc., and Hayes, Seay, Mattern & Mattern, Inc., for the preparation of plans and engineering services needed for new traffic signal systems at seven intersections within the City of Roanoke. 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 Mattern & Craig, Inc., for the preparation of plans and engineering services needed for four new traffic signal systems as described in the City Manager's report to this Council dated March 2, 1998. The amount of the contract shall not exceed $85,000. 2. 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., for the preparation of plans and engineering services needed for three new traffic signal systems as described in the City Manager's report to this Council dated March 2, 1998. The amount of the contract shall not exceed $59,550. 3. The form of both of the contracts shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated March 2, 1998. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 386 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1998. No. 33736-030298. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_DroDriation Health and Welfare $ 3,462,823.00 Rehabilitative Services Incentive Fund FY 97-98 (1) .... 47,325.00 Revenue Health and Welfare $ 3,462,823.00 Rehabilitative Services Incentive Fund FY 97-98 (2) .... 47,325.00 1) Fees for Professional Services (035-054-5196-2010) 2) Rehabilitative Services Incentive Fund (035-035-1234-7268) 9,372.00 9,372.00 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 387 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1998. No. 33737-030298. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_r)_oro_oriations Public Improvement Bonds - Series 1997 (1) ........... $5,760,000.00 1) Public improvement Bonds-Series 1997 (008-052-9706-9193) $ 13,010,000.00 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 388 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33733-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AporoDriation Streets and Bridges Salem Avenue Streetscape Improvements (1) ..... $21,599,513.00 85,739.00 Revenue First Union Penalty Payment (2) ................ 85,739.00 1) Appropriation from Third Party 2) First Union - Penalty Payment (008-052-9710-9004) (008-1264) $ 85,739.00 85,739.00 APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 389 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33738-031698. AN ORDINANCE authorizing the renewal of a lease agreement between the City, the School Board of the City of Roanoke, and the Young Men's Christian Association of Roanoke, Virginia, for use of the Jefferson High School gymnasium, 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, on behalf of the City, a lease, in form approved by the City Attorney, providing for the use and occupancy of the Jefferson High School gymnasium, by the Young Men's Christian Association of Roanoke, Virginia. The School Board of the City of Roanoke shall also be a party to such lease. The lease shall provide for a one-year lease, renewable on a year-to-year basis for four additional one-year terms, with the consent of the lessor, for a total lease term not to exceed five years in exchange for nominal rent and payment of utilities and janitorial services by the lessee. Such lease shall commence January 19, 1998, and shall contain such other terms and conditions as are approved by the City Manager, and as more fully set out in the report to this Council dated March 2, 1998. ATTEST: Mary F. Parker APPROVED David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33739-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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. 39O THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 School and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~Drogriafion~ Education Eisenhower Title II Professional Development 97-98(1-8) ........................ Perkins Act Fund 97-98 (9) ...................... Arts Incentive - Jackson 97-98 (10) ............... Chess Program 97-98 (11-12) ..................... Goals 2000 Technology 96 (13) ................... Goals 2000 Technology 97 (14) ................... Goals 2000 Technology Support 96 (15) ............ Facilities (16) .................................. $ 112,869,509.00 80,308.00 327,793.00 295.00 5,000.00 163,066.00 225,753.00 2,152.00 2,352,479.00 Revenue Education Eisenhower Title II Professional Development 97-98(17) ......................... Perkins Act Fund 97-98 (18) ...................... Arts Incentive -Jackson 97-98 (19) ................ Chess Program 97-98 (20) ........................ Goals 2000 Technology 96 (21) .................... Goals 2000 Technology 97 (22) .................... Goals 2000 Technology Support 96 (23) ............. Non-Operating (24) .............................. $110,221,892.00 80,308.00 327,793.00 295.00 5,000.00 163,066.00 225,753.00 2,152.00 87,165,093.00 General Fund Appropriations Nondepartmental $ 58,616,741.00 Transfers to Other Funds (25) ..................... 57,894,727.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (26) .............. $ 412,401.00 391 1) Professional Development (030-060-6246-6000-0129) 2) Substitute Teachers (030-060-6246-6000-0021) 3) Social Security (030-060-6246-6000-0201) 4) Tuition Assistance - Private School 5) Consultant Services 6) Tuition Assistance 7) Conference Attendance 8) Materials and Supplies 9) Trades Equipment 10) Instructional Supplies 11) Tournament Fees 12) Tournament Attendance 13) Technology Equipment 14) Technology Equipment 15) Technology Support and Training 16) Classroom/Library Furniture - W. Wilson 17) Federal Grant Receipts 18) Federal Grant Receipts 19) Federal Grant Receipts 20) Donations 21) Federal Grant Receipts 22) Federal Grant Receipts 23) Federal Grant Receipts 24) Transfer from General Funds (030-060-6246-6000-0312) (030-060-6246-6000-0313) (030-060-6246-6000-0382) (030-060-6246-6000-0554) (030-060-6246-6000-0614) (030-060-6796-6138-0821 ) (030-060-6825-6100-0614) (030-060-6974-6102-0332) (030-060-6974-6102-0554) (030-060-6975-6102-0826) (030-060-6976-6102-0826) (030-060-6977-6102-0126) (030-060-6006-6100-0822) (030-060-6246-1102) (030-06o-6796-1102) (030-060-6825-1102) (030-060-6974-1103) (030-060-6975-1102) (030-060-6976-1102) (030-060-6977-1102) (030-060-6000-1037) $ 40,130.00 3,000.00 3,070.00 3.00 6,000.00 4,400.00 20,660.00 2,295.00 14,039.00 295.00 1,000.00 4,000.00 163,066.00 225,753.00 2,152.00 360,000.00 80,308.00 14,039.00 295.00 5,000.00 163,066.00 225,753.00 2,152.00 360,000.00 392 25) Transfer to School Fund 26) CMERP - School ( O01-004-9310-9530) (001-3324) $ 360,000.00 (360,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parl[er City Clerk APPROVED David A. Bowers Mayor 1998-1999 conditions. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33740-031698. 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 1998-1999 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 11, 1998. ATTEST: /~4~1,~.,,~ P P R O V E D Mary F. Parker City Clerk David A. Bowers Mayor 393 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33741-031698. A RESOLUTION authorizing an amendment to an agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority to provide and enhance Roanoke City Police C.O.P.E. activities on property managed by the Authority. 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 authorized and empowered to execute and attest, respectively, for and on behalf of the City, upon form approved by the City Attorney, a written amendment to an agreement between the City and the City of Roanoke Redevelopment and Housing Authority ("Authority"), to provide and enhance Roanoke City Police Community Oriented Policing Effort ("C.O.P.E.") activities on property managed by the Authority as more particularly set forth in the City Manager's report to this Council dated March 16, 1998. 2. Said amendment shall be effective through June 30, 1998, unless sooner terminated in accordance with the terms of the agreement. The form of the amendment shall be approved by the City Attorney. Mary F. Parker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33742-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General, Utility Line Services, and City Information Systems Fund Appropriations, and providing for an emergency. 394 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 1997-98 General, Utility Line Services and City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Nondepartmental Transfers to Other Funds (1) ................... $ 59,056,646.00 8,334,632.00 Reserved for CMERP - City (2) .................. $ 2,617,660.00 Utility_ Line Services Fund A_~_~ro_oriations Operations (3) ................................ $ 3,244,891.00 Retained Earnings Retained Earnings - Unrestricted (4) .............. $ 2,104,333.00 City Information Systems Fund A_o_oropriations Operations (5) ................................ E-mail System (6) ............................. GIS Study (7) ................................. Client Server (8) .............................. Customer Service System (9) ................... Wide Area Network Expansion (10) ............... Workstation Requests (11) ...................... Event Management System (12) ................. Trust Fund Accounting (13) ..................... HUD Planning and Mapping Systems (14) .......... Real Estate Systems Study (15) .................. 2,430,029.00 115,000.00 360,000.00 36,000.00 166,000.00 194,530.00 272,145.00 55,500.00 10,000.00 11,120.00 35,000.00 395 Meals/Business Tax Systems (16) ................. Year 2000 Software Tools (17) ................... Imaging Project (18) ........................... Central CD Tower (19) ........................... CIS Training Room (20) .......................... CIS Help Desk Software (21) ...................... Document Distribution, Print & Retrieval Systems (22) ................................. City Server Upgrades (23) ...................... Staff, Contractors & Consultants (24) .............. 50,000.00 20,000.00 60,000.00 10,000.00 33,500.00 15,000.00 65,000.00 20,000.00 136,000.00 Revenues Nonoperating (25-26) ............................ $ 1,041,754.00 Retained Earnin~_s Retained Earnings - Unrestricted (27) ............... $ 2,545,185.00 9) 10) 11) 12) 1) Transfers to CIS Fund 2) Reserved for CMERP - City 3) Transfers to CIS Fund 4) Retained Earnings - Unrestricted 5) Training and Develo =ment 6) Appropriated from General Revenue 7) Appropriated from General Revenue 8) Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue (001-004-9310-9513) (001-3323) (016-056-2625-9513) (o16-3336) (ol 3-o52-16Ol -2o44) (o13-o52-98o3-9oo3) (o13-o52-98o4-9oo3) (o13-o52-98o8-9oo3) (ol 3-o52-981o-9oo3) (ol 3-o52-9811-9oo3) (o13-o52-9815-9oo3) (o13-o52-9816-9oo3) $ 799,905.00 (799,905.00) 16,020.00 (16,020.00) 10,000.00 15,000.00 300,000.00 20,000.00 126,000.00 131,160.00 272,145.00 55,500.00 396 13) Appropriated from General Revenue 14) Appropriated from General Revenue 15) Appropriated from General Revenue 16) Appropriated from General Revenue 17) Appropriated from General Revenue 18) Appropriated from General Revenue 19) Appropriated from General Revenue 20) Appropriated from General Revenue 21) Appropriated from General Revenue 22) Appropriated from General Revenue 23) Appropriated frofn General Revenue 24) Appropriated from General Revenue 25) Transfer from General Fund 26) Transfer from Utility Line Services 27) Retained Earnings (013-052-9817-9003) (013-052-9818-9003) (013-052-9819-9003) (013 -052-9820 -9003) (013-052-9821-9003) (013-052-9822-9003) (013-052-9823-9003) (013-052-9824-9003) (013-052-9825-9003) (013-052-9826-9003) (013-052-9827-9003) (013-052-9828-9003) (013-020-1234-1032) (013-020-1234-1188) (013-3336) $ 10,000.00 11.120.00 35,000.00 50,000.00 20,000.00 60,000.00 10,000.00 33,500.00 15,000.00 65,000.00 20,000.00 136,000.00 799,905.00 16,020.00 (579,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33743-031698. A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, Cleveland Avenue, S. W., 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 Cleveland Avenue, S. W., railroad grade crossing, to install gates and flashing lights east of 18th Street, S. W., 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 Cleveland Avenue, S. W., railroad grade crossing, to install gates and flashing lights east of 18th Street, S. W., 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 ~'~ ~'ATTEST: ~~.~.~, Mary F. Parker City Clerk Mayor 398 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33744-031698. A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, 18th Street, S. W., 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 18th Street, S. W., railroad grade crossing, to install gates and flashing lights south of Campbell Avenue, S. W., 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 18th Street, S. W., railroad grade crossing, to install gates and flashing lights south of Campbell Avenue, S. W., 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 ATTEST: Mary F. Parker City Clerk Mayor 399 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33745-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Improvements to Virginia Museum of Transportation (1) ......................... Revenues Due from State Government (2) ................ 1) Appropriated from State Grant Funds 2) VDOT-Virginia Museum of Transportation $ 268,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor (008-1234) 40,000.00 1,081,000.00 1,081,000.00 (008-052-9650-9007) $ 40,000.00 400 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33746-031698. A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Department of Transportation, said agreement relating to the renovation and construction improvements to the existing facade of the Virginia Museum of Transportation, Phase I - Project EN94-128-V20, C- 501 and Federal Project TEA-5128(174); authorizing execution of amendments to prior agreements between the City and the Commonwealth of Virginia, Department of Transportation, and the City and Virginia Museum of Transportation, to provide for the increased ISTEA award to the Virginia Museum of Transportation; upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement between the City and the Commonwealth of Virginia, Department of Transportation, attached to the report to this Council dated March 16, 1998, in form approved by the City Attorney, said agreement establishing certain duties and obligations in connection with the renovation and construction improvements to the existing facade of the Virginia Museum of Transportation, Phase I - Project EN94- 128-V20, C-501 and Federal Project TEA-5128(174), upon certain terms and conditions, as more specifically set forth in the report to this Council dated March 16, 1998. 2. The City Manager or Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the amendments to prior agreements between the City and the Commonwealth of Virginia, Department of Transportation, and the City and Virginia Museum of Transportation, in form approved by the City Attorney, to provide for the increased Intermodal Surface Transportation Efficiency Act (ISTEA) award of $40,000.00 to the Virginia Museum of Transportation, upon certain terms and conditions, as more specifically set forth in the report to this Council dated March 16, 1998. APPROVED Mary F. Parker City Clerk Mayor 401 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33747-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Peters Creek Road Fire Station (1) ................ $ 362,350.00 72,000.00 Capital Improvement Reserve Public Improvement Bonds - Series 1996 (2) ....... $ 15,327,044.00 7,848,407.00 1) Appropriated from Bond Funds 2) Buildings (008-052-9677-9001) $ (008-052-9701-9183) 72,000.00 (72,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor 402 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33748-031698. A RESOLUTION authorizing a contract with LMW, PC, for design, development and construction documents, construction administration and project inspection for the fire station for the Peters Creek Roan Corridor. 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 authurized to execute and attest, respectively, a contract with LMW, PC, for design, development and construction documents, construction administration and project inspection for the fire station for the Peters Creek Road Corridor. 2. The amount of the lump sum contract is $66,000 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 March 16, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33749-031698. AN ORDINANCE to amend and reordain certain sections of the 1997- 98 General, Management Services, and Utility Line Services Fund Appropriations, and providing for an emergency. 403 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 1997-98 General, Management Services, and Utility Line Services Fund Appropriations, be, and the same are hereby, amended andreordained to read as follows, in part: General Fund Appropriations Public Works $ 25,716,640.00 Building Maintenance (1) ...................... 3,450,334.00 Parks and Grounds Maintenance (2) ............. 4,333,147.00 Parks, Recreation and Cultural $ 4,362,392.00 Recreation (3-4) .............................. 1,704,895.00 Public Safety $ 39,109,802.00 Emergency Medical Services (5) ................ 1,812,881.00 Fund Balance Reserved for CMERP - City (6) .................. $ 2,937,808.00 Manacjement Services Fund Appropriations Capital Outlay (7) ............................. $ 108,689.00 Retained Earnin~ls Retained Earnings - Unrestricted (8) ............. $ 243,140.00 Utility Line Services Fund Appropriations Capital Outlay (9) ............................. $ 511,224.00 404 Retained Earninga Retained Earnings - Unrestricted (10) ............ $ 2,058,603.00 1) Maintenance Third Party Contract 2) Other Equipment 3) Program Activities 4) Expendable Equipment 5) Fees for Services 6) Reserved for CMERP - City 7) Vehicular Equipment 8) Retained Earnings 9) Vehicular Equipment 10) Retained Earnings (001-052-4330-3056) (001-052-4340-9015) (001-052.7110-2066) (001-052-7110-2035) Professional (001-050-3521-2010) (001-3323) (015-002-1618-9010) (015-3336) (016-056-2626-9010) (016-3336) $162,000.00 264,122.00 24,00O.0O 25,000.00 4,635.00 (479,757.00) 25,000.00 (25,000.00) 61,750.00 (61,750.00) 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 16th day of March, 1998. No. 33750-031698. A RESOLUTION supporting participation of Franklin County in the Fifth Planning District Regional Alliance. WHEREAS, the General Assembly has created an incentive fund under the Regional CompeTitiveness Act to encourage and reward regional strategic economic development planning and joint activities; 405 WHEREAS, in order for a region to be eligible for incentive payments, a regional partnership must exist, and the Fifth Planning District Regional Alliance is the partnership in which the City of Roanoke participates; and WHEREAS, Franklin County, which participates the West Piedmont Regional Alliance, has requested permission to also participate in the Fifth Planning District Regional Alliance with the understanding that Franklin County would assign fifty percent of its population base to the Fifth Planning District Alliance and fifty percent of it population base to the West Piedmont Regional Alliance; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council supports and endorses participation of Franklin County in the Fifth Planning District Regional Alliance. 2. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Franklin County Board of Supervisors and to the Executive Director of the Fifth Planning District Commission. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33751-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water, Sewage Treatment, City Information Systems and 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 1997-98 Water, Sewage Treatment, City Information 406 Systems and Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Water Fund Aporo_~riati~n Operating (1) .................................. Retained Earnings $ 2,765,446.00 Retained Earnings - Unrestricted (2) ............... $ 29,706,382.00 Sewau_e Treatment Fund A_o_r)ro.oriati<)n Administration (3) ............................... $ 2,508,209.00 Retained Earnings Retained Earnings - Unrestricted (4) ............... $ 24,786,647.00 City_ Information Systems Fund A_r)_r)ro_r)riations Utility Billing System Project (5) ................... $ 517,113.00 Revenues Nonoperating (6-8) .............................. $ 742,942.00 Utility_ Line Services Fund A_r)_r)ro_r)riations Utility Line Services - Operations (9) ............... $ 3,401,242.00 Retained Earnings Retained Earnings - Unrestricted (10) ............... $ 1,947,982.00 407 1) Transfers to CIS Fund 2) Retained Earnings 3) Transfers to ClS Fund 4) Retained Earnings 5) Appropriated from General Revenue 6) Transfers from Water Fund 7) Transfers from Sewer Fund (013-020-1234-1183) 8) Transfers from Utility Line Services Fund (013-020-1234-1188) 9) Transfers to ClS Fund (016-056-2625-9513) 10) Retained Earnings (016-3336) (002-056-2160-9513) (002-3336) (003-056-3150-9513) (003-3336) (013-052-9829-9003) (013-020-1234-1182) $ 172,371.00 (172,371.00) 172,371.00 (172,371.00) 517,113.00 172,371.00 172,371.00 172,371.00 172,371.00 (172,371.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /~~ P P R O V E D Mary F er City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33752-031698. AN ORDINANCE awarding a contract to HTE, Inc. for utility billing software and associated services, upon certain terms and conditions; authorizing the City Manager to execute the requisite contract; accepting the bids of Computer Application Specialist and Blue Star Systems, Inc. for the provision of certain other related equipment, upon certain terms and conditions; rejecting all other bids for said equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 408 1. A contract for utility billing software and associated services in the amount of $302,185.00 is hereby awarded to HTE, Inc. upon the terms and conditions more particularly set forth in the Director of Finance's report dated March 16, 1998. 2. The City Manager, or his designee, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract, in ;orm approved by the City Attorney, with HTE, Inc. 3. The bid of Computer Applications Specialist for furnishing and supplying to the City an ASI400 hardware and operating system, at a cost of $56,602.00, upon the terms and conditions more particularly set forth in the Director of Finance's report dated March 16, 1998, is hereby ACCEPTED. 4. The bid of Blue Star Systems, Inc. for furnishing and supplying to the City an AS/400 Central Processor at a cost of $75,100.00, and Laser printers at a cost of $11,600.00, for a total cost of $86,700.00, upon the terms and conditions more particularly set forth in the Director of Finance's report dated March 16, 1998, is hereby ACCEPTED. 5. Any and all other bids made to the City for the equipment identified above are hereby rejected, the City Clerk to so notify such other bidders and to express the City's appreciation for the submission of such bids. 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 ~ts 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 March, 1998. No. 33753-031698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. 409 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporo_oriations General Government $ 10,998,710.00 Office of Billings and Collections (1) .............. 1,204,183.00 Revenue General Property Taxes $ 65,860,500.00 Real Estate Tax (2) .............................. 40,863,000.00 1) Tax Sale (001-004-1232-2162) $40,000.00 2) Delinquent Real Estate Tax (001-020-1234-0102) 40,000.00 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 March, 1998. No. 33754-031698. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new {}22.1-4, Election of benefit under ERS or ESRS for members of ESRS having 42 or more years of creditable service, to provide that 410 certain members of the city plan who attain 42 or more years of creditable service shall have the right to be paid pension benefits under either ERS or ESRS pursuant to the member's election; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: §22.1-4. Election of benefit under ERS or ESRS for members of ESRS having 42 or more years of creditable ~ervice. Any member of the ERS on June 30, 1984, who subsequently elected to transfer to ESRS and who thereafter attains 42 or more years of creditable service shall have his accrued benefit at the time of retirement calculated pursuant to the terms of ERS and ESRS, and such member shall elect to be paid his accrued benefit under either ERS or ESRS prior to the commencement of payment of any benefits under the city plan. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ~ Mary F. Parker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16f'.~ day of March, 1998. No. 33755-031698. AN ORDINANCE to amend and reordain certain sections of the 1997- 98 Sewage Treatment Fund Appropriations, and providing for an emergency. 411 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Roanoke River Interceptor Contracts C, D and E (1-2) ................... 68,095,810.00 14,052,632.00 Revenue Due from Other Governments (3-4) ............... $ 8,895,316.00 Retained Earnin~ls Retained Earnings (5) ........................... $ 19,801,702.00 1) Appropriated from General Revenue (003-056-8485-9003) 2) Appropriated from Other Governments (003-056-8485-8999) 3) Due from City of Salem (003-1071) 4) Due from County of Roanoke (003-1072) 5) Retained Earnings (003-3336) $ 5,157,316.00 8,895,316.00 4,735,737.00 4,159,579.00 (5,157,316.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor 412 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33756-031698. AN ORDINANCE allowing the withdrawal of a bid by Mendon Pipeline, Inc.; accepting the bid of Casper Colosimo & Son, Inc., for the combined contract C, D, and E of the Roanoke River Interceptor Sewer 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 request of Mendon Pipeline, Inc. to withdraw its bid for contract E of the Roanoke River Interceptor Sewer Replacement Project due to an unintentional omission of work in its bid is hereby granted and the said bid is deemed withdrawn. 2. The bid of Casper Colosimo & Son in the total amount of $12,931,078 for the combined contract C, D, and E of the Roanoke River Interceptor Sewer Replacement Project, as is more particularly set forth in the City Manager's report dated March 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. 3. Th~, 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. 4. 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. 413 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33758-031698. 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 6, 1998. 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 6, 1998, in City Council Chambers at 215 Church Avenue, S.W., is hereby rescheduled to be held at 12:00 Noon, Monday, April 6, 1998, 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. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of the change in the time and place of such meeting. APPROVED Mary F. Pa~r er City Clerk ................ Mayor 414 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1998. No. 33760-031698. A RESOLUTION endorsing the Roanoke Valley Regional Stormwater Management Plan, and amending the City's Official Comprehensive Plan for Roanoke, an element of Roanoke Vision to include such plan. WHEREAS, the Roanoke Valley Regional Stormwater Management Plan was completed and dated October, 1997; WHEREAS, the Planning Commission held a public hearing on March 4, 1998, and endorsed adoption of such plan; and WHEREAS, in accordance with the provisions of §15.1-431, Code of Virginia (1950), as amended, a public hearing was held before this Council on March 16, 1998, 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 Roanoke Valley Regional Stormwater Management Plan and amends the City's Official Comprehensive Plan for Roanoke, an element of Roanoke Vision, to include the Roanoke Valley Regional Stormwater Management Plan. 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 Mayor 415 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33757-040698. AN ORDINANCE authorizing the abandonment of a certain unused public easement for water and sewer located across property identified by Official Tax No. 2270808, 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, the appropriate document abandoning the City's interest in an unused public easement for water and sewer located across property identified as Official Tax No. 2270808, currently owned by Gregory S. and Valerie S. Emerson, upon certain terms and conditions, and as more particularly set forth in the report to this Council dated March 16, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33759-040698. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Southern Lane Group, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and 416 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 15, 1997, 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, pursuant to the request of the Petitioner, on motion made and duly seconded and unanimously adopted, the matter was tabled at the meeting of December 15, 1997; and WHEREAS, pursuant to the request of the Petitioner, on motion made and duly seconded, this matter was taken offthe table and set for public hearing on March 16, 1998; and WHEREAS, a public hearing was held by City Council on said application at its meeting on March 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 Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: The following ten (10) tracts of land designated on Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704, respectively, be, and are hereby rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to the proffers 417 contained in the Third Amended Petition filed in the Office of the City Clerk on December 15, 1997, and that Sheet Nos. 547 and 548 of the Zone Map be changed in this respect. ATTEST: APPROVED Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1998. No. 33761-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to Other Funds (1) ..................... Fund Balance Reserved for CMERP - City (2) ................... Ca.oital Pro_iects Fund Appro_oriations $ 58,889,241.00 58,167,227.00 $ 2,785,065.00 418 Public Safety $ Police Building Construction (3) ................. 365,350.00 75,0O0.00 General Government Commonwealth Building - Replace Windows (4) .... Commonwealth Building - Paint Trim (5) ........... Library - Replace Caulking (6) .................... Market Building - Renovations (7) ................. Municipal South - Remodel Public Areas (8) ......... Municipal South - Building Inspections Remodel (9).. Church Street Garage - Rehabilitation (10) .......... Civic Center - Reroofing (11) ...................... RClT Infrastructure Extension (12) ................ $ 13,860,521.00 85,000.00 40,000.00 65,000.00 125,000.00 75,000.00 25,000.00 177,500.00 75,000.00 75,000.00 Recreation Parks - Above Ground Tanks (13) ................. Gainsboro Library - Alterations (14) ............... $ 1,023,375.00 40,000.00 75,000.00 Streets & Bridges $ 21,586,774.00 Church Avenue - Streetscape (15) ................. 73,000.00 Sanitation Barnhart - Storm Drain (16) ....................... Windsor - Replace Well System (17) ............... Bell Aire Circle - Drain Sump (18) ................. Blue Ridge Park - Channel Dredging (19) ............ Community Rating System - Class 9 Maintenance (20 ............................... Hooker Furniture - Flap Gate (21) .................. Citywide Drainage Projects (22) ................... Storm Water Model Maintenance (23) .............. $ 1,406,427.00 38,000.00 53,000.00 45,000.00 50,600.00 10,000.00 13,800.00 14,600.00 25,000.00 Capital Improvement Reserve $14,766,044.00 Public Improvement Bonds - Series 1997 (24-27) ..... 4,942,450.00 1) Transfers to Other Funds 2) Reserved for CMERP - City 3) Appropriated from Bond Funds 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9564-9001) (008-052-9552-9003) (008-052-9553-9003) (008-052-9554-9003) $ 632,500.00 (632,500.00) 75,000.00 85,000.00 40,000.00 65,000.00 419 7) Appropriated from General Revenue 8) Appropriated from General Revenue 9) Appropriated from General Revenue 10) Appropriated from General Revenue 11) Appropriated fro~,~ Bond Funds 12) Appropriated from Bond Funds 13) Appropriated from General Revenue 14) Appropriated from Bond Funds 15) Appropriated from Bond Funds 16) Appropriated from Bond Funds 17) Appropriated from Bond Funds 18) Appropriated from Bond Funds 19) Appropriated from Bond Funds 20) Appropriated from Bond Funds 21) Appropriated from Bond Funds 22) Appropriated from Bond Funds 23) Appropriated from Bond Funds 24) Storm Drains 25) Economic Development 26) Buildings 27) Streets and Sidewalks (008-052-9555-9003) (008-052-9556-9003) (008-052-9557-9003) (008-052-9558-9003) (008-052-9565-9001 ) (008-052-9632-9001) (008-052-9566-9003) (008-052-9626-9001) (008-052-9567-9001) (008-052-9568-9001) (008-052-9580-9001) (008-052-9581-9001) (008-052-9582-9001) (008-052-9583-9001) (008-052-9584-9001) (008-052-9585-9001) (008-052-9586-9001) (008-052-9706-9176) (008-052-9706-9178) (008-052-9706-9183) (008-052-9706-9191 ) $ 125,000.00 75,000.00 25,000.00 177,500.00 75,000.00 75,000.00 40,000.00 75,000.00 73,000.00 38,000.00 53,000.00 45,000.00 50,600.00 10,000.00 13,800:00 14,600.00 25,000.00 (250,000.00) (75,000.00) (225,000.00) (73,000.00) 420 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Dav~i. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1998. No. 33762-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~Dro_~riations Recreation $ Parks and Recreation Master Plan (1) ............ 970,375.00 62,000.00 Capital Improvement Reserve $ Public Improvement Bonds - Series 1997 (2) ....... 15,255,044.00 5,503,450.00 1) Appropriated from Bond Funds 2) Parks (008-052-9703-9001) (008-052-9706-9180) 62,000.00 (62,000.00) 421 BE IT FURTI-~ER 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 6th day of April, 1998. No. 33763-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works .................................. $ Snow Removal (1-2) ........................... 25,353,436.00 268,887.00 Nondepartmental $ Contingency (3) ............................... 58,193,823.00 224,025.0O 1) Expendable Equipment 2) Chemicals 3) Contingency (001-052-4140-2035) (001-052-4140-2045) (001-002-9410-2199) $ 7,000.00 55,918.00 (62,918.00) 422 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 April, 1998. No. 33764-040698. 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 1 4 new mini vans and 1 112 ton 4-wheel drive pickup Magic City Motor Corporation $96,639.00 truck 2 2 new flat bed truck cab/chassis Highway Motors, Inc. $99,361.62 3 2 new flat bed bodies and powerlift tailgates Truck Body Corporation $9,052.00 4 2 new snow plow mechanisms and assemblies General Truck Body Company $9,644.00 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. 423 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 6th day of April, 1998. No. 33765-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium FY97-98 Title II - B (1-17) ................................ Title III (18-30) ................................. Title III - 40% (31-39) ........................... Family Services (40-44) ......................... $ 1,491,331.00 99,956.00 323,497.00 375,900.00 19,219.00 Revenue Fifth District Employment and Training Consortium FY97-98 Title II - B (45) ................................. Title III (46) ................................... $ 1,491,331.00 99,956.O0 323,497.00 424 Title III - 40% (47) .............................. Family Services (48) ............................ $ 375,900.00 19,219.00 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) Training Temporary Employment 10) Training Wages 11) Training Fringes 12) Training Travel 13) Training Communications 14) Training Supplies 15) Training Insurance (034-054-9865-8350) (034-054-9865-8351) (034-054-9865-8352) (034-054-9865-8353) (034-054-9865-8355) (034-054-9865-8356) (034-054-9865-8359) (034-054-9865-8360) (034-054-9865-8049) (034-054-9865-8050) (034-054-9865-8051) (034-054-9865-8052) (034-054-9865-8053) (034-054-9865-8055) (034-054-9865-8056) 16) Training Equipment (034-054-9865-8059) (034-054-9865-8060) (034-054-9881-8350) (034-054-9881-8351) (034-054-9881-8352) (034-054-9881-8353) (034-054-9881-8355) (034-054-9881-8356) (034-054-9881-8359) 17) Miscellaneous and Summer Instruction 18) Administrative Wages 19) Administrative Fringes 20) Administrative Travel 21) Administrative Communications 22) Administrative Supplies 23) Administrative Insurance 24) Administrative Equipment $ 25,500.00 6,250.00 1,500.00 750.00 1,500.00 1,000.00 2,500.00 1,456.00 7,500.00 35,000.00 8,750.00 1,000.00 750.00 2,000.00 1,000.00 1,500.00 2,000.00 6,500.00 1,625.00 250.00 250.00 200.00 250.00 500.00 425 25) Administrative Miscellaneous 26) BRS Communications 27) BRS Supplies 28) Training/FDETC I/R 29) Training/FDETC OJT 30) Supportive Services 31) Administrative Wages 32) Administrative Fringes 33) Administrative Travel 34) Administrative Communications 35) Administrative Supplies 36) Administrative Insurance 37) Administrative Miscellaneous 38) Supportive Services 39) Training/FDETC I/R 40) Wages 41) Fringes 42) Communications 43) Supplies 44) Miscellaneous 45) Title II - B Revenue 46) Title III Revenue 47) Title III - 40% Revenue 48) Family Services (034-054-9881-8360) $ (034-054-9881-8069) (034-054-9881-8070) (034-054-9881-8500) (034-054-9881-8501 ) (034-054-9881-8461 ) (034-054-9882-8350) (034-054-9882-8351) (034-054-9882-8352) (034-054-9882-8353) (034-054-9882-8355) (034-054-9882-8356) (034-054-9882-8360) (034-054-9882-8461) (034-054-9882-8500) (034-054-9895-8350) (034-054-9895-8351) (034-054-9895-8353) (034-054-9895-8355) (034-054-9895-8360) (034-034-1234-9865) (034-034-1234-9881 ) (034-034-1234-9882) (034-034-1234-9895) 249.00 750.00 750.00 35,000.00 2,000.00 1,000.00 10,000.00 2,500.00 250.00 250.00 250.00 250.00 500.00 2,500.00 8,500.00 14,280.00 2,920.00 100.00 1,019.00 900.00 99,956.00 49,324.00 25,000.00 19,219.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall bein effectfrom i~passage. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 426 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33766-040698. A RESOLUTION authorizing the City Treasurer to enter into agreements with US Audiotex, LLC to provide interactive voice response (IVR) credit card payment systems, and Pacific Bancard Association, Inc. to provide strictly those issues concerning the settlement processing of card transactions, for the City's collection of various taxes and city-wide accounts receivable invoices.~ BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Treasurer is hereby authorized on behalf of the City to execute an agreement with US Audiotex, LLC to provide interactive voice response (IVR) credit card payment systems, as more particularly set forth in the report to this Council dated April 6, 1998. 2. The City Treasurer is hereby authorized on behalf of the City to execute an agreement with Pacific Bancard Association, Inc. to provide strictly those issues concerning the settlement processing of card transactions, as more particularly set forth in the report to this Council dated April 6, 1998. 3. The agreements shall contain such terms and conditions as set forth in the report to this Council dated April 6, 1998, and as deemed appropriate by the City Treasurer. The form of the agreements shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1998. No. 33768-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. 427 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appro_oriations Capital Outlay $ 54,213,242.00 Peters Creek Sewer Replacement PC-4 (1) ........ 209,308.00 Operating Lateral Maintenance (2) ......................... 1) Appropriated from General Revenue 2) Unidentified Construction (003-056-8486-9003) (003-056-3170-9085) 7,859,837.00 1,840,811.00 $ 209,308.00 (2O9,308.00) 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33769-040698. AN ORDINANCE accepting the bid of Dixon Contracting, Inc., for the Peters Creek Sewer Replacement Project PC-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. 428 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Dixon Contracting, Inc., in the total amount of $185,808, for the Peters Creek Sewer Replacement Project PC-4, as is more particularly set forth in the April 6, 1998, report 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 6th day of April, 1998. No. 33770-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund 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. 429 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General Fund and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_opro_oriations Nondepartmental Transfers to Other Funds (1) ................... $ 58,353,148.00 57,634,727.00 Fund Balance Reserved for CMERP - City (2) .................. $ 2,837,808.00 Capital Projects Fund Appropriations Streets and Bridges $ 21,613,774.00 Bridge Maintenance (3) ........................ 568,650.00 1) Transfers to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) {001-3323) (008-052-9549-9003) $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 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33771-040698. AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repair of the 10th Street Bridge over Norfolk Southern Railroad and Shenandoah Avenue and the Orange Avenue Bridge over Tinker Creek, 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 that: 1. The bid of Lanford Brothers Company, Incorporated, made to the City in the total amount of $193,887 for repair of the 10th Street Bridge over Norfolk Southern Railroad and Shenandoah Avenue and the Orange Avenue Bridge over Tinker Creek, as is more particularly set forth in the report to this Council dated April 6, 1998, 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 Mangement, 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 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1998. No. 33772-040698. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~pro_oriations ,,', Streets and Bridges $ Bridge Repair and Replacement (1) .............. 21,655,613.00 585,204.O0 Capital Improvement Reserve $ Public Improvement Bonds - Series 1997 (2) ....... 15,260,944.00 5,509,350.00 1) Appropriated from Bond Funds 2) Bridges (008-052-9548-9001) (008-052-9706-9190) $ 56,100.00 (56,100.00) 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 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33773-040698. AN ORDINANCE providing for the acquisition of property rights needed by the City for the Broadway Street Bridge Replacement Project; 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Broadway Street Bridge Replacement Project, the City wants and needs certain property rights, as more specifically set forth in the report and attachments thereto to this Council dated April 6, 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 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. 2. The total consideration for the title work, appraisals, closing services, recordation fees and consideration to landowners for the parcels shall not exceed $20,000.00 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, ti,e 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 over 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. 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, 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. 433 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 6th day of April, 1998. No. 33774-040698. A RESOLUTION authorizing execution of Amendment No. 4 to the contract with Mattern & Craig, Inc., for design, construction and administration. 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, Amendment No. 4 to the contract with Mattern & Craig, Inc., dated August 6, 1992, for design, construction and administration of bridge maintenance projects. 2. The amount of Amendment No. 4 shall be not exceed $31,100.00, and shall be in form approved by the City Attorney, all as more particularly set forth in the Water Resources Committee's report to this Council dated April 6, 1998. APPROVED Mary F. Parker City Clerk id A. Bowers Mayor 434 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33776-040698. A RESOLUTION authorizing execution of an Amendment to the Sublease Agreement between the Jefferson Center Foundation and the City to provide suitable space in the Jefferson Center to meet the storage needs of the Fire-EMS Department. 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 an Amendment to the Sublease Agreement between the Jefferson Center Foundation and the City to provide suitable space in the Jefferson Center to meet the storage needs of the Fire-EMS Department, 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 April 6, 1998. 2. The amendment 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 April, 1998. No. 33777-040698. A RESOLUTIOI~ 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 April 30, 1998, 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 1998-1999, proposed tax increases and the Annual Update to HUD's Consolidated Plan. 435 2. The City Clerk is hereby directed to take whate~r steps are deemed necessary to notify the public of the time and place of such Special Meeting. Mary F.~Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1998. No. 33778-040698. 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, 1998, at 2:00 p.m., in Council Chambers, 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 1998-1999, and related matters, and for the election of two School Board Trustees for two three-year terms of office commencing July 1, 1998. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers 436 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33767-042098. AN ORDINANCE authorizing the execution of an offer to sell easement and the subsequent deed of easement granting to the United Sates of America an 827.31- acre easement for the Appalachian Trail across the City-owned property known as the Carvins Cove Reservoir Watershed, 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 offer to sell easement and the subsequent deed of easement granting the United Sates of America an 827.31-acre easement across City-owned property located across the Carvins Cove Reservoir Watershed, for a consideration of $325,000 ($392.84 per acre), upon certain terms and conditions, as more particularly set forth in the report to Water Resources Committee dated April 6, 1998. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33775-042098. AN ORDINANCE granting a revocable license for the construction of a marquee above the entrance to an existing building, encroaching approximately 10' 6" inches over and into airspace over the public sidewalk right-of-way along the front of the building located at 109 Jefferson Street, Official Tax No. 1011126, upon certain terms and conditions. 437 BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owner Hong Ki Min ("Licensee") and his grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1011126, otherwise known as 109 Jefferson Street, within the City of Roanoke, to construct and maintain a marquee that will encroach approximately 10' 6" into the air space above the sidewalk right-of-way of the existing structure, as more fully described in a report to the Water Resources Committee dated April 6, 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 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 public right-of-way and airspace. 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 the following: A. General Aggregate $300,000; B. Products - Completed/Operations Aggregate $1,000,000; C. Personal and Advertising Injury $1,000,000; D. Each Occurrence $300,000; Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Certificate 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 Hong Ki Min, 5 Campbell Avenue, S.W., Roanoke, Virginia. 438 6.. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Hong Ki Min, 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 Hong Ki Min COMMONWEALTH OF VIRGINIA ~ To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this __ day of ,19 , by Hong Ki Min. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1998. No. 33779-042098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School, General, and Capital Projects Funds Appropriations, and providing for an emergency. 439 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 1997-98 School, General, and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund A_o_~ropriations Education Opportunity Knocks (GED) 97-98 (1-3) ............. Impact Aid 97-98 (4-5) .......................... 1998 Western Virginia Regional Science Fair (6-11) .. Goals 2000 Technology Support 1997 (12) .......... Food Services (13) ............................. Facilities (14-18) ............................... Instructional (19) ............................... $ 113,271,371.00 4,672.00 12,671.00 7,750.00 2,785.00 3,989,153.00 2,564,979.00 64,232,949.00 Revenue Education Opportunity Knocks (GED) 97-98 (20) ............. Impact Aid 97-98 (21) ........................... 1998 Western Virginia Regional Science Fair (22-23) . Goals 2000 Technology Support 1997 (24) .......... Grants-In-Aid Federal (25) ....................... Non-Operating (26) ............................. 110,623,754.00 4,672.00 12,671.00 7,750.00 2,785.00 2,648,172.00 41,543,029.00 General Fund Appropriations Nondepartmental $ 59,622,153.00 Transfer to Other Funds (27) ..................... 58,907,132.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (28) ...................... $ 199,901.00 Capital Projects Fund A.~pro.oriations 440 Education Wilson Middle School Renovations (29-31) ......... Instructional Technology (32) .................... Capital Improvement Reserve Public Improvement Bonds - Series 1997 (33) ....... 27,923,732.00 9,155,224.00 150,000.00 15,067,044.00 5,315,450.00 Revenue Accounts Receivable - Asbestos Lawsuit (34) ....... $ Due From VPSA Bonds - Wilson Middle School (35) .................................. Due From VPSA Bonds - Breckinridge (36) ......... 1,994.00 16,954.00 6,500.00 1) Instructors (030-060-6701-6334-0129) 2) FICA (030-060-6701-6334-0201) 3) Textbooks (030-060-6701-6334-0613) 4) Part-Time Teachers (030-060-6971-6000-0121 ) 5) Social Security (030-060-6971-6000-0201) 6) Security Services (030-060-6978-6311-0195) 7) Social Security (030-060-6978-6311-0201) 8) Contracted Services (030-060-6978-6311-0313) 9) Travel Expenses (030-060-6978-6311-0554) 10) Membership Fees (030-060-6978-6311-0581) 11) Instructional Supplies (030-060-6978-6311-0614) 12) Technology Support and Training (030-060-6979-6102-0126) 13) Food and Food Supplies (030-060-6005-6788-0602) 14) Elementary School Equipment (030-060-6006-6000-0821) 15) Secondary School Equipment (030-060-6006-6100-0821) 16) Wilson Middle School Equipment (030-060-6006-6100-0822) 17) Facility Maintenance (030-060-6006-6896-0809) $ 1,605.00 122.00 200.00 1,765.00 135.00 100.00 8.00 200.00 6,400.00 500.00 542.00 2,782.00 175,000.00 25,602.00 36,258.00 14,635.00 56,005.00 441 18) Roof Repairs - Fishburn Park (030-060-6006-6896-0809) 19) Matching Fund (030-060-6001-6111-0588) 20) Fees 21) Donations 22) Local Match 23) Fees 24) Federal Grant Receipts 25) Federal Food Aid 26) Transfer from General Fund 27) Transfer to School Fund 28) CMERP - School 29) Appropriation from Bond Funds 30) Appropriation from Third Party 31) Appropriation from Literary Loan/VPSA Bond 32) Appropriation from Bond Funds 33) Schools 34) Accounts Receivable - Asbestos Lawsuit (008-1259) 35) Due From VPSA Bonds - Wilson Middle (008-1322) 36) Due From VPSA Bonds - Breckinridge (008-1321) (030-060-6701-1103) (030-060-6971-1103) (030-060-6978-1101) (030-060-6978-1103) (030-060-6979-1102) (030-060-6000-0712) (030-060-6000-1037) (001-004-9310-9530) (001-3324) (008-060-6088-6896-9001) (008-060-6088-6896-9004) (008-060-6088~896-9006) (008-060-6092-6896-9001) (008-052-9706-9182) $ 80,000.00 ( 2,000.00) 1,927.00 1,900.00 2,000.00 5,750.00 2,785.00 175,000.00 212,500.00 212,500.00 (212,500.00) 100,000.00 1,994.00 23,454.00 150,000.00 (250,000.00) 1,994.00 16,954.00 6,500.00 442 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 20th day of April, 1998. No. 33780-042098. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1998-1999, 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 1998-1999, in the amount of $8,004,000 is hereby approved, all as more particularly set forth in the report to this Council dated April 20, 1998, from the Roanoke City representative to the Roanoke Valley Resource Authority. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33781-042098. A RESOLUTION expressing appreciation and recognizing Mrs. Linda Blair, Mrs. Susan Blaylock, Mr. Melville Carico, William H. Cleveland, Esquire, the 443 Honorable Beverly T. Fitzpatrick, Sr., Mrs. Sandy Gates, Colonel James P. Godsey, Mrs. Nancy Geohring, Dr. Bernard Hairston, Mr. Harry Tucker Haskins, Jr., Dr. William L. Hill, Mr. Wendell Hipkins, the late M. David Hooper, Mr. Michael Lazurri, Mr. Dana Martin, Mrs. Wendy Moore, Dr. Harry C. Nickens, Jr., Dr. Dreatha Phillips, Mrs. Chris Pickard, Mrs. Laura Pope, Mr. John Rauck, Mr. Tommy Reid, Jr., Mr. Norman Sprinkle, Dr. Graham Stephens, Mr. Frank Turk, Mr. J. Michael Vulgan and Mr. Roland Wine for their dedicated services while serving on the Court- Community Corrections Policy Board and the Roanoke Area Community Corrections Resources Board from 1980 through 1995. WHEREAS, the aforementioned persons voluntarily represented the interests of the citizens of the jurisdictions within the Roanoke Valley on the regional Court- Community Corrections Policy Board and the Roanoke Area Community Corrections Resources Board from 1980 through 1995; WHEREAS, these individuals freely and willingly gave of their personal time to enhance the quality of life for the citizens of Botetourt County, Craig County, Roanoke County, City of Roanoke, City of Salem and Town of Vinton; and WHEREAS, City Council, on behalf of its citizens, hereby extends its gratitude to each of these individuals for their personal dedication and professional contributions to ensure the effective implementation of the Alcohol Safety Action Program and the Community Diversion Incentive Program, enhancing our criminal justice system's public safety mission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The herein named honorees, in appreciation for their personal commitment and professional dedication, are hereby recognized for their contributions to the criminal justice system and the citizens of the Roanoke Valley. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Gerald S. Holt, Chairman, Court-Community Corrections Regional Criminal Justice Board, and to James T. Phipps, Director, Court-Community Corrections Program. APPROVED Mary F. Parker City Clerk Mayor 444 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33782~42098. A RESOLUTION approving the funding distribution methodology for incentive funds to be distributed to the Fifth Planning District Regional Alliance. WHEREAS, the Fifth Planning District Regional Alliance was created by local governments to promote increased levels of interjurisdictional cooperation in order to improve the regional economic competitiveness; WHEREAS, the Fifth Planning District Regional Alliance was formed under the authority of the 1996 Regional Competitiveness Act and this legislation provides incentive funds to jurisdictions within a region that agree to participate in regional cooperative activities; WHEREAS, the Council of the City of Roanoke has, by resolution, made a commitment to participate in the Fifth Planning District Regional Alliance; WHEREAS, the Regional Competitiveness Program requires that each participating local government within the region approve by resolution a methodology for the distribution of incentive funds; and WHEREAS, by a vote of those attending the March 19, 1998, meeting of the Fifth Planning District Regional Alliance Board of Directors, it was unanimously recommended to local governments that funds provided through the Regional Competiveness Program be distributed to the Alliance to assist in funding regional projects as presented in the regional Economic Strategic Plan, and that the Alliance Board must approve the use of such funds before the funds are expended. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke approves the allocation of any Regional Competitiveness incentive funds to be paid to the Fifth Planning District Regional Alliance and that such funds be used to help implement the regional programs and projects as presented in the Economic Strategic Plan. APPROVED Mary F. Parker City Clerk Mayor 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33783-042098. A RESOLUTION authorizing the City Manager to execute a agreement with the Art Museum of Western Virginia, upon certain conditions. three-year terms and 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 the Art Museum of Western Virginia, for a three-year period (1998, 1999 and 2000), in accordance with the recommendations of the City Manager, and in substantially similar form as the agreement attached to the City Manager's report to this Council dated April 20, 1998. 2. The form of the agreement shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33784-042098. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the three-year 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, Amendment No. 1 to the three-year agreement with Roanoke Festival 446 in the Park, Inc., authorizing the City to increase its in-kind support to $54,719.00, utilizing a 2.75% Consumer Price Index Annual Escalator, said Amendment No. 1 to be substantially similar in form to the amendment attached to the City Manager's report dated April 20, 1998, to this Council. 2. The form of the amendment shall be approved by the City Attorney. APPROVED Mary F. Parker ~ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1998. No. 33785-042098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ro_~riations Capital Outlay (1) ............................... Retained Earnings Retained Earnings - Unrestricted (2) ............... 1) Vehicular Equipment (016-056-2626-9010) 2) Retained Earnings (016-3336) $ 582,557.00 $ 2,049,020.00 $71,333.00 (71,333.00) 447 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 20th day of April, 1998. No. 33786-042098. A RESOLUTION accepting bids made to the City for furnishing and delivering trucks and related equipment upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 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 Number Purchase Price 1 One (1) new full-size 4-wheel drive pickup truck and Magic City Motor Corporation $58,767.10 two (2) new mid-size pickups 2 One (1) new 2-ton truck cab/chassis Highway Motors, Inc. $30,253.00 3 One (1) new heavy duty service truck body and two General Truck Body Company, $10,470.00 (2) Iow profile utility bodies Inc. 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. 448 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: Mary F. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1998. No. 33787-042098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 25,787,630.00 Parks and Grounds Maintenance (1) ............. 4,393,037.00 Fund Balance Reserved for CMERP - City (2) .................... $ 2,777,918.00 1) Other Equipment (001-052-4340-9015) $59,890.00 2) Reserved for CMERP - City (001-3323) (59,890.00) 449 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 20th day of April, 1998. No. 33788-042098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A.~_~ro_oriations Public Safety $ 1,426,945.00 Local Law Enforcement Block Grant 97-99 (1-2) ...... 141,111.00 Revenue Public Safety $ 1,426,945.00 Local Law Enforcement Block Grant 97-99 (3-4) ...... 141,111.00 1) Overtime Wages 2) Expendable Equipment <$1,000 3) Federal Grant Receipts 4) Local Match (035-050-3311-1003) (035-050-3311-2035) (035-035-1234-7273) (035-035-1234-7274) 111,111.00 30,000.00 127,013.00 14,098.00 45O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33789-042098. AN ORDINANCE authorizing the proper City officials to enter into a right-of- entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow the City to conduct a Phase II Environmental Site Assessment of property owned by the railroad, in connection with the Railside Linear Park Project, 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 or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a right- of-entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow the City to conduct a Phase II Environmental Site Assessment of property owned by the railroad, in order to complete testing to determine the environmental condition and suitability of property needed for the Railside Linear Park Project. Such aqreement may provide for indemnification by the City and shall contain any other reasonable terms and conditions deemed necessary and appropriate by the City Manager, as more particularly set forth in the report to this Council April 20, 1998. The form of the agreement shall be approved by the City Attorney. 451 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 Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1998. No. 33790-042098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY 97 Unprogrammed CDBG (1-3) ....................... Community Development Block Grant FY 98 Unprogrammed CDBG (4-6) ........................ $ 2,763,239.00 430,843.00 2,952,902.00 516,213.00 Revenue Community Development Block Grant FY97 (7-17) ..... $ 2,763,239.00 Community Development Block Grant FY98 (18-21) ..... 2,952,902.00 1) Unprogrammed CDBG - RRHA (035-097-9740-5197) 2) Unprogrammed CDBG - Land Sales (035-097-9740-5187) $ 61,785.00 62,425.00 452 3) Unprogrammed CDBG - Other (035-097-9740-5189) 4) Unprogrammed CDBG - Section 108 Repayment (035-098-9840-5188) 5) Unprogrammed CDBG - RRHA (035-098-9840-5197) 6) Unprogrammed CDBG - Land Sales (035-098-9840-5187) 7) Parking Lot Income (035-035-1234-9702) 8) Other Program Income - RRHA (035-035-1234-9703) 9) Demolition (035-035-1234-9704) 10) Williamson Road Garage Income (035-035-1234-9707) 11) Loan Payment - NNEO - 810 Loudon (035-035-1234-9709) 12) TAP - SRO Loan Repayments (035-035-1234-9720) 13) Home Ownership Assistance (035-035-1234-9722) 14) Deanwood Land Sale (035-035-1234-9729) 15) Hotel Roanoke Section 108 Loan Repayment (035-035-1234-9734) 16) Gilmer Avenue Land Sale (035-035-1234-9735) 17) Rental Rehabilitation Repayments (035-035-1234-9740) 18) Deanwood Land Sale (035-035-1234-9829) 19) Hotel Roanoke Section 108 Loan Repayment (035-035-1234-9834) 20) Rental Rehabilitation Repayments (035-035-1234-9840) 21) RRHA Accrued Leave Repayment (035-035-1234-9841) $ 4,131.00 309,597.00 95,149.00 47,972.00 3,019.00 26,125.00 1,380.00 (2,854.00) ( 76.00) (1,592.00) 7,272.00 2,500.00 1.00 59,925.00 32,641.00 47,972.00 309,597.00 23,499.00 71,650.00 453 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mary F. Parker City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1998. No. 33791-042098. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 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 $ 60,182,751.00 Transfers to Other Funds (1) ..................... 58,307,825.00 Fund Balance Reserved for CMERP - City (2) ..................... $ 2,644,467.00 Capital Projects Fund A_o.oropriations 454 General Government Capital Projects $ 13,258,619.00 Renovate City Market Building (3) ................. 140,598.00 1) Transfers to Other Funds 2) Reserved fOr CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9699-9003) $140,598.00 (140,598.00) 140,598.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33792-042098. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke, and awarding a contract for bid Item No. 1, replacement of the wood windows in the City Market Building, upon certain terms and conditions; authorizing the proper City officials to execute the necessary contract for the work; rejecting all other bids made for bid Item Nos. 1, 2, 3 and 4; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid submitted by U.S. Construction Co. of Roanoke for bid Item No. 1, replacement of wood windows in the City Market Building, at a total cost of $140,598.00, is hereby ACCEPTED. 2. The City Manager or his designee is hereby authorized and directed to enter into a contractual agreement with U.S. Construction Co. of Roanoke for such work, in accordance with the bid specifications, and as more particularly set forth in the City Manager's report to this Council dated April 20, 1998, said contract to be in a form approved by the City Attorney. 455 3. Any and all other bids made to the City for Bid Item Nos. 1, 2, 3 and 4 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: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1998. No. 33793-042098. A RESOLUTION rejecting all bids for the Garden City Demolition Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids that were submitted and received for the March 31, 1998, bid opening for the Garden City Demolition Project, and as more fully set forth in the April 20, 1998, report to Council, 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 the rebid of the project is hereby approved. ATTEST: APPROVED Mary F. Parker City Clerk ................ Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33794-050498. AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc. (the "Lessee"), for the lease of certain airspace over Crystal Spring Avenue, S.W., in the City, for a term of sixty (60) years. 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 certain airspace over Crystal Spring Avenue, S.W., in the City for a term of sixty (60) years; WHEREAS, one bid for the lease of such airspace was received when bids were publicly opened at the Council meeting held on April 20, 1998; WHEREAS, the bid of Lessee, to lease such airspace for a term of sixty (60) years commencing on May 14, 1998 and ending on May 13, 2058, for a one-time rental payment in the total amount of $75,600.00, 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 20, 1998; 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 air rights; and WHEREAS, Council found the bid of Lessee was the highest and best bid made to the City for such 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 Lessee to lease certain airspace over Crystal Spring Avenue, S.W., in the City, such airspace being more particularly described in the Public Notice and Advertisement for Bids, a copy of which is on file in the Office of the City Clerk, for a term of sixty (60) years, commencing on May 14, 1998 and ending on May 13, 2058, for a one-time rental payment of $75,600.00, to be paid prior to May 14, 1998, and upon certain other terms and conditions set out in the lease and incorporated by reference and the bid of Lessee is hereby ACCEPTED. 457 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 Lessee for such 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 Lessee at the address indicated on Lessee's bid. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33795-050498. 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, Sharon K. Burnham and Joseph W. H. Mott filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on April 20, 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 458 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: Those certain areas consisting of two parcels of land, being a .06-acre parcel located adjacent to Official Tax Nos. 1260321 and 1260118 on Oakwood Drive, S.W., and a .04-acre parcel located adjacent to Official Tax No. 1260321, as shown on the Map of Oak Hill Subdivision, recorded at Plat Book 2, page 78, 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 Agent for the Planning Commission, receive all required approvals of, and record with the Clerk for 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 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. 459 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 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. 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 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.~arker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33796-050498. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. 460 WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc. filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on April 20, 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: All of 10 112 Street, S.W., and a 10 foot alley lying parallel to same, be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, 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. 461 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT 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 Mayor 462 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33797-050498. A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Blue Ridge Development Corporation, 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 1997-98 HOME Investment Partnership (HOME) Program Agreement with the Blue Ridge Development Corporation, 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 May 4, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33799-050498. A RESOLUTION whereby the City agrees to assume the responsibility for administration of the Virginia Institute for Social Services Training Activities (VlSSTA) Program, and authorizing the City Manager to execute the necessary agreement with the Virginia Department of Social Services, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City does hereby agree to assume the responsibility for administration of the VlSSTA Program. 463 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, an agreement with the Virginia Department of Social Services for implementation of the VISSTA Program, in accordance with the recommendations contained in the City Manager's report to this Council dated May 4, 1998. 3. The form of the agreement shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33800-050498. AN ORDINANCE amending and reordaining subsection (a) of §24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, redesignating current subsection (b) to subsection (c), adding new subsection (b) of §24-26, and repealing current subsection (c) of §24-26, providing that the Roanoke Civic Center Commission shall establish fees, rentals, rates, charges, and terms for the use of the civic center for events at the civic center and that the civic center manager may negotiate and execute contracts, licenses, or leases for the use of the civic center under certain conditions; amending and reordaining subsection (a) (2) of §24-48, Authority_. providing that the Roanoke Civic Center Commission shall have authority to establish fees, rentals, rates, charges, and terms for the use of the civic center as provided for in §24-26 of this Code; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (c) of §24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, is hereby repealed and replaced as hereafter set forth. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read as follows: 464 §24-26. Rates for use and terms. (a) The Roanoke Civic Center Commission shall establish from time to time a current schedule of fees, rentals, rates, charges, and terms to be required for use of the civic center and, subject to such limits and guidelines as the commission may impose, authorize the civic center manager to vary the fees, rentals, rates, charges, and terms in certain instances for events at the civic center, including, without limitation, concerts, plays, sporting events, circuses or ice shows. (b) The civic center manager may negotiate and execute contracts, licenses, or leases for the use of the civic center for single or multiple date events, with the approval of the city manager or his designee, that occur during any period of time of less than 12 months. Furthermore, the civic center manager may negotiate and execute contracts, licenses, or leases for the use of the civic center for multiple date events, with the concurrence of the city manager or his designee, that occur over a time period of 12 months or more, but less than 60 months, with the approval of the Roanoke Civic Center Commission. (c) A cash deposit or certified check equal to one-half of the rent shall be deposited with the city six (6) months in advance of the event or with the return of the contract, whichever is later. The balance of the rent shall be paid upon completion of the event unless otherwise agreed. In the case of a public ticket sale where monies from ticket sales on deposit in the civic center box office would equal or exceed the balance of the rent, this requirement may be waived by the civic center manager. In negotiating contracts for use of the civic center, the civic center manager may, with the written approval of the city manager and for good cause appearing to the city manager, reduce, waive or enlarge any of the requirements set forth in this subparagraph. (d) Civic, religious and charitable organizations, the incomes of which are exempt from taxation under the United States Internal Revenue Code, may apply to the civic center manager for a civic rate, as established by the Roanoke Civic Center Commission, to conduct a nonprofit activity at the civic center, where the proceeds do not accrue to the benefit of an individual, business or commercial entity. The civic center manager may authorize the use of a civic rate, where such rate has been established by the Roanoke Civic Center Commission. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 465 §24-48. Authority_ (a) The commission shall be the policy making arm of the civic center and, to that end, is hereby delegated and shall exercise authority in the following matters: (2) To establish fees, rentals, rates, charges, and terms for the use of the civic center as provided for in §24-26 of this Code. 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 4th day of May, 1998. No. 33801-050498. AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the construction of the storm water management improvements at the Roanoke Centre for Industry and Technology, 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 $163,780, for the construction of the storm water management improvements at the Roanoke Centre for Industry and Technology, as is more particularly set forth in the May 4, 1998, report 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. 466 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 David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1998. No. 33802-050498. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_~ropriations Public Works $ 26,140,658.00 Paving Program (1) ........................ 1,584,241.00 467 Fund Balance Reserved for CMERP - City (2) ................ $ 1,055,403.00 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 Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1998. No. 33803-050498. 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: 1. The bid of L. H. Sawyer Paving Company, Inc., made to the City in the total amount of $1,524,258 (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 4, 1998, 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. 468 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33804-050498. AN ORDINANCE accepting the bid of Alan L. Amos, Inc., for the demolition and asbestos abatement of 26 houses for the Garden City Demolition 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 Alan L. Amos, Inc., in the total amount of $152,839 for the demolition and asbestos abatement of 26 houses for the Garden City Demolition Project, as is more particularly set forth in the City Manager's report dated May 4, 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. 469 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1998. No. 33806-050498. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporo_oriations General Government Capital Projects $ 14,905,521.00 Proposed Police Facility (1) ...................... 895,000.00 470 Capital Improvement Reserve $ 13,605,944.00 Public Improvement Bonds - Series 1997 (2) ....... 4,004,350.00 1) Appropriated from Bond Funds 2) Buildings (008-052-9564-9001) (008-052-9706-9183) $ 820,000.00 (820,000.00) 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 4th day of May, 1998. No. 33807-050498. AN ORDINANCE providing for the acquisition of certain real property, and the improvements thereon, needed by the City for additional space for the Roanoke City Police Department; 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 adequate space for the Roanoke City Police Department, the City wants and needs certain real property, and the improvements thereon, bearing Official Tax No. 1011306, located at 348 Campbell Avenue, S.W., as set forth in the report and attachments thereto of the Water Resources Committee dated May 4, 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. 471 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 total consideration offered or expended and any and all necessary closing costs, including title search fees, attorney's fees, and recordation costs, shall not exceed $820,000.00 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. 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 §25-46.8 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 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33808-050498. A RESOLUTION declaring certain City-owned real estate, identified by Official Tax Nos. 7390713 and 7400500, to be surplus property and authorizing its advertisement for sale to the general public. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council does hereby declare two tracts of City-owned real estate, located at the end of Nelms Lane, N.E., bearing Official Tax Nos. 7390713 and 7400500, as more particularly shown on an attachment to the Water Resources Committee report to this Council dated May 4, 1998, as surplus property. 2. The City Manager, or his designee, is authorized to advertise this property for sale to the general public in a newspaper with general circulation, in accordance with the provisions in the Water Resources Committee report to this Council dated May 4, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33809-050498. AN ORDINANCE authorizing acceptance of certain property rights from the Commonwealth of Virginia, State Board for Community Colleges, in connection with the Colonial/McNeil Signalization Project; and providing for an emergency. 473 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City authorizes the appropriate City officials to take the necessary action to accept the conveyance of certain property rights from the Commonwealth of Virginia, State Board for Community Colleges, in connection with the Colonial/McNeil Signalization Project upon its property located on Colonial Avenue, S.W., on the northerly campus of the Virginia Western Community College, such conveyance to be by instrument approved by the City Attorney and to contain certain indemnification language, as more particularly set forth in the report of the Water Resources Committee to this Council dated May 4, 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33810-050498. AN ORDINANCE authorizing the City Manager to enter into an agreement with First Campbell LC, for the leasing of office and classroom space on the Fourth Floor of the First Campbell Square Building located at 210 First Street, S.W., to house the Virginia Institute for Social Services Training Activities (VlSSTA) Program and staff, 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, the appropriate lease agreement with First Campbell, LC, for the lease of 2,250 square feet of office and classroom space on the Fourth Floor of the First Campbell Square Building located 474 at 210 Campbell Avenue, S.W., to house the VISSTA Program and staff; said lease shall be for a term of not more than five years; the annual lease rate is $11.90 per square foot of space; said lease shall be upon such other terms and conditions as more particularly described in the Water Resources Committee report to this Council dated May 4, 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1998. No. 33812-050498. AN ORDINANCE authorizing and directing the proper City officials to enter into a lease agreement between Times-World Corporation and the City, for the City's use of the broadcast tower, building and the other facilities located on Mill Mountain for public purpose communications, 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 hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, a lease agreement between Times-World Corporation and the City, for the City's use of the broadcast tower, .building and the other facilities located on Mill Mountain for public purpose communications, as more particularly set forth in the report of the City Manager dated May 4, 1998. 475 2. The term of said lease agreement shall be for an initial period of 15 years commencing on April 1, 1998, and ending March 31, 2013, and thereafter, at the option of the City for five renewable five-year terms upon the same rental terms, conditions and reservations, as more fully contained in the draft lease agreement attached to said report. 3. The City shall pay to Times-World Corporation as rent on or before April 10, 1998, and on April 10 of each succeeding year in which this lease agreement is in effect the sum of $1,200 plus the then current year's property taxes, on such tower assessed against Times-World Corporation. 4. Such lease shall contain such other terms and conditions as are substantially similar to the draft lease agreement attached to said report and approved by the City Attorney. 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 4th day of May, 1998. No. 33813-050498. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 1998-99 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. 476 WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 1998- 99 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 $116,230.00, 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 1998-99 for the operation of the regional government and regional educational access station, RVTV, as set forth in a report to this Council dated May 4, 1998, is hereby approved. 2. The amount of $116,230.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 1998- 99 as requested in the report to this Council dated May 4, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 477 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33814-051198. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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, 1998, and ending June 30, 1999, 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 68,208,685.00 51,752,919.00 623,800.00 1,035,000.00 1,043,760.00 40,184,167.00 4,260.00 5,405,043.00 274,300.00 Total Revenues $168,561,934.00 A_r)_~ropriations City Council City Clerk City Manager Management and Budget Personnel Management Occupational Health Clinic Memberships and Affiliations Economic Development/Grants Grants Compliance Personnel Lapse Supplemental Employee Compensation 242,491.00 350,888.00 683,932.00 521,423.00 749,388.00 288,233.00 1,360,390.00 380,942.00 4,329.00 879,326.00) 67,287.00 478 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 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 306,511.00 2,823,282.00 8,108,557.00 1,885,442.00 413,791.00 391.868.00 485,616.00 572,450.00 10,430,881.00 651,337.00 1,859,144.00 379,244.00 639,607.00 1,905,971.00 1,254,269.00 1,190,150.00 100,000.00 41,847,029.00 10,742,626.00 5,743,283.00 452,698.00 218,307.00 925,351.00 941,077.00 892,298.00 21,174.00 1,730,166.00 8,534,799.00 1,030,821.00 68,784.OO 1,101,073.00 149,245.00 13,929,451.00 13,999,428.00 144,672.00 2,184,091.00 148,821.00 949,319.00 2,300,637.00 1,197,112.00 96,523.00 906,000.00 1,322,868.00 4,948,349.00 588,499.00 997,716.00 479 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 Crisis Intervention Health Department Mental Health Human Services Committee Cultural Services Committee Total Action Against Poverty Social Services - Administration Enhanced Fraud Control Income Maintenance Social Services - Services Employment Services Foster Parent Training Virginia Institute for Social Services Training Activities (VlSSTA) Hospitalization Program Comprehensive Services Act Libraries Virginia Cooperative Extension Service Supply Management Director of Utilities and Operations General District Court Magistrate's Office Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk 736,381.00 111,746.00 4,247,517.00 7,186,130.00 1,360,814.00 113,659.00 1,377,495.00 3,158,850.00 3,942,425.00 1,721,463.00 26,516.00 885,697.00 265,325.00 125,330.00 1,163,411.00 187,049.00 444,851.00 524,860.00 980,507.00 367,337.00 424,120.00 444,140.00 219,684.00 13,756,247.00 241,280.00 100,000.00 7,901,758.00 2,097,267.00 63 224.00 276 O96.OO 193 795.00 35 375.00 5 534.00 195 586.00 51,206.00 34,070.0O Total Appropriations $168,561,934.00 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; 480 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 1998-99 General Fund Appropriation Ordinance; and 5. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1998. 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, 1998. No. 33815-051198. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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 t, 1998, and ending June 30, 1999, 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: 481 Revenues Operating Non-Operating $ 8,825,250.00 350.000.00 Total Revenues $ 9.175,250.00 A_oDroDriations General Operating Expenses Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $ 2,348,257.00 682,744.00 1.865,900.00 $ 4,896,901.00 1,370,000.00 1,209,513.00 1,698,836.00 Total Appropriations $ 9.175.250.00 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 1998-99 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33816-051198. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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, 1998, and ending June 30, 1999, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating $ 9,583,000.00 295,100.00 TotelRevenues $ 9,878,100.00 A_D_~ro_oriations Administration Maintenance Operations Laboratory Lateral Maintenance and Replacement Depreciation Capital Outlay Interest Expense 1,814,719.00 1,050,515.00 2,373,087.00 258,703.00 2,376,793.00 7,873,817.00 1,098,925.00 104,000.00 801,358.00 Total Appropriations $ 9.878,100.00 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 ~ited as the 1998-99 Sewage Treatment Fund Appropriation Ordinance; and 483 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33817-051198. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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, 1998, and ending June 30, 1999, 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 $ 1,688,500.00 881,136.00 Total Revenues $ 2,569,636.00 484 ADDrooriations Operating Expenses Promotional Expenses Concessions Depreciation Capital Outlay 2,136,163.00 244,231.00 139.242.00 2,519,636.00 417,000.00 50,000.00 Total Appropriations $ 2.986.636.00 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 1998-99 Civic Center Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor David A. Bowers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33818-051198. AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 485 1. That all money that shall be paid into the City Treasury for the Transportation Fund in the fiscal year beginning July 1, 1998, and ending June 30, 1999, 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 $ 1,621,377.00 1.014.506.00 Total Revenues $ 2,635,883.00 Appropriations Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Depreciation Interest Expense Transfer to Other Funds 94,742.00 220.325.00 65.427.00 173.855.00 148.932.00 18.244.00 543.000.00 540.098.00 1,028,260.00 Total Appropriations $ 2.832.883.00 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 1998-99 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33819-051198. AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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 City Information Systems Fund in the fiscal year beginning July 1, 1998, and ending June 30, 1999, 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 $ 3,159,356.00 250,247.00 TotalRevenues $ 3.409,603.00 A0_~ro_oriations Operating Expenses Computer Aided Dispatch Telephone Systems Maintenance Depreciation Expense Capital Outlay - Computer Aided Dispatch Capital Outlay - Telephones 2,538,246.00 82,528.00 30,000.00 568,000.00 110,829.00 80.000.00 Total Appropriations $ 3.409.603.00 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 1997-98 City Information Systems Fund Appropriation Ordinance; and 487 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, 1998. APPROVED ATTEST: City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33820-051198. AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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 Materials Control Fund in the fiscal year beginning July 1, 1998, and ending June 30, 1999, shall constitute a Materials Control Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating $ 151.350.00 Total Revenues $ 151,350.00 Ao_~ro_~riations Operating Expenses Depreciation Expenses $ 149,506.00 1,844.00 Total Appropriations $ 151,350.00 488 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 1998-99 Materials Control Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1998. APPROVED Mary F'. P~arker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33821-051198. AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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, 1998, and ending June 30, 1999, 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 $ 128.315.00 Total Revenues $ 128.315.00 489 Appro_oriations Operating Expenses Depreciation Expenses Total Appropriations $ 116,485.00 11,830.00 $ 128,315.00 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 1998-99 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33822-051198. AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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 Utility Line Services Fund in the fiscal year beginning July 1, 1998, and ending June 30, 1999, shall constitute a Utility Line 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: 490 Reve i1 u es Operating Non-Operating Total Revenues AD_oroDriations Operating Expenses Depreciation Expense Total Appropriations $ 3,203,635.00 37.362.00 $ 3.240.997.00 $ 3,057,097.00 183.900.00 $ 3.240,997.00 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 1998-99 Utility Line 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, 1998. 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, 1998. No. 33823-051198. AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; and declaring the existence of an emergency. 491 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, 1998, and ending June 30, 1999, 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 $ 3,165,101.00 30,000.00 Total Revenues $ 3,195,101.00 Appropriations Operating Expenses Capital Outlay Depreciation Expense Total Appropriations $ 2,032,610.00 1,025,000.00 1,500,000.00 $ 4,557,610.00 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 1998-99 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 492 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33824-051198. AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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, 1998, and ending June 30, 1999, 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 A_o_r) ropriations Operating Expenses Depreciation Expenses Total Appropriations $ 6,367,821.00 285,523.00 $ 6.653,344.00 $ 6,645,579.00 7,765.00 $ 6.653.344.00 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 1998-99 Risk Management Fund Appropriation Ordinance; and 493 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1998. No. 33825-051198. AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; 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, 1998, and ending June 30, 1999, 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 $ 35,882,469.00 8,269,520.00 2,924,162.00 2,958,735.00 41,847,029.00 200,000.00 Total Revenues $ 92,081,915.00 494 Aopropriations Instruction General Support Transportation Operation/Maintenance of Plant Food Services Facilities Other Uses of Funds 69,453,847.00 3,350,644.00 3,186,593.00 9,238,233.00 4,143,348.00 150,000.00 2.559,250.00 Total Appropriations $ 92.081.915.00 2. That this Ordinance shall be known and cited as the 1998-99 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, 1998. 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, 1998. No. 33826-051198. AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 495 1. That the 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, 1998, and ending June 30, 1999, 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 98-99 Virginia Juvenile Community Crime Control Act (VJCCCA) $ 89,643.00 73,495.00 475,196.00 Total Revenues $ 638.334.00 Appropriations Comprehensive Services Act Administration Neighborhood Partnership 98-99 Electronic Monitoring - Outreach Dentention Family Counselor -Youth Haven Substance Abuse Counselor - Youth Haven Aggression Replacement Training- Crisis Intervention Street Law - Court Services Specialized Probation - Court Services Substance Abuse Counselor - CSU Enhanced Community Service - CSU Intensive Supervision - CSU 89,643.00 73,495.00 50,110.00 41,347.00 9,960.00 55,603.00 3,899.00 41,231.00 70,367.00 80,621.00 122.058.00 Total Appropriations $ 638,334.00 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 1998-99 Grant Fund Appropriation Ordinance; and '.¸4 496 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, 1998. 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, 1998. No. 33827-051198. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 1998; 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 Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Department who are members of the Regional Hazardous Materials Response Team; repealing Ordinance No. 33396-051297, adopted May 12, 1997, 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, 1998, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: Pay Grade 01 O2 O3 O4 05 06 07 08 O9 10 11 12 13 14 15 16 17 18 19 2O CITY OF ROANOKE, VIRGINIA PAY PLAN July 1, 1998 Minimum Midpoint Maximum Merit Annual Annual Annual Increase Salary Salary Salary Amount $13,276.38 $15,601.00 $17,924.92 $624.00 13,941.98 16,383.00 18,823.48 655.20 14,639.82 17,203.00 19,765.72 688.22 15,371.72 18,063.00 20,753.72 722.54 16,140.02 18,966.00 21,791.38 758.68 17,350.06 20,388.00 23,424.96 815.62 18,689.32 22,428.00 26,166.40 897.00 20,649.20 24,780.00 28,910.18 991.12 22,817.34 27,382.00 31,945.94 1,095.38 25,214.80 30,259.00 35,302.54 1,210.30 26,749.58 33,437.00 40,124.50 1,337.44 29,555.24 36,944.00 44,332.86 1,477.84 32,674.46 40,843.00 49,011.56 1,633.84 36,138.44 45,173.00 54,207.66 1,807.00 39,986.44 49,983.00 59,979.66 1,999.40 43,398.42 55,334.00 67,268.50 2,213.38 48,062.56 61,281.00 74,498.06 2,451.28 53,252.42 67,898.00 82,542.20 2,715.96 57,895.50 75,267.00 92,635.92 3,010.80 64,205.18 83,470.00 102,731.98 3,338.92 497 498 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, 1998, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Merit increases, generally in the amount of 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. The specific percentage of a merit increase shall be related to an individual officer's or employee's location in a pay range and shall be determined pursuant to merit evaluation policies and procedures promulgated by the City Manager. For officers and employees appointed or hired after July 1, 1997, 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 effective July 1, 1998. 6. When any salary increase provided in paragraph 4 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 on July 1, 1998, 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 on July 1, 1998. 7. 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 ANNUAL SALARY INCREMENT Appraiser Assistant City Manager Assistant Civic Center Manager Assistant to City Manager for Community Relations City Attorney City Clerk $ 1,620.00 $ 1,800.00 $ 990.00 $ 1,080.00 $ 2,000.00 $ 2,000.00 499 Deputy Director of Real Estate Valuation Director of Finance Director of Human Development Director of Public Safety Director of Real Estate Valuation Junior Appraiser Manager of Civic Center Municipal Auditor Senior Appraiser Senior Tax Compliance Administrator Superintendent of Social Services Tax Compliance Administrator Youth Services Planner $ 1,620.00 $ 2,000.00 $ 1,800.00 $ 1,800.00 $ 2,000.00 $ 1,620.00 $ 990.00 $ 2,000.00 $ 1,620.00 $ 1,300.00 $ 45O.00 $1,3oo.oo $ 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. 8. 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. 9. Each Firefighter, Lieutenant or Captain of the Fire Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary increment of $1,200 payable on a bi- weekly basis. 10. Each Firefighter, Lieutenant or Captain of the Fire Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200 payable on a bi-weekly basis. 11. To the extent of any inconsistency, Ordinance No. 33396-051297, adopted May 12, 1997, is hereby REPEALED. 12. Any increase in compensation due to any officer or employee under this ordinance shall be first paid with the paycheck of July 8, 1998. 5OO 13. 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1998. No. 33828-051198. 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, 1997, shall effective July 1, 1998, be increased by two and one tenths percent (2.1%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, calculated as of July 1, 1998. 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: as 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 501 amended (hereinafter "City Code"), provided such member shall have at least one hundred and twenty (120) months of creditable service; 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, provided such member shall have at least one hundred twenty (120) months of creditable service; or Any member of ESRS or ERS retired under §22.1-48, Occu_oational Disability Retirement Allowance, or under §22.1-66, Occu_oational Disability_ Retirement Allowance, respectively, of the City Code, regardless of amount of creditable service; or Any member of the ESRS retired under §22.1-45, Early Service Retirement Allowance, or §22.1-46, Vested Allowance, or any member of ERS retired under §22.1-63, Early Service Retirement Allowance, or §22.1-64, Vested Allowance, of the City Code, provided such member shall have at least one hundred twenty (120) months of creditable service; or Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article III, Em01oyees' Supplemental Retirement System, or under Article IV, Employees' Retirement System, of Chapter 22.1, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.b., 2.c., or 2.d. of this ordinance; or 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. 502 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1998. No. 33829-051198. A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than ten dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified 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. 33401- 051297, adopted May 12, 1997. 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, 1998, the City shall contribute not less than five dollars nor more than ten dollars per biweekly pay period to the Plan on behalf of any nontemporary classified employee of the City who contributes an equal or greater 503 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. 33401-051297, adopted by this Council on May 12, 1997, is hereby REPEALED effective July 1, 1998. 5. This Resolution shall be in full force and effect on and after July 1, 1998. APPROVED '~ ~ ~'ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 1998. No. 33830-051198. A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 1998-99 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 8, March 24, and April 30, 1998, on the Annual Update to the HUD Consolidated Plan ("Plan") for FY 1998-99; and ~.~ WHEREAS, the Plan must be approved by this Council and submitted to HUD by May 15, 1998, to ensure timely receipt of new entitlement funds. 5O4 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. 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 1998-99 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. 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, 1998. No. 33832-051198. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1998; 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, 1998, and ending June 30, 1999, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager $123,548.00 City Attorney $110,118.00 Director of Finance - $ 94,541.00 Director of Real Estate - $ 75,203.00 Valuation Municipal Auditor - $ 74,128.00 City Clerk - $ 67,360.00 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 8, 1998. 5O5 3. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 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, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1998. No. 33798-051898. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Commonwealth of Virginia, Department of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, 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, the appropriate lease agreement with the Commonwealth of Virginia, Department of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, for a one (1) 5O6 year period, with the option to renew for four (4) additional one (1) year periods, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated May 4, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1998. No. 33805-051898. AN ORDINANCE authorizing the lease of certain City-owned property to the State Department of Health, 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, an appropriate lease agreement with the State Department of Health for the Health Center located on the southwest corner of Campbell Avenue, S.W., and Eighth Street, S.W., commonly known as 530 Eighth Street, S.W., for a three-year term beginning July 1, 1998 and ending June 30, 2001, at a total lease fee of $28,800.00, upon such terms and conditions as more particularly described in the report to this Council from the Water Resources Committee dated May 4, 1998. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 507 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33811-051898. AN ORDINANCE declaring a certain structure located at Mill Mountain Park surplus and authorizing its sale, removal or demolition. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The former "Caretaker's House" owned by the City and located at 1902 Prospect Road, SE, Roanoke, Virginia in Mill Mountain Park is hereby declared to be surplus to the City's needs. 2. The City Manager or his designee is authorized to provide for the sale of the house structure only (not the real property) to House Movers of Roanoke Valley, Inc., or if such sale is not concluded, to sell, remove or demolish the above described structure, as more particularly set forth in the report to this Council dated May 4, 1998. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1998. No. 33831-051898. AN ORDINANCE establishing a rate schedule for certain water and sewage rates and related charges for services provided by the City effective August 1, 1998, and July 1, 1999; and directing amendment of the Fee Compendium. BE IT ORDAINED by the Council of the City of Roanoke as follows: 508 1. The water and sewage rates and other related rates and charges for services provided by the City of Roanoke shall be as set forth in Exhibit A, attached hereto, and which Exhibit is also a part of the report of the City Manager and Director of Finance, dated May 6, 1998, which report is incorporated by reference herein, such rates and charges to be effective for all water, sewage, fire service and related services and statements rendered on or after August 1, 1998, and July 1, 1999, as set forth in Exhibit A. 2. The Fee Com_~endium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended rates and charges established by this Ordinance. 3. Rates and charges established by this Ordinance shall remain in effect until amended by this Council. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor Meter Size 5/8" Meter 3~" Meter 1" Meter 11/2"Meter 2" Meter EXHIBIT "A" WATER RATES Rate Schedule to be Effective with all Service Billings On and After Date Shown Minimum Charges Based on Allowance of 200 Cu. Ft. Per Month Effective Au~_ust 1. 1998 Effective July 1, 1999 $ 2.16 $ 6.35 8.47 21.18 33.86 2.27 6.67 8.89 22.24 35.55 509 3" Metsr 4" Metsr 6" Metsr 8" Metsr 10" Metsr 12" Metsr 84.65 135.42 338.58 541.71 866.73 1,354.33 88.88 142.19 355.51 568.80 910.07 1,422.05 Next2,800 cu. fl. All over3,000 cu. fl. .89/100 .751100 .93/100 .79/100 Notes: For retail water service sold outside the City limits, the minimun charge is 100% greater than City rates. Minimum charges and quantity allowances are three times greater for consumers billed quarterly. Cost for water rates and service outside the City limits in excess of the minimum quantity will be: $1.78/100 cu. ft. beginning August 1, 1998 $1.86/100 cu. ft. beginning July 1, 1999 Fire Services - Minimum Monthly Charges Aucjust 1, 1998 July 1,1999 6" 8" 10" 12" 82.19 185.65 292.91 519.26 739.21 86.30 194.93 307.56 545.22 776.17 SEWAGE RATES August1,1998 July 1,1999 Cost per 100 cu. ft. of water used $ 1.54 $ 1.62 NEW SERVICE AND SPECIAL CHARGES Water Service Connection and Meter Fees 510 Service Connection Charqe Meter Charge Size Aug. 1. 1998 July 1. 1999 314" $ 935.00 $ 981.00 5/8" 314" 945.00 992.00 314" 1" 979.00 1,028.00 1" 1 112" 4,685.00 4,919.00 1 1/2" 2" 4,774.00 5,013.00 2" 3" 6,951.00 7,299.00 3" 4" 7,308.00 7,673.00 4" 6" 7,371.00 7,740.00 6" 8" 8,416.00 8,837.00 8" 10" 8,610.00 9,041.00 10" Special Charges Meter Charcje Aug. 1, 1998 July 1, 1999 $ 79.00 $ 83.O0 121.00 127.00 150.00 158.00 250.00 263.00 318.00 334.00 1,024.00 1,075.00 1,596.00 1,676.00 3,129.00 3,285.00 5,119.00 5,375.00 6,300.00 6,615.00 August 1. 1998 Request for new water service, new contract, or name change Each request for service beyond initial contract Recheck reading (no charge if misread) Investigation of exterior leak (no interior leak investigation will be performed) Meter test - removable meter (no charge if found defective) Meter test - stationary meter (no charge if found defective) Each service trip for non-payment Bad check charge Overtime charge - additional charge for work other than 8:00 a.m. to 5:00 p.m., Mon.- Fri. July 1, 1999 0.0o $ o.00 20.00 25.00 15.00 20.00 30.00 35.00 30.00 35.00 75.00 100.00 30.00 35.00 20.00 20.00 25.00 30.00 Septic tank truck discharge up to 1,500 gallons 31.75 over 1,500 gallons 47.50 Special Industrial Sewage Treatment Charges Over 900,000 gallons per month Over 1,875 lbs. BOD per month Over 135 lbs. TKN per month Over 112.5 lbs. Phosphorus per month Over 1,875 lbs. Suspended Solids per month Au~just 1, 1998 .17/1000 gals. 72.24/1000 lbs. 614.75/1000 lbs. 522.34/1000 lbs. 57.35/1000 lbs. 511 33.50 50.00 July 1, 1999 .18/1000 gals. 75.85/1000 lbs. 645.49/1000 lbs. 548.46/1000 lbs. 60.22/1000 lbs. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33833-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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 1997-98 School and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund. Appropriations Education $113,469,269.00 Facilities (1-3) .......................................................................... 2,766,680.00 Revenue Education Non-Operating (4) ................................................................... $110,648,655.00 41,742,930.00 General Fund A_o_oro_Driations Nondepartmental Transfer to Other Funds (5) ................................................... $ 60,633,186.00 59,982,583.00 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (6) ................................................... $ -0- 1) Site - Based Technology 2) Roof Design - Westside 3) Facility Maintenance 4) Transfer from General Fund $) Transfer to School Fund 6) CMERP - School (030-060-6006-6000-0826) (030-060-6006-6896-0809) (030-060-6006-6896-0809) (003-060-6000-1037) (001-004-9310-9530) (001-3324) $132,500.00 22,500.00 44,901.00 199,901.00 199,901.00 (199,901.00) 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 513 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33834-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure $15,294,590.00 Roanoke River Flood Reduction (1) .................... 3,851,139.00 1) Appropriated from General Revenue (008-052-9620-9003) $ 808,000.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33835-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. 514 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_oriations Sanitation Murdock Creek Drainage Project (1) .............. $1,398,427.00 65,000.00 Capital Improvement Reserve $14,110,776.00 Public Improvement Bonds - Series 1997 (2) ........ 4,509,350.00 1) Appropriated from Bond Funds 2) Storm Drains (008-025-9691-9001) (008-028-9706-9176) $ 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 City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33836-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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. 515 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Traffic Engineering Traffic Signals (1) .............................. $ 2,383,764.00 328,502.00 Capital Improvement Reserve $ Capital Improvement Reserve (2) ................. 14,675,776.00 550,498.00 1) Appropriated from General Revenue 2) Streets and Bridges (008-052-9561-9003) (008-052-9575-9181) $ 60,000.00 250,000.00 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 18th day of May, 1998. No. 33837-051898. A RESOLUTION indicating the City of Roanoke's intention to participate with the City of Salem, and the Counties of Franklin, Roanoke, and Botetourt, should Botetourt County choose to participate, in the Roanoke Valley Detention Commission (the "Commission"), requesting the Commonwealth of Virginia to reimburse the Commission for eligible construction costs of the Juvenile Detention Center, and requesting the Board of Juvenile Justice to approve the revised Program Design and Planning Study. 516 WHEREAS, four jurisdictions in the Twenty-Third and TwentySecond Judicial Districts, specifically the City of Roanoke, the City of Salem, and the Counties of Franklin and Roanoke (the "Participating Jurisdictions"), have determined that the need for an expanded and renovated secure juvenile detention facility exists in those jurisdictions; and WHEREAS, the need for the expansion of the Roanoke Juvenile Detention Center was further identified in the Roanoke City Needs Assessment, approved by the Board of Juvenile Justice in April of 1996, and the Needs Assessment of the Counties of Roanoke and Franklin and the City of Salem, approved by the Board in November of 1997; and WHEREAS, the Participating Jurisdictions, and the County of Botetourt, should it choose to participate, (the "Member Jurisdictions"), are in the process of forming the Commission, and are planning to renovate and expand the present Roanoke Juvenile Detention Center to a capacity of 81 beds; and WHEREAS, the Member Jurisdictions are anticipating that the Juvenile Detention Center will be fully operational on or before June 30, 2000; and WHEREAS, the Member Jurisdictions are requesting reimbursement for one half of the eligible construction costs of the Juvenile Detention Center from the Commonwealth of Virginia and will submit to the Board of Juvenile Justice for approval the revised Program Design and Planning Study required by the Board for such purpose. NOW, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City intends to become a member of the Commission as provided by the Code of Virginia and subject to specific language, intends to enter into an agreement to renovate, expand and use the Juvenile Detention Center for its secure juvenile detention needs. 2. The City, along with the remaining Member Jurisdictions, requests the Commonwealth of Virginia, subject to applicable regulations and other laws, to reimburse the Commission for one half of the eligible project and construction costs of the Juvenile Detention Center. 517 3. The City requests the Board of Juvenile Justice to approve the revised Program Design and Planning Study which will be submitted to the Board as a prerequisite to receiving approval for such reimbursement. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33840-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety Outreach Detention (1) ................................ Youth Haven I (2-6) ................................... Crisis Intervention Center (7-17) ........................ $39,203,492.00 190,672.00 486,143.00 540,853.00 Nondepartmental $60,352,581.00 Transfers to Other Funds (18) .......................... 59,701,978.00 518 Grants-in-Aid Commonwealth $38,178,926.00 Virginia Juvenile Community Crime Control Act (19) ........ 1,120,584.00 Fund Balance Reserved for CMERP - City (20) ......................... $ 1,181,359.00 Grant Fund AD_~ro_~riations Health and Welfare Youth Haven I - FY97 (21) ............................... Outreach Detention - FY97 (22) ........................... Juvenile Court Services - Enhanced Community Service FY97 (23) ...................... Juvenile Court Services - Street Law FY97 (24) .............. Juvenile Court Services - Intensive Supervision FY97 (25) .... Juvenile Court Services - Substance Abuse Counseling FY97 (26) ....................... Crisis Intervention - Assaultive Youth Program FY97 (27) .... Crisis Intervention - FOGH FY97 (28) ...................... Probation Officer - FY97 (29) ............................. Restitution Program - FY97 (30) ........................... Emergency Diagnostic Services - Court Services Unit (31) .... Program Evaluation - Court Services Unit (32) ............... Its Your Choice - Office on Youth (33) ..................... Youth Haven I - FY98 (34-35) .............................. Outreach Detention - Electronic Monitoring FY98 (36) ........ Juvenile Court Services - Enhanced Community Services (37-46) ....................... Juvenile Court Services - Intensive Supervision FY98 (47) ..... Juvenile Court Services - Substance Abuse Counseling FY98 (48-54) ..................... Restitution Program - FY98 (55-61) ........................ Crisis Intervention - Assaultive Youth FY98 (62-66) ........... Probation Officer - FY98 (67-73) .......................... $ 3,382,119.00 48,726.00 28,339.00 32,242.00 1,767.00 90,160.00 39,860.00 62,597.00 104.00 8,916.00 3,784.O0 17,974.00 11,244.00 30,692.00 71,072.00 48,462.00 64,220.O0 117,233.00 64,464.00 20,722.00 94,794.00 39,626.00 Revenue Virginia Juvenile Community Crime Control Act - FY98 (74)... $ 477,683.00 1) Temporary Wages 2) Temporary Wages (001-054-3330-1004) (001-054-3350-1004) $ (1,224.00) 7,401.00 519 3) Administrative Supplies 4) Food 5) Purchased Services 6) Program Activities 7) Temporary Wages 8) Maintenance Contract 9) Gas 10) Water/Sewer 11) Subscriptions 12) Dues/Memberships 13) Training 14) Mileage 15) Equipment Maintenance 16) Food 17) Program Activities 18) Transfer to Grant Fund 19) Virginia Juvenile Community Crime Control Act 20) Reserved for CMERP - City 21) Regular Employee Salaries 22) Equipment Rental 23) Motor Fuels 24) Temporary Wages 25) Regular Employee Salaries 26) Regular Employee Salaries 27) Regular Employee Salaries 28) Purchased Services 29) Regular Employee Salaries 30) Regular Employee Salaries 31) Residential Detention (001-054-3350-2030) (001-054-3350-2060) (001-054-3350-3160) (001-054-3350-2066) (001-054-3360-1004) (001-054-3360-2005) (001-054-3360-2024) (001-054-3360-2026) (001-054-3360-2040) (001-054-3360-2042) (001-054-3360-2044) (001-054-3360-2046) (001-054-3360-2048) (001-054-3360-2060) (001-054-3360-2066) (001-004-9310-9535) (001-020-1234-0723) (001-3323) (035-054-5060-1002) (035-054-5061-3070) (035-054-5062-2038) (035-054-5063-1004) (035-054-5064-1002) (035-054-5065-1002) (035-054-5067-1002) (035-054-5068-3160) (035-054-5069-1002) (035-054-5070-1002) (035-054-5090-2008) 1,570.00 14,080.00 12,370.00 5,000.00 40,925.00 315.00 1,400.00 1,600.00 300.00 303.00 4,500.00 1 ;000.00 800.00 16,000.00 250.00 (80,704.00) 2,330.00 (23,556.00) (13,408.00) (18,049.00) (3,544.00) (1,783.00) (26,676.00) (6,193.00) (23,420.00) (31,855.00) (9,207.00) (4,254.00) 17,974.00 520 32) Fees for Professional Services 33) Purchased Services 34) Temporary Wages 35) Purchased Services 36) Regular Employee Salaries 37) Regular Employee Salaries 38) Temporary Wages 39) ICMA Retirement 40) FICA 41) Life Insurance (035-054-5091-2010) (035-054-5092-3160) (035-054-5080-1004) (035-054-5080-3160) (035-054-5081-1002) (035-054-5082-1002) (035-054-5082-1004) (035-054-5082-1115) (035-054-5082-1120) (035-054-5082-1130) 42) Disability Insurance (035-054-5082-1131) 43) Telephone - Cellular 44) Administrative Supplies 45) Training and Development 46) Local Mileage 47) Regular Employee Salaries 48) Temporary Wages 49) FICA (035-054-5082-2021) (035-054-$082-2030) (035-054-5082-2044) (035-054-5082-2046) (035-054-5084-1002) (035-054-5085-1004) (035-054-5085-1120) 50) Fees for Professional Services 51) Administrative Supplies 52) Expendable Equipment 53) Training and Development 54) Local Mileage 55) Regular Employee Salaries 56) ICMA Retirement 57) FICA 58) Life Insurance 59) Disability Insurance 60) Training and Development 61) Local Mileage (035-054-5085-2010) (035-054-5085-2030) (035-054-5085-2035) (035-054-5085-2044) (035-054-5085-2046) (035-054-5086-1002) (035-054-5086-1115) (035-054-5086-1120) (035-054-5086-1130) (035-054-5086-1131) (035-054-5086-2044) (035-054-5086-2046) 11,244.00 30,692.00 (7,337.00) (1,603.00) 918.00 2,247.00 3,366.00 203.00 430.00 8.00 6.00 240.00 47.00 1,500.00 972.00 (16,457.00) 9,464.00 724.00 1,000.00 500.00 2,794.00 1,275.00 309.00 2,247.00 203.00 172.00 8.00 6.00 1,434.00 12.00 521 62) Regular Employee Salaries 63) Retirement 64) FICA 65) Life Insurance 66) Disability Insurance 67) Regular Employee Salaries 68) ICMA Retirement 69) FICA 70) Life Insurance 71) Disability Insurance 72) Administrative Supplies 73) Local Mileage 74) Virginia Juvenile Community Crime Control Act - FY98 (035-064-5087-1002) (035-054-5087-1105) (036-054-6087-1120) (035-054-5087-1130) (035-054-5087-1131) (035-054-5089-1002) (035-054-5089-1115) (035-064-6089-1120) (035-054-5089-1130) (035-054-5089-1131) (035-054-5089-2030) (035-054-5089-2046) (035-035-1234-7255) (7,726.00) ( 747.00) ( 252.00) ( 30.00) ( 21.00) 1,344.00 122.00 103.00 5.00 3.00 262.00 24.00 (80,7O4.00) 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 18th day of May, 1998. No. 33841-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund 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. 522 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General Fund and Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_~_~ro_~riations General Fund (1-60) ................................. $ 170,662,663.00 Revenue General Fund (61-69) ................................ $ 162,080,713.00 Civic Center Fund A_~_oropriations Virginia Municipal League Conference (70) ............. $ $0,000.00 Revenue Nonoperating (71) .................................. $ 1,127,162.00 1) Regular Employee Salaries (001-001-1110-1002) $ (17,002.00) 2) Regular Employee Salaries (001-001-1120-1002) (13,356.00) 3) Regular Employee Salaries (001-002-1211-1002) (11,770.00) 4) Regular Employee Salaries (001-002-1212-1002) (3,298.00) 5) Regular Employee Salaries (001-002-1261-1002) 2,990.00 6) Regular Employee Salaries (001-002-1263-1002) 5,287.00 7) Regular Employee Salaries (001-002-8120-1002) 5.00 8) Regular Employee Salaries (001-003-1220-1002) 25,155.00 9) Regular Employee Salaries (001-004-1231-1002) (68,468.00) 10) Regular Employee Salaries (001-004-1232-1002) ( 31,049.00) 523 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) 27) 28) 29) 3O) 31) 32) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-005-1240-1002) (001-010-1310-1002) (001-020-1234-1002) (001-022-1233-1002) (001-023-1235-1002) (001-024-2140-1002) (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) (001-050-3114-1002) (001-050-3115-1002) (001-050-3211-1002) (001-050-3212-1002) (001-050-3213-1002) (001-050-3520-1002) (001-050-3521-1002) (001-050-3530-1002) S(6,004.00) (6,626.00) 686.00 (53,200.00) (93,241.00) 16,057.00 (197,185.00) (16,572.00) 4.00 1,836.00 8.00 (43,196.00) 10,596.00 (259,169.00) (36,586.00) 5,520.00 887.00 23,614.00 (97,642.00) ( 5.oo) (13,394.00) (3,033.00) 33) Regular Employee Salaries 34) Regular Employee Salaries 35) Regular Employee Salaries 36) Regular Employee Salaries 37) Regular Employee Salaries 38) Regular Employee Salaries 39) Regular Employee Salaries 40) Regular Employee Salaries 41) Regular Employee Salaries 42) Regular Employee Salaries 43) Regular Employee Salaries 44) Regular Employee Salaries 45) Regular Employee Salaries 46) Regular Employee Salaries 47) Regular Employee Salaries 48) Regular Employee Salaries 49) Regular Employee Salaries $0) Regular Employee Salaries 51) Regular Employee Salaries 52) Regular Employee Salaries 63) Regular Employee Salaries 64) Regular Employee Salaries (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-t 002) (001-052-8110-1002) (001-054-1270-1002) (001-054-2150-1002) (001-054-5311-1002) (001-054-5312-1002) (001-054-5313-1002) (001-054-6314-1002) (001-054-5316-1002) (001-054-5317-1002) (001-054-7310-1002) (41,694.00) 1.00 6,671.00 (67,866.00) (26,718.00) (94,301.00) (41,328.00) (48,016.00) (16,267.00) (52,474.00) (115,492.00) 42,510.00 ( 864.00) (2,423.00) ( 11.00) (11,182.00) 8.00 (45,686.00) (71,230.00) 77,517.00 ( 9.00) (79,897.00) 525 55) Regular Employee Salaries (001-054-8170-1002) $ 633.00 56) Regular Employee Salaries (001-056-1237-1002) (5,662.00) 57) Regular Employee Salaries (001-056-1250-1002) (29.00) 58) Regular Employee Salaries (001-072-2110-1002) 12,712.00 59) Salary Lapse (001-002-9410-1090) 825,000.00 60) Fees for Professional Services (001-052-4210-2010) 335,000.00 61) Transfer to Civic Center Fund (001-004-9310-9505) 50,000.00 62) Treasurer (001-020-1234-0613) 343.00 63) Commissioner of the Revenue (001-020-1234-0612) (26,600.00) 64) Sheriff (001-020-1234-0611) (181,128.00) 65) Commonwealth's Attorney (001-020-1234-0610) (16,572.00) 66) General Administration (001-020-1234-0676) (28,430.00) 67) Direct Social Services - Administration (001-020-1234-0685) (35,615.00) 68) Employment Services (001-020-1234-0681 ) 38,759.00 69) Foster Care (001-020-1234-0675) ( 5.00) 70) Fees for Professional Services Transfer from General Fund 71) (005-056-8600-2010) (005-020-1234-0951) 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 18th day of May, 1998. No. 33842-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_oro_~riation$ Community Development $ 2,861,908.00 Memberships and Affiliations (1) ...................... 1,414,384.00 Nondepartmental $ 60,444,803.00 Contingency - General Fund (2) ....................... ( 597,950.00) Fund Balance Residual Equity from Nursing Home (3) ................... $ 321,518.00 1) D-Day Memorial (001-002-7220-3704) $ 50,000.00 2) Contingency (001-002-9410-2199) 11,518.00 3) Residual Equity from Nursing Home (001-3339) (61,518.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker David A. Bowers City Clerk Mayor 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1998. No. 33845-051898. A RESOLUTION providing for payment of a monetary supplement to certain members of the City of Roanoke Pension Plan 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; and WHEREAS, City Council desires to provide a monetary supplement to such employees of the City, 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 member of the City of Roanoke Pension Plan who is an employee of the City of Roanoke (not including employees of the City of Roanoke School Board) and who, on or after July 1, 1998, retires after earning twenty or more years of creditable service, 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 member 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. 3. The supplemental benefit provided for by this resolution shall be a personal benefit applicable to an eligible member only without any right of survivorship. Upon the death of a member who is receiving such benefit, the monthly payment shall be made for the month of such member's death and shall terminate with the next succeeding month. 4. The terms "beneficiary", "City of Roanoke Pension Plan", "creditable service", "member", and "pension" shall have the meanings ascribed to them by §22.1-2, Code of the City of Roanoke (1979), as amended. The word "employee" shall have the meaning ascribed to it by §22.1-2 except as to persons employed by the City of Roanoke School Board who are not eligible for the monthly supplement provided for by this Resolution. 528 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. 6. This Resolution shall be in full force and effect on and after July 1, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1998. No. 33846-051898. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A.opro_~riations Capital Outlay $ 3,765,780.00 Franklin Road Water Main Replacement (1) .......... 572,640.00 Retained Earnin~ls Retained Earnings (2) ............................. $29,306,113.00 1) Appropriated from General Revenue (002-056-8387-9003) $ 572,640.00 2) Retained Earnings (002-3336) (572,640.00) 529 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 18th day of May, 1998. No. 33847-051898. AN ORDINANCE accepting the bid of J. P. Turner and Brothers Incorporated for the Franklin Road Water Main 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 J. P. Turner and Brothers Incorporated in the total amount of $595,140 for the Franklin Road Water Main Replacement Project, as is more particularly set forth in the City Manager's report dated May 18, 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. 53O 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 18th day of May, 1998. No. 33848-051898. A RESOLUTION authorizing the City to make a voluntary contribution in lieu of taxes to Botetourt County, subject to certain terms and conditions. WHEREAS, the City of Roanoke has three facilities located in Botetourt County, specifically the Coyner Springs Juvenile Detention Home, Sanctuary and Carvins Cove; and WHEREAS, the City of Roanoke desires to make a fair contribution toward the expenses of Botetourt County which results from these facilities being located in Botetourt County; and WHEREAS, Roanoke City Council desires to resolve all issues between the jurisdictions, including the case of The County_ of Botetourt v. The City of Roanoke, CH 97000225, pending in the Circuit Court for the County of Botetourt. NOW, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Beginning January 1999, the City agrees to make a voluntary contribution in lieu of taxes to Botetourt County in the amount of $33,000 per year for fifteen (15) years in exchange for Botetourt County agreeing to forego taxation of City-owned property in Botetourt County for fifteen (15) years. Said voluntary contribution will be made in the month of January each year. On and after January 1, 2000, the City's voluntary contribution will be adjusted up or down by the most recently published Consumer Price Index. No such adjustment either up or down will exceed five percent (5%). 531 2. The City agrees that it shall transport or cause~to be transported all juveniles between the Juvenile Detention Home at Coyner Springs and the courts in Fincastle, except for those juveniles who were initially placed in the Juvenile Detention Home at Coyner Springs as a result of an offense committed in Botetourt County. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33838-060198. AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Detention Commission Service Agreement by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt choose to participate, and to execute the necessary documents providing for the sale and conveyance of property owned by the City and commonly known as the Roanoke City Juvenile Detention Center in Botetourt County, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, and the City Clerk, are authorized, for an on behalf of the City, to execute the Roanoke Valley Detention Commission Service Agreement and other necessary documents by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt choose to participate, to govern the parties' respective obligations before, during and after renovation and expansion of the Juvenile Detention Center, upon the terms and conditions more particularly set forth in the City Manager's report dated May 18, 1998, and upon any other terms and conditions deemed necessary and appropriate by the City Manager. 532 2. The City Manager, or his designee, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the sale of City-owned property located in Botetourt County, including the building known as the Roanoke City Juvenile Detention Center, approximately 8.5 acres of land surrounding the Center and the personal property used at the Center, to the Roanoke Valley Detention Commission, for the sum of $700,000, upon the terms and conditions more particularly set forth in the City Manager's report and attachments dated May 18, 1998. 3. All documents shall be in form approved by the City Attorney. APPROVED ~~4~ ~,ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33839-060198. AN ORDINANCE amending Article I1. Swimminq pools, of Chapter 15, Health and Sanitation Generally, of the Code of the City of Roanoke (1979), as amended, by amending §15-22 - Definition, §15-23, Violations of article, §15-24, Inspection to enforce article: submission of records to health department~ §15-25, Certain pools declared public nuisance, §15-26, Rules and regulations for design, construction, etc.., §15-27, Permit to construct, alter or operate, §16-28, Supervisory personnel, and by adding new §15-29, Safety_ and rescue equiDment and code standards; other safety_ features, and §15-30, General safety_ _orovisions and security, to provide for consistent regulations among the localities; amending the City's Fee Compendium to provide for an application fee for a swimming pool permit; and providing for an effective date. WHEREAS, this Council desires to ensure that all swimming pools are constructed, operated, and maintained in a manner which does not adversely affect the public welfare, health, and safety; 533 WHEREAS, this Council deems it necessary for an owner or his agent to secure a permit for construction or extensive remodeling of a swimming pool; WHEREAS, this Council desires to guide the owner or his agent in the day-to-day operation of the swimming pool; and WHEREAS, this Council deems it necessary to enact swimming pool regulations to coincide more closely with such regulations adopted by surrounding localities. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 15-22, Definitions, §15-23, Violations of article, 15-24, Ins_oection to enforce article: submission of records to health department, §15-25, Certain pools declared _oublic nuisan~:e, §15-26, Rules and re_=ulations for design, construction, etc.., §15-27, Permit to construct, alter or o_oerate, §15-28, SuDervisory personnel, of Article II. Swimming pools, of Chapter 15, Health and Sanitation Generally, of the Code of the City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read and provide as follows: Article II. Swimming Pools. Sec. 15-22. Definitions. Agent - shall mean a legally authorized representative of the owner. Disinfectant - shall mean a chemical which disinfects by inhibiting, neutralizing, or destroying the growth of harmful microorganisms. Health Director - shall mean the Health Director of the City of Roanoke or his authorized representative. Lifeguard - shall mean any individual who is currently certified as a lifeguard in accordance with standards promulgated by the American Red Cross or The National Recreation and Park Association. Operator - shall mean any individual who is currently a certified pool operator in accordance with standards promulgated by the National Swimming Pool & Spa Institute Foundation, or the National Recreation and Park Association. Owner - shall mean any person who owns, leases, or proposes to own or lease a swimming pool, or his legally authorized representative, intended only for the use of the owner and their guests. 534 Public Swimming Pool - shall mean any swimming pool intended to be used by more than one (1) person for swimming, diving or recreational bathing, and operated by any person, whether as owner, lessee, operator or concessionaire, for which any fee or consideration is charged directly or indirectly for such use. The term Public Swimming Pool includes, but is not limited to, swimming pools maintained and operated for persons at permanent residence facilities such as apartment houses or condominiums, private clubs, or temporary residence facilities such as hotels, motels, schools, or universities, but shall not include pools at private residences which are intended only for the use of the owner and his guests. Swimming Pool - shall mean any man-made structure, basin, chamber, or tank located either indoors or outdoors, containing a body of water which is intended to be used for swimming, diving, or recreational bathing, and which has a depth of two feet or more at any point. Wading Pool - shall mean any structure, basin, chamber, or tank, located either indoors or outdoors, containing an artificial body of water intended to be used by children for recreational bathing and having a water depth not greater than two feet at the deepest point. Sec. 15-23. Violations ofarticle. Any owner, agent, or operator violating any of the provisions of this article shall be deemed guilty of a Class 4 Misdemeanor. Sec. 15-24. Entry_. ins_~ections, and records. (a) The Health Director, or his designee, shall have the right to enter any property to conduct inspections and to ensure compliance with this article. (b) Records and forms shall be maintained up-to-date and shall be available for inspection at all times while the public swimming pool is in use. Sec. 15-25. Enforcement. public nuisance. When the Health Director finds the provisions of this article are not met or that any condition exists that endangers the life or safety of the users of any public swimming pool, he may order the facility closed until said conditions are corrected. When the Health Director finds that any provision of this article is not met, he shall give written notice to 535 the owner of the specific section(s) of this article which is being violated and afford the owner an opportunity to respond to such notice. Any swimming pool constructed, operated or maintained contrary to the provisions of this article is hereby declared to be a nuisance dangerous to public health. Sec. 15-26. Rules and regulations for design, construc- tion. and eaui_r)ment of _r)ublic swimmin~l pools (a) The Department of Health shall have the power to promulgate, adopt and enforce, rules and regulations, not inconsistent with this article and other ordinances, governing the design, construction, equipment, and operation of all swimming pools. (b) Any public swimming pool constructed, reconstructed, or extensively altered after the effective date of this article shall meet the following requirements: All equipment shall be maintained in. a satisfactory operating condition during the operation of the public swimming pool. The recirculation system shall be equipped with a filtration system that consists of a pump or pumps, piping, a filter or filters, chemical feeding equipment, rate of flow meter, or other accessory equipment that will filter the entire contents of the pool at a rate of at least every six to eight hours. The filtration system shall have sufficient clarifying capacity so as to permit the main drain to be clearly visible from the pool deck. All filters shall be designed and installed so as to provide easy accessibility for back washing, operation, maintenance, and servicing. A permanent placard shall be conspicuously displayed on or adjacent to the filter and shall be adequately lighted and readily legible. The following information shall be included on the placard: name of facility; owner's name and street address; date of construction; capacity in gallons; water surface area in square feet or meters; turnover rate in hours; rate of flow in gallons per minute; 536 Sec. 15-27. and maximum swimming pool capacity. Said placard should also set forth pool operating procedures, which shall include instructions on proper operation of pumps and filters; instructions on proper back washing procedures; and instructions for emergency procedures to be followed in case of contact with hazardous chemicals. An anti-vortex drain cover must be provided for all public swimming pool and wading pool drains. Rules and regulations for operation of public swimming _r)ools. (a) When in operation, a public swimming pool shall be disinfected continuously by a chemical disinfectant which imparts a residual effect and shall be maintained in a non-acidic condition. (b) When in operation, a public swimming pool shall be disinfected using a chemical feeding device capable of maintaining a disinfectant residual that is easily measured. No harsh or irritating chemical in concentrated form shall be added manually and directly to any pool water during hours of operation, except under emergency conditions. Whenever it is necessary to add any harsh or irritating chemical in concentrated form directly into the water of any pool, use'of the pool shall be precluded or stopped until such time as the chemical is dissolved completely in, and is diffused thoroughly throughout, the pool water. (c) No chemical other than chlorine, bromine, sodium hypochloride, calcium hypochloride, muriatic acid, lime, soda ash, sodium, bicarbonate, aluminum sulfate, calcium chloride, sodium bisulfate, and cyanuric acid shall be used to treat public swimming pool water without express, written permission from the Health Director. (d) Free chlorine, combine chlorine, bromine, and pH values shall be continuously maintained within the following ranges: Minimum Ideal Maximum Free chlorine residual 2.0 2.0-3.0 5.0 (PPM) Bromine (PPM) 2.0 2.0-4.0 4.0 pH 7.2 7.4-7.6 8.0 Cyanuric Acid (PPM) 20PPM 20-40PPM 60PPM 537 (e) Free chlorine or bromine residual or other approved disinfectant chemical residual and pH test results shall be recorded at least twice daily while the pool is in operation. (f) Other disinfectant agents or methods may be used after they have been demonstrated to provide the equivalent disinfection of chlorine, are readily measurable, and are expressly approved, in writing, by the Health Director. (g) Test kits for the easy measurement of all required water chemistry levels in this article shall be provided and maintained at each pool. The test kits shall be capable of measuring the disinfectant residuals accurately to within five-tenths (0.5) parts per million. (h) Any public swimming pool may commence operation each year only after being inspected by the Health Director, or his designee, receiving a permit from the Health Director for the operation of the same, and after complying with all other licensing requirements of the city. The Health Director is authorized to require each owner to complete and submit an application on an annual basis which is on such form approved by the Health Director. Each application shall be accompanied by a fee as set forth in the Fee Compendium. A permit issued pursuant to this article may be suspended or revoked by the Health Director for a violation of the provisions of this article. Any public swimming pool which operates continuously for twelve (12) months shall receive a new annual permit before May 1 of each calendar year. Sec. 15-28. Personnel. (a) Each owner or operator of a public swimming pool shall cause such pool to be operated under the supervision of a person certified by the Health Director as being qualified in the fields of filter operation and pool sanitation as defined in Section 15-22 of this ordinance. The Health Director shall establish reasonable standards for determining whenever a person is qualified in filter operation and pool sanitation. (b) All public swimming pools must conspicuously post a legible sign which contains the following language: 538 1. Warning: No Lifeguard on Duty. Children under 14 years of age are not allowed to use the pool, unless accompanied by an adult. B No one under the age of eighteen (18) years shall be allowed to be in the pool alone. Swimming is not permitted when thunder is heard, or lighting is observed, or within 15 minutes afterwards. (c) The provisions of section 15-28(b) notwithstanding, any public swimming pool which provides a lifeguard or lifeguards in accordance with the following provisions, need not comply with the provisions of section 15-28(b) of this article: (1) A minimum of one lifeguard shall be present and observing swimmers at all times during operation of the pool; (2) Lifeguards must be of sufficient number and placement, including through the use of elevated chairs, to maintain an unobstructed view of all areas of the pool; and (3) Lifeguards shall be required to possess a current certification meeting the current standards for a lifeguard as recommended by the American Red Cross, or The National Recreation and Park Association. (d) All public swimming pools shall be operated in accordance with the following requirements: (1) While on the premises of the public swimming pool, children under eight years of age must be accompanied by an adult; (2) When no lifeguard is present, children under 14 years of age must be accompanied by an adult; (3) A bound log shall be maintained by the swimming pool operator on the premises, and shall be retained for a period of twelve (12) months, which shall contain the times and dates of the chemical tests performed, the 539 results of those tests, the quantity of all chemicals added to the public swimming pool, the performance of all significant maintenance operations, including backwashing and vacuuming, the disinfectant levels, pH level, the addition of stabilizer, the total alkalinity and calcium hardness, the identity of all lifeguards on duty for each shift, and the initials of the persons who performed the necessary testing; (4) Disinfectant levels shall be recorded at least twice daily, the pH balance of the pool shall be recorded a minimum of twice daily, and the level of the stabilizer and the total alkalinity and calcium harness shall be recorded at least weekly; (5) Swimmer load shall not exceed a density of one (1) person per twenty-seven (27) square feet of pool surface area; and (6) Animals, fowl or pets, except working dogs, such as seeing eye dogs, shall not be permitted within the pool area. 2. Article II. Swimmincj Pools, of Chapter 15, Health and Sanitation General, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by the addition of new §15-29, Safety and rescue equipment and code standards; other safety features, and §15-30, General safety provisions and security, to read and provide as follows: Sec. 15-29. Safety and rescue equipment and code standards; other safety features (a) Every public swimming pool shall be equipped with the following aids to safety and rescue which shall be readily accessible at all times: (1) One (1) or more light but strong pole(s), not less than 12 feet in length, with blunted ends or a shepherds crook; (2) One or more approved throwing buoys with sufficient attached line which shall reach one and one-half times the width of the pool and which shall be of sufficient size and strength to offer an appropriate handhold and to support loads normally imposed by a swimmer; 54O (3) A first aid kit which shall be kept filled; (4) Elevated lifeguard chairs, if the pool size, design and occupancy, require such in order to maintain an unobstructed view of all areas of the pool; (5) A lifeline which shall be provided at the break in grade between the shallow and deep portions of the. pool, with its position marked by visible floats at not greater than seven foot intervals, which shall be securely fastened to wall anchors of corrosion resistant material and of a type which shall be recessed or have no projection which shall constitute a hazard when the line is removed, and which shall be of sufficient size and strength to offer a good handhold and support loads normally imposed by swimmers; (6) Numbers and letters marking the depth of water in a pool at every one (1) foot increment of depth and at least every twenty (20) feet on both the horizontal and vertical surfaces of the pool wall, at least five (5) inches high, and contrasting with the pool walls and deck; (7) A posted, permanent, and easily read set of rules covering such matters as age restrictions, hours of operations, activity restrictions, allowance of glass containers of alcohol or drugs, and such other rules as are appropriate for the safety of all pool users; (8) A telephone, or some other device approved in writing by the Health Director, in the immediate vicinity for summoning aid in emergencies; and (9) Lighting fixtures of such number, design and location as to light all parts of the pool, the water therein, and the entire deck area, for when the pool is used after dark, said fixtures to be maintained so as to create no hazard to the swimmers and so that lifeguards can clearly see every part of the swimming pool including decks, diving boards, and other appurtenances without being blinded by glare. (b) Pumps, filters, and other mechanical and electrical equipment for pools shall be enclosed in such a manner so as to be accessible only to authorized persons. Drainage shall be such as to avoid the entrance and accumulation of water in the vicinity of electrical equipment. 541 (c) The crossing of outdoor swimming facilities by overhead electrical conductors is prohibited, except as permitted by the National Electrical Code, as the same is updated and amended from time to time. (d) All metal fences or railings on which a broken electrical conductor might fall shall be effectively grounded according to the National Electrical Code, as the same is updated and amended from time to time. (e) All lighting fixtures shall be prohibited directly above the water surface area, except as permitted by the National Electrical Code, as the same is updated and amended from time to time, and shall be protected in a manner which will prevent broken glass from falling on any surface within the pool area. All electrical switches and receptacles shall be of weather-proof construction and resistant to corrosion. (f) Lights shall be prohibited directly above or within three (3) feet horizontally of the pool rim in any indoor or covered swimming pool, except as permitted in the National Electrical Code, as the same is updated and amended from time to time. (g) Access to the pool area shall be unobstructed to provide access to the pool area for emergency service vehicles and emergency attendants. Sec. 15-30. General safety provisions and security. (a) All chemicals, cleaning compounds, and similar materials shall be stored in a cool, dry, and well ventilated place, out of reach from children, and in a locked space. All chemicals used in pool water treatment shall be stored in their original containers. (1) There shall be no smoking in any areas where pool chemicals are stored; (2) All persons while handling pool chemicals which may be strongly acidic or basic, or which may be strong oxidizing agents, shall wear protective eyewear and other protective clothing as deemed necessary by the Health Director or as recommended by the chemical manufacturer; (3) All persons before handling pool chemicals shall read thoroughly the manufacturer's recommendations for proper use and adhere to those recommendations; and 542 (4) Disinfectants and oxidizing chemicals shall be stored in a physically separate manner from other chemicals such as acids or base compounds. (b) Swimming facilities shall be maintained in a manner which will not create a nuisance or hazard to the public safety and well-being, and the pool area shall be adequately secured against unauthorized entry by the public in general. The impounded water shall, at all times, be treated in a manner which will prevent the growth of algae and the breeding of mosquitoes or other vermin. (c) All swimming pools which are located outdoors shall be protected by a fence, wall, building, or other enclosure, or any combination thereof, which completely encloses the swimming pool area such that all the following conditions are complied with: (1) Constructed of materials which are impenetrable by children under the age of three years; (2) A four-foot minimum height is provided entirely around the swimming pool; (3) The horizontal space between vertical members of the enclosure shall not exceed two inches; (4) The height of any opening under the bottom of the enclosure shall not exceed two inches; (5) All gates and doors shall be equipped with self-closing and positive self-catching closures and mechanisms which shall be located at a height at least three feet, and shall be equipped with permanent locking devices. (6) Swimming shall not be permitted when lightning is seen, or thunder is heard, or within fifteen (15) minutes after such times. 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect a $50.00 application fee for a swimming pool permit. 543 4. This ordinance shall be in full force and effect upon July 1, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33843-060198. AN ORDINANCE amending and reordaining subsection (a) of §22.1-44, Normal service retirement, Code of the City of Roanoke (1979), as amended, to provide for use of a Rule of 70 for calculation of normal retirement age for firefighters and deputized police officers and a Rule of 80 for calculation of normal retirement age for all other City employees; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §22.1-44, Normal service retirement, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §22.1-44. Normal service retirement. (a) Eligibility. A member who remains an active member until his normal retirement age shall be eligible to receive a normal retirement benefit commencing on the first day next following the date of his termination of employment. Normal retirement ages are: (1) For firefighters and deputized police officers the earlier of (i) attainment of age sixty-five (65) and five (5) years of creditable service, (ii) the attainment of age fifty (50) and twenty-five (25) years of creditable service, or (iii) the attainment of age forty-five (45) and any combination of age and years of creditable service that equals not less than the sum of seventy (70). Only service as a firefighter 544 (2) (3) or deputized police officer shall be credited to determine eligibility; provided, however, should any firefighter or deputized police officer become disabled for hie regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the city service, then such employee shall continue to accrue creditable service as a firefighter or deputized police officer and shall remain subject to the normal retirement age established by this subsection as if he had remained a firefighter or deputized police officer. Any member employed on December 1, 1997, as a firefighter who was employed by the city in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1, 1989, or (ii) the date on which the employee became a member working in an emergency medical services capacity. For all other members not described in (1) above the earlier of (i) the attainment of age sixty-five (65) and five (5) years of creditable service, (ii) the attainment of age fifty-five (55) and thirty (30) years of creditable service, or (iii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of eighty (80). With respect to any person employed after having attained the age of sixty (60) years, normal retirement age shall be such person's age upon employment increased by five (5) years. 2. This ordinance shall be in full force and effect on and after July 1, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 545 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33844-060198. AN ORDINANCE amending and reordaining §22.1-3, Membership generally, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c2) 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, Membership generally, 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 (c2) as follows: §22.1-3. Membership generally. (c2) Members of the ERS who are employees of the City on July 1, 1998, and who wish to transfer to the ESRS and cease participation in the ERS may do so by properly completing and filing a Letter of Intent to Transfer between July 1, 1998, and August 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. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 546 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33849-060198. 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, Michelle Powell 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 May 18, 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 an undeveloped public alley situated between Official Tax Nos. 3341104 and 3341103, between 1911 and 1909 East Gate 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 547 related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 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 548 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33850-060198. 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 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 May 18, 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 undeveloped portion of Pineland Road, S.W., located adjacent to lots bearing Official Tax Nos. 5010507 and 5010317, 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, 549 together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 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 55O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33851-060198. AN ORDINANCE amending §36.t-710, Fees ~_enerally, of Division 6, Fees, of Article VII. Administration, of Chapter 36.1, Zonin~l, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsection (c) to authorize refund of fees or charges under certain justifiable circumstances. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-710, Fees qenerally, of Division 6, Fees, of Article VII. Administration, of Chapter 36.1, Zonincj, 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. 36.1-710. Fees cjenerally. (c) Subsections (a) and (b) notwithstanding, in any transaction involving the imposition of any fee or charge required by this chapter, a refund may be approved by the city manager, when any fee or charge has been erroneously or incorrectly imposed by city personnel, or when an application for a specific service or specific services is withdrawn by an applicant prior to the performance of any substantial services by city personnel in the processing of such application. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 551 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33852-060198. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map, City Of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Mark Firebaugh and Rocky Ridge Properties, LLC, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential 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 May 18, 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. 637 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 552 That certain 2.82-acre tract of land located at 2013 Peters Creek Road, N.W., and bearing Official Tax No. 6370306, subject to the proffers Contained in the Fourth Amended Petition filed in the Office of the City Clerk on May 20, 1998, and that Sheet No. 637 of the Zone Map be changed in this respect. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33853-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_~ropriations Education Special Education Assistive Technology 97-98 (1) ................. Title I School Improvement Grant 97-98 (2) ...................... Carilion Health GED Program 97-98 (3-6) .................. Transportation (7) ..................... $113,336,073.00 1,000.00 20,688.O0 3,014.00 3,011,343.00 553 Revenue Education Special Education Assistive Technology 97-98 (8) .................. Title I School Improvement Grant 97-98 (9) ....................... Carilion Health GED Program 97-98 (10)... Grants-in-Aid Commonwealth (11) ........ $110,688,456.00 1,000.00 20,688.00 3,014.00 40,606,586.00 1) Equipment (030-060-6545-6129-0821) $ 1,000.00 2) Professional Development (030-060-6160-6014-0332) 20,688.00 3) Instruction and Assessment (030-060-6703-6334-0129) 1,796.00 4) Social Security (030-060-6703-6334-0201) 393.00 5) Textbooks (030-060-6703-6334-0613) 300.00 6) Instructional Materials (030-060-6703-6334-0614) 525.00 7) Bus Drivers (030-060-6003-6676-0171) 40,00.00 8) Federal Grant Receipts (030-060-6545-1102) 146,816.00 9) Federal Grant Receipts (030-060-6160-1102) 20,688.00 10) Fees (030-060-6703-1103) 3,014.00 11) Basic State Aid (030-060-6000-0631) 40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: M~a~ F.~arke~~ City Clerk ~.../ David A. Bowers Mayor 554 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33854-060198. 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_~_~ropriations Education $92,134,256.00 Instruction (1) ............................ 69,524,922.00 Revenue Education $92,152,990.00 Grants-in-Aid Commonwealth (2) ............ 44,223,064.00 1) Elementary Teachers (030-060-6001-6000-0121) 2) Basic State Aid (030-060-6000-0631) $71,075.00 71,075.00 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 555 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33855-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~_oro_oriations General Fund (1-47) ...................... $ 171,824,411.00 1) Worker's Comp Wages (001-004-1232-1135) 2) Worker's Comp Wages (001-024-3310-1135) 3) Worker's Comp Wages (001-050-3113-1135) 4) Worker's Comp Wages (001-050-3114-1135) 5) Worker's Comp Wages (001-050-3213-1135) 6) Worker's Comp Wages (001-050-3521-1135) 7) Worker's Comp Wages (001-052-3410-1135) 8) Worker's Comp Wages (001-052-4110-1135) 9) Worker's Comp Wages (001-052-4160-1135) 10) Worker's Comp Wages (001-052-4210-1135) 11) Worker's Comp Wages (001-052-4211-1135) 12) Worker's Comp Wages (001-052-4220-1135) 13,915.00 20,961.00 89,915.00 70.00 98,770.O0 579.00 486.00 11,712.00 2,655.00 5,305.00 1,805.00 4,219.00 556 13) Worker's Comp Wages (001-052-4330-1135) 14) Worker's Comp Wages (001-052-4340-1135) 15) Worker's Comp Wages (001-054-1270-1135) 16) Worker's Comp Wages (001-054-3320-1135) 17) Worker's Comp Medical (001-054-5314-1135) 18) Workers Comp Wages 19) Worker's Medical 20) Worker's Medical 21) Worker's Medical 22) Worker's Medical 23) Worker's Medical (001-004-9110-1135) Comp (001-002-1263-1140) Comp (001-004-1231-1140) Comp (001-004-1232-1140) Comp (001-010-1310-1140) Comp (001-024-2140-1140) Medical 25) Worker's Medical 26) Worker's Medical 27) Worker's Medical 24) Worker's Comp (001-024-3310-1140) Comp (001-028-2111-1140) Comp (001-050-3113-1140) Comp (001-050-3213-1140) 28) Worker's Comp Medical (001-050-3520-1140) 29) Worker's Comp Medical 30) Worker's Medical 31) Worker's Medical 32) Worker's Medical 33) Worker's Medical 34) Worker's Medical (001-050-3521-1140) Comp (001-050-4130-1140) Comp (001-052-3410-1140) Comp (001-052-4110-1140) Comp (001-052-4160-1140) Comp (001-052-4210-1140) 333.00 7,827.00 18,778.00 3,144.00 260.00 350,000.00) 2,444.00 135.00 12,995.00 212.00 36.00 75,460.00 14.00 119,476.00 128,073.00 101.00 2,317.00 65.00 9,404.00 33,976.00 20,605.00 15,289.00 557 35) Worker's Comp Medical (001-052-4211-1140) $ 1,591.00 36) Worker's Comp Medical (001-052-4220-1140) 2,426.00 37) Worker's Comp Medical (001-052-4310-1140) 141.00 38) Worker's Comp Medical (001-052-4330-1140) 2,809.00 39) Worker's Comp Medical (001-052-4340-1140) 33,084.00 40) Worker's Comp Medical (001-052-7110-1140) 607.00 41) Worker's Comp Medical (001-052-8110-1140) 387.00 42) Worker's Comp Medical (001-054-1270-1140) 74,908.00 43) Worker's Comp Medical (001-054-3320-1140) 1,841.00 44) Worker's Comp Medical (001-054-5314-1140) 812.00 45) Worker's Comp Medical (001-072-2110-1140) 58.00 46) Worker's Comp Medical (001-004-9110-1140) (350,000.00) 47) Jail Recovered Costs (001-024-3310-8110) (120,000.00) 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 558 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33856-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 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 Transfers to Other Fuds (1) ............. $ 60,812,035.00 60,181,482.00 Public Safety Jail (2) ................................ 38,711,902.00 7,850,385.00 Capital Pro_iects Fund A_~_~ropriations General Government Market Building - Renovations (3) .......... Environmental Issues - Public Works Service Center (4) .................. $15,281,119.00 60,000.00 450,000.00 Capital Improvement Reserve $13,505,776.00 Capital Improvement Reserve (5) ............ 450,498.00 1) Transfer to Capital Projects Fund 2) Reimbursements 3) Appropriated from General Revenue (001-004-9310-9508) (001-024-3310-8005) (008-052-9555-9003) $ 385,000.00 (385,000.00) (65,000.00) 559 4) Appropriated from General Revenue 5) Buildings and Structures (008-052-9670-9003) (008-052-9575-9173) $ 300,000.00 150,000.00 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 June, 1998. No. 33857-060198. A RESOLUTION concurring in the Virginia Department of Transportation's proposed improvements to 10th Street, N.W. WHEREAS, the Virginia Department of Transportation ("VDOT') was requested to include improvements to 10th Street, N.W., for project fundi.ng in VDOT's Six-Year Plan. WHEREAS, various public information meetings seeking comment on proposed improvements where held throughout a two-year period and the consensus of the ad-hoc group of neighborhood representatives was not opposed to the three-lane design concept; and WHEREAS, the Virginia Department of Transportation is seeking the City's concurrence and recommendation for this project in connection with its Six-Year Plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 56O 1. That this Council concurs in the development of a three-lane design for 10th Street, N.W., at a cost to the City and upon such terms as otherwise set out in the Council report dated June 1, 1998, and its attachments. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the Virginia Department of Transportation. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33858-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and City Information Systems 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 1997-98 General and City Information Systems Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_o_oro_oriations Nondepartmental Transfers to Other Funds (1) ............. Public Safety Jail (2) ................................ $ 60,727,035.00 60,096,482.00 38,796,902.00 7,935,385.00 561 City Information Systems Fund Ap_oro_oriations Capital Outlay Police and Jail Systems (3) ................ $ 3,982,164.00 550,000.00 Revenue Nonoperating Other (4) ................................ $ 1,858,867.00 1,858,867.00 1) Transfer to City Information Systems Fund (001-004-9310-9513) 2) Reimbursements (001-024-3310-8005) 3) Law Enhancements (013-052-9801-9203) 4) Transfer from General Fund (013-020-1234-1037) $ 300,000.00 (300,000.00) 300,000.00 300,000.00 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 June, 1998. No. 33859-060198. AN ORDINANCE to amend and reordain certain seCtions of the 1997-98 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 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriation$ Fifth District Employment and Training Consortium FY97-98 Title II - B (1-20) ......................... Title III - 40% (21) ....................... Title III (22-24) ........................ Title II -A (25-27) ...................... $1,911,197.00 499,822.00 395,900.00 348,497.00 403,485.00 Revenue Fifth District Employment and Training Consortium FY97-98 Title II - B (28) .......................... Title III -40% (29) ....................... $1,911,197.00 499,822.OO 395,900.00 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) Training Wages 10) Training Fringes 11) Training Travel 12) Training Communications (034-054-9865-8350) (034-054-9865-8351) (034-054-9865-8352) (034-054-9865-8353) (034-054-9865-8355) (034~54-9865-8356) (034-054-9865-8359) (034-054-9865-8360) (034-054-9865-8050) (034-054-9865-8051) (034-054-9865-8052) (034-054-9865-8053) $ 13,400.00 3,500.00 1,500.00 750.00 1,500.00 1,000.00 2,500.00 3,816.00 25,100.00 6,750.00 1,000.00 750.00 13) Training Supplies 14) Training Insurance 15) Training Equipment 16) Miscellaneous and Summer Instruction 17) Roanoke City Schools (034-054-9865-8055) (034-054-9865-8056) (034-054-9865-8059) (034-054-9865-8060) (034-054-9865-8231) 18) Dabney S. Lancaster Community College 19) TAP 20) Roanoke County Schools 21) Retraining-Tuition 22) Wages 23) Fringes 24) Retraining - Tuition 25) Wages 26) Fringes 27) Retraining - Tuition 28) Title II - B Revenue 29) Title III - 40% Revenue (034-054-9865-8232) (034-054-9865-8233) (034-054-9865-8239) (034-094-9882-8900) (034-054-9881-8350) (034-054-9881-8351) (034-054-9881-8500) (034-054-9861-8350) (034-054-9861-8351) (034-054-9861-8500) (034-034-1234-9865) (034-034-1234-9882) BE IT FURTHER ORDAINED that, an shall be in effect from its passage. $ 1,500.00 1,000.00 ATTEST: Mary F. Parker City Clerk 1,500.00 563 4,300.00 91,892.00 57,903.00 90,268.00 89,937.00 20,000.00 4,000.00 1,000.00 20,000.00 (4,000.00) (1,000.00) (20,000.00) 399,866.00 20,000.00 emergency existing, this Ordinance APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33860-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. 564 WHEREAS, for the usual daily operation of the Municip~!l 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD_~ropriations General Fund (1-220) $ (171,824,411.00) 1) City Information Systems 2) CIS - PC Rental 3) Risk Management Overhead 4) City Information Systems 5) ClS - PC Rental 6) Risk Management Overhead 7) City Information Systems 8) ClS - PC Rental 9) Fleet Management 10) Fleet Rental 11) City Information Systems 12) ClS - PC Rental 13) Risk Management Overhead City Information Systems 14) 15) CIS - PC Rental 16) Risk Management Overhead 17) City Information Systems 18) ClS - PC Rental 19) Risk Management Overhead 20) ClS - PC Rental 21) Risk Management Overhead (001-001-1110-7005) $ (001-001-1110-7007) (001-001-1110-7017) (001-001-1120-7005) ( (001-001-1120-7007) (001-001-1120-7017) ( (001-002-1211-7005) ( (001-002-1211-7007) (001-002-1211-7026) (001-002-1211-7027) (001-002-1212-7005) (001-002-1212-7007) (001-002-1212-7017) (001-002-1261-7005) ( (001-002-1261-7007) (001-002-1261-7017) ( (001-002-1263-7005) ( (001-002-1263-7007) ( (001-002-1263-7017) (001-002-8120-7007) (001-002-8120-7017) 187.00 1,433.00 158.00 935.00) 2,614.00 373.00) 2,604.00) 3,053.00 1,658.00 284.00 14,613.00 1,316.00 367.00 5,948.00) 3,441.00 602.00) 617.00) 500.,00) 1,906.00 1,774.00 345.00 565 22) Fleet Management 23) City Information Systems 24) CIS - PC Rental 25) Contingency 26) City Information Systems 27) ClS - PC Rental 28) Risk Management Overhead 29) City Information Systems 30) ClS - PC Rental 31) Risk Management Overhead (001 32) City Information Systems (001 33) ClS - PC Rental (001 34) Risk Management Overhead (001 35) Fleet Management (001 36) Fleet Rental (001 37) City Information Systems (001 38) ClS - PC Rental (001 39) Risk Management Overhead (001 40) City Information Systems (001 41) CIS - PC Rental (001 42) Risk Management Overhead (001 43) City Information Systems (001 44) ClS - PC Rental (001 45) Risk Management Overhead (001 46) City Information Systems (001 47) ClS - PC Rental (001 48) Risk Management Overhead (001 49) City Information Systems (001 (001-002-8120-7025) (001-002-8123-7005) (001-002-8123-7007) (001-002-9410-2199) (001-003-1220-7005) (001-003-1220-7007) (001-003-1220-7017) (001-004-1231-7005) (001-004-1231-7007) -004-1231-7017) -004-1232-7005) -004-1232-7007) -004-1232-7017) -004-1232-7025) -004-1232-7027) -005-1240-7005) -005-1240-7007) -005-1240-7017) -010-1310-7005) -010-1310-7007) -010-1310-7017) -020-1234-7005) -020-1234-7007) -020-1234-7017) -022-1233-7005) -022-1233-7007) -022-1233-7017) -023-1235-7005) $ 3,475.00 ( 632.00) 1,730.00 72,189.00 (1,046.00) 3,868.00 181.00 (74,338.00) 4,845.00 196.00 (57,469.00) 8,776.00 894.00 (4,080.00) 412.00 ( 711.00) 2,722.00 135.00 (3,269.00) 1,242.00 ( 186.00) 11,326.00 6,644.00 (14,316.00) (51,226.00) 8,068~0 107.00 1,851.00 566 50) CIS - PC Rental 51) Risk Management Overhead 52) Fleet Management 53) City Information Systems 54) CIS - PC Rental 55) Risk Management Overhead 56) Risk Management Claims 57) Fleet Management 58) City Information Systems 59) CIS - PC Rental 60) Risk Management Overhead 61) City Information Systems 62) CIS - PC Rental 63) Risk Management Overhead 64) CIS - PC Rental 65) CIS - PC Rental 66) Risk Management Overhead 67) Fleet Management 68) Fleet Rental 69) Risk Management Overhead 70) Fleet Management 71) Fleet Rental 72) Risk Management Overhead 73) Risk Management Claims 74) Fleet Management 75) Fleet Rental 76) City Information Systems 77) Risk Management Overhead 78) Fleet Management 79) Fleet Rental (001-023-1235-7007) (001-024-2140-7017) (001-024-2140-7025) (001-024-3310-7005) (001-024-3310-7007) (001-024-3310-7017) (001-024-3310-7018) (001-024-3310-7025) (001-026-2210-7005) (001-026-2210-7007) (001-026-2210-7017) (001-028-2111-7005) (001-028-2111-7007) (001-028-2111-7017) (001-050-1260-7007) (001-050-3111-7007) (001-050-3111-7017) (001-050-3111-7025) (001-050-3111-7027) (001-050-3112-7017) (001-050-3112-7025) (001-050-3112-7027) (001-050-3113-7017) (001-050-3113-7018) (001-050-3113-7025) (001-050-3113-7027) (001-050-3114-7005) (001-050-3114-7017) (001-050-3114-7025) (001-050-3114-7027) 6,300.00 1,500.00 344.00) 34,471.00 16,194.00 3,038.00 (2,437.00) 3,866.OO) (21,686.00) 7,986.00 825.00 (13,375.00) (3,770.00) 498.00 910.00 36,865.00 2,653.00 (3,122.00) 545.00 ( 570.00) 3,147.00 6,618.00 4,040.00 (5,919.00) (57,449.00) 12,979.00 18,715.00 1,132.00 (2,800.00) ( 235.00) 567 80) Risk Management Overhead 81) Fleet Management 82) Fleet Rental 83) City Information Systems 84) CIS - PC Rental 85) Fleet Management 86) Risk Management Overhead 87) Fleet Management 88) Fleet Rental 89) Risk Management Overhead 90) Risk Management Claims 91) Fleet Management 92) Fleet Rental 93) City Information Systems 94) CIS - PC Rental 95) Fleet Management 96) City Information Systems 97) CIS - PC Rental 98) Fleet Management 99) Fleet Rental 100) Risk Management Overhead 101) Fleet Management 102) Fleet Rental 103) City Information Systems 104) CIS - PC Rental 105) Risk Management Overhead 106) Fleet Management 107) Fleet Rental 108) City Information Systems 109) CIS - PC Rental 110) Risk Management Overhead 111) Fleet Management (001-060-3116-7017) $ (001-050-3115-7025) ( (001-050-3115-7027) (001-050-3211-7005) (001-050-3211-7007) (001-050-3211-7025) (001-050-3212-7017) (001-050-3212-7025) (001-050-3212-7027) (001-050-3213-7017) (001-050-3213-7018) (001-050-3213-7025) (001-050-3213-7027) (001-050-3520-7005) (001-050-3520-7007) (001-050-3520-7025) (001-050-3521-7005) (001-050-3521-7007) (001-050-3521-7025) (001-050-3521-7027) (001-050-3530-7017) (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) (001-050-1260-7005) (001-050-1260-7007) (001-052-1280-7017) (001-052-1280-7025) 1,347.00 780.00) 1,731.00 (4,752.00) 13,506.00 751.00 899.00 (11,684.00) (7,659.00) (1,472.00) (5,465.00) 36,683.00 22,543.00 (3,142.00) 2,592.00 2,146.00 (4,855.00) 2,617.00 2,066.00 1,514.00 158.00 8,969.00 2,057.00 5,756.00 5,624.00 764.00 (2,972.00) 844.00 164.00 1,007.00 ( 120.00) 1,033.00 568 112) Fleet Rental 113) City Information Systems 114) CIS - PC Rental 115) Risk Management Overhead 116) Fleet Management 117) Fleet Rental 118) City Information Systems 119) CIS - PC Rental 120) Risk Management Overhead 121) Risk Management Claims 122) Fleet Management 123) Fleet Rental 124) City Information Systems 125) CIS - PC Rental 126) Risk Management Overhead 127) Risk Management Claims 128) Fleet Management 129) Fleet Rental 130) City Information Systems 131) CIS - PC Rental 132) Risk Management Claims 133) Fleet Management 134) Fleet Rental 135) Risk Management Overhead 136) Risk Management Claims 137) Fleet Management 138) Fleet Rental 139) Risk Management Overhead 140) Fleet Management*. 141) City Information Systems (001-052-1280-7027) (001-052-3410-7005) (001-052-3410-7007) (001-052-3410-7017) (001-052-3410-7025) (001-052-3410-7027) (001-052-4110-7005) (001-052-4110-7007) (001-052-4110-7017) (001-052-4110-7018) (001-052-4110-7025) (001-052-4110-7027) (001-052-4160-7005) (001-052-4160-7007) (001-052-4160-7017) (001-052-4160-7018) (001-052-4160-7025) (001-052-4160-7027) (001-052-4210-7005) (001-052-4210-7007) (001-052-4210-7018) (001-052-4210-7025) (001-052-4210-7027) (001-052-4211-7017) (001-052-4211-7018) (001-052-4211-7025) (001-052-4211-7027) (001-052-4220-7017) (001-052-4220-7025) (001-052-4310-7005) $ 1,118.00 (8,100.00) ( 40O.OO) 1,057.00 4,484.OO (1,460.00) ( 509.00) 1,690.00 1,059.00 (12,499.00) (21,524.00) 9,432.00 ( 987.00) 2,278.00 315.00 (4,366.00) (12,023.00) 12,074.00 (2,570.00) 3,724.0O 3,222.00 33,057.00 (94,855.00) 480.00 (2,660.00) 29,787.00 16,300.00 465.00 229.00 48O.00 569 142) CIS - PC Rental 143) Risk Management Overhead 144) Fleet Management 145) Fleet Rental 146) City Information Systems 147) CIS - PC Rental 148) Risk Management Overhead 149) Risk Management Claims 150) Fleet Management 151) Fleet Rental 152) City Information Systems 153) CIS - PC Rental 154) Risk Management Overhead 155) Risk Management Claims 156) Fleet Management 157) Fleet Rental 158) City Information Systems 159) CIS - PC Rental 160) Risk Management Overhead 161) Risk Management Claims 162) Fleet Management 163) Fleet Rental 164) City Information Systems 165) CIS - PC Rental 166) Risk Management Overhead 167) Fleet Management 168) Fleet Rental 169) City Information Systems 170) CIS - PC Rental 171) City Information Systems (001-052.4310-7005) (001-052-4310-7017) (001-052-4310-7025) (001-052-4310-7027) (001-052-4330-7005) (001-052-4330-7007) (001-052-4330-7017) (001-052-4330-7018) (001-052-4330-7025) (001-052-4330-7027) (001-052-4340-7005) (001-052-4340-7007) (001-052-4340-7017) (001-052-4340-7018) (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) (001-052-8110-7017) (001-052-8110-7025) (001-052-8110-7027) (001-054-1270-7005) (001-054-1270-7007) (001-054-2150-7005) $ 15,388.00 288.00 (3,723.00) 1,064~00 296.00 2,388.00 437.00 (3,612.00) 4,938.00 4,507.00 742.00 2,352.00 2,087.00 (6,737.00) (29,289.00) ( 306.00) (5,481.00) 8,978.00 845.00 (2,128.00) 10,760.00 4,763.00 2,300.00 3,844.00 3,584.00 (6,406.00) 2,787.00 168.00 2,485~.00 ( 346.00) 570 172) ClS - PC Rental 173) City Information Systems 174) CIS - PC Rental 175) Risk Management Overhead 176) Risk Management Claims 177) Fleet Management 178) Fleet Rental 179) ClS - PC Rental 180) Risk Management Overhead 181) City Information Systems 182) ClS - PC Rental 183) Risk Management Overhead 184) Risk Management Claims 185) Fleet Management 186) Fleet Rental 187) City Information Systems 188) CIS - PC Rental 189) Risk Management Overhead 190) Fleet Management 191) Fleet Rental 192) City Information Systems 193) CIS - PC Rental 194) City Information Systems 195) CIS - PC Rental 196) Risk Management Overhead 197) Risk Management Overhead 198) Risk Management Overhead 199) Risk Management Overhead (001-054-2150-7007) (001-054-3320-7005) (001-054-3320-7007) (001-054-3320-7017) (001-054-3320-7018) (001-054-3320-7025) (001-054-3320-7027) (001-054-3330-7007) (001-054-3330-7017) (001-054-3350-7005) (001-054-3350-7007) (001-054-3350-7017) (001-054-3350-7018) (001-054-3350-7025) (001-054-3350-7027) (001-054-3360-7005) (001-054-3360-7007) (001-054-3360-7017) (001-054-3360-7025) (001-054-3360-7027) (001-054-5110-7005) (001-054-5110-7007) (001-054-5311-7005) (001-054-5311-7007) (001-054-5311-7017) (001-054-5312-7017) (001-054-5313-7017) (001-054-5314-7017) $ 1,407.00 ( 319.00) 4,630.00 2,182.00 6,672.00 5,174.00 3,498.00 1,519.00 323.00 ( 386.00) 2,063.00 204.00 ( 589.00) 1,278.00 870.00 ( 438.00) 3,085.00 ( 384.00) 2,705.00 656.00 ( 752.00) 1,699.00 (28,897.00) 10,202.00 717.00 760.00 1,199.00 792.00 571 200) Risk Management Claims 201) Fleet Management 202) Fleet Rental 203) Risk Management Overhead 204) Fleet Management 205) Risk Management Overhead 206) City Information Systems 207) CIS - PC Rental 208) Risk Management Overhead 209) Fleet Management 210) Fleet Rental 211) CIS - PC Rental 212) City Information Systems 213) CIS - PC Rental 214) Risk Management Overhead 215) CIS - PC Rental 216) Fleet Management 217) Fleet Rental 218) Risk Management Overhead 219) City Information Systems 220) ClS - PC Rental (001-054-5314-7018) (001-054-5314-7025) (001-054-5314-7027) (001-054-5316-7017) (001-054-5316-7025) (001-054-5317-7017) (001-054-7310-7005) (001-054-7310-7007) (001-054-7310-7017) (001-054-7310-7025) (001-054-7310-7027) (001-054-8170-7007) (001-056-1237-7005) (001-056-1237-7007) $ 3,100.00 5,565.00 (1,345.00) 294.00 (1,500.00) 509.00 (17,919.00) 7,165.00 736.00 4,066.00 194.00 1,114.00 (57,972.00) 2,342.00 (001-056-1237-7017) ( 141.00) (001-056-1250-7007) 800.00 (001-056-1250-7025) ( 409.00) (001-056-1250-7027) ( 930.00) (001-072-2110-7017) 241.00 (001-076-2130-7005) (104.00) (001-076-2130-7007) 382.00 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 572 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33861-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ropriations General Fund (1-104) ...................... $171,824,411.00 1) ICMA Match 2) ICMA Match 3) Termination Leave Wages 4) ICMA Match 5) ICMA Match 6) ICMA Match 7) ICMA Match 8) Contingency 9) ICMA Match 10) ICMA Match 11) Termination Leave Wages 12) ICMA Match 13) ICMA RC Retirement 14) Unemployment Wages 15) Termination Leave Wages 16) ICMA Match 17) Termination Leave Wages (001-001-1120-1116) (001-002-1211-1116) (001-002-1211-1150) (001~02-1212-1116) (001-002-1261-1116) (001-002-1263-1116) (001-002-8120-1116) (001-002-9410-2199) (001-003-1220-1116) (001-004-1231-1116) (001-004-1231-1150) (001-004-1232-1116) (001-004-9110-1115) (001-004-9110-1145) (001-004-9110-1150) (001-005-1240-1116) (001-005-1240-1150) $ 410.00 547.00 816.00 650.00 1,255.00 240.OO 695.00 (72,189.00) 640.00 2,340.0O 14,713.00 1,600.00 (173,000.00) (35,000.00) (91,275.00) 665.00 1,864.00 573 18) Unemployment Wages 19) ICMA Match 20) Termination Leave Wages 21) ICMA Match 22) Termination Leave Wages 23) ICMA Match 24) Termination Leave Wages 25) ICMA Match 26) Termination Leave Wages 27) ICMA Match 28) Termination Leave Wages 29) ICMA Match 30) ICMA Match 31) ICMA Match 32) ICMA Match 33) ICMA Match 34) Termination Leave Wages 35) ICMA Match 36) ICMA Match 37) Termination Leave Wages 38) ICMA Match 39) Termination Leave Wages 40) ICMA Match 41) ICMA Match 42) ICMA Match 43) Termination Leave Wages 44) ICMA Match 45) Termination Leave Wages 46) ICMA Match 47) ICMA Match 48) ICMA Match 49) ICMA Match (001-010-1310-1145) (001-020-1234-1116) (001-020-1234-1150) (001-022-1233-1116) (001-022-1233-1150) (001-023-1235-1116) (001-023-1235-1150) (001-024-2140-1116) (001-024-2140-1150) (001-024-3310-1116) (001-024-3310-1150) (001-026-2210-1116) (001-026-2211-1116) (001-028-2111-1116) (001-050-1260-1116) (001-050-3111-1116) (001-050-3111-1150) (001-050-3112-1116) (001-050-3113-1116) (001-050-3113-1150) (001-050-3114-1116) (001-050-3114-1150) (001-050-3115-1116) (001-050-3211-1116) (001-050-3212-1116) (001-0S0-3212-1150) (001-050-3213-1116) (001-050-3213-1150) (001-050-3520-1116) (001-050-3521 -'1116) (001-050-3530-1116) (001-050-4130-1116) $ 108.00 1,350.00 312.00 1,205.00 3,838.00 1,425.00 6,286.00 2,325.00 19,188.00 10,230.00 34,131.00 1,945.00 140.00 2,580.00 280.00 280.00 12,616.00 4,050.00 12,030.00 25,580.00 3,160.00 3,816.00 650.00 980.00 1,345.00 3,166.00 25,825.00 7,212.00 260.00 2,925.00 770.00 2,570.00 574 50) Termination Leave Wages 51) ICMA Match 52) ICMA Match 53) Termination Leave Wages 54) ICMA Match 55) Unemployment Wages 56) Termination Leave Wages 57) ICMA Match 58) Unemployment Wages 59) ICMA Match 60) Unemployment Wages 61) Termination Leave Wages 62) ICMA Match 63) Termination Leave Wages 64) ICMA Match 65) Unemployment Wages 66) ICMA Match 67) Termination Leave Wages 68) ICMA Match 69) Termination Leave Wages 70) ICMA Match 71) Unemployment Wages 72) Termination Leave Wages 73) ICMA Match 74) Unemployment Wages 75) ICMA Match 76) ICMA Match 77) Unemployment Wages 78) ICMA Match (001-050-4130-1150) (001-052-1280-1116) (001-052-3410-1116) (001-052-3410-1150) (001-052-4110-1116) (001-052-4110-1145) (001-052-4110-1150) (001-052-4160-1116) (001-052-4160-1145) (001-052-4210-1116) (001-052-4210-1145) (001-052-4210-1150) (001-052-4211-1116) (001-052-4211-1150) (001-052-4220-1116) (001-052-4220-1145) (001-052-4310-1116) (001-052-4310-1150) (001-052-4330-1116) (001-052-4330-1150) (001-052-4340-1116) (001-052-4340-1145) (001-052-4340-1150) (001-052-7110-1116) (001-052-7110-1145) (001-052-8110-1116) (001-054-1270-1116) (001-054-1270-1145) (001-054-3320-1116) 3,781.00 280.00 2,005.00 3,349.00 2,890.00 269.00 413.00 2,240.00 3,118.00 2,140.00 4,460.00 3,54O.O0 880.00 2,318.00 2,510.00 505.00 2,695.00 106.00 4,625.00 4,852.00 7,500.00 1,921.00 4,598.00 1,105.00 2,182.00 1,870.00 280.00 3,557.00 1,640.00 575 79) Unemployment Wages 80) Termination Leave Wages 81) ICMA Match 82) Termination Leave Wages (001 83) ICMA Match (001 84) ICMA Match (001 85) Unemployment Wages 86) Termination Leave Wages 87) ICMA Match 88) Termination Leave Wages (001 89) ICMA Match (001 90) ICMA Match (001 91) Termination Leave Wages ICMA Match Unemployment Wages 92) 93) 94) Termination Leave Wages 95) ICMA Match 96) Termination Leave.. Wages 97) ICMA Match 98) ICMA Match 99) Termination Leave Wages 100) ICMA Match 101) ICMA Match 102) ICMA Match 103) ICMA Match 104) Termination Leave Wages (001-054-3320-1145) (001-054-3320-1150) (001-054-3330-1116) -054-3330-1150) -054-3350-1116) -054-3360-1116) (001-054-3360-1145) (001-054-3360-1150) (001-054-5311-1116) -054-5311-1150) -054-5312-1116) -054-5313-1116) (001-054-5313-1150) (001-054-5314-1116) (001-054-5314-1145) (001-054-5314-1150) (001-054-5316-1116) (001 (001 (ool (OOl (OOl (OOl (ool (OOl -054-5316-1150) -054-5317-1116) -054-7310-1116) -054-7310-1150) -054-8170-1116) -056-1237-1116) -056-1250-1116) -072-2110-1116) (001-072-2110-1150) $ 598.00 2,063.00 395.00 4,001.00 1,105.00 814.00 126.00 206.00 2,185.00 1,270.00 140.00 6,770.00 10,974.00 6,285.00 6,163.00 7,448.00 1,625.00 1,584.00 140.00 3,865.00 6,620.00 140.00 520.00 280.00 610.00 4,895.00 576 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 June, 1998. No. 33862-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Other Infrastructure Hunter Viaduct Removal - Engineering (1-2) .... Capital Improvement Reserve Public Improvement Bonds -Series 1996 (3) ... Revenue $ 18,457,244.00 4,571,809.00 $ 10,251,105.00 4,743,736.00 Due from Third Parties (4) ..................... $ 950,000.00 1) Appropriated from Bond Funds (008-052-9636-9001) $ 3,104,671.00 577 2) Appropriated from Third Party 3) Bridges 4) Norfolk Southern - Hunter Viaduct (008-052-9636-9004) (008-052-9701-9190) (008-1261) $ 865,983.00 (3,104,671.00) 865,983.00 BElT FURTHER ORDAINED that, an emergency existing, this Ordinance shall bein effectfrom 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 June, 1998. No. 33863-060198. AN ORDINANCE accepting the bid of English Construction Company, Incorporated., for the rehabilitation of the Hunter Viaduct, 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 English Construction Company, Incorporated in the total amount of $3,058,597.70 for the rehabilitation of the Hunter Viaduct, as is more particularly set forth in the City Manager's report dated June 1, 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 578 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33864-060198. A RESOLUTION authorizing the execution of an amendment to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for construction administration and full-time construction inspection services for the Hunter Viaduct Phase II Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment Number 4 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated September 21, 1989, for construction administration and full-time construction inspection services for the Hunter Viaduct Phase II Project, as set forth in the report to this Council dated June 1, 1998. 579 2. The cost of these additional services shall be $247,000, which will increase the contract amount from $316,830 to $563,830. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33865-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~pro_oriations Streets and Bridges Three Bridge Replacements (1) .............. Capital Improvement Reserve Public Improvement Bonds - Series 1997 (2) ... $ 22,334,101.00 646,341.00 $ 12,860,288.00 3,248,862.00 1) Appropriated from Bond Funds (008-052-9551-9001) 2) Bridges (008-052-9706-9190) $05,488.00 (505,488.00) 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 1st day of June, 1998. No. 33866-060198. AN ORDINANCE accepting the bid of H. & S. Construction Company for the replacement of the Cove Road bridge over Peters Creek and the Peach Tree Drive bridge over Peters Creek, 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 that: 1. The bid of H. & S. Construction Company, made to the City in the total amount of $443,488.25 for the replacement of the Cove Road bridge over Peters Creek and the Peach Tree Drive bridge over Peters Creek as is more particularly set forth in the report to this Council dated June 1, 1998, 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. 581 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 1st day of June, 1998. No. 33867-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A=.~ro_~riations Capital Improvement Reserve Public Improvement Bonds - Series 1996 (1)... Public Improvement Bonds - Series 1997 (2)... $12,933,926.00 7,667,107.00 3,513,800.00 Streets and Bridges $22,350,463.00 Sidewalks and Curbs Phase III (3-4) .......... 521,850.00 582 1) Streets and Sidewalks 2) Streets and Sidewalks 3) Appropriated from Bond Funds 4) Appropriated from General Revenue (008-052-9701-9191) (008-052-9706-9191) (008-052-9542-9001) (008-052-9542-9003) $ (181,300.00) (240,550.00) 421,850.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. P~ar er City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33868-060198. AN ORDINANCE accepting the bid of H. & S. Construction Company, for the construction of new concrete sidewalks, entrances, and curbs 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; 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, made to the City in the total amount of $471,850, for the construction of new concrete sidewalks, entrances, and curb improvements throughout the City of Roanoke, as is more particularly set forth in the report to this Council dated June 1, 1998, 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. 583 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1998. No. 33869-060198. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 584 Appropriations Other Infrastructure $ 15,646,590.00 Peters Creek Detention Basin (1) ............. 1,710,000.00 Capital Improvement Reserve $ 12,195,776.00 Public Improvement Bonds - Series 1992A (2).. 292,521.00 1) Appropriated from Bond Funds (008-056-9656-9001) 2) Storm Drains (008-052-9700-9176) $ 1,160,000.00 (1,160,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mary F. ~arker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1998. No. 33870-060198. AN ORDINANCE accepting the bid of H.T. Bowling Inc., for the construction of the Peters Creek Detention Basins, 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.T. Bowling Inc., for the construction of the Peters Creek Detention Basins in the total amount of $1,054,305, as is more particularly set forth in the City Manager's report dated June 1, 1998, to this Council, such bid being in 585 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33871-061598. A RESOLUTION recognizing and commending the meritorious services rendered to the City by the HONORABLE JOHN H. PARROTT, Member, Roanoke City Council. 586 WHEREAS, the Honorable John H. Parrott was elected to City Council on the first Tuesday in May, 1994, and served a four-year term commencing July 1, 1994, and expiring June 30, 1998; WHEREAS, Mr. Parrott has given unselfishly of his time and ability, serving as Chair of the City Council Bid Committee, Chair of the Roanoke Valley Regional Cable Television Committee and Chair of the Hotel Roanoke Conference Center Commission, and as a member of City Council's Legislative, Water Resources and Personnel Committees; and WHEREAS, in his public service, Mr. Parrott has always demonstrated a keen interest in capital improvement projects, public construction and procurement, basic public infrastructure such as water and sewer facilities and efficiencies in City government, and he has always displayed personal characteristics of honesty, integrity, loyalty, fairness, friendliness and sense of humor; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding services rendered to this City and its people by the Honorable John H. Parrott, Member, Roanoke City Council. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33872-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School 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. 587 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 School and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Summer Youth Employment 1998 (1-5) .................. Thurman Foundation for Children 1998-99 (6-8) .......... Instruction (9) ...................................... General Support (10) ................................. $113,572,164.00 91,892.00 9,000.00 64,293,524.00 3,139,101.00 Revenue Education Summer Youth Employment 1998 (11) ................... Thurman Foundation for Children 1998-99 (12) ............ $110,924,547.00 91,892.00 9,000.00 Capital Projects Fund Ap~ro.~riations Education Addison Middle School Renovation (13-14) ............... Westside Elementary School Roof Replacement (15) ........ $ 38,601,601.00 10,513,300.00 314,569.00 Capital Improvement Reserve $ 8,427,476.00 Public Improvement Bonds - Series 2000 (16) ............ (1,423,950.00) Revenue Due from State Literary Fund (17) ....................... $ 5,000,000.00 Fund Balance Reserved for School Construction (Trigon) - Appropriated (18) ............................ $ 314,569.00 1) Teachers 2) Social Security 3) Travel (030-060-6453-6449-0121 ) (030-060-6453-6449-0201) (030-060-6453-6449-0551) t8,t04.00 1,385.00 7,602.00 588 4) Instructional Supplies 5) Student Participant Allowances 6) Teacher Stipends 7) Social Security 8) Training Materials 9) High School Extracurricular Supplies 10) School Board Contingency 11) Federal Grant Receipts 12) Contributions 13) Appropriation from Literary Fund 14) Appropriation from Bond Funds 15) Appropriation from Third Party 16) Schools 17) Due from Literary Fund - Addison Middle School (030-060-6453-6449-0614) (030-060-6453-6549-0129) (030-060-6980-6100-0129) (030-060-6980-6100-0201 ) (030-060-6980-6100-0617) (030-060-6001-6106-0614) (030-060-6002-6661-0589) (030-060-6453-1102) (030-060-6980-1103) (008-060-6090-6896-9006) (008-060-6090-6896-9001) (008-060-6093-6896-9004) (008-052-9706-9182) (008-1324) 18) Reserved for School Construction (Trigon) Appropriated (008-3359) $ 4,113.00 60,688.00 3,715.00 285.00 5,000.00 65,000.00 (65,000.00) 91,892.00 9,000.00 5,000,000.00 5,113,300.00 314,569.00 (5,113,300.00) 5,000,000.00 314,569.00 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 589 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33873-061598. 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 for Huff Lane School 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 $1,350,000 appropriated by an ordinance simultaneously adopted by the City Council on November 17, 1997, for certain expenditures for Huff Lane School Improvements, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-080894, adopted by the City Council on July 21, 1997, in the principal amount of $39,010,000 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 Huff Lane School Improvements is $1,350,000. 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. 59O APPROVED This Resolution shall be effective on and after the date of its adoption. Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33874-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_D_oro_Driations Community Development Block Grant FY99 (1-126) ........... $ 2,492,728.00 Community Development Block Grant FY95 (127-129) ......... 3,612,571.00 Community Development Block Grant FY96 (130-131) ......... 2,614,055.00 Community Development Block Grant FY97 (132-138) ......... 2,763,239.00 Community Development Block Grant FY98 (139-144) ......... 2,952,902.00 Revenues Community Development Block Grant FY99 (145-157) ......... $ 2,492,728.00 1) RRHA General Administration 2) Deanwood Support (035-099-9910-5035) (035-099-9910-5001) $ 30,000.00 3,000.00 591 3) Critical Assistance for the Elderly Support (035-099-991 4) Consolidated Rehabilitation Program Support - UDAG (035-099-991 5) Consolidated Rehabilitation Program Support - CDBG (035-099-991 6) Operation Paintbrush Support 7) Quick Response to Emergencies Support 8) Down Payment/Closing Cost - (HOP) 9) HOP Subsidy Program 10) Regular Employee Salaries 11) Temporary Wages 12) ICMA Retirement 13) ICMA Match 14) FICA 15) Hospitalization Insurance 16) Dental Insurance 17) Life Insurance 18) Disability Insurance 19) Fees for Professional Services 20) Advertising 21) Telephone 22) Administrative Supplies 23) Publications and Subscriptions 24) Training and Development 25) Fleet Management Daily Vehicle Rental 26) Printing 27) Postage 28) Equipment Rental 29) Other Rentals 30) Management Services 31) Regular Employee Salaries 32) ICMA Retirement 33) ICMA Match 34) FICA 35) Hospitalization Insurance 36) Dental Insurance 37) Life Insurance 0-5002) $ 25,000.00 0-5030) 133,954.00 0-5042) 64,146.00 (035-099-9910-5048) (035-099-9910-5076) (035-099-9910-5331 ) (035-099-9910-5338) (035-099-9915-1002) (035-099-9915-1004) (035-099-9915-1115) (035-099-9915-1116) (035-099-9915-1120) (035-099-9915-1125) (035-099-9915-1126) (035-099-9915-1130) (035-099-9915-1131) (035-099-9915-2010) (035-099-9915-2015) (035-099-9915-2020) (035-099-9915-2030) (035-099-9915-2040) (035-099-9915-2044) (035-099-9915-2054) (035-099-9915-2075) (035-099-9915-2160) (035-099-9915-3070) (035-099-9915-3075) (035-099-9915-7015) (035-099-9918-1002) (035-099-9918-1115) (035-099-9918-1116) (035-099-9918-1120) (035-099-9918-1125) (035-099-9918-1126) (035-099-9918-1130) 25,000.00 25,000.00 5,000.00 2 000.00 165 553.00 2 000.00 14 90O.OO I 300.00 13 958.00 6 816.00 681.00 1,189.00 413.00 6,000.00 2,000.00 4,000.00 2,500.00 1,500.00 3,500.00 323.00 · 400.00 600.00 2,650.00 14,022.00 1,200.00 36,314.00 3,268.00 325.00 2,778.00 2,130.00 216.00 261.00 592 38) Disability Insurance 39) Telephone 40) Administrative Supplies 41) Expendable Equipment <$1,000 42) Training and Development (035-099-9918-2044) 43) Management and Services 44) Downtown Parking Study 45) Gilmer Plan 46) Critical Assistance for the Elderly 47) Empowering Individuals with Disabilities 48) New Gilmer Phase I 49) Loudon/Melrose Rebuilding 50) Code Enforcement Rental Support 51) TAP - Helping Elderly 52) Down Payment Support for RRHA Programs 53) Vacant Lot Homesteading $4) Demolition 55) Consolidated Rehabilitation 56) Quick Response to Emergency 57) Property Maintenance 58) Regular Employee Salaries 59) ICMA Retirement 60) ICMA Match 61) FICA 62) Hospitalization Insurance 63) Dental Insurance 64) Life Insurance 65) Disability Insurance 66) Telephone 67) Administrative Supplies 68) Motor Fuels and Lubricants 69) Training and Development 70) Fleet Management 71) Fleet Rental (035-099-9918-1131 ) (035-099-9918-2020) (035-099-9918-2030) (035-099-9918-2035) (035-099-9918-7015) (035-099-9921-5060) (035-099-9921-5064) (035-099-9920-5003) (035-099-9920-5057) (035-099-9920-5065) (035-099-9920-5071) (035-099-9920-5075) (035-099-9920-5080) (035-099-9920-5094) (035-099-9920-5104) (035-099-9920-5108) (035-099-9920-5112) (035-099-9920-5203) (035-099-9920-5352) (035-099-9922-1002) (035-099-9922-1115) (035-099-9922-1116) (035-099-9922-1120) (035-099-9922-1125) (035-099-9922-1126) (035-099-9922-1130) (035-099-9922-1131) (035-099-9922-2020) (035-099-9922-2030) (035-099-9922-2038) (035-099-9922-2044) (035-099-9922-7025) (035-099-9922-7027) 91.00 1,000.00 474.00 200.00 1,000.00 300.00 20,000.00 10,000.00 90,000.00 25,000.00 154,900.00 50,000.00 100,000.00 8,973.00 20,000.00 12,000.00 100,000.00 216,541.00 40,000.00 7,500.00 94,999.00 8,550.00 975.00 7,267.00 6,390.00 649.00 684.00 237.00 3,120.00 2,000.00 1,250.00 1,500.00 3,579.00 6,300.00 593 72) Furniture and Equipment >$1,000 (035-099-9922-9005) 73) Postage and Copying (035-099-9922-2160) 74) Regular Employee Salaries (035-099-9925-1002) 75) Overtime Wages 76) Temporary Employee Wages 77) ICMA Retirement 78) ICMA Match 79) FICA 80) Hospitalization Insurance 81) Dental Insurance 82) Disability Insurance 83) Maintenance Contracts 84) Fees for Professional Services 85) Telephone 86) Administrative Supplies 87) Expended Equipment 88) Training and Development 89) Local Mileage 90) Postage 91) Equipment Rental/Lease 92) Travel and Education - Citizens 93) Neighborhood Plan 94) Neighborhood Training 95) ClS - Personnel Comp. Rent/Maintenance 96) Management Services 97) Small Business Development 98) Temporary Wages 99) FICA 100) lOl) 102) 103) 104) 109) Special Projects Neighborhood Development Grants Mini Grants - Public Improvement Gilmer Community Center Operation Paintbrush Mini Grants - Public Services (035-099-9925-1003) (035-099-9925-1004) (035-099-9925-1115) (035-099-9925-1116) (035-099-9925-1120) (035-099-9925-1125) (035-099-9925-1126) (035-099-9925-1131) (035-099-9925-2005) (035-099-9925-2010) (035-099-9925-2020) (035-099-9925-2030) (035-099-9925-2035) (035-099-9925-2044) (035-099-9925-2046) (035-099-9925-2160) (035-099-9925-3070) (035-099-9925-5124) (035-099-9925-5142) (035-099-9925-5147) (035-099-9925-7007) (035-099-9925-7015) (035-099-9930-5021) (035-099-9932-1004) (035-099-9932-1120) (035-099-9932-2034) (035-099-9937-5028) (035-099-9937-5066) (035-099-9937-5097) (035-099-9937-5102) (035-099-9937-5116) $ 2,000.00 2,500.00 47,640.OO 500.00 500.00 4,378.00 390.00 3,721.00 2,862.00 255.00 122.00 100.00 1,000.00 400.00 2,000.00 250.00 2,000.00 610.00 400.00 587.00 1,180.00 700.00 150.00 3,000.00 750.00 125,000.00 22,000.00 2,000.00 8,000.00 20,000.00 3,400.00 20,000.00 59,104.00 4,660.00 594 106) SE Youth Center Project (035-099-9937-5149) 107) Downtown Facade Grants (035-099-9937-5201) 108) Temporary Wages - City 109) FICA - City 110) Resource Mothers - Health Department 111) Empowering Individuals with Disabilities 112) TAP Computer Works 113) Adolescent Partnership Counseling 114) Apple Ridge Programs 115) Opportunity Knocks 116) YMCA 2000/Outreach 117) TAP/TLC Operating 118) Emergency Assistance Fund 119) West End Center 120) YMCA - Hurt Park 121) Family Transport Assistance 122) Business Training Initiative 123) Scouting Early Leads 124) YMCA Youth Group 125) 126) 127) 128) 129) 130) 131) 132) 133) 134) 135) 136) Contingency Fund Indirect Costs Economic Development Investment Fund Unprogrammed CDBG - Other SRO Critical Repairs Unprogrammed CDBG - Other Perry Park Project SRO Critical Repairs Hotel Roanoke 108 Repayment Economic Development Investment Fund Unprogrammed CDBG - Other Unprogrammed CDBG - Other - RRHA (035-099-9936-1004) (035-099-9936-1120) (035-099-9936-5222) (035-099-9938-5057) (035-099-9938-5067) (035-099-9938-5074) (035-099-9938-5084) (035-099-9938-5098) (035-099-9938-5152) (035-099-9938-5155) (035-099-9938-5158) (035-099-9938-5160) (035-099-9938-5169) (035-099-9938-5172) (035-099-9938-5263) (035-099-9938-5269) (035-099-9938-5350) (035-099-9940-5300) (035-094-9440-5154) (035-094-9430-5136) (035-094-9440-5189) (035-095-9520-5107) (035-095-9540-5189) (035-097-9720-5106) (035-097-9720-5107) (035-097-9730-5135) (035-097-9730-5136) (035-097-9740-5189) (035-097-9740-5197) $120,000.00 50,000.00 18,580.00 1,420.00 22,000.00 8,000.00 20,000.00 15,000.00 20,000.00 15,000.00 18,000.00 38,600.00 50,000.00 20,450.00 16,650.00 10,000.00 38,000.00 10,363.00 13,000.00 46,130.00 43,495.00 46,536.00 (90,031.00) 1,559.00 (1,559.00) 100,000.00 10,910.00 128,341.00 153,464.00 (267,254.00) (63,036.00) 595 137) Unprogrammed CDBG - Land Sale 138) SRO Critical Repairs 139) TAP - Helping Elderly 140) Hotel Roanoke 108 Repayment 141) Unprogrammed CDBG - Section 108 Payment 142) Unprogrammed CDBG - RRHA 143) Unprogrammed CDBG - Other - Land Sale 144) CDBG - Entitlement 145) Other Program Income - RRHA 146) Cooper Industries (UDAG) 147) Parking Lot Income - Williamson Road (UDAG) 148) Loan Payment - NNEO - 810 Loudon 149) Trompeter Brothers, L.C. 150) SRO Loan to TAP 151) Home Ownership Assistance 152) Lagniappe, L.L.C. 153) K.D.L. Investments, L.L.C. 154) Downtown Associates 155) Hotel Roanoke Loan Repayment 156) Rental Rehab. Repay (035-097-9740-5187) (035-098-9820-5107) (035-098-9820-5080) (035-098-9830-5135) (035-098-9840-5188) (035-098-9840-5197) (035-098-9840-5187) (035-035-1234-9901) (035-035-1234-9903) (035-035-1234-9906) (035-035-1234-9907) (035-035-1234-9909) (035-035-1234-9916) (035-035-1234-9920) (035-035-1234-9922) (035-035-1234-9931 ) (035-035-1234-9932) (035-035-1234-9933) (035-035-1234-9934) (035-035-1234-9940) $ (62,425.00) 2,531.00 16,027.00 431,441.00 (309,597.00) (95,149.00) (45,253.00) 2,095,000.00 40,000.00 13,333.00 120,621.00 2,119.00 6,721.00 5,600.00 20,000.00 7,620.00 9,964.00 1,750.00 150,000.00 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor 596 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33875-061598. A RESOLUTION accepting the Fiscal Year 1998-99 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 1998-99 funds for the Community Development Block Grant Program are hereby ACCEPTED, upon receipt of an approved letter from HUD. 2. The City Manager or the Assistant City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the report to this Council dated June 15, 1998. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33876-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. 597 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development HOME Investment Partnership FY98-99 (1-7) ............. HOME Investment Partnership FY97-98 (8-12) ........... HOME Investment Partnership FY96-97 (13-14) ........... HOME Investment Partnership FY95-96 (15-17) ........... HOME Investment Partnership FY94-95 (18-19) ........... HOME Program Income FY97-98 (20) ................... $ 4,637,372.00 628,000.00 591,000.00 601,000.00 651,000.00 605,000.00 3,434.00 Revenue Community Development HOME Investment Partnership FY98-99 (21) ............. HOME Investment Partnership FY97-98 (22) ............. HOME Program Income (23) ........................... $ 4,637,372.00 628,000.00 591,000.00 11,220.00 1) RRHA Consolidated Loan Program 2) RRHA HOP Subsidy Program 3) RRHA General Administration 4) NNEO New Gilmer Phase I (CHDO Project) 5) NNEO New Gilmer Phase I (CHDO Operating) 6) BRHDC Loudon/Melrose Community Rebuilding 7) Contingency for Cost Overruns (Unprogrammed) 8) NNEO New Gilmer Phase I (CHDO Project) 9) DHD HOME Security Deposit (035-090-5306-5333) (035-090-5306-5338) (035-090 -5306-5239) (035-090-5306-5343) (035-090-5306-5344) (035-090-5306-5345) (035-090-5306-5346) (035-090-5305-5343) (035-090-5305-5318) $ 335,459.00 6,466.00 39,948.00 144,341.00 23,355.00 46,566.00 31,865.00 4,000.00 (5,336.00) 598 10) RRHA HOP Subsidy Program (035-090-5305-5338) 11) Operating Reserves - CHDO (035-090-5305-5334) 12) NNEO New Gilmer Phase I (CHDO Operating) (035-090-5305-5344) 13) Admin-Office of Grants Compliance 14) RRHA General Administration 15) DHD HOME Security Deposits 16) RRHA HOP Subsidy Program 17) NNEO New Gilmer Phase I (CHDO Project) 18) Admin-Office of Grants Compliance 19) RRHA General Administration 20) BRHDC LoudonlMelrose Community Rebuilding 21) HOME Revenue FY98-99 22) HOME Revenue FY97-98 23) HOME Program Income (035-090-5304-5303) (035-090-5304-5239) (035-090-5303-5318) (035-090-5303-5338) (035-090-5303-5343) (035-090-5302-5303) (035-090-5302-5239) (035-090-5321-5345) (039-039-1234-7276) (035-035-1234-7248) (035-035-1234-7220) 5,336.00 (1,645.00) 1,645.00 ( 33.00) 33.00 (9,794.00) 8,135.00 1,659.00 ( 19.00) 19.00 3,434.00 628,000.00 4,000.00 3,434.00 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 599 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33877-061598. A RESOLUTION accepting the Fiscal Year 1998-99 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 1998-99 funds for the HOME Investment Partnerships Program are hereby ACCEPTED, upon receipt of an approved letter from HUD. 2. The City Manager or the Assistant City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the report to this Council dated June 15, 1998. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33878-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. 6OO 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_o_~ropriations General Government Garden City Property Relocation (1) .................... $ 15,263,963.00 2,771,245.00 Revenue Due from State (2) .................................... $ 2,248,905.00 1) Appropriated from State Grant Funds 2) Virginia Department of Emergency Services Garden City Hazardous Mitigation (008-052-9696-9007) $ (008-1235) 232,844.00 232,844.00 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 June, 1998. No. 33879-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. 601 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 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~pro_~riations Public Safety $ 38,574,470.00 Jail (1) .............................................. 8,012,100.00 Public Works $ 26,165,040.00 Streets and Traffic (2-6) ................................ 2,232,356.00 Solid Waste Management - Refuse (7) .................... Building Maintenance (8-10) ............................ 6,949,791.00 3,357,860.00 Nondepartmental $ 61,298,309.00 Contingency (11) ...................................... 86,359.00 1) Jail Recovered Costs 2) Motor Fuels 3) Training and Development 4) Equipment Rental/Lease 5) Project Supplies 6) Maintenance of Infrastructures 7) Fees for Professional Services 8) Fees for Professional Services 9) Maintenance - Third Party Contract 10) Maintenance of Fixed Assets 11) Contingency (001-024-3310-8006) (001-062-4110-2038) (001-052-4110-2044) (001-052-4110-3070) (001-052-4110-3006) (001-052-4110-3055) (001-052-4210-2010) (001-052-4330-2010) (001-052-4330-3056) (001-052-4330-3057) (001-002-9410-2199) $ (26,100.00) ( 5,000.00) ( 2,400.00) ( 1,500.00) ( 5,000.00) ( 5,000.00) 195,000.00 (20,000.00) (lo,ooo.oo) (lO,OOO.OO) (11o,ooo.oo) 602 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 June, 1998. No. 33880-061598. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Subgrantee Agreement with Virginia Realty and Auction, Inc., to provide for the extension of the completion date of the renovation to certain property located at 716- 718-720-722 First Street, S.W. ("One Elm Place"), and the amendment of other terms. 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, Amendment No. 1 to the Subgrantee Agreement with Virginia Realty and Auction, Inc., to provide for the extension of the completion date of the renovation to certain property located at 716-718-720-722 First Street, S.W. ("One Elm Place"), and the amendment of other terms, in form similar to Amendment No. 1 which is attached to the City Manager's report dated June 15, 1998. 2. The form of the amendment shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 603 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33881-061598. A RESOLUTION accepting the bid of Cunningham Associates, Inc., for the purchase of new playgroUnd equipment for use in four City parks, upon certain terms and conditions; and rejecting the other bid made for such equipment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Cunningham Associates, Inc., of Charlotte, North Carolina, for the purchase of new playground equipment for use in four (4) City parks, at a total cost of $115,896.00, 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 equipment. 3. The other bid made to the City for the playground equipment is 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 15th day of June, 1998. No. 33882-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. 604 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety Federal Forfeiture Program (1) ....................... $ 1,490,939.00 490,300.00 Revenue Public Safety Federal Forfeiture Program (2-3) ...................... $ 1,490,939.00 49O,3OO.00 1) Investigations and Rewards 2) Federal Forfeiture Program 3) Federal Forfieture - Interest (035-050-3304-2150) (035-035-1234-7184) (035-035-1234-7247) $ 42,428.00 39,957.00 2,471.00 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 15th day of June, 1998. No. 33883-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. 605 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_~ro_oriations Public Safety Forfeited Criminal Assets (1-2) ...................... $ 1,448,511.00 129,377.00 Revenue Public Safety Forfeited Criminal Assets (3-4) ...................... $ 1,448,511.00 129,377.00 1) Expendable Equipment (<1,000) 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) $ 5,714.00 15,852.00 18,162.00 3,404.00 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 606 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33884-061598. A RESOLUTION authorizing the City Manager to extend full benefits of participation in the City's Classification and Pay Plans to the Commissioner of Revenue, Treasurer and Sheriff (Constitutional Officers), and their employees and deputies, upon execution by such Constitutional Officers of written agreements between the City and them, relating to their compliance with certain City ordinances, policies and procedures. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk ars hereby authorized, for and on behalf of the City, to execute and attest, respectively, agreements between the City and certain Constitutional Officers providing that, in consideration for participation in the City's Classification and Pay Plans and other City benefits and being paid as a constitutional officer in a city of 100,000 to 174,999 in population, such officers, their employees and deputies shall comply with Article III, Officers and Em_r)loyees Generally, and Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, all Personnel Operating Procedures, all personnel regulations heretofore or hereafter promulgated by the City Manager and the Grievance Procedure and Affirmative Action Plan, as amended, of the City. 2. The terms of such agreements shall be indefinite continuing until terminated by written notice of the City or of the Constitutional Officers or upon termination of the term of office of the Constitutional Officers, whichever shall occur sooner. The form of such agreements shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 607 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33885-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDrJations General Government Clean Restore Civic Center Exterior (1) .................. Window Replacement - Commonwealth Building (2) ....... $15,004,403.00 69,181.00 74,103.00 Streets and Bridges Sidewalks and Curbs Phase I (3) ....................... $21,814,455.00 296,792.00 Sanitation $ 1,362,308.00 Salem Avenue Storm Drain Replacement/Construction (4).. 166,314.00 Capital Improvement Reserve Capital Improvement Reserve (5) ....................... Public Improvement Bonds - Series 1992 (6) .............. Public Improvement Bonds - Series 1996 (7-8) ............. $13,617,769.00 551,395.00 1,488,640.00 7,888,384.00 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Appropriated from Bond Funds 4) Appropriated from Bond Funds 5) Buildings and Structu res 6) Storm Drains 7) Buildings 8) Streets and Sidewalks (008-052-9625-9001) (008-052-9628-9003) (008-052-9707-9001) (008-052-9644-9001 ) (008-052-9575-9173) (008-052-9700-9176) (008-052-9701-9183) (008-052-9701-9191 ) $ (25,819.00) ( 897.00) (14,158.00) (36,119.00) 897.00 36,119.00 25,819.00 14,158.00 608 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 15th day of June, 1998. No. 33886-061598. 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 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; 609 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. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 610 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33887-061598. A RESOLUTION establishing a policy with respect to illumination of the Roanoke Star on Mill Mountain. WHEREAS, on November 18, 1996, City Council voted to continue the "Keep the Star White" campaign of Mothers Against Drunk Driving pending receipt of a report from the Mill Mountain Advisory Committee (Committee) as to the Committee's vision for Mill Mountain; WHEREAS, Mothers Against Drunk Driving's campaign involves illumination of the Star in red whenever a traffic death in the City or surrounding region is caused by alcohol or illegal drugs and the concomitant effort to maintain as the Star as white; WHEREAS, by letter, dated June 1, 1998, the Committee has rendered its recommendation as to the "Keep the Star White" campaign, and their recommendation is that the campaign not be continued; WHEREAS, the Committee believes that the Star, just as the United States flag, should be a prominent, positive and unifying symbol and should represent the positive and unifying attributes and goals held dear by the City and all of its constituents; WHEREAS, in the opinion of the Committee, the red illumination of the Star in the event of a traffic death is an inappropriate symbolic use of the Star; and WHEREAS, City Council desires to adopt the policy recommended by the Committee as to future use and illumination of the Star; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Star should be a constant symbol of the positive goals and attributes of the City and its surrounding region, and the use of the Star should focus on a positive, all encompassing and unifying theme which uplifts the whole fabric of the City and the Roanoke Valley. 611 2. The Star should not be used to support any private group's interests, goals, or messages regardless of the perceived worth of the interests, goals or messages. Use of the Star for such purposes would involve City Council in the impossible task of determining which "public good" messages should be supported and which should not be supported. 3. The Star should not be displayed or permitted to be used to convey negative messages. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1998. No. 33888-061598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ap_oro_~riations Capital Outlay $ 3,941,780.00 Water Tank Painting (1) ............................... 176,000.00 Operating Capital Outlay from Revenue (2) ....................... $ 9,498,892.00 2,701,345.00 Retained Earnin~js Retained Earnings - Unrestricted (3) .................... $29,802,753.00 612 1) Appropriated from General Revenue 2) Water Maintenance - Painting 3) Retained Earnings (002-056-8388-9003) (002-056-2t 78-9028) (002-3336) 176,000.00 (100,000.00) (76,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1998. No. 33889-061598. AN ORDINANCE accepting the bid for the exterior and interior potable water tank painting of Grandin Court Tanks 1 and 2 and the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc., of Newbern, North Carolina, 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 potable water tank painting of Grandin Court Tanks 1 and 2 and the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc., of Newbern, North Carolina, in the total amount of $161,000, as is more particularly set forth in the City Manager's report dated June 15, 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. 613 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. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor